2011
NOTICE OF PUBLIC HEARING
Please take notice that the Town Board of The Town of East Fishkill
will conduct a Public Hearing to consider three (3) proposed amendments to
the Town Zoning Law, they are:
1. Solid Waste Management Facility and Recyclables Handling and
Recovery Facility
2. Recycling Contractors Yard
3. Subdivision Special Permit in I Zone
The Public Hearing will be held on March 31, 2011 at 7:30pm at the
Town Hall, 330 Route 376, Hopewell Junction, NY 12533. Copies of the
Laws and Supporting documents are available at the Town Clerk's Office
9-3:45 pm Monday through Friday.
BY ORDER OF THE TOWN BOARD
CAROL HURRAY, TOWN CLERK
~CL/ 11~
CAROL A. HURRAY, TOWN CLEU
Dated: March 10,2011
East Fishkill, New York
[Fd ~ ~ IE W07[E IT]
MAR 1 5 2011
TOWN OF WAPPINGER
TOWN CLERK
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Town of East
Fishkill
Planning & ?:oning
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330 Route 376, Hopewell Junction, New York 12533
Telephone 845-221-2428
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November 9,2006,
To: Superviso(and ToiND. Board Members
From: East Fisbldp Planning Board
Re: Proposed ~ocal Law wifu regard to Hudson Valley Technologies Campus
~
I"
,
The East Fishkill tlanning Board has received fue referral from you and recommends the
following changes: '
1. The 4,000 ;quare foot additional area be limited to fue aggregate offue entire site.
(
2. The additiQnal square footage be uninhabitable.
3. There woufd be no increase of site occupancy.
4. The additi~nal square footage would be subject to the administrative Site Plan review
process." :
"""
The votes were as!ollows:
,
NormaD~ond:
Keith Stau:dohar:
John Koc4i
Jason P araskeva:
Michael O~rien:
Russell Smifu:
Lori Gee: ;,
Absent
Aye
Nay
Absent
Aye
Aye
. Aye
fPd~CC~~~Il~[))
:1
,
MAR 1 5 2011
TOWN OF WAPPINGER
TOWN CLERK
'.
~,
CUDDY & FEDER LLP
300 WESTAGE BUSINESS CENTER
SUITE 380
FISHKILL, NEW YORK 12524
NEIL J. ALEXANDER (also CT)
1l-iOMAS R. 8EIRNE (also DC)
JOSEPH P. CARLUCCI
LUCIA CHIOCCHIO (also CT)
KENNE1l-iJ. DU8ROFF ..
R08ERT F"cDER
CHRISTOPHER 8. FISHER (also CT)
JOHN W. FURST
AN1l-iONY 8. GIOFFRE III (also CT)
JOSHUA J. GRAUER
KENNETH F. JURIST
MICHAa L KATZ (also NJ)
JOSHUA E. KlMERUNG (also CT)
DANla F. LEARY (also CT)
8ARRY E. LONG
(845) 896-2229
FACSIMILE (845) 896-3672
WWW.cuddyfeder.com
90 MAPLE AVENUE
WHITE PLAINS, NEW YORK 10601-5196
(914) 761-1300
FACSIMILE (914) 761-5372/6405
500 FIFTH AVENUE
NEW YORK, NEW YORK 10110
(212) 944-2841
FACSIMILE (212) 944-2843
NORWALK, CONNECTICUT
Via Han d D eliverv
August 17, 2006
Hon. J obn Hickman, Jr., Supervisor
Town Board of the To'WD. ofE. Fishkill
Town Hall
330 Route 376
Hopewell Junction, NY 12533
Re: Preferred Real Estate Investments, Inc., d/b/a PREI Hopewell
Junction Associates L.P. ("PREI")
Hudson Valley Technology Campus '(fO'rmerIBMWest t::ampus)'
Verified Petition for proposed Text Amendment
to the Town of East Fishkill Zoning Code
Dear Supervisor Hickman and Members ofthe Town Board:
WILLIAM V. CUD DY
1571-2000
EON S. NICHOLS (also CT)
WILLIAM S. NULL
PAMELA 8. RICHARDSON (also NJ)
NEIL 1. RIMSKY
RU1l-i E. R01l-i
ANDREW P. SCHRIEVER (also MA)
JENNIFER L VAN TUYL
CHAUNCEY L WALKER (also CA)
Of Counsel
ANDREW A. GUCKSON (also CT)
KAREN G. GRANIK
MARYANN M. PALERMO
Special Counsel
R08ERT J. LEVINE (also CT, FL)
ROBERT L OSAR (also IX)
ELISABETH N. AADOW
ROBERT C. SCHNEIDER
As most of you know, PREI is the fee simple O'WD.er of the fanner "IBM West Campus,"
now knovm as the "Hudson Valley Technology Campus", located at Route 52 in the To'WD. of
East Pisbkill (the "Site").
. The Site is comprised of :1:157.59 acres, and presently consists of four (4) tax parcels,
identified as follows:
1. Route 52 identified as parcel # 132800-6356-04-606028;
2. 1934 Route 52 identified as parcel # 132800-6356-04-541072;
3. 1924 Route 52 identified as parcel #132800-6356-04-514068;
4. 1950 Route 52 identified as parcel # 132800-6355-00-501905.
C&F: 628698.1
t
CUDDY & FEDER LLP
Hon. John Hickman, Jr. and Members
ofthe Tovvn Board of East Fishkill
August 17, 2006
Page 2
The Site is currently improved with five (5) buildings (Nos. 600, 630, 640, 650, and 690),
and includes other related improvements, such as parking areas, internal roadways, stormwater
systems and utilities. The Site is currently classified in the I-I Light Industrial Zoning District
(the "1-1 Zone"), as designated by the Tovvn of East Fisbkill Zoning Map.
Recently, PREI filed an application to the Town of East Fishkill Planning Board to
subdivide the Site into five (5) lots, in order to provide separate properties, in furtherance ofthe
marketing of the Site for revitalization purposes. Under the proposed five (5) lot subdivision, the
Site will continue to operate as a single unit, sharing access and infrastructure, and no external
site improvements or new buildings are proposed as part of this pending application. However,
under the current strictures of the Zoning Code of the Tovvn of East Fishkill (the "Zoning
Code"), the proposed subdivision results in the need for area variances or waivers from the
required off-street parking requirements, and an area variance from the maximum permitted floor
$Tea ratio. Additionally, proposed Lots 3 through 5 lack direct frontage on Route 52.
The enclosed Petition is being submitted to the Tovvn Board for a zoning text amendment
to the Zoning Code to permit flexibility with bulk, dimensional and other related requirements
for any eligible site within the I-I Zone, as more fully described in the enclosed Petition.
We believe that this proposed zoning text amendment is consistent with the goals of the
current Master Plan, which recognizes the importance of attracting high value industry in the
area at the Site near the 1-84 corridor, and emphasizes the need to sustain the marketability of
industTial sites in this area.
With respect to compliance with the State Environmental Quality Review Act
("SEQRA"), included with the enclosed petition is a completed Part 1 of a Full Environmental
Assessment Form ("EAF") dated August 16,2006. In addition, a recent Traffic Impact Report
prepared by The Chazen Companies is enclosed herein. This Traffic Impact Report makes
reasonable assumptions regarding reoccupancy of the existing buildmgs, and concludes that
reoccupancy of the Hudson Valley Technology Campus as proposed will not have a significant
impact upon the vehicular operation conditions on the adjacent highway network, and that no
mitigation by PREI is required other than signal timing optimization.
As more fully set forth in the enclosed EAF and the Traffic Impact Report, water usage,
wastewater generation, solid waste generation and traffic generation are all expected to be less
than when the Site was fully occupied by IBM, due to the change in the nature and intensity of
use.
C&F: 628698.1
CUDDY & FEDER LLP
Hon. John Hickman, Jr. and Members
of the Town Board of East Fishkill
August 17,2006
Page 3
In conclusion, we look forv.rard to the opportunity to meet with the Town Board to further
discuss the enclosed petition. It is respectfully requested that the instant matter be accepted and
referred to the PlaTIning Board for an advisory report thereon at your next regular meeting, which
we understand is scheduled for August 24,2006, in accordance with Article XX, Section 194-
155 of the Zoning Code.
Thank you for your consideration.
~~YSUb~~7
,./)/~~~/?~
Daniel F. Leary /
Enclosures
cc: Matt Taylor, Preferred Real Estate Investments, Inc.
Susan Blickstein, AICP, PP, The Chazen Companies
Thomas F. Wood, Esq., Town Attorney
CJ.:F: 628698.1
TOvm BOARD: TOvm OF EAST FISHKILL
COUNTY OF DUTCHESS: STATE OF NEW YORK
______________________________________________________----------------J{
In the Matter of the Application of
PREI HOPEWELL JUNCTION ASSOCIATES
LP
VERIFIED PETITION
F or an amendment to the Zoning Code
of the Tovvn of East Fishkill.
______________________________________________________----------------J{
TO THE TOWN BOARD OF THE TO'iVN OF EAST FISHKILL:
The Petitioner, PREI HOPEYVELL .JUNCTION ASSOCIATES LP, ("PREI")
by its attorneys, Cuddy & Feder LLP, 300 Westage Business Center, Suite 380, Fishkill,
New York 12524, as and for its Verified Petition, alleges and states as follows:
1. PREI is.a limited partnership organized and existing under the laws of the
Commonwealth of Pennsylvania. PREI is the fee simple ovvner of certain improved real
property, formerly knovvn as the "IBM West Campus," located at Route 52, Tovvn of East
Fishkill, Dutchess County, New York (the "Site").
2. The Site is comprised of:H57.59 acres, and presently consists offour (4)
tax parcels, identified as follows:
PARCEL ill PARCEL ADDRESS
132800-6356-04~606028 Route 52
132800-6356-04-541072 1934 Route 52
132800-6356-04-514068 1924 Route 52
132800-6355-00-501905 1450 Route 52
TOTAL SITE ACREAGE 151.59 :i: ACRES"
C&F: 627999.1
3. The Site is currently improved vvith five (5) buildings (Nos. 600, 630, 640,
650, and 690), formerly occupied by IDM, and includes other related improvements, such
as parking areas, internal roadways, stormwater systems and utilities. The improvements
to the Site were originally authorized by way of a fmal site plan approval from the Town
of East Fishkill Planning Board in May, 1984, which was granted after a full review
under the State Environmental Quality Review Act ("SEQRA"), including the
preparation of aFinal Environmental Impact Statement, and the issuance of a Findings
Statement by the Town of East Fishkill Planning Board, as Lead Agency thereunder.
4. The Petitioner has filed an application to the Town of East Fishkin
Planning Board to subdivide the Site into five (5) lots, in order to provide separate
properties, to further the marketing of the Site for revitalization purposes. Under the
proposed five (5) lot subdivision, the Site v.rill continue to operate as a single unit, sharing
access and infrastructure, and no external site improvements or new buildings are
proposed as part of this pending application I, However, under the current strictures of
the Zoning Code of the Town of East Fishkin (the "Zoning Code"), the proposed
subdivision results in the need for area variances or waivers from the required off-street
parking requirements for proposed Lots 1,2 and 4, and an area variance from the
maximum permitted floor area ratio, or "FAR" for Proposed Lot 4. Additionally,
proposed Lots 3 through 5 lack direct frontage on Route 52.
5. The Site is currently classified in the I-I Light Industrial Zoning District
(the "1-1 Zone"), as designated by the Town of East Fishkin Zoning Map.
1 Petitioner is proposing the renovation of the interior of one building (No. 650) on the Site. However, the
proposed interior renovation of Building 650 will only reduce the square footage of that building, and thus
reduce the overall square footage of the entire Campus.
C&F: 627999. I
2
, ,
6. This petition to the Tovro Board is being submitted at this time for a
zoning text amendment to the Zoning Code. In particular, the Petitioner seeks a zoning
law text amendment to permit flexibility with bulk, dimensional and other related
requirements for any eligible site within the I-I Zone, as more fully set forth below.
Specifically, the proposed amendments to the text of the Zoning Code are as follows:
"9194-67.2 _ Creation of Certain Lots within the I-I Light Industrial
Zoning District
A. Authority of the Planning- Board.
Authorization is hereby granted to the Planning Board, Town
of East Fishkill, to allow flexibility in the creation of certain
lots within the I-I Zoning District, subject to the issuance of a
special permit, which shall be based upon a finding that the
application meets all of the general conditions of Article IX,
and further meets all of the applicable standards and
requirements set forth in this Section.
B. Purposes.
(1) To permit flexibility in the design and creation of new lots
in the I-I Zoning District on any site which previously
received final site plan approval from the Planning Board
for single tenant or single ownership use, and which
otherwise meets the conditions set forth in this Section.
(2) To encourage and facilitate the redevelopment and re-
occupancy of existing light industrial sites.
(3) To further attract high value industry into areas near the
Interstate 84 corridor, consistent with the goals and
objectives of the Master Plan.
(4) It is determined that this intent cannot be achieved through
the use of traditional bulk and dimensional regulations, the
application of which may be inimical to the ability to foster
the most economic and efficient use of such existing
industrial sites, in a manner which takes advantage of the
most advanced techniques of land development.
C&F: 627999.1
3
C. ElilribiIitv.
(1) No application shall be considered hereunder, unless the lot
or lots for which the special permit is intended are within
the I-I Zoning District, and are part of any underlying site
comprised of improved real property, having a total
minimum area of 150 acres, which site has previously
received fmal site plan approval from the Planning Board.
(2) The site shall be partially or whoIIy improved within the I-
I Zoning District, and shall be proposed for re-use and/or.
redevelopment as part of any special permit application
hereunder.
(3) The site shaII have a minimum of two (2) existing access
points from a State Highway, at least one of which shall be
signalized.
D. Standards.
(1) Subject to the issuance of a special permit by the Planning
Board, all dimensional and bulk regulations set forth in the
Zoning Code, including the Schedule of Bulk Regulations,
applicable Supplementary Bulk Regulations, and
Supplementary Off-Street Parking Regulations, shall not
apply to any lot or lots approved hereunder.
(2) If a site meets the eligibility requirements set forth in 9 194-
67.2.C. above, then all determinations relating to bulk and
dimensional standards, including frontage, setbacks,
buildings covered, floor area ratios, and parking and
loading requirements for any lot or lots subject to a special
permit review hereunder, shall be made treating the entire
site as a single unit, provided, however, that access and
infrastructure shall be shared by any lot approved
hereunder. In the evaluation of off';'street parking needs
and standards, the Planning Board may consider user-
defmed parameters in lieu of the standards in the
Supplementary Off-Street Parking Regulations, provided
adequate documentation is provided by the applicant in
support of such parameters.
(3) As set forth in 9194-67.2 C. and D. above, any eligible site
hereunder shall continue to be treated as a single unit
pursuant to a final site plan approval previously granted by
C&F: 627999.1
4
the Planning Board. Accordingly, upon the issuance of a
special permit pursuant to this section, no further site plan
review and approval shall be required for any lot or lots
reviewed and approved hereunder, unless: (i) there is a new
use and related improvements proposed for any lot or lots
which are vacant and unimproved at the time such special
permit application is made, and such use and
improvements otherwise require site plan approval in
accordance with Article vn of this Chapter, or, (ii) if there
is physical expansion proposed for any lot or lots with
improvements thereon at the time a special permit
application is made hereunder, and such physical
expansion would increase the area of any existing site
improvements by more than 4,000 square feet, provided
that the proposed expansion does not othervvise increase
the occupancy of any existing building, or generate the need
to construct five (5) or more additional parking spaces.
(4) Subject to the issuance of a Special Permit by the Planning
Board, any eligible site hereunder may, for purposes of
dedication, the creation of rights-of-way, sale, lease,
mortgage, or other disposition or financing, be subdivided
or resubdivided, converted to condominium or cooperative
ownership, or otherwise divided into lots, parcels or tracts,
which may be sold, leased, mortgaged, or otherwise
alienated or encumbered, without regard to any minimum
lot area or any other dimensional, bulk or off-street
parking/Ioading requirements set forth in the Zoning Code.
(5) Reciprocal easements and/or agreements that address
common access, shared parking, stormwater systems, and
utilities shall be developed to ensure the future operation
and maintenance of the infrastructure servicing any lot or
lots approved hereunder."
C&F: 627999.1
5
7. Finally, it should be noted that the current Master Plan of the TOwn of
East Fishkill, adopted on November 14, 2002 (the "Master Plan") recognizes the
importance of attracting high value industry in the area of the Tovm of East Fishkill
where the Site is located, i.e. along the I-84 corridor, and emphasizes the importance of
sustaining the marketability of industrial sites in this area.
'WHEREFORE, it is respectfully requested that the instant matter be accepted by
the To"'Wll Board and referred to the Planning Board for an advisory report thereon in
accordance with Article XX, Section 194-155 of the Zoning Code of the Tovm of East
Fishkill, and that the relief sought herein be, in all respects, granted.
Dated:
August 15,2006
Fisbkill, NY
Respectfully submitted,
Cuddy & Fede~
~
DanielF. Leary //
Attorneys for Petitioner V
300 Westage Business Center
Suite 380
Fishkill, NY 12524
845-896-2229
By:
C&F: 627999.1
6
TOWN BOARD: TOWN OF EAST FISHKILL
COUNTY OF DUTCHESS : STATE OF NEW YORK
v
--------------------------------------------------------------------------/\
In the Matter of the Application of
PREI Hopewell Junction Associates, LP
VERfFfCA TION
For an amendment to the Zoning Code of the
Town of East Fishkill
---------------------------------------------------------------------~----)(
,;-.1 .
STATE OF NEW YORK, COUNTY OF DUTCHESS S5.:
DANIEL F. LEARY, being duly sworn, deposes and says:
He is an attorney at law and a member of the firm of Cuddy & Feder
LLP, attorneys for the Petitioner in the above entitled proceeding, and he has
( .
read the foregoing Petition and know the contents thereof and that the same
are true to his knowledge, except as to those matters therein stated to be
alleged upon information and belief and as to those matters he believes them
to be true. ~ '51 1"'0/
'- ~ · /2e~~~
DANIEL F. LEARY c:;:;r""
Sworn to before me this
\~ day of August, 2006
~.~..
NOTARY PU L1C
TANIKA A~MSTRONG
Notary Publlo. State of New Yom
No. 01AR4SS07C3
Ou8;llfied In O~~'~A9.~~ :001@
C-cmmissloo expires ."............. ·
C&F; 628699.1
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MAR 1 5 ZOH
TOWN OF WAPPINGER
TOWN CLERK December 29,2010
Solid as e ana2ement Facility and Recvclables
Handlin2 and Recovery Facilitv
Definitions:
Solid waste: any garbage, refuse, sludge from a wastewater treatment plant, water supply
treatment plant, or air pollution control facility and other discarded materials including solid,
liquid, semi-solid, or contained gaseous material, resulting Jrom industrial, commercial,
mining and agricultural operations, and from community activities, but does not include
solid or dissolved materials in domestic sewage, or solid or dissolved materials in irrigation
return flows or industrial discharges that are point sources subject to permit under 33 use
1342, as amended (86 Stat. 880), or source, special nuclear or by-product material as defined
by the Atomic Energy Act of 1954, as amended (68 Stat. 923) except as may be provided by
existing agreements between the State of New York and the government of the United States
(see section 360-1.3 of this Part).
Construction and demolition (C&D) debris: uncontaminated solid waste resulting from the
construction, remodeling, repairiand demolition Sf utilities, structures andJ()ads; and
uncontaminated solid waste resultin~Jr()II11and clearirig;~llch waste includes, but is "rlOt limited
to bricks, concrete and other masonrY Inatertals.1 . soil, rockJ;yvrood (including painted, treated and
coated wood and wood products), laB~. elearins debris;YYall coverings, plaster, drywall,
plumbing fixtures, nOl1aspestps insulation?roofing"s~~iFgles arid ether roof coverings, asphaltic
pavement, glass, pla~ticsthat;~~. not seal~q in a.1.naIIPrr that c9l1ceals other wastes, empty
buckets ten gallons ()r1ess in sizeal1d having no 1TI9r8thali.OF~ inch ofresidue remaining on the
bottom, electrical'Yiring and compqnents contain~Ilgno hazardous liquids, and pipe and metals
that are incidental to a,ny of the above. Solid waste that is not C&Ddebris (even if resulting from
the construction, remody]ing, repair and demolitioll.of utilities, structures and roads and land
clearing) includes, but is Il()t1irnited to asbestos waste, garbage, corrugated container board,
eleftrical fixtures containing hazardous liquids such as fluorescent light ballasts or transformers,
fluorescent lights, carpeting, furniture, appliances, tires, drums, containers greater than ten
gallons ill size, any coritain8rs ha:vil1g more than one inch of residue remaining on the bottom
and fuel tanks. SpecificallyexcludediTom the definition of construction and demolition debris is
solid waste (including what otherwise would be construction and demolition debris) resulting
from any processing technique, other than that employed at a department-approved C&D debris
processing facility, that renders individual waste components unrecognizable, such as
pulverizing or shredding. Also, waste contained in an illegal disposal site may be considered
C&D debris if the department determines that such waste is similar in nature and content to
C&D debris.
Construction and demolition debris processine: facility: a processing facility that receives and
processes construction and demolition debris by any means.
Municipal solid waste: combined household, commercial and institutional waste materials
generated in a given area.
Recvclable: solid waste that exhibits the potential to be used repeatedly.
December 29,2010
RecvcIables handlinl! and recovery facility: a solid waste processing facility, other than
collection and transfer vehicles, at which nonputrescible recyclables are separated from the
solid waste stream or at which previously separated nonputrescible recyclables are
processed.
Solid waste manal!ement facility: any facility employed beyond the initial solid waste
collection process and managing solid waste, including but not limited to: storage areas or
facilities; transfer stations; rail-haul or barge-haul facilities; landfills; disposal facilities;
solid waste incinerators; refuse-derived fuel processing facilities; pyrolysis facilities; C&D
debris processing facilities; land application facilities;coniposting facilities; surface
impoundments; used oil storage, reprocessing, and rerefining facilities; recyclables handling
and recovery facilities; waste tire storage facilities; and regulated medical waste treatment
facilities. The term includes all structures, appurtenances, and improvements on the land
used for the management or disposal of solid waste.
Household Hazardous Waste: Household hazardous waste which but for its point of
generation, would be a hazardous waste under 6 NYCRR Part 371, including pesticides as
defined in ECL article 33.
." ..
Hazardous Material: Material wh.ichis.~present orpofential hazard to human health or the
environment when improperly storeg, tr?gsgorted or disposed of or otherwise managed,
including, without exception, all residuaLpii,hYgro~arbon prodllcts, including but not limited to
gasoline, oil, fuel a1~g(l,jt~e~ oil, a11d ~!s.? aI1ybi;l:WL toxic,c.a.ustic or corrosive chemicals,
radioactive materi.a....I.s........P... r........o... ther?ll......b.........stances list~...d.. in T.it..I.e.... ,4,.0.. .0.J...the Cod....~ .of Federal Regulations or
the New York... S. t...a.t.e'Departmerif.qf Envil"ofunent.aLGol1se.rv.....fL.tionRules a11d Regulations for
Hazardous Materials (6 NYCRR 597).m . .. .
.:,....". ":','::
-, "., ';',."
Leachate: any solid waste in th~f()~mof a liquid, including any suspended components in the
liquid, that results from contactorpassagethrough solid waste.
2
December 29,2010
Amend Chapter 194, Part 2, Article IX, Special Permits.
Add 9194-XX Solid Waste Management Facility and Recyclables Handling and Recovery
Facility
Purpose. Solid waste management and recyclables handling and recovery facilities are essential
to public health and safety and the continued development of the economy of the Town as well
as the general welfare of its citizens. It is the intent of this section to allow the Planning-Board
the authority to permit Solid Waste Management Facilities and Recyclables Handling and
Recovery Facilities provided the Planning Board finds that the application meets all the general
conditions of Article IX (Special Permits) and fllrtller meets all of the applicable conditions set
fGlih in this section. .
Standards.
'-C'-, '''C.'
A. Limitations on so.l..i..d..............w...... a.s.te....m. anagement..... ..a. nd r~cyclab.les hand.lin....g. and recovery facilities. No
person shall opera~f;~#y~.8lidwClste mana.gelllent fa.6ilityo~ recyd?-t>les handling and recovery
facilhy withouta.sp~cial permitfro1Il the Pla.llnillg:soarcl'or:s.uildillg Inspector as applicable.
Solid waste management and recyclables ha.nCilil1g and recovery. facilities as defined by 6
NYRCC 360-1.2 (a) (1) and (b) (38);(39), (106),(130), (131), (158), shall be permitted in the
Town of East FishkilI. .. .
B. Compliance with applicable law.
I. Prior to issuance of th~ special permit, the applicant shall have complied with all applicable
Federal, State, County or localrequirements, rules or regulations as they relate to a solid
waste.lIlCinagement faciEtyor recyclCi?les handling and recovery facility. If a solid waste
management facility or recyclablesl1alldlillg and recovery facility is required to create an
improvement()r structure tOIJ:leet a futUre applicable law, the Planning Board shall have the
authority to modify the conditi()ns of the special permit herein if it is determined that these
standards are incoJJflict witllany applicable Federal, State, County or local requirements,
rules, or regulations as the:yrelate to a solid waste management facility or recyclables
handling and recovery facility. For any improvement or structure that is reviewed and
approved by NYSDEC, the Building Inspector shall have the authority to issue the special
permit.
2. Any solid waste management and recyclables handling and recovery facilities existing at the
time of the enactment of this chapter or any amendments thereto shall without further action
be issued a special permit although such use does not conform to the provisions of this
section.
C. Location. Solid waste management and recyclables handling and recovery facilities shall be
pelmitted only within Industrial districts (I-I, 1-2, and 1-3). The propeliy shall have at least 200
3
December 29,2010
feet of frontage along a state road. Any solid waste management and recyclables handling and
recovery facilities existing at the time of adoption of this section or any amendments thereto,
shall without further action be issued a special pennit although such use does not conform to the
provisions of this section.
D. Minimum Lot Size. The minimum lot size shall be 15 acres for the operation of a solid waste
managementlrecyclables handling and recovery facility. Facilities should be confined to the
smallest practical area. All solid waste management and recyclables handling and recovery
facilities existing at the time of the enactment of this chapter or any amendments thereto may be
continued although such use does not conform to the minimum lotsize.
1. Expansion of a facility: There sha,.ll be no minimum required lot size for parcels acquired for
the purpose of expanding a solid waste management facility and recyclables handling and
recovery facility existing at the time of the enactment of this chapter provided the total
aggregate area of the existing facility is equal to or greater than 15 acres and the lots are
contiguous to the existing facility. Facilities shall be confined to the smallest practical area,
E, Setbacks. No building, structure, parking area"or outdoor storage area associated with a solid
waste management and recyclables handling andre~overy f<l~ilities shall be closer than 200 feet
to any adjoining property. No solig.'f~ste managenient anclrecyclables handling and recovery
facilities established before the effective date of this chapter and nonconforming as to setbacks
shall be required to confonn therewith: ,.
,-. . .... .-.
..' . ""--"" ".
, .- . "
, . --' ,. ..
"_',. ., "".- ,.",c".
-".... ....
,_do ','_'__".":.- :-',':."
F. Buffers and screening"1'l1esolid wast!? ITIanageln~I1! and recyclables handling and recovery
facilities, includin. g ,...........s.....t...'.r..u. ctur'es;..b".". u.ildings,p....ar..,..king. .a.r. e, a.....s. '.,....a, ,.1...1. d outd,.O.. '.. 0.. .r storage areas shall be
'. . .'. ,- .... -..',,'" '-- -..
screened fromall)'sllrtoundinguge~ as requil'~PP)'the Plai1~ing Boa;d. The type of screening
shall be at the' discretion of the:'Planning,J3pa,rd, basedon.consideration of protecting
surrounding uses, l11.inimizing noise; odor, and adve,rse aesthetic impact.
>",' -'
"'-. . '..
-.- -.. .
G. Onlyresiclential, cOl11.lTIercia.I,anClhousehold nOll~hazardous waste as defined by the New
York State Department of Environmental Conservation (NYSDEC) shall be accepted at solid
waste management and recyclables handling and recovery facilities. Hazardous household waste
as defined under 6 NYCRR Part 371, including pesticides as defined in Environmental
Conservation Law (ECL) article 33 are prohibited.
", -:.' -.,',:-':.'
- .
. '. . .
". . ' ".".
,. , ' ...
,- - ., ..... '-'.'"
", ....
.-...... ...... -,.
H. Unloadinga.lldJoading areas$gall be adequate in size to facilitate efficient unloading from
the collection vehicles and the unqHstructed movement of vehicles;
1. All operations, including IOaqU1g and unloading, shall occur within fully enclosed buildings
with an impermeable floor system. Any leachate shall be collected in an impermeable collection
system and hauled offsite for disposal as required by applicable laws. There shall be no outdoor
storage of hazardous or materials regulated under 6 NYCRR 360 in a manner that could allow
them to become airboume, leach into the ground, or flow into any watercourse;
1. All reasonable measures shall be employed to collect, properly contain, and dispose of
scattered litter and leachate, including frequent policing of the area. The facility shall be
managed in such a manner that noise, dust and odors do not constitute a hazard to human health.
The facility shall be managed in such a manner that the attraction, breeding and emergence of
birds, insects, rodents and other vectors do not constitute a health hazard. No materials shall be
4
December 29,2010
disposed of into the ground, air, or into any waterbodies except pursuant to applicable permits
and approvals issued by federal, state, and county health and environmental agencies.
K. All solid waste management and recyclables handling and recovery facilities shall be required
to install security fencing around the entire facility to prevent unauthorized entry or dumping at
the site.
1. Additional conditions. The Planning Board may, in its discretion, establish additional
conditions that it deems necessary and appropriate, based upon circumstances that exist at the
time of the granting of the special permit.
5
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 not 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 enough 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.
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.
Part 3:
DETERMINATION OF SIGNIFICANCE - Type 1 and Unlisted Actions
Identify the Portions of EAF completed for this project: D Part 1 D Part 2 D 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 reasonably determined by the lead agency that:
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.
DA.
DB.
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 have been required, therefore
a CONDITIONED negative declaration will be prepared.*
Dc,
The project may result in one or more large and important impacts that may have a significant impact on the
environment, therefore a positive declaration will be prepared.
* A Conditioned Negative Declaration is only valid for Unlisted Actions.
Amendments to allow Sold Waste Management and Recycling, Handling, and Recovery Facilities and Recycling
Contractor's Yard by Special Permit
Name of Action
Town Board of the Town of East Fishkill
Name of Lead Agency
John Hickman
Supervisor
Title of Responsible Officer
Print or Type Name of Responsible Officer in Lead Agency
1L 41./
Signature of Responsible Officer in Lead Agency
Signature of Preparer (if different from responsible officer)
December 29,2010
Date
PART 1- PROJECT INFORMATION
Prepared by Project Sponsor
NOTICE: This document is designed to assist in determining whether the action proposed may have a significant effect on the
environment. Please complete the entire form, Parts A through E. Answers to these questions will be considered as part of the
application for approval and may 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 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 and specify each instance.
NAME OF ACTION
Amendments to allow Sold Waste Management and Recycling, Handling, and Recovery Facilities and Recycling
Contractor's Yard by Special Permit
LOCATION OF ACTION (INCLUDE STREET ADDRESS, MUNICIPALITY AND COUNTY)
Town of East FishkiIl
NAME OF ApPLICANT/SPONSOR BUSINESS TELEPHONE
Town Board of the Town of East Fishkill ( 845) 221-4303
ADDRESS
330 Route 376
CITY/PO STATE l ZIP CODE
Hopewell Junction NY 12533
NAME OF OWNER (IF DIFFERENT) BUSINESS TELEPHONE
( )
ADDRESS
CITY/PO STATE \ ZIP CODE
DESCRIPTION OF ACTION
Please Complete Each Question-Indicate NA if not applicable
A. Site Description
physical setting of overall project, both developed and undeveloped areas.
1. Present Land Use: Durban D Industrial D Commercial D Residential (suburban) D Rural (non-farm)
o Forest D Agriculture D Other Mix of rural, suburban, and commercial uses
2. Total acreage of project area: N/A acres.
APPROXIMATE ACREAGE
Meadow or Brushland (Non-agricultural)
Forested
Agricultural (Includes orchards, cropland, pasture, etc.)
Wetland (Freshwater or tidal as per Articles 24, 25 of ECl)
Water Surface Area
Unvegetated (Rock, earth or fill)
Roads, buildings and other paved surfaces
Other (Indicate type)
PRESENTLY
AFTER COMPLETION
acres
acres
acres
acres
acres
acres
acres
acres
acres
acres
acres
acres
acres
acres
acres
acres
3. What is predominant soil type~s) on the project site? N/A
a. Soil drainage: D Well drained % of site D Moderately well drained
D 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?
Are there bedrock outcroppings on project site? N/A
What is the depth to bedrock? (in feet) N/A
Approximate percentage of proposed project site with slopes: N/A 0 0-10%
D 15% or greater
Is project substantially contiguous to, or contain a building, site, or district, listed on the State or DYes
National Registers of Historic Places? N/A
% of site.
N/A
Acres (see 1 NYCRR 370)
DYes 0 No
4.
%
D 10-15%
%
5.
%
o No
6.
Is project substantially contiguous to a site listed on the Register of National Natural LandmarkS?D Yes
NfA
8. What is the depth of the water table? NfA (in feet)
7.
9. Is site located over a primary, principal, or sole source aquifer? NfA
10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? NfA
11. Does project site contain any species of plant or animal life that is identified as threatened or
endangered? NfA
According to:
Identify each species:
12. Are there any unique or unusual land forms on the project site? (Le., cliffs, dunes or other
geological formations? NfA
Describe:
DYes
DYes
DYes
D No
o No
o No
o No
DYes
o No
13. Is the project site presently used by the community or neighborhood as an open space or
recreation area? NfA
If yes, explain:
DYes
DNo
14. Does the present site include scenic views known to be important to the community? NfA
15. Streams within or contiguous to project area? NfA
a. Name of Stream and name of River to
which it is tributary:
16. Lakes, ponds, wetland areas within or contiguous to project area: NfA
a. Name:
b. Size (in acres):
17. Is the site served by existing public utilities? NfA
a. If YES, does sufficient capacity exist to allow connection?
b. If YES, will improvements be necessary to allow connection?
18. Is the site located in an agricultural district certified pursuant to Agriculture and Markets Law,
Article 25-M, Section 303 and 304? NfA
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 6177 NfA
20. Has the site ever ,been used for the disposal of solid or hazardous waste? NfA
DYes
o No
DYes D No
DYes D No
DYes DNo
DYes DNo
DYes D No
DYes DNo
B. Project Description
1. physical dimensions and scale of project (fill in dimensions as appropriate).
a. Total contiguous acreage owned or controlled by project sponsor NfA
b. Project acreage to be developed: NfA acres initially; NfA
acres.
acres ultimately.
c. Project acreage to remain undeveloped
d. Length of project, in miles: NfA
NfA
acres.
(If appropriate)
NfA
%
e. If the project is an expansion, indicate percent of expansion proposed
f. Number of off-street parking spaces existing NfA
g. Maximum vehicular trips generated per hour NfA
h. If residential: Number and type of housing units?
One Family Two Family
; proposed
(upon completion of project)?
Multiple Family Condominium
NfA
N/A
Initially
Ultimately
NfA
NfA
NfA
N/A
width;
N/A
height;
L Dimensions (in feet) of largest proposed structure N/A
N/A
NfA
NfA
length.
j. Linear feet of frontage along a public thoroughfare project will occupy is? N/A
2. How much natural material (Le., rock, earth, etc.) will be removed from the site? N/A
3. Will disturbed areas be reclaimed? N/A D N/A
ft.
tons/cubic yards.
DYes c=J No
a. If yes, for what intended purpose is the site being reclaimed?
b. Will topsoil be stockpiled for reclamation? DYes
c. Will upper subsoil be stockpiled for reclamation? DYes
4. How many acres of vegetation (trees, shrubs, ground covers) will be removed from site? N/A
5. Will any mature forest (over 100 years old) or other locally-important vegetation be removed by DYes
this project? N/A
If single phase project: Anticipated period of construction N/A
If multi-phased: N/A
a. Total number of phases anticipated N/A
b. Anticipated date of commencement phase 1 N/A
c. Approximate completion date of final phase N/A
d. Is phase 1 functionally dependent of subsequent phases? N/A
8. Will blasting occur during construction? N/A
9. Number of jobs generated: during construction N/A
10. Number of jobs eliminated by this project N/A
11. Will project require relocation of any projects or facilities? N/A
If yes, explain:
c=J No
c=J No
acres.
c=J No
6.
7.
months, (including demolition)
(number)
month
N/A
N/A
year, including (demolition)
month
year.
DYes
DYes
N/A
; after project is complete
DYes
c=J No
c=J No
ONo
12. Is surface liquid waste disposal involved? N/A
a. If yes, indicate type of waste (sewage, industrial, etc) and amount
b. Name of water body into which effluent will be discharged
13. Is subsurface liquid waste disposal involved? N/A Type
14. Will surface area of an existing water body increase or decrease by proposal? N/A
If yes, explain:
15. Is project or any portion of project located in a 100 year flood plain? N/A
16. Will the project generate solid waste? N/A
a. If yes, what is the amount per month? tons
b. If yes, will an existing solid waste facility be used?
c. If yes, give name ; location
d.Will any wastes not go into a sewage disposal system or into a sanitary landfill?
e. If yes, explain:
17. Will the project involve the disposal of solid waste? N/A
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? N/A
19. Will project routinely produce odors (more than one hour per day)? N/A
20. Will project produce operating noise exceeding the local ambient noise levels? N/A
21. Will project result in an increase in energy use? N/A
If yes, indicate type(s):
22. If water supply is from wells, indicate pumping capacity N/A gallons/minute
DYes
ONo
DYes o No
DYes ONo
DYes c=J No
DYes ONo
DYes 0 No
DYes 0 No
DYes D No
DYes
DYes
DYes
DYes
D No
o No
o No
o No
23. Total anticipated water usage per day N/A
24. Does project involve Local, State, or Federal funding? N/A
If yes, explain:
25. Approvals Required:
gallons/day
DYes
o No
1. Does proposed action involve a planning or zoning decision? DYes
If Yes, indicate decision required:
rn Zoning amendment 0 Zoning variance 0 Neyv/revision of master plan 0 Subdivision
o Site plan 0 Special use permit 0 Resource management plan 0 Other
2. What is the zoning c1assification(s) of the site? See addendum
3. What is the maximum potential development of the site if developed as permitted by the present zoning?
N/A
City, Town, Village Board m Yes D No
City, Town, Village Planning Board DYes []] No
City, Town, Village Zoning Board DYes [K] No
City, County Health Department DYes [K] No
Other Local Agencies DYes [K] No
Other Regional Agencies []] Yes D No
State Agencies DYes [K]No
Federal Agencies DYes [K]No
C. Zoning and Planning Information
Submittal Date
Type
Adoption
Referral Only
County Planning
o No
4. What is the proposed zoning of the site? See addendum
5. What is the maximum potential development ofthe site if developed as permitted by the proposed zoning?
See addendum
6. Is the proposed action consistent with the recommended use~s in adopted local land use plans? m Yes
7. What are the predominant land use(s) and zoning classifications within a Y.-mile radius of proposed action?
N/A
D No
8. Is the proposed action compatible with adjoining/surrounding land uses with a Y. mile? N/A
9. If the proposed action is the subdivision of land, how many lots are proposed? N/A
a. What is the minimum lot size proposed? N/A
10. Will the proposed action require authorization(s) for the formation of sewer of water districts?
11. Will the proposed action create a demand for any community provided services (recreation,
education, police, fire protection)?
a. If yes, is existing capacity sufficient to handle projected demand?
12. Will the proposed action result in the generation of traffic significantly above present levels?
a. If yes, is the existing road network adequate to handle the additional traffic?
DYes
o No
D. Informational Details
DYes [K] No
DYes [K] No
DYes ONo
DYes [K]No
DYes D No
Attach any additional information as may be needed to clarify your project. If there are or may be an adverse impacts associated
with your proposal, please discuss such impacts and the measures which you proposed to mitigate or avoid them.
E. Verification
I certify that the information provided above is true to the best of my knowledge.
Applicant/Sponsor Name Michelle Robbins
Signature
Date
December 29, 2010
Title
Technical Director, AKRF, Inc.
If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with
this assessment.
EAF Part 3:
Amendments to allow Solid Waste Management and Recycling Handling and
Recovery Facilities and Recycling Contractor's Yard by Special Permit
A. INTRODUCTION
This document represents Part 3 of the Enviromnental Assessment Fonn (EAF) in which more
specific information on the proposed amendments to the Zoning Code of the Town of East
Fishkill (the "Proposed Action") with respect to land development regulations is provided and
potential impacts evaluated. The EAF by necessity contains numerous instances of "N/ A" ("Not
Applicable") because of the generic nature of the Proposed Action. The proposed amendments
would affect the Town's Industrial Zones (I-I, 1-2, and 1-3) and properties along State or County
Roads in Industrial Districts within Y2-mile ofInterstate 1-84. In addition, the amendments would
also affect any Solid Waste Management Facilities and Recycling Handling and Recovery
Facilities existing prior to the adoption of these amendments. This Part 3 provides additional
information relevant to each of the proposed amendments and their combined potential impact
on the environment of the Town of East Fishkill. The Proposed Action is considered a Type I
action under the State Environmental Quality Review Act (SEQRA).
B. DESCRIPTION OF THE PROPOSED ACTION
The Town Board of the Town of East Fishkill has embarked upon a process of updating its local
regulations regarding land development to promote economic development as well as public
health and safety and the general welfare of its citizens. The proposed amendments to the
Zoning Code, which comprise the Proposed Action, are intended to achieve the following
objectives:
It Provide defmitions and Special Pennit Criteria for Solid Waste Management and Recycling,
Handling and Recovery facilities to ensure that the Town's site standards for these facilities
allow the continued development of the economy while protecting environmental quality
and minimizing noise, odor and aesthetic impacts to surrounding properties.
8 Provide definitions and Special Permit criteria for a Recycling Contractor's Yard to ensure
that the Town's site standards promote responsible growth consistent with the Town's
community character and the preservation of the Town's environmental quality while
protecting environmental quality and minimizing noise and aesthetic impacts to surrounding
properties.
ZONING AMENDMENTS
The proposed Zoning Amendments (see Appendix 1) are summarized by Chapter and Article
below.
Amend Chapter 194, Part 2, Article IX, Special Permits.
Add 9194-XX Solid Waste Management Facility and Recyclables Handling and Recovery
Facility
1
December 29. 2010
Town of East Fishkill Town Code Amendments
Add S194-XX Recycling Contractor's Yard
ARTICLE Xl, PLANNING BOARD SPECIAL PERMITS - SUPPLEMENTARY USE
REGULATIONS;
Add "Solid Waste Manarrement and Recvclin Handlinrr and Recover acilities"
8 Enumerates special permit criteria for "Solid Waste Management and Recycling,
Handling and Recovery facilities" permitted within Industrial zones (I-I, 1-2, 1-3). The
proposed special permit criteria would provide dimensional standards and site planning
guidelines for buildings and associated buffer and landscaping areas. In addition, the
special permit criteria would list operating conditions with the goal of minimizing noise,
odor and aesthetic impacts to surrounding properties.
Add "Recvcling Contractor 's Yard"
il Enumerates special permit criteria for a "Recycling Contractor's Yard ", permitted in
Industrial zones within 'li mile of Interstate 1-84. The proposed special permit criteria
would provide dimensional standard and site plam1ing guidelines as well as specific
operating conditions to minimize noise and aesthetic impacts to surrounding propeliies.
C. POTENTIAL ENVIRONMENTAL IMP ACTS OF THE PROPOSED
ACTION
ZONING AMENDMENTS
CHAPTER 194, PART 1
ARTICLE 11, "DEFINITIONS"
The amendments to Article XI would be limited to thirteen new definitions for tenus used in the
proposed special permits as listed below. No significant adverse environmental impacts would
result from the proposed definitions related to the amendments in Article XI.
SOLID WASTE: any garbage, refuse, sludge from a wastewater treatment plant, water supply
treatment plant, or air pollution control facility and other discarded materials including solid,
liquid, semi-solid, or contained gaseous material, resulting from industrial, commercial, mining
and agricultural operations, and from community activities, but does not include solid or
dissolved materials in domestic sewage, or solid or dissolved materials in irrigation return flows
or industrial discharges that are point sources subject topennit under 33 USC 1342, as amended
(86 Stat. 880), or source, special nuclear or by-product material as defined by the Atomic Energy
Act of 1954, as amended (68 Stat. 923) except as may be provided by existing agreements
between the State of New York and the government ofthe United States (see section 360-1.3 of
this Part).
CONSTRUCTION AND DEMOLITION (C&D) DEBRIS: uncontaminated solid waste
resulting from the construction, remodeling, repair and demolition of utilities, structures and
roads; and uncontaminated solid waste resulting from land clearing. Such waste includes, but is
not limited to bricks, concrete and other masonry materials, soil, rock, wood (including painted,
December 29,2010
2
EAF Part III
treated and coated wood and wood products), land clearing debris, wall coverings, plaster,
drywall, plumbing fixtures, non-asbestos insulation, roofing shingles and other roof coverings,
asphaltic pavement, glass, plastics that are not sealed in a manner that conceals other wastes,
empty buckets ten gallons or less in size and having no more than one inch of residue remaining
on the bottom, electrical wiring and components containing no hazardous liquids, and pipe and
metals that are incidental to any of the above. Solid waste that is not C&D debris (even if
resulting from the construction, remodeling, repair and demolition of utilities, structures and
roads and land clearing) includes, but is not limited to asbestos waste, garbage, corrugated
container board, electrical fixtures containing hazardous liquids such as fluorescent light ballasts
or transformers, fluorescent lights, carpeting, furniture, appliances, tires, drums, containers
greater than ten gallons in size, any containers having more than one inch of residue remaining
on the bottom and fuel tanks. Specifically excluded from the definition of construction and
demolition debris is solid waste (including what otherwise would be construction and demolition
debris) resulting from any processing technique, other than that employed at a depmiment-
approved C&D debris processing facility, that renders individual waste components
unrecognizable, such as pulverizing or shredding. Also, waste contained in an illegal disposal
site may be considered C&D debris if the department determines that such waste is similar in
nature and content to C&D debris.
CONSTRUCTION AND DEMOLITION DEBRIS PROCESSING FACILITY: a processing
facility that receives and processes construction and demolition debris by any means.
MUNICIP AL SOLID WASTE: combined household, commercial and institutional waste
materials generated in a given area.
RECYCLABLE: solid waste that exhibits the potential to be used repeatedly.
RECYCLABLES HANDLll.JG AND RECOVERY FACILITY: a solid waste processing
facility, other than collection and transfer vehicles, at which non-putrescible recyclables are
separated from the solid waste stream or at which previously separated non-putrescible
recyclables are processed.
SOLID WASTE MANAGEMENT FACILITY: any facility employed beyond the initial solid
waste collection process and managing solid waste, including but not limited to: storage areas or
facilities; transfer stations; rail-haul or barge-haul facilities; landfills; disposal facilities; solid
waste incinerators; refuse-derived fuel processing facilities; pyrolysis facilities; C&D debris
processing facilities; land application facilities; compo sting facilities; surface impoundments;
used oil storage, reprocessing, and rerefining facilities; recyclables handling and recovery
facilities; waste tire storage facilities; and regulated medical waste treatment facilities. The term
includes all structures, appurtenances, and improvements on the land used for the management
or disposal of solid waste.
HOUSEHOLD HAZARDOUS WASTE: Household hazardous waste which but for its point of
generation, would be a hazardous waste under 6 NYCRR Part 371, including pesticides as
defined in ECL article 33.
HAZARDOUS MATERIAL: Material which is a present or potential hazard to human health or
the environment when improperly stored, transpOlied or disposed of or otherwise managed,
including, without exception, all residual oil, hydrocarbon products, including but not limited to
gasoline, oil, fuel and diesel oil, and also any other toxic, caustic or corrosive chemicals,
radioactive materials or other substances listed in Title 40 of the Code of Federal Regulations or
3
December 29,2010
Town of East Fishkill Town Code Amendments
the New York State Department of Environmental Conservation Rules and Regulations for
Hazardous Materials (6 NYCRR 597).
LEACHATE: any solid waste in the form of a liquid, including any suspended components in
the liquid that results from contact or passage through solid waste.
CONTRACTOR'S YARD: Any space, whether inside or outside a building on a parcel of land,
used for the storage or keeping of construction supplies, materials, equipment, machinery or
vehicles or pmis thereof, whether they are in operable or inoperable condition or in active or
inactive use by a person or other entity.
RECYCLING CONTRACTOR'S YARD: Any space whether inside or outside a building on a
parcel of land, used for the temporary storage, handling, processing or screening of the following
materials: compost; land clearing debris; blacktop/asphalt; natural wood materials; bricks,
concrete and other masonry products; and top soil.
TEIvJ:PORARY STORAGE: [We may want to specify the length oftime the Town would allmv
materials to be stored on site]
ARTICLE Xl, PLANNING BOARD SPECIAL PERMITS - SUPPLEMENTARY USE
REGULATIONS;
Add "Solid Waste Manaaement acilities and Recvclina Handlina and Recoverv acilities"
The proposed amendments to Article XI would include the creation of a special permit to allow
"Solid Waste Management facilities and Recycling, Handling and Recovery facilities" as a
Special Permit Use within the Industrial Zoning Districts (I-I, 1-2, 1-3). Under the proposed
amendments, a solid waste management and recycling, handling and recovery facility could only
be located on parcels no less than 15 acres in size mld must have at least 200 feet of frontage
along a state road. The amendments would require that no building be constructed closer than
200 feet to any adjoining property. The special permit criteria would also require that the facility
and its associated structures, buildings, parking areas, and outdoor storage be screened from any
surrounding uses. These amendments are made primarily to reflect the Town's desire to promote
economic development and improve community character and environmental quality through
better site design while recognizing the critical public service provided by solid waste
management and recycling, handling and recovery facilities. By requiring a Special Permit for
this use, the Town seeks to ensure that the site design of these facilities would protect
environmental quality and minimize noise, odor and aesthetic impacts to surrounding properties.
Therefore, no significant adverse environmental impacts would result from the proposed solid
waste management and recycling, handling and recovery facilities special permit.
Add "Recvcling Contractor's Yard"
The proposed amendments to Article XI include the creation of a special permit to allow
"Recycling Contractor's Yards" within industrial zoning districts located within Ih-mile of
Interstate 1-84. The proposed special permit would give the Planning Board the discretion to
allow a recycling contractor's yard provided the applicant met the specific criteria listed in the
special permit. The special permit criteria would also require that the recycling contractor's yard
and its associated structures, buildings, parking areas, and outdoor storage be screened from any
surrounding uses. These amendments are made primarily to reflect the Town's desire to promote
economic development and improve community character and environmental quality through
December 29,2010
4
EAF Part III
better site design while recognizing the critical public service provided by recycling contractor's
yards. By requiring a Special Permit for this use, the Town seeks to encourage economic
development in the industrial zones and protect environmental quality and minimize noise, odor
and aesthetic impacts to sun-ounding properties. Therefore, no significant adverse environmental
impacts would be expected to result from the proposed recycling contractor's yard special
permit.
CUMULATIVE IJ\fP ACTS
The State Environmental Quality Review Act (SEQRA) requires that the cumulative impacts of
one or several actions be considered together. The Proposed Action contains revisions to land
development regulations that would promote economic development as well as public health and
safety and the general welfare of its citizens while protecting environmental quality and
minimizing noise, odor and aesthetic impacts to surrounding properties. The potential effect on
the environment from these amendments would not result in impacts when considered
independently or cumulatively. The cumulative impact of the amendments is to bring land use
regulation into accord with current development practice and experience given the conditions
within the Town of East Fishkill. Given the mandate to protect the community character and
environmental quality of the Town of East Fishkill, the Town's approach to zoning and
environmental regulation is justified and in keeping with the objectives of the Town's Master
Plan and local and regional planning principles.
D. CONCLUSION
The Proposed Action is intended to promote economic development, enhance and protect
community character and provide additional environmental protection to natural resources
within the Town. In assessing the Proposed Action for potential environmental impacts, the
Town Board of the Town of East Fishkill, acting as Lead Agency under the State Environmental
Quality Review Act has determined that the Proposed Action would:
(i) Not result in "a substantial adverse change in existing air quality, ground or surface
water quality or quantity, traffic or noise levels; a substantial increase in solid waste
production; a substantial increase in potential for erosion, flooding, leaching or drainage
problems;" (S6l7.7(c)(1)(i))
(ii) Not result in "the removal or destruction of large quantities of vegetation or fauna;
substantial interference with the movement of any resident or migratory fish or wildlife
species; impacts on a significant habitat area; substantial adverse impacts on a
threatened or endangered species of animal or plant, or the habitat of such a species; or
other significant adverse impacts to natural resources;" (S617.7(c)(1)(ii))
(iii) Not result in "the impairment of the environmental characteristics of a Critical
Environmental Area as designated pursuant to subdivision 617.14(g) of this Part;"
(S617.7(c)(1)(iii))
(iv) Not result in "the creation of a material conflict with a community's cunent plans or
goals as officially approved or adopted;" (S6l7 .7( c)(1 )(iv))
(v) Not result in "the impairment of the character or quality of important historical,
archaeological, architectural, or aesthetic resources or of existing community or
neighborhood character;" (S6l7.7(c)(1)(v))
5
December 29,2010
Town of East Fishkill Town Code Amendments
(vi) Not result in "a major change in the use of either the quantity or type of energy;"
(S6l7. 7( c)(1 )(vi))
(vii) Not result in "the creation of a hazard to human health;" (S6l7.7(c)(1)(vii))
(viii) Not result in "a substantial change in the use, or intensity of use, of land including
agricultural, open space or recreational resources, or in its capacity to support existing
uses;" (S617.7(c)(1)(viii))
(ix) Not result in "the encouraging or attracting of a large number of people to a place or
places for more than a few days, compared to the number of people who would come to
such place absent the action;" (S6l7. 7( c )(1)(ix))
(x) Not result in "the creation of a material demand for other actions that would result in one
of the above consequences;" (S617.7(c)(1)(x))
(xi) Not result in "changes in two or more elements of the environment, no one of which has
a significant impact on the environment, but when considered together result in a
substantial adverse impact on the environment; or" (S6l7.7(c)(1)(xi))
(xii) Not result in "two or more related actions undertaken, funded or approved by an agency,
none of which has or would have a significant impact on the environment, but when
considered cumulatively would meet one or more of the criteria in this subdivision."
(S6l7.7(c)(1)(xii))
In conclusion, the Proposed Action would not have any significant adverse environmental
impacts.
*
December 29,2010
6
Recvclin2 Contractors Yard
Definitions:
CONTRACTOR'S YARD
Any space, whether inside or outside a building on a parcel of land, used for the storage or
keeping of construction supplies, materials, equipment, machil1ery or vehicles or parts thereof,
whether they are in operable or inoperable condition or in activeor inactive use by a person or
other entity.
RECYCLING CONTRACTOR'S YARD
Any space whether inside or outside a building on a parcel of land, used for the temporary
storage, handling, processing or screening of the following materials: compost; land clearing
debris; blacktop/asphalt; natural wood materials; bricks, concrete and other masonry products;
and top soil.
TEMPORARY STORAGE [We may want to speCify the
materials to be stored on site]
of time the Town would allow
Amend Chapter.194,Part 2, Article IX, SJ?eclal::r~trri.its.
Add S194-XX Recycli,zg Contractor's Yard
Purpose: To allow therecyclingancL processingof'compost and uncontaminated solid waste
resulting from land clearing and blacktop removal including asphalt, natural wood materials,
bricks, concrete and other masonry products, as well astop soil screening.
The Town of East Fishkillfinds thatthere is an increasing need to conserve natural resources
and landfillspace and to prornote the recycling of yard waste, asphalt, masonry materials, and
soil. It is the Pllrpose of this section to promote recycling, composting and resource recovery by
allowing the Planning Board the authority to pennit recycling contractor's yards along a State or
County Road in Industrial Distrisfswithin l;i-mile of Interstate I-84 provided the Planning Board
finds that the application meets all the general conditions of Article IX (Special Permits) and
further meets all of the applicable conditions set forth in this section.
Standards.
A. Limitations on Recycling Contractor's Yards. No person shall operate any recycling
contractor's yard without a special permit from the Planning Board or Building Inspector as
applicable. The following materials can be temporarily stored, processed, handled, and/or
screened at recycling contractor's yards: compost; land clearing debris; blacktop/asphalt; natural
wood materials; bricks, concrete and other masonry products; and top soil.
B. Compliance with applicable law.
1. Prior to issuance of the special permit, the applicant shall have complied with all applicable
Federal, State, County or local requirements, rules or regulations as they relate to the
storage, processing, handling or screening of the following materials: compost; land clearing
debris; blacktop/asphalt; natural wood materials; bricks, concrete and other masonry
products; and top soil. If a recycling contractors yard is required to create an improvement
or structure to meet a future applicable law, the Planning Board shall have the authority to
modify the conditions of the special permit herein if it is detennined that these standards are
in conflict with any applicable Federal, State, County or local requirements, rules, or
regulations as they relate to the storage, processing, handling or screening of the following
materials: compost; land clearing debris; blacktop/asphalt; natural wood materials; bricks,
concrete and other masonry products; and top soil.
C. Location. Recycling contractor's yards shall be pennitted only within Industrial districts (I-I,
1-2, and 1-3). The property shall have at least 100 feet of frontage along a state/county road and
be located within 1;j mile of Interstate 1-84.
D. Minimum Lot Size. The minimum lot size shall be 10 acres for the operation of a recycling
contractor's yard. Facilities should be confined to the smallest practical area.
E. Setbacks. No building, structure, parking area, or outdoor storage area associated with a solid
waste management and recyclables handling and recovery facilities shall be closer than 200 feet
to any adjoining residential property or 100 feet from any cOlmnercial or industrial property.
F. Buffers and screening. The recycling contractor's yard, including structures, buildings,
parking areas, and outdoor storage areas shall-be screened from any surrounding uses as required
by the Planning Board. The type of screening shall be at the discretion of the Planning Board,
based on consideration of protecting surrounding uses, minimizing noise, odor, and adverse
aesthetic impact.
G. Unloading and loading areas shall be adequate in size to facilitate efficient unloading from
the collection vehicles and the unobstructed movement of vehicles;
H. Procedures shall be in place to inspect all materials upon arrival at the facility to ensure that
they are appropriate to the permitted operation and to ensure that deliveries of materials that
cannot be safely handled and processed at the facility are not accepted.
1. No materials shall be disposed of into the ground, air, or into any waterbodies except pursuant
to applicable permits and approvals issued by federal, state, and county health and
environmental agencies.
J. All reasonable measures shall be employed to collect, properly contain, and dispose of all
materials and leachate, including frequent policing of the area. The facility shall be managed in
such a manner that noise, dust and odors do not constitute a hazard to human health. The facility
shall be managed in such a manner that the attraction, breeding and emergence of birds, insects,
rodents and other vectors do not constitute a health hazard.
K. The operation shall comply with all applicable provisions of this Chapter, including Section
9194-48. Obnoxious Uses. [if noise code is adopted we should reference noise code here].
K. All recycling contractor's yards shall be required to install security fencing around the entire
facility to prevent unauthorized entry or dumping at the site.
1. Additional conditions. The Planning Board may, in its discretion, establish additional
conditions that it deems necessary and appropriate, based upon circumstances that exist at the
time of the granting of the special permit.
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 expert environmental analyst.
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 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 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, short term and cumulative effects.
Instructions (Read Carefully)
a. Answer each of the 20 questions in PART 2. Answer Yes if there will be any impact.
b. Maybe answers should be considered as Yes answers.
c. 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.
d. Identifying 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.
e. If a reviewer has doubt about size of the impact then consider the impact as potentially large and proceed to PART 3.
f. If a potentially large impact checked in column 2 can be mitigated by change(s) in the project to a small to moderate impact, also check
the Yes box in column 3. A No response indicates that such a reduction is not possible. This must be explained in PART 3.
IMPACT ON LAND 1 2 3
1. Will the Proposed Action result in a physical change Small to Potential Can Impact be
to the project site? !g] NO 0 YES Moderate Large Mitigated by Project
Impact Impact Chanqe
Examples that would apply to column 2
Any construction on slopes of 15% or greater, (15 foot rise per 100 foot of length), or 0 0 DYES DNa
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. 0 0 DYES DNa
Construction of paved parking area for 1,000 or more vehicles. 0 0 DYES DNa
Construction on land where bedrock is exposed or generally within 3 feet of existing 0 0 DYES DNa
ground surface.
Construction that will continue for more than 1 year or involve more than one phase 0 0 DYES DNa
or stage.
Excavation for mining purposes that would remove more than 1,000 tons of natural 0 0 DYES DNa
material (I.e., rock or soil) per year.
Construction or expansion of a sanitary landfill. 0 0 DYES DNa
Construction in a designated floodway. 0 0 DYES DNO
Other impacts 0 0 DYES DNO
2. Will there be an effect to any unique or unusual land
forms found on the site? (I.e., cliffs, dunes, !g] NO 0 YES
geological)
Other impacts 0 0 DYES DNO
1
IMPACT ON WATER 1 2 3
3. Will Proposed Action affect any water body Small to Potential Can Impact be
designated? (Under Articles 15, 24, 25 of the I8l NO 0 YES Moderate large Mitigated by Project
Environmental Conservation law, ECl) Impact Impact Change
Examples that would apply to column 2
Developable area of site contains a protected water body. 0 0 DYES DNO
Dredging more than 100 cubic yards of material from channel of a protected stream. 0 0 DYES D NO
Extension of utility distribution facilities through a protected water body. 0 0 DYES D NO
Construction in a designated freshwater or tidal wetland. 0 0 DYES D NO
Other impacts 0 0 DYES D NO
4. Will Proposed Action affect any non-protected I8l NO 0 YES
existing or new body of water?
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 0 0 DYES DNO
10-acre increase or decrease.
Construction of a body of water that exceeds 10 acres of surface area. 0 0 DYES D NO
Other impacts 0 0 DYES D NO
5. Will Proposed Action affect surface or ground water I8l NO 0 YES
quality or quantity?
Examples that would apply to column 2
Proposed Action will require a discharge permit. 0 0 DYES DNO
Proposed Action requires use of a source of water that does not have approval to 0 0 DYES DNO
serve proposed (project) action.
Proposed Action requires water supply from wells with greater than 45 gallons per 0 0 DYES DNO
minute pumping capacity.
Construction or operation causing any contamination of a water supply system. 0 0 DYES D NO
Proposed Action will adversely affect groundwater. 0 0 DYES D NO
Liquid effluent will be conveyed off the site to facilities which presently do not exist or 0 0 DYES D NO
have inadequate capacity.
Proposed Action would use water in excess of 20,000 gallons per day. 0 0 DYES D NO
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 0 0 DYES D NO
conditions.
Proposed Action will require the storage of petroleum or chemical products greater 0 0 DYES D NO
than 1,100 gallons.
Proposed Action will allow residential uses in areas without water and/or sewer 0 0 DYES D NO
services.
Proposed Action locates commercial and/or industrial uses which may require new 0 0 DYES D NO
or expansion of existing waste treatment and/or storage facilities.
Other impacts 0 0 DYES D NO
2
6, Will Proposed Action alter drainage flow or patterns, 1 2 3
or surface water runoff? !g] NO 0 YES Small to Potential Can Impact be
Moderate Large Mitigated by Project
Impact Impact Change
Examples that would apply to column 2
Proposed Action would change flood water flows. 0 0 DYES DNO
Proposed Action may cause substantial erosion, 0 0 DYES D NO
Proposed Action is incompatible with existing drainage patterns. 0 0 DYES D NO
Proposed Action will allow development in a designated floodway. 0 0 DYES D NO
Other impacts 0 0 DYES D NO
IMPACT ON AIR
7. Will Proposed Action affect air quality? !g] NO 0 YES
Examples that would apply to column 2
Proposed Action will induce 1,000 or more vehicle trips in any given hour. 0 0 DYES DNO
Proposed Action will result in the incineration of more than 1 ton of refuse per hour. 0 0 DYES DNO
Emission rate of total contaminants will exceed 5 Ibs. Per hour or a heat source 0 0 DYES DNO
producing more than 10 million BTU's per hour.
Proposed Action will allow an increase in the amount of land committed to industrial 0 0 DYES D NO
use.
Proposed Action will allow an increase in the density of industrial development within 0 0 DYES DNO
existing industrial areas.
Other impacts 0 0 DYES D NO
IMPACT ON PLANTS AND ANIMALS
8. Will Proposed Action affect threatened or !g] NO 0 YES
endangered species?
Examples that would apply to column 2
Reduction of one or more species listed on the New York or Federal list, using the 0 0 DYES DNO
site, over or near the site, or found on the site.
Removal or any portion of a critical or significant wildlife habitat. 0 0 DYES DNO
Application of pesticide or herbicide more than twice a year, other than for 0 0 DYES DNO
agricultural purposes.
Other impacts 0 0 DYES DNO
9. Will Proposed Action substantially affect non- !g] NO 0 YES
threatened or non-endangered species?
Examples that would apply to column 2
Proposed Action would substantially interfere with any resident or migratory fish, 0 0 DYES DNO
shellfish, or wildlife species.
Proposed Action requires the removal or more than 10 acres of mature forest (over 0 0 DYES DNO
100 years of age) or other locally important vegetation.
Other impacts 0 0 DYES DNO
IMPACT ON AGRICULTURAL LAND RESOURCES
10. Will Proposed Action affect agricultural land !g] NO 0 YES
resources?
Examples that would apply to column 2
The Proposed Action would sever, cross or limit access to agricultural land (includes 0 0 DYES DNO
cropland, hayfields, pasture, vineyard, orchard, etc.)
Construction activity would excavate or compact the soil profile of agricultural land. 0 0 DYES DNO
The Proposed Action would irreversibly convert more than 10 acres of agricultural DYES DNO
land or, if located in an Agricultural District, more than 2.5 acres of agricultural 0 0
land.
The Proposed Action would disrupt or prevent installation of agricultural land
management systems (e.g. subsurface drain lines, outlet ditches, strip cropping) 0 0 DYES DNO
or create a need for such measures (e.g. cause a farm field to drain poorly due
to increased runoff).
Other impacts 0 0 DYES DNO
3
IMPACT ON AESTHETIC RESOURCES
11. Will Proposed Action affect aesthetic resources? (If 1 2 3
necessary, use the Visual EAR Addendum Section Ig] NO D YES Small to Potential Can Impact be
617.20, Appendix B.) Moderate Large Mitigated by Project
Impact Impact Change
Examples that would apply to column 2
Proposed land uses, or project components obviously different from or in sharp D D DYES DNa
contrast to current surrounding land use patterns, whether man-made or natural.
Proposed land uses, project components visible to users of aesthetic resources
which will eliminate or significantly reduce their enjoyment of the aesthetic D D DYES DNa
qualities of that resource.
Project components that will result in the elimination or significant screening of D D DYES DNa
scenic views known to be important to the area.
Other impacts: Town Code Amendments are intended to enhance protection of D D DYES DNa
environmental quality and community character by providing specific site
design requirements to avoid aesthetic impacts.
IMPACT ON HISTORIC AND ARCHEOLOGICAL RESOURCES
12. Will Proposed Action impact any site or structure of Ig] NO D YES
historic, prehistoric or paleontological importance?
Examples that would apply to column 2
Proposed Action occurring wholly or partially within or substantially contiguous to D D DYES DNa
any facility or site listed on the State or National Register of Historic places.
Any impact to an archeological site or fossil bed located within the project site. D D DYES DNa
Proposed Action will occur in an area designated as sensitive for archeological sites D D DYES DNa
on the NYS Site Inventory.
Other impacts D D DYES DNa
IMPACT ON OPEN SPACE AND RECREATION
13. Will Proposed Action affect the quantity or quality of
existing or future open spaces or recreational Ig] NO D YES
opportunities?
Examples that would apply to column 2
The permanent foreclosure of a future recreational opportunity. D D DYES DNa
A major reduction of an open space important to the community. D D DYES DNa
Other impacts D D DYES DNa
4
IMPACT ON CRITICAL ENVIRONMENTAL AREAS
14. Will Proposed Action impact the exceptional or
unique characteristics of a critical environmental area jg] NO 0 YES
(CEA) established pursuant to subdivision 6NYCRR
617.14(g)?
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? 0 0 DYES o NO
Proposed Action will result in a reduction in the quantity of the resource? 0 0 DYES DNO
Proposed Action will result in a reduction in the quality of the resource? 0 0 DYES o NO
Proposed Action will impact the use, function or enjoyment of the resource? 0 0 DYES D NO
Other impacts 0 0 DYES o NO
IMPACT ON TRANSPORTATION
15. Will there be an effect to existing transportation [g] NO 0 YES
systems?
Examples that would apply to column 2
Alteration of present patterns of movement of people and/or goods. 0 0 DYES DNO
Proposed Action would result in major traffic problems. 0 0 DYES DNO
Other impacts 0 0 DYES DNO
IMPACT ON ENERGY
16. Will Proposed Action affect the community's sources [g] NO 0 YES
of fuel or energy supply?
Examples that would apply to column 2
Proposed Action will cause a greater than 5% increase in the use of any form of 0 0 DYES DNO
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 0 0 DYES DNO
major commercial or industrial use.
Other impacts 0 0 DYES o NO
NOISE AND ODOR IMPACT
17. Will there be objectionable odors, noise, or vibration [g] NO 0 YES
as a result of the Proposed Action?
Examples that would apply to column 2
Blasting within 1,500 feet of a hospital, school or other sensitive facility. 0 0 DYES o NO
Odors will occur routinely (more than one hour per day). 0 0 DYES DNO
Proposed Action will produce operating noise exceeding the local ambient noise 0 0 DYES DNO
levels for noise outside of structures.
Proposed Action will remove natural barriers that would act as a noise screen. 0 0 DYES DNO
Other impacts Amendments are intended to minimize noise. odor and aesthetic
impacts from solid waste manaqement and recyclinq, 0 0 DYES DNO
handlinq, and recovery facilities as well as recyclinq
contractor's yards.
5
IMPACT ON PUBLIC HEALTH
18. Will Proposed Action affect public health and safety? IgJ NO 0 YES
Examples that would apply to column 2
Proposed Action may cause a risk of explosion or release of hazardous substances
(i.e. oil, pesticides, chemicals, radiation, etc.) in the event of accident or upset 0 0 DYES DNa
conditions, or there may be a chronic low level discharge or emission.
Proposed Action may result in the burial of "hazardous wastes" in any form (I.e. 0 0 DYES DNa
toxic, poisonous, highly reactive, radioactive, irritating, infectious, etc.)
Storage facilities for one million or more gallons of liquefied natural gas or other 0 0 DYES o NO
flammable liquids.
Proposed Action may resiJlt in the excavation or other disturbance within 2,000 feet 0 0 DYES o NO
of a site used for the disposal of solid or hazardous waste.
Other impacts The proposed amendments recoqnize the critical public health
benefit provided by sold waste manaqement and recyclinq. handlinq and
recovery facilities as well as recvclina contractor's \lards.
IMPACT ON GROWTH AND CHARACTER OF COMMUNITY OR
NEIGHBORHOOD
19. Will Proposed Action affect the character of the IgJ NO 0 YES
existing community?
Examples that would apply to column 2
The permanent population of the city, town or village in which the project is located is 0 0 DYES o NO
likely to grow by more than 5%.
The municipal budget for capital expenditures or operating services will increase by 0 0 DYES DNO
more than 5% per year as a result of this project.
Proposed Action will conflict with officially adopted plans or goals. 0 0 DYES DNO
Proposed Action will cause a change in the density of land use. 0 0 DYES DNO
Proposed Action will replace or eliminate existing facilities, structures or areas of 0 0 DYES DNO
historic importance to the community.
Development will create a demand for additional community services (e.g. schools, 0 0 DYES DNO
police and fire, etc.)
Proposed Action will set an important precedent for future projects. 0 0 DYES o NO
Proposed Action will create or eliminate employment. 0 0 DYES DNO
Other impacts The proposed amendments are intended to promote economic
qrowth as well as public health and safety by permittinq solid
waste manaqement and recyclinq, handlinq and recovery
facilities and recvclina contractor's vard bv special permit.
20 Is there, or is there likely to be, public controversy related to potential
adverse environmental impacts?
IgJ NO 0 YES
If Any Action in Part 2 is identified as a Potential Large Impact or If you Cannot Determine the Magnitude of
Impact, Proceed to Part 3
6
.
j
Recvclin2 Contractors Yard
Amend Chapter 194, Part 2, Article IX, Special Permits.
Add S194-XX Recycling Contractor's Yard
Purpose. To allow the recycling and processing of compost and uncontaminated solid waste
resulting from land clearing and blacktop removal including asphalt, natural wood materials,
bricks, concrete and other masonry products, as well as top soil screening.
The Town of East Fishkill finds that there is an increasing need to conserve natural resources
and landfill space and to promote the recycling of yard waste, asphalt, masonry materials, and
soil. It is the purpose of this section to promote recycling, composting and resource recovery by
allowing the Planning Board the authority to pctrmit recycling contractor's yards along a State or
County Road in Industrial Districts within Y-i-mile of Interstate 1-84 provided the Planning Board
finds that the application meets all the general conditions of Article IX (Special Permits) and
further meets all of the applicable conditions set forth in this section.
Standards.
A. Limitations on Recycling Contractor's Yards. No person shall operate any recycling
contractor's yard without a special permit from the Planning Board or Building Inspector as
applicable. The following materials can be temporarily stored, processed, handled, and/or
screened at recycling contractor's yards: compost; land clearing debris; blacktop/asphalt; natural
wood materials; bricks, concrete and other masonry products; and top soil.
B. Compliance with applicable law.
1. Prior to issuance of the special permit, the applicant shall have complied with all applicable
Federal, State, County or local requirements, rules or regulations as they relate to the
storage, processing, handling or screening of the following materials: compost; land clearing
debris; blacktop/asphalt; natural wood materials; bricks, concrete and other masonry
products; and top soil. If a recycling contractors yard is required to create an improvement
or structure to meet a future applicable law, the Planning Board shall have the authority to
modify the conditions of the special permit herein if it is determined that these standards are
in conflict with any applicable Federal, State, County or local requirements, rules, or
regulations as they relate to the storage, processing, handling or screening of the following
materials: compost; land clearing debris; blacktop/asphalt; natural wood materials; bricks,
concrete and other masonry products; and top soil.
C. Location. Recycling contractor's yards shall be permitted only within Industrial districts (I-I,
1-2, and 1-3). The property shall have at least feet of frontage along a state/county road and
be located within Y-i mile of Interstate 1-84.
D. Minimum Lot Size. The minimum lot size shall be acres forthe operation of a recycling
contractor's yard. Facilities should be confmed to the smallest practical area.
E. Setbacks. No building, structure, parking area, or outdoor storage area associated with a solid
waste management and recyclables han;~~~~g and recovery facilities shall be closer than feet
to any adjoining residential property or!i,Q,Qi feet from any commercial or industrial property.
i
F. Buffers and screening. The recycling contractor's yard, including structures, buildings,
parking areas, and outdoor storage areas shall be screened from any surrounding uses as required
by the Planning Board. The type of screening shall be at the discretion of the Planning Board,
based on consideration of protecting surrounding uses, minimizing noise, odor, and adverse
aesthetic impact.
G. Unloading and loading areas shall be adequate in size to facilitate efficient unloading from
the collection vehicles and the unobstructed movement of vehicles;
H. Procedures shall be in place to inspect all materials upon arrival at the facility to ensure that
they are appropriate to the permitted operation and to ensure that deliveries of materials that
cannot be safely handled and processed at the facility are not accepted.
1. No materials shall be disposed of into the ground, air, or into any waterbodies except pursuant
to applicable permits and approvals issued by federal, state, and county health and
environmental agencies.
J. All reasonable measures shall be employed to collect, properly contain, and dispose of all
materials and leachate, including frequent policing of the area. The facility shall be managed in
such a manner that noise, dust and odors do not constitute a hazard to human health. The facility
shall be managed in such a manner that the attraction, breeding and emergence of birds, insects,
rodents and other vectors do not constitute a health hazard.
K. The operation shall comply with all applicable rovisions of this Chapter, including Section
S194-48. Obnoxious Uses.
K. All recycling contractor's yards shall be required to install security fencing around the entire
facility to prevent unauthorized entry or dumping at the site.
1. Additional conditions. The Planning Board may, in its discretion, establish additional
conditions that it deems necessary and appropriate, based upon circumstances that exist at the
time of the granting of the special permit.
Definitions:
CONTRACTOR'S YARD
Any space, whether inside or outside a building on a parcel of land, used for the storage or
keeping of construction supplies, materials, equipment, machinery or vehicles or parts thereof,
whether they are in operable or inoperable condition or in active or inactive use by a person or
other entity.
RECYCLING CONTRACTOR'S YARD
Any space whether inside or outside a building on a parcel of land, used for the temporary
storage, handling, processing or screening of the following materials: compost; land clearing
debris; blacktop/asphalt; natural wood materials; bricks, concrete and other masonry products;
and top soil.
Recvclin2 Contractors Yard
Amend Chapter 194, Part 2, Article IX, Special Permits.
Add S194-XX Recycling Contractor's Yard
Purpose. To allow the recycling and processing of compost and uncontaminated solid waste
resulting from land clearing and blacktop removal including asphalt, natural wood materials,
bricks, concrete and other masonry products, as well as top soil screening.
The Town of East Fishkill finds that there is an increasing need to conserve natural resources
and landfill space and to promote the recycling of yard waste, asphalt, masonry materials, and
soil. It is the purpose of this section to promote recycling, compo sting and resource recovery by
allowing the Planning Board the authority to permit recycling contractor's yards along a State or
County Road in Industrial Districts within 12-mile of Interstate I-84 provided the Planning Board
finds that the application meets all the general conditions of Article IX (Special Permits) and
further meets all of the applicable conditions set forth in this section.
Standards.
A. Limitations on Recycling Contractor's Yards. No person shall operate any recycling
contractor's yard without a special permit from the Planning Board or Building Inspector as
applicable. The following materials can be temporarily stored, processed, handled, and/or
screened at recycling contractor's yards: compost; land clearing debris; blacktop/asphalt; natural
wood materials; bricks, concrete and other masonry products; and top soil.
B. Compliance with applicable law.
1. Prior to issuance of the special permit, the applicant shall have complied with all applicable
Federal, State, County or local requirements, rules or regulations as they relate to the
storage, processing, handling or screening of the following materials: compost; land clearing
debris; blacktop/asphalt; natural wood materials; bricks, concrete and other masonry
products; and top soil. If a recycling contractors yard is required to create an improvement
or structure to meet a future applicable law, the Planning Board shall have the authority to
modify the conditions of the special permit herein if it is determined that these standards are
in conflict with any applicable Federal, State, County or local requirements, rules, or
regulations as they relate to the storage, processing, handling or screening of the following
materials: compost; land clearing debris; blacktop/asphalt; natural wood materials; bricks,
concrete and other masonry products; and top soil.
C. Location. Recycling contractor's yards shall be permitted only within Industrial districts (I-I,
I-2, and 1-3). The property shall have at least feet of frontage along a state/county road and
be located within 12 mile of Interstate I-84.
D. Minimum Lot Size. The minimum lot size shall be acres for the operation of a recycling
contractor's yard. Facilities should be confined to the smallest practical area.
E. Setbacks. No building, structure, parking area, or outdoor storage area associated with a solid
waste management and recyclables han~ET;1g and recovery facilities shall be closer than feet
to any adjoining residential property orjl~q' feet from any commercial or industrial property.
F. Buffers and screening. The recycling contractor's yard, including structures, buildings,
parking areas, and outdoor storage areas shall be screened from any surrounding uses as required
by the Planning Board. The type of screening shall be at the discretion of the Planning Board,
based on consideration of protecting surrounding uses, minimizing noise, odor, and adverse
aesthetic impact.
G. Unloading and loading areas shall be adequate in size to facilitate efficient unloading from
the collection vehicles and the unobstructed movement of vehicles;
H. Procedures shall be in place to inspect all materials upon arrival at the facility to ensure that
they are appropriate to the permitted operation and to ensure that deliveries of materials that
cannotbe safely handled and processed at the facility are not accepted.
1. No materials shall be disposed of into the ground, air, or into any waterbodies except pursuant
to applicable permits and approvals issued by federal, state, and county health and
environmental agencies.
J. All reasonable measures shall be employed to collect, properly contain, and dispose of all
materials and leachate, including frequent policing of the area. The facility shall be managed in
such a manner that noise, dust and odors do not constitute a hazard to human health. The facility
shall be managed in such a manner that the attraction, breeding and emergence of birds, insects,
rodents and other vectors do not constitute a health hazard.
K. The operation shall com I with all applicable rovisions of this Chapter, includin Section
~194-48. Obnoxious Uses.
K. All recycling contractor's yards shall be required to install security fencing around the entire
facility to prevent unauthorized entry or dumping at the site.
1. Additional conditions. The Planning Board may, in its discretion, establish additional
conditions that it deems necessary and appropriate, based upon circumstances that exist at the
time of the granting of the special permit.
Definitions:
CONTRACTOR'S YARD
Any space, whether inside or outside a building on a parcel of land, used for the storage or
keeping of construction supplies, materials, equipment, machinery or vehicles or parts thereof,
whether they are in operable or inoperable condition or in active or inactive use by a person or
other entity.
RECYCLING CONTRACTOR'S YARD
Any space whether inside or outside a building on a parcel of land, used for the temporary
storage, handling, processing or screening of the following materials: compost; land clearing
debris; blacktop/asphalt; natural wood materials; bricks, concrete and other masonry products;
and top soil.
..
PART I - 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 be subject to fUliher 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 and specify each instance.
NAME OF ACTION
Amendments to allow Sold Waste Management and Recycling, Handling, and Recovery Facilities and Recycling
Contractor's Yard by Special Permit
lOCATION OF ACTION (INCLUDE STREET ADDRESS, MUNICIPALITY AND COUNTY)
Town of East Fishkill
NAME OF ApPLICANT/SPONSOR T BU31NESS TELEPHONE
Town Board of the Town of East Fishkill I (8".-5) 221-4303
ADDRESS
330 Route 376
CITY/PO ST/, TE I ZIP CODE
Hopewell Junction ~.I" 12533
NAME OF OWNER (IF DIFFERENT) BUSINESS TELEPHONE
( )
ADDRESS
CiTY/PO STATE I ZIP CODE
O:::SCRIPTION OF ACTION
P ease Complete Each Question-Indicate N.A. if not applicable
A. Site Description
Physical setting of overall project, both developed and undeveloped areas.
1. Present land Use: Durban D Inelustrial D Commercial D Residential (suburban) D Rural (non-farm)
D Forest D Agriculture D Other Mix of rural, suburban, and commercial uses
2 Total acreage of project area: ,"I j acres.
APPROXIMATE ACREAGE
Meadow or Brushland (Non-agricu1tmal)
Forested
Agricultural (Includes orchards, cropland, pasture, etc.)
Wetland (Freshwater or tidal as per Articles 24,25 of ECl)
Water Surface Area
Unvegetated (Rock, earth or fill)
Roads, buildings and other paved sUlfaces
Other (Indicate type)
PRESEIH', (
AFTER COMPLETION
acres
acres
acres
acres
acres
acres
acres
acres
acres
acres
acres
acres
acres
acres
acres
acres
3. What is predominant soil type(s) on the project site? N/A
a. Soil drainage: [] Well drained % of site D Modera:eiv well drained
[] 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?
% of site.
N/A
Acres (see 1 NYCRR 370)
DYes D No
4. Are there bedrock outcroppings on project site?
N/A
What is the depth to bedrock? (in feet) N/A
5. Approximate percentage of proposed project site with slopes: N/A D 0-10% % 0 10-15% %
D 15% or greater %
6 Is project substantially contiguous to, or contain a building, site, or district, listed on the State or DYes D No
National Registers of Historic Places? N/A
"I
7.
.
8.
9.
10.
11.
Is project substantially contiguous to a s'te listed on the Register of National Natural LandmarkS?D Yes
N/A
What is the depth of the water table? Nfi~ (in feet)
Is site located over a primary, principal, m sole source aquifer? N/A
Do hunting, fishing or shell fishing oppcnunities presently exist in the project area? N/A
Does project site contain any species of plant or animal life that is identified as threatened or
endangered? N/A
According to:
Identify each species:
12. Are there any unique or unusual land forms on the project site? (i.e., cliffs, dunes or other
geological formations? N/A
Describe:
DYes
DYes
DYes
ONO
o No
ONo
o No
DYes
o No
13. Is the project site presently used by the community or neighborhood as an open space or
recreation area? N/A
If yes, explain:
DYes
o No
14. Does the present site include scenic vieNs known to be important to the communit/? 1-If,\
15. Streams within or contiguous to project area? N/A
a. Name of Stream and name of River to
which it is tributary:
16. Lakes, ponds, wetland areas within or contiguous to project area: N/A
a. Name:
b. Size (in acres):
17. Is the site served by existing public utilities? N/A
a. If YES, does sufficient capacity exist to allow connection?
b. If YES, will improvements be necessary to allow connection?
18. Is the site located in an agricultural district certified pursuant to Agriculture and Markets Law,
Article 25-AA, Section 303 and 304? HIe'.
19. Is the site located in or substant'ally co, jiJUOUS to a Critical Environmental Area designated
pursuant to Article 8 of the ECL, and 6 ! ,"CRR 61?? N/A
20. Has the site ever been used for the clispJsal of solid or hazardous waste? N/A
DYes
o No
B. Project Description
1.
Physical dimensions and scale of project (fill in dimensions as appropriate).
a. Total contiguous acreage owned 01 controlled by project sponsor
N/A
N/A
b. Project acreage to be developed:-,~UA
c. Project acreage to remain undeveloped
acres initially;
N/A
acres.
d. Length of project, in miles: N//>.. (If appropriate)
e. If the project is an expansion, indic2le percent of expansion proposed
f. Number of off-street parking spaces existing N/A
g. Maximum vehicular trips generated per hour N/A
h. If residential: Number and type of housing units?
One Family Two Family
N/A
DYes 0 No
DYes 0 No
DYes 0 No
DYes D No
DYes 0 No
DYes 0 No
acres.
acres ultimately.
%
; proposed
(upon completion of project)?
Multiple Family Condominium
Initially
Ultimately
NfA
rlfA
N/A
N/A
N/A
N/A
i. Dimensions (in feet) of largest proposed structure N/A
height;
N/A
N/A
N/A
width;
N/A
length.
j. Linear feet of frontage along a public thol"Oughfare project will occupy is? N/A
2. How much natural material (i.e., rock, ealih. etc.) will be removed from the site? N/p..
3. Will disturbed areas be reclaimed? N/A D N/A
ft.
tons/cubic yards.
D Ves c=J No
a. If yes, for what intended purpose is the site being reclaimed?
b. Will topsoil be stockpiled for reclamation? D Ves
c. Will upper subsoil be stockpiled for reclamation? D Ves
4. How many acres of vegetation (trees, shrubs ground covers) will be removed from site? N/A
5. Will any mature forest (over 100 years olel) 0(" other locally-important vegetation be removed by D Ves
this project? N/A
c=J No
c=J No
acres.
6. If single phase project: Anticipated period of~onstruction N/A
7. If multi-phased: N/A
a. Total number of phases anticipated N/A (number)
b. Anticipated date of commencement phase 1 N/A month
c. Approximate completion date of final phC!se N/A month
d. Is phase 1 functionally dependent of suilsequent phases? N/A
8. Will blasting occur during construction? NIP
9. Number of jobs generated: during construction N/A
10. Number of jobs eliminated by this project N/A
c=J No
months, (including demolition)
N/A
N/A
year, including (demolition)
year.
DVes
DVes
N/A
; after project is compi'3te
11. Will project require relocation of any projects or facilities? N/A
If yes, explain:
DVes
c=J No
c=J No
ONo
12. Is surface liquid waste disposal involved? ~!/c\
a. If yes, indicate type of waste (sewage, illdustrial, etc) and amount
b. Name of water body into which effluent will be discharged
13. Is subsurface liquid waste disposal involvec!') N/A Type
14. Will surface area of an existing water body InCI"ease or decrease by proposal? N/A
If yes, explain:
DVes
DNo
DVes 0 No
DVes 0 No
DVes 0 No
DVes 0 No
DVes 0 No
DVes ONo
DVes o No
15. Is project or any portion of project IOlatee! II
16. Will the project generate solid waste? N/.'.
a. If yes, what is the amount per month? tons
b. If yes, will an existing solid waste facilitJ ')8 used?
c. If yes, give name ; location
d. Will any wastes not go into a sewage d'sposal system or into a sanitary landfill?
00 year flood plain? N/A
e. If yes, explain:
17. Will the project involve the disposal of solid vvaste? N/A
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? Nit,
19. Will project routinely produce odors (more tl,,"11 one hour per day)? N/A
20. Will project produce operating noise excee(i'lg the local ambient noise levels? N/A
21. Will project result in an increase in energy u,~e? N/A
If yes, indicate type(s):
22. If water supply is from wells, indicate pumpi,Y) capacity N/A
DVes
DVes
DVes
DVes
o No
D No
o No
o No
gallons/minute
23. Total anticipated water usage per day N/A
24. Does project involve Local, State, or Fee'eral funding? N/A
If yes, explain:
25. Approvals Required:
City, Town, Village Board [X] Yes D No
City, Town, Village Planning Board DYes [Xl No
City, Town, Village Zoning Board DYes [K] No
City, County Health Department CJ Yes [Xl No
Other Local Agencies [=:] Yes [K] No
Other Regional Agencies [K] Yes D No
State Agencies DYes [K] No
Federal Agencies DYes [K] No
gallons/day
DYes D No
Type Submittal Date
Adoption
ReferralOr,ly
County Planning
C. Zoning and Planning Information
1. Does proposed action involve a planning or zoning decision? DYes
If Yes, indicate decision required:
~ Zoning amendment D Zoning variance 0 New/revision of master plan D Subdivision
o Site plan D Special Lise permit 0 Resource management plan D Other
DNo
2. What is the zoning c1assification(s) of tile site?
See addendum
3. What is the maximum potential development of the site if developed as permitted by the present zoning?
N/A
4. What is the proposed zoning of the site') See addendum
5. What is the maximum potential development of the site if developed as permitted by the proposed zoning?
See addendum
6. Is the proposed action consistent with the recommended uses in adopted local land use plans? m Yes
7. What are the predominant land use(s) and zoning classifications within a Yo-mile radius of proposed action?
N/A
8. Is the proposed action compatible with adjoining/surrounding land uses with a Yo mile? N/A DYes
9. If the proposed action is the subdivision land, how many lots are proposed? N/A
a. What is the minimum lot size pm:' 'ced? i'J/A
10. Will the proposed action require author;28lion(s) for the formation of sewer of water districts?
11. Will the proposed action create a demal~d for any community provided services (recreation,
education, police, fire protection)?
a. If yes, is existing capacity sufficient 10 handle projected demand?
12. Will the proposed action result in the genel'ation of traffic significantly above present levels?
a. If yes, is the existing road network 3dequate to handle the additional traffic?
D No
D No
DYes m No
DYes m No
DYes DNo
DYes mNo
DYes DNo
D. Informational Details
Attach any additional information as may be needed to clarify your project. If there are or may be an adverse impacts associated
with your proposal, please discuss such impCicts and the measures which you proposed to mitigate or avoid them.
E. Verification
I certify that the information provided above is true to the best of my knowledge.
ApplicanUSponsor Name Michelle Robbi'lS
Date
December 29, 2010
Signature
Title
Technical Director, AKRF, Inc.
If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with
this assessment.
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 not 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 enough 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 guidallce 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.
If any impact in Part 2 is identified as potentially-large, then Part 3 is used to evaluate whether or
not tile impact is actually important.
Part 3:
DETERMINATION OF SIGNIFICANCE - Type 1 and Unlisted Actions
Identify the Portions of EAF completed for this project: D Part 1 D Part 2 D 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 reasonably determined by the lead agency that:
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.
DA.
DB.
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 have been required, therefore
a CONDITIONED negc!tive declaration will be prepared.*
Dc,
The project may result
environment, ther'efore
one or more large and important imp...,--;ts ',at may have a significant impact on the
Jositive declaration will be preparec.
A Conditioned Negative Declaration is only valid for Unlisted Actions.
Amendments to allow Sold Waste 1\t1.'?nagement and Recycling, Handling, and Recovery Facilities and Recycling
Contractor's Yard by Special Permit
Name of Action
T o\vn Board of the Town of East Fishkill
Name of Lead Agency
John Hickman
Supervisor
Title of Responsible Officer
Print or Type Name of Responsible Officer in I_ead Agency
Signature of Responsible Officer in Lead Agency
Signature of Preparer (if different from responsible officer)
December 29,2010
Date