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212.2001 RESOLUTION ACCEPTING ADDENDUM TO DRAFT ENVIRONMENTAL IMPACT STATEMENT (DEIS) AS COMPLETE AND ESTABLISHING THIRTY (30) DAY PUBLIC COMMENT PERIOD REGARDING THE PYRAMID COMPANY OF GLENS FALLS’ PROPOSED AVIATION MALL RENOVATION AND EXPANSION PROJECT RESOLUTION NO. : 212. 2001 INTRODUCED BY : Mr. Tim Brewer WHO MOVED ITS ADOPTION SECONDED BY : Mr. Daniel Stec WHEREAS, in April of 1998, the Pyramid Company of Glens Falls (Pyramid) submitted a Petition for Change of Zone application to Amend the Town of Queensbury Zoning Map and Ordinance, a Full Environmental Assessment Form in accordance with Article 8 of the Environmental Conservation Law and its implementing regulations (6 NYCRR Part 617) known collectively as the New York State Environmental Quality Review Act (SEQRA), and an application for site plan approval including site plans (collectively, the “Petition”) to the Queensbury Town Board, and th WHEREAS, on April 20, 1998, the Town Board by Resolution No.: 160.98, forwarded Pyramid’s application for rezoning and zoning amendments to the Town Planning Staff, indicated its wish to be designated as SEQRA Lead Agency for environmental review of the proposed expansion project, authorized the Town Clerk to submit Pyramid’s application to the Town Planning Board for report and recommendation, and authorized and directed the Executive Director to notify all SEQRA involved agencies of the Town Board’s wish to be Lead Agency and request their consent or objections within thirty (30) days, and WHEREAS, the Town Board acting as SEQRA Lead Agency received consent from the two (2) SEQRA involved agencies, the New York State Department of Transportation (NYSDOT) and the Town of Queensbury Planning Board (Planning Board), and th WHEREAS, on April 24, 1998, Pyramid submitted a Draft Environmental Impact Statement (DEIS) for review by the Town Board, The Sear-Brown Group, the engineering firm retained for purposes of assisting the Town in connection with the SEQRA review (Sear-Brown), NYSDOT, Town Planning Staff and Planning Board, and th WHEREAS, on May 4, 1998, by Resolution No.: 189.98, the Town Board made a SEQRA Positive Declaration, accepted the DEIS as complete with respect to its scope, content and adequacy for the purpose of commencing public review and commenced the public comment period, and th WHEREAS, on June 8, 1998, the Town Board conducted a public hearing on the Project and th DEIS at a joint session with the Planning Board and on June 19, 1998, the public comment period concluded, and th WHEREAS, on May 7, 2001, Pyramid presented a modified proposal to reduce the size of the prior proposal to authorize construction and operation of a 125,000 SF GLA department store, which results in a net expansion of the existing Aviation Mall by ±100,000 SF GLA, associated parking and other site improvements (Modified Project) and requested the Town Board to resume its consideration of the Petition and Modified Project as submitted, and WHEREAS, Pyramid submitted a proposed Addendum to the DEIS (Addendum) to the Town Board for review and consideration, and WHEREAS, in accordance with the implementing regulations of SEQRA (6 NYCRR Part 617), the Town Board may now decide whether to accept the Addendum as satisfactory with respect to scope, content and adequacy for the purpose of commencing public review, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby determines that the Addendum to the 2 Draft Environmental Impact Statement (DEIS) submitted by Pyramid Company of Glens Falls (Pyramid) in connection with the proposed renovation and expansion of Aviation Mall 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 hereby establishes a public comment period to commence th immediately and to terminate on June 18, 2001, and BE IT FURTHER, RESOLVED, that in accordance with 6 NYCRR Part 617 and other applicable statutes and regulations, the Town Board hereby authorizes and directs the Executive Director of Community Development to file, circulate and make available for public review, copies of the Addendum as follows: 1. Queensbury Town Clerk’s Office; 2.Queensbury Planning Department; 3.New York State Department of Environmental Conservation, Division of Regulatory Affairs, 50 Wolf Road, Albany, New York 12233-1750; 4.New York State Department of Transportation, 84 Holland Avenue, Albany, New York 12208; and 5.Any person requesting a copy of this Addendum; and 3 BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Executive Director of Community Development to file and publish the Notice of Completion of Addendum to the DEIS presented at this meeting in accordance with 6 NYCRR Part 617 and other applicable statutes and regulations. th Duly adopted this 14 day of May, 2001, by the following vote: AYES : Mr. Brewer, Mr. Stec, Mr. Turner, Mr. Brower NOES : None ABSENT: None ABSTAIN: Mr. Martin 4