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214.95 RESOLUTION ADOPTING DETERMINATION OF NON-SIGNIFICANCE OF REZONING RESOLUTION NO.: 214, 95 INTRODUCED BY: Mr. Nick Caimano WHO MOVED ITS ADOPTION SECONDED BY: Mr. Theodore Turner WHEREAS, the Town Board of the Town of Queensbury previously adopted certain legislation which authorized the Hudson Pointe Planned Unit Development, and WHEREAS, the legislation authorizing the Hudson Pointe Planned Unit Development provided for a Boulevard entrance to Hudson Pointe through the Southern Exposure Subdivision, and WHEREAS, said Boulevard will require the reconfiguration of certain dedicated roads within the Southern Exposure Subdivision and the formal abandonment of certain portions of said dedicated roads so as to allow said reconfiguration and construction of the new Boulevard entrance, and WHEREAS, water pipes will also have to be relocated, and WHEREAS, all work to realign the aforementioned roads in Southern Exposure and also build the Boulevard entrance is to be done at no cost to the Town of Queensbury, and WHEREAS, the developer shall bear all expense for the relocation and realigning of roads, as well as the securing of marketable title to all property necessary for the realignment of various roads, as well as all of those costs pertaining to the relocation of water pipes, including the placing of new water pipe and obtaining of requisite easements or other property rights for the same, and Whereas, a portion of McDonald Drive and Kimberly Lane will be abandoned as a result of the agreement and action authorized by this resolution and in consideration of the terms and provisions of the agreement and of the fact that such portions of roads will no longer be of any use to the Town of Queensbury, the real property upon which the same are located will be deeded to Robert and Margaret McDonald for no additional consideration and WHEREAS, a proposed agreement has been presented at this meeting concerning the matters previously described herein, WHEREAS, the Town Board of the Town of Queensbury is duly qualified to act as lead agency with respect to compliance with SEQRA which requires environmental review of certain actions undertaken by local governments, and WHEREAS, the proposed action is a/an unlisted action pursuant to the Rules and Regulations of the State Environmental Quality Review Act, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury, after considering the action proposed herein, reviewing the Environmental Assessment Form, reviewing the criteria contained in Section 617.11, and thoroughly analyzing the project with respect to potential environmental concerns, determines that the action will not have a significant effect on the environment, and BE IT FURTHER RESOLVED, that the Town Board of the Town of Queensbury hereby finds that the proposed responses inserted in Part 11 of the said Environmental Assessment Form are satisfactory and approved, and BE IT FURTHER RESOLVED, that the Town Supervisor is hereby authorized and directed to complete and execute Part 111 of the said Environmental Assessment Form and to check the box thereon indicating that the proposed action will not result in any significant adverse impacts, and BE IT FURTHER RESOLVED, that the annexed Negative Declaration is hereby approved and the Town Attorney's Office is hereby authorized and directed to file the same in accordance with the provisions of the general regulations of the Department of Environmental Conservation. Duly adopted this 3rd, day of April 1995, by the following vote: AYES: Mr. Turner, Mr. Caimano, Mrs. Monahan, Mr. Champagne NOES: None ABSENT:Mrs. Pulver