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Clearly, by placing environmental concerns above all others, the APA's mandate is more protective of the environment than that embodied within SEQRA.
Supreme Court concluded that the Board properly had found the action to be exempt from SEQRA review and had complied with the procedural requirements of the Town's Land Use Code before granting the rezoning.
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Here, the Town did more than address the environmental impacts along with other considerations; it elevated environmental concerns over and above all others by providing that the rezoning would stand if, and only if, the project was found to pass the more stringent environmental review performed by the APA.The Board, respondent Town of Tupper Lake and the developers moved for dismissal of the proceeding, and petitioners cross-moved for summary judgment on the petition.Significantly, although the APA suggested coordination of its and the Board's environmental reviews, there is nothing in the record indicating that the APA would conduct any review of its own or agree to a limited review by the Board prior to the rezoning.Rather, the APA's segmentation of the project, as amplified by DEC's argument in its amicus curiae brief that the rezoning is an entirely separate action, effectively placed the entire burden of environmental review of the project upon the Board.While "[a]ctions subject to the class A or class B regional project jurisdiction of the [APA]" are not subject to SEQRA's procedural requirements, namely, that an environmental impact statement be prepared for any action that may have a significant adverse effect on the environment (ECL 8-0111  [c]; see ECL 8-0109 ), in our view, state and local agencies are not relieved from the substantive requirements contained within ECL 8-0109 (1) (see Matter of Dudley Rd.
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