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293.2001 RESOLUTION ACCEPTING FINAL ENVIRONMENTAL IMPACT STATEMENT (FEIS) AND AUTHORIZING NOTICE OF COMPLETION OF FEIS REGARDING PYRAMID COMPANY OF GLENS FALLS’ PROPOSED AVIATION MALL RENOVATION AND EXPANSION PROJECT RESOLUTION NO. : 293. 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 th WHEREAS, by Resolution No.: 212.2001, the Town Board on May 14, 2001, accepted the Addendum as complete with respect to its scope, content and adequacy for the purpose of commencing public review and commenced a public comment period, and WHEREAS, on May 21, 2001 the Town Board duly conducted a public hearing on the th Modified Project, the DEIS and Addendum and on June 18, 2001 the public comment period concluded, and 2 WHEREAS, the Town Board has considered those comments made at the public hearing and during the public comment period, and WHEREAS, the Town Board, with assistance from its consultants the Sear-Brown Group, Inc., has reviewed and considered the Applicant’s proposed Final Environmental Impact Statement (FEIS) and may now decide to accept the FEIS as complete, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby accepts the Final Environmental Impact Statement (FEIS) submitted by Pyramid Company of Glens Falls (Pyramid) in connection with the proposed renovation and expansion of Aviation Mall, and BE IT FURTHER, RESOLVED, that the Town Board hereby approves and adopts the Notice of Completion of FEIS presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Executive Director of Community Development to file and publish the Notice of Completion of FEIS presented at this meeting in accordance with 6 NYCRR Part 617 and other applicable statutes and regulations, and BE IT FURTHER, RESOLVED, that in accordance with 6 NYCRR Part 617 and other applicable statutes and regulations, the Town Board further authorizes and directs the Executive Director of Community Development to file, circulate and make available for public review, copies of the FEIS as follows: 3 1. Queensbury Town Clerk’s Office; 2.Queensbury Planning Department; 3.New York State Department of Environmental Conservation, Division of Environmental Permits, 625 Broadway, Albany, New York 12233; 4.New York State Department of Transportation, 84 Holland Avenue, Albany, New York 12208; and 5.Any person requesting a copy of the FEIS. th Duly adopted this 16 day of July, 2001, by the following vote: AYES : Mr. Turner, Mr. Stec, Mr. Brewer, Mr. Brower NOES : None ABSENT: None ABSTAIN: Mr. Martin 4