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HomeMy WebLinkAboutTB-05/02/1977 2-:IW k 229 SOUTHOLD TOWN BOARD May 2 , 1977 A regular meeting of the Southold Town Board was held on Monday, May 2, 1977 at the Southold Town Hall, Main Road, Southold, New York. Supervisor Martocchia opened the meeting at 9 :00 A.M. with. the following present: Supervisor Albert M. Martocchia Councilman James H. Rich, Jr. Councilman James Homan Justice Martin Suter Justice Louis 'M. Demarest Town Attorney Robert W. Tasker Town. Clerk Judith T. Terry Absent: Justice Francais T. Doyen Supervisor .Martocchia stated the purpose of this meeting is to di'cuss and review the New York State Environmental _ Quality Review Law. The Board will take some time to study a proposed local law during a recess, then reconvene and possibly set a public hearing on the proposed local law. On motion of Justice Suter, seconded by Councilman Homan, it was RESOLVED that the Board accept for study a proposed local . law: "A Local Law pursuant to Article 8 of the New York Environmental Conser- vation Law providing for environmailital quality review of actions which may have a significant effect on .the environment. " Vote of the Town Board: Ayes: Supervisor Martocchia, Councilman Rich, Councilman Homan, Justice- Suter, Justice Demarest. This resolution was declared duly adopted. On: motion of Councilman Homan, seconded by Justice Demarest, it was RESOLVED that the Town Board of the- Town of Southold request the, Southold Town Trustees to close Town Creek; Southold and Dam Pond, Ea st. Mar ion, .for a period of 30 days, commencing May 10, 1977 for the purpose of implementing the: clam transplant program. Opening date to be upon Department of.-Environmental Conservation approval. Vote of the Town Board: ­.Ayes :. Supervisor Martocchia,Councilman Rich, Councilman.-Homan, Justice. Suter, Justice. Demarest. This resolution was declared, duly 'adopted. On motion of ;Councilman Ho.man.;. seconded: by Councilman Rich, it was . RESOLVED that a recess be called at 9:30 A.M. for one hour; meeting to reconvene at 10-:30 A.M. Vote of the Town Board: Ayes : Supervisor Martocchia, Councilman Rich, Councilman Homan, ,.Justice .Suter, Justice- Demarest. This resoltuion-was declared duly adopted. Meeting reconvened at 10 :55 A.M. On motion of Councilman Rich, seconded by Justice Demarest, it was RESOLVED that -the Town Board of the -Town of -Southold..wi11 hold-..a public hearing at -the Southold Town Hall, Main Road, -Southold, - New-York- on the 19th day. of_ May, 1977 at 7 :30 P.M. at:which time and place all. interested persons will be given an opportunity to. be .heard upon the- following Matter: "A Local Law pursuant to Ariicle 8-,of the New York Environmental Conservation: Law providing::for:,environmental..quality review of, actions which may have-.a significant effect-on .the environment, " which reads as follows: MAY 2 1977 BE IT ENACTED by the Town Board of the Town 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 This Chapter shall be known and may be cited as the "Environmental Quality Review Law of the. Town of' Southo_ld." Sec. 44-2 Definitions (a) "Rules" mean Part 617 of , Title 6 of the Codes, Rules and Regilations 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 context otherwise requires; the words and phrases used in this Chapter shall, -for the purposes of. thiz . Chapter, have the meanings respectively ascribed ,to .them by Article. 8 of the Environmental Conservation Law and- Part. 617 of Title 6 of the Codes, Rules and Regulations of -the -State of New-York (NYCRR) . Sec.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, provided, however, that nothing herein- shall be construed as prohibiting: (a) the conducting of contemporaneous environmental, engineering, economic feasibility of-other studies'. and preliminary . planning abd 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 appli- cation 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. Sec. 44-4 Types of Actions (a) Consistent with the Rules and' the criteria therein, the actions listed in 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 617. 12 of the- Rules as Type II -actions, are deemed not to have -a significant effect on--the environment. Sec. 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 state- ment 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-prescribed by the Town and- shall -contain. such additional relevant information as may be required. Such state- ment shall be- accompanied: by drawings, sketches. and maps, -. if any, together with any other relevant- explanatory material-. required bythe.. Town Agency. Sec. 44-6 Notice of completion of. Statement - Uppn 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 therein- of any-person shall be. received by the Town Agency no later than a date specified in such notice: Sec. 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 complete application and statement , provided, � however, that such period may extended by mutual agreementof the applicant and the Town Agency. The. detwmination shall state whether such propeeed 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 FAIRY 21971 2.3,. herein .s.hall .be coordinated with to the extent practicable, other :time,. limitations provided by law, rule or regulation of the Town. Seca 44-8 Procedure After Determination (a) If the Town Agency determines that the proposed action will not have a significant effect on the environment, the Town Agency shall prepare,afile 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)E If the Town' Agency- determines that the proposed action- may have a 'significant effect On the environment, 'it shall prepare file; , anc eircul'ate such -determination as required by Section 617.7 (b) of the- Rules and thereafter the proposed ac tion' shall be reviewed and processed= in accordance with the provisions of this-Chapter and the Rules. Sec. 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, imme'diately .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. (c) If the applicant decides not -to-submit' a draft environmental impact statement, the Town Agency' shall prepare or cause such statement to -be prepared, ,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 withdrawnc.-and no further action will be taken thereon. The Town Agency may require appl-icant to submit fee to defray the expense of' the preparation- and/or -review of such statement. Sec. 44-10 - Notice of Compl1-etion•-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 '-611 'T : (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 env ronmenta'1 impact statement and the Notice of Completion =shall be filed., =sent and made available .as ,requixed -by Section 617-:'7' - (e)-arid (f)- -of ' the Rules: (b) In-the event that the Town Agency -`deter--mines that ,a public hearing • shall -be 'held ,o* n. •a draft environmental impact -statement,' notice ther-ef.o shall'be filed; Circulated -and `sent,-in the =same manner ;as the Notice. .of =Completion and sha-1-1=be.=published --iri 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 -dra-ft -environmerital- impca-t. statement :may `be, sent `and the 'date before which such -comments shall-=be - re(jeived.. --The' ,,hear-ing '.sh"all -commence,-no less .than 15 :calendar days,` `nor .More-.than 60 calendar days. of the filing of the -draft environ- mental Impact statement, .unless the Town Agency determines -tha t . add-itional time -is ,necessary- for the 'public:'or other -agency :review of -the-draft �environme'ntal impact statement--or. `where -a -different hearing date is required •.as =appropriate •under other =applicable law.- Sec. 44-11-'= Determination on Draft 'Environmental Impact Statement If on the basis of a draft 'envier-orimental impact statement --or `a public hearing thereon the Town .Agency d.eter-mines- that an `action;-,will -not- have a significant effect on the environment, the proposed action may be proceessed,-w- -thout -further regard "to this Chapter=: -Sec. 44-12-' Prepa-ration)'of Final _Environmental Impact -Statement -The Town Agency shall prepare 'or '-cause -to; be prepared;- or `dir-ect: the applicant to prepare the- final environmental impact-statement. -Such final environmental- •impa'ct *statement l'shal-l-=be' prepared -within '4-5 days -a-fter the close' -of ariy he`arin4 -or with-in .-60- days -after lthe filing of -the - draft environmental -impact statement, whichever last ,occurs. -Not- withstanding the foregoing,- the. Town Agency may extend'-such `tim� when necessary to adequately complete the statement, or where problems ident, f 'ed`-with,-the proposed 'action -require -material�­reconsideration' -or mod-if ca-tion:• • -Sec. 44-13 -'Notice of -Comple'tion =of Final -Environ- mental Impact Statement - A Notice of Completion of Final Environmental MY Impact:. St-atement-_s.ha 11 ,be--prepared, .. filed and- sent in the -same .manner as p1:Qv-ided__ irrD S-ection. 44-10 i hereof, and shall ,be sent, to. al-1- .*persons to whom.D the Notice of Completion !of' ,the ,draft environmental -impact-.., statement_i was. s.en.t.- ,Copi-es of the ;final :envIronmentaI impact' statement, shall be filed: and. made ava.iiable for review. in- the same manner. as the draft environmental. , impact-- staot.ement.- ,- Sec-.44-14,— Determ_iXiation.. o-n,IF,ina.,l-,,Envlironmenta.1 Impact Statement -.,No decision - ., to. carry out,.or,..approve an action which; 11as been thesubject of a ,.- final environmental impact statement by a Town Agency or by any. other agency..phall-.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 f iling--- of. the final environmental impact .statement.,, . Sec. 44-15-Preparation of,.Findings . - When the TownAgency decides to carry out or approve an act'ion, which may have a .significant effect on the environment; it shall, make the folbowing findings in 'a written determination: (a) consistent with social,, economic and;.other -essential considerations of state,p9licyi. to the maximum pxtent -practicable, from among the reasonable..alte.rna.tives therleto, ,the action to be carried out or approved is _ - one which, minimizes_ or ,a-vpids adverse environmental effects, including theeffects disclosed in the relevant environmental impact---statement,. and (b) -all practicable .means will be. taken in carrying our -or approving the actionto minimize , or- avoid -adverse . - environmental effecta. Sec. 44-16" Filing Findings - For public information pqrposes, a copy of the determination shallbe -filed and made-available as providdd- by.,the Rules. Sbc. -44-17 - Public inspection of Files ..The Town shall maintain files . open .f,or public inspection of .all Notices of Completion, draft and final environmental impact-statements, and wr.itten .d.eterminations prepared or caused to be prepared by a Town Agency. Sec. 44-18 - Actions Involving More . than One Agency -- Where more :than one agency ordepartment is involved in an action, . the -procedures to - Sections 617.4 and 6,17.8 of the Rules shall be fol-l-owed. Sec-.-, -44-19 - Actions Ex.empt; "- Act­ions undertaken or approved..prior ,.to the dates specified in. Article. 8;--if the .-Environ- , - mental Conservation. .La3 for loca,l -agencies .shall be exempt , from . this local law,and,ithe :provisions ,of :Article 8 of the Environmental Conservation Law and -thetRules, provided, -however., that -if .-after such dates a Town Agency modifies ,an action uneertaken or -approved pri_or ..:tP .that -date and such agency determines that the modification may have a significant adverse effect on the environment, anch modification shall-.-be ,a. .n action . subject to this -local: -law and -Part .617 of .Title 6 N.Y.C.R.R. Sec. 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 :-reviewingenvironmental statements. Such fee should be in :the amount- of the, actual -costs to the -Town as det rminpd ,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. - Sec. 44-21 This- local' law, sha-11 take,,effect, immediately. Vote of the Town Board, ,Ayesi Supervisor Martocchia, Councilman Rich, Councilman -Homan, Justice Suter,- .Justice. Demarest-. This res6lution was- declared..duly adopted. On motion of Justice Demarest, seconded by .Justice Suter, , it was RESOLVED tha-t thee -firm of, Smith, Finkelstein, ,Lundberg -and Yakabowski be and they h-ereby;' are retained* as ,attornies -to .,represent the Town of Southold in the suit brought by A.B. Rosenberg against, Howard -M. Terry., -,Building -Inspect.or- and .the Town of Southold. Vote of the Town Board: Ayes : Supervisor Martocchia, Councilman Rich, Councilman Homan, Justice Suter, Justice Demarest.. This resolution, was ,declared, duly -adopted. , Justice Suter stated that the plants delivered to . ea.ch depart,mentat the Town Hall are courteousy of Mr_ Fred Jens, Mattituck Green-houses. MY : 2 ,t977 2.3-.3 Justice Suter also stated .for the record t1a t Justice Francois Doyen would like to have attended this first meeting at the new Southold Town Hall but is confined to the hospital. On motion of Justice Demarest, seconded by Councioman Homan, it was RESOLEED that this Town Board meeting be adjourned at 11:00 A.M. Vote of the Town Board;:...•Ayes :. S.upervi.sor Martocchia, Councilman Rich, Councilman Homan, Justice Suter, Justice' Demar,est. This resolution was declared duly adopted. Judith T. Terry ,Town. .Clerk