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HomeMy WebLinkAboutPDF Letter to Goggins re Cardinale fees 2-22-2019 BOARD MEMBERS pF 5aG Southold Town Hall Leslie Kanes Weisman,Chairperson �o Tula 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora - Office Lion: Eric Dantes U, Town Annex/First Floor, Robert Lehnert,Jr. yo 54375 Main Road(at Youngs Avenue) Nicholas Planamento ��►�C�lul Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631) 765-1809 9 Fax(631) 765-9064 February 22, 2019 William Goggins Attorney at Law 13235 Main Road Mattituck, NY 11952 RE: Special Exception and Area Variance Applications 9025 Main Road, LLC-Cardinale 9025 Main Road, Mattituck SCTM No. 122-6-22.1 Dear Mr. Goggins; I am writing as a follow-up to the Work Session held on February 21, 2019, where the members of the Zoning Board discussed the above referenced application. Due to the scope and cumulative impact assessment required to review your client's project, the Zoning Board of Appeals has requested Nelson, Pope and Voorhis, LLC (NP&V) to provide assistance with the review of the project pursuant to the State Environmental Quality Review Act (SEQRA). In addition, the Zoning Board has accepted the attached proposal identifying the scope of services and fee estimates. Please submit a check in the amount of$30,000.00 as the initial deposit to fund environmental services provided by Nelson, Pope and Voorhis, LLC. The funds will be held in escrow by the Town and will be used to pay Nelson, Pope and Voorhis, LLC for services rendered. Also, keep in mind that more information from your applicant will likely be needed in order complete the SEQRA process. If you have any questions or concerns, please do not hesitate to contact me at 631-765-1809 or email kilnCd-southoldtownny.gov. Sincerely, Kim E. Fuentes Board Assistant Enclosure: NP&V Proposal for Environmental Review dated February 15, 2019 NELSON, POPE 6 VOORHIS, LLC - ��� ENVIRONMENTAL • PLANNING CONSULTING vvvvw.nelsonpopevoorhis.gor-H February 15,2019 Zoning Board of Appeals c/o Ms. Kim E. Fuentes, Board Assistant Town of Southold 53095 Main Road, P.O. Box 1179 Southold, NY 11971-0959 RE; Proposal for Environmental Review Special Exception Use Permit&Variances 200-Room Hotel, 9025 Main Road, Mattituck SCTM#1000-122-6-22.1 Dear Ms. Fuentes: Pursuant to our on-call contract for State Environmental Quality Review Act (SEQRA) review of Special Exception Applications, Nelson, Pope & Voorhis, LLC (NP&V) is pleased to submit the accompanying scope of services and budget to the Town of Southold Zoning Board of Appeals for a proposed 200-room hotel located at 9025 Main Road in Mattituck. Based on our initial review of the materials provided by your office, NP&V has identified the following tasks and fee estimates for your consideration. Task 1: Initial Application Review To begin the SEQRA review, the NP&V team will review in detail,the proposed plans and application materials, Environmental Assessment Form (EAF) Part I, LWRP and Agricultural Forms, and other associated materials for accuracy and completeness. If the Part I EAF requires corrections, NP&V will alert the ZBA and applicant in writing as to the necessary changes. Fee: Time Rates Budget:$2,500 Task 2: SEQRA Classification,Coordination&Administration NP&V will assist the Board in determining the SEQRA classification of the action and the need for coordinated review for the action and provide a list of involved agencies for coordination. We will also assist the Board in preparing necessary resolution(s), administrative notices and filings pursuant to 6 NYCRR Part 617 requirements. Fee: $1,500 200-Room Hotel 9025 Main Road,Mattituck SEQRA Review of Special Exception Use Permit&Variance Applications Task 3: Prepare EAF Part 2 NP&V will perform a comprehensive technical assessment/substantive review of the applicant's proposed project to determine the potential areas of impact, and prepare a Part II EAF. Fee: $800 Task 4: Technical Analysis and Recommendations NP&V will coordinate with the Board, the ZBA attorney, Town technical staff, and other involved agencies with permitting authority to discuss the details of the proposed project, and discuss concerns and assist in identification of necessary analysis and mitigation options, as necessary. Based on the input received, and NP&V team's professional review of the project, we will conduct a Technical Environmental Planning Analysis to review the overall project and provide information to be used in rendering a determination of significance. The Analysis will include an overview of environmental and planning issues with emphasis on those that are determined to be important based on the tasks above, and will include recommendations/finding on potential impacts that have been identified as moderate to large. If necessary, a comment letter and/or recommendations for requests for additional information from the applicant will be prepared in letter form. Based on the content of information resubmitted by the applicant, additional follow up may be necessary to address any open issues of the Board, involved agencies or professional staff. Fee: Time Rates Budget:$5,000 Task 5: EAF Part 3 and SEQRA Determination of Significance Based on the SEQRA record established in the Tasks above, NP&V will prepare a Part 3 EAF outlining the findings of the SEQRA Review and a SEQRA Determination of Significance. The draft documents will be reviewed and discussed with the ZBA and ZBA attorney and revised as necessary for finalization. Fee: $1,500 Task 6: DEIS Scope If the ZBA determines that the Proposed Action may result in one or more significant adverse environmental impacts and that an Environmental Impact Statement ("EIS") is necessary, NP&V will review the draft scope of the DEIS (submitted by the applicant), and make any necessary updates/amendments prior to publicly posting and circulating it with the Positive Declaration to all involved agencies. NP&V will work with the Town to ensure the draft scope is posted to the Town's website and prepare the Notice of Public Scoping. Following the public comment period and public scoping session, NP&V will review all comments received and make the necessary changes to the draft scope/finalize and ensure the Final Scope is 'd�5�/v r�CPE F�"fCWr.S 200-Room Hotel 9025 Main Road,Mattituck SEQRA Review of Special Exception Use Permit&Variance Applications compliant with SEQRA Regulations 617.8. Upon finalization of the scope, NP&V will circulate the final scope to involved parties and ensure the final scope is provided to the Board/made publically available. Fee: Time Rates Budget:$4,000.00 Task 7: Public Scoping Session If the ZBA determines that an EIS is required, public scoping is now required. This can be conducted in a public session to receive verbal comments from the community, as well as the required written comment period. NP&V will prepare an introductory statement for the ZBA providing instructions for the scoping meeting if a public session is scheduled by the Board. Additionally, NP&V will meet with the ZBA to review the draft scope, discuss any comments the Board may have and attend the public scoping meeting. Fee: Time Rates Budget:$2,000.00 Task 8: Preliminary DEIS Completion Review If an EIS is required, the Applicant is responsible for preparing the EIS in accordance with the adopted Scoping Outline. NP&V would review the DEIS ("DEIS") that is submitted by the Applicant to determine whether it is adequate with respect to its scope and content for purposes of commencing public review. This does not mean that the Town and agencies have determined that the impacts and mitigation measures are acceptable. It merely means that there is sufficient information for it to be reviewed, and to be able to make substantive comments on the data and information presented. The primary purpose of the "completeness" stage of review is to determine if the DEIS is adequate in terms of its scope and content for commencing public review. NP&V would review the DEIS for consistency with the content requirements of the adopted Final Scope for the subject action and will ensure that all required items have been submitted,that all topics required to be addressed are fully assessed, and that all requisite supporting information and documentation are provided. The DEIS will also be evaluated for consistency with the standards and specifications outlined under 6 NYCRR, Part 617 (SEAR), Section 617.9(b), "Environmental impact statement content," to ensure that the DEIS is consistent with the purpose, intent and required minimum content requirements of SEQRA. This phase of project review will ensure that the EIS contains relevant and material facts from which the Board and any other involved agencies may render decisions relating to the subject action;that the DEIS document is analytic rather than encyclopedic;that the document is clearly and concisely written in plain language so that it can be easily understood by the general public; that identified potential adverse impacts are fully examined; that highly technical materials are summarized and essential graphics, figures, data, tables and appendices are provided; and that the document contains all of the sections, materials and reviews required by SEQRA. NC--L'' PC3-E(. PO5 LLC . AN EN�M1�CNvENTnL R4NNiNG.137�F-.�L.L Tifu3 200-Room Hotel 9025 Main Road,Mattituck SEQRA Review of Special Exception Use Permit&Variance Applications After completion of the above described completeness review, NP&V will prepare a clear and concise written report identifying all deficiencies and omissions relating to the scope and content of the DEIS which clearly identifies the information, data, plans, analyses,figures/graphics, etc.that are missing. NP&V will then submit the completeness report along with its recommendation to the Board for its review and consideration. If necessary, and depending on whether or not the preliminary DEIS is deemed complete, the Applicant may be required to revise the preliminary DEIS document, and submit a revised draft to the Zoning Board for additional completeness review. Since the number of review rounds is dependent on the quality of the Applicant's responses/resubmissions, a budget range is provided below. NP&V will be available to attend Zoning Board meetings at which SEQRA completion is discussed. Fee: Time Rates Budget Range:$12,000.00-$20,000.00 Task 9: Notice of Completion of DEIS Once the Zoning Board, as Lead Agency, issues a determination of completeness of any DEIS, NP&V would then prepare a Notice of Completion/Public Hearing to be circulated to all involved and interested agencies. We would also ensure that it is published in the Environmental Notice Bulletin ("ENB"). A minimum 30-day public comment period is required to allow the public to review the contents of the DEIS. Fee: Time Rates Budget:$800.00 Task 10: Public Hearing Although optional, NP&V anticipates that the Board will hold at least one public hearing on the DEIS to solicit public comment. The Zoning Board may gauge the need for additional public hearing(s) based on public participation and interest expressed during the Scoping Session. This proposal anticipates that NP&V would attend at least (1) public hearing on the DEIS. It should be noted that the SEQRA regulations recommend that the SEQRA process, including meetings and hearings, be held concurrently with any other meetings or hearings required on the proposed action. Fee: Time Rates Budget:$2,000.00 Task 11: DEIS Substantive Review/Compilation of Comments NP&V will compile and review all comments received by involved/interested agencies and the public during the public comment period. NP&V will also be responsible for reviewing the substance of the DEIS, and issuing substantive comments that will need to be addressed in a final Environmental Impact Statement ("FEIS"). NP&V will perform a comprehensive technical assessment/substantive review of the document. The purpose of this stage of review is to determine whether the DEIS adequately addresses identified concerns; uses appropriate methodologies and technical analyses to properly determine and evaluate existing and proposed conditions and potential impacts; relies upon appropriate resources and meaningful data, and that the conclusions stemming from the k�1�i11 �T:SCJ;PCY E r'VDC-w,S ��L i NV�.�--jL JTLI . F�AfVf�IfV,�.L�Y"+SL_ll I A:: 200-Room Hotel 9025 Main Road,Mattituck SEQRA Review of Special Exception Use Permit&Variance Applications evaluations and the suitability of proposed impact avoidance and mitigation strategies are valid, reasonable, effective, and provide the greatest benefit possible and fulfills the requirements of SEQRA and the purpose and intent of the Final Scope. NP&V will perform an independent technical evaluation of the DEIS by examining available data, reports, studies, correspondences, photographs, figures and other essential materials, and assessing the accuracy and overall quality of review and consistency with standard scientific, planning and engineering principles and practices. The techniques, methodologies and resources used by the applicant in determining present conditions and evaluating potential effects of the proposed development will be reviewed and incomplete or unsubstantiated conclusions will be identified. NP&V will determine whether all potential significant impacts have been identified, assess the relative magnitude of each identified impact, and examine the proposed impact avoidance and mitigation strategies to ensure they are appropriate for addressing specific concerns. The results of the substantive review will be summarized in a report which will be used by the Board and other involved agencies to ultimately support (after Final EIS and Findings Statement stages) a conclusion that the project shall either proceed as proposed, be modified or provide additional mitigation to avoid any unnecessary and improperly mitigated environmental impacts, or whether the project cannot be suitably mitigated for the Board to support and approve the project as proposed. We anticipate coordinating the substantive comment review process with the Applicant, to ensure all substantive comments raised by all agencies and the public are addressed.To that end, we would work with the Applicant to develop a complete list of comments according to topic and listed by commentator, prior to the Applicant developing responses to the comments in the FEIS. Fee: Time Rates Budget Range:$10,000.00-$15,000.00 Task 12: Final EIS (FEIS) Task 12A: HIS Completeness Review The need for a FEIS depends on the DEIS substance and comments made on it, should one be required. If the DEIS concludes that there will be no significant impacts, and public comments support this conclusion,then the Town Zoning Board does not have to prepare a FEIS and may adopt a Negative Declaration instead. It is important to note that the FEIS, if prepared, is the Lead Agency's document. As stated in the regulations implementing SEQRA,the Lead Agency is responsible for the ade uacy anti accuracy of the FE15, regardless of who Prepares it. We anticipate that if a DEIS is required that an FEIS will be prepared. The FEIS would identify the substantive comments raised during the comment process and provide written responses to these comments in the preliminary FEIS. NP&V will review the preliminary FEIS submitted to the Board for its review. Based on the adequacy of the comments, the Applicant may be required to revise the preliminary FEIS document, and submit a revised FEIS for review. NP&V anticipates that it will attend at least one (1) meeting to review and discuss the content of the preliminary FEIS, and will attend subsequent meetings as necessary. Fee: Time Rates Budget Range:$10,000.00-$15,000.00 Ilir it 200-Room Hotel 9025 Main Road,Mattituck SEQRA Review of Special Exception Use Permit&Variance Applications Task 126: Editing and/or Rewriting the FEIS for the Lead Agency(if necessary) If the FEIS prepared by the Applicant is significantly deficient, the Zoning Board has the option to prepare the FEIS. NP&V will edit and re-write as necessary the FEIS to address necessary impacts and mitigation issues based on the input of the Board, the Board's attorney and involved/interested agencies. Fee: Time Rates Budget Range:$3,000.00-$10,000.00 Task 12C: Preparation of Final EIS, (if necessary) If requested by the Board, NP&V can prepare the FEIS based on a transcript of public hearings and written comments received by the Lead Agency. The Final EIS will be prepared to respond to all comments made during public hearings and any written comments received during the comment period. We will coordinate with the Board as necessary in work sessions to address any concerns, and work with the Board for acceptance of document. Fee: Time Rates Budget Range:$12,000.00-$18,000.00 Task 13: Notice of Completion/Prepare Findings Statement Upon the Board's acceptance of the FEIS as complete, NP&V would prepare a Notice of Completion on the FEIS to file with all involved and interested agencies. NP&V would then prepare any notices and file same with the Environmental Notice Bulletin. NP&V will draft a Findings Statement that must be adopted prior to the Zoning Board's rendering a decision on the site plan, if an EIS is required. The Findings Statement is a summary document prepared by the Lead Agency that acknowledges that it has considered the relevant environmental impacts presented in the EIS, weighed and balanced them with social, economic and other essential considerations, provides a rationale for the Lead Agency's decision and certifies that the SEQRA requirements have been met. The Lead Agency may adopt the Findings Statement on the same evening it renders a decision. If requested, we will be available to attend the public meeting at which the Zoning Board adopts the Findings Statement and makes its decision. Fee: Time Rates Budget:$5,000.00 Based on the scope of services and budget identified herein, it is suggested that the Zoning Board of Appeals request for the applicant to submit a deposit of$30,000.00 to be held in escrow for the DEIS scoping, review of the DEIS and public hearing on the EIS. Based on the extent of public comments received, a second escrow deposit can be estimated for the completion of the FEIS review. 200-Room Hotel 9025 Main Road,Mattituck SEQRA Review of Special Exception Use Permit&Variance Applications We look forward to continuing work with the Board on the review of this application. If you have any questions or concerns regarding this proposal, please do not hesitate to contact me. Yours truly, NELSON,POPE&VOORHIS,LLC Carrie L. O'Farrell,AICP Senior Partner/Division Manager NR--&.�V P. P. "r •.L NT L" i-M1 NTL-�+f.�Mlti