Court Finds "Reasoned Elaboration" In EAF Supports SEQRA Negative Declaration
The Appellate Division held that where an EAF identified either neutral or beneficial effects from a proposed zoning amendment a town board, acting as a lead agency, properly issued a negative declaration. In Matter of Matter of Gabrielli v Town of New Paltz, the Court noted that even though the zoning amendment was a SEQRA Type I action there was no need to prepare a DEIS.
However, in what appears to be somewhat of a departure from the standard for the findings of a lead agency to contain a "reasoned elaboration" supporting the negative declaration, the Court found:
"The negative declarations – adopted by resolutions of the Town Board – satisfied the requirement for "a written form containing a reasoned elaboration" for the determination and references to supporting documentation (6 NYCRR 617.7 [b] ). Although the resolutions themselves do not contain sufficient elaboration, they specifically refer to the EAF [FN1]. The EAF here consists of more than just checked boxes; the expanded additional comments on the EAF constitute a reasoned elaboration for the areas identified as potentially being affected by the floodplain laws (compare Matter of Troy Sand & Gravel Co., Inc. v Town of Nassau, 82 AD3d at 1379; Matter of Bauer v County of Tompkins, 57 AD3d 1151, 1153 ). Because those comments relate to beneficial impacts, with no adverse impacts having been raised, the Town Board complied with its obligations under SEQRA."