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HomeMy WebLinkAboutLL 2004 #14SEQR 617.20 Appendix A State Environmental Quality Review FULL ENVIRONMENTAL ASSESSMENT FORM Purpose: The full EAF is designed to help applicants and agencies determine, in an orderly manner, whether a project or action may be significant. The question of whether an action may be significant is not always easy to answer. Frequently, there are aspects of a project that are subjective or unmeasurable, it is also understood that those who determine significance may have little or no formal knowledge of the environment or may not be technically expert in environmental analysis. In addition, many who have knowledge in one particular area may not be aware of the broader concerns affecting the question of significance. The full EAF is intended to provide a method whereby applicants and agencies can be assured that the determination process has been orderly, comprehensive in nature, yet flexible enough to allow introduction of information to fit a project or action. Full FAF Components: The full EAF is comprised of three parts: Part 1: Provides objective data and information about a given project and its site. By identifying basic project data, it assists a reviewer in the analysis that takes place in Parts 2 and 3. Part 2: Focuses on identifying the range of possible impacts that may occur from a project or action. It provides guidance as to whether an impact is likely to be considered small to moderate or whether it is a potentially-large impact. The form also identifies whether an impact can be mitigated or reduced. Part 3: If any impact in Part 2 is identified as potentially-large, then Part 3 is used to evaluate whether or not the impact is actually important. DETERMINATION OF SIGNIFICANCE -- Type I and Unlisted Actions Identify the Portions of EAF completed for this project: [] Pan 1 [] Part 2 [] Part 3 Upon review of the information recorded on this EAF (Parts 1 and 2 and 3 if appropriate), and any other supporting information, and considering both the magnitude and importance of each impact, it is reasonably determined by the lead agency that: [] A. The project will not result in any large and important impact{s) and, therefore, is one which will not have a significant impact on the environment, therefore a negative declaration will be prepared. [] Although the project could have a significant effect on the environment, there will not be a significant effect for this Unlisted Action because the mitigation measures described in PART 3 have been required, therefore a CONDITIONED negative declaration will be prepared.* [] C. The project may result in one or more large and important impacts that may have a significant impact on the environment, therefore a positive declaration w~ll I~e prepared. *A Conditioned Negative Declaration is only valid for Unlisted Actions Amendments to A108 of the Town Code Re~ardin~l Hi~lhwa¥ Specifications Name of Action Town of Southold - Town Board Name of Lead Agency Horton Print or T Office in Lead Agency Responsibte Officer Signature Responsible Officer in Lead Agency Sig ~f different from responsible officer) July, 2004 Date PART I - PROJECT INFORMATION Prepared by Project Sponsor NOTICE: This document is designed to assist in determining whether the action proposed may have a significant effect on the environment. Please complete the entire form, Parts A through E. Answers to these questions will be considered as part of the application for approval and may be subject to further verification and public review. Provide any additional information you believe will be needed to complete Parts 2 and 3. It is expected that completion of the full EAF will be dependent on information currently available and will not involve new studies, research or investigation. If information requiring such additional work is unavailable, so indicate and specify each instance. NAME OF ACTION Amendments to §A108 of the Town Code regarding Highway Specifications LOCATION OF ACTION Town-wide NAME OF APPLICANT/SPONSOR BUSINESS TELEPHONE Town of Southold (631) 764-1939 ADDRESS Town Hall, 53095 Route 25 CiTY/PO STATE I ZIP CODE Southold New YorkI 11971 NAME OF OWNER(if different) BUSINESS TELEPHONE ADDRESS CITY/PO I STATE ZIP CODE I DESCRIPTION OF ACTION This action calls amending §A108 of the Code of the Town of Southold to revise and update the Town's Highway Specifications. Please Complete Each Question--Indicate N.A. if not applicable A. SITE DESCRIPTION Physical setting of overall project, both developed and undeveloped areas. 1. Present land use: [] Urban []Industrial [] Commercial [] Residential{suburban) [] Rural{non-farm) [] Forest [] Agriculture []Other Open Space 2. Total acreage of project area: Approximately 34,687 acres, including Fishers Island APPROXIMATE ACREAGE Meadow or Brushland (Non-agricultural) Forested Agricultural (Includes orchards, cropland, pasture, otc Wetland(Freshwater or tidal as per Articles 24,25 of ECL} Water Surface Area Unvegetated (Rock, earth or fill) Roads, buildings and other paved surfaces Other (Indicate type) Vacant PRESENTLY AFTER COMPLETION 3,711 acres 3,711 acres 7,333 acres 7,333 acres 10,202 acres 10,202 acres 5,700 acres 6,700 acres NIA NIA N/A N/A 2,893 acres 2,893 acres 4,848 acres 4,848 acres What is predominant soil type(s) on project site? Carver-Plymouth-Riverheed, Haven-Riverhead Associations a. Soil drainage: [] Well drained 40% of site [] Moderately well drained 40% of site [] Poorly drained 20% % of site b. If any agricultural land is involved, how many acres of soil are classified within soil group 1 through 4 of the NYS Land Classification System? 10,202 acres (See 1 NYCRR 370). Are there bedrock outcroppings on project site? [~]Yes [] No a. What is depth to bedrock? 600' - 1,000' (in feet) 2 5. Approximate percentage of proposed project site with slopes: [] 0-10% 40% []10-15% 40% []15% or greater 20% 6. Is project substantially contiguous to, or contain a building, site, or district, listed on the State or the National Registers of Historic Places? [] Yes [] No 7. Is proiect substantially contiguous to a site listed on the Register of National Natural Landmarks? [] Yes [] No 8. What is the depth of the water table? ~ 6' (in feet) 9. Is site located over a primary, principal, or sole source aquifer? [] Yes [] No 10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? [] Yes [] No 11. Does project site contain any species of plant or animal life that is identified as threatened or endangered? [] Yes [] No According to New York State Natural Heritage Inventory Identify each species 12. Are there any unique or unusual land forms on the project site? (i.e., cliffs, dunes, other geological formations) [] Yes [] No Describe 13. Is the project site presently used by the community or neighborhood as an open space or recreation area? [] Yes []No If yes, explain 14. Does the present site include scenic views known to be important to the community? [] Yes [~No 15. Streams within or contiguous to project area: Mattituck Creek a. Name of Stream and name of River to which it is tributary Long Island Sound~ Peconic Bay 16. Lakes ponds, wetland areas within or contiguous to project area: a. Name Laurel Lake, Marateoka Pond, Great Pond, Hashamomomuck Pond b. Size (In acres) 17. Is the site served by existing public utilities? [] Yes []No a) If Yes, does sufficient capacity exist to allow connection? [] Yes [] No [] N/A b) If Yes, will improvements be necessary to allow connection? [] Yes [] No [] N/A 18. Is the site located in an agricultural district certified pursuant to Agriculture and Markets Law, Article 25-AA, Section 303 and 304? [] Yes []No 19. Is the site located in or substantially contiguous to a Critical Environmental Area designated pursuant to Article 8 of the ECL, and 6 NYCRR 6177 [] Yes []No 20. Has the site ever been used for the disposal of solid or hazardous wastes? [] Yes ~-]No (Town landfill) B. Project Description 1. Physical dimensions and scale of project (fill in dimensions as appropriate) a. Total contiguous acreage owned or controlled by project sponsor N/A b. Project acreage to be developed: N/A initially; N/A ultimately. c. Project acreage to remain undeveloped N/A d. Length of project, in miles: N/A (if appropriate). e. If the project is an expansion, indicate percent of expansion proposed f. Number of off-street parking spaces existing N/A ; proposed N/A g. Maximum vehicular trips generated per hour N/A h. If residential, Number and type of housing units: N/A N/A %. Initially Ultiumately One Family (21 Two Family Multiple Family Condominium I. Dimensions (in feet) of largest proposed structure height; width; j. Linear feet of frontage along a public thoroughfare project will occupy is? N/A ft. length 2. How much natural material (i.e., rock, earth, etc.)will be removed from the site? -0- tons/cubic yards. 3. Will disturbed areas be reclaimed? [] Yes [] No [] N/A a. If yes, for what intended purpose is the site being reclaimed? b. Will topsoil be stockpiled for reclamation? [] Yes [] No c. Will upper subsoil be stockpiled for reclamation? [] Yes [] No 4. How many acres of vegetation (trees, shrubs, ground covers) will be removed from site? N/A B. Will any mature forest (over 100 years old) or other locally-important vegetation be removed by this project? [] Yes [] No [] N/A 6. if single phase project: Anticipated period of construction N/A 7. If multi-phased: a. Total number of phases anticipated N/A (number). b. Anticipated date of commencement phase 1 month c. Approximate completion date of final phase __month__ d. Is phase 1 functionally dependent on subsequent phases? 8. Will blasting occur during construction? [] Yes [] No [] N/A 9. Number of jobs generated: during construction N/A ; after project is complete? N/A 10. Number of jobs eliminated by this project? 0 11. Will project require relocation of any projects or facilities? [] Yes [] No If yes, explain months, (including demolition). __.year,(including demolition). .year. [] Yes [] No 12. Surface liquid waste disposal involved? [] Yes [] No a. If yes, indicate type of waste (sewage, industrial, etc.) and amount b. Name of water body into which effluent will be discharged 13. Is subsurface liquid waste disposal involved? [] Yes [] No Type 14. Wil) surface area of an existing water body increase or decrease by proposal? Explain [] Yes [] No 15. Is project, or any portion of project, located in a 100 year flood plain? 16. Will the project generate solid waste? [] Yes [] No a. If yes, what is the amount per month? tons. b. If yes, will an existing solid waste facility be used? [] Yes [] No c. If yes, give name ; location d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? e. If Yes, explain [] Yes [] No [] Yes [] Nc 17. Will the project involve the disposal of solid waste? [] Yes [] No a. If yes, what is the anticipated rate of disposal? tons/month. b, If yes, what is the anticipated site life? years. 18. Will project use herbicides or pesticides? [] Yes [] No 19. Will project routinely produce odors (more than one hour per day)? [] Yes [] No 20. Will project produce operating noise exceeding the local ambient noise levels? [] Yes 21. Will project result in an increase in energy use? [] Yes [] No If yes, indicate type(s) 22. If water supply is from wells, indicate pumping capacity N/A gallons/minute. 23. Total anticipated water usage per day N/A gallons/day. 24. Does project involve Local, State or Federal funding? [] Yes [] No If yes, explain [] No 25. Approvals Required: City, Town, Village Board City, Town, Village Planning Board City. Town Zoning Board City, County Health Department Other Local Agencies Other Regional Agencies State Agencies Federal Agencies [] Yes [] No [] Yes [] No [] Yes [] No [] Yes [] No [] Yes [] No [] Yes [] No [] Yes [] No [] Yes [] No Type Code Amendment Submittal Date C. ZONING and PLANNING INFORMATION 1. Does proposed action involve a planning or zoning decision? [] Yes [] No If Yes, indicate decision required: [] zoning amendment [] zoning variance [] special use permit []subdivision []site plan [] new/revision of master plan [] resource management plan [] other 2. What is the zoning classification(s) of the site? All zoning districts in the Town of Southold 3. What is the maximum potential development of the site if developed as permitted by the present zoning? N/A 4. What is the proposed zoning of the site? N/A 5. What is the maximum potential development of the site if developed as permitted by the proposed zoning? N/A 6. Is the proposed action consistent with the recommended uses in adopted local land use plans? [] Yes [] No 7. What are the predominant land use{s) and zoning classifications within a 1/4 mile radius of proposed action? Agricultural, Open Space, Residential, Commercial, Recreational 8. is the proposed action compatible with adjoining/surrounding land uses within a 1/4 mile? [] Yes [] No 9. If the proposed action is the subdivision of land, how many lots are proposed7 N/A a. What is the minimum lot size proposed7 10. Will proposed action require any authorization(s) for the formation of sewer or water districts? [] Yes [] No 11. Will the proposed action create a demand for any community provided services (recreation, education, police, fire protection)? [] Yes [] No a. If yes, is existing capacity sufficient to handle projected demand? [] Yes [] No [] N/A 12. Will the proposed action result in the generation of traffic significantly above present levels? [] Yes [] No a. If yes, is the existing road network adequate to handle the additional traffic? [] Yes [] No [] N/A D. Informational Details Attach any additional information as may be needed to clarify your project. If there are, or may be, any adverse impacts associated with your proposal, please discuss such impacts and the measures which you propose to mitigate or avoid them. E. Verification I certify th~l~ the information provided above is true to the best of my knowledge. Applicant/Sponso, r~me _Town of Southold Date July, 2004 Signature /// .~-- "~ .....~,,/~_~ ~///// Title~ Coastal Assessment Forth before proceeding with If the ac in the Coastal Area, and you are a state agency, complete the this assessment. 5 Part 2 - PROJECT IMPACTS AND THEIR MAGNITUDE Responsibility of Lead Agency General Information (Read Carefully) · In completing the form the reviewer should be guided by the question: Have my responses and determinations been reasonable? The reviewer is not expected to be an expert environmental analyst. · Identifying that an impact will be potentially large (column 2) does not mean that it is also necessarily significant. Any large impact must be evaluated in PART 3 to determine significance, identifying an impact in column 2 simply asks that it be looked at further. · The Examples provided are to assist the reviewer by showing types of impacts and wherever possible the threshold of magnitude that would trigger a response in column 2. The examples are generally applicable throughout the State and for most situations. But, for any specific project or site other examples and/or lower thresholds may be appropriate for a Potential Large Impact response, thus requiring evaluation in Part 3. · The impacts of each project, on each site, in each locality, will vary. Therefore, the examples are illustrative and have been offered as guidance. They do not constitute an exhaustive list of impacts and thresholds to answer each question. · The number of examples per question does not indicate the importance of each question. · In identifying impacts, consider long term, short term and cumulative effects. Instructions (Read carefully) a. Answer each of the 20 questions in PART 2. Answer Yes if there will be any impact. b. Maybe answers should be considered as Yes answers. c. If answering Yes to a question then check the appropriate box(column 1 or 2)to indicate the potential size of the impact. If impact threshold equa(s or exceeds any example provided, check column 2. If impact will occur but threshold is lower than example, check column 1. d. Identifying that an Impact will be potentially large (column 2) does not mean that it is also necessarily significant. Any large impact must be evaluated in PART 3 to determine significance. Identifying an impact in column 2 simply asks that it be looked at further. e. If reviewer has doubt about size of the impact then consider the impact as potentially large and proceed to PART 3. f. If a potentially large impact checked in column 2 can be mitigated by change(s) in the project to a small to moderate impact, also check the Yes box in column 3. A No response indicates that such a reduction is not possible. This must be explained in Part 3, Impact on Land 1. Will the Proposed Action result in a physical change to the project site? [] NO i--lYES Examples that would apply to column 2 · Any construction on slopes of 15% or greater, (15 foot rise per 100 foot of length), or where the genera~ slopes in the project area exceed 10%. · Construction on land where the depth to the water table is less than 3 feet. · Construction of paved parking area for 1,000 or more vehicles. · Construction on land where bedrock is exposed or generally within 3 feet of existing ground surface. · Construction that will continue for more than 1 year or involve more than one phase or stage. · Excavation for mining purposes that would remove more than 1,000 tons of natural material (i.e., rock or soil) per year. · Construction or expansion of a santary landfill, · Construction in a designated floodway. · Other impacts: 2. Will there be an effect to any unique or unusual land forms found on the site? (i.e., cliffs, dunes, geological formations, etc.) [] NO [--~YES · Specific land forms: I 2 3 Small to Potential Can impact Be Moderate Large Mitigated By Impact Impact Proiect Change [] [] [] Yes [] No [] [] [] Yes [] No [] [] [] Yes [] No [] [] [] Yes [] .o [] [] [] Yes [] .o [] [] [] Yas [] No [] [] [] Yes [] No [] [] [] Yes [] No [] [] [] Yas [] [] [] [] Yes [] 6 Impact on Water 3. Will Proposed Action affect any water body designated as protected? (Under Articles 15, 24, 25 of the Environmental Conservation Law, ECL) [] .o OYES Examples that would apply to column 2 · Developable area of site contains a protected water body. · Dredging more than 100 cubic yards of material from channel of a protected stream. · Extension of utility distribution facilities through a protected water body. · Construction in a designated freshwater or tidal wetland. · Otherimpacts: 4. Will Proposed Action affect any non-protected existing or new body of water? [] NO [~YES Examples that would apply to column 2 · A 10% increase or decrease in the surface area of any body of water or more than a 10 acre increase or decrease, · Construction of a body of water that exceeds 10 acres of surface area. · Other impacts: 5. Will Proposed Action affect surface or groundwater quality or quantity? [] NO F~YES Examples that would apply to column 2 · Proposed Action will require a discharge permit. · Proposed Action requires use of a source of water that does not have approval to serve proposed (project) action. · Proposed Action requires water supply from wells with greater than 45 gallons per minute pumping capacity. · Construction or operation causing any contamination of a water supply system. · Proposed Action will adversely affect groundwater. · Liquid effluent will be conveyed off the site to facilities which presently do not exist or have inadequate capacity. · Proposed Action would use water in excess of 20,000 gallons per day. · Proposed Action will likely cause siltation or other discharge into an existing body I 2 3 Small to Potential Can impact Be Moderate Large Mitigated By Impact Impact Project Chan~le [] [] [] Yes [] No [] [] [] Yes [] No [] [] [] Yes [] NO [] [] [] Yes [] No [] [] [] Yes [] No [] [] [] Yes [] NO [] [] [] Yes [] NO [] O [] Yes [] No [] [] [] Yes [] No [] [] [] Yes [] No [] [] [] Yes [] No [] [] [] Yas [] No [] [] [] Yes [] No [] [] [] Yes [] No [] [] [] Yes [] No [] [] O Yes [] No [] [] [] Yes [] No [] [] [] Yes [] No [] [] [] Yes [] No [] [] [] Yes [] No [] [] [] Yes [] No of water to the extent that there will be an obvious visual contrast to natural condition,, · Proposed Action will require the storage of petroleum or chemical products greater than 1,100 gallons. · Proposed Action will allow residential uses in areas without water and/or sewer services. · Proposed Action locates commercial and/or industrial uses which may require new or expansion of existing waste treatment and/or storage facilities. · Other impacts: 6. Will Proposed Action alter drainage flow or patterns, or surface water runoff? [] NO OYES Examples that would apply to column 2 · Proposed Action would change flood water flows 7 · Proposed Action may cause substantial erosion, · Proposed Action is incompatible with existing drainage patterns. · Proposed Action will allow development in a designated floodway. · Other impacts; IMPACT ON AIR 7. Will Proposed Action affect air quality? [] NO [~YES Examples that would apply to column 2 · Proposed Action will induce 1,000 or more vehicle trips in any given hour. · Proposed Action will result in the incineration of more than 1 ton of refuse per hour. · Emission rate of total contaminants will exceed 5 lbs. per hour or a heat source producing more than 10 million BTU's per hour. · Proposed Action will allow an increase in the amount of land committed to industrial use. · Proposed Action will allow an increase in the density of industrial development within existing industrial areas. · Other impacts: IMPACT ON PLANTS AND ANIMALS 8. Will Proposed Action affect any threatened or endangered species? [] NO [~]YES Examples that would apply to column 2 · Reduction of one or more species listed on the New York or Federal list, using the site, over or near the site, or found on the site. · Removal of any portion of a critical or significant wildlife habitat, · Application of pesticide or herbicide more than twice a year, other than for agricultural purposes. · Other impacts: 9. Will Proposed Action substantially affect non-threatened or nonendangered species? [] NO r~YES Examples that would apply to column 2 · Proposed Action would substantially interfere with any resident or migratory fish, shellfish or wildlife species. · Proposed Action requires the removal of more than 10 acres of mature forest (over 1 O0 years of age) or other locally important vegetation. · Other impacts: IMPACT ON AGRICULTURAL LAND RESOURCES 10. Will Proposed Action effect agricultural land resources? [] NO [--]YES Examples that would apply to column 2 · The Proposed Action would sever, cross or limit access to agricultural land (includes cropland, hayfields, pasture, vineyard, orchard, etc.) I 2 3 Small toPotential Can impact Be ModerateLarge Mitigated By Impact Impact Proiect Change [] [] [] Yes [] No [] [] [] Yes [] No [] [] [] Yes [] No [] [] [] Yes [] No [] [] [] Yes [] No [] [] [] Yes [] No [] [] [] Yes [] No [] [] [] Yes [] No [] [] [] Yes [] No [] [] [] Yas [] No [] [] [] Yes [] No [] [] [] Yes [] No [] [] [] Yss [] No [] [] [] Yes [] No [] [] [] Yes [] No [] [] [] Yes [] No [] [] [] Yes [] No [] [] [] Yes [] No · Construction activity would excavate or compact the soil profile of agricultural land. · The Proposed Action would irreversibly convert more than 10 acres of agricultural land or, if located in an Agricultural District, more than 2.5 acres of agricultural land. · The Proposed Action would disrupt or prevent installation of agricultural land management systems (e.g,, subsurface drain lines, outlet ditches, strip cropping); or create a need for such measures (e.g. cause a farm field to drain poorly due to increased runoff), · Other impacts: IMPACT ON AESTHETIC RESOURCES 11. Will Proposed Action affect aesthetic resources? [] NO [--~YES (If necessary, use the Visual EAF Addendum in Section 617.20, Appendix B.) Examplee that would apply to column 2 · Proposed land uses, or project components obviously different from or in sharp contrast to current surrounding land use patterns, whether man-made or natural. · Proposed land uses, or project components visible to users of aesthetic resources which will eliminate or significantly reduce their enjoyment of the aesthetic qualities of that resource. · Project components that will result in the elimination or significant screening of scenic views known to be important to the area. · Otherimpacts: IMPACT ON HISTORIC AND ARCHAEOLOGICAL RESOURCES 12. Will Proposed Action impact any site or structure of historic, prehistoric or paleontological importance? [] NO I--lYEs Examplee that would apply to column 2 · Proposed Action occurring wholly or partially within or substantially contiguous to any facility or site listed on the State or National Register of historic places. · Any impact to an archaeological site or fossil bed located within the project site. · Proposed Action will occur in an area designated as sensitive for archaeological sites on the NYS Site Inventory. · Other impacts: IMPACT ON OPEN SPACE AND RECREATION 13. Will proposed Action affect the quantity or quality of existing or future open spaces or recreational opportunities? [] NO r~YES Examplee that would apply to column 2 · The permanent foreclosure of a future recreational opportunity, · A major reduction of an open space important to the community. · Other impacts: I 2 3 Small to i Potential Can Impact Be Moderate Large Mitigated By mpact Impact Project Chan~le [] [] [] Yes [] NO [] [] [] Yes [] No [] [] [] Yes [] No [] [] [] Yes [] No [] [] [] Yes [] No [] [] [] Yes [] No [] [] [] Yes [] No [] [] [] Yes [] No [] [] [] Yes [] No [] [] [] Yes [] No [] [] [] Yes [] No [] [] [] Yes [] No [] [] [] Yes [] No [] [] [] Yes [] No [] [] [] Yes [] No 9 IMPACT ON CRITICAL ENVIRONMENTAL AREAS 14. Will Proposed Action impact the exceptional or unique characteristics of a critical environmental area (CEA) established pursuant to subdivision 6N¥CRR 617.14(g)? [] NO r~¥ES List the environmental characteristics that caused the designation of the CEA. Examples that would apply to column 2 · Proposed Action to locate within the CEA? · Proposed Action will result in a reduction in the quantity of the resource? · Proposed Action will result in a reduction in the quality of the resource? · Proposed Action will impact the use, function or enjoyment of the resource? · Other impacts: IMPACT ON TRANSPORTATION 15. Wil~ there be an effect to existing transportation systems? [] NO []YES Examples that would apply to column 2 · Alteration of present patterns of movement of people and/or goods. · Proposed Action will result in major traffic problems. · Other impacts: IMPACT ON ENERGY 16. Will Proposed Action affect the community's sources of fuel or energy supply? [] NO []--]YES Examples that would apply to column 2 · Proposed Action will cause a greater than 5% increase in the use of any form of energy in the municipality. · Proposed Action will require the creation or extension of an energy transmission or supply system to serve more than 50 single or two family residences or to serve a major commercial or industrial use. · Otherimpacts: NOISE AND ODOR IMPACT 17. Will there be objectionable odors, noise, or vibration as a result of the Proposed Action? [] NO r~YES Examples that would apply to column 2 · Blasting within 1,500 feet of a hospital, school or other sensitive facility. · Odors will occur routinely (more than one hour per day). · Proposed Action will produce operating noise exceeding the local ambient noise levels for noise outside of structures. · Proposed Action will remove natural barriers that would act as a noise screen. · Other impacts: 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated By impact impact Proiect Change [] [] [] Yes [] No [] [] [] Yes [] No [] [] [] Yea [] No [] [] [] Yes [] No [] [] [] Yes [] No [] [] [] Yes [] No [] [] [] Yes [] No [] [] [] Yea [] No [] [] [] Yes [] No [] [] [] Yes [] No [] [] [] Yes [] No [] [] [] Yea [] No [] [] [] Yea [] No [] [] [] Yes [] No [] [] [] Yea [] No [] [] [] Yes [] No 10 IMPACT ON PUBLIC HEALTH 18. Will Proposed Action affect public health and safety? [] NO [--~YES Examples that would apply to column 2 · Proposed Action may cause a risk of explosion or release of hazardous substances (i.e. oil, pesticides, chemicals, radiation, etc.) in the event of accident or upset conditions, or there may be a chronic Iow level discharge or emission. · Proposed Action may result in the burial of "hazardous wastes" in any form {i.e. toxic, poisonous, highly reactive, radioactive, irritating, infectious, etc.) · Storage facilities for one million or more gallons of liquefied natural gas or other flammable liquids. · Proposed Action may result in the excavation or other disturbance within 2,000 feet of a site used for the disposal of solid or hazardous waste. · Other impacts: IMPACT ON GROWTH AND CHARACTER OF COMMUNITY OR NEIGHBORHOOD 19. Will Proposed Action affect the character of the existing community? [] NO r--~YES Examplee that would apply to column 2 · The permanent population of the city, town or village in which the project is located is likely to grow by more than 5%, · The municipal budget for capital expenditures or operating services will increase by more than 5% per year as a result of this project. · Proposed Action will conflict with officially adopted plans or goals. · Proposed Action will cause a change in the density of land use. · Proposed Action will replace or eliminate existing facilities, structures or areas of historic importance to the community. · Development will create a demand for additional community services (e.g. schools, police and fire, etc.) · Proposed Action will set an important precedent for future projects. · Proposed Action will create or eliminate employment. · Other impacts: I 2 3 Small to Potential Can Impact Be Moderate Large Mitigated By Impact Impact Proiect Change [] [] [] Yes [] No [] [] [] Yes [] No [] [] [] Yes [] No [] [] [] Yes [] No [] [] [] Yes [] No [] [] [] Yes [] No [] [] [] Yes [] No [] [] [] Yes [] No [] [] [] Yes [] No [] [] [] Yes [] No [] [] [] Yes [] No [] [] [] Yes [] No [] [] [] Yes [] No [] [] [] Yes [] No 20. is there, or is there likely to be, public controversy related to potential adverse environment impacts? [] NO []YES 11 If Any Action in Part 2 is Identified as a Potential Large Impact or if You Cannot Determine the Magnitude of Impact, Proceed to Part 3 Part 3 - EVALUATION OF THE IMPORTANCE OF IMPACTS Responsibility of Lead Agency Part 3 must be prepared if one or more impact(s) is considered to be potentially large, even if the impact(s) may be mitigated. instructions (If you need more space, attach additional sheets) Discuss the following for each impact identified in Column 2 of Part 2: 1. Briefly describe the impact. 2. Describe (if applicable) how the impact could be mitigated or reduced to a small to moderate impact by project change(s). 3. Based on the information available, decide if it is reasonable to conclude that this impact is important. To answer the question of importance, consider: · The probability of the impact occurring · The duration of the impact · Its irreversibility, including permanently lost resources of value · Whether the impact can or will be controlled · The regional consequence of the impact · Its potential divergence from local needs and goals · Whether known objections to the project relate to this impact. (Continue on attachments) 12 617.21 Appendix F State Environmental Quality Review NEGATIVE DECLARATION Notice of Determination of Non-Significance SEQR Project Number Date JulY1 2004 This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Conservation Law. The Town of Southold Town Board as lead agency, has determined that the proposed action described below will not have a significant effect on the environmental and a Draft Environmental Impact Statement will not be prepared. Name of Action: Highway Specification Amendments SEQR Status: Type I [] Unlisted [] Conditioned Negative Declaration: Yes [] No [] Description of Action: This action proposes an amendment to §A108 of the Town Code to revise and update the Town's Highway Specifications. Location: (Include street address and the name of the municipality/county. A location map of appropriate scale is also recommended.) Town-wide, Town of Southold, Suffolk County SEQR Negative Declaration Page 2 REASONS SUPPORTING THIS DETERMINATION: (See 617.6(g) for requirements of this determination; see 617.6(h) for Conditioned Negative Declaration) See Attached If Conditioned Negative Declaration, provide on attachment the specific mitigation measures imposed. For Further Information: Contact Person: Address: Telephone Number: Elizabeth A. Neville, Town Clerk Town Hall, 53095 Route 25, Southold, NY 11971 631-765-1800 For Type I Actions and Conditioned Negative Declarations, a Copy of this Notice Sent to: Commissioner, Dep't of Environmental Conservation, 50 Wolf Road, Albany, NY 12233-0001 NYSDEC Region 1, SUNY, Building 40, Stony Brook, NY 11790 Supervisor, Town of Southold, Town Hall 53095 Route 25, Southold, NY 11971 Applicant (if any) Other Involved Agencies (if any) REASONS SUPPORTING THIS DETERMINATION: The proposed action involves amending §A108 of the Town Code to revise and update the Town's Highway Specifications. These changes are necessary to ensure the safety, structural integrity, freedom from hazardous materials and proper maintenance of the Town's highways. The action itself involves no physical improvements, but it does provide the standards by which future physical improvements to the Town's highways would be constructed. The amendments improve the highway specification, and importantly add specific language prohibiting the use of hazardous or regulated waste products in highway construction. As a result, it can be concluded that the proposed action will not result in any adverse environmental impacts. Specifically: 1. The action will not result in a significant adverse change in existing air quality. No negative impacts to surface or ground water features will result from the proposed action. While surface and ground water features are located in direct proximity to most of the Town's highways, the action will improve the physical construction standard. 3. New long term, permanent noise impacts are not anticipated. 4. The project will not create any new flooding impacts. The proposed amendments will not result in any change to traffic generation volumes that currently exist or that might be expected in the future. The enhanced highway specification will improve traffic safety through improved highway design and construction. No significant adverse environmental impacts are anticipated. The new specification specifically addresses hazardous and regulated wastes, and the contractors role in removing C&D debris used in highway construction. The proposed amendments will not result in any adverse impact regarding waste generation. The proposed action will have no impact on land clearing and removal of vegetation including significant trees. Therefore, no significant negative impacts to vegetation are anticipated. While individual highway construction projects must be separately assessed to determine their impact on rare, threatened or endangered species of animals, or the habitat of such species, the proposed action proposes stricter requirements than the existing specifications. As such it can be concluded that the proposed action will not result in any adverse environmental impacts. The proposed action does not create a material conflict with the community's current development plans or goals. The proposed amendments are consistent with the Town's articulated goals. No adverse impacts are anticipated. 10. Individual highway construction projects must be separately assessed to assure that they do not impair the character or quality of important historical, archaeological, architectural, or aesthetic resources, or of existing community of neighborhood character. However, it can be concluded that the proposed amendments, will not result in any significant adverse impacts. 11.The proposed action will not result in a major change in the quantity or type of energy currently used. No significant adverse environmental impacts are anticipated. 12.The proposed amendments will not create as a hazard to human health, and will in fact improve overall environmental conditions through the hazardous and regulated waste restriction provisions. No adverse environmental impacts are anticipated. 13.The proposed project will not result in as a substantial change in the intensity of use of land including agricultural land, open space or recreational resources, or in its capacity to support future uses. 14.This action will not result in changes in two or more elements of the environment, which alone would not have as a significant effect on the environment, but when considered together, would result in as a substantial adverse impact on the environment. STATE Of NEW YORk DEPARTMENT OF STATE 4 I STATE STREET ALBANY, NY 1223 I -000 I OEORGE E PATAKi August6,2004 RANDY A DANIELS Elizabeth A Neville South Town Clerk Town Hall, 53095 Main Road PO Box 1179 Southold NY 11971 RECEIVED AUG 1 6 $oolholrl Town Clerk RE: Town of Southold, Local Law 14, 15, 16 & 17, 2004 filed on July 30, 2004 To Whom It May Concern: The above referenced material was received and filed by this office as indicated. Additional local law filing forms will be forwarded upon request. Sincerely, Linda Lasch Principal Clerk State Records & Law Bureau (518) 474-2755 Local Law No. 14 - Highway Specifications Local Law Filing NEW YORK STATE DEPARTMENT OF STATE 41 STATE STREET~ ALBANY~ NY 12231 (Use this form to file a local law with the Secretary of State.) Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. Town of SOUTHOLD LOCAL LAW NO. 14 of 2004 A Local Law in relation to Amendments to Chapter Al08 of the Code of the Town of Southold pertaining to Highway Specifications. BE IT ENACTED by the Town Board of the Town of Southold as folloxvs: I. Purpose. In order to ensure the safety, structural integrity, freedom from hazardous materials and proper maintenance of the Toxvn's highways, it is necessary to implement certain amendments to the Town Highway Specifications. II. Code Amendment. Chapter Al08 of the Code of the Town of Southold is hereby amended as follows: § Al08-15. Construction Specifications. The specifications set forth in the following chart shall apply to all constructed roadways after April 20, 1993: A. Specifications. Number of Lots Serviced by Road Zoning District Minimum Right- of-Way Width Road Width (feet) (feet) 5 and over A-C, R-40, R-80, 50 R-120, AHD and HD 28 (Drmving No. 15-1) or 24 (Drawing No. 15-2) (If additional space is needed, attach pages the same size as this sheet, and number each.) DOS-239(Rev. ll/09) (1) § A108-2l. Base course for asphalt pavement. The base course shall consist of three-fourths-inch stone blend or crushed concrete compacted to a four-inch depth. Crushed concrete shall be a clean Recycled Concrete Aggregate material that is free of hazardous or regulated waste product. Any material deemed to be Construction and Demolition (C&D) debris by the Town's Inspector shall be rejected. All rejected C&D debris material shall be removed fi.om the site at the Contractor's expense. If clay or other unsuitable material is found beloxv the base course, it shall be removed and replaced with twelve inches (12) of compacted bank run containing fifteen percent (15%) or more of gravel. The t~velve-inch replacement depth may be modified according to existing conditions as approved by the Engineer. Town of Southold Department of Highways Standard Drawing Number 15-1, Standard Asphalt Roadway, is deleted and replaced with the attached Drawing Number 15-1. Town of Southold Department of Highways Standard Drawing Number 15-2, Standard Asphalt Roadway, is deleted and replaced with the attached Drawing Number 15-2. Town of Southold Department of Highways Standard Drawing Number 39-1, Standard Granite Curb Details, is deleted. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this la~v as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This local laxv shall take effect immediately upon its filing in the office of the Secretary of State in accordance with Section 27 of the Municipal Home Rule Law. S'FANI)ARD ~\SlqtALT I~(;AD",VA't~ I~-I l}q. ll, '1'¢)~' OF $O1~'1'11¢}1A~ STANI)AI{ I) ASPItALT 15-2 · (Complete the certific/l~n ia the paragraph that applies to the flffiig of this local law strike out that which is not applicable.) and 1. (Final adoption by local legislative body only.) I hereby certify that the local law annexed hereto, designated as local law No. 14 of 20 04 . of the (Cz::n.~')(C:..~'XTown) (V!11ag:) of SOUTHOLD was duly passed by the TOWN BOARD on July 27 ,20 04 , in accordance with the applicable provisions of law. 2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective Chief Executive Officer*.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County)(City)(Toxvn)(Village) of was duly passed by the on 20 , and was (approved)(not approved)(repassed after disapproval) by the and was deemed duly adopted on 20 in accordance with the applicable provisions of law. 3. (Final adoption by referendum.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County)(City)(Town)(Village) of was duly passed by the on 20 ., and was (approved)(not approved)(repassed after disapproval) by the on 20 . Such local law ',vas submitted to the people by reason of a (mandatory)(perrnissive) referendum, and received the affirmative vote of a majority of the qualified electors voting thereon at the (general)(special)(annual) election held on 20 , in accordance with the applicable provisions of law. 4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County)(City)(Town)(Village). of was duly passed by the on 20__ , and was (approved)(not approved) (repassed after disapproval) by the on 20__ Such local law was subject to permissive referendum and no valid petition requesting such referendum was filed as of 20 , in accordance with the applicable provisions of law. * Elective Chief Executive Officer means or Includes the chief executive officer of a county elected on a county- wide basis or, If there be none, the chairperson of the county legislative body, the mayor of a city or village, or the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances. (2) 5. (City local law concerning Chart vision proposed by petition.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 __ of the City of having been submitted to referendum pursuant to the provisions of section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of such city voting thereon at the (special)(general) election held on 20 , became operative. 6. (County local law concerning adoption of Charter.) I hereby certify that the local law annexed hereto, designated as local law No of 20 of the County of State of New York, having been submitted to the electors at the General Election of November 20 , pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cities of said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit voting at said general election, became operative. (If any other authorized form of final adoption has been followed, please provide an appropriate certification.) I further certify that I have compared the preceding local law with the original on file in this office and that the same is a correct transcript therefrom and of the whole of such original local law, and was finally adopted in the manner indicated in paragraph 1 , above. Clerk of the I~nty legislative body. Ci--'~ Town or Village Clerk or officer designated by local legislative body Elizabeth A. Neville, Town Clerk (Seal) Date: July 29, 2004 (Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other authorized attorney of locality.) STATE OF NEW YORK COUNTY OF SUFFOLK I, the undersigned, hereby certify that the foregoing local 1~ contains the correct text and that all proper proceedings have been had or taken for the enactment of the local law a~~ ~. Si~n;turc [ % ~ h Patrieia A. Finnega~r~E~sq. To~a Attorney Title To'~m of SOUTHOLD Date: July 29, 2004 (3) ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS 3,L~RRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 592 OF 2004 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JULY 27, 2004: WHEREAS there was presented to the Toxvn Board of the Town of Southold, Suffolk Coumy, New York, on the 27th day of July, 2004 a Local Law entitled "A Local Law in relation to Amendments to Chapter Al08 of the Code of the Town of Southold pertaining to Highway Specifications", and WHEREAS the To~vn Board of the Town of Southold held a public hearing on the aforesaid Local Law at which time all interested persons were heard, now therefor be it RESOLVED that the Town Board of the Town of Southold hereby enacts the following Local Law: A Local Law entitled "A Local Law in relation to Amendments to Chapter Al08 of the Code of the Town of Southold pertaining to Highway Specifications" reads as folloxvs: LOCAL LAW NO. 14 of 2004 A Local Law in relation to Amendments to Chapter Al08 of the Code of the Town of Southold pertaining to High~vay Specifications. BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Purpose. In order to ensure the safety, structural integrity, freedom from hazardous materials and proper maintenance of the Town's highways, it is necessary to implement certain amendments to the Town Highway Specifications. II. Code Amendment. Chapter Al08 of the Code of the To~vn of Southold is hereby amended as follows: § A108-15. Construction Specifications. The specifications set forth in the following chart shall apply to all constructed roadways after April 20, 1993: A. Specifications. Number of Lots Serviced by Road Zoning District Minimum Right- of-Way Width Road Width (feet) (feet) 5 and over A-C, R-40, R-80, R-120, AHD and HD § A108-21. Basecourse for asphalt pavement. 50 28 (Drawing No. 15-1) or 24 (Drawing No. 15-2) The base course shall consist of three-fourths-inch stone blend or crushed concrete compacted to a four-inch depth. Crushed concrete shall be a clean Recycled Concrete Aggregate material that is free of hazardous or regulated xvaste product. Any mater/al deemed to be Construction and Demolition (C&D) debris by the Town's Inspector shall be rejected. All reiected C&D debris material shall be removed fi.om the site at the Contractor's expense. If clay or other tmsuitable material is found beloxv the base course, it shall be removed and replaced with twelve inches (12) of compacted bank run containing fifteen percent (15%) or more of gravel. The twelve-inch replacement depth may be modified according to existing conditions as approved by the Engineer. No. 29 I. Town of Southold Department of Highways Standard Drawing Number 15-1, Standard Asphalt Roadway, is deleted and replaced with the attached Drawing Number 15-1. Town of Southold Department of Highways Standard Drawing Number 15-2, Standard Asphalt Roadway, is deleted and replaced with the attached Drawing Number 15-2. Town of Southold Department of Highways Standard Drawing Number 39-l, Standard Granite Curb Details, is deleted. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This local law shall take effect immediately upon its filing in the office of the Secretary of State in accordance with Section 27 of the Municipal Home Rule Law. ~I~XyN ()Ir NOUTH¢}I.I} ST,~.N l):qtRl) ,XSPI I;XI.T 2~. iI nl~()¥VN ()1; S(HVl'Ii()I,I.I STANIIAR1) ASi'IIAI,T ROAI)WAY 15-2 Elizabeth A. Neville Southold Town Clerk SOUTHOLD TOWN BOARD PUBLIC HEARING July 27, 2004 5:00 P.M. HEARING ON "A LOCAL LAW IN RELATION TO AMENDMENTS TO CHAPTER Al08 OF THE CODE OF THE TOWN OF SOUTHOLD PERTAINING TO HIGHWAY SPECIFICATIONS." Present: Supervisor Joshua Y. Horton Justice Louisa P. Evans Councilman John M. Romanelli (arrived late) Councilman Thomas H. Wickham Councilman Daniel C. Ross Councilman William P. Edwards Town Clerk Elizabeth A. Neville Town Attorney Patricia A. Finnegan COUNCILMAN WICKHAM: NOTICE IS HEREBY GIVEN, that there has been presented to the Toxvn Board of the Town of Southold, Suffolk County, New York, on the 29th day of June, 2004 a Local Law entitled "A Local La,v in relation to Amendments to Chapter Al08 of the Code of the Town of Southold pertaining to Highway Specifications" and NOTICE IS HERBY FURTHER GIVEN that the Town Board of the Toxvn of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 27th day of July~ 2004 at 5:00 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter Al08 of the Code of the Town of Southold pertaining to Highway Specifications" reads as follows: LOCAL LAW NO. of 2004 A Local Law in relation to Amendments to Chapter Al08 of the Code of the Town of Southold pertaining to Highway Specifications. BE IT ENACTED by the Town Board of the Town of Southold as £ollows: I. Purpose. In order to ensure the safety, structural integhty, freedom from hazardous materials and proper maintenance of the Town's highways, it is necessary to implement certain amendments to the Town Highway Specifications. II. Code Amendment. Chapter Al08 of the Code of the Town of Southold is hereby amended as follows: July 27, 2004 2 Public Hearing-Highxvay Specifications § Al08-15. Construction Specifications. The specifications set forth in the following chart shall apply to all constructed roadways after April 20, 1993: A. Specifications. Number of Lots Serviced by Road Zoning District Minimum Right- of-Way Width Road Width (feet) (feet) 5 and over A-C, R-40, R-80, 50 R-120, AHD and HD § A108-21. Basecourse for asphalt pavement. A. 28 (Drawing No. 15-1) o~r 24 (Drawin~ No. 15-2) The base course shall consist of three-fourths-inch stone blend or crushed concrete compacted to a four-inch depth. Crushed concrete shall be a clean Recycled Concrete Aggregate material that is free of hazardous or regulated waste product. Any material deemed to be Construction and Demolition (C&D) debris by the Town's Inspector shall be reiected. All reiected C&D debris material shall be removed from the site at the Contractor's expense. If clay or other unsuitable material is found below the base course, it shall be removed and replaced with twelve inches (12) of compacted bank run containing fifteen percent (15%) or more of gravel. The twelve-inch replacement depth may be modified according to existing conditions as approved by the Engineer. e ^~n9 ~n Grar2tecurb: .n t ................ pi ......n ...... o ........ n .............v .................... a p .... To~vn of Southold Department of Highways Standard Drawing Number 15-1, Standard Asphalt Roadway, is deleted and replaced with the attached Drawing Number 15-1. Town of Southold Department of Highways Standard Draxving Number 15-2, Standard Asphalt Roadway, is deleted and replaced with the attached Drawing Number 15-2. Town of Southold Department of Highways Standard Drawing Number 39-1, Standard Granite Curb Details, is deleted. IlL SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this laxv as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. TOWN ()F SOUTII()LI) STANDARD ASPItALT ROAI)WAY I~!} st ,Xl.;,.1 15-1 IV. EFFECTIVE DATE This local law shall take effect immediately upon its filing in the office of the Secretary of State in accordance with Section 27 of the Municipal Home Rule Law. TOWN ()F S()I!TII¢)IJ) STANDARI) ASPItAI,T R()AI)WAS' I no .<l 15-2 COUNCILMAN WICKHAM: I have a notice that it has appeared as a public legal in the local newspaper, it has appeared out on the Town Clerk's bulletin board. I have comments from the Southold Town Planning Board office, dated July 22. From Jerilyn Woodhouse, Chair. 'The purpose of this proposed laxv is to amend the existing Highway Specs as they pertain to the construction of new roads. The primary amendment is to expand the minimum required road width from 24 feet to 28 feet. July 27, 2004 Public Hearing-Highway Specifications The secondary amendments define "crushed concrete", prohibit the use of "construction and demolition debris" in nexv road construction, and delete the use of granite curbs, otherwise knoxvn as Belgian blocks. The reasons for these amendments are noted here briefly. The expansion of the minimum road width is in response to problems experienced in some subdivisions xvhere multiple car ownership has resulted in cars being parked on the street rather than in garages and driveways. The Highway Department experienced obstacles in plowing these roads due to limited through passage when cars where parked on both sides of the street. The 24 foot road ~vidth originally was intended to be a cost-saving measure for affordable housing subdivisions but was printed as the standard minimum road width. The proposed subdivision regulations provides the Planning Board with the ability to waive the standard 28 foot wide road in the Affordable Housing District. The definition 'crushed concrete' and the prohibition against the use of construction and demolition debris will enable the Toxvn Engineering Inspector to prevent the use of contaminated debris in new road construction. The deletion of granite curbing reflects the high maintenance cost associated with keeping Belgian block curbs in good repair. These recommended amendments were discussed with the Planning Board by the Highway Superintendent and the Town Engineering Inspector at the time they xvere proposed to the Town Board. The Planning Board supports the amendments with one exception: the option to use Belgian block should remain available to developers because of its aesthetic attractiveness compared to concrete curbing." I have a note from the Suffolk County Executive, Department of Planning: "Gentlemen, Pursuant to Sections A 14-14 to 23 of the Suffolk County Administrative Code, the above referenced application is/are not within the jurisdiction of the Suffolk County Planning Commission." And those are the only notices I have on this. SUPERVISOR HORTON: Thank you, Councilman Wickham. We offer the floor to the public on this specific hearing. Would anybody care to address the Board? Mrs. Egan. JOAN EGAN: Good afternoon, again. Joan Egan fi'om East Marion. The only question I have on that, Mr. Horton, is, when Mr. Yakaboski was our attorney, I wrote to him asking who was in charge of the curbing, who was responsible for it. I never received a decent reply. I also wrote to our new Toxvn Attorney, Mrs. Finnegan, and asked her the same question and I have yet to receive a reply to that letter. So at this point, I think the Belgian brick thing with all the lawsuits that the Highway Department had last winter, I think that is a good step to eliminate it because, the less suits, the less problems we have for the Highway Department is fine with me. So, I still at this point, do not know who really is in charge or who repairs the curbing. Is it the responsibility of the owner? SUPERVISOR HORTON: If roads are dedicated to the Town. MS. EGAN: The curbing, though, is what I am .... SUPERVISOR HORTON: That is part of the street, lfroads are officially dedicated to the Toxvn, the Town is responsible for those. MS. EGAN: Very interesting. And the driveways .... SUPERVISOR HORTON: Driveways are .... MS. EGAN: Drivexvays that come right to the road. July 27, 2004 6 Public Hearing-Highway Specifications SUPERVISOR HORTON: They are the responsibility of the homeowner. MS. EGAN: Good. Now wouldn't it have been simple to send a letter in that effect. SUPERVISOR HORTON: Thank you, Mrs. Egan. Would anyone else care to address the Town Board on this public hearing? Yes, sir. RICH GLADD: My name is Rich Gladd, I live on Glen Court in Cutchogue. Could you explain to me what amendments you made as far as the parking over there? SUPERVISOR HORTON: The parking over xvhere? MR. GLADD: At the end of Duck Pond Road. SUPERVISOR HORTON: That public hearing we haven't gotten into yet. That will be, I believe that is the last public heating. We will get into that public hearing. IVlR. GLADD: That will be this evening, though? SUPERVISOR HORTON: Yes, it will be. I can't guarantee what time this evening. MR. GLADD: Okay, thank you. I don't know, I don't know. I don't come to these meetings. SUPERVISOR HORTON: Absolutely and I appreciate you coming to this. Would anybody care to address the Board on this public hearing? Yes, Mr. Geiss. GUNTHER GEISS: Gunther Geiss of Southold. What concerns me and I believe the other members of the Police Advisory Board, is the possibility, which has already occurred, of having 24 foot roadways, which has occurred in some of the affordable housing districts. When neighbors park opposite each other, it becomes very difficult to pass through, particularly with larger vehicles such as delivery trucks and emergency vehicles. And I wonder whether you ought not reconsider, I realize it is not part of this resolution, but reconsider whether or not you want to allow narrow roadways just as a cost saving, when in fact it may produce emergency service problems for the people in that residential area. SUPERVISOR HORTON: Right. Your point is well made and those are points that the Superintendent of Highways also made and I believe, the Planning Board concurs ~vith. Are there other comments on this hearing in regard to the highway specifications? (No response) We will close the hearing. Southold Town Clerk #7030 STATE OF NEW YORK) )SS: COUNTY OF SUFFOLK) Joan Ann Weber of Mattituck, in said county, being duly sworn, says that he/she is Principal clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 weeks successively, commencing on the 8th day of July ,2004. ,~--' " Principal Clerk Sworn to before me this 2004 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN. that there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 29th day of June. 2004 a Local Law entitled "A Local Law in relation to Amendments to Chapter A108 of the Code of the Town of Southold pertaining to Highway Specifications" and NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will hold ap~ ublic hearth~g on the aforesaid Local Law at the Southold Town Hall, 53095 Main Roa~ Southold, New York, on the 27th day of July, 9004 at $:00 p.m. at which time all interested persons will be given an Chap~e[ Al08 of the Code of the Town of Southohl pertaining to Highway Specifications" reads as follows: LOCAL LAW NO. of A Local Law in ~elatinn to Amendments to--~hapter Al0fi of the Code of the Town of Southoldpertainingto Highway Specifications. BE IT ENACTED by the Town Board of thc Town of Southold as follows: 1. Parpos~. In order to ensure the safety, stmctura! integrity, fr~ec~om from haz- ardous materials and proper mamtenanee of th~ Town s h~gl)way~, zt H. Code Amendment. Chapter Al08 of the Code of the Town of Southold is bereby araended as follows: § A108-15. Construction Specifications. The specifications set forth in the follow~ng chart shall apply to all constructed roadways after April 20, 1993: A. Specifications. Minimum Right- Number of Lots of-Way Width Road Width Serviced by Road Zonin~g District Ifeet) (feet) 5 and over A-C, R-40, R-80 50 R-120. AHD and HD !Drawine No. 15-1'1 IDrawine No. 15-11 § A108-21. Base course for asphalt pavement. A. The b~se course shall consist of three-fourths-inch %ione blend or cmsbed con crete compacted to a four-inch depth. Crashed concrete shall be a clean Recycled Concrete Ae~xeeate material that ~s free of hazardous or regulated waste product. Any materiai deemed to be Constmctinn and Demolition IC&DI debris bv the Towp', Inspector shall be rejected. All rejected C&D debris mater~al shall be removed from the site at the Contractor's expense. If clay or other unsmt~ble mate- da s found below the b~e course, it shall be renmved and replaced with twelve inches (12) of compacted bank mn contathmg, fi~teen ~reent 05%) or more of gravel. The twelve-tach replacement depth rna) be modified according to existing conditions as a roved by the Engineer. affect the valicf, ty of ihs aw as a whole or any part ,heceof other than the part so Clerk day of / ./)/~ ,,'/,, . . TOWN OF SOUTItOLD STANDARD ASPHALT ROADWAY l'rot~n'ty line Ri~ht-of-Way TOWN OF SOUTHOLD STANDARD ASPHALT ROADWAY Property line Properly line ,~//~ Right-of-Way Right.of-Way 50' - 0" ~repared and I Appr°ved ~Y Recommended By: Superintendent of H~hways: 703(~ IT 718 LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN, that there has been presented to the Town Board of the Town of Southold, Suffolk County, Nexv York, on the 29th day of June, 2004 a Local Law entitled "A Local Law in relation to Amendments to Chapter Al08 of the Code of the Town of Southold pertaining to Highway Specifications" and NOTICE IS HERBY FURTHER GIVEN that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, New York, on the 27th day of July~ 2004 at 5:00 p.m. at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to Amendments to Chapter Al08 of the Code of the Town of Southold nertainine to Highway Specifications" reads as follows: LOCAL LAW NO. of 2004 A Local Law in relation to Amendments to Chapter Al08 of the Code of the Town of Southold pertaining to Highway Specifications. BE IT ENACTED by the Town Board of the Toxvn of Southold as folloxvs: I. Purpose. In order to ensure the safety, structural integrity, freedom from hazardous materials and proper maintenance of the Town's highways, it is necessary to implement certain amendments to the Town Highway Specifications. II. Code Amendment. Chapter Al08 of the Code of the Town of Southold is hereby amended as follows: § A108-15. Construction Specifications. The specifications set forth in the following chart shall apply to all constructed roadways after April 20, 1993: A. Specifications. Number of Lots Serviced by Road Zoning District Minimum Right- of-Way Width Road Width (feet) (feet) 5 and over A-C, R-40, R-80, R-120, AHD and HD § A108-21. Base course for asphalt pavement. 50 2--8 (Drawing No. 15-1) o_[r 24 (Drawing No. 15-2) The base course shall consist of three-fourths-inch stone blend or crushed concrete compacted to a four-inch depth. Crushed concrete shall be a clean Recycled Concrete Aggregate material that is flee of hazardous or regulated waste product. Any material deemed to be Construction and Demolition (C&D) debris by the Town's Inspector shall be reiected. All reiected C&D debris material shall be removed from the site at the Contractor's expense. If clay or other unsuitable material is found below the base course, it shall be removed and replaced with twelve inches (12) of compacted bank run containing fifteen percent (15%) or more of gravel. The twelve-inch replacement depth may be modified according to existing conditions as approved by the Engineer. Town of Southold Department of Highways Standard Drawing Number 15-1, Standard Asphalt Roadway, is deleted and replaced with the attached Drawing Number 15-1. Town of Southold Department of Highways Standard Drawing Number 15-2, Standard Asphalt Roadway, is deleted and replaced with the attached Drawing Number 15-2. Town of Southold Department of Highways Standard Drawing Number 39-1, Standard Granite Curb Details, is deleted. III. SEVERABILITY If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. IV. EFFECTIVE DATE This local law shall take effect immediately upon its filing in the office of the Secretary of State in accordance with Section 27 of the Municipal Home Rule Law. T()WN ()F ~(IUTIlOI.I) STANI)ARI) ASPIIAI.T R()AI)WAY I$-1 TOWN OF SOUTIIOLI) ST/\NDARI) ASPHAi/I' ROAI)WAY 15-2 Dated: June 29, 2004 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk PLEASE PUBLISH ON JULY 8~ 2004~ AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL, PO BOX 1179, SOUTHOLD, NY 11971. Copies to the following: Traveler Watchman Planning Building Town Clerk's Bulletin Board Town Board Members Town Attorney Zoning Board of Appeals Highway STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold, New York being duly sworn, says that on the ~3 day of ~ ,2004, she affixed a notice of which the annexed printed notice is a true cdp'y, in a proper and substantial manner, in a most public place in the Town of Southold, Suffolk County, New York, to wit: Town Clerk's Bulletin Board, 53095 Main Road, Southold, New York. NOTICE OF PUBLIC HEARING TO BE HELD ON: July 27~ 2004~ 5:00 p.m. -- -C57Eifzab~th A. N(ville Southold Town Clerk Swom before m4'khis ~ ~..~d~ayof ~¢t~-n-~ ,2004. Not~:y Public LYNDA M. BOHN NOTARY PUBLIC, State of New York No. 01 BO6020932 Qualified in Suffolk County Term Expires March