149.99
RESOLUTION ACCEPTING CRACKER BARREL OLD COUNTRY
STORES, INC.’S FINAL ENVIRONMENTAL IMPACT STATEMENT (FEIS)
AND AUTHORIZING NOTICE OF COMPLETION OF FEIS
RESOLUTION NO. : 149. 99
INTRODUCED BY : Mr. Pliney Tucker
WHO MOVED ITS ADOPTION
SECONDED BY : Mr. Richard Merrill
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 9,462 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
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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 objected to designation of the Town
Board as SEQRA Lead Agency and the Town Board issued a SEQRA Positive Declaration requiring
Cracker Barrel to prepare an Environmental Impact Statement for the Project, and
WHEREAS, Cracker Barrel presented the Town with a Draft Environmental Impact
Statement and the DEIS was 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, by Resolution No.:
410.98, accepted the DEIS as satisfactory with respect to its scope, content and adequacy for the
purpose of commencing public review, and
WHEREAS, Resolution No. 410.98 also established a public comment period and public
hearing date concerning the DEIS to satisfy SEQRA requirements, and a public hearing was held on
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November 23, 1998 and all interested persons were heard, and
WHEREAS, Cracker Barrel then presented the Town with a Final Environmental Impact
Statement and the FEISwas reviewed by the Town Planning Staff and Town Board, and
WHEREAS, the Town Planning Staff and Town Board identified additional information that
was needed in order for the FEIS to adequately address issues raised at the public hearing and
remaining issues of concern, and
WHEREAS, additional correspondence was generated and submitted by Cracker Barrel to be
part of the FEIS, such correspondence set forth in the April 27, 1999 letter from Lemery MacKrell,
LLC to Christopher Round, and
WHEREAS, the FEIS includes discussion of the substantive comments received on the DEIS
and responses to those comments,
NOW, THEREFORE, BE IT
RESOLVED, that the Town Board of the Town of Queensbury hereby accepts the Final
Environmental Impact Statement (FEIS) submitted by Cracker Barrel Old Country Stores, Inc.
presented at this meeting, and
BE IT FURTHER,
RESOLVED, that the Town Board of the Town of Queensbury hereby approves and adopts
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the Notice of Completion of Final EIS presented at this meeting, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes and directs the Executive Director of
Community Development to file the Notice of Completion of Final EIS as required by the SEQRA
Regulations, 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.
rd
,
Duly adopted this 3 day of May 1999, by the following vote:
AYES: Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Champagne
NOES: None
ABSENT:None
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