The URL can be used to link to this page

Regency2012-312 Resolution Adopting Findings Statement Hilltop Village at Wappinger Active Adult Community 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 November 26, 2012. The meeting was called to order by Barbara Gutzler, Supervisor, and upon roll being called, the following were present: PRESENT: Supervisor Councilmembers Barbara Gutzler William H. Beale Vincent F. Bettina (Arrived at -7:3 1) Ismay Czamiecki Michael Kuzmicz The following Resolution was introduced by Councilman Bettina and seconded by Councilwoman Czarniecki. WHEREAS, the Wappinger Town Board is entertaining the adoption of a Findings Statement pertaining to the Environmental Impact Statement prepared in connection with the Hilltop Village at Wappinger application proposed by Toll Brothers, Inc. (the "Applicant) for a 225 -unit active adult, age restricted residential development (the "Proposed Action"); and WHEREAS, the Planning Board became the Lead Agency for the Proposed Action, after performing a coordinated designation of Lead Agency procedure in accordance with the requirements of SEQRA; and WHEREAS, the Planning Board as Lead Agency under SEQRA adopted a Positive Declaration and thereafter conducted a complete environmental review under SEQRA, including preparation of a DEIS (accepted as complete on March 19, 2012) and FEIS (accepted on November 5, 2012), which review resulted in the adoption of a Findings Statement pursuant to SEQRA on November 19, 2012; and NOW, THEREFORE, BE IT RESOLVED, that pursuant to the State Envirom-rental Quality Review Act regulations, the Wappinger Town Board hereby adopts the attached Findings Statement, thereby completing the SEQRA process for the Town Board's decisions regarding the Proposed Action; and BE IT FURTHER RESOLVED, that the Wappinger Town Board hereby directs the filing of its Findings Statement with the Involved Agencies for the Proposed Action, the Environmental Notice Bulletin and the Applicant. The foregoing was put to a vote which resulted as follows: BARBARA GUTZLER, SUPERVISOR Voting: AYE WILLIAM H. BEALE, COUNCILMAN Voting: AYE VINCENT F. BETTINA, COUNCILMAN Voting: AYE ISMAY CZARNIECKI, COUNCILWOMAN Voting: AYE MICHAEL KUZMICZ, COUNCILMAN Voting: AYE Dated: Wappingers Falls, New York 11/26/2012 The Resolution is hereby duly declared adopted. CHRISTINE F ON, TOWN CLERK FREDERICK P. CLARK ASSOCIATES, INC. PLANNING, TRANSPORTATION, ENVMONMENT AND DEVELOPMENT RYE,NEW YORK FAIRFIELD, CONNECTICUT DAVID H. S'TOLMAN MEMORANDUM A10), PP PRESIDEINI MICHAEL A. GALA TE To: Involved and Interested Agencies E.'XE0J'HVF VICE PRESIDEN"r Date: November 30, 2012 350 TFIEOFREMD AVI:�' R�YE, NEW YORK 10580 91,4 967-65140 Subject: Hilltop Village at Wappinger Active Adult Community FAX� 914 967-6615 Town of Wappinger — SEQRA CONNECT10 Il 2013 255-3100 On behalf of the Town of Wappinger, we are forwarding herewith the H(JDSON VALLEY attached two Findings Statements regarding the above captioned project, 845 297-6056 respectively adopted by the Planning Board as the Lead Agency, and by the LONG ISLAND Town Board as an Involved Agency. 516 36/4-4544 wArwJp(1wkxfn ernaH@fpctark.c(-)m David H. Stolman, AlCP, PP President Evren Ulker-Kacar, AICP Associate/Planning Attachments: 2 JAIDOCS2\5001Wappingefflilltop Village at Wappinger\llilltop Findings Statement. distribution cover.euk.doc ts, -'LERK 11/26/12 TOWN BOARD TOWN OF WAPPINGER, NEW YORK FINDINGS STATEMENT HILLTOP VILLAGE AT WAPPINGER ACTIVE ADULT COMMUNITY I. INTRODUCTION This document is a Findings Statement prepared pursuant to and as required by Part 617.11 of Title 6 NYCRR (the State-wide regulations implementing the New York State Environmental Quality Review Act). This Findings Statement pertains to the environmental review of the Hilltop Village at Wappinger application proposed by Toll Brothers, Inc. (the "Applicant) for a 225 -unit active adult, age restricted residential development (the "Proposed Action"). This Findings Statement draws upon the facts and conclusions in the Draft Environmental Impact Statement (DEIS) dated February. 21, 2012 and the Final Environmental Impact Statement (FEIS) dated October 19, 2012. Implementation of the proposed project will require approvals from all necessary agencies. The Town of Wappinger Planning Board is the Lead Agency with respect to the environmental review process pursuant to the State Environmental Quality Review Act (SEQRA). The following provides a SEQRA history to -date: • Submission of a DEIS regarding the Proposed Action by the Applicant on October 11, 2011; • Submission a revised DEIS regarding the Proposed Action by the Applicant dated February 21, 2012; • Acceptance of the DEIS by the Planning Board on March 19, 2012 and the filing of the DEIS and Notice of Completion on March 26, 2012; • Holding of a Public Hearing on the DEIS by the Planning Board on April 16, 2012; • Continuation and then closing of the Public Hearing on May 7, 2012; • Opening of a Public Comment Period on March 26, 2012 which ended on May 21, 2012; 0 Submission of an FEIS regarding the Proposed Action dated September 21, 2012; • Submission of a revised FEIS regarding the Proposed Action dated October 19, 2012; • Acceptance of the FEIS by the Planning Board on November 5, 2012, and the filing of the FEIS and a Notice of Completion on November 7, 2012; • Preparation and adoption of a Findings Statement by the Planning Board. • Preparation and adoption of this Findings Statement by the Wappinger Town Board. U. PROPOSED ACTION A. Location The project site, 149.35f acres in size, is located at the intersection of All Angels Hill Road (County Route 94) and Hilltop Drive in the Town of Wappinger, Dutchess County, New York. The subject property consists of one parcel located on All Angels Hill Road and is identified on the Town of Wappinger Tax Map as tax parcel number 6257-02- 630770. B. Site Character and Surrounding Uses The property is currently accessible via an existing shared private driveway from All Angels Hill Road, which is located directly across from Hilltop Drive. The existing shared private driveway also provides access to the adjacent property owned by R&R Realty Associates where the commercial business Flavormatic is located. In addition, emergency access is also provided from Shamrock Hills Drive. The land uses surrounding the project area are varied and include a mix of agricultural, residential, commercial, industrial, religious, public services (e.g., utilities), and open space. However, the predominant land use is residential. The property is currently zoned 1 -Family Residence (R-40) District and Conservation Office Park (COP) District. The zoning within a 1/2 -mile radius of the Proposed Action includes 1 -Family Residence (R-15), 1 -Family Residence (R-20), R-40, and COP Districts. The properties, within a 1/2 -mile radius, to the north are zoned R-20 and COP; to the cast and south are zoned R-20; to the southwest are zoned R-40 and R-15; and to the west are zoned R-40. C. Project Description The Applicant, Toll Brothers, Inc., is proposing to develop a 149.35 acre parcel located on All Angels Hill Road (CR 94) in the Town of Wappinger. The project consists of 225 age -restricted units (132 detached and 93 attached) for persons 55 -years and older. The project also includes a club house, recreational amenities, preservation of natural areas as open space, and the reconstruction of an existing private road, and conveyance of 4.05 2 acres to tax parcel 6257-02-720997. The Applicant has petitioned the Town Board to change the zoning designation of the property to Multifamily Residence (RMF -3) in order to permit the project. D. Agency Jurisdiction(s). Town of Wappinger Town Board ■ Zoning Change to RMF -3 ■ Water Distribution and Connection Approval ■ Sewer System and Connection Approval ■ MS4 SWPPP Acceptance Town of Wappinger Planning -Board ■ Subdivision Approval ■ Site Plan Approval ■ Wetland Permit Town of Wminger Superintendent of Highways ■ New Road Acceptance ■ Driveway Permit CA_MO Pollution Control, Inc. ■ Water Distribution and Connection Approval ■ Sewer System and Connection Approval Dutchess County Department of Health ■ Water Distribution and Connection Approval ■ Sewer System and Connection Approval Dutchess County Department of Public Works ■ Entrance Permit New York State Department of Environmental Conservation ■ SPDES General Permit GP -0-10-001 E. History and Compliance with SEQRA Requirements DEIS SUBMISSION The initial DEIS for the Hilltop Village at Wappinger was submitted by the Applicant, Toll Brothers, Inc., on October 11, 2011. A revised DEIS was accepted by the Lead Agency, the Town of Wappinger Planning Board, on March 19, 2012. The Proposed Action described in the DEIS involved 225 age -restricted units (132 detached and 93 3 attached) for persons 55 -years and older of which twenty-three (23) units, or ten (10) percent, were offered as affordable housing. In addition to the Proposed Action, the DEIS evaluated various alternatives: • No Action • Conventional Subdivision • Average Density Subdivision • Conservation Subdivision • Senior Housing District or Overlay Zone • Regular vehicular access to and from Shamrock Hills Subdivision • Reorientation of units T54 through T62 • Private Road Connection • Regarding "Affordable" Portion of the Project • Tax Impact Analysis of Fee Simple Ownership of Project A public hearing on the DEIS was held on April 16, 2012 and was continued on May 7, 2012 by the Planning Board. The public hearing was duly noticed, and all persons present were given the opportunity to provide comment. The public comment period was closed on May 21, 2012. The Planning Boar_ d accepted written comments from the public during the comment period. FEIS S"MISSiON As the Proposed Action has progressed through SEQRA review process, the project sponsor has revised the preferred plan. Based upon the current needs of the Town of Wappinger, the Applicant is proposing to remove the affordable housing component from within the Hilltop Village of Wappinger community and to construct an off-site Town water system upgrade identified as "Water Main Extension Loop from Meadowwood Wells — All Angels Hill Road." The Applicant submitted a FEIS with a revised Proposed Action that is 225 active adult residential units all of which will be market rate units in September 2012, revised in October 2012. The Proposed Action also now includes a water and sewer buy -in fee of $243,000 as well as recreation fees in the amount of $1.125 million to be paid to the Town. Further, and as has been the case since the DEIS, the Proposed Action includes recreation land to be donated to the Town in the amount of 51.7 acres on Robinson Lane adjacent to the existing Town Recreation Complex and 1.4 acres on All Angels Hill Road adjacent to the project and conveyance of 4.05 acres to tax parcel 6257-02-720997. The FEIS included responses to the verbal and written comments that were made during the DEIS comment period and included responses to comments made by the public and the Planning Board's consultants during the public comment period. 4 III. ENVIRONMENTAL EVIPACTS OF PROPOSED ACTION A. Geology and Soils Potential Impacts and Proposed Mitigation Soils Development of the site will result in the removal of natural vegetative cover material and soil disturbance. The Proposed Action will disturb approximately 71.58 acres, or 49 percent of the property, and create a total impervious area of 25.53 acres. Based upon a preliminary cut -fill analysis, the proposed cut for the site is -391,900 cubic yards and the proposed fill for this site is 355,700 cubic yards. The site is balanced when 2% compaction and approximately 8-10% of additional fill is typically necessary for actual construction to compensate for compaction are taken into consideration. Without proper design and mitigation, these factors have the potential to alter the natural sediment and stormwater storage capabilities of the site. All fill material will be placed in lifts and mechanically compacted to achieve a minimum of 85 percent compaction, since it is necessary for the mass grading and clustering of the Proposed Action. According to the United States Department of Agriculture (USDA) Soil Conservation Service Soil Survey for Dutchess County, eleven soil types were identified on the project site. The proposed disturbance for each soil type found on site is described below. • Bernardston silt loam, 3 to 8 percent slopes (BeB) — Hydrologic Soil Group C - This soil type covers 4.90 acres of the site. It is on hilltops and broad till plains. The Proposed Action will disturb approximately 3.71 acres (or 75.7%) of this soil type. • Bernardston silt loam, 8 to 15 percent slopes (BeQ - Hydrologic Soil Group C - This soil type covers 45.74 acres of the site. The Proposed Action will disturb approximately 34.56 acres (or 75.6%) of this soil type. • Bernardston silt loam, 15 to 25 percent slopes (BeD) - Hydrologic Soil Group C - This soil type covers 11.45 acres of the site. The Proposed Action will disturb approximately 9.71 acres (or 84.8%) of this soil type. • Canandaigua silt loam (Ca) - Hydrologic Soil Group D - This soil type covers 27.48 acres of the site. The Proposed Action will disturb approximately 2.80 acres (or 10.2%) of this soil type. • Carlisle muck (Cc) - Hydrologic Soil Group AID - This soil type covers 6.80 acres of the site. The Proposed Action will not disturb this soil type. 5 • Dutchess-Cardigan complex, undulating, rocky (DwB) - Hydrologic Soil Group B/D - This soil type covers 10.57 acres of the site. The Proposed Action will disturb approximately 8.45 acres (or 79.9%) of this soil type. • Hoosic gravelly loam, nearly level (HsA) - Hydrologic Soil Group A - This soil type covers 5.13 acres of the site. The Proposed Action will not disturb this soil type. • Hoosic gravelly loam, rolling (HsC) - Hydrologic Soil Group A - This soil type covers 2.40 acres of the site. The Proposed Action will not disturb this soil type. • Pittstown silt loam, 3 to 8 percent slopes (PwB) - Hydrologic Soil Group C - This soil type covers 1.90 acres of the site. The Proposed Action will disturb approximately 1.61 acres (or 84.7%) of this soil type. • Punsit silt loam, 3 to 8 percent slopes (PzB) - Hydrologic Soil Group C - This soil type covers 32.90 acres of the site. The Proposed Action will disturb approximately 10.74 acres (or 32.6%) of this soil type. • Urban land (Ur) - This soil type covers 0.08 acres of the site. The Proposed Action will not disturb this soil type. Soil type Ca is the only hydric soils that will be disturbed, This soil disturbance is limited to the proposed replacement of the existing twin 30 -inch CMP culverts, construction of Road "A" with associated grading, construction of stormwater pond 1, and installation of the site utilities. Deep tests will be performed in the general areas where the proposed stormwater management facilities are located in order to determine the depth to groundwater and bedrock. Percolation tests will also be performed to determine the percolation rate of the subsurface soils and whether or not a pond liner will be necessary to maintain a permanent pool of water in the stormwater management ponds. Erosion control matting or other engineered slope stabilization practices will be used on all exposed slopes greater than 3:1. Should a high or seasonally high water table be encountered, dewatering will be used if necessary. Dewatering will not be discharged directly into wetlands, water courses, water bodies, and storm sewer systems. Proper methods and devices will be utilized to the extent permitted by law, such as pumping water into temporary sediment basins, providing surge protection at the inlet and outlet of pumps, floating the intake of the pump, or other methods to minimize and retain the suspended solids. The Proposed Action will be constructed in seven (7) phases. The Applicant is proposing to disturb more than five (5) acres of soil in order to obtain the necessary fill material to construct sections of the Proposed Action while balancing onsite earthwork. This will eliminate the need to import/export material from offsite. Written approval from the 6 Town of Wappinger, which is an MS4, is required to disturb more than five (5) acres of soil at any one time. The Proposed Action has taken the location of sensitive soils into consideration and disturbances to these soils have been avoided, where feasible. Geogrid will be used in areas where construction and cut -fills will be occurring in silt loam soils to provide soil stabilization and reinforcement as needed. In addition, the Proposed Action will be constructed in phases, which will limit the amount of land disturbance occurring at a single time and minimize the amount of disturbance potentially occurring in sensitive soils. By phasing the construction this will allow for one phase to be stabilized or temporarily stabilized prior to moving onto the next. The proposed clearing and grading activities will be kept to the minimum amount needed for construction of the development. Undisturbed vegetated areas will aid in reducing stormwater runoff and pollutant load and promote soil stabilization. Temporary erosion and sediment control measures, including stabilized construction entrance, dust control, temporary soil stockpile, silt fencing, temporary seeding, stone inlet protection barrier, stone check dams, temporary sediment basin, erosion control blanket and dewatering, will be implemented during construction to minimize soil erosion and control sediment transport offsite. Permanent erosion and sediment control measures, including the establishment of permanent vegetation, final seeding and planting, rock outlet protection and stone check dams; will be implemented after construction to control the quality and quantity of stormwater runoff from the developed site. To ensure the stability and effectiveness of all protective measures and practices during construction, all erosion and sediment control measures employed shall be inspected by the Qualified Professional at least every seven (7) calendar days. The contractor's and/or subcontractor's trained individual(s) shall perform daily inspections of all erosion and sediment control measures at the beginning and end of the day. The trained individual(s) shall immediately correct any deficiencies noted during their inspection or during the Qualified Professional's inspections. For construction sites where soil disturbance activities have been temporarily suspended (e.g., winter shutdown) and 'temporary stabilization measures have been applied to all disturbed areas, the frequency of the inspections can be reduced. However, NYSDEC and Town must be notified prior to reducing the frequency of the inspections. If approved, the Qualified Professional shall conduct a site inspection at least once every 30 calendar days. For construction sites where soil disturbances of greater than five (5) acres have been authorized by the NYSDEC or the Town, the Qualified Professional shall conduct at least two (2) site inspections every seven (7) calendar days to ensure the stability and effectiveness of all protective measures and practices during construction for as long as greater than five (5) acres of soil remain disturbed. The two (2) site inspections shall be separated by a minimum of two (2) full calendar days. In areas where soil disturbance activity has been VA temporarily or permanently ceased, temporary and/or permanent soil stabilization measures shall be installed and/or implemented within seven (7) calendar days from the date the soil disturbance activity ceased. The Town Stormwater Management Officer may require other inspections as necessary to determine compliance. As required by the Stormwater Management Officer, to obtain inspections the owner/operator or contractor shall notify the Town Enforcement Officials at least 48 hours before any of the following: • Start of construction. • Installation of erosion and sediment control measures. • Completion of site clearing. • Completion of rough grading. • Completion of final grading. • Close of the construction season. • Completion of final landscaping. • Successful establishment of landscaping in public areas. Specific maintenance components, schedule frequency, inspection parameters and remediation procedures are provided on the accompanying project plans. Any adjustments. or modifications to the maintenance pian shall be noted in the inspection reports and submitted to the Town for approval. After construction, all disturbed areas that will be vegetated shall be seeded in accordance with the project plans. The temporary erosion and sediment control measures will be maintained until ' final stabilization is achieved. Final site stabilization is achieved when all soil -disturbing activities at the site has been completed and a uniform, perennial vegetative cover with a density of 80 percent has been established or equivalent stabilization measures (such as the use of mulches or geotextiles) have been employed on all unpaved areas and areas not covered by permanent structures. Post - construction inspection and maintenance procedures for the various site components and stormwater management facilities shall be performed in accordance with the SWPPP. Geology Excavation will be necessary to obtain suitable grades for the residential units, roadways, and the installation of sanitary, water, drainage, and utility lines. According to the soil impact analysis, most of the development will occur in Bernardston silt loam soils. The Dutchess County Soil Survey indicates that the depth to bedrock ranges from zero to 60 inches. However, based upon the preliminary grading and borings, excavation and removal of bedrock is not anticipated. Therefore, blasting is not anticipated. Should rock be encountered, the type of rock will be evaluated to determine if mechanical means (i.e., chipping or excavation) can be used to remove the rock. The 8 ability to rip or excavate rock is determined by the type of excavator capable of removing it without blasting (i.e. dozer D8 or Hoe CAT235 or comparable). Blasting operations will only be resorted to if necessary. If blasting is found necessary, all blasting operations will adhere to New York State ordinances governing the use of explosives. The State regulations are contained in 12 NYCRR 39 and include such requirements as licensing of operators, magazine (explosive storage) certification, and rules for conducting operations in a safe manner. All pertinent safety regulations and standards shall be applied as required for safety, security and other related details for any blasting deemed necessary. Applicable safety regulations are: + 29 CFR 1910 OSHA Standards; • U.S. Army Corps of Engineers Safety Manual EM 385-1-1; • Code of Federal Regulations A.T.F. Title 27; • Institute of Makers of Explosives Safety Library Publications No. 22; and • 12 NYCRR 39. Proper program guidelines will be established among the State, the Town, and the blasting contractor prior to undertaking this activity. The project will obtain all applicable blasting certifications and complying with all blast safety requirements. In addition, a blast monitoring program will be implemented. The elements of such a program include, but are not limited to the following: • Precise engineering determination of the depth and location of onsite blasting. • Evaluation of the location of property lines and the structural nature of nearby buildings for determination of the maximum blast velocity for charges to be used. + Use of a seismograph to monitor each blast attempt and evaluate the blast velocity of the charges used. • Use of blast matting to minimize lifting of rock and debris during blasting. • Notification of surrounding residents and Iandowners. Storage of all explosive materials shall be located on the site at a location approved by the blasting Engineer. Caps or other detonating devices will not be stored with Class A explosives. Design of the powder magazine shall be in accordance with the references above. The security for explosives and blasting materials stored onsite will be in accordance with Engineer -approved requirements. Delivery and transportation of explosives from the powder magazines to the blast area will be by vehicles specifically designed for this use by the criteria outlined in the safety J requirements. Only authorized persons will transport and handle the explosives as designated by the authority of those licensed for this purpose. At all times federal, state, and local ordinances will be followed concerning the transportation and storage of explosives. The designated storage site, explosive transporting vehicles, and areas where explosives are being used shall be clearly marked and shall display the required warning signs. A daily tally of all explosives delivered, used and stored shall be maintained. Prior to blasting, necessary precautions for the protection of persons, adjoining property, and completed work shall be established, including: • Appropriate signs shall be erected in the area of blasting activities. • All adjoining property owners shall be mailed notification of the anticipated blasting schedule. • Notification of blasting at the site shall be published in newspapers prior to the blasting schedule. • A storm alert monitoring device shall be used by the blasting Contractor to detect any electrical build-up in the atmosphere at the blast area while using electrical caps. • Special care shall be taken with detonating cords and connectors to protect from the impact of falling rocks or other impeding objects. A Pre -Blast Survey and, where necessary, a Post -Blast survey will be completed. Findings The Town of Wappinger Town Board, upon due consideration of the Draft and Final E1Ss and the information derived from public hearings and meetings during the course of this SEQRA review, finds that the Proposed Action will not have a significant adverse impact on geology and soils. B. Topography and Steep Slopes Potential_Impacts and Proposed Mitigation Topography and Slopes The site topography varies in elevation from 256 feet, at the lowest elevation in the northwestern corner of the property, to 398 feet, at the highest elevation on a knoll in the 10 middle of the site. The topography of adjacent lands ranges from level on the east side of All Angels Hill Road to rolling north and south of the property to very steep in some areas of the property east and west of the hilltop. "Some minor rock outcrops are evident mainly on the western portion of the site. The site contains 129.51 acres (86.7%) of slight to moderate slopes consisting of less than 15% slope and 15.06 acres (10.1%) of 15% to less than 25% slope. The remaining acreage or 4.78 acres (3.2%) contains steep slopes (25% or higher slope). The Proposed Action will disturb approximately 71.58 acres, or 49 percent of the site. The majority of the soil disturbance associated with construction of the Proposed Action will consist of overall site grading; road construction; excavation of building foundations; parking area construction; stormwater management facility construction; existing utility relocation and/or abandonment; installation of new utilities; and removal and stockpiling of topsoil. The quality of the fill material will conform to all State and local code requirements. Any excess cut material shall be properly disposed of A preliminary cut -fill analysis was performed, which did not take utility construction or gravel importation into consideration since the utilities have not been completely designed. Based upon the preliminary cut -fill analysis, the proposed cut for the site is 396,863 cubic yards and the proposed fill for this site is 345,098 cubic yards. The site is balanced when 15% compaction is taken into consideration, since a minimum of 85 percent compaction is necessary for the mass grading and clustering of the Proposed Action. As part of the site plan approval process, a final cut -fill analysis will be performed. The Applicant .is requesting written approval from the Town of Wappinger, which is a MS4, to disturb more than five (5) acres of soil at any one time in order to obtain the necessary fill material to avoid having to initially import the needed material, which would require them to export excess material at the end of construction. The Proposed Action could not entirely eliminate all proposed steep slope disturbances or creation of new steep slope areas. Approximately 46 percent (or 60.21 acres) of the existing slopes within the zero to 15 percent category will be disturbed. Approximately 60 percent (or 9.03 acres) of the existing slopes within the 15 to 25 percent category will be disturbed. Approximately 49 percent (or 2.34 aces) of the existing slopes within the greater than 25 percent category will be disturbed. The proposed grading will result in the creation of approximately 14.97 acres of new steep slope areas for a total of 17.31 acres of steep slopes. The created steep slopes will be stabilized quickly to minimize excessive soil erosion and slope instability. Methods will include the temporary or permanent installation of vegetation, riprap armoring or erosion control matting. Stormwater runoff from upgrade areas will be directed away from the steep sloped areas during disturbance_ I1 Drainage Patterns In the pre -development conditions, stormwater runoff generally flows overland to the northern property line; to the northwestern stream (#H-101-4-2-1); and to the eastern stream (#H-95-10-1-1). Stormwater runoff flowing to the northern property line continues offsite and flows into a stream, which flows into the eastern side of Lake Oniad. Stormwater runoff flowing to the northwestern stream continues offsite and flows into the southern side of Lake Oniad. The released stormwater from Lake Oniad ultimately flows into the Wappinger Creek. Stormwater runoff flowing to the eastern stream continues offsite and ultimately flows into the Sprout Creek. In the post -development conditions, stormwater runoff outside the residential development will continue to flow overland in the same direction as in the pre - development conditions. The proposed topography of the residential development will generally convey stormwater runoff via sheet flow to onsite catch basins within the paved roads and parking areas or to grass swales. Localized low and high points have been created to aid in the collection of stormwater runoff. The collected stormwater will be conveyed via a closed pipe network or via grass swales to stormwater management systems for treatment. The treated stormwater will be released in a controlled manner to the wetlands prior to entering the northwestern and eastern streams. Temporary erosion and sediment control measures will be implemented during construction to minimize soil erosion and control sediment transport offsite. Permanent erosion and sediment control measures will be implemented after construction to control the quality and quantity of stormwater runoff from the developed site. Findings The Town of Wappinger Town Board, upon due consideration of the Draft and Final EISs and the information derived from public hearings and meetings during the course of this SEQRA review, finds that the Proposed Action will not have a significant adverse impact on topography and steep slope C. Vegetation and Wildlife Potential Impacts and Pro osed Mid at Vegetation and Cover Types The Proposed Action will require clearing of certain habitats. Earth moving (e.g., excavation, filling, and grading), operation of heavy machinery, construction, alteration of existing drainage patterns, addition of impervious surfaces, changes in traffic patterns, and increased human activity will occur on the property. Anticipated impacts from these activities are discussed below: 12 Successional Southern Hardwoods Loss - The proposed activities will require the removal of approximately 64 percent of this cover type from the property. Red Maple Hardwood Swamp- Development activities have been planned to avoid impacts to wetlands except for approximately 0.04 acres for the emergency access road. Scrub/Shrub Wetland - Development activities have been planned to avoid impacts to wetlands except for approximately 0.01 acres for the upgrade to the existing entrance road. Forest Fragmentation - The closed dense canopy in the forested area will be partially cleared to allow for development. The remaining young forest, however, will be preserved leaving protection for forest interior species from invasion of and competition with edge species. Potential fragmentation of the Successional Southern Hardwood forest habitats on this site is not anticipated to significantly alter site biodiversity because the proposed development is centralized and leaves a wooded periphery adjacent to the large wetland areas on the property. Habitat Fragmentation - Habitat fragmentation differs from forest fragmentation in that forest fragmentation is the practice of opening up closed forest canopy, allowing edge - oriented species to penetrate into areas of the forest that they probably would not reach before. While this adversely impacts forest interior species, it potentially benefits edge species. Habitat fragmentation is the separation and isolation of habitats and wildlife populations by placing impenetrable barriers between habitats that prevent mixing formerly connected or adjacent wildlife populations creating "habitat islands". The Proposed Action occurs almost entirely in the Successional Southern Forest habitat type and maintains a significant portion of this habitat, or about 48.37 acres, around the periphery of the development area especially where this habitat connects to other natural wetland habitat on the property. The clustering of the development area to one central location and preservation of the remaining habitat will maintain habitat connections and travel corridors for all wildlife species currently utilizing the property from the highly travelled avian species to less mobile herpetiles. Development barriers can be as minor as a 6 -inch curb on a road that prevents movement of amphibians, reptiles, or any small sized wildlife. Private fences around homes or lots if proposed, can prevent wildlife movement to and from breeding, nesting, or feeding areas such as the watercourse. Extensive concentrated clearing of overhead vegetation can also hinder summer movement of some wildlife, most notably amphibians, because of possible exposure to direct sunlight at midday in cleared areas, making it difficult for some species to travel without the risk of becoming desiccated. 13 A tree survey was conducted on December 27, 2011 through January 3, 2012 to identify the size, species, and health of all trees 20 inches or greater in diameter at breast height (dbh) within the proposed limits of disturbance. A total of 198 trees were identified. All of the trees located within the proposed limits of disturbance will be removed. Based upon the tree survey, a total of 146 trees will be removed. The majority of the Proposed Action is clustered on the hilltop and will develop the Southern Successional Hardwood forest area, which was observed to be very dense young aged woods. This area is regenerating pioneer forest that was most likely cleared 25 to 30 years ago and is not anticipated to reach full climax forest for many decades. The habitat is unlikely to support any of the listed threatened or endangered species. Of all the alternatives that were reviewed, the Proposed Action disturbed the least amount of forested area. The Proposed Action will require the clearing of all existing trees, regardless of size, located within the proposed limits of disturbance. As a result, 146 trees, with a dbh of 20 inches or greater, will be removed. The preserved contiguous forested wetland areas will continue to provide natural habitat and migratory corridors for many species. In addition, the Applicant is proposing extensive landscaping and tree plantings throughout the development. A total of 303 reforestation plants are proposed to be planted on the disturbed portion of the hilltop in addition to the proposed 430 street trees, 161 shade trees, 168 understory, 325 evergreens, and 797 shrubs. As a result, the Applicant is proposing to plant a total of 2,184 trees and shrubs. The limits of disturbance will be clearly delineated with orange construction fencing to ensure excess clearing does not occur and any tree preservation measures will be shown on the construction management plan when it is prepared as part of the FEIS. Therefore, no additional mitigation measures are proposed. Other Habitat Areas Other habitat aspects of the property that should be preserved include existing stonewalls and standing dead trees (snags). Old stonewalls provide microhabitats for small mammals, herptiles, and invertebrates. Snags provide perching, nesting, and feeding areas for a wide variety of wildlife. These elements or parts thereof should be protected where possible. A large portion of the existing stonewalls are located along the western property line and the border of NYSDEC wetland WF -6. These existing stone walls will remain, since the Proposed Action will not disturb this wetland. The snags are located along the border of NYSDEC wetland WF -6 and will remain, since the Proposed Action will not disturb this wetland or its associated 100 -foot adjacent area. Therefore, no mitigation measures are necessary. 14 Wildlife All Species - Direct impacts to wildlife biodiversity from the proposed development will primarily be displacement and some direct loss especially to species that spend a large percentage of their life cycle underground. Most species found on the property are typically found in suburban settings especially in Wappinger and may have already adapted to proximal human habitation. These species will remain on the developed portion of the property, though possibly in fewer numbers, as availability of basic habitat features (food, cover, and space) may be decreased in the developed areas. General Species Migration Patterns - The impact of habitat modification is most relevant for forest species, which includes most of the key species (forest interior birds, and mammals). No amphibians or reptiles were observed on the hilltop or surrounding uplands, but rather were concentrated at the western wetland area. The less mobile amphibians and reptiles are more vulnerable to migratory barriers, but on this site it appears that the dense successional southern forest community is already a barrier to herpetile movements from the western wetland east — no movements of this class of animal was documented during the surveys. Impacts to a property on a local level will not significantly affect large mammal, or migratory bird species movements since these species are highly mobile and not typically confined to small corridors within a property. The proposed project will impact 71.58 of 145.30 acres with the largest impacts associated with the Successional Southern Hardwood Forest and Unpaved Road/Path habitats. Regulated wetlands on the property are generally left completely intact and are considered the most likely migratory corridors for wildlife species on the property, especially the more sensitive species of amphibians and reptiles. The prime migratory corridors and wildlife destinations for breeding found in the regulated wetlands will remain. Threatened or Endangered Species - No other threatened or endangered species from the USFWS list or identified by the NYSDEC have the potential to be on the property, other than Indiana Bats or Blanding's Turtles. Species of Special Concern - There were no marbled, blue spotted, or Jefferson salamanders or evidence of breeding by these species on the property. Also, no spotted, eastern box, or wood turtles were observed on the property. The Proposed Action clusters the development in one area of the property and maintains the current existing wildlife corridors observed on the site during the field work. Erosion and sediment control measures have been incorporated to minimize soil erosion and to control sediment transport offsite during construction. The erosion and sediment control measures will contain and trap the sediment as close to its place of origin, preventing it from reaching the wetlands and watercourses. Specific mitigation measures to minimize 15 the potential impacts to the forested areas, wildlife, and threatened and endangered species are discussed below. Temporary wildlife displacement during construction is a short-term impact that will occur. As much as possible, earth moving and tree clearing activities should occur after the spring breeding season (April and May) to allow species to migrate and return unhindered to home areas and should be limited to the time period of October 1 to March 31 to avoid any direct impacts to Indiana bats potentially utilizing the property or the Project Biologist will supervise the removal of trees during the active period to ensure no Indiana Bats are impacted during tree removal. In addition, the US Fish and Wildlife Service in conjunction with the NYSDEC suggest that no dyes or chemicals be placed in stormwater detention facilities that could result in wildlife impacts. This will be incorporated into the development plan. In addition, curbs will exist on the proposed roads to discourage herpetiles from traveling over these surfaces. Migration of these species can occur around the Proposed Action since enough contiguous land will remain adjacent to the wetlands on the site. No other mitigation measure is required. Although not mitigated for impacts, general amphibian microhabitat requirements that will remain intact on the site include: • Breeding locations that hold water at least through July, • Woody debris in adjacent forested areas, • Canopy cover over breeding and foraging areas, and • Deciduous leaf litter for moisture retention and feeding. General reptile microhabitat requirements that will remain intact on the site include: • Woody debris (standing and down), • Small open patches for basking, mixed with well shaded areas during drought periods, • Undisturbed areas in and around wetlands for feeding and breeding, and • Access to safe den areas. The habitat requirements listed above will remain intact with this proposed development plan and because large contiguous portions of the property particularly adjacent to wetlands will remain in a naturalized state. The Red Maple Hardwood Swamp also known as NYSDEC regulated wetland WF -6, may be used by Blanding's turtles and Indiana bats as travel corridors or for foraging and will not be impacted by the proposed development. The entire wetland complex and the contiguous 100 foot adjacent area will not be directly or indirectly impacted and will remain in the current condition. Measures to minimize potential adverse effects are 16 outlined below. No other threatened or endangered species mitigation measures are required, since no impacts to any other listed species are anticipated. Indiana Bats The property is considered to possess potential foraging habitat for the Indiana Bat because there are suitable habitat components for foraging as described in the literature review that exist on the site (wetlands, edge habitat, canopy). However, the potential habitat will not be impacted since the areas are beyond the development zone. The trees observed in the proposed development area are generally second growth and young aged with a fairly uniform and dense canopy layer and did not contain the elements associated with suitable roosting or maternal colony locations such as exfoliating bark, good solar exposure, or noticeable holes or cracks. However, the wetlands on the property especially at the edges between habitats do possess potential foraging habitat. The proposed development construction will include such activities as tree clearing and grubbing, earth moving, and paving. These activities will result in effects including: loss of trees (potential foraging habitat), generation of dust and noise, potential for changes to surface water quality, increased lighting on the site, and increased human activity on the currently vacant property. The project sponsor proposes to avoid, minimize, and mitigate for these effects by: • Implementing tree clearing during timeframes when bats are not resident on the site October 1 to March 31 or the project Biologist will supervise the removal of trees during the active period to ensure no bats are impacted during their removal; Maintaining potential foraging habitat corridor since the proposed will be clustered — habitats remain intact except for the impacted acres; • Preserving the wetlands on the site to the maximum extent possible which can potentially be used by bats as travel corridors; • Implementing soil conservation and dust control best management practices, such as watering dry disturbed soil areas to keep dust down, and using staked, recessed silt fence and anti tracking pads to prevent erosion and sedimentation in surface waters on the site; • Prior to clearing, the limits of proposed clearing will be clearly demarcated on the site with orange construction fencing (or similar) to prevent inadvertent over - clearing of the site, and; • Stormwater pond(s) will not be maintained with any chemicals that might adversely affect bats or insect populations on which they may feed. 17 These measures will result in minimizing potential adverse effects to Indiana Bats. Blanding's Turtles The NYSDEC wetland WF -6 and adjacent Hoosic soil. uplands will be preserved, so that potential use by Blanding's turtles will not change. There was no other observable potential habitat on the property so that fragmentation of habitat is not anticipated. The forested area underlain by Hoosic soils is a candidate area for enhancement to make the area conducive for nesting. Outside the active season trees could be cut by hand to make this area more attractive or useful for nesting. In addition, NYSDEC recommended mitigation measures will be used on the property during development activities. The following measures will be incorporated to assure that any potential impacts are avoided and minimized: • Temporar_y Barrier A temporary restrictive barrier in the form of silt fencing will be installed around the perimeter of the disturbance footprint. • Blandings Turtle Monitor The project will employ a monitor to assure that all the stated measures are implemented, and to monitor for potential impacts. The monitor must be a qualified biologist that has knowledge of Blanding's turtle ecology and relocation procedures; the biologist must also have experience handling Blanding's turtles and be licensed by New York State to do so. • Trap Hazard Protection To prevent possible entrapment of Blanding's turtles, the storm drain grates will be designed with the smallest possible grate opening without compromising safety or necessary flow rate while meeting the Town standards. Below -ground swimming pools should be surrounded by fencing to exclude turtles of all age classes. Fine grade wire cloth (114 inch square mesh size) at the base of a picket fence or a 10" - 12" high barrier can be used to prevent turtles from traveling into the hazard area. Window wells should have grates (1 inch square mesh size or less) or 10" - 12" high vertical barriers surrounding the well. Findinis The Town of Wappinger Town Board, upon due consideration of the Draft and Final EISs and the information derived from public hearings and meetings during the course of 18 this SEQRA review, finds that the Proposed Action will not have a significant adverse impact on vegetation and wildlife. D. Wetlands Potenfial Impacts and Proposed Mitigation There are two areas of direct wetland impact totaling 0.061 acres. The locations and amount of disturbance are described below: • The first location is where the proposed Road "A" crosses the existing twin 30 - inch corrugated metal pipe (CMP) culverts between USACE-Town wetlands FIG and H/J. A portion of Road "A" will disturb USACE-Town wetlands FIG and H/J. Approximately 589 square feet ( 0.014d- ac) of wetland FIG and 405 square feet ( 0.009 f ac) of wetland H/J will be disturbed during the replacement of the existing twin 30 -inch CMP culverts, installation of utilities, and associated grading_ • The final location is north of the southern property line where the emergency access road (Road "E") will connect to the adjacent Shamrock Hills subdivision. A portion of the emergency access road will disturb USACE-Town wetland E. Approximately 1,660 square feet (0.038f acres) of the 100 foot Town wetland buffer will be disturbed for the installation of the emergency access road, culvert, utilities, and associated grading. There are three locations of Town wetland buffer disturbance totaling 1.31 acres. The locations and amount of disturbance are described below: • The first location is where the proposed Road "A" crosses the existing twin 30 - inch corrugated metal pipe (CMP) culverts between USACE-Town wetlands FIG and H/J. The total amount of disturbance associated with the removal of the existing driveway and installation of Road "A", the sidewalk, replacement of the existing twin 30 -inch CMP culverts, utility installation, and associated grading is 34,634 square feet (0.80± acres). Replacement of the existing culverts is- necessary snecessary to maintain the hydrology in this location. • The second location is on the western side of USACE-Town wetlands F/G and N and Sylvia Drive. Approximately 6,762 square feet (0.16± acres) of the 100 foot Town wetland buffer will be disturbed as a result of the minor grading behind the proposed single family homes S129 through S132, and the installation of a retaining wall the proposed townhome units T39 through T41. • The final location is north of the southern property line where the emergency access road (Road "E") will connect to the adjacent Shamrock Hills subdivision. Approximately 15,574 square feet (0.36+- acres) of the 100 foot Town wetland 19 buffer will be disturbed for the installation of the emergency access road, 30 -inch HDPE culvert, utility installation, and associated grading. Installation of the culvert is necessary to maintain the hydrology in this location. The most significant wetland functions based on assessment are floodflow attenuation, sediment trapping, and wildlife habitat. The total of 0.061 acres of impact amounts to. 0.15 percent of the wetlands on the property and is not a substantial impact to significantly alter any of the functions provided by the wetlands. The wetland impacts cannot be avoided because of the improvement required to the existing access road off of All Angels Hill Road and the provision of an emergency road to connect to Shamrock Hills Road that must cross a small section of Wetland E or the ephemeral watercourse. No significant impacts to any of the wetland functions or buffers on the property will occur from alteration of the site drainage patterns due to the stormwater management plan or impacts from a sewage treatment facility. A full SWPPP is provided that details the site drainage impacts. No activities are proposed in the wetland areas, except for the emergency access road crossing and entrance road improvements that total only 0.061 acres. No activities are proposed in the NYSDEC regulated adjacent area. No activities are proposed in the Town wetland buffer, except for the emergency access road crossing, entrance road improvements, and minor grading that total 1.32 acres. No groundwater impacts are anticipated, since the project will rely on municipal water and sewer. A Nationwide Permit 929 for Residential developments will be required from the USACE for the proposed wetland impact associated with the entrance road improvement. In addition, a Town of Wappinger approval is required in accordance with Chapter 137 — Freshwater Wetland, Waterbody, and Watercourse Protection of the Town Code. The Applicant has analyzed several different alternative layouts and designs to avoid all wetland impacts. Under all the alternatives, the impacts to wetlands varied minimally from the impacts generated by the Proposed Action. The Applicant recently redesigned the internal road layout such that the impacts to wetlands have been significantly reduced when compared to the original crossing design for the emergency access road. Impacts associated with the entrance road improvement could not be avoided but were minimized by limiting the grading only to the area necessary for the road improvement to Town standards. In addition, the areas of proposed disturbance were previously disturbed for the installation of the existing entrance road. The emergency road crossing from Shamrock Hills Drive into the parcel could be accomplished by using a 3 -sided box culvert or a bridge, since this area is a small rocky bottom tributary. However, this will result in unavoidable disturbance to the banks because of the grades in the crossing location that must connect to Shamrock Hills Road. Therefore, the 3 -sided box culvert and bridge were eliminated as potential crossing options. 20 Findings The Town of Wappinger Town Board, upon due consideration of the Draft and Final EISs and the information derived from public hearings and meetings during the course of this SEQRA review, finds that the Proposed Action will not have a significant adverse impact on wetlands. E. Surface Water Resources PotentialImpacts and Proposed Mitigation Impacts to water resources often involve both direct and indirect impacts. Direct impacts as a result of the Proposed Action could include building in a floodplain; and changing the hydrologic and hydraulic characteristics of a watershed. Indirect impacts as a result of the Proposed Action could consist of the degradation of water quality from stormwater runoff; an increase in runoff volume and/or a reduction in aquifer recharge due to increased impervious surface area; sediment deposition; nutrient enrichment of and pollutant accumulation in wetlands; or increased stream flow due to an increase in stormwater runoff volume. Post -Development Conditions As a result of the Proposed Action, approximately 89.81 acres, or 60 percent of the property will be within the Wappinger Creek watershed and approximately 59.53 acres, or 40 percent of the property will be within the Sprout Creek watershed. Even though there is a change in the amount of area located within the two watersheds, the post - development peak rate of runoff leaving the site will not increase and therefore will not adversely impact to the two watersheds and creeks as a result of the development. Stormwater runoff outside the residential development will continue to flow overland in the same direction as in the pre -development conditions. The proposed topography of the residential development will generally convey stormwater runoff via sheet flow to onsite catch basins within the paved roads and parking areas or to grass swales. Localized low and high points have been created to aid in the collection of stormwater runoff. The collected stormwater will be conveyed via a closed pipe network or via grass swales to stormwater management facilities for treatment. The treated stormwater will be released in a controlled manner to the onsite wetlands prior to entering the northwestern and eastern streams. Stormwater runoff will be released from the site at a rate equal to or less than that which existed prior to development of the property. The required Federal, State, and/or Local permits related to stormwater, wetlands, and surface waters for this project include: 21 • NYSDEC, SPDES General Permit for Stormwater Discharges from Construction Activity (GP -0-10-001). • USACE, Section 404 Clean Water Act. • USACE, Nation Wide 29 Residential Development Water Pollution Sources The potential pollutant sources during construction of the Proposed Action include sediment, vehicle fuels and lubricants, chemicals associated with building construction, and building materials. The potential pollution sources after construction include sediment, fertilizers, debris, litter, and potential auto fluids from roadways. The Proposed Action will implement Best Management Practices (BMPs), which will minimize the water quality impacts to receiving waters. Therefore, no adverse impacts to any onsite watercourses or offsite downstream watercourses and/or water bodies are anticipated. Onsite and Offsite Watercourse Hydrology Analysis Temporary erosion and sediment control measures will be implemented during construction to minimize soil erosion and control sediment transport offsite. Permanent erosion and sediment control measures will be implemented after construction to control the quality and quantity of stormwater runoff from the developed site. The proposed stormwater management facilities will treat the stormwater runoff generated from the proposed development prior to discharging in a controlled manner to the two onsite streams located within the onsite wetlands. Therefore, no adverse impacts to any onsite watercourses or offsite downstream watercourses and/or water bodies are anticipated. Findings The Town of Wappinger Town Board, upon due consideration of the Draft and Final EISs and the information derived from public hearings and meetings during the course of this SEQRA review, fords that the Proposed Action will not have a significant adverse impact on surface water resources. F. Community Services and Facilities Potential Impacts and Proposed Mitigation Police Protection The Proposed Action will be adding 225 residential units to the Town of Wappinger, resulting in an increased in demand for police protection, as with all development. Full build out of the Proposed Action represents a small percentage (2.7%) of the conservatively estimated total of 8,466 residential housing units from the 2000 Census in 22 the Town of Wappinger. As a result of the increased demand, there is potential for an increase in the costs to provide these services. The service ratios of the New York State Police Department will be increased by approximately 20 people per trooper and Dutchess County Sheriffs Department will be increased by approximately 18 people per deputy. In 2010 the County Tax revenue generated by the undeveloped site was $6,443.04, or 2.83 percent of the total tax levy from the property based on a Total Assessed Value of $2,273,800. Upon completion, the total assessed value of the property will increase thereby increasing the amount of tax revenue generated. A detailed fiscal impact analysis could not be performed, since budget information for the New York State Police and Office of the Dutchess County Sheriff was not available. However, the increase in tax revenue generated by the Proposed Action can cover or assist in covering any potential cost increases. Based upon a discussion with the New York State Police Department and the Dutchess County Sheriffs Department, it is not anticipated that either of the stations will have any difficulties providing police protection for the Proposed Action. The increase in the service ratios are minimal and will pose no significant impact on the dedication of manpower. In addition, the increase in tax revenue generated by the Proposed Action assist in providing for any potential increase in expected police protection coverage. Therefore, no significant impacts to the ability of the New York State Police Department or the Dutchess County Sheriffs Department to protect the proposed residents are anticipated. Fire Protection The Proposed Action will be adding 225 residential units to the Town of Wappinger, resulting in an increased in demand for fire protection services, as with all development. As a result of the increased demand, there is potential for an increase in the costs to provide these services. In addition, there will be an increase in the water demand. In 2010, the New Hackensack Fire District Tax revenue generated by the undeveloped site was $1,160.62, or 0.51 percent of the total tax levy from the property based on a Total Assessed Value of $2,273,800. The fiscal impact analysis was expanded to determine the fiscal impacts of the Proposed Action on the Fire District. The Proposed Action is expected to generate $29,692 net tax revenue. Based upon a discussion with Chief Anderson, the New Hackensack Fire District would have no difficulty providing fire protection to the Proposed Action. In addition, the surplus tax revenue generated by the Proposed Action can cover or assist in covering any potential cost increases. Therefore, no significant impacts to the New Hackensack Fire Department's ability to protect the Proposed Action from fires are anticipated. 23 Emergency Medical Services The Proposed Action will be adding 225 residential units to the Town of Wappinger, resulting in an increased demand for emergency medical services, as with all development. As a result of the increased demand, there is potential for an increase in the costs to provide these services. The Proposed Action will add minimal impact to the emergency medical services. In addition, the surplus tax revenue generated by the Proposed Action can cover or assist in covering any potential cost increases. Therefore, no significant impacts to the emergency medical services as a result of the Proposed Action are anticipated. Therefore, no mitigation measures are proposed. In 2010 the Town Wide Ambulance Tax revenue generated from the undeveloped site was $446.71, or 0.20 percent of the total tax levy from the property based on a Total Assessed Value of $2,273,800. The fiscal impact analysis was expanded to determine the fiscal impacts of the Proposed Action on the ambulance district. The Proposed Action is expected to generate $5,373 net tax revenue. Schools The Proposed Action is an age -restricted development; therefore, no school aged children will reside in the development. According to the Fiscal Impact Analysis, the proposed project will generate more than $750,000 of annual property tax revenue to the Wappingers Central School District. Parks, Recreation, and Library Facilities The Town of Wappinger Zoning Law requires 50% of the lot area be set aside as open space. In addition, the Town's Master Plan recommends planning projects such that open spaces will be interconnected thereby providing "boundless opportunities for low-cost recreation". As such, the Applicant is proposing to provide approximately 73.72 acres of open space, or 51 percent of the property. The open space area on the property is generally characterized as deciduous forest and forested wetland. As such, these areas are ideal for passive recreation, including walking, hiking, and nature study. Recreational facilities proposed on the property include a club house, swimming pool, tennis court, and open space area for community events. These facilities are located within the gated community; therefore, they will only be open to the residents of the Hilltop Village at Wappinger community. It is anticipated that majority of the residents will utilize the recreational facilities provided on the property. The HOA will be responsible for maintenance of all open space and recreational facilities. In addition, the Proposed Action now includes recreation fees in the amount of $1.125 million to be paid by the Applicant to the Town. No additional mitigation measures are proposed. The Proposed Action will generate more than $58,000 in surplus income to the Town each year, which can be used to provide for any potential increase in recreational facility 24 use. In addition, the surplus tax revenue generated by the Proposed Action can cover or assist in covering any potential cost increases. Therefore, no additional mitigation measures are proposed. e Proposed Recreational Resources Offered to the Town Future Development Parcel According to the Town of Wappinger Comprehensive Plan, a survey was conducted in 2004 and one of the most requested amenities was for a new larger senior center. A 1.4 acre parcel along the proposed Road "A" is being offered for dedication to the Town of Wappinger. The Proposed Action will generate a surplus of more than $58,000 to the Town of Wappinger each year, which could be used to cover any potential cost increases. Therefore, no mitigation measures are proposed. This area is not included within the 73.72 acres of permanent open space. Should the Town not accept the offer of dedication, then the Future Development Parcel will be retained and will be maintained by the HOA. As such, no mitigation measures will be necessary if the offer of dedication to the Town is declined. Robinson Lane Recreation Parcel According to the Town of Wappinger Comprehensive Plan, the Town is looking at lands around Robinson Lane Park for potential acquisition for recreational purposes. The Owner currently owns a 51.7 acre parcel on Robinson Lane adjacent to the existing Town Recreation Center on Robinson Lane and is currently offering this parcel in dedication to the Town of Wappinger for recreational purposes. The parcel contains old field areas as well as wetlands and regulated buffer area; however, there is approximately 21.24 acres of useable space. One example use was developed to show that this parcel is suitable for passive and active recreation including expansion of existing athletic fields and supporting infrastructure. The Proposed Action will generate a surplus of more than $58,000 to the Town of Wappinger each year, which could be used to cover any potential cost increases. Therefore, no mitigation measures are proposed. This area is not included within the 73.72 acres of permanent open space. Should the Town not accept the offer of dedication, then the parcel will be retained by the Owner. As such, no mitigation measures will be necessary if the offer of dedication to the Town is declined. Library Grinnell Library has an operating income of $439,624 and has 41,230 books, 2,655 audio materials, 3,383 video materials, 14 state licensed databases, 8 other licensed databases, and 91 print serial subscriptions. In 2010 the Grinnell Library Tax revenue generated 25 from the undeveloped site was $545.11, or 0.24 percent of the total tax levy from the property based on a Total Assessed Value of $2,273,800. The fiscal impact analysis was expanded to determine the fiscal impacts of the Proposed Action on the library district. The Proposed Action is expected to generate $6,297 net tax revenue. Findings The Town of Wappinger Town Board, upon due consideration of the Draft and Final EISs and the information derived from public hearings and meetings during the course of this SEQRA review, finds that the Proposed Action will not have a significant adverse impact on community services and facilities. G. Community Character, Land Use, and Zoning Potential Impacts and Proposed Mitigation Community Character The Proposed Action will introduce single-family homes and townhomes onto the project site. The Proposed Action clusters the majority of the residences and club house toward the interior of the property utilizing the existing topography and landscape. Additional landscaping was added along the property lines reducing the project's visual impact from the adjacent properties and surrounding road network. Therefore, the residences and club house will not be highly visible to where they would seem out of character with other existing homes in the immediate surrounding area. The Applicant intends on developing the site with a variety of architectural designs to avoid creating a monotonous housing development. The proposed homes will consist of an attractive ranch style house, two-story house, and townhouse unit with an attached two car garage. A one car garage option will also be available. The use of multi -leveled gables, ornamental cornices, arches, decorative windows, architectural roof materials, and landscaping will provide a residential development which exceeds the architectural design of most of the existing and new developments within the region. The combination of natural corridors and street trees will further join developed areas with open space areas. The proposed building designs are at a minimum consistent with the existing homes in the surrounding area. The design and placement of all of the buildings will not have an adverse impact on the community character. The site layout utilizes the existing topography to minimize visibility and perceived scale of the buildings and to blend with the existing landscape. Upon completion of the project, approximately 51 percent of the site will remain as permanent open space, which will be forested and undeveloped. In addition, decorative landscaping and screening will be installed within the developed areas to reduce the visibility of the Proposed Action from the surrounding area. Therefore, there are no potential impacts on the surrounding community character. To the extent possible, existing topography and landscape was utilized to minimize the visibility of the proposed project. This helps to maintain consistency with the existing character of the area. Approximately 51 percent of the property will remain as permanent open space which is consistent with the surrounding community character as well. Therefore, no additional mitigation measures are proposed. Land Use The Proposed Action will consist of 132 single-family homes, 93 townhomes, a club house, and recreational amenities. A large portion of the site will be developed; however, approximately 51 percent of the site will remain as permanent open space. The site layout makes use of the natural landscape as much as possible to help to screen buildings from view. The Proposed Action will provide additional housing in a part of the Town where the predominant land use is residential housing and is compatible with the majority of the surrounding land uses. The proposed land use is consistent with the surrounding residential land uses. There are no potential impacts on the surrounding land uses. Therefore, no additional mitigation measures are proposed. Zoning The Applicant has petitioned the Town Board to change the zoning of the entire property from R-40 and COP to Multifamily Residence (RMF -3) District to permit the Proposed Action. The Proposed Action will introduce a new residential zone consistent with the surrounding residential zones that are predominately R-20 and R-40. However, the Proposed Action conforms to the RMF -3 zoning requirements. Therefore, there are no potential impacts on zoning. Planning Documents The Proposed Action has incorporated several of the goals and principles of the planning documents including the Town of Wappinger Comprehensive Plan, Greenway Connections, Directions: The Plan for Dutchess County, and the Town of Wappinger Recommended Model Development Rights. The Proposed Action is consistent and compatible with these documents. Therefore, no mitigation measures are required. Findings The Town of Wappinger Town Board, upon due consideration of the Draft and Final EISs and the information derived from public hearings and meetings during the course of this SEQRA review, finds that the Proposed Action will not have a significant adverse impact on community character, land use, and zoning. 27 H. Socioeconomic Issues Potential Impacts and Proposed Mitigation Town and School District Detailed assessment of 2009-2011 Town and School District costs and revenues, and calculations of estimated costs and revenues associated with the Proposed Action shows that an Active Adult residential use on this site would be financially beneficial to both the Town and the local Schools. Residents of an Active Adult community would pay a surplus of funds to the schools and the town, even with a portion of the households claiming an Enhanced STAR tax exemption. With the entire project sold at market rates, the net public surplus would rise to more than $810,000 annually; with almost $752,000 in surplus income going to the Wappingers Central School District each year. Fire District Detailed assessment of New Hackensack Fire District costs and revenues, and calculations of estimated costs and revenues associated with the Proposed Action shows that an Active Adult residential use on this site would be financially beneficial to the fire district. Residents of the Proposed Action would pay a surplus of more than $29,000 to the fire district. Ambulance District Detailed assessment of Ambulance District costs and revenues, and calculations of estimated costs and revenues associated with the Proposed Action shows that an Active Adult residential use on this site would be financially beneficial to the ambulance district. Residents of the Proposed Action would pay a surplus of more than $5,000 to the ambulance district. Library District Detailed assessment of Library District costs and revenues, and calculations of estimated costs and revenues associated with the Proposed Action shows that an Active Adult residential use on this site would be financially beneficial to the library district. Residents of the Proposed Action would pay a surplus of more than $6,000 to the library district. The Proposed Action will be adding 225 residential units to the Town of Wappinger, resulting in an increased in demand for police protection, fire protection, and emergency medical services, as with all development. In addition, the Proposed Action will potentially cause an increase in the use of the library and recreational facilities. There will be no potential impacts to the School District, since the Proposed Action is age restricted and will not generate any school age children. The surplus revenues generated 28 by the Proposed Action can cover or assist in covering any potential cost increases. Therefore, no additional mitigation measures are proposed. Findings The Town of Wappinger Town Board, upon due consideration of the Draft and Final EISs and the information derived from public hearings and meetings during the course of this SEQRA review, finds that the Proposed Action will not have a significant adverse impact on socioeconomics. L Cultural Resources Potential Impacts and Proposed MiWation Historic and Archaeological Resources The Phase IA and Phase 1B was submitted to the New York State Office of Parks, Recreation and Historic Preservation on October 18, 2011. Based upon the Phase IA and Phase 113 results, no adverse impacts to places listed or eligible for listing on the State or National Register of Historic Places are anticipated as a result of the Proposed Action. Therefore, no mitigation measures are necessary. Visual Resources The Proposed Action will generally not alter the existing views of the adjacent property owners. The buffer of natural open space between the proposed units and property line varies from approximately 100 feet to over 900 feet along the western, side of the property. The views that will be seen from the adjacent properties are described below. • The view looking north from the residential properties along Tor Road will be primarily the same. The existing trees along the property line will be preserved to the greatest extent. • The view looking east will be unchanged. The existing wetland and forested areas have been preserved. • The view looking south from the commercial property and residential properties will be primarily the same. The existing trees along the property line will be preserved to the greatest extent. • The view looking west across All Angels Hill Road and along All Angels Hill Road will be changed. 29 In general, the view from adjacent properties will not change as a result of the Proposed Action, given the existing and proposed topography coupled with land preservation, wetlands surrounding the developed area, and extensive landscaping. The proposed units will complement the existing dwellings within the vicinity of the property. There are areas where clearing and grading activities will occur close to the property line; however, these areas are isolated and extensive landscaping is proposed in order to maximize screening of the units. The design and placement of all of the buildings will not have an adverse impact on the community character. The site layout utilizes the existing topography to minimize visibility and perceived scale of the buildings and to blend with the existing landscape. In addition, decorative landscaping and screening will be installed within the developed areas to reduce the visibility of the Proposed Action from the surrounding area. Within the development, the Applicant will provide trees on both sides of the street, outside of the street right-of-way, which will be spaced approximately 40 feet on center. As a result of the preservation of the existing vegetation and the proposed landscaping, the residences will not be highly visible to where they would seem out of character with other existing homes in the immediate surrounding area. Therefore, no additional mitigation measures are proposed. Property Lighting The site lighting was designed to ensure no objectionable glare was directed to adjoining streets, homes and properties. Lighting was limited to the amount and intensity necessary for safety, security and to complement architectural character. A maximum of 0.5 footcandles was held at the property line to limit illumination beyond the property line in accordance with the Town of Wappinger regulations. Dark sky compliant fixtures were selected, since they cast light downward only and provide just the right amount of light exactly where it is needed. There is one instance where the cast lighting extends over the property line and this occurs at the intersection of Road "A" and All Angels Hill Road. Approximately 0.25 footcandles is measured at the property line, which is less than the allowed maximum. The hours of operation will be from to dusk to dawn in order to ensure the safety of the residents. Up lighting will only be used to illuminate the proposed entrance feature only. Landscaping will be provided around entrance feature, which will mask the proposed accent lights and mute the lighting cast. The proposed lighting is not anticipated to adversely impact adjoining streets, homes and properties. Therefore, no additional mitigation measures are proposed. Findings The Town of Wappinger Town Board, upon due consideration of the Draft and Final ElSs and the information derived from public hearings and meetings during the course of 'gut this SEQRA review, finds that the Proposed Action will not have a significant adverse impact on cultural resources. J. Stormwater Management Potential Impacts and Proposed Mitigation Post -Development Conditions The post -development ground cover will consist of impervious surfaces (e.g., pavement, buildings, and sidewalks), woods, grass, and water surfaces (i.e., stormwater management ponds). Additional grass and landscaping areas will be added to the site. Approximately 24.20 acres of additional impervious coverage will be added to the site. Therefore, the total impervious coverage is 25.53 acres, or 17.1 percent of the site. As a result of the proposed development, approximately 89.81 acres, or 60 percent of the site will be within the Wappinger Creek watershed and approximately 59.53 acres, or 40 percent of the site will be within the Sprout Creek watershed. Even though there is a change in the areas located within the two watersheds, the proposed stormwater management facilities will treat the stormwater runoff generated from the proposed development prior to discharging in a controlled -manner. Therefore, no adverse impacts to the two watersheds and creeks are anticipated as a result of the development. Stormwater runoff outside the residential development will continue to flow overland in the same direction as in the pre -development conditions. The proposed topography of the residential development will generally convey stormwater runoff via sheet flow to onsite catch basins within the paved roads, parking areas or to grass swales. Localized low and high points have been created to aid in the collection of stormwater runoff. The collected stormwater will be conveyed via a closed pipe network or via grass swales to stormwater management systems for treatment. The stormwater management systems consist of five micropool wet extended detention ponds and two bioretention areas. The treated stormwater will be released in a controlled manner to the wetlands prior to entering the northwestern and eastern streams. Stormwater runoff will be released from the site at a rate equal to or less than that which existed prior to development of the Proposed Action. Potential Water Quality Impacts Stormwater runoff from developed land is recognized as a significant contributor of pollution that can adversely affect the quality of the receiving waters. Stormwater runoff can contain winter maintenance materials, fertilizers, and pesticides. Potential Thermal Impacts on Receiving Waters Stormwater BMPs are designed to remove pollutants from stormwater runoff and use the peak discharge control method for controlling the impacts of stormwater runoff; however, 31 they may increase runoff temperature thus adversely affecting receiving cold water streams and the habitats of cold water fish species, such as trout. Degraded riparian buffers reduce water quality values, reduce wildlife and fish populations, and cause serious property damage (bank erosion). Removal of riparian vegetation results in increased water temperatures and decreased dissolved oxygen. The loss of shade exposes soils to drying out by wind and sunlight and reduces the water storage capacity of the riparian area. Loss of riparian vegetation causes streambank erosion. Eroding banks contribute to sedimentation and lead to a wide shallow stream with little habitat value. These factors result in significant reductions in aquatic stream life. The addition of impervious surfaces can increase stream temperature. Impervious surfaces absorb solar radiation, which raises their temperature and when a storm event occurs, some of the heat is transferred to the water falling on these surfaces. The heated runoff eventually flows into streams and raises their temperature. Impervious surfaces also reduce infiltration thus decreasing baseflows, which have a cooling effect on stream temperature since groundwater is usually maintained at a relatively constant temperature. Discharges from stormwater management ponds can increase stream temperature. Permanent pools can act as a heat sink between storm events during hot weather. The water can be significantly warmer than naturally occurring baseflow in the receiving waters. The heated discharge eventually flows into streams and raises their temperature. To promote runoff reduction, green infrastructure techniques were incorporated into the planning, design and layout of the Proposed Action which include conservation of natural areas; preservation of naturally vegetated buffers; reduction in the amount of clearing and grading; provision of open space and its design; tree conservation and new tree plantings; rooftop and overland flow disconnection; vegetated open channels; and volume reduction through alternative practices. To avoid and minimize impacts to downstream wetlands, watercourses, and/or water bodies the following were incorporated: • Erosion and Sediment Control measures were designed in accordance with the New York State Standards and Specifications for Erosion and Sediment Control, latest revision, to minimize sedimentation impacts on the water quality of streams and wetlands, and to protect wetland functions and values. • Standard stormwater Best Management Practices (BMPs) were designed in accordance with the New York State Stormwater Management Design Manual, latest revision, to minimize stormwater runoff to streams and wetlands to protect aquatic functions and values. 32 • Stormwater management facilities were designed to provide the level of treatment necessary to ensure that stormwater discharges will not result in degradation of the physical, chemical or biological integrity of the receiving waters. • Pollution prevention controls (a.k.a. good housekeeping practices) were designed to maintain a clean and orderly work environment as well as control the possible exposure of harmful substances and materials to stormwater runoff. • Application of green infrastructure practices, which incorporates non-structural and natural approaches to reduce the effects on watersheds by conserving natural areas, reducing impervious cover, and better integrating stormwater treatment. • Establishment of a 100 foot buffer around the regulated wetlands in accordance with NYSDEC Chapter X Part 664 "Freshwater Wetlands Maps and Classification" and Town of Wappinger Town Code Chapter 137 "Freshwater Wetland, Waterbody and Watercourse Protection". Post -construction inspections and maintenance will be performed by the HOA. In accordance with the Town of Wappinger Town Code, a formal maintenance agreement for the stormwater management facilities shall be executed and binding on all subsequent land owners. The formal maintenance agreement shall be recorded in the office of the Dutchess County Clerk as a deed restriction on the property. . Findings The Town of Wappinger Town Board, upon due consideration of the Draft and Final EISs and the information derived from public hearings and meetings during the course of this SEQRA review, finds that the Proposed Action will not have a significant adverse impact on stormwater management. K. Vehicular and Pedestrian Circulation Potential Impacts and Proposed Mitigation Site -generated traffic volumes were computed based on the combined total of 225 detached senior housing units by applying the formulas developed by ITE for Land Use Code 251, "Senior Adult Housing -Detached". The single land use type was chosen since it results in slightly higher volumes when compared to Land Use Code 252, "Senior Adult Housing -Attached" and therefore, calculating the site -generated trips for all units based on this Code provides a more conservative analysis. It is anticipated that the site will generate approximately 17 entering vehicles and 32 exiting vehicles during the weekday AM Peak Hour and 37 entering vehicles and 24 exiting vehicles during the weekday PM Peak Hour. 33 Study Intersections The impact findings for each of the study intersections are outlined below. 1. All Angels Hill Road and Myers Corners Road -- The traffic associated with the project will not have an adverse impact on this intersection as the overall Levels of Service will remain the same between the No -Build and Build conditions during both the AM and PM Peak Hours. 2. All Angels Hill Road and Kent Road/Cider Mill Loop — The traffic associated with the project will not have an adverse impact on this intersection as the overall Levels of Service will remain the same between the No -Build and Build conditions during both the AM and PM Peak Hours. 3. All Angels Hill Road and Hilltop Drive — The traffic associated with the project will not have an adverse impact on this intersection as the overall Levels of Service will remain the same between the No -Build and Build conditions during both the AM and PM Peak Hours. 4. All Angels Hill Road and Brown Road — The traffic associated with the project will not have an adverse impact, since the minimal volume increase does not significantly impact this intersection. 5. All Angels Hill Road and Old Hopewell Road — The traffic associated with the project will not have an adverse impact on this intersection as the overall Levels of Service will remain the same between the No -Build and Build conditions during both the AM and PM Peak Hours. 6. All Angels Hill Road and NYRoute 82 — The traffic associated with the project will not have an adverse impact on this intersection as the overall Levels of Service will remain the same between the No -Build and Build conditions during both the AM and PM Peak Hours. 7. All Angels Hill Road and New Hackensack Road — The volume increase does not significantly impact this intersection; therefore, the project related impact may be characterized as minimal. It should be noted that these Levels of Service reflect conditions during the peak hours, representing a worst-case scenario when traffic volumes are greatest. At all other non -Peak Hour times this intersection will operate at better -quality Levels of Service. S. All Angels Hill Road and Route 376 — The volume increase does not significantly impact this intersection; therefore, the project related impact may be characterized as minimal. It should be noted that these Levels of Service reflect conditions during the peak hours, representing a worst-case scenario 34 when traffic volumes are greatest. At all other non -Peak Hour times this intersection will operate at better -quality Levels of Service. 9. Old Hopewell Road and Balfour Drive — The traffic associated with the project will not have an adverse impact on this intersection as the overall Levels of Service will remain the same between the No -Build and Build conditions during both the AM and PM Peak Hours. 10. Old Hopewell Road and Cedar Hill Road — The traffic associated with the project will not have an adverse impact on this intersection as the overall Levels of Service will remain the same between the No -Build and Build conditions during both the AM and PM Peak Hours. 11. Myers Corners Road and Kent Road — The traffic associated with the project will not have an adverse impact on this intersection as the overall Levels of Service will remain the same between the No -Build and Build conditions during both the AM and PM Peak Hours. 12. All Angels Hill Road and Widmer Road — The traffic associated with the project will not have an adverse impact on this intersection as the overall Levels of Service will remain the same between the No -Build and Build conditions during both the AM and PM Peak Hours. 13. All Angels Hill Road and Tye Lane — The traffic associated with the project will not . have an adverse impact on this intersection as the overall Levels of Service will remain the same between the No -Build and Build conditions during both the AM and PM Peak Hours. The Proposed Action will have no significant impacts on the operating conditions of the adjacent roadways and intersections during the Peak Hours. The impacts of the Build traffic volumes would in fact be much less than that of the as -of -right traffic. These Levels of Service reflect conditions during peak hours representing a worst-case scenario when traffic volumes are greatest; at all other non -Peak Hour times all intersection will operate at better Levels of Service. Therefore, no improvements are necessary for the intersections in the study area in order to mitigate project -related impacts. However, based upon discussions with the Dutchess County Department of Public Works, the Applicant is proposing to widen the road on Angels Hill Road to accommodate a new left turn lane. Road Maintenance Road "A" will be built to Town of Wappinger Highway Specifications and dedicated to the Town; therefore, it will be a public road and maintained by the Town. The remaining 35 roads within the development will be private and maintained by the Homeowner's Association with no burden on the Town. Pedestrian Access, Safety, and Circulation Sidewalks will be provided on one side of the roadways internal to the site to minimize impervious surfaces. Given the restricted access to the community, traffic will be limited. This will allow for pedestrians to safely cross the roads to access sidewalks. Thus, sidewalks are not needed on both sides of the road. Construction Traffic Construction vehicle access to the property will be from All Angels Hill Road. The existing access road will allow construction vehicle movements onto the property and unit sites. The construction entrance pad will be installed at the proposed access point adjacent to Flavormatic. The following general guidelines for pad construction will be followed: • Stone size will be 2" or a reclaimed or recycled concrete equivalent; • Pad will be no less than 50 feet long and 10 feet wide and will be no less than 6"deep; • A filter cloth will be placed over the entire area prior to placing of stone; • All surface water flowing or diverted toward the construction entrance will be piped across the entrance; • The entrance will be maintained in a condition that will prevent tracking or flowing of sediment onto public rights-of-way. This may require periodic top dressing with additional stone as conditions demand and repair and/or cleanout of any measures used to trap sediment; • All sediment spilled, dropped, washed, or tracked onto public rights-of-way will be removed immediately; • Vehicle wheels will be cleaned to remove sediment prior to entrance onto public rights-of-way. When washing is required, it will be done on an area stabilized with stone and that drains into an approved sediment -trapping device. Periodic inspection and needed maintenance of the pads will be provided after each rain event. During construction, erosion and sediment will be controlled through the implementation of various erosion and sediment control methods in accordance with New York State W Standards and Specifications for. Erosion and Sediment Control, latest revision and the Stormwater Pollution Prevention Plan. Construction Vehicles and Employees All construction traffic and activities will comply with the Town code. All construction traffic will use the existing driveway entrance and will likely use both directions of All Angels Hill Road (CR 94). The proposed emergency access drive will not be used for any vehicular traffic related to the construction of the site except for construction of Road E near Shamrock Hills Drive and will remain dedicated only for emergency vehicle traffic. Efforts will be made to reduce the number of construction vehicle trips to and from the site by keeping vehicles onsite as much as possible. Given the extent and type of building and site construction planned for the Proposed Action, heavy equipment will be delivered to the site once at the beginning of its associated phase, left on-site for the duration of that work, then potentially removed from the site when its phase is completed. Building material will be brought to the site in large truck -loads thereby limiting the number of trips along All Angels Hill Road. All large deliveries will be made in accordance with the Town Code. The number and types of vehicles would vary depending on the construction phase — cement trucks during the laying of concrete foundations, flatbed trucks carrying assorted material for walls, flooring and roofing, dump trucks loaded with asphalt during paving operations, etc. These activities do represent an increase in truck trips over that currently traveling on All Angels Hill Road; however, the impact on the adjacent community will be temporary — when construction is completed, heavy truck activity will return to pre - construction levels. The number of workers on-site also will vary depending on the type of work underway. Many workers will carpool and some building trades will send a number of workers to the site in a single van or equipment truck. During the Site Infrastructure Construction Phase, there will be approximately 8-10 workers per day and approximately 8 to 10 passenger vehicles per day plus deliveries. During the Home Construction Phase, there will be an average of 3.70 workers per day per unit, an average of 1.91 personnel vehicles per day per unit, and an average of 0.22 deliveries per day per unit. Fugitive Dust Control Fugitive dust will be controlled during construction with the use of moveable water tanks that will remain on site for this purpose. Construction operations will be scheduled in order to minimize the amount of disturbed areas at any one time during the course of work and will generally occur between 7:00am and 6:00 pm Monday through Friday and 8:00 am to 5:00 pm on Saturday. Truck traffic will access the site from All Angels Hill 37 Road on the proposed access road/existing commercial driveway. Truck traffic is not anticipated along the frontage of All Angels Hill Road interior within the property. Existing vegetation will be preserved where possible; and temporary soil stabilization practices, such as mulching, seeding, and spraying (water), will be utilized to control dust. Maintenance of Construction Equipment Construction equipment will be maintained and operated properly to minimize pollution to air resources. All construction equipment and natural material stockpiles will be maintained in a staging area on site. The staging area will be located on the interior of the site on level ground to minimize erosion. Emergency Access Emergency vehicles will be able to access the Proposed Action from two locations. The first location will be Road "A" and the second location will be Road "E". Road "A" provides direct access to Road `B", Road "C", and the R&R Realty Associates commercial property. Road "E" will be gated near the property line to prohibit non- emergency vehicles from accessing the Proposed Action from Shamrock Hills Drive. Knox boxes will be used to allow emergency vehicles access. Findings The Town of Wappinger Town Board, upon due consideration of the Draft and Final EISs and the information derived from public hearings and meetings during the course of this SEQRA review, funds that the Proposed Action will not have a significant adverse impact on vehicular and pedestrian circulation. L. Air Quality and Noise Potential Impacts and Proposed Mitigation Air Quality The Town of Wappinger Zoning Law has no identifiable criteria with regard to air quality; however, there are general industry air quality preservation standards set forth both on state and federal levels. As part of the SEQR process, the Proposed Action is required to meet or exceed all state, federal and municipal air quality regulations. The short term (construction) and long term air quality potential impacts are discussed below. Short Term (Construction) During construction, the air quality may be affected by construction activities. Air pollutants of concern include fugitive dust and vehicle emissions. 38 The potential construction related air quality impacts will be temporary. Fugitive dust will be controlled during construction with the use of moveable water tanks that will remain on site for this purpose. Construction operations and deliveries will be scheduled in order to minimize the amount of disturbed areas at any one time during the course of work and will generally occur between 7:00 am to 6:00 pm Monday through Friday and 8:00 am to 5:00 pm on Saturday. Truck traffic will access the site from All Angels Hill Road on the proposed access road/existing commercial driveway. Existing vegetation will be preserved where possible; and temporary soil stabilization practices, such as mulching, seeding, and spraying (water), will be utilized to control dust. The heavy-duty vehicle, including diesel trucks, idling time shall be minimized to five minutes, which will reduce air pollution and fuel use. The contactor shall be responsible to ensure all construction equipment is properly tuned and maintained prior to and for the duration of onsite operations. Efforts will be made to reduce the number of construction vehicle trips to and from the site by keeping vehicles onsite as much as possible. Given the extent and type of building and site construction planned for the Proposed Action, heavy equipment will be delivered to the site once at the beginning of its associated phase, Ieft on-site for the duration of that work, then potentially removed from the site when its phase is completed. Building material will be brought to the site in large truck -loads thereby Iimiting the number of trips along All Angels Hill Road. Long Term After construction, the Proposed Action will generate the same typical outdoor air pollutants currently generated from the surrounding residential uses. The typical outdoor air pollutants generated include carbon monoxide, nitrogen oxides and volatile organic compounds. These substances are most commonly associated with vehicular emissions, but can be emitted from heat sources like furnaces and HVAC systems. Expected pollutant sources are limited to vehicle emissions, both passenger car and occasional trucks, and discharges from homes HVAC units. The Traffic Impact Study considered maximum build -out potentials for the project site and indicated that no significant, unmitigated delays or Level of Service drops resulted from the increased volume generated by the proposed development which indicates a minimum number of vehicles and pollutants from the proposed development. After construction, the Proposed Action will generate the same typical outdoor air pollutants currently generated from the surrounding residential uses. Truck idling is not anticipated to occur for more than five minutes at a time, since the anticipated truck traffic will be limited to delivery trucks and garbage collection vehicles. Therefore, no mitigation measures are necessary. 39 Noise Short Term (Construction) Short-term noise impacts will occur from construction equipment and earth -moving activities during construction of the proposed development. It is not possible to predict the exact magnitude of this impact on ambient noise levels in adjacent residential areas due to the variability in many of the factors needed to make such an assessment. These factors include the number and types of construction equipment, construction methods, and scheduling of construction work. The noise level at receptors within the surrounding area will vary depending on the specific areas in which construction is taking place. Based upon Geotechnical investigations, rock removal is not expected; therefore, blasting, chipping, or stone crushing is not anticipated to occur. However, should rock be encountered, the type of rock will be evaluated to determine if mechanical means (i.e., chipping or excavation) can be used to remove the rock. The ability to rip or excavate rock is determined by the type of excavator capable of removing it without blasting (i.e. dozer D8 or Hoe CAT235 or comparable). Blasting operations will only be resorted to if necessary. All construction traffic and activities will comply with the Town Code. Construction activities will typically occur during the normal business hours of 7:00 am to 6:00 pm Monday through Friday and 8:00 am to 5:00 pm Saturday, except in the event of an emergency requiring immediate construction or demolition. Efforts will be made to reduce the number of construction vehicle trips to and from the site by keeping vehicles onsite as much as possible. Given the extent and type of building and site construction planned for the Proposed Action, heavy equipment will be delivered to the site once at the beginning of its associated phase, left on-site for the duration of that work, then potentially removed from the site when its phase is completed. Building material will be brought to the site in large truck -loads thereby limiting the number of trips along All Angels Hill Road. The Proposed Action will leave approximately 51 percent of the site undeveloped, the majority of which will be open space and wooded or wetland areas, which will help to attenuate noise from construction and shield adjacent areas from potential impacts. The construction of the development will occur in phases therefore development will generally be limited to one portion of the site at a time. To reduce the potential impact of noise on adjacent residences, all construction vehicles and equipment will be well maintained and operated in an efficient manner. In particular, the mufflers on all construction equipment will be fully functional and well maintained by the construction contractor. Mufflers will reduce the frequency of sound on machinery that pulses, such as diesel engines and compressed air machinery. 40 Long Term Noise levels resulting from the Proposed Action are not expected to adversely impact the surrounding community. Noise levels generated by the proposed development will be compatible with existing noise levels and types in the area. In addition, there are no sensitive receptors located adjacent to the property that may be impacted by construction or occupation of the property, since the proposed use is residential and surrounding uses are generally residential except for Flavormatic which is an adjacent commercial use. Occupancy of the site is not expected to cause any significant noise impacts that would affect the surrounding community. A combination of landscaping, existing trees, and variations in topography will serve to attenuate noise generated on the property once it is occupied. However, as the surrounding area is primarily comprised of residential uses, noise levels generated by the proposed development will be compatible with existing noise levels and types in the area. Traffic on and off the site is not expected to generate significant noise levels above current noise generated by traffic in the area. Therefore, no mitigation measures are necessary. Findings The Town of Wappinger Town Board, upon due consideration of the Draft and Final EISs and the information derived from public hearings and meetings during the course of this SEQRA review, finds that the Proposed Action will not have a significant adverse impact on air quality and noise. M. Infrastructure and Energy, Utilities and Services Potential Impacts and Proposed Mitigation Sanitary Sewage The proposed age restricted community will generate domestic type wastewater flows. For a two-bedroom home/apartment, the NYSDEC uses a flow rate of 240 gpd/unit. The wastewater generated from the 225 units would be 54,000 gpd as compared to 60,840 gpd using the Town of Wappinger's standards. The Town of Wappinger's standards results in a more conservative design flow. The wastewater generated from the club house, 19 single family homes, and 68 townhomes will be conveyed to the Rockingham pump station. Therefore, the wastewater design flow to the Rockingham pump station is 20,266 gpd. The wastewater generated from the remaining 113 single family homes and 25 townhomes will be conveyed to the Shamrock Hills pump station. Therefore, the wastewater design flow to the Shamrock Hills pump station is 41,160 gpd. The project will also pay combined water and sewer buy -in fees of $243,000. 41 Existing Pump Stations and Collection System Evaluations Rockingham Pump Station Evaluation The anticipated wastewater generation to be conveyed from the Proposed Action to the Rockingham pump station is 20,266 gpd. This flow is less than the maximum allowed sewage flow of 25,092 gpd. Shamrock Hills -Pump Station Evaluation The anticipated wastewater generation to be conveyed from the Proposed Action to the Shamrock Hills pump station is 41,160 gpd. This flow is less than the maximum allowed sewage flow of 51,440 gpd. The existing twin ,Smith & Loveless 15 HP Model 4132X pumps can handle the additional flow with minor modifications to the pump station floats. The pump running time will be increased by 6 minutes_ Kendell Farms Pump Station Evaluation The existing pumps in the Shamrock Hills pump station will not have to be replaced as a result of the wastewater flow from the Hilltop Village at Wappinger project. The Shamrock Hills pump station flow rate/cycle will not impact the Kendell Farms pump station pumping flow, since the flow will remain unchanged. However, the increase of the Shamrock Hills pump station pumping cycles will cause the Kendell Farms pump station to cycle more often. Orchard Drive/Ardmore Road Collection System Evaluation The Kendell Farms pump station discharges to the existing collection system within the Orchard Drive/Ardmore Road development. The collection system will also be unaffected, since the Kendell Farms pump station was unaffected by the Hilltop Village at Wappinger project. The Shamrock Hills existing pump station, with minor float modifications, has sufficient capacity to service the proposed 113 single family homes and 25 townhomes within the age restricted residential development_ The Kendell Farms pump station will cycle more often as a result of the increased cycling of the Shamrock Hills pump station. The Orchard Drive/Ardmore Road collection system will be unaffected by the proposed 225 unit age restricted residential development. Therefore, no further mitigation measures are required. Water Supply The project will require water service for both domestic and fire protection purposes. The project is proposed to connect to the existing Town water system at two (2) locations 42 to meet both requirements. The proposed water main will connect to the existing water line tee in the Shamrock Hills subdivision to the west and the existing water line located beneath Rich Drive to the east. The proposed water distribution system will be designed to serve all of the residential homes and clubhouse. The existing water system has sufficient capacity to service the 225 unit age restricted residential development with a design flow of 61,426 gpd. Based upon the analysis the normal working pressure ranges from 35 to 67 psi, which complies with the minimum recommended working pressure. Individual pressure reduction valves are not anticipated. An analysis of the water system was performed to determine if any infrastructure upgrades will be necessary. Based upon the analysis, an additional water storage tank or other system upgrades are not necessary. The existing Town distribution system will provide adequate flow and pressure to supply the Proposed Action. The project will also pay combined water and sewer buy -in fees of $243,000. Further, the Proposed Action also includes the construction of an off-site Town water system upgrade identified as "Water Main Extension Loop from Meadowwood Wells - All Angels Hill Road." Gas, Telephone, and Electrical Supply The Proposed Action will require gas, telephone, and electrical services, resulting in an increase in the demand for these services, as with all development. The existing utilities within the vicinity of the project will have to be extended in order to provide service to the Proposed Action. In addition, the some of the existing utility easements will be affected. Central Hudson Gas and Electric Corporation has adequate capacity to provide the Proposed Action with sufficient electric and natural gas service. There are telephone poles and lines along All Angels Hill Road that will be extended into the Proposed Action. All utilities (i.e., gas, telephone, and electric) within the development will be placed underground. Amended easements and/or new easement will be established in coordination with the utility companies. Solid Waste Management The Proposed Action is anticipated to generate 450 residents, assuming two people per residential unit. The NYSDEC estimates that residential solid waste production is approximately 2.4 pounds per person per day. On average, it is therefore estimated that the Proposed Action will generate a maximum of approximately 1,080 pounds of solid waste per day and 7,560 pounds (3.78 tons) per week, or approximately 197 tons of solid waste per year. 43 The proposed club house is 3,762 square feet. In order to calculate the estimated solid waste generated by this space, a median generation rate 1.2 pounds per day per person was used. It is estimated that the Proposed Action will generate an additional 270 pounds of waste per day and 1,890 pounds (0.95 tons) per week, or approximately 49 tons of solid waste per year. Therefore, the Proposed Action would generate a total of approximately 4.73 tons of solid waste per week (246 tons per year). It is anticipated that the Homeowner's Association (HOA) will contract directly with private haulers for waste and recyclable pickup. Recycling is mandatory in Dutchess County and would be required within the Proposed Action. This will serve to reduce the amount of solid waste requiring disposal. These materials include paper, cardboard, glass, plastics, and metal. Leaf and grass clipping composting can also reduce the amount of solid waste generated. There are no anticipated impacts on the available capacity as a result of the Proposed Action. Findings The Town of Wappinger Town Board, upon due consideration of the Draft and Final EISs and the information derived from public hearings and meetings during the course of this SEQRA review, finds that the Proposed Action will not have a significant adverse impact on infrastructure and energy, utilities and services. IV. ALTERNATIVES The following alternatives to the Proposed Action were considered: 1. No Action Alternative. 2. Construction under the Existing R-40 and COP Zoning a. Conventional Subdivision. b. Average Density Subdivision. c. Conservation Subdivision. 3. Alternative Zoning Techniques to Accomplish Age -Restricted Development. 4. Alternative Site Plans that Reduce Impacts. a. Additional Non -Emergency Vehicle Access. b. Reorientation of Units T54 through T62. c. Private Road Connection. 5. Alternative Policies Regarding Children. 6. Alternative Policies Regarding "Affordable" Portion of Project_ 7. Tax Impact Analysis of Fee Simple Ownership. 44 After careful analysis of the Proposed Action, no non -temporary significant adverse impacts were identified. Further, no feasible alternatives were identified that would meet the needs and objectives of the Proposed Action while reducing or eliminating predicted temporary significant adverse impacts related to the proposed project. V. OTHER SEQRA IMPACTS Potential Impacts and Proposed Mitigation ADVERSE ENVIRONMENTAL IMPACTS THAT CANNOT BE AVOIDED Short -Term Impacts Increased noise levels on and near the property resulting from construction activities. By limiting construction activities to those hours permitted by the Town, the temporary increases in noise levels due to construction equipment usage would be minimized. In addition, levels would be lessened in intensity depending on topography and distance. All construction traffic will use the existing driveway entrance and will likely use both directions of All Angels Hill Road. Efforts will be made to reduce the number of construction vehicle trips to and from the site by keeping vehicles onsite as much as possible. Heavy equipment will be delivered to the site once at the beginning of its associated phase, left on-site for the duration of that work, then potentially removed from the site when its phase is completed. Building material will be brought to the site in large truck -loads thereby limiting the number of trips along All Angels Hill Road. These activities do represent an increase in truck trips over that currently traveling on All Angels Hill Road; however, when construction is completed, heavy truck activity will return to pre -construction levels. There is the possibility of increased susceptibility to erosion as vegetation is removed during construction. Strict erosion and sediment control measures will be installed prior to construction of each phase. The erosion and sediment control measures will be installed and maintained in conformance with the New York State Department of Environmental Conservation State Pollutant Discharge Elimination System (SPDES) General Permit #GP -0-10-001 and Stormwater Pollution Prevention Plan for the Proposed Action. Long -Term Impacts The results of the detailed capacity analyses for the key intersections indicate that the proposed Project will have a negligible impact on operating conditions at the key study intersections as seen by the minimal changes in delay and Levels of Service from the 2015 No -Build to the 2015 Build condition. Therefore, no mitigation is necessary at these intersections. 45 Some increased demand will occur for community services, such as police and fire services, and utilities. These services can accommodate the proposed project. There will be a change in the appearance of the property. The property is wooded and undeveloped; however, the proposed development is designed to fit into this visual environment_ In addition, views from surrounding locations would be mitigated by the existing topography, existing and proposed vegetation and in some instances, distance. The project proposes 0.061 acres of disturbance within the actual wetland area, a total of approximately 1.32 acres of disturbance is proposed within 100 foot Town regulated wetland buffer areas. These activities are the minimum necessary to reasonably develop the property and comply with the various codes, ordinances and requirements of the Town of Wappinger. The Proposed Action would add 25.5 acres of impervious surface on the property. This will increase the impervious coverage by 17.5% on the property. A detailed stormwater management system will be implemented to mitigate this potential impact. IRREVERSIBLE AND IRRETRIEVABLE COMMITMENT OF RESOURCES The proposed project, like any development, will cause the short-term and long-term commitment of environmental resources. Land development, whether it is residential, commercial, or industrial, results in open lands being converted and built upon. Some areas of existing undeveloped .land will be committed to development of residences, roads, and landscaped areas. Some existing soils will be altered and replaced with paving. Some wildlife habitat, as it presently exists, will be irretrievably lost or altered. Resources consumed during reconstruction of the site, including fossil fuels and construction materials, will be committed for the life of the project. Non-renewable fossil fuels will be irretrievably lost through the use of gasoline and diesel powered construction equipment during demolition and construction. The Proposed Action will generate an increased demand for electricity and natural gas. Development of the site will generate increased demand for the use of municipal water, sanitary sewage disposal, solid waste disposal and municipal services, such as police and fire protection. Commitments will also be made for the use of renewable and/or recyclable resources such as construction and building materials including timber, steel, concrete, and glass. The need for construction jobs and related service-oriented industries will be an irretrievable commitment of labor resources. GROWTH -INDUCING, CUMULATIVE AND SECONDARY IMPACTS Current land use patterns strongly influence the probability of induced growth. Induced growth is considered the residential or commercial growth, including secondary impacts such as traffic or demand on community services, which would occur above the background growth as a result of the Proposed Action. New development often is likely to occur in or near developed areas, to take advantage of existing residential and economic activity and available infrastructure. Potential Growth Assessment The Hilltop Village at Wappinger Active Adult Community will have positive potential growth inducing impacts on the local economy. There is potential for short-term and long-term benefits to the local economy as a result of the proposed project. Short-term benefits pertain to the project construction phase, which is anticipated to last approximately 4 years and generate approximately 100 - 150 construction related jobs, including, but not limited to engineers, surveyors, carpenters, electricians, plumbers, equipment operators, laborers, etc. Construction activities will also create multiplier effects within the local and regional economy. There will be demand for raw materials for construction, as well as for other goods and services in order to develop the community. The demand for goods may range from special building materials, to plantings and interior furnishings. Similarly, laborers active at the construction site are likely to purchase goods and services from local businesses,, including but not limited to food, gas, etc. Finally, depending on the proportion of construction workers who live locally, their wages will cycle through the economy. Long-term economic benefits pertain to the employment generated by the Proposed Action. Once construction is complete and the project is fully built, it will require dozens of part-time equivalent employees for maintenance and support of the population expected on the property. Jobs generated will consist of health care professionals, including skilled nurses; therapists; aides; administrative staff; and service -based jobs, such lawn and landscaping maintenance. It is reasonable to assume that most of these positions will be satisfied within the labor pool available in Dutchess County. In addition to job creation, the Proposed Action will: • Have a net positive fiscal benefit to the community of more than $810,000 annually. • Give more than $752,000 of annual property tax revenue to the Wappingers Central School District, without adding to the school population. • Provide more than $58,000 in surplus income to the Town each year. • Provide more than $28,000 in surplus income to the New Hackensack Fire District, more than $5,000 in surplus income to the ambulance district, and more than $6,000 in surplus income to the library district each year_ 47 • Have a minimal impact on public services. The HOA will provide trash removal, street maintenance, and recreation facilities, and Active Adults have a much lower community impact than younger residents and families. • Generate stable cash flow to be spent in local businesses and service establishments. • Provide 225 units for an active adult population wishing to downsize to smaller homes and remain in the Wappinger area. • Active adults primarily shop in local stores, support local professional services, volunteer in local facilities, watch over their neighborhoods throughout the day, and are overall positive additions to the communities in which they live. • Allow the Town of Wappinger to expand the existing recreation field at Robinson Lane Park with the addition of the 51.7 acres adjacent parcel. • Allow the Town of Wappinger to use the Future Development area on the site for additional community services. • Construct an off-site Town water system upgrade identified as "Water Main Extension Loop from Meadowwood Wells — All Angels Hill Road." • Pay $243,400 in water and sewer buy -in fees. • Pay $1.125 million in recreation fees. It is anticipated that future occupants of the Proposed Action will patronize a variety of existing local retail and commercial establishments. Local businesses are expected to provide many of the goods and services future occupants will require, and the additional population from the project will help sustain these local businesses. There is the possibility that the demand for retail and commercial services could increase as a result of the Proposed Action, which could contribute to increased commercial growth in Wappinger and the surrounding areas. Cumulative Impacts Cumulative impacts from the Proposed Action with other planned, proposed, or approved projects are limited, since there are no similar sized projects in this section of the Town of Wappinger. The potential impacts associated with the Proposed Action are summarized below. 48 Groundwater. Surface Water, and Wetlands The Proposed Action is not located over a sole source, primary, or principal aquifer. The proposed Road "A" crosses the existing twin 30 -inch corrugated metal pipe (CMP) culverts between ACOE jurisdictional wetlands FIG and H/J. Replacement of the twin culverts cannot be avoided, since the culverts were determined to be in fair condition. The twin 30 -inch CMP culverts will be replaced with a single 60 -inch high-density polyethylene (HPDE) culvert. Replacement of the twin culverts will not result in any stream disturbance or dredging. There are two areas of direct wetland impact totaling 0.061 acres. There are four locations of Town wetland buffer disturbance totaling 132 acres. Temporary erosion and sediment control measures will be implemented during construction to minimize soil erosion and control sediment transport off-site. Permanent erosion and sediment control measures will be implemented after construction to control the quality and quantity of stormwater runoff from the developed site. The proposed stormwater management facilities will treat the stormwater runoff generated from the proposed development prior to discharging in a controlled manner to the two onsite streams located within the onsite wetlands. Therefore, no adverse impacts to groundwater or any onsite and/or offsite downstream watercourses, water bodies, or wetlands are anticipated as a result of the Proposed Action. Communitv Services Police Protection Based upon a discussion with the New York State Police Department and the Dutchess County Sheriffs Department, it is not anticipated that either of the stations will have any difficulties providing police protection for the proposed 225 units to be created by the Proposed Action. The service ratio of the Dutchess County Sheriffs Department will be increased by approximately 18 people per deputy. Based upon a discussion with the New York State Police Department and the Dutchess County Sheriffs Department, it is not anticipated that either of the stations will have any difficulties providing police protection for the Proposed Action. The increase in the service ratios are minimal and will pose n o significant impact on the dedication of manpower. In addition, the increase in tax revenue generated by the Proposed Action assist in providing for any potential increase in expected police protection coverage. Therefore, no significant impacts to the ability of the New York State Police Department or the Dutchess County Sheriffs Department to protect the proposed residents are anticipated. 49 Fire Protection The Proposed Action is in the New Hackensack Fire District. According to Chief Rick Anderson of this facility, the Fire Station is located at the corner of Meyers Corners Road and All Angels Hill Road. The Proposed Action will be adding 225 residential units to the Town of Wappinger, resulting in an increased in demand for fire protection services, as with all development. As a result of the increased demand, there is potential for an increase in the costs to provide these services. Based upon a discussion with Chief Anderson, the New Hackensack Fire District would have no difficulty providing fire protection to the proposed development. In addition, the surplus tax revenue generated by the Proposed Action can cover or assist in covering any potential cost increases. Therefore, no significant impacts to the New Hackensack Fire Department's ability to protect the Proposed Action from fires are anticipated. Emergency Medical Services The Town of Wappinger exclusively utilizes the services of TRANSCARE Ambulance Service for emergency medical situations affecting Town residents. TRANSCARE consistently provides response times faster than the area average, which translates into increasing the likelihood of protection in an emergency with both Basic and Advanced Life Support personnel. The Town of Wappinger Town Board has provided for a Town -wide Ambulance District that covers the cost of the ambulance over that of available insurance. TRANSCARE is directly linked to Dutchess County's Enhanced 911 service and is conveniently located at 16 Middlebush Road attached to the State Police Barracks and adjacent to the Wappinger Town Hall. The Proposed Action will be adding 225 residential units to the Town of Wappinger, resulting in an increased demand for emergency medical services, as with all development. As a result of the increased demand, there is potential for an increase in the costs to provide these services. It is the Applicant's opinion that the Proposed Action will add minimal impact to the emergency medical services. In addition, the surplus tax revenue generated by the Proposed Action can cover or assist in covering any potential cost increases. Therefore, no significant impacts to the emergency medical services as a result of the Proposed Action are anticipated. According to Jason Barlow, Saint Francis Hospital has no reason to believe that the Proposed Action would impose any volume hardship on the hospital. Based upon this information, it is the Applicant's opinion that the Proposed Action will not impose any volume hardships on the other hospitals. Therefore, no mitigation measures are proposed. 50 Schools The Proposed Action is located in the Wappinger Central School District. School age children in the area attend Brinkerhoff Elementary School (K-5), Van Wyck Junior High School (6-8), and John Jay High School (9-12). Bus Transportation is currently provided by the Wappinger Central School District. The Proposed Action is an age -restricted development; therefore, no school aged children will reside in the development and no further mitigation measures are proposed. Parks, Recreation, and Library Facilities Recreational facilities proposed on the property include a club house, swimming pool, tennis court, and open space area for community events. These facilities are located within the gated community; therefore, they will only be open to the residents of the Hilltop Village at Wappinger community. It is anticipated that majority of the residents will utilize the recreational facilities provided on the property. The HOA will be responsible for maintenance of all open space and recreational facilities. Therefore, no additional mitigation measures are proposed. A small parcel within the Proposed Action is offered for dedication to the Town. In providing this space, the Applicant anticipates that this area could be used as a Town Senior Center that would be open to the general public. In addition, a separate parcel totaling 51.7 acres located on Robinson Lane will be dedicated to the Town for active and passive recreation. This parcel is adjacent to Robinson Lane Park and could be used to expand the existing facility. The proposed open space/recreation is consistent with the stated goals and policies of the Town of Wappinger Comprehensive Plan. The Proposed Action will generate more than $58,000 in surplus income to the Town each year, which can be used to provide for any potential increase in recreational facility use. In addition, the surplus tax revenue generated by the Proposed Action can cover or assist in covering any potential cost increases. Therefore, no additional mitigation measures are proposed. Community Character, Zoning and Land Use Community Character The Proposed Action will introduce single-family homes and townhomes onto the project site. Residential development in this part of the Town generally consists of single-family homes. The Proposed Action clusters the majority of the residences and club house toward the interior of the property utilizing the existing topography and landscape. Additional landscaping was added along the property lines reducing the project's visual impact from the adjacent properties and surrounding road network. Therefore, the 51 residences and club house will not be highly visible to where they would seem out of character with other existing homes in the immediate surrounding area. The Applicant intends on developing the site with a variety of architectural designs to avoid creating a monotonous housing development_ . The proposed homes will consist of an attractive ranch style house, two-story house, and townhouse unit with an attached, two car garage. A one car garage option will also be available. The use of multi -leveled gables, ornamental cornices, arches, decorative windows, architectural roof materials, and landscaping will provide a residential development which exceeds the architectural design of most of the existing and new developments within the region. The combination of natural corridors and street trees will further join developed areas with open space areas. The proposed building designs are at a minimum consistent with the existing homes in the surrounding area. The Proposed Action was developed based upon input from the Town of Wappinger and its consultants. The design and placement of all of the buildings will not have an adverse impact on the community character. The site layout utilizes the existing topography to minimize visibility and perceived scale of the buildings and to blend with the existing landscape. Upon completion of the project, approximately 51 percent of the site will remain as permanent open space, which will be forested and undeveloped. In addition, decorative landscaping and screening will be installed within the developed areas to reduce the visibility of the Proposed Action from the surrounding area. Therefore, there are no potential impacts on the surrounding community character. Land Use The Proposed Action will consist of 132 single-family homes, 93 townhomes, a club house, and recreational amenities. A large portion of the site will be developed; however, approximately 51 percent of the site will remain as permanent open space. As previously discussed, the site layout makes use of the natural landscape as much as possible to help to screen buildings from view. The Proposed Action will provide additional housing in a part of the Town where the predominant land use is residential housing and is compatible with the majority of the surrounding land uses. Therefore, there are no potential impacts on the surrounding land uses. Zoning The Applicant has petitioned the Town Board to change the zoning of the entire property from R-40 and COP to Multifamily Residence (RMF -3) District. The Proposed Action will introduce a new residential zoning district, since the surrounding residential zones are predominately R-20 and R-40. However, the Proposed Action conforms to the RMF - 3 zoning requirements. Therefore, there are no potential impacts on zoning. 52 Planning Documents The Proposed Action is consistent with the goals and policies set forth in the three comprehensive planning documents described above. In addition, several of the goals and principles of the planning documents were incorporated into the layout. Therefore, the Proposed Action is consistent and compatible with these documents. Therefore, no mitigation measures are required. Cultural Resources Historic Places A Phase IA Archaeological Investigation and Phase 1B Archaeological Reconnaissance was performed. No prehistoric (Pre -Contact) finds were made during the Phase 1B. As a result, no further work is recommended. Based upon the Phase IA and Phase 1B results, no adverse impacts to places listed or eligible for listing on the State or National Register of Historic Places are anticipated as a result of the development. Visual Potential visual impacts associated with the Proposed Action include changes in the density of land use and character of the project area. The development as proposed will require grading, construction of residences, and construction of the emergency access point from Shamrock Hills Drive. Potential visual impacts associated with development of the property are also related to a change in the open space character of the property from an undeveloped to developed with 225 residential units. The Applicant intends on developing the site with a variety of architectural designs to avoid a monotonous housing development, the examples illustrate that the Applicant proposes to construct an attractive ranch style house, two story house and townhouse unit with an attached, two car garage (one car garage option available). The proposed building designs are at a minimum consistent with existing homes in the surrounding area. Residences will be constructed using a combination of architectural features to create design diversity. The exterior design intention for this project is to create a residential development which incorporates a variety of architectural features that will create several layers to the fenestration of the residences versus the typical one dimensional residences typical throughout, Dutchess County. Use of multi -leveled gables, ornamental cornices, arches, decorative windows, architectural roof materials and landscaping will provide a residential development which exceeds the architectural design of most of the existing and new developments within the region. Again, the combination of natural corridors and street trees will further join developed areas with open space areas. Undeveloped areas will continue to exist along most of the property boundaries. In instances where the proposed grading extends up to the property lines, extensive 53 landscaping is proposed in order to screen the Proposed Action from the adjacent properties. These wooded areas will block views of proposed new development by continuing to provide a screen to the property interior. Therefore, no further mitigation measures are required. Stormwater Management The stormwater management, pollution prevention, and erosion and sediment control measures identified and detailed in the Stormwater Pollution Prevention Plan (SWPPP) and on the accompanying project plans have been designed in accordance with the requirements of the Town of Wappinger and the New York State Department of Environmental Conservation State Pollutant Discharge Elimination System (SPDES) Phase II technical standards. The SWPPP and accompanying project plans identify both temporary and permanent erosion and sediment control measures, which have been designed in accordance the New York State Standards and Specifications for Erosion and Sediment Control. Temporary erosion and sediment control measures will be implemented during construction to minimize soil erosion and control sediment transport off-site. Permanent erosion and sediment control measures will be implemented after construction to control the quality and quantity of stormwater runoff from the developed site. The proposed stormwater management facilities will treat the stormwater runoff generated from the proposed development prior to discharging in a controlled manner to the two onsite streams located within the onsite wetlands. Good housekeeping practices have been designed to maintain a clean and orderly work environment, which shall be maintained throughout the construction process by those parties involved with the direct care and development of the site_ During construction, to ensure the stability and effectiveness of all protective measures and practices during construction, all erosion and sediment control measures employed shall be inspected by the Qualified Professional at least every seven (7) calendar days. The contractor's and/or subcontractor's trained individual(s) shall perform daily inspections of all erosion and sediment control measures at the beginning and end of the day. The trained individual(s) shall immediately correct any deficiencies noted during their inspection or during the Qualified Professional's inspections. Post -construction inspection and maintenance procedures for the various site components and the stormwater management facilities have been developed to ensure they continue to function as designed. The post -construction inspections and maintenance will be performed by the Homeowner's Association. A formal maintenance agreement for the stormwater management facilities will be executed and binding on all subsequent land owners. 54 The proposed project will not adversely impact any onsite, adjacent, or downstream receiving water bodies, watercourses, or wetlands and/or any adjacent or downstream properties, if the erosion and sediment control measures and stormwater management facilities are properly constructed, and maintained in accordance with the requirements outlined in the SWPPP and on the accompanying plans. Traffic Based on field observations and the detailed analysis undertaken during the preparation of the Traffic Impact Study, the following findings are summarized below: • The site will be provided very good regional and local access due to its proximity to State Routes 376 and 82, and to County Routes 94, 28, 93, and 104. • Based on conservative projections, it is anticipated that the Proposed Action will generate approximately 17 entering vehicles and 32 exiting vehicles during the weekday AM Peak Hour and 37 entering vehicles and 24 exiting vehicles during the PM Peak Hour. • Access to/from the Proposed Action will be provided via a Town Road (the conversion of an existing driveway) with a full -movement unsignalized intersection at All Angels Hill Road. The existing driveway is currently providing access to Flavormatic Industries. Based on discussions with the Dutchess County Department of Public Works, a left turn lane is proposed to be installed on All Angels Hill Road. An emergency access will be provided via Shamrock Road, accessible from Old Hopewell Road. • A conservative annual growth factor of 2% was applied to the existing traffic volumes, to account for traffic associated with background growth as well as traffic associated with any other unknown potential nearby developments. • Level of Service analyses were performed for the key study locations for the Existing, 2015 No -Build (without the Project) and 2015 Build conditions (with the Project). Based on the analysis contained in the Traffic Impact Study, the traffic generated by the Proposed Action will have a negligible impact on operating conditions at the key study intersections as seen by the minimal changes in delay and Levels of Service from the 2015 No -Build to the 2015 Build condition. Therefore, no mitigation is necessary at these intersections_ 55 T TtilitiPC Sanitary Sewage Based upon the existing pump station analysis, the existing pumps are capable of handing the additional flow with minor modifications to the pump station floats, running time, and/or the number of pump starts per hour as a result of the proposed Active Adult Community. Based upon.the existing sanitary sewer line capacity analysis, the existing gravity lines are capable of handling the increased flow as a result of the proposed Active Adult Community. Therefore, no further mitigation measures are required. Water Supply The existing water system has sufficient capacity to service the 225 unit age restricted residential development. Based upon the analysis the normal working pressure ranges from 3 5 to 67 psi, which complies with the minimum recommended working pressure. Individual pressure reduction valves are not anticipated. Based upon a discussion with Chief Rick Anderson, the New Hackensack Fire District would have no difficulty providing fire protection to the proposed development. An analysis of the existing water system was performed to determine if any infrastructure upgrades will be necessary. Based upon the analysis, an additional water storage tank or other system upgrades are not necessary. The existing Town distribution system will provide adequate flow and pressure to supply the Proposed Action. Gas, Telephone, and Electrical Supply Sufficient capacity is available from Central Hudson Gas and Electric for the provision of electric and natural gas. Telephone lines exist along All Angels Hill Road and will be brought to the proposed development as an underground utility. In addition, all dwelling units will be built in conformance with the energy conservation regulations of the New York State Energy Conservation Construction Codes. Energy conservation measures that will be used include the following: 90+% Efficient Furnaces; 13 Seer Air Conditioning Condensors; Programmable Thermostats; Multiple Heating and Cooling Zones; Energy Star Qualified Water Heaters; Energy Star Qualified Appliances; High -Performance Low -E Windows; and Insulated Exterior Doors and Garage Doors. There are no potential significant adverse impacts to these services from the proposed development; therefore, no mitigation is required or proposed. Solid Waste Management It is anticipated that the Homeowner's Association (HOA) will contract directly with private haulers for waste and recyclable pickup. Recycling is mandatory in Dutchess County and would be required within the Proposed Action. This will serve to reduce the amount of solid waste requiring disposal. These materials include paper, cardboard, glass, plastics, and metal. Leaf and grass clipping composting can also reduce the amount of solid waste generated. There are no potential significant adverse impacts to these services from the proposed development; therefore, no mitigation is required or proposed. ENERGY USE AND CONSERVATION Energy Sources to Be Used If the Project Is Implemented The existing and proposed primary energy sources for the project are electricity, fuel, and natural gas. Electricity and natural gas will be provided by Central Hudson Gas and Electric Corporation for lighting, cooling, cooking and operating internal equipment/appliances. Alternatives for heating individual dwelling units are liquefied petroleum, gas, or as appropriate, passive or active solar designs. At the present, none of these alternatives are planned. Some dwellings may supplement heating requirements with wood, corn, coal, or pellet burning stoves depending on individual homeowner preferences. Increased Energy Consumption According to Dennis Van Wagenen of Central Hudson, the current average residential household electricity demand is approximately 6,107 kwh per residence per year. On average, it is therefore estimated that the Proposed Action will require approximately 1.4 million kwh of electricity per year. Central Hudson Gas and Electric, is able to provide sufficient electric and gas service to the proposed project. In addition, lighting fixtures will utilize energy saving lamps and ballasts. Energy Conservation Measures All dwelling units will be built in conformance with the energy conservation regulations of the New York State Energy Conservation Construction Codes. In addition, low -flow water conservation plumbing devices will be installed on all showerheads and faucets consistent with the New York State Environmental Conservation Law. The impact of these water conservation devices is a reduction in the demand water, particularly for hot water, therefore reducing energy demand to heat water. All homes will be serviced by Central Hudson Gas and Electric. It is anticipated that all furnaces, water heaters, and cooking ranges will be fueled by natural gas. All homes will be equipped with forced hot air heat and central air conditioning. Energy conservation measures will include the following: • 90+% Efficient Furnaces; • 13 Seer Air Conditioning Condensors; • Programmable Thermostats; • Multiple Heating and Cooling Zones; 57 • Energy Star Qualified Water Heaters; • Energy Star Qualified Appliances; • High -Performance Low -E Windows; and • Insulated Exterior Doors and Garage Doors. Findinzs The Town of Wappinger Town Board, upon due consideration of the Draft and Final EISs and the information derived from public hearings and meetings during the course of this SEQRA review, finds that the Proposed Action will not have significant adverse impact with respect of these other SEQRA impacts. VI. CONCLUSIONS AND ADDITIONAL FINDINGS The Environmental Impact Statement evaluated the environmental effects of the proposed 225 -unit active adult residential development. Having considered the EIS, and the information and analysis contained therein, the Town Board hereby attests that these Findings: L Consider the relevant environmental impacts, facts and conclusions disclosed in the EIS; 2. Weigh and balance relevant environmental impacts with social, economic and other considerations; 3. Provide a rationale for the Town Board's decision(s); 4. Certify that the requirements of Part 617 have been met; and 5. Certify that consistent with social, economic and other essential considerations from among the reasonable alternatives available the Proposed Action is one that avoids or minimizes adverse environmental impacts to the maximum extent practicable, and that adverse environmental impacts will be avoided or minimized to the maximum extent practicable by incorporating mitigative measures, including but not limited to those identified in the EIS as practicable, as conditions of the Town Board's decision(s). Finding Statement Adopted: K)oyen brr a{,, 2412 7:1D0C8215001WappingeMilltop Village at WappingerUiilltop Findings Staternent.TB.euk_doc 59 R-40 Proposed Rezoning from R-40 to RMF -3 R-40 LEGEND — Existing Zoning District Boundary COP Proposed Rezoning from COP to RMF -3 -)6-46m* Existing Zoning District Boundary to be Removed +----m Proposed Zoning District Boundary R-20 R-40 ref -R♦ Proposed Rezoning from R-40 to RMF -3 PROPOSED ZONING MAP CHANGES In Connection With Hilltop Village at Wappinger Town of Wappinger, NY FREDERICK P. CLARK ASSOCIATES, INC. Exhibit PLANNING. TRANSPORTATION, ENVIRONMENT ANDDEVELOPMENT RYE. NEW YORK FAIRFIELD. CONNECTICUT Scala In Feet 600 0 Boo 1119112 200 WESTAGE BUSINESS CENTER FISHKILL, NEW YORK 12524 (845) 896-0128 KEANE & BEANE, P.C. ATTOR N EY5 AT LAW 445 HAMILTON AVENUE WHiTE PLAIN5, NEW YORK 10601 (914) 946-4777 FAX (914) 946-6868 www.kblaw.com October 21, 2010 Victor Fanuele, Planning Board Chairman and Members of the Planning Board Town of Wappinger 20 Middlebush Road Wappingers Falls, New York 12590 Re: Hilltop Village at Wappinger All Angels HillRoad, Wappinger, New York Dear Chairman Fanuele and Members of the Planning Board: RICHARD L_ C'ROURKE PRINCIPAL MEMBER RO'R'JURKECPKBLAW.COM OCi222010 roW/V 01z TowN CLERK ER As a follow-up to our earlier correspondence, what follows are comments previously provided by Bill Povall to the Town Attorney and Town Consulting Planner regarding the final scoping document, the adoption of which was on the Planning Board Agenda. 1 must emphasize Toll Brothers will not build a "Project Restricted to Persons 62 Years Age & Older." Because Toll Brothers w-ill.not build such a community, it is unreasonable to require the time, effort and expense of examining an alternative that is not within the range of alternatives that are reasonable considering Toll Brothers' objectives. Proposed Hilltop Village at Wappinger Project — Scoping Outline — DEIS Chapter 4 — Alternatives A narrative description of each impact issues above shall be provided for each alternative identified- below. Provide a comparable level of analysis for each potential impact area to allow the Lead Agency to evaluate the proposed Project in relation to potential alternatives. Summarize the comparative analysis in tabular format. The following alternatives shall be discussed and analyzed qualitatively and quantitatively; 1373/03/399250 V1 10/21/10 KEANE 8 BEANE, P.C. Victor Fanuele, Planning Board Chairman and Members of the Planning Board, Town of wappinger October 21, 2010 Page 2 A. No Action Alternative B. Construction Under the Existing R-40 and COP Zoning. 1. Conventional Subdivision. 2. Average Density Subdivision. 3. Conservation Subdivision. C. Alternate Zoning Techniques to Accomplish Age -Restricted Project. D. Alternate Site. Plans for Proposed Action that Reduce Impacts Including: 1. More than one means of regular ga=teal vehicular access into and out of the site. Reason for revision: The proposed gated community is a means by which traffic is limited to those who own property within the community or their guests. The private street network is meant to reduce traffic volume with reduced speeds and no cut through traffic. This helps maintain a safe and secure feeling of community which is desirable to many active adults. Private roads also eliminate any burden on the Town. Reason for removal: Cul-de-sacs remain a valuable asset to many traditional communities. Pedestrian access is easier due to the reduced vehicular conflicts and traffic calming is a direct benefit of not having through traffic. A well designed: sidewalk and trail network which allows pedestrian flow to loop around the community provides the block connectivity with a variety of walking experiences, through the neighborhood and through the wooded areas of the property. Forcing cul -de -sass to connect with other roads will also require increases in i afrasttuctute, impervious ateas, gtading, and earthmoving due to the existing contours. The connections will also decrease the density to accommodate the roadway, which will result in a negative impact on the fiscal benefit of each home. 3. Reorientation of Units 39-44 so that back of units does not face main roadway. Reason for removal• Toll Brothers, Inc. has presented the attached homes as another alternative for adult living. They have been proposed on the property closer to the main entrance drive for two reasons. First, the attached living unit is best suited for less sloping 13731031399250 V1 10/21/10 KEANE & BEANE, P.C. Victor Fanuele, Planning Board Chairman and Members of the Planning Board, Town of Wappinger October 21, 2010 Page 3 ground and will not have the same grading constraints. On this property the flatter ground is toward All Angels Hill Road. Second, this type of living unit is more dense, so naturally good planning places more dense living units closer to the community access. This results in fewer vehicular trips driving through the lesser dense portions of the community, and fewer traffic conflicts with pedestrian. circulation. "ems Reason for removal: The proposed gated community is a means by which traffic is ]united to those who own property within the community or their guests. The private street network is meant to reduce traffic volume with reduced speeds and no cut through traffic. This helps maintain a safe and secure feeling of community which is desirable to many active adults. Private roads also eliminate any burden on the Town. Toll Brothets, Inc. has presented the attached homes as another alternative for adult living. They have been proposed on the property closer to the main entrance drive for two reasons. First, the attached living unit is best suited for less sloping ground, and will not have the same grading constraints. On this property the flatter ground is toward All Angels Hili Road. Second, this type of living unit is more dense, so naturally good planning places more dense living units closer to the community access. This results in fewer vehicular trips driving through the lesser dense portions of the community, and fewer traffic conflicts with pedestrian circulation. Reason for removal: Most of the residents in the Toll Brothers, Inc. "Active Adult" communities desire a two car garages because most still own two cars. Those who only own one car stili enjoy the benefits of additional storage and workshop areas on their main living level. While one car garage plans can be investigated to offer prospective purchasers as an alternative, Toll Brotbers feels it will be a less desirable option. Designing the project with all two car garages will provide the option for each home to be constructed with a two cat garage if desired without impacting the project design. The proposed plan shows all two car garages in order to not limit perspective home owners that desire a one car garage to certain home types or locations, as well as ensure the stormwater management facilities are designed to handle stormwater runoff generated from the development if every home owner wanted a two cat garage. Shared driveways are an impediment for sales due to the lack of control the homeowner has over their driveway, and eliminates the independence that results in lack of control. Individual preferences on where cars are parked can cause problems between home owners, 1373/431389250 Vi 10/21/10 KEANE & BEANE, P.C. Victor Fanuele, Planning Board Chairman and Members of the Planning Board, Town of Wappinger October 21, 2010 Page 4 if one owner likes to park in the driveway he may be blocking access to the neighbor's garage, and not be aware he is causing any hardship. Consequently, designing a shared driveway wide enough to alleviate this problem negates the aesthetic and environmental benefits intended, and increases impervious area. Reason for removal: Toll Brothers, Inc, has presented the attached homes as another alternative for adult living. They have been proposed on the property closer to the main entrance drive for two reasons. First, the attached living unit is best suited for less sloping ground and will not have the same grading constraints. On this property the flatter ground is toward All Angels Hill Road. Second, this type of living unit is more dense, so naturally good planning places more dense living units closer to the community access. This results in fewer vehicular trips driving through the lesser dense portions of the community, and fewer traffic conflicts with pedestrian circulation. Rear loaded garages will requite additional accesses such as alley ways. These alley ways will increase infrastructure, impery-ous areas, grading, and earthmoving due to the existing contours. In addition to these increased environmental impacts, narrow alley ways can be more difficult to back up into for any type of driver due to the limited width and area for maneuvering, and are possibly more difficult for older drivers due to agility and reduced visual awareness. Alleys will increase the amount of impervious area on the property and increase the development costs (additional paving, curbing, stortnwater inlets, piping, and grading) thereby increasing the overall cost for each. home. This impacts the economic viability of the community which to be successful must be developed within a cost effective manner. Other detriments to alley loaded homes in an active adult setting are a lack of security arriving at the rear of your horae out of sight of your neighbors, additional lighting which will illuminate towards adjoining neighbors, and loss of back yard axe -as whicli remain a relaxing place for people to congregate. Also, the location of an alley could lead to instances where adhering to municipal highway design standards, particularly right-of-way dimensions, becomes difficult, if not impossible. Police have no jurisdiction on private property which adds to the concern of homeowners in the possible event of accidents or unwanted traffic. Reason for removal: The majority of people that live in our active adult communities axe active and able to drive to obtain services and facilities they need. This is not a continued care retirement center or a senior citizen home with residents who need different levels of personal attention. The typical resident is a move down buyer from a larger home and is looking for all the benefits of a comfortable home, suitable for their needs, in a secure environment without all 13731031389250 VI 10/21/10 KEANE 6 BEANE, P.C. Victor Fanuele, Planning Board Chairman and Members of the Planning Board, Town of Wappinger October 21, 2010 Page 5 the maintenance requitements of a traditional single family home. This is referred to as downsizing, and is a lifestyle that many active adults are seeking. Several retired teachers are interested in the "Active Adult" Community and enthusiastic about the clubhouse, swimming pool, tennis court and walking trails. It should be noted that the retirement incentive age in the Wappingers Central School District is 55 and there were many couples who fall between the 55 and 62 age range. F. Alternative Policies Regarding Children.. G. Alternative Policies Regarding "Affordable" Portion of Project (e.g., 80% of median family income (MFI) of County, 120% of MTI, etc.). Thank you for your consideration. Ver y purse { 4 F F I�ic d L. O'Rourke RLO/mq Enclosure(s) cc: Members of the Town Board Albert P. Roberts, Town Attorney James Fitzpatrick, Toll Brothers Daniel Zalinsky, Toll Brothers David Stolman, Town Consulting Planner Robert J. Gray, P.E., Town Consulting Engineer 1313/030 906 v1 1A/UM KEANE & BEANE, P.C. ATTORNEYS AT LAW 445 HAMILTON AVENUE WHITE PLAINS, NEW YORK 10601 (914) 946-4777. -- - PAX (914) 946-6868' www*blaw.00m 200 WESTAGE ]BUSINESS CENTER FISHKILL, NEW YORK 12524 (845) 896-0120 - - rune 2, 2010 &;Rft VIA REGULAR MAIL JUN p 4 2010 _17% Town of Wappinger P.O. Box 324 TOWN OF WAPPINGER 20 Middlebush Road Wappingers Falls, New York 12590 Attention: Chris Masterson, Town Clerk Re: Application for a Change of Zone Hilltop Village at Wappinger All An els Hill Road Wappifiger, New York Dear Mr. Masterson: As you know, Keane & Beane, P.C. represents Toll Brothers, Inc. in its capacity as authorized agent to seek a change in zone of property owned by Contrail, LLC. The property is designated as Parcel # 13-5689-6257-02-630770 and located on All Angels Hill Road. We respectfully request this matter be placed on the June 28, 2010 Town Board agenda so that we may provide the Town Board with a status report of our progress and anticipated schedule. Thank you for your consideration. ly yours, K0'R(o hard .urke cc: Mr. Werner Thiessen, SVP - Toll Brothers, Inc. Mr. Dan Zalinsky, Division President - Toll Brothers, Inc. Mr. Frank Buyakowski, Pres. - Contrail, LLC William Povall, PE - Povall Engineering NOTICE SEORA DECLARATION OF INTENT TO BE LEAD AGENCY To: Town of Wappinger Town Board Dutchess County Department of Health Dutchess County Department of Public Works New York State Department of Environmental Conservation From: Town of Wappinger Planning Board Supervisor Office MAY 19 2010 Date: May 18, 2010 ReceiVed Subject: Hilltop Village at Wappingrer - SEORA The Town Board of the Town of Wappinger has received an application from Toll Brothers Inc. (the "Applicant") on behalf of Contrail LLC (the "Owner") to change the zoning of approximately 145 acres of an existing 149.35 -acre parcel of land located on the westerly side of All Angels Hill Road and designated 13-5689-6257-02-630770 on the Town tax maps so as to permit a project known as Hilltop Village at Wappinger which would consist of 228 age -restricted dwelling units for persons 55 -years and older consisting of 171 detached units and 57 attached units (the "Proposed Action"). Twenty-three of the attached units are proposed to be affordable senior housing. The Planning Board has determined that the Proposed Action is a Type I action. The Planning Board is one of the Involved Agencies for the Proposed Action because Site Plan Approval from the Planning Board would be needed if the change in zoning is approved -by the Town Board. The Planning Board proposes to be the Lead Agency with regard to this Proposed Action under the requirements of the New York State Environmental Quality Review Act (SEQRA) and the Town of Wappinger Environmental Quality Review (WEQR) law. In accordance with the provisions of SEQRA, unless you submit a written objection to the Planning Board within thirty (30) calendar days from the mailing of this notification, the Planning Board will automatically assume the role of Lead Agency. Enclosed with this notice are Part 1 of the Environmental Assessment Form and the application which have been submitted by the Applicant. Enclosures cc: U.S. Army Corps of Engineers Dutchess County Department of Planning and Development JADOCKN5001WappingerMilitop Village at Wappinger1570.684 lead agency notice_euk.doc TOWN BOARD: TOWN OF WAPPINGER COUNTY OF DUTCHESS: STATE OF NEW YORK X In the Matter of the Application of TOLL BROTHERS, INC. For Amendment of the Zoning Map of the Town of Wappinger to change the zoning designation of Certain Real Property known and designated on the Tax Assessment Map of the Town of Wappinger as AMENDED PETITION part of Tax Map Grid Number 13.5689.6257.02.630770 from the R-40 and COP Districts to the RMF -3 District. X Toll Brothers, Inc. by their attorneys, Keane & Beane, P.C., hereby respectfully petitions the Town Board of the Town of Wappinger ("Town Board") as follows: I. PRELIYUNARY STATEMENT 1. This Amended Petition (originally dated 0111412008) seeks an amendment of the Zoning Map of the Town of Wappinger so as to change the zoning designation of approximately 145.31 acres of a 149.35 acre parcel from 1 -Family Residential (R-40) and Conservation Office Park (COP) to Multi -Family Residential (RMF -3). The remaining 4.04 acres are proposed to remain R-40 identical to the zoning of the abutting parcels. 2. Toll Brothers, Inc., as authorized agent for Contrail, LLC, seeks this amendment in relation to its residential development proposal ("Hilltop Village. at Wappinger") which consists of approximately 228 age -restricted dwelling units (171 detached, 57 attached) for persons 55 -years and older. Twenty-three (23) of the 76 attached dwelling units will be offered as "affordable senior housing" which equates to ten (10%) percent of the total number of dwelling units in the proposed residential community. 13731031367937 V] 9/30109 3. The residential development proposal also includes a community center, recreation amenities, preservation of natural areas as open space and the reconstruction of an existing private road to town road standards. The existing road will serve as access to the proposed residential development and' the R&R Realty Associates parcel (Flavormatic) (Tax Grid Number 135689-6257-02-641904-0000). 4. Petitioner seeks to amend the Zoning Map to change the zoning designation of the real property subject to this petition to RMF -3 from its current zoning designation of R-40 and COP. The requested amendment is consistent with the uses of neighboring parcels and finds abundant support in the Town of Wappinger's draft Comprehensive Plan. H. THE PROPERTY 5. The real property which is the subject of this Petition consists of approximately 145.31 acres of a 149.35 acre parcel with frontage on All Angels Hill Road, Rich Drive and Sylvia Drive. The property is owned by Contrail, LLC and is known and designated on the Tax Assessment Map for the Town of Wappinger as Tax Map Grid Number 13.5689.6257.02.630770 (hereinafter referred to as the "Property"). The 4.04 acres of the parcel not subject to this petition would remain in its current zoning designation, R-40. 6. Approximately 71 acres of the Property is currently zoned R-40 and approximately 78.35 acres is currently zoned COP, however, most of the land lies vacant in a forested state and is surrounded mainly by residential land uses. 7. The 78.35 acres currently zoned COP stands as one of the only non -residentially zoned properties in the surrounding area.. Accordingly, the Property's current zoning designation is inconsistent with surrounding zoning designations. Furthermore, the property has 13731031367937 V1 9130109 -2- retained the COP zone since the 1970's and yet remains vacant, clearly indicating that the COP zone is inappropriately applied to this property. 8. Changing the Property's zoning designation to R3AF-3 would provide a more consistent zoning scheme in the area of the Town in which the Property is located. III. THE DRAFT COMPREHENSIVE PLAN SUPPORTS THE PROPOSED USE 9. The Town of Wappinger's draft Comprehensive Plan provides ample support for amending the Zoning Map to include the Property in the RMF -3 zoning district. A. Need for High Density Housing 10. The draft Comprehensive Plan cites a need for more high density housing and smaller households as there is a "growing mismatch between the trend of smaller household sizes and the large three -or -mare bedroom homes that have been built and will be built under current zoning." (draft Comprehensive Plan, p. 4, 25, 31). 11. The Town has acknowledged in its Master Plan that it "bears some responsibility' for this disparity. (draft Comprehensive Plan, p. 31). Under present zoning, ninety-six (96%) of all future residential growth will be single-family detached housing while only 80-100 additional multi -family units (of 2,000 total potential housing units) would be supported. 12. The Town is experiencing a critical need for smaller homes and multi -family dwelling units. (draft Comprehensive Plan, p. 25) 13. The residential development proposed by Toll Brothers, Inc. for the Property under the R1VIli-3 zone change will consist of the higher density, smaller households suggested by the draft Comprehensive Plan. Under present zoning only 39 residential single-family lots could be developed on the Property, whereas under the proposed zoning 321 residential dwelling units could be developed utilizing the same amount of land. 1373103/367937 VI 9/30109 -3- 14. Furthermore, allowing for higher `residential density will aid the Town in achieving its objective of "extending utilities at the lowest cost feasible by serving the highest number of users per linear distance of the utilities." (Comprehensive Plan, p. 11). Higher density translates to a lower cost to the users of central utilities. Accordingly, changing the zoning designation of the Property to RMF -3 may result in lower utility bills for those serviced by Central Wappinger Water Improvement Area No. 1 and Rockingham Farms Sewer District (the public water and sewer districts in which the Property is located). Importantly, this result can be achieved without adding a significant impact on these services since smaller households use less potable water and produce less wastewater than typical single-family homes. B. Need for a Variety of Housing Types and Sizes, Including Senior and Workforce Housing 15. Regarding population and housing stock, the Town's stated goal in the draft Comprehensive Plan is to "[i]mprove housing choice in the Town by encouraging a balance of housing types and sizes that meet the needs of existing and future Wappinger residents and employees." 16. To achieve this goal, the Town's stated objectives include encouraging a sufficient supply of affordable and workforce housing as well as requiring a variety of housing types and sizes. 17. "The housing mismatch also makes it difficult for small families, seniors and young adults to remain in the community ... (draft Comprehensive Plan, p. 25) 18. "A majority of Wappinger residents responding to the 2004 survey (58% of preliminary results) supported a greater diversity of housing types and sizes to meet the changing needs of the community. Thirty-five percent of residents responded that they would prefer to live (either now or in the future) in well designed, low maintenance housing such as townhouses, 13731031367937 V1 9/30109 -4- condominiums or apartment if such housing was available in the Town." (See, draft Comprehensive Plan, p. 31). 19. Adequate housing stock to serve its demographics is a vital component to any municipality. The Town has recognized in its draft Comprehensive Plan that the "senior population is projected to grow considerably over the next 20 years." (Comprehensive Plan, p. 26). Changing the Property to RIF -3 will allow the development of smaller, age -restricted dwelling units in a low maintenance community setting that will be in high demand as the Town's senior population increases. Therefore, the requested zone change will contribute to correcting the disparity between the needs of a changing demographic and the production of suitable housing. (See, Comprehensive Plan, p. 31). 20. An RMF -3 zoning designation will allow for a variety of housing types and will encourage a variety of architectural styles by permitting multi -family structures 21. The residential development proposed by Toll Brothers, Inc. for the Property includes a healthy mix of detached and attached age -restricted dwelling units, of which twenty- three (23) of the attached units shall be available as senior affordable housing. 22. The creation of workforce housing will encourage business and economic development within the Town as the high cost of housing has been a limiting factor in achieving this goal. (Comprehensive Plan, p. 33). Amending the Zoning Map to change the Property's designation to RI -AF -3 will allow for the creation of affordable housing thereby "provid[ing] opportunities to local businesses to expand and for new business to locate in the region, thereby improving the local economy." (Comprehensive Plan, p. 34). 13731031367937VI 9130109 -5- l IV. CONCLUSION 23. As confirmed by its draft Comprehensive Plan, the Town of Wappinger recognizes a need to change its present zoning to allow for more multi -family, smaller households to accommodate its growing senior population. Amending the Zoning Map to change the zoning designation of the Property from R-40 and COP to RMF -3 would allow the Town to achieve the goals and objectives set forth in its draft Comprehensive Plan. WHEREFORE, Petitioner Toll Brothers, Inc. respectfully requests that after due deliberation, the Town Board of the Town of Wappinger grant the Zoning Map amendment described herein. Dated: White Plains, New York September 30, 2009 ]KEANE & BEANE, P. C. By: o &."4j 9, Richard L. O'Rourke Attorneys for Petitioner Toil Brothers, Inc. 445 Hamilton Avenue, 15th Floor White Plains, New York 10601 (914) 946-4777 To: Chris Masterson, Town Clerk Albert Roberts, Esq., Town Attorney 1373/631367937 VI 9/30M -6- TowN OF WAPPIN ER P.O. Box 324 -- 20 MIDDLEBUSH RoAD WAPPINGERS FALLS, NY 12590 Town acard Drfice: 845.297.2744 N Fax: 645.297.4556 TDwn Maric Dffiice: 545.297.5771 www.town af%vappfn9er. us Application for a Change of Zone INTRODU=ON. A request for rezoning requires review by various agencies. First, the Town Board is specifically required by law to conduct a detailed environmentai analysis of your requested zone change.. Second, your request must be referred to the Town flf Wappinger Planning Board and various other'Town Officials for their review. Your request may also require referral to the Dutchess County Planning Department. In Order to minimize delays, and process your application as expeditiously as possible, we ask that you carefully fill -out the attached application for a change of zone, and submit the required exhibits listed at the end Of the applicatlon. Note: THE APPLICATION AND EXHIBITS SHOULD BE SUBMITTED TO Chris Masterson Town Clerk 1. RECORD OWNER: Contrail, LLC 2. OWNER'S .ADDRESS: 1906 Rte. 52, Hopewell ,function, NY 12533 3. OWNER'S TELEPHONE: (days) 845--897-2664 (evenings) 4. APPLICANTS ADDRESS: (If other than Owner): Toll Brothers, Inc. S. APPLICANTS ADDRESS: (If other than owner): 60 Merritt Blvd. , Suite 100 Fis'hLkill, NY 12524 5. APPLICANTS TELEPHONE: (days) 845--897-8900 (evenings) 7. PROPERTY ADDRESS (if different): All Angels Hill Road Wappingers Falls, NY 12590 S. TAX MAP GRID NUMBER OF PROPERTY: 13-5689-6257.02.630770 9. PRESENT ZONE OF PROPERTY: R-40 & CDP {� 10. REQUESTED ZONE OF PROPERTY: RMR -5 11. TOTAL AREA OF PROPERTY: square feet or ±145 of 149.3�cres 12.DIMENSIONS OF PROPERTY: Various TOWD)0.T$-ACZ (11-05 Rev) ] of5 Town Of Wapp1nger Town Board Application for a Change Of ZDne 13. LIST ANY ROAD FRONTAGES ON YOUR PROPERTY: 780 FOOT OF FRONTAGE ON All _Angelc_Hill-- _- ROAD. 50 FDOT OF FRONTAGE ON _ Rich IlI:ive _ ROAD. 50 FOOT OF FRONTAGE ON Sylvia Drive 14. 15. PROPERTY VACANT LAND? YES 15. IF NOT, IDENTIFY ANY STRUCTURES PRESENTLY ON THIS PROPERTY: N/A 15. DESCRIBE THE PRESENT USE(S) OF THE PRDPERTY: Vacant 17. IS PROPERTY NOW SUB]ECT TO ANY RIGHTS-OF-WAY OR FAS EMENT(S) IN FAVOR OF OTHER PROPERTIES? Ye (13.5659.6257.02.641904) 18. IS THE PROPERTY PRESENTLY WITHIN A PUBLIC OR PRIVATE WATER DISTRICT? Yes (Public) WHICH ONE? r, n rat Wannirigar Water Improvement ArQa No. 3 19. IS PROPERTY PRESENTLY WITHIN A PUBLIC DR PRIVATE SEWER DISTRICT? Yes (public) WHICH ONE? Rockingham Farms Sewer District (WST/TIA Phase 2) 2D. DESCRIBE THE PURPOSE OF YOUR ;=DNING REQUEST AND THE GENERAL NATURE OF DEVELOPMENT PLANS: See attached 21. DESCRIBE PROPOSED SIZE OF ANY BUILDINGS TO BE CONSTRUCTED, E.G,: RESIDENTIAL UNITS OF APPROX. 1800 SQ. FT. EACH NIA SQ. FT. RETAIL SPACE NIA SQ. FT. OFFICE SPACE N/A SQ. FT. INDUSTRIAL SPACE 22. LIST OWNERS AND ADDRESSES PROPERTY: See Attached NORTH OWNER: ADDRESS: PROPERTY USE: EAST OWNER: ADDRESS: PRDPERTY USE: SOUTH OWNER: ADDRESS: PROPERTY USE: WEST OWNER: ADDRESS: PROPERTY USE: TOWDj0_TS-ACZ (13-05 Rn,) 2 ofn; OF ABUTTING PROPERTY AND EXISTING USES OF TOV OMTB-AGZ (11-05 Rcv) 4 of 5 Town of Wappinger Town Board Application for a Change of Zone ATTACHMENTS THE FOLLOWING MUST BE SUBMITTED WITH YOUR WRITTEN APPLICATION: 1. PARTS I & II (AND PART III, IF APPLICABLE) OF THE LONG -FORM ENVIRONMENTAL ASSESSMENT FORM. NOTE THAT THE E.A.F. SHOULD CONCENTRATE ON THE BROAD IMPACTS OF THE REZONING AND NOT )UST ON THE SITE-SPECIFIC IMPACTS OF YOUR PROPOSED PROJECT. Z. IF APPLICANT DIFFERENT FROM OWNER, A WRITTEN STATEMENT FROM OWNER, AUTHORIZING YOU TO MAKE THE APPLICATION SHOULD BE ATTACHED. 3. MAP OR SKETCH SHOWING LOCATION OF YOUR PROPERTY AND THE SECTION(S) OF IT THAT YOU WISH TO HAVE REZONED. 4. COPY OF OWNERS DEED. DATE OF SUBMISSION: DATE RECEIVED BY TOWN CLERK: Frank Buyakowski, President Contrail, LLC .Dan Zalinsky- _Diuision Senior Vice President Toll, Brothers, Inc TOW014.TT3 ACZ (11-45 Rtv) 5 of 5 Signature ofOwner(s) Application for a Change of Zone Contrail, LLC 20. DESCRIBE PURPOSE OF YOUR REZONING REQUEST AND THE GENERAL NATURE OF DEVELOPMENT PLANS: Change the zoning designation of approximately 145 acres of an existing 149.35 acre parcel to accommodate a proposed residential development. The action will change the present R-40 (1 -Family Residence) and C.O.P (Conservation Office Park) zoning designations to entirely RMF -3 (Multi -Family Residential). The surrounding property is predominantly residentially zoned. The proposed development will consist of 228 age -restricted dwelling units for persons 55 -years and older, consisting of 171 detached dwelling units and 57 attached units. Twenty -Three (23) of the attached dwelling units will be offered as senior affordable housing. This equates to ten percent (10%) of the total number of dwelling units in the proposed community. The project includes reconstruction of the existing private road to town road standards. This road will serve as access to the proposed community and the R & R Realty Associates (Flavormatic) parcel (#135689-6257-02-641904-0000). The internal road system within the community will be privately owned and maintained by HOA's (Homeowners Associations). A community center and recreation amenities are proposed for the community. These too will be owned and maintained by a HOA. 617.20 RECEIVE� Appendix A State Environmental Quality Review FULL ENVIRONMENTAL ASSESSMENT FORM MAY 6 PLANNING DEPL�.F� WENT PURPOSE: The full EAF is designed to help applicants and agencies determine, in an orderly manner, A4%a*AjeFq4*tion may be significant. The question of whether an action may be significant is not always easy to answer. Frequently, there are aspects of a project that are subjective or unmeasurable. It is also understood that those who determine significance may have little or no formal knowledge of the environment or may not be technically expert in environmental analysis. In addition, many who have knowledge in one particular area may not be aware of the broader concerns affecting the question of significance. The full EAF is intended to provide a method whereby applicants and agencies can be assured that the determination process has been orderly, comprehensive in nature, yet flexible enough to allow introduction of information to fit a project or action. Full EAF Components: The full EAF is comprised of three parts: Part 1: Provides objective data and information about a given project and its site. By identifying basic project date, it assists a reviewer in the analysis that takes place in Parts 2 and 3. Part 2: Focuses on identifying the range of possible impacts that may occur from a project or action. It provides guidance as to whether an impact is likely to be considered small to moderate or whether it is a potentially -large impact. The form also identifies whether an impact can be mitigated or reduced. Part 3: If any impact in Part 2 is identified as potentially -large, then Part 3 is used to evaluate whether or not the impact is actually important. THIS AREA FOR LEAD AGENCY USE ONLY DETERMINATION OF SIGNIFICANCE -- Type I and Unlisted Actions Identify the Portions of EAF completed for this project: MX Part 1 1:1 Part 2 M Part 3 Upon review of the information recorded on this EAF (Parts 1 and 2 and 3 if appropriate), and any other supporting information, and considering both the magnitude and importance of each impact, it is reasonably determined by the lead agency that: A. E The project will not result in any large and important impact($) and, therefore, is one which will not have a 3 significant impact on the environment, therefore a negative declaration will be prepared. B Although the project could have a significant effect on the environment, there MH not be a significant effect for this Unlisted Action because the mitigation measures described in Part 3 have been required, therefore a CONDITIONED negative declaration will be prepared.* 1:1 C. The project may result in one or more large and important impacts that may have a significant impact on the environment, therefore a positive declaration will be prepared. * A Conditioned Negative Declaration is only valid for Unlisted Actions Hilltop Village at Wappinger Name of Action Town of Wappinger Planning Board Name of Lead Agency Victor L. Fanuele Print or Type Name of Responsible Officer in Lead Agency Signature of Responsible Officer in Lead Agency Planning Board Chairmar�� Title of ResponsibA Offi POV AL� �^c&Y_ ; kJJ5t:_;Q j4 Signature of Prepared (It different from responsible officer) May 3, 2010 Date Page 1 of 21 PART 1 --PROJECT INFORMATION Prepared by Project Sponsor NOTICE: This document is designed to assist in determining whether the action proposed may have a significant effect on the environment. Please complete the entire form, Parts A through E. Answers to these questions will be considered as part of the application for approval and may be subject to further verification and public review. Provide any additional information you believe will be needed to complete Parts 2 and 3. It is expected that completion of the full EAF will be dependent on information currently available and will not involve new studies, research or investigation. If information requiring such additional work is unavailable, so indicate and specify each instance. Name of Action Hilltop Village at Wappinger Location of Action (include Street Address, Municipality and County) All Angels Hill Road, Wappinger, NY, Dutchess County Name of Applicant/Sponsor Toll Brothers, Inc. Address 60 Merritt Blvd_ Ste. 100 City/PO Fishkill Business Telephone 845-897-8900 Name of Owner (if different) Contrail, LLC Address 25 Corporate Park Drive, Suite C State NY Zip Code 12524 Qty/P0 Hopewell ]unction State NY Zip Code 12533 Business Telephone 845-897-2664 Description of Action: Change the zoning designation of approximately 145 acres of an existing 149.35 acre parcel to accommodate a proposed active adult residential development. The action will change the present R-40 (1 -Family Residence) and C.O.P. (Conservation Office Park) zoning designations to entirely RMF -3 (Multi -Family Residential). The surrounding property is predominantly residentially zoned. The proposed development will consists of 288 age -restricted dwelling units for persons 55 years and older, consisting of 171 detached dwelling units and 57 attached units. Twenty three (23) of the attached dwelling units will be offered as affordable senior housing. This equates to ten percent (10%) of the total number of dwelling units in the proposed community. The project includes resurfacing of the existing private road and maintaining a right-of-way (R.O.W.) for full access to Lot No. I (R & R Realty Associates [Flavormatic] Parcel No. 13-5689-6257-02-641904). This road will serve as access to the proposed community internal road system and will be privately owned and maintained by the Homeowner's Association (HOA). community center and recreation amenities are proposed for the community which will also be owned and tintained by the HOA. proposed parcel of land has been set aside and will be offered for dedication to the town for a Town Senior Center. A 51.7+/- acre parcel of land adjacent to the existing Town Recreation Center on Robinson Lane is offered for dedication to the town for recreation purposes. Page 2 of 21 Please Complete Each Question --Indicate N.A. if not applicable A. SITE DESCRIPTION Physical setting of overall project, both developed and undeveloped areas. 1. Present Land Use: El Urban El Industrial El Commercial El Residential (Suburban) El Rural (non-farm) El Forest El Agriculture ❑ Other 2. Total acreage of project area: 149.35+ acres. APPROXIMATE ACREAGE PRESENTLY AFTER COMPLETION Meadow or Brushland (Non-agricultural) 14.0+/- acres 0.0+/- acres Forested 99.1+1- acres 30.0+/- acres Agricultural (Includes orchards, cropland, pasture, etc.) acres acres Wetland (Freshwater or tidal as per Articles 24,25 of ECL) 352+/- acres 35.2+/- acres Water Surface Area acres acres Unvegetated (Rock, earth orfill) acres acres Roads, buildings and other paved surfaces 1.05+/- acres 25.1+1- acres Other (Indicate Type) Lawn & landscaping acres 59.05+/- acres 3. What is predominant soil type(s) on project site? `See additional information a. Soil drainage: FX1 Well drained 53 % of site ❑ Moderately well drained % of site ElPoorly drained 47 % of site b. If any agricultural land is involved, how many acres of soil are classified within soil ground 1 through 4 of the NYS Land Classification System? NIA acres (see NYCRR 370) 4. Are there bedrock outcroppings on project site? El Yes M No a. What is the depth to bedrock? >5' # (in feet) As per the Dutchess County Soil Survey (1991) *See additional information 5. Approximate percentage of proposed project site with slopes: FX_10-10% 69 % 010-15% 17% El15% or greater 14% 6_ Is project substantially contiguous to, or contain a building, site, or district, listed on the State or National Registers of Historic Places? ❑ Yes El No 7. Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? ❑Yes �No 8. What is the depth of the water table? (in feet) As per the Dutchess County Soil Survey (1991) *See additional information 9. Is site located over a primary, principal, or sole source aquifer? ❑ Yes 7 No 10. Do hunting, fishing or shell fishing opportunities presently exist in the project area?ElYes No Page 3 of 21 11. Does project site contain any species of plan or animal life that is identified as threatened or endangered? According to: 9.Y.S.D.E.C. Identify each species: Blandings Turtle may exist within 0.6 miles of the site. 12. Are there any unique or unusual land forms on the project site? (i.e., cliffs, dunes. Other geological formations?) ❑Yes � No Describe: 13. Is the project site presently used by the community or neighborhood as an open space or recreation area? ❑ Yes M No If yes, explain: 14. Does the present site include scenic views known to be important to the community? El Yes M No 15. Streams within or contiguous to project area? El Yes M No a. Name of Stream and name of River to which it is a tributary VIA 16. Lakes. Bonds, wetland areas within or contiguous to project area: V.Y.SD.E.C. Freshwater Wetland WF 6, USAGE jurisdictional wetlands & unnamed Town of Wappinger wetlands h_ Size (in acres): 15.2+/- acres Page 4 of 21 Yes❑ No 17. Is the site served by existing public utilities? El Yes ❑ No a. If YES, does sufficient capacity exist to allow connection? El Yes ❑ No b. if YES, will improvements be necessary to allow connection? El Yes ❑ No 18. Is the site located in an agricultural district certified pursuant to Agriculture and Markets Law, Article 25 -AA, Section 303 and 304? ❑ Yes M No 19. Is the site located in or substantially contiguous to a Critical Environmental Area designated pursuant to Article 8 of the ECL, and 5 NYCRR 617? El Yes M No 20. Has the site ever been used for the disposal of solid or hazardous wastes? ❑ Yes El No B. Project Description 1. Physical dimensions and scale of project (fill in dimensions as appropriate). a. Total contiguous acreage owned or controlled by project sponsor: 149.35+/- acres. b. Project acreage to be developed: 149.35+/- acres initially; 149.35+/- acres ultimately. C. Project acreage to remain undeveloped: 0.0+/- acres. d. Length of project in miles: N/A (if appropriate) e. If the project is an expansion, indicate percent of expansion proposed. NIA %. f. Number of off-street parking spaces existing: g. Maximum vehicular trips generated per hour: 0 ; proposed: 490 55* (upon completion of project)? * See additional information h. if residential: Number and type of housing units: One Family Two Family Initially 0 Ultimately 171 Dimensions (in feet) of largest proposed structure: 35'+/- height; Linear feet of frontage along a public thoroughfare project wilt occupy is? 2. How much natural material (i.e. rock, earth, etc.) will be removed from site? 3. Will disturbed areas be reclaimed? El Yes El No ❑ N/A a. f yes, for what intended purpose is the site being reclaimed? 3rading /landscaping Multiple Family Condominium 0 57 71'+/- width; 210'+/- length. 1,025+/- ft. 0 tons/cubic yards. b. Will topsoil be stockpiled for reclamation? Yes F-1 No C. Will upper subsoil be stockpiled for reclamation? 0 Yes El No 4. How many acres of vegetation (trees, shrubs, ground covers) will be removed from site? Page 5 of 21 25.1+/- acres. 5_ Will any mature forest (over 100 years old) or other locally -important vegetation be removed by this project? El Yes ED No 6. If single phased project: Anticipated period of construction: NIA months, (including demolition) 7. If multi -phased: a. Total number of phases anticipated 4 number b_ Anticipated date of commencement phase 1: 10 month 2012 year, (including demolition) C. Approximate completion date of final phase: 10 month 2016 year. d. Is phase 1 functionally dependent on subsequent phases? ❑ Yes FX1 No 8. Will blasting occur during construction? ❑ Yes FX I No 9. Number of jobs generated: during construction: 1.00+1- ; after project is complete: 5+1- 10. Number of jobs eliminated by this project 0 11. Will project require relocation of any projects or facilities? ❑ Yes M No If yes, explain: 12. Is surface liquid waste disposal involved? El Yes ❑ No a. If yes, indicate type of waste (sewage, industrial, etc_) and amount Sanitary Sewer b. Name of water into which effluent will be discharged Hudson River 13. Is subsurface liquid waste disposal involved? E-1 Yes M No Type 14. Will surface area of an existing water body increase or decrease by proposal? El Yes M No If yes, explain: 15. Is project or any portion of project located in a 100 year flood plain? 16. Will the project generate solid waste? El Yes ❑ No a. If yes, what is the amount per month? 30 tons. El Yes M No b. If yes, will an existing solid waste facility be used? El Yes ❑ No C. If yes, give name Dutchess Co. Res. Recov. ; location Poughkeepsie, NY d. Will any wastes not go into sewage disposal system or into a sanitary landfill? Page 6 of 21 El Yes El No e. If yes, explain: 17. Will the project involve the disposal of solid waste? ❑ Yes F71 No a. If yes, what is the anticipated rate of disposal? tons/month. b. If yes, what is the anticipated site life? years. 18. Will project use herbicides or pesticides? El Yes ❑ No * See additional information 13. Will project routinely produce odors (more than one hour per day)?ElYes � No 20. Will project produce operating noise exceeding the local ambient noise levels?F1Yes No 21. Will project result in an increase in energy use? El Yes ❑ No If yes, indicate type(s) / electricity 22_ If water supply is from wells, indicate pumping capacity NIA gallons/minute 23. Total anticipated water usage per day 54,720 gallons/day "See additional information 24. Does project involve Local, State or Federal funding? El Yes El No If yes, explain: Page 7of21 25. Approvals Required: Type Submittal Date City, Town, Village Board ElYes ❑ No Change in zoning designation City, Town, Village Planning Board El Yes No El Site Plan Approval Subdivision Approval Wetland Disturbance City, Town zoning BoardElYes No City, County Health Department D Yes ❑ No Water distribution & sewage collection Realty Subdivision & Pool Other Local Agencies ❑YesFx No Other Regional Agencies 0 Yes ❑ No DCDPW -Entrance Permit Stage Agencies El Yes No 1:1 NYSDEC Stormwater SPDES Federal Agencies Fx Yes ❑ No USACE wetland NWP C. Zoning and Planning Information 1. Does proposed action involve a planning or zoning decision? El Yes ❑ No If yes, indicate decision required: Zoning amendment ❑Zoni.ng variance New/revision of master plan �Subdivisicn Site Plan E]Special Use Permit El Resource management plan El. Other Page 8 of 21 2 What is zoning classification(s) of the site? R-40 I Family Residence District (71 acres) C.O.P. Conservation Office Park District (78.35 acres) 3_ What is the maximum potential development of the site if developed as permitted by the present zoning? R-40 = 34 Lots (Acreage in R-40 - wetlands/40,000 sq. ft.) C.O.P. = 463,914 sq, ft. commercial space 4. What is the proposed zoning of the site? 5. What is the maximum potential development of the site if developed as permitted by the proposed zoning? 321 residential dwelling units (acres of net lot area x 3 dwelling units/acre) 6. Is the proposed action consistent with the recommended uses in adopted local land use plans? � Yes 1:1No 7. What are the predominant land use(s) and zoning classifications within a 1/4 mile radius of proposed action? Use(s) Family Residential Family Residential Manufacturing of Worship Zoning Classifications R-40 1 -Family Residential R-20 1 -Family Residential COP Conservation Office Park g. Is the proposed action compatible with adjoining/surrounding land uses within a 114 mile? M Yes ❑ No 9. If the proposed action is the subdivision of land, how many lots are proposed? See Description of Action a_ What is the minimum lot size proposed? See Description of Action Page 9 of 21 1(), Will proposed action require any authorizadon(s) for the formation of sewer aT water districts? ❑ Yes R No 11. Will the proposed action create a demand for any community provided services (recreation, education, police, fire protection)? El Yes 1:1 No a. If yes, is existing capacity sufficient to handle projected demand? Yes F� No 12. Wil! the proposed action result in the generation of traffic significantly above present levels? a, If yes, is the existing road network adequate to handle the additional Yes F1No traffic? 1:1 ❑ Yes El No D. Informational Details Attach any additional Information as may be needed to clarify your project. If there are or may be any adverse impacts associated with your proposal, please discuss such impacts and the measures which you propose to mitigate or avoid them - l`. Verification I certify that the information provided above is true to the best of my knowledge. Applicant/Sponsor Name f Signature Title Data crest , if the action Is In the Coastal Area, and you area a state agency, complete the Coastal Assessment Form before proceeding with this assessment Page 10 of 21 PART 2 - PROJECT IMPACTS AND THEIR MAGNITUDE Responsibility of Lead Agency General Information (Read Carefully) I In completing the form the reviewer should be guided by the question. Have my responses and determinations been reasonable? The reviewer is not expected to be an expert environmental analyst. } The Examples provided are to assist the reviewer by showing types of impacts and wherever possible the threshold of magnitude that would trigger a response in column 2. The examples are generally applicable throughout the State and for most situations. But, for any specific project or site other examples and/or lower thresholds may be appropriate for a Potential Large Impact response, thus requiring evaluation in Part 3- 1 The impacts of each project, on each site, in each locality, will vary_ Therefore, the examples are illustrative and have been offered as guidance. They do not constitute an exhaustive list of impacts and thresholds to answer each question. I The number of examples per question does not indicate the importance of each question. ! In identifying impacts, consider long term, short term and cumulative effects. Instructions (Read carefully) a. Answer each of the 20 questions in PART 2. Answer Yes if there will be any impact. b. Maybe answers should be considered as Yes answers. c. If answering Yes to a question then check the appropriate box (column 1 or 2) to indicate the potential size of the impact. If impact threshold equals or exceeds any example provided, check column 2. If impact will occur but threshold is lower than example, check column 1. d. Identifying that an impact will be potentially large (column 2) does not mean that it is also necessarily significant. Any large impact must be evaluated in PART 3 to determine significance_ Identifying an impact in column 2 simply asks that it be looked at further. e. If reviewer has doubt about size of the impact then consider the impact as potentially large and proceed to PART 3. f. If a potentially large impact checked in column 2 can be mitigated by change(s) in the project to a small to moderate impact, also check the Yes box in column 3. A No response indicates that such a reduction is not possible. This must be explained in Part 3. Page 11 of 21 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated By Impact Impact Project Change IMPACT ON LAND Will the Proposed Action result in a physical change to the project s ite? No Elyes F-1 Examples that would apply to column 2 Any construction on slopes of 15% or greater, (15 foot riseF-1 in El Yes F-1 ElNo per 100 foot of length), or where the general slopes the project area exceed 10%. Construction on land where the depth to the water table isEl F-1 Yes F-1 ElNo less than 3 feet. Construction of paved parking area for 1,000 or more ❑ ❑ ❑ Yes FNo vehicles. Construction on land where bedrock is exposed or generallyEl 1-1 Yes 1-1 E-1No within 3 feet of existing ground surface. Construction that will continue for more than 1 year orF-1 El Yes El F-1No involve more than one phase or stage. Excavation for mining purposes that would removed moreEl F-1 Yes El ElNo than 1,000 tons of natural material (i.e., rock or soil) per year. Page 11 of 21 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated By Impact Impact Project Change • Construction or expansion of sanitary landfill. El 1:1 ❑ Yes 1:1 No • Construction in a designated floodway. El El ❑ Yes ❑ No • Other Impacts El 1:1 El Yes 1:1 No Existing wooded area to be converted to road, homes and driveways 2. Will there be an effect to any unique or unusual land forms found on the site (i.e., cliffs, dunes, geological formations, etc.) El No ❑ Yes • Specific land forms: ❑ IMPACT ON WATER 3. Will Proposed Action affect any water body designated as protected? (Under Articles 15, 24, 25 of the Environmental Conservation Law, EGL) 0 No 1:1 Yes Examples that would apply to column 2 • Developable area of site contains a protected water body. ❑ Dredging more than 100 cubic yards of material from channel of ❑ a protected stream. Extension of utility distribution facilities through a protected water ❑ body. • Construction in a designated freshwater or tidal wetland. ❑ • Other Impacts ❑ 4. Will Proposed Action affect any non -protected existing or new body of water? El No ❑ Yes Examples that would apply to column 2 • A 10% increase or decrease in the surface area of any body of water or more than a 10 acre increase or decrease. Construction of a body of water that exceeds 10 acres of surface area. • Other Impacts Page 12 of 21 El 1:1 Yes F� No 1:1 1:1 Yes 1:1 No El Yes ❑ No ❑ ❑ Yes ❑ No El ❑ Yes ❑ No 1:1 Yes 1:1 ❑ No 1:1 1:1 Yes 1:1 No El 1:1 ❑ Yes ❑ No El El 1:1 Yes ❑ No ❑ 1:1 Yes 1:1 ❑ No 5_ Will Proposed Action affect surface or groundwater quality or quantity? El No FX I Yes Examples that would apply to column 2 • Proposed Action will require a discharge permit. Proposed Action requires use of a source of water that does not have approval to serve proposed (project) action. • Proposed Action requires water supply from wells with greater than 45 gallons per minute pumping capacity_ Construction or operation causing any contamination of a water supply system. • Proposed Action will adversely affect groundwater Liquid effluent will be conveyed off the site to facilities which presently do not exist or have inadequate capacity. Proposed Action would use water in excess of 20,000 gallons per day. Proposed Action will likely cause siltation or other discharge into an existing body of water to the extent that there will be an obvious visual contract to natural conditions. Proposed Action will require the storage of petroleum or chemical products greater than 1,100 gallons. Proposed Action will allow residential uses in areas without water and/or sewer services. Proposed Action locates commercial and/or industrial uses which may require new or expansion of existing waste treatment and/or storage facilities. • Other Impacts Re -grading and increased impervious areas will increase stormwater run-off Page 13 of 21 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated By Impact Impact Project Change El ❑ Yes El No El El ED Yes El No El El El E]Yes ❑ No El El E]Yes ❑ No EJ El E:]Yes ❑ No El El E]Yes ❑ No 0 ❑ E]Yes ❑ EJ El ❑ Yes No E-1 El El Yes El No El El ED ❑ Yes El No El El ❑ Yes No El El El El Yes El No 6- Will Proposed Action alter drainage flow or patterns, or surface water runoff? 1:1 No M Yes Examples that would apply to column 2 • Proposed Action would change flood water flows. • Proposed Action may cause substantial erosion - Proposed Action is incompatible with existing drainage patterns. Proposed Action will allow development in a designated floodway. • Other Impacts IMPACT ON AIR 7. Will Proposed Action affect air quality? 0 No ❑ Yes Examples that would apply to column 2 • Proposed Action will induce 1,000 or more vehicle trips in any given hour. Proposed Action will result in the incineration of more than 1 ton of refuse per hour. Emission rate of total contaminants will exceed 5 lbs. per hour or a heat source producing more than 10 million BTU's per hour. Proposed Action will allow an increase in the amount of land committed to industrial use. 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated By Impact Impact Project Change El • Proposed Action will allow an increase in the density of industrial Eldevelopment within existing industrial areas. • Other Impacts 0 Page 14 of 21 El ❑ Yes ❑ No ❑ ❑ Yes ❑ No E] Yes 1:1 ❑ No ❑ Yes 1:1 No 1:1 ❑ ❑ Yes ❑ No 1:1 ❑ Yes E] Yes Yes El 1:1 Yes F� El Yes El E] Yes ❑ No ❑ No E] No No ❑ No ❑ No 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated By Impact Impact Project Change IMPACT ON PLANTS AND ANIMALS 1:1 Yes 1:1 No 1:1 El $. Will Proposed Action affect any threatened or endangered species? Yes 1:1 No 1-1 El 1:1 El No ❑ Yes No 1:1 ❑ No Examples that would apply to column 2 Reduction of one or more species listed on the New York or❑ Federal list, using the site, over or near the site, or found on the 1:1 Yes El 1:1No site. • Removal of any portion of a critical or significant wildlife habitat. ❑ El ❑ Yes 1:1 No Application of pesticide or herbicide more than twice a year, other than for agricultural purposes_ ❑ ❑ ❑ Yes ❑ No - Other Impacts El 1:1 Yes El El No 9. Will Proposed Action substantially affect non -threatened or non - endangered species? El No ❑ Yes Examples that would apply to column 2 Proposed Action would substantially interfere with any resident or migratory fish, shellfish or wildlife species. Propose Action requires the removal of more than 10 acres of mature forest (over 100 years of age) or other locally important vegetation. • Other Impacts IMPACT ON AGRICULTURAL LAND RESOURCES 10. Will Proposed Action affect agricultural land resources? Fx'�No ❑Yes Examples that would apply to column 2 • The Proposed Action would sever, cross or limit access to agricultural land (includes cropland, hayfields, pasture, vineyard, orchard, etc.) Construction activity would excavate or compact the soil profile of agricultural land. The Proposed Action would irreversibly convert more than 10 acres of agricultural land or, if located in an Agricultural District, more than 2.5 acres of agricultural land. Page 15 of 21 El 1:1 Yes 1:1 No 1:1 El ❑ Yes 1:1 No 1-1 El 1:1 Yes 1:1 No 1:1 E] E] Yes E] No ❑ ❑ ❑ Yes No El El El E]Yes ❑ No IMPACT ON AESTHETIC RESOURCES 11, Will Proposed Action affect aesthetic resources? (If necessary, use the Visual EAF Addendum in Section 617.20, Appendix B.) No ❑ Yes Examples that would apply to column 2 Proposed land uses, or project components obviously different from or in sharp contrast to current surrounding land use patterns, whether man-made or natural_ Proposed land uses, or project components visible to users of aesthetic resources which will eliminate or significantly reduce their enjoyment of the aesthetic qualities of that resource. Project components that will result in the elimination or significant Elscreening of scenic views known to be important to the area. • Other Impacts El IMPACT ON HISTORIC AND ARCHAEOLOGICAL RESOURCES 12. Will Proposed Action impact any site or structure of historic, prehistoric or paleontological importance? 0 No ❑ Yes Examples that would apply to column 2 Proposed Action occurring wholly or partially within or substantially contiguous to any facility or site listed on the State or National Register of historic places. Any impact to an archaeological site or fossil bed located within the project site. Proposed Action will occur in an area designated as sensitive for archaeological sites on the NYS Site Inventory. Page 16 of 21 El ED Yes El No El El Yes El No El El Yes ❑ No El Elyes ❑ No El 1 2 3 El Small to Potential Can impact Be El Moderate Large Mitigated By Impact Impact Project Change The Proposed Action would disrupt or prevent installation ofEl D Yes E-1No El agricultural land management systems (e.g_, subsurface drain lines, outlet ditches, strop cropping); or create a need for such measures (e.g. cause a farm field to drain poorly due to increased runoff). • Other Impacts ❑ El ❑ Yes ❑ No IMPACT ON AESTHETIC RESOURCES 11, Will Proposed Action affect aesthetic resources? (If necessary, use the Visual EAF Addendum in Section 617.20, Appendix B.) No ❑ Yes Examples that would apply to column 2 Proposed land uses, or project components obviously different from or in sharp contrast to current surrounding land use patterns, whether man-made or natural_ Proposed land uses, or project components visible to users of aesthetic resources which will eliminate or significantly reduce their enjoyment of the aesthetic qualities of that resource. Project components that will result in the elimination or significant Elscreening of scenic views known to be important to the area. • Other Impacts El IMPACT ON HISTORIC AND ARCHAEOLOGICAL RESOURCES 12. Will Proposed Action impact any site or structure of historic, prehistoric or paleontological importance? 0 No ❑ Yes Examples that would apply to column 2 Proposed Action occurring wholly or partially within or substantially contiguous to any facility or site listed on the State or National Register of historic places. Any impact to an archaeological site or fossil bed located within the project site. Proposed Action will occur in an area designated as sensitive for archaeological sites on the NYS Site Inventory. Page 16 of 21 El ED Yes El No El El Yes El No El El Yes ❑ No El Elyes ❑ No El El Yes El No El El El E]Yes ❑ No El El E]Yes ❑ No Other Impacts IMPACT ON OPEN SPACE AND RECREATION 13_ Will Proposed Action affect the quantity or quality of existing or future open spaces or recreational opportunities. M No ❑ Yes Examples that would apply to column 2 • The permanent foreclosure of a future recreational opportunity • A major reduction of an open space important to the community • Other Impacts 14. Will Proposed Action impact the exceptional or unique characteristics of a critical environmental area (CEA) established pursuant to subdivision 6NYCRR 617.14(g)? El No ❑ Yes List the environmental characteristics that caused the designation of the CEA. 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated By Impact Impact Project Change ❑ ❑ Dyes ❑ No El ❑ Yes 1:1 No 1:1 ❑ ❑ Yes El ❑ No ❑ ❑ Yes 1:1 ❑ No Examples that would apply to column 2 • Proposed Action to locate within the CI=A. ❑ ❑ ❑ Yes ❑ No Proposed Action will result in a reduction in the quantity of theF-1 El Yes 1-1 El No resource. Proposed Action will result in a reduction in the quality of theEl ❑ ❑ Yes 1-1No resource. • Proposed Action will impact the use, function or enjoyment of the E ❑ ❑ Yes 1-1No resource. • Other Impacts F-1 F-1 ❑ Yes F-1 No Page 17 of 21 IMPACT ON TRANSPORTATION 15. Will there bean effect to existing transportation systems? El No ❑ Yes Examples that would apply to column 2 Alteration of present patterns of movement of people andfor goods. • Proposed Action will result in major traffic problems. • Other Impacts IMPACT ON ENERGY 16. Will Proposed Action affect the community's sources of fuel or energy supply? 7 No ❑ Yes Examples that would apply to column 2 Proposed Action will cause a greater than 5% increase in the use of any form of energy in the municipality. Proposed Action will require the creation or extension of an energy transmission or supply system to serve more than 50 single or two family residences or to serve a major commercial or industrial use. • Other Impacts NOISE AND ODOR IMPACT 17. Will there be objectionable odors, noise, or vibration as a result of the Proposed Action? El No F-1 Yes Examples that would apply to column 2 Blasting within 1,500 feet to a hospital, school or other sensitive facility. • Odors will occur routinely (more than one hour per day). Proposed Action will produce operating noise exceeding the local ambient noise levels for noise outside of structures. • Proposed Action will remove natural barriers that would act as a noise screen. • Other Impacts Page 18 of 21 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated By Impact Impact Project Change El El ❑ Yes No 1:1 El El E]Yes ❑ No El ❑ Yes 1:1 No 1:1 F-1 El E]Yes ❑ No F-1 El E]Yes ❑ No F-1 El ❑ Yes F-1 No El F-1 E]Yes ❑ No ❑ F-1 ❑ Yes ❑ No El F-1 ❑ Yes No El ❑ F-1 E]Yes ❑ No El 1:1 1:1 Yes 1:1 No IMPACT ON PUBLIC HEALTH 18. Will Proposed Action affect public health and safety? El No ❑ Yes Examples that would apply to column 2 Proposed Action may cause a risk of explosion or release of hazardous substances (i.e. oil, pesticides, chemicals, radiation, etc.) in the event of accident or upset conditions, or there may be a chronic low level discharge or emission. • Proposed Action may result in the burial of "hazardous wastes" in any form (i.e. toxic, poisonous, highly reactive, radioactive, irritating, infectious, etc.) • Storage facilities for one million or more gallons of liquefied natural gas or other flammable liquids. Proposed Action may result in the excavation or other disturbance within 2,000 feet of a site used for the disposal of solid or hazardous waste. • Other Impacts 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated By Impact Impact Project Change El El ❑ Yes E-1 No El El Elyes ❑ No El El E]Yes ❑ No El El E]Yes ❑ No El El Yes El No El IMPACT ON GROWTH AND CHARACTER OF COMMUNITY OR NEIGHBORHOOD 19. Will Proposed Action affect the character of the existing community? El No ❑ Yes Examples that would apply to column 2 • The permanent population of the city, town or village in which theEl 1:1 ❑ Yes ❑ No project is located is likely to grow by more than 5%. The municipal budget for capital expenditures or operating services will increase by more than 5% per year as a result of ❑ ❑ ❑ Yes ❑ No this project. • Proposed Action will conflict with officially adopted plans or goals. El El ❑ Yes ❑ No • Proposed Action will cause a change in the density of land use. El El Yes El ❑ No Proposed Action will replace or eliminate existing facilities,❑ structures or areas of historic importance to the community. El Yes El 1-1No • Development will create a demand for additional communityEl El ❑ Yes ElNo services (e -g. schools, police and fire, etc.) Page 19 of 21 Proposed Action will set an important precedent for future projects. • Proposed Action will create or eliminate employment. • other Impacts 20. Is there, or is there likely to be, public controversy related to potential adverse environment impacts? El No ❑ Yes 1 Small to Moderate 2 Potential Large 3 Can Impact Be Mitigated By Impact Impact Project Change El El ❑ Yes No El El ❑ Yes El No El El El E]Yes ❑ No If Any Action in Part 2 is identified as a Potential Large Impact or if you Cannot Determine the Magnitude of impact, Proceed to Part 3. Page 20 of 21 PART 3 - EVALUATION OF THE IMPORTANCE OF IMPACTS Responsibility of Lead Agency Part 3 must be prepared if one or more impact(s) is considered to be potentially large, even if the impact(s) may be mitigated_ Instructions (If you need more space, attach additional sheets) Discuss the following for each impact identified in Column 2 of Part 2: Briefly describe the impact 2. Describe (if applicable) how the impact could be mitigated or reduced to a small to moderate impact by project change(s). 3. Based on the information available, decide if it is reasonable to conclude that this impact is important_ To answer the question of importance, consider: ! The probability of the impact occurring I The duration of the impact ! Its irreversibility, including permanently lost resources of value ! Whether the impact can or will be controlled ! The regional consequence of the impact I Its potential divergence from the local needs and goals ! Whether known objections to the project relate to this impact Page 21 of 21 FULL EAF ADDITIONAL INFORMATION May 3, 2010 Hilltop Village at Wappinger Town of Wappinger, Dutchess County, NY Parcel No. 135689-6257-02-641904-0000 Job No. 0552 A. Site Description: 3. See Hilltop Village Soil Conditions. 4a. See Hilltop Village Soil Conditions. 8. See Hilltop Village Soil Conditions. B. Proiect Description: Ig. Maximum vehicular trips generated per hour {55} will occur in PM peak hour, based on rates provided in "Trip Generation" 8THedition, the institute of Transportation Engineers, 2008. 23. Total anticipated water usage per day. As per NYSDEC Design Standards for Wastewater Treatment Works —1988, a two {2} bedroom usage is 300 GPD with a 20% reduction for water -saving fixtures; consequently the total daily consumption per unit is 300 x 0.80 or 240 gallons per day. Therefore, 171 detached dwelling unit at 240 GPD + 57 attached units at 240 GPD equals 54,720 gallons per day. J c = o = g O » c / 9 CD / E \ / c § ƒ 7 / m ] g g f LA. ƒ § OL E m e9 B § t 0 / / Q \ _2 ƒ 2 n 2 R ? ± E 9 0 k % 2 \ K 0 n E R 0 ¥ 0 § ? ] ] a / J a ® n -0-3� / 0 ° x ¢ & m c x _± 4 tn cn 0 r- 0 / 2 ƒ ƒ r - D k n c � Z � o _ m I � � / v / v v $ v \ / / m c � m � 0 nr- A 0 Q ƒ ƒ ƒ ƒ ± CD E E ± @ C ± ƒ Q Cn \ \ \ / 0 6 o f 0 E E E v v @ ¥ g » g e FP \ /p $ / / � f CD ƒ c 7 / E M -0 -a - n @ @ KEANE IS BEANE, P.C. ATTORNEYS AT LAW 445 HAMILTON AVENUE WHITE PLAINS, NEW YORK t0501 (914) 946-4777, - - FAX (914) 946-6868-- _ www.kblaw.com 2OOWESTAGE BUSINESS CENTER FISHKILL, NEW YORK 12524 (945) 996-0120 - June 2, 2010 VIA REGULAR MAIL Town of Wappinger P.O. Box 324 20 Middlebush Road Wappingers Falls, New York 12590 Attention: Chris Masterson, Town Clerk miFa_ tM+-� ' AMP �C; !V JUN 0 4 Z010 i TOWN OF WAPPINGER Re: Application for a Change of Zone Hilltop Village at Wappinger All Angels Hill Road Wayipinger, New York Dear Mr. Masterson: As you know, Keane & Beane, P.C. represents Toll Brothers, Inc. in its capacity as authorized agent to seek a change in zone of property owned by Contrail, LLC. The property is designated as Parcel # 13-5689-6257-02-630770 and located on All Angels Hill Road. We respectfully request this matter be placed on the June 28, 2010 Town Board agenda so that we may provide the Town Board with a status report of our progress and anticipated schedule. Thank you for your consideration. V�.y yours, and(KO'Rou4rkert cc: Mr. Werner Thiessen, SVP - Toll Brothers, Inc. Mr. Dan Zalinsky, Division President - Toll Brothers, Inc. Mr. Frank Buyakowski, Pres. - Contrail, LLC William Povall, PE - Povall Engineering STENGER ROBERTS LAfDAVIS & DIAMONDLLP 1136 Route 9 Wappingers Falls, New York 12590 (845) 298-2000 FAX (845) 298-2842 www.srddlaw.com e-mail: info@srddlaw,com Kenneth M. Stenger Albert P. Roberts Thomas R. Davis Stephen E. Diamond* Joan F. Garrett** Kevin T. McDermott Angel I. Falc6n James P. Horan— Lisa M. Cobb M. Ellen O'Sullivan Marina O'Neill Melissa A. Manna -Williams MAY 2013 May 22, 2013 TOWN i"�`�F �)PTNGER Via Hand Delivery Town Board Planning Board Town of Wappinger 20 Middlebush Road Wappingers Falls, New York 12590 Re: Toll Brothers, Inc. — Hilltop Village Undertaking Secured by Cash Deposit Dear Board Members: I am in receipt of an Undertaking Secured by Cash Deposit dated May 22, 2013 and executed by James Fitzpatrick as Vice President on behalf of Toll Land V Limited Partnership. The Undertaking Secured by Cash Deposit is acceptable as to form and consistent with the March 18, 2013 Resolution of Site Development Plan and Wetlands Permit Approvals. I will be delivering the original executed Undertaking to the Town Clerk for safe keeping with the understanding that the check will be deposited and maintained by the Town's Accounting Department. 071Wappingcr\PlanningBoard1Hilltop\05-22-13 letter to O'Rourke approving Undertaking.doe Very truly yours, OF COUNSEL Scott L. Volkman STENGER, ROBERTS, DAVIS & DIAMOND, LLP Karen MacNish ALBERT R ROBERTS PARALEGALS APP,/so Sandra Oakley Dawn M. Paino cc: Hon. Christine Fulton, Town Clerk (w/original) Susan Rose, Planning/Zoning Board Secretary (w/copy) CLOSING COORDINATOR Barbara Roberti, Zoning Administrator (w/o copy) Maria L. Jones Hon. Barbara A. Gutzler, Supervisor (w/o copy) Fredrick Awino, Town Accountant (w/o copy) Robert Gray, P.E. (w/o copy) ALSO ADMITTED IN FL & MA ALSO ADMITTED IN CT David Stolman, A.I.P. (w/o copy) -ALSO ADMITTED aN NJ Richard L. O'Rourke, Esq. (w/o copy) 071Wappingcr\PlanningBoard1Hilltop\05-22-13 letter to O'Rourke approving Undertaking.doe D BY CASI3 DErOgYT D V L�vIITED DEg�p,�rlG SECURE Niay, 2013 by TOLL LAN ex'), to the day of � vekop s � `D e executed New York 12524 (fie This underta�ng d' Fishkull, Bouleaar offices located at the ° PAR ERSIIII', 60 Mexrxtt m al corporation vnth Ne 12 0. 1� cip 59 OWl� OF W AppII�GER' a bush R°ad' W appingers Fps' �� 0 one tax maps (fie T Inger Town Hah' 20 Mrddle designated as 6257 02-630 Wapp �HEgEAS, the lands are Board of the Town of Mar 2013, the Planning De prn t Plan and «Property„ .' and 1g� day of ch, of Site velO en EgEAS, on the Resolution deched and 93 Board„} adopted a t (132 er (t]1e «Plannsr'g e cons�uction °f a 225 ti� Wapping vak for tj' d for appro �ePrOpexty; an d granted a Wetlands Pexsruts on icted developn'ei't Pkanning Boar a�ched,�ts} age-Yes� 8�' day of March, 2013, the ovals for the Hilltop V�age REAS, 011 the 1 Permit 1�Ppx utility lnstallat�on, W nt Plan and Wetlands radit'g' Of f Site 1) lops s, autho'ized Bearing, g of peso n ong other ming Road A subject to f�fivment lobo wbich approval, am with the proposed 0 OL pxo}ect, ercrentin connection b and furtY'er on the issuancere any lan improv d 2 resto and site p axagraph 2.a. an 1 ul p woo e Developer mons set forth with �e e Town that, if necessary, th certain con d � consultation s ce Bond assuring th b thePlanningBoax se Pexfoxm� tree removal, as thi` deter�nu1ed Y gxadtng, clearing, and delivers prc p erebY executes Enjeer of theTO`"n h1e Developer h if Developer is not able to folfi ky- sSudNOWT VHEgEFO' l°wn ofWappingex that comb axantee to the T Undertaking to gu the foll -2- a r u■0 L06940 i1F' 1:06 5 200 7 2 21. S4 20,115 190 GO *See Reverse Side For Easy Opening Instructions' r TTOH CBMS., Inc 250 GIBRALTAR ROAD HORSHAM, PA 19044 Town of Wappinger 20 Middlerush Road Wappinger Falls NY 12390 FROM THE DESK OF LISA GUNTHER 60 Merritt Boulevard Suite 100 Fishkill, NY 12524 (845) 897-8950 (845) 897-8998 FAX LETTER OF TRANSMITTAL: Date: 11/11/14 Job No. 2580 Attention: Mr. Bob Gray, P.E. To: Town of Wappinger Re: Regency at Wappinger - Bond Decrease Rider WE ARE SENDING YOU: ®Attached ❑Shop Drawings ❑Samples NOV 18 2014 TOWN OF WAPPTNGEP �MIAINI r—iE Pf ❑Under separate cover via UPS the following items: ❑Prints ❑Plans ❑ Specifications ❑Copy of Letter ❑Change order ®Other Copies Date No. Description 1 10/30/14 39BSBGG1368 Bond Decrease Rider THESE ARE TRANSNUTTED as checked below: ❑For approval ❑Approved as submitted ®For your use ❑Approved as noted []As requested ❑Returned for corrections ❑For review and comment ❑For Bids Due COPY TO File - Blue Book ❑Resubmit copies for approval ❑Submit copies for distribution ❑Return corrected prints ❑Prints Returned After Loan To Us Decrease PENALTY RIDER BOND NO. 39BSBGG1368 To be attached and form a part of Bond No. 39BSBGG1368 dated the 15th day of August, 2013, executed by Hartford Fire Insurance Company as surety, on behalf of Toll Land'V Limited Partnership owned by wholly-owned subsidiaries of Toll Brothers, Inc. as current principal of record, and in favor of Town of Wappi!jger, as Obligee, and in the amount of Two Million Three Hundred Twelve Thousand Two Hundred Seventy Two Dollars and 00/100 ($2,312,272.00). In consideration of the agreed premium charged for this bond, it is understood and agreed that Hartford Fire Insurance Company hereby consents that effective from the 27th day of October, 2014, said bond shall be amended as follows: THE BOND PENALTY SHALL BE Decreased: FROM: Two Million Three Hundred Twelve Thousand Two Hundred Seventy Two. Dollars and 00/100 (52,312,272.00) TO: One Million Three Hundred Sixty Six Thousand Four Hundred Forty Six Dollars and 00/100 (SI,366,446.00) The Decrease of said bond penalty shall be effective as of the 27th day of October, 2014, and does hereby agree that the continuity of protection under said bond subject to changes in penalty shall not be impaired hereby, provided that the aggregate liability of the above mentioned bond shall not exceed the amount of liability assumed by it at the time the act and/or acts of default were committed and in no event shall such liability be cumulative. Signed, sealed and dated this 30tb day of October, 2014. t, I — Toll Land V Limited Partnership By: Toll Pepl2ertree, Inc., General Partner PRINCIPAL BY: J, s Fitzpatri, — D cion President ,,-00' Hartford Fire Insurance Compan S1 IRETY BY: Ilanicl '&gan, ATTORNEY-IN-FACT Direct Inquiries/Claims to, POWER OF ATTORNEY TORD One rfdP Hartford, Connecticut 06155 call-- 888-266-3488 or far. 860-757-5835 KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Code: 39-320116 0 Hartford Fire Insurance Company, a corporation duly organized underthe laws ofthe State of Connecticut X� Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of Indiana Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Connecticut Hartford Underwriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut Twin CityFire Insurance Company, a corporation duly organized under the laws of the State ofladiana Hartford insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois Hartford Insurance Company of the Midwest, acorporation duly organized under the laws of the State of Indiana Hartford insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies") do hereby make, constitute and appoint, up to the am aunt of unlimited. William F_ 5imkiss, Daniel P_ Dunigan, Richard J. Decker, Brian C. Block, Joseph W. Kolok Jr, James L. Hahn of Paoli, PA. their true and lawful Attomey(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as delineated above by ®, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on August 1, 2009 the Companies have caused these presents to be signed by its Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney_ 'fY y i9: e+Wa .�.:`:c.,.•te.rr�r'. ��t r` _ o :_� `•4nr�taa�r �+�lit► �`FFi f$ 4 s -z 1074ic 17SF Wesley W_ Cowling, Assista nt Secretary M_ Ross Fisher, Vice President STATE OF CONNECTICUT Hartford COUNTY OF HARTFORD On this 12' day of July, 2012, before me personally came M. Ross Fisher, to me known, who being by me duly sworn, did depose and say: that he resides in the County of Hartford, State of Connecticut, that he is the Vice President of the Companies, the corporations described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals, that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority_ K2ihleen T_ Maynard Notary Public My Commission Expires 7uly 31, 2016 �RT1F#CATE I, the undersigned, Vice President of the Companies, DO HEREBY CERT[FY that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is still in full force effective as of OCTOBER 30 , 2014 Signed and sealed at the City of Hartford. e+t �� 1867 • `-= f.� =`- # �� - = +•, Lsnr�t�['rti•.. a•�tirtw F�'. tg^fVir_ x� xg78 � IgZ3 1 pas' }i � 'M•tc sass '� nu+' �' � Y Gary W. Stumper, Vice President HARTFORD FIRE INSURANCE: COMPANY Hartford, Connecticut Financial Statement, December 31, 2013 Statutory Basis ASSETS LIABILITIES U -S- Government Bonds ................... $ 780,061,723 Reserve for Claims $ Bonds of Other Governments ............. 205,462,236 and Claim Expense .............. ..-......... 7,398,473,964 State, County Municipal Reserve for Unearned Premiums ................ 1,974,760,680 Miscellaneous Bonds ............ 12,573,216,866 Reserve for Taxes, License Stocks ............................... 5,555,472,843 and Fees --------- .-............... ............ 85,815,530 Short Term Investments --------------- 530,067,872 Miscellaneous Liabilities ..--.............--....... 2,164,375,329 $ 19,644,281,540 Total Liabilities ..................................... $ 11,603,425,503 Real Estate ................................... $ 218,502,301 Capital Paid In $ 55,320,000 Cash ........................................... 83,164,668 Surplus ............. 14,026,092,911 Agents' Balances (Under 90 Day) ...... 2,811,774,213 Other Invested Assets ..................... 574,272,350 Surplus as regards Policyholders.._........ $ 14,081,412,911 Miscellaneous ............................... 2,352,843,342 Total Liabilities, Capital Total Admitted Assets ................... $ 25,684,838,414 and Surplus .................................... $ 25,684,838,414 STATE OF CONNECTICUT COUNTY OF HARTFORD SS. CITY OF HARTFORD M. Ross Fisher, Vice President, and Wesley W- Cowling, Assistant Secretary of the Hartford Fire Insurance Company, being duly sworn, each deposes and say that the foregoing is a true and correct statement of the said company's financial condition as of December 31, 2013 - Subscribed and swom to before me this 22nd day of April, 2014, Kathleen T- Maynard Notary Public My Commission Expires July 31, 2016 Form CS -19-37 1HF printed in U.S.A. M. Ross Fisher, Vice President Wesley W. Cowling, Assistant Secretary LETTER OF TRANSMITTAL: FROM THE DESK OF James Fitzpatrick, P.E. 60 Merritt Boulevard Suite 100 Fishkill, NY 12524 (845) 897-8900 (845) 897-8998 FAX GIE Date: 08/20/13 AUG 2 0 x.013 . Job No. 2870 TOWN OF WAPPINGER Attention: Ms. Barbara Roberti �� To: Town of Wappinger T �,, , C1 -FP"( Re: Regency at Wappinger - Performance Agreement WE ARE SENDING YOU: ®Attached ❑Under separate cover via UPS the following items: []Shop Drawings ❑Prints ❑Plans ❑Specifications ❑Samples ❑Copy of Letter ❑Change order ®Other THESE ARE TRANSMITTED as checked below: ❑For approval []Approved as submitted ®For your use []Approved as noted ❑As requested []Returned for corrections ❑For review and comment ❑For Bids Due []Resubmit copies for approval ❑Submit copies for distribution ❑Return corrected prints ❑Prints Returned After Loan To Us REMARKS If you have any questions, please do not hesitate in contacting me at the number listed above. COPY TO File. PERFORMANCE AGREEMENT SECURED BY A SURETY BOND WHEREAS, the undersigned, TOLL LAND V, LIMITED PARTNERSHIP, a New York limited partnership, a limited partnership owned by wholly-owned subsidiaries of TOLL BROTHERS, Inc., with an address of 60 Merritt Blvd., Suite 100, Fishkill, New York 12524 is about to purchase a subdivision known as ,Hilltop Village at Wappinger" prepared Povall Engineering, PLLC and survey by Robert V. Oswald Jr Land Surveying PLLC, dated May 28, 2013 and last revised on July 18, 2013 which plat is about to filed in the Dutchess County Clerk's Office; and WHEREAS, the Planning Board has granted final conditional subdivision approval to Toll Brothers, Inc. as Applicant, and Contrail, LLC as owner pursuant to Resolution dated March 18, 2013, subject to certain public improvements being made and constructed within said subdivision and subject to completion of the requirements set forth in the Town Subdivision Regulations, Highway Specifications and Zoning Law, and depicted in a set of construction plans specifically identified in the Resolutions of Subdivision Approval and Site Plan Approval both dated March 18, 2013; and WHEREAS, Contrail, LLC intends to convey its rights and interest in said subdivision to TOLL LAND V, LIMITED PARTNERSHIP; and WHEREAS, Article 16 of the Town Law and the Town of Wappinger Code requires that the developer guarantee the construction, installation and dedication of the required public improvements and obligation prior to issuance of any building permits. NOW, THEREFORE, TOLL LAND V, Limited Partnership, hereby agrees to undertake the following: 1, To make, construct, complete the improvements, and agree to perform all of the obligations set forth in the Town of Wappinger Subdivision Regulations, Highway Specifications and Zoning Law, including road maintenance and snow removal in accordance with the standards maintained by the Town of Wappinger Highway Department and at the direction of the Town of Wappinger Highway Superintendent, in accordance with the Resolution of Conditional Subdivision Approval dated March 18, 2013 within two (2) years from the date hereof. 2. Upon construction and completion of the required improvements and obligations set forth above, and upon request of the Town, the undersigned will dedicate the Road and other improvements noted on the subdivision plat to the Town, free and clear of any liens or obligations as set forth in the Local Laws, Ordinances, Rules and Regulations of the Town of Wappinger. 3. As security for this obligation, including sums sufficient to pay for attorneys' or consultants' fees in the event the undersigned defaults hereunder, the undersigned will hereby deliver to the Town of Wappinger the following security for the faithful performance of the obligations the undersigned has undertaken herein: a surety bond issued by HARTFORD FIRE INSURANCE COMPANY, bearing number 39BSBGG1368 and issued in favor of the Town of Wappinger in the sum of TWO MILLION THREE HUNDRED TWELVE THOUSAND TWO HUNDRED SEVENTY TWO AND 001100 DOLLARS ($2,312,272.00) securing the obligation set forth in this Performance Agreement. 4. The undersigned, TOLL LAND V, further binds its successors, its heirs, executors, administrators, successors or assigns as the case may be, for the faithful performance of the obligations set forth herein. 5. The undersigned further acknowledges that if any default remains in the performance of the obligations created hereunder, the lots within the subdivision will no longer be eligible for building permits until such defaults are cured. IN WITNESS WHEREOF, the undersigned executed this Agreement on this 20th day of August, 2013. Toll Land V Limited Partnership By: Toll Peppertree, Inc., its general partner By: es Fit a ice President 2 STATE OF NEW YORK ) SS: COUNTY OF DUTCHESS) On the 40 day of —�4� in the year 2013 before me personally appeared James Fitzpatrick, Vice President (TOLL LAND LIMITED PARTNERSHIP), personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. L LIUM—) Notary Public j LISA A, CUEARY ew York 3 05FROM THE DESK OF LISA GUNTHER 42 Old Ridg ebrary Road - e ...I� - M? r 2nd Floor Danbury, ;CT 06810 (203) 616-4928 LETTER OF TRANSMITTAL: Date: 08/8/18 Job No. 2580 Attention: Joseph P. Paoloni — Town Clerk To: Town of Wappinger Re: Regency at Wappinger - Verification Certificate for Bond 39BSBGG1368 WE ARE SENDING YOU: ®Attached []Under separate cover via UPS the following items: ❑Shop Drawings ❑Prints ❑plans ❑Specifications ❑Samples ❑Copy of Letter ❑Change order ®Other Copies Date No. Description 1 08/06/18 ❑Approved as submitted Verification Certificate for Bond #39BSBGG1368 ®For your use ❑Approved as noted ❑Submit copies for distribution f . ❑As requested ❑Returned for corrections ❑Return corrected prints ❑For review and comment ❑For Bids Due ❑Prints Returned After Loan To Us ?A ❑Sign and return REMARKS a'. THESE ARE TRANSMITTED as checked below: ❑For approval ❑Approved as submitted ❑Resubmit copies for approval t ®For your use ❑Approved as noted ❑Submit copies for distribution f . ❑As requested ❑Returned for corrections ❑Return corrected prints ❑For review and comment ❑For Bids Due ❑Prints Returned After Loan To Us ?A ❑Sign and return REMARKS E Attached please find the Verification Certificate for the Regency at Wappinger Bond #39BSBGG1368 F' COPY TO File �II r. C 3 TOLL BROTHERS, INC. 250 Gibraltar Road Horsham, PA 19044 Memo VIA UPS OVERNIGHT DELIVERY DATE: August 6, 2018 TO: Greg Otis — Land Development Manager FROM: Lynn DiGiulio Sr. Insurance Bond /Letter of Credit Administrator Corp. Accounting SUBJECT: Verification Certificate for Town of Wappineer —Bond #39BSBGG1368 Greg, Attached is the Verification Certificate for the bond above, which was automatically generated for a new term, to show that the bond is still in full force and effect. This Certificate should be kept together with the original bond. Thank you, / �� Lynn DiGiulio Sr. Insurance Bond / Letter of Credit Adm. Corporate Accounting Department VERIFICATION CERTIFICATE FOR INDEFINITE TERM SURETY BOND THIS IS TO CERTIFY that Bond No. 39BSBGG1368 issued by Hartford Fire Insurance Company dated this 15 day of August , 2013, in the amount of Four Hundred Sixty Two Thousand Four Hundred Fifty Seven Dollars and 00/100 Dollars(L462,457.,O ), on behalf of Toll Land V Limited Partnership owned b wholly-owned subsidiaries of Toll Brothers, Inc. (as Principal), and in favor of Town of Wappin2e (as Obligee), covers a term which began on the 15 day ofAu2us , 2013, and ends only with the cancellation of said bond or other legal termination thereof; and that the said bond remains in effect, subject to, all its agreements, conditions and limitations. Signed, sealed and dated* (enter below) Hartford Fire Insurance Compan B Y 'Je Attorney -in -Fact Renewal Date: 8/15/2018 Sil4ned and Sealed Date- 8/1/2018 *Use current or renewal date. KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Name_ 71F SLMIKISS AGENCY iNC Ag_na Code: 3-9-320116 0 Hartford Fire Insurance Company, a corporation duly organized under the laws oftha State of Connecticut 0 Hartford Casualty Insurance Company, a corporation duly organizedunder the laws ofthe State ofTndiana Hartford Accident and Indemnity Company, a corporation duly organized under the laws ofthe State of Connecticut Hartford Underwriters Insurance Company, a corporation duly organized under the laws ofthe State cf Connecticut Twin City Fire Insurance Company, a corporation dniy orgauized under the laws ofthe State of Indiana Hartford Insurance Company of Illinois, a corporation duly organized under the laws ofthe State ofl;linois Hartford Insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of the Southeast, a corporation duly organized under the Iaws ofthe State of Florida having their horse office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies") do hereby make, constitute and appoint, up to the amount of Uml im i ted : I2?lliam F. 5imkiss, Daniel P- Dtzr_igan, Richa_d J_ Decker, Brian C. Block, Josepn W. KoIck Jr_, James L. Ha -,n of PAOLT, Pe=sylvania their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as delineated above by ®, and to execute, sea{ and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on May 6, 2015 the Companies have caused these presents to be signed by its Senior Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney - T7 A--s� tt John Gray, Assistant Secretary M. Ross Fisher, Senior Vice President STATE OF CONNECTICUT Hartford COUNTY OF UARTFORI) I S& On this 5th day of January, 2018, before me personally came All_ Ross Fisher, to me known, who being by me duly sworn, did depose and say that he resides in the County of Hartford, State of Connecticut that he is the Senior Vice President of the Companies, the corporations described in and which executed the above instrument, that he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority_ - . q . - Kathleen T Maynard - - Notary Public CERMCATE My Commission Expires July 3l, 2021 I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is stili in full force effective as of the 1ST day of AUGUST, 2018 Signed and sealed at the City of Hartford. A�z Kevin Heckman, Assistant Vice President POA'_Q18 Direct Inquirieslalairns to. THE HARTFORD BOND, POWER OF ATTORNEY One Hartford Plaza Hartford, Connecticut D6155 tic Bond_Claims hehartford.com calf: SBS -266-348a ar far,: 860-T57-5835 KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Name_ 71F SLMIKISS AGENCY iNC Ag_na Code: 3-9-320116 0 Hartford Fire Insurance Company, a corporation duly organized under the laws oftha State of Connecticut 0 Hartford Casualty Insurance Company, a corporation duly organizedunder the laws ofthe State ofTndiana Hartford Accident and Indemnity Company, a corporation duly organized under the laws ofthe State of Connecticut Hartford Underwriters Insurance Company, a corporation duly organized under the laws ofthe State cf Connecticut Twin City Fire Insurance Company, a corporation dniy orgauized under the laws ofthe State of Indiana Hartford Insurance Company of Illinois, a corporation duly organized under the laws ofthe State ofl;linois Hartford Insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of the Southeast, a corporation duly organized under the Iaws ofthe State of Florida having their horse office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies") do hereby make, constitute and appoint, up to the amount of Uml im i ted : I2?lliam F. 5imkiss, Daniel P- Dtzr_igan, Richa_d J_ Decker, Brian C. Block, Josepn W. KoIck Jr_, James L. Ha -,n of PAOLT, Pe=sylvania their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as delineated above by ®, and to execute, sea{ and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on May 6, 2015 the Companies have caused these presents to be signed by its Senior Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney - T7 A--s� tt John Gray, Assistant Secretary M. Ross Fisher, Senior Vice President STATE OF CONNECTICUT Hartford COUNTY OF UARTFORI) I S& On this 5th day of January, 2018, before me personally came All_ Ross Fisher, to me known, who being by me duly sworn, did depose and say that he resides in the County of Hartford, State of Connecticut that he is the Senior Vice President of the Companies, the corporations described in and which executed the above instrument, that he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority_ - . q . - Kathleen T Maynard - - Notary Public CERMCATE My Commission Expires July 3l, 2021 I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is stili in full force effective as of the 1ST day of AUGUST, 2018 Signed and sealed at the City of Hartford. A�z Kevin Heckman, Assistant Vice President POA'_Q18 HARTFORD FIRE INSURANCE COMPANY Hartford, Connecticut Financial Statement, December 31, 2017 Statutory Basis ASSETS U.S. Government Bonds ... Bonds of Other Governments ........... State, County Municipal Miscellaneous Bonds ............ Stocks Short Term investments ................ $ 577,913,529 136, 631, 915 5,713,878,455 5,418,718,399 299,018,356 $ 12,146,160,654 Real Estate ---- - ------------------ ----- ------ - $ 333,492,680 Cash ------ 109,093,732 Agents` Balances (Under 90 Day) 2,994,735,438 Other Invested Assets ..................... 4,524,749,529 Miscellaneous ----- ........................ 2,747,065,960 Total Admitted Assets ................... $ 22,855,297,993 STATE OF CONNECTICUT COUNTY OF HARTFORD SS. CITY OF HARTFORD LIABILITIES Reserve for Claims $ and Claim Expense .......................... 8,425,803,606 Reserve for Unearned Premiums ................ 2,110,221,060 Reserve for Taxes, License and Fees—. ............ ........... .......... 53,958,612 Miscellaneous Liabilities .......................... 2,349,289,613 Total Liabilities ...... .............................. $ 12,939,273,091 Capital Paid In $ 55,320,000 Surplus -- ............ _ 9,860,704,902 Surplus as regards Policyholders..._....... $ 9,916,024,902 Total Liabilities, Capital and Surplus ................................. $ 22,855,297,993 . Michael R. Hazel, Vice President and Controller, and Allen R. Craig, Assistant Secretary of the Hartford Fire Insurance Company, being duly sworn, each deposes and say that the foregoing is a true and correct statement of the said company's financial condition as of December 31, 2017. Subscribed and sworn to before me this 6th day of March, 2018. cvn � Notary Public LAURIE HANSEN NOTARY PUBLIC State of Connecticut My Commission Expires December 31, 2418 Form CS -19-37 HF printed in u.S A. Vice Presideniah tontroller 8 Assistant Secretary