LL #06-2003NEW YORK STATE DEPARTMENT OF STATE
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.
of WAPPINGER
Town
Local Law No. # 6 of the year 20 03
A local law (Insert Title) entitled "Local Law # 6 of 2003, amending the Town Code,
Section 240-20, Required Street Frontage and Section 217-12, Phase H. -
Preparation of Preliminary Plat and Construction Plans."
Be it enacted by the TOWN BOARD of the
(Name of Legislative Body)
of WAPPINGER as follows:
Town
TEXT COMMENCES ON NEXT PAGE
(If additional space is needed, attach pages the same size as this sheet, and number each.)
DOS -239 (Rev. 11/99)
LOCAL LAW # 6 OF THE YEAR 2003
A Local Law entitled "Local Law # 6 of 2003, amending the Town Code, Section 240-
20, Required Street Frontage and Section 217-12, Phase IT Preparation of Preliminary
Plat and Construction Plans."
BE IT ENACTED by the Town Board of the Town of Wappinger as follows:
Section 1: Title
This Local Law shall be known and cited as "Local Law # 6 of 2003, amending the
Town Code, Section 240-20, Required Street Frontage and Section 217-12, Phase IT
Preparation of Preliminary Plat and Construction Plans."
Section 2: Legislative Intent
The intent of the proposed Local Law is to 1) clarify the application of the minimum
frontage requirement vis -A -vis flag lots in so far as to plainly state that the "pole" portion
of a flag lot, i.e. that portion of the lot connecting the flag or main portion of the lot to the
street, shall maintain a minimum width of fifty feet for its entire length and 2) limit -the
timeframe to five years in which approval of a preliminary plat can be extended.
Section 3: § 240-20, Access and Required Street Frontage, of the Zoning Law shall
be revised to read as follows:
"§ 240-20. Access and required street frontage.
A. Minimum frontage required. No building permit shall be issued for the
establishment of any use or construction of any structure unless the street or
highway giving access to said use or structure has been suitably improved to
town road standards or a bond posted therefor, in accordance with the
provisions of §§ 280-a.1 and 2 of the Town Law. Further, for the purposes
of this paragraph, "access" shall mean that the lot on which said use or
structure is proposed has frontage on said street or highway sufficient to allow
the ingress and egress of fire trucks, ambulances, police cars and other
emergency vehicles in accordance with the provisions of § 280-a.5 of the
Town Law. Said lot frontage shall be at least fifty (50) feet in length and the
actual access to said use or structure shall be over said frontage.
B. Flag and radial lots. A lot may derive its street frontage and access by means
of a strip of land connecting the street and the main portion of the lot provided
that no portion of said access and frontage strip of land shall be less than fifty
(50) feet wide. The front yard setback of such a flag lot shall be measured
from the rear lot line of the lot between the flag lot and the street on which it
has frontage. In the case of a lot with radial or angled side lot lines, the front
2
yard setback shall be established where the lot meets the minimum lot width
requirement when measured parallel to the street from which the lot derives
access."
Section 4: Chapter 217, Subsection 12.K, Phase II.- Preparation of Preliminary Plat
and Construction Plans, shall be revised to read as follows:
"J. Expiration and extensions of preliminary plat approval. Approval of a
preliminary plat shall expire six (6) months from the date of the resolution
granting that approval. if no application for final approval is submitted
within such period. However, the time limit specified above may be
extended by the Planning Board for good cause shown upon the written
request of the owner of the property or a duly authorized agent made at
least thirty (30) days before the expiration of approval. Extensions of
preliminary subdivision plat approval shall not exceed one (1) year for each
extension. In no case shall preliminary plat approval be extended beyond
five (5) years from the date of original approval."
Section 5.
Except as specifically modified by the Amendments contained herein, the Zoning Law of
the Town of Wappinger as adopted by Local Law No. 5 of 1990 and amended from time
to time thereafter is otherwise to remain in full force and effect and is otherwise ratified,
readopted and confirmed.
Section 6: 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 petition to other persons
or circumstances. It is hereby declared to be the legislative intent that this Local law
would have been adopted if such illegal, invalid or unconstitutional provision, clause,
sentence, subsection, word or part had not been included therein, and if such person or
circumstance to which the Local Law or part hereof is held inapplicable had been
specifically exempt there from.
Section 7: Effective Date
This Local Law shall take effect immediately upon adoption and filing with the Secretary
of State as provided by the Municipal Home Rule Law.
jAdocs2\500\wappinger\zone amendments\frontage.locallaw.lkb.doc
3
(Complete the certification in the paragraph that applies to the filing of this local law and strikeout that
which is not applicable).
1. (Final adoption by local legislative body only).
I hereby certify that the local law annexed hereto, designated as local law No
of the Town of Wappinger was duly passed by the _
April 28, 2003, in accordance with the applicable provisions of law.
(Name of Legislative Body)
116
Town Board
of 2003
on
2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the
Elective Chief Executive Officer*.
I hereby certify that the local law annexed hereto, designated as local law No. of 2003
of the (County) (City) (Town) (Village) of was duly passed by the
on 2003, and was (approved) (not approved) (repassed after
(Name of Legislative Body)
disapproval) by the and was deemed duly adopted on 2003,
(Elective Chief Executive Officer*)
in accordance with the applicable provisions of law.
3. (Final adoption by referendum).
I hereby certify that the local law annexed hereto, designated as local law No. of 2003
of the (County) (City) (Town) (Village) of was duly passed by the
on 2003, and was (approved) (not approved) (repassed after
(Name of Legislative Body)
disapproval) by the on 2003. Such local law was submitted
(Elective Chief Executive Officer*)
to the people by reason of a (mandatory) (permissive) referendum, and received the affirmative vote of a
majority of the qualified electors voting thereon at the (general) (special) (annual) election held on
2003, in accordance with the applicable provisions of law.
4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting
referendum).
I hereby certify that the local law annexed hereto, designated as local law No. of 2003
of the (County) (City) (Town) (Village) of was duly passed by the
on 2003, and was (approved) (not approved) (repassed after
(Name of Legislative Body)
disapproval) by the on 2003. Such local law was subject to
(Elective Chief Executive Officer*)
permissive referendum and no valid petition requesting such referendum was filed as of
2003, in accordance with the applicable provisions of law.
*Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a
county -wide basis or, if there be none, the chairperson of the county legislative body, the mayor of a city
or village, or the supervisor of a town where such officer is vested with the power to approve or veto local
laws or ordinances.
5. (City local law concerning Charter revision proposed by petition).
I hereby certify that the local law annexed hereto, designated as local law No.
of 2003
of the City of having been submitted to referendum pursuant to the provisions of
section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote of a majority
of the qualified electors of such city voting thereon at the (special)(general) election held on
2003, became operative.
6. (County local law concerning adoption of Charter).
I hereby certify that the local law annexed hereto, designated as local law No. of 2003
of the County of State of New York, having been submitted to the electors
at the General Election of November 2003, pursuant to subdivisions 5 and 7 of section 33 of
the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified
electors of the cities of said county as a unit and a majority of the qualified electors of the towns of said
county considered as a unit voting at said general election, became operative.
If any other authorized form of final adoption has been followed, please provide an appropriate
certification).
I further certify that I have compared the preceding local law with the original on file in this office and
that the same is a correct transcript therefrom and of the whole of such original local law, and was finally
adopted in the manner indicated in paragraph t , abovQ, i ze C���
:7 . ,
or Village Clerk
or officer designated byloSK legislativroay
GLORIA MO E, T CLERK, 11
(Seal) Date: 2003
(Certification to be executed by County Atto , Corporation Counsel, Town Attorney, Village Attorney
or other authorized attorney of locality).
STATE OF NEW YORK
COUNTY OF Dutchess
I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper
proceedings have been had or taken for the enactme� al law a o.
Signature
ALBERT P. ROBERTS, ATTORNEY TO TOWN
Title
Town of WAPPINGER
Village
Date: ZP . 2003
j:\docs2\500\wappinger\wap3-005.lkb.doc:ev
•14-16-2(9/95)-7c SEQR
617.20
Appendix A
State Environmental Quality Review
FULL ENVIRONMENTAL ASSESSMENT FORM
Purpose: The full EAF is designed to help applicants and agencies determine, in an orderly manner, whether a
project or action may be significant. The question of whether an action may be significant is not always easy to
answer. Frequently, there are aspects of a project that are subjective or unmeasurable. It is also understood that
those who determine significance may have little or no formal knowledge of the environment or may be technically
expert in environmental analysis. In addition, many who have knowledge in one particular area may not be aware
of the broader concerns affecting the question of significance.
The full EAF is intended to provide a method whereby applicants and agencies can be assured that the
determination process has been orderly, comprehensive in nature, yet flexible to allow introduction of information
to fit a project or action.
Full EAF Components: The full EAF is comprised of three parts:
Part 1: Provides objective data and information about a given project and its site. By identifying basic
project data, it assists a reviewer in the analysis that takes place in Parts 2 and 3.
Part 2: Focuses on identifying the range of possible impacts that may occur from a project or action. It
provides guidance as to whether an impact is likely to be considered small to moderate or whether
it is a potentially large impact. The form also identifies whether an impact can be mitigated or
reduced.
Part 3: If any impact in Part 2 is identified as potentially large, then Part 3 is used to evaluate whether or
not the impact is actually important.
DETERMINATION OF SIGNIFICANCE - Type 1 and Unlisted Actions
Identify the Portions of EAF completed for this project: ■ Part 1 ■ Part 2 ❑ Part 3
Upon review of the information recorded on this EAF (Parts 1 and 2 and 3 if appropriate), and any other supporting
information, and considering both the magnitude and importance of each impact, it is reasonable determined by the
lead agency that:
■ A. The Project will not result in any large and important impact(s) and, therefore, is one which will not have
a significant impact on the environment, therefore a negative declaration will be prepared.
❑ B. Although the project could have a significant effect on the environment, there will not be a significant
effect for this Unlisted Action because the mitigation measures described in PART 3 has been required,
therefore a CONDITIONED negative declaration will be prepared.*
❑ C. The project may result in one or more large and important impacts that may have a significant impact on
the environment, therefore a positive declaration will be prepared.
A Conditioned Negative Declaration is only valid for Unlisted Actions
Local Law Amending the Town of Wappinger Town Code with Respect to Required Street Frontage
and Limitations to Extensions of Preliminary Plat Approval
Town of
Joseph Ruggiero
e
Town Board
Agency
Supervisor
Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer
Signature of Responsible Officer in Lead Agency Signature of Preparer (if different from
responsible officer)
PART 1 - PROJECT INFORMATION
Prepared by Project Sponsor
NOTICE: This document is designed to assist in determining whether the action proposed may have a significant
effect on the environment. Please complete the entire Form, Parts A through E. Answers to these questions will
be considered as part of the application for approval and may subject to further verification and public review.
Provide any additional information you believe will be needed to complete Parts 2 and 3.
It is expected that completion of the full EAF will be dependent on information currently available and will not
involve new studies, research or investigation. If information requiring such additional work is unavailable, so
indicate andspecify each instance.
NAME OF Local Law Amending the Town of Wappinger Town Code with Respect to Required Street
Frontage
LOCATION OF ACTION (include Street Address, Municipality and County)
Town of Wappinger, Dutchess County
NAME OF APPLICANT/SPONSOR BUSINESS TELEPHONE
Town of Wappinger Town Board 845 297-2744
ADDRESS
Town Hall, 20 Middlebush Road, P. O. Box 324
CITY/PO STATE ZIP CODE
Wa in ers N.Y. 12590-0324
NAME OF OWNER (if different) BUSINESS TELEPHONE
*N.A.
ADDRESS
CITY/PO STATE ZIP CODE
DESCRIPTION OF ACTION: The Town Board of the Town of Wappinger has determined that the Town Code,
Section 240-20, Required Street Frontage and Section 217-12, Phase Il: Preparation of Preliminary Plat
and Construction Plans, should be respectively amended and revised to: 1) clarify the application of
the minimum frontage requirement vis-a-vis flag lots in so far as to plainly state that no portion of
access to a lot and/or a frontage strip of land for a lot shall be less than fifty (50) feet wide, and 2) to
limit the timeframe to five years in which approval of a preliminary plat can be extended (the "Proposed
Action").
Please Complete Each Question - Indicate N.A. if not applicable
A. Site Description — N.A.
Physical setting of overall project, both developed and undeveloped areas.
1. Present land use: ❑ Urban ❑Industrial ❑ Commercial ❑ Residential (suburban) ❑ Rural (non-farm)
❑ Forest ❑ Agriculture ❑Other
2. Total acreage of project area: acres:
APPROXIMATE ACREAGE
PRESENTLY AFTER COMPLETION
Meadow or Brushland (Non-agricultural)
acres
acres
Forested
acres
acres
Agricultural (includes orchards, cropland, pasture, etc.)
acres
acres
Wetland (Freshwater or tidal as per Article 24, 25 of ECL)
acres
acres
Water Surface Area
acres
acres
Unvegetated (Rock, earth or fill)
acres
acres
Roads, Buildings and Other Paved Surfaces
acres
acres
Other (Indicate type)
acres
acres
3. What is predominant soil type(s) on project site?
a. Soil drainage ❑ Well drained % of site
❑ Moderately well drained
% of site
❑ Poorly drained % of site
b. If any agricultural land is involved, how many acres of soil are classified within soil group 1
through 4 of the
NYS Land Classification System? acres.
(See 1 NYCRR 370)
4. Are there bedrock outcroppings on the project site? ❑ Yes ❑ No
a. What is depth to bedrock? (in feet)
5. Approximate percentage of proposed project site with slopes: ❑ 0-10% % 1310-15% %
❑ 15% or greater _%
6. Is project substantially contiguous to, or contain a building, site, or district, listed on the State or the National
Registers of Historic Places? ❑ Yes ❑ No
7. Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? ❑ Yes ❑
No
8. What is the depth of the water table? (in feet)
9. Is site located over a primary, principal or sole source aquifer? ❑ Yes ❑ No
10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? ❑ Yes ❑ No
11
Does project site contain any species of plant or animal life that is identified as threatened or endangered?
❑ Yes ❑ No According to
Identify each species
12. Are there any unique or unusual land forms on the project site? (i.e., cliffs, dunes, other geological formations)
❑ Yes ❑ No Describe
13. Is the project site presently used by the community or neighborhood as an open space or recreation area?
❑ Yes ❑ No If yes, explain
14. Does the present site include scenic views known to be important to the community?
❑ Yes ❑ No
15. Streams within or contiguous to project area:
a. Name of Stream and name of River to which it is tributary
16. Lakes, ponds, wetland areas within or contiguous to project area:
a. Name b. Size (In acres)
17. Is the site served by existing public utilities? ❑ Yes ❑ No
a. If Yes, does sufficient capacity exist to allow connection? ❑ Yes ❑ No
b. If yes, will improvements be necessary to allow connection? ❑ Yes ❑ No
18. Is the site located in an agricultural district certified pursuant to Agriculture and Market Law, Article 25 -AA
Section 303 and 304? ❑ Yes ❑ No
19. Is the site located in or substantially contiguous to a Critical Environmental Area designated pursuant to Article
8
of the ECL, and 6 NYCRR 617? ❑ Yes ❑ No
20. Has the site ever been used for the disposal of solid or hazardous waste? ❑ Yes ❑ No
B. Project Description - N.A., EXCEPT FOR #24 AND #25
1. Physical dimensions and scale of project (fill in dimensions as appropriate)
a. Total contiguous acreage owned or controlled by project sponsor acres.
b. Project acreage to be developed acres initially;
ultimately.
c. Project acreage to remain undeveloped acres.
d. Length of project, in miles (if appropriate)
e. If the project is an expansion, indicate percent of expansion proposed %
f. Number of off-street parking spaces existing ; proposed
g. Maximum vehicular trips generated per hour (upon completion of project)?
h. If residential: Number and type of housing units:
One Family Two Family Multiple Family Condominium
Initially
Ultimately
i. Dimensions (in feet) of largest proposed structure height; width; length.
j. Linear feet of frontage along a public thoroughfare project will occupy is? ft.
acres
2.. How much natural material (i.e. rock, earth, etc.) will be removed from the site? ton/cubic yards
3. Will disturbed areas be reclaimed? ❑ Yes ❑ No ❑ N.A.
a. If yes, for what intended purpose is the site being reclaimed?
b. Will topsoil be stockpiled for reclamation? ❑ Yes ❑ No
c. Will upper subsoil be stockpiled for reclamation? ❑ Yes ❑ No
4. How many acres of vegetation (trees, shrubs, ground covers) will be removed from site? acres.
5. Will any mature forest (over 100 years old) or other locally -important vegetation be removed by this project?
❑Yes ❑ No
6. If single phased project: Anticipated period of construction months, (including demolition).
7. If multi -phased:
a. Total number of phases anticipated (number).
b. Anticipated date of commencement phase 1 month year, (including demolition).
c. Approximate completion date of final phase month year.
d. Is phase 1 functionally dependent on subsequent phases? ❑ Yes ❑ No
B. Will blasting occur during construction? ❑ Yes ❑ No
9. Number of jobs generated: during construction ; after project is complete
10. Number of jobs eliminated by this project
11. Will project require relocation of any projects or facilities? ❑ Yes ❑ No If yes, explain
12. is surface liquid waste disposal involved? ❑ Yes ❑ No
a. If yes, indicate type of waste (sewage, industrial, etc.) and amount
b Name of water body into which effluent will be discharges
13. Is subsurface liquid waste disposal involved? ❑ Yes ❑ No Type
14. Will surface area of an existing water body increase or decrease by proposal? ❑ Yes ❑ No
Explain
15. Is project or any portion of project located in a 100 year flood plain? ❑ Yes ❑ No
16. Will the project generate solid waste? ❑ Yes ❑ No
a. If yes, what is the amount per month tons
b. If yes, will an existing solid waste facility be used? ❑Yes ❑ No
c. If yes, give name ; location
d. Will any waste not go into a sewage disposal system or into a sanitary landfill? ❑ Yes ❑ No
e. If Yes, explain
17. Will the project involve the disposal of solid waste? ❑ Yes ❑ No
a. If yes, what is the anticipated rate of disposal? tons/month.
b. If yes, what is the anticipated site life? years.
18. Will project use herbicides or pesticides? ❑ Yes ❑ No
19. Will project routinely produce odors (more than one hour per day?) ❑ Yes ❑ No
20. Will project produce operating noise exceeding the local ambient noise levels? ❑ Yes ❑ No
21. Will project result in an increase in energy use? ❑ Yes o No
If yes, indicate type(s)
22. If water supply is from wells, indicate pumping capacity gallons/minute.
23. Total anticipated water usage per day gallons/day.
24. Does project involve Local, State or Federal funding? ❑ Yes ENO
If yes, explain
25. Approvals Required:
Town Board
■Yes
❑ No
City, Town, Village Planning Board
❑ Yes
ONO
City, Town, Zoning Board
❑ Yes
ONO
City, County Health Department
❑ Yes
ONO
Other Local Agencies
❑ Yes
ONO
Other Regional Agencies
❑Yes
■No
State Agencies
❑ Yes
ONO
Federal Agencies
❑ Yes
ONO
Type
Submittal
Date
Amendment to Town Code
Advisory Recommendations Only
On Amendment
C. Zoning and Planning Information — N.A., EXCEPT FOR #1
1. Does proposed action involve a planning or zoning decision? ■ Yes ❑ No
If yes, indicate decision required:
■zoning amendment ❑ zoning variance ❑ special use permit ❑ subdivision ❑ site plan
❑new/revision of master plan ❑ resource management plan ■ other Amendment to Subdivision Regs
2. What is the zoning classifications) of the site?
3. What is the maximum potential development of the site if developed as permitted by the present zoning?
4. What is the proposed zoning of the site?
5. What is the maximum potential development of the site if developed as permitted by the proposed zoning?
6. Is the proposed action consistent with the recommended uses in adopted local land use plans? ❑ Yes ❑
No
7. What are the predominant land use(s) and zoning classification within a 1/4 mile radius of proposed action?
8. Is the proposed action compatible with adjoining/surrounding land uses within a 1/4 mile7 uYes u rw
9. If the proposed action is the subdivision of land, how many lots are proposed?
a. What is the minimum lot size proposed?
10. Will proposed action require any authorization(s) for the formation of sewer or water districts?
No
❑ Yes ❑
11. Will the proposed action create a demand for any community provided services (recreation, education, police,
fire protection)? ❑ Yes ONO
a. If yes, is existing capacity sufficient to handle projected demand? ❑ Yes ❑ No
12. Will the proposed action result in the generation of traffic significantly above present levels? ❑ Yes ❑No
a. If yes, is the existing road network adequate to handle the additional traffic? ❑Yes ONO
D. Informational Details — SEE ATTACHMENT
Attach any additional information as may be needed to clarify your project. If there are or may be any adverse
impacts associated with your proposal, please discuss such impacts and the measures which you propose to
mitigate or avoid them.
E. Verification
I certify that the information provided above is true to the best of my knowledge.
ApplicanttSponsor Name Town of Wappinger Town Board Date March 21 003
Signature Title Vice President/Planning
. Daniel K. Wery, AICP, Consultant to the Town Frederick P. Clark Associates, Inc.
Part 2 -PROJECT IMPACTS AND THEIR MAGNITUDE
Responsibility of Lead Agency
General Information (Read Carefully)
In completing the form the reviewer should be guided by the question: Have my responses and
determinations been reasonable? The reviewer is not expected to be an expected to be an expert
environmental analyst.
Identify that an impact will be potentially large (column 2) does not mean that it is also necessarily
significant. Any large impact must be evaluated in Part 3 to determine significance. Identifying an impact
in column 2 simply asks that it be looked at further.
The Examples provided are to assist the reviewer by showing types of impacts and wherever possible the
threshold of magnitude that would trigger a response in column 2. The responses are generally applicable
throughout the State and for most situations. But, for any specific project or site other examples and/or
lower thresholds may be appropriate for a Potential Large Impact response, thus requiring evaluation in
Part 3.
The impacts of each project, on each site, in each locality, will vary. Therefore, the examples are
illustrative and have been offered as guidance. They do not constitute an exhaustive list of impacts and
thresholds to answer each question.
The number of examples per question does not indicate the importance of each question.
*in identifying impacts, consider long term and cumulative effects.
Instructions (Read carefully)
a. Answer each of the 19 questions in PART 2. Answer Yes if there will be any impact.
91
lei
e.
Maybe answers should be considered as Yes answers.
If answering yes to a question then check the appropriate box (column 1 or 2) to indicate the potential size
of the impact. If impact threshold equals or exceeds any example provided, check column 2. If impact will
occur but threshold is lower than example, check column 1.
If reviewer has doubt about size of the impact then consider the impact as potentially large and proceed to
PART 3.
If a potentially large impact checked in column 2 can be mitigated by change(s) in the project to a small to
moderate impact, also check the Yes box in column 3. A No response indicates that such a reduction is
not possible. This must be explained in Part 3.
1 2 3
IMPACT ON LAND
1. Will the proposed action result in a physical change to the project ssite❑site?
YES
Examples that would apply to column 2
• Any construction on slopes of 15% or greater, (15 foot rise per 100
foot of length), or where the general slopes in the project area exceed
10%.
• Construction on land where the depth to the water table is less than
3 feet.
• Construction of paved parking area for 1,000 or more vehicles.
• Construction on land where bedrock is exposed or generally within
3 feet of existing ground surface.
• Construction that will continue for more than 1 year or involve more
than one phase or stage.
• Excavation for mining purposes that would remove more than 1,000
tons of natural material (i.e., rock or soil) per year.
• Construction or expansion of a sanitary landfill.
• Construction in a designated floodway.
• Other impacts
2. Will there be an effect to any unique or unusual land forms founo on
the site? (i.e., cliffs, dunes, geological formations, etc.) ENO ❑ YES
• Specific land forms:
Small to
Moderate
Impact
Potential
Large
Impact
Can Impact Be
Mitigated By
Project Change
❑
❑
DYES ❑ NO
❑
❑
DYES ❑ NO
❑
❑
DYES ❑ NO
❑
❑
DYES ❑ NO
❑
❑
DYES ❑ NO
❑
❑
DYES ❑ NO
❑
❑
DYES ❑ NO
❑
❑
DYES ❑ NO
❑
❑
DYES ❑ NO
❑
❑
DYES ❑ NO
IMPACT ON WATER
3. Will proposed action affect body designated as protected?
(Under Articles 15,24,25 of the Environmental Conservation Law, ECL)
■ NO ❑ YES
Examples that would apply to column 2
• Developable area of site contains a protected water body.
• Dredging more than 100 cubic yards of material from channel of a
protected stream.
• Extension of utility distribution facilities through a protected water body.
Construction in a designated freshwater or tidal wetland.
• Other impacts:
4. Will proposed action affect any non -protected existing or new ooay.
of water? ENO ❑ YES
Examples that would apply to column 2
• A 10% increase or decrease in the surface area of any body of water
or more than a 10 acre increase or decrease.
• Construction of a body of water that exceeds 10 acres of surface area.
• Other impacts:
5. Will Proposed Action affect surface or groundwater
quality or quantity? ■NO ❑ YES
Examples that would apply to column 2
• Proposed Action will require a discharge permit.
• Proposed Action requires use of a source of water that does not
have approval to serve proposed (project) action.
• Proposed Action requires water supply from wells with greater than 45
gallons per minute pumping capacity.
• Construction or operation causing any contamination of a water
supply system.
• Proposed Action will adversely affect groundwater.
• Liquid effluent will be conveyed off the site to facilities which presently
do not exist or have inadequate capacity.
Proposed Action would use water in excess of 20,000 gallons per
day.
• Proposed Action will likely cause siltation or other discharge into an
existing body of water to the extent that there will be an obvious visual
contrast to natural conditions.
• Proposed Action will require the storage of petroleum or chemical
products greater than 1,100 gallons.
• Proposed Action will allow residential uses in areas without water
and/or sewer services.
• Proposed Action locates commercial and/or industrial uses which may
require new or expansion of existing waste treatment and/or storage
facilities.
• Other impacts:
6. Will proposed action alter drainage flow or patterns, or surface
water runoff? ENO ❑ YES
Examples that would apply to column 2
• Proposed Action would change flood water flows.
• Proposed Action may cause substantial erosion.
• Proposed Action is incompatible with existing drainage patterns.
• Proposed Action will allow development in a designated floodway.
• Other impacts:
1
Small to
Moderate
Impact
2
Potential
Large
Impact
3
Can Impact Be
Mitigated By
Project Change
❑
❑
DYES ❑ NO
❑
❑
DYES ❑ NO
❑
❑
DYES ❑ NO
❑
❑
DYES ❑ NO
❑
❑
DYES ❑ NO
❑
❑
DYES ❑ NO
❑
❑
DYES ❑ NO
❑
❑
DYES ❑ NO
❑
❑
DYES ❑ NO
❑
❑
DYES ❑ NO
❑
❑
DYES ❑ NO
❑
❑
DYES ❑ NO
❑
❑
DYES ❑ NO
❑
❑
❑YES ❑ NO
❑
❑
DYES ❑ NO
❑
❑
DYES ❑ NO
❑
❑
DYES ❑ NO
❑
❑
DYES ❑ NO
❑
❑
DYES ❑ NO
❑
❑
DYES ❑ NO
❑
❑
DYES ❑ NO
❑
❑
DYES ❑ NO
❑
❑
DYES ❑ NO
❑
❑
DYES ❑ NO
❑
❑
DYES ❑ NO
IMPACT ON AIR
7. Will proposed action affect air quality? ENO ❑ YES
Examples that would apply to column 2
• Proposed Action will induce 1,000 or more vehicle trips in any given
hour.
• Proposed Action will result in the incineration of more than 1 ton of
refuse per hour.
• Emission rate of total contaminants will exceed 5 lbs. per hour or a
heat source producing more than 10 million BTU's per hour.
• Proposed action will allow an increase in the amount of land committed
to industrial use.
• Proposed action will allow an increase in the density of industrial
development within existing industrial areas.
• Other impacts:
IMPACT ON PLANTS AND ANIMALS
8. Will Proposed Action affect any threatened or endangered
NO ❑YES
species?
Examples that would apply to column 2
• Reduction of one or more species listed on the New York or Federal
list, using the site, over or near site or found on the site.
• Removal of any portion of a critical or significant wildlife habitat.
• Application of pesticide or herbicide more than twice a year, other
than for agricultural purposes.
Other impacts:
9. Will Proposed Action substantially affect non -threatened or❑YES
non -endangered species? ENO
Examples that would apply to column 2
• Proposed Action would substantially interfere with any resident or
migratory fish, shellfish or wildlife species.
• Proposed Action requires the removal of more than 10 acres
of mature forest (over 100 years of age) or other locally important
vegetation.
IMPACT ON AGRICULTURAL LAND RESOURCES
10. Will the Proposed Action affect agricultural land resources?
OYES
Examples that would apply to column 2
• The proposed action would sever, cross or limit access to agricultural
land (includes cropland, hayfields, pasture, vineyard, orchard, etc.
• Construction activity would excavate or compact the soil profile of
agricultural land.
• The proposed action would irreversibly convert more than 10 acres
of agricultural land or, if located in an Agricultural District, more
than 2.5 acres of agricultural land.
• The proposed action would disrupt or prevent installation of agricultural
land management systems (e.g., subsurface drain lines, outlet ditches,
strip cropping); or create a need for such measures (e.g. cause a farm
field to drain poorly due to increased runoff)
• Other impacts:
1
Small to
Moderate
Impact
2
Potential
Large
Impact
3
Can Impact Be
Mitigated By
Project Change
❑
❑
❑YES ❑ NO
❑
❑
OYES ❑ NO
❑
❑
OYES ❑ NO
❑
❑
❑YES ❑ NO
❑
❑
❑YES ❑ NO
❑
❑
OYES ❑ NO
❑
❑
OYES ❑ NO
❑
❑
OYES ❑ NO
❑
❑
❑YES ❑ NO
❑
❑
❑YES ❑ NO
❑
❑
❑YES ❑ NO
❑
❑
❑YES ❑ NO
❑
Cl
OYES ❑ NO
❑
❑
OYES ❑ NO
❑
❑
OYES ❑ NO
❑
❑
❑YES ❑ NO
❑
❑
OYES ❑ NO
IMPACT ON AESTHETIC RESOURCES
11. Will proposed action affect aesthetic resources? ONO ❑ YES
(If necessary, use the Visual EAF Addendum in Section 617.21,
Appendix B.)
Examples that would apply to column 2
• Proposed land uses, or project components obviously different from
or in sharp contrast to current surrounding land use patterns, whether
man-made or natural.
• Proposed land uses, or project components visible to users of
aesthetic resources which will eliminate or significantly reduce their
enjoyment of the aesthetic qualities of that resource.
• Project Components that will result in the elimination or significant
screening of scenic views known to be important to the area.
• Other impacts:
IMPACT ON HISTORIC AND ARCHAEOLOGICAL RESOURCES
12. Will Proposed Action impact any site or structure of historic, pre-
historic or paleontological importance? ENO ❑ YES
Examples that would apply to column 2
• Proposed Action occurring wholly or partially within or substantially
contiguous to any facility or site listed on the State or National Register
of historic places.
• Any impact to any facility or site listed on the State or National Register
project site.
• Proposed Action will occur in an area designated as sensitive for
archaeological sites on the NYS Site Inventory.
• Other impacts:
IMPACT ON OPEN SPACE AND RECREATION
13. Will Proposed Action affect the quantity or quality of existing or
future open spaces or recreational opportunities?
Examples that would apply to column 2 ONO ❑ YES
• The permanent foreclosure of a future recreational opportunity.
• A major reduction of an open space important to the community.
• Other impacts:
IMPACT ON CRITICAL ENVIRONMENTAL AREAS
14. Will Proposed Action impact the exceptional or unique characteristics
of a critical environmental area (CEA) established pursuant to
subdivision 6 NYCRR 617.14(g)? ENO ❑ YES
List the environmental characteristics that caused the designation of
the CEA.
Examples that would apply to column 2
• Proposed Action to locate within the CEA?
• Proposed Action will result in a reduction in the quantity of the resource?
• Proposed Action will result in a reduction in the quality of the resource?
• Proposed Action will impact the use, function or enjoyment of the
resource?
• Other impacts:
1
Small to
Moderate
Im act
2
Potential
Large
Im act
3
Can Impact Be
Mitigated By
Project Change
❑
❑
❑YES ONO
❑
❑
❑YES ❑ NO
❑
❑
❑YES ❑ NO
❑
❑
DYES ❑ NO
❑
❑
❑YES ❑ NO
❑
❑
❑YES ❑ NO
❑
❑
❑YES ❑ NO
❑
❑
❑YES ❑ NO
❑
❑
OYES ❑ NO
❑
❑
❑YES ❑ NO
❑
❑
❑YES ❑ NO
❑
❑
AYES ❑ NO
❑
❑
❑YES ❑ NO
❑
❑
❑YES ❑ NO
❑
❑
❑YES ❑ NO
❑
❑
OYES ❑ NO
IMPACT ON TRANSPORTATION
15. Will there be an effect to existing transportation systems? NO ❑YES
1
Small to
Moderate
Impact
2
Potential
Large
Impact
3
Can Impact Be
Mitigated By
Pro'ect Change
Examples that would apply to column 2
of movement of people and/or goads.
❑
❑
DYES ❑ NO
• Alteration of present patterns
• Proposed Action will result in major traffic problems.
❑
❑
❑
DYES ❑ NO
DYES ❑ NO
• Other impacts:
❑
IMPACT ON ENERGY
16. Will proposed action affect the community's sources of fuel or
energy supply? ENO ❑ YES
13
13❑YES
❑ NO
Examples that would apply to column 2
• Proposed Action will cause a greater than 5% increase in the use of
❑
❑
DYES ❑ NO
any form of energy in the municipality.
• Proposed Action will require the creation or extension of an energy
transmission or supply system to serve more than 50 single or two
family
residences or to serve a major commercial or industrial use.
❑
❑
DYES ❑ NO
Other impacts:
NOISE AND ODOR IMPACTS
17. Will there be objectionable odors, noise, or vibration as a result
ENO
of the Proposed Action? ❑ YES
Examples that would apply to column 2
1:3
❑
DYES 13 NO
• Blasting within 1,500 feet of a hospital, school or other sensitive
❑
❑
DYES ❑ NO
facility.
• Odors will occur routinely (more than one hour per day).
13
13
DYES ❑ NO
• Proposed Action will produce operating noise exceeding the local
❑
DYES ❑ NO
ambient noise levels for noise outside of structures.
❑
• Proposed Action will remove natural barriers that would act as a
❑
DYES ❑ NO
noise screen.
❑
• Other impacts:
IMPACT ON PUBLIC HEALTH
16. Will Proposed Action affect public health and safety? 0 NO ❑ YES
Examples that would apply to column 2
❑
❑
DYES ❑ NO
• Proposed Action may cause a risk of explosion or release of hazardous
substances (i.e. oil, pesticides, chemicals, radiation, etc.) in the event of
accident or upset conditions, or there may be a chronic low level
❑
❑
DYES ❑ NO
discharge or emission.
• Proposed Action may result in the burial of "hazardous wastes" in any
form (i.e. toxic, poisonous, highly reactive, radioactive, irritating,
❑
❑
DYES ❑ NO
infectious, etc.)
• Storage facilities for one million or more gallons of liquefied natural
gas or other flammable liquids.
❑
❑
DYES E3 NO
• Proposed action may result in the excavation or other disturbance
within 2,000 feet of a site used for the disposal of solid or hazardous
❑
DYES ❑ NO
waste.
❑
• Other impacts:
IMPACT ON GROWTH AND CHARACTER OF COMMUNITY OR
NEIGHBORHOOD
community?
19. Will Proposed Action affect the character of the existi� co
❑YES
Examples that would apply to column 2
• The permanent population of the city, town or village in which the
❑
❑
DYES ❑ NO
project is located is likely to grow by more than 5%.
• The municipal budget for capital expenditures or operating services
13
13
DYES ❑ NO
will increase by more than 5% per year as a result of this project.
Proposed will conflict with officially adopted plans or goals.
❑
❑
DYES ❑ NO
• action
• Proposed action will cause a change in the density of land use.
❑
❑
❑
❑YES ❑ NO
DYES ❑ NO
• Proposed Action will replace or eliminate existing facilities, structures
❑
or areas of historic importance to the community.
• Development will create a demand for additional community services
13
13
DYES ❑ NO
(e.g. schools, police and fire, etc.).
• Proposed Action will set an important precedent for future projects.
❑
13
DYES ❑ NO
NO
• Proposed Action will create or eliminate employment.
13
❑
13
❑
DYES ❑
DYES ❑ NO
• Other impacts: , ^
20. Is there, or is there likely to be, public controversy related to
potential adverse environmental impacts? ■NO ❑ YES
j:\docs2\500\wappinger\zone amendments\frontage.eaf.lkb.doc
SEQK
State Environmental Quality Review
NEGATIVE DECLARATION
Notice of Determination of Non -Significance
Date:
Project Number:
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.
The Town of 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.
Name of Action: Local Law Amending Town Code of the Town of Wappinger.
SEQR Status: Type I X
Unlisted
Conditioned Negative Declaration: — Yes
X No
Description of Action The Town Board of the Town of Wappinger has determined that the Town Code, Section 240-20,
Required Street Frontage and Section 217-12, Phase IL• Preparation of Preliminary Plat and Construction Plans, should be
respectively amended and revised to: 1) clarify the application of the minimum frontage requirement vis-a-vis flag lots in
so far as to plainly state that no portion of access to a lot and/or a frontage strip of land for a lot shall be less than fifty (50)
feet wide, and 2) to limit the timeframe to five years in which approval of a preliminary plat can be extended (the "Proposed
Action").
Location: Town of Wappinger, Dutchess County
Page 2
SEQR Negative Declaration
Reasons Supporting This Determination:
(See 617.7(c) for requirements of this determination; see 617.7(d) for Conditioned Negative Declaration)
The Proposed Action will not have a significant adverse impact on the environment because there is no change in the policy or
effect of the existing regulations and since the action only clarifies existing regulations with respect to minimum lot width,
and finther that the limitation on the length of extensions for preliminary subdivision plat approval is more protective of the
environment since it requires a new review and approval and opportunity to consider environmental impacts, changed
conditions and circumstances.
Lead Agency: Town of Wappinger Town Board
Town Hall, 20 Middlebush Road, P.O. Box 324
Wappingers Falls, New York 12590-0324
For Further Information:
Contact Person: Joseph Ruggiero, Town Supervisor
Address: Town Hall, 20 Middlebush Road, P.O. Box 324, Wappingers Falls, New York 12590-0324
Telephone Number: (845) 297-2744
Filing and Publication:
This notice of a Type I Negative Declaration should be filed with:
a. Supervisor of the Town of Wappinger
b. Town of Wappinger Town Board
Further, this Notice of Type I Negative Declaration shall be emailed to enbna gw.dec.state.ny for publication in the
Environmental Notice Bulletin.
is\docs2\500\wap1)inger\z0ne amendments\frontage.negdec.form.lkb.doc
ATTACHMENT
FULL ENVIRONMENTAL ASSESSMENT FORM
AMENDMENTS TO THE TOWN CODE:
SECTION 240-20, REQUIRED STREET FRONTAGE and
SECTION 217-12, PHASE II: PREPARATION OF PRELIMIARNY PLAT AND
CONSTRUCTION PLANS — ADOPTION OF LOCAL LAW No. OF 2003
ADDENDUM TO PART 1 OF EAF
Part LA - Site Description
The Proposed Action involves the adoption of amendments to the Town of Wappinger
Zoning Law and Subdivision Regulations. The Proposed Action does not directly involve
site-specific construction or development activity. A more detailed description of the
amendments is presented below: See Part 1.D for a detailed description of the site and
Proposed Action.
Part LB - Project Description
The Proposed Action does not involve site-specific construction or development activity.
As a result, Part LB of this EAF is not applicable, except as noted therein with respect to
Questions 424 and 925. See Part 1.D for a detailed description of the site and Proposed
Action.
Part 1.1) - Informational Details
The Proposed Action does not propose construction or development activities, and will
not result in any adverse environmental impacts. A more detailed description of the
proposed amendments follows:
The Town Code, Section 240-20, Required Street Frontage and Section 217-12, Phase II.•
Preparation of Preliminary Plat and Construction Plans, would be respectively amended
and revised to: 1) clarify the application of the minimum frontage requirement vis-a-vis
flag lots in so far as to plainly state that no portion of access to a lot and/or a frontage
strip of land for a lot shall be less than fifty (50) feet wide, and 2) to limit the timeframe
to five years in which approval of a preliminary plat can be extended.
The Proposed Action will not have a significant adverse impact on the environment
because there is no change in the policy or effect of the existing regulations and since the
action only clarifies existing regulations with respect to minimum lot width, and further
that the limitation on the length of extensions for preliminary subdivision plat approval is
12
more protective of the environment since it requires a new review and approval and
opportunity to consider environmental impacts, changed conditions and circumstances.
ADDENDUM TO PART Z OF EAF
The Proposed Action will not directly result in any construction or physical changes to
any site within . the Town of Wappinger nor is it expected to result in any significant
adverse impacts on the environment. More specifically:
• The Proposed Action will not directly result in any physical changes to any properties.
• The Proposed Action will not have a significant adverse environmental impact on any
Critical Environmental Area (CEA).
• The Proposed Action will not have a significant adverse environmental impact on any
unique or unusual land forms.
• The Proposed Action will not have a significant adverse environmental impact on any
water body designated as protected.
• The Proposed Action will not have a significant adverse environmental impact on any
non -protected existing or new body of water.
• The Proposed Action will not have a significant adverse environmental impact on
surface or groundwater quality or quantity.
• The Proposed Action will not have a significant adverse environmental impact on or
alter drainage flows or patterns, or surface water runoff.
• The Proposed Action will not have a significant adverse environmental impact on air
quality.
• The Proposed Action will not have a significant adverse environmental impact on any
threatened or endangered species.
• The Proposed Action will not have a significant adverse environmental impact on
agricultural land resources.
• The Proposed Action will not have a significant adverse environmental impact on
aesthetic resources.
• The Proposed Action will not have a significant adverse environmental impact on any
site or structure of historic, prehistoric or paleontological importance.
13
• The Proposed Action will not have a significant adverse environmental impact on the
quantity or quality of existing or future open spaces or recreational opportunities.
• The Proposed Action will not have a significant adverse environmental impact on
existing transportation systems.
• The Proposed Action will not have a significant adverse environmental impact on the
community's sources of fuel or energy supply.
• The Proposed Action will not have a significant adverse environmental impact as a
result of objectionable odors, noise or vibration.
• The Proposed Action will not have a significant adverse environmental impact on the
public health and safety.
• The Proposed Action will not have a significant adverse environmental impact on the
character of the existing community.
j:\docs2\500\wappinger\zone amendments\nesheiwat499.edaltach lkb.doc
14