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2013-1732013-173 Resolution of the Town Board Regarding State Environmental Quality Review (SEQR) Determination of Non-Significance for the Wildwood Drive Drainage Improvements 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 - Barbara Gutzler Councilmembers - William H. Beale Vincent F. Bettina Ismay Czarniecki Michael Kuzmicz ABSENT: The following Resolution was introduced by Councilwoman Czarniecki and seconded by Councilman Kuzmicz. WHEREAS, the Town Board authorized consultation between the Town's Highway Superintendent and Town Engineer about an existing drainage areas along Wildwood Drive near Hackensack Road in the Town of Wappinger, Dutchess County, New York to examine stormwater drainage problems at that location; and WHEREAS, the proposed action, consisting of the installation of a new 24" diameter drainage pipe to replace drainage routed through an apartment site, which will alleviate flooding on Wildwood Drive, is subject to compliance with the provisions of the State Environmental Quality Review Act and the regulations promulgated thereunder at 6 NYCRR, Part 617 (SEQR); and WHEREAS, the Proposed Action is a Unlisted action under the SEQR regulations; and WHEREAS, in accordance with SEQR, the Town Board is the only Involved agency and therefore declares its status as Lead Agency in an uncoordinated review of the proposed action; WHEREAS, the Town Board has reviewed Part 1 of a Short EAF; and caused to be prepared and reviewed Part 2 of a Short 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 determines that the Action is subject to SEQR and establishes itself as Lead Agency for the uncoordinated review of the action pursuant to 6 NYCRR 617.6. 3. The Town Board hereby determines that the Action does not involve a Federal agency. 4. The Town Board hereby finds and determines that: a) it has considered the Action, reviewed all parts of the Short 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) Wildwood Drive Drainage Improvements 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 c) 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). S.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; and c) directs the Town Clerk to file a copy of said negative declaration determination of non-significance in the records of the Town. 6. 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. ../~L,l.'..F~CIX~. CHRISTINE FULTON, TOWN CLERK 617.20 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only nwoT ~ nnA IC/`T IAICAQMATI(1A1 /Tn ho cmm~lptad by Aeelicant or Project Snonsorl rru~ ~ ~ - rnv.~~.v ~ u.. v......-........ _~ _ _ - - -- - - - 1. APPLICANT/SPONSOR 2. PROJECT NAME Town of Wappinger Wildwood Drive Drainage Improvements 3. PROJECT LOCATION: Municipality Town of Wappinger County Dutchess 4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provide map) From the low area in between Wildwood Apartments and Hackensack Road to the stream that flows immediately to the west of Wildwood Drive. Land disturbance will occur in previously disturbed lawn area adjacent to the parking area of the apartments. 5. PROPOSED ACTION IS: - New ~ Expansion ~ Modificationlalteration 6. DESCRIBE PROJECT BRIEFLY: The proposed action involves the installation of a new 24" diameter drainage pipe to replace drainage routed through the apartment site. The current system results in flooding on Wildwood Drive during heavy rain events. Rerouting the stormwater through the new pipe will alleviate the flooding. Erosion and sedimentation control measures will be implemented during pipe installation. 7. AMOUNT OF LAND AFFECTED: Initially 4.24 acres Ultimately 0.24 acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? Yes ~ No If No, describe briefly 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? Residential ~ Industrial ~ Commercial ~ Agriculture ~ Park/Forest/Open Space ~ Other Describe: Existing residential development including apartments and established single-family neighborhoods. 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? Yes ~ No If Yes, list agency(s) name and permiUapprovals: 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? Yes ~ No If Yes, list agency(s) name and permiUapprovals: 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? Yes ~ No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name: Barbara Gutzler, Supervisor Date: Signature: If the action is in the Coastal Area, and you are a state aggency, complete the Coastal Assessment Form before proceeding with tf~is assessment OVER 1 :Reset nwr~T a u^ownT ACCCCCIIACAIT !Tn tie rmm~lo4orl by I earl OnPnr_vl A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.4? If yes, coordinate the review process and use the FULL EAF. Yes ~ No B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.6? If No, a negative declaration may be superseded by another involved agency. Yes ~ No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible) C1. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic pattern, solid waste production or disposal, potential for erosion, drainage or flooding problems? Explain briefly: No. Land disturbance will occur in previously disturbed lawn area, which will be fully reclaimed as lawn area upon completion of the project. Erosion and sedimentation control measures will be implemented during pipe installation. C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? Explain briefly: No C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? Explain briefly: No C4. A community's existing plans or goals as officially adopted, or a change in use or intensity of use of land or other natural resources? Explain briefly: No C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly: No C6. Long term, short term, cumulative, or other effects not identified in C1-C5? Explain briefly: No C7. Other impacts (including changes in use of either quantity or type of energy)? Explain briefly: No D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA (CEA)? Yes ~ No If Yes, explain briefly: E. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? Yes ~ No If Yes, explain briefly: PART III -DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important or otherwise significant. Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) irreversibility; (e) geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. If question D of Part II was checked yes, the determination of significance must evaluate the potential impact ofthe proposed action on the environmental characteristics ofthe CEA. Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the FU EAF and/or prepare a positive declaration. Check this box if you have determined, based on the information and analysis above and any supporting documentation, thatthe proposed action WI NOT result in any significant adverse environmental impacts AND provide, on attachments as necessary, the reasons supporting this determinatic Town of Wappinger Town Board Name of Lead Agency Barbara Gutzler Print or Type Name of Responsible Officer in Lead Agency Date Supervisor Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer (If different from responsible officer) Reset 12-12-79 (3199)-9c SEQR State Environmental Quality Review NEGATIVE DECLARATION Notice of Determination of Non-Significance Project Number Date: This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Conservation Law. The Town of Wappinger Town Board as lead agency, has determined that the proposed action described below will not have a significant adverse environmental impact and a Draft Impact Statement will not be prepared. Name of Action: Wildwood Drive Drainage Improvements SEAR Status: Type 1 ^ Unlisted /^ Conditioned Negative Declaration: ^ Yes ^/ No Description of Action: The proposed action involves the installation of a new 24" diameter drainage pipe from the low area in between Wildwood Apartments and Hackensack Road to the stream that flows immediately to the west of Wildwood Drive. Land disturbance will occur in previously disturbed lawn area adjacent to the parking area of the apartments. The proposed pipe will replace an existing drainage system routed through the apartment site. The current system results in flooding on Wildwood Drive during heavy rain events. Rerouting the stormwater through the new pipe will alleviate the flooding. Erosion and sedimentation control measures will be implemented during pipe installation. Location: (Include street address and the name of the municipality/county. A location map of appropriate scale is also recommended.) Area between Wildwood Apartments and Hackensack Road to the west side of Wildwood Drive SEAR Negative Declaration Page 2 of 2 Reasons Supporting This Determination: (See 617.7(a)-(c) for requirements of this determination ;see 617.7(d) for Conditioned Negative Declaration) 1. The proposed action involves the installation of a new 24" diameter drainage pipe in previously disturbed lawn area, which will be fully reclaimed as lawn area upon completion of the project. 2. The proposed pipe will replace an existing drainage system, which currently results in flooding on Wildwood Drive during heavy rain events. Rerouting the stormwater through the new pipe will alleviate the flooding and will thus have a beneficial impact on flooding problems. 3. Erosion and sedimentation control measures will be implemented during pipe installation. 4. The proposed action will not have any adverse effects on: air, surface or groundwater, noise levels, traffic, or aesthetic, agricultural, archeological, historical or other natural or cultural resources; vegetation or fauna; or habitat areas. 5. The proposed action will not have any adverse effects on: community character, the town's planning goals, growth or subsequent development. If Conditioned Negative Declaration, provide on attachment the specific mitigation measures imposed, and identify comment period (not less than 30 days from date of pubication In the ENB) For Further Information: contact Person: Barbara Gutzler, Supervisor, Town of Wappinger Address: 20 Middlebush Road, Wappinger Falls, NY 12590 Telephone Number: (845) 297-2744 For Type 1 Actions and Conditioned Negative Declarations, a Copy of this Notice is sent to: Chief Executive Officer ,Town /City /Village of N/A Other involved agencies (If any) Applicant (If any) Environmental Notice Bulletin, 625 Broadway, Albany NY, 12233-1750 (Type One Actions on