Planning Board Resolution

WHEREAS, the Village of Hunter Planning Board has received a site plan application, draft subdivision plat, site plan, Full Environmental Assessment Form (FEAF), Geotechnical Report, Water Supply Concept Report, and Sanitary Sewer Collection Report for a project identified as Hunter Peaks, and
WHEREAS, the proposed project involves the subdivision of a 59.728-acre parcel into 26 lots consisting of 23 single-family home lots, 2 stormwater management lots, and I vacant lot (Lot l) to be joined with the I previously subdivided 1.197-acre single family home lot, for a total property area of 60.925 acres, and
WHEREAS, the proposed project is situated in the Village Residential Zoning District which permits single-family homes and townhouses and will result in an increase in water usage, wastewater generation, and traffic generation at the site, and
WHEREAS, the project will be accessed by a private road off of Hunter Drive, will receive potable water from the Village of Hunter Water Department, and receive wastewater services from the Hunter Highlands Sewer Treatment Plant, and
WHEREAS, the Applicant will receive a water and sewer permit and submit sewer details prior to construction, and
WHEREAS, the project involves disturbance of approximately 21.51 acres of land and therefore a NYS Department of Environmental Conservation (NYSDEC) SPDES Individual Permit for Stormwater Discharges from Construction Activity will be required and a full Stormwater Pollution Prevention Plan has been prepared, and
WHEREAS, the NYS DEC Division of Fish and Wildlife, New York Natural Heritage Program issued a determination letter on May 5, 2016 stating that there is no record of rare or statelisted animals or plants at the project site or in its immediate vicinity, but that there is the presence of the Beach-Maple Mesic Forest significant natural community, and
WHEREAS, the Applicant has agreed to minimize the number of trees removed from the Beach-Maple Mesic Forest and maintain the overall forest and its dominant tree species that promote regeneration and maintain the high quality of this occurrence, and
WHEREAS, the United State Department of the Interior Fish and Wildlife Sewice issued a comment letter on April 10, 2017 stating that there are no critical habits within the project area, and
WHEREAS, the Planning Board held a public hearing on the project on December 28, 2017 and another on December 6, 2018 to January 24, 2019 and received numerous comments from the public, and
WHEREAS, the Army Corps of Engineers issued a comment letter on October 23, 2017 stating that if the development will involve work in waters of the United States, including the discharge of fill materials into streams or wetlands, then the proposed activities may require a permit, and
WHEREAS, the Applicant received Army Corps of Engineers Jurisdictional Review on all wetlands to be disturbed in order to determine the viability of the current site plan, and
WHEREAS, the Applicant, as mitigation for the proposed disturbance, purchased 0.225 credits from The Wetland Tlust Susquehanna Basin Headwaters and Adjacent Basins InLieu Fee Program on September 10, 2018, and
WHEREAS, the NYC DEP issued comment letters on August 23, November 9, and November 20 of 2017 and on March 13 of 2018 on the Site Plan and Stormwater Pollution Prevention Plan with necessary, but achievable changes to the report and drawings, and
WHEREAS, the proposed action was initially mistakenly classified as a Type I Action subject to 6 NYCRR Part 617, the State Environmental Quality Review Act (SEQR), however, the project does not meet the Type 1 criteria set for in 6 NYCRR Sec 617.4 and is properly classified as an Unlisted Action, and
WHEREAS, the Planning Board declared their intent to act as Lead Agency in the SEQR review of this action on July 25, 2017 and circulated a coordinated review packet to the other involved agencies, and
WHEREAS, none of the other involved agencies objected to the Planning Board acting as Lead Agency in the SEQR review of this action, and
WHEREAS, the Planning Board has carefully reviewed Part I of the Full Environmental Assessment Form (FEAF) and supporting materials submitted by the Applicant, and has completed Parts 2 and 3 of the FEAF using the criteria set forth in 6 NYCRR 617.7, and
WHEREAS, the Planning Board and Applicant received a letter from the NYS Watershed Inspector General (WIG) on May 17, 2018 stating that their office finds the proposed project to have one or more potential significant adverse impacts on the environment, and
WHEREAS, the WIG had high concerns over the potential for increased siltation into the Schoharie Creek Reservoir, and
WHEREAS, a work session was conducted between the WIG, the Planning Board, the Applicant, the Project Engineer, the Reviewing Engineer, NYS DEC, and the NYC DEP where an understanding was reached on how to eliminate the concerns of the WIG without being overly burdensome to the Applicant, and
WHEREAS, the Applicant has included the installation of greater siltation filtering infrastructure on all stormwater features, and
WHEREAS, the Applicant resubmitted a smaller scaled version of the original site plan on October 12, 2018 with less steep slope development, less infrasttucture, less clearing, and the elimination of the pond at the summit of the project site, and
WHEREAS, the Applicant resubmitted a revised version of the revised site plan from October 12, 2018 on January 21, 2019 to adhere to further recommendations from the Watershed Inspector General, and
WHEREAS, the I previously subdivided 1.197-acre single-family home lot will no longer be developed but rather combined with the existing 1.72-acre lot to the west, parcel 164.00-7-2, and the vacmt 5.08-acre lot I to the south, and
WHEREAS, the Applicant resubmitted the revised version of the revised site plan, revised Major Subdivision plat, revised project drawings, and revised Storm Water Pollution Prevention Plan on Februaty 28, 2019 as a response to the comments received from the Watershed Inspector General and NYC Department of Environmental Protection, and
WHEREAS, the Applicant submitted a revised SEQR Full Environmental Assessment Form dated 1/21/19 that calls for Applicant to submit an application for an Individual SPDES Permit,

NOW THEREFORE BE IT RESOLVED THAT

1. The Applicant has sufficiently considered and addressed the comments of the NYS Watershed Inspector General through a substantial decrease in the area of disturbance and an upgrade to the stormwater filtration practices.
2. The project scope has changed from a 34-10t subdivision with 27 single-family home lots, 5 stormwater management lots, 1 clubhouse lot, and I water tank lot to a 26-lot subdivision with 23 single-family home lots, 2 stormwater management lots, and 1 vacant lot to be combined with the previously subdivided Lot 2 to the north and the existing parcel to the west.
3. The area of disturbance on steep slopes was reduced by two-thirds for slopes greater than 25% from 14.55 acres to 5.36 acres.
4. The Planning Board Reconfirms that the Hunter Peaks Residential Development will not have a significant adverse effect on the environment for reasons stated in the Notice of Determination of Non-Significance.
5. The Planning Board Chairman has signed Part 3 of the EAF indicating thereon that an Environmental Impact Statement will not be prepared.

A motion to adopt this resolution was made by Dend seconded by

In Favor S, Opposed O , Absent /

ADOPTED: March 7, 2019

State Environmental Quality Review (SEQR)

NEGATIVE DECLARATION

NOTICE OF DETERMINATION OF NON-SIGNIFICANCE

This notice is issued pursuant to part 617 of the implementing regulations pertaining to Article 8 of the Environmental Conservation Law (SEQR).

The Village of Hunter Planning Board, as lead agency, has determined that the proposed action described below will not have a significant effect on the environment and that an Environmental Impact Statement will not be prepared.

DESCRIPTION OF ACTION:

The Applicant is proposing a 26-lot subdivision on a 59.728-acre parcel on Hunter Drive in the Village of Hunter. The proposed subdivision consists of 23 single-family home lots, 2 stonnwater management lots, 1 vacant lot, and 1 previously subdivided l . 197-acre single family home lot, makes for a total property area of 60.925 acres. The I previously subdivided 1.197acre single-family home lot will not be developed, rather it will be combined with the existing parcel to the west and the vacant parcel to the south. Potable water will be supplied to the proposed subdivision by the Village of Hunter water supply system. The wastewater from the proposed subdivision is proposed to be handled by the Hunter Highlands Sewer Treatment Facility. The proposed development will result in an increase in water usage, water generation, and traffic generation at the site.

REASONS SUPPORTING THIS DETERMINATION:

The Village Planning Board has reviewed the Full Environmental Assessment Form (FEAF) and the criteria contained in 6 NYCRR 5617.7 and has determined that the Hunter Peaks project will not have a significant impact on the environment for the following reasons:

1. As required by the Village Planning Board has determined that an Environmental Impact Statement is not required because any identified adverse impacts on the environment will not be significant.
2. As required by 5617.7(b), the Planning Board has:
3. Considered the action as defined in subdivisions 617.2(b) and 617.3(g).
4. Reviewed the FEAF, the criteria identified in 617.7(c) and other supporting information to identify relevant areas of environmental concern.
5. Analyzed the identified relevant areas of environmental concern to determine whether the action will have a significant adverse impact.
6. Set forth herein its written Finding of No Significant Environmental Impact.
7. The Planning Board has compared the impacts reasonably expected to result from the proposed action to the criteria listed in 617.7(c)(1) as indicators of significant adverse impacts:
8. Air quality, ground or surface water quality or quantity, traffic or noise levels, solid waste production, erosion potential, flooding, leaching or drainage problems;
9. Removal or destruction of large quantities of vegetation or fauna, interference with migration fish or wildlife, impacts to special habitats, impacts to threatened or endangered species, or any other impacts to natural resources;
10. Impairment of Critical Environmental Areas;
11. Conflicts with currently adopted community plans and goals;
12. Impairment of important historical, archeological, or aesthetic resources or community character;
13. Major change in use or type of energy;
14. Creation of a human health hazard;
15. h. Substantial change in use or intensity of use of land including agricultural land, open space or recreational resources;
16. Encouraging a population increase;
17. Creation of a material demand for other actions resulting in above consequences;
18. Changes in two or more elements of the environment that combined have a substantial adverse impact on the environment;
19. Two or more related actions undertaken, funded or approved by an agency that combined have a significant effect on the environment.
20. 617.7(c)(2) — For the purpose of determining significant adverse impacts on the environment of those factors listed above, the long-term, short-term, direct, indirect and cumulative impacts, including simultaneous or subsequent actions, to the extent reasonable, as included in any long-range plan for the action, any action that is a result of the reviewed action or is dependent on the action were reviewed.
21. 617.7(c)(3) — The significance of any likely consequences was assessed in connection with the setting of the action, the likelihood of occurrence, duration, irreversibility, geographic scope, magnitude and the number of people affected as a consequence of the action. Two or more related actions undertaken, funded or approved by an agency that combined have a significant effect on the environment.

Based on this review, the Village of Hunter Planning Board has determined that no significant adverse environmental impacts would result from this Action.

I certify the above resolution adopted by the Village of Hunter Planning Board on March 7, 2019 is a true and correct transcript of the original now on file in this office.

Chairman