Rush Town Board Special Meeting Minutes – 2006/08/30

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August 30, 2006
A Special Meeting of the Rush Town Board was held on August 30, 2006 at the Rush Town Offices, 5977 East Henrietta Road and was called to order at 8:10 p.m.
Present:
Supervisor William Udicious
Councilman Thomas Doupe
Councilwoman Lisa Sluberski
Councilman Donald Knab
Absent:
Councilman Luther Keyes – excused – Work
Supervisor Udicious explained that Attorney Pavia after further investigation found that the Planning Board could not become lead agency for the SERQA requirements of the rezoning request of Rush Associates LLC/Dorschel Automotive Group. The Town Board must fulfill this designation.
RESOLUTION #137
Councilman Knab moved that Town Board Resolution #134 from the August 9, 2006 regular meeting be rescinded as it was not longer applicable. Councilman Doupe seconded the motion.
Roll:
Councilman Knab aye
Councilman Doupe aye
Councilwoman Sluberski aye
Supervisor Udicious aye carried.
RESOLUTION #138
Councilman Knab moved
WHEREAS, on July 21, 2006, the Town Board of the Town of Rush, New York (the “Town Board”) received a revised petition from Passero Associates, on behalf of Richard I. Dorschel and the Dorschel Automotive Group (“Passero”), to rezone 6.38 acres of property located at 7262 West Henrietta Road in the Town of Rush (the “Petition”), a letter of intent regarding the Petition, a conceptual site plan, a map depicting the potential rezoning, and a Full Environmental Assessment Form prepared by Passero in accordance with the New York State Environmental Quality Review Act (“SEQRA”); and
WHEREAS, the 6.38 acres of property located at 7262 West Henrietta Road that Passero seeks to rezone is located within an R-30 zoning district; and WHEREAS, the Town Board requests that the Town of Rush Planning Board (the “Planning Board”) study the Petition and make a formal recommendation to the Town regarding the Petition; and
WHEREAS, the Town Board has reviewed the Petition, the EAF, the conceptual site plan and the other materials prepared and submitted by Passero with respect to the Petition; and
WHEREAS, on August 9, 2006, the Town Board, in order to ensure that a non- segmented environmental review was completed, passed a resolution deferring its lead agency role under SEQRA until the Planning Board had completed its SEQRA review and determinations regarding the Petition and a site plan; and
WHEREAS, subsequent to August 9th, the Town Board has learned that the Planning Board does not retain discretionary authority over the Petition since a site plan application had not been filed by Passero, resulting in the Planning Board unable to act as Lead Agency under SEQRA.
NOW THEREFORE, upon consideration by the Town Board of the Petition and the other materials submitted by Passero, and the Town Board having given the submitted documentation and matter due consideration; it is
RESOLVED, that the Town Board revokes and rescinds its August 9th resolution to the extent that it required the Planning Board to act as Lead Agency under SEQRA and conduct a coordinated environmental review of the Petition and a site plan proposal; and it is further resolved
RESOLVED, the Town Board declares itself Lead Agency for purposes of conducting a coordinated review of the Petition, and making any necessary determinations of environmental significance under SEQRA, unless it receives a formal objection from an Involved Agency regarding the Town Board’s declaration within the applicable timeframe set forth under the SEQRA regulations; and it is further
RESOLVED that the Town Board classifies the Petition as an “Unlisted Action” subject to a coordinated review under 6 N.Y.C.R.R. § 617.6(b)(3); and it is further RESOLVED, the Town still requests that the Planning Board study the Petition and make a formal recommendation to the Town Board regarding the Petition, including an analysis of any potential impacts to the zoning and planning interests of the Town; and it is further
RESOLVED, that notice of this Resolution shall be filed and circulated to the extent required by any applicable provision of the Code of the Town of Rush and/or any other relevant statute or regulation, and that the Supervisor of the Town of Rush is authorized to take any and all necessary steps to inform the involved agencies under SEQRA of the Town Board’s assumption of Lead Agency status. Councilman Doupe seconded the motion.
Roll:
Councilman Knab aye
Councilman Doupe aye
Councilwoman Sluberski aye
Supervisor Udicious aye carried.
Planning Board Appointment
RESOLUTION # 139
Councilman Knab moved that Richard Anderson be appointed to the Rush Planning Board to fill the unexpired term of Jeffrey Werner that will end on December 31, 2008. Councilman Doupe seconded the motion.
Roll:
Councilman Knab aye
Councilman Doupe aye
Councilwoman Sluberski aye
Supervisor Udicious aye carried.
The meeting was declared adjourned at 8:15 p.m.
Respectfully submitted,
Linda G. Henry
Town Clerk
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