HomeMy WebLinkAboutSEQRA review for LWRPTOWN COPY
AGREEMENT
THIS AGREEMENT, made this ~7 day of August, 2001 between the TOWN
OF SOUTHOLD, a municipal corporation of the state of New York, having its office
and principal place of business at 53095 Main Road, Southold, New York 11971,
hereinafter called the "Town" and, Nelson, Pope & Voorhis, LLC, 572 Walt
Whitman Road, Melville, New York 11747 hereinafter called the "Contractor".
WHEREAS, the Town of Southold did heretofore request and receive a proposal
from the Contractor to perform all the work required for the preparation of a
SEQRA review for the Local Waterfront Revitalization Plan, in the amount set forth
in Contractor's proposal dated July 26, 2001;
WHEREAS, the Town of Southold accepted the proposal of the Contractor on the
3'~ of July, 2001.
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. The Contractor does hereby agree to perform aH the work required to perform
and complete work related to a SEQRA review of the Local Waterfront
Revitalization Plan in accordance with the plans, contractor's proposal and all
conditions set forth in the correspondence document entitled "Town of Southold
LWRP SEQRA Review" dated July 26, 2001, including attached exhibits, which
is annexed hereto and made part of this contract.
2. The Town does hereby agree to pay the Contractor for the work, up to and
including the total sum of Seven Thousand Dollars ($7,000.00) as set forth in
Contractor's proposal, within sixty (60) days of the completion of said work and
the acceptance thereof by the Town.
3. The Contractor shall secure and maintain such insurance that will protect it
from claims under the Worker's Compensation Acts aud from claims for bodily
injury, death or property damage which may arise from the performance of his
services under this Agreement, in limits of $1,000,000 and $2,000,000 aggregate
liability for bodily injury and property damage. The Contractor shall
indemnify and hold harmless the Town from and against all suits, claims,
demands or actions for any injury sustained or alleged to be sustained by any
party or parties in connection with the alleged negligent performance or
negligent performance by the Contractor, its employees or agents or any
subcontractor and in case of any such action brought against the Town, the
Contractor shall immediately take charge of and defend the same at its own cost
and expense. In addition, the Contractor will name the Town as an additional
insured on any applicable policies.
4. Contractor agrees that any "Change Orders" shall be in writing and effective
after mutual consent in writing.
5. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the
day and year first above written.
Town of Southold
Je~ W. Cochran, Supervisor
./,
ELIZABETH A. NEVILLE
TOWN CLERK
REGISTKAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
Town Hall, 53095 MoJn Road
P.O. Box 1179
Southold, New York 11971
Fax (631) 765-6145
Telephone (631) 765-1800
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 507 OF 2001
WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD
ON JULY 3, 2001:
RESOLVED that the Town Board of the Town of Southold hereby retains the environmental
consulting firm of Nelson, Pope and Voorhis to conduct the environmental review of the Local
Waterfront Revitalization Plan pursuant to the SEQRA roles and regulations; and be it further
RESOLVED that Supervisor Jean W. Cochran is authorized to execute an agreement with the
firm of Nelson~ Pope and Voorhis such agreement subject to the approval of the Town Attorney
Elizabeth A. Neville
Southold Town Clerk
' NEL~=ONj POPE ~. VOORHI;::, LLC
CHARLES J. VOORH~S, CEP, A~CP *' ARTHUR J KOERBER, RE "VINCENT G DONNELLY, F~E
VICTOR BERT, RE · JOSEPH R, EPIFANIA, PE* ROBERT G NELSON, JR, PE
PAUL M RACZ, PL S
July 26, 2001
Mr. Gregory F. Yakaboski, Esq.
Office of the Town Attorney
Town of Southold
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Rez
Town of Southold LWRP
SEQRA Review
Dear Mr. Yakaboski:
Thank you for contacting NP&V for services in connection with SEQR review and the
implementation of the Town's Local Waterfront Revitalization Program (LWRP). As you know,
the adoption of an LWRP (Comprehensive Resource Management Plan) is considered a Type I
action under Part 617 of 6 NYCRR and therefore, SEQR review is required.
Based on an initial review of the LWRP and the criteria for determining significance contained in
part 617.11 of 6NYCRR, it is expected that a determination of significance may be reached
through the preparation of a Part III Environmental Assessment Form (EAF). The lead agency is
responsible for taking a "hard look" at the potential impacts of implementing the LWRP. At this
time we are unable to presume that the magnitude of impacts do not necessitate the adoption of a
positive declaration. If no impacts expected from the implementation of the LWRP, based on
preparation of a Part III, a negative declaration may be adopted and the SEQR review
requirements satisfied. However, there is the possibility that upon a full review of the document,
additional impacts may be identified that would warrant the adoption of a positive declaration in
order to satisfy SEQR requirements.
As requested, I am providing this letter to define the services to be provided assuming a Part III
will be sufficient to provide a recommendation of non-significance to the Board. (If a positive
declaration is warranted, a new agreement will be drafted for the additional services needed). The
following provides a listing of the services to be provided.
A) Environmental Assessment Form (Parts I and II) (5210)
1. Review Draft Town of Southold Local Waterfront Revitalization Program (LWRP).
AUG - 3 2001
TOWN ATTORNEY'S OFFICE
TOWN OF SOUTHO,LD
Prepare Part I EAF and Part II EAF to identify major categories of impacts and assess the
magnitude of impacts.
Fee: $1,750
c)
D)
Part III EAF (5220)
LWRP SEQR Review
Environmental Consulting Services
1. Prepare Part III EAF providing based on those resource areas identified in the Part II EAF as
having a potential large impact; identify specific areas with significant impacts if necessary,
discuss mitigation and program benefits, include narrative, analysis, figures, supporting
documents to compile a complete report to assist the Town Board m reaching a determination
of significance.
SEQRA Determination
1.
Fee: $3,000.00
Draft a SEQRA Determination of Significance providing reasons supporting the determination
for the Board's consideration (should potential significant impacts be identified, additional
scope and cost will be submitted for further environmental analysis, as appropriate)
Additional Consulting Services (5015)
1.
Fee: $750.00
Assist the Town Board in coordination with the NYS Department of State to procure lead
agency status and coordinate with other involved agencies to ensure coordinated review.
2. Provide consultation, coordinate revisions, attend hearings and project meetings as necessary.
Fee: Time Rates (see attached)
Budget: $1,500.00
Thank you for the opportunity to assist on this project. Please feel free to call should you have
any questions.
Respectfully submitted,
/~~ VOORHIS, LLC
P/File: 01-483
ACCEPTED AND APPROVED
BY: DATE:
(Please sign and return one copy)
Page 2
LWRP SEQR Review
Environmental Consulting Services
RATE SCHEDULE
NELSON & POPE/NELSON, POPE & VOORHIS
January 1, 2001
RATE SCHEDULE
Office Principal
Associate
Senior Engineer & Surveyor
Design Engineer
Hydrogeologist
Senior Environmental Analyst
Semor Environmental Scientist
Engineer & Survey Technician
Inspector
Environmental Analyst
Environmental Scientist
Draftsman
Environmental Planner
Environmental Technician
Typist
$165.00
$145.00
$130.00
$115.00
$ 95.00
$ 95.0O
$ 95.00
$ 95.00
$ 90.00
$ 90.00
$ 85.00
$ 80.00
$ 80.00
$ 75.00
$ 60.00
Page 3
NBI-BON, I~OIOE & VOO.PlHIB, I. LC
Aught 12, 2062
Josh Horton, Supervisor
Town of Southold .
Town Hall,
Southold, New York
Ewrgreeu Avenue and Proximity
Land Use Stud~'
Proposal for Services
Dear Josh:
As per your request, .this letter provides you with a proposal for services in connection with thc above
referenced project. The study is intended to review the existing zoning of the residential use area nea'~le
southwest corner of the Southold Landfill, immediately north of Route 48; Cutchogue, N~'w York. The
purpose of the study is to understand the zoning history, changes in conditions, and updated land use,
zoning and environmental information,.for the purpose of providing recorranendations concerning future
land use and zoning in this area. The following services.are proposad:
Back,round and l-listorv
1. Establish a study area. which includes the existing residential blocks near lhe southwest comer of
the Town property end a 200 foot radius of adjacent land.
2. Provide discussion concerning the objectives of the study.
3. Review land Use and environmental history of subject site and surrounding area.
4. Review updated information conco'ning water supply availability, the Water Supply Management
& Watershed Protection Su'ategy, activities a~ the Southold Landfill and adjacent pm'ce]s, the
Route 48 Study and rezoning initiatives, and l~nd use, zoning, and environmental planning
information.
Inventory
$. P. rovide mapping .and brief supporting text of land use, zoning, tax parcels, groundwater
~levation, groundw~lter management zones, topography, and natural vegetation.
6. Consider land use legislation which determines land use based on existing zoning and SCDHS
density limitations under Article 6 of the Sanitary Code.
7. Conduct a review of the study area to establish character of use.
8. COnduct a review of the adjacent lands to establish character of use.
Analysis
9. Conduct a detailed study of existing land'use in .the context of environmental plarming factors.
10. Consider mmsportation systems, surrounding land use, existing use and 'potential future use
within the study area.
11. Determine nature of proposed applications within the study area since the area was re'zoned as
industrial land
12. Determine number of owners, parcels, and tax lots, end potential for further subdivision ofland.
13. Consider influences adjacent to the site to determine sl~esses on existing residences.
Recommendations
14. Provide recommendations for pot~'ntial rezoning within the study area for the Town's
consideration.
15. Provide recommendations concerning access and circulati°n to and within ~ study area.
i6. Provide recommendations for development parameters within the s'mdy area.
17. Provide recommendations for adjacent land use buffering and mitigation measures wher~ possible
to miniraiz~ conflict~ bet?een adjacent Uses.
Thc fee /'or the services outlined above will be $4,000.00. Thc study can be completed within
approximately two (2) weeks in draft form for the Board's consideration. Additional services which may
involve review of the implemeniation of any zone change or land use legislation changes 'that the Board ,
may make shall be subject to further environmental review and a separate proposal based upon thc
decision of the Board as to how to proceed, S~h additional work may include the following services for
a typical zone change initiative.
EAF Parts 1.2 and~. Lead A~ency Coordination and Environ~et:lta] Review
1, Preparation of Full Environmental Assessment Form (Part 1).
2. Preparation of Part.2'to determine significance, and preparation of Part 3 to determine magnitude
of impacts; use Planning Study as information tool and as a basis for analysis.
3. Preparation of coordination letters to have the Town Board assume lead agency status,
Determination of Sienificance
4. Prepare SEQR Determination of SignificanCe with supporilng documentation fi.om Planning
Study and Par~ 3.
$. Meet with Lead agency to discuss Declaration and gain input.
6. Finalize Negative Declaration for adoption by the Lead agency.
7. Prepare resolution for assumption of lead agency, classification of action, and adoption of
Determination of Significance.
I; is msurn~d that.thc L~d Agency ,still complct~.all circulation and mailing in con~liance with nog¢c md filing
rcquir~z,m~m~s Of SEQRA, NP&V will ~sist upon
The fee for the SBQR compliance services outlined'above would be $1,500.00, assuming a typical change
' of zone initiative and 'ability to usc information prepared for thc plarmiug stu'dy..~'!sl~ucturing thc
..:.- determination of significa~ice. This study can be .completed within approximat~l.~k: t~'6 (2) weeks of
,' :~ 't §uthorizarion to proce, ed.
I hope this proposal provides you with the reformation you need to discuss this reactor with the. Board. If
you wish us to proCeed with this project, please provide the appropriate authorization, or feel free to call
should you have any questions,
Sincerely,
--Charles $.CVoorhis
TOTRL P.03