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478.93 RESOLUTION ACCEPTING DRAFT ENVIRONMENTAL IMPACT STATEMENT (DEIS) AS COMPLETE, REQUESTING COMMENTS ON THE DEIS, AND SETTING PUBLIC HEARING REGARDING THE HUDSON POINTE PLANNED UNIT DEVELOPMENT RESOLUTION NO.: 478, 93 INTRODUCED BY: Mr. Michel Brandt WHO MOVED ITS ADOPTION SECONDED BY: Mr. Nick Caimano WHEREAS, an application has been submitted and there is currently under review by the Town Board of the Town of Queensbury, a proposed Planned Unit Development known as the Hudson Pointe Planned Unit Development, and WHEREAS, on or about the 31st day of August, 1992, the Town Board of the Town of Queensbury adopted a resolution indicating its desire to be a lead agent for SEQRA review purposes and authorizing notification of all other involved agencies, and WHEREAS, the Town Board of the Town of Queensbury, after due deliberation by resolution no. 149, 1993, determined that a Positive Declaration should be issued under the New York State Environmental Quality Review Act with respect to the proposed Hudson Pointe Planned Unit Development, and WHEREAS, on or about March 22, 1993, the Town Board of the Town of Queensbury approved the content and attachments to a Positive Declaration and authorized the filing and publication of the same as required by the SEQRA rules and regulations, and WHEREAS, on or about the 1st day of June, 1993, the Town Board of the Town of Queensbury, as lead agent for the Hudson Pointe Planned Unit Development SEQRA review, and after considering all of the information received and after considering all comments 1 received from involved agencies, the applicant, the planning staff, Morse Engineering, P.C., and other interested parties, including members of the public, adopted and approved a scoping document and requested that the applicant use the same as a basis for the Draft Environmental Impact Statement (DEIS), and WHEREAS, the Michaels Group, as applicant on behalf of the Hudson Pointe Planned Unit Development, has presented to the Town Board, a Draft Environmental Impact Statement (DEIS) and said DEIS has been reviewed by Morse Engineering, P.C., the engineering firm retained for purposes of assisting the Town Board in connection with the SEQRA review, the planning office, the Town Attorney, and the Town Board, and WHEREAS, pursuant to §617.8 of Rules and Regulations adopted by the New York State Department of Environmental Conservation under and pursuant to the State Environmental Quality Review Act, the Town Board of the Town of Queensbury may now decide whether to accept as satisfactory with respect to its scope, content, and adequacy for the purpose of commencing public review of the DEIS, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby determines that the Draft Environmental Impact Statement (DEIS) offered by the applicant in connection with the Hudson Pointe Planned Unit Development project 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 of the Town of Queensbury hereby establishes a public comment period to commence immediately and to 2 terminate as of September 30, 1993 at 5:00 P.M., and BE IT FURTHER, RESOLVED, that in consideration of the degree of interest in the action shown by the public, the environmental issues that have been raised, and the mitigation measures proposed, the Town Board of the Town of Queensbury hereby establishes and sets a date for a public hearing to be held on September 13th, 1993, at 5:00 p.m., in the Queensbury Activities Center, which public hearing will be held to satisfy SEQRA requirements, as well as also provide an additional public hearing in satisfaction of the legislative hearings required in connection with a Planned Unit Development under the Town Zoning Ordinance, and BE IT FURTHER, RESOLVED, that a filing of a notice in accordance with §617.10e of the Environmental Conservation General Regulations is hereby authorized, and BE IT FURTHER, RESOLVED, that the public hearing authorized herein shall be preceded by notice which must be published at least 14 days in advance of the public hearing, in a newspaper of general circulation in the area of the Town of Queensbury, and BE IT FURTHER, RESOLVED, that the Draft Environmental Impact Statement and Notice of Completion of Draft EIS and Notice of SEQRA Hearing presented at this meeting is hereby approved and the Executive Director of the Community Development Department is hereby 3 authorized to attach to the said notices a copy of the scoping document and the resolution of the Town Board determining to issue a Positive Declaration and forward such documents to such agencies as may be provided for under the SEQRA rules and regulations, and BE IT FURTHER, RESOLVED, that copies of the Notice of Completion and SEQRA hearing, together with the Draft Environmental Impact Statement shall be furnished and placed at the following places throughout the Town of Queensbury: 1. Crandall Library-one copy 2. Queensbury Town Clerk's Office-two copies 3. Supervisor's Office-one copy and BE IT FURTHER, RESOLVED, that the Town Attorney is hereby authorized to approve as to form the notices required hereunder and make such additions or modifications as may be necessary for the same to provide all information required by SEQRA regulations. Duly adopted this 23rd day of August, 1993, by the following vote: AYES : Mr. Tucker, Mrs. Goetz, Mr. Caimano, Mr. Brandt NOES : None ABSENT: Mrs. Monahan 4