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Astor Home Corres And LL Application(1)P.O. Box 324 20 Middlebush Road Wappingers Falls, NY 12590-0324 Telephone: (914) 297-1373 Fax: (914) 297-4558 A ,43,�'QN ,I To: Supervisor Smith & Town Board Members From: Linda Nguyen, Secretary Town of Wappinger Planning Board Re: Astor Head Start Center Rezone Petition Date: August 11, 1999 PLANNING BOARD In view o (7 input received at Astor Head Start Center's public hearing on July 19, 1999, the Planning Board has reconsidered their position. They feel it is too intense of a use for the property and they recommend the Town Board deny any further action on the rezone. CC: Planning Board Zoning Board of Appeals Mr. Roberts, Town Attorney Elaine Snowden, Town Clerk Mr. Adams, Esq. PAGGI, MARTIN & DEL BENE LLP Consulting Engineers & Land Surveyors 54-56 Main Street Poughkeepsie, New York 12601 914-471-7898 914-471-0905 (FAX) July 16, 1999 Planning Board Town of Wappinger P.O. Box 324 Wappingers Fails, New York 12590 Reference: Astor Head Start Center Dear Board Members: 1999 Tow,y SNG�. C4k)�� t. )Rv I am in receipt of the above referenced plan, Sheet C2 dated last revised June 301h, 1999, and advise the following: Please note that thissheet was hand -delivered to my office July 121 1999 By copy of this ,letter, I am notifying the Applicant's -Engineer that all submittals should be made through the: Town, Planning Board office, from there they will be distributed to the Consultants,for their review. Please note that the numbers below correspond to the numbers listed .in my June 23`d, 1999 review letter. 1. Comment still outstanding. 2. Comment still outstanding. 3. Comment still outstanding. As a corollary to this, I would advise that IF the Town Board does approve the connection into the distribution lines of Central Wappinger Water Improvement that the connections for the domestic supply and fire protection line be two (2) distinct, separate lines. 4. As previously reported, the numbers presented in the Stormwater Management Plan for, the onsite facilities were acceptable. However, the point discharge located from the retention pond at the southwest corner of the parcel was rejected.. The Applicant now proposes to construct the pond.n.the same location -with a discharge to the catchbasin ,in the. right- of-way of.Myers Corners Road at the northwest corner of this parcel. The catchbasin discharges to a reputed 12" corrugated metal - pipe that traverses an easement on the east side of the properties along Schnabl Court, and then, through that storm drain system, eventually into the pond at the intersection of Kent Road and Myers Corners Road. Joseph E. Pago, Jr., P.E. Ernst Martin, Jr., P.E., L.S. Charles R. Del Bene, Jr., P.E. Planning Board - 2 - July 16, 1999 RE: Astor Head Start We would recommend that the Applicant modify their Stormwater Management Plan to base the outflow of the holding pond not only on pre - developed conditions, but also on the excess capacity in the existing storm drain system. The series of pipes from this catchbasin will need to be analyzed to determine the excess hydraulic capacity. This, in all likelihood, will be the limiting factor, not the difference in the pre -development and post -development flow. 5. Comment still outstanding. If there are any other questions or comments, please do not hesitate to contact this office. Very truly yours, J 'r is Joseph E. Paggi, Jr., P.E./ JEP:Iaw cc: Daniel Wery, AICD Albert P. Roberts, Esq. Jon Adams, Esq. Hon. Constance 0_ Smith Hon. Vincent Bettina, Councilman Hon, Joseph Paoloni, Councilman Hon. Joseph Ruggiero, Councilman Hon. Robert Valdati, Councilman Honi. EJaiI'Ie Snowden, Town Cleric MichaelTremper Chris Lapine RESOLUTION At a regular meeting of the Town Board of the Town of Wappinger, Dutchess County, New York, held at Town Hall, 20 N iddlebush Road, Wappingers Falls, New York, on the 28th day of June, 1999, at 7:00 p.m. The meeting was called to order by Constance O. Smith, Supervisor, and upon roll being called, the following were: PRESENT: Supervisor - Constance O. Smith Councilpersons- Robert L. Valdati Joseph Ruggiero Vincent Bettina Joseph P. Paoloni The following resolution was moved by Councilperson seconded by Councilperson and WHEREAS, the Town Board of the Town of Wappinger has determined that the Town Of Wappinger Zoning Law requires updating and correction with respect to regulation of nursery schools; and WHEREAS, the Town Board has authorized the preparation of recommended revisions and other amendments to the Zoning Law; and WHEREAS, the Town Board currently has before it for consideration proposed comprehensive revisions to the Zoning law; and WHEREAS, earlier versions of the proposed revisions have been referred to the Town Of Wappinger Planning Board pursuant to Section 602 of the Zoning Law of the Town of Wappinger; and WHEREAS the Town Board has determined that the proposed action (the adoption of revisions to the Town's Comprehensive Plan and Zoning Law) is a Type I action Pursuant to Article 8 of the Environmental Conservation Law, Part 617 NYCRR (commonly known as "SEQRA") and pursuant to Local Law No. b of the year 1992 (the Town's environmental quality review law); and WHEREAS the Town has determined that the proposed action is one for which there are no other Involved Agencies and that the Town Board is therefore the Lead Agency for this action. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 1. The Town Board hereby introduces for adoption Local Law # of the Year 1999 in the form annexed hereto. 2. The Town Board has reviewed the Proposed Action and hereby reserves the right to make its Determination of Significance after the conclusion of the Public Hearing on the proposed Amendment. 3. The Town Board hereby schedules a Public Hearing on the proposed adoption of Local Law # of 1999 to be held at Town Hall, 20 N iddlebush Road, Wappingers Falls, New York, on the day of , 199_, at p.m., and that the Town Clerk be directed to post and publish notice of the Public Hearing, in the form annexed hereto, in the Town's official newspaper not less than ten (10) days prior to said public hearing. 4. The Town Board hereby directs the Town Clerk to act as follows with respect to the proposed Local Law: a. To serve a copy of this resolution, the annexed proposed Local Law, and the public hearing notice to the municipal clerk of each abutting municipality not less than ten (10) days prior to said public hearing; b. To serve a copy of this resolution, the annexed proposed Local Law, and the public hearing notice to the Dutchess County Planning Department for advisory review in accordance with Section 239 of the General Municipal Law; and C. To distribute a copy of this resolution, the annexed proposed Local Law, and the public hearing notice to the Town of Wappinger Planning Board for its review and recommendation pursuant to Section 602 of the Zoning Law prior to said public hearing. The question of the adoption of the foregoing Resolution was duly put to a vote on roll call, which resulted as follows: Voting CONSTANCE O. SMITH, Supervisor Voting ROBERT L. VALDATI, Councilperson Voting JOSEPH RUGGIERO, Councilperson Voting VINCENT BETTINA, Councilperson Voting JOSEPH P. PAOLONI, Councilperson The Resolution proposing Local Law of 1999 is hereby duly declared adopted. Dated: June , 1999. Wappingers Falls, New York ELAINE H. SNOWDEN, Town Clerk Town of Wappinger NEIL YORK STATE DEPARTMENT OF STATE L6cal;aw Filing 162 WASHINGTON AVENUE, ALBANY, NY 12231 (Use this form to file a local law with the Secretary of State.) Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. Town of W,9�Pl?.�1IZZ............................................................... Local Lan No. ......................... :.......................... of the year 199.... A local law ..entwi t ...'.'.I,Qc�],..L y�..AtA T ding„ the Zoning Law of the Town of Wap.pin�er^ Amending the ........ ....... (Insert Title) Lot Size Requirements for Nursery Schools Be it enacted by the ...T.%`L.3.QAAA.................................................................... (Name of Legislative Body) )i* of..WAPPIN10R................... Town TEXT COMMENCES ON NEXT PAGE ........of the .............................US follows. (If additional space is needed, attach pages the same size as this sheet, and number each.) (I) LOCAL LAW # OF THE YEAR 1999 AMENDING THE ZONING LAW OF THE TOWN OF WAPPINGER AMENDING THE LOT SIZE REQUIREMENTS FOR NURSERY SCHOOLS A Local Law entitled "Local Law Amending The Zoning Law Of The Town Of Wappinger Amending The Lot Size Requirements For Nursery Schools". BE IT ENACTED by the Town Board of the Town of Wappinger as follows: Section I: Title: Local Law Amending The Zoning Law Of The Town Of Wappinger Amending The Lot Size Re uirements For Nurse Schools. This Local Law shall be known and cited as Town of Wappinger Local Law No. of 1999, entitled "Local Law Amending The Zoning Law Of The Town Of Wappinger Amending The Lot Size Requirements For Nursery Schools" which shall amend the present Section 440.9 as set forth below. Section II: Legislative Intent: The Town Board of the Town of Wappinger notes that the benefits of early childhood education, such as that provided by nursery schools, are well documented. Moreover, the Town Board expressly finds that the availability of nursery school facilities is of particular benefit to the residents of the Town of Wappinger, and that there are many children living in the Town of Wappinger who would benefit from the increased availability of such early childhood educational opportunities. The Town Board is also aware that there exists in the Town of Wappinger demand for nursery schools beyond those already in existence. The Town Board has determined that benefits gained from increasing the number of potential sites for nursery schools outweigh the detriments, if any, flowing from proposed changes to the Zoning Law amending the lot size requirements for nursery schools. The proposed amendment will increase the number of potential sites for nursery schools by changing the minimum lot size of 10 acres to a minimum lot size of two (2) acres whenever a nursery school will be located adjacent to an existing public or private school which is located on a site of 10 acres or more with frontage on a primary road. The proximity of the nursery school to an existing public or private school should prove to be a convenience to parents and school officials, while at the same time preventing the proliferation of Nursery schools on small residential parcels. Accordingly, the Town Board has decided to amend the Town's Zoning Law to change the conditions imposed on nursery schools in the Town of Wappinger. It is the Town Board's determination that these amendments to the Zoning Law will help increase the number of potential locations that might be used for nursery schools in the Town without adversely impacting residential properties. Section III• The Town of Wappinger Zoning Law, Section 440.9, "Private Schools and Colleges" shall be revised to amend Section 440.9.1 to reduce the minimum lot area requirements for nursery schools in certain circumstances, to read as follows: 440.9 "Private Schools" and Colleges 440.9.1 The school property shall be at least ten (10) acres in area or one (1) acre for each twenty (20) students, or fraction thereof, whichever is greater. Further, a "nursery school" shall be permitted upon a lot of at least of two (2) acres, provided that the proposed nursery school parcel has frontage on a primary road, as shown on the Town of Wappingers Transportation Plan Map, and is adjacent to a "public school" or a "private school" meeting the otherwise applicable minimum "lot area" requirement of this section. Section IV: Se arabili . The provisions of this Local Law are separable and if any provision, clause, sentence, subsection, word or part thereof is held illegal, invalid or unconstitutional, or inapplicable to any 2 person or circumstance, such illegality, invalidity or unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, subsections, words or parts of this Local Law or their petition to other persons or circumstances. It is hereby declared to be the legislative intent that this Local Law would have been adopted if such illegal, invalid or unconstitutional provision, clause, sentence, subsection, word or part had not been included therein, and if such person or circumstance .to which the Local Law or part thereof is held inapplicable had been specifically exempt therefrom. Section V: Effective Date. This Local Law shall take effect immediately upon adoption and filing with the Secretary of State as provided by the Municipal Home Rule Law. 3 (Complete the certification in the paragraph that applies to the filing of this local law and strike out that which is not applicable.) (Final adoption by local legislative body only.) I hereby certify that the local law annexed hereto, designated as Iocal law No. of 1999 of the tel. )(Town) of WAPPINGER was duly passed by the TOWN BOARD on 1919, in accordance with the applicable provisions of law. ame of Legislative Body) 2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective Chief Executive Officer%) I hereby certify that the local law annexed hereto, designated as local law No. of 19 of the (Cou nty)(Ci ty)(Tow n) (Village) of was duly passed by the on I9 , and was (approved)(not. disapproved)(repassed after (Name of Legiglitive Body) disapproval) by the 711- and was deemed duly adopted on 19_, ecttve Chief xecuttve fffcer in accordance with the applicable provisions of law. 3. (Final adoption by referendum.) I hereby certify that the local law annexed hereto, designated as local law No_ of 19 of the (County)(City)(Town)(Village) of was duly passed by the on 19 , and was (approved)(not disapproved)(repassed after Name of Legiaiative Body disapproval) by the on 19_ Such local law was Elective Chief Executive Officer submitted to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative vote of a majority of the qualified electors voting thereon at the (general)(special)(annual) election held on 19 , in accordance with the applicable provisions of law. 4. (Subject to permissive referendum and final adaption because no valid petition was filed requesting referndum.) I hereby certify that the local law annexed hereto, designated as local law No. of 19 of the (County)(City)(Town)(VilIage) of was duly passed by the on 19_, and was (approved)(not disapproved)(repassed after I &me of Legialative Body disapproval) by theon 19_ Such local law was subject to Elective Chief Executive Officer' permissive referendum and no valid petition requesting such referendum was filed as of 19�. in accordance with the applicable provisions of law. *EIective Chief Executive Officer means or includes the chief executive officer of a county elected on a county -wide basis or, if there be none, the chairman of the county legislative body, the mayor of a city or vilinge, or the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances. (2) 5. (City local law concerning Charter revision proposed by petition.) 1 hereby certify that the local Iaw annexed hereto, designated as local law No, of 19 of the City of having been submitted to referendum pursuant to the provisions of section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of such city voting thereon at the (special)(general) election held on . 19_, became operative. 6. (County local law concerning adoption of Charter.) I hereby certify that the local law annexed hereto, designated as local Iaw No. of 19_ of the County of , State of New York, having been submitted to the electors at the General Election of November 19_, pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and having received the affirmative vote of -a majority of the qualified electors of the cities of said county as a unit and of a majority of the qualified electors of the towns of said county considered as a unit voting at said general election, became operative. (If any other authorized form of final adoption has been followed, please provide an appropritate certification.) I further certify that -I have compared the preceding local law with the original on file in this office and that the same is a correct transcript therefrom and of the whole of such original Iocal law, and was finally adopted in the manner indicated in paragraph , above. Clerk of the County legislatiya bo2y, City, Town or illage Cler or officer designated by local legilsatire body ELAINE H: SNOWDEN (Seal) " Date: (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized Attorney of locality.) STATE OF NEW YORK COUNTY OF DUTCHESS 1, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings have been had or taken for the enactment of the Iocal law annexed hereto. Signature ALBERT P. ROBERTS Attorney to the Town Title X24 n of WAPPINGER Tow Min= Date: (3) NOTICE OF PUBLIC HEARING TOWN OF WAPPINGER NOTICE IS HEREBY GIVEN the Town Board of the Town of Wappinger will conduct a PUBLIC HEARING on the day of 1999, at p.m. at the Town Hall, Town of Wappinger, 20 Nliddlebush Road, Wappingers Falls, New York, at which time all parties in interest and citizens shall have an opportunity to be heard as to whether the Town Board of the Town of Wappinger shall adopt a proposed Local Law, entitled "Local Law Amending the Zoning Law of the Town of Wappinger Amending the Lot Size Requirements for Nursery Schools ". PLEASE TAKE FURTHER NOTICE that the purpose and intent of the proposed Local Law is to change the minimum size of lots that may be used for Nursery Schools from ten (10) acres to two (2) acres, provided that the proposed nursery school parcel has frontage on a primary road and is adjacent to a public school or a private school that meets the minimum lct area requirements otherwise imposed by the Zoning Law. PLEASE TAKE FURTHER NOTICE that the Town Board has not made a Determination of Significance pursuant to Article 8 of the Environmental Conservation Law and the related Title 6, Part 617 NYCRR (commonly known as SEQRA), and Local Law No. 6 of the Year 1992, and hereby reserves its right to make its determination after the conclusion of the public hearing. PLEASE TAKE FURTHER NOTICE that copies of the proposed Local Law # of the Year 1999 are available for review and inspection at the Office of the Town Clerk on weekdays from 8:30 a.m. to 4:00 p.m., at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York. Dated: 1999 BY ORDER OF THE TOWN BOARD OF THE TOWN OF WAPPINGER ELAINE H. SNOWDEN, TOWN CLERK PAGGI, MARTIN & DEL BENE LLP Consulting Engineers & Land Surveyors 54-56 Main Street Poughkeepsie, New York 12601 914-471-7898 914-471-0905 (FAX) June 23, 1999 Planning Board Town of Wappinger P.O. Box 324 Wappingers Fails, New York 12590 Reference: Astor Head Start Center Dear Board Members: I'm in receipt of the above plan, Sheet Nos. C1 through C5, dated June 14"', 1999, and advise for the following: 1 . The Dutchess County.Department of Public Works approval will be required for all.. work within their right-of-way, including the entryways and sewer. and water connection. 2. Dutchess County Health Department approval will be required for both the sewer and water connections. 3. The Town Board approval will be required for both the sewer and water connection. In the report submitted by the Engineer, it is estimated that the average daily water use will be approximately 1,100 gallons per day (GPD). It is also stated that this flow will occur five (5) days per week for nine and a half months. School will not be open during the summer months or on Saturday or Sunday. It is our recommendation that the Town Board take this into consideration when making their determination. At this time, I am sending a copy of this letter to the Town Board. It is further advised that the parcel is located within Phase I of the Wappinger Sewer Transmission/Treatment Improvement and is there for eligible sewer collection and treatment. The Applicant also proposes to connect to the existing water main on the north side of the road with a 6" water main for fire protection, including a hydrant and sprinkler for the building.: By .copy of this letter, I am asking Camo Pollution Inc. if this would required any type of cross -connection control, and. how would they prefer the metering to be accomplished. 4. The Applicant has prepared a Storm Water Management Study and Plan. The numbers in the study have been reviewed and are acceptable to this office. Joseph E_ Paggi, Jr., P.E. Ernst Martin, Jr., P.E., L.S. Charles R. Del Bene, Jr., P.E. Planning Board - 2 - June 23, 1999 RE: Astor' Head Start The plan calls for the collection of the storm water into a detention facility in the southeast corner of the parcel and then point discharged. toward the rear of the lots on Schnabl Court. This is not acceptable to this office. I have spoken with the Project Engineer on the phone, and advised him of our opinion and have asked that they come up with another location for discharge of the storm waters. 5. We have reviewed the Detail Sheets submitted and advise that the bedding requirements for any flexible pipe (sanitary sewer or storm sewer) shall be 3/8" crushed stone 6" under the pipe to a point at the top of the pipe, from there should be 1'of bank run gravel placed and compacted. We also note that the Water Connection Detail shown on Sheet C5 is listed as a 2" service while the plan calls for an 1 '/z ". 1 believe the Detail Sheet is in error and should be made to conform to the Plan Sheet. We, aiso note that the tap is shown off the side of the pipe. It is our opinion that the tap should be made on top of the pipe. This should be verified by Camo Pollution Control. Their method of joint restraint using the Field -Lok gasket is acceptable to this office. We also recommend that the hydrant be rodded back to the tee, not as shown on the Detail Sheet. It is also recommended that the mechanical joints should be restrained with retainer glands in addition to the Field -Lok gaskets for the push -on pipe as specified. If there are any other questions or comments, please do not hesitate to contact this office. Very truly yours, Joseph JEP:Iaw cc: Daniel Wery, AICP Albert P. Roberts, Esq. Han. Vincent Bettina, Councilman Hon. Joseph Ruggiero, Councilman Hon. Joseph Paoloni, Councilman Hon. Robert Valdati, Councilman Hon. Elaine Snowden, Town Clerk Michael Tremper Chris Lapine FREDERICK P. CLARK ASSOCIATES, INC.David J. Portman, AICP Planning/Development/Environment/Transportation Howard 1. Reynolds, PE Rye New York and Southport Connecticut David N. Stolman, AICP, PP i 350 Theodore Fr and A.venue Michael A. Galante Rye, New York 1 580 Joanne P. Meder, AICP (914) 967-6540 a FAX (914) 967-6615 i June 9, 1999 IC E I V E D Town of Wappinger duh 10 1999 20 Middlebush Road P.O. Box 324 ELAINE SNOWDEN Wappinger Falls, NY 12590 TOWN CLERK Attention: H�n. Elaine H. Snowden, Town Clerk I i 'VITMIRMTOMMU-M-111M MMUITM—UQUIUMMMUP a Dear Elaine: In connection. with the above matter, enclosed herewith please find the following materials prepared for consideration by the Town Board at its June 14, 1999 meeting: 1. Resolution of introduction of the amendments to the Zoning Law 2. Proposed Amendments to the Zoning Law 3. EAF Parts 1 and 2 4.-. Addendum to Parts 1 and 2 of the EAF; 5: Draft resolution adopting the Negative Declaration 6. Negative' Declaration form; 7. Attachment to the Negative Declaration form; am assumingthat Al Roberts will be preparing the Local Law forms and a resolution adopting the proposed amendments. Please call me if I can be of further assistance. S' erely, Daniel K. Wert', AICP Senior Associat'e/P1anr email@tpclark.com Connecticut • (203) 255-3100 www.fpclark.com Long Island • (516) 364-4544 FREDERICK P. CLARK ASSOCIATES, INC. PIan ning/Deve lop ment/Envirorime ntlTransportati on Hon. Elaine H. Snowden, Town Clerk Page 2 June 9, 1999 Enclosures cc: Hon'. Constance O. Smith, Supervisor Hon. Vincent Bettina, Councilman Hon. Joseph P. Paoloni, Councilman Hon. Joseph Ruggiero, Councilman Hon. Robert Valdati, Councilman Albert P. Roberts, Esq. Joseph E. Paggi, Jr., PE Docs2`5001wap9-210.dkw 6/9/99 1160M, (DRAFT) RESOLUTION TOWN OF WAPPINGER TOWN BOARD OWM11 IV, -CEO 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 the day of June, 1999 at 7:00 P.M. The meeting was called to order by Supervisor Constance 0. Smith, and upon roll being called, the following were: PRESENT: Supervisor - Councilpersons CONSTANCE 0. SMITH VINCENT BETTINA JOSEPH PAOLONI JOSEPH RUGGIERO ROBERT L. VALDATI ABSENT: The following resolution was moved by Councilperson seconded by Councilperson and WHEREAS, the Town Board of the Town of Wappinger has determined that the Town of Wappinger Zoning Law requires updating and correction with respect to the regulation of Nursery Schools; and WHEREAS, the Town Board has authorized the preparation of recommended revisions and other amendments to the Town's Zoning Law; and WHEREAS, the Town Board currently has before it for consideration proposed comprehensive revisions to the Zoning Law; and WHEREAS, earlier versions of the proposed revisions have been referred to the Town of Wappinger Planning Board pursuant to Section 602 of the Zoning Law of the Town of Wappinger; and WHEREAS, the Town Board determined that the Proposed Action (i.e., the adoption of revisions to the Town's Comprehensive Plan and Zoning Law) is a Type I action Resolution Town of Wayyineer Town Board pursuant to Article S of the Environmental Conservation Law, Part 617 NYCRR (commonly known as "SEQRA") and pursuant to Local Law No. 6 of 1992 (the Town's environmental quality review law); and WHEREAS, the Town Board has determined that the proposed Local Law is an action for which there are no other Involved Agencies and that the Town Board is therefore the Lead Agency for this action. NOW, THEREFORE, BE IT RESOLVED, AS FOLLOWS: 1. The Town Board of the Town of Wappinger hereby introduces for consideration of its adoption proposed Local Law No. of 1999 in the form annexed hereto; except as specifically modified by the amendments contained therein, the Zoning Law as originally adopted and amended from time to time thereafter is to remain in full force and effect and is otherwise to be ratified, readopted and confirmed. 2. The Town Board has reviewed the Proposed Action and hereby reserves the right to make its Determination of Significance pursuant to SEQRA until the conclusion of the Public Hearing(s) on the proposed Comprehensive Plan and Zoning Law amendments. 3. The Town Board hereby schedules a public hearing regarding the adoption of the annexed proposed Local Law No. of 1999 for 7:15 PM on the day of , 1999 and the Town Clerk is hereby directed to publish notice thereof in the Town's official newspapers not less than ten (10) days prior to said public hearing date. 4. The Town Board hereby directs the Town Clerk to act as follows with respect to the proposed Local Law: a. To serve a copy of this resolution, the annexed proposed Local Law, and the public hearing notice to the municipal clerk of each abutting municipality not less than ten (10) days prior to said public hearing; b. To serve a copy of this resolution, the annexed proposed Local Law, and the public hearing notice to the Dutchess County Planning Department for 01 Resolution Town of Wappinger Town Board advisory review in accordance with Section 239 of the General Municipal Law; and C. To distribute a copy of this resolution, the annexed proposed Local Law, and the public hearing notice to the Town of Wappinger Planning Board for its review and recommendation pursuant to Section 502 of the Zoning Law prior to said public hearing. The question of the adoption of the foregoing resolution was duly put to a roll call vote, which resulted as follows: CONSTANCE O. SMITH VINCENT BETTINA JOSEPH PAOLONI JOSEPH RUGGIERO ROBERT L. VALDATI The resolution is hereby duly declared adopted. Dated: Wappingers Falls, New York d=215001wap9-200.dkw 3 voting voting voting voting voting ELAINE SNOWDEN Town Clerk Town of Wappinger Section 2. The Town of Wappinger Zoning Law,. Section 440.9, "Private Schools and Colleges, shall be revised to amend Section 440.9.1 to enable the Planning Board to reduce the minimum lot area requirements for nursery schools where appropriate, to read as follows: 440.9 "Private Schools" and Colleges 440.9.1 The school property shall be at least ten (10) acres in area or one (1) acre for each twenty (20) students, or fraction thereof, whichever is greater. The Planning Board may reduce the minimum "lot area" requirement for "nursery schools" where the proposed `use" is found to be compatible with adjoining land "uses" or if said `use" is located on a primary road and is docs215001wap9-206.dkw 519199 14-16-2(9195)-7c 617.20 Appendix A State Environmental Quality Review FULL ENVIRONMENTAL ASSESSMENT FORM SEQR Purpose: The full EAF is designed to help applicants and agencies determine, in an orderly manner, whether a project or action 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 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 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 data, 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. DETERMINATION OF SIGNIFICANCE - Type 1 and Unlisted Actions Identify the Portions of EAF completed for this project: ❑ Part 1 ❑ Part 2 ❑ 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 reasonable determined by the lead agency that: ❑ A. The Project will not result in any large and important impact(s) and, therefore, is one which will not have a 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 will not be a significant effect for this Unlisted Action because the mitigation measures described in PART 3 has been required, therefore a CONDITIONED negative declaration will be prepared. ❑ 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 Amendments to Wappinger Zoning Law — Nursery Schools Name of Action Wappinger Town Board Name of Lead Agency Constance O. Smith Supervisor Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Tread Agency Signature of Preparer (if different from responsible officer) June 9. 1999 Date 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 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 E4F 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 Amendment to Wappinger Zoning Law re: Regulation of Nursery Schools LOCATION OF ACTION (include Street Address, Municipality and County) Town of Wappinger NAME OF APPLICANTISPONSOR BUSINESS TELEPHONE Town of Wappinger Town Board (914) 297-2877 ADDRESS 20 Middlebush Road, P. O. Box 324 CITYIPO STATE ZIP CODE Wappingers Fails NY 12590-0324 NAME OF OWNER (if different) BUSINESS TELEPHONE Not Applicable ( } ADDRESS CITYIPO STATE ZIP CODE DESCRIPTION OF ACTION: Amendment to Section 440.9.1 to allow the Planning Board to reduce the 10 -acre minimum lot area requirements to encourage and accommodate the construction of Nursery Schools in appropriate locations. Please Complete Each Question - Indicate N.A. if not applicable A. Site Description SEE ATTACHMENT Physical setting of overall project, both developed and undeveloped areas. 1. Present land use: ❑ Urban ❑Industrial ❑ Commercial ❑ Forest ❑ Agriculture ❑Other 2. Total acreage of project area: acres: APPROXIMATE ACREAGE Meadow or Brushland (Non-agricultural) Forested Agricultural (includes orchards, cropland, pasture, etc.) Wetland (Freshwater or tidal as per Article 24, 25 of ECL) Water Surface Area Unvegetated (Rack, earth or fill) Roads, Buildings and Other Paved Surfaces Other (Indicate type) 3. What is predominant soil type(s) on project site? ❑ Residential (suburban) ❑ Rural (non-farm) PRESENTLY AFTER COMPLETION acres acres acres acres acres acres acres acres acres acres acres acres acres acres acres acres a. Soil drainage ❑ Well drained % of site ❑ Moderately well drained % of site 0 Poorly drained % of site b. If any agricultural land is involved, how many acres of soil are classified within soil group 1 through 4 of the NYS Land Classification System? acres. (See 1 NYCRR 370) 4. Are there bedrock outcroppings on the project site? ❑ Yes ❑ No a. What is depth to bedrock? (in feet) 4 5. Approximate percentage of proposed project site with slopes: 130-10% % ❑ 10-15% % ❑ 15% or greater % 6. Is project substantially contiguous to, or contain a building, site, or district, listed on the State or the National Registers of Historic Places? ❑ Yes ❑ 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) 9. Is site located over a primary, principal or sole source aquifer? ❑ Yes ❑ No 10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? ❑ Yes ❑ No 11 Does project site contain any species of plant or animal life that is identified as threatened or endangered? ❑ Yes ❑ No According to Identify each species 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 ❑ No if yes, explain 14. Does the present site include scenic views known to be important to the community? ❑ Yes ❑ No 15. Streams within or contiguous to project area: a. Name of Stream and name of River to which it is tributary 16. Lakes, ponds, wetland areas within or contiguous to project area: a. Name b. Size (In acres) 17. Is the site served by existing public utilities? ❑ Yes ❑ No a. If Yes, does sufficient capacity exist to allow connection? ❑ Yes ❑ No b. If yes, will improvements be necessary to allow connection? ❑ Yes ❑ No 18. Is the site located in an agricultural district certified pursuant to Agriculture and Market Law, Article 25 AA Section 303 and 304? ❑ Yes ❑ No 19. Is the site located in or substantially contiguous to a Critical Environmental Area designated pursuant to Article 8 of the ECL, and 6 NYCRR 617? ❑ Yes ❑ No 20. Has the site ever been used for the disposal of solid or hazardous waste? ❑ Yes ❑ No B. Project Description SEE ATTACHMENT 1. Physical dimensions and scale of project (fill in dimensions as appropriate) a. Total contiguous acreage owned or controlled by project sponsor acres. b. Project acreage to be developed acres initially; acres ultimately. c. Project acreage to remain undeveloped acres. d. Length of project, in miles (if appropriate) e. If the project is an expansion, indicate percent of expansion proposed % f. Number of off-street parking spaces existing ; proposed g. Maximum vehicular trips generated per hour_,,(upon completion of project)? h. If residential: Number and type of housing units: One Family Two Family Multiple Family Condominium Initially Ultimately i. Dimensions (in feet) of largest proposed structure height; width; length. j. Linear feet of frontage along a public thoroughfare project will occupy is? ft. 3 2. How much natural material (i.e. rock, earth, etc.) will be removed from the site? ton/cubic yards 3. Will disturbed areas be reclaimed? ❑ Yes ❑ No ❑ N.A. a. If yes, for what intended purpose is the site being reclaimed? b. Will topsoil be stockpiled for reclamation? ❑ Yes ❑ No c. Will upper subsoil be stockpiled for reclamation? ❑ Yes ❑ No 4. How many acres of vegetation (trees, shrubs, ground covers) will be removed from site? acres. 5. Will any mature forest (over 100 years old) or other locally -important vegetation be removed by this project? ©Yes ❑ No 6. If single phased project: Anticipated period of construction months, (including demolition). 7. If multi -phased: a. Total number of phases anticipated number). b. Anticipated date of commencement phase 1 month year, (including demolition). c. Approximate completion date of final phase month year. d. Is phase 1 functionally dependent on subsequent phases? ❑ Yes ❑ No 8. Will blasting occur during construction? ❑ Yes ❑ No 9. Number of jobs generated: during construction ; after project is complete 10. Number of jobs eliminated by this project 11. Will project require relocation of any projects or facilities? ❑ Yes ❑ No If yes, explain 12. Is surface liquid waste disposal involved? ❑ Yes ❑ No a. If yes, indicate type of waste (sewage, industrial, etc.) and amount b. Name of water body into which effluent will be discharges 13. Is subsurface liquid waste disposal involved? ❑ Yes ❑ No Type 14. Will surface area of an existing water body increase or decrease by proposal? ❑ Yes ❑ No Explain 15. Is project or any portion of project located in a 100 year flood plain? 16. Will the project generate solid waste? ❑ Yes ❑ No a. If yes, what is the amount per month tons b. If yes, will an existing solid waste facility be used? ❑Yes ❑Yes 13 No ❑ No c. If yes, give name , location d. Will any waste not go into a sewage disposal system or into a sanitary landfill? ❑ Yes ❑ No e. If Yes, explain 17. Will the project involve the disposal of solid waste? ❑ Yes ❑. No a. If yes, what is the anticipated rate of disposal? tons/month. b. If yes, what is the anticipated site life? __ears. 18. Will project use herbicides or pesticides? ❑ Yes ❑ No 19. Will project routinely produce odors (more than one hour per day?) ❑ Yes ❑ No 20. Will project produce operating noise exceeding the local ambient noise levels? ❑ Yes ❑ No 21. Will project result in an increase in energy use? If yes, indicate type(s) ❑ Yes ❑ No 22. If water supply is from wells, indicate pumping capacity gallons/minute. 23. Total anticipated water usage per day gallons/day. 24. Does project involve Local, State or Federal funding? ❑ Yes M No If yes, explain 2 25. Approvals Required; City, Town, Village Board City, Town, Village Planning Board City, Town, Zoning Board City, County Health Department Other Local Agencies Other Regional Agencies Type Submittal Date ■ Yes ❑No Zoning Amendment 6199 0 Yes ■ No Advisory Review Only 6199 ❑ Yes a No ❑ Yes ■ No ❑ Yes I■ No ■ Yes ❑No State Agencies ❑ Yes ■ No Federal Agencies ❑ Yes ■ No C. Zoning and Planning Information County Planning 6199 Development Review SEE ATTACHMENT Does proposed action involve a planning or zoning decision? ■ Yes ❑ No If yes, indicate decision required: ■ zoning amendment ❑ zoning variance ❑ special use permit ❑ subdivision ❑ site plan ❑ new/revision of master plan ❑ resource management plan ❑ other 2. What is the zoning classification(s) of the site? 3. What is the maximum potential development of the site if developed as permitted by the present zoning? 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? 6. Is the proposed action consistent with the recommended uses in adopted local land use plans? ❑ Yes ❑ No 7. What are the predominant land use(s) and zoning classification within a 114 mile radius of proposed action? 8. Is the proposed action compatible with adjoining/surrounding land uses within a 114 mile? ❑ Yes ❑ No 9. If the proposed action is the subdivision of land, how many lots are proposed? a. What is the minimum lot size proposed? 10. Will proposed action require any authorization(s) for the formation of sewer or water districts? ❑ Yes ❑ No 11. Will the proposed action create a demand for any community provided services (recreation, education, police, fire protection)? ❑ Yes ❑ No a. If yes, is existing capacity sufficient to handle projected demand? ❑ Yes ❑ No 12. Will the proposed action result in the generation of traffic significantly above present levels? ❑ Yes ❑ No a. If yes, is the existing road network adequate to handle the additional traffic? ❑Yes ❑ 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. E. Verification I certify that the information provided above is true to the best of my knowledge. Applicant/Sponsor Name Constance O. Smith Date Signature Tide Supervisor If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment. 5 Part 2 -PROJECT IMPACTS AND THEIR MAGNITUDE Responsibility of Lead Agency General Information (Read Carefully) *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 expected to be an expert environmental analyst. *Identify 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. *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 responses 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. *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. *The number of examples per question does not indicate the importance of each question. *in identifying impacts, consider long term and cumulative effects. Instructions (Read carefully) a. Answer each of the 19 questions in PART 2. Answer Yes if there will be any impact. b. C. d. e. Maybe answers should be considered as Yes answers. 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. If reviewer has doubt about size of the impact then consider the impact as potentially large and proceed to PART 3. 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. IMPACT ON LAND 1. Will the proposed action result in a physical change to the project site? ■ NO OYES Examples that would apply to column 2 • Any construction on slopes of 15% or greater, (15 foot rise per 100 foot of length), or where the general slopes in the project area exceed 10%. • Construction on land where the depth to the water table is less than 3 feet. • Construction of paved parking area for 1,000 or more vehicles. • Construction on land where bedrock is exposed or generally within 3 feet of existing ground surface. • Construction that will continue for more than 1 year or involve more than one phase or stage. • Excavation for mining purposes that would remove more than 1,000 tons of natural material (.e., rock or soil) per year. • Construction or expansion of a sanitary landfill. • Construction in a designated floodway. • Other impacts 2. Will there be an effect to any unique or unusual land forms found on the site? (i.e., cliffs, dunes, geological formations, etc.) ■ NO ❑ YES • Specific land forms: 0 1 Small to Moderate Impact 2 Potential Large Impact 3 Can Impact Be Mitigated By Project Change ❑ ❑ DYES ❑ NO ❑ ❑ DYES ❑ NO ❑ ❑ DYES ❑ NO ❑ ❑ DYES ❑ NO ❑ ❑ OYES ❑ NO ❑ ❑ DYES ❑ NO ❑ ❑ DYES ❑ NO ❑ ❑ DYES ❑ NO ❑ ❑ DYES ❑ NO ❑ ❑ DYES ❑ NO IMPACT ON WATER 3. Will proposed action affect body designated as protected? (Under Articles 15,24,25 of the Environmental Conservation Law, ECL) ■ NO ❑ 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? ■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: 5. Will Proposed Action affect surface or groundwater quality or quantity? ONO ❑ 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 contrast 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: 6_ Will proposed action alter drainage flow or patterns, or surface water runoff? ■ NO ❑ 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: 7 1 Small to Moderate Impact 2 Potential Large Impact 3 Can Impact Be Mitigated By Project Change ❑ ❑ OYES ❑ NO ❑ ❑ ❑YES ❑ NO ❑ ❑ OYES ❑ NO ❑ ❑ ❑YES ❑ NO ❑ ❑ ❑YES ❑ NO ❑ ❑ ❑YES ONO ❑ ❑ OYES ❑ NO ❑ ❑ ❑YES O NO ❑ ❑ OYES ❑ NO ❑ ❑ ❑YES ❑ NO ❑ ❑ OYES ❑ NO ❑ 10 OYES ❑ NO ❑ O OYES ❑ NO ❑ ❑ OYES ❑ NO ❑ ❑ OYES ❑ NO ❑ ❑ OYES ❑ NO ❑ ❑ OYES ❑ NO ❑ ❑ OYES ❑ NO ❑ ❑ ❑YES ❑ NO O ❑ OYES ❑ NO ❑ ❑ OYES ❑ NO O ❑ OYES ❑ NO ❑ ❑ OYES ❑ NO ❑ ❑ OYES ❑ NO ❑ ❑ OYES ❑ NO IMPACT ON AIR 7. Will proposed action affect air quality? ENO D 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 Dour. • Emission rate of total contaminants will exceed 5 lbs. per hour or a cleat 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. • Proposed action will allow an increase in the density of industrial development within existing industrial areas. • Other impacts: IMPACT ON PLANTS AND ANIMALS 8. Will Proposed Action affect any threatened or endangered species? ENO ❑ YES 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 site or found on the site. • Removal of any portion of a critical or significant wildlife habitat. • Application of pesticide or herbicide more than twice a year, other than for agricultural purposes. • Other impacts: 9. Will Proposed Action substantially affect non -threatened or non -endangered species? ■ NO ❑ YES Examples that would apply to column 2 • Proposed Action would substantially interfere with any resident or migratory fish, shellfish or wildlife species. • Proposed Action requires the removal of more than 10 acres of mature forest (over 100 years of age) or other locally important vegetation. IMPACT ON AGRICULTURAL LAND RESOURCES 10. Will the Proposed Action affect agricultural land resources? ■ 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. • The proposed action would disrupt or prevent installation of agricultural land management systems (e.g., subsurface drain lines, outlet ditches, strip cropping); or create a need for such measures (e.g. cause a farm field to drain poorly due to increased runoff) • Other impacts: N 1 Small to Moderate Impact 2 Potential Large Impact 3 Can Impact Be Mitigated By Project Change ❑ ❑ DYES ❑ NO ❑ 13 DYES ❑ NO ❑ ❑ ❑]YES ❑ NO ❑ ❑ DYES ❑ NO ❑ ❑ DYES ❑ NO ❑ D DYES D NO ❑ ❑ DYES ❑ NO ❑ ❑ DYES ❑ NO ❑ ❑ DYES ❑ NO ❑ ❑ DYES ❑ NO ❑ ❑ DYES ❑ NO ❑ D ❑YES ❑ NO ❑ ❑ DYES ❑ NO ❑ ❑ DYES ❑ NO ❑ ❑ ❑YES ❑ NO ❑ ❑ DYES ❑ NO ❑ ❑ DYES ❑ NO IMPACT ON AESTHETIC RESOURCES 11. Will proposed action affect aesthetic resources? ■ NO ❑ YES (If necessary, use the Visual EAF Addendum in Section 617.21, Appendix B.) 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 screening of scenic views known to be important to the area. • Other impacts: IMPACT ON HISTORIC AND ARCHAEOLOGICAL RESOURCES 12. Will Proposed Action impact any site or structure of historic, pre- historic or paleontological importance? ■ 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 any facility or site listed on the State or National Register . project site. • Proposed Action will occur in an area designated as sensitive for archaeological sites on the NYS Site Inventory. • 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? Examples that would apply to column 2 ■ NO D YES • The permanent foreclosure of a future recreational opportunity. • A major reduction of an open space important to the community. • Other impacts: IMPACT ON CRITICAL ENVIRONMENTAL AREAS 14. Will Proposed Action impact the exceptional or unique characteristics of a critical environmental area (CEA) established pursuant to subdivision 6 NYCRR 617.14(8)? ■ NO ❑ YES List the environmental characteristics that caused the designation of the CEA. Examples that would apply to column 2 • Proposed Action to locate within the CEA? • Proposed Action will result in a reduction in the quantity of the resource? • Proposed Action will result in a reduction in the quality of the resource? • Proposed Action will impact the use, function or enjoyment of the resource? • Other impacts: 7 1 Small to Moderate Impact 2 Potential Large Impact 3 Can Impact Be Mitigated By Pmject Change ❑ ❑ DYES ONO ❑ ❑ DYES ❑ NO ❑ ❑ DYES ❑ NO ❑ ❑ OYES ❑ NO ❑ ❑ DYES ❑ NO ❑ ❑ DYES ❑ NO ❑ ❑ DYES ❑ NO ❑ ❑ DYES ❑ NO ❑ ❑ DYES ❑ NO ❑ ❑ DYES ❑ NO ❑ ❑ DYES D NO ❑ ❑ DYES ❑ NO ❑ ❑. DYES ❑ NO ❑ ❑ DYES ❑ NO ❑ ❑ DYES ❑ NO ❑ ❑ DYES ❑ NO IMPACT ON TRANSPORTATION 15. Will there be an effect to existing transportation systems? ■ NO ❑ YES Examples that would apply to column 2 • Alteration of present patterns of movement of people and/or 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? ■ NO D 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 IMPACTS 17. Will there be objectionable odors, noise, or vibration as a result of the Proposed Action? ■ NO ❑ YES Examples that would apply to column 2 • Blasting within 1,500 feet of 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: IMPACT ON PUBLIC HEALTH 1S, Will Proposed Action affect public health and safety? ■ 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: IMPACT ON GROWTH AND CHARACTER OF COMMUNITY OR NEIGHBORHOOD 19. Will Proposed Action affect the character of the existing community? ■ NO ❑ YES Examples that would apply to column 2 • The permanent population of the city, town or village in which the 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 this project. • Proposed action will conflict with officially adopted plans or goals. • Proposed action will cause a change in the density of land use. • Proposed Action will replace or eliminate existing facilities, structures or areas of historic importance to the community. • Development will create a demand for additional community services (e.g. schools, police and fire, etc.). • Proposed Action will set an important precedent for future projects. • Proposed Action will create or eliminate employment. • Other impacts: 10 1 Small to Moderate Impact 2 Potential Large Impact 3 Can Impact Be Mitigated By Project Change ❑ ❑ DYES ❑ NO ❑ ❑ DYES ❑ NO ❑ ❑ DYES ❑ NO ❑ ❑ DYES ❑ NO ❑ ❑ DYES ❑ NO ❑ ❑ ❑YES ❑ NO ❑ ❑ DYES ❑ NO ❑ ❑ DYES ❑ NO ❑ ❑ DYES ❑ NO ❑. ❑ DYES ❑ NO ❑ ❑ OYES ❑ NO ❑ ❑ DYES ❑ NO ❑ ❑ DYES ❑ NO ❑ ❑ DYES ❑ NO ❑ ❑ ❑YES ❑ NO ❑ ❑ OYES ❑ NO p ❑ DYES ❑ NO ❑ ❑ ❑YES ❑ NO ❑ ❑ DYES D NO ❑ ❑ OYES ❑ NO ❑ ❑ DYES ❑ NO ❑ ❑ DYES ❑ NO ❑ 0 DYES D NO ❑ ❑ OYES ❑ NO ❑ ❑ DYES ❑ NO 20. Is there, or is there likely to be, public controversy related to potential adverse environmental impacts? ■ NO ❑ YES 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 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 Discuss the following for each impact identified in Column 2 of Part 2: 1. 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 • 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 • Its potential divergence from local needs and goals • Whether known objections to the project relate to this impact genl/eaf docsZ500%wap9-026,.dkw.crc 11 PROPOSED AMENDMENTS TO THE TOWN OF WAPPINGER ZONING LAW ATTACHMENT TO THE FULL ENVIRONMENTAL ASSESSMENT FORM Since the Proposed Action does not involve construction or development of any kind on a specific site, Part LA of this EAF is not relevant. The Proposed Action is the adoption of amendments to the Town of Wappinger Zoning " Law. The Town Board of the Town of Wappinger has determined that the Town of Wappinger Zoning Law requires updating and correction with respect to the regulation of nursery schools in the Town. The Town Board has authorized the preparation of recommended revisions. The Proposed Action consists of text amendments to the Section 440.9.1 of the Zoning Law. Since the Proposed Action does not involve construction or any type of development, Part LB of this EAF is not relevant, except as noted therein with respect to Questions #24 and #25. The implementation of this project does not require any funding at the State or Federal level or any special funding at the local level. The drafting of the amendments and the local law was undertaken directly by the Town of Wappinger in consultation with its legal and planning consultants. Any costs associated with that effort were reimbursed by the Applicant/Petitioner via an escrow account as is required of all applications/petitions for a rezoning. The Proposed Action is a Type I action pursuant to local and State Environmental Quality Review Laws. The Town Board of the Town of Wappinger is the only agency which has approval authority over the Proposed Action and is, therefore, the Lead Agency for this Action. The Planning Board of the Town of Wappinger is required, pursuant to Section 602 of the Town's Zoning Law to provide the Town Board with an advisory recommendation on 1 the proposed amendments to the Zoning Law. The Dutchess County Planning Board is also required, pursuant to Section 239 of the General Municipal Law, to be notified of the proposed zoning amendments and to be given an opportunity to comment on them. Since the Proposed Action does not involve construction or any type of development, Part 1.0 of this EAF is not relevant, except as noted therein with respect to Question #1. As previously noted, the Proposed Action involves the adoption of a local law that would amend the text and map provisions of the Town's Zoning Law. The proposed amendments would enable the Planning Board to reduce the 10 -acre minimum lot area requirement for nursery schools where deemed appropriate, compatible with adjoining land uses or where such schools would be located on a primary road as identified in the Town Comprehensive Plan and where adjoining compatible non-residential uses. Such amendments will allow nursery schools, particularly those with smaller enrollments and which do not require large lot areas, to find suitable sites within the Town. On balance, the proposed rezoning will not result in any significant adverse environmental impact because: • The proposed rezoning is expected to have beneficial impacts by accommodating and encouraging nursery schools which have been found to be an essential service to residents, employees and employers within the Town. • Any such development proposals will be subject to site plan approval and site- specific environmental analyses in accordance with local and State Environmental Quality Review laws. On balance, the proposed amendments to the Town of Wappinger Zoning Law are not expected to have any significant adverse environmental impacts. More specifically: • The adoption of the proposed amendments to the Town of Wappinger Zoning Law, respectively, in and of themselves, will not result in any immediate physical changes to any site within the Town. • The proposed amendments to the Town of Wappinger Zoning Law, as described herein, should not result in any adverse environmental impacts to: • Unique or unusual land forms found in the Town; • Protected or unprotected water bodies; • Surface water or ground water quality or quantity; • Drainage flow or patterns; • Air quality; • Protected or nonprotected species of plants and animals; • Agricultural land resources; • Aesthetic resources; • Historic and archaeological resources; • Open space or recreational opportunities in the Town; • Traffic or transportation systems; • Energy supply or consumption; • Noise or odor; • Public health or safety; • Existing community character; • Aesthetic resources. • The proposed amendments to the Town of Wappinger Zoning Law, as described herein, will not create any conflict with the Town's plans or goals. 3 • The proposed amendments to the Town of Wappinger Zoning Law, as described herein, should have long-term positive impacts on: • Public health and safety; • Community character; and • Economic resources. Based upon the foregoing, the adoption of the proposed amendments to the Town of Wappinger Zoning Law will not expected to have any significant adverse impacts upon the environment. docs215001wap9-205.dkw 619199 4 RESOLUTION TOWN OF WAPPINGER TOWN BOARD Adopted , 1999 ._ ►� 1 alla Ila 1.01a va r:1 M rperAlall-OMTKI-W 19 W10301 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 the day of , 1999 at 7:00 P.M. The meeting was called to order by Supervisor Constance O. Smith, and upon roll being called, the following were: PRESENT: Supervisor Councilpersons ABSENT: CONSTANCE O. SMITH VINCENT BETTINA JOSEPH PAOLONI JOSEPH RUGGIERO ROBERT L. VALDATI The following resolution was moved by Councilperson seconded by Councilperson and WHEREAS, the Town Board of the Town of Wappinger has determined that the Town of Wappinger Zoning Law require updating and correction with respect to the regulation of Nursery Schools within the Town; and WHEREAS, the Town Board has authorized the preparation of recommended revisions and other amendments as part of an updating of the Town's Zoning Law; and WHEREAS, the Town Board currently has before it for consideration proposed revisions to the Town's Zoning Law; and WHEREAS, the Town Board determined that the Proposed Action (i.e., the adoption of revisions to the Town's Zoning Law) is a Type I action pursuant to Article 8 of the Environmental Conservation Law, Part 617 NYCRR (commonly known as "SEQRA") and pursuant to Local Law No. 6 of 1992 (the Town's environmental quality review law); and WHEREAS, the Town Board has caused to be prepared and completed Part I and Part 11 of a Full Environmental Assessment Form (EAF), as amended, for this project; and Resolution Adopting Negative Declaration WHEREAS, the Town Board has determined that the proposed Local Law is an action for which there are no other Involved Agencies and that the Town Board is therefore the Lead Agency for this action. NOW, THEREFORE, BE IT RESOLVED, AS FOLLOWS: 1. The Town Board hereby adopts and incorporates the recitations and statements set forth above as if fully set forth and resolved herein. 2. The Town Board hereby adopts the attached Negative Declaration based upon the reasons enumerated therein, and hereby makes the determination that the Proposed Action will not have a significant effect upon the environment, and hereby finds that the preparation of a Draft Environmental Impact Statement will not be required for the Proposed Action. 3. The Town Board hereby directs the Town Clerk to file the attached Negative Declaration with the Commissioner and with the Region 3 Office of the Department of Environmental Conservation as shown on the attached Negative Declaration. The question of the adoption of the foregoing resolution was duly put to a roll call vote, which resulted as follows: CONSTANCE O. SMITH voting VINCENT BETTINA voting JOSEPH PAOLONI voting JOSEPH RUGGIERO voting ROBERT L. VALDATI voting The resolution is hereby duly declared adopted. Dated: 1999 Wappingers Falls, New York Attachment: Negative Declaration docs215001wap9-203. dkw 2 ELAINE SNOWDEN Town Clerk Town of Wappinger SEQR State Environmental Quality Review NEGATIVE DECLARATION Notice of Determination of Non -Significance Project Number: Date This notice is issued pursuant to Fart 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Conservation Law. The _Town of Wagg_inger�Qard. as Lead Agency, has determined that the proposed action described below will not have a significant effect on the environment and a Draft Environmental Impact Statement will not be prepared. Name of Action: NURSERY SCHOOLS - AMENDMENTS TO THE TOWN OF WAPPINGER ZONING LAW SEAR Status: Type I X Unlisted— Conditioned Negative Declaration: _ Yes X No Description of Action: SEE ATTACHMENT Location: (Include street address and the name of the municipality/county. A location map of appropriate scale is also recommended). SEE ATTACHMENT SEQR Negative Declaration Reasons Supporting This Determination: (See 617.7(c) for requirements of this determination; see 617.7(d) for Conditioned Negative Declaration) SEE ATTACHED REASONS H Conditioned Negative Declaration, provide on attachment the specific mitigation measures imposed. For Further Information: Contact Person: Supervisor Constance O. Smith Address: Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 Telephone Number: 297-2744 For Type I Actions and Conditioned Negative Declarations, a copy of this notice sent to: Office of the Chief Executive Officer of the political subdivision in which the action will be principally located. The lead agency All involved agencies (if any) Any person who has requested a copy (if any) Applicant (if any) Publication in the in the Environmental Notice Bulletin (ENS) is also required. Docs215001wap9-204.dkw 619199 Page 2 PROPOSED AMENDMENTS TO THE TOWN OF WAPPINGER ZONING LAW ATTACHMENT TO THE NEGATIVE DECLARATION REASONS SUPPORTING DETERMINATION _ The Proposed Action is the adoption of a local law amending the Town Zoning Law. The Town Board of the Town of Wappinger has determined that the Town of Wappinger Zoning Law requires updating and correction with respect to the regulation of nursery schools. The Town Board has authorized the preparation of recommended revisions. The Proposed Action consists of text amendments to the Zoning Law. The Proposed Action is a Type 1 action pursuant to local and State Environmental Quality Review Laws. The Town Board of the Town of Wappinger is the only agency which has approval authority over the Proposed Action and is, therefore, the Lead Agency for this Action. Amendmenta to the Townf Wal2vinger Zoning w The proposed amendments would enable the Planning Board to reduce the 10 -acre minimum lot area requirement for nursery schools where deemed appropriate, compatible with adjoining land uses or where such schools would be located on a primary road as identified in the Town Comprehensive Plan and where adjoining compatible non-residential uses. Such amendments will allow nursery schools, particularly those with smaller enrollments and which do not require large lot areas, to find suitable sites within the Town. On balance, the proposed rezoning will not result in any significant adverse environmental impact because: The proposed rezoning is expected to have beneficial impacts by accommodating and encouraging nursery schools which have been found to be an essential service to residents, employees and employers within the Town. • Any such development proposals will be subject to site plan approval and site- specific environmental analyses in accordance with local and State Environmental Quality Review laws. On balance, the proposed amendments to the Town of Wappinger Zoning Law are not expected to have any significant adverse environmental impacts. More specifically: • The adoption of the proposed amendments to the Town of Wappinger Zoning Law, respectively, in and of themselves, will not result in any immediate physical changes to any site within the Town. • The proposed amendments to the Town of Wappinger Zoning Law, as described herein, should not result in any adverse environmental impacts to: • Unique or unusual land forms found in the Town; • Protected or unprotected water bodies; • Surface water or ground water quality or quantity; • Drainage flow or patterns; • Air quality; • Protected or nonprotected species of plants and animals; • Agricultural land resources; • Aesthetic resources; • Historic and archaeological resources; • Open space or recreational opportunities in the Town; • Traffic or transportation systems; • Energy supply or consumption; • Noise or odor; 2 • Public health or safety; • Existing community character; • Aesthetic resources. • The proposed amendments to the Town of Wappinger Zoning Law, as described herein, will not create any conflict with the Town's plans or goals. • The proposed amendments to the Town of Wappinger Zoning Law, as described herein, should have long-term positive impacts on: • Public health and safety; • Community character; and • Economic resources. Based upon the foregoing, the adoption of the proposed amendments to the Town of Wappinger Zoning Law will not expected to have any significant adverse impacts upon the environment. doc M001wap9-207.dkw b/9/99 3 P.O. Box 324 20 Middlebush Road Wappingers Falls, NY 12590-0324 Telephone: (914) 297-1373 Fax-, (914) 297-4558 !411111 151ki 11,01111,4`11 & To: Supervisor Smith and Town Board Members "7)From: Mrs. Linda Nguyen, Secretary , Planning Board Re: Astor Homes for Children 144 Myers Corners Road Zoning Amendment - Section 440.9.1 Date: May 6, 1999 law -1101011,411091 Article IV, Section 440.9.1 of the Town of Wappinger Zoning Ordinance regarding "Private Schools" and Colleges states, "The school property shall be at least ten (10) acres in area or one (1) acre for each twenty (20) stLidCDtS, or fraction thereof, whichever is greater." It is the Planning Board's understanding that the Town Board is considering amending that section by adding, "With the exception of nursery schools for which the ten (10) acre minimum requirement shall not apply." At the May 3, 1999, Planning Board meeting, the Board unanimously voted to send a recommendation to the Town Board endorsing this change. CC: Planning Board Mr. Wery Mr. Paggi Mr. Roberts Mr. Liebermann Mr. Adams, Esq. Mrs. Snowden Zoning Board of Appeals