2013-1712013-171
Resolution Adopting Negative Declaration with Respect to "Local Law No._ of the Year
2013, Noise Control Law of the Town of Wappinger"
At a regular meeting of the Town Board of the Town of Wappinger, Dutchess County,
New York, held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on June 24,
2013.
The meeting was called to order by Barbara Gutzler, Supervisor, and upon roll being
called, the following were present:
PRESENT: Supervisor
Councilmembers
ABSENT:
Barbara Gutzler
William H. Beale
Vincent F. Bettina
Ismay Czarniecki
Michael Kuzmicz
The following Resolution was introduced by Councilman Beale and seconded by
Councilwoman Czarniecki.
WHEREAS, the Town Board of the Town of Wappinger by Resolution 2013-150
introduced for consideration proposed Local Law No. of the Year 2013, Noise Control Law
of the Town of Wappinger; and
WHEREAS, Resolution 2013-150 designated the Town Board of the Town of
Wappinger as lead agency for purposes of SEQRA review as it is the sole agency having
approval authority over the action; and
WHEREAS, Resolution 2013-150 designated the proposed action as Type I action for
purposes of SEQRA review; and
WHEREAS, the Town Board has reviewed Part 1 of a Full EAF; and caused to be
prepared and reviewed Parts 2 and 3 of a Full EAF;
NOW, THEREFORE, BE IT RESOLVED, as follows:
1. The recitations above set forth are incorporated in this Resolution as if fully set
forth and adopted herein.
2. The Town Board hereby finds and determines that:
a) it has considered the Action, reviewed all parts of the Full EAF, reviewed the
criteria set forth in 6 NYCRR section 617.7(c), thoroughly analyzed the
relevant areas of potential environmental concern, and has duly considered all
of the potential project environmental impacts and their magnitude in
connection with the proposed action;
b) The adoption of Local Law No. of the Year 2013, Noise Control Law of
the Town of Wappinger will not result in any large and important
environmental impacts, and, therefore, is one which will not have a significant
impact on the environment; and
3. The reasons supporting this determination are set forth on the attached Notice of
Determination ofNon-Significance with respect to this project (a copy of which
said form is on file in the Office of the Town Clerk of the Town of Wappinger).
4. The Town Board, as Lead Agency with reference to the above-described project,
hereby:
a) adopts a negative declaration pursuant to 6 NYCRR section 617.7 with respect
to the project,
b) authorizes the Supervisor of the Town of Wappinger to sign a negative
declaration determination ofnon-significance with respect to the project,
c) directs the Town Clerk to publish a notice in the Environmental notices
bulletin (ENB); and
d) directs the Town Clerk to file a copy of said negative declaration
determination ofnon-significance in the records of the Town.
5. This Resolution shall take effect immediately.
The foregoing was put to a vote which resulted as follows:
BARBARA GUTZLER, SUPERVISOR Voting: AYE
WILLIAM H. BEALE, COUNCILMAN Voting: AYE
VINCENT F. BETTINA, COUNCILMAN Voting: AYE
ISMAY CZARNIECKI, COUNCILWOMAN Voting: AYE
MICHAEL KUZMICZ, COUNCILMAN Voting: AYE
Dated: Wappingers Falls, New York
6/24/2013
The Resolution is hereby duly declared adopted.
CHRIS E FULTON, WN CLERK
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 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.
Small to Potential Can Impact Be
Moderate Large Mitigated by
Impact Impact Project Change
Impact on Land
1. Will the Proposed Action result in a physical change to the project
site?
NO ®i YES
Examples that would apply to column 2
• Any construction on slopes of 15% or greater, (15 foot
~
~
~ Yes
~ No
rise per 100 foot of length), or where the general slopes
in the project area exceed 10%.
• Construction on land where the depth to the water table ~ ~ ~ Yes ~ No
is less than 3 feet.
• Construction of paved parking area for 1,000 or more ~ ~ Yes ~No
vehicles.
• Construction on land where bedrock is exposed or ~ ~ Yes ~No
generally within 3 feet of existing ground surface.
• Construction that will continue for more than 1 year or ~ ~ ~ Yes ~No
involve more than one phase or stage.
• Excavation for mining purposes that would remove ~ Yes ~No
more than 1,000 tons of natural material (i.e., rock or
soil) per year.
Page 11 of 21
1 2 3
Small to Potential Can Impact Be
Moderate Large Mitigated by
Impact Impact Project Change
• Construction or expansion of a santary landfill. ~ Yes ~ No
• Construction in a designated floodway. Q ~ Yes ~No
• Other impacts: ~ Yes ~ No
2. Will there be an effect to any unique or unusual land forms found on
the site? (i.e., cliffs, dunes, geological formations, etc.)
~NO YES
• Rnacific land fnrmr
Yes No
Impact on Water
3. Will Proposed Action affect any water body designated as protected?
(Under Articles 15, 24, 25 of the Environmental Conservation Law,
ECL)
NO ~ YES
Examples that would apply to column 2
• Developable area of site contains a protected water body.
• Dredging more than 100 cubic yards of material from channel of
a protected stream.
• Extension of utility distribution facilities through a protected water
body.
• Construction in a designated freshwater or tidal wetland.
flthor imnarte•
Yes ~ N o
Yes No
Yes ~No
Yes ~ No
Yes QNo
4. Will Proposed Action affect any non-protected existing or new body of
water?
®. NO YES
Examples that would apply to column 2
• A 10% increase or decrease in the surface area of any body of
~
~
Yes
~ No
water or more than a 10 acre increase or decrease.
• Construction of a body of water that exceeds 10 acres of surface ~ ~ Q Yes No
area.
• Other impacts: ~ ~ Yes ~ No
Page 12 of 21
1 2 3
Small to Potential Can Impact Be
Moderate Large Mitigated by
Impact Impact Project Change
5. Will Proposed Action affect surface or groundwater quality or
quantity?
NO YES
Examples that would apply to column 2
• Proposed Action will require a discharge permit.
• Proposed Action requires use of a source of water that does not
have approval to serve proposed (project) action.
• Proposed Action requires water supply from wells with greater
than 45 gallons per minute pumping capacity.
• Construction or operation causing any contamination of a water
supply system.
• Proposed Action will adversely affect groundwater.
• Liquid effluent will be conveyed off the site to facilities which
presently do not exist or have inadequate capacity.
• Proposed Action would use water in excess of 20,000 gallons
per day.
• Proposed Action will likely cause siltation or other discharge into
an existing body of water to the extent that there will be an
obvious visual contrast to natural conditions.
• Proposed Action will require the storage of petroleum or
chemical products greater than 1,100 gallons.
• Proposed Action will allow residential uses in areas without
water and/or sewer services.
• Proposed Action locates commercial and/or industrial uses
which may require new or expansion of existing waste treatment
and/or storage facilities.
• Other impacts:
Yes ~ No
Yes No
Yes ~ No
Yes ~ No
Yes No
Yes No
Yes ~ No
Yes ~No
Q ~ Yes ~No
Yes ~No
Yes ~No
Yes ~ No
Page 13 of 21
1 2 3
Small to Potential Can Impact Be
Moderate Large Mitigated by
Impact Impact Project Change
6. Will Proposed Action alter drainage flow or patterns, or surtace water
runoff?
~NO YES
Examples that would apply to column 2
• Proposed Action would change flood water flows
• Proposed Action may cause substantial erosion.
• Proposed Action is incompatible with existing drainage patterns.
• Proposed Action will allow development in a designated
floodway.
• (~thar imnartc•
Yes ~No
Yes No
Yes No
Yes No
Yes No
IMPACT ON AIR
7. Will Proposed Action affect air quality?
N O YES
Examples that would apply to column 2
• Proposed Action will induce 1,000 or more vehicle trips in any
Yes
No
given hour.
• Proposed Action will result in the incineration of more than 1 ton ~ ~ Yes ~No
of refuse per hour.
• Emission rate of total contaminants will exceed 5 lbs. per hour ~ ~ Yes ONo
or a heat source producing more than 10 million BTU's per
hour.
• Proposed Action will allow an increase in the amount of land ~ Yes ~No
committed to industrial use.
• Proposed Action will allow an increase in the density of ~ Yes ~No
industrial development within existing industrial areas.
• Other impacts: ~ ~ Yes ~No
IMPACT ON PLANTS AND ANIMALS
8. Will Proposed Action affect any threatened or endangered species?
~NO YES
Examples that would apply to column 2
• Reduction of one or more species listed on the New York or
Federal list, using the site, over or near
the site, or found on the site.
Yes ~No
Page 14 of 21
1 2 3
Small to Potential Can Impact Be
Moderate Large Mitigated by
Impact Impact Project Change
• Removal of any portion of a critical or significant wildlife habitat. ~ ~ Yes No
• Application of pesticide or herbicide more than twice a year, ~ Yes ~ No
other than for agricultural purposes.
• Other impacts: ~ ~ YPS Nn
g. Will Proposed Action substantially affect non-threatened or non-
endangered species?
NO YES
Examples that would apply to column 2
• Proposed Action would substantially interfere with any resident ~ ~ Yes No
or migratory fish, shellfish or wildlife species.
• Proposed Action requires the removal of more than 10 acres of ~ Yes No
mature forest (over 100 years of age) or other locally important
vegetation.
• Other impacts: ~ ~ ~ Yes ~No
IMYAI± ~ VIV AGKIGUL ~ UKAL LAND RE50URGE5
10. Will Proposed Action affect agricultural land resources?
~NO YES
Examples that would apply to column 2
• The Proposed Action would sever, cross or limit access to ~ ~ Yes No
agricultural land (includes cropland, hayfields, pasture, vineyard,
orchard, etc.)
• Construction activity would excavate or compact the soil profile of ~ ~ ~ Yes ~ No
agricultural land.
• The Proposed Action would irreversibly convert more than 10 ~ ~ ~ Yes ~ No
acres of agricultural land or, if located in an Agricultural District,
more than 2.5 acres of agricultural land.
Page 15 of 21
1 2 3
Small to Potential Can Impact Be
Moderate Large Mitigated by
Impact Impact Project Change
• The Proposed Action would disruptor prevent installation of ~ ~ Yes ~ No
agricultural land management systems (e.g., subsurface drain
lines, outlet ditches, strip cropping); or create a need for such
measures (e.g. cause a farm field to drain poorly due to
increased runoff).
• Other impacts: ~ ~ Yes ~ No
IMPACT ON AESTHETIC RESOURCES
11. Will Proposed Action affect aesthetic resources? (If necessary, use
the Visual EAF Addendum in Section 617.20, Appendix B.)
N O ~ YES
Examples that would apply to column 2
• Proposed land uses, or project components obviously different
Yes
No
from or in sharp contrast to current surrounding land use
patterns, whether man-made or natural.
• Proposed land uses, or project components visible to users of ~ ~ Yes ~ No
aesthetic resources which will eliminate or significantly reduce
their enjoyment of the aesthetic qualities of that resource.
• Project components that will result in the elimination or ~ ~ ~ Yes ~ No
significant screening of scenic views known to be important to
the area.
• Other impacts: ~ Yes ~ No
IMPACT ON HISTORIC AND ARCHAEOLOGICAL RESOURCES
12. Will Proposed Action impact any site or structure of historic,
prehistoric or paleontological importance?
NO YES
Examples that would apply to column 2
• Proposed Action occurrin
wholl
or
artiall
within o
g
y
p
y
r Yes No
substantially contiguous to any facility or site listed on the State
or National Register of historic places.
• Any impact to an archaeological site or fossil bed located within ~ ~ ~ Yes ~ No
the project site.
• Proposed Action will occur in an area designated as sensitive ~ ~ ~ Yes ~ No
for archaeological sites on the NYS Site Inventory.
Page 16 of 21
• Other impacts:
1 2 3
Small to Potential Can Impact Be
Moderate Large Mitigated by
Impact Impact Project Change
Yes ~No
IMPACT ON OPEN SPACE AND RECREATION
13. Will proposed Action affect the quantity or quality of existing or future
open spaces or recreational opportunities?
NO YES
Examples that would apply to column 2
• The permanent foreclosure of a future recreational opportunity.
• A major reduction of an open space important to the community
• (1Thcr imn~r+c•
Yes ~No
Yes No
Yes No
IMPACT ON CRITICAL ENVIRONMENTAL AREAS
14. Will Proposed Action impact the exceptional or unique
characteristics of a critical environmental area (CEA) established
pursuant to subdivision 6NYCRR 617.14(8)?
NO YES
List the environmental characteristics that caused the designation of
the CEA.
Examples that would apply to column 2
• Proposed Action to locate within the CEA?
Yes
~No
• Proposed Action will result in a reduction in the quantity of the ~ ~ Yes ~No
resource?
• Proposed Action will result in a reduction in the quality of the ~ ~ ~ Yes ~No
resource?
• Proposed Action will impact the use, function or enjoyment of the ~ ~ ~ Yes ~ No
resource?
• Other impacts: ~ Yes ~No
Page 17 of 21
1 2 3
Small to Potential Can Impact Be
Moderate Large Mitigated by
Impact Impact Project Change
IMPACT ON TRANSPORTATION
15. Will there be an effect to existing transportation systems?
NO ~ YES
Examples that would apply to column 2
• Alteration of present patterns of movement of people and/or
goods.
• Proposed Action will result in major traffic problems.
f')tMcr imnarfr
Yes ~No
Yes ~No
Yes ~No
IMPACT ON ENERGY
16. Will Proposed Action affect the community's sources of fuel or
energy supply?
~NO YES
Examples that would apply to column 2
• Proposed Action will cause a
reater than 5% increase in the
~
~
g Yes No
use of any form of energy in the municipality.
• Proposed Action will require the creation or extension of an 0 ~ ~ Yes ~ No
energy transmission or supply system to serve more than 50
single or two family residences or to serve a major commercial
or industrial use.
• Other impacts: ~ ~ Yes ~ No
NOISE AND ODOR IMPACT
17. Will there be objectionable odors, noise, or vibration as a result of
the Proposed Action?
.®NO YES
Examples that would apply to column 2
• Blasting within 1,500 feet of a hospital, school or other sensitive
facility.
• Odors will occur routinely (more than ane hour per day).
• Proposed Action will produce operating noise exceeding the
local ambient noise levels for noise outside of structures.
• Proposed Action will remove natural barriers that would act as a
noise screen.
Yes ~No
0 Yes QNo
Q Q Yes ~No
Q Yes ~No
r~,
Other impacts: L_I tJ L_I Yes ~ 1 No
Page 18 of 21
~ 2 3
Small to Potential Can Impact Be
Moderate Large Mitigated by
Impact Impact Project Change
IMPACT ON PUBLIC HEALTH
18. Will Proposed Action affect public health and safety?
NO YES
• Proposed Action may cause a risk of explosion or release of ~ ~ Yes ~ No
hazardous substances (i.e. oil, pesticides, chemicals, radiation,
etc.) in the event of accident or upset conditions, or there maybe
a chronic low level discharge or emission.
• Proposed Action may result in the burial of "hazardous wastes" ~ ~ Yes ~No
in any form (i.e. toxic, poisonous, highly reactive, radioactive,
irritating, infectious, etc.)
• Storage facilities for one million or more gallons of liquefied ~ ~ Yes No
natural gas or other flammable liquids.
• Proposed Action may result in the excavation or other ~ ~ Yes No
disturbance within 2,000 feet of a site used for the disposal of
solid or hazardous waste.
• Other impacts: 0 ~ Yes ~No
IMPACT ON GROWTH AND CHARACTER
OF COMMUNITY OR NEIGHBORHOOD
19. Will Proposed Action affect the character of the existing community?
NO YES
Examples that would apply to column 2
• The permanent population of the city, town or village in which the
project is located is likely to grow by more than 5%.
• The municipal budget for capital expenditures or operating
services will increase by more than 5% per year as a result of
this project.
• Proposed Action will conflict with officially adopted plans or
goals.
• Proposed Action will cause a change in the density of land use.
• Proposed Action will replace or eliminate existing facilities,
structures or areas of historic importance to the community.
• Development will create a demand for additional community
services (e.g. schools, police and fire, etc.)
0 Yes ~No
Yes ~No
Yes ~No
Yes ONo
Yes ~No
Yes ~No
Page 19 of 21
1 2 3
Small to Potential Can Impact Be
Moderate Large Mitigated by
Impact Impact Project Change
• Proposed Action will set an important precedent for future ~ Yes No
projects.
• Proposed Action will create or eliminate employment. ~ ~ Yes ~ No
• Other impacts: ~ ~ Yes No
__
20. Is there, or is there likely to be, public controversy related to potential
adverse environment impacts?
NO 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
Page 20 of 21
State Environmental Quality Review
FULL ENVIRONMENTAL ASSESSMENT FORM
Purpose: The full EAF is designed to help applicants and agencies determine, in an orderly manner, whether a
project or action may be significant. The question of whether an action may be significant is not always easy to
answer. Frequently, there are aspects of a project that are subjective or unmeasurable. It is also understood that
those who determine significance may have little or no formal knowledge of the environment or may be technically
expert in environmental analysis. In addition, many who have knowledge in one particular area may not be aware of
the broader concerns affecting the question of significance.
The full EAF is intended to provide a method whereby applicants and agencies can be assured that the
determination process has been orderly, comprehensive in nature, yet flexible to allow introduction of information to
fit a project or action.
Full EAF Components: The full EAF is comprised of three parts:
Part 1: Provides objective data and information about a given project and its site. By identifying basic
project data, it assists a reviewer in the analysis that takes place in Parts 2 and 3.
Part 2: Focuses on identifying the range of possible impacts that may occur from a project or action. It
provides guidance as to whether an impact is likely to be considered small to moderate or whether
it is a potentially large impact. The form also identifies whether an impact can be mitigated or
reduced.
Part 3: If any impact in Part 2 is identified as potentially large, then Part 3 is used to evaluate whether or
not the impact is actually important.
DETERMINATION OF SIGNIFICANCE -Type 1 and Unlisted Actions
Identify the Portions of EAF completed for this project: ^ Part 1 ^ Part 2 ^ Part 3
Upon review of the information recorded on this EAF (Parts 1 and 2 and 3 if appropriate), and any other supporting
information, and considering both the magnitude and importance of each impact, it is reasonable determined by the
lead agency that:
^ A. The Project will not result in any large and important impact(s) and, therefore, is one which will not have
a significant impact on the environment, therefore a negative declaration will be prepared.
^ B. Although the project could have a significant effect on the environment, there will not be a significant effect
for this Unlisted Action because the mitigation measures described in PART 3 has been required, therefore
a CONDITIONED negative declaration will be prepared.*
^ C. The project may result in one or more large and important impacts that may have a significant impact on
the environment, therefore a positive declaration will be prepared.
* A Conditioned Negative Declaration is only valid for Unlisted Actions
Noise Control Law of the Town of Wa in er
Name of Action
Town Board of the Town of Wa in er
Name of Lead Agency
Barbara A. Gutzler Supervisor
Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer
Signature of Responsible Officer in Lead Agency Signature of Preparer (if different from responsible officer)
Albert P. Roberts, Attorney to the Town
Date: