Teich v. BuchheitTeich v. Buchheit
—In a proceeding pursuant to CPLR article 78 to review a determination of the Planning Board of the Village of Southampton dated April 5, 1993, approving the intervenors’ plan to construct a 72-car parking lot, the intervenors appeal from a judgment of the Supreme Court, Suffolk County (Doyle, J.), entered February 3, 1994, which granted the petition and annulled the determination.
Ordered that the judgment is affirmed, with costs.
The intervenors, Southampton Hospital Association and S.H.A. Properties, Inc., seek to construct a 72-car parking lot across the street from the main entrance to Southampton Hospital (hereinafter the Hospital). The respondent Planning Board of the Village of Southampton (hereinafter the Planning Board) acknowledged that under the particular facts of this case, the Hospital’s proposed action was a Type I action within the meaning of the regulations of the Department of Environmental Conservation (hereinafter the DEC). A Type I action has a relatively low threshold for the preparation of an environmental impact statement, i.e., "if the action may have a significant effect on the environment” (Matter of Chemical Specialities Mfrs. Assn, v Jorling,
The record establishes that the proposed parking lot is an integral part of the Hospital’s long-range plan for expansion "continuing into the 21st century.” Contrary to the Hospital’s contention, this plan is not merely "an expression of the Hospital’s present view of future goals which was subject to change.” Rather, various Hospital publications, including newsletters, news releases, and a statement to the New York State Department of Parks, Recreation and Historic Preservation, indicate that the proposed parking lot was specifically included in the first phase of the Hospital’s long-range plan.
It is uncontroverted that, in connection with the implementation of its long-range plan, the Hospital filed a certificate of need with the New York State Department of Health. The certificate of need indicates that the first phase of the Hospital’s long-range plan includes the creation of additional parking spaces across the street from the Hospital’s main entrance, substantial renovation of the Hospital’s Emergency Department, the addition of a labor, delivery, and recovery room in the obstetrical-gynecological area, the relocation of the X-Ray and Nuclear Medicine Department, the relocation and expansion of laboratory space, and the relocation of the Hospital’s business office. The estimated cost of the first phase of the plan is approximately $4,450,000.
This Court has stated, "Segmentation occurs when the environmental review of a single action is broken down into smaller stages or activities, addressed as though they are independent and unrelated, needing individual determinations of significance (see, 6 NYCRR 617.2 [gg]). The regulations generally prohibiting segmentation are designed to guard against a distortion of the approval process by preventing a project with potentially significant environmental effects from being split into two or more smaller projects, each falling below the threshold requiring full-blown review” (Matter of Long Is. Pine Barrens Socy. v Planning Bd.,
The Hospital’s contention to the contrary notwithstanding, the record supports the conclusion that the proposed parking lot was part of an overall plan for expansion of the Hospital. Therefore, the Planning Board should have considered the proposed parking lot in the context of the larger plan of which it is an integral part. Its failure to do so constituted an improper segmented review under the pertinent DEC regulations. Accordingly, the Supreme Court properly annulled the Planning Board’s negative declaration (see, Sun Co. v City of Syracuse Indus. Dev. Agency,
Finally, we observe that the Planning Board, in effect, issued a conditional negative declaration with respect to a Type I action (see, Matter of West Branch Conservation Assn, v Planning Bd.,