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189.98 RESOLUTION MAKING SEQRA POSITIVE DECLARATION, ACCEPTING DRAFT ENVIRONMENTAL IMPACT STATEMENT (DEIS) AS COMPLETE, REQUESTING COMMENTS ON THE DEIS, AND SETTING PUBLIC HEARING REGARDING THE PYRAMID COMPANY OF GLENS FALLS’ PROPOSED AVIATION MALL EXPANSION PROJECT RESOLUTION NO. : 189.98 INTRODUCED BY : Mr. Richard M errill WHO MOVED FOR ITS ADOPTION SECONDED BY : Mr. Theodore Turner WHEREAS, The Pyramid Company of Glens Falls (Pyramid) is seeking approval for a substantial expansion of the Aviation Mall in Queensbury by approximately 850,000 square feet (the Project), and WHEREAS, Pyramid is seeking various approvals from the Town of Queensbury for the Project, such approvals including rezoning of certain properties, amendment of certain provisions of the Town of Queensbury Zoning Ordinance, Site Plan Approval from the Town of Queensbury Planning Board and approval for relocation of certain water lines, and WHEREAS, Pyramid agreed to submit a Draft Environmental Impact Statement (DEIS) to the Town to accompany its application for purposes of compliance with the State Environmental Quality Review Act (SEQRA), and th WHEREAS, on April 20, 1998, the Town Board of the Town of Queensbury, by Resolution No. 160, 98, forwarded Pyramid’s application for rezoning and zoning amendments to the Town Planning Staff, indicated its desire 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 desire to be Lead Agency and request their consent or objections within thirty (30) days, and WHEREAS, consent to the Town Board acting as SEQRA Lead Agency have been received from the two (2) SEQRA involved agencies, the New York State Department of Transportation and the Town of Queensbury Planning Board, and WHEREAS, Pyramid has presented the Town with the Draft Environmental Impact Statement and said DEIS has been reviewed by The Sear-Brown Group, the engineering firm retained for purposes of assisting the Town in connection with the SEQRA review, the Planning Staff, Town and the Town Board, and WHEREAS, in accordance with the rules and regulations adopted by the New York State Department of Environmental Conservation pursuant to SEQRA, the Town Board may now decide whether to accept the DEIS as satisfactory with respect to its scope, content and adequacy for the purpose of commencing public review, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby determines that the proposed action may have a significant impact on the environment and that the SEQRA Positive Declaration is hereby authorized and issued, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby determines that the Draft Environmental Impact Statement (DEIS) offered by Pyramid in connection with the proposed expansion of Aviation Mall is satisfactory with respect to its scope, content, and adequacy for purposes of commencing public review, and 2 BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby establishes a public th comment period to commence immediately and to terminate as of June 19, 1998, and BE IT FURTHER, RESOLVED, that due to the magnitude of the proposed expansion project, the Town Board of the Town of Queensbury hereby establishes and sets a date for a joint public hearing on the DEIS, th rezoning and zoning amendments with the Town Planning Board to be held on June 8, 1998, at 7:00 p.m., in the Queensbury Activities Center, which public hearing will be held to satisfy SEQRA requirements, and BE IT FURTHER, RESOLVED, the Executive Director of Community Development is hereby authorized and directed to file and publish the Notices of Positive Declaration, Completion of Draft EIS and SEQRA Hearing in the Environmental Notice Bulletin and as otherwise required by the SEQRA Regulations, 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 SEQRA Positive Declaration, Notice of Completion of Draft EIS and 3 Notice of SEQRA Hearing presented at this meeting are hereby approved and the Executive Director of the Community Development Department is hereby authorized to notify all SEQRA involved agencies of the public hearing, 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. Queensbury Town Clerk’s Office; 2. Queensbury Planning Department; and 3. Crandall Library; and BE IT FURTHER, RESOLVED, that Town Counsel is hereby authorized to approve as to form the required notices and make any necessary additions or modifications to comply with the SEQRA regulations. th Duly adopted this 4 day of May, 1998, by the following vote: AYES : Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Turner, Mr. Champagne NOES : None ABSENT: None 4