St Stop op the Furrow ows Roa Road Proj oject Sa Sachem m - - PowerPoint PPT Presentation

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St Stop op the Furrow ows Roa Road Proj oject Sa Sachem m - - PowerPoint PPT Presentation

Apr 01, 2024 226 likes •1.17k views

St Stop op the Furrow ows Roa Road Proj oject Sa Sachem m Commu ommunity Stakeholders Mee/ng St Stakehol olders Meeting Presenta/on Patrick Fife, Esq. Twomey, Latham, Shea, Kelley, Dubin & Quartararo, LLP

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SLIDE 1

St Stop

  • p 


the Furrow

  • ws Roa

Road Proj

  • ject
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SLIDE 2

Sa Sachem m Commu

  • mmunity

Stakeholders’ Mee/ng

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SLIDE 3

St Stakehol

  • lders Meeting

  • Presenta/on
  • Patrick Fife, Esq.

Twomey, Latham, Shea, Kelley, Dubin & Quartararo, LLP

  • Adrienne Esposito, Execu/ve

Director – Ci/zens Campaign for the

Environment

  • Ques/on and Answer
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SLIDE 4

Acronyms

  • DEC – NYS Department of Environmental

Conserva/on

  • SEQRA: NYS Environmental Quality Review Act
  • FOIL: Freedom of Informa/on Law
  • NYA: New York & Atlan/c Railway, Inc.
  • MSW: Municipal Solid Waste
  • C & D: Construc/on & Demoli/on Debris
  • BIC: NYC Business Integrity Commission
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SLIDE 5

Stop the Furrows Road Project

Guiding Principles

  • 1. We will not be moved in our effort to

protect

  • Our Health
  • The Environment
  • Our Homes
  • 2. We will remember those who stood

by us and those who didn't

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SLIDE 6

History & Perspec/ve

  • Islip zoning ordinances established 1938. Town-

wide categories created 1956; ordinances uniformly applied throughout the Town By 1962

  • Furrows Road Parcels Zoned Industrial 1 District
  • Outdoor storage of materials and vehicles

prohibited.

  • Some types of asphalt produc/on permided
  • Max Fehr 1962 purchase of Furrows Road fully

treed parcels

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SLIDE 7

Aerial Imagery 1962

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SLIDE 8

LILCO Owned Parcels

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SLIDE 9

Fehr Family Industrial Parcels

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SLIDE 10

Aerial Imagery 1978

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SLIDE 11

Aerial Imagery 1984

LILCO Owned parcels that appear to have been cleared and mined

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SLIDE 12

The 1990s – The Bad Years

  • 1993 Suffolk County Department of

Health Services Board of Review denial of for a waiver from Ar/cle 7 of the Suffolk County Sanitary Code

  • 1996 DEC grant of “Registra/on”

authority for the storage of up to 450,000 cubic yards of solid waste on those parcels

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SLIDE 13

The 1990s – The Bad Years

  • Outdoor storage of the tailings of the boring
  • f the NYC #3 water tunnel in queens
  • November 1998 Town of Islip enforcement

ac/on

– Outdoor storage of materials – Outdoor storage of vehicles – Radio tower – Subdivision of the parcels – Unpermided clearing of land, trees and underbrush

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SLIDE 14

The 2000s – The Beat Goes On

  • March 2000 applica/on to Islip ZBA for

confirma/on of non-conforming use of property for outdoor storage of materials (sand, stone, asphalt and concrete); for trucks; and for installa/on of a radio tower.

  • August 2000 Islip ZBA found that the expansion of

non-conforming storage of materials and vehicles exceeded permissible limits and that subdivision of the parcels likely terminated the non-conforming use of the asphalt plant itself.

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SLIDE 15

The 2000s – The Beat Goes On

  • January 2001 Islip ZBA determined that the

asphalt plant is a legal non-conforming use but denied the applica/on to confirm the non- conforming use for the stockpiling of materials and the parking of vehicles.

  • February 2001 the Fehrs ini/ated an Ar/cle 78

proceeding in the Supreme Court in Suffolk County seeking annulment of the TOI ZBA’s January decision.

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SLIDE 16

The 2000s – The Beat Goes On

  • Applica/on to Town Of Islip (TOI) Planning

Board for Site Plan Modifica/on to construct a berm, install fencing and landscaping, and dedicate land for the Town’s construc/on of a recharge basin

  • Following public hearings in June and July,

TOI Planning Board approved the applica/on condi/oned upon the execu/on and recording of a Declara/on of Covenants and Restric/ons

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SLIDE 17

The 2000s – The Beat Goes On

S/pula/on of Sedlement

  • 1. Pe//oner execute and record Declara/on of

Covenants and Restric/ons

  • 2. January 2001 ZBA decision amended to confirm

non-conforming use for outdoor storage of material and trucks; and a radio tower

  • 3. Pe//oner enter a plea of nolo contendere in

the 5th District Court and pay fine

  • 4. Ar/cle 78 discon/nued upon recording of

Declara/on of Covenants and Restric/ons and payment of 5th District Court fine

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SLIDE 18

2001

LILCO Owned parcels appear to have been thoroughly cleared and mined and are indis/nguishable from Fehr owned parcels

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SLIDE 19

2004

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SLIDE 20

2006

Apparently mined parcels Apparently cleared parcels

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SLIDE 21

2007

Apparently mined parcels Apparently cleared parcels

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SLIDE 22

2010

Apparently mined parcels Apparently cleared parcels

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SLIDE 23

2013

Apparently mined parcels Apparently cleared parcels

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SLIDE 24

Concerns about the Applicants

  • Greenrail Transfer

– Prior MSW Rail Transport Effort (S/nk Train) – Lawsuits – Prior principal banned from trade waste ac/vity in NY State

  • Railroad Realty

– Principals – Criminal histories – Padern of dubious business prac/ces – Mul/ple lawsuits allege illegal mining and dumping – Poten/al involvement in as yet unresolved illegal mining and dumping on Furrows Rd. parcels

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SLIDE 25

Concerns about the Applica/ons

  • Disclosure of prior felony convic/ons
  • Disclosure of all business interests
  • SEQRA review

– Environmental Assessment Form incomplete

  • Public no/ce
  • Strategic partner NY & Atlan/c Railway alleges

applica/on contains false informa/on

  • No/ce to Suffolk County Planning Department
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SLIDE 26

Concerns about the Project

  • No precedent to judge viability
  • Poten/al environmental impact from irresponsible
  • pera/on is significant

– Offensive odors – Excessive noise – Vectors (Vermin) – Contamina/on

  • Applicants unable to reliably schedule rail car delivery,

dwell and departure /mes

  • Operator history of irresponsible business prac/ces
  • Lack of environmental impact assessment
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SLIDE 27

History of Inadequate Regula/on

  • Town of Islip Zoning
  • Improper expansion of commercial ac/vi/es
  • Unauthorized commercial ac/vi/es
  • Improper subdivision of lots
  • DEC grant of “Regula/on” authority for solid

waste processing - 1996

  • Unlawful clearing, mining and dumping
  • DEC and Town of Islip failure to detect, deter
  • r prevent unlawful ac/vi/es over years
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SLIDE 28

History of Inadequate Regula/on

  • Failure to ac/vely monitor and enforce
  • DEC failure to condi/on “Registra/on”

authority upon compliance with County and Municipal land use and zoning codes, regula/ons, and restric/ons

  • Failure and refusal of DEC to provide

con/nuous ac/ve air monitoring for neighboring residen/al communi/es

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SLIDE 29

Health Implica/ons of Exis/ng Ac/vi/es

  • Construc/on & Demoli/on debris frequently

contains breathable par/cles of the known human carcinogens asbestos and silica

  • 2015 DEC tes/ng verified the migra/on of

par/culates from the industrial parcels to neighboring homes

  • Dumping of solid waste by an operator with a

criminal history of dumping prohibited and dangerous waste and by unmarked vehicles suggests profound risks

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SLIDE 30

Relevant Statutes & Codes

  • NYS General Municipal Law §239-m

[requires no/ce to & comment from Suffolk County Planning Department and Brookhaven Town]

  • NYS ECL §27-0711

[provides for overlapping jurisdic/on]

  • Suffolk County Sanitary Code

[applies to opera/on on those parcels]

  • Islip Town Code Chapter 21

[Requires DEC permit and Islip Town Planning

  • Dept. Approval]
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SLIDE 31

Town of Islip

  • Arrogant and indifferent leadership
  • Failure to enforce land use & zoning codes
  • Refusal to provide public access to public

records

  • Dumping scandal – offensive tolerance
  • Owns con/guous parcel: in their backyard
  • Seemingly endless parade of officials

arrested – indicted – convicted.

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SLIDE 32

Illegal Mining Opera/on

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SLIDE 33

Parcels Iden/fied | Referenced in NOV

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SLIDE 34

Parcels Iden/fied | Referenced DEC NOV Mined Parcels 2016

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SLIDE 35

Parcels Iden/fied in DEC Consent Order Mined Parcels 2016

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SLIDE 36

MISSION ACCOMPLISHED! - NOT

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SLIDE 37

MISSION ACCOMPLISHED! - NOT

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SLIDE 38

Mined Western Parcels 2016

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SLIDE 39

Mined Western Parcels 2016

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SLIDE 40

Mined Western Parcels 2016

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SLIDE 41

Heavy Equipment Involved in Illegal Mining of Western Parcels

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SLIDE 42

Heavy Equipment Involved in Illegal Mining of Western Parcels

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SLIDE 43

Heavy Equipment Involved in Illegal Mining of Western Parcels

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SLIDE 44

Heavy Equipment Involved in Illegal Mining of Western Parcels

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SLIDE 45

Heavy Equipment Involved in Illegal Mining of Western Parcels

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SLIDE 46

Heavy Equipment Involved in Illegal Mining of Western Parcels

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SLIDE 47

Heavy Equipment Opera/ng on Fehr Owned Parcels

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SLIDE 48

Heavy Equipment Opera/ng on Fehr Owned Parcels

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SLIDE 49

Heavy Equipment Opera/ng on Fehr Owned Parcels

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SLIDE 50

Heavy Equipment Opera/ng on Fehr Owned Parcels

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SLIDE 51

Heavy Equipment on Fehr Parcels

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SLIDE 52

Heavy Equipment on Fehr Parcels

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SLIDE 53

Heavy Equipment Mining LILCO Owned Parcel 2006

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SLIDE 54

Heavy Equipment Mining LILCO Owned Parcel 2006

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SLIDE 55

LILCO Owned Parcel Mined 2007

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SLIDE 56

Mined Western Parcels 2016

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SLIDE 57

Mining Progression

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SLIDE 58

Mining Opera/on Access & Egress

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SLIDE 59

Mining Opera/on Access & Egress

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SLIDE 60

Mining Opera/on Access & Egress

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SLIDE 61

NYC BIC June 22, 2015 Ruling Banning Landsource

The City of New York BUSINESS INTEGRITY COMMISSION 100 Church Street ' 20th Floor New York'New York 10007
  • Tel. (212) 676-6219 ' Fax (212) 676-6204
Daniel D. Brownell Commissioner and Chair DECISION OF THE BUSINESS INTEGRITY COMMISSION DENYING THE REGISTRATION APPLICATION OF LANDSOURCE CONTAINER SERVICE, INC. (#4439) TO OPERATE AS A TRADE WASTE BUSINESS I. Introduction On August 8,2012, Landsource Container Service, Inc. (BIC #4439) ("Landsource" or the "Applicant") applied to the New York City Business Integrity Commission (the "Commission")1 for an exemption from the Commission's trade waste licensing requirements to
  • perate a trade waste business "solely engaged in the removal of waste materials resulting from
building demolition, construction, alteration or excavation" (the "Application").2 Local Law 42
  • f 1996 ("T,ocal Law 42") authorizes the Commission to review and make determinations on
such exemption applications. See Title 16-A, New York City Administrative Code ("Administrative Code" or "Admin. Code") $ 16-505(a). The Commission has completed its review of the Application. On Ill4ay 7,2015, the Commission staff issued and served the Applicant with Notice of the Grounds to Recommend the Denial of the Application of Landsource Container Service, Inc. to Operate as a Trade 'Waste Business (the "Notice"). The Applicant was given 10 business days to respond to the Notice. See 17 Rules of the City of New York $2-08(a). On I|;4ay 12, counsel for the Applicant contacted the Commission staff, who agreed to extend the statutory deadline for an additional week, to i|l4ay 28,2015. On June 7,2015, the Commission received a response from the Applicant, along with five attached letters from various individuals in support of the Applicant's principal (the "Response"). The Commission has reviewed the Response and its attachments. Based on the record as to the Applicant, the Commission now denies the Application because the Applicant lacks good character, honesty and integrity based on the following independently sufficient reasons:
  • A. Principal Eleuterio Martinez-Amaya pled guilty to scheme to defraud the
govemment, a crime directly connected to the trade waste industry;
  • B. The Applicant has engaged in unregistered trade waste removal activity; and
I The Commission was formerly known as the New York City Trade Vy'aste Commission. 2 "Trade waste" or "waste" is defined at Admin. Code $ l6-501(Ð(l) and includes "construction and demolition debris."
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SLIDE 62

Dumping By Irresponsible Operators

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SLIDE 63

Dumping By Irresponsible Operators

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SLIDE 64

Dumping By Unmarked Trucks

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SLIDE 65

What Did They Think?

Furrows Road Parcels 1984

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SLIDE 66

What Did They Think?

Furrows Road Parcels 2016

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SLIDE 67

Applica/on Site Plan

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SLIDE 68

Applica/on Site Plan

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SLIDE 69

Baled MSW on Flatbed Tractor Trailer

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SLIDE 70

Baled MSW on Flatbed Tractor Trailer

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SLIDE 71

Baled MSW on Flatbed Tractor Trailer

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SLIDE 72

Gondola Rail Cars

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SLIDE 73

Gondola Rail Cars

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SLIDE 74

NY & AtlanQc Railway MSW Experience

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SLIDE 75

NYS DEC - NYS AG Green Rail Transfer

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SLIDE 76

July 17, 2014 DEC Authorizes 30-day Emergency MSW Transloading OperaQon at Brentwood Industrial Site

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SLIDE 77

July 17, 2014 DEC Authorizes 30-day Emergency MSW Transloading OperaQon at Brentwood Industrial Site

  • Shortage of available trucking

resources, LI transfer sta/ons unable to keep up with peak season volume of solid waste

  • Applica/on made by Omni

Recycling of Babylon

  • DEC authorized a short-term
  • pera/on loading wrapped

bales of MSW into rail cars with sealed lids to facilitate removal of stockpiled waste to licensed disposal facili/es

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SLIDE 78

July 17, 2014 DEC Authorizes 30-day Emergency MSW Transloading OperaQon at Brentwood Industrial Site

  • Stringent opera/onal controls

to prevent/minimize impacts

  • Only wrapped bales of

compacted waste

  • Truck to Train – not on ground
  • Train cars lidded and removed

“WITHIN HOURS OF LOADING”

  • Environmental monitors

required at the transload site and in the Fresh Pond Rail Yard in Queens

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SLIDE 79

Meet the Vectors

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SLIDE 80

Risk of Offensive Odors

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SLIDE 81

NY & Atlan/c Railway Dec. 19 Leder

Reference is also made in the notice that NYA will move the traffic through our Fresh Pond Yard (FPY) without dwell time for the loads. This statement is untrue. In fact, every train needs to stop at FPY to be re-crewed before forwarding to the interchange point.

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SLIDE 82

THEY’VE ALREADY BEGUN

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SLIDE 83

THEY’VE ALREADY BEGUN

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SLIDE 84

SEQRA NY State Environmental Quality Review Act

  • Iden/fy all poten/ally adverse

impacts

  • Thoroughly examine each
  • Explain the final decision

(failure to address even 1 poten/al adverse impact establishes grounds for challenge)

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SLIDE 85

SEQRA NY State Environmental Quality Review Act

  • Applica/on deficiencies
  • Lead agency designa/on
  • Nega/ve determina/on
  • Coordinated review
  • Make deficiencies and discrepancies

part of the record

  • Poten/al legal challenge
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SLIDE 86

ApplicaQon Appendix 3 Short Environmental Assessment Form

Completed Environmental Assessment Form Form 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)

  • Part II – IMPACT ASSESSMENT

(to be completed by Lead Agency)

  • Part III – Determina/on of Significance
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SLIDE 87

Issuing NegaQve DeclaraQons for Type I and Unlisted AcQons

  • Unsupported statements such as "The

ac'on will not have a significant impact." or "No significant impacts were iden'fied in the EAF " are asser/ons that are not legally sufficient for a nega/ve declara/on.

  • Such statements must be supported with

adequate detail to explain why there will be no significant impacts.

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SLIDE 88

FOIL Requests

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SLIDE 89

ENOUGH IS ENOUGH

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SLIDE 90
  • Submit comments to DEC BEFORE February 10th
  • Schedule an appointment to view the applica/on

documents at DEC’s Region 1 offices on the Stony Brook University campus

  • Submit FOIL requests
  • Write to your elected representa/ves and demand a

wriden response

  • Adend the January 24th Islip Town Board mee/ng

and every one azer that

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SLIDE 91

The Long View

  • Solid founda/on
  • Bureaucra/c and poli/cal arrogance,
  • bstruc/on and indifference
  • Parallel track (Legal and Poli/cal)
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SLIDE 92

Coordina/ng the Effort

  • Broader Sachem Community
  • Virtual venue

(3 Cs: – communica/on – collabora/on - consensus) – Facebook page: Stop The Furrows Road Project – Website: hdps://stopthefurrowsroadproject.com – E-mail: furrowsproject@gmail.com – Facebook Page: Somerset Estates Community Group

  • Volunteers
  • Resources
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