The letter explains that three criteria are used in resolving a lead agency dispute. The first is: "whether the anticipated impacts of the action being considered are primarily of statewide, regional, or local significance (i.e., if such impacts are of primarily local significance, all other considerations being equal, the local agency involved will be lead agency)." Discussing this criterion, the letter states: "The City Planning Board argues that the City would be more affected by a change in traffic patterns. The City also argues that the anticipated change in traffic patterns would have a potentially negative impact on its waterfront and at the Basilica--which the City indicates is an important venue for arts, entertainment and weddings. However, the existing truck route is also close to the Basilica and the City is not specific about how changes associated with the haul road project would impact its waterfront differently since the Project Sponsor's trucks already use the waterfront to barge its materials."
The second criterion is: "which agency has the broadest governmental powers for investigation of the impacts of the proposed action." Discussing this criterion, the letter states: "The City Planning Board indicates that there is some question as to whether the proposed haul road is in conflict with the City's zoning. However, the City Planning Board does not offer any specific information on this issue for guiding consideration of the City Planning Board's potential jurisdiction."
There is a third criterion as well: "which agency has the greatest capability for providing the most thorough environmental assessment of the proposed action." The letter does not discuss this criterion because "a designation of lead agency can be made without replying on this third criterion." The designation favored by the first and second criteria is that the Greenport Planning Board be the lead agency.
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