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324.2001 RESOLUTION APPROVING SEQRA FINDINGS STATEMENT IN CONNECTION WITH PYRAMID COMPANY OF GLENS FALLS’ PROPOSED AVIATION MALL RENOVATION AND EXPANSION PROJECT RESOLUTION NO. : 324, 2001 INTRODUCED BY : Mr. Theodore Turner WHO MOVED ITS ADOPTION SECONDED BY : Mr. Dennis Brower 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, by Town Board Resolution No.: 293.2001, the Town Board accepted the FEIS and authorized the Notice of Completion of FEIS, and WHEREAS, a Findings Statement has been presented to the Town Board at this meeting and the Town Board has reviewed the Findings Statement and issues relevant to the Modified Project, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby states that it has fully and carefully considered the proposal for the renovation and expansion of Aviation Mall, the proposed action’s impacts on the Town of Queensbury and surrounding area and the comments and recommendations of any involved and interested agencies and the general public, and BE IT FURTHER, RESOLVED, that the Town Board hereby affirms that the requirements of Part 617, New York Code of Rules and Regulations, Title 6 have been met and hereby determines that: 1. It has considered the relevant environmental impacts, facts and conclusions disclosed in the FEIS; 2. It has weighed and balanced relevant environmental impacts with social, economic and other considerations; 3. It has provided a rationale for its decision; and 4. Consistent with social, economic and other essential considerations from among the reasonable alternatives available, the action is one that avoids or minimizes adverse environmental impacts to the maximum extent practicable and adverse environmental impacts will be avoided or minimized to the maximum extent practicable by incorporating 3 as conditions to the decision those mitigative measures that were identified as practicable; and BE IT FURTHER, RESOLVED, that the Queensbury Town Board, as lead agency in assessing potential environmental impacts of the proposed renovation and expansion of Aviation Mall, hereby approves and adopts the Statement of SEQRA Findings presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Executive Director of Community Development to file this Resolution and Findings Statement as may be required by the SEQRA Regulations, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs Town Counsel to review any required notices and make any necessary additions or modifications to comply with the SEQRA Regulations. th Duly adopted this 6 day of August, 2001, by the following vote: AYES : Mr. Brower, Mr. Turner, Mr. Stec, Mr. Brewer NOES : None ABSENT: Mr. Martin 4