Loading...
SEQRA Findings Aviation Mall - 8-6-2001 revised 8-27-2001 L:\PamW\StaffNotes\2001\August\SEQRA Findings Aviation Mall-8-6-Ol.doc Lc' \is,ecl /\rI27 2001 TOWN OF QUEENSBURY PLANNING BOARD PYRAMID COMPANY OF GLENS FALLS AVIATION MALL RENOVATION AND EXPANSION SEQRA FINDINGS STATEMENT This SEQRA Findings Statement has been prepared in accordance with provisions of Article 8 of the Environmental Conservation Law and its implementation regulations in 6 NYCRR Part 617 (collectively, "SEQRA"). The Town of Queensbury Town Board ("Town Board"), acting as SEQRA Lead Agency (with the consent of other involved agencies) for the above-referenced action, has determined that all of the procedural and other requirements of SEQRA have been met, that consistent with the social, economic and other essential considerations from among the reasonable alternatives thereto, the action to be approved minimizes or avoids adverse environmental effects to the maximum extent practicable, adverse environmental impacts revealed in the environmental impact statement process will be minimized or avoided by incorporating as conditions to the decision those mitigation measures identified as practicable. The Town of Queensbury Planning Board concurs with the Town of Queensbury Town Board and makes the following findings and determinations. These findings and determinations are based on due consideration of the record, including the Petition for Zone Change, Environmental Assessment Form, the Draft Environmental Impact Statement ("DEIS"), the Addendum to the DEIS ("Addendum"), the Final Environmental Impact Statement ("FEIS"), the analyses and recommendations of various involved and interested agencies, and the analyses, comments and recommendations of the Town's independent consultants, the Applicant's consultants, and members of the public. These findings and determinations are also based on the general, specific and detailed knowledge of the Town of Queensbury Planning Board of the site and the surrounding community. I. BACKGROUND 1. APPLICATION AND PROCEDURE In April, 1998, the Applicant submitted a petition for zone changes (the "Petition") to the Town Board as well as an application for site plan approval to the Town of Queensbury Planning Board ("Planning Board"). The Petition requested that the lands located between Aviation Mall and the Northway/Exit 19 interchange ("Northwest Lands") be re-zoned to Enclosed Shopping Center - 25 Acres ("ESC-25A") and that certain amendments be made to the ESC-25A regulations to accommodate an expansion of Aviation Mall by ±850,000 square feet of gross leaseable area ("SF GLA") and associated multi-level parking facilities and other site improvements ("Original Project"). In April, 2001, due to substantive environmental comments and other factors, the Applicant proposed to modify the Original Project by substantially reducing its size. This modification will accommodate a ±125,000 SF GLA building addition, eliminate ±23,500 SF GLA of existing mall space and reallocate ±34,000 SF GLA of previously approved but not yet constructed space for a n�t�:��X�pa�..s���ao����nion f ±70,000 SF GLA�1�AMo(" dified Project" HJs net 12an ) su �n �:)f 101A500 SF tne Av�ation MaH Upon completion, the overall size of Aviation Mall will be±661,000 SF GLA ("Expanded Mall"). The Town Board resumed consideration of the Applicant's petition for zone change. On May 4, 1998, the Town Board determined the proposed action was a Type I action under SEQRA, and made a determination that the Original Project may have a significant impact on the environment and determined the DEIS to be complete. On June 8, 1998, a public hearing on SEQRA and the zone change was held during a joint session of the Town Board and Planning Board. The public comment period closed on June 18, 1998. Upon introduction of the Modified Project, the Applicant submitted the Addendum which explained the modification of the Applicant's proposal. The Addendum contained detailed analyses prepared by the L.A. Group, P.C. and John Collins Engineers, P.C. The Addendum concluded that the DEIS fully and adequately identified and assessed the reasonably foreseeable environmental impacts for the Modified Project and Possible Future Development and that the conclusions in the DEIS remain valid in light of the modification. On May 14, 2001, the Town Board determined that the Addendum was complete and commenced a public comment period on the Addendum and the DEIS which closed on June 18, 2001. Based on comments received during the comment period, the Modified Project received broad support from the public. On July 16, 2001, the Town Board determined the FEIS to be complete. NYSDOT is an involved agency for SEQRA purposes. The Town Board, as lead agency, filed the EIS and other materials required to be filed pursuant to SEQRA with NYS DOT. It actively sought input from NYSDOT before and after the SEQRA comment period. The Addendum was filed with NYSDOT on May 16, 2001. The NYSDOT did not comment during the comment period. It did not comment prior to adoption of the FEIS. NYS DOT provided comment on the Project in correspondence dated August 2, 200L. The Town Board has thoroughly considered traffic impacts. It retained Sear-Brown Group, Inc., an engineering firm with expertise in traffic analysis. Sear-Brown thoroughly examined and commented on the TIS, and its concerns have been addressed. The Town Board recognizes and appreciates the expertise of NYSDOT relating to traffic matters along its highway system. As an involved agency, NYSDOT will have an opportunity to seek to address any concerns it has as part of issuance of its own approvals. It is unnecessary and unreasonable to further delay adoption of the Findings Statement. The Town Board and the Applicant have proceeded in good faith regarding this project. NYSDOT did not timely comment on the EIS; NYSDOT must issue its own approval in connection with the project (including any substantive conditions); and a timely decision by the Town Board is critical to the continuation of this important economic development project. 2. SITE LOCATION AND DESCRIPTION 2 Aviation Mall is an enclosed regional shopping center located on±56 acres of land in the Town of Queensbury, New York ("Existing Mall"). The Existing Mall currently contains ±591,000 SF GLA including retail, theaters and restaurants. The Existing Mall is generally bounded by the Northway (Interstate 87) Exit 19 interchange to the west, Aviation Road to the north, various commercial uses and U.S. Route 9 to the east, and the lands of Niagara Mohawk Power Corporation occupied by power lines to the south ("Existing Site"). The Existing Mall is serviced by three access drives to Aviation Road. The Existing Site is currently zoned ESC-25A. The Northwest Lands are currently zoned Highway-Commercial - 1 Acre ("HC-IA") and the Applicant's Petition seeks to rezone these lands to ESC-25A. The Existing Site and the Northwest Lands are referred to collectively as the "Expanded Site". The topography of the Existing Site is relatively level and generally slopes from west to east. A steep slope exists from the developed areas on the Northwest Lands to the Existing Site. Also, the periphery of the site has steeper slopes than those of the existing uses on the Northwest Lands. The existing commercial/retail buildings on the Northwest Lands are on-grade with Aviation Road. These are no bedrock outcroppings on the Expanded Site and the soils are suitable for construction and drainage. 3. MODIFIED PROJECT The Modified Project seeks to add a±125,000 SF GLA building addition to the Existing Mall and will redevelop ±23,500 SF GLA of the Existing Mall and reallocate ±34,000 SF GLA of previously approved but not yet constructed space. This will result in a net expansion of ±70,000 70 000 SF nGLA. Mffl The building addition is proposed on they north side of the Exist ��� to a ion �)fl" 101,,500 ... .. .ting Mall. This area is currently occupied by existing buildings, internal roads and paved parking areas. As part of the Modified Project, the Applicant has proposed to relocate the internal ring road and to extend the existing left-turn-only driveway to the west, establish landscaping and reserve parking areas in the event that additional parking is needed or desired. Details regarding the location and configuration of the Modified Project are contained in the site plans. 4. POSSIBLE FUTURE DEVELOPMENT While there is currently no site development plan for the Northwest Lands, the Town Board considered the reasonably foreseeable environmental impacts of possible future development of the Northwest Lands due to the Petition. This possible future development was assumed to involve the demolition or renovation of the existing buildings on the Northwest Lands, development of up to an additional ±150,000 SF GLA (free-standing commercial/retail space or attached to the Existing Mall), establishment of parking and internal circulation, creation of access to Aviation Road and to the Aviation Mall internal ring road and establishment of suitable landscaping ("Possible Future Development"). Upon completion of the Possible Future Development, the overall size of Aviation Mall will be ±811,000 SF GLA ("Future Expanded Mall"). 5. PARKING 3 The Existing Mall is served by parking fields located on all sides. The total number of existing parking spaces is 2,831. The Modified Project will reduce the number of parking spaces to,provide 2, 689 parking spaces for a ratio of 4.06 spaces per 1,000 SF GLA. In the event the Applicant determines it to be necessary or appropriate, reserve parking areas identified on the site plans can be constructed consistent with Town approvals-to provide additional spaces. 6. LANDSCAPING AND SCREENING The design of the Modified Project concentrates landscaping along the existing Aviation Road and the internal ring road in the vicinity of Department Store "E". These plantings and other landscaping will soften the view of the Expanded Mall from Aviation Road. Because the majority of landscaping is placed along the periphery, the benefit of this visual diversity and screening will be enjoyed by the traveling public and those not at the Expanded Mall. Similarly, once undertaken, these same design factors will be utilized in the Possible Future Development. Further information detailing the species, placement and quantities of trees, shrubs and plants for the Modified Project is contained in the site plans and will be subject to the review of the Town of Queensbury Planning Board. 7. LIGHTING Outdoor lighting for the Modified Project, including the parking areas, will be designed to minimize glare and light spill off the Existing Site. The design and location of lighting fixtures and poles will be established as approved by the Queensbury Planning Board during site plan review for the Modified Project and any Possible Future Development, respectively. 8. ACCESS AND INTERNAL CIRCULATION The Expanded Mall will utilize the three existing driveways from Aviation Road. The westerly and easterly full service driveways and traffic signals will continue to be used. The existing center driveway will be extended west and the internal ring road improved to facilitate access to the Modified Project. Changes to the internal ring road in the vicinity of the Modified Project and the associated parking field layout are designed to enhance internal circulation of the Expanded Mall. Public transportation by GGFTC buses will continue to be accommodated. While there is no current plan to do so, in the event the Town causes an extension of Foster Avenue to be constructed, the Applicant has expressed a willingness to consider reasonable site improvements to facilitate such an extension. II. PROJECT IMPACTS 1. MUNICIPAL REVENUES AND FINANCES a. Modified Proiect 4 The Modified Project will have a significant positive economic impact as it is anticipated to create ±223 full time equivalent construction jobs with a payroll of $6,250,000. In addition, ±137 full time equivalent jobs are anticipated once the Modified Project is complete with an annual payroll of$2,000,000. These jobs and revenues will generate additional expenditures in the local economy, through direct and multiplier effects, of approximately ±$3,800,000 annually. Additional projected tax revenues, from real property taxes, school taxes, and sales taxes, are anticipated to total almost $500,000 annually. This growth of the tax base more than offsets any municipal costs associated with the Modified Project. b. Possible Future Development The Possible Future Development will also generate significant positive economic impact when a site development plan is proposed. The Possible Future Development would generate approximately $9,800,000 in new wages, 425 construction and full time equivalent jobs, $3,600,000 of expenditures in the local economy and projected increased tax revenues of approximately $1,035,000 annually. 2. LAND USE AND ZONING The Existing Site is zoned ESC-25A which permits enclosed shopping centers with site plan approval. The Northwest Lands are currently zoned HC-lA which permits commercial and retail uses. These lands are currently occupied by a variety of commercial buildings including a former restaurant, hotel, and gas station/convenience store. The proposed zone change logically extends the ESC-25A onto the Northwest Lands to create a uniform zoning district encompassing the Expanded Site. The typical retail, restaurant and theater uses in an enclosed shopping center are generally permitted in the HC-lA zoning district and allow the Modified Project and Possible Future Development to take advantage of the site design and building layout flexibility of the ESC-25A district. The Aviation Road corridor (as well as the Route 9 corridor to the east) are currently heavily developed with a variety of commercial uses. The Queensbury Comprehensive Land Use Plan ("QCLUP") identifies this area of Aviation Road near the Northway Exit 19 interchange as the "commercial center" of the Town. The redevelopment of the existing commercial uses is consistent with such long range plans and prevents commercial sprawl. Surrounding zoning districts include HC-lA, Plaza-Commercial - 1 Acre supporting substantial commercial development. Given these factors, the Town Board finds that amendment of the zoning classification and zoning map for the Northwest Lands to ESC-25A would result in appropriate zoning for the uses contemplated for this area and is consistent with the QCLUP. The Petition requests certain amendments to the regulations for uses in the ESC-25A zone to allow for greater flexibility in site design and building layouts to accommodate the Modified Project and any Possible Future Development. The amendments apply to building height, density, setbacks, permeability, parking and to the permitted and accessory uses in an ESC-25A zone. Taking into account the Modified Project and the Possible Future Development, and the extent to which impacts have been evaluated pursuant to SEQRA and subject to the 5 modifications described below, the requested amendments are consistent with the QCLUP and the character of the area. The Applicant requested that the maximum building height be changed to 80 feet. Given topography of the site and the method of calculation of height set forth in the Zoning Law, an increase in the maximum height limitation to 80 feet is appropriate, provided the building face of each building which directly fronts on Aviation Road continues to be subject to the 50-foot height limit. This requirement will ensure that such a building face will appear at a height consistent with other existing and future structures along this section of the Aviation Road corridor. The Applicant also requested that building setbacks and buffer zones, including the travel corridor overlay, be measured from the edge of pavement within the highway right-of-way along Aviation Road. The Town Board found that such requested modification is inconsistent with the Town's Ordinance. However, the Town Board also found there is adequate ROW along the Aviation Road Corridor through I-87 east to New York State Route 9. The Town Board modified the Travel Corridor Overlay Zone (§179-28) to reduce this setback to forty feet (40') consistent with the setbacks of the ESC zone. Access drives, to the extent located within the highway right-of-way, are intended to be excluded in making such measurements. The Planning Board concurs. A small section of the existing right-of-way boundary for Aviation Road in front of the Northwest Lands protrudes substantially into the Northwest Lands creating an irregularly shaped boundary line. These protrusions were created in connection with the recent NYSDOT Aviation Road/Northway bridge replacement and are not caused in any way by the Applicant. It is consistent with the character of the area and the QCLUP to exclude these areas in determining any setback for the Modified Project or the Possible Future Development. The Applicant requested that the minimum permeability for the ESC-25A zone be reduced to 12%. Establishment of the minimum permeability for the ESC-25A zone at 14.5%is appropriate to accommodate the intensity of development considered during this SEQRA review. 3. COMMUNITY SERVICES AND FACILITIES a. Police Protection The Expanded Site will receive primary police protection from the Warren County Sheriffs Department. The Applicant also maintains an on-site security force. Police protection is adequate to serve the current needs of the Town and to accommodate the Expanded Mall and Future Expanded Mall. b. Fire Protection The Queensbury Central Fire Department will provide fire protection services to the Expanded Site. The Expanded Mall will be serviced by on-site municipal hydrants and an in- building fire-suppression system. Fire protection is adequate to serve the current needs of the Town and to accommodate the Expanded Mall and Future Expanded Mall. 6 C. Ambulance and Medical Services The West Glens Falls Emergency Service provides emergency medical services to the Expanded Site. The Glens Falls Hospital is the closest major medical facility and several alternate health care facilities are nearby. These facilities are more than adequate to handle the current needs of the Town and to accommodate the Expanded Mall and Future Expanded Mall. d. Education The Expanded Site is located within the Queensbury School District. As a commercial/retail use, little demand is created for educational facilities. The Queensbury School District has adequate facilities to serve the current needs of the Town and to accommodate the Expanded Mall and Future Expanded Mall. e. Solid Waste Disposal The solid waste generated at the Expanded Site will be handled by the Town's transfer stations and the Warren/Washington County Solid Waste Facility. These facilities have sufficient capacity to accommodate the Town's current needs and to accommodate the Expanded Mall and Future Expanded Mall. L Water and Sewer Services The Queensbury Central Water District will provide municipal water to the Expanded Site. The municipal water facilities are adequate for the needs of the Town and the Expanded Mall. The Expanded Site is part of the Queensbury Central Sewer District. Sewer service facilities are adequate to meet the current needs of the Town and accommodate the Expanded Mall and Future Expanded Mall. g. Utilities The Expanded Site is already serviced by telephone, electric and natural gas services. Adequate telephone, electric and natural gas services exist to accommodate the Expanded Mall and Future Expanded Mall. 4. CULTURAL RESOURCES There will be no significant impact upon cultural resources. The Modified Project and Possible Future Development will occur on lands that have been excavated and/or paved during prior development. No historic structures or sites exist on or adjacent to the Existing Site and Northwest Lands. 5. TOPOGRAPHY AND SLOPE The topography of the Expanded Site are predominantly gentle to rolling slopes with the exception of a hill on the west end of the site and some steeper slopes around the periphery of the site. The majority of the site has less than a 10% slope. No significant impacts to topography and slopes will occur due to the Modified Project or Possible Future Development. 6. GEOLOGY The Existing Site and Northwest Lands consist of very deep sand deposits. No bedrock is expected to be encountered during construction of the Modified Project and Possible Future Development. No impacts to geology have been identified. 7. AIR QUALITY No impact to air quality as a result of the Modified Project and Possible Future Development and air quality standards will continue to be met. 8. TRAFFIC In its review of traffic issues, the Town Board reviewed an April, 2001 Traffic Impact Study ("TIS") prepared by John Collins Engineers, P.C. ("JCE")'. This Traffic Impact Study was also submitted to the New York State Department of Transportation ("NYSDOT"), the Adirondack-Glens Falls Transportation Commission ("AGFTC"), the Town's independent consultant, the Sear-Brown Group, Inc. ("Sear-Brown"), and the Town's Planning Staff. The Town Board has received detailed comments and input from Sear-Brown and general comments from the AGFTC concerning accommodation of mass transportation. The Town Board did not receive any comments from the NYSDOT in connection with the Traffic Impact Study for the Modified Project and Possible Future Development. The absence of comments from the NYSDOT in no way relieves the project applicant of meeting any and all specific requirements NYSDOT may have for the issuance of a highway work permit. The applicant will be responsible for all improvements required by the NYSDOT and such improvements will not take the place of mitigation measures described herein. a. Modified Proiect The TIS utilized the traffic counts contained in the March 19, 2001 traffic study prepared by Creighton Manning Engineering ("CME") and approved by the NYSDOT to establish a Year 2000 existing traffic volume. Taking into account background traffic growth, the traffic volumes for the Modified Project were established. Capacity analyses for the Modified Project were conducted to predict operating conditions at the key studied intersections upon opening of the Expanded Mall. The applicant's TIS concluded that the Modified Project would not result in any significant traffic impacts and that acceptable levels of service would be maintained at key intersections studied. This conclusion was based on implementation of a signal coordination plan as provided in the March 19, 2001 CME Study. The applicant defined "acceptable" as a level of service E. The NYSDOT generally determines acceptability on a case by case basis given various factors such as level of service, existing geometries, overall volumes, system coordination, etc. For the Aviation Road/Route 9 intersection, the traffic analysis indicates a An earlier traffic impact study was prepared in April, 1998 by JCE in connection with the Original Project. Due to the reduction in scale of the Modified Project and Possible Future Development, the impacts and mitigation measures contained in that study are no longer relevant. The April, 1998 JCE traffic impact study has been replaced by the TIS. 8 projected level of service D for the 2002 no build condition. A reduced level of service of E is projected for the 2002 build condition during the Saturday Peak hour. The intersection of Aviation Road and Route 9 falls under the jurisdiction of the NYSDOT. Whereas the decrease in level of service is minimal, the Town recognizes that the NYSDOT has the authority to determine significance on this reduction. The conclusions reached in the TIS appear to be consistent with those in the CME traffic study. To date, no formal proposal has been made by the Town and/or NYSDOT for specific improvements at the intersection of Aviation Road/Route 9. Whereas the present status of the cost or nature of such improvements is unknown, and that the Modified Project will contribute traffic to the present low level of service intersection, the Town Board found and the Planning Board concurs that it would not be appropriate to require construction of specific highway improvements by the Applicant at this time. However, the Town Board concluded and Planning Board finds that the Applicant does contribute to the reduction in the highway system levels of service and is therefore responsible to contribute a fair share proportion toward future improvements necessary for the Town and/or NYSDOT to undertake for the resolution of cumulative impacts on the highway system. The Applicant's contribution will therefore be calculated at a rate of$1.00 per square foot of net building area increase, to be paid to the Town at the time of issuance of building permit. The net increase is measured at 101,500 square feet for the Modified Project. This contribution is a minimum and does not preclude the possible inclusion of the subject property in any future general assessments made by the Town under general municipal taxing authority. The contribution also does not preclude the possible mitigation measures which NYSDOT may require. It is anticipated that NYS DOT will require signal timing and coordination for the affected intersections. This fee shall not be in lieu of signal coordination and associated upgrades to any controller and/or signals. The contribution can be petitioned for reduction if NYSDOT's required mitigation measures necessitate direct improvements to the Aviation Road/Route 9 intersection by the Applicant. The Applicant's contribution may not be applied to such other improvements which may be required by NYSDOT. b. Possible Future Development The TIS also analyzed the potential traffic impacts arising from the Possible Future Development. The TIS recommended that the westerly driveway be re-striped to provide a right turn exit lane and that signal turning modifications be made to maintain acceptable levels of service at the key studied intersections. The TIS also recommended that the existing traffic signal at the easterly driveway be re-timed. In the event that the actual site plan for the Northwest Lands is smaller than assumed in the TIS, the impacts and required mitigation measures for the Possible Future Development will apply to such a smaller proposal but would be proportionately less. In addition, the Applicant has expressed a willingness to make a financial or other contribution on a rate based on the amount of SF GLA constructed. This fee will be $1.00/sq. ft. of GLA payable upon issuance of a building permit. 9 9. NOISE AND VIBRATION Due to the proximity of the Northway, Aviation Road and U.S. Route 9, existing noise from vehicles will be the predominant source of noise in the area. Other than intermittent, short- term construction noise, the Modified Project and Possible Future Development will not generate any significant types of noise or vibration. As a result, no impacts from noise or vibration will occur for the Expanded Mall or Future Expanded Mall. 10. VISUAL RESOURCES The Modified Project and Possible Future Development will not negatively impact the visual character of the surrounding area, which is currently developed with a large variety of commercial uses along the Aviation Road and Route 9 corridors. a. Modified Proiect The Modified Project includes planting of trees and shrubs in the vicinity of Department Store "E" to add visual diversity and soften views of the Expanded Mall from Aviation Road and the Northway interchange. Photosimulations depicting the views of Department Store "E" were reviewed by the Town Board as well as a planting plan illustrating the types, quantity and location of the trees and shrubs to be provided. Such landscaping will be of a variety of tree and plant materials, which are compatible with local soils and climate conditions. The concentration of the plantings along Aviation Road and the internal ring road effectively places the screening and visual diversity in the areas where the traveling public and those not on the site will view the Expanded Mall. b. Possible Future Development While no site development plan exists for the Northwest Lands, the Town Board evaluated the reasonably foreseeable potential visual impacts associated with the Possible Future Development. Due to topography of the Expanded Site and other development considerations, the Possible Future Development, whether one or two stories, will be consistent with the height of typical structures along this corridor and that of the current height limit for the ESC-25A zone (50'). Such redevelopment will be an improvement over the existing condition on the Northwest Lands. The entrance to the Town from Exit 19 will be revitalized with new commercial/retail activity. The Applicant has made sincere efforts to secure a tenant or tenants to utilize the current buildings until a site development plan is proposed. Such activity will contribute to such revitalization of the area. A redevelopment of the Northwest Lands as contemplated in the Possible Future Development will result in a more unified design and establishment of landscaping to replace the various outdated structures. As a result, the Possible Future Development will be an improvement over the existing condition. Views of the Possible Future Development will be limited due to the change in elevation and curvature of Aviation Road, and the speed of travel of vehicles in this area. Views of the Expanded Mall and Possible Future Development would primarily be from vehicles traveling on Aviation Road. Plantings along Aviation Road and the Northway/Exit 19 ramp would likely be 10 incorporated into such a design and would serve to soften and partially screen views of the Possible Future Development from this area. 11. HYDROLOGY AND SOILS Soils have adequate bearing strength to support the buildings and site improvements identified for the Modified Project and the typical commercial/retail buildings likely to be utilized for the Possible Future Development using standard foundation engineering techniques. No aquifers exist under the Expanded Site and no discharge to groundwater will occur for the Modified Project or Possible Future Development. As a result, no impacts on hydrology will occur for the Expanded Mall or Future Expanded Mall. 12. VEGETATION AND WETLANDS No rare, threatened or endangered plant species will be affected by the Modified Project or Possible Future Development. In 1998, a comprehensive survey of plant species was completed by the L.A. Group, P.C. to catalogue all plant species located on the site. No wild blue lupine, which can be habitat for the Karver Blue Butterfly, was found. In addition, the Expanded Site is currently developed with buildings, pavement and/or landscaped and vegetated areas that would not accommodate wild blue lupine or Karver Blue habitat. As a result, there will no significant adverse impact on vegetation as a result of the Modified Project or Possible Future Development. There are no designated New York State Freshwater Wetlands or federally designated wetlands on the Expanded Site. Therefore, there will no impact on wetland resources for the Expanded Mall or Future Expanded Mall. 13. WILDLIFE No rare, threatened or endangered species exist on the Expanded Site or will be impacted by the Modified Project or Possible Future Development. No impacts to wildlife will occur as a result of the Expanded Mall or Future Expanded Mall. 14. CLIMATE No impacts on climate will occur as a result of the Expanded Mall or Future Expanded Mall. 15. UTILITIES AND DRAINAGE a. Modified Proiect The site improvements to accommodate the Modified Project will generally be made within areas which are currently paved or within areas already improved by the Existing Mall building. Existing stormwater system which includes subsurface collection, detention ponds and eventual release to local stormwater facilities currently servicing these areas. The Town Board and the Town's independent consultant have determined that the existing stormwater system has sufficient excess capacity to accommodate run-off from the Modified Project and existing release 11 rates of stormwater will not therefore change. As a result, the Expanded Mall will not have a significant adverse impact on groundwater quality or quantity. The Planning Board concurs with this finding. b. Possible Future Development The overall program for Possible Future Development will be designed to conform to the approved pre-development release rates. Such redevelopment would also involve areas primarily covered by buildings and paved areas. Due to the excellent drainage of the soils on the Expanded Site and excess capacity of the existing stormwater system, stormwater run-off can be accommodated with moderate improvements to the existing stormwater system. III. ALTERNATIVES The Town Board and Town of Queensbury Planning Board .......have identified and examined reasonable alternatives to the proposed action. Alternatives analyzed include alternate locations, alternative project sizes, alternative project layouts and no action. 1. Alternative locations for the proposed action were analyzed. Due to the nature of an enclosed shopping center, it is necessary to locate such new commercial/retail space at the Existing Mall as an expansion. The Modified Project is intended to act as a catalyst to promote redevelopment of the Northwest Lands. The Applicant does not own or control any land to the south or east of the Existing Site. Accordingly, no alternative locations are currently feasible. 2. A smaller project was analyzed as an alternative to the Original Project. The Modified Project is a smaller alternative to the Original Project. The impacts associated with such a smaller alternative, both positive and negative, will be less than those identified for the Original Project. 3. A larger project was also analyzed. Such a project could require multi-level construction or additional lands. While more municipal revenues would be generated, such a project would generate larger impacts on traffic, require additional lands caping/buffering and greater usage of community services, utilities and generation of solid waste. 4. Alternate project layouts were also analyzed. Multi-level parking facilities and reconfiguration of the buildings and parking areas were considered. Due to the current development on the Expanded Site, the impacts associated with such an alternative would be no different in degree or nature than those for the Original Proj ect. 5. The No Action alternative was analyzed. Without the proposed action, the Existing Mall would remain. This alternative will eliminate the opportunity to provide additional commercial/retail opportunities for Queensbury residents and visitors and eliminate the significant economic benefit to municipal revenues and employment opportunities of the Modified Project and Possible Future Development. 12 IV. MITIGATION MEASURES Approval of the proposed action in accordance with the measures herein described will minimize or avoid identified significant adverse environmental effects. The following practicable mitigative measures, or other measures providing the same or similar mitigative effect, are incorporated as conditions to the Town Board's decision on the proposed action. The Planning Board concurs. 1. Grading will be limited to those areas determined necessary by the Applicant for the Modified Project and any Possible Future Development. 2. During construction of the Modified Project and any Possible Future Development, fugitive dust control measures shall be implemented as necessary to minimize the generation of fugitive dust during construction activities via a water-spraying program or other appropriate means. 3. The Applicant shall require that contractors use and maintain emission control equipment on vehicles working within the site of the Modified Project and any Possible Future Development during construction. 4. A soil erosion and sediment control plan shall be implemented during construction. 5. During construction of the Modified Project and any Possible Future Development, disturbed areas will be revegetated and/or landscaped as soon as practicable. 6. Roadway and interior road improvements, if any, identified in the TIS to be constructed by the Applicant for the Modified Project shall be constructed prior to issuance of the certificate of occupancy. 7. Roadway and interior road improvements, if any, identified in the TIS to be constructed by the Applicant for the Possible Future Development shall be constructed prior to issuance of the certificate of occupancy. 8. The Applicant shall pay an amount equal to $1.00 per SF GLA constructed, such amount representing a contribution to the costs of intersection and related improvements to be constructed in connection with the Modified Project and any Possible Future Development and those planned by the Town for the Route 9/254 intersection. Amounts to be contributed to the Route 9/254 intersection improvements shall be paid upon issuance of the building permit for the Modified Project and any Possible Future Development, respectively. In addition, the applicant shall develop a signal coordination plan and implement said plan in consultation with NYSDOT. This does not preclude the NYSDOT from requiring additional mitigation.. This traffic impact mitigation fee may also be utilized by the Town for traffic improvements at other locations which are reasonably related to the function of the Route 9/254 intersection. 13 9. Landscaping shall be established in accordance with a planting plan as approved by Queensbury Planning Board during site plan review for the Modified Project and any Possible Future Development, respectively. 10. The Applicant shall use commercially reasonable efforts to occupy the former Seven Steers Restaurant. If a tenant has not committed to occupy such space within 60 days of this Findings Statement, the Applicant shall submit an interim landscaping plan to the Town Planning Board for the Northwest Lands along Aviation Road. 11. In the event that the Town determines to construct a road connecting the site to Foster Avenue (located southeasterly of the Expanded Mall), the Applicant shall cooperate with the Town regarding establishment of a mutually acceptable connection of such road to the site and the Applicant shall be financially responsible for the cost of any related site improvements occurring on its property. V. CONCLUSION In conclusion, the Town of Queensbury Planning Board hereby finds that it has given adequate consideration to the Petition, EAF, DEIS, Addendum and the FEIS relevant to the proposed action. The Town of Queensbury Planning Board hereby finds that the requirements of SEQRA have been met and that consistent with the social, economic and other essential considerations from every reasonable alternative thereto, the action to be carried out, funded or approved is one which, on balance, minimizes or avoids adverse environmental impacts to the maximum extent practicable, and is consistent with social, economic and other considerations by incorporating as conditions to the decision those mitigative measures that were identified as practicable. 14