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2012-3122012-312 Resolution Adopting Findings Statement Hilltop Village at Wappinger Active Adult Community 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 November 26, 2012. 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 (Arrived at •7:31) Ismay Czarniecki Michael Kuzmicz ABSENT: The following Resolution was introduced by Councilman Bettina and seconded by Councilwoman Czarniecki. WHEREAS, the Wappinger Town Board is entertaining the adoption of a Findings Statement pertaining to the Environmental Impact Statement prepared in connection with the Hilltop Village at Wappinger application proposed by Toll Brothers, Inc. (the "Applicant) fora 225-unit active adult, age restricted residential development (the "Proposed Action"); and WHEREAS, the Planning Board became the Lead Agency for the Proposed Action, after performing a coordinated designation of Lead Agency procedure in accordance with the requirements of SEQRA; and WHEREAS, the Planning Board as Lead Agency under SEQRA adopted a Positive Declaration and thereafter conducted a complete environmental review under SEQRA, including preparation of a DEIS (accepted as complete on March 19, 2012) and FEIS (accepted on November 5, 2012), which review resulted in the adoption of a Findings Statement pursuant to SEQRA on November 19, 2012; and NOW, THEREFORE, BE IT RESOLVED, that pursuant to the State Environmental Quality Review Act regulations, the Wappinger Town Board hereby adopts the attached Findings Statement, thereby completing the SEQRA process for the Town Board's decisions regarding the Proposed Action; and BE IT FURTHER RESOLVED, that the Wappinger Town Board hereby directs the filing of its Findings Statement with the Involved Agencies for the Proposed Action, the Environmental Notice Bulletin and the Applicant. 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 11 /26/2012 The Resolution is hereby duly declared adopted. CHRISTINE F ON, TOWN CLERK 11/26/12 TOWN BOARD TOWN OF WAPPINGER, NEW YORK FINDINGS STATEMENT HILLTOP VILLAGE AT WAPPINGER ACTIVE ADULT COMMUNITY I. INTRODUCTION This document is a Findings Statement prepared pursuant to and as required by Part 617.11 of Title 6 NYCRR (the State-wide regulations implementing the New York State Environmental Quality Review Act). This Findings Statement pertains to the environmental review of the Hilltop Village at Wappinger application proposed by Toll Brothers, Inc. (the "Applicant) fora 225-unit active adult, age restricted residential development (the "Proposed Action"). This Findings Statement draws upon the facts and conclusions in the Draft Environmental Impact Statement (DEIS) dated February 21, 2012 and the Final Environmental Impact Statement (FEIS) dated October 19, 2012. Implementation of the proposed project will require approvals from all necessary agencies. The Town of Wappinger Planning Board is the Lead Agency with respect to the environmental review process pursuant to the State Environmental Quality Review Act (SEQRA). The following provides a SEQRA history to-date: • Submission of a DEIS regarding the Proposed Action by the Applicant on October 11, 2011; • Submission a revised DEIS regarding the Proposed Action by the Applicant dated February 21, 2012; • Acceptance of the DEIS by the Planning Board on March 19, 2012 and the filing of the DEIS and Notice of Completion on March 26, 2012; • Holding of a Public Hearing on the DEIS by the Planning Board on April 16, 2012; • Continuation and then closing of the Public Hearing on May 7, 2012; • Opening of a Public Comment Period on March 26, 2012 which ended on May 21, 2012; • Submission of an FEIS regarding the Proposed Action dated September 21, 2012; • Submission of a revised FEIS regarding the Proposed Action dated October 19, 2012; • Acceptance of the FEIS by the Planning Board on November 5, 2012, and the filing of the FEIS and a Notice of Completion on November 7, 2012; • Preparation and adoption of a Findings Statement by the Planning Board. • Preparation and adoption of this Findings Statement by the Wappinger Town Board. II. PROPOSED ACTION A. Location The project site, 149.35 acres in size, is located at the intersection of All Angels Hill Road (County Route 94) and Hilltop Drive in the Town of Wappinger, Dutchess County, New York. The subject property consists of one parcel located on All Angels Hill Road and is identified on the Town of Wappinger Tax Map as tax parcel number 6257-02- 630770. B. Site Character and Surrounding Uses The property is currently accessible via an existing shared private driveway from All Angels Hill Road, which is located directly across from Hilltop Drive. The existing shared private driveway also provides access to the adjacent property owned by R&R Realty Associates where the commercial business Flavormatic is located. In addition, emergency access is also provided from Shamrock Hills Drive. The land uses surrounding the project area are varied and include a mix of agricultural, residential, commercial, industrial, religious, public services (e.g., utilities), and open space. However, the predominant land use is residential. The property is currently zoned 1-Family Residence (R-40) District and Conservation Office Park (COP) District. The zoning within a '/2-mile radius of the Proposed Action includes 1-Family Residence (R-15), 1-Family Residence (R-20), R-40, and COP Districts. The properties, within a '/z-mile radius, to the north are zoned R-20 and COP; to the east and south are zoned R-20; to the southwest are zoned R-40 and R-15; and to the west are zoned R-40. C. Project Description The Applicant, Toll Brothers, Inc., is proposing to develop a 149.35 acre parcel located on All Angels Hill Road (CR 94) in the Town of Wappinger. The project consists of 225 age-restricted units (132 detached and 93 attached) for persons 55-years and older. The project also includes a club house, recreational amenities, preservation of natural areas as open space, and the reconstruction of an existing private road, and conveyance of 4.05 2 acres to tax parcel 6257-02-720997. The Applicant has petitioned the Town Board to change the zoning designation of the property to Multifamily Residence (RMF-3) in order to permit the project. D. Agency Jurisdiction(s): Town of W~ping_er Town Board ^ Zoning Change to RMF-3 ^ Water Distribution and Connection Approval ^ Sewer System and Connection Approval ^ MS4 SWPPP Acceptance Town of Wappinger Planning Board ^ Subdivision Approval ^ Site Plan Approval ^ Wetland Permit Town of Wa~pin~er Superintendent of Hi hg~ ways ^ New Road Acceptance ^ Driveway Permit CAMO Pollution Control, Inc. ^ Water Distribution and Connection Approval ^ Sewer System and Connection Approval Dutchess County Department of Health ^ Water Distribution and Connection Approval ^ Sewer System and Connection Approval Dutchess County Department of Public Works ^ Entrance Permit New York State Department of Environmental Conservation ^ SPDES General Permit GP-0-10-001 E. History and Compliance with SEQRA Requirements DEIS SUBMISSION The initial DEIS for the Hilltop Village at Wappinger was submitted by the Applicant, Toll Brothers, Inc., on October 11, 2011. A revised DEIS was accepted by the Lead Agency, the Town of Wappinger Planning Board, on March 19, 2012. The Proposed Action described in the DEIS involved 225 age-restricted units (132 detached and 93 3 attached) for persons 55-years and older of which twenty-three (23) units, or ten (10) percent, were offered as affordable housing. In addition to the Proposed Action, the DEIS evaluated various alternatives: • No Action • Conventional Subdivision • Average Density Subdivision • Conservation Subdivision • Senior Housing District or Overlay Zone • Regular vehicular access to and from Shamrock Hills Subdivision • Reorientation of units T54 through T62 • Private Road Connection • Regarding "Affordable" Portion of the Project • Tax Impact Analysis of Fee Simple Ownership of Project A public hearing on the DEIS was held on April 16, 2012 and was continued on May 7, 2012 by the Planning Board. The public hearing was duly noticed, and all persons present were given the opportunity to provide comment. The public comment period was closed on May 21, 2012. The Planning Board accepted written comments from the public during the comment period. FEIS SUBMISSION As the Proposed Action has progressed through SEQRA review process, the project sponsor has revised the preferred plan. Based upon the current needs of the Town of Wappinger, the Applicant is proposing to remove the affordable housing component from within the Hilltop Village of Wappinger community and to construct an off-site Town water system upgrade identified as "Water Main Extension Loop from Meadowwood Wells -All Angels Hill Road." The Applicant submitted a FEIS with a revised Proposed Action that is 225 active adult residential units all of which will be market rate units in September 2012, revised in October 2012. The Proposed Action also now includes a water and sewer buy-in fee of $243,000 as well as recreation fees in the amount of $1.125 million to be paid to the Town. Further, and as has been the case since the DEIS, the Proposed Action includes recreation land to be donated to the Town in the amount of 51.7 acres on Robinson Lane adjacent to the existing Town Recreation Complex and 1.4 acres on All Angels Hill Road adjacent to the project and conveyance of 4.05 acres to tax parcel 6257-02-720997. The FEIS included responses to the verbal and written comments that were made during the DEIS comment period and included responses to comments made by the public and the Planning Board's consultants during the public comment period. 4 III. ENVIRONMENTAL IMPACTS OF PROPOSED ACTION A. Geology and Soils Potential Impacts and Proposed Miti~a_ton Soils Development of the site will result in the removal of natural vegetative cover material and soil disturbance. The Proposed Action will disturb approximately 71.58 acres, or 49 percent of the property, and create a total impervious area of 25.53 acres. Based upon a preliminary cut-fill analysis, the proposed cut for the site is 391,900 cubic yards and the proposed fill for this site is 355,700 cubic yards. The site is balanced when 2% compaction and approximately 8-10% of additional fill is typically necessary for actual construction to compensate for compaction are taken into consideration. Without proper design and mitigation, these factors have the potential to alter the natural sediment and stormwater storage capabilities of the site. All fill material will be placed in lifts and mechanically compacted to achieve a minimum of 85 percent compaction, since it is necessary for the mass grading and clustering of the Proposed Action. According to the United States Department of Agriculture (USDA) Soil Conservation Service Soil Survey for Dutchess County, eleven soil types were identified on the project site. The proposed disturbance for each soil type found on site is described below. • Bernardston silt loam, 3 to '8 percent slopes (BeB) -Hydrologic Soil Group C - This soil type covers 4.90 acres of the site. It is on hilltops and broad till plains. The Proposed Action will disturb approximately 3.71 acres (or 75.7%) of this soil type. • Bernardston silt loam, 8 to 15 percent slopes (BeC) -Hydrologic Soil Group C - This soil type covers 45.74 acres of the site. The Proposed Action will disturb approximately 34.56 acres (or 75.6%) of this soil type. • Bernardston silt loam, 15 to 25 percent slopes (BeD) -Hydrologic Soil Group C - This soil type covers 11.45 acres of the site. The Proposed Action will disturb approximately 9.71 acres (or 84.8%) of this soil type. • Canandaigua silt loam (Ca) -Hydrologic Soil Group D -This soil type covers 27.48 acres of the site. The Proposed Action will disturb approximately 2.80 acres (or 10.2%) of this soil type. • Carlisle muck (Cc) -Hydrologic Soil Group A/D -This soil type covers 6.80 acres of the site. The Proposed Action will not disturb this soil type. 5 • Dutchess-Cardigan complex, undulating, rocky (DwB) -Hydrologic Soil Group B/D -This soil type covers 10.57 acres of the site. The Proposed Action will disturb approximately 8.45 acres (or 79.9%) of this soil type. • Hoosic gravelly loam, nearly level (HsA) -Hydrologic Soil Group A -This soil type covers 5.13 acres of the site. The Proposed Action will not disturb this soil n'Pe. • Hoosic gravelly loam, rolling (HsC) -Hydrologic Soil Group A -This soil type covers 2.40 acres of the site. The Proposed Action will not disturb this soil type. • Pittstown silt loam, 3 to 8 percent slopes (PwB) -Hydrologic Soil Group C -This soil type covers 1.90 acres of the site. The Proposed Action will disturb approximately 1.61 acres (or 84.7%) of this soil type. • Punsit silt loam, 3 to 8 percent slopes (PzB) -Hydrologic Soil Group C -This soil type covers 32.90 acres of the site. The Proposed Action will disturb approximately 10.74 acres (or 32.6%) of this soil- type. • Urban land (Ur) -This soil type covers 0.08 acres of the site. The Proposed Action will not disturb this soil type. Soil type Ca is the only hydric soils that will be disturbed, This soil disturbance is limited to the proposed replacement of the existing twin 30-inch CMP culverts, construction of Road "A" with associated grading, construction of stormwater pond 1, and installation of the site utilities. Deep tests will be performed in the general areas where the proposed stormwater management facilities are located in order to determine the depth to groundwater and bedrock. Percolation tests will also be performed to determine the percolation rate of the subsurface soils and whether or not a pond liner will be necessary to maintain a permanent pool of water in the stormwater management ponds. Erosion control matting or other engineered slope stabilization practices will be used on all exposed slopes greater than 3:1. Should a high or seasonally high water table be encountered, dewatering will be used if necessary. Dewatering will not be discharged directly into wetlands, water courses, water bodies, and storm sewer systems. Proper methods and devices will be utilized to the extent permitted by law, such as pumping water into temporary sediment basins, providing surge protection at the inlet and outlet of pumps, floating the intake of the pump, or other methods to minimize and retain the suspended solids. The Proposed Action will be constructed in seven (7) phases. The Applicant is proposing to disturb more than five (5) acres of soil in order to obtain the necessary fill material to construct sections of the Proposed Action while balancing onsite earthwork. This will eliminate the need to import/export material from offsite. Written approval from the 6 Town of Wappinger, which is an MS4, is required to disturb more than five (5) acres of soil at any one time. The Proposed Action has taken the location of sensitive soils into consideration and disturbances to these soils have been avoided, where feasible. Geogrid will be used in areas where construction and cut-fills will be occurring in silt loam soils to provide soil stabilization and reinforcement as needed. In addition, the Proposed Action will be constructed in phases, .which will limit the amount of land disturbance occurring at a single time and minimize the amount of disturbance potentially occurring in sensitive soils. By phasing the construction this will allow for one phase to be stabilized or temporarily stabilized prior to moving onto the next. The proposed clearing and grading activities will be kept to the minimum amount needed for construction of the development. Undisturbed vegetated areas will aid in reducing stormwater runoff and pollutant load and promote soil stabilization. Temporary erosion and sediment control measures, including stabilized construction entrance, dust control, temporary soil stockpile, silt fencing, temporary seeding, stone inlet protection barrier, stone check dams, temporary sediment basin, erosion control blanket and dewatering, will be implemented during construction to minimize soil erosion and control sediment transport offsite. Permanent erosion and sediment control measures, including the establishment of permanent vegetation, final seeding and planting, rock outlet protection and stone check dams, will be implemented after construction to control the quality and quantity of stormwater runoff from the developed site. To ensure the stability and effectiveness of all protective measures and practices during construction, all erosion and sediment control measures employed shall be inspected by the Qualified Professional at least every seven (7) calendar days. The contractor's and/or subcontractor's trained individual(s) shall perform daily inspections of all erosion and sediment control measures at the beginning and end of the day. The trained individual(s) shall immediately correct any deficiencies noted during their inspection or during the Qualified Professional's inspections. For construction sites where soil disturbance activities have been temporarily suspended (e.g., winter shutdown) and temporary stabilization measures have been applied to all disturbed areas, the frequency of the inspections can be reduced. However, NYSDEC and Town must be notified prior to reducing the frequency of the inspections. If approved, the Qualified Professional shall conduct a site inspection at least once every 30 calendar days. For construction sites where soil disturbances of greater than five (5) acres have been authorized by the NYSDEC or the Town, the Qualified Professional shall conduct at least two (2) site inspections every seven (7) calendar days to ensure the stability and effectiveness of all protective measures and practices during construction for as long as greater than five (5) acres of soil remain disturbed. The two (2) site inspections shall be separated by a minimum of two (2) full calendar days. In areas where soil disturbance activity has been 7 temporarily or permanently ceased, temporary and/or permanent soil stabilization measures shall be installed and/or implemented within seven (7) calendar days from the date the soil disturbance activity ceased. The Town Stormwater Management Officer may require other inspections as necessary to determine compliance. As required by the Stormwater Management Officer, to obtain inspections the owner/operator or contractor shall notify the Town Enforcement Officials at least 48 hours before any of the following: • Start of construction. • Installation of erosion and sediment control measures. • Completion of site clearing. • Completion of rough grading. • Completion of final grading. • Close of the construction season. • Completion of final landscaping. • Successful establishment of landscaping in public areas. Specific maintenance components, schedule frequency, inspection parameters and remediation procedures are provided on the accompanying project plans. Any adjustments or modifications to the maintenance plan shall be noted in the inspection reports and submitted to the Town for approval. After construction, all disturbed areas that will be vegetated shall be seeded in accordance with the project plans. The temporary erosion and sediment control measures will be maintained until final stabilization is achieved. Final site stabilization is achieved when all soil-disturbing activities at the site has been completed and a uniform, perennial vegetative cover with a density of 80 percent has been established or equivalent stabilization measures (such as the use of mulches or geotextiles) have been employed on all unpaved areas and areas not covered by permanent structures. Post- construction inspection and maintenance procedures for the various site components and stormwater management facilities shall be performed in accordance with the SWPPP. Geology Excavation will be necessary to obtain suitable grades for the residential units, roadways, and the installation of sanitary, water, drainage, and utility lines. According to the soil impact analysis, most of the development will occur in Bernardston silt loam soils. The Dutchess County Soil Survey indicates that the depth to bedrock ranges from zero to 60 inches. However, based upon the preliminary grading and borings, excavation and removal of bedrock is not anticipated. Therefore, blasting is not anticipated. Should rock be encountered, the type of rock will be evaluated to determine if mechanical means (i.e., chipping or excavation) can be used to remove the rock. The 8 ability to rip or excavate rock is determined by the type of excavator capable of removing it without blasting (i.e. dozer D8 or Hoe CAT235 or comparable). Blasting operations will only be resorted to if necessary. If blasting is found necessary, all blasting operations will adhere to New York State ordinances governing the use of explosives. The State regulations are contained in 12 NYCRR 39 and include such requirements as licensing of operators, magazine (explosive storage) certification, and .rules for conducting operations in a safe manner. All pertinent safety regulations and standards shall be applied as required for safety, security and other related details for any blasting deemed necessary. Applicable safety regulations are: • 29 CFR 1910 OSHA Standards; . • U.S. Army Corps of Engineers Safety Manual EM 385-1-1; • Code of Federal Regulations A.T.F. Title 27; • Institute of Makers of Explosives Safety Library Publications No. 22; and • 12 NYCRR 39. Proper program guidelines will be established among the State, the Town, and the blasting contractor prior to undertaking this activity. The project will obtain all applicable blasting certifications and complying with all blast safety requirements. In addition, a blast monitoring program will be implemented. The elements of such a program include, but are not limited to the following: • Precise engineering determination of the depth and location of onsite blasting. • Evaluation of the location of property lines and the structural nature of nearby buildings for determination of the maximum blast velocity for charges to be used. • Use of a seismograph to monitor each blast attempt and evaluate the blast velocity of the charges used. • Use of blast matting to minimize lifting of rock and debris during blasting. • Notification of surrounding residents and landowners. Storage of all explosive materials shall be located on the site at a location approved by the blasting Engineer. Caps or other detonating devices will not be stored with Class A explosives. Design of the powder magazine shall be in accordance with the references above. The security for explosives and blasting materials stored onsite will be in accordance with Engineer-approved requirements. Delivery and transportation of explosives from the powder magazines to the blast area will be by vehicles specifically designed for this use by the criteria outlined in the safety 9 requirements. Only authorized persons will transport and handle the explosives as designated by the authority of those licensed for this purpose. At all times federal, state, and local ordinances will be followed concerning the transportation and storage of explosives. The designated storage site, explosive transporting vehicles, and areas where explosives are being used shall be clearly marked and shall display the required warning signs. A daily tally of all explosives delivered, used and stored shall be maintained. Prior to blasting, necessary precautions for the protection of persons, adjoining property, and completed work shall be established, including: • Appropriate signs shall be erected in the area of blasting activities. • All adjoining property owners shall be mailed notification of the anticipated blasting schedule. • Notification of blasting at the site shall be published in newspapers prior to the blasting schedule. • A storm alert monitoring device shall be used by the blasting Contractor to detect any electrical build-up in the atmosphere at the blast area while using electrical caps. • Special care shall be taken with detonating cords and connectors to protect from the impact of falling rocks or other impeding objects. A Pre-Blast Survey and, where necessary, aPost-Blast survey will be completed. Findings The Town of Wappinger Town Board, upon due consideration of the Draft and Final EISs and the information derived from public hearings and meetings during the course of this SEQRA review, finds that the Proposed Action will not have a significant adverse impact on geology and soils. B. Topography and Steep Slopes Potentiallmnacts and Proposed Mitigation Topography and Slopes The site topography varies in elevation from 256 feet, at the lowest elevation in the northwestern corner of the property, to 398 feet, at the highest elevation on a knoll in the 10 middle of the site. The topography of adjacent lands ranges from level on the east side of All Angels Hill Road to rolling north and south of the property to very steep in some areas of the property east and west of the hilltop. Some minor rock outcrops are evident mainly on the western portion of the site. The site contains 129.51 acres (86.7%) of slight to moderate slopes consisting of less than 15% slope and 15.06 acres (10.1%) of 15% to less than 25% slope. The remaining acreage or 4.78 acres (3.2%) contains steep slopes (25% or higher slope). The Proposed Action will disturb approximately 71.58 acres, or 49 percent of the site. The majority of the soil disturbance associated with construction of the Proposed Action will consist of overall site grading; road construction; excavation of building foundations; parking area construction; stormwater management facility construction; existing utility relocation and/or abandonment; installation of new utilities; and removal and stockpiling of topsoil. The quality of the fill material will conform to all State and local code requirements. Any excess cut material shall be properly disposed of. A preliminary cut-fill analysis was performed, which did not take utility construction or gravel importation into consideration since the utilities have not been completely designed. Based upon the preliminary cut-fill analysis, the proposed cut for the site is 396,863 cubic yards and the proposed fill for this site is 345,098 cubic yards. The site is balanced when 15% compaction is taken into consideration, since a minimum of 85 percent compaction is necessary for the mass grading and clustering of the Proposed Action. As part of the site plan approval process, a final cut-fill analysis will be performed. The Applicant is requesting written approval from the Town of Wappinger, which is a MS4, to disturb more than five (5) acres of soil at any one time in order to obtain the necessary fill material to avoid having to initially import the needed material, which would require them to export excess material at the end of construction. The Proposed Action could not entirely eliminate all proposed steep slope disturbances or creation of new steep slope areas. Approximately 46 percent (or 60.21 acres) of the existing slopes within the zero to 15 percent category will be disturbed. Approximately 60 percent (or 9.03 acres) of the existing slopes within the 15 to 25 percent category will be disturbed. Approximately 49 percent (or 2.34 aces) of the existing slopes within the greater than 25 percent category will be disturbed. The proposed grading will result in the creation of approximately 14.97 acres of new steep slope areas for a total of 17.31 acres of steep slopes. The created steep slopes will be stabilized quickly to minimize excessive soil erosion and slope instability. Methods will include the temporary or permanent installation of vegetation, riprap armoring or erosion control matting. Stormwater runoff from upgrade areas will be directed away from the steep sloped areas during disturbance. 11 Drainage Patterns In the pre-development conditions, stormwater runoff generally flows overland to the northern property line; to the northwestern stream (#H-101-4-2-1); and to the eastern stream (#H-95-10-1-1). Stormwater runoff flowing to the northern property line continues offsite and flows into a stream, which flows into the eastern side of Lake Oniad. Stormwater runoff flowing to the northwestern stream continues offsite and flows into the southern side of Lake Oniad. The released stormwater from Lake Oniad ultimately flows into the Wappinger Creek. Stormwater runoff flowing to the eastern stream continues offsite and ultimately flows into the Sprout Creek. In the post-development conditions, stormwater runoff outside the residential development will continue to flow overland in the same direction as in the pre- development conditions. The proposed topography of the residential development will generally convey stormwater runoff via sheet flow to onfite catch basins within the paved roads and parking areas or to grass swales. Localized low and high points have been created to aid in the collection of stormwater runoff. The collected stormwater will be conveyed via a closed pipe network or via grass swales to stormwater management systems for treatment. The treated stormwater will be released in a controlled manner to the wetlands prior to entering the northwestern and eastern streams. Temporary erosion and sediment control measures will be implemented during construction to minimize soil erosion and control sediment transport offsite. Permanent erosion and sediment control measures will be implemented after construction to control the quality and quantity of stormwater runoff from the developed site. Findings The Town of Wappinger Town Board, upon due consideration of the Draft and Final EISs and the information derived from public hearings and meetings during the course of this SEQRA review, finds that the Proposed Action will not have a significant adverse impact on topography and steep slope C. Vegetation and Wildlife Potential Impacts and Proposed Mitigation Vegetation and Cover Types The Proposed Action will require clearing of certain habitats. Earth moving (e.g., excavation, filling, and grading), operation of heavy machinery, construction, alteration of existing drainage patterns, addition of impervious surfaces, changes in traffic patterns, and increased human activity will occur on the property. Anticipated impacts from these activities are discussed below: 12 Successional Southern Hardwoods Loss -The proposed activities will require the removal of approximately 64 percent of this cover type from the property. Red Maple Hardwood Swamp -Development activities have been planned to avoid impacts to wetlands except for approximately 0.04 acres for the emergency access road. Scrub/Shrub Wetland -Development activities have been planned to avoid impacts to wetlands except for approximately 0.01 acres for the upgrade to the existing entrance road. Forest Fragmentation -The closed dense canopy in the forested area will be partially cleared to allow for development. The remaining young forest, however, will be preserved leaving protection for forest interior species from invasion of and competition with edge species. Potential fragmentation of the Successional Southern Hardwood forest habitats on this site is not anticipated to significantly alter site biodiversity because the proposed development is centralized and leaves a wooded periphery adjacent to the large wetland areas on the property. Habitat Fragmentation -Habitat fragmentation differs from forest fragmentation in that forest fragmentation is the practice of opening up closed forest canopy, allowing edge- oriented species to penetrate into areas of the forest that they probably would not reach before. While this adversely impacts forest interior species, it potentially benefits edge species. Habitat fragmentation is the separation and isolation of habitats and wildlife populations by placing impenetrable barriers between habitats that prevent mixing formerly connected or adjacent wildlife populations creating "habitat islands". The Proposed Action occurs almost entirely in the Successional Southern Forest habitat type and maintains a significant portion of this habitat, or about 48.37 acres, around the periphery of the development area especially where this habitat connects to other natural wetland habitat on the property. The clustering of the development area to one central location and preservation of the remaining habitat will maintain habitat connections and travel corridors for all wildlife species currently utilizing the property from the highly travelled avian species to less mobile herpetiles. Development barriers can be as minor as a 6-inch curb on a road that prevents movement of amphibians, reptiles, or any small sized wildlife. Private fences around homes or lots if proposed, can prevent wildlife movement to and from breeding, nesting, or feeding areas such as the watercourse. Extensive concentrated clearing of overhead vegetation can also hinder summer movement of some wildlife, most notably amphibians, because of possible exposure to direct sunlight at midday in cleared areas, making it difficult for some species to travel without the risk of becoming desiccated. 13 A tree survey was conducted on December 27, 2011 through January 3, 2012 to identify the size, species, and health of all trees 20 inches or greater in diameter at breast height (dbh) within the proposed limits of disturbance. A total of 198 trees were identified. All of the trees located within the proposed limits of disturbance will be removed. Based upon the tree survey, a total of 146 trees will be removed. The majority of the Proposed Action is clustered on the hilltop and will develop the Southern Successional Hardwood forest area, which was observed to be very dense young aged woods. This area is regenerating pioneer forest that was most likely cleared 25 to 30 years ago and is not anticipated to reach full climax forest for many decades. The habitat is unlikely to support any of the listed threatened or endangered species. Of all the alternatives that were reviewed, the Proposed Action disturbed the least amount of forested area: The Proposed Action will require the clearing of all existing trees, regardless of size, located within the proposed limits of disturbance. As a result, 146 trees, with a dbh of 20 inches or greater, will be removed. The preserved contiguous forested wetland areas will continue to provide natural habitat and migratory corridors for many species. In addition, the Applicant is proposing extensive landscaping and tree plantings throughout the development. A total of 303 reforestation plants are proposed to be planted on the disturbed portion of the hilltop in addition to the proposed 430 street trees, 161 shade trees, 168 understory, 325 evergreens, and 797 shrubs. As a result, the Applicant is proposing to plant a total of 2,184 trees and shrubs. The limits of disturbance will be clearly delineated with orange construction fencing to ensure excess clearing does not occur and any tree preservation measures will be shown on the construction management plan when it is prepared as part of the FEIS. Therefore, no additional mitigation measures are proposed. Other Habitat Areas Other habitat aspects of the property that should be preserved include existing stonewalls and standing dead trees (snags). Old stonewalls provide microhabitats for small mammals, herptiles, and invertebrates. Snags provide perching, nesting, and feeding areas for a wide variety of wildlife. These elements or parts thereof should be protected where possible. A large portion of the existing stonewalls are located along the western property line and the border of NYSDEC wetland WF-6. These existing stone walls will remain, since the Proposed Action will not disturb this wetland. The snags are located along the border of NYSDEC wetland WF-6 and will remain, since the Proposed Action will not disturb this wetland or its associated 100-foot adjacent area. Therefore, no mitigation measures are necessary. 14 Wildlife All Species -Direct impacts to wildlife biodiversity from the proposed development will primarily be displacement and some direct loss especially to species that spend a large percentage of their life cycle underground. Most species found on the property are typically found in suburban settings especially in Wappinger and may have already adapted to proximal human habitation. These species will remain on the developed portion of the property, though possibly in fewer numbers, as availability of basic habitat features (food, cover, and space) may be decreased in the developed areas. General Species Migration Patterns -The impact of habitat modification is most relevant for forest species, which includes most of the key species (forest interior birds, and mammals). No amphibians or reptiles were observed on the hilltop or surrounding uplands, but rather were concentrated at the western wetland area. The less mobile amphibians and reptiles are more vulnerable to migratory barriers, but on this site it appears that the dense successional southern forest community is already a barrier to herpetile movements from the western wetland east - no movements of this class of animal was documented during the surveys. Impacts to a property on a local level will not significantly affect large mammal, or migratory bird species movements since these species are highly mobile and not typically confined to small corridors within a property. The proposed project will impact 71.58 of 145.30 acres with the largest impacts associated with the Successional Southern Hardwood Forest and Unpaved Road/Path habitats. Regulated wetlands on the property are generally left completely intact and are considered the most likely migratory corridors for wildlife species on the property, especially the more sensitive species of amphibians and reptiles. The prime migratory corridors and wildlife destinations for breeding found in the regulated wetlands will remain. Threatened or Endangered Species - No other threatened or endangered species from the USFWS list or identified by the NYSDEC have the potential to be on the property, other than Indiana Bats or Blanding's Turtles. Species of Special Concern -There were no marbled, blue spotted, or Jefferson salamanders or evidence of breeding by these species on the property. Also, no spotted, eastern box, or wood turtles were observed on the property. The Proposed Action clusters the development in one area of the property and maintains the current existing wildlife corridors observed on the site during the field work. Erosion and sediment control measures have been incorporated to minimize soil erosion and to control sediment transport offsite during construction. The erosion and sediment control measures will contain and trap the sediment as close to its place of origin, preventing it from reaching the wetlands and watercourses. Specific mitigation measures to minimize 15 the potential impacts to the forested areas, wildlife, and threatened and endangered species are discussed below. Temporary wildlife displacement during construction is a short-term impact that will occur. As much as possible, earth moving and tree clearing activities should occur after the spring breeding season (April and May) to allow species to migrate and return unhindered to home areas and should be limited to the time period of October 1 to March 31 to avoid any direct impacts to Indiana bats potentially utilizing the property or the Project Biologist will supervise the removal of trees during the active period to ensure no Indiana Bats are impacted during tree removal. In addition, the US Fish and Wildlife Service in conjunction with the NYSDEC suggest that no dyes or chemicals be placed in stormwater detention facilities that could result in wildlife impacts. This will be incorporated into the development plan. . In addition, curbs will exist on the proposed roads to discourage herpetiles from traveling over these surfaces. Migration of these species can occur around the Proposed Action since enough contiguous land will remain adjacent to the wetlands on the site. No other mitigation measure is required. Although not mitigated for impacts, general amphibian microhabitat requirements that will remain intact on the site include: • Breeding locations that hold water at least through July, • Woody debris in adjacent forested areas, • Canopy cover over breeding and foraging areas, and • Deciduous leaf litter for moisture retention and feeding. General reptile microhabitat requirements that will remain intact on the site include: • Woody debris (standing and down), • Small open patches for basking, mixed with well shaded areas during drought periods, • Undisturbed areas in and around wetlands for feeding and breeding, and • Access to safe den areas. The habitat requirements listed above will remain intact with this proposed development plan and because large contiguous portions of the property particularly adjacent to wetlands will remain in a naturalized state. The Red Maple Hardwood Swamp also known as NYSDEC regulated wetland WF-6, may be used by Blanding's turtles and Indiana bats as travel corridors or for foraging and will not be impacted by the proposed development. The entire wetland complex and the contiguous 100 foot adjacent area will not be directly or indirectly impacted and will remain in the current condition. Measures to minimize potential adverse effects are 16 outlined below. No other threatened or endangered species mitigation measures are required, since no impacts to any other listed species are anticipated. Indiana Bats The property is considered to possess potential foraging habitat for the Indiana Bat because there are suitable habitat components for foraging as described in the literature review that exist on the site (wetlands, edge habitat, canopy). However, the potential habitat will not be impacted since the areas are beyond the development zone. The trees observed in the proposed development area are generally second growth and young aged with a fairly uniform and dense canopy layer and did not contain the elements associated with suitable roosting or maternal colony locations such as exfoliating bark, good solar exposure, or noticeable holes or cracks. However, the wetlands on the property especially at the edges between habitats do possess potential foraging habitat. The proposed development construction will include such activities as tree clearing and grubbing, earth moving, and paving. These activities will result in effects including: loss of trees (potential foraging habitat), generation of dust and noise, potential for changes to surface water quality, increased lighting on the site, and increased human activity on the currently vacant property. The project sponsor proposes to avoid, minimize, and mitigate for these effects by: • Implementing tree clearing during timeframes when bats are not resident on the site October 1 to March 31 or the project Biologist will supervise the removal of trees during the active period to ensure no bats are impacted during their removal; • Maintaining potential foraging habitat corridor since the proposed will be clustered -habitats remain intact except for the impacted acres; • Preserving the wetlands on the site to the maximum extent possible which can potentially be used by bats as travel corridors; • Implementing soil conservation and dust control best management practices, such as watering dry disturbed soil areas to keep dust down, and using staked, recessed silt fence and anti tracking pads to prevent erosion and sedimentation in surface waters on the site; • Prior to clearing, the limits of proposed clearing will be clearly demarcated on the site with orange construction fencing (or similar) to prevent inadvertent over- clearing of the site, and; • Stormwater pond(s) will not be maintained with any chemicals that might adversely affect bats or insect populations on which they may feed. 17 These measures will result in minimizing potential adverse effects to Indiana Bats. Blanding's Turtles The NYSDEC wetland WF-6 and adjacent Hoosic soil uplands will be preserved, so that potential use by Blanding's turtles will not change. There was no other observable potential habitat on the property so that fragmentation of habitat is not anticipated. The forested area underlain by Hoosic soils is a candidate area for enhancement to make the area conducive for nesting. Outside the active season trees could be cut by hand to make this area more attractive or useful for nesting. In addition, NYSDEC recommended mitigation measures will be used on the property during development activities. The following measures will be incorporated to assure that any potential impacts are avoided and minimized: • Temporary Barrier A temporary restrictive barrier in the form of silt fencing will be installed around the perimeter of the disturbance footprint. • Blandin~'s Turtle Monitor The project will employ a monitor to assure that all the stated measures are implemented, and to monitor for potential impacts. The monitor must be a qualified biologist that has knowledge of Blanding's turtle ecology and relocation procedures; the biologist must also have experience handling Blanding's turtles and be licensed by New York State to do so. • Tray Hazard Protection To prevent possible entrapment of Blanding's turtles, the storm drain grates will be designed with the smallest possible grate opening without compromising safety or necessary flow rate while meeting the Town standards. Below-ground swimming pools should be surrounded by fencing to exclude turtles of all age classes. Fine grade wire cloth (1/4 inch square mesh size) at the base of a picket fence or a 10" - 12" high barrier can be used to prevent turtles from traveling into the hazard area. Window wells should have grates (1 inch square mesh size or less) or 10" - 12" high vertical barriers surrounding the well. Findings The Town of Wappinger Town Board, upon due consideration of the Draft and Final EISs and the information derived from public hearings and meetings during the course of 18 this SEQRA review, finds that the Proposed Action will not have a significant adverse impact on vegetation and wildlife. D. Wetlands Potential Impacts and Proposed Mitigation There are two areas of direct wetland impact totaling 0.061 acres. The locations and amount of disturbance are described below: • The first location is where the proposed Road "A" crosses the existing twin 30- inch corrugated metal pipe (CMP) culverts between USACE-Town wetlands F/G and H/J. A portion of Road "A" will disturb USACE-Town wetlands F/G and H/J. Approximately 589 square feet (0.0141 ac) of wetland F/G and 405 square feet ( 0.009 ac) of wetland H/J will be disturbed during the replacement of the existing twin 30-inch CMP culverts, installation of utilities, and associated grading. • The final location is north of the southern property line where the emergency access road (Road "E") will connect to the adjacent Shamrock Hills subdivision. A portion of the emergency access road will disturb USACE-Town wetland E. Approximately 1,660 square feet (0.0381 acres) of the 100 foot Town wetland buffer will be disturbed for the installation of the emergency access road, culvert, utilities, and associated grading. There are three locations of Town wetland buffer disturbance totaling 1.31 acres. The locations and amount of disturbance are described below: • The first location is where the proposed Road "A" crosses the existing twin 30- inch corrugated metal pipe (CMP) culverts between USACE-Town wetlands F/G and H/J. The total amount of disturbance associated with the removal of the existing driveway and installation of Road "A", the sidewalk, replacement of the existing twin 30-inch CMP culverts, utility installation, and associated grading is 34,634 square feet (0.80 acres). Replacement of the existing culverts is necessary to maintain the hydrology in this location. • The second location is on the western side of USACE-Town wetlands F/G and N and Sylvia Drive. Approximately 6,762 square feet (0.16 acres) of the 100 foot Town wetland buffer will be disturbed as a result of the minor grading behind the proposed single family homes S 129 through S 132, and the installation of a retaining wall the proposed townhome units T39 through T41. • The final location is north of the southern property line where the emergency access road (Road "E") will connect to the adjacent Shamrock Hills subdivision. Approximately 15,574 square feet (0.36 acres) of the 100 foot Town wetland 19 buffer will be disturbed for the installation of the emergency access road, 30-inch HDPE culvert, utility installation, and associated grading. Installation of the culvert is necessary to maintain the hydrology in this location. The most significant wetland functions based on assessment are floodflow attenuation, sediment trapping, and wildlife habitat. The total of 0.061 acres of impact amounts to 0.15 percent of the wetlands on the property and is not a substantial impact to significantly alter any of the functions provided by the wetlands. The wetland impacts cannot be avoided because of the improvement required to the existing access road off of All Angels Hill Road and the provision of an emergency road to connect to Shamrock Hills Road that must cross a small section of Wetland E or the ephemeral watercourse. No significant impacts to any of the wetland functions or buffers on the property will occur from alteration of the site drainage patterns due to the stormwater management plan or impacts from a sewage treatment facility. A full SWPPP is provided that details the site drainage impacts. No activities are proposed in the wetland areas, except for the emergency access road crossing and entrance road improvements that total only 0.061 acres. No activities are proposed in the NYSDEC regulated adjacent area. No activities are proposed in the Town wetland buffer, except for the emergency access road crossing, entrance road improvements, and minor grading that total 1.32 acres. No groundwater impacts are anticipated, since the project will rely on municipal water and sewer. A Nationwide Permit #29 for Residential developments will be required from the USACE for the proposed wetland impact associated with the entrance road improvement. In addition, a Town of Wappinger approval is required in accordance with Chapter 137 - Freshwater Wetland, Waterbody, and Watercourse Protection of the Town Code. The Applicant has analyzed several different alternative layouts and designs to avoid all wetland impacts. Under all the alternatives, the impacts to wetlands varied minimally from the impacts generated by the Proposed Action. The Applicant recently redesigned the internal road layout such that the impacts to wetlands have been significantly reduced when compared to the original crossing design for the emergency access road. Impacts associated with the entrance road improvement could not be avoided but were minimized by limiting the grading only to the area necessary for the road improvement to Town standards. In addition, the areas of proposed disturbance were previously disturbed for the installation of the existing entrance road. The emergency road crossing from Shamrock Hills Drive into the parcel could be accomplished by using a 3-sided box culvert or a bridge, since this area is a small rocky bottom tributary. However, this will result in unavoidable disturbance to the banks because of the grades in the crossing location that must connect to Shamrock Hills Road. Therefore, the 3-sided box culvert and bridge were eliminated as potential crossing options. 20 Findings The Town of Wappinger Town Board, upon due consideration of the Draft and Final EISs and the information derived from public hearings and meetings during the course of this SEQRA review, finds that the Proposed Action will not have a significant adverse impact on wetlands. E. Surface Water Resources Potentiallmnacts and Proposed Mitigation Impacts to water resources often involve both direct and indirect impacts. Direct impacts as a result of the Proposed Action could include building in a floodplain; and changing the hydrologic and hydraulic characteristics of a watershed. Indirect impacts as a result of the Proposed Action could consist of the degradation of water quality from stormwater runoff; an increase in runoff volume and/or a reduction in aquifer recharge due to increased impervious surface area; sediment deposition; nutrient enrichment of and pollutant accumulation in wetlands; or increased stream flow due to an increase in stormwater runoff volume. Post-Development Conditions As a result of the Proposed Action, approximately 89.81 acres, or 60 percent of the property will be within the Wappinger Creek watershed and approximately 59.53 acres, or 40 percent of the property will be within the Sprout Creek watershed. Even though there is a change in the amount of area located within the two watersheds, the post- development peak rate of runoff leaving the site will not increase and therefore will not adversely impact to the two watersheds and creeks as a result of the development. Stormwater runoff outside the residential development will continue to flow overland in the same direction as in the pre-development conditions. The proposed topography of the residential. development will generally convey stormwater runoff via sheet flow to onsite catch basins within the paved roads and parking areas or to grass swales. Localized low and high points have been created to aid in the collection of stormwater runoff. The collected stormwater will be conveyed via a closed pipe network or via grass swales to stormwater management facilities for treatment. The treated stormwater will be released in a controlled manner to the onsite wetlands prior to entering the northwestern and eastern streams. Stormwater runoff will be released from the site at a rate equal to or less than that which existed prior to development of the property. The required Federal, State, and/or Local permits related to stormwater, wetlands, and surface waters for this project include: 21 • NYSDEC, SPDES General Permit for Stormwater Discharges from Construction Activity (GP-0-10-001). • USACE, Section 404 Clean Water Act. • USACE, Nation Wide 29 Residential Development Water Pollution Sources The potential pollutant sources during construction of the Proposed Action include sediment, vehicle fuels and lubricants, chemicals associated with building construction, and building materials. The potential pollution sources after construction include sediment, fertilizers, debris, litter, and potential auto fluids from roadways. The Proposed Action will implement Best Management Practices (BMPs), which will minimize the water quality impacts to receiving waters. Therefore, no adverse impacts to any onsite watercourses or offsite downstream watercourses and/or water bodies are anticipated. Onsite and Offsite Watercourse Hydrology Analysis Temporary erosion and sediment control measures will be implemented during construction to minimize soil erosion and control sediment transport offsite. Permanent erosion and sediment control measures will be implemented after construction to control the quality and quantity of stormwater runoff from the developed site. The proposed stormwater management facilities will treat the stormwater runoff generated from the proposed development prior to discharging in a controlled manner to the two onsite streams located within the onsite wetlands. Therefore, no adverse impacts to any onsite watercourses or offsite downstream watercourses and/or water bodies are anticipated. Findings The Town of Wappinger Town Board, upon due consideration of the Draft and Final EISs and the information derived from public hearings and meetings during the course of this SEQRA review, finds that the Proposed Action will not have a significant adverse impact on surface water resources. F. Community Services and Facilities Potential Impacts and Proposed Mitigation Police Protection The Proposed Action will be adding 225 residential units to the Town of Wappinger, resulting in an increased in demand for police protection, as with all development. Full build out of the Proposed Action represents a small percentage (2.7%) of the conservatively estimated total of 8,466 residential housing units from the 2000 Census in 22 the Town of Wappinger. As a result of the increased demand, there is potential for an increase in the costs to provide these services. The service ratios of the New York State Police Department will be increased by approximately 20 people per trooper and Dutchess County Sheriffs Department will be increased by approximately 18 people per deputy. In 2010 the County Tax revenue generated by the undeveloped site was $6,443.04, or 2.83 percent of the total tax levy from the property based on a Total Assessed Value of $2,273,800. Upon completion, the total assessed value of the property will increase thereby increasing the amount of tax revenue generated. A detailed fiscal impact analysis could not be performed, since budget information for the New York State Police and Office of the Dutchess County Sheriff was not available. However, the increase in tax revenue generated by the Proposed Action can cover or assist in covering any potential cost increases. Based upon a discussion with the New York State Police Department and the Dutchess County Sheriff s Department, it is not anticipated that either of the stations will have any difficulties providing police protection for the Proposed Action. The increase in the service ratios are minimal and will pose no significant impact on the dedication of manpower. In addition, the increase in tax revenue generated by the Proposed Action assist in providing for any potential increase in expected police protection coverage. Therefore, no significant impacts to the ability of the New York State Police Department or the Dutchess County Sheriffs Department to protect the proposed residents are anticipated. Fire Protection The Proposed Action will be adding 225 residential units to the Town of Wappinger, resulting in an increased in demand for fire protection services, as with all development. As a result of the increased demand, there is potential for an increase in the costs to provide these services. In addition, there will be an increase in the water demand. In 2010, the New Hackensack Fire District Tax revenue generated by the undeveloped site was $1,160.62, or 0.51 percent of the total tax levy from the property based on a Total Assessed Value of $2,273,800. The fiscal impact analysis was expanded to determine the fiscal impacts of the Proposed Action on the Fire District. The Proposed Action is expected to generate $29,692 net tax revenue. Based upon a discussion with Chief Anderson, the New Hackensack Fire District would have no difficulty providing fire protection to the Proposed Action. In addition, the surplus tax revenue generated by the Proposed Action can cover or assist in covering any potential cost increases. Therefore, no significant impacts to the New Hackensack Fire Department's ability to protect the Proposed Action from fires are anticipated. 23 Emergency Medical Services The Proposed Action will be adding 225 residential units to the Town of Wappinger, resulting in an increased demand for emergency medical services, as with all development. As a result of the increased demand, there is potential for an increase in the costs to provide these services. The Proposed Action will add minimal impact to the emergency medical services. In addition, the surplus tax revenue generated by the Proposed Action can cover or assist in covering any potential cost increases. Therefore, no significant impacts to the emergency medical services as a result of the Proposed Action are anticipated. Therefore, no mitigation measures are proposed. In 2010 the Town Wide Ambulance Tax revenue generated from the undeveloped site was $446.71, or 0.20 percent of the total tax levy from the property based on a Total Assessed Value of $2,273,800. The fiscal impact analysis was expanded to determine the fiscal impacts of the Proposed Action on the ambulance district. The Proposed Action is expected to generate $5,373 net tax revenue. Schools The Proposed Action is an age-restricted development; therefore, no school aged children will reside in the development. According to the Fiscal Impact Analysis, the proposed project will generate more than $750,000 of annual property tax revenue to the Wappingers Central School District. Parks, Recreation, and Library Facilities The Town of Wappinger Zoning Law requires 50% of the lot area be set aside as open space. In addition, the Town's Master Plan recommends planning projects such that open spaces will be interconnected thereby providing "boundless opportunities for low-cost recreation". As such, the Applicant is proposing to provide approximately 73.72 acres of open space, or 51 percent of the property. The open space area on the property is generally characterized as deciduous forest and forested wetland. As such, these areas are ideal for passive recreation, including walking, hiking, and nature study. Recreational facilities proposed on the property include a club house, swimming pool, tennis court, and open space area for community events. These facilities are located within the gated community; therefore, they will only be open to the residents of the Hilltop Village at Wappinger community. It is anticipated that majority of the residents will utilize the recreational facilities provided on the property. The HOA will be responsible for maintenance of all open space and recreational facilities. In addition, the Proposed Action now includes recreation fees in the amount of $1.125 million to be paid by the Applicant to the Town. No additional mitigation measures are proposed. The Proposed Action will generate more than $58,000 in surplus income to the Town each year, which can be used to provide for any potential increase in recreational facility 24 use. In addition, the surplus tax revenue generated by the Proposed Action can cover or assist in covering any potential cost increases. Therefore, no additional mitigation measures are proposed. Proposed Recreational Resources Offered to the Town Future Development Parcel According to the Town of Wappinger Comprehensive Plan, a survey was conducted in 2004 and one of the most requested amenities was for a new larger senior center. A 1.4 acre parcel along the proposed Road "A" is being offered for dedication to the Town of Wappinger. The Proposed Action will generate a surplus of more than $58,000 to the Town of Wappinger each year, which could be used to cover any potential cost increases. Therefore, no mitigation measures are proposed. This area is not included within the 73.72 acres of permanent open space. Should the Town not accept the offer of dedication, then the Future Development Parcel will be retained and will be maintained by the HOA. As such, no mitigation measures will be necessary if the offer of dedication to the Town is declined. Robinson Lane Recreation Parcel According to the Town of Wappinger Comprehensive Plan, the Town is looking at lands around Robinson Lane Park for potential acquisition for recreational purposes. The Owner currently owns a 51.7 acre parcel on Robinson Lane adjacent to the existing Town Recreation Center on Robinson Lane and is currently offering this parcel in dedication to the Town of Wappinger for recreational purposes. The parcel contains old field areas as well as wetlands and regulated buffer area; however, there is approximately 21.24 acres of useable space. One example use was developed to show that this parcel is suitable for passive and active recreation including expansion of existing athletic fields and supporting infrastructure. The Proposed Action will generate a surplus of more than $58,000 to the Town of Wappinger each year, which could be used to cover any potential cost increases. Therefore, no mitigation measures are proposed. This area is not included within the 73.72 acres of permanent open space. Should the Town not accept the offer of dedication, then the parcel will be retained by the Owner. As such, no mitigation measures will be necessary if the offer of dedication to the Town is declined. Library Grinnell Library has an operating income of $439,624 and has 41,230 books, 2,655 audio materials, 3,383 video materials, 14 state licensed databases, 8 other licensed databases, and 91 print serial subscriptions. In 2010 the Grinnell Library Tax revenue generated 25 from the undeveloped site was $545.11, or 0.24 percent of the total tax levy from the property based on a Total Assessed Value of $2,273,800. The fiscal impact analysis was expanded to determine the fiscal impacts of the Proposed Action on the library district. The Proposed Action is expected to generate $6,297 net tax revenue. Findings The Town of Wappinger Town Board, upon due consideration of the Draft and Final EISs and the information derived from public hearings and meetings during the course of this SEQRA review, finds that the Proposed Action will not have a significant adverse impact on community services and facilities. G. Community Character, Land Use, and Zoning Potentiallmpacts and Proposed Mitigation Community Character The Proposed Action will introduce single-family homes and townhomes onto the project site. The Proposed Action clusters the majority of the residences and club house toward the interior of the property utilizing the existing topography and landscape. Additional landscaping was added along the property lines reducing the project's visual impact from the adjacent properties and surrounding road network. Therefore, the residences and club house will not be highly visible to where they would seem out of character with other existing homes in the immediate surrounding area. The Applicant intends on developing the site with a variety of architectural designs to avoid creating a monotonous housing development. The proposed homes will consist of an attractive ranch style house, two-story house, and townhouse unit with an attached two car garage. A one car garage option will also be available. The use of multi-leveled gables, ornamental cornices, arches, decorative windows, architectural roof materials, and landscaping will provide a residential development which exceeds the architectural design of most of the existing and new developments within the region. The combination of natural corridors and street trees will further join developed areas with open space areas. The proposed building designs are at a minimum consistent with the existing homes in the surrounding area. The design and placement of all of the buildings will not have an adverse impact on the community character. The site layout utilizes the existing topography to minimize visibility and perceived scale of the buildings and to blend with the existing landscape. Upon completion of the project, approximately 51 percent of the site will remain as permanent open space, which will be forested and undeveloped. In addition, decorative landscaping and screening will be installed within the developed areas to reduce the visibility of the Proposed Action from the surrounding area. Therefore, there are no 26 potential impacts on the surrounding community character. To the extent possible, existing topography and landscape was utilized to minimize the visibility of the proposed project. This helps to maintain consistency with the existing character of the area. Approximately 51 percent of the property will remain as permanent open space which is consistent with the surrounding community character as well. Therefore, no additional mitigation measures are proposed. Land Use The Proposed Action will consist of 132 single-family homes, 93 townhomes, a club house, and recreational amenities. A large portion of the site will be developed; however, approximately 51 percent of the site will remain as permanent open space. The site layout makes use of the natural landscape as much as possible to help to screen buildings from view. The Proposed Action will provide additional housing in a part of the Town where the predominant land use is residential housing and is compatible with the majority of the surrounding land uses. The proposed land use is consistent with the surrounding residential land uses. There are no potential impacts on the surrounding land uses. Therefore, no additional mitigation measures are proposed. Zoning The Applicant has petitioned the Town Board to change the zoning of the entire property from R-40 and COP to Multifamily Residence (RMF-3) District to permit the Proposed Action. The Proposed Action will introduce a new residential zone consistent with the surrounding residential zones that are predominately R-20 and' R-40. However, the Proposed Action conforms to the RMF-3 zoning requirements. Therefore, there are no potential impacts on zoning. Planning Documents The Proposed Action has incorporated several of the goals and principles of the planning documents including the Town of Wappinger Comprehensive Plan, Greenway Connections, Directions: The Plan for Dutchess County, and the Town of Wappinger Recommended Model Development Rights. The Proposed Action is consistent and compatible with these documents. Therefore, no mitigation measures are required. Findings The Town of Wappinger Town Board, upon due consideration of the Draft and Final EISs and the information derived from public hearings and meetings during the course of this SEQRA review, finds that the Proposed Action will not have a significant adverse impact on community character, land use, and zoning. 27 H. Socioeconomic Issues Potential Impacts and Proposed Mitigation Town and School District Detailed assessment of 2009-2011 Town and School District costs and revenues, and calculations of estimated costs and revenues associated with the Proposed Action shows that an Active Adult residential use on this site would be financially beneficial to both the Town and the local Schools. Residents of an Active Adult community would pay a surplus of funds to the schools and the town, even with a portion of the households claiming an Enhanced STAR tax exemption. With the entire project sold at market rates, the net public surplus would rise to more than $810,000 annually, with almost $752,000 in surplus income going to the Wappingers Central School District each year. Fire District Detailed assessment of New Hackensack Fire District costs and revenues, and calculations of estimated costs and revenues associated with the Proposed Action shows that an Active Adult residential use on this site would be financially beneficial to the fire district. Residents of the Proposed Action would pay a surplus of more than $29,000 to the fire district. Ambulance District Detailed assessment of Ambulance District costs and revenues, and calculations of estimated costs and revenues associated with the Proposed Action shows that an Active Adult residential use on this site would be financially beneficial to the ambulance district. Residents of the Proposed Action would pay a surplus of more than $5,000 to the ambulance district. Library District Detailed assessment of Library District costs and revenues, and calculations of estimated costs and revenues associated with the Proposed Action shows that an Active Adult residential use on this site would be financially beneficial to the library district. Residents of the Proposed Action would pay a surplus of more than $6,000 to the library district. The Proposed Action will be adding 225 residential units to the Town of Wappinger, resulting in an increased in demand for police protection, fire protection, and emergency medical services, as with all development. In addition, the Proposed Action will potentially cause an increase in the use of the library and recreational facilities. There will be no potential impacts to the School District, since the Proposed Action is age restricted and will not generate any school age children. The surplus revenues generated 28 by the Proposed Action can cover or assist in covering any potential cost increases. Therefore, no additional mitigation measures are proposed. Findings The Town of Wappinger Town Board, upon due consideration of the Draft and Final EISs and the information derived from public hearings and meetings during the course of this SEQRA review, finds that the Proposed Action will not have a significant adverse impact on socioeconomics. I. Cultural Resources Potential Impacts and Proposed Mitigation Historic and Archaeological Resources The Phase 1 A and Phase 1 B was submitted to the New York State Office of Parks, Recreation and Historic Preservation on October 18, 2011. Based upon the Phase lA and Phase 1B results, no adverse impacts to places listed or eligible for listing on the State or National Register of Historic Places are anticipated as a result of the Proposed Action. Therefore, no mitigation measures are necessary. Visual Resources The Proposed Action will generally not alter the existing views of the adjacent property owners. The buffer of natural open space between the proposed units and property line varies from approximately 100 feet to over 900 feet along the western side of the property. The views that will be seen from the adjacent properties are described below. • The view looking north from the residential properties along Tor Road will be primarily the same. The existing trees along the property line will be preserved to the greatest extent. • The view looking east will be unchanged. The existing wetland and forested areas have been preserved. • The view looking south from the commercial property and residential properties will be primarily the same. The existing trees along the property line will be preserved to the greatest extent. • The view looking west across All Angels Hill Road and along All Angels Hill Road will be changed. 29 In general, the view from adjacent properties will not change as a result of the Proposed Action, given the existing and proposed topography coupled with land preservation, wetlands surrounding the developed area, and extensive landscaping. The proposed units will complement the existing dwellings within the vicinity of the property. There are areas where clearing and grading activities will occur close to the property line; however, these areas are isolated and extensive landscaping is proposed in order to maximize screening of the units. The design and placement of all of the buildings will not have an adverse impact on the community character. The site layout utilizes the existing topography to minimize visibility and perceived scale of the buildings and to blend with the existing landscape. In addition, decorative landscaping and screening will be installed within the developed areas to reduce the visibility of the Proposed Action from the surrounding area. Within the development, the Applicant will provide trees on both sides of the street, outside of the street right-of--way, which will be spaced approximately 40 feet on center. As a result of the preservation of the existing vegetation and the proposed landscaping, the residences will not be highly visible to where they would seem out of character with other existing homes in the immediate surrounding area. Therefore, no additional mitigation measures are proposed. Property Lighting The site lighting was designed to ensure no objectionable glare was directed to adjoining streets, homes and properties. Lighting was limited to the amount and intensity necessary for safety, security and to complement architectural character. A maximum of 0.5 footcandles was held at the property line to limit illumination beyond the property line in accordance with the Town of Wappinger regulations. Dark sky compliant fixtures were selected, since they cast light downward only and provide just the right amount of light exactly where it is needed. There is one instance where the cast lighting extends over the property line and this occurs at the intersection of Road "A" and All Angels Hill Road. Approximately 0.25 footcandles is measured at the property line, which is less than the allowed maximum. The hours of operation will be from to dusk to dawn in order to ensure the safety of the residents. Up lighting will only be used to illuminate the proposed entrance feature only. Landscaping will be provided around entrance feature, which will mask the proposed accent lights and mute the lighting cast. The proposed lighting is not anticipated to adversely impact adjoining streets, homes and properties. Therefore, no additional mitigation measures are proposed. Findings The Town of Wappinger Town Board, upon due consideration of the Draft and Final EISs and the information derived from public hearings and meetings during the course of 30 this SEQRA review, finds that the Proposed Action will not have a significant adverse impact on cultural resources. J. Stormwater Management Potential Impacts and Proposed Mitigation Post-Development Conditions The post-development ground cover will consist of impervious surfaces (e.g., pavement, buildings, and sidewalks), woods, grass, and water surfaces (i.e., Stormwater management ponds). Additional grass and landscaping areas will be added to the site. Approximately 24.20 acres of additional impervious coverage will be added to the site. Therefore, the total impervious coverage is 25.53 acres, or 17.1 percent of the site. As a result of the proposed development, approximately 89.81 acres, or 60 percent of the site will be within the Wappinger Creek watershed and approximately 59.53 acres, or 40 percent of the site will be within the Sprout Creek watershed. Even though there is a change in the areas located within the two watersheds, the proposed stormwater management facilities will treat the Stormwater runoff generated from the proposed development prior to discharging in a controlled manner. Therefore, no adverse impacts to the two watersheds and creeks are anticipated as a result of the development. Stormwater runoff outside the residential development will continue to flow overland in the same direction as in the pre-development conditions. The proposed topography of the residential development will generally convey stormwater runoff via sheet flow to onsite catch basins within the paved roads, parking areas or to grass swales. Localized low and high points have been created to aid in the collection of Stormwater runoff. The collected stormwater will be conveyed via a closed pipe network or via grass swales to Stormwater management systems for treatment. The stormwater management systems consist of five micropool wet extended detention ponds and two bioretention areas. The treated Stormwater will be released in a controlled manner to the wetlands prior to entering the northwestern and eastern streams. Stormwater runoff will be released from the site at a rate equal to or less than that which existed prior to development of the Proposed Action. Potential Water Quality Impacts Stormwater runoff from developed land is recognized as a significant contributor of pollution that can adversely affect the quality of the receiving waters. Stormwater runoff can contain winter maintenance materials, fertilizers, and pesticides. Potential Thermal Impacts on Receiving Waters Stormwater BMPs are designed to remove pollutants from stormwater runoff and use the peak discharge control method for controlling the impacts of Stormwater runoff; however, 31 they may increase runoff temperature thus adversely affecting receiving cold water streams and the habitats of cold water fish species, such as trout. Degraded riparian buffers reduce water quality values, reduce wildlife and fish populations, and cause serious property damage (bank erosion). Removal of riparian vegetation results in increased water temperatures and decreased dissolved oxygen. The loss of shade exposes soils to drying out by wind and sunlight and reduces the water storage capacity of the riparian area. Loss of riparian vegetation causes streambank erosion. Eroding banks contribute to sedimentation and lead to a wide shallow stream with little habitat value. These factors result in significant reductions in aquatic stream life. The addition of impervious surfaces can increase stream temperature. Impervious surfaces absorb solar radiation, which raises their temperature and when a storm event occurs, some of the heat is transferred to the water falling on these surfaces. The heated runoff eventually flows into streams and raises their temperature. Impervious surfaces also reduce infiltration thus decreasing baseflows, which have a cooling effect on stream temperature since groundwater is usually maintained at a relatively constant temperature. Discharges from stormwater management ponds can increase stream temperature. Permanent pools can act as a heat sink between storm events during hot weather. The water can be significantly warmer than naturally occurring baseflow in the receiving waters. The heated discharge eventually flows into streams and raises their temperature. To promote runoff reduction, green infrastructure techniques were incorporated into the planning, design and layout of the Proposed Action which include conservation of natural areas; preservation of naturally vegetated buffers; reduction in the amount of clearing and grading; provision of open space and its design; tree conservation and new tree plantings; rooftop and overland flow disconnection; vegetated open channels; and volume reduction through alternative practices. To avoid and minimize impacts to downstream wetlands, watercourses, and/or water bodies the following were incorporated: • Erosion and Sediment Control measures were designed in accordance with the New York State Standards and Specifications for Erosion and Sediment Control, latest revision, to minimize sedimentation impacts on the water quality of streams and wetlands, and to protect wetland functions and values. • Standard stormwater Best Management Practices (BMPs) were designed in accordance with the New York State stormwater Management Design Manual, latest revision, to minimize stormwater runoff to streams and wetlands to protect aquatic functions and values. 32 • Stormwater management facilities were designed to provide the level of treatment necessary to ensure that stormwater discharges will not result in degradation of the physical, chemical or biological integrity of the receiving waters. • Pollution prevention controls (a.k.a. good housekeeping practices) were designed to maintain a clean and orderly work environment as well as .control the possible exposure of harmful substances and materials to stormwater runoff. • Application of green infrastructure practices, which incorporates non-structural and natural approaches to reduce the effects on watersheds by conserving natural areas, reducing impervious cover, and better integrating stormwater treatment. • Establishment of a 100 foot buffer around the regulated wetlands in accordance with NYSDEC Chapter X Part 664 "Freshwater Wetlands Maps and Classification" and Town of Wappinger Town Code Chapter 137 "Freshwater Wetland, Waterbody and Watercourse Protection". Post-construction inspections and maintenance will be performed by the HOA. In accordance with the Town of Wappinger Town Code, a formal maintenance agreement for the stormwater management facilities shall be executed and binding on all subsequent land owners. The formal maintenance agreement shall be recorded in the office of the Dutchess County Clerk as a deed restriction on the property. Findings The Town of Wappinger Town Board, upon due consideration of the Draft and Final EISs and the information derived from public hearings and meetings during the course of this SEQRA review, finds that the Proposed Action will not have a significant adverse impact on stormwater management. K. Vehicular and Pedestrian Circulation Potential Impacts and Proposed Mitigation Site-generated traffic volumes were computed based on the combined total of 225 detached senior housing units by applying the formulas developed by ITE for Land Use Code 251, "Senior Adult Housing-Detached". The single land use type was chosen since it results in slightly higher volumes when compared to Land Use Code 252, "Senior Adult Housing-Attached" and therefore, calculating the site-generated trips for all units based on this Code provides a more conservative analysis. It is anticipated that the site will generate approximately 17 entering vehicles and 32 exiting vehicles during the weekday AM Peak Hour and 37 entering vehicles and 24 exiting vehicles during the weekday PM Peak Hour. 33 Study Intersections The impact findings for each of the study intersections are outlined below. 1. All Angels Hill Road and Myers Corners Road -The traffic associated with the project will not have an adverse impact on this intersection as the overall Levels of Service will remain the same between the No-Build and Build conditions during both the AM and PM Peak Hours. 2. All Angels Hill Road and Kent Road/Cider Mill Loop -The traffic associated with the project will not have an adverse impact on this intersection as the overall Levels of Service will remain the same between the No-Build and Build conditions during both the AM and PM Peak Hours. 3. All Angels Hill Road and Hilltop Drive -The traffic associated with the project will not have an adverse impact on this intersection as the overall Levels of Service will remain the same between the No-Build and Build conditions during both the AM and PM Peak Hours. 4. All Angels Hill Road and Brown Road -The traffic associated with the project will not have an adverse impact, since the minimal volume increase does not significantly impact this intersection. 5. All Angels Hill Road and Old Hopewell Road -The traffic associated with the project will not have an adverse impact on this intersection as the overall Levels of Service will remain the same between the No-Build and Build conditions during both the AM and PM Peak Hours. 6. All Angels Hill Road and NY Route 82 -The traffic associated with the project will not have an adverse impact on this intersection as the overall Levels of Service will remain the same between the No-Build and Build conditions during both the AM and PM Peak Hours. 7. All Angels Hill Road and New Hackensack Road -The volume increase does not significantly impact this intersection; therefore, the project related impact may be characterized as minimal. It should be noted that these Levels of Service reflect conditions during the peak hours, representing aworst-case scenario when traffic volumes are greatest. At all other non-Peak Hour times this intersection will operate at better-quality Levels of Service. 8. All Angels Hill Road and Route 376 -The volume increase does not significantly impact this intersection; therefore, the project related impact may be characterized as minimal. It should be noted that these Levels of Service reflect conditions during the peak hours, representing aworst-case scenario 34 when traffic volumes are greatest. At all other non-Peak Hour times this intersection will operate at better-quality Levels of Service. 9. Old Hopewell Road and Balfour Drive -The traffic associated with the project will not have an adverse impact on this intersection as the overall Levels of Service will remain the same between the No-Build and Build conditions during both the AM and PM Peak Hours. 10. Old Hopewell Road and Cedar Hill Road -The traffic associated with the project will not have an adverse impact on this intersection as the overall Levels of Service will remain the same between the No-Build and Build conditions during both the AM and PM Peak Hours. 11. Myers Corners Road and Kent Road -The traffic associated with the project will not have an adverse impact on this intersection as the overall Levels of Service will remain the same between the No-Build and Build conditions during both the AM and PM Peak Hours. 12. All Angels Hill Road and Widmer Road -The traffic associated with the project will not have an adverse impact on this intersection as the overall Levels of Service will remain the same between the No-Build and Build conditions during both the AM and PM Peak Hours. 13. All Angels Hill Road and Pye Lane -The traffic associated with the project will not have an adverse impact on this intersection as the overall Levels of Service will remain the same between the No-Build and Build conditions during both the AM and PM Peak Hours. The Proposed Action will have no significant impacts on the operating conditions of the adjacent roadways and intersections during the Peak Hours. The impacts of the Build traffic volumes would in fact be much less than that of the as-of--right traffic. These Levels of Service reflect conditions during peak hours representing aworst-case scenario when traffic volumes are greatest; at all other non-Peak Hour times all intersection will operate at better Levels of Service. Therefore, no improvements are necessary for the intersections in the study area in order to mitigate project-related impacts. However, based upon discussions with the Dutchess County Department of Public Works, the Applicant is proposing to widen the road on Angels Hill Road to accommodate a new left turn lane. Road Maintenance Road "A" will be built to Town of Wappinger Highway Specifications and dedicated to the Town; therefore, it will be a public road and maintained by the Town. The remaining 35 roads within the development will be private and maintained by the Homeowner's Association with no burden on the Town. Pedestrian Access, Safety, and Circulation Sidewalks will be provided on one side of the roadways internal to the site to minimize impervious surfaces. Given the restricted access to the community, traffic will be limited. This will allow for pedestrians to safely cross the roads to access sidewalks. Thus, sidewalks are not needed on both sides of the road. Construction Traffic Construction vehicle access to the property will be from All Angels Hill Road. The existing access road will allow construction vehicle movements' onto the property and unit sites. The construction entrance pad will be installed at the proposed access point adjacent to Flavormatic. The following general guidelines for pad construction will be followed: • Stone size will be 2" or a reclaimed or recycled concrete equivalent; • Pad will be no less than 50 feet long and 10 feet wide and will be no less than 6"deep; • A filter cloth will be placed over the entire area prior to placing of stone; • All surface water flowing or diverted toward the construction entrance will be piped across the entrance; • The entrance will be maintained in a condition that will prevent tracking or flowing of sediment onto public rights-of--way. This may require periodic top dressing with additional stone as conditions demand and repair and/or cleanout of any measures used to trap sediment; • All sediment spilled, dropped, washed, or tracked onto public rights-of--way will be removed immediately; • Vehicle wheels will be cleaned to remove sediment prior to entrance onto public rights-of--way. When washing is required, it will be done on an area stabilized with stone and that drains into an approved sediment-trapping device. Periodic inspection and needed maintenance of the pads will be provided after each rain event. During construction, erosion and sediment will be controlled through the implementation of various erosion and sediment control methods in accordance with New York State 36 Standards and Specifications for Erosion and Sediment Control, latest revision and the Stormwater Pollution Prevention Plan. Construction Vehicles and Employees All construction traffic and activities will comply with the Town code. All construction traffic will use the existing driveway entrance and will likely use both directions of All Angels Hill Road (CR 94). The proposed emergency access drive will not be used for any vehicular traffic related to the construction of the site except for construction of Road E near Shamrock Hills Drive and will remain dedicated only for emergency vehicle traffic. Efforts will be made to reduce the number of construction vehicle trips to and from the site by keeping vehicles onsite as much as possible. Given the extent and type of building and site construction planned for the Proposed Action, heavy equipment will be delivered to the site once at the beginning of its associated phase, left on-site for the duration of that work, then potentially removed from the site when its phase is completed. Building material will be brought to the site in large truck-loads thereby limiting the number of trips along All Angels Hill Road. All large deliveries will be made in accordance with the Town Code. The number and types of vehicles would vary depending on the construction phase - cement trucks during the laying of concrete foundations, flatbed trucks carrying assorted material for walls, flooring and roofing, dump trucks loaded with asphalt during paving operations, etc. These activities do represent an increase in truck trips over that currently traveling on All Angels Hill Road; however, the impact on the adjacent community will be temporary -when construction is completed, heavy truck activity will return to pre- construction levels. The number of workers on-site also will vary depending on the type of work underway. Many workers will carpool and some building trades will send a number of workers to the site in a single van or equipment truck. During the Site Infrastructure Construction Phase, there will be approximately 8-10 workers per day and approximately 8 to 10 passenger vehicles per day plus deliveries. During the Home Construction Phase, there will be an average of 3.70 workers per day per unit, an average of 1.91 personnel vehicles per day per unit, and an average of 0.22 deliveries per day per unit. Fugitive Dust Control Fugitive dust will be controlled during construction with the use of moveable water tanks that will remain on site for this purpose. Construction operations will be scheduled in order to minimize the amount of disturbed areas at any one time during the course of work and will generally occur between 7:OOam and 6:00 pm Monday through Friday and 8:00 am to 5:00 pm on Saturday. Truck traffic will access the site from All Angels Hill 37 Road on the proposed access road/existing commercial driveway. Truck traffic is not anticipated along the frontage of All Angels Hill Road interior within the property. Existing vegetation will be preserved where possible; and temporary soil stabilization practices, such as mulching, seeding, and spraying (water), will be utilized to control dust. Maintenance of Construction Equipment Construction equipment will be maintained and operated properly to minimize pollution to air resources. All construction equipment and natural material stockpiles will be maintained in a staging area on site. The staging area will be located on the interior of the site on level ground to minimize erosion. Emergency Access Emergency vehicles will be able to access the Proposed Action from two locations. The first location will be Road "A" and the second location will be Road "E". Road "A" provides direct access to Road "B", Road "C", and the R&R Realty Associates commercial property. Road "E" will be gated near the property line to prohibit non- emergency vehicles from accessing the Proposed Action from Shamrock Hills Drive. Knox boxes will be used to allow emergency vehicles access. Findings The Town of Wappinger Town Board, upon due consideration of the Draft and Final EISs and the information derived from public hearings and meetings during the course of this SEQRA review, finds that the Proposed Action will not have a significant adverse impact on vehicular and pedestrian circulation. L. Air Quality and Noise Potential Impacts and Proposed Mitigation Air Quality The Town of Wappinger Zoning Law has no identifiable criteria with regard to air quality; however, there are general industry air quality preservation standards set forth both on state and federal levels. As part of the SEQR process, the Proposed Action is required to meet or exceed all state, federal and municipal air quality regulations. The short term (construction) and long term air quality potential impacts are discussed below. Short Term (Construction) During construction, the air quality may be affected by construction activities. Air pollutants of concern include fugitive dust and vehicle emissions. 38 The potential construction related air quality impacts will be temporary. Fugitive dust will be controlled during construction with the use of moveable water tanks that will remain on site for this purpose. Construction operations and deliveries will be scheduled in order to minimize the amount of disturbed areas at any one tune during the course of work and will generally occur between 7:00 am to 6:00 pm Monday through Friday and 8:00 am to 5:00 pm on Saturday. Truck traffic will access the site from All Angels Hill Road on the proposed access road/existing commercial driveway. Existing vegetation will be preserved where possible; and temporary soil stabilization practices, such as mulching, seeding, and spraying (water), will be utilized to control dust. The heavy-duty vehicle, including diesel trucks, idling time shall be minimized to five minutes, which will reduce air pollution and fuel use. The contactor shall be responsible to ensure all construction equipment is properly tuned and maintained prior to and for the duration of onsite operations. Efforts will be made to reduce the number of construction vehicle trips to and from the site by keeping vehicles onsite as much as possible. Given the extent and type of building and site construction planned for the Proposed Action, heavy equipment will be delivered to the site once at the beginning of its associated phase, left on-site for the duration of that work, then potentially removed from the site when its phase is completed. Building material will be brought to the site in large truck-loads thereby limiting the number of trips along All Angels Hill Road. Long Term After construction, the Proposed Action will generate the same typical outdoor air pollutants currently generated from the surrounding residential uses. The typical outdoor air pollutants generated ~ include carbon monoxide, nitrogen oxides and volatile organic compounds. These substances are most commonly associated with vehicular emissions, but can be emitted from heat sources like furnaces and HVAC systems. Expected pollutant sources are limited to vehicle emissions, both passenger car and occasional trucks, and discharges from homes HVAC units. The Traffic Impact Study considered maximum build-out potentials for the project site and indicated that no significant, unmitigated delays or Level of Service drops resulted from the increased volume generated by the proposed development which indicates a minimum number of vehicles and pollutants from the proposed development. After construction, the Proposed Action will generate the same typical outdoor air pollutants currently generated from the surrounding residential uses. Truck idling is not anticipated to occur for more than five minutes at a time, since the anticipated truck traffic will be limited to delivery trucks and garbage collection vehicles. Therefore, no mitigation measures are necessary. 39 Noise Short Term (Construction) Short-term noise impacts will occur from construction equipment and earth-moving activities during construction of the proposed development. It is not possible to predict the exact magnitude of this impact on ambient noise levels in adjacent residential areas due to the variability in many of the factors needed to make such an assessment. These factors include the number and types of construction equipment, construction methods, and scheduling of construction work. The noise level at receptors within the surrounding area will vary depending on the specific areas in which construction is taking place. Based upon Geotechnical investigations, rock removal is not expected; therefore, blasting, chipping, or stone crushing is not anticipated to occur. However, should rock be encountered, the type of rock will be evaluated to determine if mechanical means (i.e., chipping or excavation) can be used to remove the rock. The ability to rip or excavate rock is determined by the type of excavator capable of removing it without blasting (i.e. dozer D8 or Hoe CAT235 or comparable). Blasting operations will only be resorted to if necessary. All construction traffic and activities will comply with the Town Code. Construction activities will typically occur during the normal business hours of 7:00 am to 6:00 pm Monday through Friday and 8:00 am to 5:00 pm Saturday, except in the event of an emergency requiring immediate construction or demolition. Efforts will be made to reduce the number of construction vehicle trips to and from the site by keeping vehicles onsite as much as possible. Given the extent and type of building and site construction planned for the Proposed Action, heavy equipment will be delivered to the site once at the beginning of its associated phase, left on-site for the duration of that work, then potentially removed from the site when its phase is completed. Building material will be brought to the site in large truck-loads thereby limiting the number of trips along All Angels Hill Road. The Proposed Action will leave approximately 51 percent of the site undeveloped, the majority of which will be open space and wooded or wetland areas, which will help to attenuate noise from construction and shield adjacent areas from potential impacts. The construction of the development will occur in phases therefore development will generally be limited to one portion of the site at a time. To reduce the potential impact of noise on adjacent residences, all construction vehicles and equipment will be well maintained and operated in an efficient manner. In particular, the mufflers on all construction equipment will be fully functional and well maintained by the construction contractor. Mufflers will reduce the frequency of sound on machinery that pulses, such as diesel engines and compressed air machinery. 40 Long Term Noise levels resulting from the Proposed Action are not expected to adversely impact the surrounding community. Noise levels generated by the proposed development will be compatible with existing noise levels and types in the area. In addition, there are no sensitive receptors located adjacent to the property that may be impacted by construction or occupation of the property, since the proposed use is residential and surrounding uses are generally residential except for Flavormatic which is an adjacent commercial use. Occupancy of the site is not expected to cause any significant noise impacts that would affect the surrounding community. A combination of landscaping, existing trees, and variations in topography will serve to attenuate noise generated on the property once it is occupied. However, as the surrounding area is primarily comprised of residential uses, noise levels generated by the proposed development will be compatible with existing noise levels and types in the area. Traffic on and off the site is not expected to generate significant noise levels above current noise generated by traffic in the area. Therefore, no mitigation measures are necessary. Findings The Town of Wappinger Town Board, upon due consideration of the Draft and Final EISs and the information derived from public hearings and meetings during the course of this SEQRA review, finds that the Proposed Action will not have a significant adverse impact on air quality and noise. M. Infrastructure and Energy, Utilities and Services Potential Impacts and Proposed Mitigation Sanitary Sewage The proposed age restricted community will generate domestic type wastewater flows. For atwo-bedroom home/apartment, the NYSDEC uses a flow rate of 240 gpd/unit. The wastewater generated from the 225 units would be 54,000 gpd as compared to 60,840 gpd using the Town of Wappinger's standards. The Town of Wappinger's standards results in a more conservative design flow. The wastewater generated from the club house, 19 single family homes, and 68 townhomes will be conveyed to the Rockingham pump station. Therefore, the wastewater design flow to the Rockingham pump station is 20,266 gpd. The wastewater generated from the remaining 113 single family homes and 25 townhomes will be conveyed to the Shamrock Hills pump station. Therefore, the wastewater design flow to the Shamrock Hills pump station is 41,160 gpd. The project will also pay combined water and sewer buy-in fees of $243,000. 41 Existing Pump Stations and Collection System Evaluations Rockingham Pump Station Evaluation The anticipated wastewater generation to be conveyed from the Proposed Action to the Rockingham pump station is 20,266 gpd. This flow is less than the maximum allowed sewage flow of 25,092 gpd. Shamrock Hills Pump Station Evaluation The anticipated wastewater generation to be conveyed from the Proposed Action to the Shamrock Hills pump station is 41,160 gpd. This flow is less than the maximum allowed sewage flow of 51,440 gpd. The existing twin Smith & Loveless 15 HP Model 4B2X pumps can handle the additional flow with minor modifications to the pump station floats. The pump running time will be increased by 6 minutes. Kendell Farms Pump Station Evaluation The existing pumps in the Shamrock Hills pump station will not have to be replaced as a result of the wastewater flow from the Hilltop Village at Wappinger project. The Shamrock Hills pump station flow rate/cycle will not impact the Kendell Farms pump station pumping flow, since the flow will remain unchanged. However, the increase of the Shamrock Hills pump station pumping cycles will cause the Kendell Farms pump station to cycle more often. Orchard Drive/Ardmore Road Collection System Evaluation The Kendell Farms pump station discharges to the existing collection system within the Orchard Drive/Ardmore Road development. The collection system will also be unaffected, since the Kendell Farms pump station was unaffected by the Hilltop Village at Wappinger project. The Shamrock Hills existing pump station, with minor float modifications, has sufficient capacity to service the proposed 113 single family homes and 25 townhomes within the age restricted residential development. The Kendell Farms pump station will cycle more often as a result of the increased cycling of the Shamrock Hills pump station. The Orchard Drive/Ardmore Road collection system will be unaffected by the proposed 225 unit age restricted residential development. Therefore, no further mitigation measures are required. Water Supply The project will require water service for both domestic and fire protection purposes. The project is proposed to connect to the existing Town water system at two (2) locations 42 to meet both requirements. The proposed water main will connect to the existing water line tee in the Shamrock Hills subdivision to the west and the existing water line located beneath Rich Drive to the east. The proposed water distribution system will be designed to serve all of the residential homes and clubhouse. The existing water system has sufficient capacity to service the 225 unit age restricted residential development with a design flow of 61,426 gpd. Based upon the analysis the normal working pressure ranges from 35 to 67 psi, which complies with the minimum recommended working pressure. Individual pressure reduction valves are not anticipated. An analysis of the water system was performed to determine if any infrastructure upgrades will be necessary. Based upon the analysis, an additional water storage tank or other system upgrades are not necessary. The existing Town distribution system will provide adequate flow and pressure to supply the Proposed Action. The project will also pay combined water and sewer buy-in fees of $243,000. Further, the Proposed Action also includes the construction of an off-site Town water system upgrade identified as "Water Main Extension Loop from Meadowwood Wells - All Angels Hill Road." Gas, Telephone, and Electrical Supply The Proposed Action will require gas, .telephone, and electrical services, resulting in an increase in the demand for these services, as with all development. The existing utilities within the vicinity of the project will have to be extended in order to provide service to the Proposed Action. In addition, the some of the existing utility easements will be affected. Central Hudson Gas and Electric Corporation has adequate capacity to provide the Proposed Action with sufficient electric and natural gas service. There are telephone poles and lines along All Angels Hill Road that will be extended into the Proposed Action. All utilities (i.e., gas, telephone, and electric) within the development will be placed underground. Amended easements and/or new easement will be established in coordination with the utility companies. Solid Waste Management The Proposed Action is anticipated to generate 450 residents, assuming two people per residential unit. The NYSDEC estimates that residential solid waste production is approximately 2.4 pounds per person per day. On average, it is therefore estimated that the Proposed Action will generate a maximum of approximately 1,080 pounds of solid waste per day and 7,560 pounds (3.78 tons) per week, or approximately 197 tons of solid waste per year. 43 The proposed club house is 3,762 square feet. In order to calculate the estimated solid waste generated by this space, a median generation rate 1.2 pounds per day per person was used. It is estimated that the Proposed Action will generate an additiona1270 pounds of waste per day and 1,890 pounds (0.95 tons) per week, or approximately 49 tons of solid waste per year. Therefore, the Proposed Action would generate a total of approximately 4.73 tons of solid waste per week (246 tons per year). It is anticipated that the Homeowner's Association (HOA) will contract directly with private haulers for waste and recyclable pickup. Recycling is mandatory in Dutchess County and would be required within the Proposed Action. This will serve to reduce the amount of solid waste requiring disposal. These materials include paper, cardboard, glass, plastics, and metal. Leaf and grass clipping composting can also reduce the amount of solid waste generated. There are no anticipated impacts on the available capacity as a result of the Proposed Action. Findings The Town of Wappinger Town Board, upon due consideration of the Draft and Final EISs and the information derived from public hearings and meetings during the course of this SEQRA review, finds that the Proposed Action will not have a significant adverse impact on infrastructure and energy, utilities and services. IV. ALTERNATIVES The following alternatives to the Proposed Action were considered: 1. No Action Alternative. 2. Construction under the Existing R-40 and COP Zoning a. Conventional Subdivision. b. Average Density Subdivision. c. Conservation Subdivision. 3. Alternative Zoning Techniques to Accomplish Age-Restricted Development. 4. Alternative Site Plans that Reduce Impacts. a. Additional Non-Emergency Vehicle Access. b. Reorientation of Units T54 through T62. c. Private Road Connection. 5. Alternative Policies Regarding Children. 6. Alternative Policies Regarding "Affordable" Portion of Project. 7. Tax Impact Analysis of Fee Simple Ownership. 44 After careful analysis of the Proposed Action, no non-temporary significant adverse impacts were identified. Further, no feasible alternatives were identified that would meet the needs and objectives of the Proposed Action while reducing or eliminating predicted temporary significant adverse impacts related to the proposed project. V. OTHER SEQRA IMPACTS Potential Impacts and Proposed Mitigation ADVERSE ENVIRONMENTAL IMPACTS THAT CANNOT BE AVOIDED Short-Term Impacts Increased noise levels on and near the property resulting from construction activities. By limiting construction activities to those hours permitted by the Town, the temporary increases in noise levels due to construction equipment usage would be minimized. In addition, levels would be lessened in intensity depending on topography and distance. All construction traffic will use the existing driveway entrance and will likely use both directions of All Angels Hill Road. Efforts will be made to reduce the number of construction vehicle trips to and from the site by keeping vehicles onsite as much as possible. Heavy equipment will be delivered to the site once at the beginning of its associated phase, left on-site for the duration of that work, then potentially removed from the site when its phase is completed. Building material will be brought to the site in large truck-loads thereby limiting the number of trips along All Angels :Hill Road. These activities do represent an increase in truck trips over that currently traveling on All Angels Hill Road; however, when construction is completed, heavy truck activity will return to pre-construction levels. There is the possibility of increased susceptibility to erosion as vegetation is removed during construction. Strict erosion and sediment control measures will be installed prior to construction of each phase. The erosion and sediment control measures will be installed and maintained in conformance with the New York State Department of Environmental Conservation State Pollutant Discharge Elimination System (SPDES) General Permit #GP-0-10-001 and Stormwater Pollution Prevention Plan for the Proposed Action. Long-Term Impacts The results of the detailed capacity analyses for the key intersections indicate that the proposed Project will have a negligible impact on operating conditions at the key study intersections as seen by the minimal changes in delay and Levels of Service from the 2015 No-Build to the 2015 Build condition. Therefore, no mitigation is necessary at these intersections. 45 Some increased demand will occur for community services, such as police and fire services, and utilities. These services can accommodate the proposed project. There will be a change in the appearance of the property. The property is wooded and undeveloped; however, the proposed development is designed to fit into this visual environment. In addition, views from surrounding locations would be mitigated by the existing topography, existing and proposed vegetation and in some instances, distance. The project proposes 0.061 acres of disturbance within the actual wetland area, a total of approximately 1.32 acres of disturbance is proposed within 100 foot Town regulated wetland buffer areas. These activities are the minimum necessary to reasonably develop the property and comply with the various codes, ordinances and requirements of the Town.of Wappinger. The Proposed Action would add 25.5 acres of impervious surface on the property. This will increase the impervious coverage by 17.5% on the property. A detailed stormwater management system will be implemented to mitigate this potential impact. IRREVERSIBLE AND IRRETRIEVABLE COMMITMENT OF RESOURCES The proposed project, like any development, will cause the short-term and long-term commitment of environmental resources. Land development, whether it is residential, commercial, or industrial, results in open lands being converted and built upon. Some areas of existing undeveloped land will be committed to development of residences, roads, and landscaped areas. Some existing soils will be altered and replaced with paving. Some wildlife habitat, as it presently exists, will be irretrievably lost or altered. Resources consumed during reconstruction of the site, including fossil fuels and construction materials, will be committed for the life of the project. Non-renewable fossil fuels will be irretrievably lost through the use of gasoline and diesel powered construction equipment during demolition and construction. The Proposed Action will generate an increased demand for electricity and natural gas. Development of the site will generate increased demand for the use of municipal water, sanitary sewage disposal, solid waste disposal and municipal services, such as police and fire protection. Commitments will also be made for the use of renewable and/or recyclable resources such as construction and building materials including timber, steel, concrete, and glass. The need for construction jobs and related service-oriented industries will be an irretrievable commitment of labor resources. GROWTH-INDUCING, CUMULATIVE AND SECONDARY IMPACTS Current land use patterns strongly influence the probability of induced growth. Induced growth is considered the residential or commercial growth, including secondary impacts such as traffic or demand on community services, which would occur above the 46 background growth as a result of the Proposed Action. New development often is likely to occur in or near developed areas, to take advantage of existing residential and economic activity and available infrastructure. Potential Growth Assessment The Hilltop Village at Wappinger Active Adult Community will have positive potential growth inducing impacts on the local economy. There is potential for short-term and long-term benefits to the local economy as a result of the proposed project. Short-term benefits pertain to the project construction phase, which is anticipated to last approximately 4 years and generate approximately 100 - 150 construction related jobs, including, but not limited to engineers, surveyors, carpenters, electricians, plumbers, equipment operators, laborers, etc. Construction activities will also create multiplier effects within the local and regional economy. There will be demand for raw materials for construction, as well as for other goods and services in order to develop the community. The demand for goods may range from special building materials, to plantings and interior furnishings. Similarly, laborers active at the construction site are likely to purchase goods and services from local businesses, including but not limited to food, gas, etc. Finally, depending on the proportion of construction workers who live locally, their wages will cycle through the economy. Long-term economic benefits pertain to the employment generated by the Proposed Action. Once construction is complete and the project is fully built, it will require dozens of part-time equivalent employees for maintenance and support of the population expected on the property. Jobs generated will consist of health care professionals, including skilled nurses; therapists; aides; administrative staff; and service-based jobs, such lawn and landscaping maintenance. It is reasonable to assume that most of these positions will be satisfied within the labor pool available in Dutchess County. In addition to job creation, the Proposed Action will: • Have a net positive fiscal benefit to the community of more than $810,000 annually. • Give more than $752,000 of annual property tax revenue to the Wappingers Central School District, without adding to the school population. • Provide more than $58,000 in surplus income to the Town each year. • Provide more than $28,000 in surplus income to the New Hackensack Fire District, more than $5,000 in surplus income to the ambulance district, and more than $6,000 in surplus income to the library district each year. 47 • Have a minimal impact on public services. The HOA will provide trash removal, street maintenance, and recreation facilities, and Active Adults have a much lower community impact than younger residents and families. • Generate stable cash flow to be spent in local businesses and service establishments. • Provide 225 units for an active adult population wishing to downsize to smaller homes and remain in the Wappinger area. • Active adults primarily shop in local stores, support local professional services, volunteer in local facilities, watch over their neighborhoods throughout the day, and are overall positive additions to the communities in which they live. • Allow the Town of Wappinger to expand the existing recreation field at Robinson Lane Park with the addition of the 51.7 acres adjacent parcel. • Allow the Town of Wappinger to use the Future Development area on the site for additional community services. • Construct an off-site Town water system upgrade identified as "Water Main Extension Loop from Meadowwood Wells -All Angels Hill Road." • Pay $243,000 in water and sewer buy-in fees. • Pay $1.125 million in recreation fees. It is anticipated that future occupants of the Proposed Action will patronize a variety of existing local retail and commercial establishments. Local businesses are expected to provide many of the goods and services future occupants will require, and the additional population from the project will help sustain these local businesses. There is the possibility that the demand for retail and commercial services could increase as a result of the Proposed Action, which could contribute to increased commercial growth in Wappinger and the surrounding areas. Cumulative Impacts Cumulative impacts from the Proposed Action with other planned, proposed, or approved projects are limited, since there are no similar sized projects in this section of the Town of Wappinger. The potential impacts associated with the Proposed Action are summarized below. 48 Groundwater. Surface Water, and Wetlands The Proposed Action is not located over a sole source, primary, or principal aquifer. The proposed Road "A" crosses the existing twin 30-inch corrugated metal pipe (CMP) culverts between ACOE jurisdictional wetlands F/G and H/J. Replacement of the twin culverts cannot be avoided, since the culverts were determined to be in fair condition. The twin 30-inch CMP culverts will be replaced with a single 60-inch high-density polyethylene (HPDE) culvert. Replacement of the twin culverts will not result in any stream disturbance or dredging. There are two areas of direct wetland impact totaling 0.061 acres. There are four locations of Town wetland buffer disturbance totaling 1.32 acres. Temporary erosion and sediment control measures will be implemented during construction to minimize soil erosion and control sediment transport off-site. Permanent erosion and sediment control measures will be implemented after construction to control the quality and quantity of stormwater runoff from the developed site. The proposed stormwater management facilities will treat the stormwater runoff generated from the proposed development prior to discharging in a controlled manner to the two onsite streams located within the onsite wetlands. Therefore, no adverse impacts to groundwater or any onsite and/or offsite downstream watercourses, water bodies, or wetlands are anticipated as a result of the Proposed Action. Community Services Police Protection Based upon a discussion with the New York State Police Department and the Dutchess County Sheriff s Department, it is not anticipated that either of the stations will have any difficulties providing police protection for the proposed 225 units to be created by the Proposed Action. The service ratio of the Dutchess County Sheriffs Department will be increased by approximately 18 people per deputy. Based upon a discussion with the New York State Police Department and the Dutchess County Sheriff s Department, it is not anticipated that either of the stations will have any difficulties providing police protection for the Proposed Action. The increase in the service ratios are minimal and will pose no significant impact on the dedication of manpower. In addition, the increase in tax revenue generated by the Proposed Action assist in providing for any potential increase in expected police protection coverage. Therefore, no significant impacts to the ability of the New York State Police Department or the Dutchess County Sheriffs Department to protect the proposed residents are anticipated. 49 Fire Protection The Proposed Action is in the New Hackensack Fire District. According to Chief Rick Anderson of this facility, the Fire Station is located at the corner of Meyers Corners Road and All Angels Hill Road. The Proposed Action will be adding 225 residential units to the Town of Wappinger, resulting in an increased in demand for fire protection services, as with all development. As a result of the increased demand, there is potential for an increase in the costs to provide these services. Based upon a discussion with Chief Anderson, the New Hackensack Fire District would have no difficulty providing fire protection to the proposed development. In addition, the surplus tax revenue generated by the Proposed Action can cover or assist in covering any potential cost increases. Therefore,_no significant impacts to the New Hackensack Fire Department's ability to protect the Proposed Action from fires are anticipated. Emergency Medical Services The Town of Wappinger exclusively utilizes the services of TRANSCARE Ambulance Service for emergency medical situations affecting Town residents. TRANSCARE consistently provides response times faster than the area average, which translates into increasing the likelihood of protection in an emergency with both Basic and Advanced Life Support personnel. . The Town of Wappinger Town Board has provided for aTown-wide Ambulance District that covers the cost of the ambulance over that of available insurance. TRANSCARE is directly linked to Dutchess County's Enhanced 911 service and is conveniently located at 16 Middlebush Road attached to the State Police Barracks and adjacent to the Wappinger Town Hall. The Proposed Action will be adding 225 residential units to the Town of Wappinger, resulting in an increased demand for emergency medical services, as with all development. As a result of the increased demand, there is potential for an increase in the costs to provide these services. It is the Applicant's opinion that the Proposed Action will add minimal impact to the emergency medical services. In addition, the surplus tax revenue generated by the Proposed Action can cover or assist in covering any potential cost increases. Therefore, no significant impacts to the emergency medical services as a result of the Proposed Action are anticipated. According to Jason Barlow, Saint Francis Hospital has no reason to believe that the Proposed Action would impose any volume hardship on the hospital. Based upon this information, it is the Applicant's opinion that the Proposed Action will not impose any volume hardships on the other hospitals. Therefore, no mitigation measures are proposed. 50 Schools The Proposed Action is located in the Wappinger Central School District. School age children in the area attend Brinkerhoff Elementary School (K-5), Van Wyck Junior High School (6-8), and John Jay High School (9-12). Bus Transportation is currently provided by the Wappinger Central School District. The Proposed Action is an age-restricted development; therefore, no school aged children will reside in the development and no further mitigation measures are proposed. Parks, Recreation, and Library Facilities Recreational facilities proposed on the property include a club house, swimming pool, tennis court, and open space area for community events. These facilities are located within the gated community; therefore, they will only be open to the residents of the Hilltop Village at Wappinger community. It is anticipated that majority of the residents will utilize the recreational facilities provided on the property. The HOA will be responsible for maintenance of all open space and recreational facilities. Therefore, no additional mitigation measures are proposed. A small parcel within the Proposed Action is offered for dedication to the Town. In providing this space, the Applicant anticipates that this area could be used as a Town Senior Center that would be open to the general public. In addition, a separate parcel totaling 51.7 acres located on Robinson Lane will be dedicated to the Town for active and passive recreation. This parcel is adjacent to Robinson Lane Park and could be used to expand the existing facility. The proposed open space/recreation is consistent with the stated goals and policies of the Town of Wappinger Comprehensive Plan. The Proposed Action will generate more than $58,000 in surplus income to the Town each year, which can be used to provide for any potential increase in recreational facility use. In addition, the surplus tax revenue generated by the Proposed Action can cover or assist in covering any potential cost increases. Therefore, no additional mitigation measures are proposed. Community Character, Zoning and Land Use Community Character The Proposed Action will introduce single-family homes and townhomes onto the project site. Residential development in this part of the Town generally consists of single-family homes. The Proposed Action clusters the majority of the residences and club house toward the interior of the property utilizing the existing topography and landscape. Additional landscaping was added along the property lines reducing the project's visual impact from the adjacent properties and surrounding road network. Therefore, the 51 residences and club house will not be highly visible to where they would seem out of character with other existing homes in the immediate surrounding area. The Applicant intends on developing the site with a variety of architectural designs to avoid creating a monotonous housing development. The proposed homes will consist of an attractive ranch style house, two-story house, and townhouse unit with an attached, two car garage. A one car garage option will also be available. The use of multi-leveled gables, ornamental cornices,, arches, decorative windows, architectural roof materials, and landscaping will provide a residential development which exceeds the architectural design of most of the existing and new developments within the region. The combination of natural corridors and street trees will further join developed areas with open space areas. The proposed building designs are at a minimum consistent with the existing homes in the surrounding area. The Proposed Action was developed based upon input from the Town of Wappinger and its consultants. The design and placement of all of the buildings will not have an adverse impact on the community character. The site layout utilizes the existing topography to minimize visibility and perceived scale of the buildings and to blend with the existing landscape. Upon completion of the project, approximately 51 percent of the site will remain as permanent open space, which will be forested and undeveloped. In addition, decorative landscaping and screening will be installed within the developed areas to reduce the visibility of the Proposed Action from the surrounding area. Therefore, there are no potential impacts on the surrounding community character. Land Use The Proposed Action will consist of 132 single-family homes, 93 townhomes, a club house, and recreational amenities. A large portion of the site will be developed; however, approximately 51 percent of the site will remain as permanent open space. As previously discussed, the site layout makes use of the natural landscape as much as possible to help to screen buildings from view. The Proposed Action will provide additional housing in a part of the Town where the predominant land use is residential housing and is compatible with the majority of the surrounding land uses. Therefore, there are no potential impacts on the surrounding land uses. Zoning The Applicant has petitioned the Town Board to change the zoning of the entire property from R-40 and COP to Multifamily Residence (RMF-3) District. The Proposed Action will introduce a new residential zoning district, since the surrounding residential zones are predominately R-20 and R-40. However, the Proposed Action conforms to the RMF- 3 zoning requirements. Therefore, there are no potential impacts on zoning. 52 Planning Documents The Proposed Action is consistent with the goals and policies set forth in the three comprehensive planning documents described above. In addition, several of the goals and principles of the planning documents were incorporated into the layout. Therefore, the Proposed Action is consistent and compatible with these documents. Therefore,. no mitigation measures are required. Cultural Resources Historic Places A Phase lA Archaeological Investigation acid Phase 1B Archaeological Reconnaissance was performed. No prehistoric (Pre-Contact) finds were made during the Phase 1 B. As a result, no further work is recommended. Based upon the Phase lA and Phase 1B results, no adverse impacts to places listed or eligible for listing on the State or National Register of Historic Places are anticipated as a result of the development. Visual Potential visual impacts associated with the Proposed Action include changes in the density of land use and character of the project area. The development as proposed will require grading, construction of residences, and construction of the emergency access point from Shamrock Hills Drive. Potential visual impacts associated with development of the property are also related to a change in the open space character of the property from an undeveloped to developed with 225 residential units. The Applicant intends on developing the site with a variety of architectural designs to avoid a monotonous housing development, the examples illustrate that the Applicant proposes to construct an attractive ranch style house, two story house and townhouse unit with an attached, two car garage (one car garage option available). The proposed building designs are at a minimum consistent with existing homes in the surrounding area. Residences will be constructed using a combination of architectural features to create design diversity. The exterior design intention for this project is to create a residential development which incorporates a variety of architectural features that will create several layers to the fenestration of the residences versus the typical one dimensional residences typical throughout Dutchess County. Use of multi-leveled gables, ornamental cornices, arches, decorative windows, architectural roof materials and landscaping will provide a residential development which exceeds the architectural design of most of the existing and new developments within the region. Again, the combination of natural corridors and street trees will further join developed areas with open space areas. Undeveloped areas will continue to exist along most of the property boundaries. In instances where the proposed grading extends up to the property lines, extensive 53 landscaping is proposed in order to screen the Proposed Action from the adjacent properties. These wooded areas will block views of proposed new development by continuing to provide a screen to the property interior. Therefore, no further mitigation measures are required. Stormwater Management The stormwater management, pollution prevention, and erosion and sediment control measures identified and detailed in the Stormwater Pollution Prevention Plan (SWPPP) and on the accompanying project plans have been designed in accordance with the requirements of the Town of Wappinger and the New York State Department of Environmental Conservation State Pollutant Discharge Elimination System (SPDES) Phase II technical standards. The SWPPP and accompanying project plans identify both temporary and permanent erosion and sediment control measures, which have been designed in accordance the New York State Standards and Specifications for Erosion and Sediment Control. Temporary erosion and sediment control measures will be implemented during construction to minimize soil erosion and control sediment transport off-site. Permanent erosion and sediment control measures will be implemented after construction to control the quality and quantity of stormwater runoff from the developed site. The proposed stormwater management facilities will treat the stormwater runoff generated from the proposed development prior to discharging in a controlled manner to the two onsite streams located within the onsite wetlands. Good housekeeping practices have been designed to maintain a clean and orderly work environment, which shall be maintained throughout the construction process by those parties involved with the direct care and development of the site. During construction, to ensure the stability and effectiveness of all protective measures and practices during construction, all erosion and sediment control measures employed shall be inspected by the Qualified Professional at least every seven (7) calendar days. The contractor's and/or subcontractor's trained individual(s) shall perform daily inspections of all erosion and sediment control measures at the beginning and end of the day. The trained individual(s) shall immediately correct any deficiencies noted during their inspection or during the Qualified Professional's inspections. Post-construction inspection and maintenance procedures for the various site components and the stormwater management facilities have been developed to ensure they continue to function as designed. The post-construction inspections and maintenance will be performed by the Homeowner's Association. A formal maintenance agreement for the stormwater management facilities will be executed and binding on all subsequent land owners. 54 The proposed project will not adversely impact any onsite, adjacent, or downstream receiving water bodies, watercourses, or wetlands and/or any adjacent or downstream properties, if the erosion and sediment control measures and stormwater management facilities are properly constructed, and maintained in accordance with the requirements outlined in the SWPPP and on the accompanying plans. Traffic Based on field observations and the detailed analysis undertaken during the preparation of the Traffic Impact Study, the following findings are summarized below: • The site will be provided very good regional and local access due to its proximity to State Routes 376 and 82, and to County Routes 94, 28, 93, and 104. • Based on conservative projections, it is anticipated that the Proposed Action will generate approximately 17 entering vehicles and 32 exiting vehicles during the weekday AM Peak Hour and 37 entering vehicles and 24 exiting vehicles during the PM Peak Hour. • Access to/from the Proposed Action will be provided via a Town Road (the conversion of an existing driveway) with a full-movement unsignalized intersection at All Angels Hill Road. The existing driveway is currently providing access to Flavormatic Industries. Based on discussions with the Dutchess County Department of Public Works, a left turn lane is proposed to be installed on All Angels Hill Road. An emergency access will be provided via Shamrock Road, accessible from Old Hopewell Road. • A conservative annual growth factor of 2% was applied to the existing traffic volumes, to account for traffic associated with background growth as well as traffic associated with any other unknown potential nearby developments. • Level of Service analyses were performed for the key study locations for the Existing, 2015 No-Build (without the Project) and 2015 Build conditions (with the Project). Based on the analysis contained in the Traffic Impact Study, the traffic generated by the Proposed Action will have a negligible impact on operating conditions at the key study intersections as seen by the minimal changes in delay and Levels of Service from the 2015 No-Build to the 2015 Build condition. Therefore, no mitigation is necessary at these intersections. 55 Utilities Sanitary Sewage Based upon the existing pump station analysis, the existing pumps are capable of handing the additional flow with minor modifications to the pump station floats, running time, and/or the number of pump starts per hour as a result of the proposed Active Adult Community. Based upon the existing sanitary sewer line capacity analysis, the existing gravity lines are capable of handling the increased flow as a result of the proposed Active Adult Community. Therefore, no further mitigation measures are required. Water Supply The existing water system has sufficient capacity to service the 225 unit age restricted residential development. Based upon the analysis the normal working pressure ranges from 35 to 67 psi, which complies with the minimum recommended working pressure. Individual pressure reduction valves are not anticipated. Based upon a discussion with Chief Rick Anderson, the New Hackensack Fire District would have no difficulty providing fire protection to the proposed development. An analysis of the existing water system was performed to determine if any infrastructure upgrades will be necessary. Based upon the analysis, an additional water storage tank or other system upgrades are not necessary. The existing Town distribution system will provide adequate flow and pressure to supply the Proposed Action. Gas, Telephone, and Electrical Supply Sufficient capacity is available from Central Hudson Gas and Electric for the provision of electric and natural gas. Telephone lines exist along All Angels Hill Road and will be brought to the proposed development as an underground utility. In addition, all dwelling units will be built in conformance with the energy conservation regulations of the New York State Energy Conservation Construction Codes. Energy conservation measures that will be used include the following: 90+% Efficient Furnaces; 13 Seer Air Conditioning Condensors; Programmable Thermostats; Multiple Heating and Cooling Zones; Energy Star Qualified Water Heaters; Energy Star Qualified Appliances; High-Performance Low-E Windows; and Insulated Exterior Doors and Garage Doors. There are no potential significant adverse impacts to these services from the proposed development; therefore, no mitigation is required or proposed. Solid Waste Management It is anticipated that the Homeowner's Association (HOA) will contract directly with private haulers for waste and recyclable pickup. Recycling is mandatory in Dutchess County and would be required within the Proposed Action. This will serve to reduce the amount of solid waste requiring disposal. These materials include paper, cardboard, glass, 56 plastics, and metal. Leaf and grass clipping composting can also reduce the amount of solid waste generated. There are no potential significant adverse impacts to these services from the proposed development; therefore, no mitigation is required or proposed. ENERGY USE AND CONSERVATION Energy Sources to Be Used If the Project Is Implemented The existing and proposed primary energy sources for the project are electricity, fuel, and natural gas. Electricity and natural gas will be provided by Central Hudson Gas and Electric Corporation for lighting, cooling, cooking and operating internal equipment/appliances. Alternatives for heating individual dwelling units are liquefied petroleum, gas, or as appropriate, passive or active solar designs. At the present, none of these alternatives are planned. Some dwellings may supplement heating requirements with wood, corn, coal, or pellet burning stoves depending on individual homeowner preferences. Increased Energy Consumption According to Dennis Van Wagenen of Central Hudson, the current average residential household electricity demand is approximately 6,107 kwh per residence per year. On average, it is therefore estimated that the Proposed Action will require approximately 1.4 million kwh of electricity per year. Central Hudson Gas and Electric, is able to provide sufficient electric and gas service to the proposed project. In addition, lighting fixtures will utilize energy saving lamps and ballasts. Energy Conservation Measures All dwelling units will be built in conformance with the energy conservation regulations of the New York State Energy Conservation Construction Codes. In addition, low-flow water conservation plumbing devices will be installed on all showerheads and faucets consistent with the New York State Environmental Conservation Law. The impact of these water conservation devices is a reduction in the demand water, particularly for hot water, therefore reducing energy demand to heat water. All homes will be serviced by Central Hudson Gas and Electric. It is anticipated that all furnaces, water heaters, and cooking ranges will be fueled by natural gas. All homes will be equipped with forced hot air heat and central air conditioning. Energy conservation measures will include the following: • 90+% Efficient Furnaces; • 13 Seer Air Conditioning Condensors; • Programmable Thermostats; • Multiple Heating and Cooling Zones; 57 • Energy Star Qualified Water Heaters; • Energy Star Qualified Appliances; • High-Performance Low-E Windows; and • Insulated Exterior Doors and Garage Doors. Findings The Town of Wappinger Town Board, upon due consideration of the Draft and Final EISs and the information derived from public hearings and meetings during the course of this SEQRA review, finds that the Proposed Action will not have significant adverse impact with respect of these other SEQRA impacts. VI. CONCLUSIONS AND ADDITIONAL FINDINGS The Environmental Impact Statement evaluated the environmental effects of the proposed 225-unit active adult residential development. Having considered the EIS, and the information and analysis contained therein, the Town Board hereby attests that these Findings: 1. Consider the relevant environmental impacts, facts and conclusions disclosed in the EIS; 2. Weigh and balance relevant environmental impacts with social, economic and other considerations; 3. Provide a rationale for the Town Board's decision(s); 4. Certify that the requirements of Part 617 have been met; and 5. Certify that consistent with social, economic and other essential considerations from among the reasonable alternatives available the Proposed Action is one that avoids or minimizes adverse environmental impacts to the maximum extent practicable, and that adverse environmental impacts will be avoided or minimized to the maximum extent practicable by incorporating mitigative measures, including but not limited to those identified in the EIS as practicable, as conditions of the Town Board's decision(s). Finding Statement Adopted: , 2012 J:\DOCS2\500\Wappinger\Hilltop Village at Wappinger\Hilltop Findings Statement.TB.euk.doc 58