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Home My WebLink AboutAmendment To LWRP 2011 MARTIN D. FINNEGAN TOWN ATTORNEY martin.finnegan@town.southold.ny.us JENNIFER ANDALORO ASSISTANT TOWN ATTORNEY jennifer.andaloro@town.southold.ny.us LORI M. HULSE ASSISTANT TOWN ATTORNEY lori.hulse@town.southo]d.ny.us SCOTT A. RUSSELL Supervisor Town Hall Annex, 54375 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1939 Facsimile (631) 765-6639 OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD RECEIVED JUN 2 3 2011 June 23, 2011 Southold Town Clerk Mr. Jaime Ethier, Coastal Resources Specialist New York State Department of State 1 Commerce Plaza, Suite 1010 Albany, NY 12233 RE: Town of Southold LWRP Dear Mr. Ethier: With respect to the Town of Southold's adoption of the Amendment to the Town's Local Waterfront Revitalization Program (LWRP) at its meeting on June 21,2011, enclosed please find a copy of the adoption resolution. In addition, I am enclosing Supervisor Russell's original letter addressed to Kevin Millington, including enclosures, regarding our request for approval of the LWRP by the Secretary of State. Kindly forward same to Mr. Millington. Thank you for your valuable assistance regarding this matter. If there is anything further you require, please do not hesitate to contact me. JNIk Enclosures Very truly yours, /,~ A's~stant T~iq Attorney cc: Members of the Town Board (w/encls~) / Ms. Elizabeth A. Neville, Town Clerk (w/encls.) ~ Mr. Mark Terry, Principal Planner (w/encls.) RESOLUTION 2011-465 ADOPTED DOC ID: 6952 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2011-465 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JUNE 21, 2011: WHEREAS, the Town of Southold has amended the Town's Local Waterfront Revitalization Program by amending the Town's Waterfront Consistency Review Law in cooperation with the New York State Department of State in accordance with the provisions of Executive Law, Article 42; and WHEREAS, the Town of Southold has amended the Town's Local Waterfront Revitalization Program to reflect changes made to the maps and narratives for the State's Significant Coastal Fish and Wildlife Habitats within the Town's Local Waterfront Revitalization Area; and WHEREAS, the Town Board, as lead agency, has prepared and evaluated an Environmental Assessment Form concerning the action of adopting the Local Waterfront Revitalization Program Amendment in accordance with the requirements oftbe State Environmental Quality Review Act and Part 617 of the implementing regulations of Article 8 of the New York State Environmental Conservation Law, and determined that there will be no anticipated adverse impacts upon natural, institutional, economic, developmental, and social resources of the Town, and have, therefore, prepared and filed a Negative Declaration on February 1,2011. NOW, THEREFORE, BE IT RESOLVED that the Local Waterfront Revitalization Program Amendment for the Town of Southold is adopted by the Town Board and the Supervisor is authorized to submit the LWRP to the New York State Secretary. of State for approval~ pursuant to the Waterfront Revitalization of Coastal Areas and Inland Waterways Act. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Christopher Talbot, Councilman SECONDER: Louisa P. Evans, Justice AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell SCOTT A. RUSSELL 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 June 23,2011 Mr. Kevin Millington New York State Department of State Division of Coastal Resources 99 Washington Avenue, Suite 1010 Albany, NY 12231-0001 RE: Town of Southold LWRP Dear Mr. Millington: I am pleased to report that the Town Board adopted the Amendment to the Town of Southold Local Waterfront Revitalization Program (LWRP) at its meeting on June 21, 2011. Enclosed is a copy of the adoption resolution for the LWRP. I have also enclosed a copy of the Negative Declaration for the LWRP. The Town of Southold hereby requests approval of the LWRP by the Secretary of State. Very t~ours, Supervisor SAR/Ik Enclosures cc: Martin D. Finnegan, Town Attorney Ms. Elizabeth A. Neville, Town Clerk RESOLUTION 2011-465 ADOPTED DOC ID: 6952 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2011-465 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JUNE 21, 2011: WHEREAS, the Town of Southold has amended the Town's Local Waterfront Revitalization Program by amending the Town's Waterfront Consistency Review Law in cooperation with the New York State Department of State in accordance with the provisions of Executive Law, Article 42; and WHEREAS, the Town of Southold has amended the Town's Local Waterfront Revitalization Program to reflect changes made to the maps and narratives for the State's Significant Coastal Fish and Wildlife Habitats within the Town's Local Waterfront Revitalization Ama; and WHEREAS, the Town Board, as lead agency, has prepared and evaluated an Environmental Assessment Form concerning the action of adopting the Local Waterfront Revitalization Program Amendment in accordance with the requirements of the State Environmental Quality Review Act and Part 617 of the implementing regulations of Article 8 of the New York State Environmental Conservation Law, and determined that there will be no anticipated adverse impacts upon natural, institutional, economic, developmental, and social resources of the Town, and have, therefore, prepared and filed a Negative Declaration on February 1,2011. NOW, THEREFORE, BE IT RESOLVED that the Local Waterfront Revitalization Program Amendment for the Town of Southold is adopted by the Town Board and the Supervisor is authorized to submit the LWRP to the New York State Secretary, of State for ai~oroval, oursuant to the Waterfront Revitalization of Coastal Areas and Inland Waterways Act. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Christopher Talbot, Councilman SECONDER: Louisa P. Evans, Justice AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell 617.20 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I - PROJECT INFORMATION (To be completed by Applicant or Project Sponsor) 1. APPLICANT/SPONSOR 2. PROJECT NAME Town of Southold Amendments to the Town of Southold LWRP 3 PROJECT LOCATION: Suffolk Municipality Southold County 4 PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc, or provide map) Town-wide 5. PROPOSED ACTION IS: [] New [] Expansiori [] Modification/alteration 6 DESCRIBE PROJECT BRIEFLY: Amendments to the Town of Southold Local Waterfront Revitalization Program 7. AMOUNT OF LAND AFFECTED: Initially WA ac*es Ultimately NA acres 8 WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? [] Yes [] No If No, describe briefly 9 WHAT IS PRESENT LAND USE IN vmCINIW OF PROJECT? [] Residential [] Industrial [] Commercial [] Agdcutiure [] pank/Forest/Open Space [] Other Describe: Not applicable 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? [] Yes [] No If Yes, list agency(s) name and permit/approvals: New York State Department of State 11, DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? [] Yes [] No If Yea, list agency(s) name and permit/approvals: NA 12 AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? [~] Yes ~']No Applicant/sponsorname: -"~0(~//~ 0-1~--.~ 5"(~,Gk-~o Id Date: 2/1/2011 If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER 1 )AliT II - IMPACT ASSESSMENT (To be completed by Lead Agency) A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.4? If yes, coordinate the review process and use the FULL EAF B VvlLL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.67 If No, a negative declaration may be superseded by another involved agency. C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED VViTH THE FOLLOWING: (Answers may be handwritten, if legible) C1. Existing air quality, surface or groundwater quaffiy or quantity, noise levels, existing traffic pattern, solid waste production or disposal. potential for erosion, drainage or flooding problems? Explain bhefly: None C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? Explain briefly: None C3. Vegetation or fauna, fish. shellfish or wildlife spedes, significant habitats, or threatened or endangered spedes? Explain bhefly: None C4. A community's existing plans or goa~s as officially adopted, or a change in use or intensity of use of land or other natural ~esources? Explain briefly: None C5 Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly: None C6 Long term, short term, cumulative, or other effect~ not identified in C1-C57 Explain bdefly: None C7. Other impacts (incJuding changes in use of either quantity or type of energy)? Exp{ain briefly: None WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA (CEA)? [] Yes [] NO If Yes, explain bdefiy: IS THERE, OR iS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? [] Yes [] No If Yes, explain bhefly: PART 111 - DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important or otherwise significant E~,ch effect should be assessed in connection with its (a) seffing (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) irreversibility; (e) geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identif"~cl and adequately addressed. If question D of Part II was checked yes, the detarmination of significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA. ] Checkthisb~xify~uhaveident~fied~ne~rm~rep~tentia~y~arge~r~igni~cantadverseirnpactswhichMAY~ccur~ ThenproceeddirectlytotheFUL EAF and/or prepare a positive declaration. ] Checkthisb~xify~uhavedetermined~based~ntheinf~rma~i~nandana~ysisab~veandanysupp~rt~ngd~cumentati~n~that~hepr~p~sedacti~nW1L~ NOT result in any significant adverse environmental impacts AND provide, on attachments as necessary, the reasons suppo~ng this determinatior Town of Southold Town Board Name of Lead Agency Scott Russell J'/7 S/~7~3~ire of R~spongible Officer in Lead Agency 2/1/2011 Date Supervisor RESOLUTION 2011-134 ADOPTED DOC ID: 6625 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2011-134 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON FEBRUARY 1, 2011: WHEREAS, the Town of Southold has amended the Town's Local Waterfront Revitalization Program by amending the Town's Waterfront Consistency Review Law in cooperation with the New York State Department of State in accordance with the provisions of Executive Law, Article 42; and WHEREAS, the Town of Southold has amended the Town's Local Waterfront Revitalization Program to reflect changes made to the maps and narratives for the State's Significant Coastal Fish and Wildlife Habitats within the Town's Local Waterfront Revitalization Area; and WHEREAS, the Town Board, as lead agency, has prepared and evaluated an Environmental Assessment Form concerning the action of adopting the Local Waterfront Revitalization Program Amendment in accordance with the requirements of the State Environmental Quality Review Act and Part 617 of the implementing regulations of Article 8 of the New York State Environmental Conservation Law, and determined that there will be no anticipated adverse impacts upon natural, institutional, economic, developmental, and social resources of the Town, and, therefore, authorizes Supervisor Scott A. Russell to execute the Environmental Assessment Form and the Negative Declaration; NOW, THEREFORE, BE IT RESOLVED that the Local Waterfront Revitalization Program Amendment for the Town of Southold is accepted by the Town Board as complete and ready for public review and shall be submitted to the New York State Department of State for its review by State, Federal and Regional agencies pursuant to the provisions of Article 42 of the New York State Executive Law; and be it further RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Amendment at Southold Town Hall, 53095 Main Road, Southold, New York, on the l0th day of May, 2011 at 7:35 p.m. at which time all interested persons will be given an opportunity to be heard. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Christopher Talbot, Councilman SECONDER: Albert Krupski Jr., Councilman Resolution 2011-134 AYES: Ruland, Orlando, Talbot, Krupski Jr., Russell ABSENT: Louisa P. Evans Board Meeting of February 1,2011 Updated: 2/2/2011 11:22 AM by Linda Cooper Page 2