420.2022 Culvert Replacement Luzerne and Clendon Brook RESOLUTION OF DETERMINATION THAT CULVERT REPLACEMENT
PROJECT ON LUZERNE ROAD AT CLENDON BROOK IS A
SEQRA TYPE II ACTION
RESOLUTION NO.: 420,2022
INTRODUCED BY: Mr. George Ferone
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Timothy McNulty
WHEREAS, by Resolution No.: 292,2022, the Queensbury Town Board authorized the
CULVERT NY, Town of Queensbury for Culvert NY, Luzerne Road over Clendon Brook, PIN
1762.11 project as the Town seeks to replace the existing 7-foot CMP culvert carrying Clendon
Brook beneath Luzerne Road with a new 8-foot concrete box culvert in the same location, with
other aspects of the project including temporary stream diversion, subsurface utility replacement,
and associated roadway and guardrail improvements in the vicinity of the work area (the
"Project"), and
WHEREAS, 6 NYCRR Section 617.5 (Title 6 of the New York Code of Rules and
Regulations) under the State Environmental Quality Review Act (SEQRA) provides that certain
actions identified in subdivision (c) of that section are not subject to environmental review under
the Environmental Conservation Law, and
WHEREAS, the Queensbury Town Board, as Project sponsor and owner, has reviewed
the Project and criteria contained in 6NYCRR Section 617.5(c) which describes activities
qualifying as Type II actions,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board determines that the CULVERT NY, Town
of Queensbury for Culvert NY, Luzerne Road over Clendon Brook, PIN 1762.11 Project is a
Type II Action as per 6 NYCRR Part 617.5(c)(2) "replacement, rehabilitation or reconstruction
of a structure or facility, in kind, on the same site, including upgrading buildings to meet building,
energy, or fire codes unless such action meets or exceeds any of the thresholds in section 617.4 of
this Part," and that the Project will not cause significant adverse environmental impacts and no
additional review under SEQRA is required, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to
sign any documentation and take any actions to effectuate the terms of this Resolution.
Duly adopted this 2V day of November, 2022,by the following vote:
AYES Mr. Strough, Mr. Freer, Mr. Ferone, Mr. McNulty
NOES None
ABSENT: Mr. Metivier