WHEREAS, it is the Gerry Foundation's intent to construct a Performing Arts Center Planned Development on portions of the properties in the proposed District; and

WHEREAS, the Town of Bethel Planning Board and Town Board of the Town of Bethel ("Town Board"), pursuant to 6 NYCRR 617.6 of SEQRA, are acting as Joint Lead Agency for this action, which has been determined to be a Type 1 action; and

WHEREAS, after the issuance of a determination of significance and, on April 9, 2002, the acceptance of a draft Environmental Impact Statement, the Joint Lead Agency conducted a public hearing on May 14, 2002, at and after which the Joint Lead Agency accepted oral and written comments from the public, including interested and involved agencies; and

WHEREAS, on October 8, 2002, the Joint Lead Agency determined that the Final Generic Environmental Impact Statement ("FGEIS") (which includes the draft Generic Environmental Impact Statement, the substantive comments received and the responses thereto) appropriately assembled relevant and material facts to allow the Joint Lead Agency to base its decision, analyze the significant adverse impacts and evaluate reasonable alternatives thereto as required by 6 NYCRR 617,9(b), and accepted the FGEIS as complete; and

WHEREAS, a Notice of Completion was duly published on October 11, 2002, and the Joint Lead Agency made the FGEIS available for public review, the public comments to the FGEIS were accepted in accordance with SEQRA; and

WHEREAS, it appears that after the issuance and publication of the Notice of Completion for the FGEIS, a number of letters and a petition were received by the Joint Lead Agency on a single topic and those comments expressed objection to any construction activities on the original 38 acre Woodstock Festival Site where the 1969 Woodstock concert was conducted, which festival site makes up a portion of the District and the anticipated project site; and

WHEREAS, Joint Lead Agency had duly considered all oral and written comments received during the scoping process, the public review of the draft GEIS and the FGEIS, and impacts and the facts and conclusions disclosed in the FGEIS and any other relevant matters addressed during the environmental review process.

NOW, THEREFORE, BE IT RESOLVED that the Joint Lead Agency hereby adopts the Statement of SEQRA Findings and Decision (the "Findings Statement," attached hereto) which provides, in pertinent part, that (i) the Joint Lead Agency has given consideration to the FGEIS, and finds that the FGEIS, together with its Appendices, is complete and comprehensive in scope and content, identifies and adequately discusses all reasonable alternatives to, and all reasonably anticipated environmental impacts of carrying out the proposed action, and that all of the requirements of SEQRA have been met; (ii) consistent with social, economic and other essential considerations from among the reasonable alternatives thereto, the action to be carried out is one which minimizes or avoids adverse environmental effects, to the maximum extent practicable, including the effects disclosed during the Environmental Impact Statement process; and (iii) consistent with social, economic and other essential considerations, to the maximum extent practicable, adverse environmental effects revealed during the Environmental Impact Statement process will be minimized or avoided by incorporating as conditions to the decision those mitigative measures which were identified as practicable; and be it

FURTHER RESOLVED the Joint Lead Agency hereby adopts and authorizes execution of the certification contained in the attached Findings Statement certifying that the requirements of SEQRA have been met; and be it

FURTHER RESOLVED that in response to comments received during the comment period after the issuance of the Notice of Completion of the FGEIS the Joint Lead Agency finds that the objections to any construction on the original festival site (i) were very similar to the oral and written objections that were raised during the comment period following the issuance of the draft GEIS and did not raise any issues that were not addressed in the response to comments contained in the FGEIS, (ii) fail to recognize that there are limited areas of construction for the core facilities when other environmental impacts, like wetland preservation and archeological impacts, must be taken into account, (iii) fail to acknowledge that the proposed areas of construction leave a vast majority of the original concert site in its natural state, where it is proposed that outdoor concerts will be held once the project has received the necessary approvals, (iv) generally do not address the fact that the proposed areas of construction activities are limited to the periphery of the 38 acre original concert site in an area where the original vendor areas were located for the 1969 concert and (v) fail to recognize that the Joint Lead Agency must give consideration to all potential impacts and that the proposed location of the core facilities best accounts for, addresses and mitigates all potential environmental impacts, and be it

FURTHER RESOLVED that the Findings Statement for the above-described action shall be filed and distributed in accordance with the requirements of 6 NYCRR 617.12 of SEQRA.