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VILLAGE OF KIRYAS JOEL PLANNING BOARD
NOTICE OF THE ADOPTION OF THE FINDINGS STATEMENT
FOR PROJECT KNOWN AS VEYOEL MOSHE GARDENS
Date of Adoption: December 3rd, 2017
This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8
(State Environmental Quality Review Act) of the Environmental Conservation Law.
PLEASE TAKE NOTICE, that the Village of Kiryas Joel Planning Board, as lead agency, has adopted
a FINDINGS STATEMENT for the project known as Veyoel Moshe Gardens, and authorized its
distribution to the Attached List of Interested and Involved Agencies. In addition, a copy of the FEIS
will be posted online on www.vmgardensdeis.wordpress.com and a hard copy is available at the Monroe
Public Library at 44 Millpond Parkway, Monroe, NY and can be foiled at the Village of Kiryas Joel at 51
Forest Road. The adoption of the Findings Statement closes the SEQRA environmental review for this
project.
NAME OF PROPOSED ACTION: VEYOEL MOSHE GARDENS
DESCRIPTION OF PROPOSED ACTION
The applicant, MYM Management, Inc. (developer) is seeking Site Plan approval to construct
approximately 1600 dwelling units on approximately 70 acres of property, which is located at the
intersection of Nininger Road (County Highway 64) and Bakertown Road (County Route 105) in the
Village of Kiryas Joel, New York in Orange County, NY. The subject site is served by municipal water
and sewer service.
SITE LOCATION
The Subject Site is identified as parcels within the Village of Kiryas Joel and known as SBL 312-1-1
and 311-1-1.2. The Subject Site is located within the PD zoning district where the proposed use is
permitted by right subject to Site Plan Approval by the Planning Board, which the applicant has
submitted an application therewith.
SEQRA CLASSIFICATION
Upon review of the Application, the Village of Kiryas Joel Planning Board has determined that the
Project is subject to the State Environmental Quality Review Act and its implementing regulations (6
NYCRR Part 617) as a Type I Action.
CONTACT PERSON
If you have any questions or comments on this DEIS or Notice, you may contact Gerald MacDonald,
Planning Board Engineer at (845) 294-8818 or by mailing Mr. MacDonald at P.O. Box 566, Monroe,
NY 10949
NOTICE TO BE SENT TO ALL INVOLVED AND INTERESTED AGENCIES
This Notification and a copy of the Findings statement was sent to all Involved and Interested Agencies
on December 4th, 2017. A copy of this notice was also sent to the NYSDEC Environmental Notice
Publication.
INVOLVED AND INTERESTED AGENCIES
Village of Kiryas Joel Planning Board
P.O. Box 566,
Monroe, NY 10949
Village of Kiryas Joel Village Board
P.O. Box 566,
Monroe, NY 10949
NYS DEC
Region 3
21 South Putts Corners
New Paltz, NY 12561
NYSDOT
Eleanor Roosevelt State Office Building
4 Burnett Boulevard
Poughkeepsie, NY 12603
Orange County Department Public Works, Division of Environmental Facilities and Services
2455-2459 Route 17M
Goshen, NY 10924-0637
OC Department of Public Works, Highway Engineering
Attn: Mike Carroll
2455-2459 Route 17M
Goshen, NY 10924-0637
OC Sewer District 1, reviewed by OC Department of Public Works
Division of Environmental Facilities
Attn: Anthony Griffin
2455-2459 Route 17M
Goshen, NY 10924-0637
Orange County Planning Department
1887 County Building
124 Main Street
Goshen, NY 10924
Orange County Department of Health
124 Main Street,
Goshen, NY 10924
Town of Monroe
1465 Orange Turnpike
Monroe, NY 10950
Village of Woodbury
P.O. Box 546
Central Valley, NY 10917
Village of Harriman
1 Church Street
Harriman, NY 10926
United States Army Corp of Engineers
Brian Orzel 1937 USACE
26 Federal Plaza
New York, NY 10278-0090
Public Review Repository:
Monroe Free Library
44 Millpond Parkway
Monroe, NY 10950
A copy of this notice was also sent to the Environmental Notice Bulletin.
Statement of Environmental
Findings
For Veyoel Moshe Gardens Site Plan Approval
Date Adopted: December 3rd, 2017
Planning Board of the Village of Kiryas Joel
Page 1 of 28 Statement of Environmental Findings Veyoel Moshe Gardens Lead Agency: Planning Board of the Village of Kiryas Joel Last revised: November 29th, 2017
SEQRA FINDINGS OF THE PLANNING BOARD OF THE VILLAGE OF KIRYAS JOEL
REGARDING THE VEYOEL MOSHE GARDENS PROJECT
Pursuant to the New York State Environmental Quality Review Act (Article 8 of the New York State
Environmental Conservation Law) and its implementing regulations, 6 NYCRR Part 617,
(referenced herein as “SEQRA”), the Planning Board of the Town of Monroe, NY, as Lead Agency,
makes the findings contained herein for the Proposed Action identified below:
Name of Action: VEYOEL MOSHE GARDENS
Lead Agency: Planning Board of the Village of Kiryas Joel
Chairman Gershon Neuman
Mailing Address: P.O. Box 515
Monroe, New York 10949
Contact Person For
Additional Information: Gerald MacDonald, P.E., Village & Planning Board Engineer
(845) 294-8818 (same mailing address as above)
SEQR Status: Type I
Date Final FEIS Filed: Adopted October 22nd 2017, and filed with Agencies on October 24
2017
Lead Agency Adoption of this Statement of Environmental Findings: December 3rd, 2017
Page 2 of 28 Statement of Environmental Findings Veyoel Moshe Gardens Lead Agency: Planning Board of the Village of Kiryas Joel Last revised: November 29th, 2017
Table of Contents
Section 1: Introduction .....................................................................................................................3
Section 2: Project Location and Zoning Designation ......................................................................3
Section 3: Description of the Proposed Action ................................................................................3
Section 3.1: Project Construction and Phasing ....................................................................4
Section 4: SEQRA Processing History ............................................................................................5
Section 5: Findings and Mitigation Requirements...........................................................................7
Section 5.1 Zoning and Other Adopted Planning Documents ............................................7
Section 5.2 Impact on Land Resources: Soils, Topography and Slopes .............................9
Section 5.3 Impact on Water Resources ...........................................................................10
Section 5.4 Impact on Flora and Fauna ............................................................................11
Section 5.5 Impact on Traffic ...........................................................................................12
Section 5.6 Impact on Air Quality ....................................................................................15
Section 5.7 Impact on Sewers ...........................................................................................15
Section 5.8 Impact on Water Supply ................................................................................17
Section 5.9 Impact on Archeological/Historic Resources ................................................18
Section 5.10 Impact on Other Residential Utility Services ...............................................19
Section 5.11 Impact on Schools and School Services .......................................................20
Section 5.12 Impact on Public Services .............................................................................20
Section 5.13 Fiscal Impacts ..............................................................................................22
Section 5.14 Visual Impacts ..............................................................................................23
Section 5.15 Growth Inducing Impacts .............................................................................25
Section 5.16 Alternatives that were considered .................................................................26
Section 5.17 Irreversible or Irretrievable Commitments of Resources ..............................26
Section 5.18 Adverse Impacts that Could Not be Avoided ...............................................27
Certification to Approve/Fund/Undertake .....................................................................................28
Exhibit A: Notice of Intent, dated August 25th, 2017
Exhibit B: Decision of the State of New York Appellate Court, Third Judicial Department, dated
October 28th, 2017
Page 3 of 28 Statement of Environmental Findings Veyoel Moshe Gardens Lead Agency: Planning Board of the Village of Kiryas Joel Last revised: November 29th, 2017
Section 1: Introduction This Finding Statement is submitted on behalf of the project known as Veyoel Moshe Gardens, a
proposed 1600 residential unit project within the Village of Kiryas Joel. This document was
prepared in accordance with implementing regulations (6 NYCRR Part 617) and in accordance with
the requirements of the Village of Kiryas Joel Planning Board, the Lead Agency on this project. The
Draft Environmental Impact Statement, and the Final Environmental Impact Statement (As revised
on October 19, 2017 and adopted on October 22, 2017) and all appendices for both documents are
incorporated by reference to this Findings Statement. Copies of both the Draft and Final
Environmental Impact Statement were provided to all involved and interested agencies, and copies
were made available for public review in hard copy and online at www.vmgardensdeis
Section 2: Project Location and Zoning Designation The project parcel can be found in the Orange County Real Property Records under the Tax ID
numbers (SBL) 312-1-1 and 311-1-1.2. The parcel is located on the southeast portion of Kiryas Joel
in the PU (Planned Unit Development) zoning district in the Village of Kiryas Joel, which permits
the project by right with the approval of the Planning Board.
Section 3: Description of the Proposed Action The project is known as Veyoel Moshe Garden, and is proposed on a property located in the Village
of Kiryas Joel on the corner of Nininger Road (County Highway 64) and Bakertown Road (County
Highway 105). These two parcels are combined to be approximately 70 acres, and are mostly
undeveloped, except for the ruins of a home that was built in the mid-19th century located along
Nininger Road. The parcel can be found in the Orange County Real Property Records under the Tax
ID numbers (SBL) 312-1-1 and 311-1-1.2 The project is located in the PU (Planned Unit
Development) Zoning District in the Village of Kiryas Joel, which permits the project by right with
the approval of the Planning Board.
The proposed project would result in the development of 1600 residential units on the
aforementioned property. These units will be a mix of 3 to 5 bedroom units, ranging from 1600 to
3000 square feet, with the majority of the units having less than 2500 square feet and four bedrooms.
The actual layout of individual units will be determined by the needs of the owner, and all units will
be customizable. These units are proposed to be sold as condominium units to individual owners.
The units will have access to onsite amenities, including on site play areas for children, community
rooms, storage and parking. Road access is proposed via the development of roads as depicted on
the site plan that will be dedicated to the Village of Kiryas Joel, as well as a system of sidewalks that
will be connected to the existing pedestrian system within the Village.
This pedestrian system includes a pedestrian bridge that will be constructed, prior to issuance of the
1200th certificate of occupancy, over Bakertown Road in order to minimize pedestrian and vehicle
conflicts, and improve safety. The Project Engineer and the County have discussed this plan and
Page 4 of 28 Statement of Environmental Findings Veyoel Moshe Gardens Lead Agency: Planning Board of the Village of Kiryas Joel Last revised: November 29th, 2017
determined that the construction is feasible. The detailed plans for the bridge have not been
finalized and the final plan will require review and approval by the Orange County Department of
Public Works.
Construction of the project will begin in the Fall of 2017 after the SEQRA process and approval of
the site plan by the Village of Kiryas Joel Planning Board is complete.
3.1 Project Construction and Phasing
The project will be constructed in two phases and each will include the construction of 800 dwelling
units. Buildings on site will be constructed as units are sold, creating efficiency in the building of
the units, which will help to contain the costs associated with construction and make the
condominiums more affordable for residents.
The sizes of the apartments and corresponding floor plan will depend on the needs of the owners that
purchase the units. It is expected that the average unit will have 4 bedrooms with a floor area of
approximately 2500 square feet. The actual size will depend on the owner’s needs. Units are not
planned to be smaller than 1600 square feet or larger than 3000 square feet. All ground floor units
will be handicapped accessible, or be able to be easily converted to allow handicapped access in all
areas of the home. Free-standing community buildings will be a part of the overall development
plan. A 28,000 square foot free-standing community room is shown on the first phase site plan. An
additional 28,000 square foot community room is required to be designed and constructed in the
second phase. The final plans for such community room will require Planning Board approval.
On-site tree harvesting and grading is proposed to commence upon the completion of the SEQRA
process pursuant to the clearing, grading and Stormwater Pollution Protection Plans reviewed by the
Planning Board and its engineering consultant. It is expected that the installation (including
improvement to utilities), which will commence once all conditions of this finding statement and
subsequent site plan approval have been met. This installation will take approximately 2 years
before building construction will begin. The construction of the first building is not expected to
begin until the year 2019, and be ready for occupation by 2020.
The second phase would begin after complete buildout of the first phase, and is projected to start in
the year 2023, and would be completed in 2026. The construction schedule would be dependent on
the sale of the individual units within the buildings.
The sequence for project construction activities for each phase are generally as follows:
1. Obtain necessary approvals and permits from municipal and regulatory agencies.
2. Pre-construction meeting with applicable regulatory agencies.
3. Delineation of limits of clearing and disturbance. Trees to be saved shall be protected
with perimeter fence.
Page 5 of 28 Statement of Environmental Findings Veyoel Moshe Gardens Lead Agency: Planning Board of the Village of Kiryas Joel Last revised: November 29th, 2017
4. Install stabilized construction entrances, silt fence and erosion control measures.
5. Perform clearing and grubbing activities as required for construction. Strip topsoil.
6. Perform mass earth work. Complete rough-grading of roads and parking lots and
building pads. Fine grade and stabilize all embankments upon completion of rough
grading.
7. Begin installation of drainage infrastructure. Install utilities within roadway.
8. Begin excavation for building foundations. Complete proposed storm water conveyance
systems, drainage infrastructure and drainage culverts.
9. Install roadway and parking lot sub-base. Pave roadway with base course if feasible.
10. Construct buildings and utility connections.
11. Complete fine-grading of disturbed areas and embankments.
12. Construct stormwater management appurtenances to permanent size and geometry.
13. Install Landscaping and Lighting.
14. Complete surfacing of roadways and parking lots.
15. Perform any fine-grading and seeding as required.
Section 4: SEQRA Processing History
July of 2016 to November 2016: The Village Planning Board of the Village of Kiryas Joel received
a request to develop property known as SLB 312-1-1 and 311-1-1.2 in accordance with provisions
in the Village’s Zoning Code in July of 2016, which was the subject of several informal Planning
meetings with the project sponsors to review and refine the plan to make it fit well within the
community. This resulted in a proposal to develop approximately 1600 dwelling units, which was
approved conceptually by the Planning Board.
November 20th, 2016: The Village Planning Board declared its Intention to serve as Lead Agency
on this project and circulated a Notice of Intent to all involved and interested agencies. No agency
objected to the Village Planning Board as Lead Agency or did not respond after receipt of the
Notice.
Page 6 of 28 Statement of Environmental Findings Veyoel Moshe Gardens Lead Agency: Planning Board of the Village of Kiryas Joel Last revised: November 29th, 2017
December 19th, 2016: The Village Planning Board confirmed its role as Lead Agency on this
project, having received no objection from other agencies on this project, and declared this project
a Type I Action, and approved a draft scoping document for circulation to all interested and
involved agencies. The public was invited to comment on a scope through an announcement in a
newspaper of general circulation to allow for public comment. The public was made aware where
copies of the scope could be obtained in this notice. The Planning Board received comments from
the following individuals or Municipalities:
1. New York Department of Transportation (Involved Agency)
2. Mary Bingham, 17 Carol Drive, Monroe, NY
3. Orange County Department of Public Works (Involved Agency)
3. Letter Authored by Kelly M. Naughton, Burke, Miele, and Golden on behalf of the Village of
Woodbury (Interested Agency)
4. New York State Department of Environmental Conservation (Involved Agency)
5. Village of Harriman Trustees (Interested Agency)
6. Orange County Department of Planning (Involved Agency)
7. Tracy Schuh, Preservation Collective, P.O. Box 721, Chester, NY
In addition to these comments, the Orange County Department of Public Works requested a
meeting with the project’s engineers to discuss changes to the Scoping Document. All comments
were considered, and changes were made to the Scoping Document.
February 26th, 2017: The final Scope, incorporating revisions based on agency and public
comment, was formally adopted and this document was circulated to all involved and interested
agencies. The applicant was directed to prepare a DEIS.
June 25th, 2017: The DEIS was accepted as complete and a public hearing on the DEIS was set
for July 16th, 2017, later revised to July 23, 2017.
June 28th, 2017: The DEIS was sent out to all involved and interested agencies, and all copies
were delivered by June 29th, 2017.
July 5th, 2017: Notice of the public hearing appeared in a paper of general circulation advertising
the date and location of the public hearing, location of where the public could view documents in
person and online.
July 23rd, 2017: The duly noticed Public Hearing on the DEIS was held at a Planning Board
Meeting in the Village of Kiryas Joel.
August 6th , 2017: The FEIS was accepted and approved for circulation to all interested and
involved agencies.
August 8th, 2017: The Planning Board received additional comments subsequent to the date of
issuance of the FEIS. It was determined that the best course of action would be to reissue the
Page 7 of 28 Statement of Environmental Findings Veyoel Moshe Gardens Lead Agency: Planning Board of the Village of Kiryas Joel Last revised: November 29th, 2017
FEIS, to ensure a complete record of the discussion of the environmental impacts of this project,
since it is so critical to the Village.
October 22, 2017. The Planning Board determined the revised FEIS was complete and authorized
the distribution of the FEIS. Comments on this FEIS were accepted by the Planning Board up to
November 10th, 2017,
Section 5: Findings and Mitigation Requirements
The following is the Findings of the Planning Board of the Village of Kiryas Joel regarding areas of
impact studied in the DEIS, by topic as it is presented in the DEIS.
5.1 Zoning and Other Adopted Planning Documents
Facts, Findings, and Potential Impacts
The EIS discusses the projects compatibility with the locally adopted Zoning Code of Kiryas Joel,
and other relevant plans adopted by the Village of Kiryas Joel, Town of Monroe, Orange County,
and other Regional Plans. The plans included in this section directly mention or have relevance to
the Village of Kiryas Joel and the current proposal and its effect on development patterns as
discussed in these plans. As presented in the EIS, the project substantially meets the requirements of
the Village’s Zoning Code and is compatible with municipal policies expressed in the locally
adopted zoning code.
The project is compatible with the goals of the various plans that have been adopted by the Town of
Monroe, Orange County and other regional agencies. Planning documents examined as part of the
DEIS in Section 3.1 and discussed in the FEIS include the following documents:
• Kiryas Joel Zoning Code (Article I, 155-27), revisions adopted on 9-4-2007
• Town of Monroe Master Plan, the latest version is discussed, however, the Town is
undergoing an update which is expected to be completed by the end of 2017.
• County of Orange Comprehensive Plan, adopted 2010
• County of Orange, Water Master Plan, draft prepared 2010
• Orange County Long Range Transportation Plan, 2010-2040, adopted November 17,
2015.
• Orange County Economic Development Strategy, Adopted July, 2015
• Mid-Hudson Sustainability and Smart Growth Toolkit, dated March, 2016
• A Three County Regional Housing Needs Assessment: Orange, Dutchess, and Ulster
Counties, 2006 to 2020 (Orange County Data Only), dated April 2009.
• Orange County Open Space Plan, July 2004
Page 8 of 28 Statement of Environmental Findings Veyoel Moshe Gardens Lead Agency: Planning Board of the Village of Kiryas Joel Last revised: November 29th, 2017
• Orange County Greenway Compact, Approved by the Hudson River Valley Greenway
Communities Council, June 12, 2013
The Veyoel Moshe Gardens Project is within the PD District (Planned Unit Development District)
within the Village of Kiryas Joel. This Zoning Code was last revised in 2007.
The EIS examined the projects compliance with the provisions in the adopted Zoning Code and
determines that the Veyoel Moshe Garden Project meets the requirements of the Zoning Code.
There are two waivers requested by the applicant from provisions of the code in Village Zoning
Code which the Planning Board determined to be justified as follows:
• Section 155-25(2) requires that the project create community spaces available for
residential use, and total area planned for this use has been exceeded in the plans.
However, the Zoning Code requires that these spaces be spread out into the
community, instead of creating the larger free-standing community rooms that have
been planned. This waiver is justified, considering the current demand for free-
standing community rooms for special functions in Kiryas Joel. These community
rooms will fulfill the need for independent free-standing facilities that will be in easy
walking distance of the new population, and will be available for private residential
functions.
• Section 47-1 of the Zoning Code requires that all projects of 8000 square feet or more
or 5 or more units on the same parcel of land comply with locally adopted Affordable
Housing Laws, with the number of units dedicated to affordable housing finalized by
the Planning Board. In return for compliance, bonuses for the number of units
permitted in each free-standing building are permitted. Affordable Housing is
defined by cost per square foot, which is adjusted by the Village by vote of the
Village Trustees from time to time. The Applicant has committed to provide homes
at a price point that is below current market value in the Village per square foot, and
the Planning Board determined that it is in the interest in the Village to waive the
standard in this section, since providing a option for all to be below current market
value will provide a great value to the Village even though the strict standards of this
section are not met. Besides being required to offer units at a below-market value
price, the applicant will offer residents special consideration when planning finishes
in individual residential units in order to increase their affordability to average
residents. Final approval of this waiver is formally made by the Planning Board prior
to site plan approval, and the Planning Board agrees that this arrangement will create
more affordable units than with strict compliance with Section 47-1.
Required Mitigation Measures
The following mitigation measures are required as a condition of approval of the site plan by the
Planning Board to ensure that the waiver granted does not adversely impact community zoning and
planning:
Page 9 of 28 Statement of Environmental Findings Veyoel Moshe Gardens Lead Agency: Planning Board of the Village of Kiryas Joel Last revised: November 29th, 2017
1. Pricing of the residential units will be consistent with the representation in the DEIS, and base unit
pricing of housing within the development meet the criteria of “affordable housing,”
2. Community spaces will be available with this development to the residents at a rate of 25 square
feet per unit, as specified in Section 155-25 of the Kiryas Joel Zoning Code prior to issuance of the
Certificate of Occupancy for such units.
Based upon the above, the Planning Board finds that there is no adverse impact on Zoning or Other
Adopted Planning Documents that has not been adequately mitigated by the project design or by the
Mitigation Measures described herein.
5.2 Impact on Land Resources: Soils, Topography and Slopes
Facts, Findings, and Potential Impacts
The improvements will require modification of 68.5 acres of the 70-acre site. Upon completion of
the project, approximately 42.2 acres of impervious surface will be created. Preliminary cut and fill
analysis indicates that the site is nearly balanced, and results in a net export of approximately 18,000
cubic yards of material. Any material removed from the site will be trucked to a licensed facility.
Blasting is not anticipated. Harvested trees from the site will be chipped, stockpiled and used for
mulch as specified in the erosion control plan.
Once the project is completed, at least 1600 trees will the replanted in accordance with the Village
Zoning requirements and the final approved Site Plan.
Improvements to the sewer system will result in the installation of a proposed sewer main within 10-
feet of the adjacent area of the NYS Wetland identified as MO-11.
To increase efficiencies and reduce the amount of fill that has to be transported off site to be stored,
the Applicant has requested a waiver from the 5-acre of disturbance rule, and the Village Engineer
has recommended approval of a disturbance area of not more than 14 acres of disturbance at any one
time. The Village has the authority to approve such waiver in its capacity as a MS-4 community.
The Stormwater Management and Erosion Control plan has been designed to comply with New
York State Standards and Specifications for Erosion and Sediment Control.
Prior to construction activities, all temporary erosion control measures include stabilized
construction entrances, silt fences, temporary sediment traps, temporary diversion swales, stone
check dams, inlet protection, mulching, land grading and temporary topsoil stockpiling stabilization
and seeding and haying, and maintenance of the site entrances will be provided as specified in
approved plans and described in Section 3.2.3 of the DEIS as updated in the FEIS.
Page 10 of 28 Statement of Environmental Findings Veyoel Moshe Gardens Lead Agency: Planning Board of the Village of Kiryas Joel Last revised: November 29th, 2017
Required Mitigation Measures:
1. The replanting of the site with trees as specified on the final plan will occur within one
year of completion of each phase.
2. The SWPPP adopted for this project will be enforced and monitored by a professional
engineer who will be on site during construction.
3. Areas to be disturbed will also be clearly delineated with fencing in accordance with the
SWPPP adopted as part of the final site plan approval.
4. The applicant shall file detailed plans and obtain the requested waiver from the five-acre
disturbance limit from the Village Engineer, acting on behalf of the Village as an MS-4
community.
Based upon the above, the Planning Board finds that there is no adverse impact on Land Resources
that has not been adequately mitigated by the project design or by the Mitigation Measures described
herein.
5.3 Impact on Water Resources
Facts, Findings, and Potential Impacts
The Veyoel Moshe Gardens Project Site lies entirely within the Ramapo watershed. Runoff from
this site reaches the Ramapo River via an off-site class C tributary after exiting the site and going
through an off-site state regulated wetland, which lies approximately 200 feet west of the site
adjacent to County Route 105. Based on the analysis performed by the site engineer of the
topographic setting and drainage infrastructure near the site, there are 8 sub-catchment areas that are
fully described in Section 3.3 and illustrated on Figure 3.3-1. To incorporate comments received by
the Lead Agency on the DEIS and agency review of the Stormwater Pollution Prevention Plan
(SWPPP), changes were made and reviewed by the Village MS-4 Engineer. The revised SWPPP
was then recommended for Acceptance by the Village Engineer and accepted for filing with
NYSDEC. The Notice of Intent was filed with NYSDEC in October of 2017 (See Exhibit A) In
addition, there is a small federally regulated wetland (approximately one-third of an acre) lying
adjacent to County Route 105. This wetland was created by damming conditions onsite that resulted
from low elevations created by a culvert under County Route 64. An application for the Nationwide
Permit for disturbance to this wetland has been submitted to the U.S. Army Corps of Engineers for
review.
The Village is an MS4 community in accordance with NYSDEC regulations.
The potential impacts to surface waters include pollution from soil erosion coming from the site
during construction, and the introduction of pollutants into the water resources before and after
construction will be adequately mitigated by incorporating all of the measures set forth in the final
SWPPP, as discussed in the EIS.
Page 11 of 28 Statement of Environmental Findings Veyoel Moshe Gardens Lead Agency: Planning Board of the Village of Kiryas Joel Last revised: November 29th, 2017
There will be disturbance to one-third of an acre of wetlands, as a part of its permit application to the
U.S Army Corps of Engineers (USACOE), the applicant has committed to and will be required to
construct new wetlands off-site as required by USACOE, to replace the small area of federal
wetlands on site that are proposed to be filled. The newly created wetlands will be equal to or
greater than the existing wetlands and forever preserved.
There are no anticipated impacts to floodplains, impaired waters or other regulated water bodies
associated with the development.
The approved SWPPP complies with applicable state regulations for construction activities and fill-
in of the wetlands. After site construction is complete, the SWPPP adequately mitigates the impacts
of drainage caused by at least a 25-year storm event, as required by State Law.
Required Mitigation Measures
1. A requirement of any site plan approval shall be that all stormwater infrastructure and
maintenance is enforced by a program consistent with regulations for a MS4 community.
The provisions of the program have been analyzed by the Planning Board and its Engineer.
The final details will be finalized prior to final site plan approval.
2. Approval of the detailed Final SWPPP by NYSDEC, Orange County, and the Village of
Kiryas Joel.
3. Approval of the detailed off-site remediation by the U.S. Army Corps of Engineers regulated
site prior to disturbance of the wetland.
Based upon the above, the Planning Board finds that there is no adverse impact on Water Resources
that has not been adequately mitigated by the project design or by the Mitigation Measures described
herein.
5.4 Impact on Flora and Fauna
Facts, Findings, and Potential Impacts
The site was assessed by Ecological Solutions, LLC and the original report appears in Appendix B
and in Section 3.4 of the DEIS. The site is a hardwood forest typical of well-drained sites in
Southeastern New York. There is a small wetland and shallow ponded water on site which is
federally protected.
The report examines whether or not the following species were to be found on the site, in terms of
assessing the ability of the site to support the species found in the Federal and State Databases for
endangered species found to be in general proximity of the site:
• Dwarf Wedge mussel
Page 12 of 28 Statement of Environmental Findings Veyoel Moshe Gardens Lead Agency: Planning Board of the Village of Kiryas Joel Last revised: November 29th, 2017
• Small Whorled Pogonia.
• Indiana Bats
• Northern Long Eared Bat
• Bog Turtle
According to the site ecologist, there was no evidence that species were found on this site. This site
is a common habitat found in many other regions in the state and examination of the site by
Ecological Solutions prior to further clearing is acceptable mitigation and no other mitigation is
required. The final landscape plan, which will require replanting of 1600 trees in addition to other
bushes and lawns on site, will preserve, to the maximum extent practicable, views on and off site,
and provide buffering to residence from local collector roads and from traffic noise from Route
17/future I-86.
Required Mitigation Measures
1. The property will be replanted in accordance with a final landscape plan, the details of which
will be incorporated into the final site plan approved for this project, and this installation of
which will be a condition of any certificates of occupancy of each phase.
2. The removal of trees will only occur between the months of October and March to minimize
potential impacts on threatened and endangered bats that may find the site attractive as a
summer roost.
Based upon the above, the Planning Board finds that there is no adverse impact on Flora and Fauna
that has not been adequately mitigated by the project design or by the Mitigation Measures described
herein.
5.5 Impact on Traffic
Facts, Findings and Potential Impacts
The Veyoel Moshe Gardens project consists of the development of 1,600 residential units in two
phases of 800 units each on an approximate 70-acre parcel located in the Village of Kiryas Joel.
Phase 1 is anticipated to be completed around 2021, with Phase 2 in 2025. Access will be provided
via three access roads; two onto CR 105, and one onto CR 64.
Section 3.5 DEIS discusses the Traffic Study that included eleven intersections (including the site
access roads). Intersection turning movement counts and automatic traffic recorders collected
traffic volume information, which was supplemented by data sourced from NYSDOT. Data was
collected from 6 a.m to 9 a.m. and 4 p.m. to 7 p.m. during a typical weekday. Future traffic volumes
were estimated using two methods standard to any traffic impact study, by adding a yearly growth
rate (0.5% per year in this case) and by adding in traffic estimates generated from other nearby
Page 13 of 28 Statement of Environmental Findings Veyoel Moshe Gardens Lead Agency: Planning Board of the Village of Kiryas Joel Last revised: November 29th, 2017
projects that have been approved or are nearing approval, but not yet built for the years this study
covers.
The study area intersections were analyzed based on existing, no-build (future conditions before the
project is complete), and build (after the project is complete) conditions. Questions regarding the
trip distribution and allocation of costs were received during the public comment period and
answered in the DEIS. Questions regarding plans for pedestrian facilities and the park and ride were
also received and answered in the FEIS. No changes to the recommended improvements by the
Traffic Engineer resulted from the discussions in the FEIS.
The recommendations of the Traffic Engineer contained in the Proposed Mitigation Section 3.5.6.3
of the DEIS were analyzed by the Planning Board, its consultants, Orange County DPW and
NYSDOT were its as follows:
• CR 105/Road B intersection would operate adequately with a single exit lane, operating
under stop sign control.
• The CR 105/Bakertown Road/Road A intersection will experience increases in delays due to
other development projects as well as the proposed project. Adding traffic signal control will
be necessary to provide adequate No-Build level of operations; therefore, it is assumed that
this improvement is completed by others prior to completion of Veyoel Moshe Gardens,
which will accommodate completion of the Veyoel Moshe Gardens project.
• The CR 64/Road E intersection will operate adequately as an unsignalized intersection during
Phase 1 but will require additional geometry and traffic signal control through completion of
Phase 2. A traffic signal, southbound left and right turn lanes, and a westbound right turn
lane are recommended to accommodate the project.
• The CR 64/Dunderberg Road intersection currently experiences traffic congestion around the
arrival and departure periods of the Monroe-Woodbury Middle School and High School. The
adjacent Woodbury Junction project is approximately 25% complete and will continue to add
traffic to this intersection. It is assumed that a separate right turn lane on Dunderberg Road
and traffic signal control will be added to this intersection as part of that project. Even with
these improvements, poor operations will exist during the morning arrival of school traffic.
The additional traffic demands due to the Veyoel Moshe Gardens project will necessitate the
separation of eastbound left turn and through traffic by widening CR 64.
• Travel through the CR 64/NY Route 32 intersection is necessary to gain access to the
regional transportation network (NY Route 17 and I-87) for several communities. This
intersection currently operates at an overall LOS C/D with several movements operating at
LOS E/F. Other development projects, including build out of Woodbury Junction and the
Veyoel Moshe Gardens project, will contribute to delays at this intersection. NYSDOT is
currently designing improvements for the Route 17/Route 32 interchange that will
substantially change travel patterns at this interchange. Coordination with NYSDOT is
recommended to determine the adequacy of the proposed interchange improvements.
After consultation with its consultants and other agencies, the Planning Board accepted the
recommendations of the Traffic Study are sufficient to mitigate the traffic impacts of this site.
Page 14 of 28 Statement of Environmental Findings Veyoel Moshe Gardens Lead Agency: Planning Board of the Village of Kiryas Joel Last revised: November 29th, 2017
Required Mitigation Measures
1. The Planning Board finds that the table presented below for off-site traffic improvements
will be made a condition of the site plan:
Off-site Improvement summary for Veyoel Moshe Gardens
Location Improvement Timing
CR 105/Bakertown Rd/Site Road A
-SB left turn lane on CR 105, signal control - Pedestrian bridge
-Completion before first Certificate of Occupancy (CO) -Completion prior to issuance of the 1200th CO
CR 64 (Nininger Rd)/Site Road E
-EB left turn lane, WB right turn lane, SB left and right turn lanes, open for resident traffic -Signal control
-Completion prior to issuance of the CO of the 800th unit. -Completion prior to the issuance of the CO of 1000th unit
CR 64 (Nininger Rd)/CR 95 (Dunderberg Rd)
-SB right turn lane, signal control -EB left turn lane
-To be completed prior to issuance of the 201st unit CO. -Completion before the issuance of the 201st unit C.O.
2. The project sponsor will be responsible for ensuring that all off-site improvements listed
above are constructed and implemented, based on the above schedule, and on-site
improvements are constructed in each phase, prior to issuance of the Certificates of
Occupancy for residences located in such phase.
3. All traffic improvements on County Roads will require the approval of the County prior to
and after construction.
Based upon the above, the Planning Board finds that there is no adverse impact on Traffic that has
not been adequately mitigated by the project design or by the Mitigation Measures described herein.
Page 15 of 28 Statement of Environmental Findings Veyoel Moshe Gardens Lead Agency: Planning Board of the Village of Kiryas Joel Last revised: November 29th, 2017
5.6 Impact on Air Quality
Facts, Findings and Potential Impacts
Air Quality in Orange County is most affected by vehicle exhaust, which has been shown to increase
“fine particulate matter,” a type of microscale particle pollution, where particles are less than two
and a half micros or less in width. Section 3.5.6 of the DEIS details existing agreements and
regulations concerning the control of the impacts relative to air quality caused by passenger car
traffic.
Orange County is part of a larger metropolitan transportation area which includes New York, New
Jersey and Southwestern Connecticut. This area was designated by the EPA as the NY-NJ-CT PM
2.5 Non-Attainment area. In order to be compliant with EPA regulations, a regional air quality and
transportation council had to be established, with smaller more localized regional councils created to
implement transportation improvement projects that would do their local share to improve air
quality. A discussion of the terms of the agreement appears in the DEIS in Section 3.5.6. As a
result of the work undertaken by the OCTC, and implemented projects, Orange County’s air quality
has improved, and this area is expected to be re-assessed as an “attainment area,” meaning that the
EPA has determined that levels of fine particulate matter are under recommended thresholds.
As all traffic improvements are implemented as discussed in the previous section, the proposed
project of Veyoel Moshe Gardens should not exceed the traffic emissions thresholds established in
the studies and planning documents for the Village and is not likely to cause Orange County to
exceed its agreed upon vehicle emissions budgets because thresholds for development defined by
previous studies have not been exceeded in Kiryas Joel.
Required Mitigation Measures
1. Implementation of all traffic recommendations in accordance with the DEIS and preceding
Section 6.5 of this Finding Statement.
Based upon the above, the Planning Board finds that there is no adverse impact on Air Quality that
has not been adequately mitigated by the project design or by the Mitigation Measures described
herein.
5.7 Impact on Sewers
Facts, Findings, and Potential Impacts
Veyoel Moshe Gardens will be served by the Orange County No. 1 Sewer District, in which the
property is currently located. The receiving plant for the Sewer discharge for the project will be the
Harriman Plant in Harriman, NY. This plant is owned and operated by Orange County and has a
permitted capacity of 6.0 MGD. It currently operates at 4.5 MGD.
Page 16 of 28 Statement of Environmental Findings Veyoel Moshe Gardens Lead Agency: Planning Board of the Village of Kiryas Joel Last revised: November 29th, 2017
Anticipated plans of future growth of the Orange County Sewer District No.1 are in the planning
stages for this plant that would bring the total capacity to 9.0 MGD. The anticipated date of the
additional capacity becoming available is unknown at this time.
The County has established a sewer loading value of 400 gallons per day (gpd) for all dwelling units
seeking connection to the County system. Applying the 400 gpd per unit flow computes to 640,000
gpd for the Veyoel Moshe Gardens project. At the date of the acceptance of the findings statement,
there is sufficient additional flow at the receiving treatment plant for this project as documented by
letter written by Anthony Griffen, P.E. of the Orange County Sewer District #1 (OCSD#1) to Kirk
Rother, P.E., the project engineer (Copy of letter was provided in the appendix of the FEIS). All new
infrastructure and allocation of capacity is reviewed and approved by the County before sewers
become operational. Available sewer capacity is allocated on a first come- first-serve basis when the
lateral connections to each building has been accepted by the Orange County Sewer Department,
The district is required to expand when plant capacity reaches 80%. The process of building
expansions to OCSD #1 are currently in the discussion phase, and the Applicant understands that any
sewer capacity issues must be resolved and capacity available for any building or phase prior to
issuance of any Certificates of Occupancy for any units in such phase. The applicant is not
guaranteed service based on the remaining capacity of the plant, and any approvals will be pursued
at the applicant’s risk.
Sewer from this project will flow toward the treatment facility toward the branch collector known as
the “North Interceptor,” which discharges under NYS Route 17 and ultimately to the Harriman
Plant. In order to accept the additional flow from Veyoel Moshe Gardens, a new collector main and
line would need to be installed near the project site, and would directly connect to the North
Interceptor. A route was identified that would allow for the installation of such collector line
adjacent to the westbound right-of-way of NYS Route 17 within property owned by the Village of
Kiryas Joel. In addition, the North Interceptor line will need improvements to accept the new flows
directed to it, including increasing the pipe diameter from 15 inches to a preferred diameter of 24
inches to accommodate this project and future Village growth. These recommendations can be
found in Section 3.6.2 and 3.6.3 of the DEIS.
The recommended improvements to the Orange County Sewer District #1 for offsite improvements
will adequately mitigate the needs of the project, and future benefits to the Village. These
improvements will be made a condition of approval of the site plan and are described in the
following section.
The Planning Board notes that the Applicant is proceeding at their own risk in terms of available
sewer capacity of the Orange County #1 Sewer District. Expansion of the Harriman Plant would
ensure adequate capacity for this project.
Required Mitigation Measures
1. All off-site improvements would be subject to final review, and acceptance by the Orange County
Sewer District #1 to serve this project.
Page 17 of 28 Statement of Environmental Findings Veyoel Moshe Gardens Lead Agency: Planning Board of the Village of Kiryas Joel Last revised: November 29th, 2017
2. The following off-site improvements will be required as a condition of approval of the site plan
(a) Installment of a new collector main north of the site to be directed to the North
Interceptor as described in the DEIS in Section 3.6.2 and 3.6.3. Prior to issuance of
any Certificate of Occupancy (CO) for any dwelling units.
(b) Improvements to the North Interceptor to accept the new flows directed to it,
including increasing the pipe diameter from 15 inches to a preferred diameter of 24
inches to accommodate this project and future Village growth prior to issuance of the
C.O. for any dwelling units.
3. The applicant shall obtain permits for lateral lines to buildings and service to individual units from
the Orange County Sewer District #1 prior to issuance of the Certificate of Occupancy for each
apartment.
Based upon the above, the Planning Board finds that there is no adverse impact on Sewer Supply
that has not been adequately mitigated by the project design or by the Mitigation Measures described
herein.
5.8 Impact on Water Supply (See Section 3.7 of the DEIS)
Facts, Findings, and Potential Impacts
The Village of Kiryas Joel water system is comprised of a network of tanks, pipes and wells that
supply the Villages Water needs. The current water supply is described in Section 3.7 of the DEIS.
The Village of Kiryas Joel will contract with New York City to provide potable water from the
Catskill Aqueduct, and the right to obtain water from this source has been established for all Orange
County municipalities, if they are willing to fund the connection. Once it is completely built and
online in 2020, the Village will apply for an initial taking of 2.0 mgd per day with the City of New
York. The Village has made a commitment in planning for the establishment of a long term reliable
safe and adequate water supply for the current and future demands of the Village. This involves
taking less water from local ground water sources, which has been made possible through the
planned connection to the New York City Catskill Aqueduct.
Subsequent to completion of this FEIS, the State of New York Appellate Court, Third Judicial
Department issued a decision lifting the injunction and dismissal that prohibited the Village from
using the Mountainview Well Fields (See Exhibit B). This well is not the primary source of water
for the Veyoel Moshe Garden Project, but will become a backup source of water once the Catskill
Aqueduct extension into Kiryas Joel is complete, and in operation.
A hydrant test performed on April 21, 2017 at the hydrant nearest the Veyoel Moshe Site indicated
that static water pressure from the system is well above the pressure-per-square-inch recommended
for domestic water supply, and was adequate to serve the needs of the site.
Veyoel Moshe Gardens project will be constructed in two phases, allowing time for development of
new water sources from the Catskills Aqueduct and new wells (as backup) to meet the demands of
the new project. Although evidence supports the finding that the Aqueduct will be in service by the
Page 18 of 28 Statement of Environmental Findings Veyoel Moshe Gardens Lead Agency: Planning Board of the Village of Kiryas Joel Last revised: November 29th, 2017
time that residences are ready to be occupied, the Applicant has assumed all risks and Certificates of
Occupancy would not be issued unless adequate water supply is available and approved by all
involved agencies.
Based on the analysis in Section 3.7 in the DEIS, which states that after consultation with the Village
Engineering staff involved in building the Catskill Aqueduct extension, that there is sufficient
evidence of the availability of water from the completed Catskill Water extension to be able to meet
the water demands of the project by the year 2020, before the first residential unit would be
occupied.
The water supply is based on the use of the water coming from the Catskill Aqueduct and being an
adequate water supply by the time that demands are made of the system in 2020. Use of the water
source from the Catskill Aqueduct will effectively mitigate the negative effects of using groundwater
sources for this project because it lessens the need to draw water from these local sources. The
project requires the use of this new water supply, and use of an alternative source of water would
require an appropriate environmental review as required by SEQRA.
Required Mitigation Measures
1. Approval of permits issued by the Village of Kiryas Joel, the Orange County Health
Department and NYS DEC for domestic water usage, required infrastructure improvements
and domestic water hookups, as specified in the approved engineering plans for water
infrastructure serving the site.
2. At the time of issuance of Village Building Permits and Certificates of Occupancies for each
dwelling, water resources shall be examined by the Village prior to issuance of permits to
ensure adequate water service for each dwelling.
Based upon the above, the Planning Board finds that there is no adverse impact on Water Supply that
has not been adequately mitigated by the project design or by the Mitigation Measures described
herein.
5.9 Impact on Archeological/Historic Resources
Historical Maps were examined by a professional archeologist to determine the likelihood of the
project property to have the characteristics of sites associated with prehistoric artifacts. Based on
examination of mapping and the site, there were no suitable deposits of cherts normally associated
with the presence of prehistoric tools.
In addition, the site was examined for the presence of other historical sites, including mines and
historical sites using known mining sites, and a search of the NYS Cultural Resource Inventory and
Survey (CRIS) and observation. No archeological or historic resources were found within view of
the site.
No comments were received by the Planning Board during the public comment period on the DEIS
regarding Historical or Archeological impacts.
Page 19 of 28 Statement of Environmental Findings Veyoel Moshe Gardens Lead Agency: Planning Board of the Village of Kiryas Joel Last revised: November 29th, 2017
No mitigation is necessary or recommended to protect Archeological or Historic Resources.
Based upon the above, the Planning Board finds that there is no adverse impact on Archeological or
Historic Resources that has not been adequately mitigated by the project design.
5.10 Impact on Other Residential Utility Services (Cable, Gas, and Electric)
Facts, Findings, and Potential Impacts
Electric and Natural Gas is provided by various utility companies, and delivered by Orange and
Rockland Utilities, which has an office within 2 miles of the project site. An application for service
is required to establish a connection to the existing utilities. Improvements to the system would
include utility conduits and connections for the individual users on site. All new utility lines would
be buried underground as required by law. As a part of application approval, Orange and Rockland
Utilities reviews all new proposed infrastructure from the point of delivery from the existing grid to
the buildings before service is activated.
The use of the utility conduits is available for other services providers (normally phone and cable
services) and coordinated by Orange and Rockland Utilities. The use and expansion of these
services are driven by demand from individual unit owners.
The project will create the need to serve the electrical and heating needs for 1600 residential units,
two free-standing community buildings, and two basement community buildings. Many of the
residents do not own televisions, however some residential units may want access to internet service
or home telephones. The current service providers (Optimum and Frontier) welcome new customers
into their systems.
The project would be required to arrange for private carting of the domestic garbage to a licensed
facility.
No additional mitigation is necessary for domestic residential services.
Required Mitigation Measures
1. The project sponsors will be required to have its utility service plans reviewed by Orange and
Rockland to ensure that connections into the existing grid create a service delivery
infrastructure that can be accepted by Orange and Rockland, and all other service providers
will be provided access to this site through this conduit.
Based upon the above, the Planning Board finds that there is no adverse impact on Utility Services
that has not been adequately mitigated by the project design or by the Mitigation Measures described
herein.
Page 20 of 28 Statement of Environmental Findings Veyoel Moshe Gardens Lead Agency: Planning Board of the Village of Kiryas Joel Last revised: November 29th, 2017
5.11 Impact on Schools and School Services
Facts, Findings, and Potential Impacts
Education of the majority of the children that are part of the Kiryas Joel community is provided by a
robust system of private schools. These schools are supported by private donations and student
tuition and expand as needed to serve their populations. Supplementing the private schools is the
Kiryas Joel Union Free School District, which provides transportation to private school students, and
provides special programs to serve the special needs population, and provides Title One remedial
educational services to incoming students, most of which come into the school system from homes
that do not speak English as a primary language. Section 3.10.2 of the DEIS estimated that this
project would generate approximately 4652 school aged children. Most of these children would
attend private schools, which are supported by the Kiryas Joel Union Free School District.
The private schools and the Kiryas Joel Union Free School District have plans to expand schools
within and outside the Village of Kiryas Joel as described in Section 3.10.2 of the DEIS. These
expasions will double the capacity of most of schools that serve the Village. Plans for expansion
were based on population projections prepared by the Kiryas Joel Union Free School District and the
heavy demand for services of the private schools that are located in or near Kiryas Joel.
In consideration of the advanced planning and expansion conducted by the schools, sufficient
resources will be available to serve children on the site. No additional mitigation is necessary.
Based upon the above, the Planning Board finds that there is no adverse impact on Public Schools
that has not been adequately mitigated by the project design.
5.12 Impact on Public Services
Fact, Findings, and Potential Impacts
The Village of Kiryas Joel provides a unique living situation unlike the predominately secularized
bedroom communities surrounding it in Orange County. Residents enjoy more fully developed
public services than other communities. It is expected that this site will generate approximately
9120 people living in the 1600 residential units.
Section 3.11 of the DEIS examined the following Village Services as required in the Scoping
Document:
• Village Transportation Department
• Village Public Safety Department
• Fire Department
• Ambulance Services
• Outdoor Recreation and Parks
Page 21 of 28 Statement of Environmental Findings Veyoel Moshe Gardens Lead Agency: Planning Board of the Village of Kiryas Joel Last revised: November 29th, 2017
The Village has planned service expansion of all service districts and Rauch Hachaim Park, knowing
that demand on services would likely increase with the future population expansion. Service to the
development would expand over an eight-year period, as this project is fully built out, allowing
service districts time to assess their needs and expand if necessary. Kiryas Joel residents are also
eligible to receive services from the Town of Monroe, and/or succeeding Town of Palm Tree.
Residents of Kiryas Joel rely on the Town for marriage licenses, and use of the park facilities,
maintenance of town roads that come through Kiryas Joel. Senior residences are also eligible to use
the Monroe Dial-a-Bus service. Residents do not ordinarily use the Monroe Arts Center or Senior
Center Programs, despite paying a share of taxes for these facilities.
Maintenance of the Village roads, garbage pickup, all emergency services, public transportation
services, and Village parks are paid for by a combination of taxes and user fees paid to the Village
for those services.
The creation of the Town of Palm Tree would eliminate the need of the Town of Monroe to provide
services to the residents of Kiryas Joel. Services that are now provided by the Town of Monroe, such
as marriage licenses, would be provided by the Town of Palm Tree. The formation of the new town,
while recently approved and authorized by the electorate of the Town of Monroe, will take time, and
a schedule to transition services from one municipality to another is in the process of being created
and implemented, which will include consideration of necessary services to serve this project.
In recognition of the robust network of public services available to Village residents, services
provided by the Town of Monroe will be minimal, and new residents would not have a detrimental
impact on services currently provided by the Town.
The provision of services to these new residents in the newly created Town of Palm Tree, will likely
consist of marriage licenses, use of some park facilities, road maintenance, and senior transportation
will equally affect all residents in the Village of Kiryas Joel, as these services would no longer be
provided by the Town of Monroe. As such the provision of such services will be considered during
the formation of the Town of Palm Tree.
All Village services providers have indicated that they would be able to serve new residents, and
funding to expand services would likely be sufficient, since taxes for these services are in the
process of expansion and would be funded by increased taxes on the improvements prior to their
occupation by residents and residents would be paying taxes to the Town of Palm Tree for services
currently provided by the Town.
No Mitigation is required.
Based upon the above, the Planning Board finds that there is no adverse impact on Public Services
that has not been adequately mitigated by the project design.
Page 22 of 28 Statement of Environmental Findings Veyoel Moshe Gardens Lead Agency: Planning Board of the Village of Kiryas Joel Last revised: November 29th, 2017
5.13 Fiscal Impacts
Facts, Findings and Potential Impacts
Section 3.12 of the DEIS examines the impact of the project on taxing districts that would be
responsible for providing municipal or public services to new residents living in the complex. The
analysis is based on a per-capita basis when possible, based on population values derived from those
affected in the current taxing districts.
As disclosed in the DEIS in Section 3.12.1, as vacant land, the property generated $11,093.52 in
revenue to all taxing districts in 2015. These taxes were paid to the Town of Monroe and the County
of Orange. The DEIS also disclosed, that once completed, the project would generate $5,309,585.84
in taxes, if the value of the property was assessed at the current rates used by the Town of Monroe
Assessor’s Office. Based on the assessment rate, the following table estimated tax generation at full
buildout was provided in the DEIS and appears below:
Total Estimated Taxes Generated from Veyoel Moshe Gardens Condominiums at Full
Buildout, at an Estimated Total Value of $43,973,000
Taxing District Tax Rate (per 1000
value)
Total Estimated Tax
Orange County 20.7324 $911,655.83
Co. 1 Bond STP 2.1983 $96,665.85
Co.1 Bond Laterals .1158 $5,092.07
Kiryas Joel Union Free
School District
73.92 $3,250,484.16
Town of Monroe Town
Wide
7.46 $328,038.58
Village of Kiryas Joel 16.32 $717,639.36
Total to all districts
$5,309,585.84
Source: Veyoel Moshe Gardens DEIS, Table 3.12-4
As the new residents move into the area, they would need to use public services, and participate in
the funding of those services, however, taxes will increase on the site during the construction.
According to the Town of Monroe Assessor’s office, the property and partially constructed
improvements are assessed with a value, and generate taxes to the districts. As a result, for three
years prior to new residents’ arrival, additional funding would come into tax districts with
improvements that increase the value of the property on a yearly basis. The increased revenue from
the partially completed project provides seed money to the districts to help pay for the expansion of
services funded by the taxing districts prior to their use. Because of the size of the project and cost
of the investments, the revenue from the uncompleted project would be a significant contribution to
the taxing districts.
Page 23 of 28 Statement of Environmental Findings Veyoel Moshe Gardens Lead Agency: Planning Board of the Village of Kiryas Joel Last revised: November 29th, 2017
The analysis could not predict how much revenue would go into each taxing district from the
property assessed with partially completed or unoccupied homes over the five to eight-year period of
construction. Thus, it was based on assessments that assumed that the property was completely built
and occupied. In addition, the analysis did not consider the effects of “economy of scale,” or the
likelihood that with more users, some services would have efficiencies that would occur naturally,
creating a lower “per capita” expense once the districts were expanded.
Because of these shortcomings, minor shortfalls of per capita tax revenue were disclosed in the DEIS
for the Town of Monroe and the Village of Kiryas Joel’s general funding tax districts. However, it is
likely that these shortfalls would be funded by increase in taxes paid as a result of assessment
changes over the 5 to 8 year construction period of the unoccupied buildings, which is likely to be
significant, since the completed project has a projected assessed value of just under $44 million
dollars.
When the Town of Palm Tree is formed, the Village of Kiryas Joel , including the Veyoel Moshe
Gardens Property will be part of the new Town, would no longer pay taxes to the Town of Monroe
and would pay taxes to the Town of Palm Tree instead. Prior to the official formation of the Town
of Palm Tree, the Town of Monroe would benefit from the increased revenue from taxes generated
on the partially completed and unoccupied Veyoel Moshe Garden residences.
The analysis in Section 3.12 of the DEIS as summarized and further analyzed above, demonstrates
that sufficient tax revenue will be created to support the ongoing development of services paid for by
property taxes prior to occupation of the residential units.
Sufficient revenue will be generated by all taxing districts to cover the costs associated with the
provision of services to the residents.
When the Town of Palm Tree is formed, the effect of such formation would equally affect all
residents of Kiryas Joel, including future residents of Veyoel Moshe Gardens, and revenue paid from
this project would contribute to the town services that would be transferred from the Town of
Monroe’s responsibility to the newly formed Town of Palm Tree.
The Planning Board determines that benefits of providing needed housing for the Kiryas Joel
community far outweigh slight increases to the costs of providing residents with the benefits of the
services, if there are any increases.
Based upon the above, the Planning Board finds that there is no adverse impact on Service Tax
Districts (Fiscal Impacts) that have not been adequately mitigated by the project design.
5.14 Visual Impacts
Facts, Findings, and Potential Impacts
The project site is located on an undeveloped parcel of land within the Village of Kiryas Joel, and is
visible from the public rights of way of Route 17/Future 86, Nininger Road, Larkin Road (when
Page 24 of 28 Statement of Environmental Findings Veyoel Moshe Gardens Lead Agency: Planning Board of the Village of Kiryas Joel Last revised: November 29th, 2017
viewed across the highway) and Bakertown Road. It is best described as vacant land that has been
cleared at some point for farming activities or tree harvesting, but tree growth has naturally re-
established with a variety of deciduous trees creating a forested area. The value of the visual
resource is linked to the general features of the site common to the Hudson Valley residents, and not
a unique value of the forested area in terms of ecological significance.
Section 3.13 of the DEIS discussed the Visual Impact of the establishment of the Veyoel Moshe
Gardens Condominium Complex on nearby Parks and Historic Resources, including the Long Path
Trail on Schunnemunk Mountain, area parks, and roads adjacent to the site.
Although completely wooded from time to time, this site has been stripped of trees prior to the
clearing as recently as the mid-seventies and has been within the Village of Kiyras Joel since 1983,
and has been zoned for housing of this density since it was annexed.
The Planning Board received comments from the public concerning the views from the site and the
adequacy of the analysis. This discussion appears in the FEIS adopted on October 22, 2017.
Concerns were raised regarding the visibility of the site from Nininger Road, the Long Path, and
from new residential construction in the Town of Woodbury, called Woodbury Junction. Based on
these additional questions, the Planning Board examined the site for potential impacts based on
questions regarding the potential visual impact of the residential buildings on Woodbury Junction.
They study demonstrated that there was a 200 foot treed buffer owned by the Town of Woodbury, a
knoll that was at least 100 feet higher than the rooflines of both properties, and about 1200 feet
between Woodbury Junction and Veyoel Moshe Gardens that is currently forested with full grown
trees. Because of these existing buffers, distance and natural topography, residential views will be
unaffected.
Kiryas Joel requires that a tree be planted at a ratio of one tree per dwelling. This requirement is in
addition to other landscaping, such as grass, bushes and flowers that would become part of the
landscaping plan. These trees would be scattered throughout the site to provide shade and soften the
views of the buildings once they are full grown. The current landscaping plan will also re-establish
the buffer between Nininger Road and the residences to enhance the privacy of the residents and
soften the views off site along the areas where it is most visible outside of Kiryas Joel along Route
17, Nininger Road, Bakertown Road and Larkin Drive near the intersection of Bakertown Road.
Trees used in this landscaping plan will be a mixture of oaks, maples, pines, and other native trees
common in this area, depending on the need for screening and privacy. Once grown, the trees will
blend in with natural areas that have natural cover.
The DEIS provided sufficient evidence to demonstrate that the site would not have a significant
impact on the Long Trail, because of the distance, intervening topography. There is about 100 feet
of elevation change between the property and portions of the Long Trail that are close to Kiryas Joel.
This property also slopes away from the long trail if viewed from the south significantly.
An additional study of the Visual Impact of the project demonstrated that there will be no significant
environmental impact on the Woodbury Junction project.
Page 25 of 28 Statement of Environmental Findings Veyoel Moshe Gardens Lead Agency: Planning Board of the Village of Kiryas Joel Last revised: November 29th, 2017
The Planning Board determined that when weighed against the critical need for housing in Kiryas
Joel and clearly ambient views from a four-mile distance of portions of the Long Path within the
Schunnemuck Mountain Park, the Planning Board finds that the edges of the property that may be
visible through other development and intervening topography is acceptable.
The re-establishment of 1600 of native trees characteristic with the forest that naturally regrows on
the site will be sufficient to mitigate the loss of trees on site, and once these trees mature, they will
help soften views onto the site and help to protect the privacy of the new residents.
Required Mitigation Measures
1. The approval of a final landscaping plan and tree plan that will include at least 1600 trees on site,
in addition to bushes and other landscaping on site, and offer buffering for the benefit of the
residents and softening of views on and off site, especially at locations at the property boundary and
Nininger Road.
2. Lighting must be shielded to avoid light spilling onto adjacent properties and into residential
windows, and such lighting plan will be approved as part of the final site plan approval.
Based upon the above, the Planning Board finds that there is no adverse impact on Visual Impacts
that has not been adequately mitigated by the project design.
5.15 Growth Inducing Impacts that will occur upon Implementation of this Project.
Facts, findings and Potential Impacts
As stated in Chapter 4 of the DEIS, the plans for this project are in response to the population
growth in the Village, and would be required to accommodate residents already living in the Village
as they grow up and establish homes of their own. The demand for housing has already increased
housing costs in Kiryas Joel, making housing less affordable for those who are the most vulnerable
to rising costs. Public comments also supported the assessment in the DEIS for the need for new
housing.
Encouraging the development within a community that is compact and efficient is better than
continuing to develop housing in the sprawling pattern of single family housing in surrounding
communities.
Based upon the above, the Planning Board finds that there is no adverse impact on Growth Inducing
Impacts that has not been adequately mitigated by the project design.
Page 26 of 28 Statement of Environmental Findings Veyoel Moshe Gardens Lead Agency: Planning Board of the Village of Kiryas Joel Last revised: November 29th, 2017
5.16 Alternatives that were considered.
Facts, findings and Potential Impacts
The following alternatives were considered in the DEIS in Chapter 5: No Action (meaning that the
project would remain unbuilt); a project with 1500 units, and a project having three phases instead of
two.
If the project is abandoned, the development potential consistent with the current proposal remains
as a potential of the site.
However, because of the critical need for housing in this community and the suitability of the site to
support such housing of the site, alternatives with less housing than what could be suitably provided
in accordance with the Zoning Code was not necessary, and that the request to study 1600 units
instead of 1500 units was entirely appropriate, given the demand for housing in Kiryas Joel, and the
rising costs that have the potential to affect the affordability of decent housing.
The creation of the project in two phases allows for more building efficiency than what would be
created with three phases because of opportunities created to establish shared infrastructure on the
site and decrease disturbance to residences in the Village and to those living adjacent to project
construction.
Based upon the above the Planning Board determined that the alternative as proposed is the most
suitable alternative for development of the property.
5.17 Irreversible or Irretrievable Commitments of Resources
Facts, Findings, and Potential Impacts
The DEIS discloses in Chapter 6 that these units will require the commitment of several resources
that would become unavailable once the project is constructed as described in Chapter 6 of the
DEIS. This includes utility and municipal services provided to the residences, and changes to the
undeveloped land into a multiple-family residential complex.
The commitment of resources is necessary to the establishment of these residences and is acceptable,
when you take into consideration the need for housing in Kiryas Joel for future residences, and the
current pressure on prices on housing that threaten to displace those that are most vulnerable due to
the cost of rising housing.
Based upon the above the Planning Board determined that the commitment of resources is necessary
for the proposed development of the property.
Page 27 of 28 Statement of Environmental Findings Veyoel Moshe Gardens Lead Agency: Planning Board of the Village of Kiryas Joel Last revised: November 29th, 2017
5.18 Adverse Impacts that Could Not be Avoided
Facts, Findings and Potential Impacts
In Chapter 7, the DEIS discloses that the enjoyment of the views offered by the undeveloped
property, which has full grown trees cannot be avoided, nor can the loss of habitat for the local flora
and fauna. Once the property is fully constructed and trees are re-established, it is expected that
some species would find the urban environment suitable for foraging and habitat.
The conversion of the site to residences will require the expansion of municipal services, which
results in the need to expand budgets and property taxes. Expansion would occur over an eight-year
period, allowing for districts to anticipate and begin planning for increased demand.
For reasons stated in previous sections of this Findings Statement, the adverse impacts are mitigated
to the greatest extent possible, and when weighed against the critical need for housing in this
community, the adverse impacts stated in this section are acceptable.
Page 29 of 28 Statement of Environmental Findings Veyoel Moshe Gardens Lead Agency: Planning Board of the Village of Kiryas Joel Last revised: November 29th, 2017
Exhibits
Exhibit A
State of New YorkSupreme Court, Appellate Division
Third Judicial Department
Decided and Entered: October 26, 2017 524669 ________________________________
In the Matter of VILLAGE OFWOODBURY et al.,
Appellants,v
BASIL SEGGOS, as ActingCommissioner ofEnvironmental Conservation,et al.,
Respondents.
(Proceeding No. 1.) MEMORANDUM AND ORDER
In the Matter of BLACK ROCKFOREST CONSORTIUM et al.,
Appellants,et al.,Petitioners,
v
NEW YORK STATE DEPARTMENT OFENVIRONMENTAL CONSERVATIONet al.,
Respondents.
(Proceeding No. 2.)________________________________
Calendar Date: September 8, 2017
Before: McCarthy, J.P., Egan Jr., Lynch and Devine, JJ.
__________
Feerick Lynch MacCartney & Nugent PLLC, South Nyack (DennisE. A. Lynch of counsel), for Village of Woodbury and another,appellants.
�� ���������������
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Drake Loeb PLLC, New Windsor (Stephen J. Gaba of counsel),for Black Rock Forest Consortium and others, appellants.
Catania, Mahon, Milligram & Rider, PLLC, Newburgh (John W.Furst of counsel), for Village of Cornwall-on-Hudson, appellant.
Eric T. Schneiderman, Attorney General, Albany (Philip Beinof counsel), for Basil Seggos and another, respondents.
Whiteman Osterman & Hanna LLP, Albany (Robert S. RosboroughIV of counsel), for Village of Kiryas Joel and another,respondents.
__________
Devine, J.
Appeal from a judgment of the Supreme Court (Zwack, J.),entered May 24, 2016 in Albany County, which, among other things,in two combined proceedings pursuant to CPLR article 78 andactions for declaratory judgment, granted respondents' motions todismiss the amended petition/complaint in proceeding No. 2.
Respondent Village of Kiryas Joel is located in OrangeCounty and uses several wells for its municipal water supply. Kiryas Joel has been building, in the face of legal challenges, a13-mile long pipeline that would allow it to tap into an aqueductowned and operated by the City of New York for additional water(see Administrative Code of City of NY § 24-360; Matter of Countyof Orange v Village of Kiryas Joel, 44 AD3d 765 [2007]; see alsoMatter of Town of Woodbury v County of Orange, 114 AD3d 951, 952-953 [2014], lv denied 24 NY3d 903 [2014]). Authorization towithdraw water from the aqueduct will not be granted unlessKiryas Joel demonstrates, among other things, that it has "anadequate backup water supply source" in the event water from theaqueduct is unavailable.
Kiryas Joel acquired property in Mountainville, Town ofCornwall, Orange County that was suitable for a needed pumpstation along the pipeline route and provided access to a
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principal aquifer with "abundant potential water supply" (StateDept of Envtl Conservation, Division of Water Technical andOperational Guidance Series [2.1.3]: Primary and PrincipalAquifer Determinations, at 2 [Oct. 23, 1990], available athttp://www.dec.ny.gov/docs/water_pdf/togs213.pdf [accessed Oct.20, 2017]). Following favorable hydrogeological testing, KiryasJoel applied to respondent Department of EnvironmentalConservation (hereinafter DEC) for a permit to develop a wellfield at the Mountainville site and withdraw water from theaquifer. Respondent Village of Kiryas Joel Board of Trustees(hereinafter Village Board), a respondent in proceeding No. 1,then assumed lead agency status for the review of the welldrilling conducted under the State Environmental Quality ReviewAct (see ECL art 8 [hereinafter SEQRA]). The Village Boardultimately made a negative declaration under SEQRA, finding nosignificant adverse environmental impact flowing from the wellfield development, and a challenge to that determination wasdismissed by Supreme Court (Lefkowitz, J.) in 2014.
The water supply permit application was reviewed by DECwhile the SEQRA process and challenge to it was ongoing, and DECissued a draft permit in 2013 and conducted a legislative hearingto consider public comment. In 2015, DEC issued a final permitthat consolidated all of Kiryas Joel's prior supply permits andallowed the monitored withdrawal of up to 612,000 gallons ofwater a day from a well at the Mountainville site. These hybridCPLR article 78 proceedings and declaratory judgment actionsfollowed.
Petitioners in proceeding No. 1 sought relief includingannulment of the water withdrawal permit, a declaration that theVillage Board's SEQRA determination was void and an injunctionbarring the permitted water withdrawal from the Mountainvillesite. Petitioners in proceeding No. 2 sought similar relief. Astipulation subsequently joined the two proceedings and theparties agreed to rely upon a single record and filing schedule.
DEC and respondent Acting Commissioner of EnvironmentalConservation served an answer in proceeding No. 1 that raisedseveral objections in point of law, including that petitionerslacked standing to commence it. DEC moved to dismiss proceeding
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No. 2 on various grounds, including standing, and the otherrespondents moved to dismiss both proceedings. Further motionpractice ensued that included a cross motion by the proceedingNo. 1 petitioners for summary judgment. Supreme Court thereafterissued a judgment holding that only petitioners Village ofWoodbury, Town of Woodbury, Village of Cornwall-on-Hudson andTown of Cornwall in proceeding No. 1 (hereinafter themunicipalities) had standing to bring suit. As for them, SupremeCourt noted that the challenges to the SEQRA determination werebarred by res judicata in some cases and untimely in all, as wellas that the claims relating to the grant of the water withdrawalpermit were belied by "overwhelming documentary evidence." Supreme Court accordingly dismissed the amended petitions/complaints in their entirety, prompting these appeals by allpetitioners in proceeding No. 1 and petitioners Storm King ArtCenter and Black Rock Forest Consortium in proceeding No. 2.1
The issue of standing having been raised, petitioners wereobliged to "establish[] both an injury-in-fact and that theasserted injury is within the zone of interests sought to beprotected by the statute alleged to have been violated" (Matterof Association for a Better Long Is., Inc. v New York State Dept.of Envtl. Conservation, 23 NY3d 1, 6 [2014]; see Matter of CleanWater Advocates of N.Y., Inc. v New York State Dept. of Envtl.Conservation, 103 AD3d 1006, 1007 [2013], lv denied 21 NY3d 862[2013]). Petitioners must have more than "[g]eneralizedenvironmental concerns" to satisfy that burden and, unlike incases involving zoning issues, "there is no presumption ofstanding to raise a SEQRA [or other environmental] challengebased on a party's close proximity alone" (Matter of Save OurMain St. Bldgs. v Greene County Legislature, 293 AD2d 907, 908[2002], lv denied 98 NY2d 609 [2002]; see Matter of Shapiro vTorres, 153 AD3d 835, 836 [2017]). Moreover, "[t]he injury infact element must be based on more than conjecture orspeculation" (Matter of Animal Legal Defense Fund, Inc. vAubertine, 119 AD3d 1202, 1203 [2014]). Standing rules are notapplied "in an overly restrictive manner" that will "completely
1 This Court granted a preliminary injunction pending theoutcome of these appeals (2017 NY Slip Op 74402[U]).
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shield a particular action from judicial review" (Matter ofAssociation for a Better Long Is., Inc. v New York State Dept. ofEnvtl. Conservation, 23 NY3d at 6), however, and we will "deemthe allegations in the petition[/complaint] to be true andconstrue them in the light most favorable to the petitioner[s]"in assessing whether a sufficiently precise injury has beenarticulated (Matter of Town of Amsterdam v Amsterdam Indus. Dev.Agency, 95 AD3d 1539, 1541 n 3 [2012]; see Matter of Powers v DeGroodt, 43 AD3d 509, 512 [2007]).
Supreme Court determined, and we agree, that petitionerBlack Rock Fish and Game Club of Cornwall, Inc. in proceeding No.1, as well as the proceeding No. 2 petitioners, lacked standing. All of those petitioners are organizations who alleged that theapproved water withdrawal might deplete ground water in the areato the extent that "water-dependent natural resources," such asthe nearby Woodbury Creek, will be impacted. Accepting thoseallegations at face value – and assuming that these petitionerseither did, or did not need to, articulate grounds fororganizational standing (see New York State Assn. of NurseAnesthetists v Novello, 2 NY3d 207, 211 [2004]) – the harm is "nodifferent in kind or degree from that suffered by the generalpublic in the vicinity . . . and [does] not confer standing"(Matter of Powers v De Groodt, 43 AD3d at 513; see Matter of Savethe Pine Bush, Inc. v Planning Bd. of Town of Clifton Park, 50AD3d 1296, 1297-1298 [2008], lv denied 10 NY3d 716 [2008]; Matterof Buerger v Town of Grafton, 235 AD2d 984, 985 [1997], lv denied89 NY2d 816 [1997]). Accordingly, Supreme Court properlydismissed proceeding No. 1 with regard to Black Rock Fish andGame Club of Cornwall, Inc. and proceeding No. 2 in its entirety,on standing grounds.
The remaining proceeding No. 1 petitioners – including,contrary to the conclusion of Supreme Court, petitioners Henry N.Christensen Jr., Susan Webber Christensen and Sevinch Bridges –had standing. An impact upon a nearby landowner's water supplyconstitutes an injury specific enough to confer standing tochallenge the action that caused it (see ECL 15-1503 [2] [c],[f]; Matter of Humane Socy. of U.S. v Empire State Dev. Corp., 53AD3d 1013, 1017 [2008], lv denied 12 NY3d 701 [2009]; Matter ofMany v Village of Sharon Springs Bd. of Trustees, 218 AD2d 845,
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845-846 [1995]), and that is precisely the type of injury theneighbors allege the Mountainville well will cause to theirprivate wells. They further submitted the affidavit of ahydrogeologist in support of their claims, who opined that therewas not "sufficient data available" to justify DEC's lack ofconcern as to the "potential" threat. The neighbors therefore"asserted a concrete interest in the matter [DEC] is regulating,and a concrete injury from the agency's failure to followprocedure" sufficient to confer standing (Matter of Associationfor a Better Long Is., Inc. v New York State Dept. of Envtl.Conservation, 23 NY3d at 7). The municipalities made similarallegations that the approved use of the Mountainville well willeither affect the use of ground water in that area for municipalwater supplies or impact residents who may suffer impacts totheir private wells as a result of the withdrawal. Inasmuch asthese allegations show "how [the municipalities'] personal orproperty rights, either personally or in a representativecapacity, will be directly and specifically affected apart fromany damage suffered by the public at large, and [how they] willsuffer an injury that is environmental and not solely economic innature," they also have standing (Matter of Town of Amsterdam vAmsterdam Indus. Dev. Agency, 95 AD3d at 1541 [internal quotationmarks and citations omitted]; see Matter of Village ofCanajoharie v Planning Bd. of Town of Florida, 63 AD3d 1498, 1501[2009]).
As the bulk of the proceeding No. 1 petitioners havestanding, we turn to the merits of the arguments therein.2 Initially, while we do not agree with its stated rationale,Supreme Court was correct in dismissing the claims in proceedingNo. 1 relating to the SEQRA determination rendered by the Village
2 The proceeding No. 1 petitioners cross-moved for summaryjudgment before Kiryas Joel and the Village Board served ananswer and, having "charted their own procedural course," theywill not be heard to complain that Supreme Court erred inreaching the merits of their claims (Becher v Feller, 64 AD3d672, 676-677 [2009] [internal quotation marks and citationomitted]; see Erie Ins. Group v National Grange Mut. Ins. Co., 63AD3d 1412, 1414 n 2 [2009]).
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Board. There is no question that a challenge to the SEQRAdetermination itself is time-barred since it was issued in 2012and, regardless of how the proceeding No. 1 petitioners styletheir claims, "[a] four-month statute of limitations isapplicable to allegations of SEQRA violations" (Matter of Eadie vTown Bd. of Town of N. Greenbush, 22 AD3d 1025, 1027 [2005], affd7 NY3d 306 [2006]; see CPLR 217 [1]; Chase v Board of Educ. ofRoxbury Cent. School Dist., 188 AD2d 192, 195 [1993]). Theproceeding No. 1 petitioners attempt to avoid this problem byarguing that they are not challenging the initial 2012 SEQRAdetermination, but rather the later refusal to reopen the SEQRAreview process when changes in circumstances gave rise topotential significant adverse environmental impacts arising fromthe development of the Mountainville site (see 6 NYCRR 617.7[f]). Kiryas Joel made clear no later than July 15, 2015 that itperceived nothing that would require "further re-consideration"under SEQRA, however, and proceeding No. 1 was not commenceduntil November 27, 2015. Therefore, to the extent that refusalconstituted a new determination capable of review (see Matter ofBoyles v Town Bd. of Town of Bethlehem, 278 AD2d 688, 691[2000]), the attacks against it were untimely.
As for the arguments surrounding the issuance of the waterwithdrawal permit, DEC did not abuse its discretion in concludingthat an adjudicatory hearing on the permit application wasunnecessary. Kiryas Joel retained a groundwater andenvironmental engineering firm to assess the Mountainville siteand conduct a 72-hour water pumping test. The test was conductedin 2011 and found "stabilized yield and water-level drawdown at[the] pumping rate" sought in the permit application. DEC thenconducted a legislative hearing where it heard public comments onthe permit application, after which it expressly found that thepump test had complied with the recommended procedures and thatthe proposed well would "safely yield the proposed . . .withdrawal amount . . . without interference impacts on sourcesof other users." DEC further found that many of the concernsraised in the public comments involved issues irrelevant to thepermitting process and that relevant concerns, includingpotential impacts on nearby surface waters and other users of theaquifer, were either entirely illusory or could be addressed ifmonitoring disclosed them. Indeed, DEC addressed the concerns of
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commenters without placing any major restrictions on thepermitted water withdrawal, ensuring that any negative impacts ofthe water withdrawal would be detected by monitoring andaddressed (see ECL 70-0119 [1]; 6 NYCRR 621.8 [b]; 624.4 [c] [3];Matter of Riverkeeper, Inc. v New York State Dept. of Envtl.Conservation, 152 AD3d 1016, 1018 [2017]).3 Therefore, mindfulthat "our role is not to 'reweigh the factors and substitute[our] judgment for that of'" DEC, we cannot say that its refusalto conduct an adjudicatory hearing was arbitrary and capricious(Matter of Eastern Niagara Project Power Alliance v New YorkState Dept. of Envtl. Conservation, 42 AD3d 857, 861 [2007],quoting Matter of Gallo v State of N.Y., Off. of MentalRetardation & Dev. Disabilities, 37 AD3d 984, 985 [2007]; seeMatter of Riverkeeper, Inc. v New York State Dept. of Envtl.Conservation, 152 AD3d at 1018).4
DEC was authorized to grant a permit after analyzing thefactors set forth in ECL 15-1503 and "suitably explained" thatanalysis in a written response to comments by the public and
3 Kiryas Joel was required to implement a "monitoring andaction plan" for the Woodbury Creek and have approved mitigationmeasures ready in the event that the water withdrawal caused "asignificant lowering of Woodbury Creek water levels." It wasfurther directed to "provide an adequate supply of water" to any"residents whose private drinking water wells are significantlydiminished or rendered non-productive by the" approvedwithdrawal.
4 According deference to the conclusion of DEC that none ofthe public comments raised "substantive and significant issues"that might "result in denial of the permit application, or theimposition of significant conditions thereon" (6 NYCRR 621.8[b]), there was no legal requirement to hold an adjudicatoryhearing. The legislative hearing provided a sufficientopportunity to be heard under these circumstances, and anadjudicatory hearing was not required as a matter of due process(see Matter of Scherbyn v Wayne-Finger Lakes Bd. of Coop. Educ.Servs., 77 NY2d 753, 757 [1991]; Matter of Akshar v Mills, 249AD2d 786, 787-788 [1998], lv denied 92 NY2d 962 [1998]).
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rejoinders by Kiryas Joel made after the legislative hearing onthe permit application (Matter of Hudson Riv. Fisherman's Assn. vWilliams, 139 AD2d 234, 240 [1988]). After reviewing the recordourselves, we are satisfied that a rational basis supported theissuance of the permit (see id. at 238). DEC reviewed thesignificant documentation submitted with the application,conducting a public hearing and considered both the submittedcomments and the responses offered by Kiryas Joel. DEC largelyagreed with Kiryas Joel's responses and, indeed, "accept[ed] andincorporate[d]" the bulk of them into its own responses.
Kiryas Joel described the efforts it had made to conservewater, efforts that had resulted in major reductions in waterusage and which it intended to continue, but it simply would nothave an adequate municipal water supply without developing a newsource of water (see ECL 15-1503 [2] [e], [g]). Kiryas Joelexplained that, notwithstanding the spectral suspicions ofperfidy on the part of the proceeding No. 1 petitioners, itintended to complete construction of the aqueduct pipeline anduse water from the aqueduct. DEC acknowledged the existence ofthe aqueduct as required under ECL 15-1503 (2) (a), but notedthat it did not have jurisdiction over Kiryas Joel's connectionto that source. Even if Kiryas Joel had abandoned that plan,however, it provided data showing how, in conjunction with itsalready permitted wells elsewhere, drawing water from theMountainville site could satisfy the maximum peak daily demandfor municipal water for the foreseeable future (see ECL 15-1503[2] [a], [b]; 6 NYCRR 601.11 [c] [1], [2]). The limits placed onthe daily water withdrawal ensured that the needs of Kiryas Joel,which it detailed, would be met without excess (see ECL 15-1503[2] [e]). DEC further cited the pump test – which it noted hadbeen "conducted and reported in a scientifically rigorous manner"that produced valid conclusions – to determine that the proposedmaximum daily water withdrawal would have no impact upon thewater supply of others and would not harm the aquifer or othernatural resources (see ECL 15-1503 [2] [c], [f]).
Kiryas Joel lastly represented, and DEC found no reason todoubt, that the proposed use would comply with other applicableagreements and laws (see ECL 15-1503 [2] [h]). The proceedingNo. 1 petitioners and others submitted evidence in an effort to