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UntitledRESOLUTION SETTING UP A PUBLIC HEARING ON PROPOSED ADDITIONS AND AMENDMENTS TO THE ZONING ORDINANCE OF THE TOWN OF WAPPINGER WHEREAS, the Town Board of the Town of Wappinger, County of Dutchess, State of New York, has decided to hold a public hearing regarding the additions and amendments to the Zoning Ordinance of the Town of Wappinger by adding a new section to be known as Section 450.52 with reference to public hearings for site development plan review; with respect to a new section to be known as Section 400,1 with reference to existing Town law violations; and a revision to Section 422/Schedule of Regulations for Non -Residential Districts; NOW, THEREFORE, BE IT RESOLVED, that in accordance with the provisions of Section 264 of the Town Law of the State of New York, a Public Hearing be held on the 0k day of June, 1985 at 7:30 P.M. at the Town Hall, Town of Wappinger, Mill Street, Wappingers Falls, New York. All interested persons shall have an opportunity to be heard at the meeting on the question of whether the Zoning Ordinance shall be amended and changed; and it is further RESOLVED, that the notice of the time and place of the Hearing shall be published at least ten (10) days before the time and date of the Hearing in the which is a newspaper of general circulation in the Town of Wappinger. The above resolution was offered by Councilman who moved its adoption; seconded by Councilman Dated: May 6, 1985 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that a Public Hearing will be held by the Town of Wappinger Town Board on the x+711 day of June, 1985 at 7:30 P.M. at the Town Hall located on Mill Street, Wappingers Falls, County of Dutchess and State of New York, concerning proposed additions and amendments to the Zoning Ordinance of the Town of Wappinger, as follows: BE IT ENACTED AS FOLLOWS: That a new section to be numbered 450.52 to be added to read as follows: 450.52 Public Hearing for Site Development Plan Review: "A public hearing shall be scheduled for the review of all site development plan applications coming before the Planning Board. Public notice of such hearings shall be published in a newspaper designated by the Town at least five days before the scheduled meeting date. Additionally, all abutting and adjacent (across the street or road) property owners shall be notified by mail by the Town of said hearing. The expense of such published and mailed notices shall be borne by the applicant." and BE IT FURTHER ENACTED: That a new section to be numbered 400.1 be added to read as follows: 00.1 Existing Town Law Violations: "Where an applicant, person, business firm or corporate entity has received written notification that there is an existing violation of the Zoning Ordinance or other Town laws concerning the premises, no permit of any type shall be issued, processed, or approved by the Town for the said applicant until such violation is cleared and removed to the satisfaction of the appropriate Town agency or resolved by due legal process." and BE IT FURTHER ENACTED: That Section 422 of the Zoning Ordinance of the Town of Wappinger be amended with respect to the Schedule of Regulations for Non -Conforming Districts as follows: 422 Schedule Of Regulations for Non -Conforming Residential Districts: "HB-lA Highway Business -1 Acre, shall remain as presently written with the exception that the minimum front yard setback may be reduced to a fifty -foot minimum front yard setback at the dis- cretion of the Planning Board of the Town of Wappinger. Otherwise, all sections set forth in Section 422 shall remain the same." PLEASE TAKE FURTHER NOTICE, that all interested persons will be heard at the above stated time and place. BY ORDER OF THE TOWN BOARD Dated: May 20, 1985 Town Clerk Date of Publication: June 5, 1985 TOWN BOARD: TOWN OF WAPPIP DUTCHESS COUNTY: NEW YORK --------------------------- IN THE MATTER OF NOTICE OF PUBLIC HEARING ON AMENDMENTS TO THE ZONING ORDINANCE (SECTIONS 450.52 400.1 and 422) ----------------------------- STATE OF NEW YORK ) COUNTY OF DUTCHESS ) says: AFFIDAVIT OF POSTING ELAINE H. SNOWDEN, being duly sworn, deposes and That she is the duly elected, qualified and acting Town Clerk of the Town of Wappinger, County of Dutchess and State of New York. That on May 22nd, 1985, your deponent posted a copy of the attached notice of Public Hearing on Amendments to the Zoning Ordinance, on the signboard maintained by your deponent in her office in the Town Hall of the Town of Wappinger, Mill Street, Wappingers Falls, Dutchess County, New York. Elaine H. Snowden Town Clerk Town of Wappinger th Sworn to before me this day of --Iu."� 1985. r i Notary ublic < I NOTICE OF PUBLIC the Town of Wa HARING NOTICE IS HEREBY GIVE,1 that a Public Hearing g .gill be held by ppinger Town Board on the r��ay or June, 190^5 at 7:30 P.:1. at the Town Hall located I I d on dill Street, Wappingers Falls, County of Dutchess and State of New York, concerning proposed ac:ditions and amendments to the p Zoning Ordinance of the Town of �Vappinger, as follows: BE IT ENACTED AS FOLLOWS That a new section to be numbered 450.52 to be added to read as follows: r, 0.32 Public Hearing for Site Develcpment Flan Review: "A public hearing shall be scheduled for the review of all site d,_velopment plan applications ccmin-, before the Planning Board. Fublic notice of such hearings shall be published in a newspaper designated by the Town at least five days before the scheduled meeting date. Additionally, all abut -tin'- the street or road ,-.�r� � and adjacent (across ) proper�y ofrn� shall be notified by mail by the Town of said heari:�:. The expense of such published and mailed notices shall be borne by the applicant." and BE IT FURTHER ENACTED: That a new section to be numbered 400.1 be added to read as follows: ►.1 Existin- Town Law V:`Lo'ations. "WThere an applicant, person, business firm or corporate entity has received written notification that there is an existing violation of the Zoning Ordinance or other Town laws concerning the premises, no permit of any type shall be issued, processed, or approved by the Town for the said applicant until such violation is cleared and removed appropriate Town agencv or resolved bhedlletlefition or the process." and BE IT FURTHER F:NACTF:r?: That Section 422 of the Zoning Ordinance of the Town of Wappinger be ,mended with respect to the Schedule of Regulations for Non -Conforming Districts as follows: Schedule Of r�,Zulations for Non -Conform;,, Residential Districts: "HB -IA Highway Business -1 Acre, shall remain as presently written With the exception that the minimum front yard setback may be reduced to a fyfty-foot minimum front yard setback at the dis- cretion of t;:e Planning Board of the Town of Wappinger. Otherwise all sections set forth in Section 422 shall remain the same." PLEAS -C TAKE FURTHEP, r1OTICE, that all interested persons will be heard at the above stated time and place. BY ORDER OF THE TOUN BOARD Dated: May 20, 1935 Town Clerk Date of Publication: June 5, 1985 ra f SEQR REVIEW (6NYCRR617 and Chapter 58 - Code of the Town of Wappinger) PROPOSED ZONING ORDINANCE AMENDMENTS SECTIONS 450.52 400.1 422. PREPARED FOR: SUPERVISOR AND TOWN BOARD TOWN OF WAPPINGER TOWN HALL WAPPINGERS FALLS, NEW YORK PREPARED BY: MORRIS & ANDROS ENGINEERING CONSULTANTS 367 VIOLET AVENUE POUGHKEEPSIE, NEW YORK JUNE 1985 TABLE OF CONTENTS I. INTRODUCTION ...................... ........... 1 II. SEQR COMPLIANCE A. Proposed Action ............................... 2 B. Involved Agencies .............................. 2 C. Applicant ................................... 2 D. Type of Action 1. 6NYCRR617 .............................. 2 2. W C58 ................................. 2 E. Procedural Requirements 1. EAF Forms Submitted ........................ 3 2. Lead Agency Designation ...................... 3 F. Determination of Significance 1. EAF Form ................................ 3 2. Discussion ................................ 3 3. Determination ............................. 4 G. Filing Requirements ............................. 4 EXHIBITS A - INDEX MAP OF TOWN B - NYSDEC EAF (SHORT FORM) C - NYSDEC EAF - LONG FORM - PART I D - NYSDEC EAF - LONG FORM - PART II E - RESOLUTION FOR PROPOSED ADDITIONS & AMMENDMENTS TO ORDINANCE F - NOTICE OF DETERMINATION SEQR REVIEW PROPOSED ZONING ORDINANCE AMENDMENTS PAGE 1 TOWN OF WAPPINGER SECTION I - INTRODUCTION The Town of Wappinger is located in the southwestern portion of Dutchess County. The town consists of 27.41 square miles of land area with a 1980 Census of 26,776 persons. A copy of the Tax Index Map depicting the entire Town of Wappinger is included in Exhibit A. The Town proposes, by resolution and public hearing to incorporate some changes and amendments to its Zoning Ordinance. The additions and amendments include a new section to be known as Section 450.52 with reference to public hearings for site development plan review; with respect to a new section to be known as Section 400.1 with reference to existing Town Law violations; and a revision to Section 422/Schedule of Regulations for Non -Residential Districts. Please refer to Exhibit E for a copy of the actual Resolution for the proposed additions and amendments. The purpose of this report is to present a file relative to the considerations which have been given to Environmental Quality Review, both as required under Part 617 of Title 6 (Environmental Conservation) of the Official Compilation of Codes, Rules and Regulations of the State of New York (6NYCRR617) and under Chapter 58 of the Code of the Town of Wappinger (W C 58). i SEQR REVIEW PROPOSED ZONING ORDINANCE AMENDMENTS PAGE 2 TOWN OF WAPPINGER SECTION II - SEQR COMPLIANCE A. Proposed Action - Amme n dme n t s to the Zoning Ordinance B. Involved Agencies - Town of Wappinger C. Applicant - Town Board, Town of Wappinger D. Type of Action - 1. 6NYCRR617: a) Section 617.12 - Type 1 i) The action involves the adoption of changes to the zoning regulations, which meets the threshold given in other sections of 617.12 (Ref. 617.12 [b] [11); ii) The action includes the requirement for public hearings on all site plan applications before the Planning Board; Also, any applicant having notification of an existing violation of Town Laws concerning the premises, may not receive any permits until cleared; Further that the Planning Board shall at its discretion, be able to vary the minimum front yard setback in the Highway Business Zone. b) DISCUSSION - The actions involve the following; - an improvement to the method of advising the public in matters which may concern commercial - industrial development in their area - a method of controlling, to some extent, the issuance of any Town Permits to lands with existing violations; - and allowing the Planning Board some discretion in the setback requirements for Highway Businesses, this to allow the buildings closer to a road, thus placing the more unsightly parking areas behind the buildings. 2. Wappinger Code - Chapter 58 The action is a Type I Action included in 6NYCRR617 (Ref. Sec. 58.4 [E] and [I] SEQR REVIEW PROPOSED ZONING ORDINANCE AMENDMENTS PAGE 3 TOWN OF WAPPINGER SECTION II - SEQR COMPLIANCE (continued) E. Procedural Requirements 1. Applicant has filed completed EAF forms as follows: a) NYSDEC Short Form - Exhibit B b) NYSDEC Long Form - Part 1 - Exhibit C 2. Lead Agency Designation (6NYCRR617.6) The Town of Wappinger is the only agency which must approve the proposed action. The Town Board is the responsible agency within the Town government. F. Determination of Significance (6NYCRR617.6, W C 58 -7,8,9) 1. Completed NYSDEC Long Form - Part II (Exhibit D) 2. Discussion - The Town Board must make a determination of significance for the proposed action. The criteria set forth in both regulations for making such a determination is similar. The proposed action, amendments to the zoning ordinance, deals with allowable land uses violations and public notice, not a specific project proposed for a parcel or parcels of land within a zoning district itself. Therefore, while each criteria was reviewed, emphasis was placed on those criteria which deal with land use. Relative to 6NYCRR617.11, it is criteria #4; in regard to W C 58, it is D. SEQR REVIEW PROPOSED ZONING ORDINANCE AMENDMENTS PAGE 4 TOWN OF WAPPINGER F. Determination of Significance (6NYCRR617.6, W C 58-7) (continued) 2. Discussion (continued) In no instance can it be reasoned that one (1) or more of the potential impacts listed will result from the proposed zoning changes and ammendments. In making this determination, consideration was given to simultaneous or subsequent actions. The action under consideration will not create a material conflict with the existing plans or goals of the community since the zoning adopted for the area will not be changed and the ammendments proposed by this action will not materially change the character of the Town. The existing neighborhood's character will similarly be retained, if not improved, by these three (3) changes or ammendments. 3. Determination - In view of the foregoing discussion, it is the opinion of the preparer that the proposed action will not have a significant i affect on the environment, and it is recommended that the Town li Board make a negative declaration for the project in accordance with the provisions of 6NYCRR617.6 and W C _58-7,8,9.__ A copy of the Notice of Determination is included as Exhibit F of this report. G. Filing Requirements - One (1) copy of the Notice of Determination should be forwarded to each of the following: 1. Commissioner of Environmental Conservation New York State Department of Environmental Conservation 50 Wolf Road Albany, New York 12233 2. New York State Department of Environmental Conservation Region 3 - New Paltz South Putt Corners Road New Paltz, New York 12561 3. Dutchess County Office of the County Executive Dutchess County Office Building 22 Market Street Poughkeepsie, New York 12601 SEQR REVIEW PROPOSED ZONING ORDINANCE AMENDMENTS PAGE 5 TOWN OF WAPPINGER SECTION II - SEQR COMPLIANCE (continued G. Filing Requirements (Continued) 4. Town of Wappinger a. Conservation Advisory Council b. Clerk c. Planning Board d. Zoning Board of Appeals e. Zoning Administrator 5. Dutchess County Planning Department 47 Cannon Street Poughkeepsie, New York 12601 6. Dutchess County Environmental Management Council Dutchess County Farm and Home Center Millbrook, New York 12545 EXHIBIT B PROJECT I.D. NUMBER NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION DIVISION OF REGULATORY AFFAIRS State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I Project Information (To be completed by Applicant or Project sponsor) 1. Applicant/sponsor 2. Project Name Town Board - T a in er Town Zonincr Ordinance 3. Project location: Municipality T/Wappinger County Dutchess 4. Is proposed action: ❑ New ❑ Expansion 50 Modification/alteration 5. Describe project briefly: 6 Precise location (road intersections, prominent landmarks, etc. or provide map) Affects the entire T/Wappinger - which is located in the Southwest portion of Dutchess County - "Refer to Exhibit A" 7. Amount of land affected: Initially -- acres Ultimately -- acres 27.41 square miles 8. Will proposed action comply with existing zoning or other existing land use restrictions? ® Yes ❑ No If No, describe briefly 9. What is present land use in vicinity of project? ❑ Residential ❑ Industrial ❑ Commercial ❑ Agriculture ❑ Parkland/open space ❑ Other Describe: All of the above - three (3) amendments affect entire Town. 10. Does action involve a permit/approval, or funding, now or ultimately, from any other governmental agency (Federal, state or local)? ® Yes ❑ No If yes, list agency(s) and permit/approvals Town Wappinger - Town Board, Planning Board, Zoning Board of Appeals, B&f1nistrator 11 . Does any aspect of the action have a currently valid permit or approval? ® Yes ❑ No If yes, list agency name and permit/approval type Town Zoning Ordinance 12. As result of proposed action will existing permit/approval require modification? ® Yes ❑ No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name: Francis J. Versace, Supervisor Date: 6-14-85 Signature: If the action Is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER PART II Environmental Assessment (To be completed by Agency) A. Does action exceed any Type I threshold in 6 NYCRR, Part 617.12? If yes, coordinate the review process and use the FULL/LONG FORM EAF. ❑ Yes ® No B. Will action receive coordinated review as provided for Unlisted Actions in 6 NYCRR, Part 617.7? If No, a negative declaration may be superceded by another involved action. ❑ Yes ® No C. Could action result in ANY adverse effects on, to, or arising from the following: (Answers may be handwritten, if legible) C1. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic patterns, solid waste production or disposal, potential for erosion, drainage or flooding problems? Explain briefly: NO C2. Historic, archeological, visual or aesthetic, or other natural or cultural resources; agricultural districts; or community or neighborhood character? Explain Zoning Amendtent #422 - HB-lA Front Yard Setback could improve visual or aesthetic appearance. C3. Vegetation or fauna, movement of fish or wildlife species, significant habitats, or threatened or endangered species? Explain briefly: No C4. A community's existing plans or goals as officially adopted, or a change in use or intensity of use of land or other natural resources? Explain briefly. Yes - improve the officially adopted ordinance C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly. mie C6. Secondary, cumulative, or other effects not identified in C1-C6? Explain briefly. None C7. A change in use of either quantity or type of energy? Explain briefly. No PART 111 Determination of Significance (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important or otherwise significant. Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) irreversibility; (e) geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. ❑ Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the FULL/LONG FORM EAF and/or prepare a positive declaration. ® Check this box if you have determined, based on the information and analysis above and any supporting documentation, that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide here, and on attachments as necessary, the reasons supportng this determination: Agency Name To-vm of Wappinger—Town Consulting Engineer Preparer's Signature/Title Agency Preparer's Name Ronald M. Evangelista Date 6-14-85 A" ENVIRONMENTAL ASSESSMENT FORM Purpose: The EAF is designed to help applicants and agencies determine, in an orderly manner, whether a project or action is likely to be sig- nificant. The question of whether an action is significant is not al- ways easy to answer. Freqnently, there are aspects of a project that are subjective or unmeasurable. It is also understood that those who will need to determine significance will range from those with little or no formal knowledge of the environment to those who are technically expert in environmental analysis. In addition, many who have knowledge in one particular area may not be aware of the broader concerns affect- ing the question of significance. The EAF is intended to provide a method whereby the preparer can be assured that the determination process has been orderly, comprehen- sive in nature, and yet flexible to allow the introduction of informa- tion to fit a project or action. EAF COMPONENTS: The 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: This phase of the evaluation 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 identi- fies whether an impact can be mitigated or reduced. Part 3: Only 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 to the municipality in which the project is located. Determination of Significance If you find that one (or more) impact is both large and its con- sequence is important, then the project is likely to be significant, and a draft environmental impact statement should be prepared. Scoping If a draft EIS is needed, the Environmental Assessment Form will be a valuable tool in determining the scope of the issues to be covered by the draft EIS. 14-16-2 (1278) EXHIBIT C APPENDIX A EAF ENVIROPMENTAL ASSESSMENT - PART I Project Inforwation NOTICE: This document is desioned to assist in determining whether the action proposed may have a significant effect on the environment. Please complete the entire Data Sheet. Answers to these questions will be considered as part of the application for approval and may be subject to further verification and public review. Provide any additional information you believe will be needed to complete PARTS 2 and 3. It is expected that completion of the EAF will be dependent on information currently available andwill not involve new studies* research or investigation. If information requiring such additional work is unavailable, " so indicate and specify each instance. MANE OF PROJECT: Town of Wappinger Zoning Ordinance ADDRESS AND NAME OF APPLICANT: Town Board Mill Street tree Wappingers Falls, New York 12590 tate MPT- NAME AND ADDRESS OF OWNER (If Different) treet �� tate p BUN NESS PHONE: DESCRIPTION OF PROJECT: (Briefly describe type of project or action) Three proposed additions and/or amendments to the Town Zoning Ordinance sections 450 52(public hearings) *400.1 (Violations) ; and 422. (HB-lA Setbacks) (PLEASE COMPLETE EACH QUESTION - Indicate N.A. if not applicable) A. SITE DESCRIPTION (Physical setting of overall project, both develoned and undeveloped areas) 1. General character of the land: Generally uniform slope _j Generally uneven and rollinq or irregular X 2. Present land use: Urban NA , Industrial Commercial Suburban Rural Forest Agriculture ,tetherAil _GF—THE ABOVE 9=T AS NOTED 3. Total acreage of Project area: ---acres. 27.41 sq.mi. Approximate acreage: Presently After Completion NA. Presently After Completion Meadow or Brushland acres acres Hater Surface Area acres acres Forested acres __acres Unvegetated (rock, earth or fill) acres acres Agricultural _acres acres — — --acres Roads, buildings lietland (Freshwater or and other paved Tidal rs per Articles surfaces _acres acres 24, 25 or F.C.L.) _ _acres acres _ — — Other (indicate Lyne) acres acres 4. What is predominant soil type(s) on project site? NA 5. a. Are there bedrock outcroaoincs on nrn,ipct *site? Yes No NA L. What is depth to bedrock? _ _ _(Tn feet) NA 9/1/78 6. Approximate percentage of proposed project site with slooes: 0-10% Y; 1n-157 %; 15A or NA greater Y. 7. Is project contiguous to. or contain a building or site listed on the National Register of HistoricNA Places? _Yes No E. What is the depth to the water table? feet NA 9. Do hunting or fishing opportunities presently exist in the project area? Yes No NA 10. Does project site contain any species of plant or animal life that is identified as threatened or NA endangered - Yes .Jo, according to - Identify each species 11. Are there any unique or unusual land forms on the project site? (i.e. cliffs, dunes. other geological ) NA formations - Yes No. (Describe 12. Is the project site presently used by the community or neighborhood as an open space or recreation NA area - Yes No. 13. Does the present site offer or include scenic views or vistas known to be important to the community? Yes No NA 14. Streams within or contiguous to project area: NA a. Nave of St. and name of river to which it is tributary 15. Lakes, Ponds, Wetland areas within or contiguous to project area: NA a. Name ; b. Size (in acres) 16. Meat is the dominant land use and zoning classification within a 1/4 mile radius of the project (e.g. NA single family residential, R-2) and the scale of development (e.g. 2 story). !. PROJECT DESCRIPTION ENTIRE TOWN-- NA. 1. Physical dimensions and scale of project (fill in dimensions as appropriate) NOT a. Total contiguous acreage owned by project sponsor acres. APPLICABLE b. Project acreage developed: acres initially; acres ultimately. c. Project acreage to remain undeveloped d. Length of project, in miles: (if appropriate) e. If project is an expansion of existing, indicate percent of expansion proposed: building square foot- age ; developed acreage 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 Initial Ultimate i. If: Orientation '!eighborhood-City-Regional Estimated Employment Commercial Industrial J. Total height of tallest proposed structure _ ----- feet. -2- NOT APPLICABLE 2. How much natural material (i.e. rock, earth, etc.) will be removed from the site - tons cubic yards. 3. How many acres of vegetation (trees, shrubs, ground covers) will be removed from site - acres. 4. Will any mature forest (over 100 years old) or other locally -important vegetation be removed by this project? Yes No 5. Are there any plans for re -vegetation to replace that removed during construction? Yes No 6. If single phase project: Anticipated period of construction months, (including demolition). 7. If multi -phased project: a. Total number of phases anticipated No. b. Anticipated date of commencement phase 1 month year (including demolition) c. Approximate completion date final phase month _year. d. Is phase 1 financially dependent on subsecuent phases? Yes No 8. Will blasting occur during construction? Yes No 9. Number of jobs generated: during construction after project is complete 10. Number of jobs eliminated by this project 11. Will project require relocation of any projects or facilities? Yes No. If yes, explain: 12. a. Is surface or subsurface liquid waste disposal involved? Yes No. b. If yes, indicate type of waste (sewage, industrial, etc.) c. If surface disposal name of stream into which effluent will be discharged 13. Will surface area of existing lakes, ponds, streams, bays or other surface waterways be increased or decreased by proposal? Yes No. 14. Is project or any portion of project located in the 100 year flood plain? Yes No 15. a. Does project involve disposal of solid waste? Yes No b. If yes, will an existing solid waste disposal facility be used? Yes _ No c. If yes, give name: location d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? Yes _ No 16. Will project use herbicides or pesticides? Yes No 17. Will project routinely produce odors (more than one hour per day)? Yes No 18. Will project produce operating noise exceeding the local ambience noise levels? Yes No 19. Will project result in an increase in energy use? Yes No. If yes, indicate type(s) 20. If water supply is from wells indicate pumping capacity gals/minute. 21. Total anticipated water usage per day _ gals/day. NOT APPLICABLE 22. Zoning: a. What is dominant zoning classification of site? jZariPc throughout Town b. Current specific zoning classification of site c. Is proposed use consistent with present zoning? YES _ d. If no, indicate desired zoning NO ZONING CHANGES_ -3- 26. Approvals: a. Is any Federal permit required? Yes _X__No b. Does project involve State or Federal funding or financing? _ Yes X No c. Local and Regional approvals: :Etty, Town, ItIr"W Board City, Town, Village Planning Board City, Town, Zoning Board City, County Health Department Other local agencies Other regional agencies State Agencies Federal Agencies Approval Required (Yes, No (Type) Y -- RFgOT.TTTTnN Submittal Approval (Date) (Date) MAJ=1_i$5 C. INFORMATIONAL DETAILS Attach any additional information as may be needed to clarify your project. If there are or may be any adverse impacts associated with the pro sal, please discuss such impacts and the measures which can be taken to mitigate or avoid th PREPARER'S SIGNATURE: TITLE: Assistant Engineer to the Town REPRESENTING: Town of Wappinger - Consulting Town Engineer DATE: 6-14-85 IMIe EXHIBIT D EAF ENVIRONMENTAL ASSESSMENT - PART II Project Impacts and Their Magnitude General Information (Read Carefully) - In completing the form the reviewer should be guided by the question: Have my decisions and determinations been reasonable? The reviewer is not expected to be an expert environmental analyst. - Identifying that an effect will be potentially large (column 2) does not mean that it is also necessarily significant. Any large effect must be evaluated in PART 3 to determine significance. By identifying an e ect in column 2 simply asks that it be looked at further. - The Examples provided are to assist the reviewer by showing types of effects and wherever possible the threshold of magni u e that would trigger a response in column 2. The examples are generally applicable throughout the State and for most situations. But, for any specific project or site other examples and/or lower thresholds may be more appropriate for a Potential Large Impact rating. - Each project, on each site, in each locality, will vary. Therefore, the examples 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. INSTRUCTIONS (Read Carefully) a. Answer each of the 18 questions in PART 2. Answer Yes if there will be any effect. b. Maybe answers should be considered as Yes answers. c. If answering Yes to a ouestion then check the appropriate box (column 1 or 2) to indicate the potential size of the impact. If impact threshold equals or exceeds any example provided, check column 2. If impact will occur but threshold is lower than example, check column 1. d. If reviewer has doubt about the size of the impact then consider the impact as potentially large and proceed to PART 3. e. If a potentially large impact or effect can be reduced by a change in the project to a less than large magnitude, place a Yes in column 3. A No response indicates that such a reduction is not possible. 1 2 % IMPACT ON LAND NO YES 1), WILL THERE BE AN EFFECT AS A RESULT OF A PHYSICAL CHANGE TO O O PROJECT SITE? 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. ronstruction of paved oarkinq areA for 1,119 or more vehicles. Canstruction on land where bedrock is exr)osed 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 of any new sanitary landfill. -5- SMALL TO MODERATE IMPACT POTENTIAL LARGE IMPACT CAN IMPACT BE REDUCED BY PROJECT CHANGE Construction in a designated floodway. Other impacts: M YES 2. WILL THERE BE AN EFFECT TO ANY UNIQUE OR UNUSUAL LP.NO FORMS v %/1 FOUND ON THE SITE? (i.e. cliffs, dunes. aeo logical forma- Najk ; tions, etc.) Specific land forms: IMPACT ON WATER N0 YES 3. WILL PROJECT AFFECT ANY WATER. BODY DESIGNATED AS .......... PROTECTED? (Under Articles 15, 24, 25 of the Envir- onmental Conservation Law, E.C.L.) Examples that Would Apply to Column 2 _ Dredging more than 100 cubic yards of material from channel of a protected stream. Construction in a designated freshwater or tidal wetland. Other impacts: 4. WILL PROJECT AFFECT ANY NON -PROTECTED EXISTINR OR NFW NO YYV BODY OF WATER?............................................0 C 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: —A6 YE! S. WILL PROJECT AFFECT SURFACE. OR GROUNDWATER 011ALITY? © C Examples that Would Apply to Column 2 Project will require a discharge permit. Project requires use of a source of water that does not have approval to serve proposed project. _ Project requires water supply from wells with greater than 015 gallons per minute pumping capacity. _ Construction or operation causing any contamination of a public water supply system. Project will adversely affect groundwater. Liquid effluent will be conveyed off the site to "— facilities which presently do not exist or have Inadequate capacity. Project requiring a facility that would use water in excess of 20,000 gallons per day. Project 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. .A.. HALETn DEGE IPOTENTIAL CT CAN 1'1PACT BE REDUCED BY PROJECT CHANGE Other Imoacts: 6. ;JILL PROJECT ALTER DRAINAGE FLO'!, PATTEPVS OR SURFACE !TATER NO YES RUNOFF? .................................................. O O Example that ':ould Anply to Colucn 2 Project would impede flood water flows. Project is likely to cause substantial erosion. Project is incompatible with existing drainage patterns. Other impacts: IMPAC ON AIR 110 YFS 7. DILL PROJECT AFFECT AIR QUALITY?. Fxamples that Would Apply to Column 2 00 Project will induce 1,W. or more vehicle trips -in any given hour. Project will result in the incineration of more than 1 ton of refuse per hour. _ Project emission rate of all contaminants will exceed 5 lbs. per hour or a heat source nroducing more, than 10 million BTU's per hour. Other imoacts: NO YES 8. WILL PROJECT AFFECT ANY THREATENED OR ENDANGERED SPECIES? © O 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 wild- - 1 i fe Nbi L3L. _ Apnlicatinn of Pesticide or herticide over more than twice a Year other than for alr:c:utural purposes. Ot),er impacts: 9. !JILL PROJECT SUBSTANTIALLY AFFECT NON -THREATENED OR NO YES ENDANGERED SPECIES? .......................................© O Example that Would Apply to Column 2 Project would substantially interfere with any resident or migratory fish or wildlife species. Project requires the removal of more than 1rl acres of mature forest (over lOn years in ane) or other locally important vegetation. -7- MALL TO MODERATE i;aPt.C' POTENTIAL LARGE I"PACT CAN IMPACT BE REDUCED BY PROJECT CHANGE I"nACT 0'4' `!IS'.'1L RES,) RCE 10. WILL THE PPOJFCT AFFECT VIERS, VISTAS OR THE V! SIAL Mn YES CHARACTER OF THE NFIGHBORanOD OR CO"MM"!1ITY? .............. O Cx Examnles that Would Apply to Column 2 _ An incompatible visual affect caused by the introduction of new materials, colors and/or forms in contrast to the surroundine landscape. _ A oroject easily visible, not easily screened that is obviously different from others around it. _ Project will result in the elimination or major screening of scenic views or vistas known to be important to the area. Other impacts: May benefit visual impacts on- neighborhoods n.neighborhoods IMPACT ON HISTORIC RESOURCES 11. WILL PROJECT IMPACT ANY SITE OR STRUCTURE OF HISTORIC, NO YES PRE -HISTORIC OR PALEONTOOICAL It'fOPTANCE? .................© O Examples that Would Apply to Column 2 _ Project occurina wholly or nartially within or contiguous to any facility or site listed on the National Reoister of historic places. _ Any impact to an archeological site or fossil bed located within the project site. Other impacts: IMPACT ON OPEN SPACE & RECREATION 12. WILL THE PROJECT AFFECT THE QUANTITY OR QUALITY OF EXISTING NO YF.S OR FUTURE OPEN SPACES OR RECREATIONAL OPPORTU'IITIES?...... © Q Examples that Would Apply to Column 2 The permanent foreclosure of a future recreational opoortunity. A major reduction of an open space important to the community. Other impacts: IMPACT nN TRANSPORTATION 13. ','ILL THERE BE AN EFFECT TO EXISTING TRANSPORTATION NO YES SYSTEMS? ............................................... O O X Examples that Would Annly to Column 2 Alteration of present patterns of movement of people and/or goods. Project will result in severe traffic problems. Other impacts: R- HALL TO MODERATE ImP.ACT POTENTIAL LARGE I11rACT CAN IMPACT BE REDUCED !Y PROJECT CHANGE i X IMPACT ON ENERGY 14. WILL PROJECT AFFECT THE COMMUNITIES SOURCES OF FUEL OR NO YES ENERGY SUPPLY? .......................................... O O Examples that Would Apply to Column 2 Project causing qreater than 5% increase in any form of energy used in municipality. Project requiring the creation or extension of an energy transmission or supply system to serve more than 50 sinqle or two family residences. Other impacts: IMPACT ON NOISE 15. WILL THERE BE OBJECTIONABLE ODORS, NOISE, GLARE, VIBRATION NO YES or ELECTRICAL DISTURBANCE AS A RESULT OF THIS PROJECT? ....© O Examples that Would ADoly to Column 2 Blasting within 1,500 feet of a hospital, school or other sensitive facility. Odors will occur routinely (more than one hour per day). _ Project will produce operating noise exceeding the local ambient noise levels for noise outside of structures. Project will remove natural barriers that would act as a noise screen. Other impacts: IMPACT ON HEALTH 6 HAZARDS NO YFS 16. !•TILL PROJECT AFFECT PUBLIC HEALTH AND SAFETY? .............© O Examples that Would Apply to Column 2 _ Project will 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 will he a chronic low level discharge or emission. _ Project that will result in the burial of "hazardous wastes" (i.e. toxic, poisonous, highly reactive, radioactive, irritating, infectious, etc., including wastes that are solid, semi-solid, liquid or contain gases.) Storaae facilities for one million or more gallnns of liouified natural gas or other liouids. Other imoacts: _n_ 1 2 3 SMALL TO MODERATE IMPACT 10TE"1TIAL LARGE I11PACT CAN IMPACT CE REDUCED BY PROJECT CHANGE IMPACT ON GROWTH AND CHARACTER OF COKIUNITY OR NEIGHBORHOOD 17. WILL PROJECT AFFECT THE CHARACTER nF THE EXISTING, NO YES C04MUNITY?................................................0 0 Example that Would Apoly to Column 2 _ The population of the City, Town or Village in which the project is located is likely to grow by more than 5% of resident human population. _ The municipal budgets for capital expenditures or opera- ting services will increase by more than 5% per year as a result of this project. Will involve any permanent facility of a non-agricultural use in an agricultural district or remove Prime agricultural lands from cultivation. _ The project will replace or eliminate existing facilities, structures or areas of historic importance to the community. _ Development will induce an influx of a particular age group with special needs. Project will set an important precedent for future projects. _ Project will relocate 15 or more employees in one or more businesses. Other impacts: NO YES 18. IS THERE PUBLIC CONTROVERSY CONCERNING THE PROJECT? .......0 O Examples that Would Apply to Column 2 _ Either government or citizens of adjacent communities have expressed opposition or rejected the project or have not been contacted. Objections to the Project from within the community. SMALLIMPACT MODERATE IMPACT LARGE IMPACT BE REDUCED BY PROJECT CHANGE IF ANY ACTION IN PART 2 IS IDENTIFIED AS A POTENTIAL LARGE IMPACT OR IF YOU CANNOT DETERMINE THE MAGNITUDE OF IMPACT, PROCEED TO PART 3. DETERMINATION Upon review of the information recorded on this EAF (Parts 1, 2 and 3) and considering both the magnitude and imnortance of each impact, it is reasonably determined that: PORTIONS OF EAF COMPLETED FOR THIS PROJECT: PART I X PART II X PART 3 A. The project will result in no major impacts and, therefore, is one which may not cause significant damage to the environment. B. Although the project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described in PART 3 have been included as part of the Proposed project. C. The project will result in one or more major adverse impacts that cannot be reduced and may cause significant damage to the environment. June 14, 1485 lute Signature of Prenare different from responsible officer) Micha J. Morris Consulting Town Engineer Io- PREPARE A NEGATIVE DECLARATION O PREPARE A NEGATIVE nECLARATION 0 PREPARE POSITIVE DECLARATION PROCEED WITH EIS -0 Signature of Rpsponsible Off I �cial Offin Lead Agency Print or type name of responsible official in Lead Agencv EAF ENVIRONMENTAL ASSESSMENT - PART III EVALUATION OF THE IMPORTANCE OF IMPACTS 14FORMATION - Part 3 is prepared if one or more impact or effect is considered to be potentially lame. - The amount of writing necessary to answer Part 3 may be determined by answering the question: In briefly completing the instructions below have I placed in this record sufficient information to indicate the reasonableness of my decisions? INSTRUCTIONS Complete the followinq for each impact or effect identified in Column 2 of Part 2: 1. Briefly describe the impact. 2. Describe (if apolicable) how the impact might be mitigated or reduced to a less than laroe impact by a pro- ject change. 3. Based on the information available, decide if it is reasonahle to conclude that this impact is important to the minicipality (city, town or village) in which the project is located. - To answer the question of importance, consider: - The probability of the impact or effect occurring - The duration of the impact or effect - Its.irreversibility, including permanently lost resources or values - Whether the impact or effect can be controlled - The regional consequence of the impact or effect - Its potential divergence from local needs and goals - Whether known objections to the prnject agDly to this impact or effect. DETERMINATION OF SIGNIFICANCE An action is considered to be significant if: fine (or more) impact is determined to both lame and its (their) consequence, based on the review above, is important. PAPT III STATEMENTS (Continue on Attachments, as needed) BERNARD KESSLER ATTORNEY AND COUNSELOR AT LAW VALENTINO T. SAMMARCO ( 9141 229 8888 ( 914) 229 5700 May 3, 1985 Honorable Frank J. Versace, Town of Wappinger Town Hall, Mill Street PO Box 324 Wappingers Falls, New York Supervisor 12590 -xH►B1T (Route 9 <% V Hessler A-tiv /� 0sx gri )Ggyde ark, `/?.clf 125-38 Re: Changes and Amendments to Zoning Ordinance Dear Mr. Versace: I am enclosing herewith several copies of a resolution to set up a public hearing on the proposed changes and amend- ment to the Zoning Ordinance together with several copies of the notice of public hearing, A copy of each has been forwarded to Elaine Snowden, the Town Clerk. Very truly yours BERNARD KESSLER BK/res enols. Copy: Ms. Elaine Snowden, Town Clerk w/enclosures _ _E!X_H1NT E RESOLUTION SETTING UP A PUBLIC HEARING ON PROPOSED ADDITIONS AND AMENDMENTS TO THE ZONING ORDINANCE OF THE TOWN OF WAPPINGER WHEREAS, the Town Board of the Town of'Wappinger, County of Dutchess, State of New York, has decided to hold a public hearing regarding the additions and amendments to the Zoning Ordinance of the Town of Wappinger by adding a new section to be known as Section 450.52 with reference to public hearings for site development plan review; with respect to a new section to be known as Section 400.1 with reference to existing Town law violations; and a revision to Section 422/Schedule of Regulations for Non -Residential Districts; NOW, THEREFORE, BE IT RESOLVED, that in accordance with the provisions of Section 264 of the Town Law of the State of New York, a Public Hearing be held on the day of June, 1985 at 7:30 P.M. at the Town Hall, Town of Wappinger, Mill Street, Wappingers Falls, New York. All interested persons shall have an opportunity to be heard at the meeting on the question of whether the Zoning Ordinance shall be amended and changed; and it is further RESOLVED, that the notice of the time and place of the Hearing shall be published at least ten (10) days before the time and date of the Hearing in the which is a newspaper of general circulation in the Town of Wappinger. The above resolution was offered by Councilman who moved its adoption; seconded by Councilman Dated: May 6, 1985 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that a Public Hearing will be held by the Town of Wappinger Town Board on the %') day of June, 1985 at 7:30 P.M. at the Town Hall located on Mill Street, Wappingers Falls, County of Dutchess and State of New York, concerning proposed additions and amendments to the Zoning Ordinance of the Town of Wappinger, as follows: BE IT ENACTED AS FOLLOWS: That a new section to be numbered 450.52 to be added to read as follows: ,0.52 Public Hearing for Site Development Plan Review: "A public hearing shall be scheduled for the review of all site development plan applications coming before the Planning Board. Public notice or such hearings shall be published in a newspaper designated by the Town at least five days before the scheduled meeting date. Additionally, all abutting and adjacent (across the street or road) property owners shall be notified by mail by the Town of said hearing. The expense of such published and mailed notices shall be borne by the applicant." and BE IT FURTHER ENACTED: That a new section to be numbered 400.1 be added to read as follows: 0.1 Existing Town Law Violations: "Where an applicant, person, business firm or corporate entity has received written notification that there is an existing violation of the Zoning Ordinance or other Town laws concerning the premises, no permit of any type shall be issued, processed, or approved by the Town for the said applicant until such r 22 EX�41�IT E violation is cleared and removed to the satisfaction of the appropriate Town agency or resolved by due legal process." and BE IT FURTHER ENACTED: That Section 422 of the Zoning Ordinance of the Town of Wappinger be amended with respect to the Schedule of Regulations for Non-_ iwg Districts as follows: Schedule Of Regulations for Non Residential Districts: "HB -1A Highway Business -1 Acre, shall remain as presently written with the exception that the minimun, front yard setback may be reduced to a fifty -foot minimum front yard setback at the dis- cretion of the Planning Board of the Town of Wappinger. Otherwise, all sections set forth in Section 422 shall remain the same." PLEASE TAKE FURTHER NOTICE, that all interested persons will be heard at the above stated time and place. BY ORDER OF THE TOWN BOARD Dated: June 1985 Town Clerk EXHIBIT F DETERMINATION OF NON -SIGNIFICANCE NEGATIVE DECLARATION UNDER THE STATE ENVIRONMENTAL QUALITY REVIEW ACT (6NYCRR617) -AND- UNDER CHAPTER 58 OF THE CODE OF THE TOWN OF WAPPINGER Pursuant to the Provisions of Part 617 of Title 6 of the Official compilation of Codes, Rules, and Regulations of the State of New York and pursuant to the provisions of Chapter 58 of the Code of the Town of Wappinger, the Town Board of the Town of Wappinger, having its office at the Town Hall, Mill Street, Wappingers Falls, New York as Lead Agency, has determined that the proposed action described hereinafter will have no significant effect on the environment. This notice serves as a negative declaration for the purposes of Article 8 of the Environmental Conservation Law. The action has been determined to be a Type I action for the purposes of SEQR and Chapter 58 of the Town Code. The negative declaration is based on the small scope of the action, the extent of the disturbance under consideration, the zoning of the Town, the local significance of the areas to be affected, and the potentials for future development of the area, including the control thereof by the proposed zoning changes and amendments. Further information concerning this action may be obtained from: Francis J. Versace, Supervisor Town of Wappinger Town Hall (914) 297-2744 •r ; e The following Resolution was offered by Councilman Incoronato, who moved its adoption: BE IT RESOLVED AND ORDAINED by the Town Board of the Town of Wappinger, Dutchess County, New York, in pursuance to the Authority conferred by the laws of the State of New York, as follows: SECTION I. The Town of Wappinger Zoning Ordinance adopted March 10, 1980, and as amended from time to time, is hereby further amended by adding a new section, to be numbered 450.52, reading as follows: 450.52 PUBLIC HEARING FOR SITE DEVELOPMENT PLAN REVIEW "A public hearing shall be scheduled for the review of j all site development plan applications coming before the Planning Board. Public notice of such hearings shall be published in a newspaper designated by the Town at least five days before the scheduled meeting date. Additionally, all abutting and adjacent (across the street or road) property owners shall be notified by mail by the Town of said hearing. The expense of such published and mailed notices shall be borne by the applicant." and BE IT FURTHER RESOLVED that a new section, to be numbered 400.1, be added to read as follows: 400.1 EXISTING TOWN LAW VIOLATIONS: E "Where an applicant, person, business firm or corporate entity has received written notification that there is an existing violation of the Zoning Ordinance or other Town is laws concerning the premises, no permit of any type shall be issued, processed, or approved by the Town for the said w ;l applicant until such violation is cleared and removed to the i satisfaction of the appropriate Town agency or resolved by due legal process." and BE IT FURTHER RESOLVED that Section 422 of the Zoning Ordinance of the Town of Wappinger be amended with respect to the Schedule of Regulations for Non -Residential Districts as follows: 422 SCHEDULE OF REGULATIONS FOR NON-RESIDENTIAL DISTRICTS "HB-lA Highway Business - 1 Acre, shall remain as presently written with the exception that the minimum front yard setback may be reduced to a fifty -foot minimum front yard setback at the discretion of the Planning Board of the Town of Wappinger. Otherwise, all sections set forth in Section 422 shall remain the same." SECTION II. This amendment shall become effective upon adoption, posting and publication, as prescribed by Town Law. Seconded by: Councilwoman Ballard Roll Call Vote: 5 Ayes 0 Nays THE COUNTY OF DUTCHESS LUCILLE P. PATTISON, COUNTY EXECUTIVE DEPARTMENT OF PLANNING ROGER P AKELEY COMMISSIONER JEFFREY L. CHURCHILL DEPUTY COMMISSIONER To: Town Board, Town of Wappinger 47 CANNON ST. POUGHKEEPSIE. NY 12601 TELEPHONE (914) 431 2480 RECEDED June 5, 1985 July 7 1985 ELAINE N. SNOWDEN Re: 85-260, Amendments 450.2, 400.1, 422 The Dutchess County Department of Planning has reviewed the subject referral within the framework of General Municipal Law (Article 12B, Sections 239-1 and 239-m) and finds that the Board's decision primarily involves matters of local concern. Towns have the opportunity to establish a public hearing for site plan review. Proposed section 450.52 takes advantage of this opportunity. Proposed section 400.1 is designed to prevent multiple infractions of local land use regulations. It would give town authorities additional leverage in enforcement. The legality of this technique should be confirmed by an attorney. There seem to be typographic errors on the second page of your notice. Perhaps "Non -conforming Districts" and "Non -conforming Residential Districts" should be "Non-residential Districts". In section 422, the general conditions under which the Planning Board may choose to reduce the front yard setback might be added to clarify the intent of the amendment. The Dutchess County Department of Planning does not presume to base its recommendations on the legalities or illegalities of the facts or procedures enumerated in the subject zoning action. Roger P. Akeley, Commissioner Dutchess County Department of Planning By '\ Edwin Welsh Junior Planner EW/dmh