Town of Marlborough LWRP and Comprehensive Plan Advisory Committee, with Assistance from Behan Planning and Design
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Town of Marlborough, NY LOCAL WATERFRONT REVITALIZATION PROGRAM COMPREHENSIVE PLAN AND DRAFT GENERIC ENVIRONMENTAL IMPACT STATEMENT SEPTEMBER 2020 PREPARED BY: Cover Page Local Waterfront Revitalization Program (LWRP), Comprehensive Plan, and Draft Generic Environmental Impact Statement (GEIS) For the Town of Marlborough, New York Title of the Action: Adoption of the Town of Marlborough Local Waterfront Revitalization Program (LWRP) including a Harbor Management Plan, Local Consistency Review Law, and Harbor Management Law; and adoption of the Town of Marlborough Comprehensive Plan Project Location: Town of Marlborough, Ulster County, New York Lead Agency: Town of Marlborough Town Board 21 Milton Turnpike, Suite 200/ PO Box 305 Milton, NY 12547 Contact: Alphonso Lanzetta, Town Supervisor 845-795-5100 Prepared by: Town of Marlborough LWRP and Comprehensive Plan Advisory Committee, with assistance from Behan Planning and Design Comprehensive Plan Adopted: December 11, 2017 LWRP Adopted: Town of Marlborough Town Board, May 11, 2020 LWRP Approved: New York State Secretary of State, Rossana Rosado, November 12, 2020 Concurred: U.S. Office for Coastal Management, May 25, 2021 This Local Waterfront Revitalization Program (LWRP) has been prepared and approved in accordance with provisions of the Waterfront Revitalization of Coastal Areas and Inland Waterways Act (Executive Law, Article 42) and its implementing Regulations (19 NYCRR 601). Federal concurrence on the incorporation of this Local Waterfront Revitalization Program into the New York State Coastal Management Program as a program change has been obtained in accordance with provisions of the U.S. Coastal Zone Management Act of 1972 (P.L. 92‐583), as amended, and its implementing regulations (15 CFR 923). The preparation of this program was financially aided by a federal grant from the U.S. Department of Commerce, National Oceanic and Atmospheric Administration, Office of Coastal Management, under the Coastal Zone Management Act of 1972, as amended. [Federal Grant No. NA‐17‐NOS‐ 4190050]. The New York State Coastal Management Program and the preparation of Local Waterfront Revitalization Programs are administered by the New York State Department of State, Office of Planning, Development & Community Infrastructure, 99 Washington Avenue, Suite 1010, Albany, New York 12231‐0001. May 25, 2021 Ms. Sarah Crowell New York Coastal Management Program New York State Department of State 99 Washington Ave., Suite 1010 Albany, NY 12231 Dear Ms. Crowell, Thank you for the March 31, 2021 request for approval of changes to the New York Coastal Management Program pursuant to the National Oceanic and Atmospheric Administration (NOAA) Coastal Zone Management Act (CZMA) regulations at 15 CFR part 923, subpart H with the incorporation of the Local Waterfront Revitalization Program (LWRP) for the Town of Marlborough into the New York Coastal Management Program (NY CMP).1 NOAA’s Office for Coastal Management approves the request subject to the qualifications below. NOAA’s regulations require that the state post this decision by the Office for Coastal Management for public notice.2 The public notice should state that as of the date of this decision letter the enforceable policies identified in the attached Table of Approved Changes shall be applicable in reviewing federal actions pursuant to the federal consistency requirements of the CZMA and its implementing regulations found at 15 CFR part 930.3 Please send a copy of the public notice to the Office for Coastal Management for our records to close out this file. PUBLIC AND FEDERAL AGENCY COMMENTS The Office for Coastal Management did not receive any comments on this program change submission. CHANGES APPROVED See the attached Table of Approved Changes to the New York Coastal Management Program. 1 This program change request was submitted under NOAA’s revised CZMA program change regulations at 15 CFR part 923, subpart H (84 Federal Register (FR) 38118 (Aug. 6, 2019)). The Office for Coastal Management’s decision due date, originally April 30, 2021, was extended to May 21, 2021. 2 15 CFR § 923.81(e)(5), as described at 84 FR 38133 (Aug. 6, 2019). 3 15 CFR § 923.81(f), as described at 84 FR 38133 (Aug. 6, 2019). QUALIFICATIONS As with previous approvals of NY CMP LWRPs, the enforceable provisions of Section III are only the stated policies and sub-policies. The enforceable policies do not include the explanatory text that accompanies each policy. While the explanatory text may be advisory as to how activities can show consistency with the LWRP policies, the State may not use the explanatory text as a basis for issuing an objection under its CZMA authority. Please also note that for the review of federal actions pursuant to the CZMA, the requirements of the statute and implementing regulations at 15 CFR part 930 are controlling over any conflicting interpretation of the discussion of the CZMA federal consistency requirements within the Town of Marlborough LWRP. As a standard qualification applying to all program changes, states may not incorporate enforceable policies by reference. If an approved enforceable policy refers to another statute, regulation, policy, standard, guidance, or other such requirement or document, the referenced policy must be submitted to and approved by the Office for Coastal Management as an enforceable policy in order to be applied under the federal consistency review provisions of the CZMA. No referenced policy may be applied for CZMA federal consistency review purposes unless that policy has been separately reviewed and approved as an enforceable policy by the Office for Coastal Management. Thank you for your cooperation in this review. Please contact Nelle D’Aversa at (908) 399-7756, if you have any questions. For future correspondence regarding these program changes, please refer to the file number assigned to this action, NY-2021-1. Sincerely, Joelle Gore, Chief Stewardship Division Attachment: Table of Approved Changes (NY-2021-1) TABLE OF APPROVED CHANGES TO THE NEW YORK COASTAL MANAGEMENT PROGRAM (NY-2021-1) Please reference the Office for Coastal Management May 25, 2021, decision letter for clarifications, exceptions, and qualifications pertaining to this approval. Legal citation Title of policy, section, or other descriptor Is the change new, Date effective Enforceable Enforceable mechanism revised, or deleted in state policy citation Not applicable Town of Marlborough Local Waterfront New 11/12/2020 Yes Executive Law, Article 42 Revitalization Program (LWRP) (Section III only) pg. 1 Draft Generic Environmental Impact Statement Introduction and Orientation to the Documents. These documents represent a coordinated effort by the Town of Marlborough to create and adopt a local waterfront revitalization program (LWRP) and to prepare and adopt an update to the town’s comprehensive plan. The LWRP also includes a harbor management plan. To implement the LWRP and the harbor management plan contained herein the town has also drafted a local law to ensure future actions taken by agencies of the town are consistent with the waterfront revitalization policies. A harbor management local law has also been prepared to regulate the use of waters within the town in conformance with the LWRP including the harbor management plan. This report also functions as the Draft Generic Environmental Impact Statement (GEIS) for review of the LWRP, comprehensive plan, the waterfront consistency review law and the harbor management law for the purposes of compliance with the regulations for State Environmental Quality Review (SEQR) at 6NYCRR Part 617. This DGEIS and associated process is to provide the Town of Marlborough Town Board as lead agencies, involved and interested agencies, and the public with an understanding of, and the opportunity to provide comment on, the potential environmental impacts that may result from the proposed actions. The elements required for an environmental impact statement can be found in the documents embodied herein as follows: 1. Cover Sheet Inside Cover Page 2. Table of Contents Preface to this LWRP Document 3. Summary LWRP Appendix G 4. Description of the Proposed Action LWRP Appendix G 5. Environmental Setting Section II: Inventory and Analysis of this LWRP and the Comprehensive Plan (adopted) attached as Appendix B 6. Impacts and Mitigation LWRP Appendix G 7. Alternatives LWRP Appendix G 8. Harbor Management Law LWRP Appendix F 9. Waterfront Consistency Review Law LWRP Appendix E 10. Comprehensive Plan Appendix B Town of Marlborough Town Board Alphonso Lanzetta, Town Supervisor Howard Baker Scott Corcoran Allan Koenig Ed Molinelli Advisory Committee Members Howard Baker John Demarco CJ Hartwell-Kelly Chip Kent Vivian Lanzarone Alphonso Lanzetta Cindy Lanzetta Rosemary Wein A special thanks and acknowledgements to all individuals, groups and organizations that helped with, and contributed to the development of this plan. Additional Thanks to James Garofalo, Matt Kierstead, and Daniel Pinnavaia. Cover Photos by Rick Lashinsky courtesy of Meet Me in Marlborough This report was prepared with funding provided by the New York State Department of State under Title 11 of the Environmental Protection Fund. Table of Contents Introduction ...................................................................................................................... 1 Community Planning Process ........................................................................................... 2 Previous Plans ...............................................................................................................