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HomeMy WebLinkAboutTB-05/02/1977SOUTHOLD TOWN BOARD May 2, 1977 A regular meeting of the Southold Town Board was held on Monday, May 2, 1977 at the Southold Town Hall, Main Road, Southold, New York. Supervisor Martocchia opened the meeting at 9:00 A.M. with the following present: Supervisor Albert M. Martocchia ~ . Councilman James H. Rich, Jr. ~ . Councilman James Homan Justice Martin Suter Justice Louis M. Demarest Town Attorney Robert W. Tasker ToWn. Clerk Judith T. Terry Absent: Justice Francais T. Doyen Supervisor.Martocchia stated the purpose of this meeting is to discuss and review the New York State Environmental Quality Review Law. The Board will take some time to study a proposed local law during a recess, then reconvene and possibly set a public hearing on the proposed local law. On motion of Justice Suter, seconded by Councilman Homan, it was RESOLUED-that the Board accept for study a proposed local law:. "A Local Law pursuant to Article 8 of the New York Environmental Conser- vation Law providing for environmm~tal quality review of actions which may have a significant effect on the environment." Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman Rich, Councilman Homan, Justice-Suter, Justice Demarest. This resolution was declared duly adopted. On. motiQn of Councilman Homan, seconded by Justice Demarest, it was RESOLVED that the Town Board of the Town of Southold-request th~~ Southold Town Trustees to close Town Creek~ Southold and Dam Pond, East. Marion, for a period of 30 days, commencing May 10, 1977 for the purpose of implementing the clam transplan~ program. Opening date to be upon Department of, Environmental Conservation approval. Vote of t~e Town Board: Ayes: Supervisor Martocchia,Councilman Rich, Councilman Homan, Justice Suter, Justice Demarest. This resolution was declared, duly adopted. On motion of Councilman H~man; seconded by Councilman Rich, it was RESOLVED that a recess be called at 9:30 A.M. for one hour; meeting to reconveneat t0~30 A.M. Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman Rich, Councilman Homart, Justice Suter, Justice~Demarest. This resottuion'was declared duly adopted. Meeting reconvened at 10:55 A.M. On motion of Councilman Rich, seconded by Justice Demarest, it was RESOLVED that~the Town Board of the-Town of Southold.will hold~a public he&ring at the Southotd Town Hall, Main Road, Southold, New York on the 19th day~ of:May, 1977 at 7:30 P.M~ at, which time and place all interested persons wil~ be given an opportunity to be.heard upon the~ following Matter: "~ Local Law pursuant to Ariicle 8-of the New York Environmental Conservation Law providing- for.-environmsntal~ quality review of. actions which may have~a significant effect~ on the environment," which reads as foTlows-: BE IT ENACTED by the Town Board of the Town of Southold as follows: ~he code of the Town ~f Southold is hereby amended by adding a new Chapter thereto to be Chapter 44, to read as follows: Section 44-1 Title This Chapter shall be known and may be cited as the 'Environmental Quality Review Law of the Town ef~South~ld" Sec. 44-2 Definitions (a) "Rules" mean Part 617 of Title 6 of the Codes, Rules and Regilations of the State of New York,~dopted by the Commissioner of Environmental Conservation. (b) "Town" means the Town of Southold. (c) "Town Agency" means any department, board, commission, officer or employee of the Town?~f S6utho~d. (d) ~Except.,as otherwise, pr0vide~ in this section, or'unless the context otherwise requires~ the words ,~ and phrases used in this Chapter shall, for the purposes of this Chapter, have the meanings respectively ascribed~to them by Article~8 .... of the Environmental Conservation Law and Part'617 of Title 6 of the Codes, Rules and Regulations' of-the-State of New~.York (NYCRR). Sec.44-3 Compliance- No decision to carry out or.approve an action, other than an action listed in Section~44-4~ (b) 'hereof or Section 617.12 of the Rules as Type II Action, shall be made by a Town Agency until there has been full compliance with'~all, requirements.of this Chapter and the Rules, provided, however, that nothing herein shall be construed as prohibiting: (a) the conducting of contemporaneous environmental, engineering, economic feasibility of~ether studies'~and preliminary. planning abd budgetary processes necessary to the formulation of a proposal for action~which~do-not commit-the Town to approve,%commence, or engage in~such-.ac~ion,.or~ (b) the'-granting~of any part of an appli- cation which relates only to technical specifications and-requirements, provided that no suc~ partial approval shall entitle or permit the ~ applicant to commence the action until all requirements of this Chapter and the Rules have been fulfilled. Sec. 44-4 Types of Actions (a) Consistent with the Rules and' the criteria therein, the actions listed in 617.12 of the Rules as'Type I actions, are likely to have a significant effect on the environment. (b) Consistent with the Rules and the criteria~therein, the actions ~isted in Section 617.12 of the Rules as ...... Type II-actions, are deemed no~ to have a significant effect on~the ~ environment~ Sec. 44~5 statement of Environmental Significance. ~ For the purpose off,assisting in the determination of whether an action may or will not have a significant effect on the environment,~applicants for permits or other approvals shall file a written statement with the Town Agency haVing--jurisdiction~setting forth the name. of the ~applicant, the lo~ation of the real property affected, if any, -a~description..~f~ the nature of the propesed action; and the effect it may hav~ on the environment. In addition, the applicant may include a detailed s~ate- ment of the reasons"why, in applica~t.'s view, a proposed action'~may or will n6t have a significant effect~on the environment. ~If the action involves an-apptication,-the statement shall be filed simultaneously with the application for the action. The statement required ~ herein shall be upon a form~prescribed by the Town and~shall -contain~ such additional relevant information as may be required. Such state- ment shall be- accempanied~by drawings, sketches, and maps, if any, together with any other relevant~explanatory material~required by/the~. Town Agency. Sec. 44-6 Netice ~f completion o~Statement - Uppn receipt of a complete application and a ~statement, the Town Agency shall cause a nOtic~ thereof to be posted on~ the Town Clerk~.s signboard and may also cause such~notice to-be published in the ...... official Town newspaper describing the nature of the proposed action and stating that written views therein~of any~person shall be received by the Town Agency no later than a date specified in such ....... notice. Sec. 44-7 Determination of-Environmental Significance (a) The Town. Agency Shall render a written determination on such' application within-15 days following receipt of a c~mplete application and statement , provided, however, that such period may be extended by mutual agreementor the applicant, and the Town Agency. The d~mination shall-state whether such proposed action may or will not have a significant effect on the environment. The Town Agency ma~ hold~ informal meetings with the applicant and may meet~with and~ consult any other person for the purpose of aiding it in making a determination on the application. (b) the ~ime limitations provided herein sh~tl~be Coordinated~with, to the extent practicable, other ,time limitations provided by law, rule o~ regulation of the Town. Sec.- 4~4-8 ~ocedure After Determination (a) If the Town Agency determines that the proposed action will not have a significant effect on~ the snvironment, the Town Agency shall prepare,~file and circulate such determination, as required~by Section 627.7 (b) of the Rules and thereafter?the propossd action-may be processed-without further reg~rd~to~this chapter. (b)~ If the Town Agency~det~mines that' the proposed action'~a~ h~ve a ~ignificant effect On the environment, it shall prepare f~ah~-~Circutate such determination as required by Section 6t7.7 (b) of~R~es and thereafter the proposed ac~on shall be reviewed and processed>in ~c~ordance with the provisions of thls'~Chapter an~ the Rules. Sec. 44~9 Preparati6n 0f Draft Environmental Impact StatementL F~llowing a determination that. a p~oposed action may have a significant effect on the environment, the Town,Agency shall, in accordance with the provisions of the~Rules: (a) In the ~case of an action in~01ving an applicant, immediately.notify the applicant of the determination and request the applicant to prepare a draft environmental impact statement. (b) In the case of~an action not~involVing an applicant, prepare or cause to be prepared a draft environmental impact statement. (c) If the applicant decides not tO-submit a draft environmental impact statement, the Town Agency shall prepare or cause such s~atement to ~e prepared, in its discretiOn,, notify the applicant that by reason ~of applicant's decision not to submit such s~atement, that his application is deemed to be withd~rawn~and no further action will be taken thereon. The Town Agency may require appl~icant to submit fee to defray the expense of the prepa~atio~ and/or-~eview Of such statement. Sec. 44-10 - Notice of Completion 0f~Draf~ Envir~hme~al Impact Statement - (a) Upon completion of a draf't environmental impact statement prepared by or at the request of the Town Agency,~ a~Notice 6f C~mpletion cen~tai~ihg ~he information specified in Section ~617~7 (d) of'the Rules shall b~ prep&red, -filed an~ cir~u~a'ted'as~ provided'in Section ~17.7 (e)-~and (f)'~Of the Rules. I.n.a~dd~ion, such notice shall.be published-in the official Town newspaper ~nd ~a copy~thereDf posted on-the ~Town' Clerk's signboard. ~ Copies-Off:the:draft env~ronmentat-impac~ ~t~tement and'~the Notice of Comple~i~n~hall be fiIed~, :sent a~d.made available.ask'required by Section ~1~¥~7 (e)~and (f) ~Of'the ~ul~.s~~ ?(b} In~%he event that t~e Town.~Agency/deter.m~es' %hat~a pubIic hearing~shalt be~'held ~ a draft en~i-r~nme~tal i~pa~¢t statem~nt,'~ n6ti-ce therefo shall~be filed, cir¢~t~t:ed-a-nd-s.en%'~in the~s~me manner,~s ~he No~ice.~of~ComPletion~- and sha~l~'pu~l.i~h~ed~i~he official-Town heWspaper~at--least Ten day~'prio~ t~.suc~pu~lic hearing~ Such~notice shall also-state-the plac~h~re S~bs~a~i~e written comments on ~.the ~d~t oenvi~onmentat ~ impca~ s~at~m'~nt may ~e sen~t ~nd ~h.e -date ~before wh,ich -such -.comments shal~b~-, red~ived.- ·The ~e~r~g s~a~t '~6mmen~ ~o bess .~han 15 ~-calendar day~ '~Or-.~or~,~than 6.0 ealend~r days of the fi~ing of the ~draft ~eh~i~on- mental ~imP~c~ '-statement, unless the Town'Agency de%e'rmines .that- additional' .t~ime is necessary fo~ th~ public~or '~ther agency ~eview of-the~dra~,envlo~o~menta~ impac~ s~tatemeR-t~.or ~whe~e a~different hearing date is required asrapp~oPriate ,under other-applicable law. Sec. 44~ll~-3'Dete~mination 'on ~raf~t Environmental Impact Statement If on the bas~i~ ~f a draf~ ~nvi~onmental impact sdatement-or~a ~ub~ic hearing thereon the Town A~ency dete~mines that an acti0n3will~not- have a significant effect on the environment, the proposed action may be pro~ceSse~'~wi~hou~-fu?rther regard-~to ~th'f~Chapt~; ~-Sec. 44-12 Prepa~r~t~ion~Of'Final,En~i~ohmentai I~pa~t-Statement-~The Town Agency - shall prepare ~r~'-daUse..-tO ~e p,repa~d,' or ~i~ec%~the-applican.t to prepare~h~inal e~vir.onm~ntal impac%.-statemen~. -'SuCh final environment%at- -impact statement~ ?sha~t.t~b~ 'p~epa~ed ~witbih.%~5 d~ays '-efter the clo~Se Of any ~'~a~ing-6r ~ith~60~'d~yS ~fte~ ~he.f~l~i~g of ~the draft environ~n~a t impact S ta t~ht., -whfchev~r la,st ~dc~rs. withstanding the foregoing,~-the Town Agency may ~ex~t~d ~s'uch when necessary to adequately complete the statement, or where Problems i~en~i~i~with'~ ~he -propo~ed ~ction ~require '-~ate~ia'~ -re~6 ns~d~ra~ion- ~r mod~-f~d~ti~n~- -seb. ~t3 ~Notice of COmpletion ~o'f Final Environ- mental Impact Statement - A Notice of Completion of Final Environmental Impaq~ S~atemen:~,~shall ~e prepared, filed a~d' sent'in-the s~e manner as p~ide~S~ction 4~-~© h~reof..a-nd shall be sent 'to all persons to whom3 the Noti'~e of Completion ~of~the' draft environmental-.impac~, -~ ~a~eme~ was se~t._ ~opi-es of:.~the final en~-ironmenta~ impa~t~ : ~'- sta~e~_ ent sha~l ~e. f,iled- .and. m~de ava~i~a~l~e for< review, i~n~ the same manner as the draft environmen~tal ~pact-s~a~ement .... Sec~44~14~ - Determinati~n. on~Fina~l~,Environmental Impact Statement - No de¢is.ion to carry out or~.approv~ an action which.~has been the subj~ct~of a final environmental, impact statement by a Town Agency or by any other agen~.~hall~e made untilafter the filing and consideration of the final environmental impact statement. Where the Town Agency has been the lead~,agen~Y for an,action, it shall~.make a decision whether or not~ to appr0ve the action-.within 30 days.~of the filing~ of the final environmental impact statement. Sec. 44-15-Preparation of F~ndings. - When the Town Agency decides to carry out~or~ approve an action which may have a significant effect on the envir~onment; it shalt make the f~tLowing findings in a written determination: (a~ coqsistent with social, economic and~o%ker essential considerations of state~RQlicy,~ ~O the maximum extent practicable, fr~m among the reasonable alternatives thereto, the action to be carried out or approved is one whic~ minimizes-or avoids adverse environmental effects, including ~the effects disclosed in the relevant environmental impact.statement, and (~b) -all practicable means will be, taken in ca~uyi~g eu~-or approving the action to m~nimize or avoid-adverse- environmental effeets. Sec. 44-16~ Filing Findings - For public informatign p~rposes, a copy of the determination-shall be filed a~d made ~available a~ provid~d.by,~the Rules. S~c.-44-17 - Public inspectioq of Files ,The Town shall maintain files open for public inspection of all Notices of Completion, ~raft and final environmental impact-_statem~nts~ an~ ~r~itten ~eterminations prepared or caused to be prepared by a Town Agency. Sec. 44-18 - Actions Invol~ing More than One Agency-- Where more ~than one agency or. department is involved in ~ action, the procedures to Sections 617~4 and 617.8 of ~he Rules~,shall be.~q~lowed. Se'q~. 44-19 - Actions Exempt,- Ac%ions undertaken or appro~gdyprior to the dates specified in Article 8~-~if the-E~viron- mental Conservation La3 for local .agencies shall be exempt from- this local law and ~the provision.s,of :Article-8 of thee,Environmental Conservation La~ and~the Rules, provided, however,, that if.~after such dates a Town Agenc~ modifies,an action ~uneertaken or-approved pr~or~to,that-date and such agency~determines that the modification may have a significant adverse effect on the environment, s~ch modification shal! .began action subject to this local.law and Part ~617 of-Title 6 ~.Y.C.R.R. Sec. 44-20 - Fees - Where an action subject to this Chapter~invol~es an applicant, ~a~fee shall be paid ~o the Town-to defray the costs of preparing and reviewing environmental statements. Such fee should be ink,he amount, of the actual costs to the Town as det.ermined by the Town-Agency having jurisdiction proyided, however, that such fees shall not exceed one-half of one percent of the action's total cost to the applicant.. Sec. 44-21 - This local law sha~ll take effect immediately. Vote of the Town Board~Ayes~~ Supervisor Martocchia, Councilman Rich,. Councilman Homan, Justice Surer.,-Justice Demares%. This resolution was declared duly adopted. On motion of Justice Demarest, seconded by Justice Su~er, it was RESOLVED that.the firm of Smith, ~Finkelstein, Lundberg .and Yakabowski be and they hereby are:retained 'as at%ornies to .represent the Town of Southold in the suit brought~ bY A.B. Rosenberg against Howard~M. Terry,,--Building~Inspector and the Town of Southold. Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman Rich, .Cou~._ilm~n H~a~an, Justice ~Suter, Justice Demarest. This resolution was declared duly adopted., ~ Justice Surer stated that the plants delivered.to each department at the Town Hall are courteousy of Mr. Fred Jens, Mattituck Greenhouses. 233 Justice Suter also stated for the record t~ t Justice Francais Doyen would like to have attended this first meeting at the new Southold Town Hall but ~s confined to the hospital. On motion of Justice Demarest, seconded by Councioman Homan, it was RESOLEED that this Town Board meeting be adjourned at 1t:00 A.M. Vote of the Town Board~.Ayes~.Superviso~ Martocchia, Councilman Rich, Councilman Homan, Justice Suter, Justice Dema~est. This resolution was declared duly adopted. Judith T. Terry .Town.Clerk