supervisors seen the recommendations at the our staff made? >> he has yes. >> he has and what is his opinion. >> he concurs. >> i understand that supervisor kim also concurred; is that correct? >> no that's not correct. the staff recommendations a written recommendation and we're going to have a hearing before the environmental review officer in which the public will be able to speak. one clarification i have is that wouldn't be considered an appeal related to our sequa procedures. that's just an up to the present time for the public to discuss the decision of the e r o

regarding accident project hadn't had substantial modification. so should mr. there be a reverse all that would be the ability to reconsider determination >> i think ms. jones. i'm really trying to get a handle on the modification. it's relevant to me there are many projects there's an original project it is bulk out to the biggest size and then it's worked with the department and the neighbors may not agree and the sequa determination has been issued and the neighbors are step up still upset and now i'm making my project smaller

i've eliminated parking spaces so the review is a change but, of course, you're now having less environmental impact. so it seems that what may be kim's take on this this still could be appealed and now - >> in the ordinance as it passed first reading yesterday a substantial modification is defined as an expansion or intense indication. so it didn't wouldn't trigger the need for the new plan

>> because i mean mean this says all changes to project scope and this is for projects that have already been approved when there's somewhere along the line prior to or during project construction there needs to be a change to the project. somebody changed their mind or there's an issue that was uncovered that, you know, wasn't apparent without getting into the laws. it's not intended to create a ping-ponging back and forth during the original approval process. i understand that. and i have a couple of projects if my office we have changed

because it's been 4 or 5 years so my client has said let's make that a little bit smaller and basically, you have agreed that that is not considered a substantial change >> yes. >> but basically, if this passes as to what the department is asking us to endorse that would create an opportunity to question that decision. >> i didn't. >> commissioner. >> i have one quick question. the one thing we need to remember the reason to open up a new appeal has been put forth is

because projects now it has to do with projects because the promises once they get their initially project appraisal that's the clock. so this mechanism for appeal has to do with a project down the line after the sequa he appeal you period is achieved so after the initial appeal is over. so after the project has gone through the process for principle of law then at a later date is the appeal reopened. so the way that the ordinance is drafted now it says very clearly if the project changes in ways that are by the planning code like increases no scale or other

things the policy recollects it would be a modified project that requires a new environmental determination which opposite side up a new appeal period. the question is if the project has changed a little bit the window moves a little bit here or there it comes back and the e r o don't the public then have the right to appeal. i understand that because the example i just gave is ms. jones would say that's not a substantial modification but that would be an opportunity for someone to appeal that particular decision. so that's all i was trying to establish. there's this new avenue because

it's something the planning code regulates. >> oh, i have a - sorry commissioner. >> my question pertains to the timing how much schedule after a written decision by the environmental officer compared to the light it's set finding out out for the hearing in other words, i'm comparing with supervisor kim said to the remedies i'm leaning to the department remedies as the more suitable one but i'm interested in the timing. i'm not sure clear how much time it would take the review officer to make the decision on the

written appeal >> we haven't defined a perimeter for the amount of time. i think two weeks would be probably - the procedures that we would put into place that that response to a written appeal will be provided within that time. what the ordinance says is that a hearing would need to occur within 20 days if a hearing is scheduled within the 20 days and to occur on the same day and a written decision by the e r o would be provided within two weeks of that hearing date and a, of course, the staff time of conducting a hearing and the written portion is different

>> so the written avenue would be a short time period. >> yes. >> thank you. thank you commissioner >> i have a process question. so this is only for exemption projects. >> yes. >> so when the evaluation period is approved with the documents. it gets approved and posted there is a thirty or 60 day sequa appeal from the time >> the sequa appeal period is thirty days from project or under the ordinance that is passed the first reading the sequa appeal period is extends to thirty days after the

approval action. and that is to allow the project to go forward. the way the ordinance is structured when the equipment's is structured it is issued sentiments months before it's approved. so the exemption is posted and an appeal of the indemnification maybe filed tattoo during the exemption it's final list so it maybe filed starting with the exemption is posted and ending thirty days after the approval of the project >> i guess i'm not following you. so the projects posting of on exemption is that - >> that doesn't start the

thirty day clock. the approval starts the clock >> the building permit is the start. the equipment's and the approval are issued open the same day. at any time done edify the counter. it's by - >> i want to clarify that. if you submit the project for the environmental determination it maybe 3 months later before you get the complete package important the building permit and a correct all so when the building permit was issued this starts the clock >> if the project goes through the discretionary progress. no discretionary review is

requested then it's the issuance of the permit that starts the clock. so if their issued on the same day then that would be thirty days >> it would be thirty days from that day. so the evaluation of the project that's submitted for the project in comparison to the project that was evaluated in the environmental evaluation that's basically, what our office would be doc to make sure before issuing the permit that that permit committals with the conditions it's agreed to >> under the action that's in question right now this would be for projects that have already been approved. >> prior to the start of the sequa appeal period. >> uh-huh.

>> when the department gets the building permit the package for the building permit that process evaluates that process of what was approved. >> the building permit approval is needs to consider the question of whether the environmental evaluation covers the same project as the building permit being issued. >> so the i'm trying to understand that would be for a project after the building permit is issued and another permit needs to be orientated because of some change. and the legislation is determining that the project is not - doesn't need any

additional permit evaluation 3 - >> yes. >> there needs to be some ability to appeal that. >> yes. that would be the decision appealed that the project has not think modified. even if there's no new environmental impact from it we still need to issue another cad index >> and a new cad index would be appealable. so the ordinance is designed to pick up - it essentially contamination something that is a matter of board discretion that works okay. when the cad index it appealable through the final action >> d but if the cad ethics is

required it's appealable. i want to make sure this is clear. >> that is not a decision whether or not a new cad index it needed but in the project meets the substantial modification. if it meets that standard it needs a new cad index. it's not an environmental sequa determination >> (multiple voices) >> you determine the project hadn't changed enough a that's what's going to be evaluated.

yes. i - given that the substantial modification is specifically designed you know, i think it's up to mann anyone to guess what the specific issues or changes that would be brought up open appeal >> why would - what would be the harmony of having the appeal made as opposed to doing this - this is a over time without proper environmental review is navigate an issue of concern and

moreover this decision a tithe defined and the discretion has been reviewed first of all, creating a new hearing procedure and secondly devoteing the staff and resources is something that's wandered. it appears to be something of a, you know, too big of a solution for something that's not a big problem. just in terms of of being mindful of allocation of staff time and a resources we don't feel this is the best allocation of those resources. >> i be this commission a aware of how extensive is the run

hearing. this new hearing process needs the staffing and the ordinance would require it to be on tv and that's not without cost. so all the mechanics and other things horrify this modification issue was not the only issue the appeals we've seen the issues were well known and the changed were not at the last minute and you stretched through the sent there probably won't be a sense of a extension >> unless you want to use every avenue possible to have an appeal and bring the item back into the body. >> just to add to that as well

i agree with ms. rogers. i do - i wouldn't meanwhile expect 3 the hearings would be requested i think they will be requested. also as was brought up there's an avenue of appeal for this very issue which is the board of appeals. so this is something that is essentially creating a second issue of really a permit issue. >> thank you commissioner pearlman. >> i want to address the unintended consequences. it seems to me this the the path

the thirty day period passes and some place isn't aware of the project at that time, by it goes after a section 311 then it is dred and let's say dr is upheld and the project is modified. so, now again, i'm not understanding the difference between the substantial modification define that seems to apply that any change under the planning code. so if the project were changed it seems like and your office said no. there's no environmental impact of this changed but that potentially opens the door to file for an appeal. ; is that correct? >> just back to the beginning of our story. the thirty day period for

exemption does not begin until the approval action. so even if the exemption is issued 6 months from before a dr period that window doesn't start until after the dr hearing. but the second part of your question it doesn't provide an opportunity to reopen issues on a project after it's been through it's initially building process, you know, for a project that is substantially the same project. it feels like there's a possible door opened for another bite of appeal process >> i have a question for supervisors kim's office. the e r o just stated there's an

avenue for the board of appeals supervisor kim feels there needs to be another avenue so the public can voice their concern. what's our opinion of that? >> i think it's important this is related to environmental concerned and environmental dergsz that a project is exempt from a sequa determination. i think the avenue for that is a hearing from the environmental review officer. >> this is - it is to - this is a question about whether or not the determination of the environmental reviewer officer is that there has not been a

substantial change to a project which therefore not require another determination. so the decision is with the e r o so this process is related to the decision being made by the environmental officer. >> so i want to follow up on that. so the environmental department has gone through this review and someone questions the whole path and the e r o is going to sit in judgment and i mean, that's where i'm confused. it doesn't make sense to me how are they going to change their

judgment >> it will be brought in the public venue. >> i have a question for ms. rogers. this is more a of a global. yesterday was the first passing of the trailing. they're not supporting this legislation >> what happens next and would our opinion be used. today you'll have our hearing and tomorrow the planning commission will hear the same item and make a recommendation. >> staff and the department will recommend both decisions and we'll lobby for our decisions at the committee meeting where

they'll take public comment and it will go back to if you board. >> but we do have sequa legislation that has passed. >> it passed first reading and it needs another vote this coming tuesday and if it's approved open that read back without amendment that will be the final read on this ordinance. understood >> understood thank you. >> with that i'll take up public comment i have 3 cards (calling names). >> okay good morning commissioners erick brooks i'm with the sequa team. first, i want to clarifying on

misconception. understand that supervisor wiener was aware of the original kim version and really the only difference is we're going before the e recollection r o instead of the planning commission. we got a lot of push back putting this forward to the full board. we decided to compromise just to expand on that. he want the person who made the original decision to be responsible for the decision especially, if they make a bad decision we want that on the environmental officer and if they make a bad decision thooerg to have a hearing. if you look at the first

paragraph of the new language such an appeal is notful under the environmental quality act. this administration appeal where we're asking for an appeal does not delay the project it's not a sequa appeal. this is us going to staff with the ability to say hey, we think you made a mistake. you might remember at the beginning of this process we as a coalition said it was extremely problematic to us to have to appeal the original determination payroll it's kind of wild west and because we're able to appeal after the first approval on the project it

happens all the time that projects change the fact we can appeal the total environmental determination catches those moments like with the null murphy house. it protects us but we sauce saw the big thing the opponents wanted to keep was first approval. so supervisor kim's office came up with that we accept the first approval but this piece of legislation before you from supervisor kim is absolutely key. it's the reason we sponsored the rest of the legislation and it was approved yesterday >> thank you.

thank you commissioner and thank you for your contributions to the city with our volunteer work. i really appreciate it. we're talking about cigarette up a parallel hearing that doesn't stop the project from continuing. a result of the hearing might make a change but the hearing itself self-stop the process from going forward. and it gave us a chance to lay out new information or lay out the plans. it gives the public a chance to do something they don't have the right to appeal. we're asking for one small hearing process very parallel to

the dr hearings etc. and with regard to the planning staff saying that this is not been a historical issue well, it isn't because the appeal process one way or another, wasn't appealable. in the past appeals were possible. so a final point is occasionally especially around historic buildings may want to have to go to court. and to go to court they need to have a public record a hearing. so i have to give them the tools they need to follow up in the rare cases that might be something to go to