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2021-11-15 Town of Wappinger 20 Middlebush Road Wappingers Falls, NY 12590 Regular Meeting townofwappinger.us ~ Minutes ~ Joseph Paoloni (845)297-5772 Monday, November 15, 2021 7:00 PM Town Hall I. Call to Order Attendee Name Organization Title Status Arrived Richard Thurston Town of Wappinger Supervisor Present 7:00 PM William H. Beale Town of Wappinger Councilman Present 7:00 PM Angela Bettina Town of Wappinger Councilwoman Present 7:00 PM Christopher Phillips Town of Wappinger Councilman Present 7:00 PM Al Casella Town of Wappinger Councilman Present 7:00 PM Joseph P. Paoloni Town of Wappinger Town Clerk Present 7:00 PM II. Salute to the Flag III. Agenda and Minutes 1. Motion To: Adopt Agenda RESULT: ADOPTED \[UNANIMOUS\] MOVER: Angela Bettina, Councilwoman SECONDER: Al Casella, Councilman AYES: Thurston, Beale, Bettina, Phillips, Casella 2. Motion To: Acknowledge Minutes of October 25, 2021, and November 4th, 2021 RESULT: ADOPTED \[UNANIMOUS\] MOVER: Christopher Phillips, Councilman SECONDER: Angela Bettina, Councilwoman AYES: Thurston, Beale, Bettina, Phillips, Casella IV. Public Portion 1. Motion To: Open Public Portion Grace Martin, from 52 Fieldstone Loop, asked about the senior part of the budget regarding the Garden Club line item. The board stated that is unknown at this point but will be looking at it later on. Marcy Wagman, of 50 Old Troy Road, asked for an explanation of why a response to one person Town of Wappinger Page 1 Printed 11/23/2021 Regular MeetingMinutesNovember 15, 2021 with 1.22 acres would change an entire zoning code that would affect over 300 acres. She went through the Full Environmental Impact Assessment Form and argued that residential impact is much Greater than commercial not less than commercial. She explained the impact to roads, schools, traffic, community service, and other unintended consequences. She asked the board to please think these things through before approving. Supervisor Joe Ruggiero echoed the previous comments by Marcy Wagman. He explained the history of the Conservation Commercial district and its use for non-residential development. He understands the applicant's request to zone it back to commercial and why it was spot zoned back then to accommodate the owner to rezone it to commercial. However, he said this law as is being proposed is rezoning hundreds of acres to allow residential use in a commercial zone allowing accessory apartments. He said that is a major impact. He said that he is becoming increasingly concerned about the zoning changes that being put through.in recent years. He explained that the boards role is to also protect our property values and the impact of these zoning changes do have un-intended consequences and residential uses is not a benign use of property. There are water needs, sewer needs, fertilizer runoffs, etc... He explained that the Hughsonville gas station issue was about rolling back the distance between gas stations and housing. He explained the MTBE leakage at the adjoining gas stations at Hopewell and Route 9 that polluted the development across route nine called Indian Village. He said recently there was a zoning amendment that talked about go-karts, but was really about rezoning acres and acres of properties from 1-2 acre zoning to R15 or Levittown sized lots. He stated that were overdeveloping and getting out of proportion with the planning. He said this law is coming in without the revision of the master plan and that this is not good planning and he asked the board to rewrite the Resolution. Supervisor Barbara Gutzler, from 5 Russert Lane, echoed the same comments that this is not a good idea to change everything for the sake of one property. She said that this does not warrant an entire reclassification of the CC zone for the benefit of one property. She addressed wetlands, water issues, sewer issues and she urge the board to table it regarding the economic and environmental impact. Patrick Farley, the owner of the subject 1.22 acre property at 26 Myers Corners Road, came to make the point that work from home is the way of the future. He has had the property up for sale for a year with no interest. RESULT: ADOPTED \[UNANIMOUS\] MOVER: Al Casella, Councilman SECONDER: Christopher Phillips, Councilman AYES: Thurston, Beale, Bettina, Phillips, Casella 2. Motion To: Close Public Portion RESULT: ADOPTED \[UNANIMOUS\] MOVER: Angela Bettina, Councilwoman SECONDER: Christopher Phillips, Councilman AYES: Thurston, Beale, Bettina, Phillips, Casella Town of Wappinger Page 2 Printed 11/23/2021 Regular MeetingMinutesNovember 15, 2021 V.Resolutions RESOLUTION: 2021-144 Resolution Adopting Negative Declaration For Local Law No. ___ Of The Year 2021 USES UNDER THE ZONING CODE IN THE CONSERVATION COMMERCIAL DISTRICT WHEREAS, the Town Board has determined that the Proposed Action is a Type I action pursuant to Article 8 of the Environmental Conservation Law, Part 617 NYCRR (commonly known as "SEQRA"); and WHEREAS, the Town Board has determined that the proposed Local Laws are an action for which there are no other Involved Agencies and that the Town Board is therefore, by default, the Lead Agency for this action; and WHEREAS, the Attorney to the Town has prepared a Full Environmental Assessment Form (FEAF) regarding the proposed Local Laws, which FEAF analyzes the potential environmental impacts regarding said Local Laws; and WHEREAS, the Town Board has reviewed the Local Laws and the Full Environmental Assessment Form; NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Wappinger hereby adopts the attached Negative Declaration, for the reasons stated therein, thereby finding that the proposed Local THE CONSERVATION COMMERCIAL DISTRICT AND CONSERVATION OFFICE PARK the SEQRA process with respect to said Local Law. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES-2021-144 Yes/Aye No/Nay Abstain Absent Adopted Richard Thurston Voter Adopted as Amended William H. Beale Voter Defeated Angela Bettina Seconder Tabled Christopher Phillips Voter Withdrawn Al Casella Mover Dated: Wappingers Falls, New York November 15, 2021 The Resolution is hereby duly declared Defeated. RESOLUTION: 2021-145 Town of Wappinger Page 3 Printed 11/23/2021 Regular MeetingMinutesNovember 15, 2021 Under The Zoning Code In The Conservation Commercial District And Conservation WHEREAS, a Resolution was duly adopted by the Town Board of the Town of Wappinger CODE IN THE CONSERVATION COMMERCIAL DISTRICT AND CONSERVATION WHEREAS, a Public Hearing was duly advertised in the Southern Dutchess News and the Poughkeepsie Journal as required by law; and WHEREAS, a Public Hearing was held on October 12, 2021 and adjourned to November 15, 2021 and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed Local Law or any part thereof; and WHEREAS, the Town Board determined that the proposed Local Law was a Type I action and issued a negative declaration on November 15, 2021; and WHEREAS, the Town Board of the Town of Wappinger after due deliberation, finds that it is in the best interest of the Town to adopt said Local Law; and WHEREAS, said Local Law has been on the desks of the members of the Town Board of the Town of Wappinger for at least seven (7) days exclusive of Sunday prior to the adoption of this Resolution. NOW, THEREFORE, be it resolved, that the Town Board of the Town of Wappinger hereby CONSERVATION COMMERCIAL DISTRICT AND CONSERVATION OFFICE PARK Resolution; and BE IT FURTHER RESOLVED, that the Town Clerk is directed to enter said Local Law in the minutes of this meeting into the Local Law book for the Town of Wappinger and shall file the Local Law with the Secretary of State of New York as provided by law; and BE IT FURTHER RESOLVED, that this Local Law shall become effective immediately upon filing with the Secretary of State as provided by law. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES-2021-145 Yes/Aye No/Nay Abstain Absent Adopted Richard Thurston Voter Adopted as Amended William H. Beale Voter Defeated Angela Bettina Voter Tabled Christopher Phillips Seconder Withdrawn Al Casella Mover Dated: Wappingers Falls, New York November 15, 2021 The Resolution is hereby duly declared Defeated. RESOLUTION: 2021-146 Resolution Introducing Local Law No. __ Of 2021 Which Would Amend Chapter 240, Zoning, Chapter 210, Solid Waste, Littering And Storage Of Garbage, And Chapter 217, Town of Wappinger Page 4 Printed 11/23/2021 Regular MeetingMinutesNovember 15, 2021 Subdivision Of Land, Of The Town Code With Respect To A Variety Of Matters WHEREAS, the Town Board is considering the adoption of Local Law No. __ of 2021 which would amend Chapter 240, Zoning, Chapter 210, Solid Waste, Littering and Storage of Garbage, and Chapter 217, Subdivision of Land, of the Town Code with respect to a variety of matters (the ; and WHEREAS, for the purposes of the New York State Environmental Quality Review Act (SEQRA), the Proposed Action is as defined above; and WHEREAS, the Town Board has determined that the Proposed Action is a Type I action pursuant to Article 8 of the Environmental Conservation Law, Part 617 NYCRR (commonly known as "SEQRA"); 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, by default, the Lead Agency for this action; and WHEREAS, a Determination of Significance has not yet been made with respect to the Proposed 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 introduces for consideration of its adoption proposed Local Law No. ___ of 2021 in the form annexed hereto. 3. The Town Board hereby schedules a Public Hearing regarding the adoption of the annexed proposed Local Law No. of 2021 for _____ PM on the ___ day of ________, 2021 and the Town Clerk is hereby directed to post the notice of the Public Hearing in the form annexed hereto and to publish same in the Southern Dutchess News and the Poughkeepsie Journal 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 Department of Planning and Development for advisory review in accordance with Section 239 of the New York State General Municipal Law; and Town of Wappinger Page 5 Printed 11/23/2021 Regular MeetingMinutesNovember 15, 2021 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 prior to said public hearing. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES-2021-146 Yes/Aye No/Nay Abstain Absent Adopted Richard Thurston Voter Adopted as Amended William H. Beale Seconder Defeated Angela Bettina Voter Tabled Christopher Phillips Voter Withdrawn Al Casella Mover Dated: Wappingers Falls, New York November 15, 2021 The Resolution is hereby duly declared Adopted. RESOLUTION: 2021-147 Opting Out of Licensing and Establishing On-Site Cannabis Consumption Premises within WHEREAS, pursuant to Cannabis Law § 131, the Town of Wappinger desires to opt-out of hosting on-site cannabis consumption establishments within the boundaries of the Town outside of the Village; and WHEREAS, the Town Board has determined that the proposed adoption of the aforementioned Local Law is a Type I action pursuant to 6 NYCRR § 617.4(b)(2) and it is the only agency having approval jurisdiction over the action therefore it is established as the lead agency; BE IT RESOLVED, that the Town Board hereby introduces for consideration of its adoption to Cannabis Law §131 Opting Out of Licensing and Establishing On-Site Cannabis Consumption and BE IT FURTHER RESOLVED, that the Town Board hereby schedules a Public Hearing regarding the proposed adoption of the annexed Local Law for 7:00 P.M., on the 13th day of December, 2021, to be held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York, and the Town Clerk is directed to post the Notice of Public Hearing in the form annexed hereto and to publish same in the newspaper not less than ten (10) days nor more than twenty (20) days prior to the Public Hearing as required by law; and BE IT FURTHER RESOLVED, that pursuant to Cannabis Law §131 this Local Law is subject to a permissive referendum. Town of Wappinger Page 6 Printed 11/23/2021 Regular MeetingMinutesNovember 15, 2021 The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES-2021-147 Yes/Aye No/Nay Abstain Absent Adopted Richard Thurston Voter Adopted as Amended William H. Beale Voter Defeated Angela Bettina Voter Tabled Christopher Phillips Mover Withdrawn Al Casella Seconder Dated: Wappingers Falls, New York November 15, 2021 The Resolution is hereby duly declared Adopted. RESOLUTION: 2021-148 Opting Out of Licensing and Establishing Cannabis Retail Dispensaries within the Town of WHEREAS, pursuant to Cannabis Law § 131, the Town of Wappinger desires to opt-out of hosting on-site cannabis consumption establishments within the boundaries of the Town outside of the Village; and WHEREAS, the Town Board has determined that the proposed adoption of the aforementioned Local Law is a Type I action pursuant to 6 NYCRR § 617.4(b)(2) and it is the only agency having approval jurisdiction over the action therefore it is established as the lead agency; BE IT RESOLVED, that the Town Board hereby introduces for consideration of its adoption Cannabis Law §131 Opting Out of Licensing and Establishing Cannabis Retail Dispensaries in the form annexed hereto; and BE IT FURTHER RESOLVED, that the Town Board hereby schedules a Public Hearing regarding the proposed adoption of the annexed Local Law for 7:00 P.M., on the 13th day of December, 2021, to be held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York, and the Town Clerk is directed to post the Notice of Public Hearing in the form annexed hereto and to publish same in the newspaper not less than ten (10) days nor more than twenty (20) days prior to the Public Hearing as required by law; and BE IT FURTHER RESOLVED, that pursuant to Cannabis Law §131 this Local Law is subject to a permissive referendum. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES-2021-148 Adopted Yes/Aye No/Nay Abstain Absent Adopted as Amended Richard Thurston Voter Defeated William H. Beale Mover Tabled Angela Bettina Seconder Withdrawn Town of Wappinger Page 7 Printed 11/23/2021 Regular MeetingMinutesNovember 15, 2021 Christopher Phillips Voter Al CasellaVoter Dated: Wappingers Falls, New York November 15, 2021 The Resolution is hereby duly declared Adopted. VI. Executive Session 1. Motion To: Enter Executive Session RESULT: ADOPTED \[UNANIMOUS\] MOVER: Al Casella, Councilman SECONDER: Angela Bettina, Councilwoman AYES: Thurston, Beale, Bettina, Phillips, Casella 2. Motion To: Return From Executive Session RESULT: ADOPTED \[UNANIMOUS\] MOVER: Christopher Phillips, Councilman SECONDER: Al Casella, Councilman AYES: Thurston, Beale, Bettina, Phillips, Casella VII. Items for Special Consideration/New Business Councilman Casella Suggested the Following Line Item Changes: Town of Wappinger Page 8 Printed 11/23/2021 Regular MeetingMinutesNovember 15, 2021 These were Approved by Councilman Casella and Seconded by Councilman Phillips: Councilman Beale Suggested the Following Line Item Changes: Town of Wappinger Page 9 Printed 11/23/2021 Regular MeetingMinutesNovember 15, 2021 These were Approved by Councilman Beale and Seconded by Councilman Casella: Motion by Councilman Beale and Seconded by Councilwoman Bettina: The 2022 Recycle Center Fees. The annual pass will be raised for those under 60 to $65 and those 60 and older to $45 and will include the use of a trailer if needed, include garbage, and include any need to dispose freon items. The Single use pass will be raised to $25. Motion by Councilman Phillps and Seconded by Councilwoman Bettina: RESOLUTION: 2021-149 Resolution Adopting Annual Budget For Fiscal Year 2022 Town of Wappinger Page 10 Printed 11/23/2021 Regular MeetingMinutesNovember 15, 2021 WHEREAS, on October 25, 2021, the Town Board, pursuant to and in accordance with the provisions of Section 106 of the Town Law and other applicable provisions of law, accepted the Preliminary Budget, by Resolution No. 2021-139; and WHEREAS, in accordance with Resolution No. 2021-139, a Public Hearing on the 2022 budget per the adopted Preliminary Budget was held on November 4, 2021 at 7:30 p.m. and all parties in attendance were permitted an opportunity to speak on behalf or in opposition to the proposed Annual Budget for the fiscal year 2022; and WHEREAS, the Town Board has taken into consideration the comments made by the public at the Public Hearing. NOW, THEREFORE, BE IT RESOLVED, that pursuant to and in accordance with the provisions of Section 109 of the Town Law and other applicable provisions of law, the annexed detailed statement of expenditures and revenues of the Town of Wappinger is hereby approved and adopted as the Annual Budget of the Town of Wappinger for the fiscal year beginning January 1, 2022; and BE IT FURTHER RESOLVED, that the Town Clerk is hereby directed to enter the Annual Budget adopted herein in the minutes of the Town Board; and BE IT FURTHER RESOLVED, that the Town Board further directs that the amounts identified in the Annual Budget adopted herein shall be appropriated. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES-2021-149 Yes/Aye No/Nay Abstain Absent Adopted Richard Thurston Voter Adopted as Amended William H. Beale Voter Defeated Angela Bettina Seconder Tabled Christopher Phillips Voter Withdrawn Al Casella Mover Dated: Wappingers Falls, New York November 15, 2021 The Resolution is hereby duly declared Adopted. 2. Motion To: Accept the 2022 Recycle Center Fees For Seniors 60 years and above Annual Pass - $45 for the year For Regular Under 60 Years of Age - $65 for the year Single Use Pass - $25 per Visit There will be no additional charges as the pass includes Garbage, Freon, and Trailers. Electronics are forbidden. RESULT: ADOPTED \[UNANIMOUS\] MOVER: William H. Beale, Councilman SECONDER: Al Casella, Councilman AYES: Thurston, Beale, Bettina, Phillips, Casella Town of Wappinger Page 11 Printed 11/23/2021 Regular MeetingMinutesNovember 15, 2021 RESOLUTION: 2021-138 Resolution Adopting Capital Budgets, O&M Charges And Water/Sewer Rates And Rents For Special Districts And Special Improvement Areas For Fiscal Year 2022 WHEREAS, on September 27, 2021, the Town Board, pursuant to and in accordance with the provisions of Sections 198 and 202-a of the Town Law and other applicable provisions of law, scheduled a Public Hearing on the Proposed Capital Budgets and Proposed O&M Charges Water/Sewer Rates and Rents for Special Districts and Special Improvement Areas for Fiscal Year 2022; and WHEREAS, the Town Board conducted a Public Hearing on October 25, 2021 at 7:30 p.m. and all parties in attendance were permitted an opportunity to speak on behalf or in opposition to the proposed Capital Budgets and proposed O&M Charges Water/Sewer Rates and Rents for Special Districts and Special Improvement Areas for the fiscal year 2022; and WHEREAS, the Town Board has taken into consideration the comments made by the public at the Public Hearing. NOW, THEREFORE, BE IT RESOLVED, that pursuant to and in accordance with the provisions of Sections 198 and 202-a of the Town Law and other applicable provisions of law, the annexed detailed statement of the Capital Budgets and O&M Charges Water/Sewer Rates and Rents for Special Improvement Districts and Special Improvement Areas of the Town of Wappinger is hereby approved and adopted as the Capital Budgets and O&M Charges Water/Sewer Rates and Rents of the Town of Wappinger for the fiscal year beginning January 1, 2022; and BE IT FURTHER RESOLVED, that the Town Clerk is hereby directed to enter the aforementioned budgets adopted herein in the minutes of the Town Board. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES-2021-138 Yes/Aye No/Nay Abstain Absent Adopted Richard Thurston Voter Adopted as Amended William H. Beale Voter Defeated Angela Bettina Mover Tabled Christopher Phillips Seconder Withdrawn Al Casella Voter Dated: Wappingers Falls, New York November 15, 2021 The Resolution is hereby duly declared Adopted. 4. Motion To: Pay the Dutchess County Chargeback Town of Wappinger Page 12 Printed 11/23/2021 Regular MeetingMinutesNovember 15, 2021 RESULT:ADOPTED \[UNANIMOUS\] MOVER: William H. Beale, Councilman SECONDER: Angela Bettina, Councilwoman AYES: Thurston, Beale, Bettina, Phillips, Casella 5. Motion To: Pay for the Lock System at the Emergency Service Building For $9.600 out of line A1624.50 No Documentation was given to the Town Clerk for filing in these minutes. RESULT: ADOPTED \[UNANIMOUS\] MOVER: William H. Beale, Councilman SECONDER: Angela Bettina, Councilwoman AYES: Thurston, Beale, Bettina, Phillips, Casella RESOLUTION: 2021-150 Resolution Authorizing Transfer Of Funds WHEREAS, the Town Comptroller has reviewed the 2021 Budget and has determined that certain budgetary transfers are needed due to unanticipated expenses; and WHEREAS, the Town Board has agreed that it is in the best interest of the Town to make the transfers requested; NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby authorizes the following budget line transfers to meet the current budgetary needs: Amount From Description To Line Description Line $1,000 A0917 Fund Balance A 7110.459 A Sgt. Mark Palmateer Park Fiscal $1,450 A0917 Fund Balance 1380.400 A Agents Fee MTA Payroll Tax $1,250 A0917 Fund Balance 1980.400 A Hospital & Medical Special Events $93,000 A0917 Fund Balance 9060.800 A Equipment Clay HVAC $400 A0917 Fund Balance 7550.200 A Maintenance OCIS Chargeback $6,400 A0917 Fund Balance 7110.431 A Recycle Center Personnel $24,250 A0917 Fund Balance 1620.453 A Disability Insurance Drug/Alcohol $29,000 A0917 Fund balance 1680.401 A Assist Fiscals Agents Fee $7,750 A0917 Fund Balance 8160.100 B $300 B0915 Fund Balance 9055.800 DB $200 DB0915 Fund Balance 9089.800 DB $10,500 DB0915 Fund Balance 1380.400 The foregoing was put to a vote which resulted as follows: Town of Wappinger Page 13 Printed 11/23/2021 Regular MeetingMinutesNovember 15, 2021 Vote Record - Resolution RES-2021-150 Yes/Aye No/Nay Abstain Absent Adopted Richard Thurston Voter Adopted as Amended William H. Beale Mover Defeated Angela Bettina Seconder Tabled Christopher Phillips Voter Withdrawn Al Casella Voter Dated: Wappingers Falls, New York November 15, 2021 The Resolution is hereby duly declared Adopted. RESOLUTION: 2021-151 Correspondence Log Correspondence Log NOW, THEREFORE, BE IT RESOLVED, that the letters and communications itemized on the attached Correspondence Log are hereby accepted and placed on file in the Office of the Town Clerk. The foregoing was put to a vote which resulted as follows: Vote Record - Resolution RES-2021-151 Yes/Aye No/Nay Abstain Absent Adopted Richard Thurston Voter Adopted as Amended William H. Beale Voter Defeated Angela Bettina Mover Tabled Christopher Phillips Voter Withdrawn Al Casella Seconder Dated: Wappingers Falls, New York November 15, 2021 The Resolution is hereby duly declared Adopted. 8. Motion To: Re-Imburse Councilman Beale for monies paid for the First Responder Awards for $387.89 out of Town Board Contingency Town of Wappinger Page 14 Printed 11/23/2021 Regular MeetingMinutesNovember 15, 2021 RESULT:ADOPTED \[UNANIMOUS\] MOVER: Angela Bettina, Councilwoman SECONDER: Al Casella, Councilman AYES: Thurston, Beale, Bettina, Phillips, Casella VIII. Adjournment Motion To: Wappinger Adjournment & Signature The meeting adjourned at 10:16 PM. ____________________ Joseph P. Paoloni Town Clerk RESULT: ADOPTED \[UNANIMOUS\] MOVER: Christopher Phillips, Councilman SECONDER: Angela Bettina, Councilwoman AYES: Thurston, Beale, Bettina, Phillips, Casella Town of Wappinger Page 15 Printed 11/23/2021 5.1 Town of Wappinger Meeting: 11/15/21 07:00 PM 20 Middlebush Road Department: Town Clerk Wappingers Falls, NY 12590 Category: Local Law Adoption Prepared By: Joseph P. Paoloni D EFEATED Initiator: MinuteTraq Admin Sponsors: RESOLUTION 2021-144 DOC ID: 5690 Resolution Adopting Negative Declaration For Local Law No. Zoning Code In The Conservation Commercial District And WHEREAS, the Town Board is considering the adoption USES UNDER THE ZONING CODE IN THE CONSERVATION COMMERCIAL DISTRICT WHEREAS, the Town Board has determined that the Proposed Action is a Type I action pursuant to Article 8 of the Environmental Conservation Law, Part 617 NYCRR (commonly known as "SEQRA"); and WHEREAS, the Town Board has determined that the proposed Local Laws are an action for which there are no other Involved Agencies and that the Town Board is therefore, by default, the Lead Agency for this action; and WHEREAS, the Attorney to the Town has prepared a Full Environmental Assessment Form (FEAF) regarding the proposed Local Laws, which FEAF analyzes the potential environmental impacts regarding said Local Laws; and WHEREAS, the Town Board has reviewed the Local Laws and the Full Environmental Assessment Form; NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Wappinger hereby adopts the attached Negative Declaration, for the reasons stated therein, thereby finding THE CONSERVATION COMMERCIAL DISTRICT AND CONSERVATION OFFICE PARK the SEQRA process with respect to said Local Law. RESULT: DEFEATED \[UNANIMOUS\] MOVER: Al Casella, Councilman SECONDER: Angela Bettina, Councilwoman AYES: Thurston, Beale, Bettina, Phillips, Casella Updated: 11/12/2021 2:59 PM by Joseph P. Paoloni Page 1 Packet Pg. 16 5.1.a Full Environmental Assessment Form Part 1 - Project and Setting Instructions for Completing Part 1 Part 1 is to be completed by the applicant orproject sponsor. Responses become part of the applicationfor approval or funding, are subject topublicreview, and may be subject to further verification. Complete Part 1basedon information currently available. If additional research or investigation would beneeded to fully respond to any item, please answer as thoroughly aspossible basedoncurrent information; indicatewhether missing informationdoesnot exist, or is notreasonably available to the sponsor;and,whenpossible, generally describeworkor studieswhichwould be necessaryto updateor fully developthat information. Applicants/sponsors must complete all items in SectionsA & B. InSectionsC, D & E,most items contain an initial question that must be answered either“Yes”or “No”.If the answer tothe initial question is“Yes”, complete the sub-questions thatfollow. If the answer to the initial question is “No”,proceedto thenextquestion.Section F allows the project sponsor to identify and attach any additional information. Section G requires thename and signatureof theproject sponsor toverify that the information contained inPart1is accurate and complete. A.Project and SponsorInformation. Name of Action or Project: BepqujpopgMpdbmMbxBnfoejohVtftvoefsuif\[pojohDpefjouifDpotfswbujpoDpnnfsdjbmEjtusjduboeDpotfswbujpoPggjdfQbslEjtusjdu/ Project Location (describe, and attach a general location map): UpxopgXbqqjohfsDpotfswbujpoDpnnfsdjbmEjtusjduboeDpotfswbujpoPggjdfQbslEjtusjdu/ Brief Description of Proposed Action (include purpose or need): BnfoeuiftdifevmfpgvtftupqfsnjutjohmfgbnjmzsftjefodftxjuibddfttpszvtftjouifDpotfswbujpoDpnnfsdjbmEjtusjduboeupqfsnjutfmg.tupsbhf gbdjmjujftjouifDpotfswbujpoPggjdfQbslEjtusjdu/ Name of Applicant/Sponsor: Telephone: 956.3:8.3855 UpxopgXbqqjohfsUpxoCpbse E-Mail: suivstupoAupxopgxbqqjohfsoz/hpw Address: 31NjeemfcvtiSpbe City/PO: State:Zip Code: XbqqjohfstGbmmt OZ23712 Project Contact (if not same as sponsor; give name and title/role): Telephone: 956.3:8.2484 CbscbsbSpcfsujEjsfdupspgTusbufhjdQmboojohboeNvojdjqbmDpeft E-Mail: cspcfsujAupxopgxbqqjohfsoz/hpw Address: 31NjeemfcvtiSe City/PO:State: ZipCode: XbqqjohfstGbmmtOZ23712 Property Owner (if not same as sponsor): Telephone: O0B E-Mail: Address: City/PO:State: ZipCode: Page 1 of 13 Attachment: FEAF Part 1 CC COP Zoning Amendments 2021-09-23 (RES-2021-144 : Adopting Negative Declaration For Local Law “Amending FEAF 2019 Packet Pg. 17 5.1.a B.Government Approvals B.Government Approvals Funding, orSponsorship.(“Funding” includesgrants, loans, taxrelief,and anyotherforms of financial assistance.) Government Entity If Yes: Identify Agency and Approval(s) Application Date Required (Actual or projected) a.CityTown,5 Yes No Tfqufncfs38-3132 BepqujpopgMpdbmMbx or Village Board of Trustees b.City, Town or Village Yes 5 No Planning Board or Commission c.City Townor Yes No 5 Village Zoning Board of Appeals 5 d.Other local agencies Yes No e.County agencies Yes No DpvouzQmboojoh34:.nsfgfssbm 5 f.Regional agencies Yes No 5 g. State agencies Yes 5 No h.Federal agencies Yes No 5 i.Coastal Resources. i.Is theproject site withinaCoastal Area, or the waterfront area ofa DesignatedInland Waterway?Yes 5 No 5 ii.Is theproject site locatedin a community with anapproved LocalWaterfront Revitalization Program? Yes No iii.Is the project site within a Coastal Erosion Hazard Area? Yes No 5 C.Planning and Zoning C.1. Planning and zoning actions. Will administrative or legislative adoption, or amendment of a plan, local law, ordinance, rule or regulation be the Yes No 5 only approval(s) which must be granted to enable the proposed action to proceed? If Yes, complete sections C, F and G. If No, proceed to question C.2 and complete all remaining sections and questions in Part 1 C.2. Adopted land use plans. 5 a.Do any municipally- adopted (city, town, village or county) comprehensive land use plan(s) include the site Yes No where the proposed action would be located? 5 If Yes, does the comprehensive plan include specific recommendations for the site where the proposed action Yes No would be located? b.Is the siteof theproposed actionwithin anylocal orregional special planning district(for example:Greenway Yes No 5 Brownfield Opportunity Area (BOA); designated State or Federal heritage area; watershed management plan; or other?) If Yes, identify the plan(s): _______________________________________________________________________________________________________ HsffoxbzDpnqbdu ________________________________________________________________________________________________________ ________________________________________________________________________________________________________ c.Is the proposed action located wholly or partially within an area listed in an adopted municipal open space plan, Yes No 5 or an adopted municipal farmland protection plan? If Yes, identify the plan(s): ________________________________________________________________________________________________________ ________________________________________________________________________________________________________ ________________________________________________________________________________________________________ Page 2 of 13 Attachment: FEAF Part 1 CC COP Zoning Amendments 2021-09-23 (RES-2021-144 : Adopting Negative Declaration For Local Law “Amending Packet Pg. 18 5.1.a C.3. Zoning a.Is the site of the proposed action located in a municipality with an adopted zoning law or ordinance. Yes No 5 If Yes, what is the zoning classification(s) including any applicable overlay district? _________________________________________________________________________________________________________ DpotfswbujpoDpnnfsjdbmboeDpotfswbujpoPggjdfQbsl _________________________________________________________________________________________________________ b.Is the use permitted or allowed by a special or conditional use permit? Yes No 5 c.Is a zoning change requested as part of the proposed action?5 Yes No If Yes, i.What is the proposed new zoning for the site? ___________________________________________________________________ C.4. Existing community services. a.In what school district is the project site located? ________________________________________________________________ XbqqjohfstDfousbmTdippmEjtusjdu b.What police or other public protection forces serve the project site? _________________________________________________________________________________________________________ OfxZpslTubufQpmjdfboeEvudifttDpvouzTifsjgg c.Which fire protection and emergency medical services serve the project site? Difmtfb__________________________________________________________________________________________________________GjsfEjtusjdu-IvhitpowjmmfGjsfEjtusjdu-OfxIbdlfotbdlGjsfEjtusjdu d.What parks serve the project site? __________________________________________________________________________________________________________ Wbsjpvt __________________________________________________________________________________________________________ D.Project Details D.1. Proposed and Potential Development a.What is the general nature of the proposed action (e.g., residential, industrial, commercial, recreational; if mixed, include all components)? _________________________________________________________________________________________________________ b.a. Total acreage of the site of the proposed action?_____________ acres b.Total acreage to be physically disturbed?_____________ acres c.Total acreage (project site and any contiguous properties) owned or controlled by the applicant or project sponsor?_____________ acres c.Is the proposed action an expansion of an existing project or use? Yes No i.If Yes, what is the approximate percentage of the proposed expansion and identify the units (e.g., acres, miles, housing units, square feet)? % ____________________ Units: ____________________ d.Is the proposed action a subdivision, or does it include a subdivision? Yes No If Yes, i.Purpose or type of subdivision? (e.g., residential, industrial, commercial; if mixed, specify types) ________________________________________________________________________________________________________ ii. Is a cluster/conservation layout proposed? Yes No iii.Number of lots proposed? ________ iv.Minimum and maximum proposed lot sizes? Minimum __________ Maximum __________ Willproposed actionbe constructed in multiple phases? Yes No If No, anticipatedperiod of construction: _____ months IfYes: Total numberof phases anticipated _____ Anticipated commencement date ofphase 1(includingdemolition) _____ month _____ year Anticipated completiondateof finalphase _____ month _____year Generally describe connections or relationships among phases, including any contingencies where progress of one phase may determine timing or duration of future phases: _______________________________________________________________ ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ Page 3 of 13 Attachment: FEAF Part 1 CC COP Zoning Amendments 2021-09-23 (RES-2021-144 : Adopting Negative Declaration For Local Law “Amending Packet Pg. 19 5.1.a f.Does the project include new residential uses? YesNo If Yes, show numbers of units proposed. One Family Two Family Three Family Multiple Family (four or more) Initial Phase ___________ ___________ ____________ ________________________ At completion of all phases ___________ ___________ ____________ ________________________ g.Does the proposed action include new non-residential construction (including expansions)? Yes No If Yes, i.Total number of structures ___________ ii.Dimensions (in feet) of largest proposed structure: ________height; ________width; and _______ length iii.Approximate extent of building space to be heated or cooled: ______________________ square feet h.Does the proposed action include construction or other activities that will result in the impoundment of any Yes No liquids, such as creation of a water supply, reservoir, pond, lake, waste lagoon or other storage? If Yes, i.Purpose of the impoundment: ________________________________________________________________________________ ii.If a water impoundment, the principal source of the water: Ground water Surface water streams Other specify: _________________________________________________________________________________________________________ iii.If other than water, identify the type of impounded/contained liquids and their source. _________________________________________________________________________________________________________ iv.Approximate size of the proposed impoundment. Volume: ____________ million gallons; surface area: ____________ acres v.Dimensions of the proposed dam or impounding structure: ________ height; _______ length vi.Construction method/materials for the proposed dam or impounding structure (e.g., earth fill, rock, wood, concrete): ________________________________________________________________________________________________________ D.2. Project Operations a.Does the proposed action include any excavation, mining, or dredging, during construction, operations, or both? Yes No (Not including general site preparation, grading or installation of utilities or foundations where all excavated materials will remain onsite) If Yes: i .What is the purpose of the excavation or dredging? _______________________________________________________________ ii.How much material (including rock, earth, sediments, etc.) is proposed to be removed from the site? Volume (specify tons or cubic yards): ____________________________________________ Over what duration of time? ____________________________________________________ iii.Describe nature and characteristics of materials to be excavated or dredged, and plans to use, manage or dispose of them. ________________________________________________________________________________________________________ ________________________________________________________________________________________________________ iv.Will there be onsite dewatering or processing of excavated materials? Yes No If yes, describe. ___________________________________________________________________________________________ ________________________________________________________________________________________________________ v.What is the total area to be dredged or excavated? _____________________________________acres vi.What is the maximum area to be worked at any one time? _______________________________ acres vii.What would be the maximum depth of excavation or dredging? __________________________ feet viii.Will the excavation require blasting? Yes No ix.Summarize site reclamation goals and plan: _____________________________________________________________________ ________________________________________________________________________________________________________ ________________________________________________________________________________________________________ b.Would the proposed action cause or result in alteration of, increase or decrease in size of, or encroachment Yes No into any existing wetland, waterbody, shoreline, beach or adjacent area? If Yes: i.Identify the wetland or waterbody which would be affected (by name, water index number, wetland map number or geographic description): ______________________________________________________________________________________________ _________________________________________________________________________________________________________ Page 4 of 13 Attachment: FEAF Part 1 CC COP Zoning Amendments 2021-09-23 (RES-2021-144 : Adopting Negative Declaration For Local Law “Amending Packet Pg. 20 5.1.a ii.Describe how the proposed actionwould affect thatwaterbodyor wetland,e.g. excavation,fill, placement ofstructures, or alterationof channels,banks and shorelines.Indicate extent ofactivities, alterations and additions insquare feetor acres: _________________________________________________________________________________________________________ _________________________________________________________________________________________________________ _________________________________________________________________________________________________________ _________________________________________________________________________________________________________ iii. Willproposed action cause or result in disturbance tobottom sediments?YesNo If Yes,describe:__________________________________________________________________________________________ iv.Willproposed action cause or result in the destruction or removalof aquatic vegetation? Yes No IfYes: to be removed ___________________________________________________________ a ofvegetation proposed acreageof aquatic vegetation remaining after project completion________________________________________ purpose of proposed removal (e.g. beach clearing, invasive species control, boat access): ____________________________ ____________________________________________________________________________________________________ proposed method of plant removal: ________________________________________________________________________ if chemical/herbicide treatment will be used, specify product(s): _________________________________________________ v.Describe any proposed reclamation/mitigation following disturbance: _________________________________________________ _________________________________________________________________________________________________________ c.Will the proposed action use, or create a new demand for water? Yes No If Yes: i.Total anticipated water usage/demand per day: __________________________ gallons/day ii.Will the proposed action obtain water from an existing public water supply? Yes No If Yes: Name of district or service area: _________________________________________________________________________ Does the existing public water supply have capacity to serve the proposal? Yes No Is the project site in the existing district? Yes No Is expansion of the district needed? Yes No Do existing lines serve the project site? Yes No iii.Will line extension within an existing district be necessary to supply the project? Yes No If Yes: Describe extensions or capacity expansions proposed to serve this project: ________________________________________ ____________________________________________________________________________________________________ Source(s) of supply for the district: ________________________________________________________________________ iv.Is a new water supply district or service area proposed to be formed to serve the project site? Yes No If, Yes: Applicant/sponsor for new district: ________________________________________________________________________ Date application submitted or anticipated: __________________________________________________________________ Proposed source(s) of supply for new district: _______________________________________________________________ v.If a public water supply will not be used, describe plans to provide water supply for the project: ___________________________ _________________________________________________________________________________________________________ vi.Ifwater supplywill befromwells (public or private),maximum pumping capacity: _______gallons/minute. d. Will the proposed action generate liquid wastes? Yes No If Yes: i.Total anticipated liquid waste generation per day: _______________ gallons/day ii.Nature of liquid wastes to be generated (e.g., sanitary wastewater, industrial; if combination, describe all components and approximate volumes or proportions of each): __________________________________________________________________ _________________________________________________________________________________________________________ _________________________________________________________________________________________________________ iii.Will the proposed action use any existing public wastewater treatment facilities? Yes No If Yes: Name of wastewater treatment plant to be used: _____________________________________________________________ Name of district: ______________________________________________________________________________________ Does the existing wastewater treatment plant have capacity to serve the project? Yes No Is the project site in the existing district? Yes No Is expansion of the district needed? Yes No Page 5 of 13 Attachment: FEAF Part 1 CC COP Zoning Amendments 2021-09-23 (RES-2021-144 : Adopting Negative Declaration For Local Law “Amending Packet Pg. 21 5.1.a Do existingsewer lines serve theproject site? Yes No Willline extensionwithin anexisting districtbenecessary to servetheproject? Yes No If Yes: Describe extensions or capacity expansions proposed to serve this project: ____________________________________ ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ iv.Will a new wastewater (sewage) treatment district be formed to serve the project site? Yes No If Yes: Applicant/sponsor for new district: ____________________________________________________________________ Date application submitted or anticipated: _______________________________________________________________ What is the receiving water for the wastewater discharge? __________________________________________________ v.If public facilities will not be used, describe plans to provide wastewater treatment for the project, including specifying proposed receiving water (name and classification if surfacedischargeordescribesubsurface disposalplans): ________________________________________________________________________________________________________ ________________________________________________________________________________________________________ vi.Describe any plans or designs to capture, recycle or reuse liquid waste: _______________________________________________ ________________________________________________________________________________________________________ ________________________________________________________________________________________________________ e.Will the proposed action disturb more than one acre and create stormwater runoff, either from new point Yes No sources (i.e. ditches, pipes, swales, curbs, gutters or other concentrated flows of stormwater) or non-point source (i.e. sheet flow) during construction or post construction? If Yes: i.How much impervious surface will the project create in relation to total size of project parcel? _____ Square feetor _____ acres (impervious surface) _____ Square feet or _____ acres (parcel size) ii.Describe types of new point sources. __________________________________________________________________________ _________________________________________________________________________________________________________ iii.Where will the stormwater runoff be directed (i.e. on-site stormwater management facility/structures, adjacent properties, groundwater, on-site surface water or off-site surface waters)? ________________________________________________________________________________________________________ ________________________________________________________________________________________________________ If to surface waters, identify receiving water bodies or wetlands: ________________________________________________ ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ Will stormwater runoff flow to adjacent properties? Yes No iv.Doesproposedplan minimize impervious surfaces,usepervious materials or collect and re-use stormwater? Yes No f.Does the proposed action include, or will it use on-site, one or more sources of air emissions, including fuel Yes No combustion, waste incineration, or other processes or operations? If Yes, identify: i.Mobile sources during project operations (e.g., heavy equipment, fleet or delivery vehicles) _________________________________________________________________________________________________________ ii.Stationary sources during construction (e.g., power generation, structural heating, batch plant, crushers) ________________________________________________________________________________________________________ iii.Stationary sources during operations (e.g., process emissions, large boilers, electric generation) ________________________________________________________________________________________________________ g.Will any air emission sources named in D.2.f (above), require a NY State Air Registration, Air Facility Permit, Yes No or Federal Clean Air Act Title IV or Title V Permit? If Yes: i.Is the project site located in an Air quality non-attainment area? (Area routinely or periodically fails to meet Yes No ambient air quality standards for all or some parts of the year) ii.In addition to emissions as calculated in the application, the project will generate: ___________Tons/year ()of CarbonDioxide (CO) 2 ___________Tons/year() of NitrousOxide (N) 2 ___________Tons/year() of Perfluorocarbons (PFCs) ___________Tons/year() of Sulfur Hexafluoride (SF) 6 ___________Tons/year ()of CarbonDioxide equivalent ofHydroflorocarbons (H) ___________Tons/year ()ofHazardous Air Pollutants (HAPs) Page 6 of 13 Attachment: FEAF Part 1 CC COP Zoning Amendments 2021-09-23 (RES-2021-144 : Adopting Negative Declaration For Local Law “Amending Packet Pg. 22 5.1.a h.Will the proposed action generate or emit methane (including, but not limited to, sewage treatment plants, Yes No landfills, composting facilities)? If Yes: i.Estimate methane generation in tons/year (metric): ________________________________________________________________ ii.Describe any methane capture, control or elimination measures included in project design (e.g., combustion to generate heat or electricity, flaring): ________________________________________________________________________________________ _________________________________________________________________________________________________________ i.Will the proposed action result in the release of air pollutants from open-air operations or processes, such as Yes No quarry or landfill operations? If Yes: Describe operations and nature of emissions (e.g., diesel exhaust, rock particulates/dust): _________________________________________________________________________________________________________ _________________________________________________________________________________________________________ j.Will the proposed action result in a substantial increase in traffic above present levels or generate substantial Yes No new demand for transportation facilities or services? If Yes: i.When is the peak traffic expected (Check all that apply): Morning Evening Weekend Randomly between hours of __________ to ________. ii.For commercial activities only, projectednumberof truck trips/day Parking spaces:Existing_____________ Proposed___________Netincrease/decrease_____________ v. vi.Arepublic/private transportation service(s)orfacilities availablewithin½ mile of the proposed site? Yes No viiWill theproposedaction include access topublictransportation oraccommodationsfor useofhybrid, electric Yes No or other alternative fueled vehicles? No viii.Will the proposed action include plans for pedestrian or bicycle accommodations for connections to existing Yes pedestrian or bicycle routes? k.Will the proposed action (for commercial or industrial projects only) generate new or additional demand Yes No for energy? If Yes: i.Estimate annual electricity demand during operation of the proposed action: ____________________________________________ _________________________________________________________________________________________________________ ii.Anticipated sources/suppliers of electricity for the project (e.g., on-site combustion, on-site renewable, via grid/local utility, or other): ________________________________________________________________________________________________________ iii.Will the proposed actionrequire anew,or anupgrade to an existing substation? Yes No l.Hours of operation. Answer all items which apply. i. During Construction:ii.During Operations: Monday - Friday: _________________________Monday - Friday: ____________________________ Saturday: ________________________________Saturday: ___________________________________ Sunday: _________________________________Sunday: ____________________________________ Holidays: ________________________________Holidays: ___________________________________ Page 7 of 13 Attachment: FEAF Part 1 CC COP Zoning Amendments 2021-09-23 (RES-2021-144 : Adopting Negative Declaration For Local Law “Amending Packet Pg. 23 5.1.a m.Will the proposed action produce noise that will exceed existing ambient noise levels during construction, Yes No operation, or both? If yes: i.Provide details including sources, time of day and duration: _______________________________________________________________________________________________________ _______________________________________________________________________________________________________ ii.Willproposed action remove existing naturalbarriersthat couldact asa noisebarrieror screen? Yes No Describe: _________________________________________________________________________________________________ _________________________________________________________________________________________________________ n.Willtheproposedactionhaveoutdoorlighting? Yes No If yes: Describe source(s), location(s), height of fixture(s), direction/aim, and proximity to nearest occupied structures: i. _________________________________________________________________________________________________________ _________________________________________________________________________________________________________ ii.Will proposed action remove existing natural barriers that could act as a light barrier or screen? Yes No Describe: _________________________________________________________________________________________________ _________________________________________________________________________________________________________ o.Does the proposed action have the potential to produce odors for more than one hour per day? Yes No If Yes, describe possible sources, potential frequency and duration of odor emissions, and proximity to nearest occupied structures: ______________________________________________________________________________________ ________________________________________________________________________________________________________ ________________________________________________________________________________________________________ p.Will theproposed action include any bulkstorageof petroleum (over1,100gallons) Yes No or chemical products? If Yes: Product(s) to be stored ______________________________________________________________________________________ Volume(s)______perunit time___________(e.g., month, year) Generally describeproposed storagefacilities________________________________________________________________ ________________________________________________________________________________________________________ q.Will the proposed action (commercial, industrial and recreational projects only) use pesticides (i.e., herbicides, Yes No insecticides) during construction or operation? If Yes: Describe proposed treatment(s): i. ________________________________________________________________________________________________________ ________________________________________________________________________________________________________ ________________________________________________________________________________________________________ ________________________________________________________________________________________________________ ii.Will the proposed action use Integrated Pest Management Practices? Yes No r.Will the proposed action (commercial or industrial projects only) involve or require the management or disposal Yes No of solid waste (excluding hazardous materials)? If Yes: i.Describe any solid waste(s) to be generated during construction or operation of the facility: Construction: ____________________ tons per ________________ (unit of time) Operation : ____________________ tons per ________________ (unit of time) ii.Describe any proposals for on-site minimization, recycling or reuse of materials to avoid disposal as solid waste: Construction: ________________________________________________________________________________________ ____________________________________________________________________________________________________ Operation: __________________________________________________________________________________________ ____________________________________________________________________________________________________ iii.Proposed disposal methods/facilities for solid waste generated on-site: Construction: ________________________________________________________________________________________ ____________________________________________________________________________________________________ Operation: __________________________________________________________________________________________ ____________________________________________________________________________________________________ Page 8 of 13 Attachment: FEAF Part 1 CC COP Zoning Amendments 2021-09-23 (RES-2021-144 : Adopting Negative Declaration For Local Law “Amending Packet Pg. 24 5.1.a s.Does the proposed action include construction or modification of a solid waste management facility? Yes No If Yes: Type of management or handling of waste proposed for the site (e.g., recycling or transfer station, composting, landfill, or i. other disposal activities): ___________________________________________________________________________________ ii.Anticipated rate of disposal/processing: ________ Tons/month, if transfer or other non-combustion/thermal treatment, or ________ Tons/hour, if combustion or thermal treatment iii.If landfill, anticipated site life: ________________________________ years t.Willproposed action at thesite involve the commercial generation, treatment,storage,ordisposalof hazardous Yes No waste? If Yes: i.Name(s) of all hazardous wastes or constituents to be generated, handled or managed at facility: ___________________________ _________________________________________________________________________________________________________ _________________________________________________________________________________________________________ ii.Generally describe processes or activities involving hazardous wastes or constituents: ___________________________________ _________________________________________________________________________________________________________ ________________________________________________________________________________________________________ iii.Specify amount to be handled or generated _____ tons/month iv.Describe any proposals for on-site minimization, recycling or reuse of hazardous constituents: ____________________________ ________________________________________________________________________________________________________ ________________________________________________________________________________________________________ v.Will any hazardous wastes be disposed at an existing offsite hazardous waste facility? Yes No If Yes: provide name and location of facility: _______________________________________________________________________ ________________________________________________________________________________________________________ If No: describe proposed management of any hazardous wastes which will not be sent to a hazardous waste facility: ________________________________________________________________________________________________________ ________________________________________________________________________________________________________ E.Site and Setting of Proposed Action E.1. Land uses on and surrounding the project site a.Existing land uses. i.Check all uses that occur on, adjoining and near the project site. Urban Industrial Commercial Residential (suburban) Rural (non-farm) Forest Agriculture Aquatic Other (specify): ____________________________________ ii.If mix of uses, generally describe: __________________________________________________________________________________________________________ __________________________________________________________________________________________________________ b.Land uses and covertypes on the project site. Land use or Current Acreage After Change Covertype Acreage Project Completion (Acres +/-) Roads, buildings, and other paved or impervious surfaces Forested Meadows, grasslands or brushlands (non- agricultural, including abandoned agricultural) Agricultural (includes active orchards, field, greenhouse etc.) Surface water features (lakes, ponds, streams, rivers, etc.) Wetlands (freshwater or tidal) Non-vegetated (bare rock, earth or fill) Other Describe: _______________________________ ________________________________________ Page 9 of 13 Attachment: FEAF Part 1 CC COP Zoning Amendments 2021-09-23 (RES-2021-144 : Adopting Negative Declaration For Local Law “Amending Packet Pg. 25 5.1.a c.Is the project site presently used by members of the community for public recreation? Yes No i.If Yes: explain: __________________________________________________________________________________________ d.Are there any facilities serving children, the elderly, people with disabilities (e.g., schools, hospitals, licensed Yes No day care centers, or group homes) within 1500 feet of the project site? If Yes, i.Identify Facilities: ________________________________________________________________________________________________________ ________________________________________________________________________________________________________ e.Does the project site contain an existing dam? Yes No If Yes: i.Dimensions of the dam and impoundment: Dam height: _________________________________ feet Dam length: _________________________________ feet Surface area: _________________________________ acres Volume impounded: _______________________________ gallons OR acre-feet ii.Dam=s existing hazard classification: _________________________________________________________________________ iii.Provide date and summarize results of last inspection: _______________________________________________________________________________________________________ _______________________________________________________________________________________________________ f.Has the project site ever been used as a municipal, commercial or industrial solid waste management facility, Yes No or does the project site adjoin property which is now, or was at one time, used as a solid waste management facility? If Yes: i. Has the facility been formally closed? Yes No If yes, cite sources/documentation: _______________________________________________________________________ ii.Describe the location of the project site relative to the boundaries of the solid waste management facility: _______________________________________________________________________________________________________ _______________________________________________________________________________________________________ iii.Describe any development constraints due to the prior solid waste activities: __________________________________________ _______________________________________________________________________________________________________ g.Have hazardous wastes been generated, treated and/or disposed of at the site, or does the project site adjoin Yes No property which is now or was at one time used to commercially treat, store and/or dispose of hazardous waste? If Yes: i.Describe waste(s) handled and waste management activities, including approximate time when activities occurred: _______________________________________________________________________________________________________ _______________________________________________________________________________________________________ h.Potential contamination history. Has there been a reported spill at the proposed project site, or have any Yes No remedial actions been conducted at or adjacent to the proposed site? If Yes: i.Is any portion of the site listed on the NYSDEC Spills Incidents database or Environmental Site Yes No Remediation database? Check all that apply: Yes – Spills Incidents database Provide DEC ID number(s): ________________________________ Yes – Environmental Site Remediation database Provide DEC ID number(s): ________________________________ Neither database ii.If site has been subject of RCRA corrective activities, describe control measures:_______________________________________ ________________________________________________________________________________________________________ ________________________________________________________________________________________________________ iii.Is the project within 2000 feet of any site in the NYSDEC Environmental Site Remediation database? Yes No If yes, provide DEC ID number(s): ______________________________________________________________________________ iv.If yes to (i), (ii) or (iii) above, describe current status of site(s): _______________________________________________________________________________________________________ _______________________________________________________________________________________________________ Page 10 of 13 Attachment: FEAF Part 1 CC COP Zoning Amendments 2021-09-23 (RES-2021-144 : Adopting Negative Declaration For Local Law “Amending Packet Pg. 26 5.1.a v.Is the project site subject to an institutional control limiting property uses? Yes No If yes, DEC site ID number: ____________________________________________________________________________ Describe the type of institutional control (e.g., deed restriction or easement): ____________________________________ Describe any use limitations: ___________________________________________________________________________ Describe any engineering controls: _______________________________________________________________________ Will the project affect the institutional or engineering controls in place? Yes No Explain: ____________________________________________________________________________________________ ___________________________________________________________________________________________________ ___________________________________________________________________________________________________ E.2. Natural Resources On or Near Project Site a.What is the average depth to bedrock on the project site? ________________ feet b. Are there bedrock outcroppings on the project site? Yes No If Yes, what proportion of the site is comprised of bedrock outcroppings? __________________% c.Predominant soil type(s) present on project site: ___________________________ __________% ___________________________ __________% ____________________________ __________% d.What is the average depth to the water table on the project site? Average: _________ feet e.Drainage status of project site soils: Well Drained:_____%ofite Moderately Well Drained: _____% of site Poorly Drained _____%ofite f.Approximate proportion of proposed action site with slopes: 0-10%:_____% of site 10-15%: _____% of site 15% or greater: _____% of site g.Are there any unique geologic features on the project site? Yes No If Yes, describe: _____________________________________________________________________________________________ ________________________________________________________________________________________________________ h.Surface water features. i.Does any portion of the project site contain wetlands or other waterbodies (including streams, rivers, Yes No ponds or lakes)? ii.Do any wetlands or other waterbodies adjoin the project site? Yes No If Yes to either i or ii, continue. If No, skip to E.2.i. iii.Are any of the wetlands or waterbodies within or adjoining the project site regulated by any federal, Yes No state or local agency? iv.For each identifiedwetland and waterbody on theproject site, providethefollowing information Streams:Name ____________________________________________Classification _______________________ Lakesor Ponds:Name ____________________________________________Classification_______________________ Wetlands:Name ____________________________________________Approximate Size ___________________ Wetland No. (if regulatedbyDEC) _____________________________ v.Are any of the above water bodies listed in the most recent compilation of NYS water quality-impaired Yes No waterbodies? If yes, name of impaired water body/bodies and basis for listing as impaired: _____________________________________________ ___________________________________________________________________________________________________________ i.Is theproject site inadesignatedFloodway? Yes No j.Is theproject site in the100year Floodplain? Yes No k.Is theproject site in the500year Floodplain? Yes No l.Is the project site located over, or immediately adjoining, a primary, principal or sole source aquifer? Yes No If Yes: i.Name of aquifer: _________________________________________________________________________________________ Page 11 of 13 Attachment: FEAF Part 1 CC COP Zoning Amendments 2021-09-23 (RES-2021-144 : Adopting Negative Declaration For Local Law “Amending Packet Pg. 27 5.1.a m.Identify the predominant wildlife species that occupy or use the project site: ______________________________ ______________________________ _____________________________________________________________ ______________________________ _____________________________________________________________ n.Does the project site contain a designated significant natural community? Yes No If Yes: i.Describe the habitat/community (composition, function, and basis for designation): _____________________________________ ________________________________________________________________________________________________________ ii.Source(s) of description or evaluation: ________________________________________________________________________ iii.Extent of community/habitat: Currently: ______________________ acres Following completion of project as proposed: _____________________ acres Gain or loss (indicate + or -): ______________________ acres o.Does project site contain any species of plant or animal that is listed by the federal government or NYS as Yes No endangered or threatened, or does it contain any areas identified as habitat for an endangered or threatened species? p.Does the project site contain any species of plant or animal that is listed by NYS as rare, or as a species of Yes No special concern? q.Is the project site or adjoining area currently used for hunting, trapping, fishing or shell fishing? Yes No If yes, give a brief description of how the proposed action may affect that use: ___________________________________________ ________________________________________________________________________________________________________ E.3. Designated Public Resources On or Near Project Site a.Is the project site, or any portion of it, located in a designated agricultural district certified pursuant to Yes No Agriculture and Markets Law, Article 25-AA, Section 303 and 304? If Yes, provide county plus district name/number: _________________________________________________________________ b.Are agricultural lands consisting of highly productive soils present? Yes No i.If Yes: acreage(s) on project site? ___________________________________________________________________________ ii.Source(s) of soil rating(s): _________________________________________________________________________________ c.Does the project site contain all or part of, or is it substantially contiguous to, a registered National Yes No Natural Landmark? If Yes: i.Nature of the natural landmark: Biological Community Geological Feature ii.Provide brief description of landmark, including values behind designation and approximate size/extent: ___________________ ________________________________________________________________________________________________________ ________________________________________________________________________________________________________ d.Is the project site located in or does it adjoin a state listed Critical Environmental Area? Yes No If Yes: i.CEA name: _____________________________________________________________________________________________ ii.Basis for designation: _____________________________________________________________________________________ iii.Designating agency and date: ______________________________________________________________________________ Page 12 of 13 Attachment: FEAF Part 1 CC COP Zoning Amendments 2021-09-23 (RES-2021-144 : Adopting Negative Declaration For Local Law “Amending Packet Pg. 28 5.1.a e.Does the project site contain, or is it substantially contiguous to, a building, archaeological site, or district Yes No whichis listedonofHistoricP of Historic Places? If Yes: i.Nature of historic/archaeological resource: Archaeological Site Historic Building or District ii.Name: _________________________________________________________________________________________________ iii.Brief description of attributes on which listing is based: _______________________________________________________________________________________________________ f.Is the project site, or any portion of it, located in or adjacent to an area designated as sensitive for Yes No archaeological sites on the NY State Historic Preservation Office (SHPO) archaeological site inventory? g.Have additional archaeological or historic site(s) or resources been identified on the project site? Yes No If Yes: i.Describe possible resource(s): _______________________________________________________________________________ ii.Basis for identification: ___________________________________________________________________________________ h.theproject siteanyofficially designated and publicly accessible federal, state,or local Yes No scenicor aesthetic resource? If Yes: i.Identify resource: _________________________________________________________________________________________ ii.Nature of, or basis for, designation (e.g., established highway overlook, state or local park, state historic trail or scenic byway, etc.): ___________________________________________________________________________________________________ iii.Distance between project and resource: _____________________ miles. i.Is the project site located within a designated river corridor under the Wild, Scenic and Recreational Rivers Yes No Program 6 NYCRR 666? If Yes: i.Identify the name of the river and its designation: ________________________________________________________________ ii.Is the activity consistent with development restrictions contained in 6NYCRR Part 666? Yes No F.Additional Information Attach any additional information which may be needed to clarify your project. If you have identified any adverse impacts which could be associated with your proposal, please describe those impacts plus any measures which you propose to avoid or minimize them. G.Verification I certify that the information provided is true to the best of my knowledge. Tfqufncfs34-3132 Applicant/Sponsor Name ___________________________________ Date_______________________________________ UpxopgXbqqjohfsUpxoCpbse BuupsofzupuifUpxo Signature________________________________________________ Title_______________________________________ QSJOUGPSN Page 13 of 13 Packet Pg. 29 5.1.a Full Environmental Assessment Form Part 1 F. Attachment Proposed Amendments The proposed zoning amendments permit single family residences and their accessory uses in the Conservation Commercial District and the addition of self-storage facilities as a specially permitted use in the Conservation Office Park District. Potential Impacts The proposed amendments create no adverseenvironmental impacts. The Conservation Commercial District has many existing single family residences and other buildings that were constructed as single family residences and converted to commercial uses like offices. Permitting single family residences within the district will not adversely impact the character of the district and the adverse environmental impact of single family residences is less than that of the other uses permitted in the CC District. Commercial Warehouse Facilities are permitted in the Conservation Office Park District. Self- storage warehouse facilities have less adverse environmental impacts than commercial warehouse facilities and would not change the character of the zoning district. Attachment: FEAF Part 1 CC COP Zoning Amendments 2021-09-23 (RES-2021-144 : Adopting Negative Declaration For Local Law “Amending Packet Pg. 30 5.1.b Full Environmental Assessment Form DD'DPQ\[pojohBnfoenfout Part 2 - Identification of Potential Project Impacts Pdupcfs36-3132 Part 2 is to be completed by the lead agency. Part 2 is designed to help the lead agency inventory all potential resources that could be affected by a proposed project or action. We recognize that the lead agency=s reviewer(s) will not necessarily be environmental professionals. So, the questions are designed to walk a reviewer through the assessment process by providing a series of questions that can be answered using the information found in Part 1. To further assist the lead agency in completing Part 2, the form identifies the most relevant questions in Part 1 that will provide the information needed to answer the Part 2 question. When Part 2 is completed, the lead agency will have identified the relevant environmental areas that may be impacted by the proposed activity. If the lead agency is a state agency and the action is in any Coastal Area, complete the Coastal Assessment Form before proceeding with this assessment. Tips for completing Part 2: Review all of the information provided in Part 1. Review any application, maps, supporting materials and the Full EAF Workbook. Answer each of the 18 questions in Part 2. If you answer “Yes” to a numbered question, please complete all the questions that follow in that section. If you answer “No” to a numbered question,move on to the next numbered question. Check appropriate column to indicate the anticipated size of the impact. Proposed projects that would exceed a numeric threshold contained in a question should result in the reviewing agency checking the box “Moderate to large impact may occur.” The reviewer is not expected to be an expert in environmental analysis. If you are not sure or undecided about the size of an impact, it may help to review the sub-questions for the general question and consult the workbook. When answering a question consider all components of the proposed activity, that is, the A whole action @. Consider the possibility for long-term and cumulative impacts as well as direct impacts. Answer the question in a reasonable manner considering the scale and context of the project. 1.Impact on Land Proposed action may involve construction on, or physical alteration of, NO YES 5 the land surface of the proposed site. (See Part 1. D.1) If “Yes”, answer questions a - j. If “No”, move on to Section 2. Relevant No, or Moderate Part I small to large Question(s) impact impact may may occur occur a.The proposed action may involve construction on land where depth to water table is E2d 5 less than 3 feet. 5 E2f b.The proposed action may involve construction on slopes of 15% or greater. E2a 5 c.The proposed action may involve construction on land where bedrock is exposed, or generally within 5 feet of existing ground surface. D2a 5 d.The proposed action may involve the excavation and removal of more than 1,000 tons of natural material. D1e 5 e.The proposed action may involve construction that continues for more than one year or in multiple phases. D2e, D2q 5 f.The proposed action may result in increased erosion, whether from physical disturbance or vegetation removal (including from treatment by herbicides). B1i 5 g.The proposed action is, or may be, located within a Coastal Erosion hazard area. 5 h.Other impacts: _______________________________________________________ ___________________________________________________________________ Attachment: FEAF Part 2 CC & COP Zoning Amendments (RES-2021-144 : Adopting Negative Declaration For Local Law “Amending Uses Page1 of 10 FEAF2019 Packet Pg. 31 5.1.b 2.Impact on Geological Features The proposed action may result in the modification or destruction of, or inhibit access to, any unique or unusual land forms on the site (e.g., cliffs, dunes, NO YES 5 minerals, fossils, caves). (See Part 1. E.2.g) If “Yes”, answer questions a - c. If “No”, move on to Section 3. Relevant No, or Moderate Part I small to large Question(s) impact impact may may occur occur E2g a.Identify the specific land form(s) attached: ________________________________ ___________________________________________________________________ E3c b.The proposed action may affect or is adjacent to a geological feature listed as a registered National Natural Landmark. Specific feature: _____________________________________________________ c.Other impacts: ______________________________________________________ ___________________________________________________________________ 3.Impacts on Surface Water 5 The proposed action may affect one or more wetlands or other surface water NO YES bodies (e.g., streams, rivers, ponds or lakes). (See Part 1. D.2, E.2.h) If “Yes”, answer questions a - l. If “No”, move on to Section 4. Relevant No, or Moderate Part I small to large Question(s) impact impact may may occur occur D2b, D1h a.The proposed action may create a new water body.5 D2b 5 b.The proposed action may result in an increase or decrease of over 10% or more than a 10 acre increase or decrease in the surface area of any body of water. D2a 5 c.The proposed action may involve dredging more than 100 cubic yards of material from a wetland or water body. E2h 5 d.The proposed action may involve construction within or adjoining a freshwater or tidal wetland, or in the bed or banks of any other water body. D2a, D2h 5 e.The proposed action may create turbidity in a waterbody, either from upland erosion, runoff or by disturbing bottom sediments. 5 D2c f.The proposed action may include construction of one or more intake(s) for withdrawal of water from surface water. D2d 5 g.The proposed action may include construction of one or more outfall(s) for discharge of wastewater to surface water(s). D2e h.The proposed action may cause soil erosion, or otherwise create a source of 5 stormwater discharge that may lead to siltation or other degradation of receiving water bodies. E2h 5 i.The proposed action may affect the water quality of any water bodies within or downstream of the site of the proposed action. D2q, E2h 5 j.The proposed action may involve the application of pesticides or herbicides in or around any water body. k.The proposed action may require the construction of new, or expansion of existing, D1a, D2d 5 wastewater treatment facilities. Attachment: FEAF Part 2 CC & COP Zoning Amendments (RES-2021-144 : Adopting Negative Declaration For Local Law “Amending Uses Page2 of 10 Packet Pg. 32 5.1.b 5 l.Other impacts: _______________________________________________________ ___________________________________________________________________ 4.Impact on groundwater 5 The proposed action may result in new or additional use of ground water, or NO YES may have the potential to introduce contaminants to ground water or an aquifer. (See Part 1. D.2.a, D.2.c, D.2.d, D.2.p, D.2.q, D.2.t) If “Yes”, answer questions a - h. If “No”, move on to Section 5. Relevant No, or Moderate Part I small to large Question(s) impact impact may may occur occur D2c a.The proposed action may require new water supply wells, or create additional demand on supplies from existing water supply wells. D2c b.Water supply demand from the proposed action may exceed safe and sustainable withdrawal capacity rate of the local supply or aquifer. Cite Source: ________________________________________________________ c.The proposed action may allow or result in residential uses in areas without water andD1a, D2c sewer services. D2d, E2l d.The proposed action may include or require wastewater discharged to groundwater. e.The proposed action may result in the construction of water supply wells in locationsD2c, E1f, where groundwater is, or is suspected to be, contaminated.E1g, E1h D2p, E2l f.The proposed action may require the bulk storage of petroleum or chemical products over ground water or an aquifer. E2h, D2q, g.The proposed action may involve the commercial application of pesticides within 100 E2l, D2c feet of potable drinking water or irrigation sources. h.Other impacts: ______________________________________________________ __________________________________________________________________ 5.Impact on Flooding The proposed action may result in development on lands subject to flooding. NO 5 YES (See Part 1. E.2) If “Yes”, answer questions a - g. If “No”, move on to Section 6. Relevant No, or Moderate Part I small to large Question(s) impact impact may may occur occur E2i 5 a.The proposed action may result in development in a designated floodway. E2j 5 b.The proposed action may result in development within a 100 year floodplain. E2k 5 c.The proposed action may result in development within a 500 year floodplain. D2b, D2e 5 d.The proposed action may result in, or require, modification of existing drainage patterns. D2b, E2i, 5 e.The proposed action may change flood water flows that contribute to flooding. E2j, E2k E1e 5 f.If there is adam locatedon the siteof theproposed action, dam Attachment: FEAF Part 2 CC & COP Zoning Amendments (RES-2021-144 : Adopting Negative Declaration For Local Law “Amending Uses Page3 of 10 Packet Pg. 33 5.1.b g.Other impacts: ______________________________________________________ 5 ___________________________________________________________________ 6.Impacts on Air The proposedaction mayinclude a stateregulated air emission source. NO YES 5 (See Part 1. D.2.f., D2hD.2.g) If “Yes”, answer questionsa - f. If “No”, move ontoSection7. Relevant No, or Moderate Part I small to large Question(s) impact impact may may occur occur a.If the proposed action requires federal or state air emission permits, the action may also emit one or more greenhouse gases at or above the following levels: D2g i.More than 1000 tons/year of carbon dioxide (CO) 2 D2g ii.More than 3.5 tons/year ofnitrousoxide (N) 2 D2g iii.More than 1000 tons/year of carbon equivalent of perfluorocarbons (PFCs) D2g iv.More than .045 tons/year of sulfur hexafluoride (SF) 6 D2g v.More than 1000 tons/year of carbon dioxide equivalent of hydrochloroflurocarbons (HFCs)emissions D2h vi.43 tons/year or more of methane D2g b.The proposed action may generate 10 tons/year or more of any one designated hazardous air pollutant, or 25 tons/year or more of any combination of such hazardous air pollutants. c.The proposed action may require a state air registration, or may produce an emissions D2f, D2g rate of total contaminants that may exceed 5 lbs. per hour, or may include a heat source capable of producing more than 10 million BTU=s per hour. D d.Theproposedaction may reach 50%of any of the thresholds in “a”through “c”, above. D2s e.The proposed action may result in the combustion or thermal treatment of more than 1 ton of refuse per hour. f.Other impacts: ______________________________________________________ __________________________________________________________________ 7.Impact on Plants and Animals The proposed action may result in a loss of flora or fauna. (See Part 1. E.2. m.-q.) NO YES 5 If “Yes”, answer questions a - j. If “No”, move on to Section 8. Relevant No, or Moderate Part I small to large Question(s)impact impact may may occur occur E2o a.The proposed action may cause reduction in population or loss of individuals of any threatened or endangered species, as listed by New York State or the Federal government, that use the site, or are found on, over, or near the site. E2o b.The proposed action may result in a reduction or degradation of any habitat used by any rare, threatened or endangered species, as listed by New York State or the federal government. E2p c.The proposed action may cause reduction in population, or loss of individuals, of any species of special concern or conservation need, as listed by New York State or the Federal government, that use the site, or are found on, over, or near the site. E2p d.The proposed action may result in a reduction or degradation of any habitat used by any species of special concern and conservation need, as listed by New York State or the Federal government. Attachment: FEAF Part 2 CC & COP Zoning Amendments (RES-2021-144 : Adopting Negative Declaration For Local Law “Amending Uses Page4 of 10 Packet Pg. 34 5.1.b E3c e.The proposed action may diminish the capacity of a registered National Natural Landmark to support the biological community it was established to protect. E2n f.The proposed action may result in the removal of, or ground disturbance in, any portion of a designated significant natural community. Source: ____________________________________________________________ g.The proposed action may substantially interfere with nesting/breeding, foraging, or E2m over-wintering habitat for the predominant species that occupy or use the project site. h.The proposed action requires the conversion of more than 10 acres of forest, E1b grassland or any other regionally or locally important habitat. Habitat type & information source: ______________________________________ __________________________________________________________________ D2q i.Proposed action (commercial, industrial or recreational projects, only) involves use of herbicides or pesticides. j.Other impacts: ______________________________________________________ __________________________________________________________________ 8.Impact on Agricultural Resources 5 The proposed action may impact agricultural resources. (See Part 1. E.3.a. and b.) NO YES If “Yes”, answer questions a - h. If “No”, move on to Section 9. Relevant No, or Moderate Part I small to large Question(s) impact impact may may occur occur a.The proposed action may impact soil classified within soil group 1 through 4 of theE2c, E3b NYS Land Classification System. E1a, Elb b.The proposed action may sever, cross or otherwise limit access to agricultural land (includes cropland, hayfields, pasture, vineyard, orchard, etc). E3b c.The proposed action may result in the excavation or compaction of the soil profile of active agricultural land. E1b, E3a d.The proposed action may irreversibly convert agricultural land to non-agricultural uses, either more than 2.5 acres if located in an Agricultural District, or more than 10 acres if not within an Agricultural District. El a, E1b e.The proposed action may disrupt or prevent installation of an agricultural land management system. C2c, C3, f.The proposed action may result, directly or indirectly, in increased development D2c, D2d potential or pressure on farmland. C2c g.The proposed project is not consistent with the adopted municipal Farmland Protection Plan. h.Other impacts: ________________________________________________________ Attachment: FEAF Part 2 CC & COP Zoning Amendments (RES-2021-144 : Adopting Negative Declaration For Local Law “Amending Uses Page5 of 10 Packet Pg. 35 5.1.b 9.Impact on Aesthetic Resources 5 The land use of the proposed action are obviously different from, or are in NO YES sharp contrast to, current land use patterns between the proposed project and a scenic or aesthetic resource. (Part 1. E.1.a, E.1.b, E.3.h.) If “Yes”, answer questions a - g. If “No”, go to Section 10. Relevant No, or Moderate Part I small to large Question(s) impact impact may may occur occur E3h a.Proposed action may be visible from any officially designated federal, state, or local scenic or aesthetic resource. E3h, C2b b.The proposed action may result in the obstruction, elimination or significant screening of one or more officially designated scenic views. E3h c.The proposed action may be visible from publicly accessible vantage points: i.Seasonally (e.g., screened by summer foliage, but visible during other seasons) ii.Year round E3h d.The situation or activity in which viewers are engaged while viewing the proposed action is: E2q, i.Routine travel by residents, including travel to and from work E1c ii.Recreational or tourism based activities E3h e.The proposed action may cause a diminishment of the public enjoyment and appreciation of the designated aesthetic resource. D1a, E1a, f.There are similar projects visible within the following distance of the proposed D1f, D1g project: 0-1/2 mile ½ -3 mile 3-5 mile 5+ mile g.Other impacts: ______________________________________________________ __________________________________________________________________ 10.Impact on Historic and Archeological Resources The proposed action may occur in or adjacent to a historic or archaeological NO YES 5 resource. (Part 1. E.3.e, f. and g.) If “Yes”, answer questions a - e. If “No”, go to Section 11. Relevant No, or Moderate Part I small to large Question(s) impact impact may may occur occur E3e E3f b.The proposed action may occur wholly or partially within, or substantially contiguous to, an area designated as sensitive for archaeological sites on the NY State Historic Preservation Office (SHPO) archaeological site inventory. E3g c.The proposed action may occur wholly or partially within, or substantially contiguous to, an archaeological site not included on the NY SHPO inventory. Source: ____________________________________________________________ Attachment: FEAF Part 2 CC & COP Zoning Amendments (RES-2021-144 : Adopting Negative Declaration For Local Law “Amending Uses Page6 of 10 Packet Pg. 36 5.1.b d.Other impacts: ______________________________________________________ __________________________________________________________________ If any of the above(a-d) are answered “ e. ”,continuewiththe following questionsto help support conclusionsin Part3: i.The proposed action may result in the destruction or alteration of all or part E3e, E3g, of the site or property. E3f ii.The proposed action may result in the alteration of the property’s setting or E3e, E3f, integrity. E3g, E1a, E1b E3e, E3f, iii.The proposed action may result in the introduction of visual elements which E3g, E3h, are out of character with the site or property, or may alter its setting. C2, C3 11.Impact on Open Space and Recreation The proposed action may result in a loss of recreational opportunities or a NO YES 5 reduction of an open space resource as designated in any adopted municipal open space plan. (See Part 1. C.2.c, E.1.c., E.2.q.) If “Yes”, answer questions a - e. If “No”, go to Section 12. Relevant No, or Moderate Part I small to large Question(s) impact impact may may occur occur D2e, E1b a.The proposed action may result in an impairment of natural functions, or “ecosystem E2h, services”, provided by an undeveloped area, including but not limited to stormwater E2m, E2o, storage, nutrient cycling, wildlife habitat. E2n, E2p C2a, E1c, b.The proposed action may result in the loss of a current or future recreational resource. C2c, E2q C2a, C2c c.The proposed action may eliminate open space or recreational resource in an area E1c, E2q with few such resources. C2c, E1c d.The proposed action may result in loss of an area now used informally by the community as an open space resource. e.Other impacts: _____________________________________________________ _________________________________________________________________ 12.Impact on Critical Environmental Areas The proposed action may be located within or adjacent to a critical 5 NO YES environmental area (CEA). (See Part 1. E.3.d) If “Yes”, answer questions a - c. If “No”, go to Section 13. Relevant No, or Moderate Part I small to large Question(s) impact impact may may occur occur E3d a.The proposed action may result in a reduction in the quantity of the resource or characteristic which was the basis for designation of the CEA. E3d b.The proposed action may result in a reduction in the quality of the resource or characteristic which was the basis for designation of the CEA. c.Other impacts: ______________________________________________________ __________________________________________________________________ Attachment: FEAF Part 2 CC & COP Zoning Amendments (RES-2021-144 : Adopting Negative Declaration For Local Law “Amending Uses Page7 of 10 Packet Pg. 37 5.1.b 13.Impact on Transportation 5 The proposed action may result in a change to existing transportation systems. NO YES (See Part 1. D.2.j) If “Yes”, answer questions a - . If “No”, go to Section 14. Relevant No, or Moderate Part I small to large Question(s) impact impact may may occur occur D2j a.Projected traffic increase may exceed capacity of existing road network. D2j b.The proposed action may result in the construction of paved parking area for 500 or more vehicles. D2j c.The proposed action will degrade existing transit access. D2j d.The proposed action will degrade existing pedestrian or bicycle accommodations. D2j .The proposed action may alter the present pattern of movement of people or goods. .Other impacts: ______________________________________________________ __________________________________________________________________ 14.Impact on Energy The proposed action may cause an increase in the use of any form of energy. NO YES 5 (See Part 1. D.2.k) If “Yes”, answer questions a - e. If “No”, go to Section 15. Relevant No, or Moderate Part I small to large Question(s) impact impact may may occur occur a.The proposed action will require a new, or an upgrade to an existing, substation.D2k b.The proposed action will require the creation or extension of an energy transmission D1f, or supply system to serve more than 50 single or two-family residences or to serve aD1q, D2k commercial or industrial use. D2k c.The proposed action may utilize more than 2,500 MWhrs per year of electricity. D1g d.The proposed action may involve heating and/or cooling of more than 100,000 square feet of building area when completed. e.Other Impacts: ________________________________________________________ ____________________________________________________________________ 15.Impact on Noise, Odor, and Light The proposed action may result in an increase in noise, odors, or outdoor lighting. NO YES 5 (See Part 1. D.2.m., n., and o.) If “Yes”, answer questions a - f. If “No”, go to Section 16. Relevant No, or Moderate Part I small to large Question(s) impact impact may may occur occur D2m a.The proposed action may produce sound above noise levels established by local regulation. D2m, E1d b.The proposed action may result in blasting within 1,500 feet of any residence, hospital, school, licensed day care center, or nursing home. c.The proposed action may result in routine odors for more than one hour per day.D2o Attachment: FEAF Part 2 CC & COP Zoning Amendments (RES-2021-144 : Adopting Negative Declaration For Local Law “Amending Uses Page8 of 10 Packet Pg. 38 5.1.b D2n d.The proposed action may result in light shining onto adjoining properties. D2n, E1a e.The proposed action may result in lighting creating sky-glow brighter than existing area conditions. f.Other impacts: ______________________________________________________ __________________________________________________________________ 16.Impact on Human Health The proposed action may have an impact on human health from exposure 5 NO YES to new or existing sources of contaminants. (See Part 1.D.2.q., E.1. d. f. g. and h.) If “Yes”, answer questions a - m. If “No”, go to Section 17. Relevant No,or Moderate Part I small to large Question(s) impact impact may may cccur occur a.The proposed action is located within 1500 feet of a school, hospital, licensed dayE1d care center, group home, nursing home or retirement community. E1g, E1h b.The site of the proposed action is currently undergoing remediation. E1g, E1h c.There is a completed emergency spill remediation, or a completed environmental site remediation on, or adjacent to, the site of the proposed action. E1g, E1h d.The site of the actionis subject to an institutional control limiting the use of the property (e.g.easementdeedrestriction) E1g, E1h e.The proposed action may affect institutional control measures that were put in place to ensure that the site remains protective of the environment and human health. D2t f.The proposed action has adequate control measures in place to ensure that future generation, treatment and/or disposal of hazardous wastes will be protective of the environment and human health. D2q, E1f g.The proposed action involves construction or modification of a solid waste management facility. D2q, E1f h.The proposed action may result in the unearthing of solid or hazardous waste. D2r, D2s i.The proposed action may result in an increase in the rate of disposal, or processing, of solid waste. E1f, E1g j.The proposed action may result in excavation or other disturbance within 2000 feet of E1h a site used for the disposal of solid or hazardous waste. E1f, E1g k.The proposed action may result in the migration of explosive gases from a landfill site to adjacent off site structures. D2s, E1f, l.The proposed action may result in the release of contaminated leachate from the D2r project site. m.Other impacts: ______________________________________________________ __________________________________________________________________ Attachment: FEAF Part 2 CC & COP Zoning Amendments (RES-2021-144 : Adopting Negative Declaration For Local Law “Amending Uses Page9 of 10 Packet Pg. 39 5.1.b 17. Consistency with Community Plans The proposed action is not consistent with adopted land use plans. NO YES 5 (See Part 1. C.1, C.2. and C.3.) If “Yes”, answer questions a - h. If “No”, go to Section 18. Relevant No, or Moderate Part I small to large Question(s) impact impact may may occur occur C2, C3, D1a a. The proposed action’s land use components may be different from, or in sharp E1a, E1b contrast to, current surrounding land use pattern(s). C2 b. The proposed action will cause the permanent population of the city, town or village in which the project is located to grow by more than 5%. C2, C2, C3 c. The proposed action is inconsistent with local land use plans or zoning regulations. C2, C2 d. The proposed action is inconsistent with any County plans, or other regional land use plans. C3, D1c, e. The proposed action may cause a change in the density of development that is not D1d, D1f, supported by existing infrastructure or is distant from existing infrastructure. D1d, Elb C4, D2c, D2d f. The proposed action is located in an area characterized by low density development D2j that will require new or expanded public infrastructure. C2a g. The proposed action may induce secondary development impacts (e.g., residential or commercial development not included in the proposed action) h. Other: _____________________________________________________________ __________________________________________________________________ 18. Consistency with Community Character The proposed project is inconsistent with the existing community character. NO YES 5 (See Part 1. C.2, C.3, D.2, E.3) If “Yes”, answer questions a - g. If “No”, proceed to Part 3. Relevant No, or Moderate Part I small to large Question(s) impact impact may may occur occur E3e, E3f, E3g a. The proposed action may replace or eliminate existing facilities, structures, or areas of historic importance to the community. C4 b. The proposed action may create a demand for additional community services (e.g. schools, police and fire) C2, C3, D1f c. The proposed action may displace affordable or low-income housing in an area where D1g, E1a there is a shortage of such housing. C2, E3 d. The proposed action may interfere with the use or enjoyment of officially recognized or designated public resources. C2, C3 e. The proposed action is inconsistent with the predominant architectural scale and character. C2, C3 f. Proposed action is inconsistent with the character of the existing natural landscape. E1a, E1b E2g, E2h g. Other impacts: ______________________________________________________ __________________________________________________________________ Attachment: FEAF Part 2 CC & COP Zoning Amendments (RES-2021-144 : Adopting Negative Declaration For Local Law “Amending Uses QSJOUGVMMGPSN Page10 of 10 Packet Pg. 40 DD'DPQ\[pojohBnfoenfout 5.1.c Opwfncfs26-3132 Full Environmental Assessment Form Part 3 - Evaluation of the Magnitude and Importance of Project Impacts and Determination of Significance Part 3 provides the reasons in support of the determination of significance. The lead agency must complete Part 3 for every question in Part 2 where the impact has been identified as potentially moderate to large or where there is a need to explain why a particular element of the proposed action will not, or may, result in a significant adverse environmental impact. Based on the analysis in Part 3, the lead agency must decide whether to require an environmental impact statement to further assess the proposed action or whether available information is sufficient for the lead agency to conclude that the proposed action will not have a significant adverse environmental impact. By completing the certification on the next page, the lead agency can complete its determination of significance. Reasons Supporting This Determination: To complete this section: Identify the impact based on the Part 2 responses and describe its magnitude. Magnitude considers factors such as severity, size or extent of an impact. Assess the importance of the impact. Importance relates to the geographic scope, duration, probability of the impact occurring, number of people affected by the impact and any additional environmental consequences if the impact were to occur. The assessment should take into consideration any design element or project changes. Repeat this process for each Part 2 question where the impact has been identified as potentially moderate to large or where there is a need to explain why a particular element of the proposed action will not, or may, result in a significant adverse environmental impact. Provide the reason(s) why the impact may, or will not, result in a significant adverse environmental impact For Conditional Negative Declarations identify the specific condition(s) imposed that will modify the proposed action so that no significant adverse environmental impacts will result. Attach additional sheets, as needed. Tffbuubdifeofhbujwfefdmbsbujpo/ Determination of Significance - Type 1 and Unlisted Actions 5 Attachment: FEAF Part 3 CC & COP Zoning Amendments 2021-11-12 (RES-2021-144 : Adopting Negative Declaration For Local Law “Amending SEQR Status: Type 1 Unlisted 555 Identify portions of EAF completed for this Project: Part 1 Part 2 Part 3 Packet Pg. 41 FEAF 2019 5.1.c Upon review of the information recorded on this EAF, as noted, plus this additional support information UifMpdbmMbxtboeJouspevdupszsftpmvujpotboeubcmfpgqspqfsujftjouifDDEjtusjdu/ and considering both the magnitude and importance of each identified potential impact, it is the conclusion of the as lead agency that: 5 A. This project will result in no significant adverse impacts on the environment, and, therefore, an environmental impact statement need not be prepared. Accordingly, this negative declaration is issued. B. Although this project could have a significant adverse impact on the environment, that impact will be avoided or substantially mitigated because of the following conditions which will be required by the lead agency: There will, therefore,beno significant adverse impacts fromthe project as conditioned,and,therefore, thisconditioned negative declarationis issued. A conditionednegative declarationmay be usedonlyforUNLISTED actions(see 6NYCRR 617.d). C.This Project may result in one or more significant adverse impacts on theenvironment,and an environmentalimpact statementmustbeprepared to further assessthe impact(s) and possible mitigation and toexplore alternatives to avoidor reduce those impacts. Accordingly, this positive declaration is issued. Name of Action: BepqujpopgMpdbmMbxBnfoejohVtftvoefsuif\[pojohDpefjouifDpotfswbujpoDpnnfsdjbmEjtusjduboeDpotfswbujpoPggjdfQbsl Name of Lead Agency: UpxopgXbqqjohfsUpxoCpbse Name of Responsible Officer in Lead Agency: SjdibseUivstupo Title of Responsible Officer: UpxoTvqfswjtps Signature of Responsible Officer in Lead Agency: Date: 22.26.3132 Signature of Preparer (if different from Responsible Officer) Date: 22.26.3132 For Further Information: Contact Person: CbscbsbSpcfsuj Address:31NjeemfcvtiSpbe-XbqqjohfstGbmmt-OZ236:1 956.3:8.3855 Telephone Number: E-mail: cspcfsujAupxopgxbqqjohfsoz/vt For Type 1 Actions and Conditioned Negative Declarations, a copy of this Notice is sent to: Chief Executive Officer of the political subdivision in which the action will be principally located (e.g., Town / City / Village of) Other involved agencies (if any) Applicant (if any) Environmental Notice Bulletin: http://www.dec.ny.gov/enb/enb.html QSJOUGVMMGPSN Attachment: FEAF Part 3 CC & COP Zoning Amendments 2021-11-12 (RES-2021-144 : Adopting Negative Declaration For Local Law “Amending Packet Pg. 42 5.1.d State Environmental Quality Review Act NEGATIVE DECLARATION Notice of Determination of Non-Significance Date: November 15, 2021 Name of Action: The Adoption of a Local Law entitled ZONING CODE IN THE CONSERVATION COMMERCIAL DISTRICT AND . Implementing Regulations: This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Conservation Law. Determination: The Wappinger Town Board, as Lead Agency, has determined that the Proposed Action described below will not have a significant adverse effect on the environment and a Draft Environmental Impact Statement will not be prepared. SEQRA Status: Type I Action Conditioned Negative Declaration: No Description of Action: The Proposed Action is the adoption of a Local Law by the Wappinger Town Board which would amend Chapter 240 Zoning by permitting the specially permitted use of self-storage facility within the Conservation Office Park District and permitting single family residences and customary accessory residential uses in the Conservation Commercial District as a principal permitted use. . Location: Town of Wappinger, Dutchess County Reasons Supporting This Determination: The proposed amendments to the Wappinger Town Code do not involve any direct physical changes to the environment. Commercial Warehouses. The proposed amendments will not result in the various chapters being less environmentally restrictive than the current regulations. The Proposed Action is not expected to result in any significant adverse impacts on the environment. More specifically: 1. The Proposed Action does not directly involve construction on, or physical alteration of, any properties. 2. The Proposed Action will not have a significant adverse environmental impact with respect to any unique or unusual landforms. 3. The Proposed Action will not have a significant adverse environmental impact on any wetlands or other surface water bodies. Attachment: Negative Dec 2021-11-15 (002) (RES-2021-144 : Adopting Negative Declaration For Local Law “Amending Uses Under The Zoning Packet Pg. 43 5.1.d 4. The Proposed Action will not have a significant adverse environmental impact with respect to new or additional use of ground water and will not have a significant adverse environmental impact with respect to the introduction of contaminants to ground water or an aquifer. 5. The Proposed Action will not have a significant adverse environmental impact with respect to the development of lands subject to flooding. 6. The Proposed Action will not have a significant adverse environmental impact on any State regulated air emission source. 7. The Proposed Action will not have a significant adverse environmental impact with respect to the loss of flora or fauna. 8. The Proposed Action will not have a significant adverse environmental impact on agricultural resources. 9. The Proposed Action will not have a significant adverse environmental impact on any scenic or aesthetic resources. 10. The Proposed Action will not have a significant adverse environmental impact on any historic or archaeological resources. 11. The Proposed Action will not have a significant adverse environmental impact with respect to the loss of recreational opportunities or with respect to a reduction of an open space resource as designated in any adopted municipal open space plan. 12. The Proposed Action will not have a significant adverse environmental impact on a Critical Environmental Area (CEA). 13. The Proposed Action will not have a significant adverse environmental impact on existing transportation systems. 14. The Proposed Action will not have a significant adverse environmental impact as a result of an increase in the use of any form of energy. 15. The Proposed Action will not have a significant adverse environmental impact as a result of an increase in noise, odors or outdoor lighting. 16. The Proposed Action will not have a significant adverse environmental impact on human health from exposure to new or existing sources of contaminants. 17. The Proposed Action will not have a significant adverse environmental impact as a result of being inconsistent with adopted land use plans. 2 Attachment: Negative Dec 2021-11-15 (002) (RES-2021-144 : Adopting Negative Declaration For Local Law “Amending Uses Under The Zoning Packet Pg. 44 5.1.d 18. The Proposed Action will not have a significant adverse environmental impact as a result of being inconsistent with the existing community character. 19. The Proposed Action will not have a significant adverse environmental impact on the supply of housing in the Town. Conclusion: Based upon this information and the information in the Full Environmental Assessment Form, the Town Board finds that the adoption of the Proposed Local Law will not have any significant adverse impacts upon the environment. This Negative Declaration indicates that no environmental impact statement need be prepared and that the SEQRA process is complete. Lead Agency: Town of Wappinger Town Board Wappinger Town Hall 20 Middlebush Road Wappingers Falls, New York 12590 Contact Person: Joseph P. Paoloni, Town Clerk Wappinger Town Hall 20 Middlebush Road Wappingers Falls, New York 12590 (845) 297-2744 Filing and Publication: This Negative Declaration shall be filed with the Supervisor of the Town of Wappinger and with the Town of Wappinger Town Clerk. Further, this Negative Declaration shall be emailed to enb@dec.ny.gov for publication in the Environmental Notice Bulletin. 3 Attachment: Negative Dec 2021-11-15 (002) (RES-2021-144 : Adopting Negative Declaration For Local Law “Amending Uses Under The Zoning Packet Pg. 45 5.1.e Tax ParcelAddressUseAcresMap 6057-04-7851052079-2085 Route 9DAutobody8.603 6057-04-8191022087 Route 9DAutobody1.053 6358-01-2966271090 Route 376Autoshop (Castle)5.002 6359-03-1760821230 Route 376Church-Site Plan48.93 2 6056-02-7468562026-2036 Route 9DCoffee Shop/Rest11.343 6056-02-7769042048 Route 9DConvenience Store1.503 6157-02-78792326 Myers Corners RdConverted Res1.221 6056-02-7609802070 Route 9DElec Substation11.203 6358-01-3755991058 Route 376SF Residential1.822 6056-02-73080811 Stonykill RdSF Residential0.333 6056-02-7539632059 Route 9DSF Residential0.253 6056-02-7139352047 Route 9DTire Store3.103 6358-01-335700Route 376Utility ROW17.432 6056-02-710720Route 9D RearUtility ROW11.863 6057-04-818043Route 9DUtility ROW (NYSPA)1.343 6056-02-803962Route 9DUtility Vacant7.993 6057-04-833013Route 9D RearUtility Vacant1.463 6057-04-803128Old State RoadUtility Vacant0.703 6157-02-715890Myers Corners RdVacant16.671 6358-01-337829Route 376 RearVacant7.502 6358-01-382775Route 376 RearVacant0.842 6358-01-289747Route 376Vacant33.702 6358-01-372686Route 376Vacant20.302 6056-02-783920Route 9D Vacant5.063 6056-02-738951Route 9DVacant1.603 6056-02-707890Route 9DVacant6.503 Total Land##### Total Vacant Land92.17 92.17 Attachment: Table of CC Properties (RES-2021-144 : Adopting Negative Declaration For Local Law “Amending Uses Under The Zoning Code In Packet Pg. 46 5.2 Town of Wappinger Meeting: 11/15/21 07:00 PM 20 Middlebush Road Department: Town Clerk Wappingers Falls, NY 12590 Category: Local Law Adoption Prepared By: Joseph P. Paoloni D EFEATED Initiator: MinuteTraq Admin Sponsors: RESOLUTION 2021-145 DOC ID: 5689 Resolution Adopting Local Law No. ___ Of The Year 2021 Conservation Commercial District And Conservation Office WHEREAS, a Resolution was duly adopted by the Town Board of the Town of Wappinger CODE IN THE CONSERVATION COMMERCIAL DISTRICT AND CONSERVATION WHEREAS, a Public Hearing was duly advertised in the Southern Dutchess News and the Poughkeepsie Journal as required by law; and WHEREAS, a Public Hearing was held on October 12, 2021 and adjourned to November 15, 2021 and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed Local Law or any part thereof; and WHEREAS, the Town Board determined that the proposed Local Law was a Type I action and issued a negative declaration on November 15, 2021; and WHEREAS, the Town Board of the Town of Wappinger after due deliberation, finds that it is in the best interest of the Town to adopt said Local Law; and WHEREAS, said Local Law has been on the desks of the members of the Town Board of the Town of Wappinger for at least seven (7) days exclusive of Sunday prior to the adoption of this Resolution. NOW, THEREFORE, be it resolved, that the Town Board of the Town of Wappinger hereby CONSERVATION COMMERCIAL DISTRICT AND CONSERVATION OFFICE PARK Resolution; and BE IT FURTHER RESOLVED, that the Town Clerk is directed to enter said Local Law in the minutes of this meeting into the Local Law book for the Town of Wappinger and shall file the Local Law with the Secretary of State of New York as provided by law; and BE IT FURTHER RESOLVED, that this Local Law shall become effective immediately upon filing with the Secretary of State as provided by law. RESULT: DEFEATED \[UNANIMOUS\] MOVER: Al Casella, Councilman SECONDER: Christopher Phillips, Councilman AYES: Thurston, Beale, Bettina, Phillips, Casella Updated: 11/12/2021 2:56 PM by Joseph P. Paoloni Page 1 Packet Pg. 47 5.2.a LOCAL LAW NO._____ OF THE YEAR 2021 BE IT ENACTED by the Town Board of the Town of Wappinger as follows: Section -I: Title: This Local Law shall be known and cited as Zoning Code in the Conservation Commercial District and Conservation Office Park District Section -II: Amendment to Chapter 240 Schedule of Non-Residential Uses The Code of the Town of Wappinger shall be amended by revising the Schedule of Use Regulations, Non-residential District located at 240 Attachment 2 to Chapter 240 (Zoning) by revising the Warehouse and Storage Districts HB HM NB GB CC SC HD COP AI PUD Use Self-Storage rental warehousing on SPU SPU SPU a minimum lot of 2 acres. The Code of the Town of Wappinger shall be amended by revising the Schedule of Use Regulations, Non-residential District located at 240 Attachment 2 to Chapter 240 (Zoning) by revising the Districts HB HM NB GB CC SC HD COP AI PUD Use Home Occupation PA PA 1-family dwellings not to exceed 1 PP PP dwelling on each lot Accessory Apartment (§240-53) PA PA Swimming pools or other accessory PA PA residential facilities for the use of the residents of the premises and their guests (§240-21E) Garden houses, pool houses, PA PA playhouses or greenhouses incidental to the residential use of the premises and not operate for profit, provided that any such structure complies with all yard and setbacks for buildings Attachment: LL Zoning Amendments Uses in CC and COP Corrected (RES-2021-145 : Adopting Local Law Amending Uses in Zoning Codes Packet Pg. 48 5.2.a Section -III: Numbering for Codification: It is the intention of the Town of Wappinger and it is hereby enacted that the provisions of this Local Law shall be included in the Code of the Town of Wappinger; that the sections and sub-sections of this Local Law may be re-numbered or re-lettered to accomplish such intention; such rearranging of the numbering and editing shall not effect the validity of this Local Law or the provisions of the Code effected thereby. Section -IV: Separability: 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 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 application to other persons or circumstances. It is hereby declared to be the legislative intent of the Town Board of the Town of Wappinger 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 become effective immediately upon filing with the Secretary of State as provided by law Municipal Home Rule Law. Attachment: LL Zoning Amendments Uses in CC and COP Corrected (RES-2021-145 : Adopting Local Law Amending Uses in Zoning Codes 2 Packet Pg. 49 5.3 Town of Wappinger Meeting: 11/15/21 07:00 PM 20 Middlebush Road Department: Town Clerk Wappingers Falls, NY 12590 Category: Local Law Intro Prepared By: Joseph P. Paoloni A DOPTED Initiator: MinuteTraq Admin Sponsors: RESOLUTION 2021-146 DOC ID: 5691 Resolution Introducing Local Law No. __ Of 2021 Which Would Amend Chapter 240, Zoning, Chapter 210, Solid Waste, Littering And Storage Of Garbage, And Chapter 217, Subdivision Of Land, Of The Town Code With Respect To A Variety Of Matters WHEREAS, the Town Board is considering the adoption of Local Law No. __ of 2021 which would amend Chapter 240, Zoning, Chapter 210, Solid Waste, Littering and Storage of Garbage, and Chapter 217, Subdivision of Land, of the Town Code with respect to a variety of matters (the ; and WHEREAS, for the purposes of the New York State Environmental Quality Review Act (SEQRA), the Proposed Action is as defined above; and WHEREAS, the Town Board has determined that the Proposed Action is a Type I action pursuant to Article 8 of the Environmental Conservation Law, Part 617 NYCRR (commonly known as "SEQRA"); 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, by default, the Lead Agency for this action; and WHEREAS, a Determination of Significance has not yet been made with respect to the Proposed 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 introduces for consideration of its adoption proposed Local Law No. ___ of 2021 in the form annexed hereto. 3. The Town Board hereby schedules a Public Hearing regarding the adoption of the annexed proposed Local Law No. of 2021 for _____ PM on the ___ day of ________, 2021 and the Town Clerk is hereby directed to post the notice of the Public Hearing in the form annexed hereto and to publish same in the Southern Dutchess News and the Poughkeepsie Journal not less than ten (10) days prior to said Public Hearing date. Updated: 11/12/2021 3:28 PM by Joseph P. Paoloni Page 1 Packet Pg. 50 5.3 Resolution 2021-146 Meeting of November 15, 2021 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 Department of Planning and Development for advisory review in accordance with Section 239 of the New York State 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 prior to said public hearing. RESULT: ADOPTED \[UNANIMOUS\] MOVER: Al Casella, Councilman SECONDER: William H. Beale, Councilman AYES: Thurston, Beale, Bettina, Phillips, Casella Updated: 11/12/2021 3:28 PM by Joseph P. Paoloni Page 2 Packet Pg. 51 5.3.a NEW YORK STATE DEPARTMENT OF STATE Draft: 114- 1019-21 41 STATE STREET ALBANY, NY 12231 Local Law Filing (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 WAPPINGER Local Law No. of the year 2021 A local law Law for the Purpose of Amending Chapter 240, Zoning, Chapter 210, Solid Waste, Littering and Storage of Garbage, and Chapter 217, Subdivision of Land, and Chapter 127, of the Town Code with Respect to a Variety of Matters Be it enacted by the TOWN BOARD of the Town of WAPPINGER as follows: TEXT COMMENCES ON NEXT PAGE Formatted: Justified (If additional space is needed, attach pages the same size as this sheet, and number each.) Attachment: Tracked Changes of Misc code amend LL 11-10-21.mms (RES-2021-146 : Introducing Local Law Amend Chapter 240, Chapter 210, Packet Pg. 52 5.3.a LOCAL LAW No. ___ OF THE YEAR 2021 Formatted: Space After: 0 pt BE IT ENACTED by the Town Board of the Town of Wappinger as follows: Section 1. Title Formatted: Indent: Left: 0",Space After: 0 pt This Local Law shall be known and ci, for the Purpose of Amending Chapter 240, Zoning, Chapter 210, Solid Waste, and Chapter 217, Subdivision of Land, and Chapter 127, Fires, of the Town Code with Respect to a Variety of Matters Formatted: Space After: 0 pt Section 2. Legislative Intent Formatted: Space After: 0 pt The Town Board believes that it is reasonable and appropriate to amend Chapter 240, Zoning, Chapter 210, Solid Waste, and Chapter 217, Subdivision of Land, and Chapter 127, Fires, of the Town Code with respect to a variety of matters. This local law is determined to be an exercise of the police powers of the Town to protect the public health, safety and welfare of its residents. Formatted: Space After: 0 pt Section 3. Amendments to Chapter 240, Zoning 1. A new Section 240-55.G shall be added and shall read as follows: G.All farm animals shall be enclosed with fencing which is of such design so as to keep all animals contained within the fenced enclosure. 2. Section 240-36.4 shall be amended to read as follows: § 240-36.4 Outdoor storage. In the residential zoning districts, the outdoor storage of lawn-mowing and yard equipment, tractors, materials, debris, garbage and refuse, whether contained or not, is prohibited between the dwelling and any street line, except that garbage and refuse if properly contained in authorized private receptacles pursuant to §§ 210-12 and 210-14C of this Code are permitted along the street line, but only on days in which such garbage and refuse is collected. Exempt from this prohibition are seasonal decorations, lawn ornaments, picnic/patio/lawn tables and chairs, swing sets and customary lawn games. Swing sets shall not be permitted between the dwelling and any street line. 2 Attachment: Tracked Changes of Misc code amend LL 11-10-21.mms (RES-2021-146 : Introducing Local Law Amend Chapter 240, Chapter 210, Packet Pg. 53 5.3.a 3. Section 240-23 shall be amended to read as follows: § 240-23 Exterior lighting. A. Intent and purpose. The intent and purpose of this section is to provide standards for outdoor lighting in order to maintain and protect the scenic and aesthetic character of the Town; to encourage conservation of energy while providing safety, utility and security; to minimize glare; to avoid impacts on and to protect the privacy of nearby residences; to reduce atmospheric light pollution; to ensure that development fits into its surroundings rather than being superimposed upon the existing environment; and to enhance the Town's nighttime ambience and character. The following standards shall apply to all of the zoning districts in the Town. B. All exterior lighting. All exterior lighting in connection with all buildings, signs or other uses shall be directed away from adjoining streets and properties, and shall have such shielding as will prevent unreasonable or not cause any objectionable glare observable from such streets or properties. C. ATM lighting. Unless accessory to a bank, all ATM banking machines shall be installed indoors so that the New York State ATM Safety Act design requirements shall not be applicable. The Planning Board remains responsible for ensuring that outdoor ATM banking machines accessory to a bank do not cause glare or other unwanted light spillage affecting residential areas and uses. D. Hours of lighting. Hours of lighting may be limited by the Planning Board in acting on any site development plan. All nonessential lighting shall be turned off after business hours, leaving only the necessary lighting for site security, which shall be reduced to the minimum level necessary. "Nonessential lighting" applies to display, aesthetic, parking and sign lighting. Motion-sensor security lighting may be used to promote safety and reduce the amount of night lighting in the Town, as determined by the Planning Board. E. Intensity of lighting. No use shall produce glare so as to cause illumination beyond the property on which it is located in excess of 0.00.5 footcandles or lumens at the property line. Parking lots shall have an average lighting level at or below one footcandle. High-security areas shall have lighting levels of no more than five footcandles, and two to five footcandles is the suitable range. Footcandle levels greater that 5.0 are considered excessive and shall be avoided. F. Pole heights. In all districts, the maximum pole height for any exterior light fixture Formatted: Indent: Left: 0.5", Hanging: 0.5" shall not exceed 15 feet as measured from the ground 3 Attachment: Tracked Changes of Misc code amend LL 11-10-21.mms (RES-2021-146 : Introducing Local Law Amend Chapter 240, Chapter 210, Packet Pg. 54 5.3.a G.Lighting plan specifications. A photometric lighting plan shall be provided for all proposed lighting or for the retro-fitting of existing light fixtures with Light Emitting Diode (LED) fixtures. The photometric plan shall provide specifications for all lighting proposed. The color temperature of all LED lighting shall be 3,000 Kelvin (K) or less. The lighting specifications shall also include Backlight, Uplight and Glare (BUG) ratings for all proposed fixtures. H. Adjustment of lighting levels. The Planning Board may require that dimmers be umination of the site if the Zoning Administrator finds that the site is not in compliance with its approved site plan and/or is otherwise inconsistent with the intent, purposes or other standards of this section. Formatted: Indent: Left: 0",First line: 0" I. Gas stations. The standards contained in this section shall apply to all uses in the Formatted: Indent: Left: 0.5", Hanging: 0.5" Town, including gas stations. In approving a lighting plan for a gas station, the Planning Board shall take into account the context of the gas station and its relationship to all residential development which has a view of the gas stationin order to reasonably minimize adverse visual impact of the gas station on said residential development. The Planning Board shall also consider the type of road which the gas station is located on (for example a highway versus a local road) when determining the appropriate lighting level of the gas station.Island canopy ceiling fixtures shall be recessed into the canopy ceiling so that the bottom of the fixture is flush with the ceiling. Any illuminated part of the canopy other than the underside lighting shall be considered to be part of the total amount of permitted site signage. J. Prohibitions. The following forms of lighting are prohibited: (1) Uplighting is prohibited, with the exception of flags, as defined herein. Formatted: Font color: Auto Externally lit signs, displays, buildings, structures, streets, parking areas, Field Code Changed recreational areas, landscaping and other objects lit for aesthetic or other purposes shall be lit from the top and shine downward. Field Code Changed Formatted: Font color: Auto (2) Roof-mounted area lighting. Formatted: Font color: Auto Field Code Changed (3) Laser lighting for outdoor advertising or entertainment. Field Code Changed Formatted: Font color: Auto (4) The use of and the operation of searchlights for advertising purposes. Field Code Changed (5) Floodlights and unshielded wallpack-type fixtures. Formatted: Font color: Auto Field Code Changed (6) Neon roping or trimming. Formatted: Font color: Auto 4 Attachment: Tracked Changes of Misc code amend LL 11-10-21.mms (RES-2021-146 : Introducing Local Law Amend Chapter 240, Chapter 210, Packet Pg. 55 5.3.a K. Maintenance. Lighting fixtures shall be maintained so that they always meet the requirements of this section. L. Waivers. The Planning Board may waive the lighting requirements of § 240-23 in Formatted: Indent: Left: 0.5", Hanging: 0.5" cases where the Planning Board determines that better site design or safety can be achieved with lighting that does not comply with Section said section. 4. Section 240-30.B shall be revised to read as follows: B. No more than two accessory buildings shall be permitted in any 1-Family Residence District. No such accessory building shall have a footprint greater than 600 square feet nor a height in excess of 20 feet, except that for lots of 40,000 square feet or larger, one of the two accessory buildings may exceed 600 square feet to a maximum of 1,200 square feet in accordance with the following table:. Maximum Size ofOne Lot Size (at least) Accessory Building (sq. ft.) 40,000 sq. ft. 800 80,000 sq. ft. 900 Formatted: Indent: Left: 1",First line: 0.5" 3 acres 1,000 4 acres 1,100 5 acres 1,200 5. A new section 240-96.I shall be added and shall read as follows: I. Electric vehicle charging stations. In addition to the number of parking and loading Formatted: Font: Not Bold spaces required by this article, all uses having a parking requirement of 30 or more spacesshall have an area improved or reserved for electric vehicle charging stations equal to at least an additional 10% of the required number of parking spaces. Until improved as charging station parking, such reserved area shall comply with Section 240-96.F of this article. Also in the case of reserved spaces, electrical wiring shall be installed at the time of the initial improvement of the parking area for the eventual installation of the charging stations. In the case of an existing parking area where an area for charging stations has not been previously approved, the installation of charging stations shall only be permitted if the number of parking and loading spaces required by this article can be provided in addition to the spaces allotted for the charging stations. The spaces allocated for charging stations shall be clearly identified for such with appropriate signage. Formatted: Font: Not Bold 6. Section 240-21.F shall be revised to read as follows: 5 Attachment: Tracked Changes of Misc code amend LL 11-10-21.mms (RES-2021-146 : Introducing Local Law Amend Chapter 240, Chapter 210, Packet Pg. 56 5.3.a F. Fences, walls and retaining walls. (1) In the residential zoning districts, the maximum height of any fence, wall or retaining wall is six feet in height, except that fences, walls and retaining walls along street frontages shall not exceed four feet in height, and except as otherwise set forth in this section. No fence shall be erected in such location or manner as to obstruct adequate sight distances for drivers, bicyclists or pedestrians. Fences shall generally be set back 12 feet from the front property line or edge of roadway pavement; however, the placement and height of the fence shall be at the sole discretion of the Zoning Administrator based upon safety concerns for drivers, bicyclists and pedestrians. Such placement and height shall also be subject to § 217-25.E of this chapter. (2) In the nonresidential zoning districts the Planning Board may allow a fence in excess of six feet but not exceeding 12 feet above adjoining grade, provided that the Board finds such fence necessary and appropriate for safety and/or security purposes. Any fence exceeding six feet in height shall be designed by a licensed professional engineer, architect or landscape architect. A building permit shall be required for the construction of such fence, and a certificate of compliance or certificate of occupancy, as applicable, shall be issued upon completion of the fence and submission to the Town of a certification by said licensed professional that the fence was constructed in accordance with said professional's design. (3) All walls and retaining walls which are four feet in height or higher shall be designed by a licensed professional engineer, architect or landscape architect. A building permit shall be required for the construction of such wall or retaining wall, and a certificate of compliance or certificate of occupancy, as applicable, shall be issued upon completion of the wall or retaining wall and submission to the Town of a certification by said licensed professional that the wall or retaining wall was constructed in accordance with said professional's design. Section 5. Amendments to Chapter 210, Solid Waste Section 210-14.C shall be amended to read as follows: C. Required number and type of receptacles. Every person who is an owner, lessee or Formatted: Indent: Left: 0.5" occupant of any residence, building, premises or place of business within the Town shall provide or cause to be provided and at all times keep suitable and sufficient 6 Attachment: Tracked Changes of Misc code amend LL 11-10-21.mms (RES-2021-146 : Introducing Local Law Amend Chapter 240, Chapter 210, Packet Pg. 57 5.3.a authorized private receptacles for receiving and containing garbage or refuse that may accumulate or be used upon said premises. No such receptacle shall be kept near any public place, including roadways, longer than may be necessary for the removal of the contents thereof. Within the same day that receptacles have been emptied by the carter, they shall be relocated and stored no closer than 20 feet from the front lot line or edge of roadway pavement. All receptacles used for the reception of garbage or refuse shall be provided with proper covers, and such receptacles shall at all times be securely closed and watertight. Section 6. Amendments to Chapter 217, Subdivision of Land Section 217-25.E shall be amended to read as follows: E. Sight easements. Sight easements shall be provided across all street corners, outside the street corners, outside the street right-of-way, within the triangular area formed by the nearest edges of street pavement and a straight line between two points at a minimum or 40 feet back from the theoretical intersection of the edge of such pavement prolonged. The easements shall provide that these areas be kept free of anything that would obstruct a clear line of sight, and that the holder of fee title to the abutting streets shall have the right to enter the easement area for the purpose of removing anything obstructing a clear line of sight and for clearing, pruning or regrading so as to maintain a clear line of sight in either direction across such triangular area between an observer's eye 3.5 feet above the pavement surface on one street and an object one foot above the pavement surface on the other. The initial establishment of clear sight lines within the sight easement area shall be the responsibility of the subdivider. Section 7. Amendments to Chapter 127, Fires 1. The following definition in Section 127-2 shall be revised to read as follows: OPEN FIRE/BURNING Any outdoor fire or burning or outdoor smoke-producing process from which air contaminants are emitted directly into the outdoor atmosphere, other than by a fire in stove, oven, furnace or incinerator designed and constructed for the burning of material. The term "open fire" shall not be deemed to include fire in barbecue pits, outdoor candles (citronella, etc.), outdoor fireplaces and wood, gas or charcoal grills designed and used for the purpose of cooking food for human consumption, and shall not include the use of a fire in a fireplace by recognized organizations such as Girl Scouts or Boy Scouts or Fire Department, where such fireplace is used under the constant supervision of responsible officials of such organizations. himineas. 7 Attachment: Tracked Changes of Misc code amend LL 11-10-21.mms (RES-2021-146 : Introducing Local Law Amend Chapter 240, Chapter 210, Packet Pg. 58 5.3.a 2. Section 127-3 shall be revised to read as follows: § 127-3 Open fires prohibited. It shall be unlawful for any person to light, permit or maintain an open fire within the Town of Wappinger for any purpose, other than a recreational fire pit or chiminea which shall be subject to the following provisions. The recreational fire pit or chiminea shall: A. Be no closer than 15 feet from any building, structure, shed, garage, tree, shrub, Formatted: Indent: Left: 0.5", Hanging: 0.5", Space Before: 0 pt, After: 0 pt bush, fence or any other combustible material, and no closer than 10 feet to any lot line. B. Be constructed of a noncombustible material. Formatted: Space Before: 0 pt, After: 0 pt C. Not exceed three feet in diameter or three feet in height except for the venting portion Formatted: Indent: Left: 0.5", Hanging: 0.5", Space Before: 0 pt, After: 0 pt of the device. D. Not be utilized if wind is causing smoke, embers or other burning material to blow Formatted: Indent: Left: 0.5", Hanging: 0.5", Space Before: 0 pt, After: 0 pt toward any building or other flammable materials, or across any lot line.The fire pit or chiminea shall not be operated in any manner which creates a nuisance for neighboring property owners. The fire pit or chiminea shall be extinguished or relocated upon the complaint of any neighboring property owner regarding nuisance smoke, embers, etc. E. Be constantly attended by a responsible person of age 18 or older who shall not be Formatted: Indent: Left: 0.5", Hanging: 0.5", Space Before: 0 pt, After: 0 pt under the influence of an intoxicant. F. Be located near a readily available supply of water, such as a garden hose. Formatted: Space Before: 0 pt, After: 0 pt G.Be limited to one location on any lot. Formatted: Indent: Left: 0",Space Before: 0 pt, After: 0pt H. Only be fueled by wood. By way of illustration but not limitation, the following Formatted: Indent: Left: 0.5", Hanging: 0.5" materials shall not be burned in a recreational fire pit or chiminea: rubbish, garbage, recyclable items, yard waste, trash, any materials made of or coated with rubber, plastic, leather, or petroleum based materials, and flammable or combustible liquids. I. Be allowed only on a noncombustible surface (for example, dirt clear of any vegetation, brick, stone, concrete, etc.) with a diameter twice that of the largest dimension (excluding the venting portion) of the recreational fire pit or chiminea. Section 78. Ratification, Readoption and Confirmation 8 Attachment: Tracked Changes of Misc code amend LL 11-10-21.mms (RES-2021-146 : Introducing Local Law Amend Chapter 240, Chapter 210, Packet Pg. 59 5.3.a Except as specifically modified by the amendments contained herein, the Code of the Town of Wappinger as adopted and amended from time to time thereafter is otherwise to remain in full force and effect and is otherwise ratified, readopted and confirmed. Section 89. Numbering for Codification It is the intention of the Town of Wappinger and it is hereby enacted that the provisions of this Local Law shall be included in the Code of the Town of Wappinger; that the sections and sub-sections of this Local Law may be re-numbered or re-lettered by the Codifier to accomplish such intention; that the Codifier shall make no substantive such rearranging of the numbering and editing shall not affect the validity of this Local Law or the provisions of the Code affected thereby. Section 910. Separability 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 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 application to other persons or circumstances. It is hereby declared to be the legislative intent of the Town Board of the Town of Wappinger 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 1011. Effective Date This Local Law shall take effect immediately upon filing with the Secretary of State as provided by the Municipal Home Rule Law. https://d.docs.live.net/7f22debf506cdb6f/Documents/Misc code amend LL 11-10-21.mms.docxMacintosh HD:Users:davidstolman:Desktop:Misc code amend LL.dhs.docx 9 Attachment: Tracked Changes of Misc code amend LL 11-10-21.mms (RES-2021-146 : Introducing Local Law Amend Chapter 240, Chapter 210, Packet Pg. 60 5.3.b NOTICE OF PUBLIC HEARING AMENDMENT OF THE TOWN CODE TOWN OF WAPPINGER, NEW YORK NOTICE IS HEREBY GIVEN that the Town Board of the Town of Wappinger will conduct a Public Hearing on the _____ day of _______________ 2021, at ______ PM at the Town Hall, 20 Middlebush 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 should adopt Local Law No. of 2021 which would amend Chapter 240, Zoning, Chapter 210, Solid Waste, Littering and Storage of Garbage, and Chapter 217, Subdivision of Land, of the Town Code with Respect to a Variety of Matters. PLEASE TAKE FURTHER NOTICE that the Town Board has reserved its right to make its Determination of Significance pursuant to SEQRA at the conclusion of the Public Hearing to be held on the adoption of the proposed Local Law. PLEASE TAKE FURTHER NOTICE that the full text of the proposed Local Law will be available for review and inspection at the office of the Town Clerk on weekdays from 8:30 AM to 4:00 PM. DATED: ________________, 2021 BY ORDER OF THE TOWN BOARD OF THE TOWN OF WAPPINGER __________________________ JOSEPH P. PAOLONI Town Clerk Town of Wappinger https://d.docs.live.net/7f22debf506cdb6f/documents/misc code ll ph notice.mms.doc Attachment: misc code LL ph notice.mms (RES-2021-146 : Introducing Local Law Amend Chapter 240, Chapter 210, Chapter 217 of Zoning) Packet Pg. 61 5.4 Town of Wappinger Meeting: 11/15/21 07:00 PM 20 Middlebush Road Department: Town Clerk Wappingers Falls, NY 12590 Category: Local Law Intro Prepared By: Joseph P. Paoloni A DOPTED Initiator: MinuteTraq Admin Sponsors: RESOLUTION 2021-147 DOC ID: 5686 Pursuant to Cannabis Law §131 Opting Out of Licensing and Establishing On-Site Cannabis Consumption Premises within WHEREAS, pursuant to Cannabis Law § 131, the Town of Wappinger desires to opt-out of hosting on-site cannabis consumption establishments within the boundaries of the Town outside of the Village; and WHEREAS, the Town Board has determined that the proposed adoption of the aforementioned Local Law is a Type I action pursuant to 6 NYCRR § 617.4(b)(2) and it is the only agency having approval jurisdiction over the action therefore it is established as the lead agency; BE IT RESOLVED, that the Town Board hereby introduces for consideration of its adoption Cannabis Law §131 Opting Out of Licensing and Establishing On-Site Cannabis Consumption nnexed hereto; and BE IT FURTHER RESOLVED, that the Town Board hereby schedules a Public Hearing regarding the proposed adoption of the annexed Local Law for 7:00 P.M., on the 13th day of December, 2021, to be held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York, and the Town Clerk is directed to post the Notice of Public Hearing in the form annexed hereto and to publish same in the newspaper not less than ten (10) days nor more than twenty (20) days prior to the Public Hearing as required by law; and BE IT FURTHER RESOLVED, that pursuant to Cannabis Law §131 this Local Law is subject to a permissive referendum. RESULT: ADOPTED \[UNANIMOUS\] MOVER: Christopher Phillips, Councilman SECONDER: Al Casella, Councilman AYES: Thurston, Beale, Bettina, Phillips, Casella Updated: 11/12/2021 1:16 PM by Joseph P. Paoloni Page 1 Packet Pg. 62 5.4.a Full Environmental Assessment Form Part 1 - Project and Setting Instructions for Completing Part 1 Part 1 is to be completed by the applicant orproject sponsor. Responses become part of the applicationfor approval or funding, are subject topublicreview, and may be subject to further verification. Complete Part 1basedon information currently available. If additional research or investigation would beneeded to fully respond to any item, please answer as thoroughly aspossible basedoncurrent information; indicatewhether missing informationdoesnot exist, or is notreasonably available to the sponsor;and,whenpossible, generally describeworkor studieswhichwould be necessaryto updateor fully developthat information. Applicants/sponsors must complete all items in SectionsA & B. InSectionsC, D & E,most items contain an initial question that must be answered either“Yes”or “No”.If the answer tothe initial question is“Yes”, complete the sub-questions thatfollow. If the answer to the initial question is “No”,proceedto thenextquestion.Section F allows the project sponsor to identify and attach any additional information. Section G requires thename and signatureof theproject sponsor toverify that the information contained inPart1is accurate and complete. A.Project and SponsorInformation. Name of Action or Project: PqujohPvupgDboobcjtEjtqfotbsjftboePo.TjufDpotvnqujpoQsfnjtftjouifUpxopgXbqqjohfsvoefsDboobcjtMbx242 Project Location (describe, and attach a general location map): UpxopgXbqqjohfspvutjefpguifWjmmbhfpgXbqqjohfstGbmmt Brief Description of Proposed Action (include purpose or need): OZDboobcjtMbxTfdujpo242qfsnjutbnvojdjqbmjuzuppqupvupgqfsnjuujohDboobcjtEjtqfotbsjftboePo.TjufDpotvnqujpoQsfnjtftjouifUpxopg Xbqqjohfspvutjefpgbozwjmmbhft/UijtbdujpojtuifbepqujpopguxpMpdbmMbxtczuifUpxojobddpsebodfxjuiuifqspwjtjpotpgOZDboobcjtMbx Tfdujpo242uppqupvu/Pofmbxjtgpspqujohpvupgdboobcjtejtqfotbsjftboeuifpuifsjtgpspqujohpvugpspoqsfnjtftdpotvnqujpoqsfnjtft/BozMpdbm Mbxbepqufejujttvckfduupqfsnjttjwfsfgfsfoevn/ Name of Applicant/Sponsor: Telephone: 956.3:8.3855 UpxopgXbqqjohfs E-Mail: suivstupoAupxopgxbqqjohfsoz/hpw Address: 31NjeemfcvtiSpbe City/PO: State:Zip Code: XbqqjohfstGbmmt OZ236:1 Project Contact (if not same as sponsor; give name and title/role): Telephone: E-Mail: Address: City/PO:State: ZipCode: Property Owner (if not same as sponsor): Telephone: E-Mail: Address: City/PO:State: ZipCode: Attachment: Cannabis Law FEAF Part 1 (RES-2021-147 : Introducing Local Law Opting Out of Licensing & Establishing On-Site Cannabis Page 1 of 13 FEAF 2019 Packet Pg. 63 5.4.a B.Government Approvals B.Government Approvals Funding, orSponsorship.(“Funding” includesgrants, loans, taxrelief,and anyotherforms of financial assistance.) Government Entity If Yes: Identify Agency and Approval(s) Application Date Required (Actual or projected) a.CityTown,5 Yes No Opwfncfs26-3132 BepqujpopgMpdbmMbx or Village Board of Trustees b.City, Town or Village Yes No Planning Board or Commission c.City Townor Yes No Village Zoning Board of Appeals d.Other local agencies Yes No e.County agencies Yes No f.Regional agencies Yes No g. State agencies Yes No h.Federal agencies Yes No i.Coastal Resources. i.Is theproject site withinaCoastal Area, or the waterfront area ofa DesignatedInland Waterway?5 Yes No 5 ii.Is theproject site locatedin a community with anapproved LocalWaterfront Revitalization Program? Yes No iii.Is the project site within a Coastal Erosion Hazard Area? Yes No 5 C.Planning and Zoning C.1. Planning and zoning actions. Will administrative or legislative adoption, or amendment of a plan, local law, ordinance, rule or regulation be the Yes No 5 only approval(s) which must be granted to enable the proposed action to proceed? If Yes, complete sections C, F and G. If No, proceed to question C.2 and complete all remaining sections and questions in Part 1 C.2. Adopted land use plans. 5 a.Do any municipally- adopted (city, town, village or county) comprehensive land use plan(s) include the site Yes No where the proposed action would be located? 5 If Yes, does the comprehensive plan include specific recommendations for the site where the proposed action Yes No would be located? b.Is the siteof theproposed actionwithin anylocal orregional special planning district(for example:Greenway Yes No 5 Brownfield Opportunity Area (BOA); designated State or Federal heritage area; watershed management plan; or other?) If Yes, identify the plan(s): _______________________________________________________________________________________________________ HsffoxbzDpnqbdu ________________________________________________________________________________________________________ ________________________________________________________________________________________________________ c.Is the proposed action located wholly or partially within an area listed in an adopted municipal open space plan, Yes No 5 or an adopted municipal farmland protection plan? If Yes, identify the plan(s): ________________________________________________________________________________________________________ ________________________________________________________________________________________________________ ________________________________________________________________________________________________________ Attachment: Cannabis Law FEAF Part 1 (RES-2021-147 : Introducing Local Law Opting Out of Licensing & Establishing On-Site Cannabis Page 2 of 13 Packet Pg. 64 5.4.a C.3. Zoning a.Is the site of the proposed action located in a municipality with an adopted zoning law or ordinance. Yes No 5 If Yes, what is the zoning classification(s) including any applicable overlay district? _________________________________________________________________________________________________________ Bmmejtusjdut/ _________________________________________________________________________________________________________ b.Is the use permitted or allowed by a special or conditional use permit? Yes No 5 c.Is a zoning change requested as part of the proposed action? Yes 5 No If Yes, i.What is the proposed new zoning for the site? ___________________________________________________________________ C.4. Existing community services. a.In what school district is the project site located? ________________________________________________________________ XbqqjohfstDfousbmTdippmEjtusjdu b.What police or other public protection forces serve the project site? _________________________________________________________________________________________________________ EvudifttDpvouzTifssjgboeOZTQpmjdf/ c.Which fire protection and emergency medical services serve the project site? Difmtfb__________________________________________________________________________________________________________GjsfEjtusjdu-OfxIbncvshGjsfEjtusjdue-IvhitpowjmmfGjsfEjtusjdu-DifmtfbGjsfEjtusjdu/ d.What parks serve the project site? __________________________________________________________________________________________________________ BmmUpxoQbslt __________________________________________________________________________________________________________ D.Project Details D.1. Proposed and Potential Development a.What is the general nature of the proposed action (e.g., residential, industrial, commercial, recreational; if mixed, include all components)? _________________________________________________________________________________________________________ b.a. Total acreage of the site of the proposed action?_____________ acres b.Total acreage to be physically disturbed?_____________ acres c.Total acreage (project site and any contiguous properties) owned or controlled by the applicant or project sponsor?_____________ acres c.Is the proposed action an expansion of an existing project or use? Yes No i.If Yes, what is the approximate percentage of the proposed expansion and identify the units (e.g., acres, miles, housing units, square feet)? % ____________________ Units: ____________________ d.Is the proposed action a subdivision, or does it include a subdivision? Yes No If Yes, i.Purpose or type of subdivision? (e.g., residential, industrial, commercial; if mixed, specify types) ________________________________________________________________________________________________________ ii. Is a cluster/conservation layout proposed? Yes No iii.Number of lots proposed? ________ iv.Minimum and maximum proposed lot sizes? Minimum __________ Maximum __________ Willproposed actionbe constructed in multiple phases? Yes No If No, anticipatedperiod of construction: _____ months IfYes: Total numberof phases anticipated _____ Anticipated commencement date ofphase 1(includingdemolition) _____ month _____ year Anticipated completiondateof finalphase _____ month _____year Generally describe connections or relationships among phases, including any contingencies where progress of one phase may determine timing or duration of future phases: _______________________________________________________________ ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ Attachment: Cannabis Law FEAF Part 1 (RES-2021-147 : Introducing Local Law Opting Out of Licensing & Establishing On-Site Cannabis Page 3 of 13 Packet Pg. 65 5.4.a f.Does the project include new residential uses? YesNo If Yes, show numbers of units proposed. One Family Two Family Three Family Multiple Family (four or more) Initial Phase ___________ ___________ ____________ ________________________ At completion of all phases ___________ ___________ ____________ ________________________ g.Does the proposed action include new non-residential construction (including expansions)? Yes No If Yes, i.Total number of structures ___________ ii.Dimensions (in feet) of largest proposed structure: ________height; ________width; and _______ length iii.Approximate extent of building space to be heated or cooled: ______________________ square feet h.Does the proposed action include construction or other activities that will result in the impoundment of any Yes No liquids, such as creation of a water supply, reservoir, pond, lake, waste lagoon or other storage? If Yes, i.Purpose of the impoundment: ________________________________________________________________________________ ii.If a water impoundment, the principal source of the water: Ground water Surface water streams Other specify: _________________________________________________________________________________________________________ iii.If other than water, identify the type of impounded/contained liquids and their source. _________________________________________________________________________________________________________ iv.Approximate size of the proposed impoundment. Volume: ____________ million gallons; surface area: ____________ acres v.Dimensions of the proposed dam or impounding structure: ________ height; _______ length vi.Construction method/materials for the proposed dam or impounding structure (e.g., earth fill, rock, wood, concrete): ________________________________________________________________________________________________________ D.2. Project Operations a.Does the proposed action include any excavation, mining, or dredging, during construction, operations, or both? Yes No (Not including general site preparation, grading or installation of utilities or foundations where all excavated materials will remain onsite) If Yes: i .What is the purpose of the excavation or dredging? _______________________________________________________________ ii.How much material (including rock, earth, sediments, etc.) is proposed to be removed from the site? Volume (specify tons or cubic yards): ____________________________________________ Over what duration of time? ____________________________________________________ iii.Describe nature and characteristics of materials to be excavated or dredged, and plans to use, manage or dispose of them. ________________________________________________________________________________________________________ ________________________________________________________________________________________________________ iv.Will there be onsite dewatering or processing of excavated materials? Yes No If yes, describe. ___________________________________________________________________________________________ ________________________________________________________________________________________________________ v.What is the total area to be dredged or excavated? _____________________________________acres vi.What is the maximum area to be worked at any one time? _______________________________ acres vii.What would be the maximum depth of excavation or dredging? __________________________ feet viii.Will the excavation require blasting? Yes No ix.Summarize site reclamation goals and plan: _____________________________________________________________________ ________________________________________________________________________________________________________ ________________________________________________________________________________________________________ b.Would the proposed action cause or result in alteration of, increase or decrease in size of, or encroachment Yes No into any existing wetland, waterbody, shoreline, beach or adjacent area? If Yes: i.Identify the wetland or waterbody which would be affected (by name, water index number, wetland map number or geographic description): ______________________________________________________________________________________________ _________________________________________________________________________________________________________ Attachment: Cannabis Law FEAF Part 1 (RES-2021-147 : Introducing Local Law Opting Out of Licensing & Establishing On-Site Cannabis Page 4 of 13 Packet Pg. 66 5.4.a ii.Describe how the proposed actionwould affect thatwaterbodyor wetland,e.g. excavation,fill, placement ofstructures, or alterationof channels,banks and shorelines.Indicate extent ofactivities, alterations and additions insquare feetor acres: _________________________________________________________________________________________________________ _________________________________________________________________________________________________________ _________________________________________________________________________________________________________ _________________________________________________________________________________________________________ iii. Willproposed action cause or result in disturbance tobottom sediments?YesNo If Yes,describe:__________________________________________________________________________________________ iv.Willproposed action cause or result in the destruction or removalof aquatic vegetation? Yes No IfYes: to be removed ___________________________________________________________ a ofvegetation proposed acreageof aquatic vegetation remaining after project completion________________________________________ purpose of proposed removal (e.g. beach clearing, invasive species control, boat access): ____________________________ ____________________________________________________________________________________________________ proposed method of plant removal: ________________________________________________________________________ if chemical/herbicide treatment will be used, specify product(s): _________________________________________________ v.Describe any proposed reclamation/mitigation following disturbance: _________________________________________________ _________________________________________________________________________________________________________ c.Will the proposed action use, or create a new demand for water? Yes No If Yes: i.Total anticipated water usage/demand per day: __________________________ gallons/day ii.Will the proposed action obtain water from an existing public water supply? Yes No If Yes: Name of district or service area: _________________________________________________________________________ Does the existing public water supply have capacity to serve the proposal? Yes No Is the project site in the existing district? Yes No Is expansion of the district needed? Yes No Do existing lines serve the project site? Yes No iii.Will line extension within an existing district be necessary to supply the project? Yes No If Yes: Describe extensions or capacity expansions proposed to serve this project: ________________________________________ ____________________________________________________________________________________________________ Source(s) of supply for the district: ________________________________________________________________________ iv.Is a new water supply district or service area proposed to be formed to serve the project site? Yes No If, Yes: Applicant/sponsor for new district: ________________________________________________________________________ Date application submitted or anticipated: __________________________________________________________________ Proposed source(s) of supply for new district: _______________________________________________________________ v.If a public water supply will not be used, describe plans to provide water supply for the project: ___________________________ _________________________________________________________________________________________________________ vi.Ifwater supplywill befromwells (public or private),maximum pumping capacity: _______gallons/minute. d. Will the proposed action generate liquid wastes? Yes No If Yes: i.Total anticipated liquid waste generation per day: _______________ gallons/day ii.Nature of liquid wastes to be generated (e.g., sanitary wastewater, industrial; if combination, describe all components and approximate volumes or proportions of each): __________________________________________________________________ _________________________________________________________________________________________________________ _________________________________________________________________________________________________________ iii.Will the proposed action use any existing public wastewater treatment facilities? Yes No If Yes: Name of wastewater treatment plant to be used: _____________________________________________________________ Name of district: ______________________________________________________________________________________ Does the existing wastewater treatment plant have capacity to serve the project? Yes No Is the project site in the existing district? Yes No Is expansion of the district needed? Yes No Attachment: Cannabis Law FEAF Part 1 (RES-2021-147 : Introducing Local Law Opting Out of Licensing & Establishing On-Site Cannabis Page 5 of 13 Packet Pg. 67 5.4.a Do existingsewer lines serve theproject site? Yes No Willline extensionwithin anexisting districtbenecessary to servetheproject? Yes No If Yes: Describe extensions or capacity expansions proposed to serve this project: ____________________________________ ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ iv.Will a new wastewater (sewage) treatment district be formed to serve the project site? Yes No If Yes: Applicant/sponsor for new district: ____________________________________________________________________ Date application submitted or anticipated: _______________________________________________________________ What is the receiving water for the wastewater discharge? __________________________________________________ v.If public facilities will not be used, describe plans to provide wastewater treatment for the project, including specifying proposed receiving water (name and classification if surfacedischargeordescribesubsurface disposalplans): ________________________________________________________________________________________________________ ________________________________________________________________________________________________________ vi.Describe any plans or designs to capture, recycle or reuse liquid waste: _______________________________________________ ________________________________________________________________________________________________________ ________________________________________________________________________________________________________ e.Will the proposed action disturb more than one acre and create stormwater runoff, either from new point Yes No sources (i.e. ditches, pipes, swales, curbs, gutters or other concentrated flows of stormwater) or non-point source (i.e. sheet flow) during construction or post construction? If Yes: i.How much impervious surface will the project create in relation to total size of project parcel? _____ Square feetor _____ acres (impervious surface) _____ Square feet or _____ acres (parcel size) ii.Describe types of new point sources. __________________________________________________________________________ _________________________________________________________________________________________________________ iii.Where will the stormwater runoff be directed (i.e. on-site stormwater management facility/structures, adjacent properties, groundwater, on-site surface water or off-site surface waters)? ________________________________________________________________________________________________________ ________________________________________________________________________________________________________ If to surface waters, identify receiving water bodies or wetlands: ________________________________________________ ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ Will stormwater runoff flow to adjacent properties? Yes No iv.Doesproposedplan minimize impervious surfaces,usepervious materials or collect and re-use stormwater? Yes No f.Does the proposed action include, or will it use on-site, one or more sources of air emissions, including fuel Yes No combustion, waste incineration, or other processes or operations? If Yes, identify: i.Mobile sources during project operations (e.g., heavy equipment, fleet or delivery vehicles) _________________________________________________________________________________________________________ ii.Stationary sources during construction (e.g., power generation, structural heating, batch plant, crushers) ________________________________________________________________________________________________________ iii.Stationary sources during operations (e.g., process emissions, large boilers, electric generation) ________________________________________________________________________________________________________ g.Will any air emission sources named in D.2.f (above), require a NY State Air Registration, Air Facility Permit, Yes No or Federal Clean Air Act Title IV or Title V Permit? If Yes: i.Is the project site located in an Air quality non-attainment area? (Area routinely or periodically fails to meet Yes No ambient air quality standards for all or some parts of the year) ii.In addition to emissions as calculated in the application, the project will generate: ___________Tons/year ()of CarbonDioxide (CO) 2 ___________Tons/year() of NitrousOxide (N) 2 ___________Tons/year() of Perfluorocarbons (PFCs) ___________Tons/year() of Sulfur Hexafluoride (SF) 6 ___________Tons/year ()of CarbonDioxide equivalent ofHydroflorocarbons (H) ___________Tons/year ()ofHazardous Air Pollutants (HAPs) Attachment: Cannabis Law FEAF Part 1 (RES-2021-147 : Introducing Local Law Opting Out of Licensing & Establishing On-Site Cannabis Page 6 of 13 Packet Pg. 68 5.4.a h.Will the proposed action generate or emit methane (including, but not limited to, sewage treatment plants, Yes No landfills, composting facilities)? If Yes: i.Estimate methane generation in tons/year (metric): ________________________________________________________________ ii.Describe any methane capture, control or elimination measures included in project design (e.g., combustion to generate heat or electricity, flaring): ________________________________________________________________________________________ _________________________________________________________________________________________________________ i.Will the proposed action result in the release of air pollutants from open-air operations or processes, such as Yes No quarry or landfill operations? If Yes: Describe operations and nature of emissions (e.g., diesel exhaust, rock particulates/dust): _________________________________________________________________________________________________________ _________________________________________________________________________________________________________ j.Will the proposed action result in a substantial increase in traffic above present levels or generate substantial Yes No new demand for transportation facilities or services? If Yes: i.When is the peak traffic expected (Check all that apply): Morning Evening Weekend Randomly between hours of __________ to ________. ii.For commercial activities only, projectednumberof truck trips/day Parking spaces:Existing_____________ Proposed___________Netincrease/decrease_____________ v. vi.Arepublic/private transportation service(s)orfacilities availablewithin½ mile of the proposed site? Yes No viiWill theproposedaction include access topublictransportation oraccommodationsfor useofhybrid, electric Yes No or other alternative fueled vehicles? No viii.Will the proposed action include plans for pedestrian or bicycle accommodations for connections to existing Yes pedestrian or bicycle routes? k.Will the proposed action (for commercial or industrial projects only) generate new or additional demand Yes No for energy? If Yes: i.Estimate annual electricity demand during operation of the proposed action: ____________________________________________ _________________________________________________________________________________________________________ ii.Anticipated sources/suppliers of electricity for the project (e.g., on-site combustion, on-site renewable, via grid/local utility, or other): ________________________________________________________________________________________________________ iii.Will the proposed actionrequire anew,or anupgrade to an existing substation? Yes No l.Hours of operation. Answer all items which apply. i. During Construction:ii.During Operations: Monday - Friday: _________________________Monday - Friday: ____________________________ Saturday: ________________________________Saturday: ___________________________________ Sunday: _________________________________Sunday: ____________________________________ Holidays: ________________________________Holidays: ___________________________________ Attachment: Cannabis Law FEAF Part 1 (RES-2021-147 : Introducing Local Law Opting Out of Licensing & Establishing On-Site Cannabis Page 7 of 13 Packet Pg. 69 5.4.a m.Will the proposed action produce noise that will exceed existing ambient noise levels during construction, Yes No operation, or both? If yes: i.Provide details including sources, time of day and duration: _______________________________________________________________________________________________________ _______________________________________________________________________________________________________ ii.Willproposed action remove existing naturalbarriersthat couldact asa noisebarrieror screen? Yes No Describe: _________________________________________________________________________________________________ _________________________________________________________________________________________________________ n.Willtheproposedactionhaveoutdoorlighting? Yes No If yes: Describe source(s), location(s), height of fixture(s), direction/aim, and proximity to nearest occupied structures: i. _________________________________________________________________________________________________________ _________________________________________________________________________________________________________ ii.Will proposed action remove existing natural barriers that could act as a light barrier or screen? Yes No Describe: _________________________________________________________________________________________________ _________________________________________________________________________________________________________ o.Does the proposed action have the potential to produce odors for more than one hour per day? Yes No If Yes, describe possible sources, potential frequency and duration of odor emissions, and proximity to nearest occupied structures: ______________________________________________________________________________________ ________________________________________________________________________________________________________ ________________________________________________________________________________________________________ p.Will theproposed action include any bulkstorageof petroleum (over1,100gallons) Yes No or chemical products? If Yes: Product(s) to be stored ______________________________________________________________________________________ Volume(s)______perunit time___________(e.g., month, year) Generally describeproposed storagefacilities________________________________________________________________ ________________________________________________________________________________________________________ q.Will the proposed action (commercial, industrial and recreational projects only) use pesticides (i.e., herbicides, Yes No insecticides) during construction or operation? If Yes: Describe proposed treatment(s): i. ________________________________________________________________________________________________________ ________________________________________________________________________________________________________ ________________________________________________________________________________________________________ ________________________________________________________________________________________________________ ii.Will the proposed action use Integrated Pest Management Practices? Yes No r.Will the proposed action (commercial or industrial projects only) involve or require the management or disposal Yes No of solid waste (excluding hazardous materials)? If Yes: i.Describe any solid waste(s) to be generated during construction or operation of the facility: Construction: ____________________ tons per ________________ (unit of time) Operation : ____________________ tons per ________________ (unit of time) ii.Describe any proposals for on-site minimization, recycling or reuse of materials to avoid disposal as solid waste: Construction: ________________________________________________________________________________________ ____________________________________________________________________________________________________ Operation: __________________________________________________________________________________________ ____________________________________________________________________________________________________ iii.Proposed disposal methods/facilities for solid waste generated on-site: Construction: ________________________________________________________________________________________ ____________________________________________________________________________________________________ Operation: __________________________________________________________________________________________ ____________________________________________________________________________________________________ Attachment: Cannabis Law FEAF Part 1 (RES-2021-147 : Introducing Local Law Opting Out of Licensing & Establishing On-Site Cannabis Page 8 of 13 Packet Pg. 70 5.4.a s.Does the proposed action include construction or modification of a solid waste management facility? Yes No If Yes: Type of management or handling of waste proposed for the site (e.g., recycling or transfer station, composting, landfill, or i. other disposal activities): ___________________________________________________________________________________ ii.Anticipated rate of disposal/processing: ________ Tons/month, if transfer or other non-combustion/thermal treatment, or ________ Tons/hour, if combustion or thermal treatment iii.If landfill, anticipated site life: ________________________________ years t.Willproposed action at thesite involve the commercial generation, treatment,storage,ordisposalof hazardous Yes No waste? If Yes: i.Name(s) of all hazardous wastes or constituents to be generated, handled or managed at facility: ___________________________ _________________________________________________________________________________________________________ _________________________________________________________________________________________________________ ii.Generally describe processes or activities involving hazardous wastes or constituents: ___________________________________ _________________________________________________________________________________________________________ ________________________________________________________________________________________________________ iii.Specify amount to be handled or generated _____ tons/month iv.Describe any proposals for on-site minimization, recycling or reuse of hazardous constituents: ____________________________ ________________________________________________________________________________________________________ ________________________________________________________________________________________________________ v.Will any hazardous wastes be disposed at an existing offsite hazardous waste facility? Yes No If Yes: provide name and location of facility: _______________________________________________________________________ ________________________________________________________________________________________________________ If No: describe proposed management of any hazardous wastes which will not be sent to a hazardous waste facility: ________________________________________________________________________________________________________ ________________________________________________________________________________________________________ E.Site and Setting of Proposed Action E.1. Land uses on and surrounding the project site a.Existing land uses. i.Check all uses that occur on, adjoining and near the project site. Urban Industrial Commercial Residential (suburban) Rural (non-farm) Forest Agriculture Aquatic Other (specify): ____________________________________ ii.If mix of uses, generally describe: __________________________________________________________________________________________________________ __________________________________________________________________________________________________________ b.Land uses and covertypes on the project site. Land use or Current Acreage After Change Covertype Acreage Project Completion (Acres +/-) Roads, buildings, and other paved or impervious surfaces Forested Meadows, grasslands or brushlands (non- agricultural, including abandoned agricultural) Agricultural (includes active orchards, field, greenhouse etc.) Surface water features (lakes, ponds, streams, rivers, etc.) Wetlands (freshwater or tidal) Non-vegetated (bare rock, earth or fill) Other Describe: _______________________________ ________________________________________ Attachment: Cannabis Law FEAF Part 1 (RES-2021-147 : Introducing Local Law Opting Out of Licensing & Establishing On-Site Cannabis Page 9 of 13 Packet Pg. 71 5.4.a c.Is the project site presently used by members of the community for public recreation? Yes No i.If Yes: explain: __________________________________________________________________________________________ d.Are there any facilities serving children, the elderly, people with disabilities (e.g., schools, hospitals, licensed Yes No day care centers, or group homes) within 1500 feet of the project site? If Yes, i.Identify Facilities: ________________________________________________________________________________________________________ ________________________________________________________________________________________________________ e.Does the project site contain an existing dam? Yes No If Yes: i.Dimensions of the dam and impoundment: Dam height: _________________________________ feet Dam length: _________________________________ feet Surface area: _________________________________ acres Volume impounded: _______________________________ gallons OR acre-feet ii.Dam=s existing hazard classification: _________________________________________________________________________ iii.Provide date and summarize results of last inspection: _______________________________________________________________________________________________________ _______________________________________________________________________________________________________ f.Has the project site ever been used as a municipal, commercial or industrial solid waste management facility, Yes No or does the project site adjoin property which is now, or was at one time, used as a solid waste management facility? If Yes: i. Has the facility been formally closed? Yes No If yes, cite sources/documentation: _______________________________________________________________________ ii.Describe the location of the project site relative to the boundaries of the solid waste management facility: _______________________________________________________________________________________________________ _______________________________________________________________________________________________________ iii.Describe any development constraints due to the prior solid waste activities: __________________________________________ _______________________________________________________________________________________________________ g.Have hazardous wastes been generated, treated and/or disposed of at the site, or does the project site adjoin Yes No property which is now or was at one time used to commercially treat, store and/or dispose of hazardous waste? If Yes: i.Describe waste(s) handled and waste management activities, including approximate time when activities occurred: _______________________________________________________________________________________________________ _______________________________________________________________________________________________________ h.Potential contamination history. Has there been a reported spill at the proposed project site, or have any Yes No remedial actions been conducted at or adjacent to the proposed site? If Yes: i.Is any portion of the site listed on the NYSDEC Spills Incidents database or Environmental Site Yes No Remediation database? Check all that apply: Yes – Spills Incidents database Provide DEC ID number(s): ________________________________ Yes – Environmental Site Remediation database Provide DEC ID number(s): ________________________________ Neither database ii.If site has been subject of RCRA corrective activities, describe control measures:_______________________________________ ________________________________________________________________________________________________________ ________________________________________________________________________________________________________ iii.Is the project within 2000 feet of any site in the NYSDEC Environmental Site Remediation database? Yes No If yes, provide DEC ID number(s): ______________________________________________________________________________ iv.If yes to (i), (ii) or (iii) above, describe current status of site(s): _______________________________________________________________________________________________________ _______________________________________________________________________________________________________ Attachment: Cannabis Law FEAF Part 1 (RES-2021-147 : Introducing Local Law Opting Out of Licensing & Establishing On-Site Cannabis Page 10 of 13 Packet Pg. 72 5.4.a v.Is the project site subject to an institutional control limiting property uses? Yes No If yes, DEC site ID number: ____________________________________________________________________________ Describe the type of institutional control (e.g., deed restriction or easement): ____________________________________ Describe any use limitations: ___________________________________________________________________________ Describe any engineering controls: _______________________________________________________________________ Will the project affect the institutional or engineering controls in place? Yes No Explain: ____________________________________________________________________________________________ ___________________________________________________________________________________________________ ___________________________________________________________________________________________________ E.2. Natural Resources On or Near Project Site a.What is the average depth to bedrock on the project site? ________________ feet b. Are there bedrock outcroppings on the project site? Yes No If Yes, what proportion of the site is comprised of bedrock outcroppings? __________________% c.Predominant soil type(s) present on project site: ___________________________ __________% ___________________________ __________% ____________________________ __________% d.What is the average depth to the water table on the project site? Average: _________ feet e.Drainage status of project site soils: Well Drained:_____%ofite Moderately Well Drained: _____% of site Poorly Drained _____%ofite f.Approximate proportion of proposed action site with slopes: 0-10%:_____% of site 10-15%: _____% of site 15% or greater: _____% of site g.Are there any unique geologic features on the project site? Yes No If Yes, describe: _____________________________________________________________________________________________ ________________________________________________________________________________________________________ h.Surface water features. i.Does any portion of the project site contain wetlands or other waterbodies (including streams, rivers, Yes No ponds or lakes)? ii.Do any wetlands or other waterbodies adjoin the project site? Yes No If Yes to either i or ii, continue. If No, skip to E.2.i. iii.Are any of the wetlands or waterbodies within or adjoining the project site regulated by any federal, Yes No state or local agency? iv.For each identifiedwetland and waterbody on theproject site, providethefollowing information Streams:Name ____________________________________________Classification _______________________ Lakesor Ponds:Name ____________________________________________Classification_______________________ Wetlands:Name ____________________________________________Approximate Size ___________________ Wetland No. (if regulatedbyDEC) _____________________________ v.Are any of the above water bodies listed in the most recent compilation of NYS water quality-impaired Yes No waterbodies? If yes, name of impaired water body/bodies and basis for listing as impaired: _____________________________________________ ___________________________________________________________________________________________________________ i.Is theproject site inadesignatedFloodway? Yes No j.Is theproject site in the100year Floodplain? Yes No k.Is theproject site in the500year Floodplain? Yes No l.Is the project site located over, or immediately adjoining, a primary, principal or sole source aquifer? Yes No If Yes: i.Name of aquifer: _________________________________________________________________________________________ Attachment: Cannabis Law FEAF Part 1 (RES-2021-147 : Introducing Local Law Opting Out of Licensing & Establishing On-Site Cannabis Page 11 of 13 Packet Pg. 73 5.4.a m.Identify the predominant wildlife species that occupy or use the project site: ______________________________ ______________________________ _____________________________________________________________ ______________________________ _____________________________________________________________ n.Does the project site contain a designated significant natural community? Yes No If Yes: i.Describe the habitat/community (composition, function, and basis for designation): _____________________________________ ________________________________________________________________________________________________________ ii.Source(s) of description or evaluation: ________________________________________________________________________ iii.Extent of community/habitat: Currently: ______________________ acres Following completion of project as proposed: _____________________ acres Gain or loss (indicate + or -): ______________________ acres o.Does project site contain any species of plant or animal that is listed by the federal government or NYS as Yes No endangered or threatened, or does it contain any areas identified as habitat for an endangered or threatened species? p.Does the project site contain any species of plant or animal that is listed by NYS as rare, or as a species of Yes No special concern? q.Is the project site or adjoining area currently used for hunting, trapping, fishing or shell fishing? Yes No If yes, give a brief description of how the proposed action may affect that use: ___________________________________________ ________________________________________________________________________________________________________ E.3. Designated Public Resources On or Near Project Site a.Is the project site, or any portion of it, located in a designated agricultural district certified pursuant to Yes No Agriculture and Markets Law, Article 25-AA, Section 303 and 304? If Yes, provide county plus district name/number: _________________________________________________________________ b.Are agricultural lands consisting of highly productive soils present? Yes No i.If Yes: acreage(s) on project site? ___________________________________________________________________________ ii.Source(s) of soil rating(s): _________________________________________________________________________________ c.Does the project site contain all or part of, or is it substantially contiguous to, a registered National Yes No Natural Landmark? If Yes: i.Nature of the natural landmark: Biological Community Geological Feature ii.Provide brief description of landmark, including values behind designation and approximate size/extent: ___________________ ________________________________________________________________________________________________________ ________________________________________________________________________________________________________ d.Is the project site located in or does it adjoin a state listed Critical Environmental Area? Yes No If Yes: i.CEA name: _____________________________________________________________________________________________ ii.Basis for designation: _____________________________________________________________________________________ iii.Designating agency and date: ______________________________________________________________________________ Attachment: Cannabis Law FEAF Part 1 (RES-2021-147 : Introducing Local Law Opting Out of Licensing & Establishing On-Site Cannabis Page 12 of 13 Packet Pg. 74 5.4.a e.Does the project site contain, or is it substantially contiguous to, a building, archaeological site, or district Yes No whichis listedonofHistoricP of Historic Places? If Yes: i.Nature of historic/archaeological resource: Archaeological Site Historic Building or District ii.Name: _________________________________________________________________________________________________ iii.Brief description of attributes on which listing is based: _______________________________________________________________________________________________________ f.Is the project site, or any portion of it, located in or adjacent to an area designated as sensitive for Yes No archaeological sites on the NY State Historic Preservation Office (SHPO) archaeological site inventory? g.Have additional archaeological or historic site(s) or resources been identified on the project site? Yes No If Yes: i.Describe possible resource(s): _______________________________________________________________________________ ii.Basis for identification: ___________________________________________________________________________________ h.theproject siteanyofficially designated and publicly accessible federal, state,or local Yes No scenicor aesthetic resource? If Yes: i.Identify resource: _________________________________________________________________________________________ ii.Nature of, or basis for, designation (e.g., established highway overlook, state or local park, state historic trail or scenic byway, etc.): ___________________________________________________________________________________________________ iii.Distance between project and resource: _____________________ miles. i.Is the project site located within a designated river corridor under the Wild, Scenic and Recreational Rivers Yes No Program 6 NYCRR 666? If Yes: i.Identify the name of the river and its designation: ________________________________________________________________ ii.Is the activity consistent with development restrictions contained in 6NYCRR Part 666? Yes No F.Additional Information Attach any additional information which may be needed to clarify your project. If you have identified any adverse impacts which could be associated with your proposal, please describe those impacts plus any measures which you propose to avoid or minimize them. G.Verification I certify that the information provided is true to the best of my knowledge. Opwfncfs22-3132 Applicant/Sponsor Name ___________________________________ Date_______________________________________ UpxopgXbqqjohfs Tvqfswjtps Signature________________________________________________ Title_______________________________________ Attachment: Cannabis Law FEAF Part 1 (RES-2021-147 : Introducing Local Law Opting Out of Licensing & Establishing On-Site Cannabis QSJOUGPSN Page 13 of 13 Packet Pg. 75 5.4.b Full Environmental Assessment Form DboobcjtPquPvuMpdbmMbxt Part 2 - Identification of Potential Project Impacts Opwfncfs26-3132 Part 2 is to be completed by the lead agency. Part 2 is designed to help the lead agency inventory all potential resources that could be affected by a proposed project or action. We recognize that the lead agency=s reviewer(s) will not necessarily be environmental professionals. So, the questions are designed to walk a reviewer through the assessment process by providing a series of questions that can be answered using the information found in Part 1. To further assist the lead agency in completing Part 2, the form identifies the most relevant questions in Part 1 that will provide the information needed to answer the Part 2 question. When Part 2 is completed, the lead agency will have identified the relevant environmental areas that may be impacted by the proposed activity. If the lead agency is a state agency and the action is in any Coastal Area, complete the Coastal Assessment Form before proceeding with this assessment. Tips for completing Part 2: Review all of the information provided in Part 1. Review any application, maps, supporting materials and the Full EAF Workbook. Answer each of the 18 questions in Part 2. If you answer “Yes” to a numbered question, please complete all the questions that follow in that section. If you answer “No” to a numbered question,move on to the next numbered question. Check appropriate column to indicate the anticipated size of the impact. Proposed projects that would exceed a numeric threshold contained in a question should result in the reviewing agency checking the box “Moderate to large impact may occur.” The reviewer is not expected to be an expert in environmental analysis. If you are not sure or undecided about the size of an impact, it may help to review the sub-questions for the general question and consult the workbook. When answering a question consider all components of the proposed activity, that is, the A whole action @. Consider the possibility for long-term and cumulative impacts as well as direct impacts. Answer the question in a reasonable manner considering the scale and context of the project. 1.Impact on Land Proposed action may involve construction on, or physical alteration of, NO YES 5 the land surface of the proposed site. (See Part 1. D.1) If “Yes”, answer questions a - j. If “No”, move on to Section 2. Relevant No, or Moderate Part I small to large Question(s) impact impact may may occur occur a.The proposed action may involve construction on land where depth to water table is E2d less than 3 feet. E2f b.The proposed action may involve construction on slopes of 15% or greater. E2a c.The proposed action may involve construction on land where bedrock is exposed, or generally within 5 feet of existing ground surface. D2a d.The proposed action may involve the excavation and removal of more than 1,000 tons of natural material. D1e e.The proposed action may involve construction that continues for more than one year or in multiple phases. D2e, D2q f.The proposed action may result in increased erosion, whether from physical disturbance or vegetation removal (including from treatment by herbicides). B1i g.The proposed action is, or may be, located within a Coastal Erosion hazard area. h.Other impacts: _______________________________________________________ ___________________________________________________________________ Attachment: Cannabis Law FEAF Part 2 (RES-2021-147 : Introducing Local Law Opting Out of Licensing & Establishing On-Site Cannabis Page1 of 10 FEAF2019 Packet Pg. 76 5.4.b 2.Impact on Geological Features The proposed action may result in the modification or destruction of, or inhibit access to, any unique or unusual land forms on the site (e.g., cliffs, dunes, NO YES 5 minerals, fossils, caves). (See Part 1. E.2.g) If “Yes”, answer questions a - c. If “No”, move on to Section 3. Relevant No, or Moderate Part I small to large Question(s) impact impact may may occur occur E2g a.Identify the specific land form(s) attached: ________________________________ ___________________________________________________________________ E3c b.The proposed action may affect or is adjacent to a geological feature listed as a registered National Natural Landmark. Specific feature: _____________________________________________________ c.Other impacts: ______________________________________________________ ___________________________________________________________________ 3.Impacts on Surface Water 5 The proposed action may affect one or more wetlands or other surface water NO YES bodies (e.g., streams, rivers, ponds or lakes). (See Part 1. D.2, E.2.h) If “Yes”, answer questions a - l. If “No”, move on to Section 4. Relevant No, or Moderate Part I small to large Question(s) impact impact may may occur occur D2b, D1h a.The proposed action may create a new water body. D2b b.The proposed action may result in an increase or decrease of over 10% or more than a 10 acre increase or decrease in the surface area of any body of water. D2a c.The proposed action may involve dredging more than 100 cubic yards of material from a wetland or water body. E2h d.The proposed action may involve construction within or adjoining a freshwater or tidal wetland, or in the bed or banks of any other water body. D2a, D2h e.The proposed action may create turbidity in a waterbody, either from upland erosion, runoff or by disturbing bottom sediments. D2c f.The proposed action may include construction of one or more intake(s) for withdrawal of water from surface water. D2d g.The proposed action may include construction of one or more outfall(s) for discharge of wastewater to surface water(s). D2e h.The proposed action may cause soil erosion, or otherwise create a source of stormwater discharge that may lead to siltation or other degradation of receiving water bodies. E2h i.The proposed action may affect the water quality of any water bodies within or downstream of the site of the proposed action. D2q, E2h j.The proposed action may involve the application of pesticides or herbicides in or around any water body. k.The proposed action may require the construction of new, or expansion of existing, D1a, D2d wastewater treatment facilities. Attachment: Cannabis Law FEAF Part 2 (RES-2021-147 : Introducing Local Law Opting Out of Licensing & Establishing On-Site Cannabis Page2 of 10 Packet Pg. 77 5.4.b l.Other impacts: _______________________________________________________ ___________________________________________________________________ 4.Impact on groundwater 5 The proposed action may result in new or additional use of ground water, or NO YES may have the potential to introduce contaminants to ground water or an aquifer. (See Part 1. D.2.a, D.2.c, D.2.d, D.2.p, D.2.q, D.2.t) If “Yes”, answer questions a - h. If “No”, move on to Section 5. Relevant No, or Moderate Part I small to large Question(s) impact impact may may occur occur D2c a.The proposed action may require new water supply wells, or create additional demand on supplies from existing water supply wells. D2c b.Water supply demand from the proposed action may exceed safe and sustainable withdrawal capacity rate of the local supply or aquifer. Cite Source: ________________________________________________________ c.The proposed action may allow or result in residential uses in areas without water andD1a, D2c sewer services. D2d, E2l d.The proposed action may include or require wastewater discharged to groundwater. e.The proposed action may result in the construction of water supply wells in locationsD2c, E1f, where groundwater is, or is suspected to be, contaminated.E1g, E1h D2p, E2l f.The proposed action may require the bulk storage of petroleum or chemical products over ground water or an aquifer. E2h, D2q, g.The proposed action may involve the commercial application of pesticides within 100 E2l, D2c feet of potable drinking water or irrigation sources. h.Other impacts: ______________________________________________________ __________________________________________________________________ 5.Impact on Flooding The proposed action may result in development on lands subject to flooding.5 NO YES (See Part 1. E.2) If “Yes”, answer questions a - g. If “No”, move on to Section 6. Relevant No, or Moderate Part I small to large Question(s) impact impact may may occur occur E2i a.The proposed action may result in development in a designated floodway. E2j b.The proposed action may result in development within a 100 year floodplain. E2k c.The proposed action may result in development within a 500 year floodplain. D2b, D2e d.The proposed action may result in, or require, modification of existing drainage patterns. D2b, E2i, e.The proposed action may change flood water flows that contribute to flooding. E2j, E2k E1e f.If there is adam locatedon the siteof theproposed action, dam Attachment: Cannabis Law FEAF Part 2 (RES-2021-147 : Introducing Local Law Opting Out of Licensing & Establishing On-Site Cannabis Page3 of 10 Packet Pg. 78 5.4.b g.Other impacts: ______________________________________________________ ___________________________________________________________________ 6.Impacts on Air The proposedaction mayinclude a stateregulated air emission source. NO YES 5 (See Part 1. D.2.f., D2hD.2.g) If “Yes”, answer questionsa - f. If “No”, move ontoSection7. Relevant No, or Moderate Part I small to large Question(s) impact impact may may occur occur a.If the proposed action requires federal or state air emission permits, the action may also emit one or more greenhouse gases at or above the following levels: D2g i.More than 1000 tons/year of carbon dioxide (CO) 2 D2g ii.More than 3.5 tons/year ofnitrousoxide (N) 2 D2g iii.More than 1000 tons/year of carbon equivalent of perfluorocarbons (PFCs) D2g iv.More than .045 tons/year of sulfur hexafluoride (SF) 6 D2g v.More than 1000 tons/year of carbon dioxide equivalent of hydrochloroflurocarbons (HFCs)emissions D2h vi.43 tons/year or more of methane D2g b.The proposed action may generate 10 tons/year or more of any one designated hazardous air pollutant, or 25 tons/year or more of any combination of such hazardous air pollutants. c.The proposed action may require a state air registration, or may produce an emissions D2f, D2g rate of total contaminants that may exceed 5 lbs. per hour, or may include a heat source capable of producing more than 10 million BTU=s per hour. D d.Theproposedaction may reach 50%of any of the thresholds in “a”through “c”, above. D2s e.The proposed action may result in the combustion or thermal treatment of more than 1 ton of refuse per hour. f.Other impacts: ______________________________________________________ __________________________________________________________________ 7.Impact on Plants and Animals The proposed action may result in a loss of flora or fauna. (See Part 1. E.2. m.-q.) NO YES 5 If “Yes”, answer questions a - j. If “No”, move on to Section 8. Relevant No, or Moderate Part I small to large Question(s)impact impact may may occur occur E2o a.The proposed action may cause reduction in population or loss of individuals of any threatened or endangered species, as listed by New York State or the Federal government, that use the site, or are found on, over, or near the site. E2o b.The proposed action may result in a reduction or degradation of any habitat used by any rare, threatened or endangered species, as listed by New York State or the federal government. E2p c.The proposed action may cause reduction in population, or loss of individuals, of any species of special concern or conservation need, as listed by New York State or the Federal government, that use the site, or are found on, over, or near the site. E2p d.The proposed action may result in a reduction or degradation of any habitat used by any species of special concern and conservation need, as listed by New York State or the Federal government. Attachment: Cannabis Law FEAF Part 2 (RES-2021-147 : Introducing Local Law Opting Out of Licensing & Establishing On-Site Cannabis Page4 of 10 Packet Pg. 79 5.4.b E3c e.The proposed action may diminish the capacity of a registered National Natural Landmark to support the biological community it was established to protect. E2n f.The proposed action may result in the removal of, or ground disturbance in, any portion of a designated significant natural community. Source: ____________________________________________________________ g.The proposed action may substantially interfere with nesting/breeding, foraging, or E2m over-wintering habitat for the predominant species that occupy or use the project site. h.The proposed action requires the conversion of more than 10 acres of forest, E1b grassland or any other regionally or locally important habitat. Habitat type & information source: ______________________________________ __________________________________________________________________ D2q i.Proposed action (commercial, industrial or recreational projects, only) involves use of herbicides or pesticides. j.Other impacts: ______________________________________________________ __________________________________________________________________ 8.Impact on Agricultural Resources 5 The proposed action may impact agricultural resources. (See Part 1. E.3.a. and b.) NO YES If “Yes”, answer questions a - h. If “No”, move on to Section 9. Relevant No, or Moderate Part I small to large Question(s) impact impact may may occur occur a.The proposed action may impact soil classified within soil group 1 through 4 of theE2c, E3b NYS Land Classification System. E1a, Elb b.The proposed action may sever, cross or otherwise limit access to agricultural land (includes cropland, hayfields, pasture, vineyard, orchard, etc). E3b c.The proposed action may result in the excavation or compaction of the soil profile of active agricultural land. E1b, E3a d.The proposed action may irreversibly convert agricultural land to non-agricultural uses, either more than 2.5 acres if located in an Agricultural District, or more than 10 acres if not within an Agricultural District. El a, E1b e.The proposed action may disrupt or prevent installation of an agricultural land management system. C2c, C3, f.The proposed action may result, directly or indirectly, in increased development D2c, D2d potential or pressure on farmland. C2c g.The proposed project is not consistent with the adopted municipal Farmland Protection Plan. h.Other impacts: ________________________________________________________ Attachment: Cannabis Law FEAF Part 2 (RES-2021-147 : Introducing Local Law Opting Out of Licensing & Establishing On-Site Cannabis Page5 of 10 Packet Pg. 80 5.4.b 9.Impact on Aesthetic Resources 5 The land use of the proposed action are obviously different from, or are in NO YES sharp contrast to, current land use patterns between the proposed project and a scenic or aesthetic resource. (Part 1. E.1.a, E.1.b, E.3.h.) If “Yes”, answer questions a - g. If “No”, go to Section 10. Relevant No, or Moderate Part I small to large Question(s) impact impact may may occur occur E3h a.Proposed action may be visible from any officially designated federal, state, or local scenic or aesthetic resource. E3h, C2b b.The proposed action may result in the obstruction, elimination or significant screening of one or more officially designated scenic views. E3h c.The proposed action may be visible from publicly accessible vantage points: i.Seasonally (e.g., screened by summer foliage, but visible during other seasons) ii.Year round E3h d.The situation or activity in which viewers are engaged while viewing the proposed action is: E2q, i.Routine travel by residents, including travel to and from work E1c ii.Recreational or tourism based activities E3h e.The proposed action may cause a diminishment of the public enjoyment and appreciation of the designated aesthetic resource. D1a, E1a, f.There are similar projects visible within the following distance of the proposed D1f, D1g project: 0-1/2 mile ½ -3 mile 3-5 mile 5+ mile g.Other impacts: ______________________________________________________ __________________________________________________________________ 10.Impact on Historic and Archeological Resources The proposed action may occur in or adjacent to a historic or archaeological NO YES 5 resource. (Part 1. E.3.e, f. and g.) If “Yes”, answer questions a - e. If “No”, go to Section 11. Relevant No, or Moderate Part I small to large Question(s) impact impact may may occur occur E3e E3f b.The proposed action may occur wholly or partially within, or substantially contiguous to, an area designated as sensitive for archaeological sites on the NY State Historic Preservation Office (SHPO) archaeological site inventory. E3g c.The proposed action may occur wholly or partially within, or substantially contiguous to, an archaeological site not included on the NY SHPO inventory. Source: ____________________________________________________________ Attachment: Cannabis Law FEAF Part 2 (RES-2021-147 : Introducing Local Law Opting Out of Licensing & Establishing On-Site Cannabis Page6 of 10 Packet Pg. 81 5.4.b d.Other impacts: ______________________________________________________ __________________________________________________________________ If any of the above(a-d) are answered “ e. ”,continuewiththe following questionsto help support conclusionsin Part3: i.The proposed action may result in the destruction or alteration of all or part E3e, E3g, of the site or property. E3f ii.The proposed action may result in the alteration of the property’s setting or E3e, E3f, integrity. E3g, E1a, E1b E3e, E3f, iii.The proposed action may result in the introduction of visual elements which E3g, E3h, are out of character with the site or property, or may alter its setting. C2, C3 11.Impact on Open Space and Recreation The proposed action may result in a loss of recreational opportunities or a NO YES 5 reduction of an open space resource as designated in any adopted municipal open space plan. (See Part 1. C.2.c, E.1.c., E.2.q.) If “Yes”, answer questions a - e. If “No”, go to Section 12. Relevant No, or Moderate Part I small to large Question(s) impact impact may may occur occur D2e, E1b a.The proposed action may result in an impairment of natural functions, or “ecosystem E2h, services”, provided by an undeveloped area, including but not limited to stormwater E2m, E2o, storage, nutrient cycling, wildlife habitat. E2n, E2p C2a, E1c, b.The proposed action may result in the loss of a current or future recreational resource. C2c, E2q C2a, C2c c.The proposed action may eliminate open space or recreational resource in an area E1c, E2q with few such resources. C2c, E1c d.The proposed action may result in loss of an area now used informally by the community as an open space resource. e.Other impacts: _____________________________________________________ _________________________________________________________________ 12.Impact on Critical Environmental Areas The proposed action may be located within or adjacent to a critical 5 NO YES environmental area (CEA). (See Part 1. E.3.d) If “Yes”, answer questions a - c. If “No”, go to Section 13. Relevant No, or Moderate Part I small to large Question(s) impact impact may may occur occur E3d a.The proposed action may result in a reduction in the quantity of the resource or characteristic which was the basis for designation of the CEA. E3d b.The proposed action may result in a reduction in the quality of the resource or characteristic which was the basis for designation of the CEA. c.Other impacts: ______________________________________________________ __________________________________________________________________ Attachment: Cannabis Law FEAF Part 2 (RES-2021-147 : Introducing Local Law Opting Out of Licensing & Establishing On-Site Cannabis Page7 of 10 Packet Pg. 82 5.4.b 13.Impact on Transportation 5 The proposed action may result in a change to existing transportation systems. NO YES (See Part 1. D.2.j) If “Yes”, answer questions a - . If “No”, go to Section 14. Relevant No, or Moderate Part I small to large Question(s) impact impact may may occur occur D2j a.Projected traffic increase may exceed capacity of existing road network. D2j b.The proposed action may result in the construction of paved parking area for 500 or more vehicles. D2j c.The proposed action will degrade existing transit access. D2j d.The proposed action will degrade existing pedestrian or bicycle accommodations. D2j .The proposed action may alter the present pattern of movement of people or goods. .Other impacts: ______________________________________________________ __________________________________________________________________ 14.Impact on Energy The proposed action may cause an increase in the use of any form of energy. NO YES 5 (See Part 1. D.2.k) If “Yes”, answer questions a - e. If “No”, go to Section 15. Relevant No, or Moderate Part I small to large Question(s) impact impact may may occur occur a.The proposed action will require a new, or an upgrade to an existing, substation.D2k b.The proposed action will require the creation or extension of an energy transmission D1f, or supply system to serve more than 50 single or two-family residences or to serve aD1q, D2k commercial or industrial use. D2k c.The proposed action may utilize more than 2,500 MWhrs per year of electricity. D1g d.The proposed action may involve heating and/or cooling of more than 100,000 square feet of building area when completed. e.Other Impacts: ________________________________________________________ ____________________________________________________________________ 15.Impact on Noise, Odor, and Light The proposed action may result in an increase in noise, odors, or outdoor lighting. NO YES 5 (See Part 1. D.2.m., n., and o.) If “Yes”, answer questions a - f. If “No”, go to Section 16. Relevant No, or Moderate Part I small to large Question(s) impact impact may may occur occur D2m a.The proposed action may produce sound above noise levels established by local regulation. D2m, E1d b.The proposed action may result in blasting within 1,500 feet of any residence, hospital, school, licensed day care center, or nursing home. c.The proposed action may result in routine odors for more than one hour per day.D2o Attachment: Cannabis Law FEAF Part 2 (RES-2021-147 : Introducing Local Law Opting Out of Licensing & Establishing On-Site Cannabis Page8 of 10 Packet Pg. 83 5.4.b D2n d.The proposed action may result in light shining onto adjoining properties. D2n, E1a e.The proposed action may result in lighting creating sky-glow brighter than existing area conditions. f.Other impacts: ______________________________________________________ __________________________________________________________________ 16.Impact on Human Health The proposed action may have an impact on human health from exposure 5 NO YES to new or existing sources of contaminants. (See Part 1.D.2.q., E.1. d. f. g. and h.) If “Yes”, answer questions a - m. If “No”, go to Section 17. Relevant No,or Moderate Part I small to large Question(s) impact impact may may cccur occur a.The proposed action is located within 1500 feet of a school, hospital, licensed dayE1d care center, group home, nursing home or retirement community. E1g, E1h b.The site of the proposed action is currently undergoing remediation. E1g, E1h c.There is a completed emergency spill remediation, or a completed environmental site remediation on, or adjacent to, the site of the proposed action. E1g, E1h d.The site of the actionis subject to an institutional control limiting the use of the property (e.g.easementdeedrestriction) E1g, E1h e.The proposed action may affect institutional control measures that were put in place to ensure that the site remains protective of the environment and human health. D2t f.The proposed action has adequate control measures in place to ensure that future generation, treatment and/or disposal of hazardous wastes will be protective of the environment and human health. D2q, E1f g.The proposed action involves construction or modification of a solid waste management facility. D2q, E1f h.The proposed action may result in the unearthing of solid or hazardous waste. D2r, D2s i.The proposed action may result in an increase in the rate of disposal, or processing, of solid waste. E1f, E1g j.The proposed action may result in excavation or other disturbance within 2000 feet of E1h a site used for the disposal of solid or hazardous waste. E1f, E1g k.The proposed action may result in the migration of explosive gases from a landfill site to adjacent off site structures. D2s, E1f, l.The proposed action may result in the release of contaminated leachate from the D2r project site. m.Other impacts: ______________________________________________________ __________________________________________________________________ Attachment: Cannabis Law FEAF Part 2 (RES-2021-147 : Introducing Local Law Opting Out of Licensing & Establishing On-Site Cannabis Page9 of 10 Packet Pg. 84 5.4.b 17. Consistency with Community Plans The proposed action is not consistent with adopted land use plans. NO YES 5 (See Part 1. C.1, C.2. and C.3.) If “Yes”, answer questions a - h. If “No”, go to Section 18. Relevant No, or Moderate Part I small to large Question(s) impact impact may may occur occur C2, C3, D1a a. The proposed action’s land use components may be different from, or in sharp E1a, E1b contrast to, current surrounding land use pattern(s). C2 b. The proposed action will cause the permanent population of the city, town or village in which the project is located to grow by more than 5%. C2, C2, C3 c. The proposed action is inconsistent with local land use plans or zoning regulations. C2, C2 d. The proposed action is inconsistent with any County plans, or other regional land use plans. C3, D1c, e. The proposed action may cause a change in the density of development that is not D1d, D1f, supported by existing infrastructure or is distant from existing infrastructure. D1d, Elb C4, D2c, D2d f. The proposed action is located in an area characterized by low density development D2j that will require new or expanded public infrastructure. C2a g. The proposed action may induce secondary development impacts (e.g., residential or commercial development not included in the proposed action) h. Other: _____________________________________________________________ __________________________________________________________________ 18. Consistency with Community Character The proposed project is inconsistent with the existing community character. NO YES 5 (See Part 1. C.2, C.3, D.2, E.3) If “Yes”, answer questions a - g. If “No”, proceed to Part 3. Relevant No, or Moderate Part I small to large Question(s) impact impact may may occur occur E3e, E3f, E3g a. The proposed action may replace or eliminate existing facilities, structures, or areas of historic importance to the community. C4 b. The proposed action may create a demand for additional community services (e.g. schools, police and fire) C2, C3, D1f c. The proposed action may displace affordable or low-income housing in an area where D1g, E1a there is a shortage of such housing. C2, E3 d. The proposed action may interfere with the use or enjoyment of officially recognized or designated public resources. C2, C3 e. The proposed action is inconsistent with the predominant architectural scale and character. C2, C3 f. Proposed action is inconsistent with the character of the existing natural landscape. E1a, E1b E2g, E2h g. Other impacts: ______________________________________________________ __________________________________________________________________ Attachment: Cannabis Law FEAF Part 2 (RES-2021-147 : Introducing Local Law Opting Out of Licensing & Establishing On-Site Cannabis QSJOUGVMMGPSN Page10 of 10 Packet Pg. 85 DboobcjtPquPvuMpdbmMbxt 5.4.c Opwfncfs26-3132 Full Environmental Assessment Form Part 3 - Evaluation of the Magnitude and Importance of Project Impacts and Determination of Significance Part 3 provides the reasons in support of the determination of significance. The lead agency must complete Part 3 for every question in Part 2 where the impact has been identified as potentially moderate to large or where there is a need to explain why a particular element of the proposed action will not, or may, result in a significant adverse environmental impact. Based on the analysis in Part 3, the lead agency must decide whether to require an environmental impact statement to further assess the proposed action or whether available information is sufficient for the lead agency to conclude that the proposed action will not have a significant adverse environmental impact. By completing the certification on the next page, the lead agency can complete its determination of significance. Reasons Supporting This Determination: To complete this section: Identify the impact based on the Part 2 responses and describe its magnitude. Magnitude considers factors such as severity, size or extent of an impact. Assess the importance of the impact. Importance relates to the geographic scope, duration, probability of the impact occurring, number of people affected by the impact and any additional environmental consequences if the impact were to occur. The assessment should take into consideration any design element or project changes. Repeat this process for each Part 2 question where the impact has been identified as potentially moderate to large or where there is a need to explain why a particular element of the proposed action will not, or may, result in a significant adverse environmental impact. Provide the reason(s) why the impact may, or will not, result in a significant adverse environmental impact For Conditional Negative Declarations identify the specific condition(s) imposed that will modify the proposed action so that no significant adverse environmental impacts will result. Attach additional sheets, as needed. !Uijt!bdujpoibtopfggfdupouiffowjsponfoubtjuqsftfswftuiftubuvtrvp/Uijtbdujpoqspijcjutuifftubcmjtinfoupgdboobcjtejtqfotbsjftboe po.qsfnjtftdpotvnqujpotjuftjouifUpxopvutjefpgwjmmbhf/UifbdujpojtjouifobuvsfpgbnpsbupsjvnxijdijtbUzqfJJbdujpo/ Determination of Significance - Type 1 and Unlisted Actions Attachment: Cannabis Law FEAF Part 3 (RES-2021-147 : Introducing Local Law Opting Out of Licensing & Establishing On-Site Cannabis 5 SEQR Status: Type 1 Unlisted 555 Identify portions of EAF completed for this Project: Part 1 Part 2 Part 3 Packet Pg. 86 FEAF 2019 5.4.c Upon review of the information recorded on this EAF, as noted, plus this additional support information UifMpdbmMbxtboeJouspevdupszsftpmvujpot/ and considering both the magnitude and importance of each identified potential impact, it is the conclusion of the as lead agency that: 5 A. This project will result in no significant adverse impacts on the environment, and, therefore, an environmental impact statement need not be prepared. Accordingly, this negative declaration is issued. B. Although this project could have a significant adverse impact on the environment, that impact will be avoided or substantially mitigated because of the following conditions which will be required by the lead agency: There will, therefore,beno significant adverse impacts fromthe project as conditioned,and,therefore, thisconditioned negative declarationis issued. A conditionednegative declarationmay be usedonlyforUNLISTED actions(see 6NYCRR 617.d). C.This Project may result in one or more significant adverse impacts on theenvironment,and an environmentalimpact statementmustbeprepared to further assessthe impact(s) and possible mitigation and toexplore alternatives to avoidor reduce those impacts. Accordingly, this positive declaration is issued. Name of Action: PqujohPvupgDboobcjtEjtqfotbsjftboePo.TjufDpotvnqujpoQsfnjtftjouifUpxopgXbqqjohfsvoefsDboobcjtMbx242 Name of Lead Agency: UpxopgXbqqjohfsUpxoCpbse Name of Responsible Officer in Lead Agency: SjdibseUivstupo Title of Responsible Officer: UpxoTvqfswjtps Signature of Responsible Officer in Lead Agency: Date: 22.26.3132 Signature of Preparer (if different from Responsible Officer) Date: 22.26.3132 For Further Information: Contact Person: SjdibseUivstupo Address:31NjeemfcvtiSpbe-XbqqjohfstGbmmt-OZ236:1 956.3:8.3855 Telephone Number: E-mail: suivstupoAupxopgxbqqjohfsoz/vt For Type 1 Actions and Conditioned Negative Declarations, a copy of this Notice is sent to: Chief Executive Officer of the political subdivision in which the action will be principally located (e.g., Town / City / Village of) Other involved agencies (if any) Applicant (if any) Environmental Notice Bulletin: http://www.dec.ny.gov/enb/enb.html Attachment: Cannabis Law FEAF Part 3 (RES-2021-147 : Introducing Local Law Opting Out of Licensing & Establishing On-Site Cannabis QSJOUGVMMGPSN Packet Pg. 87 5.4.d TOWN OF WAPPINGER NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Town Board of the Town of Wappinger will conduct a PUBLIC HEARING at Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on the 13th day of December, 2021, at 7:00 p.m., 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 A Local Law Adopted Pursuant to Cannabis Law §131 Opting Out of Licensing and Establishing On-Site Cannabis Consumption Premises within the Town of Wappinger outside of any Village PLEASE TAKE FURTHER NOTICE that all persons interested and citizens shall have an opportunity to be heard on said proposed Local Law at the time and place aforesaid. PLEASE TAKE FURTHER NOTICE that the purpose and intent of the proposed Local Law is to allow for the Town of Wappinger to opt-out of hosting on-site cannabis consumption establishments within its boundaries outside of any village. PLEASE TAKE FURTHER NOTICE that, the Town Board has determined that the proposed adoption of the aforementioned Local Law is a Type I action pursuant to 6 NYCRR § 617.4(b)(2) and it is the only agency having approval jurisdiction over the action therefore it is established as the lead agency. PLEASE TAKE FURTHER NOTICE that the adoption of this Local Law is subject to a permissive referendum. PLEASE TAKE FURTHER NOTICE, that a copy of the proposed Local Law is available for review and inspection at the Office of the Town Clerk of the Town of Wappinger, at Town Hall, 20 Middlebush Road, Wappingers Falls, New York between the hours of 8:30 a.m. to 4:00 p.m. on all business days between the date of this notice and the date of the public hearing. Dated: November 15, 2021 Wappingers Falls, New York BY ORDER OF THE TOWN BOARD OF THE TOWN OF WAPPINGER JOSEPH P. PAOLONI, TOWN CLERK Attachment: Notice of Public Hearing - on-site consumption (RES-2021-147 : Introducing Local Law Opting Out of Licensing & Establishing On- Packet Pg. 88 5.4.e The Marihuana Regulation and Taxation Act (MRTA): A Summary for Town Governments Association of Towns | 1Association of Towns | 1Association of Towns | 1Association of Towns | 1Association of Towns | 1Association of Towns | 1Association of Towns | 1Association of Towns | 1Association of Towns | 1Association of Towns | 1Association of Towns | 1Association of Towns | 1Association of Towns | 1Association of Towns | 1Association of Towns | 1Association of Towns | 1Association of Towns | 1Association of Towns | 1Association of Towns | 1Association of Towns | 1Association of Towns | 1Association of Towns | 1Association of Towns | 1Association of Towns | 1Association of Towns | 1Association of Towns | 1Association of Towns | 1Association of Towns | 1Association of Towns | 1Association of Towns | 1Association of 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1Association of Towns | 1Association of Towns | 1Association of Towns | 1Association of Towns | 1Association of Towns | 1Association of Towns | 1Association of Towns | 1Association of Towns | 1Association of Towns | 1Association of Towns | 1Association of Towns | 1Association of Towns | 1Association of Towns | 1Association of Towns | 1Association of Towns | 1Association of Towns | 1Association of Towns | 1Association of Towns | 1Association of Towns | 1Association of Towns | 1Association of Towns | 1Association of Towns | 1Association of Towns | 1Association of Towns | 1Association of Towns | 1Association of Towns | 1Association of Towns | 1Association of Towns | 1Association of Towns | 1Association of Towns | 1Association of Towns | 1Association of Towns | 1Association of Towns | 1Association of Towns | 1Association of Towns | 1Association of Towns | 1Association of Towns | 1Association of Towns | 1Association of Towns | 1Association of Towns | 1Association of Towns | 1Association of Towns | 1Association of Towns | 1Association of Towns | 1Association of Towns | 1Association of Towns | 1Association of Towns | 1Association of Towns | 1Association of Towns | 1Association of Towns | 1Association of Towns | 1Association of Towns | 1Association of Towns | 1Association of Towns | 1Association of Towns | 1Association of Towns | 1Association of Towns | 1Association of Towns | 1Association of Towns | 1Association of Towns | 1Association of Towns | 1Association of Towns | 1Association of Towns | 1Association of Towns | 1Association of Towns | 1Association of Towns | 1Association of Towns | 1Association of Towns | 1Association of Towns | 1Association of Towns | 1Association of Towns | 1Association of Towns | 1Association of Towns | 1Association of Towns | 1Association of Towns | 1Association of Towns | 1Association of Towns | 1Association of Towns | 1Association of Towns | 1Association of Towns | 1Association of Towns | 1Association of Towns | 1Association of Towns | 1Association of Towns | 1Association of Towns | 1Association of Towns | 1Association of Towns | 1Association of Towns | 1Association of Towns | 1Association of Towns | 1Association of Towns | 1Association of Towns | 1Association of Towns | 1Association of Towns | 1Association of Towns | 1Association of Towns | 1Association of Towns | 1Association of Towns | 1Association of Towns | 1Association of Towns | 1Association of Towns | 1Association of Towns | 1Association of Towns | 1Association of Towns | 1Association of Towns | 1Association of Towns | 1Association of Towns | 1Association of Towns | 1Association of Towns | 1Association of Towns | 1Association of Towns | 1Association of Towns | 1Association of Towns | 1Association of Towns | 1Association of Towns | 1Association of Towns | 1Association of Towns | 1Association of Towns | 1Association of Towns | 1Association of Towns | 1Association of Towns | 1Association of Towns | 1Association of Towns | 1Association of Towns | 1Association of Towns | 1Association of Towns | 1Association of Towns | 1Association of Towns | 1Association of Towns | 1Association of Towns | 1Association of Towns | 1Association of Towns | 1Association of Towns | 1Association of Towns | 1Association of Towns | 1Association of Towns | 1Association of Towns | 1Association of Towns | 1Association of Towns | 1 Packet Pg. 89 5.4.e OverviewThe State Structure In March 2021 the Marijuana Regulation • and Taxation Act (MRTA) was adopted. The bill, which had been in the works for several (Cannabis Law § 7\[1\]). The chairperson is years deals, creates an entirely new area an appointee of the governor with the advice of law, Cannabis Law, that creates state and consent of the Senate; two appointees lie solely with the governor; the Senate president will have an appointee, as will Code. To say the legalization and regulation or deny applications for any of the various of cannabis touches on nearly every level of licenses listed in the MRTA, including licenses for adult-use dispensaries (see Cannabis • Using this guide board is also responsible for drafting various regulations, rules, and an annual report on in deciding whether allowing recreational in what region of the state and approving Cannabis Law § 10 \[2-24\]). one town, the allure of job creation and • In addition to the board, the MRTA navigate this new legislation. As always, for any questions regarding procedures enacted with MRTA, please contact the Association of governor with the advice and consent of the Towns at (518)465-7933. Senate, will oversee OCM (Cannabis Law As of April 2021, regulations have not been § 9). OCM’s responsibilities include, but released, and we anticipate this guide will be updated once they are. This guide does not cover every single aspect of the MRTA, sold, cultivated, processed or distributed, and generally advising and assisting the board (see Cannabis Law § 11\[1\]-\[12\]). Although not listed explicitly as one of OCM’s duties, the legislation states that the board answered. Meanwhile, AOT hopes this gives says, and the role towns will play. Attachment: Cannabis Guide for Towns 2021 (RES-2021-147 : Introducing Local Law Opting Out of Licensing & Establishing On-Site Cannabis 2021 Cannabis Guide | 2 Packet Pg. 90 5.4.e § 10\[1\]), and thus, it appears it will be NSUB!Bu!b!Hmbodf applications. ui Ofx!Zpsl!Tubuf!xbt!uif!26!tubuf!up!mfhbmj{f!bevmu. • ui vtf!sfdsfbujpobm!nbsjkvbob!vtf-!boe!jt!uif!28!pwfsbmm! The MRTA has various social equity xjui!tpnf!tpsu!pg!xffe!mbx!po!uif!cpplt/!!Ofx!Zpsl! Tubuf!sfhvmbujpot!xjmm!cf!gpsuidpnjoh/!Uifsf!xjmm! cf!b!24!qfsdfou!uby!po!dboobcjt!tbmft;!:!qfsdfou!jt! bo!fydjtf!uby!uibu!xjmm!hp!up!uif!tubuf/!Uifsf!jt!bmtp! plan required by the law and to ensure b!5!qfsdfou!tbmft!uby;!36!qfsdfou!pg!uibu!xjmm!hp!up! dpvoujft-!boe!86!qfsdfou!xjmm!cf!ejtusjcvufe!up!djujft-! upxot-!boe!wjmmbhft!jo!qspqpsujpo!up!uif!bnpvou!pg! tbmft!uibu!ublf!qmbdf!xjuijo!uifjs!kvsjtejdujpo/!Podf! Law § 12 \[1\]). The CEO is also responsible gvmmz!pqfsbujpobm-!sfdsfbujpobm!dboobcjt!jt!fyqfdufe! up!csjoh!bo!ftujnbufe!%461!njmmjpo!boovbmmz!jo! Ofx!Zpsl!Tubuf!boe!xjmm!qpufoujbmmz!dsfbuf!41-111! up!71-111!kpct-!bddpsejoh!up!Hpw/!Boesfx!Dvpnp/! Uif!mfhjtmbujpo!jnnfejbufmz!efdsjnjobmj{fe!uif! Cannabis Law § 12 \[2\]). qpttfttjpo!pg!mftt!uibo!4!pvodft!pg!nbsjkvbob!gps! bevmut!32!boe!pmefs/! • Xijmf!nvojdjqbmjujft!dboopu!pqu!pvu!pg!mfhbmj{fe! nbsjkvbob!qpttfttjpo0vtf!cz!bevmut!pwfs!uif!bhf!pg! 32-!djujft!upxot!boe!wjmmbhft!ibwf!uif!vmujnbuf!dipjdf! (Cannabis Law § 14\[1\]). The governor pg!xifuifs!uifz!xpvme!mjlf!up!bmmpx!ejtqfotbsjft! boe!po.tjuf!dpotvnqujpo!mpvohft!xjuijo!uifjs! mjnjut/!Jo!psefs!up!pqu!pvu-!b!nvojdjqbmjuz!nvtu!qbtt! (see Cannabis Law § 14\[2\]). In addition, b!mpdbm!mbx!cz!Efd/!42-!3132!ps!ojof!npouit!bgufs! there will be non-voting representatives pqu!pvu!cz!Efd/!42-!3132-!uifz!xjmm!opu!ibwf!bopuifs! pqqpsuvojuz!up!ep!tp<!ipxfwfs-!uiptf!mpdbmjujft!uibu! qbttfe!b!mpdbm!mbx!pqujoh!pvu!nbz!dipptf!up!pqu! cbdl!jo!bu!b!mbufs!ebuf!cz!sfqfbmjoh!uifjs!mpdbm!mbx/! Bmm!mpdbm!mbxt!bttpdjbufe!xjui!pqujoh!pvu!pg!sfubjm! of collaborating with OCM and the board ejtqfotbsjft!ps!po.tjuf!dpotvnqujpo!mjdfotft!bsf! tvckfdu!up!qfsnjttjwf!sfgfsfoevn/!Gps!b!tbnqmf! mpdbm!mbx!pqujpo!pvu-!qmfbtf!tff!Bqqfoejy!B!pg! uijt!qvcmjdbujpo/!Gps!rvftujpot!bcpvu!qfsnjttjwf! sfgfsfoeb-!dpotvmu!zpvs!upxo!buupsofz!ps!dbmm!pvs! Social Equity Medical Cannabis after the full board has been appointed and Medical cannabis is a prescription – it has to be approved by a practitioner for a condition happening. and can be dispensed only at certain places, • and Article 3 of Cannabis Law covers all designated caregiver facilities, and Attachment: Cannabis Guide for Towns 2021 (RES-2021-147 : Introducing Local Law Opting Out of Licensing & Establishing On-Site Cannabis Association of Towns | 3 Packet Pg. 91 5.4.e • cannabis dispensaries) and would likely receive therapeutic or Entities that want to sell, deliver, transport, cannabis for that condition (see Cannabis Law § 30\[1\]\[a\]-\[d\]). Condition organization (see Cannabis Law §§ 34; 35), (Cannabis Law § 3\[18\]), and a practitioner their designated caregiver (see Cannabis Law § 34\[5\]\[a\]). Registered organizations to prescribe controlled substances (see Cannabis Law § 3\[41\]). In addition, a two hours’ worth of training (the exact cannabis if it has both licenses. Adult-Use Cannabis Licensing Adult-use cannabis is the legislation’s way Cannabis Law § 30\[10\]). recreational pot. Article 4 of Cannabis Law covers adult-use cannabis, and it regulates 32; 34\[4\]). Registration cards are good for one year unless the practitioner certifying separate license and there are, in fact, 10 adult-use cultivator, adult-use processor, adult-use cooperative, adult-use distributer, organization adult-use cultivator-processor- distributor-retail-dispensary licenses. This the application is approved, the designated those are the two over which towns have cannabis on behalf of the patient. One • Applying for an adult-use license to be included in applications for adult- Law § 32\[4\]). In addition to an individual use licenses, but the legislation says the apply to be a designated care facility, in not apply (see Cannabis Law §§ 32\[5\]; 33). justice services (Cannabis Law 62\[2\]). register as a designated care facility in order When reviewing applications, the board will take into account certain factors such Attachment: Cannabis Guide for Towns 2021 (RES-2021-147 : Introducing Local Law Opting Out of Licensing & Establishing On-Site Cannabis 2021 Cannabis Guide | 4 Packet Pg. 92 5.4.e as whether the applicant is a social and An applicant for an adult-use retail dispensary license, registered organization adult-use cultivator-processor-distributer- retail-dispensary license, or an on- and type of licenses already granted within application between 270 days and 30 days (Cannabis Law 64). Licenses are good for the board needs to approve any transfer in ownership or change in location (Cannabis service (Cannabis Law § 76 \[5\]). The board Law 67). • licenses Retail dispensary licenses are for • street address of the proposed would sell wine to, hypothetically, an AOT attorney (Cannabis Law § 72). As previously the applicant’s attorney hold both a registered organization license and a retail dispensary license, thus allowing license, renewal, or alteration of existing recreational cannabis. license) • if the application is for a transfer, • if the application is for a renewal, the board for or against granting a license, that is granted, the board will take additional record of the application, and the board neither a retail dispensary nor an on-site how the opinion was considered in granting 500 feet of a school or 200 feet of a house or denying the application (Cannabis Law § of worship (Cannabis Law §§ 72\[6\]; 77\[4\]). 76\[4\]). • Local law opting out also being a registered organization (aka various other adult-use licenses (Cannabis towns, cities, and villages also have the ability to adopt local laws opting out applications are also subject to additional of allowing retail dispensaries and on- considerations (Cannabis Law § 77\[5\]). • 131). The opt-out local law is subject to a Attachment: Cannabis Guide for Towns 2021 (RES-2021-147 : Introducing Local Law Opting Out of Licensing & Establishing On-Site Cannabis Association of Towns | 5 Packet Pg. 93 5.4.e petition) following the procedure outlined opting out, and there is a petition with a then the town would have to put the local the operation or licensure of registered organizations, adult-use cannabis licenses, or Please note that the law states that the local law must be ADOPTED by December 31, 2021, not Tax / Revenue Sharing with that the referendum has to be done by Towns that date. There is the potential for a town to gain opting out would apply only to the town percent tax that will go to the state, and the other is a 4 percent tax that is distributed nothing else. If a town is not sure how its residents feel about allowing retail sales percent, 25 percent will stay with the county, between towns, cities and villages in the that take place within their jurisdiction (see Another consideration is revenue. As Tax Law §§ 493\[b\],\[c\]; 496-b\[2\]). When a discussed later, revenue sharing with retail dispensary is located in a village in a town that also allows retail sales, then the sales that take place within its boundaries, so if zero sales take place in the town because it opted out, then the town gets between the two governing boards, or in the words, if a town opts out, but a village allows rescind that local law. To illustrate – let’s say the town adopts a local law opting out in October 2021 and in two years, the town board rescinds that local law in October Example 1: In one quarter, $100,000 is 2023. In October 2024, if the town board wants to opt-out again, it would not be retail sales in the county. Within the county, allowed to because a local law opting out two towns and one city have retail sales 2021. go to the county (that is, 25 percent of the • split between the two towns and the city in proportion to the sales in their boundaries. Let’s say 33 percent of the sales take place If a town decides to allow retail dispensaries Attachment: Cannabis Guide for Towns 2021 (RES-2021-147 : Introducing Local Law Opting Out of Licensing & Establishing On-Site Cannabis 2021 Cannabis Guide | 6 Packet Pg. 94 5.4.e in the city, 33 percent are in Town A, and 33 Town does NOT opt out, the village does not opt out, but retail sales and two towns would each get $25,000.only take place in town = town gets revenue, does not have to share with Example 2: village. except 50 percent of the sales take place in the city, 20 percent of sales take place in Personal Cultivation Town A, and 30 percent of sales take place The MRTA allows for personal cultivation at receive $37,500 (that is 50 percent of the private residences; however, the sections governing personal cultivation will not $15,000 (20 percent of the $75,000) and 30 percent of the $75,000). Law 222.15 \[9\]). The law requires personal Example 3: 4 percent tax for the quarter. Two towns have retail dispensaries, as do two villages. retail sale (id.). Once personal cultivation 25 percent of sales taking place in Town A, within Town X that did NOT opt out, whereas private residence, and each residence percent of the $100,000 goes to the county ($25,000). The rest will be distributed as percent of $75,000) because it is located in a town that opted out and therefore is not by default, Town X will receive $9,375 (50 Town opts out, but village within town on the grounds of the private residence, has sales = town does not get revenue Town does NOT opt out and the village ensure that cannabis is in a secured place and not accessible by anyone under the age village sales is split pursuant to an personal cultivation is just that – it is for Town does NOT opt out, the village personal use, not a license to sell cannabis within town = town gets revenue, does not have to share with village up to 3 ounces of cannabis to a person 21 Attachment: Cannabis Guide for Towns 2021 (RES-2021-147 : Introducing Local Law Opting Out of Licensing & Establishing On-Site Cannabis Association of Towns | 7 Packet Pg. 95 5.4.e for reasonable suspicion does not apply 222.05\[b\]). The law gives counties, cities, towns, and villages the authority to reasonably regulate provide probable cause to search any area of a vehicle that is not readily accessible to the driver and is not reasonably likely to contain \[6\]). If a town does enact local rules on evidence relevant to the driver’s condition. Public Smoking and cannot carry a discretionary civil penalty of Consumption Police-Related Issues • Under MRTA, a person 21 or older can possess, display, transport, or obtain up and child care centers. Cars, however, are a notable exception where tobacco 5 pounds of cannabis in their personal residence or on the grounds of another person’s residence. In other words, don’t vape cannabis on school grounds within 100 travel with 5 pounds of cannabis, keep that feet of entrance, exit or outdoor areas of • Inspecting licensed operations or vaping in a residence if the real property boundary line falls within 100 feet) or on records of licensed operators (see Cannabis Law § 79). Inspections cannot interrupt licensees’ safety and security procedures. regulations, and other applicable state and be construed to restrict the power of any county, city, town, or village to adopt and other applicable regulations. enforce additional local law, ordinances, or • Reasonable suspicion MRTA explicitly states that evidence such as the cannabis odor, possession (in the legal restrictions for property owned or controlled cannot be the basis, either on its own or in playgrounds. using the odor of burnt cannabis as the basis Attachment: Cannabis Guide for Towns 2021 (RES-2021-147 : Introducing Local Law Opting Out of Licensing & Establishing On-Site Cannabis 2021 Cannabis Guide | 8 Packet Pg. 96 5.4.e Social Equity Issues goals. To that end, the board, in consultation director of OCM, after receiving public input, NbttbdivtfuutOfx!KfstfzOfx!ZpslRvfcfd-!Dbobeb 2/17!pvodf!)41!h*! 2!pvodf!pvutjef!4!pvodft!pvutjef! Qpttfttjpo!Mjnjut!pvutjef!sftjefodf! sftjefodf021!pvodft!7!pvodftsftjefodf06!qpvoet! )Dboobcjt*boe!6/4!pvodft!)261! bu!ipnfbu!ipnf h*!bu!ipnf Qpttfttjpo!Mjnjut! 6!hsbnt28!hsbnt35!hsbnt8/6!hsbnt )Dpodfousbuft* Ipnf!Hspx ZftOpZftZft+ Mpdbm!pqujpo-!cvu! Zft-!cvu!dboopu!Zft-!cvu!dboopu! dboopu!cf!vtfe! Qvcmjd!cf!vtfe!xifsfwfs!cf!vtfe!xifsfwfs! Op+xifsfwfs Dpotvnqujpo upcbddp!tnpljoh!jt!upcbddp!tnpljoh!jt! upcbddp!tnpljoh!jt! qspijcjufeqspijcjufe qspijcjufe 1/6!dfout!qfs!nh!gps! gmpxfs-!1/9!dfout!qfs! UID!Dpoufou!Uby OpOpnh!gps!dpodfousbuft-!Op boe!4!dfout!qfs!nh! gps!fejcmft Dboobcjt!Mpvohft Bu!mpdbm!pqujpoBu!mpdbm!pqujpoBu!mpdbm!pqujpoOp Bhf!Mjnju 32323232 Mpdbm!Hpwfsonfou! ZftZftZftZft Pqu!Pvu 24!qfsdfouD%20h!ps!21&!pg!uif! Upubm!Uby!28!qfsdfou Opof!cvu!7/736!):!qfsdfou!tubuf!qsf.uby!usbotbdujpo! )Fydjtf!,!Tbmft-!jg!)21/86!fydjtf!uby!,! qfsdfou!tbmft!ubyfydjtf<!5!qfsdfou!qmvt!:/:86!qfsdfou! bqqmjdbcmf*7/36!tbmft* mpdbm!fydjtf*tbmft!uby Nbyjnvn!Uby! 31!qfsdfou9/74!qfsdfou33/99!qfsdfou2:/:9!qfsdfou Qpttjcmf +mpdbm!kvsjtejdujpot! nbz!tfu!uifjs!pxo!+boe!pof!qfsdfou! svmft!bspvoe!dbgft-!pg!uif!sfdfjqut!gspn!+ipnf!hspx!jo! tnplf!sppnt-!ps!fbdi!tbmf!cz!b!Rvfcfd!jt!cfjoh! puifs!pqujpot!gps!dboobcjt!xipmftbmfsmjujhbufe tpdjbm!dpotvnqujpo Attachment: Cannabis Guide for Towns 2021 (RES-2021-147 : Introducing Local Law Opting Out of Licensing & Establishing On-Site Cannabis Association of Towns | 9 Packet Pg. 97 5.4.e to have 50 percent of adult-use licenses Cannabis Law § 87). In addition, the legislation establishes the services to address adverse childhood experiences, afterschool and child care by 40 percent of revenue leftover after address barriers to re-entry, including but and various studies, and in joint custody vacatur, substitution and resentencing of cannabis advisory board. The purpose of the cannabis law and as established by the cannabis control board. Gps!beejujpobm! jogpsnbujpo!boe! gbdu!tiffut-!wjtju! dboobcjt/oz/hpw Attachment: Cannabis Guide for Towns 2021 (RES-2021-147 : Introducing Local Law Opting Out of Licensing & Establishing On-Site Cannabis 2021 Cannabis Guide | 10 Packet Pg. 98 5.4.e Sample Local Opting out of Adult Use Cannabis Retail Dispensaries and On-Site Consumption Sites Local Law No _________ of the year 2021 Be it enacted by the Town of _______________________, County of ____________________ as follows: Section 1. Legislative Intent It is the intent of this local law to opt out of allowing cannabis retail dispensaries and on-site cannabis consumption sites in the Town of ___________that would otherwise be allowed under Cannabis Law Article 4. \[add more justifications if you like\] Section 2. Authority This local law is adopted pursuant to Cannabis Law § 131 which expressly authorizes the town board to adopt a local law requesting the Cannabis Control Board to prohibit the establishment of cannabis retail dispensary licenses and/or on-site consumption licenses within the jurisdiction of the town and is subject to a permissive referendum, the procedure of which is governed by Municipal Home Rule Law § 24. Section 3. Local Opt-Out The Town Board of the Town of ______________hereby opts out of allowing cannabis retail dispensaries and on- site cannabis consumption sites from being established and operated within the town’s jurisdiction. The Town Board of the Town of ______________hereby opts out of allowing cannabis retail dispensaries from being established and operated within the town’s jurisdiction. The Town Board of the Town of ______________hereby opts out of allowing on-site cannabis consumption sites from being established and operated within the town’s jurisdiction. Attachment: Cannabis Guide for Towns 2021 (RES-2021-147 : Introducing Local Law Opting Out of Licensing & Establishing On-Site Cannabis Association of Towns | 11 Packet Pg. 99 5.4.e Section 4. Severability. If any clause, sentence, paragraph, subdivision, or part of this Local Law or the application thereof to any person, firm or corporation, or circumstance, shall be adjusted by any court of competent jurisdiction to be invalid or unconstitutional, such order or judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, or part of this Local Law or in its application to the person, individual, firm or corporation or circumstance, directly involved in the controversy in which such judgment or order shall be rendered. Section 5. Permissive Referendum/Referendum on Petition This local law is subject to a referendum on petition in accordance with Cannabis Law § 131 and the procedure outlined in Municipal Home Rule Law § 24. Section 5. Effective date. This local law shall take effect immediately upon filing with the Secretary of State. Attachment: Cannabis Guide for Towns 2021 (RES-2021-147 : Introducing Local Law Opting Out of Licensing & Establishing On-Site Cannabis 2021 Cannabis Guide | 12 Packet Pg. 100 5.5 Town of Wappinger Meeting: 11/15/21 07:00 PM 20 Middlebush Road Department: Town Clerk Wappingers Falls, NY 12590 Category: Local Law Intro Prepared By: Joseph P. Paoloni A DOPTED Initiator: MinuteTraq Admin Sponsors: RESOLUTION 2021-148 DOC ID: 5687 Pursuant to Cannabis Law §131 Opting Out of Licensing and Establishing Cannabis Retail Dispensaries within the Town of WHEREAS, pursuant to Cannabis Law § 131, the Town of Wappinger desires to opt-out of hosting on-site cannabis consumption establishments within the boundaries of the Town outside of the Village; and WHEREAS, the Town Board has determined that the proposed adoption of the aforementioned Local Law is a Type I action pursuant to 6 NYCRR § 617.4(b)(2) and it is the only agency having approval jurisdiction over the action therefore it is established as the lead agency; BE IT RESOLVED, that the Town Board hereby introduces for consideration of its adoption pro Cannabis Law §131 Opting Out of Licensing and Establishing Cannabis Retail Dispensaries BE IT FURTHER RESOLVED, that the Town Board hereby schedules a Public Hearing regarding the proposed adoption of the annexed Local Law for 7:00 P.M., on the 13th day of December, 2021, to be held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York, and the Town Clerk is directed to post the Notice of Public Hearing in the form annexed hereto and to publish same in the newspaper not less than ten (10) days nor more than twenty (20) days prior to the Public Hearing as required by law; and BE IT FURTHER RESOLVED, that pursuant to Cannabis Law §131 this Local Law is subject to a permissive referendum. RESULT: ADOPTED \[UNANIMOUS\] MOVER: William H. Beale, Councilman SECONDER: Angela Bettina, Councilwoman AYES: Thurston, Beale, Bettina, Phillips, Casella Updated: 11/12/2021 1:18 PM by Joseph P. Paoloni Page 1 Packet Pg. 101 5.5.a TOWN OF WAPPINGER NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Town Board of the Town of Wappinger will conduct a PUBLIC HEARING at Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on the 13th day of December, 2021, at 7:00 p.m., 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 A Local Law Adopted Pursuant to Cannabis Law §131 Opting Out of Licensing and Establishing Cannabis Retail Dispensaries within the Town of Wappinger outside of any Village PLEASE TAKE FURTHER NOTICE that all persons interested and citizens shall have an opportunity to be heard on said proposed Local Law at the time and place aforesaid. PLEASE TAKE FURTHER NOTICE that the purpose and intent of the proposed Local Law is to allow for the Town of Wappinger to opt-out of hosting on-site cannabis consumption establishments within its boundaries outside of any village. PLEASE TAKE FURTHER NOTICE that, the Town Board has determined that the proposed adoption of the aforementioned Local Law is a Type I action pursuant to 6 NYCRR § 617.4(b)(2) and it is the only agency having approval jurisdiction over the action therefore it is established as the lead agency. PLEASE TAKE FURTHER NOTICE that the adoption of this Local Law is subject to a permissive referendum. PLEASE TAKE FURTHER NOTICE, that a copy of the proposed Local Law is available for review and inspection at the Office of the Town Clerk of the Town of Wappinger, at Town Hall, 20 Middlebush Road, Wappingers Falls, New York between the hours of 8:30 a.m. to 4:00 p.m. on all business days between the date of this notice and the date of the public hearing. Dated: November 15, 2021 Wappingers Falls, New York BY ORDER OF THE TOWN BOARD OF THE TOWN OF WAPPINGER JOSEPH P. PAOLONI, TOWN CLERK Attachment: Notice of Public Hearing -Retail Dispensaries (RES-2021-148 : Introducing Local Law Opting Out of Licensing and Establishing Packet Pg. 102 5.5.b (PROPOSED) LOCAL LAW NO. ____ OF 2021 A Local Law Adopted Pursuant to Cannabis Law §131 Opting Out of Licensing and Establishing Cannabis Retail Dispensaries within the Town of Wappinger outside of any Village. Be it enacted by the Town Board of the Town of Wappinger as follows: Section 1. Legislative Intent It is the intent of this Local Law to opt the Town of Wappinger out of hosting Cannabis Retail Dispensaries within its boundaries that would otherwise be allowed under the New York State Marijuana Regulation and Taxation Act. Section 2. Authority This Local Law is adopted pursuant to Cannabis Law § 131, which expressly authorizes towns to opt-out of allowing Cannabis Retail Dispensaries to locate and operate within the area of the town outside of any village within such town. Section 3. Local Opt-Out for Cannabis Retail Dispensaries The Town Board of the Town of Wappinger, County of Dutchess, hereby opts-out of allowing Cannabis Retail Dispensaries from locating and operating within the boundaries of the Town of Wappinger outside of any village within the Town. In accordance with Cannabis Law § 131(1), the Town requests the Cannabis Control Board to prohibit the establishment of on- site consumption premises licensed pursuant to Article Four of the Cannabis Law within the Town outside of any village. Section 4. Local Law Subject to Permissive Referendum Pursuant to Cannabis Law § 131, this Local Law is subject to a referendum on petition pursuant to Municipal Home Rule Law §24 and the procedure for calling for and holding such referendum shall be in accordance with the law. Section 5. Effective Date This Local Law shall take effect upon filing with the Secretary of State pursuant to Municipal Home Rule Law §27. Attachment: Local Law Retail Dispensary Opt Out (RES-2021-148 : Introducing Local Law Opting Out of Licensing and Establishing Cannabis Packet Pg. 103 7.1 Town of Wappinger Meeting: 11/15/21 07:00 PM 20 Middlebush Road Department: Town Clerk Wappingers Falls, NY 12590 Category: Budget Prepared By: Joseph P. Paoloni A DOPTED Initiator: MinuteTraq Admin Sponsors: RESOLUTION 2021-149 DOC ID: 5685 Resolution Adopting Annual Budget For Fiscal Year 2022 WHEREAS, on October 25, 2021, the Town Board, pursuant to and in accordance with the provisions of Section 106 of the Town Law and other applicable provisions of law, accepted the Preliminary Budget, by Resolution No. 2021-139; and WHEREAS, in accordance with Resolution No. 2021-139, a Public Hearing on the 2022 budget per the adopted Preliminary Budget was held on November 4, 2021 at 7:30 p.m. and all parties in attendance were permitted an opportunity to speak on behalf or in opposition to the proposed Annual Budget for the fiscal year 2022; and WHEREAS, the Town Board has taken into consideration the comments made by the public at the Public Hearing. NOW, THEREFORE, BE IT RESOLVED, that pursuant to and in accordance with the provisions of Section 109 of the Town Law and other applicable provisions of law, the annexed detailed statement of expenditures and revenues of the Town of Wappinger is hereby approved and adopted as the Annual Budget of the Town of Wappinger for the fiscal year beginning January 1, 2022; and BE IT FURTHER RESOLVED, that the Town Clerk is hereby directed to enter the Annual Budget adopted herein in the minutes of the Town Board; and BE IT FURTHER RESOLVED, that the Town Board further directs that the amounts identified in the Annual Budget adopted herein shall be appropriated. RESULT: ADOPTED \[UNANIMOUS\] MOVER: Al Casella, Councilman SECONDER: Angela Bettina, Councilwoman AYES: Thurston, Beale, Bettina, Phillips, Casella Updated: 11/9/2021 11:34 AM by Joseph P. Paoloni Page 1 Packet Pg. 104 7.1.a Attachment: Town of Wappinger Adopted Budget 2022 (RES-2021-149 : Resolution Adopting Annual Budget For Fiscal Year 2022) Packet Pg. 105 7.1.a Attachment: Town of Wappinger Adopted Budget 2022 (RES-2021-149 : Resolution Adopting Annual Budget For Fiscal Year 2022) Packet Pg. 106 7.1.a Attachment: Town of Wappinger Adopted Budget 2022 (RES-2021-149 : Resolution Adopting Annual Budget For Fiscal Year 2022) Packet Pg. 107 7.1.a Attachment: Town of Wappinger Adopted Budget 2022 (RES-2021-149 : Resolution Adopting Annual Budget For Fiscal Year 2022) Packet Pg. 108 7.1.a Attachment: Town of Wappinger Adopted Budget 2022 (RES-2021-149 : Resolution Adopting Annual Budget For Fiscal Year 2022) Packet Pg. 109 7.1.a Attachment: Town of Wappinger Adopted Budget 2022 (RES-2021-149 : Resolution Adopting Annual Budget For Fiscal Year 2022) Packet Pg. 110 7.1.a Attachment: Town of Wappinger Adopted Budget 2022 (RES-2021-149 : Resolution Adopting Annual Budget For 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2022 (RES-2021-149 : Resolution Adopting Annual Budget For Fiscal Year 2022) Packet Pg. 154 7.1.a Attachment: Town of Wappinger Adopted Budget 2022 (RES-2021-149 : Resolution Adopting Annual Budget For Fiscal Year 2022) Packet Pg. 155 7.1.a Attachment: Town of Wappinger Adopted Budget 2022 (RES-2021-149 : Resolution Adopting Annual Budget For Fiscal Year 2022) Packet Pg. 156 7.1.a Attachment: Town of Wappinger Adopted Budget 2022 (RES-2021-149 : Resolution Adopting Annual Budget For Fiscal Year 2022) Packet Pg. 157 7.1.a Attachment: Town of Wappinger Adopted Budget 2022 (RES-2021-149 : Resolution Adopting Annual Budget For Fiscal Year 2022) Packet Pg. 158 7.1.a Attachment: Town of Wappinger Adopted Budget 2022 (RES-2021-149 : Resolution Adopting Annual Budget For Fiscal Year 2022) Packet Pg. 159 7.1.a Attachment: Town of Wappinger Adopted Budget 2022 (RES-2021-149 : Resolution Adopting Annual Budget For Fiscal Year 2022) Packet Pg. 160 7.1.a Attachment: Town of Wappinger Adopted Budget 2022 (RES-2021-149 : Resolution Adopting Annual Budget For Fiscal Year 2022) Packet Pg. 161 7.1.a Attachment: Town of Wappinger Adopted Budget 2022 (RES-2021-149 : Resolution Adopting Annual Budget For Fiscal Year 2022) Packet Pg. 162 7.1.a Attachment: Town of Wappinger Adopted Budget 2022 (RES-2021-149 : Resolution Adopting Annual Budget For Fiscal Year 2022) Packet Pg. 163 7.1.a Attachment: Town of Wappinger Adopted Budget 2022 (RES-2021-149 : Resolution Adopting Annual Budget For Fiscal Year 2022) Packet Pg. 164 7.1.a Attachment: Town of Wappinger Adopted Budget 2022 (RES-2021-149 : Resolution Adopting Annual Budget For Fiscal Year 2022) Packet Pg. 165 7.1.a Attachment: Town of Wappinger Adopted Budget 2022 (RES-2021-149 : Resolution Adopting Annual Budget For Fiscal Year 2022) Packet Pg. 166 7.1.a Attachment: Town of Wappinger Adopted Budget 2022 (RES-2021-149 : Resolution Adopting Annual Budget For Fiscal Year 2022) Packet Pg. 167 7.1.a Attachment: Town of Wappinger Adopted Budget 2022 (RES-2021-149 : Resolution Adopting Annual Budget For Fiscal Year 2022) Packet Pg. 168 7.1.a Attachment: Town of Wappinger Adopted Budget 2022 (RES-2021-149 : Resolution Adopting Annual Budget For Fiscal Year 2022) Packet Pg. 169 7.1.a Attachment: Town of Wappinger Adopted Budget 2022 (RES-2021-149 : Resolution Adopting Annual Budget For Fiscal Year 2022) Packet Pg. 170 7.1.a Attachment: Town of Wappinger Adopted Budget 2022 (RES-2021-149 : Resolution Adopting Annual Budget For Fiscal Year 2022) Packet Pg. 171 7.1.a Attachment: Town of Wappinger Adopted Budget 2022 (RES-2021-149 : Resolution Adopting Annual Budget For Fiscal Year 2022) Packet Pg. 172 7.1.a Attachment: Town of Wappinger Adopted Budget 2022 (RES-2021-149 : Resolution Adopting Annual Budget For Fiscal Year 2022) Packet Pg. 173 7.1.a Attachment: Town of Wappinger Adopted Budget 2022 (RES-2021-149 : Resolution Adopting Annual Budget For Fiscal Year 2022) Packet Pg. 174 7.1.a Attachment: Town of Wappinger Adopted Budget 2022 (RES-2021-149 : Resolution Adopting Annual Budget For Fiscal Year 2022) Packet Pg. 175 7.1.a Attachment: Town of Wappinger Adopted Budget 2022 (RES-2021-149 : Resolution Adopting Annual Budget For Fiscal Year 2022) Packet Pg. 176 7.1.a Attachment: Town of Wappinger Adopted Budget 2022 (RES-2021-149 : Resolution Adopting Annual Budget For Fiscal Year 2022) Packet Pg. 177 7.1.a Attachment: Town of Wappinger Adopted Budget 2022 (RES-2021-149 : Resolution Adopting Annual Budget For Fiscal Year 2022) Packet Pg. 178 7.1.a Attachment: Town of Wappinger Adopted Budget 2022 (RES-2021-149 : Resolution Adopting Annual Budget For Fiscal Year 2022) Packet Pg. 179 7.1.a Attachment: Town of Wappinger Adopted Budget 2022 (RES-2021-149 : Resolution Adopting Annual Budget For Fiscal Year 2022) Packet Pg. 180 7.1.a Attachment: Town of Wappinger Adopted Budget 2022 (RES-2021-149 : Resolution Adopting Annual Budget For Fiscal Year 2022) Packet Pg. 181 7.1.a Attachment: Town of Wappinger Adopted Budget 2022 (RES-2021-149 : Resolution Adopting Annual Budget For Fiscal Year 2022) Packet Pg. 182 Attachment: Town of Wappinger Adopted Budget 2022 (RES-2021-149 : Resolution Adopting Annual 7.1.a Packet Pg. 183 Attachment: Town of Wappinger Adopted Budget 2022 (RES-2021-149 : Resolution Adopting Annual 7.1.a Packet Pg. 184 7.3 Town of Wappinger Meeting: 11/15/21 07:00 PM 20 Middlebush Road Department: Town Clerk Wappingers Falls, NY 12590 Category: Budget Prepared By: Joseph P. Paoloni A DOPTED Initiator: MinuteTraq Admin Sponsors: RESOLUTION 2021-138 DOC ID: 5676 Resolution Adopting Capital Budgets, O&M Charges And Water/Sewer Rates And Rents For Special Districts And Special Improvement Areas For Fiscal Year 2022 WHEREAS, on September 27, 2021, the Town Board, pursuant to and in accordance with the provisions of Sections 198 and 202-a of the Town Law and other applicable provisions of law, scheduled a Public Hearing on the Proposed Capital Budgets and Proposed O&M Charges Water/Sewer Rates and Rents for Special Districts and Special Improvement Areas for Fiscal Year 2022; and WHEREAS, the Town Board conducted a Public Hearing on October 25, 2021 at 7:30 p.m. and all parties in attendance were permitted an opportunity to speak on behalf or in opposition to the proposed Capital Budgets and proposed O&M Charges Water/Sewer Rates and Rents for Special Districts and Special Improvement Areas for the fiscal year 2022; and WHEREAS, the Town Board has taken into consideration the comments made by the public at the Public Hearing. NOW, THEREFORE, BE IT RESOLVED, that pursuant to and in accordance with the provisions of Sections 198 and 202-a of the Town Law and other applicable provisions of law, the annexed detailed statement of the Capital Budgets and O&M Charges Water/Sewer Rates and Rents for Special Improvement Districts and Special Improvement Areas of the Town of Wappinger is hereby approved and adopted as the Capital Budgets and O&M Charges Water/Sewer Rates and Rents of the Town of Wappinger for the fiscal year beginning January 1, 2022; and BE IT FURTHER RESOLVED, that the Town Clerk is hereby directed to enter the aforementioned budgets adopted herein in the minutes of the Town Board. HISTORY: 10/25/21 Town Board TABLED Next: 11/04/21 11/04/21 Town Board TABLED Next: 11/15/21 RESULT: ADOPTED \[UNANIMOUS\] MOVER: Angela Bettina, Councilwoman SECONDER: Christopher Phillips, Councilman AYES: Thurston, Beale, Bettina, Phillips, Casella Updated: 10/7/2021 2:22 PM by Joseph P. Paoloni Page 1 Packet Pg. 185 7.6 Town of Wappinger Meeting: 11/15/21 07:00 PM 20 Middlebush Road Department: Town Clerk Wappingers Falls, NY 12590 Category: Budget Prepared By: Joseph P. Paoloni A DOPTED Initiator: MinuteTraq Admin Sponsors: RESOLUTION 2021-150 DOC ID: 5688 Resolution Authorizing Transfer Of Funds WHEREAS, the Town Comptroller has reviewed the 2021 Budget and has determined that certain budgetary transfers are needed due to unanticipated expenses; and WHEREAS, the Town Board has agreed that it is in the best interest of the Town to make the transfers requested; NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby authorizes the following budget line transfers to meet the current budgetary needs: Fund Balance Amount From Description To Line Description Line $1,000 A0917 Fund Balance A 7110.459 A Sgt. Mark Palmateer Park Fiscal $1,450 A0917 Fund Balance 1380.400 A Agents Fee MTA Payroll Tax $1,250 A0917 Fund Balance 1980.400 A Hospital & Medical Special Events $93,000 A0917 Fund Balance 9060.800 A Equipment Clay HVAC $400 A0917 Fund Balance 7550.200 A Maintenance OCIS Chargeback $6,400 A0917 Fund Balance 7110.431 A Recycle Center Personnel $24,250 A0917 Fund Balance 1620.453 A Disability Insurance Drug/Alcohol $29,000 A0917 Fund balance 1680.401 A Assist Fiscals Agents Fee $7,750 A0917 Fund Balance 8160.100 B $300 B0915 Fund Balance 9055.800 DB $200 DB0915 Fund Balance 9089.800 DB $10,500 DB0915 Fund Balance 1380.400 RESULT: ADOPTED \[UNANIMOUS\] MOVER: William H. Beale, Councilman SECONDER: Angela Bettina, Councilwoman AYES: Thurston, Beale, Bettina, Phillips, Casella Updated: 11/12/2021 2:18 PM by Joseph P. Paoloni Page 1 Packet Pg. 186 7.7 Town of Wappinger Meeting: 11/15/21 07:00 PM 20 Middlebush Road Department: Town Clerk Wappingers Falls, NY 12590 Category: Correspondence Prepared By: Joseph P. Paoloni A DOPTED Initiator: MinuteTraq Admin Sponsors: RESOLUTION 2021-151 DOC ID: 5692 Correspondence Log Correspondence Log NOW, THEREFORE, BE IT RESOLVED, that the letters and communications itemized on the attached Correspondence Log are hereby accepted and placed on file in the Office of the Town Clerk. RESULT: ADOPTED \[UNANIMOUS\] MOVER: Angela Bettina, Councilwoman SECONDER: Al Casella, Councilman AYES: Thurston, Beale, Bettina, Phillips, Casella Updated: 11/12/2021 3:52 PM by Joseph P. Paoloni Page 1 Packet Pg. 187 7.7.a Attachment: 2021-11-15 (RES-2021-151 : Correspondence Log) Packet Pg. 188 7.7.a Attachment: 2021-11-15 (RES-2021-151 : Correspondence Log) Packet Pg. 189 7.7.a Attachment: 2021-11-15 (RES-2021-151 : Correspondence Log) Packet Pg. 190 7.7.a Attachment: 2021-11-15 (RES-2021-151 : Correspondence Log) Packet Pg. 191 7.7.a Attachment: 2021-11-15 (RES-2021-151 : Correspondence Log) Packet Pg. 192 7.7.a Attachment: 2021-11-15 (RES-2021-151 : Correspondence Log) Packet Pg. 193 7.7.a Attachment: 2021-11-15 (RES-2021-151 : Correspondence Log) Packet Pg. 194 7.7.a Attachment: 2021-11-15 (RES-2021-151 : Correspondence Log) Packet Pg. 195 7.7.a Attachment: 2021-11-15 (RES-2021-151 : Correspondence Log) Packet Pg. 196 7.7.a Attachment: 2021-11-15 (RES-2021-151 : Correspondence Log) Packet Pg. 197 7.7.a Attachment: 2021-11-15 (RES-2021-151 : Correspondence Log) Packet Pg. 198