Instead the Council passed a resolution "declaring a negative declaration under SEQR [State Environmental Quality Review] to Local Law No. 5." Attached to the resolution was an already completed Short Environmental Assessment Form on which the response to each of the following eleven questions was "No, or small impact may occur":
- Will the proposed action create a material conflict with an adopted land use plan or zoning regulations?
- Will the proposed action result in a change in the use or intensity of use of land?
- Will the proposed action impair the character or quality of the existing community?
- Will the proposed action have an impact on the environmental characteristics that caused the establishment of a Critical Environmental Area (CEA)?
- Will the proposed action result in an adverse change in the existing level of traffic or affect existing infrastructure for mass transit, biking or walkway?
- Will the proposed action cause an increase in the use of energy and it fails to incorporate reasonably available energy conservation or renewable energy opportunities?
- Will the proposed action impact existing: (a) public/private water supplies? (b) public/private wastewater treatment utilities?
- Will the proposed action impair the character or quality of important historic, archaeological, architectural or aesthetic resources?
- Will the proposed action result in an adverse change to natural resources (e.g., wetlands, waterbodies, groundwater, air quality, flora and fauna)?
- Will the proposed action result in an increase in the potential for erosion, flooding or drainage problems?
- Will the proposed action create a hazard to environmental resources or human health?
With no reference to SmartCode principles or the Sprawl Repair Manual written into the law, it is up to the Planning Board, with no support from the law, to ensure we don't end up with a convenience store and gas station more suitable to Greenport than to Hudson at this corner. It's questionable, however, how much SmartCode principles would actually help the situation. Recently, an advocate for SmartCode sent me this rendering, indicating that is was a "nice image of a convenience store on the street/pumps and parking in back," which some members of the Planning Board have been talking about for Stewart's.
The problem is that the Stewart's location is on a corner, so the pumps and parking will only be "in back" from Green Street or from Fairview Avenue. From the other street, pumps and parking will be completely exposed.
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