RESOLUTION NO. 249 (05) APPROVAL OF MINUTES

RESOLUTION NO. 250 (05) NEW YORK STATE TOWN CLERKS ASSOC.

REGIONAL MEETING

RESOLUTION NO. 251 (05) LOCAL LAW NO. 8 OF 2005 AMENDING THE

August 25, 2005

WHEREAS, Waterford Custom Homes (Peter Fabio) has petitioned the Macedon Town Board to rezone 41.10 acres of land on Wayneport Road from R-30 to R-22 zoning, tax parcel ID #61111-00-157591,

AND WHEREAS, the Wayne County Planning Board and Town of Macedon Planning Board have both recommended approval of the rezoning request,

AND WHEREAS, a public hearing was held on August 11, 2005 to solicit public input on the proposed rezoning,

AND WHEREAS, the rezoning will not result in an overall increase in overall development density of the parcel,

BE IT RESOLVED, that the Town Board of the Town of Macedon, does hereby find and resolve as follows:

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AUGUST 25, 2005

1. The proposed action is subject to the State Environmental Quality Review Act.
2. The proposed action does not involve a Federal agency.
3. The proposed action does not involve other agencies.
4. Using the information available and comparing it with the thresholds set forth in section 6 NYCRR 617.4, the action is found to have a preliminary classification of Unlisted.
5. The Long Form EAF has been prepared by the Town Engineer to determine the significance of the proposed action, with no adverse impacts noted.
6. The proposed action is not located in a coastal area.
7. The proposed action is not located in an agricultural district.
8. A non-coordinated Review for Unlisted actions involving a single agency has been performed, subject to 617.6 (b).
9. The Macedon Town Board is the lead agent.
10. The Macedon Town Board hereby determines that the proposed action is in conformance with the adopted town-wide Master Plan, and will not result in any significant adverse environmental impacts, a Negative Declaration is declared, and the Town Board hereby directs the Town Clerk to immediately file the determination in accordance with section 6 NYCRR 617.12.
11. In reaching this finding, the Town Board has:

(a) Considered the action as defined in sections 6 NYCRR 617.2 (b) and 617.3 (g),

(b) Reviewed the EAF, the criteria contained in subdivision 6 NYCRR 617.7 (c) and any other supporting information to identify the relevant areas of environmental concern,

(c) Thoroughly analyzed the identified relevant areas of environmental concern to determine if the action may have a significant adverse impact on the environment; and,

(d) Set forth its determination of significance in this resolution, in addition to the corresponding long environmental assessment form.

12. In determining significance, the Town Board has determined whether the proposed Unlisted Action may have a significant adverse impact on the environment, the impacts that may be reasonably expected to result from the proposed action compared against the criteria in 6 NYCRR 617. The criteria considered indicators of significant adverse impacts on the environment were:

(a) A substantial adverse change in existing air quality, ground or surface water quality or quantity, traffic or noise levels; a substantial increase in solid waste production; a substantial increase in potential for erosion, flooding, leaching or drainage problems;

 

 

 

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AUGUST 25, 2005

(b) The removal or destruction of large quantities of vegetation or fauna; substantial interference with the movement of any resident or migratory fish or wildlife species; impacts on a significant wildlife habitat area; substantial adverse impacts on a threatened or endangered species of animal or plant, or the habitat of such a species; or other significant adverse impacts to the natural resources;

(c) The impairment of the environmental characteristics of a critical environmental area as designated pursuant to section 617.14 (g);

(d) The creation of a material conflict with a community’s current plans or goals as officially approved or adopted;

(e) The impairment of the character or quality of important historical, archeological, architectural, or aesthetic resources or of existing community or neighborhood character;

(f) A major change in the use of either the quantity or type of energy;

(g) The creation of a hazard to human health;

(h) A substantial change in the use or intensity of use, of land including agricultural, open space or recreational resources or in its capacity to support existing uses;

(i) The encouraging or attracting of a large number of people to a place or places for more than a few days, compared to the number of people who would come to such place absent the action;

(j) The creation of material demand for other actions that would result in one or the above consequences;

(k) Changes in two or more elements of the environment, no one of which has a significant impact on the environment, but when considered together result in a substantial adverse impact on the environment; or

(l) Two or more related actions undertaken, funded or approved by an agency, none of which has or would have a significant impact on the environment, but when considered cumulatively would meet one or more of the criteria of this subdivision.

13. For the purposes of determining whether an action may cause one of the consequences listed above, the Town Board considered reasonably related long-term, short-term, direct, indirect, and cumulative impacts, including other simultaneous or subsequent actions, which were;

1. Included in any long range plan of which the action under consideration is a part;
2. Likely to be undertaken as a result thereof, or
3. Dependent thereon.

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AUGUST 25, 2005

1. In addition, the Town Board considered the significance of a likely consequence (i.e., whether it is material, substantial, large or important) should be assessed in connection with:

1. Its setting (e.g., urban or rural);
2. Its probability of occurrence;
3. Its duration;
4. Its irreversibility;
5. Its geographic scope;
6. Its magnitude; and
7. The number of people affected.

MOTION BY KENYON, SECONDED BY MAUL

ROLL CALL VOTE: KENYON AYE, MAUL AYE, MC EWEN AYE,

NAWROCKI ABSENT, HAMMOND AYE

MOTION CARRIED

NEGATIVE DECLARATION

Name of Applicant: Town of Macedon

Description of Project: Rezoning of 41.10 acres of land from R-30 to R-22

Lead Agency: Town of Macedon, 32 Main Street, Macedon, NY 14502

Based on a resolution and findings made by the Town Board of the Town of Macedon at a regularly scheduled meeting on August 25, 2005, the Lead Agency has determined that the implementation of the action as proposed will not result in any significant adverse environmental impacts. A Negative Declaration has been declared by the Town Board, and the Town Board hereby directs the Town Clerk to immediately file the determination in accordance with section 6 NYCRR 617.12

Dated: August 25, 2005

By Order of the Town Board:

Judy Gravino, Town Clerk

BE IT RESOLVED the Town Board adopts LL#8 of 2005, contingent upon the project being limited to a maximum full build-out of 47 single-family homes, situated in the general configuration depicted on the site plan prepared by BME Engineers, Inc, dated March 2005.

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AUGUST 25, 2005

LOCAL LAW 8 OF 2005

(R-22 Rezoning for Waterford Custom Homes/Peter Fabio, Wayneport Road)