HomeMy WebLinkAboutAdoption of LWRP
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ELIZABETH A. NEVILLE
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
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Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (631) 765-6145
Telephone (631) 765-1800
southoldtown.northfork.net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 835 OF 2004
WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD
ON NOVEMBER 30, 2004:
WHEREAS, the Town of Southold initiated preparation of a Local Waterfront Revitalization
Program in cooperation with the New York State Department of State, pursuant to Article 42 of
the Executive Law; and
WHEREAS, the Town of South old prepared a Draft Local Waterfront Revitalization Program
(DLWRP); and
WHEREAS, a Full Environmental d~sessment Form was prepared and considered for the
DLWRP in accordance with the re4uirements of Part 617 of the implementing regulations for
Article 8 of the Environmental Conservation Law; and
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WHEREAS, a Negative Declaration was subsequently issued by the Town Board as Lead
Agency on September 25, 2001, in accordance with the requirements of Part 617 of the
implementing regulations for Article 8 of the Environmental Conservation Law; and
WHEREAS, the Supervisor of the Town of South old submitted the DLWRP to the New York
State Secretary of State for review in April 2003, pursuant to Article 42 of the NYS Executive
Law; and
WHEREAS, the Secretary of State completed the review of the DLWRP, pursuant to Article 42
ofthe NYS Executive Law and the DLWRP was circulated by the Department of State to
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appropriate local, county, state and federal agencies in accordance with Article 42 of the NYS
Executive Law; and
WHEREAS, modifications were made to the Draft Local Waterfront Revitalization Program in
response to comments received;
NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Southold that
the Town of Southold Local Waterfront Revitalization Proe:ram is hereby approved and
adopted.
BE IT FURTHER RESOLVED, that the Town Board of the Town of Southold hereby directs
th" Supervisor ofthe Town to formally transmit the adopted L WRP to the New York State
Secretary of State for approval pursuant to Article 42 of the NYS Executive Law - the
Waterfront Revitalization of Coastal Areas and Inland Waterways Act.
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Elizabeth A. Neville
Southold Town Clerk
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JOSHUA Y. HORTON
SUPERVISOR
Town Hall, 53095 Route 25
P.O. Box 1179
Southold, New York 11971-0959
Fax (631) 765-1823
Telephone (631) 765-1889
OFFICE OF THE SUPERVISOR
TOWN OF SOUTHOLD
December 7, 2004
Hon. Randy A. Daniels, Secretary of State
New York State Department of State
41 State Street
Albany, NY 12231-0001
Dear Secretary Daniels:
I am pleased to report that the Town Board of the Town of South old formally adopted the
Town of South old Local Waterfront Revitalization Program (LWRP) on November 30,
2004. These actions were taken after having completed all environmental review
procedures in accordance with the State Environmental Quality Review Act and havir,~
addressed review comments received pursuant to Article 42 of the NYS Executive !/aw.
Attached is a copy of the resolution passed by the Town Board of the Town of Souhold
in adopting the LWRP. In addition, copy of the final LWRP document that was adupted
is enclosed.
As the Supervisor for the Town of Southold and on behalf of the entire Town Board, I
respectfully request your consideration and approval of the Town of South old Local
Waterfront Revitalization Program pursuant to Article 42 of the NYS Executive Law.
OShU~!;r--
Supervisor
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PHER.CJACOBS
STATE OF NEW YORK
DEPARTMENT OF STATE
41 STATE STREET
ALBANY, NY 12231-0001
GEORGE'E. PATAKJ
GOVERNOR
June 27, 2006
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Honorable Scott A. Russell
Supervisor
Town of Southold
PO Box 1179
Southold, NY 11971
SUPERVISOR'S OFFICE
TOWN OF SOUTHOlD
Dear Supervisor Russell:
The Local Waterfront Revitalization Program (L WRP) for your municipality was approved by the
Secretary of State and incorporated by amendment in New York's federally approved Coastal
Management Program (CMP). As a result, all activities in your community subject to both federal and
state consistency provisions are currently required to be consistent with your approved L WRP, That
includes direct, funding, and approval activities of many federal and State agencies, departments, and
public authorities, If an activity is determined to be inconsistent with the policies and purposes of the
approved LWRP, the State or federal action may not be undertaken. Conversely, activities that would
advance an LWRP should not be delayed. For more information on LWRP's and consistency, go to
www.nvswaterfronts.com
Often, the federal and state consistency processes and procedures are confusing. For that reason, the
New York State Department of State, Division of Coastal Resources (Department) is in the process of
proposing new and modified rules for the existing consistency processes (enclosed) which would result
in the following changes to current regulations at 19 NYCRR Parts 600-603:
Section 600.1: Minor changes such as the addition of the term "inland waterways" to the text to
reflect statutory changes
Section 600.2: Addition of new definitions in response to changes elsewhere in Part 600;
Section 600.3 and 600.4: Clarify and modify the regulations and procedures for the State agency
consistency process;
Section 600.5: Modify the State-wide coastal policies;
Section 600.7: New section outlining the existing process for federal consistency for publication
within State regulations; and
Parts 601-603: Technical amendments to delete extraneous text with no change in meaning
The proposed regulations do NOT affect your L WRP. These proposed regulation changes only
affect actions being undertaken by a State agency, or an applicant for federal approval. They do not
require changes to your local consistency procedures outlined in your L WRP and implemented through
your local consistency law, nor do the proposed regulations require any changes to your L WRP or to
any local laws. Applicants and State and federal agency reviewers are directed to read your approved
L WRP and apply the policies, as they are written. If your L WRP was prepared using the 44 State-wide
coastal policies, its use and effect will not be changed by Section 600.5 of these proposed regulations,
which would consolidate the current 44 State-wide coastal policies into 13 coastal policies. Should
your community at sometime in the future choose to update or revise the LWRP, you may wish to
WWW.DOS.STATE.NY.US . E-MAIL: INFO@OOS.STATE.NY.US
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Honorable Scott A. Russell
June 27, 2006
Page 2
consider consolidating your policies. Staff at the Division of Coastal Resources will be available to
assist you at that time.
New Section 600.7
This new section will streamline and clarify the process for applicants. The federal consistency
provision of the Coastal Zone Management Act requires applicants for a federal license or permit to
certify consistency with enforceable policies of the State's coastal program, or of an L WRP if
applicable. A Federal agency is precluded from issuing any form of authorization until the State has
concurred with that certification. Currently, for applicants to meet requirements they must reference a
minimum of3 documents: the Federal regulations at 15 CFR Part 930 which describes the process and
basic requirements; the New York State Coastal Management Program document (CMP); and the 2001
Program Change to the CMP, which includes an updated list of "necessary data and information"
required by the Department to begin its review, as well as general concurrence criteria.
The proposed addition of Section 600.7 would eliminate the need to reference multiple sources of
information in order to comply with the federal consistency provisions. This section outlines the
process and timelines required by Federal regulations, details necessary data and information for the
Department to commence its review, and outlines general consistency concurrence criteria used in
reviewing projects. By codifying the process, necessary data and information, and general consistency
concurrence criteria in one place, applicants can more easily identify the information they need to
comply with federal consistency requirements.
Modified Sections 600.3 and 600.4
New York State also requires actions of State agencies to be consistent with State and LWRP coastal
policies, and these requirements can be found in part in Sections 600.3 and 600.4. These sections are
confusing for State agencies to understand, and therefore, make compliance difficult. The proposed
modifications to Sections 600.3 and 600.4 will clarify the process.
Current regulations limit application of the statute by defining actions using State Environmental
Quality Review Act (SEQR) regulations (Type I and unlisted). Since the current regulations at
Sections 600.3 and 600.4 were written, the SEQR regulations have been amended, and many of the State
agency actions that were previously subject to state consistency are now classified as Type 2, and not
subject to consistency. The proposed regulations redefine "action" to include certain Type 2 actions in
specific areas, such as in coastal erosion hazard areas, and significant coastal fish and wildlife habitats,
where those actions have a higher potential to have affects on coastal policies. In addition, the proposed
Sections 600.3 and 600.4 describe with more specificity that a State agency action identified in the
LWRP document is to be consistent with the approved LWRP, and describes the process a State agency
should follow in order to ensure consistency with the L WRP.
The addition of a new subsection describing the procedures for ensuring consistency and handling
dispute resolution may result in State agencies sending project consistency documents to your
municipal clerk. If it is not the case already, your clerk's office should be prepared to accept these
materials and send them to the appropriate parties.
Initial Feedback on ProDosed Rel!ulations
Prior to a formal public comment period which will occur later this year, the Department is providing
this opportunity for interested parties to review the proposed regulations, and offer initial feedback.
We would appreciate receiving any feedback you may have prior to July 7. Please send any written
comments to:
Bridget Sasko
NYS Department of State
Division of Coastal Resources
41 State Street
Albany, NY 12231
or
bsaskoraldos.state.nv. us
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Honorable Scott A. Russell
June 27,2006
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Ifupon review you would like to meet or speak with a Department staff member about these proposed
changes, please contact Bridget Sasko at 518-486-7670 or via the email address listed above.
Thank you in advance for your participation. We look forward to hearing from you.
Sincerely,
Q~?;P~
Supervisor of Consistency Review
Division of Coastal Resources
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