Summer Concert Series in the Park 2004 Nancy Bailey reported the following:
Goal - to enrich, entertain, and increase cultural awareness in our community.

Participating groups- Byron-Bergen Public Library, Business and Civic Association, Bergen Fire Ladies Auxiliary and Triangle Club.

Possible days to use park - Wednesday evenings at 7:00 pm from July 21 - August 31.

Music groups would target families and seniors. No heavy metal groups.

Each group would be responsible for parking, band set-up, close up of the park, and payment of selected band. Each group would be permitted an informational table, fundraiser, or food stand and would be fully responsible for it.

The sponsoring group, Girl Scouts or Boy Scouts may have a refreshment stand.

All food permits would be the responsibility of the selling party.

Village of Bergen would provide the use of the pavilion and electricity (as well as the use of the bathroom) at no cost. The DPW Supervisor requested that the concert sponsor be responsible to padlock the electric outlets, parking gate and bathroom at the close of the evening. The Administrator will issue a single permit for the entire concert series. The Board unanimously approved the proposal.

DEIS
Carl Schoenthal explained that DOT and the Town of Bergen would need to review traffic and intersection changes.

Marcia Havens addressed the Board. She believed that the Town did not have an interest in that intersection. She also objected to the Village's request to consider a different street layout after receiving design concept approval from the Village. She believed it would be unfair to make such design changes at this juncture. Frank Churchill explained that the curvilinear road proposal would direct traffic past the townhouses, something the Village initially requested to be avoided. He suggested curbing or other traffic calming may be employed to address traffic safety concerns related to vehicular speed. The DPW Supervisor spoke about the electric poles and the feasibility of Niagara Mohawk moving existing electric distribution poles. Frank Churchill explained sidewalks were included in some places, however, to include them throughout the subdivision would be $100,000 additional cost to the developer.

Village Board Review of DEIS Completeness

Background
Documentation in support of an EAF and preliminary plat application concerning this project was submitted for review September 24, 2003. A Final Scope (the Scope) was subsequently developed to guide preparation of the DEIS required under SEQR. The Scope anticipated incorporation of the information originally submitted in September of 2003 and went on to describe additional information to be provided in the DEIS. The Scope required that the DEIS provide sufficient detail to reasonably assess proposed mitigation measures and alternatives. Seven areas of potentially significant environmental impacts were identified:

I. Surface or groundwater quality or quantity
II. Noise levels
III. The community's sources of fuel or energy supply
IV. Aesthetic resources
V. Agricultural land resources
VI. Existing traffic patterns
VII. Community Growth

The DEIS was dated February 10, 2004 and submitted to the Board of Trustees on March 24, 2004. The Village has reviewed the Draft Environmental Impact Statement (DEIS) submitted concerning the development of the Mayne Estates prepared by Avery Engineering on behalf of Budvale Construction Corporation. A motion was offered by trustee Robert Bausch and seconded by Trustee Virginia Adams to reject the DEIS as submitted, finding the DEIS incomplete and unacceptable on several issues, including surface water control and traffic control. The letter of Carl Schoenthal dated April 2, 2004, shall be deemed a formal list of deficiencies with the following modifications and additional comments. Issues are enumerated in order of the relevant potential impact.

Surface/Groundwater

The DEIS was found incomplete. The Village believed that the DEIS must include detailed plans and calculations/flows for surface and ground water control. The Applicant should articulate the drainage (surface water) alternatives that were considered. It should also discuss why those alternatives were rejected in favor of the proposed plan, explaining why the proposed plan was the most viable and beneficial option.

The Applicant will submit revised drawings and flow calculations to conform with the issues raised in the letter from the Village Engineer, Carl Schoenthal, MRB, and the matters addressed by the Board of Trustees during the meeting on Wednesday, April 14, 2004.

Community Resources - Fuel/Energy Supply

The Applicant agrees to incorporate the data provided by the Village's electric engineer concerning the impact on residential electric rates.

Aesthetic

The Village finds the DEIS acceptable with respect to this issue.

Agricultural Resources

With the understanding that the Applicant will append the pertinent agricultural and land use maps to the revised DEIS, the Village finds the DEIS acceptable with respect to this issue.

The DEIS was found incomplete. The Village believed that the DEIS must articulate the traffic flow and calming alternatives that were considered. It should also discuss why those alternatives were rejected in favor of the proposed plan, explaining why the proposed plan was the most viable and beneficial option.

The Applicant will submit revised drawings to conform with the issues raised in the letter from the Village Engineer, Carl Schoenthal, MRB, and the matters addressed by the Board of Trustees during the meeting on Wednesday, April 14, 2004.

Community Growth

The Village finds the DEIS acceptable with respect to this issue.

Form of Document

The Village found that DEIS was incomplete without express reference to unbound maps referred to within the body of the text. All such unbound maps should be referenced by title block and date.

The Village Board unanimously rejected the DEIS and directed the engineer, attorney and administrator to prepare a formal response to the applicant. A motion was made by Trustee Robert Bausch and seconded by Trustee Virginia Adams.

A/P