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ENB - Region 3 Notices 12/11/2013

Public Notice

The New York State Department of Environmental Conservation (NYS DEC) has received a Brownfield Cleanup Program (BCP) application from Radio City Ventures LLC for a site known as Morgan Drive Lot 3, site ID #C360137. This site is located in the Town and Village of Mount Kisco, within the County of Westchester, and is located at 2 Morgan Drive 10549. Comments regarding this application must be submitted no later than January 10, 2014. Information regarding the site, the application, and how to submit comments can be found at: http://www.dec.ny.gov/chemical/60058.html or send comments to Daniel Lanners, NYS DEC - Division of Environmental Remediation, Remedial Bureau C, 625 Broadway, 11th Floor, Albany, NY 12233-7013, Phone: (518) 402-9662, E-mail: drlanner@gw.dec.state.ny.us.

To have information such as this notice sent right to your e-mail, sign up with county e-mail listservs available at: www.dec.ny.gov/chemical/61092.html.

Negative Declaration

Orange County - The Town of Montgomery Planning Board, as lead agency, has determined that the proposed United Natural Foods, Inc (UNFI) Warehouse and Distribution Facility Site Plan Amendment will not have a significant adverse environmental impact. The action involves a request to amend the approved site plan for the UNFI warehouse, Phase I for the construction of a 496,023 square foot warehouse, along with grading and stabilization of the entire site for a facility which will be 661,116 square feet at the completion of Phase II full buildout. The action now before the Planning Board is an October 7, 2013 request to amend the July 16, 2013 approval that was itself a modification to a previous land use approval granted in May of 2009. The original 2009 approval had been the subject of extensive SEQR review in the form of a full Environmental Impact Statement (Draft and Final EIS) followed by an environmental findings statement, and the amended action in 2013 was also the subject of a Draft and Final EIS and environmental findings statement. In both cases, the environmental findings statements had demonstrated that all relevant areas of potential environmental impact were considered, and that all significant or adverse environmental impacts that were revealed in the EIS would be minimized or avoided to the maximum extent practicable by those measures that were identified in the EISs and Findings and incorporated into the plans.

The action that is now before the Planning Board would specifically alter the site grading in order to avoid excessive rock that was not fully identified despite onsite geotechnical exploration. In order to minimize the rock removal, the applicant seeks to lower the elevation of the warehouse by nine inches, and proposes to shift the location of the trailer storage areas on the site, moving them closer to Neelytown Road. This would result in changes to the stormwater ponds and some additional utility details. The applicant has also included other site plan details and facilities relating to an on-site well system alternative.

In accordance with SEQRA, the Planning Board has evaluated the differences between the project as approved in July of 2013 with the mitigation measures set forth in its SEQRA Findings Statement, and the amended site plan as proposed here, evaluating the potential significance of the changes and determining their consistency with the impacts and mitigation measures set forth within the Findings Statement. The Board has evaluated if there might be any new potentially significant adverse impacts resulting from the proposed changes to the site plan that would not be adequately mitigated by the measures already set forth within the Board's adopted Findings Statement of July 13, 2013. The Board has determined that there are no new potentially significant adverse impacts resulting from the site plan amendments proposed on a plan set dated October 4, 2013, and that the plan is therefore consistent with the environmental findings and mitigation measures set forth in the July 13, 2013 document adopted by the Lead Agency Town of Montgomery Planning Board. That document is incorporated by reference into this Negative Declaration and Determination of Consistency.

The project is located at Neelytown Road (County Route 99) and Beaver Dam Road in the Town of Montgomery, New York in the Zoning District: ID (Interchange Development).

Contact: Suzanne Hadden, Town of Montgomery, Town, 110 Bracken Road, Montgomery, NY 12549, Phone: (845) 457-2643, Email: tomplanzon@frontiernet.net.

Positive Declaration

Orange County - The Village of Maybrook Board of Trustees, as lead agency, has determined that the proposed Biagani-Highview Estates Annexation Petition may have a significant adverse impact on the environment and a Draft Environmental Impact Statement must be prepared. The action involves a proposal to annex 23.754 ± acres of land located in the Town of Montgomery, New York, into the Village of Maybrook, New York. Lot 38 is proposed to zoned RA-3 (Village ) and subdivided into 32 single family residential lots.

Contact: Dennis K. Leahy, Village of Maybrook, Village Government Center, 111 Schipps Lane, Maybrook, NY 12543, Phone: (845) 427-2717.

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