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2025119

ADOPTION OF NEGATIVE DECLARATION WITH RESPECT TO LANDOWNER REQUESTS TO INCLUDE THEIR PROPERTY WITHIN AGRICULTURAL DISTRICT 21

Introduced
August 25, 2025
Latest action
August 25, 2025
Status
ADOPTED
District coverage
scope: countywide

Document text

Extracted from the official document; OCR may contain errors.

ENVIRONMENT RESOLUTION NO. 2025119 RE: ADOPTION OF NEGATIVE DECLARATION WITH RESPECT TO LANDOWNER REQUESTS TO INCLUDE THEIR PROPERTY WITHIN AGRICULTURAL DISTRICT 21 Legislators D'AQUANNI, PAOLONI, GORMAN, and VERSACI offer the following and move its adoption: WHEREAS, this Legislature is considering Landowner requests to include their property within Dutchess County Agricultural District 21, in accordance with Agricultural and Markets Law Section 303-b and the recommendations of the Dutchess County Agricultural and Farmland and Protection Board (AFPB), and WHEREAS, approval of modifications constitutes an action subject to the State Environmental Quality Review Act (SEQRA), and WHEREAS, the Dutchess County Legislature has attached a Short Environmental Assessment Form, which concludes that the program constitutes: (1) an Unlisted Action pursuant to Article VIII of the New York State Environmental Quality Review Act and part 617 of the NYCRR (SEQRA); and (2) that the proposed action will not result in any significant adverse environmental impacts, and WHEREAS, the purpose of this Legislature in adopting this Resolution is to adopt and confirm those findings, and WHEREAS, a true copy of the Short Environmental Assessment Form and the Negative Declaration reflecting the finding that the action will not result in any significant adverse environmental impacts are attached hereto and made a part hereof, now, therefore, be it RESOLVED, that the Dutchess County Legislature hereby adopts the Short Environmental Assessment Form and Negative Declaration regarding modification of Agricultural District 21, as recommended by the AFPB, and confirms it will not have any significant adverse environmental impacts. APPROVED Susan Serero SUSAN J. SERINO STATE OF NEW YORK COUNTY EXECUTIVE SS: COUNTY OF DUTCHESS Date 0814.2000 This is to certify that I, the undersigned Clerk of the Legislature of the County of Dutchess, have compared o regong resolution with the original resolution now on file in the office of said clerk, and which was adopted by said legislature on the 11" day of August 2025, and that the same is a true and correct transcript of said original resolution and of the whole thercof IN WITNESS WHEREOF, I have hereunto set my hand and scal of said Legislature this 11" day of August 2025. SS Righ Wager NEW YORK STATE Agriculture and Markets STATE ENVIRONMENTAL QUALITY REVIEW SHORT ENVIRONMENTAL ASSESSMENT FORM FOR AGRICULTURAL DISTRICTS UNLISTED ACTIONS ONLY Please indicate lead agency status by checking the appropriate box below: Environmental Quality Review Act, and is undertaking a coordinated review of the proposed action with the Department pursuant to 6 NYCRR §617.6(b)(3). The proposed action is not within the scope of a cooperative agreement between an applicable CLB and the Department. The agency that will serve as Lead Agency is the undersigned CLB, and is undertaking a coordinated review of the proposed action with the Department pursuant to 6 NYCRR §617.6(b)(3). Part 1 - Project and Sponsor Information 1. The proposed action is located in the County of_Dutchess _ and the Town(s) of 2. The agency responsible for preparing this Short Environmental Assessment Form and determining environmental significance is the CLB of Dutchess County. 3. The name, address, and e-mail address for the Clerk of the above named CLB is: Leigh Wager Dutchess County Legislature 22 Market Street Poughkeepsie, New York 12601 [email protected] Does the proposed action only involve the modification, consolidation or termination of a county-adopted, State-certified agricultural district by the CLB pursuant to Agriculture and Markets Law (AML) §303-a, 303-b or 303-c? X Yes : • No If Yes, attach a narrative description (including a location map) of the intent of the proposed action and the environmental resources that may be affected in the County. If No, this form should not be used to evaluate the potential environmental impacts of the proposed action. Is this an action proposed to modify an existing agricultural district? * Yes •No If Yes, total number of acres comprising the agricultural district as it exists prior to modification: 195,426 acres. Short Environmental Assessment Form New York State Department of Agriculture and Markets 6. If this proposed action involves a modification, will such modification result in a change in the size of the agricultural district? * Yes • No • Ifyes, how many acres are involved in the change? 518.83 acres • Does this represent X an increase or • a decrease? 7. Check all present land uses that occur on, adjoining, and near the proposed action? Residential • Industrial [X Commercial [ Agriculture [ Park/Forest/Open Space L Other If Other, please describe:_ 8. Information on Coastal Resources. Is the action located within, or have a significant effect on: • A Coastal Area, or the waterfront area of a Designated Inland Waterway? •Yes IX No • A Coastal Erosion Hazard Area? • Yes XI No • A community with an approved Local Waterfront Revitalization Program? • Yes X No If Yes, please identify the affected community or communities: 9. Information on Local Agricultural and Farmland Protection Plans • Is the action compatible with the County's Agricultural & Farmland Protection Plan? * Yes LI No If Yes, date of Plan approval: _ May 22, 2015 If Yes, please cite the applicable language: Since the adoption of the Plan we have offered several educational opportunities about the differences between the Agricultural Districts Program and Agricultural Value Assessment. In addition, we have audited communities for their farm. friendliness and offered improvements to zoning that could further the agricultural industry. Ensuring that our agriculturally. viable land is included in the these districts will ensure its future usage for agriculture. 10. Comments from Municipalities within the County • Did the CLB receive any comments from municipalities about the addition or removal of land from the agricultural district? [X Yes • No If Yes, please briefly summarize the comments: The Town of Wappinger wrote a letter in support of the addition of Hawk Valley Farm. 11. Attach any additional information as may be needed to clarify the proposed action. | AFFIRM AND CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Name of Person Authorized to Sign: Eoin Wrafter Signature: _Date: June 11, 2025 Title: Commissioner - Planning & Development SEAF NYSDAM ver. 9/28/2020 Page 2 of 4 Short Environmental Assessment Form New York State Department of Agriculture and Markets Part 2: Impact Assessment Part 2 is to be completed by the County Legislative Body ("CLB") as Lead Agency. Answer all of the following questions in Part 2 using the information contained in Part 1 and other materials submitted to the CLB for the proposed modification, consolidation or termination of a county-adopted, State- certified agricultural district or otherwise available to the reviewer. In providing responses to each of the questions, the reviewer should keep in mind that the action proposed is the modification, consolidation or termination of an agricultural districts) The action is not the land use or activity which will, or may, take place in the districts). For example, it is not appropriate to consider the effects of management actions that may be taken by individual operators in conducting farming. Agricultural farm management practices, including construction, maintenance and repair of farm buildings, and land use changes consistent with generally accepted principles of farming are listed as Type Il actions in 6 NYCRR §617.5(c)(3), and these actions have been determined not to have a significant impact on the environment. None to Moderate to small impact large impact may occur may occur 1. Will the proposed action create a material conflict with an adopted land use plan or zoning regulations? 2. Will the proposed action result in a change in the use or intensity of use of land? 3. Will the proposed action impair the character or quality of the existing community? 4. Will the proposed action have an impact on the environmental characteristics that caused the establishment of a Critical Environmental Area (CEA)? 5. Will the proposed action result in an adverse change in the existing level of traffic or affect existing infrastructure for mass transit, biking or walkway? 6. Will the proposed action cause an increase in the use of energy and fail to incorporate reasonably available energy conservation or renewable energy opportunities? 7. Will the proposed action impact existing: a. public / private water supplies? b. public / private wastewater treatment utilities? 3. Will the proposed action impair the character or quality of importan historic, archaeological, architectural or aesthetic resources' 9. Will the proposed action result in an adverse change to natural resources (e.g., wetlands, waterbodies, groundwater, air quality, flora and fauna)? 10. Will the proposed action result in an increase in the potential for erosion, flooding or drainage problems? 11. Will the proposed action create a hazard to environmental resources or human health? SEAF NYSDAM ver. 9/28/2020 Page 3 of 4 Short Environmental Assessment Form New York State Department of Agriculture and Markets Part 3: Determination of Significance For every question in Part 2 that was answered "moderate to large impact may occur," or if there is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact, please complete Part 3. Part 3 should, in sufficient detail, identify the impact, including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact may or will not be significant. Each potential impact should be assessed considering its setting, probability of occurring, duration, irreversibility, geographic scope and magnitude. Also consider the potential for short term, long-term and cumulative impacts. Check this box if you have determined, based on the information and analysis above, and any supporting documentatio and an environmental impac salement is require potentialy large or signficant adverse impact: heck this box if you have determined, based on the information and analysis above, and any supporting documentatior at the proposed action will not result in any significant adverse environmental impac County of Dutchess Name of Lead Agency Date Will Truitt Print or Type Name of Responsible Officer in Lead Agency Chairman, County Legislature Title of Responsible Officer Signature of Preparer (if dufferent from Responsible Officer) SEAF NYSDAM ver. 9/28/2020 Page 4 of 4 STATE ENVIRONMENTAL QUALITY REVIEW SHORT ENVIRONMENTAL ASSESSMENT FORM FOR AGRICULTURAL DISTRICTS Question 4 Narrative: The Dutchess County Legislature intends to modify Dutchess County Agricultural District 21 through the addition of 33 parcels or 519 acres, resulting in a new Agricultural District acreage of 195,945, less than a 1% overall change. There are no significant adverse environmental impacts on environmental resources due to the proposed modifications to Agricultural District 21. NEW YORK STATE Department of Agriculture and Markets KATHY HOCHUL Governor RICHARD A. BALL Commissioner SEP 1 62025 Leigh Wager, Clerk Dutchess County Legislature County Office Building 22 Market Street Poughkeepsie, NY 12601 Dear Ms. Wager, In accordance with Section 303-b of the Agriculture and Markets Law, the Dutchess County Legislature submitted to me, by resolution #2025120, a report and plan to modify Dutchess County Agricultural District No. 21 by including predominantly viable agricultural land into the district. Following review of the plan and its related documents, I hereby certify that the inclusion of predominantly viable agricultural land, as proposed, is feasible and shall serve the public interest by assisting in maintaining a viable agricultural industry within the district. Signed and sealed at the Town of Colonie county ot Albany, New York This gth Day of September, 2025 Sincerely, Richard A. Ball Commissioner CC: Mathew Sabellico, Chair, Dutchess County AFPB Eoin Wrafter, Commissioner, Dutchess County Planning Department Mary Lou Carolan, Executive Director, CCE of Dutchess County Brian Scoralick, District Manager, Dutchess County Soil and Water Cons. District Susan Hoskins, IRIS 10B Airline Drive, Albany, NY 12235 | agriculture.ny.gov | (800) 554-4501 Environment Committee Roll Call District District 7 - Hyde Park and Pleasant Valley Distic 25- Amenia, Washington, Pleasant Valley & Milbrook District 3 - LaGrange District 16 - Fishkill and Beacon District 9 - City of Poughkeepsie District 1 - Town of Poughkeepsie District - Hyde Park and Town of Poughkeepsie District 5 - Town of Poughkeepsie District 6 - Town of Poughkeepsie District 13 - East Fishi and Wappinger District 18 - City of Beacon and Fishkill Present: Absent: Vacant: 10 2 District 24 - Dover and Pawling Rosolution: I Motion: Name Truitt* Houston* Polasek* Valdés Smith* Atkins* Gorman Lawler D'Aquanni (C) Kaul Paoloni (VC) Page House Total : Abstentions: Yes No Absent absent 10 Yes No 2025119 ADOPTION OF NEGATIVE DECLARATION WITH RESPECT TO LANDOWNER REQUESTS TO INCLUDE THEIR PROPERTY WITHIN AGRICULTURAL DISTRICT 21 AUGUST 7, 2025 Roll Call Sheets District Last Name YES NO District 7 - Hyde Park and Pleasant Valley District 25 - Amenia, Washington, Pleasant Valley & Millbrook District 3 - LaGrange District 16 - Fishkill and Beacon District 9 - City of Poughkeepsie District 1 - Town of Poughkeepsie District 2 - LaGrange, Pleasant Valley & Town of Poughkeepsie District 4 - Hyde Park and Town of Poughkeepsie District 5 - Town of Poughkeepsie District 6 - Town of Poughkeepsie District 8 - City and Town of Poughkeepsie District 10 - City of Poughkeepsie District 11 - Clinton, Pleasant Valley, and Rhinebeck District 12 - East Fishkill District 13 - East Fishkill and Wappinger District 14 - Wappinger and Town of Poughkeepsie District 15 - Wappinger District 17 - Town and Village of Fishkill District 18 - City of Beacon and Fishkill District 19 - North East, Stanford, Pine Plains, Milan & Red Hook District 20 - Red Hook, Tivoli, and Rhinebeck District 21 - East Fishkill District 22 - Beekman and Union Vale District 23 - Pawling, Beekman and East Fishkill Present: Absent: Vacant: 20 5 0 District 24 - Dover, and Pawling Resolution: _ Motion: Truitt Houston Polasek Valdés Smith Atkins Gorman Travelpiece Lawler D' Aquanni Kaul Brendli Johnson Kearney Metzger Paoloni - Versaci Faust McHoul Page Drago Munn Caswell. Garito Rolison House Total: absent Absent absent Absent Absent 20 Yes No Abstentions: 2025119 ADOPTION OF NEGATIVE DECLARATION WITH RESPECT TO LANDOWNER REQUESTS TO INCLUDE THEIR PROPERTY WITHIN AGRICULTURAL DISTRICT 21 AUGUST 11, 2025