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355.96 RESOLUTION ADOPTING DETERMINATION OF NON-SIGNIFICANCE OF REZONING AND PLANNED UNIT DEVELOPMENT - MICHAEL J. VASILIOU, INC./INDIAN RIDGE PLANNED UNIT DEVELOPMENT RESOLUTION NO.: 355.96 INTRODUCED BY: Mrs. Carol Pulver WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, on or about March 29, 1996, Michael J. Vasiliou, Inc., submitted a letter of intent together with an Environmental Assessment Form with exhibits, and requested that certain parcels of land, bearing tax map numbers: 73-1-22.1, 73-1-22.3, 73-1-22.4, 73-1-22.5, 73-1-22.6, 73-1-22.7, and a portion of 73-1-21, located in the vicinity of Aviation Road and the Queensbury Union Free School District (hereinafter referred to as the "Project Site") be rezoned and designated a Planned Unit Development (PUD) in accordance with, and by virtue of, the provisions of Article 8 of the Zoning Laws of the Town of Queensbury, the same being a part of Chapter 179 of the Code of the Town of Queensbury, and WHEREAS, the rezoning would allow for the PUD, which as proposed, would generally consist of a maximum of 111 single family lots, 9 multi-family lots (18 duplex units), 7.1 acres for senior apartments (61 units), and a 1 acre site for limited commercial uses, and WHEREAS, the Town Board of the Town of Queensbury feels that it would be appropriate to consider modification of the zone in the area (Project Site) to allow the Project, provided that the Project is developed as an appropriately conditioned Planned Unit Development, in accordance with the provisions of the Town of Queensbury Zoning Ordinance, and WHEREAS, the Town Board of the Town of Queensbury has determined that the rezoning proposal is worthwhile to consider since: 1. The project would initially appear compatible with the area; 2. The project as proposed appears to be in conformance with stated goals of the Town Comprehensive Land Use Plan; 3. The project would appear to cause or further development in the area that is positive; 4. Public and private utilities and facilities are available in the area to service the project; 5. The school would appear to be benefitted by the project; and 6. Aviation Road will soon be widened as part of an effort by New York State to widen the bridge over the Adirondack Northway, and available to serve the area; and WHEREAS, the proposed project is consistent with the following goals and strategies from the Town Comprehensive Land Use Plan dated May, 1989, which makes reference to encouraging expansion of the regional water service, encouraging the provision of open space through the use of a clustered subdivision design, encouraging increased density where municipal service is available, the need for the provision of senior housing, and 2 WHEREAS, on or about the 27th day of December, 1995, the Town Board of the Town of Queensbury adopted a resolution indicating its desire to be lead agency for SEQRA purposes and authorizing notification of all other involved agencies that the aforesaid letter of intent and application had been made, and WHEREAS, on or about April 15, 1996, the Town Board of the Town of Queensbury adopted a resolution authorizing the submission of the aforesaid request concerning the Rezoning and Planned Unit Development, to be submitted to the Town of Queensbury Planning Board for a report and recommendation, and WHEREAS, on or about the 14th day of May, 1996, the Planning Board for the Town of Queensbury adopted a resolution whereby it recommended a favorable report for the PUD to the Town Board with the condition that the single family lots be sized at a minimum of one-half acre, and WHEREAS, the Warren County Planning Board has reviewed the project, consented to the Town Board of the Town of Queensbury being the lead agency for SEQRA review purposes, and recommended approval of the rezoning and PUD, and WHEREAS, the applicant has submitted as part of the PUD application, a site plan bearing a revision date of June 28, 1996, which indicates a Town Open Space of 8.79 acres in area which is to be conveyed to the Town, and WHEREAS, the site plan revised on June 28, 1996 indicates that 52.76 acres of land will be preserved as a conservation area in order to restrict further development and protect its ecological qualities, and WHEREAS, the site plan revised on June 28, 1996 indicates that 3 portions of lots 12-17, 18-24, 51-63, 65-70, 93-96, and 111 will include deed references to cutting restrictions, and WHEREAS, lots 71-85 as shown on the site plan bearing a revision date of June 28, 1996 will have a "no build" area in the rear-yard of each lot which measures at least forty feet (40') in depth, and WHEREAS, the proposed action is a Type I Action pursuant to the Rules and Regulations of the State Environmental Quality Review Act, and WHEREAS, in view of the foregoing, and in accordance with §179-57 D. of the Code of the Town of Queensbury, the Town Board of the Town of Queensbury held a public hearing on June 17, 1996 on the proposed rezoning and Planned Unit Development, and WHEREAS, following the aforesaid public hearing, the Town Board of the Town of Queensbury convened and discussed and took a hard look at the areas of environmental concern raised by virtue of written communications, documents submitted by the developer, involved or interested agencies and others, the public hearing, Town staff comments, historical data regarding other PUD's, and the Town Board members themselves, and WHEREAS, the Town Board of the Town of Queensbury also considered and discussed proposed mitigation measures, zoning conditions, and future Planning Board reviews that would be required for the Planned Unit Development prior to any construction occurring in connection therewith, and WHEREAS, the Town Board of the Town of Queensbury has reviewed the project's potential environmental impacts, both small and large, and has reviewed Parts II and III of the Long Environmental 4 Assessment Form for the Rezoning/Planned Unit Development, and the Town Board has inserted certain responses therein, and WHEREAS, careful review of the Long Environmental Assessment Form resulted in Town Board identification of several potential environmental impacts, some deemed to be "small to moderate" and some deemed to be "potentially large." In some instances, a potential environmental impact was identified as meeting a threshold which might generally lead to classification as "potentially large," but when carefully considered by the Town Board in the context of this specific project and recognizing that the instructions for completion of the Environmental Assessment Form are general guidelines subject to specific application by lead agencies in specific situations, was classified by the Town Board as "small to moderate." The Town Board then prepared an Environmental Assessment Form Part III to evaluate the importance of all potential environmental impacts, not just those identified as "potentially large," but also those identified as "small to moderate" as well, and WHEREAS, the Town Board of the Town of Queensbury has carefully considered the proposed Rezoning and Planned Unit Development, reviewed the Environmental Assessment Form and the criteria set forth in Section 617.7 of 6 NYCRR, Part 617, and other information received and thoroughly analyzed the identified relevant areas of environmental concern to determine if the action may have a significant effect on the environment, and has taken a hard look at potential environmental impacts with detailed consideration and due deliberation, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby recognizes the action proposed by the developer is classified as a 5 Type I Action under the rules and regulations promulgated under the State Environmental Quality Review Act (SEQRA), and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby adopts the Environmental Assessment Form Parts II and III and determines that, after careful analysis, the potential environmental impacts identified in the Environmental Assessment Form Part II and analyzed, discussed and evaluated in Environmental Assessment Form Part III are not sufficiently important to require preparation of an Environmental Impact Statement, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury recognizes the importance of carefully examining, from an environmental standpoint, any development of an area near or adjacent to the wetland and particularly this site, as a result of the various areas of environmental concern that have been raised either in the documents presented by the developers, other agencies, members of the public, and the Town Board members themselves, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury, after examining relevant areas of environmental concern, the mitigation measures proposed, and the conditions that may be imposed since the project requires legislative zoning action, determines that no significant effect on the environment will occur if the project is developed in accordance with proposed mitigation measures and conditions, and 6 BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury, in view of the foregoing and all of the evidence considered in connection with this project, hereby determines that the Rezoning and Planned Unit Development as proposed, with mitigation measures and legislative conditions, will not have significant environmental effects and therefore does not require the preparation of a Draft Environmental Impact Statement, and BE IT FURTHER, RESOLVED, that a Negative Declaration is hereby approved and that the Executive Director is hereby authorized and directed to file the same in accordance with the provisions of the General Regulations of the New York State Department of Environmental Conservation, and BE IT FURTHER, RESOLVED, that the Town Supervisor is hereby authorized to execute and complete any parts of the Environmental Assessment Form or Negative Declaration consistent with the terms and provisions of this resolution, and BE IT FURTHER, RESOLVED, that the Executive Director shall file a copy of the Negative Declaration and this resolution, if necessary, with any appropriate interested or involved agencies in accordance with the Rules and Regulations of the New York State Department of Environmental Conservation and mail a copy of this determination to all involved agencies. 7 Duly adopted this 19th day of August, 1996, by the following vote: AYES : Mrs. Monahan, Mr. Turner, Mrs.Goedert, Mrs. Pulver, Mr. Champagne NOES : None ABSENT: None 8