State Environmental Quality Review Act (SEQR) SCOPING DOCUMENT

Transcription

1 State Environmental Quality Review Act (SEQR) SCOPING DOCUMENT Debra Lasouska Cluster Subdivision Town of Shawangunk, Ulster County, NY Draft Environmental Impact Statement SEQR CLASSIFICATION: LEAD AGENCY: TYPE I (PROJECT LOCATED IN AN AGRICULTURAL DISTRICT) Planning Board, Town of Shawangunk Ms. Kris Pedersen, Chairperson P.O Box 247 Wallkill, NY LIST OF INVOLVED/INTERESTED AGENCIES Involved Agencies Town of Shawangunk Planning Board Town of Shawangunk Town Board Shawangunk Highway Superintendent Ulster County Health Department New York State Department of Environmental Conservation U.S. Army Corps of Engineers Interested Agencies New York State Office of Parks, Recreation and Historic Preservation Ulster County Planning Department Wallkill Fire District Wallkill Central School District Shawangunk Environmental Management Council Shawangunk Historical Society Ulster County Department of Highways INTRODUCTION This draft Scoping Document has been prepared the Town of Shawangunk Planning Board (hereafter Planning Board), as Lead Agency for the SEQRA review of the proposed Debra Lasouska cluster subdivision. 1

2 This document is intended to serve as the foundation for the identification of all potentially significant adverse impacts pertinent to the proposed action and appropriate mitigation measures. It is also intended to eliminate consideration of any impacts that are irrelevant or non-significant. DESCRIPTION OF THE PROPOSED ACTION The applicant, Debra Lasouska, proposes a cluster residential subdivision to be located on lands on either side of Dubois Road in the unincorporated Town of Shawangunk, Ulster County, New York. The subdivision proposes 24 lots covering approximately acres. The subject property is comprised of the following tax lots: Section , Block 3, Lots and POTENTIAL SIGNIFICANT ENVIRONMENTAL IMPACTS As set forth in the Positive Declaration approved by the Lead Agency, the proposed action will have potentially significant environmental impacts on: Geology, Soils and Topography Groundwater, Surface Waters and Wetlands Plants and Animals Historical and Archaeological Resources Transportation Growth and Character of Community or Neighborhood, including Changes in Land Use and Community Facilities and Services GENERAL SCOPING CONSIDERATIONS The applicant will prepare a site-specific Draft Environmental Impact Statement (DEIS) addressing all items described in this Scoping Document. The applicant should closely examine the SEQR regulations for direction on the required content of a DEIS. Unless otherwise directed by this Scoping Document, the provisions of 6 NYCRR 617.9(b) apply to the content of the DEIS and are incorporated herein by reference. The DEIS will assemble relevant and material facts, evaluate reasonable alternatives, and be analytical but not encyclopedic. It will also be clearly and concisely written in plain language that can be easily read and understood by the public. Highly technical material will be summarized and, if it must be included in its entirety, it will be referenced in the DEIS and included in an appendix. Narrative discussions will be accompanied to the greatest extent possible by illustrative tables and graphics. All graphics will clearly identify the project area. The DEIS will group each issue identified into one Existing Setting, Impacts, and Mitigation section to permit more efficient review. Footnotes will be used as the form of citing references. A Full scale Subdivision Plan is to be included with the DEIS as an appendix and reduced copies of pertinent Subdivision Plan sheets may be included in the body of the DEIS. The documents shall contain, as attachments, plans, reports, and studies meeting prevailing federal, state and town standards with respect to all disciplines of study. DEIS Contents 2

3 Cover Sheet listing preparers, title of project, DEIS identification, location, Lead Agency, and relevant dates (i.e. date of acceptance, date of public hearing, final date for acceptance of comments). Table of Contents including listings of tables, figures, maps, charts, and any items that may be submitted under separate cover (and identified as such). I. EXECUTIVE SUMMARY The Executive Summary will include a brief description of the proposed action and a listing of all potential environmental impacts and proposed mitigation measures. A summary will be provided of the approvals and permits required, and of the alternatives to the proposed action that are evaluated in the DEIS. II. DESCRIPTION OF THE PROPOSED ACTION Chapter 2 of the DEIS will describe the project site and its location, the proposed project, the public need and objectives of the project sponsor, and list required approvals, reviews, and permits. A. Site Location and Description 1. A written and graphic description of the location of the project site in the context of the Town of Shawangunk, including tax identification number and list of abutting properties. 2. Description of the environmental setting of the site, and the natural resources identified thereon and in the adjoining area. 3. Identification of any easements, rights-of-way, restrictions, special district boundaries or other legal devices affecting the subject properties development potential. 4. Description of the existing infrastructure serving the project site and/or its immediate environs, including existing site access and road network. B. Description of the Proposed Action 1. Written and detailed description of the proposed action, including the proposed use, design, layout, phasing of construction. Provide a discussion of the conventional yield, and how it was determined. 2. Identify existing zoning and existing land uses for the project site and adjoining properties. Provide a legal discussion as to whether the cluster development involving two parcels separated by a road would be considered a transfer of development rights. 3. Discuss compliance with zoning and subdivision standards and other criteria set forth by the Town of Shawangunk Code. This demonstration shall clearly indicate the extent to which any modifications or waivers of such standards and other criteria or any variances from such regulations would be required to carry out the project as proposed and why said waivers would be appropriate. 3

4 4. Discuss the compatibility of the proposed land use with the character and development trends in the adjoining area. C. Project Purpose and Need 1. Discuss the purpose or objective of the project sponsor. Discuss the pros and cons of the cluster arrangement and protection of open space as it relates to the proposed layout. 2. Identify the public need for the proposed action, including consideration of consistency with adopted policies and/or plans as set forth within adopted local and regional community land use and development plans. D. Approvals, Reviews and Permits 1. List and describe all required approvals, reviews, and permits required, by agency, to implement the proposed action together with the status of each application. 2. List all Involved and Interested Agencies for DEIS distribution. III. ENVIRONMENTAL SETTING, IMPACTS, MITIGATION This section of the DEIS will identify the existing environmental conditions, potential impacts of the action, and proposed mitigation measures as appropriate for each of the major issues identified in this Scoping Document. A. Soils and Topography 1. Soils will be mapped in accordance with the Soil Survey for Ulster County, New York. Evaluation of site soils will include the following: a. Identify hydric and non-hydric soils, and agricultural soils as defined by the NYS Land Classification System. b. Conduct soil testing in areas proposed for residential development as per Ulster County DOH protocol to assess potential presence of pollutants in the soil from past and present agricultural operations. Present results in DEIS, and indicate implications of findings. Determine whether any soil contamination has resulted from storage of junked vehicles on the project site. Submit an Environmental Audit of the site, indicating whether potential exists for pollutants to be present on the site as a result of past activities. c. Erosion impacts and estimated quantities and locations of increased longterm erosion. d. Construction methods and best management practices that will be employed to lessen erosion and to prevent sediment from migrating off-site or into nearby waterbodies and wetlands based on prevailing NYSDEC criteria. e. Submit a soil erosion and sediment control plan that will consist of a text description and plan details of specific designs to be implemented during and post-construction. 2. A topographic survey based on a two-foot contour interval will be prepared at the subdivision scale. Existing and proposed topography will be mapped based on the following slope categories: 1-15%, 15-25%, and 25% and greater. Slope 4

5 descriptions will include a listing of these slope categories as a percentage of the total site area (pre and post development). A comparison of existing and proposed topography will be evaluated. The following will be described: a. Prominent and/or unique features including stonewalls, large boulders, ledges, and rock outcroppings if present on the site. b. In areas identified for stormwater infiltration and subsurface sewage disposal, test pits and percolation test results will be provided to confirm the adequacy of the soils. Discuss the suitability of the soils for septic systems on the clustered lots, discuss whether the cluster layout results in a prevalence of raised systems, and whether an alternative arrangement, including the conventional plan, would result in fewer raised bed systems, if proposed. B. Surface Water Resources 1. Surface water features will be mapped and described. Water quality classifications of any on-site streams will be described. A drainage study, defining existing and postdevelopment (i.e., Proposed Action) peak rates of stormwater runoff and stormwater quality treatment will be submitted that conforms to NYS DEC methodology A draft Stormwater Pollution Prevention Plan shall be submitted as an appendix to the DEIS. 2. A draft stormwater pollution prevention plan for the subdivision shall be submitted. All proposed measures and procedures will be selected in accordance with the current NYSDEC Design Standards. 3. Evaluate potential impacts to on-site water resources. C. Ground Water Resources 1. Ground water from individual well(s) has been identified as the source of water supply for the Proposed Project. An estimate of the water demand and recharge for the proposed subdivision will be included and the location and characteristics of the proposed supply wells (e.g., well type, depth, pumping capacity, etc.) described. The applicant will test wells and provide pump test data of wells drilled on the west side of Dubois Road to determine whether pumping would affect wells of existing residences adjoining the project site. The Planning Board may require monitoring of off-site wells. Prior to submission of the DEIS, the applicant will meet with the Planning Board to discuss a water supply testing protocol. 2. Provide water quality sampling data in accordance with Ulster County DOH protocol documenting the water quality in the wells in order to determine whether past and present agricultural uses and pesticide/fertilizer applications have not impacted the potable water supply. Determine whether any groundwater impacts have resulted from storage of junked vehicles on the project site. 3. Describe the potential impacts to adjacent wells and the aquifer that might result from the project. If warranted, additional water quality testing will be performed to adequately determine the scale of the impact. 4. In the event water quality tests reveal that any parameters are present that exceed state drinking water standards, the DEIS shall include appropriate measures to 5

6 mitigate these parameters to acceptable levels, e.g., water treatment, alternative water supply systems or locations, reduction in development density, etc. D. Wastewater / Sewage Disposal 1. Estimate the potential sewage generation from the proposed project. 2. Illustrate on the subdivision plan the proposed location of septic systems and the existing subsurface disposal systems and wells of neighboring properties. 3. Provide specific soil data as evidence that the yield of the conventional plan is valid. 4. Reference prevailing Ulster County Department of Health criteria for subsurface disposal systems. Describe the suitability of soils for subsurface systems and provide field test results demonstrating soils are suitable for septic systems. Describe whether the cluster layout results in a need for raised bed systems, and the potential impacts, if any, to water quality of on-site and adjoining off-site wells. 5. Discuss mitigation measures. E. Terrestrial and Aquatic Ecology 1. Vegetation a. Contact the NYS DEC and Federal Fish and Wildlife Service to identify and evaluate the possible presence of unique, rare and/or endangered, threatened species. b. Conduct a field survey to determine existing vegetation and provide a description of the findings. Provide an aerial that identifies various on-site habitats. Provide a list of observed vegetative species, and those likely to be present on the site. c. Identify mature trees (18 dbh) within the areas to be disturbed. Identify specimen type, and whether trees will be preserved or removed. d. Evaluate the potential impacts on the resources identified, including a quantitative assessment of potential loss and/or reduction of function, and necessary mitigation measures designed to offset, reduce, or eliminate such losses. 2. Fish and Wildlife a. Contact the NYS DEC and Federal Fish and Wildlife Service to identify and evaluate the possible presence of unique, rare and/or endangered, threatened and special concern. Analyze the potential presence of bog turtle and Indiana bat habitat on the project site. b. Conduct a field survey to identify existing species that may utilize the site and provide a description of the findings. c. Evaluate the potential impacts on the resources identified, including a quantitative assessment of potential removal or disturbance of existing wildlife and habitat areas, and necessary mitigation measures designed to offset, reduce, or eliminate such losses. 3. Wetlands 6

7 a. Delineate all on-site State and Federal Jurisdictional Wetlands in accordance with New York State criteria and the methodology provided in the 1987 Army Corps of Engineers Wetlands Delineation Manual. Describe on-site wetlands and waters. b. Calculate the area of proposed wetland disturbance based on grading plans. Specifically address the potential for vernal pools to be present on the project site, and describe amphibians that may be utilizing the vernal pools. c. Assess wetland functions and values and potential impacts at the subdivision, project and any other appropriate scales and describe proposed mitigation. d. Discuss any special mitigation measures that will be implemented to prevent soil erosion and sedimentation of wetlands during construction. e. Identify permits that may be required from the NYS DEC or Army Corps of Engineers for the proposed project. F. Land Use and Zoning 1. Land Use a. Describe existing land uses of the subject property and adjoining properties. b. Discuss the compatibility of the proposed project with the character of the adjoining area. Discuss the compatibility of one-acre lots with adjoining twoacre lots. Describe the location of the proposed open space, and its context with surrounding existing or proposed land uses. Discuss the acreage, purposes, need and benefits of the open space proposed on the project site. c. Discuss potential impacts on adjacent land uses, including the compatibility of the cluster arrangement on surrounding active agricultural uses. d. Describe proposed remediation and removal of junked cars on the project site. e. Discuss long-term viability of agricultural production on the project site. 2. Zoning a. Describe existing zoning of the project site and adjoining properties. b. Discuss conformance of the proposed action with the Town of Shawangunk Comprehensive Plan. c. Demonstrate compliance with the zoning, subdivision and road standards and other criteria set forth by the Town of Shawangunk Code. The analysis shall clearly indicate the extent to which any modifications or waivers of such standards and other criteria or any variances from such regulations would be required to carry out the project as proposed. G. Transportation 1. A Traffic Study will evaluate existing traffic conditions and compare same to conditions that are anticipated from implementation of the project. The study will address potential impacts associated with the project, and will identify proposed traffic and safety improvements or other mitigation measures designed to lessen project-related traffic impacts. Methodologies from the latest version of the Highway Capacity Manual will be used to conduct intersection analyses. All of the data collected and analyzed will be summarized in maps or tables. 7

8 a. Study Area Intersections Data collection will include counts and turning movements at the following existing and proposed intersections: Malloy Road and proposed new road access road Malloy Road and Albany Post Road Malloy Road and Dubois Road Dubois Road and proposed new access road Dubois Road and Bernhardt Road Albany Post Road and Bernhardt Road Dubois Road and River Glen Road b. Peak Hours -- The AM and PM peak hour traffic volume counts will be conducted on a Tuesday, Wednesday or Thursday. Data will be collected when public schools are in session, and ATR s used to confirm peak hour periods. 2. Roadway analysis -- Existing streets in project vicinity will be inventoried to determine street widths, speed limits, prevailing speeds, number of travel lanes, sight distance measurements at intersections with restrictive conditions, traffic control devices, signs, and markings. This shall include a driveway sight distance review for lots that front on Dubois Road. Discuss the roads conformity with existing Town, County and or State road standards. Accident reports for the most recent three years will be reviewed to determine whether high accident locations exist in proximity to the site, and to determine the impact that project-generated traffic will have on roadway and roadside safety. 3. Address potential impacts associated with implementation of the proposed action, and identify proposed traffic and safety improvements or other mitigation measures designed to lessen the impact of the project on the adjacent road network. The analysis will include evaluation of other known area projects at the time that the traffic study is undertaken. The study will include applicable development projects under construction, and development projects approved and not yet under construction. The build year at which time the project will be completed will be analyzed. The capacity of each intersection for the existing, no-build, and build conditions will be calculated. The potential traffic generation resulting from the proposed use will be estimated based on the Institute of Transportation Engineer s most recent Trip Generation Manual and will include the trips generated from the potential park uses on the site. 4. Discuss the need to implement traffic calming measures where appropriate. 5. Mitigation in the form of recommendations for roadway and intersection improvements, traffic controls, etc., will be discussed. The need for sidewalks within the proposed subdivision will be assessed. H. Historic and Archaeological Resources 8

9 1. Contact the New York State Office of Parks, Recreation and Historic Preservation (OPRHP) to determine the potential impact on historic and archaeological resources that may be located on the project site. 2. Perform a Phase I archaeological analysis. Describe the findings of an archaeological investigation that will be performed to State Standards by a professional archaeologist. 3. Discuss mitigation measures proposed, or alternatives considered as deemed advisable by the professional archaeologist or OPRHP. 4. Discuss extent to which cemetery found on HR Ventures site extends onto Lasouska site and describe methods to protect the existing cemetery. I. Community Facilities and Services 1. The Proposed project will create the need for additional community services including police and fire protection, emergency services, education, and recreation. 2. The impact of the proposed project on each service area will be considered based on interviews conducted with applicable community agencies. 3. Provide an estimate of the property tax revenues that would be generated by the proposed one-acre lots, based on recent market values of new construction. Compare proposed market values with the market and assessed values of existing dwellings on adjoining two-acre lots along Malloy Road to assess potential impact of project on adjoining property values. 4. Mitigation measures will be discussed. J. Visual Resources 1. Describe the existing visual setting of the project site. Photograph the existing site from Dubois Road and Malloy Road and River Glen Road. 2. Describe the existing visual character of adjoining residences, including typical building setbacks, distances between residential dwellings, and describe any existing vegetative screening that exists between the road and the project site, and existing adjoining residences and the project site. 3. Perform an evaluation of any changes to the visual character of the neighborhood. Consider: proximity of new dwellings to existing dwellings; and, whether new dwellings would be visible from existing dwellings. 4. Based on review of the Shawangunk Open Space Inventory, determine whether proposed project would impact areas identified as scenic views. 5. Describe vegetative screening to remain, or landscaping to be introduced to mitigate long views of the development from surrounding roads and adjoining dwellings. 6. Describe the visual character of the proposed open space, and any benefits said open space may provide to the neighborhood. K. Agricultural Resources 1. Discuss current operation of the property as an orchard, and describe the areas of the project site that are currently in production. Describe most productive portions of the existing site. 2. Describe and map existing on-site soils, including an identification of prime farmland soils. Map existing agricultural uses both on-site and on adjoining properties. Describe the change in character to the Agricultural District as a result of the proposed project. 9

10 3. Discuss the impacts of conversion of agricultural soils and uses to residential uses. Compare the location of the proposed residential development, with the areas of the project site considered to represent the most productive, viable agricultural areas. 4. Describe mitigation measures for loss of agricultural soils. Discuss measures to reduce land use conflicts between the proposed residential use and neighboring agricultural uses. IV. UNAVOIDABLE ADVERSE IMPACTS This section of the DEIS will identify impacts that are likely to occur despite mitigation measures, and will compare the beneficial and adverse implications of these unavoidable impacts. V. ALTERNATIVES This section of the DEIS will evaluate and compare alternatives to the proposed action, which are listed below. The evaluation and comparison will include a conceptual plan and a tabular comparison of quantified impacts. The following alternatives will be studied: A. The No Action Alternative as required under 6 NYCRR b.5. B. Conventional subdivision. The conventional alternative will be developed to a degree that demonstrates that the proposed lots are buildable. This analysis shall confirm that two of the lots located on the east side of Dubois Road are buildable. If requested by the Planning Board, provide soil data to document feasibility of septic systems shown on the conventional layout. C. Dispersed Cluster Arrangement. Provide an alternative cluster arrangement that would relocate a number of dwellings on the west side of Dubois Road to the east side of the site, and that would reduce the residential density on the west side to be more consistent with existing adjoining lots. Discuss the viability of retaining agricultural production on the project site if the development were dispersed. If agricultural production were retained on the west side of DuBois Road, discuss effects of continued operation of agricultural uses, including maintenance of orchard and application of fertilizers and pesticides, noise, and other agricultural activities, on adjoining residences. The alternatives will be developed to the degree that they can be compared on an equal basis with the proposed action.. Clearing limits for all alternative plans will be provided, and the proposed levels of disturbance for each alternative quantified. VI. IRREVERSIBLE AND IRRETRIEVABLE COMMITMENT OF RESOURCES Identification of those natural and man-made resources consumed, converted or otherwise made unavailable for future use as a consequence of the proposed action with specific concern for prime agricultural soils and lands. VII. GROWTH INDUCING ASPECTS Potential growth-inducing aspects, including short and long term, and primary, secondary and indirect impacts, generated by the project will be described and mitigation measures discussed, if necessary. 10

11 VIII. EFFECTS ON THE USE AND CONSERVATION OF ENERGY RESOURCES A description of the effect of the proposed action on the short and long term use and conservation of energy resources will be provided including ways to reduce inefficient or unnecessary consumption during construction and long term operation. XI. APPENDICES The appendices will include a list of all underlying studies and reports relied upon in preparing the DEIS, technical exhibits and studies background information relevant to the proposed action such as this Scoping Document and other relevant SEQR documents, a list of involved and interested agencies, and relevant correspondence with involved agencies and persons. These include but are not limited to: 1. Correspondence 2. Cultural Resource Survey 3. Wetland Delineation Report 4. Draft Stormwater Pollution Prevention Plan 5. Potable Water Pump Tests and Water Quality Test Results 6. Habitat Assessment Biodiversity Study 7. Environmental Audit 11