ML20215J920
| ML20215J920 | |
| Person / Time | |
|---|---|
| Site: | Shoreham File:Long Island Lighting Company icon.png |
| Issue date: | 06/15/1987 |
| From: | Toy P HEMPSTEAD, NY |
| To: | Margulies M Atomic Safety and Licensing Board Panel |
| Shared Package | |
| ML20215J825 | List: |
| References | |
| OL-3, NUDOCS 8706250151 | |
| Download: ML20215J920 (3) | |
Text
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i 1-JOSEPH N. MONDELLO gf.M P19 I
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%,...a OFFICE oF THE PRESIDING SUPERVISOR TOWN oF HEMPSTEAD TOWN HALL PLAZA. HEMPSTEAD. N. Y.11550 IV 9.5000 June 15, 1987 The Hon. Morton B. Margulies, Chairman Administrative Judge Atomic Safety and Licensing Board U.
S. Nuclear Regulatory Commission Washington, D.
C.
20555
Dear Judge Margulies:
Enclosed herewith please find a copy of a resolution adopted by the Town of Hempstead Town Board on June 19,1987.
It is relative to Long Island Lighting Company's representation of its Bellmore facility as a reception center in Revision 8 of its emergency plan for the Shoreham Nuclear Power Plant.
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CASE NO. 18473 RESOLUTION NO. 624-1987 Adopted:
June 9, 19 87 Mr. Zagarino offered the following resolution and moved its adoption:
RESOLUTION DECLARING THE OPPOSITION OF THE TOWN BOARD TO LILCO'S PROPOSAL TO USE LILCO PROPERTY AT 2400 SUNRISE HICHWAY, BELLMORE, TOWN OF HEMPSTEAD, NEW YORK, AS A RECEPTION CENTER FOR PERSONS OR ITEMS EXPOSED TO RADIOACTIVE CONTAMINATION FROM THE SHORERAM NUCLEAR PLANT, INSOFAR AS SAID USE IS CARRIED OUT IN VIOLATION OF THE BUILDING ZONE ORDINANCE OF THE TOWN OF HEMPSTEAD, i
WHEREAS, the Long Island Lighting Company ("LILC0")
has designated its property located at 2400 Sunrise Highway, Bellmore (the " property"). Town of Hempstead (the " Town"),
to be a reception center at which LILCO intends to conduct monitoring and, if necessary, decontamination of many thousands of people and vehicles in the event of a radiological emergency at Shoreham; and WHEREAS, LILCO has represented to the Nuclear Regulatory Commission and others that the property will be available for use as such a reception center; and WHEREAS, the pro; arty, further identified as Section 56, Block W. Lot 1295 on the Land and Tax Map of Nassau County,esidence B" partly in a " Business" zone, and partly is located in a R zone, pursuant to the Building Zone Ordinance of the Town of Hempstead; and WHEREAS, the Building Zone Ordinance, under Articles VII and XVI thereof, expressly delineates those limited activities for which the property, as currently zoned, would lawfully be used; and WHEREAS, LILCO's proposed usage of the property as a reception center, as aforesaid, would constitute a violation of the provisions of Articles VII and XVI in that said activity is not a use which is expressly permitted thereby; and WHEREAS, this Town Board advised the Nuclear Regulatory Commission, in writing, in the form of a copy of a letter to LILCO from this Board, dated January 6, 1987, that LILCO's representations were inconnistent with the Town's zoning laws; and WHEREAS, LILCO was advised by letter dated January 6.
1987 from Presiding Supervisor Thomas S. Culotta and signed by all members of the Town Board, that any attempts to use the property as a reception center would violate the Town's zoning 1sws, and LILCO was therein requested to refrain from any further representations that it could so use the property; and WHEREAS, LILCO has not responded to the Town Board's l
January 6, 1987 letter, and has continued to represent that the property is available for use as a reception center in the event of a radiological emergency at Shoreham; and WHEREAS, LILCO has not in any way sought an amendment to the zoning provisions applicable to the property or I
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'*. h otherwise sought to obtain the necessary permission to use the property as a reception center; and WHEREAS, this Board has authority to determine which uses are permissible under the Town's zoning laws; and WHEREAS, the Town Attorney has advised the Town Board that a resolution formally declaring the position of the Town. Board, as set forth in the aforesaid letter dated January 6, 1987, will facilitate the evidentiary presentation of the position of this Board before any appropriate hearing body or judicial tribunal having jurisdiction over LILCO's proposal to utilize the property as a reception center; NOW, THEREFORE, BE IT CONFIRMED AND RESOLVED THAT:
1 1.
LILCO's proposed use of the property, identified as Section 56, Block W. Lot 1295 on the Land and Tax Map of Nassau County, and further known as 2400 Sunrise Highway, Bellmore, Town of Hempstead, New York, as a reception center as hereinbefore described, is wholly violative of the provisions of the Building Zone Ordinance, as aforesaid; and 2.
The adoption of this resolution shall, in accordance with the provisions of Section 4540(a) of the Civil Practice Law and Rules of the State of New York, and in accordance with the provisions of Rule 803(8) of the Federal Rules of Civil Procedure, be deemed prima facie evidence of all statements of fact contained herein, which facts have been ascertained and adduced by this Town Board, pursuant to evidence submitted and testimony received in due course and as provided by law; and 3.
The Town Attorney, and any other individuals or associations interested in or potentially aggrieved by LILCO's proposed use of the property as a reception center, are hereby authorized to present a certified copy of this declaratory resolution before any commission, hearing board, or other judicial tribunal having jurisdiction to consider and/or regulate LILCO's proposed activity as aforesaid; and
-'s h-clark in hereby authorized and directed STATE OF NEW YORK COUNTY OF NASSAU ss.:
l TOWN OF HEMPSTEAD I do hereby certify that I have compared the annexed copy ofResolution No. 624-1987 (2 Pages) Adopted by the Town Board on June 9, 1987 with the original, on file in the office of the Town Clerk of the Town of Hempstead, and that the same is a true and correct copy of said original and of the whole thereof.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the official seal of the Town of Hempstead on this day of June 10,1987 DANIEL M. FISHER, JR., Town Clerk 9
N.
Deputy Town Clerk j
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