EAC recommends negative declaration for Transit Road storage project amid statewide wetland rule uncertainty

The Bay North EAC recommended a negative declaration for the item identified as 4868 Transit after staff and the applicant discussed mapped wetlands, DEC comments and the implications of new statewide wetland regulations.

DEC and agency input: members said the DEC advised the town to consult on the need for a Stormwater Pollution Prevention Plan (SWPPP) and to consult the U.S. Army Corps of Engineers; transcript participants referenced a DEC letter dated Dec. 16, 2024. A town consultant who spoke at the meeting said the DEC’s new rules reduce wetland area thresholds (cited in the meeting as from roughly 12.4 to 7.4 acres) and that the new threshold likely will not apply to the project because the site is not near those sizes, but that an “unusual local importance” designation could change the analysis.

Applicants and consultants warned that the DEC’s new process is in flux and that jurisdictional determinations filed under the new procedure could take longer than the advertised 90 days; one consultant said state staff in Albany have not provided clear guidance on how pending projects will be treated.

Site safety and services: the applicant confirmed there is a fire hydrant on the southeast corner of the property and that the back corner of the proposed storage building falls within the 400-foot distance the fire code checks for hydrant proximity.

The vote: after discussion the EAC voted to recommend a negative declaration; members asked staff to note DEC comments in the record and to require any needed consultations with wetland consultants or the U.S. Army Corps of Engineers if the DEC later requires them.

Next steps: committee staff will forward the recommendation to the town board and advise the applicant to pursue any jurisdictional determinations and to coordinate with the town’s wetland consultant (Scott Livingston, referenced in the meeting) as needed.