290.2008
RESOLUTION ADOPTING SEQRA DETERMINATION OF
NON-SIGNIFICANCE REGARDING ACQUISITION
OF EASEMENTS ALONG MAIN STREET/CORINTH ROAD
FOR THE UNDERGROUNDING OF UTILITY FACILITIES
RESOLUTION NO.: 290, 2008
INTRODUCED BY: Mr. Tim Brewer WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Anthony Metivier
WHEREAS, the Queensbury Town Board (Town) amended its Zoning Ordinance by adopting
Local Law No. 6 of 2004 which created the “Underground Utilities Overlay District” (District), and
WHEREAS, the District includes that portion of County Route 28 located in the Town of
Queensbury, also known as Main Street and Corinth Road, and
WHEREAS, Local Law No. 6 of 2004 requires the placing underground of utility facilities
when either new facilities are proposed or when existing facilities are otherwise required to be
relocated, and
WHEREAS, the Town reaffirmed Local Law No. 6 of 2004 by Resolution 543 of 2004 after
conducting detailed environmental review pursuant to the State Environmental Quality Review Act
(SEQRA) in its capacity as SEQRA Lead Agency, and
WHEREAS, the result of such review was Town adoption of a SEQRA Negative Declaration,
as it was deemed that the Local Law and related actions would not result in any significant adverse
environmental impacts, and
WHEREAS, the County of Warren has undertaken the widening of and partial relocation of
County Route 28 in the Town of Queensbury which requires the relocation of utilities pursuant to
Local Law No. 6 of 2004, and
WHEREAS, prior to pursuing such action, the County of Warren, as Lead Agency, conducted
SEQRA review and, after a thorough review of all relevant studies and materials, adopted a SEQRA
Negative Declaration as its project would cause no significant environment impacts, and
WHEREAS, the Town has previously recognized the clear public benefit of undergrounding
utility facilities including, but not limited to, decreased visual disturbance, improved traffic safety and
improved aesthetic quality of the affected areas, and
WHEREAS, undergrounding of utility facilities requires easements allowing construction,
placement and future maintenance of such facilities, and
WHEREAS, the Town has reviewed all materials previously relied upon by the County of
Warren in consideration of its plan to widen and modify the bounds of County Route 28, the SEQRA
Environmental Assessment Form (EAF) related to that action and the County’s Resolution adopting its
SEQRA Negative Declaration, and
WHEREAS, the Town has reviewed all materials previously relied upon by the Town in
contemplation of creating its Underground Utilities Overlay District including, but not limited to, all
publications and studies relied upon by the Town, the SEQRA EAF and Town Resolution 543 of 2004
adopting a SEQRA Negative Declaration, and
WHEREAS, the Town has previously considered the replacement of a water main along Main
Street and an additional water main within the Queensbury Consolidated Water District and also the
formation of the West Queensbury Sewer District and has previously conducted the mandated SEQRA
review in connection with such project and such extension of the sewer district, and
WHEREAS, the Town is considering the acquisition of easements by Eminent Domain over
lands adjacent to the bounds of County Route 28, as modified by the County of Warren, for the
purpose of undergrounding utilities, including electric, cable, telecommunications, gas, water and
2
sewer; and
WHEREAS, the proposed action is an Unlisted Action in accordance with the rules and
regulations of SEQRA, and
WHEREAS, the Town Board is duly designated to act as SEQRA Lead Agency and, in that
capacity, has reviewed the SEQRA EAF for this action,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board determines that the action will not have a
significant effect on the environment and such determination is reached after careful consideration and
analysis of 1) the proposed action; 2) the EAF for the proposed action; 3) Warren County’s proposed
action which will result in the widening and relocation of the bounds of County Route 28; 4) the
SEQRA EAF adopted by the County for such action; 5) the Negative Declaration adopted by the
County; 6) all studies and materials upon which that determination was based; 7) the SEQRA EAF
adopted by the Town in consideration of creating its Underground Utilities Overlay District; 8) the
Negative Declaration adopted by the Town for that action; 9) the Negative Declarations adopted by
the Town relating to the Water District reconstruction and improvements in the Main Street area and
to the formation of such Sewer District; and 10) all studies and materials upon which that
determination was based, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes and directs the Town Supervisor to
complete the Environmental Assessment Form by checking the box indicating that the proposed action
will not result in any significant adverse impacts, and
BE IT FURTHER,
3
RESOLVED, that the Town Board approves a SEQRA Negative Declaration – Determination
of Non-Significance and authorizes and directs the Town Clerk’s Office to file any necessary
documents in accordance with the provisions of the general regulations of the Department of
Environmental Conservation.
th
Duly adopted this 19 day of May, 2008, by the following vote:
AYES : Mr. Stec, Mr. Metivier, Mr. Montesi, Mr. Strough, Mr. Brewer
NOES : None
ABSENT : None
4