Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
1000-44.1-1-17
68 2 NAR ~1 ~q80 VA- Io : lF l~. ~ 1980 / / iz/ / i ... ( (F ( :OSTA, ASSOCIA~ i~ects Brooklyn, b, Ij I'I-9 ale SUFFOLK COUNTY CLERK'S OFFICE ~rch 2~., 19~0 O~ner: l~ee Village Om'p, To Whom This May Concern: The Subdivision Map of: SEA BRE~:ZE VILL^G~', CONDf;~INIUM Was Filed, 3/21ff¢0 ,~ 10=15 A.a. Filed Number, ST XT~' Abstract Number, Township, 30~ghOld Book, Page, Very truly yours, County ~erk Map Department Form No. 49 HENRY E. RAYNOR. Jr.. Chairman FREDERICK E. GORDON JAMES WALL BENNETT ORLOWSKI. Jr. GEORGE RITCHIE LATHAM, Jr. Southold, N.Y. 11971 March 18, 1980 TELEPHONE 765- 1938 'Mr. E. M. Kontokosta Kontokosta Associates 26 Court Street Brooklyn, New York ll201 Dear Mr. Kontokosta: The following action was taken by the Southold Town Planning Board at a regular meeting held March 10, 1980. RESOLVED to reaffirm approval of the site plan'of Sea .Breeze Village, original approval dated October 10, 1978 and approval of revision dated July 23, 1979, and authorize the chairman to sign same in order for it to be filed in the Suffolk County Clerk's Office. Yours truly, HENRY E. RAYNOR, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Muriel Tolman, Secretary HENRY E. RAYNOR. Jr. Chairman FREDERICK E. GORDON JAMES WALL BENNETT ORLOWSKI. Jr. GEORGE HITCHIE LATHAM. Jr. Southold, N.Y. 11971 October 2, 1980 TELEPHONE 765- 1938 Mr. E. M. Kontokosta Kontokosta Associates 43 West 54th Street New York, New York lO019 Dear Mr. Kontokosta: The following action was taken by the Southold Town Planning Board at a regular meeting held September 22, 1980. RESOLVED to approve the following revisions to the approvsd site plan for Sea Breeze Village condominiums: 1. Substitute Black Pines - minimum height 3'0" for parking screen on both east and west parking areas in lieu of juniper hedge. 2. Substitute fifteen (15) 6'0" high, 100 watt, light posts as presently installed in lieu of site lighting indicated on plan. 3. Add twenty seven (27) black pines 3'0" in hei~ planted on the front property line 10'O" on center. Yours truly, HF/~Y E. RAYNOR, JR., CHAIRMAN SOUTHOLD TOWYI PLANNING BOARD Copy to Building Department By Muriel Tolman, Secretary HENRY E. RAYNOR. Jr.. Chairman FREDERICK E. GORDON JAMES WALL BENNETT ORLOWSKI, Jr. GEORGE RITCHIE LATHAM. Jr, TO ,D SL~zx Southold, N.Y. 11971 September 19, 1980 TELEPHONE 765- 1938 5~. Edward Hindermann, Building Inspector Town. Hall Southold, New York 11971 Dear Mr. Hindermann: I am in receipt of your letter of September 2, 1980 in regard to Sea Breeze condominiums. On September 12th, Mr. Fred Gordon, Mr. George Fisher and I inspected this property. Ail three variances noted in your letter were discussed and an amendment will be forthcoming for consideration by the Planning Board on September 22nd. The variances noted by the building inspectors on various inspections enable us to take expeditious action on these matters. I would suggest that the one inspector certifying site plans ~under Article XIII Section 100-130C be allowed to inspect for the applicant's request for certificates of occupancy better enabling any variances to be found prior to that time. Yours truly, HER/mt Copy to George Fisher, Sr. E. M. Kontokosta HENRY E. RAYNOR, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD Building Inspector KONTOKOSTA ASSOCIATES ° ENGINEERS/ARCHITECTS 43 west 54th street / new york city, new york 10019 / 212-582-6100 e.m. kontokosta p.e. gary rogers r.a. September 12, 1980 Mr. Henry E. Raynor, Jr. Chairman Southold Town Planning Board Southold Town Hall Southold, New York 11971 Re: SEA BREEZE VILLAGE CONDOMINIUMS Dear Mr. Raynor: As per our discussion during site on September 5, 1980, we to the below listed revisions above captioned project. your committee's inspection of the are herein requesting your approval to the approved site plan for the 1. Substitute Black Pines-min. hgt 3'-0" for parking screen on both east and west parking areas in lieu of juniper hedge. 2. Substitute fifteen (15) 6'-0" high, 100 Watt, light posts presently installed in lieu of site lighting indicated on 3. Add twenty seven (27) black pines 3'-0" in height planted the front property line 10'-0" on center Your favorable decision is respectfully requested. plan. on E.M. Kontokos t~ ~-p, e'~ EMK/ck TOWN OF $OUTHOLD OFFICE OF BUILDING INSPECTOR TOWN HALL SOUTHOLD, N. Y. 11971 765-1802 September 3, 1980 Henry E. Raynor, Jr., Planning Board Town of Southold Main Road Southold, N.Y. 11971 Chairman Re: Sea Breeze Village Dear Henry: It has not been the policy of this department to make detail inspections of site plans. During our normal building inspections, if we notice anything not as on the approved site plan, we contact the Planning Board. Ed reports he noticed trees along the street line that are not on the site plan. Also, there is no screening for the parking area. He did not make a detail inspection. Mr. Kontakosta is anxious to receive his final Certificate of Occupancy for the last five (5) units. We cannot issue the final Certificate of Occupancy until we have your approval to do so. Very truly yours, GEORGE H. FISHER Sr. Building Inspector GHP/mw KONTOKOSTA ASSOCIATES ° ENGINEERS/ARCHITECTS 43 west 54th street / new york city, new york 10019 / 212-582-6100 e.m. kontokosta p.e. gary rogers r.a. September 12, 1980 Mr. Henry E. Raynor, Jr. Chairman Southold Town Planning Board Southold Town Hall Southold, New York 11971 Re: SEA BREEZE VILLAGE CONDOMINIUMS Dear Mr. Raynor: As per our discussion during your committee's inspection of the site on September 5, 1980, we are herein requesting your approval to the below listed revisions to the approved site plan for the above captioned project. 1. Substitute Black Pines-min. hgt 3'-0" for parking screen on both east and west parking areas in lieu of juniper hedge. 2. Substitute fifteen (15) 6'-0" high, 100 Watt, light posts as presently installed in lieu of site lighting indicated on plan. 3. Add twenty seven (27) black pines 3'-0" in height planted on the front property line 10'-0" on center Your favorable decision is respectfully requested. Y o ~1~)/~r u 1 y, ~. [.Iq. KontoKos ~:a ~p~e. EMK/ck TOWN OF SOUTHOLD OFFICE OF BUILDING INSPEGTOR TOWN HALL SOUTHOLD, N, Y. 11971 765-1802 September 3, 1980 Henry E. Raynor, Jr., Planning Board Town of Southold Main Road Southold, N.Y. 11971 Chairman Re: Sea Breeze Village Dear Henry: It has not been the policy of this department to make detail inspections of site plans, During our normal building inspections, if we notice anything not as on the approved site plan, we contact the Planning Board. Ed reports he noticed trees along the street line that are not on the site plan. Also, there is no screening for the parking area. He did not make a detail inspection. Mr. Kontakosta is anxious to receive his final Certificate of Occupancy for the last five (5) units. We cannot issue the final Certificate of Occupancy_until we have your approval to do so. Very truly yours, GEORGE H. FISHER Sr. Building Inspector GHF/mw KONTOKOSTA ASSOCIATES ° ENGINEERS/ARCHITECTS 43 west 54th street / new york city, new york 10019 / 212-582-6100 e.m. kontokosta p.e. gary rogers r,a. September 12, 1980 Mr. Henry E. Raynor, Jr. Chairman Southold Town Planning Board Southold Town Hall Southold, New York 11971 Re: SEA BREEZE VILLAGE CONDOMINIUMS Dear Mr. Raynor: As per our discussion during your committee's inspection of the site on September 5, 1980, we are herein requesting your approval to the below listed revisions to the approved site plan for the above captioned project. 1. Substitute Black Pines-min. hgt 3'-0" for parking screen on both east and west parking areas in lieu of juniper hedge. 2. Substitute fifteen (15) 6'-0" high, 100 Watt, light posts as presently installed in lieu of site lighting indicated on plan. 3. Add twenty seven (27) black pines 3'-0" in height planted on the front property line 10'-0" on center Your favorable decision is respectfully requested. EMK/ck TOWN OF $OUTHOLD OFFICE OF BUILDING INSPECTOR TOWN HALL SOUTHOLD, N. Y. 1197! 765-1802 September 3, 1980 Henry E. Raynor, Jr., Chairman Planning Board Town of Southold Main Road Southold, N.Y. 11971 Re: Sea Breeze Village Dear Henry: It has not been the policy of this department to make detail inspections of site plans. During our normal building inspections, if we notice anything not as on the approved site plan, we contact the Planning Board. Ed reports he noticed trees along the street line that are not on the site plan. Also, there is no screening for the parking area. He did not make a detail inspection. Mr. Kontakosta is anxious to receive his final Certificate of Occupancy for the last five (5) units. We cannot issue the final Certificate of Occupancy until we have your approval to do so. Very truly yours, GEORGE H. FISHER Sr. Building Inspector GHF/mw KONTOKOSTA ASSOCIATES 26 COURT STREET BROOKLYN, NEON YORK 11201 MAIN 4-5177 February 29, 1980 Ms. Muriel Brush, Sec'y. Planning Board Town of Southold Town Hall Southold, New York 11971 Re: Sea Breeze Village Dear Ms. Brush: We are in the process of paper prints of the site require the signatures of preparing the required cloth, mylar and plan for the above captioned project, which the various town and county agencies. So as to intercept any additional tion your agency may require, we the site plan for your review prior to EMK/ck Enclosure. requirements as to form or presenta- are forwarding herewith a copy of its signing. / HENRY E. RAYNOR, Jr., Chairman FREDERICK E. GORDON JAMES WALL BENNETT ORLOWSKI, Jr. GEORGE RITGHIE LATHAM, Southold, N.Y. 11971 February 5, 1980 TELEPHONE 765-1938 Mr. George Fisher, Sr..Building Inspector Town Hall Southold, New York 11971 Dear Mr. Fisher: The following action was taken by the Southold Town Planning Board at a regular meeting held January 29, 1980. RESOLVED to accept Report No. 114 of John W. Davis, Platting Board Inspector, said report dated January 14, 1980 regarding Sea Breeze Village at Greenport. I enclose copy of the report. Yours truly, HENRY E. RAYNOR, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD Enclosure Copy to E. Kontokosta By Mu~iel Tolman, Secretary Henry E. Ra~rnor, Jr., Chairman Southold Town Planning Board Report: No. 11~ Da+e: January l~, 1980 FROM: John W. Davis COMME~: RE: SEABREEZE VILLAGE at GREENP~RT Reference is made to letter dated January 2~ 1980 from E.M. Kontokcsta~ P.E. regarding the aoolication of the surface co~rses on the stone blend base in the soring. ~he ~" stone base was placed on December 18~ 1979. According to *he contractors 131 tons of stone were ~sed. Asphalt, plants us~mlly close for the winter ~onths on December 15th. Corrazzini ~nd $on~ who are doing the roadwork for the subdivi'sio$ closed their alan+ for liq~:id asphalt work several weeks ago. ~he tyoe of s.rface courses to be used here cannot be placed satisfactorily in winter weather. 7here is no harm in waiting until spring weather to complete the road section. Constr~ction ±raffic through the winter might develop subgrade deficiencies that otherwise might not be noticed. Prior to olacing the top courses in suitable spring weather~ the ~" stone base can be checked for depth and any necessary repairs. KONTOKOSTA ASSOCIATES ~tt~'neera - (~rc~itecta 2. 6 C O U R T S T R E: I-- T BROOKLYN, NEW YORK 112.O1 MAIN 4-5'J 77 January 2, 1980 Mr. Henry E. Raynor, Jr-Chairman Planning Board Town of Southold Southold, New York 11971 Re: Sea Breeze Village Dear Mr Raynor: We respectfully request that the resolution passed at the regular meeting of the Town Planning Board held on December 17, 1979 re- garding the partial completion of the site work for Sea Breeze Village be amended to delete the application of the two coats of liquid asphalt from the work required to be performed immediately. We have been advised that the asphalt plant is closed for the winter months and the stone chips,which have already been placed, can not be surfaced with the asphalt until spring. Your favorable consideration ciated. to this request will be greatly appre- Permi~ No.....~.~.~l PERMIT UNDER SECTION 13& of ARTICLE VI of HIGH~ L~ I ~/~ or co~=. a~ wot, In or u~n such ~ad. or ~.t~ct a.y ov~rh.d or un~r~' ~l~r~e~ ~' - ~v--.t o.~ a.y oth*. pu~ole authorlz, by this ..tlon. but only after ..uti., a pc=it ~~' O~ hu~d~ ~]~ nor more than one thousand dolla~ for ~ch day of such violation to be ~over~ -~, ,- .......... t] an WHEREAS, a certain highway known as the ]~1.~'~ ~ M has been improved and is on the Suffolk County Road~sTe-~-an'd"~ C~ No. o.~ Vam-~EAS. KAr,~. VILLAGE CORP. ,'~ ~ 24, ~]~lrt 8to, B~, II.T. 11~01 ~ ~ ~u~ts ~ission to oo __ -.-, ..... ( to do said work u~n the [ol]owinK ~iLLAG~' CORP, , co~ ~ ~ ~h of ~e pro~ exe&y&flon gd for the full ~el ~th. ~ ~e cut is ~ ~p ~ ~deml~rl lin pavement within 10 feet of the panel Joint, the l~vement ~hhil be removed fu I p~mel width from the cut on the far side of the excavation to the panel joint. 2. BaektiH ~md thoroughly compact fill usin~ POWER TAMPER, placing soils so that vaxlous types of soil are in same relative position as before excavating. Grade to origtnai surface. $. Replace pavement, sidewalk or surface same as existing; ff concrete, replace u~lng 1:1~:3~ mix stone mix concrete; ff bituminous material, replaco using same type ~ removed. 4. If concrete curb is rumored, replace with similar curb 1:1~ :3~ mix. 5. Edge of Jacking Pits or any other excavation shah be not less th~n 5 feet from Edge of Pavement. No undercutting allowed In Pit. 6. Notify the Department at Y~pha~k 4-~451 when the work is to begin ~o that inspection can be made of the opecatiom This permit shall not be assigned or transferred without the written consent of the Comnfissiuner of Public Works. The work authorized by this permit shall be performed under the supervision and to the satisfaction of the Com- missioner of Public Works or his representative. Particular attention is called to the necessity of thoroughly compacting the beck fill, which will be required by the Commissioner of Public Works. The Com~f~ssioner of PublJc Works shall be given one week's notice by said applicant of the date when it in- tends to begin the work authorized by this permit, and prompt notice of its completion. The said applicant hereby agrees to hold the State, County and Town harmless on account of damages of any kind which may arise during the progress of the work authorized by this permit or by reason thereof. Applicant certifies all persons concerned with actual work under this permit are duly Covered by Workmen's Corn- pensation Insurance and the State, County and Town shall be held harmless on account thereof. The Commissioner of Public Works reserves the right to at any time revoke or annul this permit should the said applicant fail to comply with the terms and conditions upon which it is granted. The applicant agrees to pay all necessary expenses incident to supervision and inspection b reason grtmtthg of such permit as certified by the Commissioner of Public Works s-,-~- ........... Y -. of the Work under this permit to be commenced within thirty days from the date of permit and continued in an expeditious manner. The applicant shall sobmit a detailed plan of structure to be built, with a description of p~ method of It is understood that should future changes in the alignment or grade of the highway require changes in the work covered by this application and permit, the applicant shall on reasonable notice from the Commiasioner of Public Works make such necessary changes at his own expense within the time so specified in notice. Traffic shall be maintained by the applicant on this section of the highway while the work is In progress and until its final completion. A Certified Check Bond Cash in the sum of $..4~...0~...~...~p. ayable to the County Treasurer of Suffolk County is on file deposltod az security that the highway will be restored to its original condition where disturbed at the exp~n~e of the appUcant, as soon as the work has been corrjpieted, and the said Commissioner of Public Works is hereby authorized to expend ail ol:-~'lmuch of such deposit a~may be necessary for that purpose, should the said applicant neglect or re, use to perform thtr wo]~. ,,-'--'--,/ / ' / In ~lsi~l/~tion o~g~t~ perro~t the u~,dersigned accepts it subject to conditions described. .... ... ............ ~' Commissioner of Public Works, Suffolk County lNG UNDERGROUND FACILITIES, PLEASE CALL LONG ISLAND LIGHT- COM'PANY 2-9000 OR FOR TELEPHONE FAClLri'L~'S CALL N. 1r. TEL. CO. 2-OFFICIAL 25 BEFORE STARTING THE WORK AUTHORIZED BY THIS PERMIT. HENRY E. RAYNOR. ~.,Chairmaa FREDEEICK E. GORDON JAMES WALL BENNETT ORLOWSKI, ~. GEORGE RITCHIE LATHAM, Jr. Southold, N.Y. 11971 December 18, 1979 TELEPHONE 765- 1938 Mr. E. M. Kontokosta Kontokosta Associates 26 Court Street Brooklyn, New York ll201 Dear Mr. Kontokosta: The following action was taken by the Southold Town Planning Board at a regular meeting held December 17, 1979. RESOLVED to approve the ~equest of Kontokosta Associates for Sea Breeze Village to construct'a stone blend access road to be surfaced with two coats of liquid asphalt, both with stone chips or l-l/2 inches of plant mix black top, to go up to and immediately in front of the completed units along with the west parking area and the applicable site lighting for said areas. The balance of the required work will be done as the other units are completed and ready for occupancy. This has been agreed to by John W. Davis Planning Board Inspector. ' Yours truly, Copy to Building Inspector Muriel Tolman, Secretary Southold Town Planning Board 70: WENRY E. RAYNOR, JR., CHAIRMAN Report, No. 106 SOT~HOLD ~OWN PLANNING BOARD Date: December 13, 1979 ~ROM: John W. Davis COMMEN~S: RE: Seabreeze Village at Greenport h" Gravel Surface for Road and Parking I inspecte~ the site to check the existing msterial ±hat would be +he subbase for the h" course. "he msterial apoears to be a mixture of sandy loam with possibly a small percen+age of clay. It compacts ,~nSer constr~,ction equipment to a very b~rd surface. Small snd large bo,~lders have been lo,md in the excavation. Considerable grading remains to be done in the section of the access road and the west parking area which is to be done now ss noted in the letter from Kontokosta Associates. I disc~ssed the psvement section to be ~sed with a representative of the general contractor, Metrohouse Constr~ctors, Inc. The h" course is not grevel; it is stone blend which is a mixt~re of 3/~" stone and screenings. The surface co~rse will be *wo cos+s of liquid asphalt, both with stone chips or l~" of plant mix black top. Corrazzini and Sons will do the work, and I verified the pavement section with them. Provided the developer can do the necessary grading and compaction before extreme cold weather, the h" stone base course should be satisfactory for winter use. Any deficiencies can be corrected in soring weather. I concur with the developer's proposal. KONTOKOSTA ASSOCIATES ENGINEERS · ARCHITECTS · R.A. ANTHONY GELIA December 6, 1979 Mr. Henry E. Raynor, Jr.-Chairman Planning Board Town of Southold Southold, New York 11971 Re: Sea Breeze Village Dear Mr. Raynor: We have been in contact with the building department regarding the issuance of the certificates of occupancy for the four completed units (3A,3B,3C,3D) at Sea Breeze Village. However, prior to giving further consideration to our request, they have asked that we contact the Planning Board for their comments and preliminary approval as to our intent to partially complete the site work at this time so as to provide access to the four units during the winter months. We are proposing to construct with a 4"thick gravel surface,part of the access road up to an immediately in front of the completed units along with the west parking area, and the applicable site lighting for said areas. Our purpose is to provide access to the units during the winter months, and will complete the balance of the required work as the other units are completed and ready for occupancy. We fervently hope that you will act favorably on this request, which will allow the transfer of title to these four units to the prospective buyers, thus assuring them of a 10% mortgage for the next 30 years. Needless to say, you have balance of the site work will also the fact that the site work will the issuance of the ~f O's for the EMK/ck not only my professional assurance that the be completed as per the site plan, but have to be completed prior to last units. e 26 Cou~ Street Breoklyn, b York 11201 Att~ntieu: Ibmmol l~tekMm, P.E. · ,,,-,---- "---"-----,* Siac~ this is tim ...... --'-- --' -'" -'-' wive ! E. RAYNOR. gr. ~ Ch~. .:RICK E. GORDON : WALL ett 0rlowski, Jr. S~Y $outhold, N.Y. 11971 september 10, 1979 TELE~ 765- Mr. A. Barton Cass Dept. of Public Works Yaphank Avenue· Yaphank, New York 11980 Dear Mr. Cass: I am writing regarding the property known as "Sea Breeze Village" located in the Town of Southold. The Superintendent of Highways did not require sidewalks for this project. The Planning Board also approved the site plan without sidewalks. Yo ~urs truly, Muriel Tolman, Secretary Southold Town Planning Board Fa'. ~,~-uel M. Kontokosta 26 Cou~t Street B~ooklyn, Ne~ York 11201 Dear l~h-, Kontokosta~ The following action was ~kem by the Southold Town Bom~i at a regular meeting held July 25, 1979. RESOLVED to approYe the revised s~te plan received July 5, 1979 f°rm~I~ns escr e as presented ~y E. M. ~s~, P.E. ~e revi~ ~ ~ foll~: 1. The westerly building ~arked ~A, ~B, ~C, 4D is to be relocated approximately 12'9" south of its present location, aligning the fret lmll of unit ~A with the front well of unit ~D. This will increase the setback di~ension between the shore line and unit ~D, thus ~Lul~lzing any visual obs+~ruction unit ~D mey create to the property owner on the vest. Side yard setback and distance between buildings are to remain as originally approved. : The exl.sting one fa~ly d~elllng (shown dotted on the dia.-am) is to be demolished, thus decreasLn~ the land 'use density fr~m 17 units to 16 units. ThLs structur~ wes found to be recite infested and struc~y unsound, thus unsuitable for renovation. The westerly 1~ car parkin~ area is to be rearranged and KONTOKOSTA ASSOCIATES ~n~t~'neera - c~rc~'tecta 26 COURT STREET BROOKLYN, NEW YORK 11201 July 3, 1979 Mr. Henry E. Raynor,Jr. Chairman Southold Town Planning Board Southold Town Hall Main Road Southold, New York 11971 Re: SEA BREEZE VILLAGE Dear Mr. Raynor: We are herein requesting your review and approval on three proposed revisions to the approved site plan for the above captioned project. The enclosed diagram will assist in indicating the extent of the revisions which are described as follows: The westerly building marked 4A,4B,4C,4D is to be relocated approximately 12'-0" south of its present location, aligning the front wall of unit 4A with the front wall of unit 3D. This will increase the setback dimension between the shore line and unit 4D, thus minimizing any visual obstruction unit 4D may create to the adjoining property owner on the west. Side yard setback and distance between buildings are to remain as originally approved. The existing one family dwelling (shown dotted on the attached diagram) is to be demolished, thus decreasing the land use density from 17 units to 16 units. This structure was found to be termite infested and structurally unsound, thus unsuitable for renovation. The westerly 14 car parking area is to be re-arranged and re- located approximately 15'~0" south from the originally approved location, (See attached d3agram) still maintaining the same number of parking spaces, same width of road, site lighting, all as originally approved. Your favorable decision is respectfully EMK/ck requested. FROM: RICHARD F. LARK ATTORNEY AT LAW MAIN ROAD -P. O. BOX 973 CUTCHOGUE, NEW YORK 11935 DATE: October 12, 1978 ATTENTION: Muriel Brush TO: Southold Town Planning Board Southold Town Hall Main Street LSouthold, New York 11971 SUBJECT: Sea Breeze Village MESSAGE Dear Mrs. Brush: In connection with the above- captioned matter, I am enclosing the application fee of $25.00. Very truly yours, F. L~rk REPLY DATE: (mld) SIGNED: THIS COPY FOR PERSON ADDRESSED RIGHARD F. LARK ATTORNEY AT LAW MAIN ROAD - P, O, I~OX 9?3 CUTCHOGUE, NEW YORK 11939 September 11, 1978 Southold Town Planning Board Town Hall Main Road Southold, New York 11971 ATT: John wickham, Chairman RE: Sea Breeze Village - Site Plan Dear Mr. wickham: I am in receipt of a letter dated August 30, 1978 from the secretary of the Planning Board in connection with the above-captioned matter. Frankly, I do not understand the letter in that on July 17, 1978, the Planning Board at a regular meeting approved the site plan pursuant to Article XII of the Southold Town Zoning Ordinance. The approval was subject to a rear yard setback being equal to the adjacent property to the west, and on the easterly boundary be not closer than 75 feet from the top of the bluff. It is my under- standing the applicant has filed with the Planning Board a map showing compliance with the setbacks. As I previously indicated to you in my letter of July 11, 1978, there has been a great deal of confusion surrounding this entire application. It would appear that the letter of August 30, 1978 must refer to another application. The planting and lighting schedule referred to appear in detail on the revised site plan dated May 25, 1978. In reviewing the Zoning ordinance, I can find neither a requirement for seuarate sheets for this information nor a requirement which requires the pro- files of each of the proposed buildings. If you will recall, Mr. Emanuel Kontokosta the engineer who represents the applicant in this matter, presented as part of the revised site plans, individual unit plans with elevations and these were discussed in great detail with the Board. As part of his presentation, he also outlined to the Board that the front yard would remain much in a natural state with grass being planted in the areas that are not utilized by the access roads and parking areas. Further, if you will check the minutes of the meeting on June 5, 1978, you will find that there was a great deal of discussion concerning the hookup with the Greenport Sewer System. As was previously explained, the Suffolk County Department of Health had determined that this was not feasible both from a technical and economic point of view. Southold Town Planning Board ATT: John Wickham, Chairman -2- September 11, 1978 As a matter of fact, since the approval of the site plan by the Planning Board on July 17, 1978 and the action of the Planning Board on July 31, 1978, declaring a negative declara- tion under the Environmental Review Statute, Mr. Kontokosta has gone ahead and obtained Suffolk County Department of Health approval for the proposed water hookups and sanitary systems. He is in the final stages of drawing his plans for a building permit, which I anticipate will be submitted to the Building Inspector in the very near future. If you will review your file on this matter, I think you will find that the revised site plan dated May 25, 1978, which was previously approved by the Planning Board does in fact comply with all the site plan ~lements in the Zoning Ordinance. I would appreciate if you review this matter to clear up any confusion that might exist. If you have any questions, do not hesitate to call. Very ~uly yours, RFL/bd PART 617 STATE ENVIRONMENTAL QUALITY REVIEW (Statutory authority: Environmental Conservation Law, S8-0113) Section 617.1 617.2 617.3 617.4 617.5 617.6 617.7 617.8 617.9 617.10 617.11 617.12 617.13 617.14 617.15 617 · 16 617.17 617.18 Authority, intent and purpose Definitions General rules · Individual agency procedure to implement SEQR Initial review of actions Designation of lead agency and determination of significance for Type I actions Designation of lead agency and determination of significance for unlisted actions EIS procedures Decision making and findings requirements Notice and filing requirements Criteria Type I list Type II list Preparation and content of EIS's Programmatic or generic EIS's Actions involving a federal agency Fees and costs Confidentiality Section 617.1 Authority, intent and purpose. (a) This Part is adopted pursuant to section 8-0113 of the Environmental Conservation Law to implement the provisions of the State Environmental Quality Review Act ("SEQR"). (b) In adopting SEQR it was the Legislature's intention that all agencies conduct their affairs with an awareness that they are stewards of the air, water, land, and living resources, and that they have an obligation to protect the environment for the use and enjoyment of this and all future generations. (c) The basic purpose of SEQR is to incorporate the consideration of environmental factors into the planning, review and decision making processes of state, regional and local government agencies at the earliest possible time. To accomplish this goal, SEQR requires that all agencies determine whether the actions they directly undertake, fund or approve may have a significant effect on the environment; and if it is determined the action may have a significant effect, to prepare or request an environmental impact statement. (d) It was the intention of the Legislature that the protection and enhancement of the environment, human and community resources should be given appropriate weight with social and economic considerations in public policy, and -2- that those factors be considered in reaching decisions on proposed activities. Accordingly, it is the intention of these regulations that a suitable balance of social, economic and environmental factors be incorporated in the planning and decision making processes of state, regional and local agencies. It is not the intention of SEQR that environmental factors be the sole consideration in decision making. (e) This Part is intended to provide a statewide regulatory framework for SEQR's i~plementation by all state and local agencies. It includes: (1) procedural requirements for compliance with the law; (2) provisions for coordinating multiple agency environmental reviews through a single lead agency (617.6 and 617.7); (3) criteria to determine whether a proposed action may have a significant effect on the environment (617.11); (4) model assessment forms to aid in determining whether an action may have a significant effect on the en- vironment (Appendices A and B); and (5) examples of actions and classes of actions which are likely to require an EIS (617.12), and those which will not require an EIS (617.13). -3- 617.2. As used requires: (a) "Act" means vation law (SEQR). (b) "Actions" include: (i) (ii) (iii) agency or agencies; Definitions. in this Part, unless the context otherwise article 8 of the environmental conser- (1) projects or physical activities, such as construction or other activities, which change the use or appearance of any natural resource or structure which: are directly undertaken by an agency, involve funding by an agency, or require one or more permits from an or (2) planning activities of an agency that commit the agency to a course of future decisions; (3) agency rule, regulation, procedure and policy making; and (4) combinations of the above. NOTE: Capital projects commonly consist of a set of activities or steps (i.e., planning, design, contracting, construction and operation). For purposes of this Part, the entire set of activities or steps can be considered an action. If it is determined that an EIS is necessary, only one draft and one final EIS need be prepared on the action if the statements address each step at a level of detail sufficient for an -4- adequate analysis of environmental effects. In the case of a project or activity involving funding or a permit from an agency, the entire project shall be considered an action, whether or not such funding or permit relates.to the project as a whole or to a portion or component of it. (c) "Agency" means a state or local agency. (d) "Applicant" means any person making an application or other request to an agency to provide funding or to grant an approval in connection with a proposed action. (e) "Approval" means a decision by an agency to issue a permit or to otherwise authorize a proposed project or activity. (f) "Commissioner" means the commissioner of environ- mental conservation. (g) "Communi%y or publicly owned utilities" means community or publicly owned water system, sewerage system and sewage treatment works. (h) "Department" means the department of environmental conservation. (i) "Direct action" or "directly undertaken action" means an action planned and proposed for implementation by an agency. Direct actions include but are not limited to capital projects, rule-making, procedure-making and policy- making. (j) "Environment" means the physical conditions which will be affected by a proposed action, including land, air, -5- water, minerals, flora, fauna, noise, objects of historic or aesthetic significance, existing patterns of population concentration, distribution or growth, and existing community or neighborhood character. (k) "Environmental assessment form" (EAF) means a form used by an agency to assist it in determining the environ- mental significance or non-significance of actions.' A properly completed EAF shall contain enough information to describe the proposed action, its location, its purpose and its potential impacts on the environment. A model EAF contained in Appendix A of this Part may be modified by an agency to better serve it in implementing SEQR, or a different EAF may be adopted, provided its scope is similar to that of the model. The term, "short form EAF," used in 617.7, means a simplified EAF that may be used by an agency to determine whether it has sufficient information on which to determine the environmental significance or non-significance of an unlisted action. A model short form EAF, contained in Appendix B may be modified by an agency to better serve it in implementing SEQR, or a different short form EAF may be adopted, provided its scope is similar to that of the model and its use shall be limited to unlisted actions. (1) "Environmental impact statement" means a written document prepared in accordance with 617.14. An environ- mental impact statement (EIS) may either be a "draft" or a -6- "final" and, as appropriate in context, it may include a federal draft or final EIS. (m) "Excluded action" means an action which was undertaken, funded or approved prior to the effective dates set forth in SEQR (see, Chapters 228 of the Laws of 1976, 252 of the Laws of 1977 and 460 of the Laws of 1978). (n) "Exempt action" means any one of the following: (1) enforcement or criminal proceedings or the exercise of prosecutorial discretion in determining whether or not to institute such proceedings; (2) ministerial acts; (3) maintenance or repair involving no substantial change~ in an existing structure or facility; (4) with respect to the requirements of sub- division 2 of section 8-0109 of SEQR, actions requiring a certificate of environmental compatibility and public need under article VII or VIII of the public service law and the consideration of, granting or denial of any such certificate; (5) with respect to the requirements of sub- division 2 of section 8-0109 of SEQR, actions subject to the jurisdiction of the Adirondack park agency pursuant to section 809 of the executive law including actions of the Adirondack park agency thereunder, and actions subject to the jurisdiction of local governments pursuant to section 808 of the executive law and actions of such local govern- ments pursuant thereto; -7- (6) actions which are immediately necessary on a limited emergency basis for the protection or preservation of life, health, property or natural resources; and (7) actions of the Legislature of the state of New York or of any court. (o) "Funding" means any financial support given by an agency including contracts, grants, subsidies, loans or other forms of direct or indirect financial assistance in connection with a proposed action. (p) "Involved agency" means an agency that has juris- diction by law to fund, approve, or directly undertake a given action. (q) "Lead agency" means an agency principally respon- sible for carrying out, funding, or approving an action, and therefore responsible for determining whether an environ- mental impact statement is required in connection with the action and for the preparation and filing of the statement if one is required. (r) "Local agency" means any local agency, board, authority, district, commission or governing body, including any city, county and other political subdivision of the state. (s) "Ministerial act" means an action performed upon a given state of facts in a prescribed manner imposed by law without the exercise of any judgement or discretion as to -8- the propriety of the action, such as the granting of a driver's license, although such law may require, to a limited degree, a construction of its language or intent. (t) "Person" means any agency, individual, corporation, governmental entity, partnership, association, trustee or other legal entity. (u) "Permit" means a permit, lease, license, certificate or other entitlement for use or permission to act that may be granted or issued by an agency. (v) "Physical alteration" includes but is not limited to the following activities: vegetation removal; demolition; stockpiling materials; grading and other forms of earth work; dumping, filling or depositing; excavation or trenching; dredging; flooding or draining; paving; construction of buildings, structures or facility. (w) "Residential" means any facility used for permanent or seasonal habitation including, but not limited to, realty subdivisions, apartments, mobile home parks, and campsites offering any utility hookups for recreational vehicles. It shall not include such facilities as hotels, hospitals, nursing homes, dormitories, or prisons. (x) "State agency" means any state department, agency, board, public benefit corporation, public authority or commission. (y) "Type I action" means an action or class of actions listed in 617.12. When the term is applied in -9- reference to an individual agency's authority to review or approve a particular proposed project or action, it shall also mean an action or class of actions listed as Type I actions in that agency's own procedures to implement SEQR adopted pursuant to 617.4. (z) "Type II action" means an action or class of actions which ~s ~listed in 617.13. When the term is applied in reference to an individual agency's authority to review or approve a particular proposed project or action, it' shall also mean an action or class of actions listed as Type II actions in that agency's own procedures to implement SEQR adopted pursuant to 617.4. The fact that an action is listed as a Type II action in one involved agency's procedures does not mean that it is to be treated as a Type II action by any other involved agency not listing it as a Type II action in its procedures. (aa) "Unlisted action" shall mean all actions not excluded or exempt, not listed as a ~ype I or Type II action in this Part, or in the case of a particular agency action, not listed as Type I or Type II actions in the agency's own SEQR procedures. If an action is an unlisted action, the limited procedural requirements of 617.7 apply to it. 617.3 General rules. (a) No agency involved in an action shall carry out, fund or approve the action until it has complied with the -10- provisions of SEQR. No agency shall issue a decision on an action that it knows any other agency has determined may have a significant effect on the environment until a final EIS has been filed. (b) SEQR does not change the existing jurisdiction of agencies nor the jurisdiction between or among state and local agencies. (c) Nothing in this Part shall prevent an agency or an applicant from either (1) conducting contemporaneous environmental, engineering, economic, feasibility and other studies and preliminary planning and budgetary processes necessary to the formulation of a proposal for action prpvided those activities do not commit the agency to commence, engage in or approve such action; or (2) engaging in review of any part of an appli- cation to determine compliance with technical requirements, provided that no such determination shall entitle or permit the applicant to commence the action unless and until all requirements of this Part have been fulfilled. (d) No application for funding or approval of a Type I action shall be considered complete unless accompanied by an EAF properly completed by the applicant and a list prepared by the applicant of all other involved agencies which the applicant has been able to ascertain exercising all due diligence. An agency may waive the requirement for an EAF -11- if the application is accompanied by an acceptable draft ElS. (e) an action An application for agency funding or approval of shall not be complete until a determination of no significance has been made or until a draft EIS has been accepted by the lead agency as satisfactory with respect to scope, content and adequacy. Commencing upon such accept- ance, the SEQR process shall run concurrently with other procedures relating to the review and approval of the action, so long as reasonable time is provided for prepara- tion, review and public hearings with respect to the draft environmental impact statement. (f) Agencies shall make every reasonable effort to involve applicants, other agencies and the public in the SEQR process. Early consultations initiated by agencies can serve to narrow issues of significance and to identify areas of controversy, thereby focusing the issues requiring in- depth analysis in an EIS. (g) The effect of an applicant or agency exercising due diligence in ascertaining and identifying all other agencies having funding or approval authority over the action or project, and of the agency or applicant providing written notice of the agency's determination of environ- mental significance to such other involved agencies, shall be that unless an involved agency formally objects to the -12- designation of lead agency pursuant to 617.7(f), no other involved agency may later require the preparation of an EIS in connection with the action or project. (h) All agencies involved in or interested in a proposed action are strongly encouraged to make known their views on the action, particularly with respect to their areas of expertise and jurisdiction. 617.4 Individual agency procedures to implement SEQR. (a) Article 8 of the environmental conservation law requires all agencies to adopt and publish, after public hearing, any additional procedures which may be necessary for them to implement SEQR. Until an agency adopts these additional procedures, its implementation of SEQR shall be governed by the provisions of this Part. (b) To the greatest extent possible, the procedures prescribed in this Part shall be incorporated into existing agency procedures. An agency shall vary the time periods established in this Part for the preparation and review of SEQR materials and for the conduct of public hearings in order to coordinate the SEQR environmental review process with other procedures relating to the review and approval of actions. Individual agency procedures to implement SEQR shall be no less protective of environmental values, public participation and agency and judicial review than the proce- dures contained in this Part. -13- (c) Agencies may find it helpful to seek the advice and assistance of other agencies, groups and persons on SEQR matters, including the following: 1) advice on preparation and review of EAF's; (2) recommendations on the significance and non- significance of actions; (3) preparation of EIS's and recommendations on the scope, adequacy, and contents of EIS's; (4) preparation and circulation of SEQR notices and documents; (5) conduct of public hearings; and (6) recommendations to decision-makers. (d) Agencies are stronglM encouraged to enter into cooperative agreements with other agencies regularly involved in carrying out or approving the same actions for the purposes of coordinating their procedures. (e) All agencies are subject to the list of Type I actions contained in 617.12. In addition, agencies may adopt their own lists of Type I actions, may adjust the thresholds for Type I actions contained in section 617.12 to make them more inclusive, and may continue to use previously adopted lists of Type I actions to complement those con- tained in 617.12. They may also develop criteria in addi- tion to those listed in 617.11 for determining significance and non-significance of actions. -14- (f) Ail agencies are subject to the list of Type II actions contained in 617.13. In their own procedures agencies may include additional Type II actions subject to conditions contained in 617.13. (g) Agencies may use the model EAF's in Appendices A and B to assist them in determining significance of an action, may modify them to meet their own needs, or may adopt different EAF's provided their scope is similar to that of the models in Appendices A and B. (h) Every agency which adopts, has adopted or amends SEQR procedures shall file them with the commissioner who shall maintain them to serve as a resource service for agencies and interested persons. Such procedures shall also be filed with other agencies regularly involved in carrying out or approving the same actions or projects. (i) Upon request the commissioner shall review in- dividual items in an agency's Type II list to determine whether they meet the criteria for Type II actions contained in 617.13. (j) A local agency may, following written public notice and public hearings, designate specific geographic areas within its boundaries as critical areas of environ- mental concern. To be designated as a critical area, an area should have an exceptional or unique character covering one or more of the following: -15- (1) a benefit or threat to the public health or public safety; (2) a natural setting (e.g., fish and wildlife habitat, forest and vegetation, open space and aesthetics); (3) social, cultural, historic, archaeological, recreational, or educational purposes; (4) an inherent ecological, geological, or hydrological sensitivity to change which could be adversely effected by any change. Following designation by the local agency, notification that an area has been designated as a critical area shall be filed with the commissioner. This designation shall take effect 30 days after such filing. 617.5 Initial review of actions. As early as possible in an agency's formulation of an action it proposes to undertake, or as soon as an agency receives an application for a funding or approval action, it shall do the following: (a) Determine whether the action is subject to SEQR. If the action is an exempt, an excluded, or a Type II action the agency shall have no further responsibilities under this Part. (b) agency. sions Determine whether the action involves a federal If the action involves a federal agency, the provi- of 617.15 shall apply. -16- (c) Determine whether the action involves one or more other agencies. (1) If the action is a Type I action, the provi- sions of 617.6 shall govern the designation of lead agency. (2) If the action is an unlisted action, the provisions of 617.7 shall govern the designation of lead agency. 617.6 Designation of lead agency and determination of significance for Type I actions. (a) The provisions of this section shall govern the designation of lead agency and determination of significance for all Type I actions. (b) An EAF shall be completed for every Type I action which is directly undertaken, funded, or approved by an agency unless an acceptable draft EIS has already been or will be prepared on the action. No EAF shall be considered complete unless it contains a list prepared by the applicant of all other involved agencies which the applicant has been able to ascertain, exercising all due diligence. (c) Actions involvSn~ one agency. When an agency proposes to directly undertake an action which does not require funding or approval from any other agency or receives an application to fund or approve an action over which no other agencies have approval authority, it shall be the lead -17- agency and shall determine the accordance with 617.11, 617.12 ing time periods: significance of the action in and 617.13 within the follow- (1) If the agency is directly undertaking the action it shall determine the significance of the action as early as possible in the design or formulation of the action. (2) If the agency has received an application for funding or approval of the action it shall determine the significance of the action within 15 calendar days of its receipt of the application, an EAF, and any additional information it deems necessary to make that determination. (d) Actions involvin~ more than one a~enc¥. (1) When an agency proposes to directly undertake an action which requires funding more other agencies, or receives or approval which other agencies or approval from one or an application for funding have approval authority over, it shall, as soon as possible, mail the completed EAF and a copy of any application it has received to all involved agencies notifying them date the EAF was mailed designated by agreement in order of importance, agency: that within 30 calendar days of the to them a lead agency must be among them. The following criteria shall be used to designate lead (i) whether the anticipated impacts of the action being considered are primarily of statewide, regional, -18- or local significance, i.e., if such impacts are of primarily local significance, all other considerations being equal the local agency involved shall be lead agency; (ii) which agency has the broadest govern- mental powers for investigation into the impacts of the proposed action; and (iii) which agency has the greatest capability for providing the most thorough environmental assessment of the proposed action. (2) The lead agency shall determine the signi- ficance of the action in accordance with 617.11, 617.12 and 617.13 within 15 days of its designation as lead agency, or within 15 days of its receipt of any information it may need to make the determination of significance, whichever occurs later, and shall immediately notify all other involved agencies of its determination. (e) Actions for which lead a~ency cannot be designated by agreement. (1) If within the 30 day period allotted for designation of lead agency the involved agencies are unable to agree upon which agency shall be the lead agency, any involved agency or the applicant may write to the commis- sioner requesting that a lead agency be designated. Simul- taneously, copies of the request shall be mailed to all involved agencies and the applicant. -19- (2) Within 5 business days of the date a copy of the request is mailed to them, involved agencies and the applicant may submit to the commissioner any comments they may have on the issue. (3) The commissioner, the date the request was mailed, within 12 business days of shall designate a lead agency based on a review of the facts, the criteria in subdivision (d) of this section, and any comments received. (4) Notification of the commissioner's designation of lead agency shall be mailed to all involved agencies and the applicant. (5) A lead agency designated by the commissioner shall determine the significance of the action in accordance with 617.11, 617.12 and 617.13 within 15 days of its desig- nation as lead agency or within 15 days of its receipt of whatever information it deems necessary to make the determi- nation of significance, whichever occurs later, and shall immediately notify all other involved agencies of its determination. 617.7 Designation of lead agency and determination of significance for unlisted actions. (a) The provisions of this section shall govern the designation of lead agency and determination of significance for all unlisted actions. These provisions are designed to simplify the SEQR procedure that applies to unlisted actions. -20- When an agency is reviewing an unlisted action, coordi- nated review is required only when the agency determines that an EIS will be prepared (see 617.10). If an agency determines that the unlisted action will not have a signi- ficant effect on the environment, coordinated review and notification is strictly optional. However, when an agency or applicant wants to finalize, in the shortest possible time, lead agency status and the agency's determination of non-significance, the agency or applicant is advised to follow the notification procedures specified in subdivision (d) of this section. Unless and until written notification of lead agency status and determination of significance has been g%ven to all other involved agencies, each subsequent involved agency shall make its own determination of signi- ficance and may require an EIS. For unlisted actions lead agency status is not confirmed and an individual agency's determination of non-significance can be superseded at any time until one of the following occurs: all involved agencies receive written notification pursuant to subdivision (d) of this section and fail to respond to the notice within the prescribed time period; or all involved agencies have issued all final decisions on the action. (b) unlisted EAF (see Appendix B) An EAF is not required in connection with every action. However, an agency may use a short form to determine whether it has sufficient -21- information on which to base its determination of the environmental significance of an action. If after considering the completed short form EAF, it has insufficient informa- tion, it shall use a standard form EAF (see Appendix A) to elicit the information it needs to determine the environmental significance of the action. (c) As early as possible in the formulation of plans for an unlisted action to be directly undertaken, or within 15 days of receipt of an application for funding or approval of an unlisted action, an agency shall make an initial determination of the significance of the action in accordance with 617.11, 617.12 and 617.13. (d) An agency or applicant, if it chooses to coordinate the review of involved agencies and promptly designate a lead agency and confirm initial determinations of signifi- cance, may ascertain, exercising all due diligence, all other involved agencies and notify such agencies of the initial determination, supplying them with a copy of any EAF and any applications which have been prepared, and reasons supporting the initial determination. (e) If within 15 calendar days from the date of mailing notification described in subdivision (d) of this section no involved agency submits a written objection to the agency which made the initial determination of significance being lead agency, that agency shall be the lead agency and shall: -22- (1) follow the provisions of 617.8 if it has determined an EIS is required; or (2) maintain a file of its determination and supporting reasons available for public inspection if it has determined an EIS is not required. (f) If within 15 calendar days from the date of notification described in subdivision (d) of this section any involved agency submits a written objection to the agency which made the initial determination of significance being the lead agency, it shall be the responsibility of all involved agencies to follow the procedures prescribed in 617.6(d) and (e) for designation of lead agency. The lead agency shall then determine significance of the action and proceed as described in 617.8. 617.8 Environmental Impact Statement Procedures. (a) When an agency is lead agency for an action involving an applicant, and has determined that an EIS is required, it shall immediately notify the applicant and all other involved agencies in accordance with 617.10(c) in writing that it ~s the lead agency and that an EIS is required. The applicant or the agency, at the applicant's option, shall prepare the draft EIS. If the applicant does not exercise the option to prepare the draft EIS, the lead agency shall prepare it, cause it to be prepared or terminate its review of the action. -23- (b) When the applicant prepares the draft EIS, the draft EIS shall be submitted to the lead agency which shall determine whether to accept it as satisfactory with respect to its scope, content and adequacy for purposes of this Part. (c) When the lead agency has completed a draft EIS or when it has accepted a draft EIS prepared by an applicant, the lead agency shall file a notice of completion of the draft EIS and a copy of the draft EIS in accordance with the requirements set forth in 617.10. Agencies shall provide for a commenting period on the draft EIS to be not less than 30 calendar days. (d) When the lead agency has completed a draft EIS or when it has accepted a draft EIS prepared by an applicant, the lead agency shall determine whether or not to conduct a public hearing concerning the action. In determining whether or not to hold a hearing, the lead agency shall consider the degree of interest shown by other persons in the action and the extent to which a public hearing can aid the agency decision-making processes by providing a forum for, or comment. 617.10. completion of the draft EIS. an efficient mechanism for the collection of, public If a hearing is to be held the lead agency shall: (1) file notice thereof in accordance with Such notice may be contained in the notice of The notice of hearing shall -24- also be published at least 14 calendar days in advance of the public hearing in a newspaper of general circulation in the area of the potential impacts and effects of the action. (2) the hearing shall commence no less than 15 calendar days or more than 60 calendar days after the filing of the draft EIS pursuant to 617.10. to be held, it shall be incorporated procedures wherever practicable. (e) Except as provided in paragraphs (1) below, the lead agency shall prepare or cause a final EIS within 45 calendar days after the When a SEQR hearing is into existing hearing and (2) to be prepared close of any hearing or within 60 calendar days after the filing of the draft EIS whichever last occurs. (1) If the proposed action has been withdrawn or if, on the basis of the draft EIS or hearing, the lead agency has determined that the action will not have a significant effect on the environment, no final EIS need be prepared. Notice of such determination shall be filed in accordance with 617.10. (2) The last date for preparation of the final EIS may be extended (i) where it is determined that additional time is necessary to prepare the statement adequately, or (ii) where problems with the proposed action requiring material reconsideration or modification have been identified, or -25- (iii) for other good cause. (f) Notice of completion of the final EIS and copies of the final EIS shall be filed in accordance with 617.10. 617.9 Decision making and findings requirements. (a) Prior to the lead agency's decision on an action which has been the subject of a final EIS, it shall afford agencies and the public a reasonable time period (not less than 10 calendar days) in which to consider the final EIS. (b) In the case of an action involving an applicant, the lead agency's decision on whether or not to approve or fund an action which has been the subject of a final EIS shall be made within 30 calendar days after the filing of the final EIS except for good cause. (c) No agency (whether lead agency or not) shall make a final decision to commence, engage in, fund, or approve, an action that has been the subject of a final federal or a final SEQR EIS until it has: (1) given consideration to the final EIS; (2) made a written finding that the requirements of this Part have been met and (i) consistent with social, economic and other essential considerations from among the reasonable alternatives thereto, the action to be carried out or approved is one which minimizes or avoids adverse environ- -26- mental effects to the maximum extent practicable; including the effects disclosed in the relevant environmental impact statement, and (ii) consistent with social, economic and other essential considerations, to the maximum extent practicable, adverse environmental effects revealed in the environmental impact statement process will be minimized or avoided by incorporating as conditions to the decision those mitigative measures which were identified as practicable. (3) prepared a written statement of the facts and conclusions relied upon in the EIS supporting its decision and indicating the social, economic and other factors and standards which formed the basis of its decision. (d) No agency shall make a decision not to approve an action, until it has prepared a written statement of the facts and conclusions relied on in the EIS or comments provided thereon. 617.10 Notice and filing requirements. (a) Ail notices, EIS'S and other SEQR documents shall be prepared, filed, circulated and made available as pre- scribed in this section. (b) Determination of non-significance. In the case of all Type I actions, a notice of determination that an EIS will not be prepared based on a determination that the proposed action will not have a significant effect on the -27- environment (negative declaration), shall be prepared and filed as indicated below by the lead agency. The notice shall state that it is a negative declaration for the purposes of article 8 of the environmental conservation law, shall state the name and address of the lead agency and the name and telephone number of a person who can provide further information, shall briefly and precisely describe the nature, extent and location of the action, and shall briefly state the reasons supporting the determination. Agencies shall maintain files of the written analyses and findings leading to their determinations on all actions subject to SEQR. The notice of determination for Type I actions shall be filed simultaneously as follows: (1) with the commissioner at 50 Wolf Road, Albany, New York 12233; (2) with the appropriate regional office of the department; (3) in the office of the chief executive officer of the political subdivision in which the action will be principally located. (4) in the main office and appropriate regional office, if any, of the lead agency; (5) if the action involves an applicant, with the applicant; (6) if other agencies are involved in approval of the action, with each other agency. -28- In addition, agencies may: (i) further provide for filing of these determinations with agencies which may be affected by the action; and (ii) further provide for public notice of these determinations as shall afford the opportunity for public response by: readily accessible files in agency posting on sign boards; incorporation in public otherwise required by law; or other appropriate offices; notices means. (c) Determination Of significance. In the case of all Type I and unlisted actions, a notice of determination that a draft EIS will be prepared based on a determination that the proposed action may have a significant effect on the environment (positive declaration) shall be prepared and filed as indicated below by the lead agency. The notice shall state that it is a positive declaration for purposes of article $ of the environmental conservation law, shall state the name and address of the lead agency and the name and telephone number of a person who can provide further information, shall briefly and precisely describe the nature, extent and location of the action, shall briefly describe the possible significant environmental effects that have been identified and shall briefly state the reasons supporting the determination. Agencies shall maintain files of the written analyses and findings leading to their -29- determinations. as prescribed in subdivision (b) of this (d) Notices of completion of draft draft EIS has been prepared, a notice of shall be prepared and filed as indicated The notice of determination shall be filed section. EIS's. Whenever a its completion below by the lead agency. The notice shall state that it is a notice of completion of a draft EIS, shall state the name and address of the lead agency and the name and telephone number of a person who can provide further information and shall also contain the following: (1) a brief and precise description of the action covered by the statement, the location and nature of its potential environmental impacts and effects; (2) a statement indicating where and how copies of the statement can be obtained from the lead agency; and (3) a statement that comments on the statement are requested and will be received and considered by the agency at a given address for a stated period (not less than 30 calendar days from the first filing and circulation of the notice of completion, or not less than 10 Calendar days following a public hearing at which the environmental impacts of the proposed action are considered). The notice of completion shall be filed as prescribed in subdivision (b) of this section and, shall be sent to the state clearinghouse and the relevant regional clearinghouse -30- designated under federal office of management and budget circular A-95. The department shall publish all notices of completion of all draft EIS's in the Environmental Notice Bulletin. (e) notice of Draft E!S's. The draft EIS, together with the its completion shall be filed and made available for copying as follows: (1) one copy with the commissioner; (2) one copy with the appropriate regional office of the department; (3) one copy with the chief executive officer of the political subdivision in which the action will be prin- cipally located; (4) if other agencies are involved in the approval of the action, with each such agency; and (5) one copy with persons requesting it. Where sufficient copies of a statement are not available, the lead agency may charge a fee to persons requesting the statement to cover its costs in making the additional statement available. (f) Notices of hearing. A notice of hearing, if the lead agency determines that one is to be held, shall be prepared by the lead agency. It shall specify the time, place and purpose of the hearing and shall contain a summary of the information contained in the notice of completion of -31- the draft EIS. The notice of hearing shall be filed as prescribed in subdivision (b) of this section. A notice of hearing may be given in the notice of completion of the draft EIS and shall be published at least 14 calendar days in advance of the hearing date in a newspaper of general circulation in the area of the potential impacts and effects of the action. (g) ~otices of completion of final EIS's. A notice of completion of a final EIS shall be prepared by the lead agency. It shall state that it is a notice of completion of a final EIS, shall state the name and address of the lead agency and shall contain the items prescribed in paragraphs (1) and (2) of subdivision (d) of this section. It shall be filed as prescribed in subdivision (b) of this section. The department shall publish all notices of completion of all final EIS's in the Environmental Notice ~ulletin. (h) ~inal EIS's. The final EIS together with the notice of its completion shall be filed in the same manner as a draft EIS. (i) Each agency which prepares notices, statements and findings required in this Part shall retain copies thereof in a file which is readily accessible for public inspection. 617.11 Criteria. (a) In order to determine whether a proposed Type I or unlisted action may have a significant effect on the envi- -32- ronment, the impacts which may be reasonably expected to result from the proposed action must be compared against the criteria in this section, whether or not an EAF has been prepared. The following list is not exhaustive; however, these criteria are considered indicators of significant effects on the environment. (1) a substantial adverse change in existing air quality, water quality, or noise levels; a substantial increase in solid waste production; a substantial increase in potential for erosion, flooding, or drainage problems; (2) the removal or destruction of large quantities of vegetation or fauna; the substantial interference with the movement of any resident or migratory fish or wildlife species; impacts on a significant habitat area; or substan- tial adverse effects on a threatened or endangered species of animal or plant or the habitat of such a species; (3) the encouraging or attracting of a large number of people to a place or places for more than a few days compared to the number of people who would come to such place absent the action; (4) the creation of a material conflict with a community's existing plans or goals as officially approved or adopted; (5) the impairment of the character or quality of important historical, archeological, architectural, or -33- aesthetic resources or of existing community or neighborhood character; (6) a major change in the use of either the quantity or type of energy; (7) the creation of a hazard to human health or safety; (8) a substantial change in the use, or intensity of use of land or other natural resoucres or in their capacity to support existing uses; (9) the creation of a material demand for other actions which would result in one of the above consequences; or (10). changes in two or more elements of the environment, no one of which has a significant effect on the environment, but which when taken together result in a substantial adverse impact on the environment; (11) two or more related actions undertaken, funded or approved by an agency, no one of which has or would have a significant effect on the environment, but which cumulatively meet one or more of the criteria in this section. (b) For the purpose of determining whether an action will cause one of the foregoing consequences, shall be deemed to include other simultaneous actions which are: the action or subsequent -34- (1) action under consideration is a part; (2) likely to be undertaken as or included in any long-range plan of which the a result thereof; (3) dependent thereon. (c) The significance of a likely consequence, (that is whether it is material, substantial, large, or important) should be assessed in connection with: (1) its setting (i.e., urban or rural); (2) its probability of occurring; (3) its duration; (4) its irreversibility; (5) its geographic scope; and (6) its magnitude. 617.12 (a) Type I in sponsors, Type I Actions. The purpose of the list of actions identified as this section is to identify for agencies, project and the public those actions and projects that are more likely to require the preparation of EIS's than those not so listed (i.e., "unlisted actions"). This Type I list is not exhaustive of those actions that an agency may deter- mine have a significant effect on the environment and require the preparation of an EIS. Therefore, the fact that an action or project has not been listed as a Type I action does not carry with it the presumption that it will not have -35- a significant effect on the environment. For all individual actions which are Type I or unlisted, the determination of significance must be made by comparing the impacts which may be reasonably expected to result from the proposed action with the criteria listed in 617.11. The Type I actions on this list are considered more likely to require the preparation of an EIS than other actions and are likely to involve review by more than one governmental agency and therefore the procedural requirements for Type I actions (617.6) are more extensive than for those unlisted actions (617.7). (b) The following actions are Type I if they are directly undertaken, funded, or approved by an agency: (1) The adoption of a municipality's land use plan or zoning regulations or the adoption by any agency of a comprehensive resource management plan. (2) The following changes in the allowable uses within any zoning district, affecting 25 or more acres of the district: (i) authorizing industrial or commercial uses within a residential or agricultural district; or (ii) authorizing residential uses within an agricultural district. (3) The granting of a zoning change at the request of an applicant for an action that meets or exceeds one or more of the thresholds given in other sections of this list. -36- (4) The acquisition, sale, lease or other transfer of 100 or more contiguous acres of land by a state or local agency. (5) Construction of new residential units which meet or exceed the following thresholds: (i) 10 units in municipalities which have not adopted zoning regulations; (ii) 50 units not to be connected (at commence- ment of habitation) to community or publicly-owned utilities; (iii) in a city, town or village having a population of less than 150,000: 250 units to be connected (at the commencement of habitation) to community or publicly- owned utilities; (iv) in a city, town or village having a population of greater than 150,000 but less than 1,000,000: 1,000 units to be connected (at the commencement of habitation) to community or publicly-owned utilities; (v) in a city or town having a population of greater than 1,000,000: 2,500 units to be connected (at the commencement of habitation) to community or publicly-owned utilities. (6) Construction of new non-residential facilities which meet or exceed any of the following thresholds; or the expansion of existing non-residential facilities by more than 50 percent of any of the following thresholds, providing -37- that the expansion and the existing facilities, when combined, meet or exceed any threshold contained in this section. (i) a project or action which involves the physical alteration of 10 acres; (ii) a project or action which would use gallons per ground or surface water in excess of 2,000,000 day; (iii) parking for 1,000 vehicles; (iv) in a city, town or village having a population of 150,000 persons or less: a facility with more than 100,000 square feet of gross floor area; (v) in a city, town or village having a population of more than 150,000 persons: a facility with more than 240,000 square feet of gross floor area. (7) Any structure exceeding 100 feet above orginal ground level in a locality without any zoning regulation pertaining to height. (8) Any non-agricultural use occuring wholly or partially within an agricultural district (certified pursuant to Agriculture and Markets Law, Article 25, Section 303) 10 percent of any threshold established in which exceeds this section. (9) Any action (unless the action is designed for the preservation of the facility or site) occuring wholly or partially within, or contiguous to any facility or site listed on the National Register of Historic Places, or any -38- historic building, structure, or site, or prehistoric site that has been proposed by the Committee on the Registers for consideration by the New York State Board on Historic Preservation for a recommendation to the State ~istoric Officer for nomination for inclusion in said National Register. (10) Any project or action, which exceeds 25 percent of any threshold in this section, occuring wholly or partially within or substantially contiguous to any publicly- owned or operated park land, recreation area or designated open space. (11) thresholds or Any action which exceeds the locally established if no such thresholds are established, any action which takes place wholly or partially within or substantially contiguous to any Critical Environmental Area designated by a local agency pursuant to 617.4. 617.13. Type II Actions. (a) Actions or classes of actions which have been determined not to have a significant effect on the environ- ment are classified as Type II actions, and do not require environmental impact statements or any other determination or procedure under this Part. (b) Each agency may adopt its own Type II list provided it finds that each of the actions contained on it -39- (1) is no less protective of the environment than the list in this section; and (2) will in no case have a significant effect on the environment based on the criteria contained in 617.11 and any additional criteria contained in its procedures adopted pursuant to 617.4. (c) An agency may not designate as Type I any action on the Type II list. (d) The following actions are Type II actions: (1) Replacement of a facility, in kind, on the same site unless such facility meets any of the thresholds in 617.12; (2) The granting of individual setback and lot line variances; (3) Agricultural farm management practices including construction, maintenance and repair of farm buildings and structures and land use changes consistent with generally accepted principles of farming; (4) Repaying of existing highways not involving the addition of new travel lanes; (5) Street openings for the purpose of repair or maintenance of existing utility facilities; (6) Installation of traffic control devices on existing streets, roads, and highways; -40- (7) Public or private forest management practices other than the removal of trees or the application of herbicides or pesticides; (8) Construction or placement of minor structures accessory or appurtenant to existing facilities including garages, carports, patios, home swimming pools, fences, barns or other buildings not changing land use or density; (9) Maintenance of existing landscaping or natural growth; usesv (10) Mapping of existing roads, streets, highways, and ownership patterns; (11) Inspections and licensing activities relating to the qualifications of individuals or businesses to engage in their business or profession; (12) Sales of surplus government property other than land, radioactive material, pesticides, herbicides, or other hazardous materials; (13) Collective bargaining activities; (14) Investments by or on behalf of agencies or pension or retirement systems; (15) Routine or continuing agency administration and management not including new programs or major reordering of priorities; (16) License and permit renewals where there will be no material change in permit conditions or the scope of permitted activities; -41- (17) Routine activities of educational institutions which do not include capital construction; (18) Information collection including basic data collection and research, masterplan study components, water quality and pollution studies, traffic counts, engineering studies, boring studies, surveys and soils studies that are not a preliminary step towards any given Type I project'; (19) Minor temporary uses of land having negligible or no permanent effect on the environment. 617.14 Preparation and content of environmental impact statements. (a) An EIS provides a means for agencies to giFe early consideration to environmental factors and it facilitates the weighing of social, economic and environmental issues in planning and decision making. Therefore, the preparation of an EIS is to be integrated into existing agency review processes and should occur at the same time as other agency reviews are being undertaken. In cases where an EIS is prepared by an applicant or agency directly undertaking an action, the EIS provides'a means for project sponsors to systematically consider environmental effects along with other aspects of their project planning and design and to identify and mitigate unnecessary adverse environmental effects. -42- (b) An EIS should assemble relevant and material facts upon which the decision is to be made, should identify the essential issues to be decided, should evaluate all reason- able alternatives and, on the basis of these, should make recommendations. In order to accomplish this, EIS's shall be analytical and not encyclopedic. Agencies shall cooperate with applicants who are preparing EIS's by making available to them information contained in their files relevant to the EIS. (c) EIS's shall be clearly and concisely written in plain language that can be read and understood by the public. Within the framework presented in subdivision (d) of this section, EIS's should address in detail only those specific adverse or beneficial environmental impacts which can be reasonably anticipated. They should not contain more detail than is appropriate considering the nature and magnitude of the proposed action and the significance of its potential impacts. Highly technical material shall be summarized, and if it must be included in its entirety, it shall be referenced in the statement and included in an appendix. (d) All draft and final EIS's shall be preceded by a cover sheet stating (1) whether it is a draft or final EIS; (2) the name or descriptive title of the action; (3) the location (county and town, village or city) of the action; -43- (4) the name and address of the agency which required its preparation and the name and telephone number of a person at the agency who can provide further information; (5) that prepared (6) the names of individuals or organizations any portion of the statement; the date of its acceptance by the agency responsible for its preparation; and' (7) in the case of a draft EIS, the date by which comments must be submitted. (e) If a draft or final EIS exceeds ten pages in length, it shall have a table of contents following the cover sheet and a precise summary which adequately and accurately summarizes the statement, focussing on issues of controversy, matters to be decided, and major conclusions. (f) The body of all draft and final EIS's shall at least contain the following: (1) a concise description of the proposed action, its purpose and need; (2) a concise description of the environmental setting of the areas to be affected, sufficient to understand the effects of the proposed action and alternatives; (3) a statement of the important environmental impacts of the proposed action, including short and long- term effects and typical associated environmental effects; (4) an identification and brief discussion of any adverse environmental effects which cannot be avoided, if the proposed action is implemented; -44- (5) a description and evaluation of reasonable alternatives to the action which would achieve the same or similar objectives. (The description and evaluation should be at a level of detail sufficient to permit a comparative assessment of the alternatives discussed. The no action alternative must also be discussed and evaluated); (6) an identification of any irreversible and irretrievable commitments of resources which would be associated with the proposed action should it be imple- mented; (7) a description of mitigation measures to minimize the adverse environmental impacts; (8) a description of any growth-inducing aspects of the proposed actions, where applicable and significant; (9) a discussion of the effects of the proposed action on the use and conservation of energy, where applicable and significant; (10) a list of any underlying studies, reports and other information obtained and statement; (11) (in the case of a final EIS only) summary of the substantive comments received and to such comments; and (12) all changes made to the draft EIS considered in preparing the copies or a a response incorporated in the final EIS shall be specifically indicated and identified as such. -45- (g) An EIS may incorporate by reference all or portions of other documents, including EIS's which contain information relevant to the statement. The referenced document shall be made available for inspection by the public within the time period for comment in the same places where the agency makes available copies of such statement. When a statement incorporates by reference, the referenced document shall be briefly described, its applicable findings summarized, and the date of its preparation provided. (h) A final EIS may consist of: the any necessary revisions to it, copies or a substantive comments received and their source (whether or not the comments were received in the context of a hearing); and the lead agency's substantive responses to the comments. All revisions made to the draft EIS shall be specifically indicated and identified as such in the final EIS. draft EIS including summary of the 617.15 Programmatic or generic environmental impact statements. (a) A programmatic or generic environmental impact statement may be used to assess the environmental effects of (1) a number of separate actions in a given geographic area which, if considered singly may have minor effects, but if considered together may have significant effects, -46- contemplated by a (2) a sequence of actions, single agency or individual, (3) separate actions having generic or common impacts, or (4) programs or plans having wide application or restricting the range of future alternative policies or projects. (b) Generic or programmatic statements should set forth specific conditions or criteria under which future actions will be undertaken or approved and shall include procedures and criteria for amendments or supplements to reflect impacts, such as site specific impacts, which cannot be adequately a~dressed or analyzed in the initial state- ment. Such procedures shall include provision for public notice of amendments or supplements which allow for comment thereon in the same manner as was provided in respect to the original statement. (c) When an individual action is proposed which was encompassed in a programmatic EIS and the action is to be carried out in conformance with the conditions discussed in the programmatic statement, a subsequent EIS should be prepared only if site specific impacts need to be addressed. (d) Local agencies may find it advantageous to prepare programmatic or generic EIS's on new, existing or signifi- cant changes to existing land use plans, development plans -47- and zoning regulations so that individual actions carried out in conformance with these plans or regulations will require only site specific EIS's as described in subdivision (c) of this section. It is recognized that EIS's on these and similar kinds of actions will be of a different character than EIS's on individual projects and their site specific impacts. Accordingly, they may be short, broad and a more general discussion of the logic and rationale for the choices advanced. They will be'based on conceptual information in some cases. They will identify the important elements of the natural resource base as well as the existing and projected man-made features, patterns and character. They will discuss in general terms the constraints and consequences of any narrowing of future options. They will present and analyze in general terms a few hypothetical scenarios that could and are likely to occur in light of the plan or zoning regulations. If an agency prepares an EIS along these lines, the need to prepare subsequent, individual EIS's on actual, specific projects that are developed in conformity with the plan or zoning regulations will be limited to those cases when the particular impacts associated with given projects warrant treatment in a more narrowly focused supplement to the original, broad EIS. In such cases the programmatic EIS can be a useful tool for scoping the supplementary EIS. -48- (e) In connection with projects that are to be developed in phases or stages, agencies should address not only the site specific impacts of the individual project under consideration, but also, in more general or conceptual terms, the cumulative effects on the environmental and existing natural resource base of subsequent phases of a larger project or series of projects that may be developed in the future and that are under the ownership or control of the same project sponsor. In these cases, this part of the EIS shall discuss the important elements and constraints present in the natural and man-made environment that may bear on the conditions of an agency decision on the immediate project. 617.16. Actions involving a federal agency. (a) When a draft and final EIS for an action has been prepared under the national environmental policy act of 1969, an agency shall have no obligation to prepare an additional EIS under this Part. However, except in the case of excluded or exempt actions, no agency may undertake or approve the action until the federal final EIS has been completed and the agency has made the findings prescribed in 617.9. (b) Where a negative declaration or other written threshold determination that the action will not require a federal impact statement has been prepared under the national -49- environmental policy act of 1969, the determination shall not constitute compliance with SEQR. In such cases, agencies remain responsible for compliance with SEQR. (c) In the case of an action involving a federal agency for which either a federal negative declaration or a federal draft and final EIS has been prepared, except where otherwise required by law, a final decision by a federal agency shall not be controlling on any state or local agency decision on the action. (d) No SEQR findings are required for actions which are excluded or exempt from SEQR. 617.17 Fees and costs. (a) When an action subject to this Part involves an applicant, the lead agency may charge a fee to the applicant in order to recover the actual costs of preparing or reviewing the EIS, provided, however, that an applicant may not be charged a separate fee for both the preparation and review of an EIS and provided further that any fee charged must reflect the actual costs to the lead agency for such prepara- tion or review. Where an applicant does not choose to prepare the EIS, the agency shall provide the applicant, upon request, with an estimate of the costs for preparing such statement based on the total cost of the project for which funding or approval is sought. -50- (b) For residential projects the total project cost shall be the cost of the land plus the cost of all site improvements required, not including the cost of buildings and structures. In the case of a residential project, the fee charged by an agency may not exceed two percent of the total project cost. (c) For non-residential construction projects the total project cost shall be the cost of supplying utility service to the project, the cost of site preparation and the cost of labor and material as determined with reference to a current cost data publication in common usage such as Building Construction Cost Data by Means. In the case of construction projects the fee charged may not exceed one-half of one percent of the total project cost. (d) Appeals procedure. When a dispute arises con- cerning fees charged to an applicant by a state agency, the applicant may make a written request to the agency setting forth reasons why it is felt that such fees are inequitable. Upon receipt of a request the chief fiscal officer of the agency or his designee shall examine the agency record and prepare a written response to the applicant setting forth reasons why the applicant's claims are valid or invalid. -51- (e) The technical services of the department may be made available to other agencies on a fee basis reflecting the costs thereof and the fee charged to any applicant pursuant to subdivision (a) of this section may reflect such costs. 617.18 Confidentiality. When an applicant submits a completed EAF, draft or final EIS or otherwise provides information concerning the environmental impacts of a proposed project, the applicant may request that specifically identified information be held confidential upon a showing by the applicant that such information constitutes a trade secret. Prior to divulging any such information, the agency shall notify the applicant of its determination of whether or not it will hold the information confidential. APPENDIX A E~VIRONMENTAL ASSESSMENT - PART P.roj act Information ,90TiCE: This document is designed to asaist in determining whether the action proposed may have a significant effect on the envi~'onment. Please comelete the entire Data Sheet. Answers to these questions will be considered as Dart of the a~plication for approval and may be subject to further veri'fication and public review. Provide any aqqitional information you believe will be needed to com~leta PARTS 2 anq 3. ~t is axoectea tna~ completion of the EAF will be dependent on information currently available anq will nat involve mew studies, research or investigation. If information requiring such additional ~ork is. unavaiJab)e, so inqicate anq soecify each instance. ;~At. IE OF PROJECT: NAG AND ADDRESS OF OWNER (If Different) ADDRESS AND ~l~IE OF .APPLICANT: (Street~ 9~SCRIPTIO~[ OF PROJECT: A. [Name) ('~treet) 8US~NESS PHONE; (State} (Zip} (Briefly describe type of project or action) (State} (Zip) (PLEASE COMPLETE EACH QUESTION - Indicate N.A. if not adp caPle) SIT~ ']ESCRIPTION <Physica ~etting of over,Il Project, both develooed and undeveloped areas) i. General character of the !and: Generally uniform slope ... 2. Present lanq use: ~rban , Industrial , Commnercial ~, Agriculture , Other ...... 3. Total acreage of project area: acres. Aooroximate acreage: Presently After Completion Meadow or 3rus~land acres acres Forested acres acres m= Agrlcu rural acres acres ~4, 25 or E.C.L.) . acres ~acres A. What is oredcminant soil type(s) on oroject ~ite? 5. a. .Are there bedrock outcroppings on oroject site? b. What is daot~ to bedrock? Generally uneven and rolling or irregular , Suburban , ~ural , Forest Unvegetated (rock, earth or fill) Abada, buildings and other Paved Other (indicate tyne) Presently .After Comeletion ..... ~cres acres (In feet) 6. Approximate percentage of proposed project site with slopes: 0-I0% %; 10-15% %; 15% or greater %. 7. Is project contiguous to, or contain a building or site listed on the National Register of Historic Places? Yes __No 8. What is the depth to the water table? .feet 9. Do hunting or fishing opportunities presently exist in the project area? Yes __No 10. Does project site contain any species of plant or animal life that is identified as threetened or endangered - . . Yes .. ~o, according to - Identify each species ll. Are there any unique or unusual land forms on the project site? (i.e. cliffs, dunes, other geological formations - .Yes No. {Describe 12. Is the project site presently used by the comunity or neighborhood as an open space or recreation area - Yes No. 13. Does the present site offer or include scenic views or vistas known to be important to the community? ,Yes No 14. Streams within or contiguous to project area: a. Name of stream and name of river to which it is tributary 15. Lakes, Ponds, Wetland areas within or contiguous to project area: a. Name ; b. Size (in acres) 16. What is the dominant land use and zoning classification within a 1/4 mile radius of the project (e.g. single family residential, R-Z) and the scale of development {e.g. 2 story). PROJECT DESCRIPTION 1. Physical dimensions and scale of project {fill in dimensions as appropriate} a. Total contiguous acreage owned by project sponsor acres. b. Project acreage developed: . acres initially; . acres ultimately· c. Project acreage to remain undeveloped d. Length of project, in miles: (if appropriate} e. If project is an expansion of existing, indicate percent of expansion proposed: age ; developed acreage f. Nuat~r of off-street parking spaces existing g. Maximum vehicular trips generated per hour h. If residential: Number and type of housing units: One 'Family Two Family Initial Ultimate i. If: Orientation Neighborhood-City-Regional Conmmrcial Industrial j. Total height of tallest proposed structure building square foot- ; proposed ~upon completion of project) Multiple Family Condominium Estimated Employment feet. -2- 3. 4. 5. How much natural material (i.e. rock, earth, etc.) will be removed from the site - tuns cubic yards. How many acres of Vegetation (trees, shrubs, ground covers) will be removed from site - acres. Will any mature forest (over 100 years old) or other locally-important vegetation be removed by this project? Yes No Are there any plans for re-vegetation to replace that removed during construction? ..... Yes No 6. If single phase project: 7. If multi-phased project: months, (including demolition). Anticipated period of construction a. Total number of phases anticipated No. b. Anticipated date of commencement phase 1 month year (including de~lition) "' c. Approximate completion date final phase .. month .... year. d. Is phase 1 financially dependent on subsequent Phases? Yes No 8. Will blasting occur during construction? Yes No g. Number of jobs generated: during construction ; after project is complete 10. Number of jobs eliminated by this project ll. Will project require relocation of any projects or facilities? .... Yes No. If yes, explain: 12. a. Is surface or subsurface liquid waste disposal involved? ... Yes No. b. If yes, indicate type of waste (sewage, industrial, etc.) c. If surface disposal name of stream into which effluent will be discharged 13. Will surface area of existing lakes, ponds, streams, bays or other surface wa:erways be increased or decreased by proposal? . Yes No. 14. Is project or any portion of project located in the 100 year flood plain? ....... Yes No 15. a. Does project involve disposal of solid waste? Yes No b. If yes, will an existing solid waste disposal 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? F Yes 16. Will project use herbicides or pesticides? Yes No 17. Will project routinely Produce odors (more than one hour per day)? .... Yes No 18. Will project produce operating noise exceeding the local ambience noise levels? No Ig. Will Project result in an increase in energy use? Yes 20, 21. 22. Yes __No. If yes, indicate type(s) If water supply is from wells indicate pumping capacity Total anticipated water usage per day qals/day. Zoning: a. What is dominant ~oning classification of site? b. Current specific zoning classification of site c. ls proposed use consistent with present zoning? d. If no, indicate desired zoning gals/minute. -3- 26. Approvals: a. Is any Federal permit required? Yes .... ~o b. Does project involve State or Federal funding or financing? c. Local and Regional approvals: Approval Required (Yes, No) (Type) Yes Submittal (Date) No Approval (Date) 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 INFORt~TIONAL DETAILS Attach any additional information as may be needed to clarify your project. If there are or may be any adverse impacts associated with the' proposal, please discuss such impacts and the measures which cam be taken to mitigate or avoid them. PREPARER'S SIGNATURE: TITLE: REPRESENTING: DATE: -4- EAF ENVIRONI4ENTAL ASSESSMENT - PART II ' ~roject Impacts and Their Maqnitudn General Information {Read Carefully) - In completing the form the reviewer should be guided by the question: Have my decisions and determinations been reasonable? The reviewer is not expected to be an expert environmental analyst. - Identifying that an effect will be potentially large {column 2) does not mean that it is also necessarily significant. Any large effect must be evaluated in PART 3 to determine significance. By identifying an ~ffect in column 2 simply asks that it be looked at further. - The ~les provided are to assist the reviewer by showing types of effects and wherever possible the threshold of m~ 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 more appropriate for a Potential Large Impact rating. - Each project, on each site, in each 'locality, will vary, Therefore, the examples 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. INSTRUCTIONS (Read Carefully) a. Answer each of the 18 questions in PART 2. Answer Ye~s if there will be any effect. b. Maybe answers should be considered as Ye~sanswers. 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 equals or exceeds any example provided, check column 2. If impact will occur but threshold is lower than example, check column 1. d. If reviewer has doubt about the size of the impact~eD .consider the impact as potentially large and proceed to PART 3. -' e. If a potentially large impact or effect can be reduced by a change in the project to a less than large magnitude, place a Yes in column 3. A No response indicates that such a reduction is not possible. I. ~MPACT ON ~ND NO YES l, WILL THERE BEAN EFFECTAS A RESULTOFA PHYSICAL CHANGE TO O0 PROJECT SITE? Examples that Would Apply to Column 2 ~ Any construction on slopes of 15% or groater, (1S ~ot rise per l~ foot of length), or where the general slopes in the project area exceed 10%. Construction on Land where the depth to the water table is less than 3 feet. Construction of oared parking area for 1,O00 or more vehicles. Censtruction 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 l,O00 tons of natural material (i.e. rock or soil) per year. Construction of any new sanitary landfill. -5- SMALL TO POTENTIAl CJ~N IMPACT BE MODER~TE L.ARGE REDUCED 8Y IMPACT IMPACT PROJECT CHANGE ) - ~!~ALL TO ~TEhT!AL : CAN It~rAC lHpACT I~qPACT ,.i PROJECT [:tAriGE ) ES Construction in a designated floodway. Other impacts: NO yE,c WILL THERE BE AN EFFECT TO ANY UNIQUE OR UNUSUAL LAND FORMS FOUND ON THE SITE? (i.e. cliffs, dunes, geological forma- tlens, etc. ) Specific land forms: IIIPACT ON WATER HO YES A.Y WATER 50DY DESI ^TEO AS ........ ("') WILLpRoTECTED?PROJECI'(UnderAFFECTArticles 1S, 24, 25 of the Envir- "( v onmnntsl Conservation Law, E.C.L.) _Examples that Would Apply to Column 2 Dredging more than 100 cubic yards of m~terial from channel of a protected stream. Construction in a designated freshwater or tidal wetland. Other impacts: BODY OF WATER? ............................................ Examples. that Would Apply to Column 2 A 10% increase or decrease in the surface area of any body ---r- of water or more than a l0 acre increase or decrease. Construction of a body of watar that exceeds l0 acres of ~ surface area. Other impacts: Nd' 5. WILL PROJECT AFFECT SURFACE OR GROUNDWATER QUALITY? 0 Examples that Would Apply to Column 2 Project will require a discharge permit. Project requires use of a source of water that does not have ~ approval to serve proposed project. Project requires water supply from wells with greater -- than 45 gallons per minute pumping capacity. Construction or operetion causing any contamination ~ of a public water supply system. Project will adversely affect groundwater. Liquid effluent will be conveyed off the site to ~ facilities which presently do not exist or have inadequate capacity. Project requiring a facility that would use water in excess of 20,000 gallons per day. Project will likely cause siltation or other discharge into an existing body of water to the extent that there will be an obvious visual contrast to natural conditions. Other Impacts: WILL PROJECT ALTER DRAINAGE FLOW, PATTERNS OR SURFACE IIATER NO YES RUNOFF? ................................. .................. O0 E.x.~mple that Would Apply to Column 2 Project would impede flood water flows. Project is like)y to cause substantial erosion. Project is incompatible with existing drainage patterns. Other impacts: IMPACT ON AIR WILL PROJECT AFFECT AIR QUALITY? ....... NO YES E~amples that Would Apply to Column 2 (~-,~ ~ Project will induce 1,OQO or more vehicle trips in any given hour. Project will result in the incineration of more than 1 ton of refuse per hour. Project emission rate of all contaminants will exceed lbs. per hour or a heat source producing more than IO million BTU's per hour. Other impacts: )J~tP~CT ON PLANTS AHa) 8. WILL PROJECT 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 site or found on the site. ~ Removal of any portion of a critical or significant wild- life habitat. Application of Pesticide or herbicide overmore than twice a year other than for agri~u):ural pureoses. Other impacts: NO YES WILL PROJECT SUBSTANTIALLY AFFECT t'ION-THREATENED OR ENDANGERED SPECIES? .................................... Example that Would Apply to Column 2 Project would substantially interfere with any resident or migratory fish or wildlife species. Project requires the removal of more than IO acres of mature forest (over 100 years in age} or other locally important vegetation. S~LL TO POTENTIAL CAN I~IPACT BE qODERATE LARGE REDUCED BY IMPACT I~!PACT PROJECT CHANGE -'7- ;MALL TO POTENTIAL CAN ImU~PACT BE 40OERATE LARGE REDUCED BY IMPACT IMPACT PROJECT. CH~NG~ S ) ¥E$ 1 I_~PACT ON VISUAL RESOURCE YES Examples that Would Apply to Column 2 Alteration of present patterns of movement of people and/or goods. Project will result in severe traffic problems. Other impacts: tO., WILL THE PROJECT AFFECT VIEWS, VISTAS OR THE VISUAL NO ~ CHARACTER OF TilE ~IEIGHBORHOOD QR COMMUNITY? .............. 0 V Examples that Would Apply to Column 2 An incompatible visual affect caused by the introduction ~ of new materiels, colors and/or forms in contrast to the surrounding landscape. A project easily visible, not easily screened, that is obviously different from others around it. Project will result in the elimination or major screening of scenic views or vistas known to be important to the area. Other impacts: " IMPACT ON HISTORIC RESOURCE,S. ll. WILL PROJECT IMPACT ANY SITE OR STRUCTURE OF HISTORIC, NO YE pR -H STOR C OR PALEONTO ICAL IMPORTA"C ? ................. 0 0 Ex_amples that Would Apply to Column 2 Project occurinq wholly or partially within or contiguous to anY facility or site listed on the National Register of historic places. Any impact to an archeological site or fossil bed located within the project site. Other impacts: IMPACT ON OPEN SPACE & RECREAT)ON. 12. WILL THE PROJECT AFFECT THE QUANTITY OR QUALITY OF EXISTING NO OR FUTURE OPEN SPACES OR RECREATIONAL OPPORTUNITIES? ...... ©© Examples that Would Apply to Column 2 The permanent foreclosure of a future recreational oppOrtunity. A major reduction of an open space important to the commnity. Other impacts: IMPACT F)N TRANSPORTATION, 13. WILL THERE BE AN EFFECT TO EXISTING TRANSPORTATION NO SYSTEMS? ............................................... ~PACT ON E~ERGY WILL PROJECT AFFECT THE CO~IMUNITIES SOURCES OF ~EL OR NO ENERGY SUPPLY? ........................................... O(Z) Examples that Would Apply to Colu~ 2 Project causing greater than 5% increase in any fo~ of ener~ used in municipality. Project requiring the creation or extension of an energy transmission or supply system to se~e ~re than 50 single or two family residences. Other impacts: [~PACT ON NOISE lB. WILL THERE BE OBJECTIONABLE ODORS, NOISE, GLARE, VIBRATION NO or ELECTRICAL DISTURBANCE AS A RESULT OF THIS PROJECT? .... ~.x~mples that '~ould Apply to Column 2 ......Blasting within 1,SOO feet of a hospital, school or other sensitive facility. Odors will occur routinely emote than one hour per day). ~ Project will eroduce operating noise exceeding the local ambient'noise levels for noise outside ~f structures. ~ project will remove natural barriers that would act as a noise screen. Other impacts: Project will 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 will be a chronic Iow level discharge or emission. Project that will result in the burial of "hazardous wastes" (i.e. toxic, poisonouS, highly reactive, radioactive, irritating, infectious, etc., including wastes that are solid, semi-solid, liquid or contain gases.) Storage facilities for one million or more gallons of liquified natural gas or other liquids Other impacts: S/~ALL TO POTE!(TIAL CAN It4PACT~ DE' 'led EP, ATE LARGE REDUCED BY _ IMPACT I~PACT PROJECT CHANGE YES 'ES ) S ) -g. ~'d'~'~,~,T E LARGE I REDUCED BY IMPACT ON GRO~TH AND CHARACTER OF COIIIIUNITY OR IIEIGHBORHOO_D COMMUNITY? ................................................ CDC) Example that Would Apply to Column 2 The population of the City, Town or Village in which the ~ project is located is likely to grow by more than 5% o~ resident human population. The municipal budgets for capital expenditures or opera- ~ ting services will increase by more than 5% per year as a result of this project. Will involve any permanent facility of a non-agricultural ~ use in an agricultural district or remove prime agricultural lands from cultivation. The projeCt will replace or eliminate existing facilities, structures or areas of historic importance to the community. Development will induce an influx of a particular age ....... group with special needs. Project will set an important precedent for future projects. Project will relocate 15 or more employees in one or more -- businesses. Other impacts: NO ' YES 1G. is T,E,E PUDLIC CONTROVERSY CONCER, ING THE PROJECT? ....... C) C) E_xampleq. that Would Apply to Column 2 Either government or citizens of adjacent communities ~ have expressed opposition or rejected the project or have not been contacted. Objections to the project from within the community. ~-- '~ IF ANY ACTION IN PART 2 IS IDENTIFIED AS A ' I POTEI~rIAL LARGE IMPACT OR IF YOU CANNOT DETER~IIDIE ) THE MAGNIllJDE OF IMPACT, PROCEED TO PART 3. PORTIONS OF EAF COMPLETED FOR THIS PROJECT: DETEP~4INATION .. PART I . PART II PART 3 .- review of the information recorded on tht? EAF (Parts~l, 2~ ~n3) and considering both the megnitude and ~mportance OT eac- impact, it is reasonably determined that: A. The project will resul~ in no major impacts and, therefore, is one which may not cause significant damage to the environment. B. Although the project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described in PART 3 have been included as part of the proposed project. C. The project will result in one or more major adverse impacts that cannot be reduced and may cause significent damage to the environment. PREPARE A NEGATIVE DECLAPJ~TION Date Signature of Preparer (if different from responsible offing'r) PREPARE A NEGATIVE DECIJ~Pd~TION PREPARE POSITIVE DECLARATION PROCEED WITH EI ---0 ~re of Responsible Official in Lea'~ Agency PFint or type name of responsible offi'~ial in Lead Agency INFORMATION EAF ENVIRONMENTAL ASSESSMENT - PART III ~VALUATIO~ OF THE I~IPORTANCE OF IMPACTS Part 3 is prepared if one or more impact or effect is considered to be potentially large. The amount of writing necessary to answer Part 3 may be determined by answering the question: In briefly completing the instructions below have I placed in this record sufficient information to indicate reasonableness of my decisions? INSTRUCTIONS Complete the following for each impact or effect identified in 'Column 2 of Part 2: I. Briefly describe the impact. 2. Describe {if applicable) how the impact might be mitigated or reduced to a less than laroe impact by a pro- ject change. . 3. Based on the information available, decide if it is reasonable to conclude that this impact is important to the minicipality {city, town or village) in which the project is located. -" To answer the question of importance, consider: - The probability of the impact or effect occurring The duration of the impact or effect Its irreversibtlity, including Permanently lost resources or val~es Whether the impact or effect can be controlled The regional consequence of the impact or effect Its potential divergence from local needs and goals Whether known objections to the project apply to this impact or effect. DETERMINATION OF $I~IIFICANCE An action is considered to be significant if: One {or more) impact is determined to both laroe and its {their) consequence, based on the review above, is !.mportant. . . . PART III STATEMENTS · {Continue on Attachments, as needed) APPENDIX B SHORT ENVIRONMENTAL ASSESSMENT ~-NSTRUCTIONS: (a) Zn order to answer the ques=ions in this short EAF is is ass~ed ~hat preparer w~l use cu~en~ly evadable i~o~iou conce~ %he projec~ and L~ely ~pacts of one action, I~ is no~ e~ec~ed t~= addi=ional s~udies, research (b) If any question ~s been angered Yes the projec~ ~y be si~ican~ and a co~leted ~V~o~en~ Assess~n~ Fo~ is necessa~. (c) If all questions have been answered No i~ is l~el7 t~t ~is projec~ no~ si~ic~. (d) ~v~o~en~a! Assessm~ !. W~! projecm r~s~ ~ a l~Ee ohysical c~nge to ~he projec~ si~e or phyaica~y aider m~ ~h~ 10 acres of land? · ...... . . . . ,, Yes ....... 2. W~! there be a ~jor chanEe to any ~ique or unusu~ land fo~ fo~ on the site? · · , Yes No 3. W~! project alter or have a !arEe effec= on an e~ng body of wa~er? · . .... Yes No l. '~i project ~ve a potential7 large ~a~ on Yes Ero~d~=er quaint ? ........ 5. ~$~i projec~ si~ican$17 effec~ dredge ~ on adjacen~ si~ss? ........ Yes 6. W~! proJec~ affec~ ~7 %~ea~ened or end~ered Yes No plan~ or an~ species? · · · , · · · 7. W~i projec~ res~ LU a ~jor adverse effec~ on Yes No 8. '~l projec~ have a ~jor effec~ on visu~ kn~ ~o be ~o~an~ to ~he co--itT? . . . ,, Tes No 9. W~i projec~ ~dvermelT ~pact any sits or ute of historic, prehistoric, or paleon=olo~ic~ ~o~ance or any site desi~aced as a critical env~o~n~ area ~ a loc~ ~ncy? . . . ,,,,,. Yes , No lO. W~i projec~ have a ~jor effecC on e~sc~ or future recreation~ oppo~ities~ ..... Yes Nc ~ W~i prcjec~ reset ~ ~jor traffic proble~ or cause a ~jcr effec~ to e~s~E transpo~ation Tes No W~! projec~ re~arly ca~e objec~io~b~e L3. ~L projec~ ~ve ~y ~ac~ on public ~.e~h or Tes safetT~ ........... L&. W~l project ~?ecC ~he e~g co--icy by d~cclT caus~uE a ~r~h ~ pe~nenC pop~- period ~ have a major negative effec~ on ~he Yes No T~. pREp~-~ER' S SiGNATb~E: p. EPRESENT~{O: ~/1/~ DATE: August 50, 1978 Richard F. Lark, Esq. Main Road Cutchog~e, New York 11915 SeaBreeze Village l. Plantin~ soh_.ed~l, es .:.~te~ from tho master sheet 2. ~l~ti~ Of ~t ~1~ be placed in ~e f~nt A ~te ~lX~t~ sc~ed~e. ~sed ~1~ not a~xcax ~u~ a ~w~ r~sen~ti~ of ea~ q~d ~. 5, 5erXou~ c~liderati0n of h~okin~ up with Oreenport Se~er system. You~ tr~y, ~Ariel Brush, secretary Southold To~n Planning Board TOWN OF SOUTHOLD OFFICE OF BUILDING INSPECTOR TOWN HALL SOUTHOLD, N. Y. 11971 765-1802 August 28, 1978 Planning Board, Southold Town Southold Town Hall Main Road Southold, New York 11971 Re: Kontokosta Associates - Revised Site Plans, dated August 1, 1978 Sea Breeze Village Gentlemen: I find the revised site plans of Sea Breeze Village, dated August 1, 1978 to be acceptable and that the plan meets the requirements of all Zoning Ordinances. GEORGE H. FISH~q Sr. Building Inspector 3'OHN WICKHAM, Chairman FRANK S. COYLE HENRY E. RAYNOR, Jr. FREDERICK E. GORDON JAMES WALL Southold, N.Y. 11971 July 31, 1978 TELEPHONE 765-1938 Commissioner Dept. of Environmental Conservation 50 Wolf Road Albany, New York 12233 Dear Sir: The following action was taken by the Southold To~n Planning Board at a special meeting held July 31, 1978: "RESOLVED that pursuant to the State Environmental Quality Review Statute Section 617.7b, it is the finding of the Southold Town Planning Board that a negative declaration has been deemed appropriate for the proposed Sea Breeze condominium project. The negative declaration is proposed because this action will not have a significant effect on the environment. The lead agency is the Southold Town Planning Board and the name and address of the person who can provide further information is Muriel Brush, Secretary, Southold Town Planning Board, Town Hall, Southold, New York. The proposal is to construct sixteen additional dwelling units in addition to the one existing unit. A field review of the pro- posed site indicates there will be no adverse effect to the environment." Yours truly, Muriel Brush, Secretary to Southold Town Planning Board Copies mailed simultaneously to: Commissioner Mr. David DeRidder, Regional Office, Stony Brook Supervisor Albert M. Martocchia, Town of Southold Planning Board Office of the Town of Southold Richard F. Lark, Attorney for the Applicant Office of the County Executive, Suffolk County Suffolk County Health Department Building Department, Town of Southold Village of Greenport Utilities Department $OHN WICKHAM, Chairmm,~ FRANK .% COYLE HENRY E. RAYNOR, Jr. FREDERICK E. GORDON SAMES WALL s 5outhold, N.Y. 11971 July 31, 1978 TELEPHONE 765- Commissioner Dept. of Environmental Conservation 50 Wolf Road Albany, New York 12233 Dear Sir: The following action was taken by the Southold Town Planning Board at a special meeting held July 31, 1978: "RESOLVED that pursuant to the State Environmental Ouality Review Statute Section 617.7b, it is the finding of the Southold Town Planning Board that a negative declaration has been deemed appropriate for the proposed Sea Breeze condominium project. The negative declaration is proposed because this action will not have a significant effect on the environment. The lead agency is the Southold Town Planning Board and the name and address of the person who can provide further information is Muriel Brush, Secretary, Southold Town Planning Board, Town Hall, Southold, New York. The proposal is to construct sixteen additional dwelling units in addition to the one existing unit. A field review of the pro- posed site indicates there will be no adverse effect to the environment." Yours truly, Muriel Brush, Secretary to Southold Town Planning Board Copies mailed simultaneously to: Commissioner Mr. David DeRidder, Regional Office, Stony Brook Supervisor Albert M. Martocchia, Town of Southold Planning Board Office of the Town of Southold Richard F. Lark, Attorney for the Applicant Office of the Co~uty Executive, Suffolk County Suffolk County Health Department Building Department, Town of Southol~ Village of Greenport Utilities Department DEPARI MENT OF 1 I1A,~ 5POI .: ]TATION Tra:ffic Safety Division July 25~ i978 Ms, Judy Fischer Special Project Coordinator County Executive ' s Office Veterans Memo rial Highway Hauppauge, 1NewYork 11787 Re: Sea Breeze Village Proposed 17 Unit Condominiun~ Dear Ms. Fischer: The proposed Sea Breeze Village subdivision should not have any serious adverse impact on local traffic n~ovemento Sight distance at the access road to be located on the north side of North Road, C1K 27, is adequate and traffic generation'by the 17 housing units should be minir~a!. Very truly yours, John P. Sheridan C o rnmis s tone r RAS:l{EF: mw J/N 78-Z20 cc: John Wickham, J Southold Planning Board By: Richard A. Strang -Assistant Director Traffic Safe~y Division 50-100N July 21, 1978 RiChard F. Lark, Esq. MalnRoad CutchogMe, NeW York 11935 D~ar Mr. Lark: Re: Sea Breeze Village BThe following ac~ti ..... ' . oard at a ~.,~ ~_v~_~w~a~ ta~en by ~the Southol ~-~ez~ng neld'J~y. 17, t978~ To~ Plying ~~Yt~~e~er e~f2 ','s~_~reeze Village yard setback ~equi~M~ j~.~ _ Y subject ~o ~e~y~to the west ~d +~ ~a~ eq~A to the ad~ .... ~m vne top of the bl~f.-~ ~o oe not c~oser- Yours truly, Copy to M. Kon~0kosta Murlel Brush, Secretary COUN~I' OF SUFFOLK DEPARTMENT OF HEALTH SERVICES David Harris, M.D..M.P.H. COMMISSIONER July 20, 1978 Planning Board Town of Southold Suffolk County Southold, N.Y. ]1971 Re: Sea Breeze Village Proposed I7 Unit Condominium Attention: Muriel Brush, Secretary Dear Ms. Brush: Please be advised that the department has had correspondence with Kontokosta Associates in regards to the above referenced site. The matter of the public water supply and the design of an on site individual sanitary system have been completed. The department would be in a position to approve the condominiums upon receipt of the following: I. That the site requires additional permits above and beyond this offices' requirement for a SPDES permit. 2. That since your office has taken lead agency, determination of significance or insignificance must be made. 3. That the state is involved in regards to surface water. Accordingly, this office will withhold approval until such time as we have heard from your office with a positive declaration in regards to the SEQRA requirements. Very truly yours, Ass't. Public Health Engineer RWJ:rb COUNTY CENTER (516) 727-,~ 700 18-588N {~TWEEN AVERAG! STATIONS E~A 141-142 0.6A 142-143 1.SA 143-144 0.4E 144-145 0.3E Fig. 3-28. -. -~ ~,~i' I EAS, MAR,O. Central Southold To. ship. July 12, 1978 Dept. of Environmental Conservation BuildinE 40, SUNY Stony Brook, New York 11794 Attention: Mr. Davis DeRtdder Re: Sea. Breese Village Proposed 17 Unit Condominium Gentlemen: The Sou~hold Town Planning Board by reso assumed l~ad agenc~ status in +~ -~ lutlon dated Jun We are con~,,~ ~ ~_ a~ .... ~== aPPlication. Environme~t~. e~l~onmental review per the might have in r~--~y~ VAew Act and Wou~ ~,- New York State ~s-~-u me this. site plan. %~ %a~e any comments you Yours truly, Mumtel. BrUsh, Secre%ary Southold Town Planning Boerd July 12, 1978 Office of the County Executive County Center ~iverhead, New York ll901 Atten~ien: Ms. Judy Fisher Re: Sea Breeze Village Proposed 17 Unit Condominium Gentlemen: The Southold Town Planning Board by resolution dated June D, 1978 assumed lead agency status in the above-captioned application. We are conducting an environmental review per the New York State Environmental Quality Review Act and would like any comments you might have in regard to this site plan. Yours truly, Muriel Brush, Secretary Southold Town Planning Board July 12, 1978 Suffolk Caunty Health Department County Center Riverhead, New York ll901 Attention: Robert Jewell Re: Sea Breeze Village Proposed 17 Unit Condominium Gentlemen: The Southold Town Planning Board by resolution dated June 5, 1978 assumed lead agency status in the above-captioned application. We are conducting an environmental review per the New York State Environmental Quality Review Act and would like any comments you might have in regard to this~site plan. Yours truly, Muriel Brush, Secretary Southold Town Planning Board RICHARD F. LARK A3-fORNEY AT LAW MAIN ROAD - P. O, BOX 973 July 11, 1978 Southold Town Planning Board Southold Town Hall Main Road Southold, NY 11971 ATT: John Wickham, Chairman RE: Sea Breeze Village Condominium Dear Mr. Wickham: As you are probably aware, I represent Kontokosta Associates and Kace Realty Co. who have made application before the Planning Board for site plan approval of 17 condo- minium units on the northerly side of North Road (C.R. 27), near Greenport, New York. There seems to be a great deal of confusion surrounding the above-captioned application. To review the matter, Mr. Emanuel Kontokosta and myself appeared before the Planning Board on a pre-submission conference on April 17, 1978 with a proposed plan dated February 3, 1978. Thereafter, pursuant to the pre-submission conference, Mr. Kontokosta submitted a revised site plan dated May 25, 1978 to the Building Inspector of the Town of Southold. It is my understanding that the Building Inspector certified that the submitted site plan met the requirements of the Southold Town Zoning Ordinance with the recommendation that the access road leading to the easterly portion of the parking area be widened. This recommendation was complied with by widening this access road to 20 feet which was approved by the Building Inspector and the revised site plan which included the name of the appli- cant, the location of the real property affected and a detailed design of the proposed development of the 17 condominium units was presented to the Planning Board for formal approval on June 5, 1978. Today I talked with the Planning Board secretary, Mrs. Muriel Brush, on the telephone and I find that there is a great deal of confusion surrounding the applicability of Local Law No. 3, 1978 of the Town of Southold and the lead agency status of the Planning Board and Department of Environmental Conserva- tion of the State of New York. In any event, after reviewing the site plan and the appli- cable criteria of Part 617, Title 6 of the Codes, Rules and Regulations of the State of New York adopted by the Commissioner Southold Town Planning Board -2- RE: Sea Breeze Village Condominium July 11, 1978 of Environmental Conservation, it clearly appears that the site is not in a flood hazard area nor within a tidal wetlands category and it should be defined as a Type II action under Section 617.12 of the above-mentioned rules. Further, as you know, the property is zoned "M-l" General Multiple Residence District and the project consists of 17 units in condominium ownership and public water to the site is furnished by the Village of Greenport and the project will not involve a sewage treatment plant and a close review of the site plan indicates that it will not have any significant effect on the environment. It is my understanding that this matter has been scheduled for review by the Planning Board on July 17, 1978 at 7:45 P.M. I believe that the Planning Board has all the relevant informa- tion that is required to make any determination as well as to grant approval of the site plan as submitted. Very truly yours,/~ RFL/mld cc: Emanuel Kontokosta R~CHARD F. LARK July 11, 1978 Southold Town Planning Board Southold Town Hall Main Road Southold, NY 11971 ATT: John Wickham, Chairman P~E: Sea Breeze Village Condomini~,m Dear Mr. Wickham: As you are probably aware, I represent Kontokosta Associates and Kace Realty Co. who have made application before the Planning Board for site plan approval of 17 condo- minium units on the northerly side of North Road (C.R. 27), near Greenport, New York. There seems to be a great deal of confusion surrounding the above-captioned application. To review the matter, Mr. Emanuel Kontokosta and myself appeared before the Planning Board on a pre-submission conference on April 17, 1978 with a proposed plan date~ February 3, 1978. Thereafter, pursuant to the pre-submission conference, Mr. Kontokosta submitted a revised site plan dated May 25, 1978 to the Building Inspector of the Town of Southold; It is my understanding that the Building Inspector certified that the submitted site plan met the requirements of the $outhold Town Zoning Ordinance with the recommendation that the access road leading to the easterly portion of the parking area be widened. This recommendation Was complied with by ~idening this access road to 20 feet which was approved by the Building Inspector and the revised site plan which included the name of the apPli- cant, the. location of the real property affected and a detailed design of the proposed development of the 17 condominium units was presented to the Planning Board for formal approval on June 5, 1978. Today I talked wi~h the Planning Board secretary, Mrs. Muriel Brush, on the telephone and I find that there is a great deal of confusion surrounding the applicability of Local Law No. 3, 1978 of the Town of Southold and the lead agency status of the Planning Board and Department of Environmental Conserva- tion of the State of New York. In any event, after reviewing the site plan and the appli- cable criteria of Part 617, Title 6 of the Codes, Rules and Regulations of the State of New York adopted by the Commissioner Southold Town Planning Board -2- RE: Sea Breeze Village Condominium July 11, 1978 of Environmental Conservation, it clearly appears that the site is not in a flood hazard area nor within a tidal wetlands category and it should be defined as a Type II action under Section 617.12 of the above-mentioned rules. Further, as you know, the property is zoned "M-l" General Multiple Residence District and the project consists of 17 units in condominium ownership and public water to the site is furnished by the Village of Greenport and the project will not involve a sewage treatment plant and a close review of the site plan indicates that it will not have any significant effect on the environment. It is my understanding that this matter has been scheduled for review by the Planning Board on July 17, 1978 at 7:45 P.M. I believe that the Planning Board has all the relevant informa- tion that is required to make any determination as well as to grant approval of the site plan as submitted. RFL/mld cc: Emanuel Kontokosta · GA-4 (4771) NEW yORK STATE J~RTMENT OF ENVIEONMENTAL TRANSMITTAL SLIP CONSERVATION [] Please Handle ~ Prepare Reply [] Prepare Reply for Signature /~ln formation [] Approval [] Prepare final/draft in copies [] Comments [] Signature [] File [] Return to me New York Slate Deparlment of Environmental Conservalion 50 Wolf Road, Albany, New York 12233 June 22, 1978 Peter A. A, Rerle, Commas sioner Mr. E. M. Kontokosta, P.E. Kontokosta Associates 26 Court Street Brooklyn, New York 11201 Dear Mr. Kontokosta: JUN ~. 7 1978 N. Y. S. D. E. (~ This is in reply to your letter of June 12, 1978 regarding "Sea Breeze Village". Under the provisions of Part 621 of Title 6 of the Official Compilation of Codes, Rules and Regulations of the State of New York, applications for Department permits that are subject to Article 70 of the Environ- mental Conservation Law, the Uniform Procedures Act, and which are subject to Article 8 of the Environmental Conservation Law, State Environmental Quality Review Act (SEQR), are not considered complete until a lead agency for SEQR purposes has been designated and either a nega- tive declaration prepared by the lead agency or a draft environmental impact statement prepared. In this instance, the Town of Southold is lead agency for SEQR purposes. Accordingly, Department review of your permit application will formally commence at the point the Town of Southold either issues a negative declaration or has accepted as satisfactory with respect to scope adequacy and contents a draft EIS. ' Very truly yours, Norman L. Willard Assistant Counsel cc: D. DeRidder ~ONTO K'OST~N ASSOCIATES ~NGINE~RS · ARCHITECTS June 12, 1978 Commissioner of Environmental 50 Wolf Road, Albany, New York 12233 Re: TW 15273-0096 , NY 0172537 For: Kace Realty Co. "Sea Breeze Village" 17 Condo Units P'=q EIVEi][ JUN Conservation Town of Southold, Suffolk County, N.Y. Gentlemen: Be advised of the Environmental requi red EMK/ck CERTIFIED MAIL that notice is herein served in Environmental Conservation Law 70-0107 that failed to determine SEQR 8-0113. Conservation has in Sec. 617.5 of the Return Receipt Requested accordance with Sec.621.8b the Department of the lead agency as JUN 2 71978 N,Y. 8, D.E.C. EWrd~ONMEN*rAL ANALYSIS UNIT June 9, 1978 Mr. David DeRldder N. y. S. ~)pt. of Environmental Conservation Building SUNY, Stony Brook, New York 11790 Dea~ Mr. DeRidder: The follow/nE action was taken by the Southold Town Planr~ng Board at a reEulem meeting held June 5, 1978. RESOLVED that the Southold Town Plann/ng Board indicate ~o the New York State DepatWcmen~ of Eavironmental Conservation-that, it wi.shes to be 'lead agency in the matter of the application of Kontokosta Associates, Sea Breeze Village, as outlined in-Local Law #~ 1978 of the Town of Southold. - I enclose submission received by this Office on May 50, 1978. We received an addi2ional amended sub- mission on June ~th which showed a twenty foot wide road way instead of twelve foot. Yours tl~/ly, Muriel Brush, Secre~mry Southold Town Planning Board TOWN OF SOUTHOLD OFFICE OF BUILDING INSPECTOR TOWN HALL SOUTHOLD, N. Y. 11971 ~L. 765-1802 June 5, 1978 Southold Town Planning Board Town Hall Southold, New York 11971 Re: Sea Breeze Village Proposed 17 Condominium Unit 60125 County Road 27 Greenport, New York Designed by Kontokosta Associates Gentlemen: Attached is two copies of the proposed Condominium Site Plan, Scheme B, dated May 25, 1978 which I received May 30, 1978. In reviewing the site plan I see it complys to the Zoning Code of the Town of Southold. One suggestion, a wider road to the easterly parking area be made so cars may pass. truly, GEORGE H. FISHER Senior Building Inspector May 17, 1978 Richard Lark, Esq. Main Road Cutchogue, New York 11935 Dear Mr. Lark: This letter is in reference tothe condominiums BreezePr°p°Sedvlllage,,.bY Kentokosta Associates to be called "Sea The Board agreed that there will be no waiver of the regulations by the Planning Bodied as far-as separation of the buildings, involved. Yours truly, Muriel Brush, Secretary Southold Town Planning B~ard RICHARD F. LARK May 5, 1978 Southold Town Planning Board Town Clerk's Office Main Road Southold, New York 11971 ATT: Muriel Brush, Secretary Sea Breeze Village Kontokosta Associates Site Plan Approval Dear Mrs. Brush: Pursuant to the Planning Board's request on April 17, 1978, I am enclosing two copies of an Elevation and Floor Plan for the proposed condominium units in the above-captioned matter. Woule you kindly let me know, when this matter will again be on the Planning Board Agenda. Very truly yoq~s~,, ~ichard F.~f Lark RFL/bd Enclosures A'f 5 978 York Slat~, ~:partmen! of Environment.~: Donservation : .*.v.{ rc ..nt,~.l Anai;,sis Rld . .., ~UPf - Rc~m 219 S~rnf L "'k, ~Tf 11794 ..L6) '?:,.-7900 ~y 3, 1978 -. ue::,_. :o indicate whe':iuer or not yoe L '~ ~.e~,~ ag~..;.i:, for t:~s ac~on will - . ~,r ..........a~ ~x~pact s~gem~t will .x~ r_ :a~c:, snail o:nsid~ tl~e ',i~s ~',d re~m~tior~s of ~e t'ier in,,olvc~ as ,u .... ~ L~ scctzon 615.6 cf the re9%la~c~ns, ¢¢J12 }e ~e r,~A~ons.i;: ;lity ~3: ~i~ lu,~_] a9~1c,5,, June 9, 197B }~. David DeRidder N. Y. S. Dept. of Environmental Conservation Building ~0 SUNY, Stony Brook, New York 11790 Dear Mr. DeRidder: The following action was t~en by the Southold Town Planning Board at a regular meeting held June 5, 1978. RESOLVED that the Southold Town Planning Board indicate to the New York State Department of Environmental Conservation that it wishes to be lead agency in the matter of the application of Kontokosta Associates, Sea Breeze Village, as outlined in Local Law #3 - 1978 of the Town of Southold. I enclose submission received by this office on May 30, 1978. We received au additional amended sub- mission on June 5thwhich showed a twenty foot wide road way instead of twelve foot. Yours truly, Muriel Brush, Secretary Southold Town Planning Board {Please Use this Form for Filing your Local Law with the Secretary of State) Text of law should be given as amended. Do not include matter being eliminated and d0 nut use italics or underlining to indicate new matter. ~il~ Southold Town of' ............................................................................................................................ Local Law No ..................... .3.. ................................. of the year 19.7.,.8. ..... (l~e~t ttdo) providing for environmental quality review of actions which may have a significant effect on the environment. Be it enacted b~r the Town Board ......................................................................................................................... of the of Lqlalntlve B~dr) xgleyx of Southold . · as follows: The Code of the Town of Southold is hereby amended by adding a new Chapter thereto to be Chapter.44, to read as follows: Section 44-1 - Title t, This Chapter shall be known and may be cited as the E ronmental Quality Review Law of the Town of Southold'. §44-2 - Definitions (a) "Rules" mean Part 617 of Title 6 of the Codes, Rules and Regulations of the State of New York, adopted 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 of Southold. (d) Except as otherwise provided in this section, or unless the conte~ otherwise requires, the woods and phrases used in this Chapter shall, for the pur- poses of this Chapter, have the meanings respectively ascribed to them by Article 8 of the ~n~ronmental Conservation Law and Part 617 of Title 6 of the Codes, ~ules and Regulations of the State of New York (NYCRR). ~(l[ additional ~sa~e is needed, please,~ach shee~s of the same si~ ~ chis and number each)~ Page 1 §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, provid~d, however, that nothing herein shall be construed as prohibiting: (a) the conducting of contemporaneous environmental, engineering, economic feasibility or other studies and p~'eliminary planning and budgetary processes necessary to the formulation of a proposal for Action which do not commit the Town to approve° commence or engage in such action, or (b) the granting of any part of an application which relates only to technical specifications and requirements, provided that no such partial approval shall entitle or permit the applicant to commence the action until all requirements of this Chapter and the Rules have been fulfilled. §44-4 - Types of Actions (a) Consistent with the Rules and the criteria therein, the actions listed in Section 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 listed in Section 61'/. 12 of the Rules as Type II actions, are deemed not to have a significant effect on the environment. §44-5 - Statement of Environmental Significance For the purpose of 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 location of the real property affected, if any; a description of the nature of the proposed action; and the effect it may have on the environment. In addition, the applicant may include a detailed statement of the reasons why, in applicant's view, a proposed action may or will not have a significant effect on the environment. If the action involves an application, the statement shall be filed simultaneously with the application for the action. The statement required herein shall be upon a form p/'e$cribed by the Town and shal ntain such additional relevant information as may be required. Such statement shall be accompanied by drawings, sketches and maps, if any, together with any other relevant explanatory material required by the Town Agency. $44-6 - Notice of Completion of Statement Upon receipt of a complete application and a statement, the Town Agency shall cause a notice 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 thereon of any person shall be received by the Town Agency no later than a date specified in such notice. $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 complbte application and statement, provided, however, that such period may be extended by mutual agreement of the applicant and the Town Agency. The determination shall state whether such proposed action may or will not have a significant effect on the environment. The Town Agency may 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 time limitations provided herein shall be coordinated with, to the extent practicable, other time limitati0ns provided by law, rule or regulation of the Town. $44-8 - Procedure After Determination (a) If the Town Agency determines that the proposed action will not have a significant effect on the enyironment, the Town Agency shall prepare, file and circulate such determination as required by Section 617.7{b) of the Rules and thereafter the proposed action may be processed without further regard to this Chapter. (b) If the Town Agency determines that the proposed action may have a significant effect on the environment, it shall prepare, file and circulate such determination as required by Section 617.7(b) of the Rules and thereafter the proposed action shall be reviewed and processed in accordance with the provisions of this Chapter and the [{ules. §44-9 - Preparation of Draft Environmental Impact Statement Following a determination that a proposed 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 involving 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. ic) If the applicant decides not to submit .a draft environ- mental impact statement, the Town Agency shall prepare or cause such statement to be prepared, or in its discretion, notify the applicant that by reason of applicant's decision not to submit such statement, that his application is deemed to be withdrawn and no further action will be taken thereon. The Town Agency may require applicant to submit a fee to defray the expense of the preparation and/or review of such statement. §44-10 - Notice of Completion of Draft Environmental Impact Statement (a) Upon completion of a draft environmental impact statement prepared by or at the request of the Town Agency, a Notice of Completion containing the information specified in Section 617.7(d) of the Rules shall be prepared, filed and circulated as provided in Section 617. 7(e) and (f) of the Rules. In addition, such notice shall be published in the official Town newspaper and a copy thereof posted on the Town Clerk's signboard. Copies of the draft environmental impact statement and the Notice of Completion shall be filed, sent and made available as required by Section 617.7(e) and (f) of the Rules. (b) In the event that the Town Agency determines that a public hearing shall be held on a draft environmental impact statement, notice thereof shall be filed, circulated and sent in the same manner as the Notice of 4 Completion and shall be published in the official Town newspaper at least Ten days prior to such public hearing. Such notice shall also state the place where substantive written comments on the draft environmental impact statement may be sent and the date before which, such comments shall be received. The hearing shall commence no less than 15 calendar days, nor more than 60 calendar days of the filing of the draft environmental impact statement, unless the Town Agency determines that additional time is necessary for the public or other agency review of the draft environmental impact statement or where a different hearing date is required as appropriate under other ~pplicable 1~ ~0,~., §44-11 - Determination on Draft Environmental Impact Statement If on the basis of a draft environmental impact statement or a public hearing thereon the Town Agency determines that an action will not have a significant effect on the environment, the proposed action may be pro- cessed without further regard to this Chapter. §44-12 - Preparation of Final Environmental Impact Statement The Town Agency shall prepare or cause to'be prepared, or direct the applicant to prepare the final environmental impact statement. Such final environmental impact statement shall be prepared within 45 days after the close of any hearing or within 60 days after the filing of the draft environ- mental ira. pact statement, whichever last occurs. Notwithstanding the foregoing, the Town Agency may extend such time when necessary to adequately complete the statement, or where problems identified with the proposed action require material reconsideration or modification. §44-13 - Notice of Completion of Final Environmental Impact Statement A Notice of Completion of a final environmental impact statement shall be prepared, filed and sent in the same manner as provided in Section 44-10 hereof and shall be sent to all persons to whom the Notice of Completion of the draft environmental impact statement was sent. Copies of the final environmental impact statement shall be filed and made available for review in [he same manner 5 as the draft environmental impact statement. §44-14 - Determination on Final Environmental Impact Statement · No decision to carry out or approve an action which has been the subject of s final environmental impact statement by a Town Agency or by any other agency shall be made until after the filing and consideration of the final environmental impact statement. Where the Town Agency has been the lead agency for an action, it shall make a decision whether or not to approve the action within 30 days of the filing of the final enviromn~ntal impact statement. §44-15 - Preparation of Findings When the Town Agency decides to carry out or approve an action which may have a significant effect on the environment, it shall make the following findings in a written determination: (s) consistent with social, economic and other essential considerations of state policy, to the maximum extent practicable, from among the reasonable alternatives thereto, the action to be carried out or approved is one which minimizes or avoids adverse environmental effects, including the effects disclosed in the relevant environmental impact state- ments, and (b) all practicable means will be taken in carrying out or approving the action to minimize or avoid adverse environmental effects. §44-16 - Filing Findings For public information purposes, a copy of the determination shall be filed and made available as provided by the Rules. §44-17 ~ Public Inspection of Files The Town shall maintain files open for public inspection of all Notices of Completion, draft and final environmental impact statements and written determinations prepared or caused to be prepared by a Town Agency. 6 action, followed. ~44-18 - Actions Involving More Than One Agency Where more than one agency or department is involved in an the procedures of Sections 617.4 and 617.8 of the Rules shall be §44-19 - Actions Exempt Actions undertaken or approved prior to the dates specified in Article 8 of the Environmental Conservation Law for iocal agencies shall be exempt from this local law and the provisions of Article 8 of the Environmental Conservation Law and the Rules. provided, however, that if after such dates a Town Agency modifies an action undertaken or approved prior to that date and such agency determines that the modification may have a significant adverse effect on the environment, such modification shall be an action subject to this local law and Part 617 of Title 6 N.Y,C.R.R. ~44-20 - Fees Where an action subject to this Chapter involves an applicant. a fee shall be paid to the Town to defray the costs of preparing and reviewing environmental impact statements. Such fee should be in the amount of the actual costs to the Town as determined by the Town Agency having jurisdiction. provided, however, that such fees shall not exceed one-half of one percent of the action's total cost to the applicant. §44-21 This local law shall take effect immediately. 7 4 8."/ ~,r'r'E ?L('4q r,~pp_ r:o~,' J/~EK rP-f J,:,Nt4 ,xllC(V4AH I'-IA~' t, i :./ ? 8 '% I0 / t / -0 APPRO¥~D t"~ L~ TOWN O~ SOUTHOLD DAT~ OAHD ~ ~.CTIOH OF T~ST HoLb Revisibns ,~ ~,~_o O0~ 00' W I<ONTOKC~TA A$=JOcIATE,5' F_.NC-.-.-,INEEI~$ & AIIt--HITEr--"T~ COURT ST, ~,I~3OKLYN,, N.Y SEA I~REE~E VlLL~F-~ 51TE pt..AN kJ C TE, FI~OPI IJ£',v' FIt-I FI~T ~DCE ~ Ig ! ?A K K.I I,J/~ / J I~ :o" ~ / i9 MEW \V~ FII~ F~ST MOR'"rH WOAO' (c..,r,(.'~,¢f ,,'~lI;q' H ': ...... I' '[cF:y' I0 / \ 18 ul }& I<B t~-I 6ECTIOtq OF T~gT J:JgL B b IVAISLB (~F: &JLPlkJc, FiT: BULl( 'x:NF. PULE) .3G' 15,6' MO lVEL,lb \vI'fHIM 5oo' OF PP~r~-..P::IW LIWE MO WArS-Il! JO F:-~L-5 WITP! ILl Ir?O'OF ICVECf'F P'r' blUE, Revisions 26 Court street, Brooklyn,'New York 11201 Job No. DWK.'i~'O. . §OHEI*tE. r~'.' II qVlU~ r~ooH L__ll FItR;ST F 1-001~, ?LAKJ Foup, Uk~l ~4:~" Iq'-P" IqLo'' Iq'-o' ?F~:DMT Revisions KONTOKOSTA ASSOCIATES Engineers & Architects 26 Court Street, Brooklyn, New 'York 11201 Title J~b No. ~ol.-1A . . Dwg, ~To,' blVHX6 X',F~, F~, '-% S[COI, J.D FLOOlR PDkN "/~bl~ 1/4"--I~0'' - Revisions Date KONTOKOSTA ASSOCIATES 26 Court Street, Brooklyn, New York 11201 Date I" IOLO'' KAC¢ ~Y CO Job No. Title Dwg. No, . 20: FL,