001
~.
FREDERICK P. CLARK ASSOCIATES, INC. David J. Portman, AICP
Planning/OevelopmentlEnvironment/Transportation . Howard I. Reynolds, PE
Rye, New York and Southport, Connecticut RI2C. . David H. Stolman, AICP
350 Theodore Fremd Avenue 'E I V:~D Michael A. Galante
Rye, New York 10580 NAY" Joanne P Meder, AICP
(914) 967-6540 EI... 21 1998
'"'1/tvE
l"oWN StvOWD
Cl.€'J:11( EN
MEMORANDUM
To:
Supervisor Constance O. Smith and the Wappinger Town Board
Date:
May 20, 1998
Subject:
Wappinger Environmental Quality Review
. As discussed, we have reviewed the Wappinger Environmental Quality Review (WEQR)
list of Type I actions (Article II, Section 20 as amended by Local Law #6 of 1992) as it
compares to the list of Type I actions in the State Environmental Quality Review (SEQR)
implementing regulations (Part 617 .4(b )). A Type I action, as defined by the State,
carries with it "the presumption that it is likely to have a significant adverse impact on the
environment and may require an EIS" (Part 617.4(a)(I)). The purpose of this analysis is
to present the similarities and differences between the lists of Type I actions in the Town
of Wappinger and New York State and to explain the practical implications of the
differences.
In New York State, all agencies that have the jurisdiction to undertake, fund or approve
an action must determine whether such action~ may have a significant adverse effect on
the environment. If it is determined that a significant adverse impact may oc_cur, an
environmental impact statement must be prepared or requested. There are three
categories of actions for the purposes of environmental review:
1) Type I Actions
2) Type II Actions
3) Unlisted Actions
Type II actions are defined by the State as actions that "have been determined not to have
a significant adverse impact on the environment or are otherwise precluded from
environmental review" (Part 617.5). Unlisted Actions are defined as those actions not
appearing on the Type I or Type II lists (Part 617.2(ak)). According to SEQR,
Connecticut. (203) 255-3100
FAX. (914) 967-6615
Long Island · (516) 364-4544
FREDERICK P. CLARK ASSOCIATES, INC.
Plan ning / Development/ Envi ran ment/Trans portation
environmental review of Type I actions differs procedurally from that of Unlisted actions
in the following three ways:
1) Determination of Significance
For Type I actions, a full Environmental Assessment Form (EAF)
must be used in order to determine the significance of such actions,
while for Unlisted Actions, a short EAF may be used to determine
the significance of such actions unless an agency determines that a
full EAF is necessary to provide additional information (617.6(a)(2)
and (3)).
2) Review Procedures
F or a Type I action in which more than one agency is involved with
the undertaking, funding or approval of the action, a coordinated
review of the action with other Involved Agencies is required.
Coordinated review involves a designation of Lead Agency
procedure, which, once initiated, takes 30 calendar days to
accomplish. Coordinated review is optional when an Unlisted
action involves more than one agency unless and until it is
determined that an action may have a significant adverse impact on
the environment, at which time, a coordinated review is required
(617.6(b)(4)).
3) Conditioned Negative Declarations
F or Unlisted actions involving an applicant but not for Type I
actions, a Lead Agency may adopt a Conditioned Negative
Declaration (CND). A CND, according to SEQR, allows a Lead
Agency to issue a Negative Declaration for an Unlisted action which
may result in significant environmental impacts if mitigation
measures have been identified and required in order to modify the
action so that no significant adverse environmental impacts will
result (617.2(h)).
The attached table presents the WEQR list of Type I actions in the left column with
analogous SEQR Type I actions in the right column. Where there is no analogous entry
in the respective Type I lists, text is entered in only one column.
FREDERICK P. CLARK ASSOCIATES, INC.
PI an ning / 0 evelopmentl Envi ron mentl Trans portation
We look forward to discussing this memorandum with you.
David H. Stolman, AICP, PP
Executive Vice President
Beth O'Donnell
Associate/Planning
Attachment
cc: Philip J. DiNonno, Chairman,
and the Town Planning Board, wi attachment
Albert P. Roberts, Esq., wi attachment
Joseph E. Paggi, Jr., PE, wi attachment
Donald Close, wi attachment
Elaine Snowden, wi attachment
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;:
COMPARISON OF SIMILARITIES AND DIFFERENCES IN TYPE I LISTS
WEQR
(Article II, Section 20; Local Law #6 of 1992)
A. Construction of new (or expansion by more than 50
percent of existing size, square footage or usage of
existing):
SEQR
(6 NYCRR Part 617.4)
(1) Airports.
(2) Public institutions such as hospitals, schools
and institutions of higher learning and
corrections facilities, main office centers.
(3) Road or highway sections (including bridges)
which require an indirect source permit under
6 NYCRR Part 203.
(4) Parking facilities or other facilities with an
associate parking area for 100 or more cars
only if such facility would require an indirect
source permit under 6 NYCRR Part 203.
(5) Dams with a downstream hazard of "C"
classification under Environmental
Conservation Law (ECL) section 15-0503.
(6) Stationary combustion installations.
(7) Chemical pulp mills.
(8) Cement plants.
(9) Iron and steel plants.
(10) Primary aluminum ore reduction plants.
(11) Incinerators operating at a refuse charging
rate exceeding 30 tons of refuse per 24-hour
day.
(12) Sulfuric acid plants.
(13) Petroleum refmeries.
(14) Lime plants.
(15) Bi-product coke manufacturing plants.
(16) Storage facilities designed for or capable of
storing liquid natural gas, liquid petroleum
gas or other liquid fuels.
(17) Sulfur recovery plants.
(18) Fuel conversion plants.
1
WEQR
(Article II, Section 20; Local Law #6 of 1992)
(19) Process, exhaust and/or ventilation systems
emitting air contaminants assigned an
environmental rating of "A" under 6 NYCRR
2-- are based upon the toxicity level value
(TL V) of such contaminants.
Process, exhaust and/or ventilation systems
from which the total emission rate of all air
contaminants exceeds classification limits
established by Dept. of Environmental
Conservation.
(20)
(21) Any sanitary landfill or solid waste disposal
system.
(22) Any facility, development or project which
[is] to be directly located in one of the
following critical areas:
(i) tidal wetlands as defmed in Article 25
of the ECL;
(ii) freshwater wetlands as defmed by
Local Law #1, 1976;
(iii) Flood plains as defmed by Article 36
of the ECL;
(iv) wild scenic and recreational rivers
areas defmed in Title 27 of Article 15
of the ECL.
(23) Any facility, development or project having
an adverse impact on any historic or
prehistoric building, structure or site listed on
the National Register of Historic Places the
Statewide Inventory of Historical or Cultural
Resources or Landmarks of Dutchess Co
1683-1867 as prepared by Dutchess County
Planning Board.
(24) Any development, project or permanent
facility of non-agricultural use in an
agricultural district which requires a permit
except those listed as Type II actions.
(25) Any facility, development or project which
would generate more than 600 vehicle trips
per hour or more than 4,000 vehicle trips per
any eight-hour period.
(26) Any industrial facility, which has a discharge
flow, from other than incidental purposes.
(27) Any publicly or privately owned sewage
SEQR
(6 NYCRR Part 617.4)
(9) any Unlisted Action (unless the action is designed
for the preservation of the facility or site) occurring
wholly or partially within, or substantially
contiguous to, any historic building, structure,
facility, site or district or prehistoric site that is
listed on the National Register of Historic Places,
or that has been proposed by the New York State
Board on Historic Preservation for a
recommendation to the State Historic Preservation
Officer for nomination for inclusion in the National
Register, or that is listed on the State Register of
Historic Places (The National Register of Historic
Places is established by 36 Code of ederal
Regulation (CFR Parts 60 and 63, 1994 (see
section 617.17 of this Part));
2
WEQR
(Article II, Section 20; Local Law #6 of 1992)
treatment works which has an average daily
design flow of more than 2,000 gallons daily.
(28) Lakes or other bodies of water with a water
surface in excess of 5 acres.
(29) Any mining or resource extraction industry.
B. Any funding, licensing or planning activities in
respect of any of the types of construction listed in
"A" above.
C. The application or use of pesticides for other than
agricultural purposes:
(1) Rodenticides - use and/or storage in other
than incidental use ...
(2) Insecticides - storage and/or application to
more than 100 contiguous acres
(3) Herbicides - use and/or storage in other than
incidental use
D. The proposed adoption of comprehensive land use
plans, zoning ordinances, buildings codes,
comprehensive solid waste plans, state and regional
transportation plans, water resource basin plans,
comprehensive water quality studies, area-wide
waste water treatment plans, state environmental
plans, local floodplain control plans, and the like.
E. Commercial burial, transportation or handling of
radioactive materials requiring a permit.
F. Any action which will result in excessive or unusual
noise or vibration taking into consideration the
volume, intensity, pitch, time, duration and the
appropriate land uses for both the source and the
recipient of such noise and vibration.
G. Acquisition or sale by a public agency of more than (4)
50 contiguous acres of land, based upon anticipated
use.
I.
Construction of new residential units which meet or
exceed the following thresholds:
(i) In the areas designated as thick glacial till;
thin glacial till and exposed bedrock;
lacustrine silt and clay; floodplain alluvial or
peat soils and made land on a map entitled
"Town of Wappinger, Dutchess County, New
York, 'Surficial Deposits' prepared by the
Dutchess County Planning Department"
SEQR
(6 NYCRR Part 617.4)
(1) the adoption of a municipality's land use plan, the
adoption by any agency of a comprehensive
resource management plan or the initial adoption
of a municipality's comprehensive zoning
regulations;
the acquisition, sale, lease, annexation or other
transfer of 100 or more contiguous acres of land by
a state or local agency;
(5) construction of new residential units that meet or
exceed the following thresholds:
(i) 10 units in municipalities that have not
adopted zoning or subdivision regulations;
(ii) 50 units not to be connected (at the
commencement of habitation) to existing
community or public water and sewerage
systems including sewage treatment works;
(Hi) in a city, town or village having a
3
WEQR
(Article II, Section 20; Local Law #6 of 1992)
adopted by the Town Board of the Town of
Wappinger on April 7, 1986, the construction
of four or more units not to be connected at
the commencement of habitation, to
community or publicly-owned utilities.
(ii) In the areas designated as thick sand and
gravel and thin sand and gravel on the said
approved "Surficial Deposits" map the
construction of 12 or more units not be
connected at the commencement of
habitation, to community or publicly-owned
utilities.
(iii) In any area of the Town, the construction of
fifty or more units to be connected, at the
commencement of habitation, to community
or publicly-owned utilities.
J. [Editorial Note: There is no J. in the WEQR law.]
K. Construction of new non-residential facilities which (6)
meet or exceed any of the following thresholds; or
the expansion of existing non-residential facilities
by more than fifty percent (50%) of any of the
following thresholds, providing that the expansion
of the existing facilities, when combined, meet or
exceed any threshold contained in this section:
(i)
A project or action which involves the (i)
physical alteration of one or more acres;
(ii)
(ii)
A project or action which would use ground
or surface water in excess of 2,000 gallons
per day;
(iii)
(iv)
Parking for 80 vehicles;
A facility with more than 10,000 square feet
of gross floor area.
L. Any non-agricultural use occurring wholly or
partially within an agricultural district (certified
pursuant to Agricultural and Markets Law Article
25 Section 303) which exceeds ten percent (10%) of
any threshold established in 6 N.Y.C.R.R. 617.12 or
in this local law .
M. Any project or action which exceeds twenty-five
percent (25%) in 6 N.Y.C.R.R. 617.12 or in this
local law occurring wholly or partially within or
SEQR
(6 NYCRR Part 617.4)
population of less than 150,000, 250 units to
be connected (at the commencement of
habitation) to existing community or public
water and sewerage systems including
sewage treatment works;
(iv) in a city, town or village having a
population of greater than 150,000 but less
than 1,000,000, 1,000 units to be connected
(at the commencement of habitation) to
existing community or public water and
sewerage systems including sewage
treatment works; or
(v) in a city or town having greater than
1,000,000, 2,500 units to be connected (at
~ the commencement of habitation) to existing
community or public water and sewerage
systems including sewage treatment works;
activities, other than the construction of residential
facilities, that meet or exceed any of the following
thresholds; or the expansion of existing
nonresidential facilities by more than 50 percent of
any of the following thresholds:
a project or action that involves the physical
alteration of 10 acres;
a project or action that would use ground or
surface water in excess of 2,000,000 gallons per
day;
parking for 1,000 vehicles;
in a city, town or village having a population of
150,000 persons or less, a facility with more than
100,000 square feet of gross floor area;
in a city, town or village having a population of
more than 150,000 persons, a facility with more
than 240,000 square feet of gross floor area;
(8) any Unlisted action that includes a nonagricultural
use occurring wholly or partially within an
agricultural district (certified pursuant to
Agriculture and Markets Law, article 25-AA,
sections 303 and 304) and exceeds 25 percent of
any threshold established in this section;
(iii)
(iv)
(v)
(10) any Unlisted action, that exceeds 25 percent of any
threshold in this section, occurring wholly or
partially within or substantially contiguous to any
4
WEQR SEQR
(Article II, Section 20; Local Law #6 of 1992) (6 NYCRR Part 617.4)
substantially contiguous to any publicly owned or publicly owned or operated parkland, recreation
operated parkland, recreation area or designated area or open space, including any site on the
open space." Register of National Natural Landmarks pursuant
to 36 CFR Part 62, 1994 (see section 617.7 of this
Part); or
(2) the adoption of changes in the allowable uses
within any zoning district, affecting 25 or more
acres of the district;
(7) any structure exceeding 100 feet above original
ground level in a locality without any zoning
regulation pertaining to height;
(II) any Unlisted action that exceeds a Type I threshold
established by an involved agency pursuant to
Section 617.14 of this Part.
H. Any other action included in Title 6 - Part 617 .
NYCRR.
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