ML20216J855

Forwards Certified Resolution 685-87 Adopted by Town Board on 870623 Re Use of Util Property at Hicksville,Ny as Reception Ctr in Event of Emergency at Facility.Served on 870630

ML20216J855
Person / Time
Site:	Shoreham File:Long Island Lighting Company icon.png
Issue date:	06/24/1987
From:	Ocker A OYSTER BAY, NY
To:	Catacosinos W LONG ISLAND LIGHTING CO.
References
CON-#387-3914 OL-3, NUDOCS 8707070052
Download: ML20216J855 (3)

Text

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Office of the Town Clenk ,87 JUN 30 A8 :27 ANN R. OCKER Town Clerk (,r , ..

00Cri t, 1 June 24, 1987 N**

SERVED JUN 3 01987 William Catacosinos, Chairman Long Island Lighting Company 175 East Old Country Road

.Hicksville, New York 11801

Dear Mr. Catacosinos:

Enclosed is a certified copy of Resolution No. 665-87 adopted by the Town Board on June 23, 1987 relating to the use of LILCO property at Hicksville, New York as a reception center in the event of an energency at Shoreham.

Very truly yo ,

u *- W Ann R. Ocker Town Clerk ARO:mb Enc.

cc: Nuclear Regulatory Commission ga7omu 8?8%2 G

Town of Oyster Bay, Oyster Bay, N.Y.11771 9 516 922 5800

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, j Meeting of lune 23, 1987 RESOLUTION NO. 685-87 WHEREAS, the Long Island Lighting Company ("LILCO") has designated its property located at 175 East Old County Road, Hicksvillo (the property), Town of Oyster Bay (the Town), Nassau County, New York, to be a reception center at which LILCO intends l to conduct monitoring and, if necessary, decontamination of many i thousands of people and vehicles in tha event of a radiological 1 emergency at Shoreham; and l

WHEREAS, LILCO has represented to the Nuclear 4 l

Regulatory Commission and others that the property will be availabe for use as such a reception center; and l' WHEREAS, the property, further identified as Section 4 ti , Block 0, Lots 13, 242, 243 and 247 on the Land and Tax Map of Nassau County, is located in an "H" Industrial District (Light Industry), pursuant to the Building Zone Ordinance of the Town of Oyster Bay; and WHEREAS , the Building Zone Ordinance, under Division 4, Suctions 507 and 508 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 Division 4, Sections 507 and 508 in that said activity is not a use which is expressly permitted thereby; and WIIEREAS , this Town Board advised the Nuclear Regulatory Conaission, in writing, in the form of a copy of a letter to LILCO from this Board, dated January 28, 1987, that LILCO's representations were inconsistent with the Town's zoning laws; and THEREAS, LILCO was advised by letter dated January 28, 1987 from Supervisor Jeseph Colby and members of the Town Board, that any attempts to use the property as a reception center would violate the Town's zoning laws; and WHEREAS, LILCO has not responded to the January 28, 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 t< x' to the zoning provisions applicable to the property or otherwise "o , sought to obtain the necessary permission to use the property as

a"o a reception center; and s w (7~l  ! WHEREAS, this Board has authority to determine which 22Ci uses are permiscible under the Town's zoning laws, NOW, THEREFORE, BE IT RESOLVED, that LILCO's proposed use of the prcperty, identified as Section 46, Block Q, Lots, 13, 242, 243 and 247 on the Land and Tax Map of Nassau County, and

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• e-further known as 175 East Old County Road, Hicksville, Town of Oyster Bay, New York, as a reception center as hereinbefore described, is wholly violative of the provisions of the Building Zone Ordinance, as aforesaid; and be it further ,

RESOLVED, That 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 be it further

.1 RESOLVED, That the Town Clerk is hereby authorized and '

directed to transmit a certified copy of this resolution to the-federal Nuclear Regulatory Commission and to LILCO.

The foregoing resolution was declared adopted after a poll of the members of the Board, the vote being recorded as follows:

Supervisor Colby Aye Councilman Hogan Absent Councilman Diamond Aye Councilman Clark Nay Councilman Hynes Aye

' Councilman Venditto Aye Councilman Delligatti Aye cc: Supervisor Town Board Town Attorney Comptroller (2)

• 1 STATE OF NEW YORK, COUNTY OF NASSAU, ss.: f TOWN OF OYSTER BAY I

1. XMFNKXX5C92KXyWMKK MEW 4YmHEVMT4XMKYdGIEMX )

FANNY CORSENTINO Deputy Town Clerk of the Town of Oyster Bay, and j custodian of the Records of said Town, NO HEREBY CERTIFY that I have compared the an- )

nexed with the original RESOLUTION NO. 685-67 adopted by the Town Board on June 23 1987 relating to the Town of ster Bay a ob ection by LILCO  ;

Ne ent of $n U N e$ at$ho $am sw$$lk'foN{$heo t $$ero-visions of the Build g odeOrdinanceofthebownofOyster23y

f. led in the Town Clerk's O ce and that the same is a true transcript thereof, and of the whole of such original.

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In Testimony Whereof, I have hereunto signed

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9;,.;A my name and effixed the seal of said Town thisf 24th day of ,une, 1987 N MW beputy To clerk.