The special meeting of the Planning Board last night went on for more than three hours, as the members of Planning Board reviewed and corrected Colarusso's responses to Part 1 for the Full Environmental Assessment Form (FEAF). But before that review began, Planning Board member Stephen Steim asked permission to speak about letters received from John Privitera, attorney for A. Colarusso and Sons.
letter from Privitera sent to the board on February 8, 2021, which makes these arguments:
- Since the dock is an ongoing operation, the impact of which is known and fully mitigated by the Code requirements with which we comply, the scope of review of the Dock Application is limited to the impact of the Bulkhead Repair on the recreating public;
- the scope of the review of the Haul Road Application is limited to the impact of the proposed improvements;
- SEQRA review on the Dock Application should be limited to the impact of the Bulkhead Repair and the additional conditions imposed by the Planning Board pursuant to the City Code; and
- no further SEQRA review by the Planning Board on the Haul Road Application is required or permitted.
a) As of 2011, commercial dock operations could continue as a nonconforming use; b) the right to operate as a non-conforming use terminated when they did the "triggering" act of working on the bulkhead; c) now that the right to operate as a nonconforming use has been terminated by the triggering act, they need to get a special use permit for the entire operation in order to continue to operate; d) the Court said that "SEQRA review for continued commercial dock operations is necessary."
Steim's comments take up a little more than five minutes at the beginning of the meeting, which can be viewed in its entirety here.
A bit later in the meeting Privitera told the board, "We are here to conform to the order to remedy. We are not here for the entire revisitation of the entire dock operation." Victoria Polidoro, counsel to the Planning Board, corrected him saying, "The permit is for the continued use of the dock. It's the whole enchilada."
COPYRIGHT 2021 CAROLE OSTERINK