Town Of Philipstown Conservation Advisory Committee Town ...philipstown.com/cba21412.pdf · Town Of...

Town Of Philipstown Conservation Advisory Committee Town Hall 238 Main Street, Cold Spring NY

Tuesday February 142012 at 7:30 pm Meeting Announcement

AGENDA Revised 2-6-2011

1. Michael J. Rubbo, Ph.D. will present an introduction to A citizen science program on vernal pool identification.

2. E. Polhemus Proposed Contractors Yard Rt. 9 TM#16.12-1-7 Planning Board Referral.

3.Mary Ellen Finger 3 Horseman's Trail Proposed Subdivision. TM #16.12-1-5 Planning Board Referral.

4. View Save 44 Beverly Warren Rd. TM #49.-1-43,-54.1 &54.2 Planning Board Referral.

5. Nancy Olnick Spanu 245 Avery Lane Proposed Subdivision TM # 60. -1-10,60-1- 51.1, 60-1-51.2 & 49.-1-77 Planning Board Referral & I

Wetland application.

6. Garrison Station Plaza, Inc. 7 Garrison Landing TM #60.17-1-7 Renovate Bar, Restaurant, Apartments. Planning Board Referral & Wetland application

7.Anderson, Elizabeth TM# 71.-2-17 WL-11-205 16 Fox Hollow Lane Construction of garage

8.Garrison Golf Club TM# 60.-1-59.2 WL-11-209 2015 Route 9 Bridge Repair

9.Lanza, Louis TM# 71.-2-95.1 Install Wood Burning Stove in regulated area

Items may not take in order as listed

PLANNING BOARD TOWN OF PHILIPSTOWN PUTNAM COUNTY

In the matter of the application of

Polhemus - Soil Processing, Site Plan Horsemen's Trail, Philipstown, NY

RESPONSE TO REQUEST THAT TOWN OF PHILIPSTOWN PLANNING BOARD SERVE AS LEAD AGENCY

On behalf of the Town of Philipstown Conservation Advisory Board, I acknowledge receipt of the Lead Agency notice in this matter, which was mailed on

January 20, 2012

The above-named involved agency hereby

(Please check one)

[ ] CONSENTS that the Town of Philipstown Planning Board serve as Lead Agency in this application and requests that the undersigned continue to be notified on filings and hearings in this matter.

[] DOES NOT CONSENT to the Town of Philipstown Planning Board serving as Lead Agency in this application and wishes that the Town of Philipstown Conservation Advisory Board serve as Lead Agency. To contest Lead Agency designation, the undersigned intends to follow the procedures outlined in 6 NYCRR 617.6 (b)(5).

DATED:

SIGNATURE: _

Town of Philipstown Planning Board Town Hall

238 Main Street; PO Box 155 Cold Spring, New York 10516

Notice of Intent to Serve as Lead Agency under SEQRA; Lead Agency Must Be Designated within Thirty (30) Calendar Days

January 20, 2012

This Notice is issued pursuant to Part 617 of the Implementing Regulations pertaining to Article 8 (State Environmental Quality Review Act) of the NYS Environmental Conservation Law for the purpose of designating a Lead Agency for the coordinated environmental quality review of the below Proposed Action and soliciting comment, if any:

Project Name: Polhemus - Soil Processing, Site Plan

Location: Horsemen's Trail, Phlipstown, Putnam County

SEQRA Status: "Unlisted" Action

Project Description:

This represents a Site Plan application for a 6.605 acre parcel located along the east side of Horseman's Trail, at Skyline Drive (a private road). The site contains an existing structure. The applicant currently proposes a "Contractor's Yard" with the site to be utilized for soil processing operations. The soil was formerly utilized for soil mining purposes, although this activity ceased many years ago. Landscaped earthen berms are proposed along the frontage, with the site access relocated westerly, and stormwater treatment facilities planned in the northeast corner of the site.

Declaration of Intent to Serve as Lead Agency:

Please take notice that, under the applicable standards of 6 NYCRR 617.6 (b), the Town of Philipstown Planning Board has concluded that it should be designated as Lead Agency for the coordinated environmental quality review of the Proposed Action.

This Notice, accompanied by a copy of the Full EAF Part 1 and Site Plan prepared by Badey and Watson Surveying & Engineering, P.C., is being sent to you and all other identified involved agencies with a request for consent in writing to the Planning Board serving as Lead Agency. Should you not respond within thirty (30) calendar days from the date of this Notice it will be interpreted as your consent to the Planning Board serving as Lead Agency.

If you do authorize the Planning Board to serve as Lead Agency, you will be notified of any SEQR determination made. You will also be provided copies of all subsequent environmental documents.

Should you not agree with the Planning Board's designation as Lead Agency, you are advised to follow the procedures outlined in 6 NYCRR 617.6 (b)(5).

In addition to the above-stated consideration of Lead Agency desjgnation, the Planning Board requests any comments either involved or interested agencies may have regarding the Proposed Action. Receipt of these comments within thirty (30) calendar days of this Notice would also be appreciated.

Contact Person: Anthony Merante, Chairman Town of Philipstown Planning Board (845) 265-3329

Distribution with Attachments:

Involved Agencies: (with EAF & Site Plan)

Eric Lind, Chairman Philipstown Conservation Advisory Board PO Box 55 Cold Spring, NY 10516

BADEY & WATSON

3063 Route 9, Cold Spring, New York 10516

Fax: (845) 265-4428 www.badey-watson.com

Surveying & Engineering ~C . .~~._. 0\

(845) 265-9217 Glennon J. Watson, 1.S. (845) 225-3312 John P. Delano, P.E. (845) 831-0100 Peter Meisler, 1.S. (845) 562-0060 Stephen R Miller, L.S.

[email protected] (914) 628-1800 Jennifer w: Reap, 1.S. (914) 739-3577 (877) 3.141593 George A. Badey, 1.S., Senior Consultant

Mary Rice, RL.A., Consultant

November 3, 2011 Roben S. Mig/in. Jr.• L.S.

Anthony Merante, Chairman Philipstown Planning Board 238 Main Street Cold Spring, NY 10516

RE: Application of E. Polhemus Enterprise, LLC - Submission of Revised Plans

Dear Mr. Merante and Honorable Board Members:

The Planning Board has not seen the captioned matter for some time. This was due in significant part to the inability to find affordable and practical mitigations to some of the impacts associated with the proposed forest product (mulch) processing operation.

The applicant has decided to eliminate both the forest product processing operation and the proposed building from its plans. This leaves only the soil processing operation. We have redesigned the site plan accordingly. The plans show the current field conditions based on a recently completed topographic survey and they have been drawn according to the new zoning code.

Please place this matter on the agenda for the November 2011 meeting of the Planning Board, at which time we will be prepared to explain the revised plan, respond to questions y~u may have and receive any comments from the Board or its consultants. Thank you for your cpnsideration of and patience regarding this application. '

Enclosure (1, 3 Sheet Plan Set) GJW/bms Cc: Edgar B. Polhemus, 1I

File 90-130B\AM03NVIIBP_SubmitRevPlan.doc

. Owners ofthe records andfiles of , Joseph S. Agnoh ~ Barger.& Hustis. Surveyors. Bur~ess & Behr • Roy Burgess. Vincent A. Burruano • Hudson Valley Engi~eering Company, Inc.

G. RadchffHustls, Surveyor. Peter R Hums. Surveyor. James w: Irish, Jr.• J. Wilbur Irish. Douglas A. Merrirt ~ E.B. Moebus Reynolds & Chase. General Jacob Schofield. Sidney Schofield, CE.• Taconic Surveying & Engineering, P.C • b. Walcurt

617.20 Appendix A

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 not 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 enough to allow introduction of information to fit a project or action.

Full EAF Components: The full EAF is comprised of three parts:

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.

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.

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.

THIS AREA FOR LEAD AGENCY USE ONLY

DETERMINATION OF SIGNIFICANCE •• Type 1 and Unlisted Actions

Identify the Portions of EAF completed for this project: MPart 1 [j Part 2 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 reasonably determined by the lead agency that:

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.

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 have been required, therefore a CONDITIONED negative declaration will be prepared.·

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

Approval of_a_~~s~!Jdivis.ion!~r!\!~r El\eI1.Xin_~,"Name of Action

PhJlips!own Planlling Boar<l.___ . Name of Lead Agency

f\llt~~IlLl\-!erante Chairman 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)

Dale

---- - -- ---

---------

617 PART 1- PROJECT INFORMATION

Prepared by Project Sponsor

NOTICE: This document is designed to assist in determining whether the action proposed may have a significant effect on the environment. Please complete the entire form, Parts A through E. Answers to these questions will be considered as part of the application for approval and may be subject to further verification and public review. Provide any additional information you believe will be needed to complete Parts 2 and 3.

It is expected that completion of the full EAF will be dependent on information currently available and will not involve new studies, research or investigation. If information requiring such additional work is unavailable, so indicate and specify each instance.

NAME OF ACTION Approval of a 3 lot subdivision for Mary Ellen Finger

LOCATION OF ACTION (include Street Address, Municipality and County)

3 Horsemen's Trail, Town of Philipslown, Putnam County NAME OF APPLICANT/SPONSOR I BUSINESS TELEPHONE

M:arY~I!~n Finger I 845-265-2665 .. ------~

ADDRESS 3 1I0rsemen's Trail

CITY/PO STATE I ZIP CODE NY ,10516

NAME OF OWNER (if different) - 'BUSIN~~STELEPHONE1 ADDRESS

CITY/PO . ZIP CODE

DESCRIPTION OF ACTION Approval of a three (3) lot subdivision of 20.00 acres. Tbe 20.00 acres was the subject of a recent approval of a Slot subdivision of which Phase 1, a 3 lot

subdivision, has been filed. Approval will change the alignment of the 3 lots and substitute a shorter private road for the previously approved longer Town Specification Road. Approval will also facilitate the approval of a simultaneous application by Entergy Nuclear Indian Point 2, LLC for site plan approval to construct a 19,952 square foot building to house its Emergency Operations Facility on LotI of the proposed subdivision. LotI contains 6.768 acres and has

frontage and access along Horsemen's Trail, Town IIighway. The Emergency Operations Facility will NOT utilize the Private Road.

Please Complete Each Question· Indicate N. A. if not applicable

A. Site Description

Physical setting of overall project, both developed and undeveloped areas.

1. Present land use: i I Urban LJ Industrial : Commercial Residential (suburban) [ 1 Rural (non-farm)

! ,Forest ~ Agriculture , Other

2. Total acreage of project area: 20.000 acres.

APPROXIMATE ACREAGE PRESENTLY AFTER COMPLETION

Meadow or Bushland (Non-agricultural) o acres 2.7 acres

Forested 5.5 acres 5.5 acres -- - ------_. -- ------- - ---------

Agricultural (Includes orchards, cropland, pastures, etc.) 12.2 acres 4.5 acres - - 0__ - _

Wetland (Freshwater or tidal as per Articles 24, 25 or ECl o acres o acres --.~- -------- ------.

Water Surface Area o acres o acres

Unvegetated (Rock, earth or fill) 1.5 acres 1.5 acres

Roads, buildings an other paved surfaces 0.8 acres 3.7 acres

Other (Indicate type) ._La~ns, gardens'~':l~s_cape.<! arells __ o acres 2.1 acres "-------- - .---- -- ------ -------

TOTALS 20 acres 20 acres

3. What is predominant soil type(s) on project site? Riverhead Loam - -----" --- ._- -"

a. Soil drainage: iX Well Drained 8~. % of site ~ Moderately well drained 16 % of site i i Poorly Drained 0 % of site

b. If any agricultural land is involved, how many acres of soil are classified within soil group 1 through 4 of the NYS land Classification System? 6 acres. (See 1 NYCRR 3700.)

4. Are there bedrock outcroppings on project site? X Yes No a. What is the depth to bedrock? 0->7' (in feet)

5. Approximate percentage of proposed site with slopes: 'X 0-1 0% _.~_~ % 'X 10-15% 19 %

'X 15% or greater 30 %

6. Is project substantially contiguous to, or contain a building, site, or district, listed on the State or National Registers of Historic

Places? Yes ~ NoI

7. Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? . Yes ~ No

8. What is the depth of the water table? 0 - >7' (in feet)

9. Is site located over a primary, principal, or sale source aquifer? Yes X No

10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? L .1 Yes ~ No

11. Does project site contain any species of plant or animal life that is identified as threatened or endangered? iYes ~ No According to __. ._. Sitelnspection,Mor~_tofollow _

Identify each species ~/A __~. ..

12. Are there any unique or unusual land forms on the project site? (i.e., cliffs, dunes, other geological formations.) ; Yes X No Describe N/A

13. Is the project site presently used by the community or neighborhood as an open space or recreational area? Yes ~ No If yes, explain .__--.!\T/~ _

14. Does the present site include scenic views known to be important to the community? Yes ~ No

15. Streams within or contiguous to project area: . _ None

a. Name of Stream and name of River to which it is tributary N/A

16. Lakes, ponds, wetland areas within or contiguous to project area: a. Name None b. Size (in acres) N/A

17. Is the site served by existing public utilities? ~ Yes U No a) If Yes, does sufficient capacity exist to allow connection? X Yes : No b) If Yes, will improvements be necessary to allow connection? Yes ~ No

18. Is the site locateu in an agricultural district certified pursuant to Agriculture and Markets law, Article 25-M, Section 303 and 304? ~ Yes No

19. Is the site located in or substantially contiguous to a Critical Environmental Area designated pursuant to Article 8 of the Eel, and 6 NYCRR 61?? fJ Yes I~ No

20. Has the site ever been used for the disposal of solid or hazardous wastes? l i Yes ~ No

B. Project Description

1. Physical dimensions and scale of project (fill in dimensions as appropriate) a. Total contiguous acreage owned or controlled by project sponsor 20.00 acres

b. Project acreage to be developed: ~_ _ acres initially; 5.8 acres ultimately.

c. Project acreage to remain undeveloped _~--'!..____ acres.

d. Length of project, in miles: _ .._~/~ (if appropriate)

e. If the project is an expansion, indicate percent of expansion proposed? N/A %

I. Number of off-street parking spaces existing i... __ , proposed 18~ _

g. Maximum vehicular trips generated per hour 170 (upon completion of project)? h. If residential: Number and type of housing units:

One Family Two Family Multiple Family Condominium Initially 1 o o _._--- -

o Ultimately 1 o o o i. Dimensions (in feet) of largest proposed structure 23 height; 116 width; 172 length.

-----

j. Linear feet of frontage along a public thoroughfare project will occupy is? 691 ft.

2. How much natural material (i.e. rock, earth, etc.) will be removed from the site? o tons/cubic yards?

3. Will disturbed areas be reclaimed? ~ Yes I i No N/A

a. If yes, for what intended purpose is the site being reclaimed? Lawns, gard~ns~!!c!scaped areas b. Will topsoil be stockpiled for reclamation? IX! Yes I 1No

c. Will upper subsoil be stockpiled for reclamation? X Yes il No

4. How many acres of vegetation (trees, shrubs, ground covers) will be removed from site? 2.9 acres.

5. Will any mature forest (over 100 years old) or other locally-important vegetation be removed by this project?

'Yes ~No

6. If single phase project: Anticipated period of construction? 10 months, (including demolition).

7. If multi-phased:

a. Total number of phases anticipated? ~/~._ (number).

b. Anticipated date of commencement phase 1~/!-: month N/A year, (including demolition)

c. Approximate completion date of final phase __ ~/t\ month N/A year.

d. Is phase 1 functionally dependent on subsequent phases? I IYes " No

8. Will blasting occur during construction? 0 Yes ~ No

9. Number of jobs generated during construction? ]5 _ ,after project is complete 3

1 O. Number of jobs eliminated by this project? o 11. Will project require relocation of any projects or facilities?? ] Yes X No

If yes, explain N/A

12. Is surface liquid waste disposal involved? Cl Yes ~ No

a. If yes, indicate type of waste (sewage, industrial, etc.) and amount. N/A b. Name of water body into which effluent will be discharged. N/A

13. Is subsurface liquid waste disposal involved? ~ Yes il No Type: Sanitary effluent

14. Will surface area of an existing water body increase or decrease by proposal? Yes 'X No

Explain ___ N/A

15. Is project or any portion of project located in 100 year flood plain? I j Yes X No

16. Will the project generate solid waste? ~ Yes [] No

a. If yes, what is the amount per month O} Tons

b. If yes, will an existing solid waste facility be used? ~ Yes 11 No

c. If yes, give name __ S:0IlJ.me~l:..i~S:art~~__ ,location . Unknown

d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? 'X Yes [J No

e. If yes, explain __. . ..B~c~clab)e~villbe collected for that p~rpos! _

17. Will the project involve the disposal of solid waste? r i Yes ~ No

a. If yes, what is the anticipated rate of disposal? N/A _ tons/month.

b. If yes, what is the anticipated site life? N/A years.

18. Will project use herbicides or pesticides? LJYes ~ No

19. Will project routinely produce odors (more than one hour per day?) 'Yes ~No

20. Will project produce operating noise exceeding the local ambient noise levels? ! Yes ~ No

21. Will project result in an increase in energy use? ~ Yes i No

If yes, indicate type(s) _... __._ _ _ __ . __ Electricity, heating fuel __ . _

22. If water supply is from wells, indicate pumping capacity 5 gallons/minute.

23. Total anticipated water usage per day 1000 gallons/day.

24. Does project involve Local, State or Federal funding? , ; Yes X No

If yes, explain N/A

4

25. Approvals Required:

Type Submittal Date

City, Town, Village Board Yes ~No

City, Town, Village Planning Board XYes LJ No Subdivision, then Site Plan July 09, 2008 - -

~ .. --------~----

City, Town Zoning Board c~Yes ~No

City, County Health Department XYes DNo Subdivision TBD Other Local Agencies XYes DNo County Planning 239 Referral TBD Other Regional Agencies Yes ~No

State Agencies !Yes ~No TBD Federal Agencies IYes DNo

c. Zoning and Planning Information

1. Does proposed action involve a planning or zoning decision? !X Yes ! I No

If yes, indicate decision required:

,zoning amendment i zoning variance 0 special use permit I~ subdivision ~ site plan

new/revision of master plan ! ] resource management plan other

2. What is the zoning cfassification(2) of the site? DC - office commercial

3. What is the maximum potential development of the site if developed as permitted by the present zoning?

Perhaps}'!.O,OOO~quare feet of commerc}~1building

4. What is the proposed zoning of the site? N~~hange._Proposed

5. What is the maximum potential development of the site if developed as permitted by the proposed zoning?

Per~!ps 100,000 square feet_of I:0mrn~cla-'-building

6. Is the proposed action consistent with the recommended uses in adopted local land use plans? ,Xi Yes [J No

7. What are the predominant land use(s) and zoning c1ass!fications within a 1/4 % mile radius of proposed action?

______ Residential..£ll.'!!_I11~ciaJ an.dind_us~ri~1 -,

8. Is the proposed action compatible with adjoining/surrounding land uses within a 1/4 % mile? XYes iNo

9. If the proposed action is the subdivision of land, how many lots are proposed? 5 lots

a. What is the minimum lot size proposed? 8.4 Acres

1 O. Will proposed action require any authorization(s) for the formation of sewer or water districts? ~ Yes ~ No

11. Will the proposed action create a demand for any community provided services (recreation, education, police, fire protection?

X Yes No

12. Will the proposed action result in the generation of traffic significantly above present levels? ,Yes ~No

a. If yes, is the existing road network adequate to handle the additional traffic? X Yes No

D. Informational Details

Attach any additional information as may be needed to clarify your project. If there are or may be any adverse impacts associated

with your proposal, please discuss such impacts and measures which you propose to mitigate or avoid them.

E. Verification I certify that the information provided above is true to the best of my knowledge.

Signature Title Surveyor for Apjll!cant

If the action is n the Coastal Ar ,and you are a state agency. complete the Coastal Assessment Form before proceeding with this assessment.

( I

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'~~/§:NC~'~ GJ973"'\ 3063 Route 9, Cold Spring, New York 10516 (845) 265-9217 Glennon J. Watson, L.S. (845) 225-3312 John P. Delano, P.E.iT-----·· ~~_~~:;;_~:):::-/---_. Fax: (845) 265-4428 (845) 831-0100 Peter Meisler, L.S.

l/j:~::r~' J www.badey-warson.com (845) 562-0060 Stephen R Miller, L.S. [email protected] (914) 628-1800 Jennifer W Reap, L.S.

(914) 739-3577 (877) 3.141593 George A. Badey, L.S., Senior Consultant

Mary Rice, RL.A., Consultant Roben S. Miglin, Jr., L.S.February 2, 2012

Philipstown Planning Board 238 Main Street Cold Spring, NY 10516

RE: Application of Entergy - Submission of Additional Plans

Honorable Board Members:

Enclosed are 13 copies of Robert E. Lamb's drawing C-7 for Entergy entitled "Landscape Plan" last dated January 27,2012.

While there are other minor technical revisions to some of the other sheets, all of the substantive changes appear on this sheet. Accordingly, in an effort to avoid producing an excessive number of copies, wc have elected to submit only this sheet, with the understanding that we will submit full set of the final plans after all of the technical issues have been worked out with Mr. Gainer.

We look forward to your continued review of this project at the Planning Board meeting scheduled for February 16,2012.

Thank you for your continued attention to this project.

Yours truly, BADEY & WATSON, S . & Engineering, P. C.

Enclosurc (I) GJW/bl11S cc: Filc 91-1 04B\I'B02FB 12BP_SubmilsLandscapePlan.doc

Craig MacLatchie. wlo enclosure. by email only William Joslger, wlo enclosure, by cmail only

Owners ofthe records andflus of Joseph S. Agnoli • Barger & Hustis, Surveyors. Burgess & Behr • Roy Burgess. Vincent A. Burruano • Hudson Valley Engineering Company, Inc.

G. Radcliff Hustis, Surveyor. Peter R Hustis, Surveyor. James W Irish, Jr.• J. Wilbur Irish. Douglas A. Merritt. E.B. Moebus Reynolds & Chase. General Jacob Schofield. Sidney Schofield, CE.• Taconic Surveying & Engineering, P.C • D. Walcutt

PLANNING BOARD TOWN OF PHILIPSTOWN PUTNAM COUNTY

In the matter of the application of

Entergy Emergency Operations Center & Finger Amended 3-lot Subdivision Horsemen's Trail, Philipstown, NY

RESPONSE TO REQUEST THAT TOWN OF PHILIPSTOWN PLANNING BOARD SERVE AS LEAD AGENCY

On behalf of the Town of Philipstown Conservation Advisory Board, I acknowledge receipt of the Lead Agency notice in this matter, which was mailed on

January 16, 2012

The above-named involved agency hereby

(Please check one)

[ ] CONSENTS that the Town of Philipstown Planning Board serve as Lead Agency in this application and requests that the undersigned continue to be notified on filings and hearings in this matter.

[] DOES NOT CONSENT to the Town of Philipstown Planning Board serving as Lead Agency in this application and wishes that the Town of Philipstown Conservation AdVisory Board serve as Lead Agency. To contest Lead Agency designation, the undersigned intends to follow the procedures outlined in 6 NYCRR 617.6 (b)(5).

DATED:

SIGNATURE: _




December 15, 2011


Project Name: Entergy Emergency Operations Center, &Finger Amended 3-lot Subdivision

Location: Horsemen's Trail, Philipstown, Putnam County



The application concerns the development of a 20,000 sf Public Utility Facility Emergency Operations Center building on a 6.77 acre site. The improvements will include a total of 180 parking spaces. The parcel is zoned "Office/Commercialllndustry Mixed-Use (OC)", and lies along Horseman's Trail. Adjacent parcels to the south either contain, or are approved for, commercial uses. The property represents lot 1 of the Finger re-subdivision application currently before the Board. Therefore, both applications are being processed concurrently.

Finger originally obtained Subdivision approval for a 5-lot residential subdivision on the overall 20 acre tract.. This amended subdivision will amend the prior approval down to 3 lots, with lot 1 being the site of the Entergy Emergency Operations Center and lots 2 &3 being residential lots which encompass the balance of the property.



This Notice, accompanied by a copy of the Full EAF Part 1 and Site Plan drawings prepared by REL Architects & Engineers Inc. P.C., is being sent to you and all other identified involved agencies with a request for consent in writing to the Planning Board serving as Lead Agency. Should you not respond within thirty (30) calendar days from the date of this Notice it will be interpreted as your consent to the Planning Board serving as Lead Agency.



In addition to the above-stated consideration of Lead Agency designation, the Planning Board requests any comments either involved or interested agencies may have regarding the Proposed Action. Receipt of these comments within thirty (30) calendar days of this Notice would also be appreciated.




Sherlita Amler, MD, MS, FAAP Commissioner of Health Putnam County Department of Health 1 Geneva Road Brewster, New York 10509

Mr. Alexander Ciesluk, Regional Permit Administrator New York State Department of Environmental Conservation - Region 3 21 South Putt Corners Road New Paltz, NY 12561-1696

Interested Agencies:

NYS Historic Preservation Office Pebbles Island Resource Center PO Box 189 Waterford, NY 12188-0189

617.20 Appendix A


Purpose: The full EAF is desigled to help appIicanls and agencies determine, in an orderly manner, whethera project oractia1 may besignificant. The questia1 cA whether an action may be significant is not always easy to answer. Frequently, there are aspects cA a prqec:l: that are subjective or unmeasurable. It is also underslood that1hose who determine siglificanoe may have little or nofcrmal kncMtIedge cA the environment or may not be technically expert in environmental analysis. In addition, many who have kno.NIedge in ale particulararea may not be aware cA the broaderconcerns affecting the question cA siglificanoe.

ThefUI EAF is inIended to ~ a methcxf whereI:7y appIicanIs and agencies can beassured that the delelminalial process has been order1y, comprehensive in nature, yet flexible enoug, to a110N introduction cA information to fit a project or action.

Full EAF CorT'fxnmts: The full EAF is comprised cA three parts:

Provides objective data and information about a gven prqec:t and its site. By identifying basic project da1a, it assists a reviewer in the analysis that takes place in Parts 2 and 3.

Focuses on identifying the range cA possible impacts that may oocur from a prqect or action. It prcMdes guicJanc:e as to whether an impact is likely to be considered smaJlto moderate or whether it is a poIentiaIIy-lar impact. The form also idenIffieswhether an impact can be mitiga1ed or reduced.

Ifany impact in Part 2 is identified as potenliaIly-large, then Part 3 is used to evaluate whether or not the impact is actually ifllJOl1anl


DETERMINArlON OF SIGNIFICANCE •• Type 1 and Unlisted Actions

Identify the Portions of EAF completed for this project: I;z] Part 1 D Part 2 Upon review cAthe information recorded on this EAF (Parts 1 and 2 and 3 if appropriate), and any other supporting infonnation, and considering boIh the maglitude and importance cA ead1 impact, it is reasanabIy determined bythe lead agency that

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 negatIw declaration will be prepar8d.

Although the project could have a significant effect on the environment, there will not be a siglificant effect for this Unlisted Action because the mitigation measures described in PART3 have been required, therefore a CONDITIONED negative declaration will be prepared.·

The project may result in ooe or more large and important impacts that may have a sigWcant impact 00 the environment, therefore a positive declaration will be prepared.

*A Conditioned Negative Declaration is only valid for Unlisted Actions

Approval of Preliminary Subdivision Plat Showing Re-Subdivision of Property for Mary Ellen Finger Name cAAc:lia1

Phllipstown Planning Board

Anthony Merante Chairman PrintorType Name cA Responsible Officer in Lead ~ TrUe cA Responsible Officer

Siglature cA Respa lSbIe Officer in Lead ~ Signature cA Preparer (If different from respa ISibIe offlcer)

617 PART I· PROJECT INFORMATION


NOTlCE: lhisdocLment is designed to assist in delermining whetherthe action proposed may have a sig1ificant eIfect on the environment. Please complete the entire form, Parts A through E. Answers to these questions will be considered as part of the application for app~ and may be subject to further verification and public review. Provide any additional information}O.J believe will be needed to complete Parts 2 and 3.

It is expected that completion of the full EAF will be dependent on information currently available and will not involve new studies, researd1 or invesIigaIial. If informaIion requiring sud1 additional wak is unavailable, so indicale and specify each inslanoe.

NAME OF ACllON Approval of a 3 lot subdivision for Mary Ellen Finger

L(,J(,;A I ,_ ._ .~ IU'I (i'lc:lde SlngetAddress, M.I1qJaiyand Ca.nly)

3 Horsemen's Trail, Town ofPhillpstown, Putnam County NAMEOFAPAJCANT~PONSOR BJSII\ESS~

Mary Ellen Finger 845-265-2665 ADDRESS

3 Horsemen's Trail CrTYtPO STATE Z1PCODEI

Cold Spring NY 10516 NAMEOFOM\lEA (lcilfenlnl:) B..JSNESS~

Same as Applicant ADDRESS

CrTYtPO STATE I Z1POODE

DESCRIPTION OF ACTION Approval of a three (3) lot subdivision of 20.00 acres. The 20.00 acres was the subject of a recent approval of a 5 lot subdivision of which Phase 1, a 3 lot

subdivision, has been filed. Approval will change the alignment of the 3 iots and substitute a shorter private road for the previously approved longer Town Specification Road. Approval will also facilitate the approval of a simuitaneous application by Entergy Nuclear Indian Point 2, LLC for site plan approval to construct a 19,952 square foot bullding to house its Emergency Operations Facility on Lot 1 of the proposed subdivision. Lot 1 contains 6.768 acres and has

frontage and access along Horsemen's Trail, Town Highway. The Emergency Operations Facility wlll NOT utilize the Private Road.


A. Site Description


1. Present land use: D Urban D Industrial D Canmercia1 D Residential (SUburban) D Rural (non-farm) D Forest ~ Agricutture D Other

2. Total acreage of prqeet area: 20.000 acres. .AA=fOXM«\lE~ PRESENTLY AFTER COMPLETION

MeacbNor Bushland (Ncn-agria.JJturaJ) 0 aaes 2.7 acres Faested 5.5 acres 5.5 acres Agricultural (Includes orchards, crq:>fand, pastures, etc.) 12.2 acres 4.5 acres WelIand (FreshINater or tidal as per ArIicIes 24, 25 or ECL 0 acres 0 acres 'WatBr Surface Area 0 acres 0 acres Unvegetated (Rock, earth or filQ 1.5 acres 1.5 acres Roads, buildings an other paved surfaces 0.8 acres 3.7 acres Other (Indicate type) Lawns, gardens, landscaped areas 0 acres 2.1 acres

TOTALS 10 acres 10 acres

3. \M1aI: is predominant soil type(s) on prqeet site? Riverhead Loam

a Soil drainage: ~ Well Drained 84 % of sne ~ Moderately \Nell drained 16 %ofsite D Poorly Drained 0 % of sne

b. Ifanyagiculturalland is invdved, hoN manyaces ct sdl are dassified within sdl goop 11hra.g, 4 ct the NYS Land Classification System? 6 acres. (See 1 NYCRR 3700.)

4. Ne there bedrock outcroppings on prqeetsite? ~ Yes D N> a W'1aI: is the depth to badrod<'? 0->7' (in feet)

2

---

5. Approximate pen::entage of proposed site with slopes: ~ ~1()% 51 % ~ 10-15% 19 %

~ 15%orgreater 30 %

6. Is project substantially contiguous to, or contain a building, site, or district, listed orl the State or National Regsters d Historic

~? D Yes ~ I\b

7. Is projectStilstanIialIy oonIigJous to a site listed orl the Regster d National NabJrall...andrrlaM3? D Va; ~ r-.b

8. W1at is the depth dthe watertable? °->7' (in feet)

9. Is site Icx:ated 0Ifra primary, prindpal, orsde source aquifer'? D Yes ~ I\b

10. Do hunting, fishing or shaI fishing qJpOrtunities presently exist in the project area? D Yes ~ N>

11. Does project site oontain any species of plant or animal life that is identified as threatened or endangered? D Yes ~ N:> According to Site Inspection, More to follow Identify ead1 species NIA

12. Are there any unique or unusual land forms orl the project site? O.e., cliffs, dunes, other geoIo9cal formations.) D Yes 181 N:> Describe NIA

13. Is the projectsite presently used by the oommunity or neigIborhood as an q:>en space or recreaIia1aI area? D Yes ~ I\b If yes, explain N/A

14. Does the presentsite irdude scenicviews I<r1c:w1 to be ifTlXll1anttothe corrmunity?

D Yes 181 N::>

15. Streams \Whin or oonIi~ to prqect area: None

a Name d Stream and name of River to which it is tributary NIA

16. Lakes, pcrds, wetland areas within oroonIigJous to project area: a Name None b. Size (in acres) N_I_A _

17. Is the site served by existing public utilities? ~ Yes D I\b

a) If Yes, OOassuflidentcapacityexisttoailoNoonnection? ~ Yes D I'b b) If Yes, wiD i~ be necessaryto aIIoNcxn1ElClion? D Yes 181 I'b

1a Is the site located in an agriaJlturai district certified pursuant to Agiculture and Markets law, Article 25-AA, Sedion303and304? 181 Yes D I\b

19. Is the site located in or substantially contiguous to a Critical Environmental Area designated pursuant to Article 8 of the ECL, and 6 NYCRR 61?? D Yes ~ N:>

2>. Has thesite fNe( been used fa" the dispa)aJ of s:jd or hazartb.Jswasts3? D Yes ~ N:>

B. Project Description 1. Physical dimensia1s and scale d project (fill in dimensions as apprqJriate)

a Tdal <XJ'1Iig.Jous aaeage 0Mled oroootrolled by projectsponsor __2_0'_00__ acres b. Prqectacreage to be deveIqJed: 4.2 acres initially; ___5._8 acres ultimately.

c. Project acreage to remain urdeveIoped 7 acres. d. LengIh d project, in miles: NIA (if appropriate)

e. If the project is an expansion, indicate percent of expansion proposed? NIA %

f. Nurrberofdf-sreet paOOng spaces existing 4 ,proposed 186

g. Wlaxirnurn veIicuIar trips generated per tnJr 170 (upon completion of project)? h. If residenliaI: Nurrber and ~d housing units:

One Family Two Family Multiple Family Initially 1 o ° U~~ 1 ° ° °i. Dimensions (in feet) of largest proposed structure 23 116 width; 172 length.

3

j. Unear feet of frontage along a public thoroughfare project will occupy is? 691 ft.

2. I-IoN much natural ma1erial O.e. rock, earth, eIc.) \NiU be rerTlCM3d from the site? 0 tons/cubic yards?

3. VVlU dislurbed areas be redaimed? ~ Yes D I\b D !'VA

a If yes, for v.tlaI: intended purpose is the site being reclaimed? Lawns, gardens, landscaped areas b. VVlII tq:JsoiI be stod<piIed for recIamaIion? ~ Yes D I\b

c. VVlII4JP8I" Sl.bsoiI be sIockpiled for reclamation? ~ Yes D I\b

4. How many acres of vegetation (trees, shrubs, ground covers) will be removed from site? 2.9 acres.

5. Will any mature forest (over 100 years old) or other IocaJIy-important vegetation be removed by this project? Dyes ~ I\b

6. Ifsinge phase project: Anticipated period a oonslnJction? ___1_0___ months, (induding demolition).

7. If muJti.phased:

a Tolal nunberaphasesanticipaled? N/A (number).

b. Antiapated date of commencement phase 1 N/A rna1lh N_/A year, (induding demolition)

c. ApprOOna1e cx:rrpIetion date a1inal phase NIA rna1lh __N_I_A__ year.

d. Is phase 1fu1c:lialaJly deperdent 01 subsequentphases? D Yes D I\b

8. V\IIII blasting OCXlJr during consInJction? D Yes ~ I\b

9. Nuni:lera jOOs generated during oonslnJction? 15 , after project is complete 3

1 O. Number of jobs eliminated by this project? 0

11. Will project require relocation of any projects or facilities?? Dyes ~ I\b

If yes, explain N/A

12. Is surface liquid waste disposaJ invdved? D Yes ~ I\b

a If yes, indicatetweawaste (sewage, indusbial, eIc.) and amount N/A

b. Namea water body into which elIIuent \NiI1 be discharged. N/A

13. IsSlbsurface liquid wastedispcsal invdved? ~ Yes D I\b Type: Sanitary effluent

14. Will surface area of an existing water body increase or decrease by proposal? D Yes ~ I\b Explain N/A

15. Is project or any portion of project located in 100 year flood plain? D Yes ~ I\b

16. VVlU the projectgenerate sdid waste? ~ Yes D I\b

a Ifyes, what is the amount per month 0.9 T01S b. If yes, \Nill an existing sdid waste faality be used? ~ Yes D I\b

c. If yes, r;jve name Commercial Carter , location Unknown d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? ~ Yes D I\b e. If yes, explain Recyclables will be collected for that purpose

17. VVlUtheprojectirMllvethedisposaJasdidwaste? D Yes ~ I\b

a If yes, what is the anticipated rate a disposal? NIA tons/month. b. If yes, what is the anticipated site life? NIA years.

18. V\IIII projecl: use hertJicides orpesticides? D Yes ~ I\b

19. Will project routinely produce odors (more than one hour per day?) D Yes ~ I\b

20. Will project produce operating noise exceeding the local ambient noise levels? D Yes ~ I\b

21. V\IIII prqecl: result in an increase in energy use? ~ Yes D I\b

If yes, indicatetype(s) Electricity, heating fuel

22. IfwaterSLppIy is from wells, indicate pumping capacity 5 gallons/minute.

23. Tolal ~water usage per day 1000 gallons/day.

24. Does prqecl: involve Lcx::aJ, Slateor Federal funding? D Yes ~ I\b

If yes, explain N/A

4

25. Approva's Required: Submittal

Date

City, Town, Village Board DYes 181 No

City, Town, Village Planning Board I8IYes ONo Subdivision, then Site Plan November 02, 2011

City, Town Zoning Board DYes 181 No

City, County Health Department I&IYes ONo Subdivision TBD

Other Local Agencies I&IYes ONo County Planning 239 Referral TBD

Other Regional Agencies DYes 1&1 No

State Agencies DYes 181 No

Federal Agencies DYes ONo

C. Zoning and Planning Information 1. Does proposed action Involve a planning or zoning decision? 1&1 Yes DNo

If yes, Indicate decision required:

o zoning amendment 0 zoning variance D special use permit 1&1 subdivision ~ site plan

o new/revlslon of master plan 0 resource management plan 0 other

2. What Is the zoning classiflcatlon(2) of the site? OC - office commercial

3. What Is the maximum potential development of the site If developed as permitted by the present zoning?

Perhaps 100,000 square feet of commercial building

4. What Is the proposed zoning of the site? No Change Proposed

5. What Is the maximum potential development of the site If developed as permitted by the proposed zoning?

Perhaps 100,000 square feet of commercial building

6. Is the proposed action consistent with the recommended uses in adopted local land use plans? 1&1 Yes 0 No

7. What are the predominant land use(s) and zoning classifications within a 1/4 % mile radius of proposed action?

Residential, commercial

8. Is the proposed action compatible with adjoining'sunwnding land uses within a 1/4 % mile? 1&1 Yes Ol\b

9. If the proposed action is the subdivision of land, how many lots are proposed? 3 lots

a W1aI: is the minimum Id: size proposed? 4.8 acres

1 O. Will proposed action require any authorization(s) for the formation of sewer or water districts? 0 Yes ~ N:>


1&1 Yes ON:>

12. Will the proposed action result in the generation of traffic significantly above present levels? DYes

a If yes, is the existing road networkadequate10 handle the additionaI1rafIic? 1&1 Yes ON:>


A1:Iach any 00diIi0naI inforrnalia1 as rray be needed10 darifyyour prqect. If there are CX" rray beany 00verse irTlJads assodatsd



ApplicantlSponsor N::lm__ Dale November 02, 2011 .....-J.-=----t-~~..__.__,------''------------''<----------

Signature Title Surveyor for Applicant

If the action Is I the Coastal Are , nd you are a state agency, complete the Coastal Assessment Form before proceeding with this assessm nt.

5

Application Name Viewsave, LLC TOWN OF PHILIPSTOWN ------"-----

B&WFileNo 73-125SCHEDULE OF FEES PLANNING BOARD APPLICATIONS AND REFERRALS

Application for APPROVAL OF ACCESS

(Land not shown on Town, County of State Road)

Referral for APPROVAL OF OPEN DEVELOPMENT AREA PLAT

(Under Sections 112-56, 112-58, 112-59 & 112-60)

Application for SITE PLAN APPROVAL

(As per Article IX ofChapter 175)*

For Each PARKING SPACE

(New or Revised for the First 25 Parking Spaces)*

For Each PARKING SPACE

(New or Revised over 25 Parking Spaces)*

Application for SIGN On1y*

Application for LANDSCAPE REVISION On1y*

Application for LIGHTING REVISION On1y*

SOIL AND STONE REMOVAL

Application for SOIL AND STONE REMOVAL

(Under Article X of Chapter 175)

Per cubic Yard of Material to be Excavated or Removed

(as indicated on the plan under Section 175-44H)

INSPECTION FEE

(Under Section 175-48 per cubic yard of material Authorized to

be Excavated of Removed under the plan as approved)

SUBDIVISION APPROVAL

PRELIMINARY APPROVAL of Application and Minor Plats

PER LOT on existing street of right-of-way, or

PER LOT on a new street or right-or-way

FINAL APPROVAL of Application

ZONING BOARD OF APPEALS

Application for VARIANCE OF OTHER ACTION

(other than Article XI of Chapter 175)*

Application for SPECIAL USE PERMIT

(under Article XI of Chapter 175)*

PETITION TO AMEND ZONING LAW

PLANNED DEVELOPMENT APPLICATION

PLANNED DEVELOPMENT UNIT

Same as Application for Special Use Permit with Site Plan Submission

PLANNED DEVELOPMENT DISTRICT

PER LOT or DWELLING UNIT

PER NON-RESIDENTIAL PARKING SPACE

Philipstown Schedule of Fees Calculator (omniform)

$400.001L0t --

$0

$400.001L0t $0 --

$500.00 PLUS $0

$50.00/each PLUS $0

$20.00/each $0

$50.00

$100.00

$100.00

- $0 $0 $0

$500.00 PLUS $0

$0.1 O/cubic yard $0

$0.1 O/cubic yard $0

$500.00 PLUS

$250.001L0t OR PLUS

$400.001L0t

$500.00 PLUS $100.001L0t

1

2 $500 $500

$0 $0 $0

$200.00 $0

$500.00 $0

$500.00 $0

$2,500.00 PLUS

$200.00 each AND

$50.00 each

$0 $0 $0

TOTAL ___$1.0011 1

----

TOW N o F PHI LIP S TOW N

PUT N A M C 0 U N T Y, NEW Y 0 R K

APPLICATION FOR APPROVAL OF SUBDIVISION PLAT

The undersigned hereby make application to the Planning Board of the Town of Philipstown under Part-One Subdivision Regulations for one of the following (check one) :

for approval of a Preliminary Plat;

for approval of a Final Plat;

for approval of a Minor Subdivision as a Final Plat; or

for revision of a previously Filed Plat.

I. Identification of Applicant and Owner:

a. Applicant (name) Viewsave, LLC

For Office Use Only

1. Application # ~ \ 000 '" 0, 110

~ 1 1, ' e L7 e-) c) / (b (

2. Fee ------'--'-----

3 . Rec I d by )vf) :~/c4J.-f

4. Date -,-I-~--~--I-I _

Tel. 917-751-1240

address P.O. Box 353

Garrison, NY 10524

b. Owner of property if not same as Applicant:

Tel. 917-751-1240(name) Viewsave, LLC


Garrison, NY 10524

(name) Hudson Valley 2009 Trust Tel. 917-751-1240


Garrison, NY 10524

(name) Gerald E. Morris Tel. 212-832-3325

address 435 East 52nd Street Apt. 14B

New York, NY 10022

II. Attachments: Each of the following, when applicable, shall be attached to and are made a part of this Application (check the items attached):

~ A- 1 Affidavit of Ownership, executed by the individual, or by the general partner of a partnership, that is the owner of property if not same as the Applicanti OR

Page 1 of 2

A-2 Affidavit of ownership, executed by a corporation that is the owner of property if not same as the applicant.

Appendix B- 1 certification executed by the Applicant if the Applicant is a .partnership, corporation, association or business trust.

APpendix B-2 certification executed by the owner of property if the owner is a partnershIp, corporation, association or business trust .

Appendix C Disclosure Statement under Sec. 809 of the General Municipal law.

Appendix DIdentification of Property and proposal.

Appendix E Identification of plans and Documents.

EAF - Environmental Assessment Form

Application Checklist

Request for a Waiver of Subdivision Regulations

III. Authorization: The Applicant and OWner hereby grant to the Planning Board, the Town Board and SUperintendent of Highways, and their authorized agents, pennission to enter upon the property that is the subject of this Application for the purpose of inspection. and enforcement of the Subdivision Regulations, including the taking of tests and materials samples:

IV. Endorsements:

a. Applicant:

Dat e 1- ,2:/;;4"

~b. Owner: Views.ve, LLC

Date 1-3 ~ J¢2< Signed by: ~~ t ~~ \

AuthoriZed SIgnature

R~dtm~~·Signed by. \J " , '" "~:",, P$ter Johnson, Jr, E~q" Trustee '

Date 1-3-/a Signed n~ ~ \It1~~Jd E. Morris

Pllge 2' of 2

--------

----

Glennon J. Watso

A P PEN D I X A-l: AFFIDAVIT OF OWNERSHIP (Individual or Partnership)

State of New York ss.

County of Putnam

Roger E. Ailes , being duly sworn, deposes and

says that he resides at P.O. Box 353 Garrison, NY 10524 in the

County of Putnam , State of New York and that

he {a member of Viewsave, LLC is the owner in fee of

all that certain lot, piece or parcel of land situated lying and being in the

Town of Philipstown, New York, aforesaid and known and designated on the Tax Map

of the Town of Philipstown as Lot Number 43 Block 1 on Map 49

and that deponent (said partnership) acquired title to the said premises by deed

from Boscobel Restoration Inc. dated February 2, 2010 and

recorded in the Office of the Clerk of the County of Putnam on February 3, 2010

in Liber 1847 of Conveyance at Page 262 and that he (said part

nership) hereby consents to the annexed application of ---

Viewsave, LLC

for approval of the map (or project) entitled

Subdivision Plat Showing Merger & Lot Line Adjustment of the lands and that statements of fact contained of Viewsave, LLC, Hudson Valley 2009 Trust and Gerald E. Morris

in said application, including the statements contained in all of the exhibits

transmitted herewith, are true to the best of deponent's knowledge and belief.

Sworn to before me this Authorized Signature

5th day of January 20 12

1& ~ 1M ~~ _

~~ REBECCA W LINDA

NOTARY PUBLIC, Stdt! oi New York No. 5004353

Qualified I~ Dutchess County J ~ Commission Expires No~ember 16, ~().,

APPENDIX A-l

- --

- -

A P PEN D I X A-I: AFFIDAVIT OF OWNERSHIP (Individual or Partnership)

State of New York 55.

County of Putnam

Gerald E. Morris

says that he resides at 435 East 52nd Street Apt. 14B New York NY 10022 in the

County of New York , State of New York and that

he (a general partner or Individual ) is the owner in fee of

all that certain lot, piece or parcel of land situated, lying and being in the

Town of Philipstown, New York, aforesaid and known and designated on the Tax Map

of the Town of Philipstown as Lot Number 54.2 Block 1 on Map 49 _...:.....:~- ---=---- ---

and that deponent (said partnership) acquired title to the said premises by deed

from Joseph C. Chapman dated March 4, 1999 and

recorded in the Office of the Clerk of the County of Putnam on March 9, 1999

in Liber 1461 of Conveyance at Page 427 and that he (said part

nership) hereby consents to the annexed application of Viewsave, LLC

for approval of the map (or project) entitled

Subdlvl8lon Plat SbowlngMerger & Lot Line Adjultment of the lands and that statements of fact contained of Viewlave, LLC, Hudson Valley 2009 Trust and Gerald E. MorTis

in said application, including the statements contained in all of the exhibits

transmitted herewith, are true to the best of deponent's knowledge and belief.

(signedl ~Lo~ ( ~ Ge Id E. MorrisSworn to before me this

~I\ ~ 20 I"L.. --_-:::::==:::===

~.-::~~;,-;;;~;---~." .,,-'

,.".....-':~

Notary Public

- -GABRIELR MORALES

NcQry Public· 8tll1e of New York NO. 011108245811 APPENDIX A-I

Quelified in New York Countr My Commission Expires Aug '0 2015

~-

-----

----

A P PEN D I X A-2: AFFIDAVIT OF OWNERSHIP (Corporation)

State of New York) SS.

County of Putnam )

, being duly sworn, deposes and says

New York State of New York that he is

the Trustee of Hudson Valley 2009 Trust··-(Title-l------ ---TName-of CorporatIon-f ----

which is the owner in fee of all that certain lot, piece or parcel

of land situated, lying and being in the Town of Philipstown , New York, aforesaid

and known and designated on the Tax Map of the Town of Philipstown as Lot Number

54.1 Block 1 on Tax Map 49 and that said cor

poration acquired title to the said premises by deed from Roger &~lizabeth Aile~_

dated and recorded in the Office of the

Clerk of the County of Putnam on ________ :t.>.~~~i~n-,=g ._ in Liber

of Conveyances at Page and that consent is hereby given to

to make the annexed application for apBa~~I &_"':~tson P. ~. _

Subdivision Plat Showing Merger & Lot Lineproval of the map (or project) entitled __A.!!J~~s~rrt.e'.l~()f~~e_!~ndso!_Yiewsave, LLC,

Hudson Valley 2009 Trust and and that statements of fact contained in said appli-Gerald E. Morris

cation, including the statements contained in all of the exhibits transmitted

herewith, are true to the best of deponant's knowledge and belief.

Hrt)on Valley. 2009 Trust

(signed) r~-<;[~ Sworn to before me this

Peter Johnson, Jr. Esq. Trustee

__Lf_-_7;!~:f;f!tr~(_-. 20_J_2_

ANTHONY liTO NOTARY PUBLIC STATE OF NEW YORK

NO.01Zl6209072 QUALIFIED IN NEW VOFlK COUNTY~

COMMiSSION EXFIR~S ON JULY 13, 20~ APPENDIX A-2

A P PEN D I X B-1: CERTIFICATE CONCERNING OWNERSHIP OF APPLICANT

1. If owner or applicant is a general or limited partnership, attach this notarized certification listing names and addresses of all partners and participants. If a partner is a partnership, corporation, association or business trust, provide the information required by this section for such partner.

If owner or applicant is a corporation, association or business trust2. attach notarized this certification listing position, name and address of all officers, directors and all shareholders owning (whether beneficially or equitable) five (5%) percent or more of any class of such party's stock.

Certificate of Viewsave, LLC

position Name Address % Ownership

50 % Member Roger E. Ailes P.O. Box 353 Garrison, NY 10524

435 East 52nd Street Apt. 14B 50 % Member Gerald E. Morris New York NY 10022

%

%

%

%

%

%

%

%

The undersigned (corporate officer) hereby certifies that the information hereinabove set forth is true and correct.

Viewsave, LLC

e!.-~-' ---,."'l-----"---~---Sworn to before me this

5th day of January , 20 12 Glennon J. W on Authorized Signature-~-~--ot~r:= __---'R.u.EBECCA I liNDA

NOTARY PU8L IC Stole 0' Nf'w York No 50n~35<

QuallflE'tJ iO Dutchess COllntY APPENDIX B-1:?JI/1'CommissIOn Expires November 16, __.... __+-I~)UE..._""

A P PEN 0 I X B-2: CERTIFICATE CONCERNING OWNERSHIP OF OWNER

1. If owner or applicant is a general or limited partnership, attach this notarized certification listing names and addresses of all partners and participants. If a partner is a partnership, corporation, association or business trust, provide the information required by this section for such partner.

If owner or applicant is a corporation, association or business trust2. attach notarized this certification listing position, name and address of all officers, directors and all shareholders owning (whether beneficially or equitable) five (5%) percent or more of any class of such party's stock.

A P PEN 0 I X B-1: CERTIFICATE CONCERNING OWNERSHIP OF APPLICANT

Certi ficate of

position Name Address % Ownership

c/o Leahey & Johnson % Trustee Peter Johnson, Jr. Esq. 120 Wall Street, New York NY 10005 o

%

%

%

%

%

%

%

%

The undersigned (corporate officer) hereby certifies that the information hereinabove set forth is true and correct.

HP~';;~ Sworn to before me this

__!i day 0 fJPl1JJiJiJ}! 20 / 2- Peter Johnson, Jr. Esq., Trustee I

Signature and Title

. . ANTHONY ZITO Public NOTARY PUBLIC STATE OF NEW YORKtZf· f:!!~rY

NO.01ZI6209072 O! It,; IF!F.D iN N~W YORK COUNTY) S APPENDIX B-2

(;Ci,a i,;S':;:U:; EXPIRES ON ,IULY 13, 20L",2

A P PEN D I X C

TOW N o F PHI LIP S TOW N, NEW YORK

DISCLOSURE STATEMENT ACCOMPANYING APPLICATION OR PETITION

A. Identification of Application or Petition:

1. TO: Phi lips town Town Board

Philipstown Planning Board

Zoning Board of Appeals

zoning Administration Officer/Building Inspector

2. NAME OF APPLICANT: Viewsave, LLC

3. RES IDENCE : P.O. Box 353 Garrison, NY 10524

4. DATE: 1/5/2012

5. NATURE OF APPLICATION OR PETITION: Subdivision Approval for Merger & Lot Line

Adjustment for Viewsave, LLC, Hudson Valley 2009 Trust & Gerald Eo Morris

B. Nature and Extent of Interest of any State Officer or Municipal Officer or Employee in this Application (Set forth in detail).

None

c. Statement that no State Officer or Municipal Officer or Employee has an interest in this Application.

The undersigned Applicant or Petitioner certifies by signature on this Disclosure Statement that, with the exception of the information contained in Paragraph B, above in accordance with the provisions of Sec. 809 of the General Municipal Law, no State officer or any officer or employee of the Town of Philipstown or of any municipality of which the Town is a part has any interest in the person, partnership or association making the above application, petition or request.

Viewsave, LLC

Si:yed/~E. Ailes

Date 1/5/2012 Glennon J. Watson

Authorized Signature

(Note: See reverse for the provisions of Sec. 809) APPENDIX C-l

This informaton is provided especially for those who may be making appli cation without assistance of counsel, so that they will be fully advised as to the purpose and requirements of this statute.

SEC. 809. DISCLOSURE IN CERTAIN APPLICATIONS

1. Every application, petition or request submitted for a variance, amendment, change of zoning, approval of a plat, exemption from a plat or official map license or permit, pursuant to the provisions of any ordinance, local law, rule or regulation constituting the zoning and planning regulations of a municipality shall state the name, residence and the nature and extent of the interest of any state officer or any officer or employee of such municipality of which such municipality is a part, in the person, partnership or association making such application, petition or request (hereinafter called the applicant) to the extent known to such applicant.

2. For the purpose of this section an officer or employee shall be deemed to have an interest in the applicant when he, his spouse, or their brothers, sisters, parents, children, grandchildren, or the spouse of any of them

(a) is the applicant, or (bl is an officer, director, partner or employee of the applicant, or (c) legally or beneficially owns or controls stock of a corporate appli

cant or is a member of a partnership or association applicant, or (d) is a party to an agreement with such on applicant, express or implied,

whereby he may receive any payment, or other benefit, whether or not for services rendered, dependent or contingent upon the favorable approval of such application, petition or request.

3. Ownership of less than five per cent of the stock of a corporation whose stock is listed on the New York or American Stock Exchanges shall not constitute an interest for the purposes of this section.

4. A person who knowingly and intentionally violates this section shall be guilty of a misdemeanor.

APPENDIX C-2

APPENDIX D: IDENTIFICATION OF PROPERTY AND PROPOSAL

D-l. Property

a. Total acres 16.692

b. Does application cover all contiguous land of the owner? Yes If no, explain any excluded area N/A

c. Tax Map:

Tax Map:

Tax Map:

Sheet

Sheet

Sheet

49.

49.

49.

Block

Block

Block

1

1

1

Parcel(s)

Parcel(s}

Parcel(s}

54.1

54.2

43

(Hudson Valley 2009 Trust)

(Morris)

(Viewsave, LLC)

d. Last deed:

Last deed: Last deed:

Date

Date Date

12/30/2011

3/9/1999

2/3/2010

Liber

Liber Liber

Pending

1461

1847

Page

Page

Page

Pending

27

262

D-2. Location:

a. zoning District(s) RC (Rural Conservation)

b. Property abuts (street or roads) Property abuts Beverly Warren Road, U.S. Route 9d, Lane Gate Road

e. Does plat involve drainage lines connecting directly into any channel lines established by the County of Putnam? N/A

f. Does plat include any land within 500 feet of any abutting municipality, the boundary of any existing or proposed County or State park or recreation area, the right-of-way of any existing or proposed County or State highway, the existing or proposed right-of-way or stream channel owned by the County and for which channel lines have been established, or the boundary of County or State land on which a public building or institution is established? Yes

~--

If yes, specify Property is within 500 ft of U.S. Route 9d.

g. Give name and address of all property owners within 500 feet of the perimeter boundary of the proposed plat (as indicated in the current Town Tax Assessor I s records): SEE ATTACHED LIST

APPENDIX D-l

D-3. Proposal:

a. Number of Proposed Lots: 2 ,number already occupied by dwellings, if any: 2

b. Length of Proposed streets or private ways in Plat: N/A feet.

c. Does Applicant propose to dedicate to public use all of the streets shown on the

proposed plat? No ,if not, describe None shown

d, Approximate acreage of land proposed as open space for parks and playground:

Zero acres.

e. Does applicant propose to dedicate to public use all of the open space shown on the proposed plat? No ,if not, describe None shown

f. How is water supply to be provided? Individual Drilled Wells Has any application been made to the County of Putnam or State of New York for approval of proposed water supply? Yes , if yes, give date and describe Already existing

approved before 2000

g. How is sewage disposal to be provided? Individual SSTS Has any application been made to the County of Putnam or State of New York for sewage discharge or approval of a sewage disposal system? Ye~, if yes, give date and describe Already existing, approved before 2000

h. Does proposed plat include any wetlands and/or water courses as defined by the State of New York or an applicable Local Law? _~, if yes, describe N/A

D-4. Procedures:

a. Does applicant (in the case of preliminary plats) propose to submit a final subdivision plat to cover entire preliminary plat or to file same in sections?

entire;

in sections.

b. Does applicant intend to request any special authorization for the plat under any of the following? No If yes, specify,

D Sec 281 of Town Law (cluster)

~ Waiver of Subdivision Regulation (Sec. 5)

[] Alternate road standards

APPENDIX D-2

D-5. Encumbrances: If property is subject to any of the following encumbrances, describe or attach copies:

a. easements None

b. deed restrictions on use and development None

None

None

None

None

D-6. Minor Plat: If request is made for acceptance of an application for final, approval of minor subdivision plat, complete the following:

a. Does plat incorporate all of the tract from which lots are proposed to be divided? 1{es

b. Does the plat map show all natural water courses, ponds, swamps, flood plains or other land subject to potential flooding within the plat and any other land subject to potential flooding within the plat and any drainage onto the plat from any existing

State Highway, County Road or Town Street? No

APPENDIX D-3

A P PEN D I X E: IDENTIFICATION OF PLANS AND DOCUMENTS

£-1. Surveyor and Designer(s) Responsible for Plans:

a. Surveyor (name) BADEY & WATSON, Surveying & Engineering, P.C.

3063 Route 9 Address --------------------

Cold Spring, NY 10516 (845) 265-9217 x14 Tel.

N. Y. License No. 48167 (Glennon J. Watson, L.S.)

b. Engineer (name) BADEY & WATSON, Surveying & Engineering, P.C.

Address 3063 Route 9

Cold Spring, NY 10516 Tel. (845) 265-9217 x12

N. Y. License No. 62505 (John P. Delano, P.E.)

c. Other (name)

Address

Tel.

N. Y. License, if any

E- 2. Maps and Plans:

a. Title and Date of Proposed Plat Map: Subdivision Plat Showing Merger & Lot Line Adjustment of the lands of Viewsave, LLC, Hudson Valley 2009 Trust, and Gerald E. Morris dated, January 5, 2012

No. of Sheets: 1 ::--- ---=---------;c-,--,

b. Title and Date of Proposed Profiles and Construction Plans:

No. of Sheets:

c. Title, Date and Preparer of other maps and plans:

E-3. Other: Give titles, dates and preparer of reports and documents accompanying application: (such as results of soils test and reports on drainage, sewage disposal and water supply):

£-4. Attorney (if any):

a. (name) ---_.----

Address

Tel.

APPENDIX E

Applicant Viewsave, LLC

Project Name Viewsave, LLC Applicant's Representative Badey & Watson P. C.

Tax Map ID # 49.-1-43,54.154.2 Date 1/5/2012

PHILIPSTOWN PLANNING BOARD SUBMISSION CHECKLIST

SUBDIVISION APPLICATIONS

For all subdivision applications, the following requirements are applicable before application review.

A. Land may not be subdivided if the application will result in the following except with Planning Board Approval)

~ All subdivisions require approval

2 or more lots located in a Business or Industrial zone

~ 2 or more lots (of 10 acres or less ) which have frontage on a state highway or county road located in a Res. Zone

3 or more lots each of which contains 10 acres or less

~ The creation of a street, highway or r.o.w for vehicles

B. Land may not be divided so as to create rights-of-way for power, gas or telephone lines

C. Approved subdivision plats may not be revised

D. Subdivision plat requiring approval may not be used in connection with the conveyance of real property in the Town, or filed with the County Clerk's office until approved.

Preliminary Sketch Plans

1. Location of the plat in the neighborhood '----'

2. Layout of lots, streets and existing contours at 10' intervals e-J

3. Location of watercourses

4. Location of water bodies u 5. Location of wetlands L.J

6. Location of major natural features L

CHECKLIST 1

Minor Subdivision P~at App~ications

T}~ically, a plat of lots to which access is given by open development area private right-of-way or easements eligible for consideration as a minor plat.

I. General Submission Requirements

1. Application on proper forms

2. Forms property signed

3. Application Fee

4. Final Plat Map (5 blue or black-line prints)

a. Scale of 1" = 40' or 50' but not less than 1" = 100' []

b. No less than 20" x 20" no []more than 36" x 48"

c. Black waterproof ink on good cloth or film []

5. Construction Plans (see Checklist VI) 6. Evidence that:

a. sewer & water supply approved by PCDH 1:81 b. street or drainage connections to state

or county roads submitted n .. Connection application made [J

c. NYSDEC wetland/watercourse modifications approved []

7. If major cuts or fills, grading plan []

a. Five (5) blue or black line prints []

8. Design computations and data for drainage or central water and sanitary sewer systems []

9. Separate map for lots accessed by open development right-of-way or easement []

Ticle and location information:

1, Scale of not less than 1 " = 100 feet

2. Proposed layout of lots, streets and improvements

3. Future subdivisions on contiguous land

4. Title of the plat

a. Duplicate in Putnam Co.

5. Date, Town, etc.

a. Date 1:81 d. County 1:81 b. Town 1:81 e. North point 1:81 c. Scale 1:81 f. State 1:81

6. Location map at scale of 1" 1000 or 2000 feet

7. Vicinity map showing: property lines/streets within 500'

a. scale of 1 " = 400' or 800'

b. adjacent owner identification

8. Index map if plat is divided into sections or > 1 is reg.

a. showing lots, lot #'s, streets, street names 1:81

b. delineation of areas covered []

c. scale of l' = 400' or 800' []

III. Site conditions and land evaluations:

1. Existing contours not exceeding 5-foot intervals :g a. Meeting DOT standards for maps of 1 ' = 200'

2. Appropriate benchmark

3. Existing permanent buildings and structures ~

4. Existing watercourses, water bodies and streams

5. Location and limits of wetlands

6. Location and limits of potential flood hazard areas

7. Location of drainage discharge points from any street or property

IV. Property Ownership Information

1. Name and address of owner

2. Name and address of applicant if different from owner

3. Perimeter boundary of tract and area to be plotted

4. Approx. location of prop. lines 200 feet from tract

5. Both street r-o-w lines of any street abutting tract

6. Names of owners of property abutting tract

7. Proposed lots and lot numbers and area of each lot

8. Proposed street and/or r-o-w including widths

9. Location & dimensions of existing & proposed easements

10. Existing monuments

11. Any municipal or taxation district boundary

12. Any channel and building lines

13. Reserved areas for watercourses or wetland conservation

V. Development Proposal Information:

1. For each lot near watercourses, bodies, wetlands, flood hazard area, proposed floor elevation of lowest floor.

CHECKLIST 2

Roger Ailes 44 Beverly Warren Road

P.O. Box 353 Garrison, NY 10524

Mr. Glenn Watson Badey & Watson Route 9 Cold Spring, NY 10516

Dear Mr. Watson,

I request that you sign the application to the Philipstown Planning Board on my behalf in order to begin the process of subdividing the ten acre parcel of land currently held by Viewsave LLC. Viewsave, LLC is jointly owned by n1yself and Mr. Gerald Morris.

If you have any questions or need further information, please contact me at 845-265-4590. I am enclosing the $5,000 escrow fee, as well as a separate check to cover the application fee. Also enclosed is a check in the amount of $1 ,500 which is your retainer fee.

Sincerel:,' /

// I c:::p.--tjf-1-vt Roger Ailes

Cc: Gerald Morris

The applicant seeks a waiver of the requirement to provide topography on the subdivision map.

The three (3) existing parcels will become two (2) parcels. Each of the resulting two (2) parcels are fully developed with residential structures, wells and septic systems, etc. Because the improvements exist, approval of the subdivision (merger) does not require any technical decisions. Having topography on the map does not provide any fundamental information that is needed to make the decision whether to approve the application, making the expense of providing it unnecessary.

49.-3-27 VIEWSAVE LLC PO Box 353 Garrison, NY 10524

49.-1-35 FERGUSON, RICHARD 26 Belle Ln Garrison, NY 10524

49.-3-23 SISKIND, RICHARD 870 Lake Dr Boca Raton, FL 33432

49.-1-48 RANKIN, ARTHUR 26-30 Beverly Warren Rd Garrison, NY 10524

49.-1-44.2 ULYSSES REAL ESTATELLC POBox 353 Garrison, NY 10524

49.-1-40 DOWNEY, LINDA WRIGHT 16 Durisol Rd Garrison, NY 10524

49.-1-41 HAVEN, ELLEN 10 Durisol Rd Garrison, NY 10524

49.-1-3 CENTRAL HUDS. GAS & ELEC. 284 South Ave Poughkeepsie, NY 12601

49.-3-26 GAUDIO, JULIUS 59 Mooreland Rd Greenwich, CT 06831

49.-1-34 DESAI, SHASHIKANT 0 22 Belle Ln Garrison, NY 10524

49.-3-22 JOTER INDUSTRIES LTD Attn.: Joey Ballin 5 Macri Avenue West Harrison, NY 10604

49.-1-47 & 56 AILES, ROGER E PO Box 353 Garrison, NY 10524

49.-1- 20, 36.1 & 2 BOSCOBEL RESTORATION INC. 1601 Route 9D Garrison, NY 10524

49.-1-4 COSGROVE, ALYN J 30 Indian Brook Rd Garrison, NY 10524

49.-1-39 COTTIERS, RALPH 1544 Rt 9D Garrison, NY 10524

49.-3-20.1 GREENFIELD, BARRY L 200 Park Ave S Fl8 New York, NY 10003

49.-3-25 FEDERGREEN, RANDY 11 Shad Roe Cold Spring, NY 10516

49.-3-24 DUFFY, DAVID L PO Box 294 Cold Spring, NY 10516

49.-3-37.1 & 2 CITY OF NEW YORK DEP Attn.: Bureau of Water Supply 465 Columbus Avenue Valhalla, NY 10595-1336

49.-1-38 MENNILLO, THOMAS 15 Durisol Rd Garrison, NY 10524

49.-3-47 LOIS, JACQUELINE T 201 MoogRd Garrison, NY 10524

49.-1-44.2 ULYSSES REAL ESTATE LLC PO Box 353 Garrison, NY 10524

49.-1-42 HEITMANN, KURT G 2 Durisol Rd Garrison, NY 10524

49.-1-44.1 HERCULES REAL ESTATE LLC PO Box 353 Garrison, NY 10524

If'IOECflD,..,..., 617.2> APP8'JDlXC

STATE ENVIRONMENTAL QUAUlY REVIEW

SEQR

SHORTEN~RONMENTALASSESSMENTFORM

PART 1- PROJECT INFORMATION (TobelXrl1p1eted~ApplicantorP~edSpa1sor)

for UNUSTED ACTIONS Only

1. APPUCANTISPONSOR 2. PFOJECrNAVE Subdivision Plat showing Merger & Lot Line Adjustment for

Viewsave, LLC Viewsave, LLC, Hudson VaDey 2009 Trust & Gerald E. Morris

3. ProJECrI..OCATOl:

MLflicipallly Town of Philipstown Qlully Putnam 4. PRECISE LOCAllON: Street Address and Road Intersections, Prominent landmarks etc. or provide map

Beverly Warren Road, Garrison NY

5. IS~AC1lO'J [8Jf\9N D Expareion D McxliflCation / alteration

6. DESCRIBE PfnJECrBRIER..V:

Approval of subdivision to merge 3 lots into 2 by dividing 1 lot in half and merging each half into a different adjoining improved lot.

7. AMOUNTOFLANDAFFECTED:

Initially 16.692 acres Ultimately 16.692 acres

8. WI.l. PR:lf'OE)PC'TOI/ ca.1PL.YIMTH EXISTlNGZOIJINGOROTHER RESTRICTla'JS? DVes [8J1'b If no, describe briefly:

Existing lots are non-conforming. Split and merger will significantly reduce but not eliminate non-conformity of each surviving lot.

9. \M-IAT IS PRESENT LAND USE IN VICINITY OF PfnJECT? (O"role as many as ~.)

~ Residential 0 Industrial 0 CanmeIdaI 0 Agb.il1Ie o Park/ Forest/ Open Spaoo ~ Other (describe)

Rural Conservation

10. DOES ACllON INVOLVE APERMIT APPROVAL., OR FUNDING, NOWOR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCV (Federal, Slate or L.ocaI)

D Ves IZl No Ifyes, 1St agcro; rame ard pamiVaR:Jroval:

11. DOES ANY ASPECTOFlHE ACTION HAVE ACURRENTLVVAUD PERMIT OR APPROVAL?o Ves ~ No lfyes,lislagencynameand permit/approval:

12. ASAPESU..TOFPfUQ3EDPC'TOI/ Wll. EXISTlNG PERMIT/APPf()\fALREQlJRE ~F('ATOl?

Dves [8J1'b ICERTIFY THAT lHE INFORMAllON PROVIDEDIVD/E IS1RUETOlHE BESTOF M'( KNOWLEDGE

Dale:AppIicant/~~Viewsav~., ~_ January 05, 2012

Si;J1atue ~- -7F- ..-~ - -- Surveyor for Applicant

I V If the action is a Coastal Area, and you are a state agency,

complete the Coastal Assessment Form before proceeding with this assessment




January 16, 2012


Project Name: Spanu - 3 lot Subdivision

Location: Avery Road, Garrison, Putnam County



This development proposal involves a 47.869+/- acre parcel, entailing 4 separate lots at present, lying along the westerly side of Avery Road, and abutting Indian Brook Road and Dicks Castle Road. The tract is situated in a Residence RR Zoning District. Numerous structures exist on the tract, with a new residential dwelling proposed under this application. The application materials indicate that a previously approved "Open Area Development" road will provide access to the 3 lots to be created under this application. Any available information to document this approval should be provided for the Board's records.

Three (3) separate applications have been filed on the matter. These include:

• a "Subdivision" application for the lot re-configuration of 2 lot lines. The proposal will create 3 lots on the overall tract, ranging in size from 5 acres up to 26 acres. The lots, themselves, appear to meet zoning minimum lot bulk requirements. As part of this application, a waiver is being requested from the requirement to create a cul-de-sac specified pursuant to §112-64E. The application seeks this relief to avoid unnecessary construction and removal of tree and other existing vegetation, given the layout of existing driveways on the tract which current provide access and which will allow reasonable access by emergency vehicles.

• a "Site Plan Application" for the proposed construction of a large single family residence (> 16,000 sf).

• A "Wetlands" application, due to the presence of a regulated wetlands on Parcel III. Regulated activities planned by the application include construction of a residential driveway and installation of drainage improvements.



This Notice, accompanied by a copy of the Full EAF Part 1 and a "Preliminary Subdivision Plat/Lot Line Adjustment of lands of Nancy Olnick Spanu" (2 sheets), dated November 2, 2011 prepared by Badey and Watson Surveying & Engineering, P.C., is being sent to you and all other identified involved agencies with a request for consent in writing to the Planning Board serving as Lead Agency. Should you not respond within thirty (30) calendar days from the date of this Notice it will be interpreted as your consent to the Planning Board serving as Lead Agency.



In addition to the above-stated consideration of Lead Agency designation, the Planning Board requests any comments either involved or interested agencies may have regarding the Proposed Action. Receipt of these comments within thirty (30) calendar days of this Notice would also be appreciated.




Sheriita Amler, MD, MS, FAAP Commissioner of Health Putnam County Department of Health 1 Geneva Road Brewster, New York 10509

Ms. Margaret Duke, Regional Permit Administrator New York State Department of Environmental Conservation - Region 3 21 South Putt Corners Road New Paltz, NY 12561-1696

Eric Lind, Chairman Philipstown Conservation Advisoriy Board PO Box 55 Cold Spring, NY 10516

617.20 Appendix A


Purpose:The full EAF is desig1ElCl to help applicants and agencies determine, in an orderly manner, whether a project or actioo may be significant. The question of whether an actioo may be significant is not always easy to answer. Frequently, there are aspects of a project that are subjective or unmeasurable. It is also undeISIood that tha;e who determine siglilicance may have little or no forrnaI kncMIIedge of the environment or may not be technically expert in environmental analysis. In addition, many who have kncMIIedge in one particulararea may not beaware of the broaderc:oncems affec:ling the question of siglificance.

Thefull EAFis intended 10 provide a rneIhc:xj \Nhereby applicants and agencies can be assured that the determination process has been orderly, oomprehensive in nature, yet flexible enough to allow introduction of information to fit a project or action.


Provides objective data and information about a gven project and its site. By identifying basic project data, it assisls a reviewer in the analysis that 1akes place in Parts 2 and 3.

Focuses on identifying the range of JXlSSible impacts that may ocx::ur from a project or actioo. 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 reducec:l.

If any irl1)act in Part 2 is identified as potentiaIly-large, then Part 3 is used to evaluate whether or not the irl1)act is actually important



Identify the Portions of EAF completed for this project: ~ Part 1 D Part 2 Upon review of the information recorded on this EAF (Parts 1 and 2 and 3 if apprqJriate), and any other supporting information, and considering both the magnitude and importance of each impact, it is rea.sonabIy determined by the lead agency that

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.

Although the project CXlUld 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 have been required, therefore a CONDITIONED negative declaration will be prepared.·

The project may result in one or more large and important impacts that may have a significant impacton the environment, therefore a positive declaration will be prepared.

*A Conditioned Negative Declaration is only valid for Unlisted Actions

Approval of Subdivision Plat Showing Lot Line Adjustments ofLands of Nancy OInick SpanuName ofAdial "------

__P_hili_''pstown Planning Board _ Named L.eOO Ag:roj

Anthony Merante Chairman Print orType Name of Responsible Officer in Lead /!tqercy Trtle of Responsible Officer

Siglature of Responsble Officer in Lead /!tqercy Signature of Preparer (If different from responsible officer)

617 PART I - PROJECT INFORMATION


NonCE !hisdocument is designed to assist in determining whethertre action proposed may have a significant effect: on tre environment. Please complete the entire form, Parts A through E. Answers to these questions will be considered as part of the application for approval and may be subject to further verification and public review. Provide any additional information you believe will be needed to complete Parts 2 and 3.

It is expected that completion of the full EAF will be dependent on information currently available and will not involve new studies, resean::h or investigation. If inforrnatioo requiring such additia1aJ 'NOI'k is unavailable, so indicate and specify each inslanoe.

NAlvECF~proval of Subdivision Plat Showing Lot Line Adjustments of Lands of Nancy Olnick Spanu. Approval of a Residential Site Plan for Nancy Olnick Spanu on one of the approved lots.

LocAllON c..Jf' ACllON (ndl.de StJeetAO::Jress. M.nqJaItyand Ccx..nty)

245 Avery Road, Garrison. West side of Avery Road approximately 1.33 miles north of Philipse Brook RoadNAME OF APPLICANTISPONSOR ADDRESS

Nancy Olnick Spanu I ~517-5252

CrTYlPO 235 E. 87th Street Suite lL New York NY 10128

STAlE .ZIPCODE ,

New York New York 10128 I, NAME OF CJv'IA\IER--c(tc-dfti--:Clet-a-nt--c)~-----------------------------=I3l.JSI\ES'S=-:-::=-::==TB....EA-ICl\E=-=~~c---I Same as aboveL

ADDRESSI

CrTYlPO=-=~:==~==:::============================================1:sr.:A:JE:=======-'1=Z=IP:-:;COc-:;;;:-::D=E~II DESCRIPTION OF ACTION I

Construction of a single residential family residence


A. Site Description


1. Present land use: 0 Urban '---' Industrial D Commercial ::gj Residential (subUrban) LJ Rural (non-farm) -- F _.... LJ Agricu~ure L Other _~ 0'''''''1

2. Total acreage of project area: 47.869 acres. APPFOXlt\MlE~ PRESENTLY AFTER COMPLETlON rv1eacbN or Bushland (Non-agria.Jtb.Jral) 1 acres 0.5 acres Faested 38.008 acres 36.465 acres Agricultural (Indudes orchards, crq:>1and, pastures, etc.) 0 acres o acres wetland (Freshwater or tidal as per Articles 24, 25 or Eel 2.552 acres 2.552 acres Water Surface Area 0.411 acres 0.411 acres Unvegetated (Rock, earth or fill) 0.75 acres 0.75 acres Roads, buildings an other paved surfaces 2.884 acres 3.645 acres Other (Indicate type) Lawns & Gardens 2.264 acres 3.546 acres

TOTALS 47.869 acres 47.869 acres

3. What is predominant soil type(s) on project site? Charlton Loam a. Soil drainage: X Well Drained 92 % of s~e [g Moderately well drained 4__ %ofs~e

& Poorly Drained 4 % of s~e

b. Ifany agricUturalland is involved, hoN many aces cI soil are cIassilied within soil group 1 throt.J!tl4 cI the NYS Land Classification System? N.A. acres. (See 1 NYCRR 3700.)

4. Are there bedrock outcroppings on project site? ~ Yes ~ N:> a. W1at is the depth to bedrock? 0->7 feet (in feet)

2

------------------

--------

-----

5. Approximate percentage of proposed site with slopes: ~ G-1Cf/o 25 % ~ 1(}15% 17 %

~ 15%or geater 58 %

6. Is prqec:t substantially contiguous to, or contain a building, site, or district, listed <Xl the State or National Registers d Historic

Places? 0 Yes ~ I\b

7. Is prqectsubstantially contig.Jous to a site listed <Xl the Regster of NaIionaI Natural Landmarks? 0 Yes ~ N::>

8. \Mlatisthedeplhofthewatertable? 0->7 feet (in feet)

9. Is site Icx:ated CNer a primary, principal, orsole soorce aquifer? 0 Yes ~ f\b

10. Do hunting, fishing or shell fishing q::portunities presently exist in the prqec:t area? LJ Yes ~ I'b

11. Does project site contain any species of plant or animal life that is identified as threatened or endangered? o Yes :& I'b According to Site visit-more to follow

Identify eadl species N_I_A _

12. Are there any unique or unusual lard forms <Xl the prqec:tsite? (Le., diffs, dunes, dher geoIogcaI formations.) X Yes L I'b Describe Developed ridgeline above Hudson River is not affected by subdivision or site plan

13. Is the prqro site presently used by the cx:mmunity or neiglborhood as an c.pen space or recreational area? o Yes ~ I\b If yes, explain NIA

14. Does the present site irdL.de scenic views knc:Min to be important to the oomnunity? - Yes ~ I'b

15. Streams within or contig.Jous to prqec:t area: Indian brook runs through northerly end of property, but is not affected by subdivision or site plan.

a Name of Stream and name of River to which it is tributary Hudson River

16. Lakes, ponds, wetland areas within or contig.Jous to prqec:t area: aName None b. Size (in acres) n.a.

17. Is the site served by existing public utilities? ~ Yes 0 f\b

a) If Yes, does sufficient capacityexist to allaN oonnecliorl? ~ Yes 0 N>

b) If Yes, will irrpuvements be necessary toallaN oonnectia1? =Yes ~ N>

18. Is the site Icx:ated in an agricultural district certified pursuant to Agriculture and tIIlarkels law, Ar1icfe 2frAA,

Section 303 and 304? e--l Yes :& I\b

19. Is the site located in or substantially contiguous to a Critical Environmental Area designated pursuant to Article 8 of the ECl, and 6 NYCRR 61n 0 Yes X N:>

20. Has the site fINer been used for the <:lispooaI of solid or hazardous \N8Stes? 0 Yes X N>

B. Project Description

1. Physical dimensions and scale of prqec:t (fill in dimensions as appropriate) a Talai oontig..Jous acreage CMII1ed or cx:ntroIled by prqec:t SJXlI1SOI 47.87 acres

b. Prqed acreage to be deveIqJed: 0.8 acres initially; ___0_.8 acres ultimately

c. Prqedacreageto remain uncIeveIoped coes. d. Length of prqec:t, in miles: NIA (if appropriate)

e. If the project is an expansion, indicate percent of expansion proposed? n.a. %

t. Nurmerof df-street parking spaces existing 10 , proposed 12

g. Maxirrun vehia.Jlartrips generated per haJr 4 (upon completion of project)?

h. If residential: Nurmerand type of tnJsing units: One Family Two Family Multiple Family

Initially 1 o o Uttimately 2 o o o LDimensions (in feet) of largest proposed structure 33' height;

----widtt,. 212' 4" length.77' 4"

---- '

3

j. Linear feet of frontage along a public thoroughfare project will occupy is? 580 ft.

2. I-IoN much na1ural material (i.e. rock, earth, etc.) Vllill be rerTlOVElCI from the site? Zero tons/cubic yards?

3. Will disturbed areas be reclaimed? 1& Yes D N:> D!\VA Lawns & Gardens a If yes, for what intended pul'JXlS6 is the site being reclaimed?

b. Will topsoil be stockpiled for reclamation? 1& Yes C N:>

c. Will L..pper subsoil be stockpiled for reclamation? ~ Yes D N:>

4. How many acres of vegetation (trees, shrubs, ground covers) Vllill be removed from site? 0.8 ~~ -----_ .......""'.

5. Will any mature forest (over 100 years old) or other locally-important vegetation be removed by this project?

LJ Yes 1& N:>

6. If single phase project Anticipated period d oonstrucIion? 10 months, (induding demolition).

7. If mulli-phased:

a Total numberdphasesantidpated? N/A (number).

b. Antidpated date of commencement phase 1 N/A mcnth N_I_A year, (including demolition)

c. Approximate <X:lI"TlJIeIio date dfinal phase NIA mcnth __N_I_A__ year.

d. Is phase 1 fundionally dependent 01 subsequentphases? LJ Yes D N:>

8. Will blasting ocx::ur during oonstrucIion? :.::J Yes 1& N:>

9. Numberd jOOs g3l1eIated during consb'ucIion? 5 , after project is complete 1

10. Numberd jOOs eliminated bythis project? 0

11. Will project require relocation of any projects or facilities?? Dyes ~ N:>

If yes, explain N/A

12. Is surface liquid waste disposal involved? ~ Yes 1& N:>

a. If yes, indicate type dwaste (sewage, indusbial, etc.) and amount. N/A

b. Named water body into which effluent Vllill be discharged. N/A

13.IsSlbsurfaceliquidwastedisposalinvolved? I&Yes D N:> Type: Sanitary effluent

14. Will surface area of an existing water body increase or decrease by proposal? :.:J Yes 1& N:> Explain Stormwater is being routed around building and returned to sheet flow toward the same stream that receives it now.

15. Is project or any portion of project located in 100 year flood plain? D Yes 1& N:>

16. Will the project generate solid waste? ~ Yes ---.J N:>

a Ifyes, what is the amount per month 0.2 Ta1S b. If yes, Vllill an existing solid waste fadlity be used? ;g Yes D N:>

c.lfyes, fjve name Commercial Carting , location Unknown d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? 1& Yes D N:> e.lfyes, explain Recyclables will be collected for that purpose

17. Will the project involve the disposal d solid waste? D Yes iK N:>

a If yes, what is the anticipated rate d disposal? n.a. tons/month.

b. If yes, what is the anticipated site life? n.a. years.

18. Will project use herbicides orpesticides? D Yes 1& N:>

19. Will project routinely produce odors (more than one hour per day?) e.-J Yes ~ N:>

20. Will project produce operating noise exceeding the local ambient noise levels? D Yes 1& N:>

21. Will project result in an increase in energy use? IK Yes D N:> If yes, indicate type(s) Heating fuel, Electricity

22. Ifwater s..ppIy is from wells, indicate pumping capacity 5 gallons/minute.

23. Total anticipated water usage perday 400 gallons/day.

24. Does project involve L..a:::aI, Stateor Federal funding? D Yes iK N:>

If yes, explain N/A

4

25. Approvals Required: SubmittalType

Date

City, Town, Village Board =Yes ~No

City, Town, Village Planning Board ~Yes DNo Subdivision/Site Plan November 03, 2011

City, Town Zoning Board DYes ~No

City, County Health Department ~Yes DNo Septic and Well Permits To be determined

Other Local Agencies XYes DNo CABlWetlands Permit November 03, 2011 Other Regional Agencies ~Yes DNo County Planning 239 To be determined State Agencies DYes ~No

Federal Agencies DYes ~No

c. Zoning and Planning Information 1. Does proposed action involve a planning or zoning decision? :gJ Yes D No

If yes, indicate decision required:

G zoning amendment L-' zoning variance D special use permit ~ subdivision ~ site plan

D new/revision of master plan D resource management plan D other

2. What is the zoning classification(2) of the site? RR and Open Space Overlay

3. What is the maximum potential development of the site if developed as permitted by the present zoning?

Perhaps 4 lots if a Conservation Subdivision were approved

4. What is the proposed zoning of the site? RR and Open Space Overlay - No change


____ Perhaps 4 lots if a Conservation Subdivision were approved

6. Is the proposed action consistent with the recommended uses in adopted local land use plans? :gJ Yes D No

7. What are the predominant land use(s) and zoning classifications within a 1/4 % mile radius of proposed action?

Rural Residential

8. Is the proposed action compatible with adjoining'surrounding land uses within a 1/4 % mile? ~ Yes D f\b

9. If the proposed action is the subdivision of land, how many lots are proposed? Realignment of 3 existing lots, no new lots

a W1at: is the minimum lot size proposed? 26 acres

1 O. Will proposed action require any authorization(s) for the formation of sewer or water districts? 0 Yes [g I'D


~Yes 0 I'D

12. Will the proposed action result in the generation of traffic significantly above present levels? e-J Yes X I'D

a If yes, is the existing road networkadequa1e10 handle the additional traffic? ~ Yes I I'D


AtIach any adcitionaI information as may be needed 10darify ~r prqect. If there are or may be anyadverse impacIs assodated



Nancy Olnick Spanu

Signature TJ1je Surveyor for Applicant

If the action is n the Coastal A , and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment.

5

ro---oF~~=:O::======== BADEY & WATSON Surveying & Engineering P.C.

======== o!

Fax: (845) 265-4428 www.badey-watson.com

3063 Route 9, Cold Spring, New York 10516 (845) 265-9217 (845) 225-3312 (845) 831-0100 (845) 562-0060

Glennon J. Watson, L.S. John P. Delano, P.E.

Peter Meisler, L.S. Stephen R Miller, L.S.

[email protected] (914) 628-1800 Jennifer w. Reap, L.S. (914) 739-3577 (877) 3.141593 George A. Badey, L.S., Senior Consultant January 5, 2012 Mary Rice, RL.A., Consultant

Robert S. Miglin, Jr., L.S.

Anthony Merante, Chairman Philipstown Planning Board Town Hall, 238 Main Street Cold Spring, NY 10516

RE: Application of Nancy Olnick-Spanu - Submission of Additional and Corrected Materials.

Dear Mr. Merante and Honorable Board Members:

We are enclosing with this letter 19 copies each of:

o Subdivision Plat prepared for Nancy Olnick Spanu, 2 sheets last revised January 5, 2012;

o Site Plan prepared for Nancy Olnick Spanu, 5 sheets last revised January 5, 2012;

o Filed Map 2558 (McHenry) and Planning Board Resolution 13-92 approving it·,

o Filed Map 2259 (River Co. Partners) and Planning Board Resolution 36-87 approving it; and

o Our Suggested Part 2 of the Full EAF.

The Plat has been revised by adding building boxes on Parcels II and III, and adding the note stating that it is a 2-sheet set as suggested by Mr. Gainer. A building box does not fit on Parcel 1 due to the steep grades, but the parcel is preexisting, fully developed, and as such, does not require a building box. The offsite wells and septic systems have not been added because our investigation is not complete. They will be added in due course.

The Plan has been revised by adding the note stating that it is a 5-sheet set as suggested by Mr. Gainer.

Owners ofthe records andfiles of Joseph S. Agnoli + Barger & Hustis, Surveyors + Burgess & Behr + Roy Burgess + Vincent A. Burruano + Hudson Valley Engineering Company, Inc.

G. RadcliffHustis, Surveyor + Peter R Hustis, Surveyor + James w. Irish, Jr. + J. Wilbur Irish + Douglas A. Merritt + E.B. Moebus Reynolds & Chase + General Jacob Schofield + Sidney Schofield, CE. + Taconic Surveying & Engineering, P.C + D. Walcutt

January 5, 2012 Anthony Merante, Planning Board Chairman Page 2 of2

Both Filed Map 2558 and 2259 and the resolutions approving them have been submitted as evidence of the establishment of the aDA Roads. Because the maps are filed and the lots are usually conveyed by reference to the map, conveyance of the actual right-of-way is implicit in the deed for the lot. It is therefore not likely that a formal declaration of the easement exists. It is not necessary when lots are conveyed by reference to a lot on a Filed Map.

We trust you will find this information responsive to comments received during the December 8, 2011, meeting of the Planning Board and look forward to your continued review of these applications during your January 19, 2011, meeting.

Thank you for your continued attention to these applications.

b"U.--'/ lIen n J. Watson, L.S.

Enclosure (5) GJWlbms cc: File 91 -I 04B\AM04JA 12BP_SubmitAddedMaterial.doc

Nancy Olnick and Giorgio Spanu Miguel Quismondo

BADEY & WATSONFile Form Letters 1

Surveying 6- Engineering Pc.

PHILIPSTOWN PLANNING BOARD

TOWN OF PHILIPSTOWN, NEW YORK

RESOLUTION P. B. # t3 -92 (Alan F. McHenry open area

subdivision approval, Avery Road, Tax map #6~.~~-~1-51.

WHEREAS. Alan F. McHenry (the "applicant") is the owner of

a life estate on a 39.71 acre parcel in the Town of

Philipstown (the "Town") more particularly bounded and

described as that land shown on Tax Map Sheet 6~. ~~ Block

01, Parcel 51 on Avery Road;

WHEREAS, the Town Planning Board has been duly authorized

to approve plat applications and to grant subdivision

approvals for property located within the Town,

WHEREAS, the Planning Board received an application and

plat plan dated January 2. 1991, from Alan F. McHenry

prepared by Badey and Watson I P. C., for a proposed two lot

open development area subdivision on Avery Road, all lots would gain access from a private 5~ foot right of way that connects to Avery Road;

WHEREAS. appropriate application fees have been received by the Town; and

WHEREAS, the most recent plan is dated January 2, 1991, revised March 24, 1992;

WHEREAS, the parcel is zoned R-8~ which allows single

famil y residential uses on minimum sized lots of 8~, ~~~~ sf.

however, under the ODA regulations all lots must be greater

than 120.~~0 sf, and the size and configuration of lots conform to the zl'ning requirements of Town Zoning Law and ODA regulations regarding same;

WHEREAS, a public hearing was held on this application on May 21, 1992;

~.

June 18, 1992 Alan mcHenry F1nal SuDd1v1s1on Approval

Condi tional final approval expires 1811l days from the date of this resolution unless the prerequisites for endorsement of the plat have been met and the plat has been endorsed as

provided above, provided however, that the planning Board may, if warranted, extend the time in which the plat in final form must be presented for signature for not to exceed two additirnal 911l day periods.

BE IT FURTHER RESOLVED that upon due consideration by the Board the following requirements of the regulations be waived:

TO BE WAIVED: NONE

Adopted at a meeting of the Phil1pstown Planning Board on June 18, 1992.


~N~~ [)sk 112, Mdlenfy.res JUlie Ill, 1992

3

PART 3 ENVIRONMENTAL ASSESSMENT FORM

SUBDMSION for

ALAN F. McHENRY April 2, 1992

Prepared for PHILIPSTOWN PLANNING BOARD by BADEY & WATSON Surveying & Engineering, P.C. U.S. Route 9 Cold Spring, New York 10516 (914) 265-9217

1 PROJECT DESCRIPTION

Alan F. McHenry, the applicant, is the owner of a Life Estate in a 39.71 acre tract of land loCated in the Town of Philipstown on the westerly side of Avery Road at a polntapproximately 2,600 feet south of its intersection with Indian Brook Road. Mr. McHenry was joined in t.he application by:Bruce Alail McHenry and Richard John McHenry, his sons, who are the remaindermen of, the Estate. The property is designated on the new Putnam County Tax Map for the Town ofPhillpstoWn as Sheet 60.00, Block 01, Lot 51. It was previously designated as Sheet 46, Block 1, Lot 9 on the old Tax Map.

The applicant applied for approval of a three lot subdivision. During the course of the approval process Mr. McHenry decided that a two lot subdivision would be sufficient for hispurposes. The applicant seeks approval under the Open Development Area General regulations or the Town ofPhilipstown.

2 AREAS OF SPECIFIC ENVrnONMENTAL CONCERN ,

The applicant submitted Part 1 of this Environmental Assessment Form ,on January 2, 1991. The Planning Board found that the requested action is subject to the SEQRA and that a coordinated review is appropriate. After declaring its intention, and circu1B.ting the required notice to other involved agencies, the Planning Board assumed the role of Lead Agency. Thereafter, the Planning Board completed Part 2 of this EAF and identified the following impacts as potentially significant.

a. Impact on Land - Construction of Cul-de-Sac.

b. Impact on Water - Proposed action will allow residential use in an area without water and/or sewer services.

c. Impact on Plants and Animals

d. Impact on Historic and Archaeological Resources - Action will occur in the vicinity of a site listed on the State Register of Historic Places.

The following discussion will demonstrate how the applicant has addressed these potential impacts. It will also identify further mitigations which will be imposed upon the applicant as, a condition of approval. Finally, it will demonstrate how some of the perceived impacts will not result· from the approval of this project.

3 IMJ>ACT ON LAND - CONSTRUCTION OF CUL-DE-SAC

Part 3 of the EAF identified the construction of the cul-de-sac required under the Open Development Area General Regulations as a small to moderate' impact. A field inspection of the existing driveway reveals that the applicant's designers selected one of the more gently sloped areas for the location of the cul-de-sac.

Because this area is relatively level, the threat from runoff normally associated with construction on steeper slopes has been avoided. Still, some precautions to avoid erosion should be employed during the construction of the cul-de-sac. Specifically, the applicant will be required to protect the down-stream side of the cul-de-sac with silt fencing and/or hay bale dikes during construction. Additioilally, the applicant will be required to stabilize the shoulder area before removing the erosion control devices.

These measures when coupled with the location selected for the cul-de-sac will effectively mitigate any impacts associated with its construction. Therefore, potential impacts associated with this construction will not be an impediment to approval of the project.

The decision of the applicant to reduce the number of lots in the subdivision provides additional :initiga.tion I;: .

to the potential impact. While it is recognized that the elimination of a lot was not intended to mitigate '. " the impact, it nevertheless had that affect. :, . '.,:., '" .

It is also noted that a driveway'servicing lob which lie south orDi~k'sCastle passes 'alongthe;westerly'" border of the property between the castle and the subdivision.· ThisbreBkin the DiitunU 'condition'of the " . land provides a visual boundary between this project and the caStle, .This boUndary Will'serve to :reauce ., the perception of any impact as a result of conatructionon the McHeriry property.

The existing conditions when considered with the mitigations offered by the applicant effectively ininimize . any impacts on Dick's Castle, therefore, they will not be an impediment toapprovlU ofthis:projeet:" . •

7 CONCLUSION

The Planning Board has reviewed the documents that accompanied the pending application .including Part . 1 of this EAF. It prepared Part 2 of this EAF with itsPlanrting Consultant, It has required 'the applicant to prepare this Part 3 which identifies those mitigations.incorporated into the plan by the applicant. 'It also i~entifi~s co~ditions which sf?uld be include~ in th~ approval of the~roject.. Finally,it quiets'cer~ questIons raISed ill Part 2 by showmg that the project will not cause those unpacts. '.'. . .

The Planning Board concludes that its conditions and the applicant's plan with the modifications incorporated therein, have sufficiently mitigated potential impacts. Approval of the project, therefore, can be granted.

-------

O.L.Lrl. ......... .II.JU1'i.1. .J..

'j'ES'r P1'1' DATA REQUIRED TO BE SUBMITTED WITH APPLICATION --- DESCRIPTION OF SOILS ENCOUNTERED IN TEST HOLES

1,0 t B Lot 13

EP'rH HOLE NO. I) H/\ HOLE NO. DH 13 HOLE NO.

Topsoil to 6"G .l~.

loose to moderately moderately compactl'

C l) III pac t san d Hit II sand with medium2 '

mecli\llll to coarse to coarse gravel3 '

I} , g r i1 v (·1, C 0 iJ b ] e s some cobbles,

S li III e S 111 ,II J lJ [) 1I 1 d e r s silt5 '

III. r <I (. ( , - ~; il I:fi '

7 ' " II

8 ' " END

9' \,:1,: D --------------

J'

1 '

2 '

J

1 '

~DICATE LEVEL AT WHICH GROUNDWATER IS ENCOUNTERED. N_o_n_e _

~DICATE LEVEL TO WHICH WATER LEVEL RISES AFTER BEING ENCOUNTERED N~/A~ _

~EP HOLE OBSERVATIONS MADE BY: BADEY &W:ATSON PC DATE 1O_~_2_8_- 91 __

DESIGN. )il Rate Used Min/l" Drop: S.D. Usable Area Provided

). of Bedrooms Septic Tank Capacity gals. Type _

)sorption Area Provided By L. F. x 24" width trench

:her

tme BADEY & WATSON Surveying & Engineering, P.C.

Idress Route 9

Cold Spring, N.Y. 10516

SEAL

, SPACE FOR USE BY HEALTH DEPARTMENT ONLY:

lil Rate Approved __.__~_. __ sq. ftl gal. Checked by

" , 'N:ew York State Department of Environmental Conservation

21 South Putt Corners Road, New Paltz, New York 12561 914-255-5453

"~

Thomas C. Jorllng Commissioner

December 20, 1988

'. - - ....: .. . - .. --_.

Ms. Laura Bertolozzi Rudikoff and Rohde, Inc. 328 Ma in ria II PO\l8hkee~sie, Ne\oJ York 12601

IZe: Subdiv isioll St. Basils Academy

Dear Ms. Bertolozzi:

I have reviewed both our Significant Habitat and Endangered Species f :'J.es . , I found no records of either located within the above referenced project 2!:"ea.

Sincerely,

joel L. Hermes Senior Wildlife Biologist R;egion 3

JLH:kc

.. ,H.,. IUIl\ .;){ate uepanment of Environmental Conservation .. .. . Wildlife 2esources Cente~

.• .b .

Delmar, New York 12054· . . ......~_~J-'

.' _. December 21, 1988

..•~

Thomas C. JorlingLaura Bertolozzi Commissioner .Rudikoff & Rohde, Inc. DEC 2 8 8~]28 Main Mall

Poughkeepsie, New York 12601 ',,'e r ... ...-

Dear Ms. Bertolozzi:

We have reviewed the Significant Habitat Program and the Natural He~itage P~ogram files ~ith respec~ to your request for information re: a proposed subdivision in the Town of Philipstown, Putnam County.

We have identified the following potential concern:

The property is close to, but not ~ithin, thB boundary of the Constitution Marsh Significant Coastal Fish and Wildlife Habitat, (copy enclosed). This is now an officially designated area under the N.Y.S. Department of State's Coastal Management Program, and Coas~alconsistency requirements have to be met for projects which might adversely impact the habitat, whether or not the project is actually within the designated area. :'lore information regarding this designation may be obtained by contacting:

Mr. Thomas Har~, NYS DOS, Coastal Management Program 162 Washington Ave., Albany, N.Y. 12231 (518) 474-3642

We did not identify any other potential impacts on endangered, threatened or spec~al concern wildlife species, rare animal or na~ural

community occ~rrences, or other significant habitats on the site.

'.Our files are continually growing as ne'''' ¥bitats and oCCurrences

of rare species and communities are discovered~~ In most cases, site-specific or comprehensive surveys for plant and animal occurrences have not been conducted. For these reasons, ~e can only provide data which have peen assembled from our files. We cannot provide a definitive statement on the presence or absence of species, habitats or natural communities. This information should not be substituted for on-site surveys that may be requ~red, ror environmental assessment.

This response applies only to knO\ffi occurrences of rare animals, plants and natural communities and/or significant wildlife habitats. You should contact our regional offices(s), Division of Regulatory Affairs, at the addressees) enclosed for informacion regarding any regulated areas or Dermits chat may be required (e.g., regulated wetlands) under State law.

If we can be of further assistance please do not hesitate to contact us.

Sincerely, I J

,~JA,v--:....z....vV(.. L .{).--......flN.!.-\.

2:1c. "Luwrence P. Brown c~· C. Cole, act: J. He!:':!1es SLgnificaot Habitat Unit

••••••••2 [IlIIIJ=__----1-----· II

!"-.. PHI LIP S TOW N P LAN N I N G BOA R D

TOW N o F PHI LIP S TOW N, NEW Y 0 R K

Resolution PB #~-87 (Plat - River Company Partners) 8/13/87

-WHEREAS, the Philipstown Planning Board has received from River Company Partners, by Michael J. Tighe, Partner, the April 16, 1987 Application for Approval of a Minor Subdivision as a Final Plat pertaining to 41.527 acres of land in the Residence R-80 District on the east side of N. Y. Route #9D (part of TM 45, Block I, Parcel 10.1 and TM 45, Block 3, Parcel 11), and proposed to be divided into five (5) lots (one contains an existing dwelling known as i'Dick's Castle) with access by a proposed private right-of-way;

WHEREAS, On May 28, 1987 the Planning Board held a duly noticed public hearing to consider the Application, the applicant has granted extension of time for action in order to enable the applicant to provide additional information in response to questions raised at the hearing, and the current plans and documents submitted under the Application are as follows:

a. "Subdivision Plat prepared for River Company Partners, Situate in the Town of Philipstown, Putnam County, New York", dated March, 1987, revised to August 13, 1987, prepared by Badey & Watson, Surveying and Engineering, P.C.

b. "Preliminary Profile; Rivery Company Partners; ••• Sheet 1 of 1" dated as Revised July 16, 1987, prepared by Badey & Watson, Surveying & Engineering, P. C. ;

c. Short Environmental Assessment Form; dated April 16, 1987, prepared py Glennon Watson, Land Surveyor;

~. letter of July IS, 1987 from Michael J. Tighe concerning private land use restrictions on a 2.8 acre parcel of land along Indian Brook; and

WHEREAS, the Planning Board makes the following findings with r.egard to the Ap!Jli cat10q and plat:

1. The plat would create five (5) lots ranging in size from 5'.444 acres to 17.373 acres (including right-of-way) served by an Open Development Area private right-of-way, and while Lot #1 of 6.141 acres has frontage on U. S. Route #9, safety on the highway would be enhanced by use of the rightof-way for access to Lot #1 instead of establishing a new driveway onto Route 119;

2. The Preliminary Profile demonstrates that a travelway within the Open Development Area private right~of-wuy can be provided to Open Development Area standards, and in this regard -

a. a stable travelway already exists within the right-of-way and has been in use for travel for 70 years or more;

-1

b. the applicant confirms. that a tu~naround is required to be constructed at the southerly terminus, that a guard rail is to be installed along a steep slope in the vicinity of Lot #3 and that additional travelway and drainage improvements will be required i) to conform in full to Open Development Area standards and ii) to be completed or guaranteed by bond prior to issuance of a building permit.

3. Each of the proposed lots conforms to the Zoning Law and to Par. 4.7.2 of the Subdivision Regulations for lots having access by Open Development Area private right-of-way, and the following are noted:

a. Lot 112 contains a very large building the castle -- which the appli cant represents to be a single-family detached dwelling for one (1) family, and the applicant has -

j. acknowledged that a change in use to a gallery, museum ,or other purpose will require specific Zoning Law review and approval; and

ii.been forewarned by the Planning Board that the O~en Development Area travelway to the lot mayor may not be found safe, convenient and sufficient to serve traffic generated by a change in use; and

said Lot #2 also has an easement over Lot #1 for ~'general utility and access to Indian Brook";

b. Lots #3 and #4 are crossed by the proposed private right-of-way, and the parts on each side of the right-of-way, including' the right-of-way itself, are intended to be a single lot, with no division intended by the right-of-way location.

4. The plat does not include "Other Land of River Company Partners", having frontage on Route #9D and down an e~tremely steep slope from the proposed lots; access between the proposed lots and the Other Lands is not feasible.

5. The plat includes a 2.8 acre parcel identified in an. Inset, fronting on Indian Brook Road and Indian Brook for approximately 1,200 feet, and in this regard -

a. the applicant acknowledges that this parcel does not conform to the Zoning Law with regard to required shape;

b. the parcel encompasses an area along Indian Brook of extraordinary beauty and vital importance to protection of the quality of Indian Brook; and

c. the applicant i) does not intend the parcel to be a separate building lot, ii) proposes to retain the parcel as part of Lot #1 or #2 in the plat or to convey same to pn owner of land on the south side of Indian Brook or the north side of .Indian Brook Road and iii) will simultaneously with filing of the plat, impose a restriction on use of the parcel specifying in essence -

"The subject property is located in an area of scenic beauty and may not be used as a residential building lot as the same is derined by the Town of Philips town Zoning Law. This covenant shall run with the land and will be binding upon all future grantees."

-2

6. Filing of the plat is not ,within th~ jurisdiction of the Public Health Law, but construction of dwellings on Lots #1, 3, 4 and 5 will require approval for on-site water supply and sewage disposal systems by Putnam County Department of Health.

7. The plat is located on very steep, wooded land within the scenic Hudson Highlands, and -

a. the large lots proposed, use of the existing travelway and potential house site are consistent with scenic conservation along Route #9D and the Hudson River viewshed; and

b. Dick's Castle is not on the National Register of Historic Sites.

8. The Planning Board has received the 6/2/87 Section 239 Case Referral from the ~utnam County Division of Planning and:Development.

9. A suitable park or parks of adequate size ~annot be properly located within the plat, so that payment in lieu of reservation is applicable under Par. 4.17 of the Subdivision Regulations.

10. The proposed plat is in substantial compliance with the Zoning Law and the Subdivision Regulations.

11. Under the criteria of the State Environmental Quality Review law, action on the plat is an Unlisted Activity and will not have a significant effect on the environment,

NOW THEREFORE BE IT RESOLVED by the Philipstown Planning Board as follows:

A. Access to a fifth lot (Lot #1) is authorized under Par. 4.8.1d of the Subdivision Regulations.

B. rhe Application and Plat are approved subject to the following ~onditions:

~. endorsement of non-jurisdiction by the Putnam County Department of Health;

? payment to the Town of Philipstown of the sum of $7,000 in lieu of reservation of land for park purposes (5 lots, less Lot #2 with existing dwelling, less 2 lots equals 2 lots @ $3,500 each).

3. presentation of copies of the final plat in accordance with Par. 2.7.3b and 2.8.4 of the Subdivision Regulations.

C. The Chairman is authorized as officer of the Planning Board to endorse the final plat when conditions #B-l and B-2 have been met.

D. The Secretary is instructed to transmit a copy of this Resolution to the Putnam - County Division of Planning and Development.

Adopted at a meeting of the Philipstown Planning Board on August 13, 1987.


-3

PART 2· PROJECT IMPACTS AND THEIR MAGNITUDE Responsibility of Lead Agency S t d I b ugges e un ess axes

General Information (Read Carefully) are checked In completing the fonn 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 \ooNer thresholds may be appropriate for a Potential Large Impact response, thus requirirYJ evaluaticn 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 mmberof examples per question does not indicate the importance of each question.

In identifying impacts, consider long term, short tenn 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 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 coh.mn 2simply 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.

1 2 3 Small to Potential Can Imp:ld Be

Moderate Large Mitigated by Im,ooct Impact Project 0Bnge

IMPACT ON LAND

1. Will the Proposed Action result in a physical change to the project site?

t>O ~ YES Q

Examples that would apply to column 2

Any construction on slopes of 15%or greater, (15 foot rise per 100 foot of length), ,----Yrs Ut-b or where the general slopes in the project area exceed 10%.

Construction on land where the depth to the water table is less than 3 feet. Yrs Dt-bl-J l-J

Construction of paved parking area for 1,000 or more vehicles. Yrs Dt-b~ '------.J

Construction on land where bedrock is exposed or generally within 3 feet l-J ~Yrs Dt-b

of existing ground surface.

Construction that will continue for more than 1 year or involve more than e-J Yrs Dt-b one phase or stage.

Excavation for mining purposes that would remove more than 1,000 tons Yrs Dt-b'------.J

of natural material (i.e., rock or soil) per year.

Page 11 of 21

Construction or expansion of a sanitary Iardlill.

1 Small to

Moderate Impact

0

2 Potential

Large Impact

0

3 Callm~8e

Mitigated ~ Prtjecl O'arge

Dyes LJN::>

Construction in a designated fIoodINay. 0 0 Dves ~N>LJ

Other impacts: 0 0 Dves -UN::>

I I

2. Wililhere be an effect to any unique or unusual land forms fourd on the site?

(i.e., cliffs, dunes, geological formations, etc.)

~r-.o UYES Specific land forms: 0 0 DVe:; ON>

I ~ 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)

Dr-.o ~'r'ES


Developable area of site contains a protected water body. 0 0 DVe:; ON> Dredging more !han 1 00 cubic yards of material from channel of a protected stream. 0 0 DVe:; Df'ob Extension of utility distribution facilities through a protected water body. 0 0 DVe:; ON> Construction in a designated freshwater or tidal wetland.

Other impacts:

~

0 0 0

DVe:; ON> Dye:; ON>

I I

I

I I L

4. Will Proposed Action affect any non-protected existing or new body of water?

[;2J~ -

LJ'iES

I

I

I I I


A 10"10 increase or decrease in the surface area of any body of water or more !han a 10 acre increase or decrease.

0 D DYe:; LN>

Construction of a body of water that exceeds 10 acres of surface area.

Other impaets: -

0 0

D D

=:J Ye:; Df'ob DYe:; ON>

I •

I I

Page 12 of 21

1 2 3

SmaJlto Potential can Impact Be rv10derate Large Mitigated t7y

Impact Impact Prqocl 01ange

5. Will Prop:>sed Action affect surface or groundwater quality or quantity?

Dr-o ~YES


Prop:>sed Action will require a discharge permit D D LJ Ves Dr-{)

Prop:>sed Action requires use of a source of water that does not have approval to serve prop:>sed (project) action.

D D [J Ves Dr-{)

Prop:>sed Action requires water supply from wells with greater than 45 gallons D D LJ Ves Dr-{) per minute pumping capacity.

Construction or operation causing any contamination of a water supply system. D D Dves Dr-{)

Proposed Action will adversely affect groundwater. D D Dves Dr-{)

Liquid effluent will be conveyed off the site to facilities which presently do not exist or have inadequate capacity.

D D Dves Dr-{)

Proposed Action would use water in excess of 20,000 gallons per day. D D Dves Dr-{)

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.

~ 0 Dves Dr-{)

Proposed Action will require the storage of petroleum or chemical products greater than 1,100 gallons.

0 0 Dves Dr-{)

Proposed Action will allow residential uses in areas without water ancVor sewerservices.

D Dves Dr-{)

Proposed Action locates commercial ardIor industrial uses which may require new or expansion of existing waste treatment ancVor storage facilities.

D D Dves Dr-{)

Other impacts: 0 D Dves Dr-{)

Page 13 of 21

1 2 3 Srnallto Potential can Impact Be

Moderate Large Mitigata:l1:1y Impact Impact ProjOO:Q'ange

6. Will Proposed Action alter drainage flow or patterns, or surface water run off?

~ r-..o DYES Examples that would apply to column 2

Proposed Action 'hOU1d d1ange flood water flcMs

Proposed Action may cause slbstantial erosion.

Proposed Action is incompatible with existing drainage patterns.

Proposed Action will allow development in a designated floodway.

Other impacts:

IMPACT ON AIR

7. Will Proposed Action affect air quality?

~ 1\0 e-J YES


Proposed Action will induce 1,000 or more vehicle trips in any given hour.

Proposed Action will result in the incineration of more than 1 ton of refuse per hour.

Emission rate of total contaminants will exceed 5 100. per hour or a heat source producing more than 10 million BTU's per hour.

Proposed Action will allow an increase in the amount of land committed to industrial use.

Proposed Action will allow an increase in the density of industrial development within existing industrial areas.

Other impacts:

0 LJ DYES ~N:>

0 ~

LJ DYES L;N:>

0 ~ LJ DYES ~N:>

0 ~ DYES ~N:>

0 '--' DYES L---" N:>

I J

0 L-.J YES ON:>'-----.!

0 YES ON:>'---"

. YES ON:>0 L---"

0 ~ YES ON:>

0 L---, ~ YES ON:>

0 LJ ~ YES ON:>

IMPACT ON PLANTS AND ANIMALS

8. Will Proposed Action affect any threatened or endangered species?

[;Z] 1\0 YESL-.J


Reduction of one or more species listed on 1I'e New York or Federal list, using the o DYES ONJ site, over or near the site, or found on the site.

Page 14 of 21

1 2 3

SmalI1D Moderate

Impact

Potential Large Impact

~lmpact8e

MitigatEd t7y Proja::lQmge

Removal of any portion of a critical or significant wildlife habilat 0 0 o YES ON:>

Application of pesticide or herbicide more than twice a year, other than for agricultural purposes.

0 0 o YES ON:>

Other impacts: 0 D o YES Uf'b

I I

9. Will Proposed Action subs1antially affect non-threatened or non-endangered species?

[;Z]f\O o YES


Proposed Action would substantially interfere with any resident or migratory fish, shellfish or wildlife species.

Proposed Action requires the removal of more than 10 acres of mature forest (over 100 years of age) or other locally important vegetation.

Other impacts:

I

0

0

0

D

0

0

DyES

o YES

DyES

uN:>

::Jf'b

UN>

I I

I

IMPACT ON AGRICULTURAL LAND RESOURCES

10. Will Proposed Action affect agricultural land resources?

Mf'O o YES


The Proposed Action would sever, cross or limit access to agricultural land 0nc1udes cropland, hayfields, pasture, vineyard, orchard, etc.) D LJ DyES C--Jf'b

Construction activity would excavate or compact the soil profile of agricultural land. 0 0 DyES L-Jf'b

The Proposed Action would irreversibly convert more than 10 acres of agricultural land or, if located in an Agricultural District, more than 2.5 acres of agricultural land.

0 0 DyES UN:>

Page 15 of 21

The Proposed Action oould disrupt or prevent installation of agricultural land management systems (e.g., subsurface drain lines, outlet ditches, sbip cropping); or create a need for such measures (e.g. cause a farm field 10 drain poor1y due 10 increased runoff).

1

Small 10 Moderate Im~

r-----'I LJ

2

Potential large Impact

D

3

Canlm~Be Mitigated by

Prqed O"'arge

Dyes LJt-il

Other impacls: l_____.J D Dyes LJt-il

I

L IMPACT ON AESTHETIC RESOURCES

11. Will Proposed Action affect aesthetic resources? (If necessary, use the VISual EAF Addendum in Section 617.20, Appendix B.)

e-Jt'O ;lYES Examples that oould apply to column 2

Proposed land uses, or project components obviously different from or in sharp contrast to current surrounding land use patterrlS, W1ether man-made or natural.

D Dyes LJt-il

Proposed land uses, or project components visible to users of aesthetic resources W1ich will eliminate or significantly reduce their enjoyment of the aesthetic qualities of that resource.

Project components that will result in the elimination or significant screening of scenic views known to be important to the area.

L-J

I L---i

D

D

Dyes

Dyes

e-Jt-il

t-il .""---,

Other impacts: I '----" D Dyes L-;t-il

IMPACT ON HISTORIC AND ARCHAEOLOGICAL RESOURCES

12. Will Proposed Action impact any site or structure of historic, prehistoric or paleon1Dlogicai importance?

~ N) L-J YES

Examples that oould apply to column 2

Proposed Action occurring wholly or partially within or substantially contiguous 10 any facility or site listed on the State or National Register of historic places.

My impact10 an archaeological site or fossil bed located within the project site.

L---.J

L---.J

D

D

Dyes

Dyes

'---..Jt-il

L-Jt-il

Proposed Action will occur in an area designated as sensitive for archaeological sites on the NYS Site Inventory.

L_J D Dyes '---..Jt-il

Page 160121

--------

1 2 3

SrnaJllo Potential GanlmlBdBe Moderate Large Mitigated ~

Impact Impact Prqocl 01arQe

IMPACT ON TRANSPORTATION

15. Will there be an effect to existing transportation systems?

~f\O DYES Examples that would apply 10 column 2

Alteration of present patterns of movement of people ancVor \POdS. 0 0 Dyes ON> Proposed Action will result in major traffic problems. 0 0 Dyes DN> Other impacts: 0 0 Dyes ON>

IMPACT ON ENERGY

16. Will Proposed Action affect the community's sources of fuel or energy supply?


Proposed Action will cause a greater than 5% increase in the use of any form of energy in the municipality.

Proposed Action will require the creation or extension of an energy transmission or supply system 10 serve more than 50 single or toolamily residences or 10 serve a major commercial or induslJial use.

Other impacts:

NOISE AND ODOR IMPACT

17. Will there be objectionable odors, noise, or vibration as a result of the Proposed Action?

Examples that would apply 10 column 2

Blasting within 1,500 feet of a hospital, school or other sensitive facility.

Odors will occur routinely (more than one 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 adas a noise screen.

Other impacts:

o o Dyes D N>

o D

o 0 Dyes ON>

I

------------'

0 D o Yes ON> 0 0 o Yes DN>

D D Dyes ON>

0 D o Yes ON>

0 D o Yes ON>

~

Page 180f21

I

1 2 3

SrnaIlto Moderate

Impact

Potential Large Impact

can Impact Be Mitigated by

Pn:jocl <hlrge

IMPACT ON PUBLIC HEALTH

18. Will Proposed Action affect public heaJlh and safety?

I;z] 1'0 0 'IS

Proposed Action may cause a risk of explosion or release of hazardous substances (i.e. oil, pesticides, chemicals, radiation, etc.) in the event of accident or upset conditions, or there may be a chronic low level discharge or emission.

Prop:lsed Aclion may result in the burial of 'hazardous wastes' nany form (Le. tolOC, poisonous, highly reactive, radioactive, irritating, infectious, etc.)

LJ LJ

-LJ

U Ya;

L Ya;

ON:>

ON:>

Storage facilities for one million or more gallons of liquefied natural gas or other flammable liquids.

'-----.J ~ Ya; ON:>

Proposed Action may result in the excavation or other disturbance within 2,000

feet of a site used for the disposal of solid or hazardous waste. ~ LJ Ya; ON:>

0I!ler irnpads: LJ Ya; ON:>

IMPACT ON GROWTH AND CHARACTER OF COMMUNITY OR NEIGHBORHOOD

19. Will Proposed Action affect the character of the existing community?

I;z]t-O YES


The permanent population of the city, town or village in which the project is located is likely to grow by more than 5%.

• Yes uN:>

The municipal budget for capital expenditures or operating seNices will increase by more than 5% per year as a result of this project.

'-----.J Yes '------.IN:>

Proposed Action will conflict with officially adopted plans or goals. Yes '-----.IN:>

Proposed Action will cause a change in the density of land use. L~

Ya; ~N:>

Proposed Action will replace or eliminate existing facilities, structures or areas of historic importance to the oornmunity.

Yes L.,N:>

Development will create a demand for additional community services (e.g. schools, police and fire, etc.)

LJ Yes LJN:>

Page 190f21

1 2 3

SmaJlto Potential Can Impact Be Moderate Large Mitigated by

Impld Impact F'rqoctQ-arge

Proposed Action will set an important precedent for future projects. 0 0 =:J Yes DN> Proposed Action will create or eliminate employment. 0 0 Dyes uN> Other impacts: 0 0 Dyes ON>

I ~ I ~

20. Is there, or is there likely to be, public controversy related to potential adverse environment impacts?

If Any Action in Part 215 Identified as a Potential Large Impact or If you Cannot Determine the Magnitude of Impact, Proceed to Part 3

Page 20 of 21

Part 3 . EVALUATION OF THE IMPORTANCE OF IMPACTS

Responsibility of Lead Agency

Part 3 must be prepared if one or more impact(s) is considered to be potentially large, even if the impact(s) may be mitigated.

Instructions (If you need more space, attach additional sheets)

Discuss the following for each impact identified in Column 2 of Part 2:

1. Briefly describe the impact.

2. Describe (if applicable) how the impact could be mitigated or reduced to a small to moderate impact by project change(s).

3. Based on the information available, decide if it is reasonable to conclude that this impact is important.

To answer the question of importance, consider.

! The probability of the impact occurring

! The duration of the impact

! Its irreversibility, including permanently lost resources of value

! Whether the impact can or will be controlled

! The regional consequence of the impact

! Its potential divergence from local needs and goals

! Whether known objections to the project relate to this impact.

Page 21 of 21

------------------

238 Main StreetTOWN OF PHILIPSTOWN Cold Spring, NY, 10516PUTNAM COUNTY, I'JEWYORK (845) 265-5202

APPLICATION FOR WETLANDS PERMIT

Note to Applicant:

Submit the completed application to the appropriate permitting authoirty. The application for Wetlands Permit should be sumbitte simultaneously with any related application (e.g. subdivision approval, site plan approval,

special use permit, etc.) being made to the permitting authority.

(Office Use Only)

Application # taL. - l d-- -Ol \0 o Permitting Authority

o Z.B.AReceived by: rf )(6'Z&'----- _

Date \-1 b- l~ o Planning Board

c:a' Wetlands Inspector Fee ~8 50,cJ)

Pursuant to Chapter 93 of the Code of the Town of Philipstown, entitled "Freshwater Wetlands and Watercourse Law of the Town of Philipstown" (Wetlands Law), the undersigned hereby applies for a Wetlands Permit to conduct a regulated activity in a controlled area.

Garrison Station Plaza, Inc.1. Owner; Name:

P.O. Box 205Address:

(914) 262-2156Telephone:

2. Agent Name: Garrison Properties, LLC (applicant)

(Applicant must be owner of the land The Appilcalion may be managed by an authoirzed agent of such person possessing a notarized letter of consent from the owner.)

Name of Agent Garrison Properties, LLC

If Corporation, give names of officers:

Sharon Saul Davis (President), Christopher Davis (Vice-President) and

Chip Allemann (Vice-President)

Mailing Address 2_0_1_5_R_o_u_te_9_G_a_rr_is_o_n...:...,_N_e_w_y_o_rk_1_05_2_4 _

Telephone: (845) 424-3604

3. Location of Proposed Activity:

7 Garrison Landing, Garrison

Tax Map No.: 6_0_.1_7_-_1-_7 _

Acreage of Controlled Area Affected: 0.190

4. Type of Activity: (See list of regulated activities)

Exterior renovation of eXisting multi-use structure. Construction of new, and rehab. of existing impervious surfaces (hardscape). Installation of a new wastewater treatment system.

5. Other permit(s) required and agency or agencies responsible for granting such permits such as but not limited to P.C.B.O.H., N.Y.D.E.C., Amry core of Engineers, EPA, DOT, Building Dept.

Planning Board and Z.B.A.

Town of Philipstown Planning Board - Site Plan, Putnam County Department of Health On-Site Wastewater Treatment Plant, New York State Department of Environmental ConseNation - Surface Discharge and Stream Disturbance Permits

6. Each copy of this application shall be accompanied by:

a. A detailed description of the proposed activity and a comparison of the acitivity to the criteria for approval specified in §93-B of the Wetlands Law (see below)

b. A completed short form environmental assessment form.

c. A map prepared by a licensed surveyor landscape architect or engineer showing:

1. The controlled area(s) wetland buffer zone 100 feat from the edge of any wetlands, lakes, ponds or streams on the site;

2. Any wetland or watercourse therein and the location thereof;

3. The location, extent, and nature of the proposed activity

D. The names of claimants of water rights in the wetland or watercourse of whom the applicant has record notice and the names and address of all owners of record of properties abutting and directly across from the proposed activity as shown on the latest tax record.

(Note: Any map, plat or plan showing the above information that is required to be submitted for any other permit or approval in connection with the regulated activity, and that is acceptable to the Permlitting Authority, may be used.)

Date 01/05/12

Sigo',u''C1Z1fJ_--

60.17-1-23.1, 51 Upper Station Rd Corp 66 East Meadow Rd Wilton, CT 06897

60.17-1-24 Guillaro, Paul F. 75 Random Farms Dr Chappaqua,tfY 10514

60.17-1-6 Garrison Landing Assn Inc PO Box 205 Garrison,~ 10524

60.17-1-4 Dow, Rodney W. 23 Lower Station Rd Garrison, ~ 10524

60.17-1-27 Regele, Joseph 1039 Rt9D Garrison, tfY 10524

60.17-1-3 Brady, James T. PO Box 636 Charleston, SC 29401

71.-1-12 Midtown Trackage Ventures 551 5th Ave F134 New York, ~ 10176


60.17-1-5 Sherman, Constance A 21 Lower Station Road Garrison, tfY 10524

60.17-1-1 Attn.: Lease to MTA Garrison Station Plaza Inc PO Box 205 Garrison, tfY 10524

60.17-1-2 Garrison Station Plaza Inc PO Box 205 Garrison,~ 10524



60.-1-1 Station Plaza, Garrison PO Box 205 Garrison,~ 10524

71.5-1-6 Littel, Barre W. PO Box 27 Garrison,~ 10524

Statement in Support of the

Application of

GARRISON PROPERTIES, LLC for a

FRESHWATER WETLANDS PERMIT to conduct

REGULATED ACTIVITIES within a

REGULATED AREA as required under

CHAPTER 93 of the

CODE of the TOWN OF PHILIPSTOWN

Prepared and respectfully submitted by: BADEY & WATSON, Surveying and Engineering, P. C. 3063 U.S. Route 9 Cold Spring, NY 10516 (845) 265-9217 (voice) (845) 265-4428 (fax) (877) 3.141593 (toll-free) www.Badey-Watson.com

Application of Garrison January 5, 2012 Properties, LLC

Project Location

Garrison Station Plaza, Inc. is the owner of the premises at 7 Garrison Landing, which is the subject of the application. The property is located at the very end of Garrison Landing, approximately 900 feet south of its intersection with Upper Station Road. It is shown on the Putnam County Tax Map for the Town of Philipstown as Sheet 60.17, Block 1, Lot 7 (60.17.-1-7). The area of the parcel is 290,676 square feet. The property is located in a Hamlet Mixed-Use (HM) zoning district.

Regulated Activities Involved (§ 93.5)

The permit sought will allow the following Regulated Activities to be conducted by the applicant:

• The exterior renovations to existing structure; • The increase of impervious surfaces in the form of hardscape; • The installation (subsurface) of a wastewater treatment plant; • Excavation and filling within the Hudson River; • Surface discharge of treated wastewater effluent into the Hudson River.

The proposed activity will involve: • Excavation and backfilling of soil (§93-5A) • Deposition oflight stone fill (§93-5B) • Installation of a sewage disposal system and sewer outfall (§93-5C) • Introduction of a form of pollution, by way of a sewer outfall, into a controlled

area (§93-5J)

Total anticipated disturbance within the controlled area is not expected to exceed 8,300 square feet.

Project Description

Garrison Properties, LLC (lessee) is the applicant for the subject application. There isa single existing structure on the parcel, locally known as Guinan's Store. The "store" was essentially a five-bedroom house with a storefront at the main level and a small pub-style bar at the rear of the store. The applicant plans to renovate the existing 3-story structure into a restaurant/bar, with two (2) apartments on the second floor. There will also be a cafe on the main level where coffee, newspapers and other small items will be sold.

Comparison of the proposed activity to the Criteria for Approval § 93.8

Section 93-8, Criteria for approval sets forth eight (8) criteria that the Conservation Advisory Council and Permitting Authority must consider before a permit may be recommended or issued. The following is a list of them with a discussion of how the project compares to each.

File 78-ll8B\GP05JA120W.doc Page 2 of3

Application of Garrison January 5, 2012 Properties, LLC

The activity will not have a substantial adverse effect upon the natural (unction and benefits ora wetland or watercourses as set forth in §93-2B. The activity shall not substantially alter the characteristics and use of the site.

The activity will not substantially change the natural channel ofa watercourse or substantially inhibit the dynamics ofa watercourse system. The proposed activity will not alter the size or cross-sectional area ofthe watercourse.

The activity will not result in the degrading or pollution ofwaters. The proposed plan outlines monitoring and limitations of surfaces discharge.

The activity will not increase the potential for flooding. The proposed activity does not substantially increase impervious surfaces or restrict any flow ofwater.

Sufficient provision has been made for control orpollution, erosion. siltation and sedimentation during and after conduct ofthe activity. The proposed plan outlines temporary and permanent erosion and sediment control measures.

No practicable alternative location is available on the subject parcel. The proposed activity involves existing site improvements.

No additional technical improvements or safeguards can reasonably be added to the plan or activity. which would minimize the impact on a controlled area. All improvements have been proposed so that the smallest practicable area shall be disturbed.

The activity will alleviate or remove a hazard to the public health or safety. The proposed activity includes the treatment, disinfection and safe discharge of a currently substandard subsurface discharge.

Respectfully submitted by, BADEY & WATSON,

GJW/jrs

Surve ing and Engineering, P. C.

Glennon J. son, L.S. Surveyor for Applicant

File 78-ll8B\GPOSJAI20W.doc Page 3 of3

60.17-1-23.1 51 Upper Su{tion Rd Corp 66 East Meadow Rd Wilton, CT 06897

60.17-1-24 Guillaro, Paul F. 75 Random Farms Dr Chappaqua,~ 10514


60.17-1-4 Dow, Rodney W. 23 Lower Station Rd Garrison, ~ 10524

60.17-1-27 Rege1e, Joseph 1039 Rt 9D Garrison, ~ 10524

60.17-1-3 Brady, James T. PO Box 636 Charleston, SC 29401

71.-1-12 Midtown Trackage Ventures 551 5th Ave F134 NewYork,~ 10176

60.17-1-8 Garrison Landing Assn Inc PO Box 205 Garrison, ~ 10524

60.17-1-5 Sherman, Constance A 21 Lower Station Road Garrison, ~ 10524

60.17-1-1 Attn.: Lease to MTA Garrison Station Plaza Inc PO Box 205 Garrison, ~ 10524


60.17-1-10 Garrison Station Plaza Inc PO Box 205 Garrison, ~ 10524

60.17-1-9 Garrison Station Plaza Inc PO Box 205 Garrison, ~ 10524

60.-1-1 Station Plaza, Garrison PO Box 205 Garrison, ~ 10524

71.5-1-6 Litte1, Barre W. PO Box 27 Garrison, ~ 10524

617.20 Appendix A


Purpose: The full EAF is designed to help applicants and agencies detennine, 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 aspec1s of a prqect that are subjective or unmeasurable. It is also understood 1hat those who determine siglificance may have lillie or no formaJ kncmledge of the environment or may not be technically expert in environmental analysis. In addition, many who have kncmledge in one particular area may not be aware of the broader ooncerns affecting the question of significance.

The full EAF is intended 10 prcMde a method 'Nhereby applicants and agencies can be assured 1hatthedetermination process has been orderty, comprehensive in nature, yet flexible enough to allow introduction of information to fit a project or action.


Part 1 Provides objective data and information about a given project and its site. By identifying basic project data, it assists a revi6\oVer 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.



Identify the Portions of EAF completed for this project: ~ Part 1 ~ Part2 D Part3

Upon revi6\oV of the information recorded on this EAF (Parts 1 and 2 and 3 if appropriate), and any other supporting information, and considering boIh the magnitude and importance of each impact, it is reasonably determined by the lead agency that

D 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.

D 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 have been required, therefore a CONDITIONED negative declaration will be prepared.·

D 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

Site Plan - Garrison Properties, LLC Name ofAction

Town of Philipstown Planning Board NameofLead Pgroy

Mr. Anthony Merante Planning Board Chairman Print orType Name of Responsible Officer in Lead Ageroy TrIle of Responsible Officer

Signature of Responsible Officer in Lead Ageroy Signature of Preparer (If different from responsible officer)

Date

Page 1 of 15

------ --------

-----------------

------

I

Prepared by Project Sponsor. NOTICE This uocument is designed to assist in determining whether the action proposed may have a significant effect on the environment. Please complete the entire form, Parts A through E. AnsINers to these questions will be considered as part of1he application for apprOllaJ and may be subject to further verification and public review. Provide any additional information you believe will be needed to complete Parts 2 and 3.

It is expected that completion of the full EAF will be dependent on information currently available and will not involve new studies, research or investigation. If information requiring such additional work is unavailable, so indicate and specify eadl instance.

Name of Action Site Plan - Garrison Properties, LLC

Location of Action Ondude Street Address, Municipality and County)

7 Garrison Landing Garrison, NY 10524

Name ofApplicantlSpcnsor Garrison Properties, LLC

Address P.O. Box 348 2015 Route 9

City/PO Garrison Slate NY ZpCcx::le 10524

Business Telephone 845-424-3604

Name of ONner (If different) Garrison Station Plaza, Inc.

P.O. Box 205

City / PO Garrison S1ate NY Zp Ccx::le 10524

Business Telephooe 914-262-2156

Desaiplion of Action:

'Renovation of existing mixed use structure to be served by a new private wastwater treatment system and existing public water :supply. Existing single family dwelling with retail business to be renovated into a Restaurant and retail business with upper floor lapartments in a mixed-use building.

L ....J

Page2of15

----

----

A. SITE D'ESCRIPTION Physical setlingofoverall project, bo1h developed and undeveloped areas.

1 . Present Land Use: D U1bal D Industrial ~ CcrnmerdaJ ~ Residential (suburban) D Rural (non-farm)

D Forest D AgriaJlture ~ Other Metro North Station/platform. Hamlet area.

2. Total acreage of project area: 6.674 acres.

APPROXIMATE ACREAGE PRESENTLY AFTER COMPLETlON

Meac.lovvor Brushland (Norl-agriculturaJ) ocres ocres

Forested ocres ocres AgriaJftural (Includes orchards, cropland, pashJre, etc.) ocres ocres Wetland (Freshwater or tidal as per Articles 24,25 of ECl) ocres ocres WaterSurface Area 5.924 ocres 5.924 ocres Unvegetated (Rock, earth or fill) ocres ocres Roads, buildings and other paved surfaces 0.056 ocres 0.069 ocres

Other (Indicate type) Grassed riverbank. 0.694 ocres 0.661 ocres

Total 6.674 6.674

3. What is predominant soil type(s) on project site? Urban Land-Charlton Complex (upland only)

a. Soil drainage: ~ Well drained 100 % of site D Moderately well drained % of site. D Poorly drained % of site

b. If any agricufturalland is involved, how many acres of soil are classified within soil group 1 through 4 of the NYS Land CIassificaIia1 System? n/a acres (see 1 NYCRR 370).

4. Are there bedrock outcroppings on project site? D Yes ~ f\b a What is depth to bedrcck 6 (in feet)

5. Approximate percentage of proposed project site with slopes: ~ Q-1CWo 100 % D 10-15% 0 % D 15%orgreater 0 %

6. Is project substantially contiguous to, or contain a building, site, or district, listed on the State or National Registers of Historic Places?

~ Yes U I\b

7. Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? D Yes

8. What is the depth of the water table? 0>4 (in feet)

9. Is site located over a primary, principal, or sole source aquifer? U Yes

10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? 0 Yes [;Z f\b

11 . Does project site contain any species of plant or animal life that is identified as threatened or endangered? U Yes iY'J f\b

According to:

:Site fully developed

Identify each species:

n/a

12. Are there any unique or unusual land forms on the project site? (Le., cliffs, dunes, other geological formations? D Yes

Desaibe: ~-----------

l---------------------------==o----------,=--13. Is the project site presently used by the community or neighborhood as an open space or recreation area? U Yes ~ N:>

If yes, explain: nJa

Page 3 of 15

I

I

-----

-----

I

,I Hu~on Highland"

15.f _In orcontiguous to prcjecl area:

a. Name of Stream and name of River to which it is bibutary

The site is on the easterly bank ofthe Hudson River.

16. Lakes, ponds, wetland areas within or contiguous to project area:

wa

b. Size (in acres):

[ nJa

17. Is the site served by existing public utilities? [;ZJ Yes D I\b

a. If YES, does sufficient capacity exist to allow connection? [;ZJ Yes 0 I\b

b. If YES, will improvements be necessary to allow connection? D Yes M I\b

18. Is the site located in an agria.JlbJraI district certified pursuant to Agriculture and Markets Law, Artide 25-AA, 8ec:lion 303 and 304? D Yes [;ZJ I\b

19. Is the site located in or substantially contiguous to a Critical Environmental Area designated pursuant to Artide 8 of the ECl, and 6 NYCRR 617?LJ Yes [;ZJ I\b

20. Has the site ever been used for the disposal of solid or hazardous wastes? D Yes M I\b

B. PROJECT DESCRIPTION

1. Physical dimensions and scale of project (fill in dimensions as appropriate).

a. Total contiguous acreage owned or controlled by project sponsor: 6.674 acres. b. Project acreage to be developed: 0.166 acres initially; 0.166 acres ultimately.

c. Project acreage to remain undeveloped: 6.568 acres. d. Length of project, in miles: nJa (If appropriate)

e. If the project is an expansion, indicate percent of expansion proposed. nJa %

f. Number of off-street parKing spaces existing 17 , proposed 18 --

g. Maximum vehicular trips generated per hour: 13 (upon completion of project)? h. If residential: Number and type of housing units:

One Family Tvvo Family Multiple Family Carl:rrinium Initially 1 o o o Ultimately 2 o o o

i. Dimensions (in feet) of largest proposed structure: 38 height; 30.5 width; 54 length.

j. Unear feet of frontage along a public thoroughfare project will occupy is? 0 ft.

2. How much natural material (Le. rock, earth, etc.) will be removed from the site? 0 tonsIcubic yards.

3. Will disturbed areas be reclaimed [;ZJ Yes D I\b D N'A

a. If yes, for what intended purpose is the site being reclaimed?

!Lawns, Gardens and Hardscape

b. Will topsoil be stockpiled for reclamation? [;ZJ Yes D I\b

c. Will upper subsoil be stockpiled for reclamation? iy;j Yes D I\b

Page 4 of 15

----

---

---------------------

--------------

._- - - - -- -, - -_ .. - - . -_ ..- --- .. -_ .. _.._. 5. Will any mature forest (over 100 years old) or other locaJly- important vegetation be removed by this project? D Yes

, '

6. If single phase project: Anticipated periocl of construction: 10 months, Onduding demolilion)

7. If multi-phased:

a. Total number of phases anticipated nJa (number)

b. Anticipated date of commencement phase 1: nJa m::rih nJa year, Onduding demolition)

c. Approximate completion date of final phase: nJa Ill:Iih nJa year.

d. Is phase 1 functionally dependent on subsequent phases? D Yes D N:>

8. Will blasting occur during construction? D Yes M N:>

9. Number of jobs generated: during construction 12 , after project is complete

10. Number of jobs eliminated by this project 0

11 . Will project require relocation of any projects or facilities? D Yes 1M N:>

If yes, explain:

nJa

12. Is surface liquid waste disposal involved? M Yes D N:>

a. If yes, indicate type of waste (sewage, industrial, etc) and amount Treated Sewage---------'''---------------

b. Name of water bocly into which effluent will be discharged Hudson River

13. Is subsurface liquid waste disposal involved? D Yes M N:> Typ3 nJa

14. Will surface area ofan existing water body increase ordecrease by proposal? D Yes M N:>

If yes, explain:

nJa

15. Is project or any portion of project located in a 100 year floOO plain? 1M Yes D N:>

16. Will the project generate solid waste? 1M Yes 0 N:>

a. If yes, what is the amount per month? 0.75 1cns

b. If yes, will an existing solid waste facility be used? [;Zj Yes LJ N:>

c. If yes, give name Unknown , location Commercial Carter --------,==;----=-------

d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? [;Zj Yes LJ N:>

e. If yes, explain:

Recyclables will be collected for that purpose.

17. Will the project involve the disposal of solid waste? D Yes M N:>

a. If yes, what is the anticipated rate of disposal? nJa talsImonth.

b. If yes, what is the anticipated site life? nJa years.

18. Will project use herbiddes or pestiddes? D Yes M N:>

19. Will project routinely produce oclors (more than one hour per day)? D Yes M N:>

20. Will project procluce cperating noise exceeding the IocaJ ambient noise levels? D Yes:;zj N:>

21. Will project result in an increase in energy use? ~ Yes D N:>

If yes, indicate type(s)

electricity, heating fuel & cooking

Page 5 of 15

I

23. Total an'i9ipated water usage per day 1500 gallcJns1day.

24. Does pr~ed involve Local, State or Federal funding? 0 Yes M f\b

If yes, explain:

nJa

25. AppIUllals Required:

City, TCMIn, Village Board o Yes

Twe Submit1aJ Date

City, TCMIn, Village Planning Board [;ZJ Yes LJ f\b Site Plan 1-5-12

City, TCMIn Zoning Board U Yes

City, County Health Department ~ Yes LJ f\b Sewage Treatment Plant TBD

Other Loca1 Agencies ~ Yes o f\b County Planning 239 Referral

Other REJ9a1aI Agencies o Yes

Slate Agencies ~ Yes Stream Disturbance TBD

SPDES (Form D)

Federal Agencies ~ Yes U f\b Stream Disturbance TBD

Joint Permit w/ NYSDEC

C. ZONING AND PLANNING INFORMATION 1. Does proposed action invdve a planning or zoning decision? ~ Yes 0 f\b

If Yes, indicate decision required:

LJ Zoingamerrlnent o Zoning variance C New/revision of master plan o Subdivision ~

~ Siteplan o Spedal use pennit Un Resource management plan U Other

2. \Nhat is the zoning dassification(s) of the site?! HM (mixed use) ~ IL _

Page 6of 15

----------------

-----------------------------

, nJa - existing site is preexisting non-conforming site that does not meet the current zoning standards

4. What is the proposed zoning of the site?,---. --,

I nla - no clunge proposed


I

Ii nJa

6. Is the proposed action consistent with the recommended uses in adopted local land use plans? ~ Yes

7. \I\Ihat are the predominant land use(s) and zoning dassifications within a 1/4 mile radius of proposed action?

I

IHamlet mixed use, rural conservation, Hamlet residential, rural residential

8. Is the proposed action compatible with adjoining/surrounding land uses with a 1/4 mile? DI\b 9. If the proposed action is the subdivision of land, how many lots are proposed? nJa

a. \I\Ihat is the minimum lot size proposed? nJa

10. Will proposed action reqUire any authorization(s) for the formation of sewer or water districts? D Yes ~ I\b I I

1 -----


o Yes ~ !'b

a. If yes, is existing capacity suffident to handle projected demand? D Yes D I\b

i nJa

12. Will the proposed action result in the generation of traffic significantly above present levels? LJ Yes ~ I\b a. If yes, is the existing road network adequate to handle the additional traffic. M Yes UN:>

D. INFORMATIONAL DETAILS Attach any additional information as may be needed to darify your project. If there are or may be any adverse impacts associated with your proposal, please discuss such impacts and the measures which you propose to mitigate or avoid them.

E. VERIFICATION I certify that the information provided above is true to the best of my knowledge.

Applicant/Sponsor Name D31e 1/5/2012

Signature Title Surveyor for Applicant

If the action is in the Coastal Area ency, complete the Coastal Assessment Form before proceeding with this assessment.

Page 7of 15

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 ancVor 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. Theydo not constitute an exhaustive list ci impacts and 1hresholds to answeream question. The numberof 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 An&Ner eam of the 20 questions in PART 2. An&Ner 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 or2) 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 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 ci the impact1hen consider1he 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 CXJIumn 3. A No response indicates that such a reduction is not possible. This must be explained in Part 3.

1 2 3 Small to Potential Can Impact Be

Moderate Large Mitigated by IMPACT ON LAND Impact Impact Prqect01ange

1. WiIl1he Proposed Action result in a physical d1ange to the project site?

I'OM YESD Examples that INOUId apply to CXJIumn 2

Any construction on slopes of 15% or greater, (15 foot rise per 100 foot of length), or where the general slopes in the project area exceed 10"/0.

D D D YEE UN:>

Construction on land where the depth to the water table is less than 3 feet. 0 0 U YEE LJ N:>

Construction of paved parking area for 1,000 or more vehicles. 0 0 ~ YEE iI N:>LJ

Construction on land where bedrock is exposed or generally within 3 feet of existing ground surface.

Construction that will continue for more than 1 year or involve more than one phase or s1age.

0

0

0

0

U YEE

U YEE

I N:>LJ

U N:>

Excavation for mining purposes that would remove more than 1,000 tons of natural material (Le., rcx::k or soil) per year.

0 0 U YEE U N:>

Construction or expansion of a sanitary landfill. nLJ 0 LJ YEE 0 N:>

Construction in a designated fIoodway.

Other impacts:

c---]

LJ ~

LJ

0 0

LJ YEE

o YEE

ON:>

ON:>

2. Will there be an effect to any unique or unusual land forms found on the site? (I.e., cliffs, dunes, geological formations, etc.)

[;2J1'O LJYES Specific land forms: o o D Yes 0 N:>

r I

~--------------------------------------------

SrnaJI10 Potential CanlmpadBe Moderate Large Mitigated by

IMPACT ON WATER Irrpad Impact Prqec:t 01ange

3. Will Proposed Action affect any water bocly designated as protected? (Under Articles 15, 24, 25 of the Environmental ConseNation Law. Eel)

DI'D MYES Examples that would apply to ooIumn 2 Developable area of site contains a protected water body.

Dredging more than 1 00 a.Jbic yards of material from channel of a protected stream.

Extension of utility distribution fadlities through a protected water body.

Construction in a designated freshwater or tidal wetland.

M 0 0 0

D D 0 U

Dyes

Dyes

Dyes

Dyes

D N:>

D N:>

D N:>

0 N:>

Olherimpads: 0 0 Dyes D N:>

4. Will Proposed Action affect any non-protected existing or new body of water?

MI'D DYES Examples that would apply to column 2

A 10% increase or decrease in the surfaoe area of any body of \N8ter or more than a 10 acre increase or decrease.

D 0 Dyes LJ N:>

Construction of a body of water that exoeeds 10acres of surfaoe area 0 0 U Yes D N:>

Other impacts: D U U Yes LJ N:>

I I

5. Will Proposed Action affect surface or groundwaterqualilyor quantity? o I'D ~YES


Proposed Action will require a discharge permit

Proposed Action requires use of a source of water that does not have approval to serve prq:x:>sed (project) action. Proposed Action requires water supply from wells with greater than 45 gallons per minute pumping capadty.

~

0

0

0 0

D

C 0 ~i LJ

Yes

Yes

Yes

,~

U N:>

D N:>

~ N:>

Construction or operation causing any contamination of a water supply system. D D u Yes , I LJ N:>

Pr~Action will adversely affect groundwater. D D i : YesL-J U N:>

Uquid effluent will be conveyed off the site to fadlities which presently do not exist or have inadequate capacity.

0 D U Yes II N:>l-.J

Proposed Action would use water in excess of 20,000 gallons per day. D D [] Yes D N:>

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 ,1 00 gallons.

Proposed Action will aJlON residential uses in areas without water ancVor S€NVer services.

D

D

D

D

D

D

U Yes

0 Yes

U Yes

I i N:>LJ

0 N:>

D N:>

Proposed Action locates commercial and/or industrial uses which may require new or expansion of existing waste treatment and/or storage facilities. D D LJ Yes 0 N:>

Other impads: D 0 U Yes i 1

LJ N:>

SrnaJlto Potential Can Impact Be Moderate Large Mitigated by

Impact Impact Prqro:01arlg3

6. Will Proposed Action alter drainage flow or pattems, or surface water run off? ~I'DD YES Examples that would apply to column 2

Proposed Action would change flood waterflcNvs D D D Yes 0 N:>

Propcsed Action may cause substantial erosion. D D D Yes D N:>

Proposed Action is incompatible with existing drainage patterns. D D D Yes D N:>

Proposed Action will allow development in a designated floodway. D D D Yes D N:>

Otherimpads: D U D Yes D N:>

IMPACT ON AIR

7. Will Proposed Action affect air quality? ~ I'D D YES


Prqx>sed Action will induce 1 ,oex:> or more vehicle trips in any given hour. D D Dyes D N:>

Proposed Action will result in the incineration of more than 1 ton of refuse per hour. D D Dyes r-i LJ N:>

Emission rate of total contaminants will exceed 5 100. per hour or a heat D D Dyes D N:> source producing more than 10 million BTU's per hour.

Proposed Action will a1lovv an increase in the amount of land committed D D Dyes LJ N:> to industrial use.

Proposed Action will allow an increase in the density of industrial D D Dyes ,-----;; , LJ N:>

developmentwithin existing industrial areas.

Other impads: D D Dyes LJ N:>

IMPACT ON PLANTS AND ANIMALS

8. Will Proposed Action affect any threatened or endangered species? ~ I'D Examples that woold 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. Removal of any portion of a critical or significant wildlife habitat

D YES

LJ ,----; U

LJ

u

D

D

Yes

Yes

D N:>

D N:>

Application of pesticide or herbicide more than twice a year, other than for agricultural purposes.

Other impacts:

I

l 9. Will Proposed Action substantially affect non-threatened or non-endangered species?

Exafr4:lIes that would apply to column 2

Proposed Action would substantially interfere with any resident or migratory fish, shellfish or wildlife species.

Proposed Action requires the removal of more than 10 acres of mature forest (over 100 years of age) or other IocaJIy important vegetation.

Other impads:

~ I'D

LJ

D

D

D

LJ

LJ

YES

LJ

u

D

LJ

LJ

D Yes

D Yes

Dyes

YesLJ

U Yes

D N:>

D N:>

D N:>

,---, N:>G

U N:>

l i

VI'I ""unlvu... I UI'J'1.... "'''''I'ILJ O.&;;,;;IVVO.VL..;JIIVI r-""" I 8maJlto Potential Can Impact Be Moderate Large Mitigated by

ImpEd Impact Prqect01ang3

10. Will Prqx>sed Action affect agricultural land resources? ~ I'{) DYES Examples that would apply to column 2

The Proposed Action would sever, cross or limit access to agricultural land D D D Yes D l\b (includes cropland, hayfields, pasture, vineyard, orchard, etc.)

Construction activity \NOuld excavate or compact the soil profile of agricultural land. D D D Yes D l\b The Proposed Action would irreversibly convert more than 10 acres of agricultural D D D Yes LJ l\b land or, if located in an Agricultural District, more than 2.5 acres of agricultural land.

The Proposed Action would disrupt or prevent installation of agricultural land D D D Yes D l\b management systems (e.g., subsurface drain lines, outlet ditches, strip cropping); or create a need for sud1 measures (e.g. cause a farm field to drain pooI1y due to increased runoff).

Other impacts: 0 LJ D Yes Dl\b

IMPACT ON AESTHETIC RESOURCES

11. Will Proposed Action affect aesthetic resources? (If necessary, use the Visual EAF Addendum in Section 617.20, Appendix 8.)

~I'{) DYES Examples that would apply to column 2 Proposed land uses, orproject components obviously different from or in shaJP contrast to current surrounding land use patterns, whether man-made or natural. Proposed land uses, or project components visible to users of 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 significant screening of scenic views known to be important to the area.

Other impacts:

u D

U

~ LJ

U

0

U

LJ

[J Yes

LJ Yes

r---' u Yes

U Yes

LJ l\b

U l\b

LJ l\b

LJ l\b

I J

IMPACT ON HISTORIC AND ARCHAEOLOGICAL RESOURCES

12. Will Proposed Action impact any site or structure of historic, prehistoric or paleontological imJX)l1ance?

Exan1JIes that would apply to column 2 Proposed Action occurring wholly or partially within or substantially contiguous to any fadlity or site listed on the State or National Register of historic places.

Any impact to an archaeological site or fossil bed located within the project site.

~

D

D

D

u Yes

' i Yes'------.J

Dl\b

Dl\b Proposed Action will occur in an area desig18.ted as sensitive for ard1aeologicaJ D D LJ YES Dl\b sites on the NYS Site Inventory.

Other impacts: LJ iU LJ Yes LJ l\b

Small 10 Potential Can Impact Be Moderate Large Mitigated by

Impact Impact Project 01anga 13. Will proposed Action affect the quantity or quality of existing or future open spaces

or recreational opportunities?

Examples that would apply to column 2 The permanent foreclosure of a future recreational opportunity. D D D Yes 0 f\b

A major reduction of an open space important to1he community. D D D Yes 0 f\b

Other impacls: D D D Yes U f\b

IMPACT ON CRITICAL ENVIRONMENTAL AREAS

14. Will Proposed Action impact the exceptional or unique characteristics of a critical environmental area (CEA) es1ablished pursuant to subdMsion 6 NYCRR 617.14(g)?

~ f\O D YES Ust the environmental d1araderistics that caused the designatioo of the CEA.II Examples that would apply to column 2

Proposed Action to locate within the CEA?

Proposed Action will result in a reduction in the quantity of 1he resoJrce?

Proposed Action will result in a reduction in the quality of the resource?

Prq:>OSed Action will impactthe use, function or enjoymentof the resource?

Other impacts:

D D

D

D

D

D D

D

D

D

Dyes Dyes

Dyes

Dyes

Dyes

ON:> ON:> ON:>

ON:>

ON:> I

l IMPACT ON TRANSPORTATION

15. Will there be an effect to existing transportation systems? ~ I'D DYES Exarrples that would apply to column 2

Alteration of present pattems of movement of people and/or goods.

Proposed Action will result in major traffic problems.

Other impacts:

LJ II LJ

D

U D nLJ

LJ Yes ON:> U Yes ON:> U Yes ON:>

Small to Potential Can Impact Be IMPACT ON ENERGY Moderate Large M~igated by

Impact Impact Prqed01ange

16. Will Proposed Action affect the community's sources of fuel or energy supply?

iY'1f\O D'fffi Examples that would apply to column 2 Proposed Action IAliIi cause a greater1han 5% increase in 1he use of any form of energy D D U Va:; U I'b in the municipality.

Prq.n;ed Action IAliIi require 1he creatia1 orextensia1 of an energy transmissioo or supply D D D Va:; UI'b system to serve more than 50 single or two family residences or to serve a major oommerdal or industrial use.

Other impacts: D D D Va:; 0 I'b

NOISE AND ODOR IMPACT

1 7. Will there be objectionable odors, noise, or vibration as a result of the Proposed Action?

iY'1 N) DYES Examples that would apply to column 2 Blasting within 1,500 feet of a hospital, school or other sensitive facility. n

LJ

Odors will occur routinely (more than me hour per day). U Proposed Action will produce operating noise eXceeding the local ambient D noise levels for noise outside of structures.

Prqx:xsed Action will reme:Ne natural baIliers that would act as a 0 noise screen. Other impacts: U

1IMPACT ON PUBLIC HEALTH

18. Will Proposed Actim affect public health and safety? iY'1 N)

Proposed Action may cause a risk of explosion or release of hazardous substances (Le. oil" pesticides, d1emicaJs, radiation, etc.) in the event of accident or upset oondilions, or there may be a chronic low level discharge or emission.

Proposed Action may resutt in the burial of "hazardous wastes" in any form (Le. toxic, poisonous, highly reactive, radioactive, irritating, infectious, etc.)

Storage fadlities for me million or more gallons of liquefied natural gas or other flammable liquids. Propooed Action may result in the excavation or other disturbance within 2,CX)()

feet of a s~e used for the disposal of solid or hazardous waste. Other impacts:

Lj

LJ

D

U OVa:;

D OVa:;

nLJ OVa:;

U U Va:;

U U Va:;

U I'b 0 I'b I! I'bLJ

LJ I'b

0 I'b

0 I'b

LJ I'b

0 I'b

0 I'b

U I'b

D

I LJ

D

D

o

D Va:;

LJ Va:;

D Va:;

D Va:;

U Va:;

IMPACT ON GROWTH AND CHARACTER OF COMMUNITY OR NEIGHBORHOOD

19. Will Proposed Action affectthe character of the existing community? iY'1 f\O 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 gl'ON by more than 5 0/0.

The municipal budget for capital expenditures or operating services IAliIi increase by more 1han 5% per year as a result of this project.

! . LJ

,-,

u Va:;

L-J Va:;

0 I'b

0 I'b

GanlmpactBeSrnaJlto Potential Mitigated by Mcx:ferate Large

Prqed01angeImpoci Impact

nnProposed Action will conflict with offidaJly adopted plans or goals. D D LJ Yes LJ f\.b

Proposed Action will cause a change in the density of land use. U D D Yes 0 f\.b

Proposed Action will replace or eliminate existing fadlities, structures or areas of historic D D U Yes 0 f\.b importance to the canmunity. Development will create a demand for additional community selVioes (e.g. schools, D D U Yes U f\.b police and fire, etc.)

Proposed Action will set an important precedent for future projects. D U LJn Yes 0 f\.b

Proposed Action will create or eliminate emplctyment. U D D Yes 0 f\.b

0Iher impacls: D U D Yes LJ f\.b

I I

20. Is there, or is there likely to be, public controversy related to potential adverse environment impacts?

[;2jf\D DYES

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

Part 3 - EVALUATION OF THE IMPORTANCE OF IMPACTS

Responsibility of Lead Agency

Part 3 must be prepared if one or more impact(s) is oonsidered to be potentially large, even if the impact(s) may be mitigated.

Insb1Jctions (If you need more space, attach additional sheets)

Discuss the following for each impact identified in Column 2 of Part 2

1 . Briefly describe the impact.

2. Describe (if applicable) hOM the impact could be mitigated or reduced to a small to moderate impact by project d1ang3(s).

3. Based on the information available, decide if it is reasonable to conclude that this impact is important

To answer the question of importance, consider.

The probability of the impact occurring The duration of the impact Its irreversibility, including permanently lost resources of value \I\klether the impact can or will be controlled The regional consequence of the impact Its potential divergence from local needs and gcaJs \I\klether knoJVn cbjections to the project relate to this impact.

1----------~~--------------------------------

NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Facility DEC ID 3-3726-00089

PERMIT Under the Environmental Conservation Law (EeLJ

l~-------_~=-----;-~';~;~'~-and Facility Information' ----.------J Permit Issued To: Facility: GARRISON STATION PLAZA INC GARRISON STATION PLAZA PO BOX 205 STATION RDI GARRISON, NY 10524-0205 GARRISON, NY

JAMES GUINAN DEPOT SQUARE GARRISON, NY 10524

Facility Location: in PHILIPSTO\VN in PUTNAM COUNTY Village: Garrison Facility Principal Reference Point: NYTM-E: 587.9 NYTM-N: 4581.9

Latitude: 41°23'01.8;' Longitude: 74°56'55.4" Authorized Activity: This pennit authorizes the construction of a rip-rap outfall splash pad along the bed and banks of the Hudson River (Index # H, Class B) in accordance with project plans referenced in Natural Resource Condition #1. Project activities are associated with the approved discharge found within DEC Pennit No. 3-3726-00089/00004 (SPDES No. NY-0274607).

Permit Authorizations

Excavation & Fill in Navigable Waters - Under Article 15, Title 5 Permit ID 3-3726-00089/00005

New Permit Effective Date: 3/ I/20 II Expiration Date: 3/1/2016 Water Quality Certification - Under Section 401 - Clean Water Act Permit ID 3-3726-00089/00006

New Permit Effective Date: 3/1/2011 Expiration Date: 2/1/2016

NYSDEC Approval

By acceptance of this permit, the permittee agrees that the permit is contingent upon strict compliance with the ECL, all applicable regulations, and all conditions included as part of this permit.

Permit Administrator: DANIEL T WHITEHEAD, Deputy Regional Permit Administrator Address: NYSDEC REGION 3 HEADQUARTERS

21 SOUTH pun CORNERS RD NEW PALTZ, NY 12561 -1620

Authorized Signature:

Page I of6

NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Facility DEC II) 3-3726-00089

Distribution List ~ J liS ENVIRONME1\TAL PROTECTION AGENCY REGION 2 US ARIv!Y CORPS OF ENCINLL:RS - NY DISTRICT MEENA GEORGF ERIN L SHIRKEY PUTNAM COUNTY HEALTH DEPARTMENT BADEY & WATSON

Permit Components

NATURAL RESOURCE PERMIT CONDITIONS

WATER QUALITY CERTIFICATION SPECIFIC CONDITION

GENERAL CONDITIONS, APPLY TO ALL AUTHORIZED PERMITS

NOTIFICATION OF OTHER PERMITTEE OBUGATIONS

Permit Attachments

Permit Sign SPDES Permit

NATURAL RESOURCE PERMIT CONDITIONS - Apply to the Following Permits: EXCAVATION &' FILL IN NAVIGABLE WATERS; 'WATER

QUALITY CERTIFICATION

I. Conformance With Plans All activities authorized by this permit must be in strict conformance with the approved plans submitted by the applicant or applicant's agent as part of the permit application. Such approved plans were prepared by Badey & Watson, Surveying & Engineering ,P.c.; titled "Sewage Treatment Plant"; and dated 3/25/2009 (last revised 10/6/2009)..

2. Post Permit Sign The permit sign enclosed with this permit shall be posted in a conspicuous location on the worksite and adequately protected froin the weather.

3. Siltation Prevention Measures Siltation prevention measures, such as silt fencing, sediment traps or settling basins, shall be installed and maintained during the project, to prevent movement of silt and turbid waters from the project site into any watercourse, stream, water body or wetland.

4. Work During Lo'w Tide No work shall occur during periods of high water and wave conditions. No work shall occur during or immediately after a storm, which may cause high water conditions or flooding. All work is to be performed during low tide while the work area is free of water.

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I'iEW YORK STATE DEPARTMENT or ENVIRONMENTAL CONSERVATION Facility DEC lD 3-3726-00089

5. No Equipment in the Water Ileav) equipment operation in the water is prohibited. Rip rap shall not he "dumped" but placed carefully with the use of an excavator or similar heavy equipmcnt. The bucket may enter the water.

6. Invasive Species (Non-native Vegetation) To prevent the unintentional introduction or spread of irnasive species. the permittee must ensure that all construction equipment be cleaned of mud. seeds. \egdation and other debris beforc entcring any approved construction areas within the state regulated fresh~vater wetland or its 100 foot adjacent area.

7. No Work Other Than Authorized Herein No other modifications to the bed or banks of the stream are authorized by this permit.

8. No Interference \Vith Navigation There shall be no unreasonable interference with navigation by the work herein authorized.

9. Precautions Against Contamination of Waters All necessary precautions shall be taken to preclude contamination of any wetland or waterway by suspended solids, sediments, fuels, solvents. lubricants, epoxy coatings, paints, concrete, leachate or any other environmentally deleterious materials associated with the project.

10. State May Require Site Restoration If upon the expiration or revocation of this permit, the project hereby authorized has not been completed, the applicant shall, without expense to the State, and to such extent and in such time and manner as the Department of Environmental Conservation may require, remove all or any portion of the uncompleted structure or fill and restore the site to its former condition. No claim shall be made against the State of New York on account of any such removal or alteration.

11. State Not Liable for Damage The State of New York shall in no case be liable for any damage or injury to the structure or work herein authorized which may be caused by or result from future operations undertaken by the State for the conservation or improvement of navigation, or for other purposes, and no claim or right to compensation shall accrue from any such damage.

12. State May Order Removal or Alteration of Work If future operations by the State of New York require an alteration in the position of the structure or work herein authorized, or if, in the opinion of the Department of Environmental Conservation it shall cause unreasonable obstruction to the free navigation of said waters or flood flows or endanger the health, safety or welfare of the people of the State, or cause loss or destruction of the natural resources of the State, the owner may be ordered by the Department to remove or alter the structural work, obstructions, or hazards caused thereby without expense to the State, and if, upon the expiration or revocation of this permit, the structure, fill, excavation, or other modification of the watercourse hereby authorized shall not be completed, the owners, shall, without expense to the State, and to such extent and in such time and manner as the Department of Environmental Conservation may require, remove all or any portion of the uncompleted structure or fill and restore to its former condition the navigable and flood capacity of the watercourse. No claim shall be made against the State of New York on account of any such removal or alteration.

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NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION hll'ilit~ nEC ID 3-3726-00089

\VATER QUALITY CERTIFICATION SPECIFIC CONDITIONS

J. Water Quality Certification The I\YS Depaltment of Environmental Conservation hereby certifies that the subject project will not contravene effluent limitations or other limitations or standards under Sel:tions 30!, 302, 303, 306 and 307 of the Clean Water Act llf 1977 (PL 95-217) provided that all of the conditions listed herein are met.

GENERAL CONDITIONS - Apply to ALL Authorized Permits:

1. Facility Inspection b.y The Department The permitted site or facility, including relevant records, is subject to inspection at reasonable hours and intervals by an authorized representative of the Department of Environmental Conservation (the Department) to determine whether the permittee is complying with this permit and the ECL. Such representative may order the work suspended pursuant to Eel 71- 030] and SAPA 401(3).

The permittee shall provide a person to accompany the Department's representative during an inspection to the permit area when requested by the Department.

A copy of this permit, including all referenced maps, drawings and special conditions, must be available for inspection by the Department at all times at the project site or facility. Failure toproduce a copy of the permit upon request by a Department representative is a viulation of this permiL.

2. Relationship of this Permit to Other Department Orders and Determinations Unless expressly provided for by the Department, issuance of this permit does not modify, supersede or rescind any order or determination previously issued by the Department or any of the terms, conditions or requirements contained in such order or determination.

3. Applications For Permit Renewals, Modifications or Transfers The permittee must submit a separate written application to the Department for permit renewal, modification or transfer of this permit. Such application must include any forms or supplemental information the Department requires. Any renewal, modification or transfer granted by the Department must be in writing. Submission of applications for permit renewal, modification or transfer are to be submitted to:

Regional Permit Administrator NYSDEC REGION 3 HEADQUARTERS 21 SOUTH PUTT CORNERS RD NEW PALTZ, NYI2561 -1620

4. Submission of Renewal Application The permittee must submit a renewal application at least 30 days before permit expiration for the following permit authorizations: Excavation & Fill in Navigable Waters, Water Quality Certification.

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NEW YORK STATE DEPARTMENT OF ENVIRONl\lENTAL CONSERVATlO1\ Facility DEC ID 3-3726-00089

5. Permit l\lodific.ltioIlS, Suspensions and Revocations by the Department The Department reserves the right to modify, sLlspend oi' revoke this permit. The grounds for modification. suspension or revocation include:

a, 1l1Jteriaily false or inaccurate statements in the perl11it applicatipl1 or supporting papers:

b. faj lure by the permittee to comply with any terms or conditions of the pl:rrnit;

c. exceeding the scope of the project as described in the permit application;

d. newly discovered material information or a material change in environmental conditions, relevant technology or applicable law or regulations since the issuance of the existing permit;

e. noncompliance with previously issued permit conditions, orders of the commissioner, any provisions of the Environmental Conservation Law or regulations of the Department related to the permitted activity.

6. Permit Transfer Permits are transferrable unless specifically prohibited by statute, regulation or another permit condition. Applications for permit transfer should be submitted prior to actual transfer of ownership.

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NEW YOI{K STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION FlIcilit)' DEC ID 3-3726-00089

Hem A: Permittee .\cccpts Legal Responsibility and Agrees to Indemnification The permittee, excepting state Of federal agencies, expressly agrees to indemnify and hold harmless the Department of Environmental Conservation of the State of New York, its representatives, employees, and agents ("DEC") for all claims, suits, actions, and damages, to the extent attributable to the permittee's acts or omissions in connection with the permittee's undertaking of activities in connection with, or operation and maintenance of, the facility or facilities authorized by the permit whether in compliance or not in compliance with the terms and conditions ofthe permit. This indemnification does not extend to any claims, suits, actions, or damages to the extent attributable to DEC's own negligent or intentional acts or omissions, or to any claims, suits, or actions naming the DEC and arising under Article 78 of the New York Civil Practice Laws and Rules or any citizen suit or civil rights provision under federal or state laws.

Item B: Permittee's Contractors to Comply with Permit The permittee is responsible for informing its independent contractors, employees, agents and assigns of their responsibility to comply with this permit, including all special conditions while acting as the permittee's agent with respect to the permitted activities, and such persons shall be subject to the same sanctions for violations of the Environmental Conservation Law as those prescribed for the permittee.

Hem C: Permittee Responsible for Obtaining Other Required Permits The permittee is responsible for obtaining any other permits, approvals, lands, easements and rights-ofway that may be required to carry out the activities that are authorized by this permit.

Item D: No Right to Trespass or Interfere with Riparian Rights This permit does not convey to the permittee any right to trespass upon the lands or interfere with the riparian rights of others in order to perform the permitted work nor does it authorize the impairment of any rights, title, or interest in real or personal property held or vested in a person not a party to the permit.

Item E: SEQR Type I Action, No Significant Impact Under the State Environmental Quality Review Act (SEQR), the project associated with this permit is classified as a Type I Action with Philipstown Town Planning Board designated as the lead agency. It has been determined that the project will not have a significant effect on the environment.

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NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION

State Pollutant Discharge Elimination System (SPDES) ~ DISCHARGE PERMIT s< Inu¥nal Code: 8999 SPDES Number: NY- 0274607 Discharge Class (CL): 02 DEC Number: 3-3726-00089/00004 Toxic Class (TX): N Effective Date (EDP): 3/1/2011 Major Drainage Basin: 13 Expiration Date (ExOP): 3/1/2016 Sub Drainage Basin: 01 Modification Dates:(EOPM) Water Index Number: HR Compact Area:

This SPDES permit is issued in compliance with Title g of Article 17 of the Environmental Conservation Law ofNew Yark State and in compliance with the Clean Water Act, as amended, (33 U.S.c. §1251 et.seq.)(hereinafter referred to as "the Act").'

PERMITTEE NAME AND ADDRESS

Name: Garrison Station Plaza ,Inc Attention:

Street: P.O.BoJ: 205

City: Garrison State: NY Zip Code: 10524 is authorized to discharge from the facility described below:

FACILITY NAME AND ADDRESS

Name: Garrison Station Plaza

Location (C,T,V): PhiJipstown (T) County: Putnam Facility Address: 7 Garrison Landing City: Garrison State: NY Zip Code: 10524

NYTM -E: NYTM - N: From Outfall No.: 001. at Latitude: 41 0 22 ' 53" & Longitude: 73 0 56 I 52 ..

into receiving waters known as: Hudson River Class: B

and; (list other Outfalls, Receiving Waters & Water Classifications)

in accordance with: effiuentlimitations; monitoring and reporting requirements; other provisions and conditions set forth this permit; and 6 NYCRR Part 750-1.2(a) and 750-2.

DISCHARGE MONITORING REPORT (DMR) MAILING ADDRESS

Mailing Name: Street: City: Stale: NY Zip Code: Responsible Official or Agent: Phone:

This permit and the authorization to discharge shall expire on midnight of the expiration date shown above and the permittee shall not discharge after the expiration date unless this permit has been renewed. or extended pursuant to law. To be authorized to discharge beyond the expiration date, the permittee shall apply for permit renewal not less than 180 days prior to the expiration date shown above.

DISTRII3UTlON

Division ofEnv. Permits - Region 3, New Paltz M. George - Water, Region 3, White Plains RWEIE. Shirkey. - Water. Region 3, White Plains C. Jamison - Bureau of Water Permits. Albany (3505) Putnam County Health Department EPA Region II - Jeffrey Gratz

Permit Administrator: Daniel T. Whitehead

Address: 21 South Putt Comers Road New Paltz, New York 12561

IDale I}e; ~h~~~ ~.

SPDES PERMIT NUMBER NY -0274607 Page 2 of 6 - 3/1/2011

PERMIT LIMITS, LEVELS AND MONITORING DEFINITIONS

WASTEWATER TYPEOUTFALL

This cell describes the type of wastewater authorized for discharge. Examples include process or sanitary wastewater, storm water, non-contact cooling water.

MINIMUMPARAMETER

RECEIVING WATER

This cell lists classified waters of the state to which the listed outfall discharges.

EFFECTIVE

The date this page starts in effect. (e.g. EOP or EOPM)

EXPIRING

The date this page is no longer in effecl (e.g. ExDP)

UNITS SAMPLE FREQ. SAMPLE TYPEMAXIMUM

SU, OF,The minimum level that must be The maximum level that may note.g. pH, TRC, mg/I, etc. maintained at all instants in time. be exceeded at any instant in time. Temperature. D.O.

PRACTICAL QUANTITATION METER

EFFLUENT LIMITPARA· LIM1T(PQL)

Limit types are defined below in For the purposes of compliance Note I. The effluent limit is assessment, the analytical method developed based on the more specified in the permit shall be used stringent of technology-based to monitor the amount of the pollutant standards. required under the Clean in the outfall to this level, provided Water Act, or New York State water that the laboratory analyst has quality standards. The limit has been complied with the specified quality derived based on existing assurance/quality control procedures assumptions and rules. These in the relevant method. Monitoring assumptions include receiving water results that are lower than this level hardness, pH and temperature; rates must be reported, but shall not be of this and other discharges to the used to determine compliance with receiving stream~ etc. If the calculated limit. This -PQL can be assumptions or rules change the neither lowered nor raised without a limit may. after due process and modification of this permit. modification of this permit, change.

ACTION LEVEL

Type lor Type II Action Levels are monitoring requirements. as defined below in Note 2, that trigger additional monitoring and permit review when exceeded.

UNITS

This can include units of flow, pH, mass, Temperature, concentration. Examples include JIg/I, Ibsld, etc.

SAMPLE FREQUENCY

Examples include Daily, 3/week, . weekly, 2/month, monthly, quarterly, 2/yr and yearly.

SAMPLE TYPE

Examples include grab. 24 hour composite and 3 grab samples collected over a 6 hour period,

Note I: DAILY DISCHARGE: The discharge of a pollutant measured during a calendar day or any 24-hour period that reasonably represents the cal~ndar day for the purposes of sampling. For pollutants expressed in units of mass, the 'daily discharge' is calculated as the total mass of the pollutant discharged over the day. For pollutants with limitations expressed in other units of measurement, the 'daily discharge' is ..alculated as the average measurement of the pollutant over the day. DAILY MAX: The highest allowable daily discharge. DAILY MIN: The lowest allowable daily discharge. MONTHLY AVG (daily avg): The highest allowable average of daily discharges over a calendar l11onth, calculated as the sum of each of the daily discharges measured during a calendar month divided by the number ofdaily discharges measured during that month. RANGE: The minimum and maximum instantaneous measurements for the reporting period must remain between the two values shown. 7 DAY ARImMETIC MEAN (7 day average): The highest allowable average of daily discharges over a calendar week. 12 MRA (twelve month rolling avg): The average of the most recent twelve month's monthly averages. 30 DAY GEOMETRIC MEAN (30 d geo mean): The highest allowable geometric mean ofdaily discharges over a calendar month, calculated as the antilog of: the sum of the log ofeach of the daily discharges measured during a calendar month divided by the numher of daily discharges measured during that month. 7 DAY GEOMETRIC MEAN (7 d geo mean): The highest allowable geometric mean ofdaily discharges over a calendar week.

Note 2: ACTION LEVELS: Routine Action Level monitoring results, ifnot provided for on the Discharge Monitoring Report (DMR) form, shall be appcnded to the DMR for the period during which the sampling was conducted. If the additional monitoring requirement is triggered as noted below. the permittee shall undertake a shortcterm. high-intensity monitoring program for the parameter(s). Samples identical to those required for routine monitoring purposes shall be taken on each of at least three consecutive operating and discharging days and analyzed. Results shall be expressed in terms of both concentration and mass, and shall be submitted no later than the end'ofthe third month following the month when the additional monitoring requirement was triggered. Results may be appended to the OMR or transmitted under separate cover to the same address. Iflevels higher than the Action Levels are confirmed, the permit may be reopened by the Department for consideration of revised Action Levels or effluent limits. The permittee is not authorized to discharge any of the listed parameters at levels which may cause or contribute to a violation of water quality standards. TYPE I: The additional monitoring requirement is triggered upon receipt by the permittee of any monitoring results in excess ofthe stated Action Le\'el. TYPE II: The additional monitoring requirement is triggered upon receipt by the permittee ofany monitoring results that show the stated action level exceeded for four of six consecutive samples, or for two of six consecutive samples by 20 % or more, or for anyone sample by 50 % or more.

SPDES PERMIT NUMBER NY 0274607 Page 3 of 6 -- 3/1/2011

PERMIT LIMITS, LEVELS AND MONITORING

OUT No.

001

FALL LIMITATIONS APPLY:**

All year unless otherwise noted

PARAMETER EFFLUENT Ll~1T

Type Limit Units

Flow Monthly Avg 750 gpd

BODs

BODs

Solids, Suspended

Solids. Suspended

Solids, Settlcable

pH

Monthly Avg

7 day arithemetic mean

Monthly Avg

7 day arithemetic mean

Daily max

Range

30 mgll

45 mgll

30 mg/I

45 mgll

0.3 mill

6.0-9.0 SU

Effluent Disinfection required: [ ) All Year May I~ 10 October 31 st

30 day geomelric mean

Coliform. Fecal

Coliform, Fecal 7 day geometric mean

Daily max Chlorine, Total Residual

FN

(I)

(I)

(2)

Sample Type Innuent

Totalizer X

X

X

Grab

Grab

Grab

Grab

Grab

Grab

Grab

Grab

Grab

Location

Efnuenl

X

X

X

X

X

X

X

X

X

( X ] Seasonal from

200 No.1 100ml

400 No.1 100mi

0.1 mg/I

RECEIVING WATER

Hudson River

EFFECTIVE

EOI'

MONITORING REQUIREMENTS

Sample Frequency

Inslantancous

4/year

4/year

4/year

4/year

4/year

4/year

4/year

4/year

4/year

EXPIRING

ExDP

FOOTNOTES: (I). And effluent shall not excccd 15% and 15% of influent concentration values for 8005& TSS respectively. (2 . If chlorine is used for disinfection

** Pelmittee shall submit an approvablc plans/ specifications to Putnam County Health before any discharge authorized by this

pennit may begin.


DISCHARGE NOTIFICATION REQUIREMENTS a) The pennittce shall maintain the existing identification signs at all outfalls to surface waters, which have not been waived by the Department in accordance with 17-0815-a. The sign(s) shall be conspicuous, legible and in as close proximity to the point or discharge as is reasonably possible while ensuring the maximum visibility from the surface water and shore. The signs shall be installed in such a manner to pose minimal hazard to navigation, bathing or other water related activities. If the public has access to the water from the land in the vicinity of the outfall, an identical sign shall be posted to be visible from the direction approaching the surface water.

The signs shall have minimum dimensions of eighteen inches by twenty four inches (18" x 24") and shall have white letters on a green background and contain the foHowing information:

. __.'._-----_._-------------------------------------, N.Y.S. PERMITTED DISCHARGE POINT

SPDES PERMIT No.: NY _

OUTFALL No. :__

For information about this permitted discharge contact:

Permittee Name: _

Permittee Contact: ~ _

Permittee Phone: ) - ###-####

OR:

NYSDEC Division of Water Regional Office Address:

NYSDEC Division of Water Regional Phone: ( ) - ###-####

_.. --------------------------------------------' b) For each discharge required to have a sign in accordance with a), the permittee shall provide for public review at a repository

accessible to the public, copies of the Discharge Monitoring Reports (DMRs) as required by the RECORDING, REPORTING AND ADDITIONAL MONITORING REQUIREMENTS page of this permit. This repository shall be open to the public, at a minimum, during normal daytime business hours. The repository may be at the business office repository of the permittee or at an off-premises location of its choice (such location shall be the village, town, city or county clerk's office, the local library or other location as approved by the Department). In accordance with the RECORDING, REPORTING AND ADDITIONAL MONITORING REQUIREMENTS page of your pennit, each DMR shall be maintained on record for a period oftive years.

c) The pennittee shall periodically inspect the outfall identification signs in order to ensure that they are maintained, are still visible and contain information that is current and factually correct.

SPDES PERMIT NUMBER NY 0274607 Page 5 of 6 - 3/1/2011

MONITORING LOCATIONS The pennittee shall take samples and measurements, to comply with the monitoring requirements specified in this permit, at

thc lucation(s) specified below: . j'I~( HESS I'LOW D1M~Ri\M

I

If

I


RECORDING, REPORTING AND ADDITIONAL MONITORING REQUIREMENTS

a) The pennittee shall also refer to 6 NYCRR Part 750-1.2(a) and 750-2 for additional infonnation concerning monitoring and reporting requirements and conditions.

b) The monitoring information required by this pennit shall be summarized, signed and retained for a period of five years from the date of the sampling for subsequent inspection by the Department or its designated agent. Also, monitoring information required by this permit shall be summarized and reported by submitting;

o (if box is checked) completed ~d signed Discharge Monitoring Report (DMR) forms for each _1_ month reporting . period to the locations specified below. Blank forms are available at the Department's Albany office listed below. The first reporting period begins on the effective date of this permit and the reports will be due no later than the 28th day of the month following the end of each reporting period.

o (if box is checked) an annual report to the' Regional Water Engineer at the address specified below. The annual report is due by February I and must summarize information for January to December of the previous year in a format acceptable to the Department. .

o (if box is checked) a monthly "Wastewater Facility Operation Report..." (form 92-15-7) to the: .

D R~gional Water Engineer and/or 0 County Health Department or Environmental Control Agency specified below'

Send a £QQY of each DMR page to:

Department ofEnvironmental Conservation Putnam County Health Department Regional Water Engineer 1 Geneva Road 100 Hillside Ave Brewster, NY 10509 White Plains, NY 10603

Phone: (914)-428-2505

c) Noncompliance with the provisions of this permit shall be reported to the Department as prescribed in 6 NYCRR Part 750-1.2(a) and 750-2. .

d) Monitoring must be conducted according to test procedures approved under 40 CFR Part 136, unless other test procedures have been specified in this permit.

c) I f the permittee monitors any pollutant more frequently than required by the permit, using test procedures approved under 40 CI:R Part 136 or as specified in this pennit, the results of this monitoring shall be included in the calculations and recording of the data on the Discharge Monitoring Reports.

l) Calculation for all limitations which require averaging of measurements shall utilize an arithmetic mean unless otherwise specified in this permit.

g) Unless otherwise specified, all information recorded on the Discharge Monitoring Report shall b~ based upon measurements and sampling carried out during the most recently completed reporting period.

h) Any laboratory test or sample analysis required by this permit for which the State Commissioner of Health issues certificates of approval pursuant to section five hundred two of the Public Health. Law shall be conducted by a laboratory which has been issued a certificate of approval. Inquiries regarding laboratory certification should be sent to the Environmental Laboratory Accreditation Program, New York State Health Department Center for Laboratories and Research, Division ofEnvironmental Sciences, The Nelson A. Rockefeller Empire State Plaza, Albany, New York 12201.

N--"",,1 . \ .__~d' ~,iV

;~~.~

TOWN OF PHILIPSTOWN 238 Main Street PUTNAM COUNTY, NEW YORK Cold Spring, NY, 10516

(845) 265-5202

APPLICAnON FOR WETLANDS PERMIT

Note to Applicant: Submit the completed application to the appropriate permitting authority. The application for Wetlands Permit should be submitted simultaneously with any related application (e.g., subdivision approval, site plan approval, Special Use Permit, etc.), being made to the permitting authority.

(Office Use Only)

Application # 01-... 1/:5 0 ")- Permitting Authority

Received by: ~2{i-,~ Z.B.A.

__ Planning Board

__ Wetlands Inspector

Date

Fee

/0-/9- 1 1

Pursuant to Chapter 93 of the Code of the Town of Philipstown, entitled uFreshwater Wetlands and Watercourse Law of the Town of Philipstown lJ (Wetlands Law), the undersigned hereby applies for a Wetlands Permit to conduct a regulated actiVity in a controlled area.

1. Owner: Name: G-LJ~ A~!J"--,'J)G.=g"",5,,",,,1"c..!./ _

Address: 1(9 b Hoi/ow UtJ; Ai/!.RIJJorJ N1 tOS"d--'1 Telephone: lJo"t7 3""- bq3q

2. Agent: Name: G(3;/O((ff>t!: BUR.(-rlJiGR.£ (Applicant must be owner of the land. The Application may be managed by an authorized agent of such person possessing a notarized letter of consent from the owner.)

3/ Name of Agent

If Corporation, give names of officers:bt=o/!..-.&F: 1Zvr<.~.r;;R!i:-'YhCriJj;;t?1fi[;W.v mWll)ifL1Af/

3. Location of Proposed Activity: Ih F'ox f.hlfw... f,.,1rNfi. 6!t-fLRLSor.f IVy /o5'"/b

Tax Map No.: 7 J -. - ::l-/7

Acreage of Controlled Area Affected: •r 4. Type of Activity: (See list of regulated activities) .

A) bt---A-pil\.6-A.u.b R'St0Lf&L 61- SOl/. 2jCONsrP-U0leJ Or tiI~ S.,..RV CTl-'B..f: ('f>M.4SF) 2-- C-Ae., CJ-... $T01U1' NO (J/.JJ,vI/Jit./&

5. Other permit(s) required and agency or agencies responsible for granting such permits such as but not limited to P.C.B.O.H, N.Y.D.E.C, Army Core of Engineers, EPA, DOT, BUilding Dept. Planning Board, and Z.B.A.


a. A detailed description of the proposed activity and a comparison of the activity to the criteria for approval specified in §93-8 of the Wetlands Law. (See below)



__ 1. The controlled area(s) wetland buffer zone 100 feet from the edge of any wetlands, lakes, ponds or streams on the site;


3. The location, extent, and nature of the proposed activity.

D. The names of claimants of water rights in the wetland or watercourse of whom the applicant has record notice and the names and addresses of all owners of record of properties abutting and directly across from the proposed activity as shown on the latest tax record.

(Note: Any map, plat or plan showing the above information that is required to be submitted for any other permit or approval in connection with the regulated activity, and that is acceptable to the Permitting Authority, may be used.)

Signature of Applicant:

~,#etL(p~

rv~ ~l) TOWN OF PHILIPSTOWN 238 Main Street PUTNAM COUNTY, NEW YORK Cold Spring, NY, 10516

(845) 265·5202


Note to Applicant: Submit the completed application to the appropriate permitting authority. The application for Wetlands Permit should be submitted simultaneously with any related application (e.g., subdivision approval, site plan approval, Special Use Permit. etc.), being made to the permitting authority.

(Office Use Only)

Application # Lo i! I ) J {) it Permitting Authority

Received by: Z.B.A.

Date I 0 ~;J,O - / ! __ Planning Board

__ Wetlands Inspector Fee


1. Owner: Name: . tliOf/1t:1 ('60PtR

Address: _-----'S"--·~·J"'------'-l-'~-'-I'--'It~/'-'/'__7_"'~'_'.~_·__/-=:.>,--?Ii?_,,"..=c.()...='..:..::<"'---_/'-~_·'1,..=)____f/---=6"---'-,"'..:.:I?"-~-,'./_,,,~,,-,'Q<=./ .,.v/ / 0 r 2 y

Telephone: 9/7r

/./ /) /72. Agent: Name: <' ,,-r(t'flLld r· L4M

(Applicant must be owner of the land. The Application may be managed by an authorized agent of such person possessing a notarized letter of consent from the owner.)

3/ Name of Agent


Mailing Address: ~O 6,/x

Telephone: _----<,::;..((_.yf'.-J.)_-_---.L.7=0c..::5"---_~Y'_'· /.:...:'f=......."Z=- _

3. Location of Proposed Activity: .t-:1 eriN. Ir?~ {'" /.J,:;J-oo I( ~v

lo I .. ~-SOTax Map N0.: =--_-=---=::..= _

Acreage of Controlled Area Affected:

4. Type of Activity: (See list of regulated activities)

5. Other permit(s) required and agency or agencies responsible for granting such permits such as but not limited to P.C.B.O.H, N.V.D.E.C, Army Core of Engineers, EPA, DOT, Building Dept. Planning Board, and Z.BA





1. The controlled area(s) wetland buffer zone 100 feet from the edge of any wetlands, lakes, ponds or streams on the site;





Date: _,-/~od,--.J..,L-0_/_/ _

Signature of APPlica~

,?/7~/-

PHOTO 1 SHOWING WASHED OUT DRIVEWAY CROSSING FROM DOWNSTREAM

PHOTO 2 SHOWING TEMPORARY FOOTBRIDGE OVER WASHED OUT DRIVEWAY CROSSING

PHOTO 3 SHOWING WASHED OUT DRIVEWAY CROSSING FROM UPSTREAM

STATE OF NEW YORK 2 011 FIN A LAS S E SSM E N T R 0 L L PAGE 801 COUNTY - Putnam T A X A B L E SECTION OF THE ROLL - 1 VALUATION DATE-JUL 01, 2010 TOWN - Philipstown TAXABLE STATUS DATE-MAR 01, 2011 SWIS - 372689 TAX MAP NUMBER SEQUENCE

UNIFORM PERCENT OF VALUE IS 048.40

TAX MAP PARCEL NUMBER PROPERTY LOCATION & CLASS ASSESSMENT EXEMPTION CODE------------------COUNTY--------TOWN------SCHOOL CURRENT OWNERS NAME SCHOOL DISTRICT LAND TAX DESCRIPTION TAXABLE VALUE CURRENT OWNERS ADDRESS PARCEL SIZE/GRID COORD TOTAL SPECIAL DISTRICTS ACCOUNT NO. ******************************************************************************************************* 61.-3-48 *******************

37 Philipse Brook Rd 089275 61.-3-48 210 1 Family Res STAR B 41854 0 o o 27,180 Culp Robert Garrison Union 372604 70,200 COUNTY TAXABLE VALUE 400,000 Linares Vivian Land & Residence 400,000 TOWN TAXABLE VALUE 400,000 37 Philipse Brook Rd 000500000000000000304 SCHOOL TAXABLE VALUE 372,820 Garrison, NY 10524 52-4-5.1 FD013 Fire #1 400,000 TO

FRNT 50.00 DPTH ACRES 3.04 EAST-0655780 NRTH-0931634 DEED BOOK 1864 PG-463 FULL MARKET VALUE 826,446

******************************************************************************************************* 61.-3-49 *******************

41 Philipse Brook Rd 080550 61. -3-49 210 1 Family Res . COUNTY TAXABLE VALUE 338,800 Gaertner Michael Garrison Union 372604 71,800 TOWN TAXABLE VALUE 338,800 Lawson Rebecca Land & Res 338,800 SCHOOL TAXABLE VALUE 338,800 41 Philipse Brook Rd 005100000000000000336 FDOl3 Fire #1 338,800 TO Garrison, NY 10524 52-4-6


******************************************************************************************************* 61.-3-50 *******************

53 Philipse Brook Rd 079525 61.-3-50 210 1 Family Res COUNTY TAXABLE VALUE 290,400 Cooper Michael D Garrison Union 372604 62,600 TOWN TAXABLE VALUE 290,400 Ploughshare properties LLC Land & Residence 290,400 SCHOOL TAXABLE VALUE 290,400 511 Avenue of the Americas Rm 003500000000000000188 FDOl3 Fire #1 290,400 TO New York, NY 10011 52-4-5.2


******************************************************************************************************* 61.-3-51 *******************

67 Philipse Brook Rd 082785 61.-3-51 210 1 Family Res STAR B 41854 0 o o 27,180 Davis Howard Garrison Union 372604 71,900 COUNTY TAXABLE VALUE 534,690 Davis Randi Land & Residence 534,690 TOWN TAXABLE VALUE 534,690 67 Philipse Brook Rd 003220000000000000338 SCHOOL TAXABLE VALUE 507,510 Garrison, NY 10524 52-4-3.12 FD013 Fire #1 534,690 TO


******* .. ***************************************************** *******************************************************************~

STATE OF NEW YORK 2011 FINAL ASSESSMENT ROLL PAGE 804 COUNTY - Putnam T A X A B L E SECTION OF THE ROLL - 1 VALUATION DATE-JUL 01, 2010 TOWN - Philipstown TAXABLE STATUS DATE-MAR 01, 2011 SWIS - 372689 TAX MAP NUMBER SEQUENCE


TAX MAP PARCEL NUMBER PROPERTY LOCATION & CLASS ASSESSMENT EXEMPTION CODE------------------COUNTY--------TOWN------SCHOOL CURRENT OWNERS NAME SCHOOL DISTRICT LAND TAX DESCRIPTION TAXABLE VALUE CURRENT OWNERS ADDRESS PARCEL SIZE/GRID COORD TOTAL SPECIAL DISTRICTS ACCOUNT NO. ******************************************************************************************************* 61.-3-61.1 *****************

40 Coyote Rise 61. -3-61.1 240 Rural res COUNTY TAXABLE VALUE 449,370 Frazier Julia R Garrison Union 372604 122,000 TOWN TAXABLE VALUE 449,370 40 Coyote Rise Land & Residence 449,370 SCHOOL TAXABLE VALUE 449,370 Garrison, NY 10524 ACRES 16.73 FD013 Fire #1 449,370 TO

EAST-0654692 NRTH-0931851 DEED BOOK 1571 PG-195 FULL MARKET VALUE 928,450

******************************************************************************************************* 61.-3-61.2 *****************

72 Frazier Rd 61. -3-61. 2 210 1 Family Res COUNTY TAXABLE VALUE 444,800 Hansen Christopher J Garrison Union 372604 79,900 TOWN TAXABLE VALUE 444,800 Hansen Jennifer R Land & Res 444,800 SCHOOL TAXABLE VALUE 444,800 72 Frazier Rd ACRES 6.42 FD013 Fire #1 444,800 TO Garrison, NY 10524 EAST-0654352 NRTH-0932368

DEED BOOK 1801 PG-452 FULL MARKET VALUE 919,008

******************************************************************************************************* 61.-3-61.3 *****************

Phil ipse Brook Rd 61.-3-61.3 314 Rural vac<10 COUNTY TAXABLE VALUE 70,700 Goodstein Geoffrey Garrison Union 372604 70,700 TOWN TAXABLE VALUE 70,700 211 East 46Th St Land 70,700 SCHOOL TAXABLE VALUE 70,700 New York, NY 10017 ACRES 6.83 FD013 Fire #1 70,700 TO

EAST-0653601 NRTH-0932794 DEED BOOK 1646 PG-199 FULL MARKET VALUE 146,074

******************************************************************************************************* 61.-3-62 *******************

58 Phil ipse Brook Rd 61.-3-62 210 1 Family Res COUNTY TAXABLE VALUE 607,610 Magnusson-Rosario Stephen Garrison Union 372604 71,600 TOWN TAXABLE VALUE 607,610 Magnusson-Rosario Linda A Land & Residence 607,610 SCHOOL TAXABLE VALUE 607,610 58 Philipse Brook Rd 007460000000000000331 FD013 Fire #1 607,610 TO Garrison, NY 10524 52-2-8.22


******************************************************************************************************* 61.-3-63 *******************

44 Phil ipse Brook Rd 61.-3-63 210 1 Family Res COUNTY TAXABLE VALUE 407,600 Christianson Robert W Garrison Union 372604 61,800 TOWN TAXABLE VALUE 407,600 Blair Jean Land & Residence 407,600 SCHOOL TAXABLE VALUE 407,600 44 Phil ipse Brook Rd 004120000000000000184 FD013 Fire #1 407,600 TO Garrison, NY 10524 52-2-8.21


STATE OF NEW YORK 201 1 FIN A LAS S E SSM E N T R 0 L L PAGE 799 COUNTY - Putnam T A X A B L E SECTION OF THE ROLL - 1 VALUATION DATE-JUL 01, 2010 TOWN - Philips town TAXABLE STATUS DATE-MAR 01, 2011 SWIS - 372689 TAX MAP NUMBER SEQUENCE


TAX MAP PARCEL NUMBER PROPERTY LOCATION & CLASS ASSESSMENT EXEMPTION CODE------------------COUNTY--------TOWN------SCHOOL CURRENT OWNERS NAME SCHOOL DISTRICT LAND TAX DESCRIPTION TAXABLE VALUE CURRENT OWNERS ADDRESS PARCEL SIZE/GRID COORD TOTAL SPECIAL DISTRICTS ACCOUNT NO. ******************************************************************************************************* 61.-3-42 *******************

127 Travis Corners Rd 084705 61. -3-42 210 1 Family Res COUNTY TAXABLE VALUE 444,690 Taylor Bruce W Garrison Union 372604 62,500 TOWN TAXABLE VALUE 444,690 Taylor Beverly J Land & Residence 444,690 SCHOOL TAXABLE VALUE 444,690 127 Travis Corners Rd 003450000000000000350 FD013 Fire #l 444,690 TO Garrison, NY 10524 52-4-10.2


******************************************************************************************************* 61.-3-43.1 *****************

741 Old Albany Post Rd 61.-3-43.1 240 Rural res COUNTY TAXABLE VALUE 1580,375 Davis Christopher C Garrison Union 372604 550,000 TOWN TAXABLE VALUE 1580,375 Davis Sharon S Land & Residence 1580,375 SCHOOL TAXABLE VALUE 1580,375 9 East 81St St ACRES 27.32 FD013 Fire #1 1580,375 TO New York, NY 10028 EAST-0656192 NRTH-0931361

DEED BOOK 1285 PG-15 FULL MARKET VALUE 3265,238

******************************************************************************************************* 61.-3-43.2 .*****************

137 Travis Corners Rd 61.-3-43.2 210 1 Family Res STAR B 41854 0 o o 27,180 Jordan Paula Susan Garrison Union 372604 58,300 COUNTY TAXABLE VALUE 348,130 137 Travis Corners Rd Land & Residence 348,130 TOWN TAXABLE VALUE 348,130 Garrison, NY 10524 ACRES 2.65 SCHOOL TAXABLE VALUE 320,950

EAST-0656236 NRTH-0931035 FD013 Fire #1 348,130 TO DEED BOOK 1213 PG-43 FULL MARKET VALUE 719,277

******************************************************************************************************* 61.-3-44 *******************

755 Old Albany Post Rd 61. -3-44 314 Rural vac<10 COUNTY TAXABLE VALUE 20,000 Weisberg Jacob Garrison Union 372604 20,000 TOWN TAXABLE VALUE 20,000 Needleman Deborah Land 20,000 SCHOOL TAXABLE VALUE 20,000 761 Old Ablany Post Rd 002030000000000000155 FD013 Fire #1 20,000 TO Garrison, NY 10524 52-4-10.12

FRNT 203.00 DPTH ACRES 1. 55 EAST-0656677 NRTH-0931735 DEED BOOK 1290 PG-30 FULL MARKET VALUE 41,322

************************************************************************************************************************************

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(845) 265·5202


Note to Applicant: Submit the completed application to the appropriate permitting authority. The application for Wetlands Permit should be submitted simultaneously with any related application (e.g., subdivision approval, site plan approval, Special Use Permit, etc.), being made to the permitting authority.

(Office Use Only)

Application 1# '0L-II- du9 Permitting Authority

Received by: m e,)L..., Z.B.A.

Date \\-76,- \ \ __ Planning Board

Fee ":::.r<-eoe. StrCY") __ Wetlands Inspector

N6 C1L~~':3e-.


1. Owner: Name: GdR-I</Sol'L/ 6-0 '-..,,,:- CL-Lt6

Address: P cJ, Box Jr& , :2..0/,5- f(ouTt: 9'. UAI<I'(UcJ#</ ~J;/ Io..r"<jJ ,

Telephone: Brs- 92 y ~7 y7 2. Agent: Name: ffiClldt:? ,;:::: t.?&tg I~ ~.

(Applicant must be owner of the land. The Application ~ay be managed by an authorized agent of such person possessing a notarized letter of consent from the owner.)

3/ Name of Agent


Mailing Address: [~o 13 V,l< I' Q

Telephone: _-,8..::-!.Y-"S-~---=Z--:6-=--=S-_-----.L$/-...L/--,"..s-....... _<.~

3. Location of Proposed Activity: ;LO/s:- t'<OUTl: 57

Tax Map No.: 60, -I - .s-?> £.

Acreage of Controlled Area Affected: _-----"2'---- _

4. Type of Activity: (See list of regulated activities) ,

5. Other permit(s) required and agency or agencies responsible for granting such permits such as but not limited to P.C.B.O.H, N.Y.D.E.C, Army Core of Engineers, EPA, DOT, Building Dept. Planning Board, and Z.B.A.

pfS Dt;;(' _-------IQ(A/~_Af?~tI ("A ~"A.I ~ _





1. The controlled area(s) wetland buffer zone 100 feet from the edge of any wetlands, lakes. ponds or streams on the site;





Date: -!'~/,-- _

NYS DEPARTMENT OF ENVIRONMENTAL CONSERVATION Application for General Permit GP-O-11-007 Autholl"izaltio!l1

Pursuant to Environmental Conservation Law Article 70 ::::om lete all fields marked with an asterisk

DEC Permit No.

*Name of Permittee/Applicant: Contact: C.AIt.tl. CSOV' ?If..Op~nc-..s I.. LC-Address" 01.5 ~ T. '1

*City .

County

6 NYCRR 608: Article 15, Title 5: Protection of Water 6 NYCRR 663: Article 24 Freshwater Wetlands

, 6 NYCRR 608: Water Quality Certification. '-

iff.,. ~III~ (J~p" "'~IfJ.Jt.t . R.Cf"tA~,-,n I<l~,t B~~d.f(. t:1V<-I" g~ gorl1,. "Ja1oJ.....J:~("'fIu.<.~ 1(/.c! ..

.:{o,1- •

tts-:-rr;o J) q '1-3 * State ~ zip/o~z

• Authorization Type

'Project Description:

d'

f.';tl. :I.~~tIr~=;,!t~t:s..'J:~~1t,:t;{~_ .tp~~~~~:"" I~~ IV) ~ 10"0''''', S ~ SP,e;",...J. riM I f1I" I'~ sr, J...... Installation or repair of rock rip-rap or other permanent streambank stabilization measures.

Stream channel restoration (including excavation/removal of sand, gravel and bedrock and the use of temporary coffer dams and fill) to pre-flood depth. width, gradient and channel character matching the stable stream channel upstream and downstream of the project area in order to' protect or restore structures such as roads. utility lines, bridges, houses and other pre-existing buildings. Debris (trees, logs, stumps, brush, trash, metal, concrete) removal. Bridge or culvert replacement or repair.

Certification: I have read this permit and will construct and operate this project in strict compliance with the approved plans and terms and conditions of this permit as well as the Environmental Conservation Law and applicable regulations. I understand that any false or inaccurate statements made in the application for this permit are punishable as Class A misdemeanor. As a condition of this permit, I accept full legal responsibility for all damage, direct or indir t, ver nature, and by whomever suffered, arising out of the project described herein and agree to indem .' the state from suits, actions, damages, and costs of every name and description resulting from this project. CJ;1'1;1'

tU9:.:tD~=T;VE NAMClf~ 7DRESS :21

AUTHORIZED NYSDEC SIGNATURE

Attac.bments

'~~neral Permit ~Special Conditions , eneral Conditions o Project Drawings

Date

S p,.,t:t-~ «,dr

j./W Idr2DATE

ttl/'ll n cc: 0 Regional DEP 0 CaE

0 Regional Habitat 0 NYCDEP 0 ECO

NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION General Permit Number GP-O-Il-007

Special Conditions FOR ARTICLE 15, 24 and Water Q.uallty Certification

fAn.b uJ 10(11124 ky-r "I tweL A:taJ, ill -z&h:"" W of¥. ~ "no) f.{"w

:J:: $ Q ~ WoeK Mdt....... ...:..

&- ~/tc-- m..... f Iu.

Page 7 of 8

2700 Routs 9, PO Box 160MICHAEL P. CARR, P.E. ColdSpring, New YOit 10516 .d1 w Consulting Engineer Phone: (845) 265-4152 Fax: (845) 265-4154 email: [email protected]

i?

Date: August 4,2011

Wetlands Advisory Board David J. Klotzle Wetlands Inspector, Philipstown, NY 238 Main Street Cold Spring, NY 10516

Reference: Letter of Authorization for Michael P. Carr, P.E. to act as Agent for Request for improvements for the Garrison Golf Club, located at 2015 Route 9, Garrison, NY 10516

This is to inform you that Mr. Michael P. Carr, P.E. is authorized by the Garrison Golf Club to act on our behalf in obtaining a Wetlands Permit and DEC permit for bridge and stream improvements.

DONNA (;,'LlO • NO~RY ::'UBLIC NYS -# 01 GA6024891

QUALIFIED IN DUTCHESS COUNTY COMMISS!ON _~JRES: 5/17//'1

(

------- --- -------

?ROJECT 10 NU'.IBER 6172,) SEQR

APPENDIX C STATE EN\i:ROm.IENTAL QUALITY REflEW

SHORT ENVIRONMENTAL ASSESSMENT FORM for UNLISTED ACTIONS Only

PART 1 - PROJECT INFORMATION ~ To be completed by A plicant or Prciect Sponsor)

, APPLICANT I SPONSOR

6~lYlll' ()(/ (;ot,r ('(. '" ()

3 PROJECT LOCATION' {; ..(1(11{j()141 tlVyl()jZ'1

Municipality Plllt,/".rTO o./~

2. PROJECT NAME

!JIVf)(,~ R.~ PLA Ce;;<,t ~( ! 5m~""

pVT,(/~~Ccurty

4 PRECISE LOCATION Street Addess and Road Intersections. Prominent la~dmarks etc • or grovide mag

dol.(~ , (i.;fi(Ad'Ov ~ I O~-2 Y I ;"tOt. ~ F120.... TitAVIS~o/r

e(.u(,,(/tIU /lfM9o Ne·.v o Expansicn ~ Modificaticr: ; alleral:on 5 \S PROPOSED ACTION:

6 DESCRIBE PROJECT BRIEFLY

Z1{ LoA./ c,. A~IC>t-t' o t./c1'2..t2. c--r> (A C ~ CD(.. LAP,> ED ,

Ph'U! PJ~- a£oOJ<.. ~ Ilt,:J /l Irl t:~C>Pc!),

.>i7<f'?1M tJ,/J,-Vl<.f

7. AMOUNT OF LAND AFFECTED: Initially ~I acres Ultimately , ac;es

e. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER RESTR1CTIONin

DNa If no, describe brieny: lEIYes

9 WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? (Choose as ma~y as apply.)

o Residential o Industrial o Commercial DAgriculture 0 Park I For~stl Open Space RJOttier (describe)

,6oc.r ~,e~£

10. DOES ACTION INVOLVE A PERMIT APPROVAL. OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER AGENCY (Federal, State or Local)

If yes, list agency name and permit I appro"al:DYes ~NO ,

11.00ES ANY ASPECT OF THE ACTION HA'JE A CURRENTLY VALID PERMIT OR APPROVAL? If yes, list agency name and permit I approval:DYes {lgNO

EXISTING PERMIT I APPROVAL REQUIRE MODIFICATION?

es No

I

lG~ A D~LT OF PROPOSED ACTION WILL

CERTIFY THAT THE, INFORMATION PROVIDED ABOVe IS TRUE TO THE BEST OF MY KNOWLEDGE

Applicant I Sponsor Name #CVA'tfC-- /< ~1tR ?:€, Date:

Slgnature______~--

~A~/' W,,#fA

GOVERNMENTAL

"1/l-r;J...

If the action is a Costal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment

The Garrison - 60.-1-59.2 2015 US 9 Garrison, NY 10524

Adjoining Properties: John Sawa, Helen Sawa - 60.-1-58 PO Box 1093 Peekskill, NY 10566

Kenneth B. Parkin, Robin Faltz - 60.-1-59.11 88 Snake Hill Rd Garrison, NY 10524

Arnold Moss, Nancy Abraham - 60.-2-62 232 East 62nd St NY, New York 10021

Garrison Land Dev Corp - 60.-2-64 Attn: Voe1p 8 John Walsh Blvd Ste 411 Peekskill, NY 10566

Friars OfThe Atonement- 60.-2-71.1, 60.-2-71.2, 60.-2-71.3 Attn: Facilities Management PO Box 300 Garrison, NY 10524

Allen E. Harris, Diane M. Harris - 60.-2-76 27 Coleman Rd Garrison, NY 10524

Kimberly Perrone - 60.-2-77,60.-2-80 24 Mynderse St Saugerties, NY 12477

Carl Ranke1 - 60.-2-81 1994 Albany Post Rd Garrison, NY 10524

Louis Lombardo, Ruth Lombardo - 60.-2-83 1988 US 9 Garrison, NY 10524

County Line Equities LLC - 60.-2-84 35 Rodeo Dr Lagrangeville, NY 12540

~ rw 17

MICHAEL P. CARR, P.E. Consulting Engineer

2700 Route 9, PO Box 160 ColdSpring, New Yo,*" 10516 Phone: (845) 265-4152 Fax: (845) 265-4154 email: [email protected]

Date: November 28,2011

Wetlands Advisory Board David J. Klotzle Wetlands Inspector, Philipstown, NY 238 Main Street Cold Spring, NY 10516

Reference: Request for bridge Replacement and stream bank repair permit for the Garrison Golf Club, located at 2015 Route 9, Garrison, NY 10516

Written Outline of Proposed Activity

The Garrison Golf Club wishes to obtain a Wetlands Permit to Replace the northern abutment of the bridge at the seventh hole, and replace the damaged bridge deck. GGC also wishes to obtain a Wetlands Permit to repair the eroded stream banks around the seventh green, and sixth fairway, as shown on the attached plans.

I. The process will proceed as indicated on the attached plans. I.

Should you require any additional information, or have any questions, feel free to contact me at the above listed number.

~~/ Michael P. Carr, P.E.

Response to Criteria for Approval 93-8: The Garrison

1. The activity will not have a substantial adverse effect upon the natural function and benefits of wetland or watercourse as set forth in 93-2B. Response: Affirmative, bridge replacement and bank repair will not adversely affect the wetlands or watercourse (Phillipse Brook). Upon completion, conditions should be returned to storm conditions.

2. The activity will not substantially change the natural channel of a watercourse or substantially inhibit the dynamics of a watercourse system. Response: Affirmative, bridge replacement and bank repair will not adversely affect the natural channel of the watercourse (Phillipse Brook). The channel and flow will be maintained during and after the work.

3. The activity will not result in the degrading or pollution of waters. Response: Affirmative, The watercourse will be protected during the bridge replacement and bank repair with wire backed silt fencing.

4. The activity will not increase the potential for flooding. Response: Affirmative, The bridge replacement and bank repair will not alter flow conditions, and will not increase potential for flooding.

5. Sufficient provision has been made for control of pollution, erosion, siltation and sedimentation during and after conduct of the activity. Response: Affirmative, The stream will be protected from pollution, erosion, and siltation during and after construction by using coffer dams and wire backed silt fencing. Excavation operations will be prohibited during periods of precipitation.

6. No practicable alternative location is available on the subject parcel. Response: Affirmative

7. No additional technical improvements or safeguards can reasonably be added to the plan or activity which would minimize the impact on a controlled area. Response: Affirmative

8. The activity will alleviate or remove a hazard to the public health. Response: Affirmative, bridge replacement and bank repair will maintain the stream's volume and contribute to the stream's ability to regulate flow downstream.

Michael P Carr; PE Consulting Engineer

2

--

PHOTO 1 SHOWING lTNDERMINED AND DISPLACED BRIDGE ABUTMENT

PHOTO 2 SHOWING TEMPORARY BRIDGE OVER COLLAPSED ORIGINAL BRIDGE

Michael P Cart; P E Consulting En~7ineer

3

PHOTO 3 SHOWING WASHED OUT STREAM BANK BELOW EXISTiNG BRIDGE

Michael P Car0 PE Consulting Engineer

4


(845) 265-5202

APPLICATION FOR WETLANPS PERMIT

Note to Applicant: Submit the completed application to the appropriate permitting authority. The application for Wetlands Permit should be submitted simultaneously with any related application (e.g., sUbdivision approval, site plan approval, Special Use Permit, etc.), being made to the permitting authority.

(Office Use Only)

Application # 141b I;<-JI( Permitting Authority

Received by: /-n--j ./o--r-¥«j-<(

__ Z.B.A.

Date !-/I-IL __ Planning Board

Fee ~ d-,}.-.5: ~ __ Wetlands Inspector


L... OV/~ C .J-~NI L AN'Z..A1. Owner: Name: _--=----=_------""~"__=---____'=-._~_ ___'=_~~.J....:.....::......:::...:___.L

Address: _----''=0"'---·_L-N.:.......=f:.~·L.=-=S':....:{./:....:"-"'I_--=L_tt.!-·.::....N~t:'- _

Telephone: g Y' 5" Y2 Y -6// 6

2. Agent: Name: ---- (Applicant must be owner of the land. The Application may be managed by an authorized agent of such person possessing a notarized letter of consent from the owner.)

31 Name of Agent


Mailing Address:

Telephone:

3. Location of Proposed ActiVity:

~7?'/ ~O#··I- ~/'QQTax Map No.:,;;J (.~ CJ I 0 ....

Acreage of Controlled Area Affected: Appru~

4. Type of Activity: (See list of regUlated activIties)

_

_

• !

/fl' .. .-/- <:Ill! 71.2..- 95:/// ~ v &- ,.'L ~

2&l Fr )( Z I=/- W ~ /8 J, ]) f(.~(>

/" r..,l~llllfh~ ~,f Q''''';'~l'tH't? lv,,~/) .,(.I'l.N~.--t.. ~.?t

c: e ..1007 4 ,., r ~.."., ,_, ....,7~ Zi'J'1 w / f J" ~ f2 ~ l.J P<>c- p,p/,'Yy

5. Other pennit(s} required and agency or agencies responsible for granting such pennits such as but not limited to P.C.B.O.H, N.Y.D.E.C, Anny Core of Engineers, EPA, DOT, BUilding Dept. Planning Board, and Z.B.A.



b. A completed short fonn environmental assessment fonn.


1. The controlled area(s} wetland buffer zone 100 feet from the edge of any wetlands, lakes, ponds or streams on the site;



D. The names of claimants of water rights in the wetland or watercourse of whom the applicant has record notice and the names and addresses of all owners of record of properties abutting and directly across from th~pr.Qp()se~ a~vity as shown on the latest tax record.

(Note: Any map, plat or plan s,ho'l!ing the above infonnation ttJat is required to be submitted for any other permit or approval in connection with the regulated activity, arid-that is acceptable to the Permitting Authority, may be used.)

Date:~ Signature of Applicant:

.......;:

January 10, 2012

Louis & Joni Lanza Lanza Farms 60 Nelson Lane Garrison NY 10524

Town of Philipstown, Putnam County NY Wetland Permit - proposed activity description

We are proposing to install a Central Boiler outdoor wood furnace approved by the EPA in tile wetland buffer area. It would be placed on a cement foundation approximately 53 " X 71 " X 6" deep. We would need to excavate a trench with a small bucket machine approximately 250 ft long by 24 inches wide and 18" deep to lay the thermo pex piping. No fill would be brought in or removed from the property. The majority of the excavating would be done in the gravel driveway and dirt road up to the goat barn for minimum impact on the buffer zone.

We propose to store the seasoned wood in a 6' X 8' Fire Wood Shed approximately 5 ft from the wood furnace.

The ash from the wood furnace would be stored in a 55 gallon polyethylene barrel (stored in the wood shed) and be used as a natural fertilizer for the sugar maples on our farm.

Environmental assessment

The activity will have no substantial adverse effect upon the natural function of a wetland or watercourse as set forth in 93-2B

The activity will not substantially change the natural channel of a watercourse or substantially inhibit the dynamics of a watercourse system.

The activity will not result in the degrading or pollution of waters.

The activity will not increase the potential for flooding

No practical alternative location is available on the subject parcel

p.1 6463428544Jan 101201 :56p joni

List of Adjoiners to Lanza Property

Mr. and Mrs. Warfield 59 Y2 Wyckoff Street Brooklyn, NY 11201 60.18-1-54

John Haines 44 Nelson Lane Garrison, NY 10524 60.12-1-52

David Brower 50 Beckwith Lane Garrison, NY 10524 71.-2-95.2

Garrison Union Free School Route 9D Garrison, NY 10524 71.-2-23

-----

--

Door. . . . . . . . .. '"

Firebox

Weight

Water Capacity

8-H r Output Rating

12-Hr Output Rating

Manufacturer's Rated Heat Output Capacity

'

x 28.5" H

36" Lx 43.5" H x 26" W

2,925 Ibs.

340 Gallons

186,000 Btu/hr*

125,000 Btu/hr

250,000 Btu/hr*

, ~

: 150,g.,J; """ i c

~:~!

c - f-_. - f

..... / -....

28 24 20 16 12 8 4 0 co 36 32 28 24 20 16 12 8 4

Door. . .. ..

Firebox. . . . . . . . . . . . . . . . ..

Weight

Water Capacity

8-Hr Output Rating

12-Hr Output Rating


How Btu Output Affects Burn Time

. 22.5" W 28.5" H

40" L x 48" H x 30" W

3,240 Ibs.

410 Gallons

262,000 Btu/hr*

175,000 Btu/hr

306,000 Btu/hr*

E-Classic 1400 E-Classic 2400 E·Classic 3200 VI

8-hour output rating: 186,453 Btu/hr 'tl c 8-hour output rating: 261,506 Btu/hr

Burn time in hours Burn time in hours

Based on EPA output ratings. Actual Btu output and burn time will be affected by the

250 ~ 200£

150.5 100 g, 50 g

1 V

V ........

o a:l ~

48 44 40 36 32 28 24 20 16 12 8 4

Burn time in hours

VI 'tl c

30S :ll ~

250 0 .s:::

200 ... c

1so .;; 1005..... so 5

~

0 Cii

type of wood burned, its moisture content and other factors.

VESTA Award Wood Products Category

This award honors innovation in E-Classie 2400 was awarded the Vesta award based on features sllch as the three-stage innovative combustion technology, FireStar electronic controller, Power Ignition and eeo-friendly LED lights. The E-Classic 2400's award-winning peJformance includes its extremely low emissions and 250,000 Btu/hI' rating.

design and technology. The

Outdoor furnace must be installed on a noncombustible damage that may be caused by an occurren e outdoor foundation that incorporates an enclosure that will prevent supply furnace enclosure. Foundation may consist .te, crushed and return lines from possible exposure to sunlight, fire, or physical rock, or patio blocks.

Recommended maintenance clearances

III 2" rigid foam insulation (optional)

12"

Foundations dimensions are 1-1/2 in. beyond the outside perimeter of the furnace base. Must be installed in accordance with all applicable codes and regulations.

Door

Firebox

Weight

Water Capacity

8-Hr Output Rating

12-Hr Output Rating


'Based on EPA qualifying test.

y 18.5" W x 18.5" H

32" Lx 32.5" H x 24" W

2,085 Ibs.

195 Gallons

107,000 Btu/hr*

72,000 Btu/hr

209,000 Btu/hr*

Foundation Dimensions

E- lassie E 1450 Door . . . . . . . . . . . . . . . . . . . . . . . . .. 18" W x 18" H

Firebox. . . . . . . . . . . . . . . . . . 32" L x 35" H x 24" W

Weight 2,110 Ibs.

Water Capacity 200 Gallons

Output Rating and Maximum Output similar to the 1400

*

Fire Wood ShedS Horizon Structures, LLC 5075 Lower Valley Road

Atglen, PA 19310 610-593-7710

www.HorizonStructures.com

Sizes: 4x8 (1 cord) $775

~ 6x8 (2 cord) $975

Price Includes: Pressure Treated Floor

Pine Board and Batten Siding 30 Year Arch. Shingles

Rafters 2x4s 16" on Center Clear or Cedar Stain

Available in Painted Dura Temp Siding

Options: Cedar Shakes $150 for 4x8 Metal Roof $50 for 4x8

$200 for 6x8 $75 for 6x8

4X8 Cedar Stained 6x8 Clear Stained

Town Of Philipstown Conservation Advisory Committee Town ...philipstown.com/cba21412.pdf · Town Of...

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