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149.99 RESOLUTION ACCEPTING CRACKER BARREL OLD COUNTRY STORES, INC.’S FINAL ENVIRONMENTAL IMPACT STATEMENT (FEIS) AND AUTHORIZING NOTICE OF COMPLETION OF FEIS RESOLUTION NO. : 149. 99 INTRODUCED BY : Mr. Pliney Tucker WHO MOVED ITS ADOPTION SECONDED BY : Mr. Richard Merrill WHEREAS, Cracker Barrel Old Country Stores, Inc. (Cracker Barrel) is seeking approval for a change of zone from the Town of Queensbury Town Board, site plan approval from the Town of Queensbury Planning Board and other approvals from state and local agencies to enable it to construct a new 9,462 square foot restaurant facility on approximately 2.5 acres of a 4.44 acre site located at the corner of Aviation Road and Greenway North, across from the Aviation Mall in Queensbury (the Project), and th WHEREAS, on or about October 20, 1997, the Town Board of the Town of Queensbury adopted a Resolution authorizing the submission of the rezoning request to the Town Planning Board for a report and recommendation, indicating its desire to be designated as SEQRA Lead Agency for environmental review of the proposed project, and authorizing and directing the Executive Director to notify all SEQRA Involved Agencies of the Town Board’s desire to be Lead Agency, and WHEREAS, none of the SEQRA Involved Agencies objected to designation of the Town Board as SEQRA Lead Agency and the Town Board issued a SEQRA Positive Declaration requiring Cracker Barrel to prepare an Environmental Impact Statement for the Project, and WHEREAS, Cracker Barrel presented the Town with a Draft Environmental Impact Statement and the DEIS was reviewed by the Town Planning Staff and 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, by Resolution No.: 410.98, accepted the DEIS as satisfactory with respect to its scope, content and adequacy for the purpose of commencing public review, and WHEREAS, Resolution No. 410.98 also established a public comment period and public hearing date concerning the DEIS to satisfy SEQRA requirements, and a public hearing was held on rd November 23, 1998 and all interested persons were heard, and WHEREAS, Cracker Barrel then presented the Town with a Final Environmental Impact Statement and the FEISwas reviewed by the Town Planning Staff and Town Board, and WHEREAS, the Town Planning Staff and Town Board identified additional information that was needed in order for the FEIS to adequately address issues raised at the public hearing and remaining issues of concern, and WHEREAS, additional correspondence was generated and submitted by Cracker Barrel to be part of the FEIS, such correspondence set forth in the April 27, 1999 letter from Lemery MacKrell, LLC to Christopher Round, and WHEREAS, the FEIS includes discussion of the substantive comments received on the DEIS and responses to those comments, NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Queensbury hereby accepts the Final Environmental Impact Statement (FEIS) submitted by Cracker Barrel Old Country Stores, Inc. presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board of the Town of Queensbury hereby approves and adopts 2 the Notice of Completion of Final EIS 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 the Notice of Completion of Final EIS as required by the SEQRA Regulations, 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. rd , Duly adopted this 3 day of May 1999, by the following vote: AYES: Mr. Turner, Mr. Irish, Mr. Tucker, Mr. Merrill, Mr. Champagne NOES: None ABSENT:None 3