Referred to: The Economic Development, Tourism, Housing, Planning and Transit

Committee (Chairman Maloney and Legislators Berky, Delaune, Lapp, Litts, Maio

and Rodriguez), and The Public Works and Capital Projects Committee (Chairman

Fabiano and Legislators Greene, Litts, Loughran, and Maloney)

Deputy Chairman of the Economic Development, Tourism, Housing, Planning, and

Transit Committee, Hector Rodriguez, offers the following:

WHEREAS, this resolution has been submitted by the County Executive on

behalf of the Department of Planning; and

WHEREAS, pursuant to Resolution No. 480 passed on December 15, 2015,

the Ulster County Legislature established Capital Project No. 459 to provide for

design and engineering work for the Ashokan Rail Trail and approved funding for

professional engineering services; and

WHEREAS, pursuant to Resolution No. 480 passed on December 15, 2015,

the Ulster County Legislature declared its intent to act as Lead Agency for the

Ashokan Rail Trail Project (the “Project”) as provided for in 6 NYCRR Part

617.6(b)(3) of the Regulations pertaining to Article 8 of the Environmental

Conservation Law of New York State (“SEQRA”) and determined that the Project

was a Type I Action that required a coordinated review; and

WHEREAS, Ulster County circulated the necessary notifications on August

31, 2016 and receiving no objections became Lead Agency 30 days after this date;

and

WHEREAS, pursuant to Resolution No. 327 passed on August 15, 2017, the

Ulster County Legislature authorized the execution of the Ashokan Trail Easement

with the City of New York, determining that approval of the Ashokan Trail Easement

was a discrete unlisted action separate and apart from any trail construction and

issued a negative declaration as provided under 6NYCRR Part 617.7; and

WHEREAS, Ulster County has examined the proposed action consisting of

the construction of the Ashokan Rail Trail along the Ashokan Trail Easement,

including removing rail, ties and other track materials and developing three trailhead

areas, to create a public recreational trail and prepared the Environmental Record as

now on file with the Clerk of the Legislature; and 

WHEREAS, as part of the Project approval process, the County has completed

an expanded Environmental Evaluation of Impacts and Negative Declaration that

includes an analysis of impacts to historic and archeological sites, wetlands and water

bodies, threatened or endangered species, traffic, cumulative growth, and other

environmental considerations as required under 6 NYCRR Part 617 of the

Regulations of Article 8 of the Environmental Conservation Law of New York State

(“SEQRA”); and

WHEREAS, pursuant to the Regulations, the County Legislature has

considered the significance of the potential environmental impacts of the Project by

(a) using the criteria specified in Section 617.7 of the Regulations, and (b) examining

the EAF for the Project, including the facts and conclusions in Parts 1, 2 and 3 of the

EAF, together with other available supporting information, to identify the relevant

areas of environmental concern, and (c) thoroughly analyzing the areas of relevant

environmental concern; and

WHEREAS, such evaluation of impacts and negative declaration has been

filed with the Clerk of the Legislature and made available to members of the

Legislature; and

WHEREAS, Ulster County has addressed all SEQRA issues as identified,

considered and examined by the Involved and Interested Agencies and members of

the public in conducting the environmental review and in so doing, hereby

determines that the Project will not have a significant adverse environmental impact,

will not require the preparation of a Draft Environmental Impact Statement with

respect to the Project, and has made a determination of non-significance under

SEQRA (“Negative Declaration”), a copy of which is annexed to this Resolution and

made a part hereof; now, therefore, be it

RESOLVED, that pursuant to 6 NYCRR Part 617 et seq. of the Regulations of

Article 8 of the Environmental Conservation Law of New York State (SEQRA), the

Ulster County Legislature hereby adopts and issues the Negative Declaration under

SEQRA for the Ashokan Rail Trail Project upon the vote thereupon and the signature

of the Ulster County Legislature Chairman herewith; and, be it further 

RESOLVED, that Clerk of the Legislature shall file this Resolution and

accompanying Negative Declaration with the Involved and Interested Agencies as

enumerated in the Negative Declaration and publish the Resolution and Negative

Declaration in the Environmental Notice Bulletin; and, be it further

RESOLVED, that the adoption of the Negative Declaration shall constitute the

SEQRA Decision of approval for the construction of the Ashokan Rail Trail Project

as therein defined to convert the U&D Railroad Corridor from Basin Road in West

Hurley to Route 28A in Boiceville to a recreational trail only and all of the actions

associated with such project, including the removal of railroad track and ties and the

development of trailheads, together with all plans and documents associated

therewith,

and move its adoption.

ADOPTED BY THE FOLLOWING VOTE:

AYES: 14 NOES: 7

(Noes: Legislators Donaldson, Fabiano, Greene,

Lapp, J. Parete, R. Parete, and Wawro)

(Absent: Legislators Berky and Loughran)

No Action Taken in Committee: Public Works and Capital Projects on November 1,

2017

Passed Committee: Economic Development, Tourism, Housing, Planning and Transit

on November 9, 2017

Passed Committee: Public Works and Capital Projects on November 14, 2017

FINANCIAL IMPACT:

NONE 

Legislator Greene motioned, seconded by Legislator Donaldson, to amend the sixth

WHEREAS and third RESOLVED to add additional language as indicated in bold

font:

WHEREAS, Ulster County has examined the proposed action consisting of

the construction of the Ashokan Rail Trail along the Ashokan Trail Easement,

including removing rail, ties and other track materials (with the exception of all rail,

ties and other track materials between Basin Road and MP 11.1, which shall not

be removed) and developing three trailhead areas, to create a public recreational trail

and prepared the Environmental Record as now on file with the Clerk of the

Legislature; and

RESOLVED, that the adoption of the Negative Declaration shall constitute the

SEQRA Decision of approval for the construction of the Ashokan Rail Trail Project

as therein defined to convert the U&D Railroad Corridor from Basin Road in West

Hurley to Route 28A in Boiceville to a recreational trail only and all of the actions

associated with such project, including the removal of railroad track and ties (with

the exception of all rail, ties and other track materials between Basin Road and

MP 11.1, which shall not be removed) and the development of trailheads, together

with all plans and documents associated therewith,

MOTIONED DEFEATED BY THE FOLLOWING VOTE:

AYES: 7 NOES: 14

(Ayes: Legislators Donaldson, Fabiano, Greene, Lapp, J. Parete,

R. Parete, and Wawro)

(Absent: Legislators Berky and Loughran) 

STATE OF NEW YORK

 ss:

COUNTY OF ULSTER

I, the undersigned Clerk of the Legislature of the County of Ulster, hereby certify that the foregoing resolution is

the original resolution adopted by the Ulster County Legislature on the 14th Day of November in the year Two Thousand

and Seventeen, and said resolution shall remain on file in the office of said clerk.

IN WITNESS WHEREOF, I have hereunto set my hand and seal of the County of Ulster this 16th Day of

November in the year Two Thousand and Seventeen.

|s| Victoria A. Fabella

Victoria A. Fabella, Clerk

Ulster County Legislature

Submitted to the County Executive this Approved by the County Executive this

16th Day of November, 2017. 17th Day of November, 2017.

|s| Victoria A. Fabella |s| Michael P. Hein

Victoria A. Fabella, Clerk Michael P. Hein, County Executive

Ulster County Legislature