Zoning Board of Appeals — 2021-11-10

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Zoning Board of Appeals — 2021-11-10
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TOWN OF RED HOOK ZONING BOARD OF APPEALS November 10, 2021 AGENDA Preliminary Business 7:00

Call to Order - Roll Call Approval of October 13, 2021 Meeting Minutes Review of Planning Board Minutes Comments from the Chair

Public Hearing ZBA 21-05 Phillip Zemke, representing Steven Bear, application for an Area Variance to construct a 190 square foot connector addition between the house and garage, which will result in a 11.7% Building Coverage. Pursuant to the Town of Red Hook Schedule of Area and Bulk Regulations, Section 143-12 the permitted maximum Building Coverage in the Institutional Zone is 5%. The subject parcel is located at 398 Spring Lake Road, in the Town of Red Hook, in the Institutional Zoning District.

Public Hearing ZBA 21-06 Jane Levi, represented by Richard Croughan, application for an Interpretation by Town of Red Hook ZEO, Bob Fennell’s Notice of Violation, dated August 31, 2021, specifically regarding a Building Permit #4-84, issued February 14, 1984, allowing for the construction of a three-unit apartment, as an addition to a non-conforming use. The owner at the time, Rancich, ignored the limits of the permit, and constructed a six-unit apartment; a violation of the terms of the permit. Section 143-56A of the Town of Red Hook Zoning Law limits the number of living units on the subject parcel to three. The subject parcel is located at 30 Blue Echo Road, in the Town of Red Hook, in the R1.5 Zoning District.

Members of the public wishing to submit a live comment via Zoom, in connection with these two public hearings, are asked to please contact ZBA Clerk, Anne Rubin at arubin@redhook.org, or (845)758-4624 by noon of November 10, 2021 All interested persons are also given the opportunity to be heard by sending a letter, via the USPS, or hand delivery to Town Hall, and/or an email to the Town of Red Hook ZBA

Office at arubin@redhook.org. All written comments that are received by noon of November 10, 2021 will be entered in to the record.

Review ZBA 21-07 Craig Nevill-Manning/Eversleigh, LLC, represented by Loreen Harvey of Kasselman Solar, LLC, application for an Area Variance to install a ground-mounted, medium solar energy system in the front yard of the subject parcel. Section 143-37D(2)(f) of the Town of Red Hook Zoning Law prohibits ground-mounted, medium solar energy systems in the front yard. The subject parcel is located at 245 Woods Road, in the Town of Red Hook, in the LD, HL-O, and SC-O Zoning Districts.

Review ZBA 21-06 Jane Levi, represented by Richard Croughan, application for an Area Variance to remedy Town of Red Hook ZEO, Bob Fennell’s Notice of Violation, dated August 31, 2021, specifically regarding a Building Permit #4-84, issued February 14, 1984, allowing for the construction of a three-unit apartment, as an addition to a non-conforming use. The owner at the time, Rancich, ignored the limits of the permit, and constructed a sixunit apartment; a violation of the terms of the permit. Section 143-56A of the Town of Red Hook Zoning Law limits the number of living units on the subject parcel to three. The subject parcel is located at 30 Blue Echo Road, in the Town of Red Hook, in the R1.5 Zoning District.

Pursuant to New York State legislation (S.50001/A.40001), which allows state and local government meetings that are normally held in person to be held remotely instead, as long as the public has the ability to view or listen to the meeting and as long as the meeting is recorded and later transcribed, and advisories issued by Federal, State, and Local officials, related to the COVID-19 virus, the Zoning Board of Appeals will hold the meeting remotely. There will be no in person gathering at the Town Hall. The meeting will be held by video conference, and can be viewed at: https://www.youtube.com/channel/UCaDQcpNaCp3cV1Z6loBbPcA?view_as=subscriber

Pursuant to the above cited legislation, this meeting will be recorded and transcribed. Please contact ZBA Clerk, Anne Rubin, at arubin@redhook.org, or (845)758-4624 with any questions. The next regularly scheduled ZBA Meeting is Wednesday, December 08, 2021. Prospective ZBA Applicants must present their application to ZEO Bob Fennell. The submission deadline for this meeting is Tuesday, November 30, 2021

Changes between versions

2024-09-09→2024-09-09

adopted+178 −12

Document reformatted with formal headers, voting table, and complete Negative Declaration notice added.

Added formal document headers with date and title formatting
Converted WHEREAS and RESOLVED clauses to numbered resolution format with 'NOW, THEREFORE BE IT RESOLVED THAT:' language
Added voting table with board member names (Mayor Smythe, Deputy Mayor Kjarval, Trustees Laing, Bradley-Rickard, Appenzeller) and vote tracking columns
Added complete 'Negative Declaration Notice of Determination of Significance' section with project details, location (Morgan's Way, Red Hook NY), contact information, and description of action
Added 'ADOPTED: September 9, 2024' notation and 'Reasons Supporting This Determination' section

Show red-line diff

## **RESOLUTION TO ADOPT A NEGATIVE DECLARATION** ## **SEPTEMBER 9, 2024** ## **VILLAGE OF RED HOOK WWTP AND STEP SEWER SYSTEM UPGRADE – PHASE II** **WHEREAS clauses: -,** by resolution dated July 15, 2024 the Village of Red Hook Village Board declared its intent to act as State Environmental Quality Review Act (SEQRA) Lead Agency in a coordinated review for the wastewater treatment plant and STEP Sewer System Upgrade – Phase II (hereafter, the "“Project"”) -; and **WHEREAS** , the Project was classified as a Type I SEQRA action -; and **WHEREAS,** each involved agency was notified by letter of the Village'’s intent to act as lead agency and provided with Part I of the Full Environmental Assessment Form (FEAF) -; and **WHEREAS,** no other agency objected to the Village serving as lead agency within 30 days of circulation of the notice of intent -; and **WHEREAS** , the Board has reviewed Parts 1, 2 and 3 of the FEAF and information obtained through its own knowledge, the public hearing, its consultants and other agencies and has sufficient information on which to base a determination of significance -; and **WHEREAS** , the Board has considered the criteria contained in 6 NYCRR 617.7 and thoroughly analyzed all identified relevant areas of environmental concern . ## **NOW, THEREFORE BE IT RESOLVED clausesTHAT: -** 1. The Village of Red Hook Village Board shall be, and hereby confirms its designation as, SEQRA Lead Agency -. 2. The Village of Red Hook Village Board hereby determines that the proposed Project will not have a significant adverse environmental impact on the environment for the reasons set forth in the Negative Declaration attached hereto and made a part of this resolution and adopted on this date -. 3. The Village Mayor is hereby authorized and directed to sign Part 3 of the FEAF indicating thereon that an Environmental Impact Statement will not be prepared -. 4. The Village Clerk is hereby directed to publish notice of the Notice of Determination of Significance in the Environmental Notice Bulletin and to make all other filings required by law and 6 NYCRR Part 617.11. ## **A MOTION TO ADOPT THIS RESOLUTION WAS:** |Motion by: ____________________ Seconded by: _________________ Vote:|Motion by: ____________________ Seconded by: _________________ Vote:|Motion by: ____________________ Seconded by: _________________ Vote:|Motion by: ____________________ Seconded by: _________________ Vote:|Motion by: ____________________ Seconded by: _________________ Vote:|Motion by: ____________________ Seconded by: _________________ Vote:| |---|---|---|---|---|---| |Mayor Smythe|☐Aye|☐Nay|☐Abstain|☐Recuse|☐Absent/Excused| |DeputyMayor Kjarval|☐Aye|☐Nay|☐Abstain|☐Recuse|☐Absent/Excused| |Trustee Laing|☐Aye|☐Nay|☐Abstain|☐Recuse|☐Absent/Excused| |Trustee Bradley-Rickard|☐Aye|☐Nay|☐Abstain|☐Recuse|☐Absent/Excused| |Trustee Appenzeller|☐Aye|☐Nay|☐Abstain|☐Recuse|☐Absent/Excused| |Vote Total|||||| |Result|Motion:||||| **ADOPTED: September 9, 2024** ## **NEGATIVE DECLARATION NOTICE OF DETERMINATION OF 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 Red Hook Village Board, as Lead Agency, has determined that the proposed Action described below will not have a significant impact on the environment and that an Environmental Impact Statement will not be prepared. |**DATE:**|**September 9, 2024**| |---|---| |**NAME OF ACTION:**|**Village of Red Hook WWTP and STEP Sewer System Upgrade**| ||**– Phase II**| |**LOCATION:**|**Off ofMorgan’s Way and variousVillagestreets,**| ||**Village of Red Hook, NY**| |**SEQR STATUS:**|**Type I Action**| |**LEAD AGENCY:**|**Village of Red Hook Village Board of Trustees (“Village**| ||**Board”)**| |**CONTACT PERSON:**|**Karen Smythe, Mayor**| ||**Village of Red Hook**| ||**7467 South Broadway**| ||**Red Hook, NY 12571**| ## **DESCRIPTION OF ACTION:** The Village of Red Hook intends to conduct upgrades to the existing wastewater treatment plant (the “WWTP”) site and to expand the existing STEP sanitary sewer system to serve approximately 170 additional properties within the Village (the “Project”). A map of the extended sewer service area is attached hereto as Exhibit A. The Project will increase the treatment capacity of the WWTP to 300,000 gallons per day through the construction of a new Membrane Bioreactor (MBR) WWTP at the existing WWTP site. The Project involves the construction of approximately 25,000 linear feet of sanitary sewer collection piping. Each building in the expanded sewer service area will receive a new septic tank, replacing the existing, failing septic tank, including required piping and pumps, electrical panels and connections and all other essential appurtenances. Buildings that require a grease trap will also be provided with such. The Village will seek easements from the affected property owners to allow for the installation of the sewer system components or otherwise exercise its powers to take such easements. The Property is located within the Neighborhood Mixed Use District, which permits public utilities subject to site plan approval. The Village will either obtain site plan approval or undergo a Monroe Balancing analysis to exempt itself from the requirement of site plan approval. No NYSDOT permits will be required for the construction of the Project. Other approvals and permits may include, but are not limited to, SPDES increase in treatment capacity and discharge approval, NYSDEC design approval, SWPPP for construction activities, Village Board Project approval, Dutchess County Health Department Project approval, and funding approval from various funding agencies, ## **REASONS SUPPORTING THIS DETERMINATION:** The Village Board has reviewed the FEAF and the criteria contained in 6 NYCRR §617.7 and has determined that the Action will not have a significant impact on the environment for the following reasons: - A. As required by §617.7(a)(2), the Village Board has determined that an Environmental Impact Statement is not required because any identified adverse impacts on the environment will not be significant. - B. As required by §617.7(b), the Village Board has: 1. Considered the action as defined in subdivisions 617.2(b) and 617.3(g). 2. Reviewed the FEAF, the criteria identified in 617.7(c) and other supporting information to identify relevant areas of environmental concern. 3. Analyzed the identified relevant areas of environmental concern to determine whether the action will have a significant adverse impact. 4. Set forth herein its written Finding of No Significant Environmental Impact. - C. The Village 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: 1. Will the Proposed Action result in a physical change to the Project site? **The Village Board has identified a potential small to moderate impact to land from the Project. Construction of the entire Project will disturb approximately 5 acres of land and work will be completed mostly in areas, which have previously been disturbed. Further, the Project will adhere to best practices for stormwater management and erosion and sediment control, including reseeding of stockpiles and other applicable requirements of the NYS Department of Environmental Conservation (NYSDEC). A SWPPP will be prepared in accordance with the NYS Standards and Specifications for Erosion and Sediment Control for the Project area.** 2. Will there be an impact to any unique or unusual land forms found on the site? **There will be no impact to unique or unusual land forms as no such land forms exist in the Project area.** 3. Impacts on Surface Waters: - a. Will Proposed Action impact any water body designated as protected? (Under Articles 15, 24, 25 of the Environmental Conservation Law, ECL)? **The Village Board has determined that a potential small to moderate impact to protected water bodies may occur. Construction will take place in the vicinity of a tributary to the Saw Kill (Class C Stream) and NYSDEC and National Wetlands Inventory (NWI) wetlands. No waterbodies or wetlands will be negatively impacted by the Project.** **The Project involves increasing discharge to a tributary to the Saw Kill to 300,000 gallons per day. The increased discharge will require an amendment to the existing SPDES permit issued by the NYSDEC.** **Sediment and erosion control will be utilized during construction. Work will be completed under terms of US Army Corps of Engineers (ACOE) and NYSDEC permits (if required) to mitigate the potential environmental impacts.** - b. Will Proposed Action impact any non-protected existing or new body of water? **No impact has been identified.** 4. Will the Proposed Action impact surface or groundwater quality or quantity? **No negative impacts have been identified. Portions of the Village are located over an aquifer. The elimination of approximately 170 failing septic systems and seepage pits in the Village will have positive impacts on the community and the environment by reducing the likelihood of untreated wastewater entering the aquifer. The soils within the Village are generally coarse sands and gravels, which are not suitable to providing treatment to sanitary wastes since flows from the substandard septic systems travel through the soil too fast for the soil to provide any substantial pollutant removal. The results from groundwater sampling conducted by the Village indicate that the substandard and failing septic systems within the Village of Red Hook are impacting underlying groundwater resources. In addition to impacting groundwater within the Village's Wellhead Protection Area, the groundwater ultimately flows to surface waterbodies that are located with the Hudson River Estuary where wastewater could be impacting the surface water environment.** 5. Impacts on Flooding: - a. Will the Proposed Action result in the development on lands subject to flooding? - **No impact has been identified. There is a small area in the northern portion of the Village that is located in Zone AE and the Regulatory Floodway. Base Flood Elevations (BFE) in that area are 183 feet. It is not anticipated that flood prone areas will be impacted by the Project. The Village will work closely with FEMA and other applicable agencies to ensure that infrastructure is protected throughout the life of the project** ## **and all project aspects meet NYS Community Risk and Resiliency Act (CRRA) guidance where applicable.** - b. Will the Proposed Action alter drainage flow patterns, or surface water runoff? **No impact has been identified.** 6. Will the Proposed Action impact air quality? **No impact has been identified.** 7. Impacts on Plants and Animals: - a. Will Proposed Action impact any threatened or endangered species? **According to the US Fish and Wildlife (US FWS) IPaC resource list, the Project area includes potential habitat for the Indiana Bat (myotis sodalis) and the Northern Long-eared Bat (myotis septentrionalis). The EAF Mapper also flags the Project area as containing threatened and endangered species. Work will be completed under terms of NYSDEC permits (if required) to mitigate the potential environmental impacts.** **Evaluations of trees in the Project area, by a qualified professional, will occur prior to the commencement of construction, if required by NYSDEC and USFWS. No trees will be removed that have the potential to serve as habitat for such species. If trees need to be removed for construction, then they will only be removed during times designated by USFWS and NYSDEC.** - b. Will Proposed Action substantially impact non-threatened or non-endangered species? **The Village Board has identified a potential small impact to nonthreatened or non-endangered species. According to the US Fish and Wildlife IPaC resource list, the Project area includes potential habitat for Bald Eagles and Golden Eagles. Work will be completed under terms of NYSDEC permits (if required) to mitigate the potential environmental impacts.** **No blasting will occur as part of the Project construction. Evaluations of trees and other locations within in the Project area, by a qualified professional, will occur prior to the commencement of construction, if required by NYSDEC and USFWS. No trees will be removed that have the potential to serve as habitat for such species. No structures will be removed or disturbed that have the potential to serve as nesting sites. If trees need to be removed for construction, then they will only be removed during times designated by USFWS and NYSDEC.** **The Project area also contains habitat for many birds and mammals, but any disturbances to habitat will be temporary only during construction.** 8. Will the Proposed Action impact agricultural land resources? **No impact has been identified.** 9. Will the Proposed Action impact aesthetic resources? **No impact has been identified.** 10. Will the Proposed Action impact any site or structure, prehistoric or paleontological importance? **Small to moderate impact. The Project is within an archaeologically sensitive area and the Village contains many properties listed on the State and National Registers of Historic Place However, all of the Project area has been previously disturbed by residential and commercial construction. By letter dated August 29, 2024, SHPO determined that the Project would have No Effect on Historic and Cultural Resources.** 11. Will proposed Action impact the quantity or quality of existing or future open spaces or recreational opportunities? **No impact has been identified. Work will take place in areas that are currently developed.** 12. Will Proposed Action impact the exceptional or unique characteristics of a critical environmental area (CEA) established pursuant to subdivision 6 NYCRR 617.14(g)? - **No impact has been identified. No such areas have been designated in the Project area.** 13. Will there be an impact to existing transportation systems? **The Village Board has identified a potential small impact to transportation systems. Traffic may temporarily increase due to the presence of construction vehicles. Once construction is completed, traffic will return to normal levels.** 14. Will Proposed Action impact the community’s sources of fuel or energy supply? **No impact has been identified.** 15. Will there be objectionable odors, noise, or vibration as a result of the Proposed Action? - **The Village has identified a potential small impact regarding the creation of objectionable odors, noise or vibration. However, such impacts will be temporary. Heavy equipment will be used during construction which may periodically cause noise and vibration above those usually experienced in the area. The WWTP is located away from the Village Center, at least 340 feet from any dwelling units.** **All WWTPs have the ability to produce odors, although, odors are expected to decrease as a result of the proposed work.** 16. Will Proposed Action impact public health and safety? **No negative impacts have been identified. The Project will improve public health and safety by eliminating approximately 170 failing septic systems and seepage pits which pollute the surrounding environment.** 17. Is there, or is there likely to be, public controversy related to potential adverse environment impacts? - **No impact has been identified.** 18. Will Proposed Action impact the character of the existing community? **The Village has identified a potential small impact on the character of the existing community. The Village already has an established WWTP and municipal sewer system. The extension of the system to approximately 170 additional properties may allow for more intensive development of those properties, but only within the confines of the existing Zoning Law. Any changes to the Zoning Law in the future to permit additional growth will undergo additional SEQRA review. The Village of Red Hook is comprised of a large Potential Environmental Justice Area (PEJA). There are no Disadvantaged Communities (DAC) in the immediate vicinity. The proposed project will not have adverse impacts on any PEJAs or DACs. The elimination of substandard septic systems and seepage pits will have many environmental, health and safety benefits, especially to the low income and minority populations found in PEJAs.** - D. 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. - E. 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 impacted as a consequence of the action. ## **Based on this review, the Village of Red Hook Village Board has determined that no significant adverse environmental impacts would result from this Action.** ## **A Copy of this Notice Filed With:** 1. Village of Red Hook Board of Trustees (Lead Agency) 2. Mayor Karen Smythe 3. All other Involved Agencies 4. Any person who has requested a copy

Recurring pattern

These other chains use the same template but are separate decisions: