2016-302 2016-302
Resolution of the Town Board regarding State Environmental Quality Review (SEQR) Determination of
Non-Significance for the Dutchess County Water and Wastewater Authority's (DCWWA) Central
Dutchess Water Transmission Line (CDWTL) Extension to the Dutchess Airport
At a Regular Meeting of the Town Board of the Town of Wappinger, Dutchess County, New York, held
at Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on December 12, 2016.
The meeting was called to order by Lori A. Jiava, Town Supervisor, and upon roll being called, the
following was recorded:
✓Vote Record-Resolution RES-2016-302
Q Adopted Yes/Aye No/Nay Abstain Absent
❑ Adopted as Amended Lori A.Jiava Voter Q ❑ ❑ ❑
❑ Defeated William H.Beale Mover Q ❑ ❑ ❑
❑ Tabled William Ciccarelli Voter 2 ❑ ❑ ❑
❑ Withdrawn John J.Fenton Voter Q ❑ ❑ ❑
Michael Kuzmicz Seconder, Q ❑ ❑ ❑
The following Resolution was introduced by Councilman Beale and seconded by Councilman Kuzmicz.
WHEREAS, the Dutchess County Water and Wastewater Authority (DCWWA), on behalf of the
County of Dutchess, as part of a project to provide municipal water to the Dutchess County Airport, intends to
construct a waterline along Airport Drive and Route 376 in the Town of Wappinger to the Dutchess County
Airport, which is in the vicinity of the intersection of Route 376 and Griffith Way; and
WHEREAS, the Town of Wappinger owns fee title to Airport Drive which intersects Route 376 in the
Town of Wappinger; and
WHEREAS, DCWWA had conducted an environmental review of the proposed project, prepared a Full
Environmental Assessment Form (Full EAF), Part 1 dated December 15, 2014 and Parts 2 and 3 dated
December 29, 2014; and the Dutchess County Legislature issued a Negative Declaration of Significance on
January 22, 2015 for the project; and
WHEREAS, New York State Highway Law § 149 requires the County to obtain permission from the
Town Highway Superintendent, with consent of the Town Board, to run the waterline under and through
Airport Drive; and
WHEREAS, County Law § 263 requires the County to obtain consent from the Highway
Superintendent and the Town Board; and
WHEREAS, the Highway Superintendent is listed as an Involved Agency in the SEQRA review
conducted by DCWWA, along with the Town of Wappinger Planning Board, however the Town Board was
included as an Interested Agency; and
WHEREAS, for reasons that are unclear, DCWWA has failed to submit an EAF to the Town so that the
Town Board could conduct its own review as an Involved Agency as per the SEQRA Regulations, Section
617.2 (s) and 617.6; and
WHEREAS, the Town Board is desirous of granting the required consent to the Highway
Superintendent to authorize the construction and installation of the water main under Airport Drive; and
WHEREAS, the Town Board wishes to fulfill its obligations under the New York State Environmental
Quality Review Act; and
WHEREAS, the Town Board has reviewed the information in the Full EAF prepared by DCWWA as
part of the Town's own review of this project; and
WHEREAS, circumstances have not changed since the EAF and Negative Declaration have been
adopted by Dutchess County Legislature on January 22, 2015; and
WHEREAS, the Town Board, after reviewing the EAF and the Negative Declaration prepared by
DCWWA, hereby intends to adopt its own Negative Declaration (Determination of Non-Significance) as a
predicate to granting consent to the Town of Wappinger Highway Superintendent to permit the construction of a
waterline by DCWWA, under and through Airport Drive by DCWWA.
NOW, THEREFORE, BE IT RESOLVED, as follows:
1. The recitations above set forth are incorporated in this Resolution as if fully set forth and
adopted herein.
2. The Town Board hereby determines that its approval under New York State Highway Law § 149
is subject to SEQR; that it is a Type 1 Action; and establishes itself as Lead Agency for review of the action
pursuant to the SEQRA regulations.
3. The Town Board was not named as an involved agency in the prior review of the Action by
DCWWA.
4. The Town Board hereby determines that coordinated review of the other aspects of the Action
have been investigated by DCWWA and that there are no involved or interested agencies regarding the Town
Board approval under NY Highway Law 149.The Town Board hereby determines that the Action may involve a
Federal agency as per the DCWWA Full EAF Part 1 item B.h.
5. The Town Board hereby finds and determines that:
a) it has considered the Action, reviewed all parts of the Full EAF, as prepared by Dutchess
County; reviewed the criteria set forth in 6 NYCRR section 617.7(c), thoroughly
analyzed the relevant areas of potential environmental concern, and has duly considered
all of the potential project environmental impacts and their magnitude in connection with
the proposed action;
b) The DCWWA's Central Dutchess Water Transmission Line extension to the Dutchess
Airport will not result in any large and important environmental impacts, and, therefore,
is one which will not have a significant impact on the environment; and
C) the reasons supporting this determination are set forth on the attached Full EAF Part 3
with respect to this project (a copy of which said form is on file in the Office of the Town
Clerk of the Town of Wappinger).
6. The Town Board, as a Lead Agency with reference to the above-described project, hereby:
a) adopts a negative declaration pursuant to 6 NYCRR section 617.7 with respect to the
project,
b) authorizes the Supervisor of the Town of Wappinger to sign a negative declaration
determination of non-significance with respect to the project,
C) directs the Town Clerk to circulate a copy to involved agencies; and to publish a notice in
the Environmental notices bulletin (ENB); and
d) directs the Town Clerk to file a copy of said negative declaration determination of non-
significance in the records of the Town.
The foregoing was put to a vote which resulted as follows:
RESULT: ADOPTED [UNANIMOUS]
MOVER: William H. Beale, Councilman
SECONDER: Michael Kuzmicz, Councilman
AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz
Dated: Wappingers Falls, New York
12/12/2016
The Resolution is hereby duly declared Adopted.
JOSb Pf t P. PAOLONI, TOWN CLERK