Item Coversheet






Councilperson Russell offered the following resolution and moved its adoption, which resolution was declared adopted after a poll of the members of this Board:

RESOLUTION NO. 19 - 2018

A PUBLIC HEARING TO CONSIDER AN AMENDMENT TO THE NEW CASSEL URBAN RENEWAL PLAN.

        WHEREAS, pursuant to a resolution duly adopted by the Town Board (the “Board”) adopted an urban renewal plan (the “Plan”) for the New Cassel Urban Renewal Area (the “Area”); and

 

        WHEREAS, periodically, the Board has approved resolutions amending the Plan to add additional properties to the list of properties to be acquired pursuant to the Plan; and

 

        WHEREAS, the Town of North Hempstead Community Development Agency (the “CDA”), pursuant to a resolution approved by the CDA Board, recommends that the Board amend the Plan to add to the list of properties to be acquired for redevelopment pursuant to Section IV(A) of the Plan the following properties: a property located on 32 Third Avenue, Westbury, New York, and identified on the Nassau County Land and Tax Map as Section 11, Block 110, Lot 138; a property located on 182 Catherine Street, Westbury, New York, and identified on the Nassau County Land and Tax Map as Section 11, Block 127 and Lots 114, 115 and 116; and a property located on 212 Sheridan Street, Westbury, New York, and identified on the Nassau County Land and Tax Map as Section 11, Block 45 and Lot 76 (the “Additional Properties”) (collectively the “Amendment”); and

 

        WHEREAS, pursuant to a resolution duly adopted at its meeting held on December 19, 2017, the Town Board set a date of January 30, 2018 for a public hearing for the purposes of considering the adoption of the Amendment; and

 

        WHEREAS, to give notice of the public hearing, the Town Clerk published notice of the hearing in the January 17, 2018 edition of Westbury Times and posted notice of the hearing at the United States Postal Service offices in Westbury, at posts in front of 212 Sheridan Street, 182 Catherine Street, 32 Third Avenue and at the corners of Sheridan Street and Railroad Avenue, Catherine Street and Division Avenue and Third Avenue and Sixth Street in Westbury and on the official Town Clerk Bulletin Board in Manhasset, New York; and

 

        WHEREAS, the Board has determined that adoption of the Amendment, thereby adding the Additional Properties to the list of those properties to be acquired for redevelopment pursuant to Section IV (A) of the Plan, would permit the CDA to purchase or use its power of eminent domain to acquire the Additional Properties and redevelop them for public purposes, namely residential housing; and

 

        WHEREAS, the Board has further determined that permitting the Agency to purchase or use its power of eminent domain to redevelop the Additional Properties would create new housing opportunities in the Area, thereby achieving an objective of the Plan; and

 

        WHEREAS, having conducted the public hearing, considered the testimony at the hearing, and afforded all interested persons the opportunity to be heard, the Board has concluded that it should (A) certify,  pursuant to Section 505(2) of the New York State General Municipal Law (the “GML”),  that the Plan, as modified pursuant to the Amendment (the “Amended Plan”), complies with the provisions of GML Section 502(7), and conforms to the finding made by the Board pursuant to GML Section 504 that the Area is appropriate for urban renewal as defined in GML Section 502(3), and (B) approve and adopt the Amendment, and the Amended Plan, pursuant to GML Section 505(3), and (C) make findings pursuant to GML Section 505(4) with respect to the Amended Plan; and

 

        WHEREAS, it is required that a “lead agency” be established to review this Action pursuant to the rules and regulations for implementation of the New York State Environmental Quality Review Act as set forth in Section 617.6 of Title 6, Part 617 of the Official Compilation of Codes, Rules, and Regulations of the State of New York (the “SEQRA Regulations”); and

 

        WHEREAS, this Board, through action of the Town Department of Planning and Environmental Protection (the “Planning Department”) pursuant to Town Code §20-4, has established itself as lead agency and wishes to render a determination of significance pursuant to the SEQRA Regulations; and

 

        WHEREAS, the Board has reviewed the determination of the Commissioner of the Planning Department (the “Planning Commissioner”) dated January 29, 2018 indicating that the Action constitutes an “unlisted” pursuant to Section 617.5 (ak) of the SEQRA Regulations which will not result in any significant adverse impacts on the environment based upon the analysis set forth in the Short Environmental Assessment Form (the “SEAF”) (the “Commissioner’s Determinations”) for the reasons that:

                       

            (A) the Action will result in minimal physical changes to the Additional Properties and is simply a change in ownership; and

 

            (B) Due to the foregoing, the Action is not anticipated to cause

 

                (1)        a substantial adverse change in existing air quality, ground or surface water quality or quantity, or

 

                (2)        a substantial increase in solid waste production, noise, potential for erosion, flooding, leaching or drainage problems; and

 

            (C)       the Action will not

 

                (1)        cause significant impacts to vegetation or wildlife, or a major change in the use of either quantity or type of energy, or

 

                (2)        create a hazard to human health; and

 

        WHEREAS, the Board wishes to conclude that the Action constitutes an “unlisted action” pursuant to Section 617.2 (ak) of the SEQRA Regulations which will not result in any significant adverse impacts on the environment.

 

        NOW, THEREFORE, BE IT

 

        RESOLVED that the Board hereby certifies, pursuant to Section 505(2) of the General Municipal Law (the “GML”), that the Amended Plan complies with the provisions of GML Section 502(7), and conforms to the finding made by the Board pursuant to Section 504 of the General Municipal Law that the Area is appropriate for urban renewal pursuant to GML Section 502(3); and be it further

 

        RESOLVED that pursuant to GML Section 505(3), the Board hereby approves and adopts the Amendment and the Amended Plan; and be it further

 

        RESOLVED that pursuant to GML Section 505(4), the Board hereby (i) affirms its prior finding that the Area is a substandard or insanitary area, or is in danger of becoming a substandard or insanitary area and tends to impair or arrest the sound growth and development of the Town, (ii) finds that (A) the financial aid to be provided to the Town is necessary to enable projects to be undertaken in accordance with the Amended Plan, (B) the Amended Plan affords maximum opportunity to private enterprise, consistent with the sound needs of the Town as a whole, for the undertaking of an urban renewal program, (C) the Amended Plan conforms to the Town’s 1989 Master Plan, (iii) affirms its earlier findings that (A) there is a feasible method for the relocation of families and individuals displaced from the Area into decent, safe and sanitary dwellings, which are or will be provided in the Area or in other areas not generally less desirable in regard to public utilities and public and commercial facilities, at rents or prices within the financial means of such families or individuals, and reasonably accessible to their places of employment, and (B) the undertaking and carrying out of the urban renewal activities in stages is in the best public interest and will not cause any additional or increased hardship to the residents of the Area; and be it further

 

        RESOLVED that the Town Clerk is hereby ordered to file with the Commissioner of the New York State Division of Housing and Community Renewal a copy of the Amended Plan in accordance with GML Section 514.

 

Dated:             Manhasset, New York

                        January 30, 2018

                       

The vote on the foregoing resolution was recorded as follows:

 

 

Ayes:  Councilperson De Giorgio, Councilperson Ferrara, Councilperson Kaplan, Councilperson Russell, Councilperson Seeman, Councilperson Zuckerman, Supervisor Bosworth  

 

 

Nays:  None