410.98
RESOLUTION MAKING SEQRA POSITIVE DECLARATION,
ACCEPTING DRAFT ENVIRONMENTAL IMPACT
STATEMENT (DEIS) AS COMPLETE, REQUESTING COMMENTS ON
THE DEIS, AND SETTING PUBLIC HEARING REGARDING THE
PETITION FOR CHANGE OF ZONE FOR THE
CRACKER BARREL OLD COUNTRY STORE
RESOLUTION NO. : 410, 98
INTRODUCED BY : Mr. Douglas Irish
WHO MOVED ITS ADOPTION
SECONDED BY : Mr. Pliney Tucker
WHEREAS, Cracker Barrel Old Country Stores, Inc. (Cracker Barrel) is seeking approval for
a change of zone from the Town of Queensbury Town Board, site plan approval from the Town of
Queensbury Planning Board and other approvals from state and local agencies to enable it to construct
a new 8,462 square foot restaurant facility on approximately 2.5 acres of a 4.44 acre site located at the
corner of Aviation Road and Greenway North, across from the Aviation Mall in Queensbury (the
Project), and
WHEREAS, Cracker Barrel has agreed to submit a Draft Environmental Impact Statement
(DEIS) to the Town to accompany its application for purposes of compliance with the State
Environmental Quality Review Act (SEQRA), and
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WHEREAS, on or about October 20, 1997, the Town Board of the Town of Queensbury
adopted a Resolution authorizing the submission of the rezoning request to the Town Planning Board
for a report and recommendation, indicating its desire to be designated as SEQRA Lead Agency for
environmental review of the proposed project, and authorizing and directing the Executive Director to
notify all SEQRA Involved Agencies of the Town Board’s desire to be Lead Agency, and
WHEREAS, none of the SEQRA Involved Agencies have objected to designation of the Town
Board as SEQRA Lead Agency, and
WHEREAS, Cracker Barrel has presented the Town with a Draft Environmental Impact
Statement and the DEIS has been reviewed by the Town Planning Staff and Town Board, and
WHEREAS, in accordance with the rules and regulations adopted by the New York State
Department of Environmental Conservation pursuant to SEQRA, the Town Board may now decide
whether to accept the DEIS as satisfactory with respect to its scope, content and adequacy for the
purpose of commencing public review,
NOW, THEREFORE, BE IT
RESOLVED, that the Town Board of the Town of Queensbury hereby determines that the
proposed action may have a significant impact on the environment and the Town Board hereby
authorizes and directs the Town’s Executive Director to prepare a SEQRA Positive Declaration and
that it be issued, and
BE IT FURTHER,
RESOLVED, that the Town Board of the Town of Queensbury hereby determines that the
Draft Environmental Impact Statement (DEIS) offered by Cracker Barrel is satisfactory with respect to
its scope, content, and adequacy for purposes of commencing public review, and
BE IT FURTHER,
RESOLVED, that the Town Board of the Town of Queensbury hereby establishes a public
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comment period to commence immediately and to terminate on December 4, 1998, and
BE IT FURTHER,
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RESOLVED, that the Town Board of the Town of Queensbury hereby establishes and sets a
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public hearing on the DEIS to be held on November 23, 1998, at 7:00 p.m., in the Queensbury
Activities Center, which public hearing will be held to satisfy SEQRA requirements, and
BE IT FURTHER,
RESOLVED, the Executive Director of Community Development is hereby authorized and
directed to file and publish the Notices of Positive Declaration, Completion of Draft EIS and SEQRA
Hearing in the Environmental Notice Bulletin and as otherwise required by the SEQRA Regulations,
and
BE IT FURTHER,
RESOLVED, that the public hearing authorized herein shall be preceded by notice which must
be published at least 14 days in advance of the public hearing, in a newspaper of general circulation in
the area of the Town of Queensbury, and
BE IT FURTHER,
RESOLVED, that the SEQRA Positive Declaration, Notice of Completion of Draft EIS and
Notice of SEQRA Hearing presented at this meeting are hereby approved and the Executive Director
of the Community Development Department is hereby authorized to notify all SEQRA involved
agencies of the public hearing, and
BE IT FURTHER,
RESOLVED, that copies of the Notice of Completion and SEQRA Hearing, together with the
Draft Environmental Impact Statement shall be furnished and placed at the following places throughout
the Town of Queensbury:
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1. Queensbury Town Clerk’s Office;
2. Queensbury Planning Department; and
3. Crandall Library;
and
BE IT FURTHER,
RESOLVED, that Town Counsel is hereby authorized to approve as to form the required
notices and make any necessary additions or modifications to comply with the SEQRA Regulations.
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Duly adopted this 2 day of November, 1998, by the following vote:
AYES : Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Merrill
NOES : None
ABSENT: Mr. Champagne
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