![]() ![]() The EIS also analyzed secondary growth effects from increased competition and potential store closings on the adjacent Town and nearby Lake Placid Village areas. The North Elba Planning Board had adopted a final environmental impact statement (EIS) that addressed the project’s potential visual impact on scenic values and its effects on the community’s general character and ambience. In addition, the potential negative economic impact of the “big-box store” on smaller retail businesses and the visual, aesthetic, community-character and other socio-economic impacts must be explained in the State Environmental Quality Review Act (SEQRA) documents, local resolutions and findings. A town’s conditional (special) use permit regulation, however, must contain properly-worded explicit standards. The court held that a municipality may use the potential adverse economic and community-character impacts of a proposed “big-box” development on existing, small retail businesses as bases for the denials. The Town’s Planning Board denied the permits and Wal-Mart challenged the decision. applied for a conditional use permit and site plan approval from the Town of North Elba to construct a store in the Adirondacks just outside the resort village of Lake Placid in a Scenic Preservation Overlay District with views of Whiteface Mountain. ![]()
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