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2013-2682013-268 Resolution Adopting Negative Declaration with Respect to Lease of Surplus Town Property at 30 Soccerfield Drive 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 December 9, 2013. The meeting was called to order by Barbara Gutzler, Supervisor, and upon roll being called, the following were present: PRESENT: Supervisor Councilmembers - Barbara Gutzler - William H. Beale Vincent F. Bettina Ismay Czarniecki Michael Kuzmicz ABSENT: The following Resolution was introduced by Councilman Kuzmicz and seconded by Councilman Beale. WHEREAS, the Town owns a parcel of real property in the Town of Wappinger identified as tax grid # 135689-6357-01-114590 having an address of 30 Soccerfield Drive, which was previously used for sanitary sewer purposes but are now vacant, unused and not needed for any Town purpose; and WHEREAS, Wireless Edge Towers, LLC, hereinafter "Wireless Edge", has proposed to lease approximately 6,400 square feet of the property to construct and operate a wireless telecommunications facility to fill demonstrable gaps in coverage; and WHEREAS, the Town Board has determined that the proposed action is an Unlisted Action in accordance with the SEQRA Regulations adopted pursuant to Article 8 of the Environmental Conservation Law found at 6 NYCRR Part 617 and pursuant to Chapter 117 of the Town of Wappinger Code (Environmental Quality Review); and WHEREAS, the construction of a wireless telecommunications facility is subject to site plan review and special permit review by the Town of Wappinger Planning Board pursuant to §240-81 of the Town Code; and WHEREAS, .the Town Board has determined that it will not conduct a coordinated review of this project under the SEQRA regulations and that the Town of Wappinger Planning Board shall conduct its own separate SEQRA review for the applications before that Board; and WHEREAS, the Town Board has caused to be prepared a Short Environmental Assessment Form for the proposed action as required by the SEQRA Regulations; and WHEREAS, the Town Board has reviewed the Short Environmental Assessment Form; and caused to be prepared Part 3 of said SEAF; 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 SEAF, 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; and b) The proposed Lease of the Premises 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 in Part 3 of the attached SEAF with respect to this project. 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 file a copy of the signed 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 12/9/2013 The Resolution is hereby duly dec ared adopted. MICHA J. LEO O CL 617.20 Appendix B Short Environmental Assessment Form Instructions for Comlgleting Part 1 -Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding, are subject to public review, and may be subject to further verification. Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond to any item, please answer as thoroughly as possible based on current information. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency; attach additional pages as necessary to supplement any item. Part 1 -Project and Sponsor Information Name of Action or Project: Lease of Surplus Town Property at 30 Soccerfield Lane Project Location (describe, and attach a location map): Portion of Tax Parcel Number 135689-6357-01-114590 (30 Soccenleld Drive) Brief Description of Proposed Action: The Town desires to lease 6,400 square feet of surplus property located at Tax Parcel Number 135689-6357-01-114590 (30 Soccerfield Drive) to Wireless Edge Towers, LLC to erect a wireless telecommunications tower approximately 125 feet high to fill in service gaps in the Town of Wappinger and surrounding areas. Also included is anon-exclusive access easement over the driveway located on 35 Soccerfield Drive. Name of Applicant or Sponsor: Telephone: g45-297-2744 Town of Wappinger Town Board E-Mail: BGutzler@townofwappin ger. us Address: 20 Middlebush Road City/PO: State: Zip Code: Wappingers Falls NY 12590 1. Does the proposed action only involve the legislative adoption of a plan, local law, ordinance, NO YES administrative rule, or regulation? If Yes, attach a narrative description of the intent of the proposed action and the environmental resources that may be affected in the municipality and proceed to Part 2. If no, continue to question 2. 2. Does the proposed action require a permit, approval or funding from any other governmental Agency? NO YES If Yes, list agency(s) name and permit or approval: Federal Communications Commission - License ^ Town of Wappinger Planning Board -Site Plan Approval/ Special Permit Approval 3.a. Total acreage of the site of the proposed action? 0.20 acres b. Total acreage to be physically disturbed? 0.20 acres c. Total acreage (project site and any contiguous properties) owned or controlled by the applicant or project sponsor? 31.29 acres 4. Check all land uses that occur on, adjoining and near the proposed action. ^Urban ^Rural (non-agriculture) ^Industrial ^Commercial mResidential (suburban) ^Forest ^Agriculture ^Aquatic ^Other(specify): mParkland Page 1 of 4 5. Is the proposed action, NO YES N/A a. A permitted use under the zoning regulations? ^ ~ ^ b. Consistent with the adopted comprehensive plan? ^ ~ ^ 6. is the proposed action consistent with the predominant character of the existing built or natural NO YES landscape? ~ ^ 7. Is the site of the proposed action located in, or does it adjoin, a state listed Critical Environmental Area? NO YES If Yes, identify: ~ ^ 8. a. Will the proposed action result in a substantial increase in traffic above present levels? NO YES ^ ^ b. Are public transportation service(s) available at or near the site of the proposed action? ~ ^ c. Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? ^ 9. Does the proposed action meet or exceed the state energy code requirements? NO YES If the proposed action will exceed requirements, describe design features and technologies: 10. Will the proposed action connect to an existing public/private water supply? NO YES If No, describe method for providing potable water: ~ ^ 11. Will the proposed action connect to existing wastewater utilities? NO YES If No, describe method for providing wastewater treatment: ~ ^ 12. a. Does the site contain a structure that is listed on either the State or National Register of Historic NO YES Places? i l d i l i b h d h l i i ? ~ ^ e propose . Is t act on ocate n an arc eo og ca sens t ve area ^ 13. a. Does any portion of the site of the proposed action, or lands adjoining the proposed action, contain NO YES wetlands or other waterbodies regulated by a federal, state or local agency? ^ b. Would the proposed action physically alter, or encroach into, any existing wetland or waterbody? If Yes identify the wetland or waterbody and extent of alterations in square feet or acres: ^/ ^ , 14. Identify the typical habitat types that occur on, or are likely to be found on the project site. Check all that apply: ^ Shoreline ^ Forest ^ Agricultural/grasslands ^ Early mid-successional ^ Wetland ^ Urban m Suburban 15. Does the site of the proposed action contain any species of animal, or associated habitats, listed NO YES by the State or Federal government as threatened or endangered? ~ ^ 16. Is the project site located in the 100 year flood plain? NO YES 17. Will the proposed action create storm water discharge, either from point or non-point sources? NO YES If Yes, a. Will storm water discharges flow to adjacent properties? m NO ^YES ^ ^/ b. Will storm water discharges be directed to established conveyance systems (runoff and storm drains)? If Yes, briefly describe: m NO AYES Page 2 of 4 18. Does the proposed action include construction or other activities that result in the impoundment of NO YES water or other liquids (e.g. retention pond, waste lagoon, dam)? If Yes, explain purpose and size: ^ ^ 19. Has the site of the proposed action or an adjoining property been the location of an active or closed NO YES solid waste management facility? If Yes, describe: a ^ 20. Has the site of the proposed action or an adjoining property been the subject of remediation (ongoing or NO YES completed) for hazardous waste? If Yes, describe: ~ ^ I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicant/sponsornarne: Date: Signature: Part 2 -Impact Assessment. The Lead Agency is responsible for the completion of Part 2. Answer all of the following questions in Part 2 using the information contained in Part 1 and other materials submitted by the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept "Have my responses been reasonable considering the scale and context of the proposed action?" No, or Moderate small to large impact impact may may ' occur occur 1. Will the proposed action create a material conflict with an adopted land use plan or zoning regulations? ~ ^ 2. Will the proposed action result in a change in the use or intensity of use of land? 3. Will the proposed action impair the character or quality of the existing community? 4. Will the proposed action have an impact on the environmental characteristics that caused the ~ ^ hm nt of a Critical Environmental Area (CEA)? t bli es a s e 5. Will the proposed action result in an adverse change in the existing level of traffic or bikin or walkwa affect existin infrastructure for mass transit ? ~ ^ g , g y 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate ~ ^ reasonably available energy conservation or renewable energ op ortunities? 7. Will the proposed action impact existing: a. public /private water supplies? b. public /private wastewater treatment utilities? /^ 8. Will the proposed action impair the character or quality of important historic, archaeological, ~ ^ architectural or aesthetic resources? 9. Will the proposed action result in an adverse change to natural resources (e.g., wetlands, ~ ^ waterbodies, groundwater, air quality, flora and fauna)? Page 3 of 4 No, or Moderate small to large impact impact may may occur occur 10. Will the proposed action result in an increase in the potential for erosion, flooding or drainage ~ ^ problems? ] 1. Will the proposed action create a hazard to environmental resources or human health? Part 3 -Determination of significance. The Lead Agency is responsible for the completion of Part 3. For every question in Part 2 that was answered "moderate to large impact may occur", or if there is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact, please complete Part 3. Part 3 should, in sufficient detail, identify the impact, including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact may or will not be significant. Each potential impact should be assessed considering its setting, probability of occurring, duration, irreversibility, geographic scope and magnitude. Also consider the potential for short-term, long-term and cumulative impacts. The proposed lease authorizes the construction of a cell tower that is approximately 125 feet tall on a now vacant site of approximately 6,400 square feet. At the base of the tower, a small, fenced equipment yard will be installed. The site is level and little grading work is needed on the site. The cell tower shall be camouflaged as a tree to make it less noticeable. Appropriate stormwater controls will be installed on the site. These considerations will mitigate any potential adverse environmental impacts due to visual appearance and stormwater discharge. Little traffic will be generated by the operation of the site. Construction of the cell tower will eliminate gaps in cell phone coverage which increases public safety by allowing more 911 service to mobile phones and it will provide a benefit to the public at large. In addition the Town will derive at least $24,000 per annum from the rental agreement once construction is commenced. The only identifiable potential negative impact is the visual appearance of a 125 foot tower and mitigation is proposed. There is little potential for cumulative impacts from the lease. The visual mitigation for the tower is subject to the review and approval by the Town of Wappinger Planning Board as part of its site plan and special permit review process. In accordance with Section 240-81 of the Zoning Code the Planning Board may require appropriate visual screening methods for the tower. Further, the Town Board finds that none of the criteria for determining significance set forth in 6 NYCRR § 617.7(c)(1)(i}(xii) would be implicated as a result of the Lease. Check this box if you have determined, based on the information and analysis above, and any supporting documentation, that the proposed action may result in one or more potentially large or significant adverse impacts and an environmental impact statement is required. Check this box if you have determined, based on the information and analysis above, and any supporting documentation, that the proposed action will not result in any significant adverse environmental impacts. Town of Wappinger Town Board December 9, 2013 Name of Lead Agency Barbara Gutzler Supervisor Date 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) PRINT Page 4 of 4