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Conditioned Negative Declaration

Erie County - The Village Board of Trustees of the Village of East Aurora, as lead agency, has determined that the proposed Retail/Restaurant at "Eckerd's Plaza" (the "Old Tops" Site) will not have a significant adverse environmental impact provided specific conditions are met. There will be a 30 day public comment period commencing with the date of this notice. The action involves the applicant, Benderson Development Co., Inc., requesting: (a) amending the Development Plan for the "Eckerd's Plaza", Main Street, East Aurora, New York (the "Old Tops" Site), to modify the previously approved 3,000 sq. ft. bank to allow the building to be used as a 1,500 sq. ft. restaurant (with an outdoor patio and no drive-thru) and a 1,500 sq. ft. retail store; and, (b) a Special Use Permit to utilize 1,500 sq. ft. of the aforementioned 3,000 sq. ft. building as Starbuck's restaurant. The project is located at 160 Main Street, Village of East Aurora, New York, commonly known as Eckerd's Plaza and the "Old Tops" site.

The conditions are:

(1) No portion of the 3,000 sq. ft. building may be used as a restaurant. The only permissible uses shall be retail, as set forth at Section 93-19(B)(3) of the Zoning Code of the Village of East Aurora, New York, and professional and medical offices.

(2) If, by action of the VBOT or by order of a court of competent jurisdiction, the applicant is allowed to operate a restaurant in all or a portion of the subject 3,000 sq. ft. building, the applicant and its successors, as well as its tenant(s), agree that they will not request and/or operate a drive-thru at this location.

Comment Period: The public shall have 30 days from the date of publication of this Conditioned Negative Declaration in the ENB, or until March 17, 2006, whichever date is later, to submit written comments on this CND to the Village Administrator.

Contact: Kimberly LaMarche, Village Board of Trustees of the Village of East Aurora, 571 Main Street, East Aurora, NY 14052, phone: (716) 652-6000.