“Petitioner is the sponsor of an annual event known as the Harley Rendezvous, which it indicates is a fair and exposition for motorcycle enthusiasts and their families at which antique and vintage motorcycles are displayed, merchants buy and sell motorcycle memorabilia and attendees shop for motorcycle parts and accessories. The 1986 event is scheduled to take place on June 20-22, 1986 at Pine Grove Farm, located on Route 7 in the Town of Duanesburg, Schenectady County. The site is located in a GB-General Business zone of the town, in which gatherings of more than 3,500 people are permitted with a special use permit. Petitioner’s estimate is that attendance may reach 8,000, and indications are that attendance at past events has exceeded 10,000.
Petitioner initially made application with the respondent Zoning Board of Appeals (hereafter ZBA) for a special use permit on December 19, 1985, but the application was determined to be incomplete. The completed application was ultimately accepted for filing on January 12, 1986. Under the provisions of the environmental quality review ordinance of the town (hereafter TEQRO), enacted May 26, 1977, actions requiring the approval of the ZBA are Type I actions, thereby triggering the provisions of 6 NYCRR 617.6 and the requirement of the preparation and filing of an environmental assessment form (EAF). Petitioner filed an EAF on January 12, 1986.
Following consideration of the content of the EAF, the ZBA made a determination that the proposed action was in fact a Type I action in accordance with the provisions of TEQRO and 6 NYCRR part 617 and declared itself lead agency for determination of significant effect and, in the event of a positive declaration, preparation and review of draft and final environmental impact statements (hereafter DEIS, FEIS or EIS as is appropriate). Consistent with the requirement of 6 NYCRR 617.6, notice of the ZBA’s designation was given to the other “involved agencies”, they being the New York State Department of Health and the Schenectady County Planning Department. Both agencies concurred in the designation of the ZBA as lead agency. A scoping session was conducted January 22, 1986, at which the environmental assessment form was considered, a further EAF prepared by citizens residing in the area surrounding the proposed project site was considered, and interested citizens presented testimony.”
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