Referred to:  The Economic Development, Tourism, Housing, Planning and Transit Committee (Chairman Woltman and Legislators Archer, Delaune, Litts, Maio, Joseph Maloney, and Rodriguez), The Public Works and Capital Projects Committee (Chairwoman Petit and Legislators Fabiano, Greene, Litts, and Nolan), and The Energy and Environment Committee (Chairwoman Greene and Legislators Eckert, Heppner, Wawro, and Woltman)

Chairman of the Economic Development, Tourism, Housing, Planning, and Transit Committee, Brian J. Woltman, and Deputy Chair Lynn Archer offer 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. 503 of 2017, the Ulster County Legislature established Capital Project No. 479 to authorize and fund engineering work for the Ulster County Midtown Linear Park- PIN 8761.82 (the “Project”),  and further, the Ulster County Legislature declared its intent to act as Lead Agency for a coordinated review as provided by 6 NYCRR Part 617 of the Regulations pertaining to Article 8 of the Environmental Conservation Law of New York State (“SEQRA”), determining that the Project was an Unlisted Action; and

WHEREAS, pursuant to Resolution No. 362 of 2018, the Ulster County Legislature, after conducting a lawfully segmented review under SEQRA for the removal of railroad track from I-587 to Downs Street along the future Midtown Linear Park for purposes of the Interim Public Safety Improvement Project, adopted and issued a Negative Declaration for this action; and

WHEREAS, pursuant to Resolution No. 244 of 2019, the Ulster County Legislature reclassified the Project as a Type 1 Action due to the proximity of several historic properties and again declared its intent to act as Lead Agency for a coordinated review under SEQRA; and

WHEREAS, Ulster County circulated the full Environmental Assessment Form and necessary notifications on July 9, 2019, and, receiving no objections, became Lead Agency 30 days after this date; and

WHEREAS, Ulster County has examined the proposed action consisting of the construction of the Ulster County Midtown Linear Park project, including removing rail, ties and other track materials and constructing an approximately 0.8-mile asphalt-paved 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 SEQRA; and

            WHEREAS, pursuant to SEQRA, the Ulster 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; (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 from its project consultants, interested and involved agencies, and the public, 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; now, therefore, be it

RESOLVED, that pursuant to SEQRA, the Ulster County Legislature hereby determines that the Project will not require the preparation of a Draft Environmental Impact Statement and that the Project will not have a significant adverse environmental impact; and, be it further

RESOLVED, that the Ulster County Legislature hereby adopts and issues the Negative Declaration under SEQRA for the Ulster County Midtown Linear Park- PIN 8761.82 as filed with the Clerk of the Legislature, a copy of which is annexed to and made part of this Resolution; 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 Ulster County Midtown Linear Park Project- PIN 8761.82,

and move its adoption.

ADOPTED BY THE FOLLOWING VOTE:

AYES:                        NOES:   

Passed Committee: Economic Development, Tourism, Housing, Planning and Transit on ____________.

Passed Committee: Public Works and Capital Projects on ____________.

Passed Committee: Energy and Environment on ____________.

FINANCIAL IMPACT:

NONE