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The following resolution was offered by Trustee Paul Cooper and
seconded by Trustee Anna Marie Barclay:
Whereas, the Village has received a full Environmental Assessment
Form dated September 25, 2003 and signed by George Filowik Jr.,
Vice President of Budvale Construction Corporation,
Whereas, the Village of Bergen endeavors to rezone newly
annexed land with consideration of a preliminary plat and rezoning
application for development of this land for residential use, including
a Planned Unit Development,
Whereas, the Village DPW and Carl Schoenthal, Village engineer,
have reviewed the proposed plans and petition for rezoning, submitting
comments and recommendations to the Board on various issues,
Whereas, the Planning Board has reviewed the same and duly
submitted comments and recommendations,
Whereas, the Village Board of Trustees found that the action
exceeded one or more Type 1 Thresholds in NYCRR, Part 617 or was
Unlisted Action, and may have an adverse effect associated with
existing air quality, surface or groundwater quality or quantity,
noise levels, existing traffic patterns, solid waste production
or disposal, potential for erosion, drainage or flooding problems,
public health and issued a positive declaration for this project
at its November 12, 2003 meeting,
Whereas, with regard to the Initial SEQR Review, at the
regularly scheduled meeting on November 12, 2003, the Village (a)
designated itself Lead Agency for the environmental review of the
Proposed Action; and (b) found the Proposed Action to be a Type
1 Action under SEQR regulations; (c) found that the Proposed Action
may have a significant effect on the environment; (d) determined
that a Draft Environmental Impact Statement be prepared to assess
the potential impacts of the Proposed Action and to assess alternatives
and mitigation measures; (e) scheduled a public scoping session;
and (c) established a period to submit written comments for consideration
by the Village Board; and (f) authorized the Village Administrator
is to distribute the appropriate notice as required by SEQR. In
making a positive declaration,
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The Village Board of Trustees found
that the action may have an adverse effect associated with aesthetic,
cultural, water, land, open space, recreational resources, or
other natural or cultural resources or community or neighborhood
character, and
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The Village Board of Trustees found that the
action will not have any adverse effect associated with air
resources and quality (or odor levels), vegetation or fauna,
fish, shellfish or wildlife species, significant habitats, or
threatened or endangered species, nor archeological or historic
resources, and
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The Village Board of Trustees found that the action
may have an adverse effect associated with the community's existing
plans or goals as officially adopted, or a change in use or
intensity or use of land or other natural resources, and
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The Village Board of Trustees found that the action
may have an adverse effect associated with long term, short
term, cumulative, or other effects, and
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The Village Board of Trustees found that the action
may have an adverse effect associated with changes in use of
either quantity or type of energy, and
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The Village Board found that the project will
not have an impact on the environmental characteristics that
caused the establishment of a CEA, and
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The Village Board found that there will likely
be controversy related to potential adverse environmental impacts. |
Whereas, the Village received a Draft Environmental Impact
Statement ("DEIS") and signed by George Filowik Jr., Vice
President of Budvale Construction Corporation,
Whereas, the Village sent written correspondence and copies
of the draft Scope that later was submitted by applicant as a DEIS
to all interested agencies on or about October 9, 2003,
Whereas, said correspondence indicated the Village's intention
to hold a special scoping meeting to review the draft documents
on December 4, 2003 and March 13, 2004, requested any objections
to be made known, and further sought comments from each agency and
interested party on the draft documents submitted for review,
Whereas, the Village Board has considered the application
for the Proposed Action, the Full Environmental Assessment Form,
the originally submitted DEIS, oral and written public comments
thereon; oral and written public comments thereon, supporting materials,
reports from the various Village departments, boards or commissions
and involved agencies, and declared that the DEIS was not acceptable
and complete as originally submitted;
Whereas, notice of said declination was sent to the applicant
on April 19, 2004,
Whereas, the DEIS was revised to incorporate comments from
the Reviewing Agencies, Village Planning Board, County Planning
Board and the Village and a further revised DEIS dated November
5, 2004 was prepared.
Whereas, the Village has received a revised Draft Environmental
Impact Statement ("DEIS") dated November 5, 2004 and signed
by George Filowik Jr., Vice President of Budvale Construction Corporation,
Whereas, the Village has sent written correspondence and
copies of revised pages of the DEIS to all interested agencies on
or about November 12, 2004,
Whereas, said correspondence indicated the Village's intention
to hold a special meeting to review the draft EIS, requested any
objections to be made known, and further sought comments from each
agency and interested party on the draft documents submitted for
review,
Whereas, the Village Board has considered the application
for the Proposed Action, the Full Environmental Assessment Form,
the DEIS, oral and written public comments thereon, the DEIS including
the Proposed Action; oral and written public comments thereon, supporting
materials, reports from the various Village departments, boards
or commissions and involved agencies, the draft Findings Statement,
oral and written public comments thereon constitute the Environmental
Review Record ("Environmental Review Record") which, when
considered together, serve as a basis for the SEQR findings.
Whereas, the Village Board accepted the DEIS dated November
5, 2004, as adequate in scope and content for purposes of commencing
public review on November 17; authorized the Officer to distribute
the DEIS to involved and interested parties; authorized the Village
Administrator to distribute appropriate notices and filings as required
by SEQR on November 18.
Resolved, that the Village Board intends to schedule a public
hearing on the DEIS as a Joint Meeting with the Planning Board when
a complete preliminary plat package has been received by the Planning
Board.
And further resolved, that pursuant to §617.9 (a)(5)(ii)
of the State Environmental Quality Review Act, the final EIS preparation
may be extended if necessary to accommodate the comments of the
Village and County Planning Boards in their review of the applications
for rezoning, planned unit development and/or preliminary plat.
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