HomeMy WebLinkAboutPB-06/24/2002 - SPLANNING BOARD MEMBERS
BENNETT ORLOWSKI, JR.
Cha/rman
RICHARD CAGGIANO
WILLIAM J. CREMERS
KENNETH L. EDWARDS
MARTIN II. SIDOR
P.O. Box 1179
Town Hall, 53095 State Route 25
Southold, New York 11971-0959
Telephone (631) 765-1938
Fax (631) 765-3136
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
MINUTES
SPECIAL MEETING
June 24, 2002
4:30 p.m.
Present were:
Bennett Orlowski, Jr. Chairman
Richard Caggiano, Member
William Cremers, Member
George Ritchie Latham, Jr., Member
Valerie Scopaz, AICP, Town Planner
Mark Terry, Sr. Environmental Planner
Scott Hughes, Sr. Environmental Planner
Victor L' Eplattenier, Senior Planner
Good afternoon. I'd like to call this meeting to order.
MAJOR AND MINOR SUBDIVISIONS, LOT LINE CHANGES AND SET
OFF APPLICATIONS
Final Determinations:
Chairman Orlowski: Cutchoque Fire District/Grathwohl- This proposed lot line
change is to subtract 28,880.975 sq. ft. from a 68,880.975 sq. ft. lot, SCTM# 1000-102-
6-10 and add it to a 93,360 sq. ft. parcel, SCTM#1000-102-6-11.
Mr. Cremers: Mr. Chairman, I'll offer the following:
WHEREAS, James F. Grathwohl & Emily G. Victoria & the Cutchogue Fire District are
the owners of the properties known and designated as SCTM#1000-102-6-10 & 11
located on New Suffolk Road in Cutchogue; and
$outhold Town Planninq Board Page Two June 24, 2002
WHEREAS, this proposed lot line change is to subtract 28,880.975 sq. ft. from a
68,880.975 sq. ft. lot, SCTM#1000-102-6-10 and add it to a 93,360 sq. ft. parcel,
SCTM#1000-102-6-11; and
WHEREAS, a final public hearing was closed on said subdivision application at the
Town Hall, Southold, New York on December 17, 2001; and
WHEREAS, all conditions of conditional final approval and the requirements of the
Subdivision Regulations of the Town of Southold have been met; BE IT THEREFORE
RESOLVED that the Southold Town Planning Board grant final approval on the surveys
dated September 7, 2001, received by the Planning Board on October 30, 2001, and
authorize the Chairman to endorse the final surveys.
Mr. Latham: Second.
Chairman Orlowski: Motion made and seconded. Any questions on the motion? All
those in favor?
Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Latham.
Chairman Orlowski: Opposed? The motion carries.
Setting of Final Hearings:
Chairman Orlowski: Niamonitakis - This proposed set-off is to set off a 1.253 acre lot
from a 18.756 acre parcel; the proposed lot line change between M. Niamonitakis and
R. Ross is to subtract 2.524 acres from the 18.756 acre parcel and to merge it with an
existing 0.688 acre lot, resulting in one 3.212 acre lot and the remaining area which is
part of the set-off application. SCTM# 31-6-28.1 & 29
Mr. Cremers: Mr. Chairman, I'll offer the following:
WHEREAS, this proposed set-off is to set off a 1.253 acre lot from a 18.756 acre
parcel; and
WHEREAS, this proposed lot line change between M. Niamonitakis and R. Ross is to
subtract 2.524 acres from the 18.756 acre parcel and to merge it with an existing 0.688
acre lot, resulting in one 3.212 acre lot and the remaining area which is part of the set-
off application; and
WHEREAS, the Development Rights will be purchased by the County on approximately
12.9 acres of the 18.756 acre lot; and
Southold Town Planninq Board Page Three June 24, 2002
WHEREAS, the applicant has received approval from the Suffolk County Department of
Health; therefore
BE IT RESOLVED that the Southold Town Planning Board set Monday, ,July 8, 2002,
at 6:00 p.m. for a final public hearing on the maps, dated December 16, 1997, and last
revised on May 14, 2002.
Mr. Latham: Second.
Chairman Orlowski: Motion made and seconded. Any questions on the motion? All
those in favor?
Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Latham.
Chairman Orlowski: Opposed? The motion carries.
MAJOR AND MINOR SUBDIVISIONS, LOT LINE CHANGES, SET OFF
APPLICATIONS - STATE ENVIRONMENTAL QUALITY REVIEW ACT
Lead Agency Coordination:
Chairman Orlowski: Southview Custom Homes - This proposed minor subdivision is
for four lots on 13.3 acres. The property is located opposite Victoria Drive in Southold.
SCTM# 1000-87-5-21.4 & 21-7-21.11.
Mr. Cremers: Mr. Chairman, 1'11 offer the following:
WHEREAS, this subdivision is for 4 lots on 13.3 acres opposite Victoria Drive west of
Bayview Road in Southold; and
WHEREAS, prior to issuing any approvals for any proposed subdivision located on the
Hog Neck Peninsula, the Planning Board is requiring that a SEQR determination be
issued; therefore
BE IT RESOLVED that the Southold Town Planning Board, pursuant to Part 617,
Article 6 of the Environmental Conservation Law acting under the State Environmental
Quality Review Act, initiate the SEQR coordination process for this unlisted action.
Mr. Caqqiano: Second.
Chairman Orlowski: Motion made and seconded. Any questions on the motion? All
those in favor?
Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Latham.
Southold Town Planning Board Page Four June 24, 2002
Chairman Orlowski: Opposed? The motion carries.
Chairman Orlowski: Dayton Farms - This proposed minor subdivision is for four lots
on 13.45 acres on the east side of Jacob's Lane, north of Main Bayview Road in
Southold. SCTM# 1000-88-1-10
Mr. Latham: Mr. Chairman, I'll offer this resolution:
WHEREAS, this subdivision is for 4 lots on 13.45 acres on the east side of Jacob's
Lane, north of Main Bayview Road in Southold; and
WHEREAS, the Southold Town Planning Board granted sketch plan approval to the
subdivision map, dated March 30, 2001; and
WHEREAS, prior to issuing any approvals for any proposed subdivision located on the
Hog Neck Peninsula, the Planning Board is requiring that a Generic Environmental
Impact Statement be prepared for the Hog Neck Peninsula; therefore
BE IT RESOLVED that the Southold Town Planning Board, pursuant to Part 617,
Article 6 of the Environmental Conservation Law acting under the State Environmental
Quality Review Act, established itself as lead agency on April 4, 2001, and as lead
agency has determined that the proposed action may have a significant impact on the
environment when cumulatively assessed with all proposed development and adopts a
Positive Declaration for the proposed action.
Mr. Cremers: Second the motion.
Chairman Orlowski: Motion made and seconded. Any questions on the motion? All
those in favor?
Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Latham.
Chairman Orlowski: Opposed? The motion carries.
SITE PLANS
Final Determinations:
Chairman Orlowski: St. Peter's Lutheran Church - This proposed site plan is to
construct a 3,945 square foot addition onto an existing church. The property is located
on a 4.3 acre parcel on 71305 Main Road in Greenport. SCTM# 1000-45-2-7.1
Mr. Cremers: Mr. Chairman, Ill offer the following:
Southold Town Planning Board Page Five June 24, 2002
BE IT RESOLVED that the Southold Town Planning Board authorize the Chairman to
endorse the final surveys dated January 15, 2002, and last revised May 31,2002.
Conditional final approval was granted on May 13, 2002. All conditions have been
fulfilled.
Mr. Caggiano: Second the motion.
Chairman Orlowski: Motion made and seconded. Any questions on the motion? All
those in favor?
Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Latham.
Chairman Orlowski: Opposed? The motion carries.
Chairman Orlowski: Riverhead Building Supply Corp.- This site plan is to demolish
existing buildings and construct a 14,100 sq. ft. retail warehouse, a 23,660 square foot
warehouse, and a 5,000 square foot warehouse. The property is located on Main Road
in Greenport. SCTM# 1000-46-1-1 & 2.1
Mr. Caq.qiano: Mr. Chairman, I'll offer the following:
WHEREAS, Riverhead Building Supply Corp. is the owner of the property known and
designated as Riverhead Building Supply Corp., located on Rt. 25 in Greenport, N.Y.,
SCTM: # 1000-46-1.1 and 2.1; and
WHEREAS, a formal application for the approval of this site plan was submitted on
October 15, 2001; and
WHEREAS, the $outhold Town Planning Board, pursuant to the State Environmental
Quality Review Act, (Article 8), Part 617, declared itself lead agency and issued a
Negative Declaration on December 10, 2001; and
WHEREAS, a determination was issued by the Board of Appeals on May 16, 2002
reversing the Building Inspectors Notice of Disapproval dated February 20, 2002; and
WHEREAS, this approval is to demolish existing buildings and construct a 14,100
square foot retail/warehouse and one 23,660 square foot warehouse and one 5000
square foot warehouse for a total of 42,760 square feet; and
WHEREAS, the site plan was certified by the Building Department on June 21,2002;
and
WHEREAS, the Town Engineer has reviewed the drainage calculations and the
Planning Board has accepted his recommendation for approval; and
Southold Town Planning Board Page Six June 24, 2002
WHEREAS, all the requirements of the Site Plan Regulations of the Town of Southold
have been met; be it therefore
RESOLVED, that the Southold Town Planning Board grant final approval on the
surveys, dated August 21,2001, and last revised December 18, 2001, and authorize
the Chairman to endorse the final surveys subject to a one year review from date of
building permit.
Mr. Cremers: Second the motion.
Chairman Orlowski: Motion made and seconded. Any questions on the motion? All
those in favor?.
Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Latham.
Chairman Orlowski: Opposed? The motion carries.
Setting of Hearings:
Chairman Orlowski: Premium Wine Group - This amended site plan is for a 3,945
square foot open roof addition to the production building. The property is located at the
intersection of Cox Neck Lane and County Route 48 in Mattituck. SCTM# 1000-121-6-
1
Mr. Cremers: Mr. Chairman, I'll offer the following:
BE IT RESOLVED that the Southold Town Planning Board, acting under the State
Environmental Quality Review Act, establishes itself as lead agency, and as lead
agency conducted an uncoordinated review, and makes a determination that this is a
Type II Action requiring no further review.
Mr. Ca.q.qiano: Second.
Chairman Orlowski: Motion made and seconded. Any questions on the motion? All
those in favor?
Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Latham.
Chairman Odowski: Opposed? The motion carries.
Mr. Cremers: In addition -
BE IT FURTHER RESOLVED that the Southold Town Planning Board set Monday the
8th of July 2002, at 6:05 p.m, for a public hearing on the amended maps dated 19
June, 2002.
Southold Town Planninq Board
Pa.qe Seven
June 24,2002
Mr. Caqgiano: Second.
Chairman Orlowski: Motion made and seconded. Any questions on the motion? All
those in favor?
Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Latham.
Chairman Orlowski: Opposed? The motion carries.
Chairman Orlowski: Osprey Dominion - This amended site plan is for a new 8,000
square foot farm building for equipment storage. The property is located at 44075 Main
Road in Peconic. SCTM# 1000-75-1-20.2
Mr. Caqgiano: Mr. Chairman, I'll offer the following:
BE IT RESOLVED that the Southold Town Planning Board, acting under the State
Environmental Quality Review Act, establishes itself as lead agency, and as lead
agency conducted an uncoordinated review, and makes a determination that this is a
Type II Action requiring no further review.
Mr. Cremers: Second the motion.
Chairman Orlowski: Motion made and seconded. Any questions on the motion? All
those in favor?
Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Latham.
Chairman Orlowski: Opposed? The motion carries.
Mr. Caq.qiano:
BE IT FURTHER RESOLVED that the Southold Town Planning Board set Monday the
8TM of July 2002, at 6:10 p.m. for a public hearing on the amended maps dated 17
June 2002.
Mr. Latham: Second.
Chairman Orlowski: Motion made and seconded. Any questions on the motion? All
those in favor?
Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Latham.
Chairman Orlowski: Opposed? The motion carries.
$outhold Town Planninq Board
OTHER
Page Eight
June 24, 2002
Chairman Orlowski: SEQR Coordination, intent to assume Lead Agency: Intent to
require a Generic Environmental Impact Statement for the Hog Neck Peninsula.
Retain the Town of Southold's consultant Nelson, Pope and Voorhis, LLC to
prepare the Generic Environmental Impact Statement For the Hog Neck Peninsula
and perform all associated tasks.
WHEREAS, the Town of Southold Planning Board has received a large number of
subdivision applications on the Hog Neck Peninsula within recent months, and
these applications are simultaneously pending review and decision by the
Planning Board, and
WHEREAS, these projects are interrelated to the extent that one project on its own may
not overtax environmental resources; however, the combined effect of
development may result in adverse environmental impacts, thus indicating the
potential for cumulative impacts, and
WHEREAS, the Planning Board recognizes that while there is zoning as a guiding land
use development control, that the combination of subdivisions currently
proposed, and the potential for further subdivision pursuant to current zoning,
may in fact exceed the resource carrying capacity of the peninsula due to it's
unique geographic, environmental and planning considerations, and as a result
may result in significant adverse environmental impacts, and
WHEREAS, the Planning Board is familiar with the State Environmental Quality Review
Act (SEQRA) and the Board's responsibilities as the stewards of land use under
the Zoning Code to consider the environmental consequences of land use
decision making, and further that SEQRA Part 617.10 indicates that a generic
ElS may be used to assess the environmental impacts of:
(1)
(2)
(3)
(4)
a number of separate actions in a given geographic area which, if
considered singly, may have minor impacts, but if considered together
may have significant impacts; or
a sequence of actions, contemplated by a single agency or individual; or
separate actions having generic or common impacts; or
an entire program or plan having wide application or restricting the range
of future alternative policies or projects, including new or significant
changes to existing land use plans, development plans, zoning regulations
or agency comprehensive management plans
the Planning Board finds that many if not all of these criteria exist with respect to
Hog Neck, and
$outhold Town Planninq Board
Pa.qe Nine
June 24,2002
WHEREAS, more specifically, the Planning Board finds that, the pending applications
represent consideration of a number of separate actions in a limited resource
area; that the approval of these actions represents a sequence of actions which
may have a significant impact; that these separate actions have generic or
common impacts; and that the approval of piecemeal subdivision of land on the
Hog Neck peninsula may foreclose the possibility of alternative conservation land
use, coordination of resource protection, and may in fact cumulatively over[ax
the environmental resources associated with Hog Neck, and
WHEREAS, the Town of Southold has a Master Plan and a series of studies, planning
initiatives and a record of decisions which establish the Comprehensive Plan of
the Town; specific studies which establish the planning framework of the Town of
Southold are identified below:
Land Use and Groundwater Quality in the Pine Barrens of Southampton (Cornell,
1983)
Southold Demonstration Project (Cornell, 1983)
Town Master Plan Update (1985)
Long Island Comprehensive Special Groundwater Protection Area Plan (1992)
Southold Town Stewardship Task Force Study (1994)
Agricultural and Farmland Protection Plan (1996)
Long Island Sound Coastal Management Program (1999)
Town of Southold Draft Local Waterfront Revitalization Program (1999)
County Route 48 Corridor Land Use Study (1999)
Farm and Farmland Protection Strategy (1999)
Town Water Supply Management & Watershed Protection Strategy (2000)
Town of Southold Local Waterfront Revitalization Program (2001)
the Planning Board is aware of these studies, and coupled with the zoning map
and Zoning Code of the Town of Southold, seeks to maintain orderly
development within the purview of the Board's functions, and
WHEREAS, the Planning Board is aware of an overriding set of goals and desires
represented by four (4) themes which are embodied in land use documents and
regulations and the Comprehensive Plan of the Town, specifically noted as
follows:
(1)
(2)
(3)
(4)
The preservation of farmland and agriculture,
The preservation of open and recreational space,
The preservation of the rural, cultural, commercial and historical character
of the hamlets and surrounding communities, and
The preservation of the natural environment.
the Planning Board finds that responsible land use decision making must
consider these themes, and
Southold Town Plannin,q Board
Pa.qe Ten
June 24,2002
WHEREAS, the potential for simultaneous development of the current pending
applications, and the potential for further development of vacant lands on the
Hog Neck peninsula, poses a significant adverse environmental effect upon the
resources of Hog Neck, and further may result in a conflict with the four (4)
themes that establish the goals and desires of the Town of Southold in terms of
the Comprehensive Plan, and
WHEREAS, the Hog Neck Peninsula is a unique land mass comprised of approximately
2 ½ square miles, that has limited resources, and is independent in many ways
from the main body of Southold Town, and
WHEREAS, Hog Neck has only two points of access resulting in concern over
emergency access as well as the general capacity of the roads to sustain
combined development pressure of the pending projects as well as further
development of other vacant lands, and
WHEREAS, Hog Neck is surrounded by water and constrained with respect to access,
and as a result, emergency service response, evacuation, flood zone
management, and other service and community protection aspects associated
with extensive development of Hog Neck warrant consideration, and
WHEREAS, Hog Neck is adjacent to the Peconic Estuary Reserve, and land use and
development must be carefully considered with respect to potential impacts on
the Peconic Estuary, and
WHEREAS, Hog Neck is surrounded by tidal waters and tidal wetlands, and has a
number of interior tidal creeks including Goose Creek, Corey Creek and Cedar
Beach Creek, comprising vast areas of marine waters and tidal marsh/wetlands,
which are productive ecological resources with significant environmental benefit
in terms of habitat, food production, stormwater and flood control, with the
recognition that these resources and adjacent protective buffers should be
protected, and
WHEREAS, Hog Neck includes as many as twelve (12) interior State designated
freshwater wetland systems (which are grouped and comprised of more than one
feature in many cases), and that these systems provide habitat, water resource
benefit, and potential inter-linkages in terms of species migration and support,
with recognition that stresses to these resources could result in adverse
environmental impacts, and
WHEREAS, Hog Neck is an independent groundwater reservoir, which is subject to salt
water intrusion, encroachment of the salt water interface, and depletion for water
supply, as well as impact from groundwater discharge, which may result from
over-intensified development, and
Southold Town Planninq Board
Page Eleven
June 24,2002
WHEREAS, Hog Neck, due to freshwater and tidal wetlands, as well as open space
and upland habitats, is a haven for wildlife resources which depend on the
natural environment and expanses of natural resources associated with the
peninsula, and that intensified use may result in impacts to these ecological
resources, and
WHEREAS, Hog Neck includes rural, open space, agricultural and natural resource
qualities, as well as cultural resources; these are resources which are embraced
by the Town under the Comprehensive Plan and further are resources which
may be adversely affected by over-intensification of development, and
WHEREAS, as a result of the traffic, water resource, ecological, open space and
cultural resources associated with the overall peninsula, and the potential
impacts thereto, the Planning Board finds that consideration of individual projects
without interrelated review would be contrary to SEQRA, and
WHEREAS, the Planning Board of the Town of Southold in view of the information
available with respect to the Hog Neck peninsula, and the pending projects as
well as developable land, finds it would be irresponsible to review the current
applications in a piecemeal fashion, and that this would essentially result in a
segmented review of a series of actions that are expected to result in cumulative
and generic impacts, and
WHEREAS, the Planning Board has conducted a coordinated review with involved
agencies of individual actions including both Type I and Unlisted actions, and
has assumed lead agency as a result of their role in the review and approval of
subdivision applications, and
WHEREAS, the Planning Board has authority to use planned residential development
(cluster) provisions with respect to protection of sensitive environmental
resources, and further routinely uses conservation subdivision, purchase of
development rights, and other land use, environmental and zoning techniques to
analyze, mitigate and reduce impacts consistent with the Town Comprehensive
Plan and in compliance with SEQRA, and
WHEREAS, such techniques are available with respect to Hog Neck; however,
piecemeal review of applications does not allow for the effective use of such
techniques to adequately protect sensitive environmental resources.
NOW
THEREFORE BE IT RESOLVED, that the Town of Southold Planning Board
hereby issues this resolution as a mechanism for coordinated review with
involved agencies with respect to the combined actions and resultant
development pressure on the Hog Neck peninsula, and that this resolution and
the background set forth shall be used in lieu of an Environmental Assessment
Form given the detailed account of the environmental sensitivity of Hog Neck
$outhold Town Plannin.q Board
Pa.qe Twelve
June 24,2002
identified herein, the geographic area involved and the multitude of pending
applications.
Mr. Cremers: Second the motion.
Chairman Orlowskh Motion made and seconded. Any questions on the motion? All
those in favor?
Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Latham.
Chairman Orlowski: Opposed? The motion carries.
Mr. Cremers: In addition-
BE IT FURTHER RESOLVED THAT, the Planning Board, after a period of thirty (30)
days intends to assume lead agency status with respect to pending subdivision
review of applications.
Mr. Ca.qgiano: Second.
Chairman Orlowski: Motion made and seconded. Any questions on the motion? All
those in favor?
Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Latham.
Chairman Orlowski: Opposed? The motion carries.
Mr. Cremers: In addition -
BE IT FURTHER RESOLVED, that the Planning Board finds that a Generic
Environmental Impact Statement (GELS) is appropriate and intends to issue the
appropriate determination to require such document for the Hog Neck peninsula,
considering the current pending applications which are expected to result in
cumulative and generic impacts.
Mr. Caq.qiano: Second.
Chairman Orlowski: Motion made and seconded. Any questions on the motion? All
those in favor?
Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Latham.
Chairman Orlowski: Opposed? The motion carries.
Mr. Cremers: In addition -
Southold Town Planninq Board
Page Thirteen
June 24,2002
BE IT FURTHER RESOLVED, that the Planning Board authorizes the secretary to the
Board to file this notice with the following parties:
New York State Department of Environmental Conservation, Albany
New York State Department of Environmental Conservation, Stony Brook
Suffolk County Department of Health Services, Riverhead
Town Board of the Town of Southold
Town of Southold Trustees
Ms. Betsey Dickerson, Applicant
Patricia Moore, Esq., Applicant Agent
Abigail Wickham, Esq., Applicant Agent
Richard Lark, Esq., Applicant Agent
Cathy Mesiano, Expeditor, Applicant Agent
Mr. Ca.qgiano: Second.
Chairman Orlowski: Motion made and seconded. Any questions on the motion? All
those in favor?
Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Latham.
Chairman Orlowski: Opposed? The motion carries.
Now, in regard to engaging consulting services of Nelson, Pope and Voorhis to prepare
the Generic Environmental Impact Statement for the Hog Neck Peninsula, I'll make the
following motion:
WHEREAS, the Town of Southold Planning Board has adopted a resolution (dated
June 24, 2002) for the purpose of coordinated review of a series of actions with
involved agencies, with the intent to assume lead agency and require a Draft
Generic Environmental Impact Statement (ELS) for projects on the Hog Neck
peninsula pursuant to the State Environmental Quality Review Act (SEQRA)
procedures, and
WHEREAS, as indicated in that resolution, the Planning Board has received a large
number of subdivision applications on the Hog Neck Peninsula within recent
months, and these applications are simultaneously pending review and decision
by the Planning Board, and
WHEREAS, the Planning Board finds that these projects are interrelated to the extent
that one project on its own may not overtax environmental resources; however,
the combined effect of development may result in adverse environmental
impacts, thus indicating the potential for cumulative impacts, and
Southold Town Planning Board Pa.qe Fourteen
June 24, 2002
WHEREAS, the preparation of a Draft Generic ElS is intended to fully assess the
potential environmental impacts of these developments in consideration of the
land use and environmental resources of the Hog Neck peninsula, and
WHEREAS, the regional nature of the Draft Generic ElS is expected to involve
municipal planning considerations that can not be adequately anticipated by
individual project sponsors, or a collective effort by individual project sponsors to
assess impacts, determine mitigation, and explore alternatives, and
WHEREAS, the Planning Board has reviewed SEQRA Part 617.13, which states the
following:
"When an action subject to this Part involves an application, the lead agency
may charge a fee to the applicant in order to recover the actual costs of either
preparing or reviewing the draft and/or final ElS. The fee may include a
chargeback to recover a proportion of the lead agency's actual costs expended
for the preparation of a generic ElS prepared pursuant to section 617.10 of this
part for the geographic area where the applicants project is located. The
chargeback may be based on the percentage of remaining developable land or
the percentage of road frontage to be used by the project, or any other
reasonable method .... '; and
WHEREAS, the Planning Board is cognizant of the provisions of SEQRA Part 617.10
(d) which indicates that once a Final Generic ElS has been filed, among other
provisions, "No further SEQR compliance is required if a subsequent proposed
action will be carried out in conformance with the conditions and thresholds
established for such actions in the generic ElS or its findings statement...'; and
that as a result, the Planning Board through the preparation of a Generic ElS
essentially consolidates and potentially shortens the environmental review of
pending and future actions provided such actions are consistent with the findings
on the Generic ElS; therefore, the Planning Board finds it appropriate to use the
provisions of SEQRA Part 617.13 to chargeback or recover a proportion of the
lead agency's actual costs expended in the preparation of the generic ElS, and
WHEREAS, the Planning Board finds that to complete a Generic ElS will be more
efficient and more expeditious than individually reviewing applications in addition
to allowing the Planning Board to fulfill their obligations under SEQRA by not
piecemealing or segmenting project review, and
WHEREAS, the Planning Board finds that the Town of Southold, as the municipal entity
with land use jurisdiction, and specifically the Planning Board which has authority
to use planned residential development (cluster) provisions with respect to
protection of sensitive environmental resources, and further routinely uses
conservation subdivision, purchase of development rights, and other land use,
environmental and zoning techniques to analyze, mitigate and reduce impacts
Southold Town Planning Board
Pa.qe Fifteen
June 24,2002
consistent with the Town Comprehensive Plan and in compliance with SEQRA,
is the appropriate agency to conduct such review and analyze said impacts, and
WHEREAS, following the coordination period, the Planning Board intends to issue a
notice that a Draft Generic ElS is required, and expeditiously proceed with
scoping, Draft Generic ElS preparation, and implementation of ElS procedures
consistent with SEQRA, and
WHEREAS, the Planning Board, in order to ensure the expeditious completion of this
project in a manner that will not cause undue delay to pending applications,
seeks assistance on a consulting basis to advance this project in a timely
fashion, and
WHEREAS, the Planning Board seeks to retain the services of Nelson, Pope & Voorhis,
LLC, in this regard due to; their familiarity with the Town, track record in assisting
the Town Planning and Town Board's with project review and special projects
over a fourteen (14) year period (with the predecessor firm Charles Voorhis &
Associates), recent completion of the Water Supply Management & Water
Protection Strategy document, geographic information system capabilities for
regional land use and environmental impact analysis, and their ability to interact
and integrate with Town staff to achieve the desired results.
NOW
THEREFORE BE IT RESOLVED, that the Planning Board hereby retains Nelson,
Pope & Voorhis, LLC assist with SEQRA administration, scoping, and
preparation of the Draft and Final Generic ElS for Hogs Neck.
Mr. Cremers: Second the motion.
Chairman Qrlowski: Motion made and seconded. Any questions on the motion? All
those in favor?
Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Latham.
Chairman Orlowski: Opposed? The motion carries.
BE IT FURTHER RESOLVED, that this resolution authorizes the completion of the
required services to an amount not to exceed $85,000, subject to a task by task
proposal with scope of services and budget for services for scoping and SEQRA
administration, Draft Generic ElS (including a traffic study and Phase IA cultural
resources assessment) preparation, attendance and coordination of the public
hearing, review and compilation of comments in the Draft Generic ElS, Final
Generic ElS (including response to comments) preparation, and appropriate
related services.
Mr. Cremers: Second the motion.
Southold Town Planninq Board
Page Sixteen
June 24,2002
Chairman Orlowski: Motion made and seconded. Any questions on the motion? All
those in favor?
Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Latham.
Chairman Orlowski: Opposed? The motion carries.
BE IT
FURTHER RESOLVED, that the Planning Board directs Planning staff and
Nelson, Pope & Voorhis, LLC to integrate their efforts to mutually prepare in the
most efficient manner possible the required geographic information system
mapping, individual project review and analysis as related to the Generic ElS,
and other inter-related tasks such that the project proceeds in a timely and
efficient manner.
Mr. Cremers: Second the motion.
Chairman Orlowski: Motion made and seconded. Any questions on the motion? All
those in favor?
Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Latham.
Chairman Orlowski: Opposed? The motion carries.
BE
IT FURTHER RESOLVED, that the Planning Board will establish a fair and
equitable method to chargeback the cost of services to the various pending
applications, such that the appropriate fees for the preparation of a Generic ElS
will be proportionally covered by those entities that will benefit from the timely
completion of said document through the comprehensive analysis of cumulative
projects and the expected abbreviated individual project review for those projects
that are consistent with the findings on the Generic ElS.
Mr. Cremers: Second the motion.
Chairman Orlowski: Motion made and seconded. Any questions on the motion? All
those in favor?
Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Latham.
Chairman Orlowski: Opposed? The motion carries.
There is nothing left on our agenda for today. If anybody would like to state anything for
the record, they may. We're going to adjourn and go into a Work Session. I11 entertain a
motion to adjourn.
Mr. Caggiano: So moved.
Southold Town Planninq Board Pa.qe Seventeen
June 24, 2002
Mr. Cremers: Second the motion.
Chairman Orlowski: Motion made and seconded. All those in favor?
Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Latham.
Chairman Orlowski: Opposed? The motion carries.
There being no further business to come before the Board, the meeting was adjourned.
Ben~nett Or~w~,-Jr.~, ~~
Respectfully submitted,
Carol Kalin
Secretary
RECEIVED ~ ~-~¢-*¢-.-'
APR 17 2003