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