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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