SEQRA POSITIVE DECLARATION

SEQRA POSITIVE DECLARATION
DETERMINATION OF SIGNIFICANE
AND
NOTICE OF SCOPING
DATE: September 2, 2020
LEAD AGENCY: THE VILLAGE OF GOWANDA BOARD OF TRUSTEES
ADDRESS: 27 EAST MAIN STREET
GOWANDA, NY 14070


THIS NOTICE IS ISSUED PURSUANT TO 6 N.Y.C.R.R. PART 617, THE IMPLEMENTING REGULATIONS PERTAINING TO ARTICLE 8 OF THE NEW YORK STATE ENVIRONMENTAL CONSERVATION LAW (STATE ENVIRONMENTAL QUALITY REVIEW ACT).
THE LEAD AGENCY HAS DETERMINED THAT THE PROPOSED ACTION DESCRIBED BELOW MAY HAVE A SIGNIFICANT EFFECT ON THE ENVIRONMENT AND THAT PREPARATION OF A DRAFT ENVIRONMENTAL IMPACT STATEMENT WILL BE REQUIRED.
A COPY OF THE DRAFT SCOPE IS ATTACHED. WRITTEN COMMENTS ON THE DRAFT SCOPE ARE REQUESTED AND WILL BE ACCEPTED BY THE LEAD AGENCY UNTIL OCTOBER 9, 2020.
PROJECT: Dollar General Retail Store
AGENCY: Village of Gowanda Board of Trustees
C/O Danielle Wagner, Village Clerk
ADDRESS: 27 East Main Street, Gowanda, NY 14070
ERIE COUNTY TAX MAP PARCEL #: 349.11-3-25 (248 Buffalo Street, Gowanda, NY), 349.11-3-26 (240 Buffalo Street, Gowanda, NY)
LOCATION: 240 & 248 Buffalo Street, Gowanda, NY 14070
DESCRIPTION OF PROJECT: Demolition of existing residential home to construct new retail store with associated parking.
SEQRA CLASSIFICATION: Unlisted Action
REASONS SUPPORTING THIS DETERMINATION:

  1. Impacts to Land cannot be fully assessed; Applicant has not submitted sufficient information. Lead Agency assumes a potential for at least moderate impact until sufficient information is provided to establish there will be no or minimal impacts.
  2. The proposed Project has the potential to have an adverse impact on traffic. No traffic information has been submitted by Applicant. Degradation of levels of service will be permanent, not temporary or limited to construction period. No information has been provided on traffic during construction, the need to temporarily stop traffic during construction, or the duration of such potential impacts. Lead Agency assumes a potential for at least moderate impact until sufficient information is provided to establish there will be no or minimal impacts.
    SEQRA POSITIVE DECLARATION AND NOTICE OF SCOPING- PAGE 2
    PROJECT: Dollar General Retail Store
    REASONS SUPPORTING THIS DETERMINATION CONTINUED:
  3. The location of the proposed Project is adjacent to residential homes which will be adversely impacted by both noise levels and lighting and the Lead Agency determines that such potential impacts may be moderate to large.
  4. The proposed Project is inconsistent with the municipality’s plan to have a central business district separate from the residential areas of the Village. The proposed Project will require acquisition and demolition of existing residential homes in a predominantly residential area. The proposed Project will require a variance from the Village of Gowanda Code as it has insufficient space to provide Code-required parking spaces. A similar retail store is located less than ½ mile from the proposed Project, which has the potential to adversely impact existing local businesses and result in closures and abandoned buildings. The Project has the potential for such impacts to be moderate to large.
  5. The proposed Project is not consistent with Community Character. There is significant community opposition to the Project, particularly its location. Residents have submitted petitions in opposition to the Project signed by approx. 25% of Village residents and information to the Village Board of Trustees regarding long-term failure of the Company to maintain upkeep and cleanliness of its retail stores. The Village of Gowanda is approximately 1.6 square miles and has a population of approx. 2,200 people and is considered a small village in an otherwise rural area. The proposed Project has the potential to adversely impact the quality of the residential areas surrounding it and degrade the property values of adjacent residences, potentially creating a domino effect of homes transitioning to non-owner occupied rental units. As a result of #4 and #5 the project has a moderate to large potential for adverse impacts in these areas.
    FOR FURTHER INFORMATION AND TO SUBMIT WRITTEN SCOPING COMMENTS CONTACT:
    Danielle Wagner, Village Clerk
    27 E. Main Street
    Gowanda, NY 14047
    BY ORDER OF: Mayor David Smith, Village of Gowanda
    Board of Trustees of the Village of Gowanda

DRAFT SCOPING DOCUMENT

Village of Gowanda, New York
DRAFT SCOPING DOCUMENT
Dollar General Retail Store
240 & 248 Buffalo Street, Gowanda, NY

This document identifies the issues to be addressed in the Draft Environmental Impact Statement (DGEIS) for the proposed Dollar General Retail Store located at 240 & 248 Buffalo Street, Gowanda, NY (“Site”). This Draft Scoping Document was prepared in general accordance with 6 NYCRR Part 617.8 (e)(1) through (7).
Name of Action:
Dollar General Retail Store
Lead Agency:
Village of Gowanda Board of Trustees
Lead Agency Contact:
Danielle Wagner, Village Clerk
Village of Gowanda
27 East Main Street
Gowanda, NY 14070
(716) 532-3353
gowandavillageth@gmail.com
Classification of Action: Unlisted
Scoping Meeting: A Public Scoping Meeting to receive comments on the draft scoping document will be held on September 8, 2020 at 7:30 PM at the Hollywood Theater, 39 W Main St, Gowanda, NY 14070.
Written Scoping Comments: Written public comments on the draft scoping document will be accepted by the Lead Agency until 5 PM on October 9, 2020.
Description of Proposed Action:
The Broadway Group, LLC (the “Applicant”) proposes to construct a 9,100 +/- SF Dollar General Retail Store with surface parking and a stormwater management system at 240 and 248 Buffalo Street in the Village of Gowanda, Erie County, New York (“Project”). The Site is currently occupied by two residential houses which will be demolished to accommodate the Project.
The Village of Gowanda Board of Trustees declared its intent to act as Lead Agency, for purposes of SEQRA, on March 12, 2019. The SEQRA Positive Declaration and Notice of Intent to prepare a DEIS were also issued on April 9, 2019.

The format and scope of the DEIS pursuant to 617.9(b) is as follows:
Cover sheet and General Information
A DEIS Cover Sheet will be provided that includes:
 Title of the document;
 Title of the Proposed Action;
 Location of the Proposed Action;
 Name, address and phone number of the Lead Agency, including name of the contact
person;
 Name, address and phone number of the preparer of the DEIS and contact person;
 Date and acceptance of the DEIS (to be inserted at later time); and
 Date of the public hearing and deadline by which comments on the DEIS should be
provided (to be inserted at later time).
In addition:
 The DEIS will include a list of the participating consultant(s), with their address,
telephone number and project responsibilities; and
 The DEIS will include a Table of Contents, List of Exhibits, List of Tables and List of
Appendices.
1.0 EXECUTIVE SUMMARY
1.1 Introduction
1.2 Brief Description of the Proposed Action (Provide a brief overall description of
the Proposed Action).
1.3 Lead Agency Designation (Describe the Village’s Lead Agency designation
process pursuant to SEQR).
1.4 Interested and Involved Agencies (Describe the Involved and Interested agencies
identified by the Village and the SEQRA coordinated review process. These
agencies consist of the Village of Gowanda Planning Board, the Village of
Gowanda Zoning Board of Appeals, the New York State Department of
Environmental Conservation, and the New York State Department of
Transportation).
1.5 Required Reviews and Approvals (Identify the required agency reviews and
approvals necessary for the Proposed Action).
1.6 Potential Impacts and Mitigation Measures (Provide a brief summary of the
potential adverse impacts of the Proposed Action; provide brief summaries of the
identified impact avoidance and mitigation techniques and strategies, if any, to be
used as part of the Proposed Action).
1.7 Project Alternatives (Provide a brief description of the alternative actions
considered in lieu of the Proposed Action, including SEQRA’s requisite “No-
Action Alternative” and the Proposed Action Alternative).

2.0 DESCRIPTION OF PROPOSED ACTION
2.1 Description of the Proposed Action (Describe the Proposed Action, providing its general location, proposed building/site dimensions and features, and applicable zoning).
2.2 Site Location and Description (Describe and map the location of the Proposed Action in terms of its general character, land use pattern and overall environmental conditions and/or significant features)
2.3 Store Operation and Hours (Provide a brief description of the project’s typical employment, proposed days/hours of operation, and store deliveries).
2.4 Project Purpose, Need, and Benefits (Provide a brief description of the Proposed Action’s benefits to the local and surrounding communities, its benefits on real estate and sales taxes, and construction and operational employment).
2.5 Required Reviews and Approvals (Provide brief discussion and/or list of the required agency permits, reviews and approvals necessary for the Proposed Action).
3.0 ENVIRONMENTAL SETTING, POTENTIAL IMPACTS AND MITIGATION
3.1 Stormwater and Drainage
3.1.1 Setting (Describe the general setting of the project site’s existing drainage patterns, topography and floodplains).
3.1.2 Potential Impacts (Describe the potential impacts from the Project on its potential to increase erosion and sedimentation and flooding. The analysis will be based on the Project Stormwater Pollution Prevention Plan (SWPPP) and the proposed stormwater management facilities proposed for the Site and its conformance with the latest version of the New York State Stormwater Design Manual (SDM) and the State Pollutant Discharge Elimination System General Permit for Stormwater Discharges from Construction Activity (SPDES). The geotechnical investigation report will also be reviewed and assessed to identify any impacts).
3.1.3 Mitigation (Describe mitigation measures, if applicable)
3.2 Traffic
3.2.1 Setting (Describe the existing local road and state highway network as well as existing Average Annual Daily Traffic (AADT) in the vicinity of the Site).
3.2.2 Potential Impacts (Based on a Trip Generation and Distribution Analysis, describe the distribution of the new trips and pass-by trips generated by the Project onto the adjacent roadway network during the morning and evening peak hours and its potential impact on the roadway network).
3.2.3 Mitigation (Describe mitigation measures, if applicable).
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3.3 Noise and Light
3.3.1 Setting (Describe the ambient noise environment in and around the Site including noise from nearby residential activities (e.g., entering and exiting vehicles, car doors, air conditioning units, lawn mowers) and ambient noise from traffic along Buffalo Street; Describe the Site’s existing artificial lighting from the two residential structures and spillover artificial lighting from adjacent streetlights, the Valu Home Center, other adjacent and nearby commercial and residential properties, and from lights of vehicles traveling along Buffalo Street).
3.3.2 Potential Impacts (Provide a qualitative analysis of noise associated with the Proposed Action’s construction activities including noises from construction equipment, machinery, and generators for the demolition of the current residential structures, grading of the site, construction of the small retail store, and site preparations including paving of the proposed parking lot and sidewalks, landscaping, and construction of the proposed privacy fence; Provide a qualitative analysis of noise associated with the Proposed Action during operation including entering and exiting vehicles, delivery vehicles, customer/employee vehicles, opening and closing vehicle doors, limited noise from pedestrians/customers entering and exiting the store, and noise from building operations such as air conditioning units; Determine whether the Proposed Action’s store operations will produce loud, discordant, or disagreeable noise in comparison with existing ambient noise environment and whether ambient noise associated with activities adjacent to and near the Site are anticipated to change during construction or store operation; Describe the potential impacts from the Project’s artificial safety and security lighting and their spillover impacts on adjacent properties. The photometric lighting plans developed for the project site will be used as the basis for determining potential lighting impacts from the Proposed Action).
3.3.3 Mitigation (Describe mitigation measures, if applicable).
3.4 Zoning and Parking
3.4.1 Setting (Describe the Site’s current “Restricted Business” zoning and its permitted uses; bulk requirements including building height requirements; lot coverage; side yards; rear yards; setbacks; and off-street parking).
3.4.2 Potential Impacts (Describe the Proposed Action’s compliance with the requirements and regulations of the B-2 “Restricted Business” zoning district including proposed use, building height, lot coverage, side yard setback, rear yard setback, and front yard setback. Describe the Proposed Action’s zoning variance applicable to the proposed on-site parking spaces per the Village Zoning Code).
3.4.3 Mitigation (Describe mitigation measures, if applicable).
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3.5 Community Character
3.5.1 Setting (Include a qualitative narrative of existing community character in the vicinity of the project site including a description of the current built environment, visual character, land uses, the proposed project’s scale, siting, design and function, and the Site’s proximity to any historic districts or buildings).
3.5.2 Potential Impacts (Evaluate the balance between commercial and residential uses in the area in the context of the Proposed Action and determine the level of potential impact, if any, including whether it will impact visual character and whether its scale, design, layout, etc. will be in sharp contrast to surrounding land uses. An assessment regarding whether the Proposed Action will create odors, light, noise or traffic impacts that are sharply different than what currently exists will also be included in this section.
3.5.3 Mitigation (Describe mitigation measures, if applicable).
4.0 OTHER ENVIRONMENTAL IMPACTS
4.1 Unavoidable Adverse Environmental Impacts (Provide a list and brief descriptions of those adverse impacts that cannot be avoided).
4.2 Irreversible and Irretrievable Commitment of Resources (Identify the natural and human resources to be substantially consumed, converted, or made unavailable for future use as a result of the Proposed Action).
4.3 Growth-Inducing, Cumulative and Secondary Impacts (Identify growth-inducing aspects of the Proposed Action including its effects on the expansion of jobs in the community, the Village’s population, or its potential impacts on any municipal or community service provider (e.g., police, fire, ambulance; Describe the potential impacts on lands surrounding the Project Site and its consistency with the Village Master Plan and Zoning Code; Describe whether the Proposed Action represents a precedent-setting action which would spur additional development, either small-scale or large-scale, in this area).
4.4 Energy Use and Conservation (Provide a discussion of those aspects of the Proposed Action that would contribute to an increase in energy use, as well as potential options for energy conservation).
4.5 Climate Change (Provide a discussion of measures to avoid or reduce both the Proposed Action’s impacts on climate change and associated impacts due to the effects of climate change such as sea level rise and flooding).
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5.0 ALTERNATIVES
5.1 No Action Alternative (Evaluate the scenario where the status of existing land use remains unchanged).
5.2 Proposed Action Alternative (design and scale of the proposed action alternative).
6.0 REFERENCES (Provide listing of the various documents and information sources utilized in the preparation of the DEIS.)
Appendices
The following are the appendices anticipated to be included in the DEIS:
 Project Location Map
 Village of Gowanda Board of Trustees SEQR Documentation
 Proposed Action Variance Application and Approval Letter
 Land Survey with Existing Site Conditions
 Civil Engineering Site Development Plans
 Stormwater Pollution Prevention Plan
 Geotechnical Investigation Report
 Trip Generation Data/Estimates
 Photometric Plans
 Excerpt from Village of Gowanda Zoning Code
 Village of Gowanda Zoning Map
 Existing Commercial and Residential Uses and Visual Character Near the Site

Board Meeting

The next meeting of the Board of Trustees will be open to the public on September 8, 2020 6 PM at the Hollywood Theater.  Please remember that masks and social distancing rules will apply.