HomeMy WebLinkAboutH - 01d Yaman - SEQRA Resolution
{H4623591.2} 1
TOWN OF CORTLANDVILLE
TOWN BOARD MEETING – March 3, 2022
Resolution #___
A RESOLUTION DETERMINING THAT THE CONSTRUCTION OF
A PROPOSED WAREHOUSE/MANUFACTURING FACILITY
PROJECT FOR PROPERTY ONWED BY CORTLAND
COMMERCE CENTER, LLC LOCATED AT 839 ROUTE 13, TAX
MAP #’s #95.00-10-01.110 and #95.00-10-11.200 WILL NOT
HAVE A SIGNIFICANT ADVERSE ENVIRONMENTAL IMPACT
______________________________________________________________________
WHEREAS, the Town Board of the Town of Cortlandville (the “Town Board”) is
the duly elected legislative body within the Town of Cortlandville; and
WHEREAS, the Applicant has proposed construction of a multi-phased a
warehouse/manufacturing facility consisting of one 38,000 square foot building, four
30,000 square foot buildings and one 20,000 square foot building, with associated
driveways, parking area, loading docks, utility services, storm water management
facilities and landscaping for property owned by Cortland Commerce Center, LLC
located at 839 Route 13, Tax Map #’s #95.00-10-01.110 and #95.00-10-11.200 (the
“Project”); and
WHEREAS, the Town of Cortlandville duly forwarded the proposed Local Law to
the Cortland County Planning Agency (“County Planning”) in accordance with General
Municipal Law §§ 239-l and m, on or about December 28, 2021; and
WHEREAS, on or about January 19, 2022, County Planning recommended
approval of the Project with eleven conditions including compliance with SEQR
requirements; and
WHEREAS, County Planning’s first ten conditions of approval have been
incorporated into the Project, and the last condition is being met by the Town Board as
indicated in this Resolution; and
WHEREAS, the Town Board hereby characterizes the Project as a "Type I
Action" for purposes of SEQRA; and
WHEREAS, the Town Board intends to fulfill the role of "Lead Agency" for
purposes of the required SEQRA review; and
WHEREAS, no other state or local agency has discretionary approval authority
with respect to the enactment of a local law within the Town of Cortlandville, and
{H4623591.2} 2
therefore, there are no other SEQRA “involved agencies”, and no coordination of the
SEQRA review is required; and
WHEREAS, the Town Board has reviewed and adopted Parts 1 and 2 of a Full
Environmental Assessment Form (the "Full EAF") with respect to the Project, in order to
make its determination of significance as required by the SEQR regulations; and
WHEREAS, copies of Parts 1 and 2 of the Full EAF and copies of each will be on
file at the office of the Town; and
WHEREAS, SEQRA requires the lead agency to “determine the significance” of
an action, a determination that a proposed action either “may include the potential for at
least one significant adverse environmental impact”, or that “there will be no adverse
environmental impacts or that the identified adverse environmental impacts will not be
significant”, as per § 617.7(a) of the New York State Department of Environmental
Conservation’s SEQRA regulations (the “SEQRA Regulations”), 6 NYCRR § 617.7(a);
and
WHEREAS, criteria for determining the significance of the environmental impacts
associated with an action including adoption of this Local Law are identified in §
617.7(c) of the SEQRA Regulations, which provides examples of actions that may have
a significant adverse impact on the environment; and
WHEREAS, the examples noted in the SEQRA regulations relate primarily to
physical impacts, changes and/or impairments, such as changes in existing air, surface
or groundwater quality, increases in traffic or noise levels, or impacts on vegetation or
fauna, or, alternatively, conflicts with community goals or plans or other activities that
might induce growth or impacts;
NOW, THEREFORE, BE IT RESOLVED BY THE MEMBERS OF THE TOWN
OF CORTLANDVILLE TOWN BOARD, AS FOLLOWS:
After considering the following: the Project contemplated; the criteria for
determining significance in the SEQRA Regulations; Parts 1 and 2 of the Full EAF; the
Town Board makes the following findings and determinations with respect to the
Project:
Section 1.
1. The Project is a Type I action for purposes of SEQRA.
2. As the sole “involved agency” with respect to this legislative enactment, the
Town Board is Lead Agency for purposes of this review.
3. As there are no other “involved agencies” with respect to this legislation, no
coordinated review is conducted.
{H4623591.2} 3
4. The Town Board adopts the information contained in Parts 1 and 2 of the Full
EAF for the Project.
Section 2. The Town Board hereby finds that the Project will not have any significant
adverse environmental impacts for the following reasons:
1. No questions in Part 2 of the Full EAF revealed any potentially moderate to
large environmental impact associated with the Action.
2. Because the Project will not result in any significant adverse environmental
impacts and, thus, will not require the preparation of an environmental impact
statement.
3. As a consequence of the foregoing, the Town Board hereby issues a negative
declaration with respect to the Project and hereby adopts the form of the
Notice of Determination of Non-Significance attached hereto and incorporated
herein.
Section 3. The Town Clerk is requested to file the attached Notice of Determination of
Non-Significance, along with this Resolution and Exhibits with the Town Supervisor, the
Town Board and the Town Planning Board in files that are readily accessible to the
public. Additionally, the Town Attorney should ensure that the prescribed ENB SEQRA
Notice Publication Form for this Type I Negative Declaration is completed and submitted
to the Environmental Notice Bulletin by e-mail at: enb@dec.ny.gov.
Section 4. This Resolution shall take effect immediately.
Motion by Councilman _________ to adopt the Resolution;
Motion Seconded by Councilman __________
VOTES: Supervisor Williams ___ Aye ___ Nay
Councilman Cobb ___ Aye ___ Nay
Councilman Guido ___ Aye ___ Nay
Councilman Testa ___ Aye ___ Nay
Councilman Leach ___ Aye ___ Nay