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HomeMy WebLinkAboutEnvironmental Review 1979LOCAl, LAW NO. of the year 1979 A local law providing for environmental review of actions in the Town of Sou t ho] d. Be it enacted by the Town Board of the Town of Southold. Section 44-1 Chapter 44 of the Code of !he Town of Southold; constituting the Environmental Quality Review Law of the Town of Southold, is hereby repealed and reenacted, to read as follows: section 44-2 The purpose of this local lazv is to implement for the Town of Southold SEQR and Part 617. Section 44-3 (a) The terms and words'used in this local law shall have the same meaning as such terms and words are defined in Article 8 of the Environ?nental Conservation Law and t-~art 617, unless the context requires a different meaning. (b) The following terms shall have the fo]lowing meaning (1) SEQR - the State Environmental Quality Review Act as -set forth in Article 8 of the Environmental Conservation LaW; {2) Part 617 - the rules and regulations set forth in 61NYCRR 6t7; (3) EAF - Environmental Assessment Form; (4) E~_S - Environmental Impact Stateme~at; (5) To~,n - the town of Southold. Section 44-4 No action, other than an exempt, excluded or Type ii action, shall be carried out, approved or funded by any agency, board, body, or officer of the To',~'n, unless it has complied with SEQR, Part 517 to the extent applicable and this local law. Section 44-5 (a) An EAF shkl.! be prepared by or on beaalf of any agency, board, body or officer of the Town in connection wi[h any Type ! action such agency, board, body or officer contemplates or proposes to carry out directly. For an un- listed action an EAF in a short Or long form may be prepared to _a~,~. a prelimin- ary determination of environmental significance. .(b) An application for permit or £undin~ of a Type ! action shall be accon%panied by an EAF, and for an unlisted action m~- be acco~npanied by a aho~t or long form EAI~ ' as may be needed to assist the lead agency in m~king a pre!irninary determination of environn~ental significance. An applicant may prepare a draft EIS to accompany the application in place of the F. AF. In lieu of an EAF the Town Board or a lead agency having authority to adopt its own regulations may adopt different procedure for reviexv- ina envi~'onrnental significance of unlisted actions. The lead agency sha]i tnake pre!i~ninary determination of environmental significance of the action of the basis of ihe' EAF, draft ElS or with respect to unlisted actions in accordance with its own procedures, as the case may be, and such other inforrnalion it requires. Such deterrnination shall be made within 15 days of its.designation as lead agency or within 15 days of its receipt of all information it requires, whichever is later. For Type I ac*_ions, deterl~nination of non-significance shall be noticed and filed as provided in Part 617.10<b); for unlisted actions a determination of non-significance shall be sent to the applicant. and ~nainta~ned in accordance with Part 6i?. ?(e) and 617.10(f), After a deternaination of non-significance, the aclion including one involviTng a permit or funding sha.l~ be processed v,?ithout further regard to SEQR, Part 617 or this local - (c) The time of filing an application for approval or funding of an action shall core,hence to run from_ the date the preliminary determination Of environmental non- significance is rendered, or if in lieu of an EAF the applicant Prepares a draft ISIS, from the date the applicant files a draf~ EIS acceptable to the lead agency. Section 44-6 If the lead agency determines that an EIS is 'required, it shall proceed as provided in Part ~1~.8, 617.9 and 617.10. Comc~encln~ ~-ith the accept- ance of the draft EIS, the time li~nitation for processing' the EtS shall run concurrentty with the time lin~itations applicable to p~-ocessing the application for approval or funding of the action, and a pc~btic hearing on the draft ElS, 'if any, shall be held con- currently ~ith any hearing to be held on such applicatio(~. The draft ElS shall be prepared. by the applicant. Failure b~' the applicant to prepare an EIS acceptable to the lead -2- agency shall, at. the option of the lead agency, be deemed an abandonment and discon- tinuance of the application. Section 44-7 The lead agency s.hall be determined and designated as provided in Part 617. 6 and 617. 7, except that in the fo]lowing Type I and unlisted actions the lead agency shall be as provided herein: (a) adoption, amendment or change in zoning· regulations not requiring a federal or state agency perm, it or approval - the To~vn Board; (b) eonstruet:,on or expansion of Town buildings~ structures and facilities within the Town not requiring a federal or state agency permit or approval - the To%vn Board; (c) variances and special exceptions not requiring a 'federal or state. agency permit or approval - the Zoning Board of Appeals; (d) purchase, sale and lease of real property by the Town, not requiring a federal or state agency permit or approval - %he Town Board; (e) planned unit deve!~pment or cluster zoning not requiring a federal or state agency permit or approval - the Town Planning Board;. (f) site plan review and special use permit not requiring a federal or state agency permit or approval - the Town Planning Board;' (g) construction or expansion of nonresidential facility no% requiring a federal or state agency permit or approval - the Building Inspector; (h) parking lot not requiring a federal or state agency permit or approval - the Building Inspector[ Section 44-8 The Building Inspector shall act as the town clearinghouse for lead agency designation. Such clearinghouse shall assist agencies and applicants to identify other agencies~ includio_g federal and state, that r~ay be invol~ ed in approk~ing, funding or carrying out Type ! and unlisted actions. The clearinghouse shall also make recom- mendations on the designation' of a lead agency. Section 44-9 Environmental review of actions involving' a federal agency shall be processed in accordance with Part 617. 16. Section 44-10 The fees for review or preparation oi' an EIS involving an applicant for approval or funding of an action shall be fixed from time to tirade by a resolution of the Town Board. If the applicant prepares the ElS, the Tow~ ~nay charge a fee for actual expen.~es ol' reviewing it, but if a Town agenc~~ prepay'es an ElS on behalf of an applicant, it max' charge a fee for the cost of preparing i~cluc]ing publication of notices, but not for 'the co~ of professional review. Section 44-11 Critical areas of er~vironmental concern may be designa[edby resolu;ior~ of the Town ]Board in accordance witl~ Part 617.4(j). Section 44-12' This local law shall take effect i~_mediafely. MINUTES OF HEARING ~ FOR THE ENACTMENT OF A LOCAL LAW ENTITLED "A LOCAL LAW PROVIDING FOR ENVIRONMENTAL REVIEW OF ACTIONS IN THE TOWN OF SOUTHOLD" A public hearing was held by the Southold Town Board at the Southold Town Hall, Main Road~ Southold, New York 11971, at 3:30 otclock PoM. on Tuesday, January 23~ 1979 for the enactment of a local law entitled~ "A Local Law Pro- viding for Environmental Review of Actions in the Town of Southold." PRESENT were: SupervisorAlbert M. Martocchia Justice Martin L. Suter Councilman Henry W. Drum Councilman William R. Pell~ III Councilman James F. Homart Town Clerk Judith T. Terry Town Attorney Robert W. Tasker ABSENT was: Justice Francis T. Doyen COUNCILMAN MOM~Nread the legal notice of hearing as follows: NOTICE is hereby given that there has been presented to the Town Board of the Town of Southold on the 26th day of ~ecember, 1978 a Local Law entitled~ "A LOCAL LAW Providing for Environmmntal Review of Actions in The Town of Southold." ' Be it enacted by the Town Board of the Town of Southold. Section 44-1 Chapter 44 of the Code of.the Town of Southold~ constituting the Environmental~Quality Review Law of the Town of Southold~ is hereby repealed and reenacted to read as follows: Section 44-2 The purpose of this local law is' to implement for the Town of Southold SEQR and Part 617. (At this point in timer Councilman Hnma-nasked if he could refrain from read- ing the entire Notice of Hearing due to its length.) MR. TASKER: Basically speaking, the State entered its Environmental Quality Review Act and also amended its rules and regulations. Both the rule and the regula- tions require that our regulations be consistent with theirs. Therefore since they have to change theirs, we are going to have to ch~uge~.ours, and this whole law is really t&chnical revisions changing our procedures to conform to the State's law and regulations. "If no one wishes it heard or read, we can waive the reading of the new SUPERVISOR MARTOCCHIA: Are 'there any Objections for this Notice not .to Be read~ (There was ~'~esponaeo) ~, > ' ' · · ' For. the-re6ord, ~the'LocaI Law Notice of Hearing .is continued'as follows: . ' ...... 7 ? ~"~7 '~-'~I - 7" " ""' ' "' -' . .' ";J'. . 7" ." '.'Segt{0n ~4'13'-;''~'a)''' The *' '- .... term.p, and.words used in this local law-shall.., have. . the ~ - '>::2: ~ ...... .} ' - ":' ' :-" :~: ~ ~- :: ' ,' ~:--,.¢-C-_...':" ~'-' .- · - ' · '....: - '.-. .... :. '. · ' .- "S~me' m~aning' ag Suc5 terms, and ~6-rdS are defined in'Article' 8 of the Environmental · -:7~.'~.:-'. :~.. ,'..}". "':'2 .'..- -.';'.'7 .:' _.' :" '.' "~-~': ':,~:::--' ':'7. ' ' ' : -- ' ' · ' - ~ -- - .... ~ '' - ~ '~ · -..Conservation LaW and ~art. 617; unless the context requires a different meaning/ .'.- . . '-:.L..."~..4 :.:. --_~. :" .... ~ ...... .... -:'~: :,-:?":'.',U. ......... ' ' - · -...:"~')i:!.}:.." : z.'--.:.:.,: -,¢: :'. .. - % ..'.-:':-: - {b) The following terms shall have the following meaning ... . .: . . · · "]' -'--]- -_ · ' -] '.. ' ' .7~ L ' ' ' ' ' ' :~.'....~-'-..-: .: :.:~ {1) SEQR - the State Environmental Quality Review. Act-as set forth in · - ~ ._..._~.... ~ :~ '"~W- .: "-..:. :_~,""'i .; '. ' ". .' >:7..'.: "' ..... '. ' : ·. ':. : ].- .- ':-.~....(.. :." '-.- '~: __ Article 8 o~ the En~ronmental Conservation Law; . . .... . .... _ .. "'~ :~?~'."-":-?:~.'1"'::':~'.~(~) Part'.61? -'the ~ules and regulaaons set f;rth in 6~-CRR 617; .- . '.' ' ' "- "~ .-.' :} .: ~:'.'""::' -' (3~- 'EAF 2':Endkoh~'ental A ss~ssmen~ form?' :~' "'~:-":-':"'~"'"'" ....... ~' ':' ~:~ ' "~ '-.t.'-'"'."::' >' ;. . "' " ~-::-~ ~ ~ " ~' ' "" '"';"~' ' ' "'~ " - ' ' ......__..........._.:.. (4) EIS-En~ronmentalImpactStatement; "-: ":'." : ::~-' · :.._ ' '- ' :%~.'...::'_."-.":.7~ . .. ' :. - -. , ' ~:;~]",: . ~K'..--..::: '- - " :<':..:.:.:, :5.-. v-- .-.- {5). Town 2 'ihe'"tOwn'-0f Soulhold. : ......., - "'. :. :' '. - '/'~:1~:'-'"":""' .: ',- :''''-: '~.. .'""7'.. -..'~. .. ':C:-': ::' '.~" -~: ..... -"-"'~' ,~ .??;':":.. :,':-,:?~'77~-':'..:": ...... - : .: .-.~-: .:> .: ........ "-?~: ":': - "-"'? '-'-~ -'-: ' '-'J ..... . Section 44'-4 No action, other than an exempt, excluded or Typ~ II action, . --.-: . .- .... . .-'.:] ........ .:..~:j.'..:_.:.~..:.~ ...... . ....... ... . .'. ~._...':.-.. ~.. ...-~ .. . shall be Carried out, approved'or'funded by any agency; board, body, or officer of .- '. the TOwn, Unless it has complied'with SEQR, Peri this local law. ' ' Section 44-5' {a) An EAF shall be Prepare 617 t6 the extent applicable and ' ' .' ~ .: ".:i'~: ". · - "':' '..'...'.'. d by or on behalf of any agency, ' ' board, body' or officer or the' Town in connection With any ~yPe I action such agency, .. I · board, body or Officer' Contemplates or proposes to carry out directly. For an un- ' listed' action an EAF in a short or long form may be prepared to facilitate a prel'imin- ary determination of environmental significance. (b) An application for permit or funding of a Type I action shall be accompanied 'by an EAF,' and for an unlisted ~ction may be accompanied by a short or long form ]gAF . .:. as may be needed to assist the lead agency in making a preliminary determination Of ' · environmental significance. .An'applican~ may prepare a draft ElS to accompany the ._- ' .. '.. :- ~.- · :.. ~ :,. ': .~, '?. application in pla~e of the EAF. In lie~ 0f an EAF the Town Board or-a'lead agency . ha~dng' aUtt~ority to adoPt. its own regulations may adopt different procedure for review2 i- ' ing en~'ironmental significance 'of unlisted actions. The lead agency shall make a .-:- - --' preliminary determination of environmental significance of the. aCti-0n of the basis of the :". . . .. . ' - . . -.'. . ~, . . : . . : .... . . '.ii'..: : : ,.. -. : .~'. ~ .' EAF, draft 'ElS or 'With'~espect t° Unlisted actions in accordance. with its 6wn pr'ocedures, ' as the case may be~ and'such'other, information it requires.. Such determination Shall .:.. ~: be made Within 15 days of its"designation as lead agency or within 15 days of its 'i '-: ~ ' : :receipt :of all information it requires, whichever is later~ --For Type I actions, a -. .... -. : ': . ..:'_.--i':-~:~ i,-:'."i~ : ~ ..... , : .: ~'..~.'~. -~ : ::.::~ -.~. :-.-. ".-::. determination of non-significance shall be no'iced and filed as pro,Aded in Part 617.10(b); for unlisted actions' a determination of nOn-significance shall be seht to t,he applicant -' i '-:- · -.:'::.: -., -~-::'~;-.'.. .- :... ,-.- · '-' '-. -.' :':-; 'i .... :-..'-' ::'.'~ and maintained in accordan~ With Pa~t 6172 Vie') and 6i7.10(f)i Afte~:'a determination '-~'.'_ . -. .- · ..... ': ~.-~: .... :"..:~:_.:-'_ -:~: ..... . ~ . .._. : i....5.5...:~} ~: ,· ::,:..::: of non-significance, the action including one involving a p~rmit or funding shall be' .:. : _ · .... ... ':. . , . . . .-.. . '..: :.... ~ -.. . ·, . .: · . processed without further regard to SEQR, Part 617 or trois local'law. ":. :7 .i'-..::/: ~: ~ ' : ' '. · '~ "' ' : : : ' ":'' '.""' .... ' '.' i: -"'". .":'::::: ':-'*":' '.~:':i '- : . (c) The time of filing an~ application for approval mr funding of an action shall ·_ '- . . . - '. · .'~'... ,-:~.::;72 ' ' ~ i ' ' ' ' -' ' ' ' ': '~ ~''- :~:'~; -. ~ommence to run from the 'date the prelimina~'y determination 'of environmental non- : .-.. - . : - . .... . .. .. .: - . -. ~: -.'_- ~' · .. -' :.......~-~.- ' significance is rendered, ' or if in lieu' of an E,XF the applicant prepares a draft IglS, · from the date the applicant files a draft ElS acceptable tO the iead ~g~n¢~:-::' :',: ;-"::-,i-:+7:;(¢.:-'-: ,: . _.' .: .. : . '.!' .: . _~::}: - . :':'~:-. / . · . . :. .:-:: '-~,: :.:! : :i~ ~:. . > ' .' . :~' - ' ' - ' ·' . ·: ::( :" ::f:;','~;~:7;:!~i· '~.'i ;'" ._:': :: .L. " -' 7- 'Section 44-6' If the lead agency determines that an EIS is required, 'ir'shall~' -" Proceed as pro%4ded in Part 617.8,- 617.9 and 61~f. 10.' Commencing with the accept--'. ance of the draft EIS,' ihe time limitation' for processing the t~IS shall run concurrently '"'"' -.with the 'time limitations applicable to processing the application for approval or .-.. funding of the action, and a public hearing on the draft ElS; if any,' shall be held con .... ' Currently with any h'earing to be held on such application. The ara~t EIS shall b'e prepared by the applicant. Fallure~by the' ~pplicant to prepare an EIS acc'ep~able to the lead "~-aen'cy '~h~li.'.~t 'tha'-0pti~n-o~ the lead agency, be deemed an =bandonmen[ and distort- ' ' ' ' "' '" .... ' - "' '.: .. - . .' - .'/~.' . "- .' .'"-:" . -. 3 ~3..,.' .... ~' -..' ': Section t4-7 The lead agency shall be determined and designated as provided in Pa6t siT. 6 and 6~7.'7.":~axcep[ th'at'i~ the foltowing Type I and unlisted actions the lead .~' .agency shallbe as pro~4dedherein: ' . .. -_...'- .-.... -.......... ... . ~.... :... ;~ ;_ ~._.~;~ ~;:'.: .;.~..._-._..'.'.._ . . - ' (a) adoption, amendment or change in zoning regulations not rbquir~ng a '.federal or state agency'permit or approval .- the Town Bo~d;- -. -... -. . .-.:. ..... ' ...... '" ' ' (b) construction'or' expansion ~[ Town buildings, structures and facilities ~.within the Town not requiring a'federal or staie agency permit or approval - the Town .-.-~::L.~'_~:-/.,.. ; .: . .. (c). variances and special exceptions not requiring a federal or state .L<,. . .. . . ~ .-'.'. ; ...... . .~. 3.' .... __~ · ~ .._ . .agency permit or approval'- the Zon~g Board of Appeals; ............... -'"""~'"~ -" ~" ' (d) purchase.' sale and lease of real proper~y hy the Town, not requirina -~ '-'."-~- ~ ' .' '. 'L' .' '~ -.:,' · -'. '..'~ ."-,' ..... :~ -'- -- ' · . -.-" .-'.-'.- . . a federa! or state agency permi~;a~ approval - the Town Board;" . :....- . . , ' _ . ..-. :. - ~.. . _ ... .- . ~,-~- ~.:~ . . '.... . _ .'_ . - , ' ~...., .' : -.-<..'- . ...... ".(e) planned unit development or cluster zoning not requiring a federal or 'State agency permit or approval - the Town Planning ]30'a~d;' ' ' : .. 'i .... (f) site plan review and special.use permit 'not r. eqdiring a federal ~r'"-~'". siate agency permit or:approval - the Town i~lanning Board; ' '7 ".:::': ; .'---. :.~ '-'-'h.:::':' ~.. · : ' (g) Construction or expansion of nonresidential facility not requiring a federal or 'state 'agency permit oc' approval - the Building Inspector; . ' . ~'. :"'._:....:" _ "~ ... '.: -....'.'.".. · -~'..:.:...'"'._.,-~ :-::~, -"-:~:i'.~... . " '- '. .... ::-,: ~'.,~_~ '..:~_ '- -, '.~:~...~ :?-_ .:;-~:t;:. ' .'-:. · '.(h) parking lot not.requiring a federal or state agency permit or approval - .... " '. Section 44-8 'The Building Inspector shall act as the town clearinghouse for lead · . ·. · . '. ' . .:'.. /-. , '.._. . ..': -'-.. :: -..'.,. agency designation;. . Such cl0ariUghoUse shall assist agencies and applicants to identify other'agencies, including federal and state, that may be involved in aPpro,-ing~ funding. or carrying out Type I and unlisted actions. The clearinghouse shall'also make recom~ mendations on the designation of a l'ead agency. ~ ~':'.i '~ ~-.: ~ ' · · - . Section 44-9 Environmental rev-iew of actions involving a federal agency shall he : . . · . , .. . . .'.. - ... .. ~ · . . ~... .. ~ ..... ~ · ;' -~.' -- :. - . ~" processed in accordance With Part 617.16. ' ' '- .... . .' '- "~ '~ :' :'" Seciion 44-i0 The f~es for review or preparation of an EIS'involving an applicant . _ . . · '. . : - . . ................~: ..... for- approval or funding o[ an action Shall be fixed from time to ~:ime by -a resOlUtion of'the Town Board. If the.applicant prepared.the EIS; the Town may charge a fee for actual expenses or reviewing it, but if a Town' agency.' prepares an ElS on behalf of an applicant, ... it ma5 charge a fee for the cost of preparing including publicatioh of notiees~ But not for.'-' the co.;t of professional review.' '" - · -' ~ -- :: ':. Section 44-11 Critical areas of environmental concern may be designulcd by : resolu~{on of the Town Board in accordance with Part ~17.4(j). .- Section 44-,12 ~.This local law shall take effect immediately. ' . ~ . i.."': .~. · . :~ ~ ' . ' ' :' ~'~ ' ~ ::: !-' " ~' i i'- - - ~'~' ' :/ .... : -.. -';-. ;.: ':. :' ?.-:i: i:.: ..~ ~.~:.-~- --'- -' s: ' '- .... · :.. i..:_-. :.' _: :..: ~. : .' ....~:..i-.:.:.:," ~::'~-,.~ Copies of such Local Law are available at the Office of the Town Clerk for inspection by and distribution to any interested person during business hours. Notice is further given, that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold To~n Hall~ Main Road, Southold~ New York on the 23rd day of January, 1979 at 3:30 o'clock P.M., at which time and place all interested persons will be heard. DATED: December 26~ 19780 BY ORDER OF THE SOUTHOLD TOWN BOARD JUDITH ~T. TERRY~ TOWN CLERK COUNCII~N HOMAN (continued): We do~ have proof of publication in the Suffolk Weekly Times and proof of publication in the Long Island Traveler-Watchman. We have an affidavit that this was published-posted rather-on the Town Clerk's Bulletin Board~ Town Clerk's Office; all of these are duly notarized. SUPERVISOR MARTOCCHIA: You have heard the Town Councilman read the legal notice~ and that this has been publicized in two Southold Town papers~ namely, the Traveler and the Suffolk Times, and the news bulletin on the Town Clerk's Bulletin Board. Now we have the notice right here; if there are any questions about it~ we would be glad to answer anyone. It is an updating of what the State wants us to do compared to what it was. MR. BEAR: Mr. Supervisor? SUPERVISOR MARTOCCHIA: Yes, sir. MR. BEAR: 'I would like to make a statement regarding the SEQR Act. My name is Franklin Bear, and I am speaking here on behalf of the North Fork Environmental Council and we con~end the Tpwn Board and the Town Attorney for taking this step toward the enactment of a local law to support and implement the State Environmental Quality Review Act (SEQR). We in the NFEC wish to be of assistance to you to help make this local law as meaningful as possible toward accomplishing our common goal of directing and controlling the Town's development in such a way as to protect and enhance our unique environmental and historical heritage. We hope we can be a positive influence in this direction. We'_bElieve this proposed law~ as it is now written, falls short of our common goal. We wish today to raise questions and to make some suggestions as to how the local law can be revised and strengthened to better accomplish this goal. I am sure that further study of the State law and its possible implications in the Town of Southold will result in even more questions and suggestions. I don't need to tell you how complicated the State law is~ how difficult it is for Town officials to interpret and implement it, and how confusing it is ~o-applicants -- developers, builders, and others -- who must try to comply with the law in their day-to-day business. We sympathize with all of them. Our first question is~ "Are the Town Boards adequately staffed and financed to carry out their SEQR responsibilities?" This question raises others: "Could a central group or person handle the SEQR work most efficiently?" "Who could best serve in this capacity?" "What expertise and qualifications are needed?" "What additional staff or expertise might be required if the Town Body should have to prepare neces- sary documents for an applicant, as provided in Section 617.6 of the State Law?" MR. BEAR (continued): "Section 44-5(b) of the proposed Town Law states that Town Boards involved in an action may adopt different procedures. Wouldn't that lead to confusion?" "Wouldn't a single procedure be more efficient, and understandable?" '%~o would decide the procedure?" "Does 10cai. law explicitly permit joint decision~ 'by the various boards?' If so, where; and if not, why not?" "In Section 44-4, what is the meaning of the statement, ~No action other than exempt, excluded or Type II Action shall be carried out, approved or funded by any agency, body or officer of the Town, etc...'~" Could realistic examples of such actions be stated in plain English?" This Section should be clarified. Other questions, not necessarily in the order of their importance, are: "Shouldn't there be time limits on the validity of an application or an approval thereof?" "Upon completion of any action, shouldn't a lead agency assume responsibility for inspection of the way it is carried out and completed, and a Certificate of Satis- factory or unsatisfactory completion be filed with the Town?" "If an applicant makes false statem~ents in an application or on an environmental assessment form (EAF), should there be a penalty such as rejection of the applica- tion?'' "In Section 44-6, what criteria determine the preparation of an EIS (Environmental Impact Statement)?" Possibly of overriding importance is the question of what person or group should act as SEQR liaison or cleariBghouse. The proposed local law places this key res- ponsibility in the hands of the.~Building Inspector. We are reluctant to mention this because we have a high regard for the honesty and commitment of the present Building Inspector. But does the role which he plays in the administration of Town affairs point to him as the one who decides questions of environmental impact and lead agency designation? No place in the proposed law is the Town Environ- mental Advisory Council mentioned. Why not? Shouldn't that group play a key role in these decisions? Shouldn't the community at large also have representation? We are concerned, too~ about the criteria for determining what actions are Type I, Type II, or some other category. The State Law has no meaning at all for Southold. For example, under State Law Type I actions would include those exceeding parking faci~ties for more than 250 cars~ or storage facilities for a million or more gallons of liquefied gas, petroleum, or other fuels, or anything generating more than ~000 vehicle~trips per hour, or 25,000 vehicle trips in eight hours, or a residential development of 50 or more units in an unsewered area, or 250 units in a sewered area. These are only a few examples. They are a long way from serving any purpos~ for the Town of Southold. Surely we need more realistic criteria for our Town. We have obtained legal advice in this matter, and we have a memorandum which has concrete suggestions for strengthening the local law. Douglas Hardy will read that to you. Also, Paul Stoutenburgh, who as you know is a Town Trustee, has questions relative to the wetlands. Mit. BEAR (continued): I shall conclude my remarks by offering the assistance of the North Fork Environmental Council in helping to draft a satisfacgory Town SEQR Law. Our membership includes several persons with relevant expertise. We urge that adoption of a local law be delayed until a law which serves all our people -- citizens in general, business people, ail those whose specialties serve in the Town's development~ and Town officials. Let's make the Law specifically meaning- ful to our Town, and easy to understand and follow° We are here to help you. Thank you. SUPERVISOR MARTOCCHIA: Thane you, Mr. Bear, for your comments. Would you have a copy of that to leave with us? MR. BEAR: Yes. SUPERVISOR MARTOCCHIA: Thank you. rM. BEAR: And Mr. Hardy now has this letter from our attorney which I'd like to ask you to let him read. SUPERVISOR MARTOCCHIA: Sure. CHARLES HARDY~ My name is Charles Hardy from the NFEC. As several of us were assigned the task of reviewing this amendment, one to look into its intent and another one being suggestive, and we read it over, all of us, several times and it became quite clear that it became unclear to us and that it was so cryptive in the present manner that it's written that we thought df no~other recourse but hired the services of an attorney who has some expertise in Environmental Law, and that it was our conssnsus that there was really no reason why the Law couldn't be expressed in a clear manner, that an applicant whether he was a builder or a homeowner who came under the action of this Law couldntt understand it without constant recourse to a lawyer'~ This, I think, is one major criticism. Now I do have here the written comments of the la~yer~ it's three pages long and I would be very pleased to read if you wish, or we could also submit it, at your pleasure. SUPERVISOR MARTOCCHIA: it would be fine to submit it. CHARLES HARDY: I~ll submit it. SUPERVISOR MARTOCCHIA: Is there anyone else? PAUL STOUTENBURGH: I am Paul Stoutenburgh as you know, Town Trustee. One of the things that I~ve been concerned about is opaquing on our bays. There is no authority in this Town, whether it's building or it's Town Trustees, that have any- thing to say with opaquing and drawings in our Town, right off the property of our Town. I'm wondering.if this would be covered in any way in this particular law, and I address this question to Mr. Tasker. MR. TASKER: The SEQRA Law, the State Law, and Rules and Regulations place any area within a wetland automatically in~theTType I Classification, so that the SEQRA process would have to be complied with. MR. STOUTENBURGH: I'm saying with the bayside now. And this is still con- sidered an area wetland, and therefore would be under what Section? MR, TASKER: Well under the State SEQRA Law, as you know~ they divider they have a listing of activities -- Type I and Type II. Type I are those that are likely to have an environmental significance. In Type I are all lands within the wetlands as shown in the State Wetlands Map. So therefore all areas along the shoreline would automatically be Type I and would have to be assessed as to the environmental significance of any proposed operation. MR, STOUTENBURGH: So therefore any bulkhead in the bay would then have to comply with this law? MR, TASKER: It would be a Type I. MR, STOUTENBURGH~ That's what I was concerned with, because there is nothing in our Town now that gives any control to any of this in this Town for this kind of operation. MR. TASKER: Only the wetlands law. MR, STOUTENBURGH: Right, but that doesn't take care of the bay. The wetlands- MR. TASKER: Yes, it does° The wetlands law does. The Trustees do not have jurisdiction in the land under the bay° But the Town wetland law does apply to all kinds of wetlands. MR. STOUTENBURGH: Either the people don't put in any applications for groins on the wetlands-have never been any. MR, TASKER: Yes there have. We have quite a few applications for wetlands permits. MR. STOUTENBURGH: 0h~ the wetlands permits. But not the groins? MR, TASKER: Well a permit~ if you're in a tidal wetlands, whatever you do~ whether you construct, excavate or fill, you need a permit. MR. STOUTENBURGH~ It's not being done. That's what I am saying. MR. TASKER: Then I don't know. I do know we receive quite a few applications, MR. STOUTENBURGH: I do know~ and thatts why I say I would like to make sure that this, from now on, will be included. Mit. HARDY: Could you tell me~ "what's the procedure of this hearing. What will happen now after this hearing in enacting this law. Whatts the process?" SUPERVISOR MARTOCCHIA: The law that it adheres to is the New York State Law. If I'm correct~ the Town has rights to make it stricter, Mr. Tasker? bR. TASKER: We can make it stricter. We can enact a more strict law but we cannot enact a more liberal law. It has to be at least the strength of the State Law. I think you mentioned what procedure do we take. The question is then we MR. TASKER (continued): ... would after this hearing wappose the Town Board will consider in entire matter including the comments made at the hearing, on the ques- tion of whether to enact or not to enact the proposed Local Law. MR. HARDY~ On that basis, could I read these comments for the record? Since we did pay for the services of a la~/er, we should get our money's worth, t711 try and abbreviate this as much as possible. While Local Law ~44 is commendable in its attempt to clarify the role of various town agencies and their enforcement obliga- tions undmr SEQRA. I believe that the local law as drafted is somewhat unclear and needs to be strengthened. The most significant area of concern in the SEQRA statute and regulations is in the area of "unlisted actions." Probably 75% of all "actions" will fall under this unlisted category. Therefore, in order to prevent abuse, it is imperative that the criteria for determining~the signficance of unlisted actions, and the procedures to be followed by local agencies with regard to unlisted actions, be fully spelled out. Local Law ~44 does not do this. Therefore, I would amend or revise Local Law 44 as follows~ Section 44-5(a) is unsatisfactory. The environment assessment form (EAF) is a useful tool that should be used by all local agencies to gather information on environmental impact of any proposed action. Therefore, I believe that an envirorm~ental assessment form should be required for all actions (in other words, applications for permits). In the case of Type 1 actions, the role of the environmental assessment form is not so critical since almost all Type 1 actions will require an environmental impact statement. For unlisted actions, how- ever, the absence of an EAF will make it difficult to determine the rationale for a finding of non-significance by a lead agency and may lead to abuse. It is essential to require lead agencies to develop a record in all actions subject to SEQRA so that their discretionary de- ~erminati~s regarding the significance or non-significance of various actions can be scrutinized by the public. As a final point on this subject, Section 44-5(a) uses the phrase:"proposes to carry out directly." It is not clear to me what the Town means by this phrase, and I would suggest that it be clarified during today's hearing. Section 44-5(b) is unsatisfactory for many reasons. This section specifies that determinations of significance with regard to unlisted actions may be made in accordance with undefined procedures as established by the various lead agencies. This is unacceptable and each lead agency should follow the same procedures, and those procedures should be publicly identified. The absence of formalized procedures, even if they are simple, will lead to a situation where the. SEQRA revie~v will become after the fact or nonexistent. As I mentioned in paragraph A above, unlisted actions should require a short or long fomn EAF as part of the application rather thah making that form discretionary as currently specified in Section 44-5(b). Section 44-5(b) is the To~n~s attempt to specify the procedures it will follow in making its SEQRA review. The procedures are unclear, and I would suggest that they be revised as follows: 1. Have an environmental assessment form required 10 MR. HARDY (continued): ...for all applications for funding or permit approval; 2. The environmental assessment form and the applica- tion for fun~l~g or permit approval would then go to the lead agency as provided in Section 44-7 of the Town Law. A determination that the appli- cation is complete would be made at that time. If the EAF is deemed incomplete~ no statutory time period and the applicant would be required to provide more information; 3. After a determination, then an application is com- plete, the lead agency would then have 15 days to decide if the acgion was significant and therefore would require an Enviro~nental Impact Statement. 4. If an Environmental Impact Statement is required, the procedures provided in Part 617 would then be followed. If no Environ- mental Impact Statement is required and a determination of non-significance that decision should be formalized in some sort of statement of reasons which provide a basis for the determination of non-significance and which will provide a basis for scrutiny by interested persons should they disagree with the lead agency's dec%sion. The location of all determinations of non- aignificance in the Town files should be clar~ied, and I might even suggest that these decisions be published in the local newspaper so that interested persons can be apprised of the Town's SEQRA decision. I believe that the above four points would clarify the procedures to be followed by the Town in its SEQRA review and would lead to a more reasonable determination by making all procedures uniform, Section 44-6 of the Town's Local Law is generally accept- able with one caveat. While there is generally no objection to having the SEQRA review run concurrently with other Town reviews~ there is always the possibility that the Town will commit itself to a course of action prior to the completion _ the SEQRA review~ and therefore undercut the utility of the SEQRA review° There- fore, I would suggest an addition to Section 44-6 as follows: "No agency may approve or fund or grant a permit for any action subject to the provisions of this law, or commit itself to a final course of action~ until all reviews, determinations and other requirements of this law~ Part 617 of the NYCtLR, have been com- plied with." You might also consider the addition of a provision in this local law which would provide for penalties or the rejection of an application by the Town if it is determined that false information has been submitted on the EAF. False information will frequently be submitted so that developers and other applicants can avoid the requirements of an Environmental Impact Statement. Section 44-8 provides that the building inspector will act as a "clearinghonse" in the SEQRA review process. I would recommend that before any individual is given such discretionary authority~ that you be satisfied with the selection of that individual and the fairness with which he will uphold the SEQRA law. (_Twomey and Latham~ Esqs., Riverhead, New York.) 11 SUPERVISOR MARTOCCHIA: Thank your Mr. Hardy. You will make that available- Mit. HARDY: Yes. SUPERVISOR MARTOCCHIA: And we will incorporate that and review all of that~ the comments° And as we said before the Town can make things stricter~ and all those items will be taken into consideration before a final decision. Thank you very much for your input, MR, BEAR: May I just thank the Board for gi~ng us opportunity to speak with you and again we repeat our offer to be of help on working out this law. SUPERVISOR MARTOCCHIA: (Don~t be surprised if you get a call.) anyone else who wishes to speak on this hearing? Is there ~There was no response.) SUPERVISOR MARTOCCHIA: Is there anyone who wishes to speak in Opposition to it? For it? General comments? Has everyone had the opportunity to be heard that wishes to speak into this hearing? Hearing none~ we will close this hearingo Please submit your data to our steno. This hearing is closed and a determination will be made at the proper time. The hearing was declared closed at 4:03 P.M. Respectfully submitted, Linde F. Kowalski :Secretary 12 NOTICE OF., pUBLIC HEARING ON LOCAL LAW NOTICE"is hereby given that there has been presented tothe Town Board of the.Town of Southofd on' the 26_th day of December 1978, a Local Law entitled · i"A..Local. Law Providing for Environmental RevieW of Action, s in the.Town of Southold" as fallows: Be it ~enactadlby the Town Board of ~he T°wn of Southold. Section 44-i 'Chapter t4 of the Code';~o[~.,the Town Of S0uthold i, c6n,_qtituting .th~ Ewiro~men'tal ,Qualit.V Review.fLaw of' thfi'.,Towh of South01d, is hereby ~'epea!e.~t and reenacted 'to read? Section 44~2, The this local l'aw is .to i..fixpldmdnt '"-. for the Tmq.'n. Section 44-3,, ~ a, The ter~s and x~ord~, ui~'d in this local law: shall, hhYe .. the . same meaning ':ag 'such tbrms '.and words a:ce :defiined in Article,8 of the. Environmental Con- serve[ica La4,' and Part 61.7, unless the context toque,res a different meaning.. tbl The' followi, ng terms · shall" have the: following meaning · . (1) SEQR - the State En- vironmental. Quality Review Act as- ~et:forth in Article 8 of the Euv. ironmental Con- servati0n Law, - (2) Phrf 617: the rules hnd rcgula,fi0ns set forth in ~N¥Ca~ ~617: (3) EAF~ --Environmental Assessment Form: t4) ElS - Environmental Impact 'Statement; (5) Town - the TOWn of South01d. Section 44-4 No ac[ion, other than an exempt, excluded or Type II action, shall be carried out, approved or funded by any agency, board, body, or officer of the Town, unless it has complied with SEQR, Part 617 to the extent · applicable .and this local law. 'Section 44-5 (al An EAF shall be Ore¢ared by or on behalf of any agency, board, b0d~' or o£ficei' of the Town in connection with any 'lb,~pe I action such agency, board, b.0dy or officer contemplates. or proposes to Carry out directly. For an unlisted action an EAF in a short or 10rig form may be prepared to fn-cilitate a preliminary determination of en- vironmental significance. (b) An application for permit or funding of a Type I action shall be accompanied by an EAF, and for an unlisted ..: action may be aecomparfied by a short or long iform EAF as may be needed :to assist the. lead agency .in making a preliminary determination of e.nvironmental significance. An' applicant may.prepare a draft EIS to accompany .the' application .in place of the EAF, In lieu of an EAF the Town Board or a lead agency having authority to adopt .its own regulations maY adopt different procedure for reviewing environmental sigrificance-of unlisted ac- tions. The lead agency shall ) make a preliminary deter- mination of environmental. significance of the action of the basis of the EAF, draft. EIS or with respect to unlisied eluding one involving a permit a Town agency prepares an or funding shall be processed without further regard to SEQR, Part 617. or this law. (c) The time of filing an application for approval or funding of an action shall commence to run from the .date the preliminary deter: mination of environmental non-significance is rendered. or if in lieff of' an EAF the applicant prepares .a draft EIS. fi'mn the date the ap-. plicanl tiles a draft EIS ac- EIS on bel"-~f of an applicant, it may c. Je a fee for the cost of preparing including . publieati0n of notices, but not for the cost of professional 'review. . ~ Section 44-11 Critical areas · of environmental concern .'may be designated by 'resolution of the Tow~ Board. tn .accordance with Part 617.4(j). Section-44-12 This local law shall take effect.immediately. ;, Copies of such Local. Law -are available at the office of I~ing duly Sworn, 617.8. 617.9 and 617.10..ComZ meriting ',yith the acceptance' of the clcaft-EIS,~ the time limitafiori ::for processing, the EIS shall, ?un,: eOficuri:bntly with the time 'l:imitations applicable:'t0-processing the application for approval Or ., ceptable to ~the lead agenby Section 44-6. · ltl toe 'lean the Town Clerk for inspection agency determines that an . by and.distribution to any EIS is required, ii'~hali- /interest~ed person during proceed as provided :in Part '. buSinesS hours. NOTICE IS' FURTHER GIVEN that the Town Beard of the Town of Southold will ' t/old a public hearing on the : Moresaid Local Law at the .South0Id, Town Hall, . Main ~Road, Southold New York on 'the 23rd day of January 1979 ll~;t"l .............. 'iunding of the~action:, and a' at 3:30 P.M_. at which'time -- public hearing on.the draft and place all interested ElS. if any, shall be held ' :persons will be heard. ~ concurrently with'any hearing to be held on SUCh .application. The draft EIS shall be · . prepared by the applicant. Failure by the ao~licant to prepare an EIS acceptable to ' the lead agency shall, at the option of thetead agency, be deemed an abandonment and discontinuance of the ap- plication, section 44-7 The lead agency. shall be determined and designated as provided in Part 617.6 and 617.7, except that in the following Type I and urdisted, actions the lead agency shall, be as provided herein: ._ia) adoption, amendment or change in zoning regulations not requiring a federal or state agency permit or approval - the Town Board; (b) construction or ex- pansion of Town buildings, · structures and facilities within the Town not reqkiring a federal or state agency permit or approval - the Town Board; (c) variances and special -exceptions not-requiring a federal'or state agency 'permit .or approval - the Zoning Beard . of Appeals; ' - ' I d) pm'chasel sale'and lease - of real property by the. 'Town,. not requiring a federal Or state agency permit or approval -,.- the Town Board; ~e) planned unit develop-:' ment or cluster zoning not . requiring a federal or state. agency permit or approval - the:Town Planni_ng Board; . ~f) site plan review and special use · permit not requiring a federal or state agency permit.or.approval - the Town Planning Board; ' (gl construction or ex- pansion of nonresidential facility not requiring a federal or state agency permit or approval - the Building In- spector: th) parking lot not requiring a federal or state agency permit or, approval - the Building Inspector. Section 44-8 The' Building InspeCtor shall ac t as the town clearinghouse for lead agency designation. ' Such clearinghouse shall assist agencies and applicants to identify other agencies, in- cluding federal and state, that of the SUFFOI~K JG'reenport, in sa/d;,! !, -DATED: December 26, 1978 · ."~'.".".".'f~.; ............. BY ORDER~OF THE SOUTHOLD TOWN BOARD JUDITH T. TERRY TOWN CLERK '~'~ 1TJll-3130 ..~...//'"- ..... ~ .... ..... · actions in accordance with its may be involved in approving, ...... 6i,vn:Pr6cedUr~s; a~ ;the:-fia~se ~ ~ tcridir/gmq:atryifi~btit Type I · may be, and such other in- and unlisted actions. The formation it requires. Such determination shall be made within 15 days. of its designation as lead agency Or within 15 days of its receipt of all information 'it requires, whichever is later. For Type I actions, a determination of non-significance shall be noticed and filed as .provided '. fin Part 617.10(b); for unlisted actions a determination of non-significance shall be: sent'. 'to the applicant and main- mined in accordance with ' Part 617.7(e) and 617.10(f). .-After a determination of non- :s'igfii~{cb.h~;' ' 'th/5~ a/:fiofi Cfn-: clearinghOUse shall, also make recommendations on · the designation of a lead agency. Section 44-9 Environmental review of actions involvim, a federal agency shall be processed in accordance with Part 617_16. Section 44-10 The fees for' -review or preparations of an. ElS invoD,~ing an applicant for .' approval :or funding of..an. actionshall be fixed from time to time by a resolution of :the Town Board. It the applicant prepares the EIS, the Town __~nay.charge a fee lot actual e~Oens~ bf fYvi~,ing-~t~'but-if~ . ,: .i PUBLICHEARING ' ' , .. ',.'ONT. OCALLAW ' , ,;,:'. NOTICEis he::cbv given that tll~l'e been presented to the 'luwn Bourd ot' Ihe 'Jtn~n Snarllokl on Ihe 2~lh clav of December, Jg:& a local law entitled "A Local Law Ih'e- ~ifling J~r Environmunlal Re- view oJ' Actions in lhe 'l'n~ n oJ' Southold". aa {Jlle~ s: Be it en acted by I {lC Tu~ n ~na r~ of Linc ]'< ~r of Saalhold Code nj file 'J'ox~ n uJ' SOllihoJd, COllSlJLUlhl$ Tile I:nYJro~ntunlllJ quahb' Review ! awol', he I nfSouthold, i~ hcrehy ' l~llows: thc Jownot~oGLl~OlO )El)J{ dlhl ~arL (I I 7. Section /14-3 (at [he lea'ms and u (. tls used in J his local law ~hall have thc same nleanillg as 5rich lei'mil and Wol'd5 are deL'iued in Al'licle ~ of the EnvirollmClll al Law and Part 61~. unles~ conzexl ruquJrca .a dillS'ran: meaning. {bi The following terms ~hall hays IJlu Ibllm~ing meaning ~1) SE~R - Lhe Ntare Envh'onmenCal ~ualily Revie~ Act ua act lbrt h in Arriclc fi of th~ [.:nvironm~ln al Conservalhm Law; · (2) Pan 617 - Ihe t'nles and :, regttlalions sel forth in 6NYCRR .~ ~asessment For~; ;: :,::Iffip~er Statement; · F,', ;,Semon ~4-4 No action oth~ t' ,tl/~d~ an :exempt. excladed .~ 'l ~ pc II action, shall be carded OUl, approved or fimded by agency, board, body. or o['fieer of the I'own. u~lcas it h~s xqlh SI'{ R complied ' , -,) , Part61 mtheexleut applic~ b[e andt~[~ [OCli J [aw. Section-14-baa} An EA .'sba be prepared hv or on behalf ..... an? :agency. board, body o[fice~ of the 'lown in connec- t iun xn t ~ ~3' T3 pe I action such agency, board, hod3 or o~er conten~plarc~ ur pr~p0ses carry .on~ d;rectly. Eot an unlislu'd atlio, an EAF in; Mqorl or IOI[~ forlu nuly pre~aai-cd lO facili~alC ~ prclhT,. Jnal'y derel'mJnst Jori o~' ¢iWJl'C,r,. permn ~r l'~ndin~ of . T}'Oe I acjiOll ~hall be accompanied "?t~Cii6fi' may 1)d aecompaflied ~) %hort or ionR Jbrlu EAF a% n]a5, agency in ~pa& m g a prelim War detern'inalinn of envh'outne,~. iai Mgnificance. An apphc'~.t ids may prclmrc a draft ~ ' t,_, plac~ o{' ibc EAF. hi lieu ol an ":" ""' ':" ': .... '"' ;E OF NEW YORK "duPu'atfferell~ ' ' .... ,' may ! ' revle~-i6E "~',.' P dare for · h~:l ,tO -I -~ · rl~/~j. ' K.a,t a ~..~' ~*~,,,n~ ]he Potricio Wood, being duly sworn, soy~ thor she ~s the prelimina~3 'detcr,,marw,n Of THE LONG tS~ND T~VELER-WATCH~N, % ~.',,.)n .4 ,..-- ..ar, .... t .bh,: newspoper printed ~ Southold, in ~ffolk Count; h_..~hh:'ed~ . ~.:t,on, ;,, ]cc,'.r. Ihor the notice of which the onnexed is o printed copy, ~,. ,he,cd~c ma~ be md sd~h been published in ~id Long Islond Troveler-Wotch- , ... ',~1 ~ Ill b' I.:.r ?~c~,~rm.r;.,..,., .-.~ ,. , , , '. . - Sworn to ~fore ,..., ............... ~ ~'~ ( h~' ~r,',ccs~'d ~[ h~.uf ,, ~, ,'~r, iJh1"." k,caJ I.n~, ' ' ' ' ........... ~O~ ' ',,,',,el ~]1~ ~,r.',: ,)~ hl,r~ ~rl ',i'p~,ilc~ilor, l.]r appr,:., al o~ , Jle,,~n~Jlallll~r ~ ~lil J,~,y, ~., ~, , p epa,.e~[adral .E SIr, m Lie ~,.[., . ,:.'?h..', .':[. ,, ' d'cr ~;~' ~ ,~:J ; I ,' ;'' il' ( ", r . ~ I',- ' ..J ,,[ ~ppT,',~ ~1 ,',r .',J', '."~ ,t~ EiS. ' 'I.;L'~,I ., ' '.lib ,.~}~p~ ~[~a~ m khe theEIS, iheTownmayehargea I~pcll arm u,fl:~red fee for actual expenses ~ut:..~.,: ......... ,..r.~. ~, [ reviewing it. but if a Town aa~ ,., ,~,:-d I',ere]r,. ageqcy prepares an ElS on , , ,l, b,~,~p,.i~.,[, a[T,c-dmen[, behalf of an applicant, it may ,,l~.)Jl, Ztinzc,nl,i~l',~t, Jarh>n~ charge a fee for the cost of ~,,,~reqb ne~ oder, ,:, state preparing inclading publica- ~k'e/~,.'~ pc~ qnr',:,r apprm al · llle /ion of notices, but not for the ' ¢o t o . o e io.aX Seeti0n~-I l Cntma areasof ":~'-'~' ,,n e , -' -(r , . ,[, · I ~,, bufldl l~, -.rut environmental concern may be .~d, , ~ ~, :., ,,.,., ......i, .'e designated by reaolution of the h ,, :..,, i , ,, , · :. ,..,,', .i Town Board in accordance with · t, ,. c,,,' ~..,' ", 'Fs ~.. Part:617.4(j).' , I, ' lb' "d: Section ~4-12 This local law , ". ~, ' .I ,; 'l", .... shall take effect immediately, .,'~ p r, · ,',. ~ ,," : . · Copiesof, such Local Law ".v ," ~ ' /.~'A. I¢ , ': Town Clerk ~r inspe~ion , I Xi'-.~ , I c And distribution to any inter- ~.; · ~, ., . .... ~t, e~ed person'during business I, ", '4 r, ~ r,' '," · ~.~ ,l', :~hours. ' ' ' ~ NO~ICE IS FURTHER ' ,~ ,': ':' ':. i ' ' 4:: ..... ' ~ GlVENtfiat theTown Board of ', I, ' 6~..,;. ~ 'theTownofSOutholdwillholda · '~ =,; ,, , d ,~ ,,, .,-'~ ,', o- public hearing on th'e aforesaid : ., ~ l. , ~ ~ ~' .,, .L,c ~ LocalLawatehefioutholdTown :'c,,.~ ~. : .. ; ,r - , , Hall. Main Road. Southo]d, · "' ~ ['% "H ' ' "~' ' · " !'d" New York on the 23rd day of ' , ', Il ,:,,'. January, 1979 at 3:30 P.M., at il,,,..,.:'/,,. ~a,~ ,,, ,.. q I which time and place all ~n .... 'l,,. ,,,d~ ~, .,~, .,i.,: ~; Interested persons will he ,~ ...el ~. { ,,'; ' ,~ ' ,. ~ p. :'n heard. B.;., BY ORDEROFTHE ' "'P ' SOUTHOLD TOWNBOARD }U D ITH T. TERRY Town Clerk {g) construction or expan- sion of nonresidential facility .not requiring a federal or state agei~cy p~rmit 6r approval - the ~Buitding Inspector; lb) parking lot not re- q airing a federalor state agency permit or approval - the Buildir~g Inspector,, Section' 44-8 The Building Inspector shall act as the town el6~ringhoUse for lead agency designation_ Such ,clearing- house shall assist agencies and applicants to identify other agenc es, including federal and state..that may be involved m 'approving, funding or carrying our Type I and unlisted actions. The clearingbonse shall also make recommendations on the 'designation of alead agency, Section 44.9 Environmental rewew of actions involving a f~deral agency shall be pro- cessed in accordance with Part 617.]b. Section 44~10 The,:fees fo:r review or preparation of an ElS involving an ~applicant for ap,prov al or fu nding of an action shall be fixed from time io tiptoe by a resolution of the Town Board. If the applicant prepares NOTICE OF PUBLIC HEARING ON LOCAL LAW NOTICE is hereby given that there has been presented to the i Town Board of the Town of Southold on the 26~t~ day of Decembqr~ = 1978, a Local Law entitled "A Local Law Providing for Environmental Review of Actions in the Town of Southold", as follows: Be it enacted by the Town ]Board of the Tov~n of Southold. Section 44-1 Chapter 44 of the Code of the Tow~n of Southold, constituting- the Enviro~mental Quality Review Law of the Tov/n of $outhold, is hereby repealed and reenacted to read as follows: Section. 44-2 The purpose of this local la~ is to implement for the Town of Sout~old SEQR and Part 617. Section 44-3 (a) The terms and words used in this local' law shall have the san%e m~eaning as such terms and words are defined in Article 8 of the Environmental Conservation Lay/ and Pari 617, unless the context requires a different meaning. (b) The following terms shall have the following meaning (i) SEQR - the State Environmental Quali,ty Review Act as set forth in Article 8 of the Environmental Conservation (2) Part 617 - ~he rules and regulations set forth in 6N~YCRt% 617; . (3) EAF - F~nvironmental Assessment Form; (4)' EIS - Environmental Impact Statement;' (5). Town - the town of Southold. Section 44-4 _No action~ other than an exemp'~, excluded or Type II action, shall be carried out, approved or funded by any a~ency, board, body, or officer of the Toyota, unless it has complied with SEQ1R., Part 817 to the extent applicable and this local la-w. Section 44=5 (a) AnEAF sh[l! be prepared by or onbeha]f of any agency, board, body or officer of the Town in connection with any Type I action such a~ency, 'i !iPage 2 - Env,,~ronmental Review board, body or officer conten~p!a[es or proposes to cari~y out directly. For an un- ~,~L~ action an EAF in a short or long £orm ~ay be p~epared to ~acilitate a prelimin- ary determination of en~ronmenta! significance. (b) An application £or pera~it or fu~ding o~ a Type ~ ac~on shall be acco~{~_nied by an EAr, and for an unlisted action rnay be accompanied by a short or long form EAr as may be needed'to assis~ the lead agency in making a prelin~inary determination of environmerital significance. An applicant may prepare a draft EIS to accompany the application in place of tl~e EAr. In lieu of an EAr the Town Board or a lead agency hav%ng authority to adopt ils own regulations may adopt dnfe_ ent procedure for review- ina environmental significance of mnlisted actions. The lead agency shall make a prelim [nary determination of environmental significance of the action of the basis of the EAr, draf~ EtS or with respect to unlisted actions in accordance with its o-,'n procedures, as the case may be, and such other information it requires. Such determination shall · be made within 15 days of i~s designation as lead agency or within 15-days of its receipt of all information it requires, whichever is later. For Type I actions, a deterraination of non-~gn~f~can,~e shall be noticed and filed as provided ir, Part 617.10(b); for unlisted actions a determination of non-significance shall be sent to the applicant and maintained in accordance 'with Part 617.7(e) and 617.10(f). After a determination of non-significance, the action including one involving a permit or funding-shall be processed without further regard to SEQt%, Part 617 or this local law. (c) The time of filing an applicalion for approval or funding of an action sha]! comn~e~ce to run from the dale the preli~minary determination of environmental non- significance is rendered, or if in lieu of an ]DAF the applicant prepares a draft EIS, from the date the applicani filcs a draft EIS acceptable to the lead agency. Section 4-!-6 If the lead agency determines that an ElS is required, it shall proceed as provided in Part 617.8, 617.9 and 617.10. Commencing with the accept- ance of the draft EIS, the tinge ]in~itation for processing the EIS shall run concurrently '~vit.h the time limitations applicable to processing the application for approval or funding of the action, and a public hearing on the draf% ElS, if an3-, shall be held con- 'l Page 3 - Ehv~onmental Review _ cu.~'rently with any hearing to be held on such application. by the applicant. Failure by the.a~plicant to prepare an BIS acceptable to the lead" agency shall, at the option of the lead agency, be deemed an abandonment and discon- tinuance of. the application. Section 44-7 The lead agency shall be determined and designated as provided in Part 617.6 and 617.7, except that in the following Type I and unlisted actions the lead ag.choy shall be as provided herein: (a) adoption, amendment, or change in zoning regulations not requiring a federal or state agency permit or approval - the Town Board; (b) construction or expansion of Town buildings, structures and facilities within the Town not requiring a federal or state agency permit or approval - the Town I~oard; The draft BIS shall be prepared (c) variances and special exceptions not requiring a federal or state agency permit or approval - the Zoning Board of Appeals; (d) purchase, sale and lease of real property by the Town, not requiring a federal or state agency permit or approval - the Town Board; (e) planned unit development or cluster zoning not requiring a federal or state agency permit or approval - the Town Planning Board; (f) site plan review and special use permit not requiring a federal or state agency permit or approval - the Town Planning Board; · (g) construction or expansion of nonresidential facility not requiring a federal or state agency permit or approval - the Building inspector; (h) parking lot not requiring a federal 'or state agency permit or approval - the Building Inspector. Section 44-8 The Building Inspector shall act as the to~n clearinghouse for lead agency designation. Such clearinghouse shall assist agencies and applicants to identify other agencies, including federal and state, that may be involved in approviny, funding '.. or car'r~,ing~ out Type t and unlisted actions. The clea~-inghouse shall also naake recom- mendations on the designation of a lead agency. Page 4 - Env. 9nmental Review Section 44-9 Env'~ronmental review of actions involving a federal agency shall be processed in accordance ~th i°ar~ 617.16. Section 44-10 The fees for review or preparation of an ElS involving an applicant for approval or funding of an action shall be fixed from time t0 time by a resol,~gion of ,ne Town Board. If the applicant prepares the ElS, ~h_ To~.n may charge a fee for actual expenses of reviewing it, but if a Town agency prepares an ~.IS on behalf of an applicant, it may charge a fee for the cost of preparing including publicalion of notices, but not for the coat of professional review. Section 44-11 Critical areas of en~qronmental concern may be designated by resoiuzion of the Town Board in accordance with Part 617.4(j)i,. Section 44-12 This local law shall take effect immediately. I Copies of such Local Law are available at the office of the Town Clerk for inspection by and distribut!ion to any interested person during business hours. ; NOTICE IS FURTHER GIVEN that the Townl Board of the Town of Southold will hold a public hearin~ on thelaforesaid Local Law at the Southold Town Hall, Main Road, Southold, New York on the 23rd day of January, 1979 at 3:30 P.M., at which time and place all interested persons will be heard. DATED: December 26, 1978 BY ORDER OF THE SOUTHOLD TOWN BOARD. JUDITH T. TERRY ~TOWN CLERK PLEASE PUBLISH ONCE, JANUARY 11, 1978, AND :FORWARD ONE AFFID.AVIT OF PUBLICATION TO JUDITH T. TERR~, TOWN CLEiRI<, MAIN ROAD, SOUTHOLD, NEW YORK 11971. Copies to the following on December 27, 1978: The Suffolk Times The Long Island Traveler-Watchman, Inc.