NOTICE OF PUBLIC HEARING

NOTICE IS HEREBY GIVEN that in accordance with Eminent Domain Procedure Law

§202, a public hearing will be held virtually via WebEx at 6:00 p.m. on the 22nd day of March,

2021, or as soon thereafter as possible, to consider the proposed acquisition, by eminent domain, of portions of a properties identified as Map 9, Parcel 12 (Tax Map ID# 328.000-3-25) and Map 9, Parcel

13 (Tax Map ID# 328.000-3-25), and to consider the proposed permanent easement, by eminent domain, of a portion of a property identified as Map 2, Parcel 2 (Tax Map ID# 328.000-3-16.1) on the Oneida County Acquisition Map.

The purpose of this hearing will be to inform the public, to consider the need and location of the proposed acquisitions, to review the public use to be served, and to assess the impact of the acquisitions on the environment and the residents prior to acquisition of those properties.

The acquisition of these properties by the County of Oneida will be for the public purpose of reconstructing Middle Settlement Road in the Town of New Hartford.

Persons may appear at the hearing virtually themselves or by agent and will be given the opportunity to present oral or written statements and to submit other documents or information concerning the proposed acquisition.

The meeting will be hosted from the Oneida County Office Building, 800 Park Avenue in the

City of Utica, but due to the COVID-19 pandemic, physical attendance is not allowed pursuant to

Governor Cuomo’s Executive Order 202.15, as continued by 202.29, 202.39, 202.49, 202.55, 202.60,

202.67, 202.72, 202.79, 202.87, 202.92, 202.93, 202.94 and 202.95. Anyone wishing to virtually attend the public hearing may request an invitation via email at [email protected]. In lieu of virtual participation, anyone wishing to offer written commentary to be included in the hearing record may submit their statements to [email protected]. For those without email, a telephone number for participation may be requested by calling the County Attorney’s office at 315-

798-5910. Those wishing to offer written commentary to be included in the hearing record may also fax their comments to 315-798-5603, or mail them c/o The Oneida County Department of Law, 800

Park Avenue, Utica, New York, 13501.

Any property owners who may subsequently wish to challenge the condemnation of their property by judicial review may do so only on the basis of issues, facts, and objections raised at this public hearing.

By: S/ROBERT E. PRONTEAU______ROBERT E. PRONTEAU Of Counsel to Peter M. Rayhill ONEIDA COUNTY ATTORNEY DATED: March 9, 2021

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2 MIDDLE SETTLEMENT ROAD PUBLIC HEARING

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4 March 22, 2021

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6 Section 203 of Eminent Domain Procedure Law of the

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8 State of New York

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12 APPEARANCES:

13 ONEIDA COUNTY DEPARTMENT OF LAW 800 Park Avenue 14 Utica, New York 13501 BY: ROBERT E. PRONTEAU, ESQ. 15 Assistant County Attorney

16 MARK LARAMIE Oneida County Commissioner of Public Works 17

18 Jaclyn Conte, 19 Court Reporter.

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JACLYN CONTE, COURT REPORTER (315) 725-7273 2

1 MR. PRONTEAU: Good evening. This

2 hearing is being is recorded, and it is, and the

3 recording will become a part of a public record

4 the recording will also be uploaded to the Oneida

5 County Government Facebook page shortly after the

6 meeting. This virtual public hearing is being

7 hosted from the Oneida County Office Building,

8 located at 800 Park Avenue in the City of Utica.

9 This is a public hearing being held pursuant to

10 Section 203 of Eminent Domain Procedure Law of the

11 State of New York. The purpose of this hearing is

12 twofold. First, to outline the purpose and

13 proposed location of the project, which in this

14 case is the reconstruction of Middle Settlement

15 Road in the Town of New Hartford. Secondly, and

16 the most importantly the purpose of tonight's

17 hearing is the public the opportunity to offer

18 commentary, express concerns or provide additional

19 documentation with respect to the proposed

20 project.

21 We will have two speakers, myself and

22 one other who will provide the basic information.

23 After which we will open the meeting up to public

24 commentary. Please keep in mind that there will

25 be no question and answer format during this

JACLYN CONTE, COURT REPORTER (315) 725-7273 3

1 hearing. Public hearing pursuant to Section 203

2 of the Eminent Domain Procedure Law is a vehicle

3 for the public to offer their input and

4 commentary. While you are welcome to ask

5 questions as a part of this statement, there will

6 be no direct questions. Anyone who wishes to is

7 also welcome to submit written statements or other

8 documentation to be included as part of the

9 written record. In order to accommodate this, the

10 record will remain open for 10 days from today,

11 through April 1st, 2021. Anyone wishing to submit

12 written statements or other additional

13 documentation can email them to

14 [email protected] or mail them to the Oneida

15 County Department of Law, 800 Park Avenue, Utica,

16 New York 13501.

17 With that, I will now begin the meeting.

18 My name is Robert Pronteau. I am an Assistant

19 County Attorney with the Oneida County Department

20 of Law. I am the attorney assigned to represent

21 the Department of Public Works here in Oneida

22 County, and thus I am responsible for handling

23 this matter. By resolution November 23 of 2020 as

24 amended by Resolution 43 of 2021, the Oneida

25 County Board of Legislators has authorized and

JACLYN CONTE, COURT REPORTER (315) 725-7273 4

1 directed the Oneida County Attorney's Office to

2 perform any and all tasks necessary and

3 appropriate to acquire real property required for

4 the completion of the Middle Settlement Road

5 Reconstruction Project. Pursuant to Section 202

6 of the Eminent Domain Procedure Law, the Notice of

7 Public Hearing was published in the

8 Observer-Dispatch from March 12th through

9 March 21st, 2021. That same Notice of Public

10 Hearing was served on all interested property

11 owners either by personal service or certified

12 mail, return receipt requested more than 10 days

13 prior to this public hearing. That same notice

14 was also posted in the Oneida County Courthouses

15 in Utica and Rome on March 10th, 2021.

16 We did receive one statement to be

17 presented at this hearing. David Mazloom, one of

18 the owners of the properties in question, sent a

19 letter in to be read into the record. I will do

20 so now. The letter is dated March 19th, 2021.

21 It's addressed to me at the Oneida County

22 Department of Law. The Subject line is Eminent

23 Domain Tax Map Number 328.000-3-25. The letter

24 reads as follows: Mr. Pronteau on March 16th,

25 2021 I received your letter concerning the hearing

JACLYN CONTE, COURT REPORTER (315) 725-7273 5

1 via web to require an easement by eminent domain,

2 a portion of the property identified as Map 2,

3 Parcel 2, Tax Map ID Number 328.000-3-16.1. This

4 portion of being a permanent easement to 403

5 square feet of real property. I submit the

6 following to be read into the record, "The use of

7 eminent domain in this situation is completely

8 unnecessary. A fair and valid offer was presented

9 to Oneida County based on the same easement

10 acquisition from the State of New York of this

11 property. In April of 2012 the State of New York

12 evaluated, assessed and made an offer that was

13 accepted by the owners for a permanent easement of

14 293 square feet of real property. The price was

15 $6,119.11 or $20.89 per square foot. Around

16 October of 2017 I was made aware of the Oneida

17 County redesign of Middle Settlement Road. I was

18 provided plans dated 6/21/18 and met with Sandra

19 Cansel (sic) the last week of August 2019, with

20 continued meetings through 2020. Within 5 years

21 of New York State's assessment and payment, based

22 on their assessment, Oneida County began

23 redesigning the road that borders the same

24 property. After several design changes the county

25 decided to offer $1,800 or $4.47 a square foot for

JACLYN CONTE, COURT REPORTER (315) 725-7273 6

1 an easement, significantly below the State of New

2 York's appraisal. I respectfully request that

3 Oneida County purchase the easement at the same

4 rate as New York State. I am not requesting any

5 cost of living or inflation or increases. Based

6 on the New York State assessment of $20.89 a

7 square foot for real property, the purchase price

8 of the easement should be $8,418.67. Please feel

9 free to contact me with any questions or comments

10 at 315-723-6920. Respectfully signed David

11 Mazloom, MSR Plaza, LLC, Manager.

12 With that I will now turn the hearing

13 over to Mark Laramie, the Oneida County

14 Commissioner of Public Works. Mark?

15 MARK LARAMIE: This project is located

16 in the Town of New Hartford and the scope of work

17 includes reconstruction of Middle Settlement Road

18 beginning at New York State Route 5, also known as

19 Seneca Turnpike, and ending at the intersection of

20 Clinton Street and Woods Park Drive as shown on

21 the shared plan. Public benefits include improved

22 traffic safety, improved pedestrian safety,

23 improved pedestrian and bicycle access and

24 continued access to reliable public transportation

25 system. Following construction of New York State

JACLYN CONTE, COURT REPORTER (315) 725-7273 7

1 Route 840 Middle Settlement Road became one of the

2 most heavily traveled highways within the County

3 of Oneida, with an average daily traffic count

4 nearly exceeding 10,000 cars. Middle Settlement

5 Road is a rapidly developing commercial corridor

6 that serves essential financial, retail and home

7 improvement establishments. It also provides

8 large residential developments access to the state

9 highway system, as well as access to the

10 aforementioned commercial establishments. Right

11 of way along Middle Settlement Road is required to

12 allow reconstruction of Middle Settlement Road to

13 be in compliance with current local, state and

14 federal design standards. Failure to meet said

15 standards will result in potentially hazardous

16 conditions for motorists, bicyclists and

17 pedestrians. Properties proposed to be acquired

18 by condemnation consist of the following. I will

19 share another screen. Approximately 403 square

20 feet of Tax Parcel 328.00-3-16.1 as shown on Map

21 Number 2, Parcel Number 2, sheets 1 and 2 prepared

22 by Prudent Engineering on behalf of Oneida County.

23 This property is required to provide adequate

24 operation and maintenance of the storm water

25 drainage system. Bear with me. I'm just trying

JACLYN CONTE, COURT REPORTER (315) 725-7273 8

1 to grab the other map to be shared. The second

2 parcel is approximately 13,772 square feet of Tax

3 Parcel Number 328.00-3-25 as shown on Park Map

4 Number 9, Parcels Number 12 and 13, prepared by

5 Prudent Engineering on behalf of Oneida County.

6 This is two separate maps. This is sheet number 1

7 of 4 and this is sheet 2 of 4. Parcels to be

8 acquired were highlighted in yellow. This

9 property -- or these parcels are required to

10 eliminate a nonstandard horizontal curve. Oneida

11 County and Arc Height Company, Incorporated have

12 attempted in good faith to negotiate fair and just

13 compensation for acquisition of these parcels.

14 Attempts were written and verbal. In addition,

15 in-person meetings were conducted with the order

16 of Tax Parcel Number 328.00-3-16.1.

17 Unfortunately, all attempts to negotiate

18 settlement were unsuccessful. Continued project

19 delays may result in the loss of rent funds from

20 the State of New York; therefore, Oneida County

21 has decided to acquire said parcels via

22 condemnation. Because of physical and regulatory

23 constraints, there are no construction

24 alternatives that would eliminate the need of

25 these properties. Acquisition of these properties

JACLYN CONTE, COURT REPORTER (315) 725-7273 9

1 will benefit Oneida County residents by providing

2 safe, a more efficient public transportation

3 system for motorists, bicyclists and pedestrians.

4 There are no objections to Oneida County

5 designating itself as the lead agency with respect

6 to the State Environmental Quality Review Act.

7 Following completion of applicable reviews and a

8 short environmental assessment form, the Oneida

9 County Board of Legislators, by Resolution of

10 Number 24 of 2021, was able to issue a negative

11 Declaration. This document has no adverse impact

12 to the environment or upon the residents of the

13 areas immediately adjacent to or in close

14 proximity to the project. And that concludes my

15 presentation.

16 MR. PRONTEAU: Thank you, Mark. I will

17 note for the record that copies of all of the maps

18 that Mr. Laramie showed will be made part of the

19 record as well. We have no other attendee as an

20 observer, so I do not believe we have any members

21 of the public here that wish to speak. So with

22 that, I will conclude this public hearing. Thank

23 you.

24 ( Whereupon, the Hearing concluded )

25 -o0o-

JACLYN CONTE, COURT REPORTER (315) 725-7273 10

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4 C E R T I F I C A T E

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6 I, JACLYN B. CONTE, a Shorthand Reporter and

7 Notary Public in and for the State of New York, DO

8 HEREBY CERTIFY that the foregoing is a true and correct

9 transcript of my shorthand notes in the above-entitled

10 matter

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12 Date: April 21, 2021

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16 ______

17 JACLYN B. CONTE,

18 COURT REPORTER.

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JACLYN CONTE, COURT REPORTER (315) 725-7273 11

$ 5 3:18 completely [1] - 5:7 designating [1] - 9:5 attempted [1] - 8:12 completion [2] - 4:4, developing [1] - 7:5 $1,800 [1] - 5:25 5 [2] - 5:20, 6:18 attempts [2] - 8:14, 9:7 developments [1] - $20.89 [2] - 5:15, 6:6 8:17 compliance [1] - 7:13 7:8 $4.47 [1] - 5:25 6 attendee [1] - 9:19 concerning [1] - 4:25 direct [1] - 3:6 $6,119.11 [1] - 5:15 6/21/18 [1] - 5:18 attorney [1] - 3:20 concerns [1] - 2:18 directed [1] - 4:1 $8,418.67 [1] - 6:8 Attorney [2] - 1:15, conclude [1] - 9:22 Dispatch [1] - 4:8 8 3:19 concluded [1] - 9:24 DO [1] - 10:7 1 Attorney's [1] - 4:1 concludes [1] - 9:14 document [1] - 9:11 800 [3] - 1:13, 2:8, 1 [2] - 7:21, 8:6 August [1] - 5:19 condemnation [2] - documentation [3] - 3:15 10 [2] - 3:10, 4:12 authorized [1] - 3:25 7:18, 8:22 2:19, 3:8, 3:13 840 [1] - 7:1 10,000 [1] - 7:4 Avenue [3] - 1:13, 2:8, conditions [1] - 7:16 Domain [5] - 1:6, 2:10, 3:15 conducted [1] - 8:15 3:2, 4:6, 4:23 10th [1] - 4:15 9 12 [1] - 8:4 average [1] - 7:3 consist [1] - 7:18 domain [2] - 5:1, 5:7 12th [1] - 4:8 9 [1] - 8:4 aware [1] - 5:16 constraints [1] - 8:23 drainage [1] - 7:25 13 [1] - 8:4 construction [2] - Drive [1] - 6:20 13,772 [1] - 8:2 A B 6:25, 8:23 during [1] - 2:25 13501 [2] - 1:14, 3:16 contact [1] - 6:9 able [1] - 9:10 based [3] - 5:9, 5:21, 16th [1] - 4:24 CONTE [2] - 10:6, E above-entitled [1] - 6:5 19th [1] - 4:20 10:17 10:9 basic [1] - 2:22 easement [7] - 5:1, 1st [1] - 3:11 Conte [1] - 1:18 accepted [1] - 5:13 bear [1] - 7:25 5:4, 5:9, 5:13, 6:1, continued [3] - 5:20, access [4] - 6:23, became [1] - 7:1 6:3, 6:8 6:24, 8:18 2 6:24, 7:8, 7:9 become [1] - 2:3 efficient [1] - 9:2 copies [1] - 9:17 2 [6] - 5:2, 5:3, 7:21, accommodate [1] - began [1] - 5:22 either [1] - 4:11 correct [1] - 10:8 8:7 3:9 begin [1] - 3:17 eliminate [2] - 8:10, corridor [1] - 7:5 2012 [1] - 5:11 acquire [2] - 4:3, 8:21 beginning [1] - 6:18 8:24 cost [1] - 6:5 2017 [1] - 5:16 acquired [2] - 7:17, behalf [2] - 7:22, 8:5 email [1] - 3:13 count [1] - 7:3 2019 [1] - 5:19 8:8 below [1] - 6:1 Eminent [5] - 1:6, COUNTY [1] - 1:13 202 [1] - 4:5 acquisition [3] - 5:10, benefit [1] - 9:1 2:10, 3:2, 4:6, 4:22 county [1] - 5:24 2020 [2] - 3:23, 5:20 8:13, 8:25 benefits [1] - 6:21 eminent [2] - 5:1, 5:7 County [25] - 1:15, Act [1] - 9:6 bicycle [1] - 6:23 eminentdomain@ 2021 [9] - 1:4, 3:11, 1:16, 2:5, 2:7, 3:15, addition [1] - 8:14 bicyclists [2] - 7:16, ocgov.net [1] - 3:14 3:24, 4:9, 4:15, 4:20, 3:19, 3:22, 3:25, 4:1, additional [2] - 2:18, 9:3 ending [1] - 6:19 4:25, 9:10, 10:12 4:14, 4:21, 5:9, 5:17, 3:12 Board [2] - 3:25, 9:9 Engineering [2] - 203 [3] - 1:6, 2:10, 3:1 5:22, 6:3, 6:13, 7:2, addressed [1] - 4:21 borders [1] - 5:23 7:22, 8:5 21 [1] - 10:12 7:22, 8:5, 8:11, 8:20, adequate [1] - 7:23 Building [1] - 2:7 entitled [1] - 10:9 21st [1] - 4:9 9:1, 9:4, 9:9 adjacent [1] - 9:13 BY [1] - 1:14 environment [1] - 9:12 22 [1] - 1:4 COURT [1] - 10:18 adverse [1] - 9:11 Environmental [1] - 23 [1] - 3:23 Court [1] - 1:19 aforementioned [1] - 9:6 24 [1] - 9:10 C Courthouses [1] - 7:10 environmental [1] - 293 [1] - 5:14 Cansel [1] - 5:19 4:14 agency [1] - 9:5 9:8 cars [1] - 7:4 current [1] - 7:13 allow [1] - 7:12 ESQ [1] - 1:14 3 case [1] - 2:14 curve [1] - 8:10 alternatives [1] - 8:24 essential [1] - 7:6 315-723-6920 [1] - certified [1] - 4:11 amended [1] - 3:24 establishments [2] - 6:10 CERTIFY [1] - 10:8 D answer [1] - 2:25 7:7, 7:10 328.00-3-16.1 [2] - changes [1] - 5:24 APPEARANCES [1] - daily [1] - 7:3 evaluated [1] - 5:12 7:20, 8:16 City [1] - 2:8 1:12 date [1] - 10:12 evening [1] - 2:1 328.00-3-25 [1] - 8:3 Clinton [1] - 6:20 applicable [1] - 9:7 dated [2] - 4:20, 5:18 exceeding [1] - 7:4 328.000-3-16.1 [1] - close [1] - 9:13 appraisal [1] - 6:2 David [2] - 4:17, 6:10 express [1] - 2:18 5:3 commentary [3] - appropriate [1] - 4:3 days [2] - 3:10, 4:12 328.000-3-25 [1] - 4:23 2:18, 2:24, 3:4 april [1] - 10:12 decided [2] - 5:25, F comments [1] - 6:9 April [2] - 3:11, 5:11 8:21 commercial [2] - 7:5, Facebook [1] - 2:5 4 Arc [1] - 8:11 Declaration [1] - 9:11 7:10 failure [1] - 7:14 4 [2] - 8:7 areas [1] - 9:13 delays [1] - 8:19 Commissioner [2] - fair [2] - 5:8, 8:12 403 [2] - 5:4, 7:19 assessed [1] - 5:12 Department [4] - 3:15, 1:16, 6:14 faith [1] - 8:12 43 [1] - 3:24 assessment [4] - 5:21, 3:19, 3:21, 4:22 Company [1] - 8:11 federal [1] - 7:14 5:22, 6:6, 9:8 DEPARTMENT [1] - compensation [1] - feet [4] - 5:5, 5:14, assigned [1] - 3:20 1:13 8:13 7:20, 8:2 Assistant [2] - 1:15, design [2] - 5:24, 7:14

JACLYN CONTE, COURT REPORTER (315) 725-7273 12

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JACLYN CONTE, COURT REPORTER (315) 725-7273 13

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JACLYN CONTE, COURT REPORTER (315) 725-7273

March 10, 2021, the Oneida county board of legiINTRODUCTORY F.N. 2021-043 NO. 044

ONEIDA COUNTY BOARD OF LEGISLATORS

RESOLUTION NO. 044

INTRODUCED BY: Messrs. Waterman, D’Onofrio 2ND BY: Mr. Joseph

RE: APPROVAL OF AN AMENDMENT TO RESOLUTION NO. 023 OF 2021

WHEREAS, This Board is in receipt of a request to amend Resolution No. 023 of 2021, which was passed on February 10, 2021, to add a provision authorizing the Chairman of the Board of Legislators to executive any agreements to acquire real property associated with the acquisition of property relative to the reconstruction of Middle Settlement Road in the Town of New Hartford, and

WHEREAS, Said Amendment must be approved by the Oneida County Board of Legislators, now, therefore, be it hereby

RESOLVED, That the Oneida County Board of Legislators hereby authorizes the Chairman of the Board of Legislators to execute any deeds or other documents that he is required to execute pursuant to the law, the County Charter or Administrative Code, and hereby authorizes the County Executive to execute any other agreements and any other documents necessary to acquire said real property.

APPROVED: Public Works Committee (March 9, 2021) Ways and Means Committee (March 10, 2021)

DATED: March 10, 2021

Adopted by the following vote: AYES 23 NAYS 0 ABSENT 0 INTRODUCTORY F.N. 2021-023.1 NO. 023

ONEIDA COUNTY BOARD OF LEGISLATORS

RESOLUTION NO. 023

INTRODUCED BY: Messrs. Waterman, D’Onofrio 2ND BY: Mr. Davis

RE: RESOLUTION AUTHORIZING COUNTY ATTORNEY TO EFFECT THE ACQUISITION OF CERTAIN PROPERTIES LOCATED WITHIN THE TOWN OF NEW HARTFORD

WHEREAS, The County intends to reconstruct Middle Settlement Road (County Route 30) in the Town of New Hartford, and

WHEREAS, Relative to the reconstruction of Middle Settlement Road (County Route 30) in the Town of New Hartford, Oneida County, as lead agency, has commenced the New York State Environmental Quality Review (SEQR), and

WHEREAS, The acquisition of such properties will need to be made in accordance with the findings set forth by the Department of Public Works concerning the forthcoming Final Environmental Impact Statement, now, therefore be it

RESOLVED, That the Oneida County Board of Legislators hereby authorizes and directs the County Attorney to perform any and all tasks necessary and appropriate to acquire said real property; and be it further

RESOLVED, That the Oneida County Board of Legislators hereby authorizes the County Executive to execute any agreements and any other documents necessary to acquire said real property.

APPROVED: Public Works Committee (February 4, 2021) Ways and Means Committee (February 10, 2021 )

DATED: February 10, 2021

Adopted by the following vote: AYES 23 NAYS 0 ABSENT 0 INTRODUCTORY F.N. 2021-023.2 NO. 024

ONEIDA COUNTY BOARD OF LEGISLATORS

RESOLUTION NO. 024

INTRODUCED BY: Messrs. Waterman, D’Onofrio 2ND BY: Mr. Davis

RE: APPROVAL OF THE SHORT ENVIRONMENTAL ASSESSMENT FORM FOR UNLISTED ACTIONS PURSUANT TO THE NEW YORK STATE ENVIRONMENTAL QUALITY REVIEW ACT RECONSTRUCTION OF MIDDLE SETTLEMENT ROAD IN THE TOWN OF NEW HARTFORD

WHEREAS, Oneida County has completed the impact assessment pursuant to the State Environmental Quality Review (SEQR) process for the reconstruction of Middle Settlement Road in the Town of New Hartford, and

WHEREAS, The review process has determined that the proposed action will not result in any significant environmental impacts should this project be undertaken, now, therefore be it

RESOLVED, That the Oneida County Board of Legislators, hereby confirms the findings set forth in the Short Environmental Assessment Form that the reconstruction of Middle Settlement Road in the Town of New Hartford, will not result in any significant environmental impacts. Accordingly, the County of Oneida hereby issues a Negative Declaration with regard to the reconstruction of Middle Settlement Road in the Town of New Hartford.

APPROVED: Public Works Committee (February 4, 2021) Ways and Means Committee (February 10, 2021)

DATED: February 10, 2021

Adopted by the following vote: AYES 23 NAYS 0 ABSENT 0

Short Environmental Assessment Form Part 1 - Project Information

Instructions for Completing

Part 1 – Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding, are subject to public review, and may be subject to further verification. Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond to any item, please answer as thoroughly as possible based on current information.

Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency; attach additional pages as necessary to supplement any item.

Part 1 – Project and Sponsor Information

Name of Action or Project:

PIN 2754.27 - Middle Settlement Road Improvement Project Project Location (describe, and attach a location map): Town of New Hartford, Oneida County, New York Brief Description of Proposed Action: The proposed project consists of the reconstruction of the road surface, the construction of pedestrian facilities, the improvement of drainage, andthe improvement of non-standard horizontal and vertical curves to meet current design standards along approximately 0.7 miles of New York State Route 5B (Middle Settlement Road) from New York State Route 5 (Seneca Turnpike) to Clinton Street in the Town of New Hartford, NY. The project includes reconstructing the existing highway without the addition of new travel lanes. Project work will include minor widening of roads to provide 11-foot wide lanes to meet design criteria (existing lanes are 10-feet wide) and adding a 5-foot sidewalk along the entire length of the Project site. Project disturbance will not exceed 10 acres.

Name of Applicant or Sponsor: Telephone: (315) 793-6213

Oneida County Department of Public Works, Mark E. Laramie, P.E. (Commissioner) E-Mail: [email protected] Address: 5999 Judd Road City/PO: State: Zip Code: Oriskany New York 13440 1. Does the proposed action only involve the legislative adoption of a plan, local law, ordinance, NO YES administrative rule, or regulation? If Yes, attach a narrative description of the intent of the proposed action and the environmental resources that ✔ may be affected in the municipality and proceed to Part 2. If no, continue to question 2. 2. Does the proposed action require a permit, approval or funding from any other government Agency? NO YES If Yes, list agency(s) name and permit or approval: ✔ 3. a. Total acreage of the site of the proposed action? ______6.25 acres b. Total acreage to be physically disturbed? ______5.08 acres c. Total acreage (project site and any contiguous properties) owned or controlled by the applicant or project sponsor? ______N/A acres

 Check all land uses that occur on, DUHadjoining RU near the proposed actioQ Ƒ✔ 8UEDQ Rural (non-agriculture) ,ndustrial ✔ Commercial  Residential (suburban) Ƒ✔ )RUHVW Agriculture $TXDWLF✔ 2WKHU 6SHFLI\  Fields 3DUNODQG

Page 1 of 3 SEAF 2019 5. Is the proposed action, NO YES N/A a. A permitted use under the zoning regulations? ✔ b. Consistent with the adopted comprehensive plan? ✔

NO YES 6. Is the proposed action consistent with the predominant character of the existing built or natural landscape? ✔

7. Is the site of the proposed action located in, or does it adjoin, a state listed Critical Environmental Area? NO YES If Yes, identify: ______✔

NO YES  a. Will the proposed action result in a substantial increase in traffic above present levels? ✔ E Are public transportation services available at or near the site of the proposed action? ✔ F Are any pedestrian accommodations or bicycle routes available on or near WKHsite of the proposed ✔ action? 9. Does the proposed action meet or exceed the state energy code requirements? NO YES If the proposed action will exceed requirements, describe design features and technologies:

Not______applicable to the proposed project. ✔ ______

10. Will the proposed action connect to an existing public/private water supply? NO YES

If No, describe method for providing potable ZDWHU: ______✔ ______

11. Will the proposed action connect to existing wastewater utilities? NO YES

If No, describe method for providing wastewater treatment: ______Not applicable to the proposed project ✔ ______

 D'RHVWKHSURMHFWVLWHFRQWDLQRULVLWVXEVWDQWLDOO\FRQWLJXRXVWRDEXLOGLQJDUFKDHRORJLFDOVLWHRUGLVWULFW NO YES ZKLFKLVOLVWHGRQWKH1DWLRQDORU6WDWH5HJLVWHURI+LVWRULF3ODFHVRUWKDWKDVEHHQGHWHUPLQHGE\WKH &RPPLVVLRQHURIWKH1<62IILFHRI3DUNV5HFUHDWLRQDQG+LVWRULF3UHVHUYDWLRQWREHHOLJLEOHIRUOLVWLQJRQWKH ✔ 6WDWH5HJLVWHURI+LVWRULF3ODFHV"

✔ E ,VWKHSURMHFWVLWHRUDQ\SRUWLRQRILWORFDWHGLQRUDGMDFHQWWRDQDUHDGHVLJQDWHGDVVHQVLWLYHIRU DUFKDHRORJLFDOVLWHVRQWKH1<6WDWH+LVWRULF3UHVHUYDWLRQ2IILFH 6+32 DUFKDHRORJLFDOVLWHLQYHQWRU\"  D. Does any portion of the site of the proposed action, or lands adjoining the proposed action, contain NO YES wetlands or other waterbodies regulated by a federal, state or local agency? ✔ E Would the proposed action physically alter, or encroach into, any existing wetland or waterbody? ✔ If Yes, identify the wetland or waterbody and extent of alterations in square feet or acres: ______A Wetland Delineation Report for the project (EDR, 2018} identified two small wetlands (0.04 acre total) and two intermittent streams within______the Study Area. The wetlands and streams are likely to be considered jurisdictional by the USAGE under Section 404 of the Clean Water Act. The project development and construction plans are being designed to avoid or minimize impacts to the wetlands and______streams. Impacts are expected to be below 0.10 acre, and the project should qualify for a Nationwide Permit (#14) with no mitigation required.

Page 2 of 3  Identify the typical habitat types that occur on, or are likely to be found on the project site. Check all that apply: ƑShoreline Ƒ✔ Forest ✔Agricultural/grasslands ✔Early mid-successional ✔ Wetland ✔ƑUrban Suburban 15. Does the site of the proposed action contain any species of animal, or associated habitats, listed by the State or NO YES Federal government as threatened or endangered? ✔ The EAS Section 7 finding for the project is: May affect, not likely to adversely affect the Northern long-eared bat. 16. Is the project site located in the \HDUIlood plan? NO YES ✔

NO YES 17. Will the proposed action create storm water discharge, either from point or non-point sources? If Yes, ✔

a. Will storm water discharges flow to adjacent properties? ✔

b. Will storm water discharges be directed to established conveyance systems (runoff and storm drains)? ✔ If Yes, briefly describe: ______

______

18. Does the proposed action include construction or other activities that ZRXOGresult in the impoundment of water NO YES or other liquids (e.g. retention pond, waste lagoon, dam)? If Yes, explain WKHpurpose and sizeRIWKHLPSRXQGPHQWBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB Due to the nature of the project, stormwater management facilities will need to be a part of the project. Treatment will take place inside ✔ of______the ditches in dry swales which will impound stromwater during rainfall events and control the outlet rate post storm.

_19. Has the site of the proposed action or an adjoining property been the location of an active or closed solid waste NO YES management facility? If Yes, describe: ______✔ ______

20.Has the site of the proposed action or an adjoining property been WKHsubject of remediation (ongoingRU NO YES completed)for hazardous waste? If Yes, describe: ______✔ ______

I &(57,)< THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE

Applicant/sponsorname: BBBBBBBBBBBBBBBBBBBBBMark E. Laramie, P.E. ______BBBBBBBBB ______Date:1/6/2021 ______

Signature: ______7LWOHBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBCommissioner

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Part 2 LVWREHFRPSOHWHGE\WKH/HDG$JHQF\ Answer all of the following questions in Part 2 using the information contained in Part 1 and other materials submitted by the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept “Have my responses been reasonable considering the scale and context of the proposed action?”

No, or Moderate small to large impact impact may may occur occur 1. Will the proposed action create a material conflict with an adopted land use plan or zoning regulations? ✔ 2. Will the proposed action result in a change in the use or intensity of use of land? ✔

3. Will the proposed action impair the character or quality of the existing community? ✔

4. Will the proposed action have an impact on the environmental characteristics that caused the ✔ establishment of a Critical Environmental Area (CEA)? 5. Will the proposed action result in an adverse change in the existing level of traffic or ✔ affect existing infrastructure for mass transit, biking or walkway? 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate ✔ reasonably available energy conservation or renewable energy opportunities? 7. Will the proposed action impact existing: ✔ a. public / private water supplies? b. public / private wastewater treatment utilities? ✔ 8. Will the proposed action impair the character or quality of important historic, archaeological, ✔ architectural or aesthetic resources? 9. Will the proposed action result in an adverse change to natural resources (e.g., wetlands, ✔ waterbodies, groundwater, air quality, flora and fauna)?

10. Will the proposed action result in an increase in the potential for erosion, flooding or drainage ✔ problems? 11. Will the proposed action create a hazard to environmental resources or human health? ✔

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For every question in Part 2 that was answered “moderate to large impact may occur”, or if there is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact, please complete Part 3. Part 3 should, in sufficient detail, identify the impact, including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact may or will not be significant. Each potential impact should be assessed considering its setting, probability of occurring, duration, irreversibility, geographic scope and magnitude. Also consider the potential for short- term, long-term and cumulative impacts.

Check this box if you have determined, based on the information and analysis above, and any supporting documentation, that the proposed action may result in one or more potentially large or significant adverse impacts and an environmental impact statement is required. ✔ Check this box if you have determined, based on the information and analysis above, and any supporting documentation, that the proposed action will not result in any significant adverse environmental impacts.

______Oneida County ______Name of Lead Agency Date ______Gerald J. Fiorini Chairman ______of the Board of Legislators Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer ______Signature of Responsible Officer in Lead Agency Signature of Preparer (if different from Responsible Officer)

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