The Ins and Outs of the SEQRA Short Environmental Assessment Form. Presented by Nan Stolzenburg, AICP CEP Don Meltz, AICP

Transcription

1 The Ins and Outs of the SEQRA Short Environmental Assessment Form Presented by Nan Stolzenburg, AICP CEP Don Meltz, AICP 1 Community Planning & Environmental Associates/Don Meltz Planning & GIS November 2015

2 Agenda Using Part 1, Completing Parts 2 and 3 Explanation and concepts Identifying small, moderate and large impacts Determining significance Applying skills: An Example Questions/Answers 2 Community Planning & Environmental Associates/Don Meltz Planning & GIS November 2015

3 Who is Responsible for Doing SEQR? For any discretionary action Town Board/Village Board Adoption of Laws/Updates Adoption of Comprehensive Plan Planning Board Site Plan, Special Use, Subdivision approvals ZBA Variances, Special Use approvals Not the CEO/Building Inspector for issuance of permits 3 Community Planning & Environmental Associates/Don Meltz Planning & GIS November 2015

4 The purpose of SEQR To identify and mitigate the significant environmental impacts of an action 4 Community Planning & Environmental Associates/Don Meltz Planning & GIS November 2015

5 How? - Analysis! 5 Community Planning & Environmental Associates/Don Meltz Planning & GIS November 2015

6 The purpose of the Forms Standardizes the process Identifies all of the Parts to be analyzed Records decisions 6 Community Planning & Environmental Associates/Don Meltz Planning & GIS November 2015

7 SEQR Flowchart 7 Community Planning & Environmental Associates/Don Meltz Planning & GIS November 2015

8 Which EAF? Read the Part 617 List! Type I actions FEAF Type II actions No Review (ak) defines Unlisted Actions - SEAF (or FEAF) 8 Community Planning & Environmental Associates/Don Meltz Planning & GIS November 2015

9 The (New) SEAF Some Topics Covered: Consistency with character of the Landscape Traffic, bike and pedestrian uses Energy code compliance Water supply and wastewater utilities State and National Register of Historic Places Archeological resources Regulated wetlands and water bodies Flood plains Habitats, (in addition to Land Uses) Threatened or endangered species Storm water discharges and other water impoundments Former waste management facilities Hazardous waste remediation activities 9 Community Planning & Environmental Associates/Don Meltz Planning & GIS November 2015

10 Take Advantage of: Workbooks The Workbooks are web sites Lead you through filling out the EAF Lead you through reviewing the project Have links to online resources, maps, DEC webpages The new EAF Mapper Glossary 10 Community Planning & Environmental Associates/Don Meltz Planning & GIS November 2015

11 The Workbook Websites - Links 11 Community Planning & Environmental Associates/Don Meltz Planning & GIS November 2015

12 The Workbooks Are GUIDANCE Documents, and do not contain legal requirements Are NOT MEANT to be an aid to the entire SEQR process The Workbooks are not required to be used during a SEQR process. Are linked to the online PDF forms Can be printed out as a pdf but best used online Integrate with the EAF Mapper 12 Community Planning & Environmental Associates/Don Meltz Planning & GIS November 2015

13 Take Advantage Of: Linked Online PDF s Designed to use Information Available on DEC Website Links to workbook are embedded into the new forms for all parts Leads the user to the appropriate page within the workbooks 13 Community Planning & Environmental Associates/Don Meltz Planning & GIS November 2015

14 Take Advantage of: Links to DEC Website 14 Community Planning & Environmental Associates/Don Meltz Planning & GIS November 2015

15 The EAF Mapper Application Will partially fill out Part I of the FEAF or SEAF Designed to be definitive for no s, and yes s are a trigger to look further into the data Data added in from DEC is not editable Applicants should run the EAF Mapper first, then fill in the rest of the information Includes a map that can be attached to EAF for verification 15 Community Planning & Environmental Associates/Don Meltz Planning & GIS November 2015

16 Introducing SEAF, Part 1 Applicants responsibility to obtain data and fill out Part 1 s purpose: gather site specific data Data to come from existing data sources Workbooks link to those sources New concepts/information covered in SEAF: Other permits needed Acreage/size of project Land uses on or near site: type, permit status, consistency with local plans Consistency with character of built or natural landscape Is a CEA present, and if so, what is it 16 Community Planning & Environmental Associates/Don Meltz Planning & GIS November 2015

17 Introducing SEAF, Part 1 Substantial increase in traffic levels State energy code requirements Water and wastewater facilities and supplies Historic and archaeological resources Wetlands, waterbodies, floodplains information Habitat types Threatened or endangered species or their habitats Status of point or nonpoint pollution that may be generated Drainage, stormwater, impoundments planned Presence of solid waste, hazardous wastes 17 Community Planning & Environmental Associates/Don Meltz Planning & GIS November 2015

18 Words, Concepts and Topics to Consider. Difference between near and adjacent (or adjoining )? What is consistent with the adopted comprehensive plan or community character? What is predominant character? What is a substantial increase in traffic? Difference between point and nonpoint pollution? Key Concept: Scale and Context 18 Community Planning & Environmental Associates/Don Meltz Planning & GIS November 2015

19 Example Site Plan- Truck Depot Brief background on the example Site plan Elevation drawing 19 Community Planning & Environmental Associates/Don Meltz Planning & GIS November 2015

20 Truck Traffic Residences across street Residence Wetland Large Parking Lot & Lights 20 Community Planning & Environmental Associates/Don Meltz Planning & GIS November 2015

21 Lighting Plan 21 Community Planning & Environmental Associates/Don Meltz Planning & GIS November 2015

22 View from Street 22 Community Planning & Environmental Associates/Don Meltz Planning & GIS November 2015

23 EAF Mapper for this project Don t forget to ALLOW Pop-Ups! Applicants Use the EAF Mapper first to get a partially filled out SEAF in pdf format, then fill out rest of the form 23 Community Planning & Environmental Associates/Don Meltz Planning & GIS November 2015

24 Example of EAF Mapper Results 24 Community Planning & Environmental Associates/Don Meltz Planning & GIS November 2015

25 Example of EAF Mapper Results 25 Community Planning & Environmental Associates/Don Meltz Planning & GIS November 2015

26 Example: Truck Depot Part 1 Info Is consistent with Comp Plan and zoning Not in a Critical Environmental Area In a light industrial area with mixed uses Will increase truck traffic at concentrated times of the day Will have on-site well and wastewater No historic resources, but in an area with archaeologically sensitive resources Has a regulated wetland on site Has potential for a listed species Not in a floodplain Will need SPDES/SWPPP permits No former dump or site of remediation Has outdoor lighting, will generate noise from trucks Changes from vacant lot to a higher intensity use. 26 Community Planning & Environmental Associates/Don Meltz Planning & GIS November 2015

27 Example: Truck Depot What do we know from Part 1? What impacts could occur? How large are those impacts? Which topics will move into Part 3? 27 Community Planning & Environmental Associates/Don Meltz Planning & GIS November 2015

28 Introducing SEAF, Part 2 Lead Agency s responsibility: Review Part 1 and Complete Part 2 Part 2 s role and purpose: Is there an impact? If so, how large is it within the scale and context of the action? Measuring impact Use the information from Part 1 to answer Part 2 DEC s intent is NOT to require additional studies in order to complete Part 2 but in some circumstances additional information may be needed. 28 Community Planning & Environmental Associates/Don Meltz Planning & GIS November 2015

29 How to do new Part 2 Impact Assessment Scale Size and intensity Context Conditions on the project site and its relation to adjacent parcels and broader area Measuring impacts No impact Small impact Moderate impact Large impact 29 Community Planning & Environmental Associates/Don Meltz Planning & GIS November 2015

30 Part 2 Includes Is there a conflict with plans or regulations? Will there be a change in use or intensity? Will it impair character or quality of community? Will it impact a CEA? Will it change existing traffic or traffic infrastructure? Will it increase use of energy? Will it impact existing public/private water supplies or wastewater treatment? Will it impair character of quality of historic, archaeological, architectural or aesthetic resources? 30 Community Planning & Environmental Associates/Don Meltz Planning & GIS November 2015

31 Part 2 Includes Will it result in change to natural resources? Will it result in or increase erosion, flooding, drainage? Will it create hazard to environmental or human health? 31 Community Planning & Environmental Associates/Don Meltz Planning & GIS November 2015

32 Example: Truck Depot Part 2 Changes intensity of use of the area Will increase truck traffic at concentrated times of the day, which may interfere with peak travel times Archaeologically sensitive resources may be impacted Disturbances will stay out of the buffer of the regulated wetland Is in an area known to be habitat for a listed species Lighting, noise, and intensity levels may impact neighbors (character of neighborhood) 32 Community Planning & Environmental Associates/Don Meltz Planning & GIS November 2015

33 33 Community Planning & Environmental Associates/Don Meltz Planning & GIS November 2015

34 The process can encourage project changes or additional information used in the analysis of significance. In example, a subsequent archaeology study and habitat analysis showed listed species and archaeological resources were not an issue after all. 34 Community Planning & Environmental Associates/Don Meltz Planning & GIS November 2015

35 Example: Truck Depot No Likely Impact Is consistent with Comp Plan and zoning No Critical Environmental Area In a light industrial area with mixed uses consistent with some existing uses No disturbance to wetland Adequate stormwater plans No wildlife or archaeological issues May Have Some Impact May have significant traffic change Will be more intensive use May impact nearby residences with noise and lighting (neighborhood character) 35 Community Planning & Environmental Associates/Don Meltz Planning & GIS November 2015

36 Example: Truck Depot Moderate to Large Impacts Move to Part 3: are these impacts significant: Increase in intensity of land use Increase in truck traffic Change in neighborhood character 36 Community Planning & Environmental Associates/Don Meltz Planning & GIS November 2015

37 SEAF, Part 3 Lead Agency s responsibility: Complete Part 3 Part 3 s role and purpose: Determining Significance Magnitude Duration Likelihood Magnitude of Impact Duration of Impact Likelihood of Impact Moderate (localized) Large (Severe) Short-term Medium-term Long-term Unlikely to occur Possibly will occur Probably will occur Irreversible 37 Community Planning & Environmental Associates/Don Meltz Planning & GIS November 2015

38 Magnitude of Impact Duration of Impact Likelihood of Impact Organizing Your Part 2 Decisions for Part 3 Question 2. Impact on increased intensity of land use Question 3. Impact on neighborhood character Moderate Large Moderate Large Short-term Medium-term Long-term Irreversible Short-term Medium-term Long-term Irreversible Unlikely to occur Possibly will occur Probably will occur Unlikely to occur Possibly will occur Probably Short-term Unlikely to occur Question 5. Increase in traffic Moderate Large Medium-term Long-term Possibly will occur Irreversible Probably will occur 38 Community Planning & Environmental Associates/Don Meltz Planning & GIS November 2015

39 Determining Significance Significance Guidelines Severe/Large Moderate (localized) Probably will occur Possibly will occur Unlikely to occur (rare) Probably will occur Possibly will occur Unlikely to occur (rare) Long-term or Irreversible impacts Mediumterm impacts Significant May be Significant Not Significant Short-term impacts 39 Community Planning & Environmental Associates/Don Meltz Planning & GIS November 2015

40 Example: Truck Depot Use Chart 1 and 2 in decision making Impacts identified could be significant, but Planning Board Made changes to project to mitigate Traffic Required use of significant screening & maintenance of vegetation Use of full cut-off lights Turning Lane for traffic Cupolas and other architectural features added As a result of SEQR and project changes, a Negative Declaration No significant adverse impacts was made 40 Community Planning & Environmental Associates/Don Meltz Planning & GIS November 2015

41 Statement of Significance Lead Agency says Neg Dec, now what? Write Statement - See sample statements in Workbook include rationale for decision and mitigation.very Important. Check and sign box This serves as your Negative Declaration File as required. 41 Community Planning & Environmental Associates/Don Meltz Planning & GIS November 2015

42 Statement of Significance If Lead Agency says Pos Dec, now what? Write Statement Use the EAF as scope for EIS Check and sign box Move into next SEQR phase 42 Community Planning & Environmental Associates/Don Meltz Planning & GIS November 2015

43 Q and A Forms and other SEQR Information: Workbooks: Community Planning & Environmental Associates: Thank you for attending Community Planning & Environmental Associates/Don Meltz Planning & GIS November 2015