4.02 4.2
SEQRA Issues\Luzerne Road Culvert—Bridge NY Grant—NYS DOT—Type II Action—11-21-2022
RESOLUTION OF DETERMINATION THAT CULVERT REPLACEMENT
PROJECT ON LUZERNE ROAD AT CLENDON BROOK IS A
SEQRA TYPE II ACTION
RESOLUTION NO.: ,2022
INTRODUCED BY:
WHO MOVED ITS ADOPTION
SECONDED BY:
WHEREAS, by Resolution No.: 292,2022, the Queensbury Town Board authorized the
CULVERT NY, Town of Queensbury for Culvert NY, Luzerne Road over Clendon Brook, PIN
1762.11 project as the Town seeks to replace the existing 7-foot CMP culvert carrying Clendon
Brook beneath Luzerne Road with a new 8-foot concrete box culvert in the same location, with
other aspects of the project including temporary stream diversion, subsurface utility replacement,
and associated roadway and guardrail improvements in the vicinity of the work area (the
"Project"), and
WHEREAS, 6 NYCRR Section 617.5 (Title 6 of the New York Code of Rules and
Regulations) under the State Environmental Quality Review Act (SEQRA) provides that certain
actions identified in subdivision (c) of that section are not subject to environmental review under
the Environmental Conservation Law, and
WHEREAS, the Queensbury Town Board, as Project sponsor and owner, has reviewed
the Project and criteria contained in 6NYCRR Section 617.5(c) which describes activities
qualifying as Type II actions,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board determines that the CULVERT NY, Town
of Queensbury for Culvert NY, Luzerne Road over Clendon Brook, PIN 1762.11 Project is a
Type II Action as per 6 NYCRR Part 617.5(c)(2) "replacement, rehabilitation or reconstruction
of a structure or facility, in kind, on the same site, including upgrading buildings to meet building,
energy, or fire codes unless such action meets or exceeds any of the thresholds in section 617.4 of
this Part," and that the Project will not cause significant adverse environmental impacts and no
additional review under SEQRA is required, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to
sign any documentation and take any actions to effectuate the terms of this Resolution.
Duly adopted this 2V day of November, 2022,by the following vote:
AYES
NOES
ABSENT:
.r
RESOLUTION AUTHORIZING IMPLEMENTATION AND FUNDING
100% OF COSTS OF TRANSPORTATION PROJECT OF WHICH
QUALIFIED COSTS MAY BE REIMBURSED FROM BRIDGE NY FUNDS -
CULVERT REPLACEMENT PROJECT ON LUZERNE ROAD
AT CLENDON BROOK
RESOLUTION NO.: 292,2022
INTRODUCED BY: Mr.Anthony Metivier
WHO MOVED ITS ADOPTION
SECONDED BY: Mr.Harrison Freer
WHEREAS, by Resolution No.: 153,2021, the Queensbury Town Board authorized
engagement of C.T. Male Associates for preparation of a 2021 New York State Department of
Transportation(NYS DOT) Bridge NY Grant Funding Application regarding a culvert replacement
project on Luzerne Road at Clendon Brook in the Town of Queensbury and by Resolution No.: 65,
2022, the Town Board authorized acceptance of$839,212 in NYS DOT Bridge NY Grant Funds
for the Project and establishment of the Luzerne Road Culvert Capital Project No. 242 (which
Capital Project No. was amended to Capital Project No.: 243 per Resolution No.: 76,2022), and
WHEREAS, this project for the CULVERT NY, Town of Queensbury for Culvert NY,
Luzerne Road over Clendon Brook, PIN 1762.11 (the "Project") is eligible for reimbursement of
qualified costs from Bridge NY funding that calls for the post-reimbursement apportionment of
the qualified costs be borne at the ratio of 100% Bridge NY funds and 0% non-Bridge NY funds,
and
WHEREAS, the New York State Department of Transportation (NYSDOT) will design,
let, and administer all phases of the Project,and
WHEREAS, the Town of Queensbury desires to advance the Project by making a
commitment of 100% of the costs of Construction work for the Project or portions thereof,
NOW,THEREFORE,BE IT
RESOLVED,that the Queensbury Town Board hereby authorizes and approves the Project;
and
BE IT FURTHER,
RESOLVED, that the Town Board hereby grants the New York State Department of
Transportation (NYSDOT) permission to directly apply Bridge NY funds to reimburse costs
incurred by NYSDOT on the Project, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby agrees that the Town of Queensbury shall be
responsible for all costs of the Project which exceed the amount of the NY Bridge Funding
awarded to the Town of Queensbury, and
BE IT FURTHER,
RESOLVED, that in the event the costs of the Project exceed the amount of Bridge NY
funding appropriated, the Town Board shall convene as soon as possible to appropriate said
excess amount immediately upon the notification by the New York State Department of
Transportation thereof, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby agrees that Town of Queensbury hereby
commits that construction of the Project shall begin no later than twenty-four (24) months after
award and the construction phase of the Project shall be completed within thirty(30) months, and
BE IT FURTHER,
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RESOLVED, that the Town Supervisor of the Town of Queensbury be and is hereby
authorized to execute all necessary agreements, certifications or reimbursement requests with
NYSDOT for State Aid and/or Bridge NY funding on behalf of the Town of Queensbury and in
connection with the advancement or approval of the Project and providing for the administration
of the Project and the municipality's funding of the Project costs, and
BE IT FURTHER,
RESOLVED, that the Town of Queensbury will be responsible for all maintenance of the
Project, and
BE IT FURTHER,
RESOLVED, that a certified copy of this Resolution be filed with the New York State
Commissioner of Transportation by attaching it to any necessary Agreement in connection with
the Project, and
BE IT FURTHER,
RESOLVED, this Resolution shall take effect immediately.
Duly adopted this 8"'day of August,2022,by the following vote:
AYES Mr. Metivier,Mr. Freer, Mr. Ferone,Mr. McNulty,Mr. Strough
NOES : None
ABSENT: None