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HomeMy WebLinkAboutNegative Declaration OFFICE LOCATION: MAILING ADDRESS: Town Hall Annex � P.O.Box 1179 54375 State Route 25 �� �' Southold, NY 11971 (cor.Main Rd. &Youngs Ave.) Southold NY yap Telephone: 631 765-1938 ' www.southoldtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD State Environmental Quality Review NEGATIVE DECLARATION Notice of Determination Non-Significance November 5, 2020 This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Law. The Southold Town Board, as lead agency, has determined that the proposed action described below will not have a significant effect on the environment and a Draft Environmental Impact Statement will not be prepared. Name of Action: Change of Zone of Walsh Park Benevolent Corp. SCTM#: 1000-9-10-10 Location: Southeast Side of Winthrop Avenue, Fishers Island, New York SEAR Status: Type I ( ) Unlisted (X) Conditioned Negative Declaration: Yes ( ) No (X) Description of Action: The proposed action involves a request to change the zone of a 3.82 acre parcel (SCTM# 1000-9-10- 10) from the Residential 40 (R-40) zoning district to the Hamlet Density (HD) zoning district for the purpose of developing year-round, attainable housing. The proposal includes a subdivision of the parcel into 4 lots where lot 1 would equal 13,362 sq. ft., Lot 2 10,350 sq. ft., Lot 3 40,026 sq. ft. and Lot 4 102,788 sq. ft. and residential site plan review for the development of 4 dwelling units on Lot 4. The success of the application would involve several steps. 1. Change of Zone from R-40 to HD on a portion of the property. SE RA Negative Declaration - Pae 2—November 5 2020 2. Subdivision of parcel into 4 lots. 3. Residential Site Plan approval. 4. Fishers Island Union Free School District voter referendum to sell the property. Reasons Supporting This Determination: A Full Environmental Assessment Form has been amended and reviewed to reflect the revised application. The determination was based upon the following: On September 10, 2020 Suffolk County Department of Economic Development and Planning determined that the action is "a decision of local determination". Im act on Land The subject 3.82 acre parcel was historically improved with soldier barracks during active operations of Fort Wright. The barracks have been razed and currently the parcel is occupied with 2-two single family residences in the north and 2-two family residences in the south (6 units). The remaining area of the parcel is mostly cleared with small sections of brush and individual trees. A utility line easement runs north/south through the parcel. The applicant is proposing a reduced density unit yield under the new zoning district requested. The original application submitted on December 3, 2019 included the construction of 8 units, however, the units have since been reduced to 4 on a 2.86 acre parcel. The parcel is currently split zoned HD and R-40. Of the 3.82 total acres, .95 acres is within the HD zoning district. The purpose of the R-40 Zoning District is: The purpose of the Low-Density Residential R-40 District is to provide areas for residential development where existing neighborhood characteristics, water supply and environmental conditions permit full development densities of approximately one dwelling per acre and where open space and agricultural preservation are not predominate objectives. Under the R-40 Zoning District, density is permitted at 40,000 square feet for each unit. The proposed development would be located in an existing neighborhood with supporting infrastructure. The current density on the parcel is 0.64 acres per unit, if the subdivision and residential site plan is successful. The number of units have been reduced to 4 on a 2.86 acre parcel with a calculated density of.72 acres per unit. The parcel is not a target for agricultural or open space preservation The purpose of the HD Zoning District is: The purpose of the Hamlet Density(HD) Residential District is to permit a mix of housing types and level of residential density appropriate to the areas in and around the major hamlet centers, particularly Mattituck, Cutchogue, Southold, Orient and the Village of Greenport. Land uses surrounding the parcel include a mixture of residential housing types. To the north and east and adjacent to this parcel are single family residences in the R-40 zoning district. Abutting the SE RANative e; Declaration Page 1 3—November 5, 2020 - parcel to the south is a mixture of residences (including two family) along Whistler Avenue in the HD zoning district. There are currently 13 single family residences within the vicinity of the parcel. The surrounding area is a residential neighborhood. The proposal would support the mix of housing types in the area. There are no protected lands in the vicinity of the parcel. The proposed density on the parcel would be consistent with the purpose of the HD zoning district. exceeding the 1 unit per 10,000 square feet permitted in the zone. The parcel is not located within or around a hamlet center. The purpose of the HD zone establishes a nexus with hamlet centers. The Fishers Island Hamlet Center is a small area comprised of several commercial buildings anchored by a "Village Green". Due to the geography of the island, ownership, historic use and build out, including the re-use of existing buildings; other commercial areas have developed in numerous locations throughout the island. Consequently,the build out of the commercial areas are spread out across the island and it is difficult to locate density in or around the hamlet center. a GN l.. d Legend scTraas-1aio ZONING r 7 r ii Ft /� y�riy� yilY I�i� B HD V „ IV4 / � le � t� d� ✓ / �//�"� °°%lIi"q i F'�V��r�i a��;petillf l �f���7 R-40 �r � � i 1"/1 Mlil B d � �l�� V! � di i!�"`of 1 l Fd—d®Q IM Ty R-80 ✓/rr ., �n: ,, „u..u,,,. ,. l r�7 �r�ir, e ,..,t�»��,,, r�rr� •rt�, r.wro. Figure 1. Parcel location (Yellow Outline) and surrounding zoning districts.. SEQRA Negative Declaration - Page 4—November 52020 �t t , I i o l j y, Figure 2. Subject parcel (Blue outline) SEPR.A....Negative D„e„c„laration -Pagewf 5-November 5, 2020 vote- k 'y T e H ht 4Lf I w . M�F+W Lot�1 All Figure 3. Proposed site plan. Note, that the number of units have been reduced to 4. No moderate to large adverse impacts on land are expected to occur as a result of the action. Impact on_„Water 1. Water Supply The public water supply, treatment, distribution and storage facilities for Fishers Island are owned and operated by the Fishers Island Waterworks Company, an operating company jointly owned by FIDCO and the Fishers Island Utility Company. Public water service is proposed for each newly constructed unit. The amended FEAF estimates 300 gallons per day (GPD) per unit of water use for a total of 1200 GPD. The applicant has offered to "invest in a partnership” with the Fishers Island Utility Company to upgrade the function of the public water infrastructure to provide water service. Public water supply is expected to be adequate. Mitigation to conserve potable water could include, applying clearing limits, establishing vegetated buffers, limiting irrigated areas, requiring native and drought tolerant plant species and applying fertilizer and herbicide best management practices to landscaped areas applied if a subdivision and residential site plan are filed. SEQRA Ne ga„t„ive Declaration - Pae 1 6—November 5 2020 2. Sanitary Disposal Public sewer connection is available. The sewage treatment collection system on the island services about forty buildings within the perimeter of Fort Wright. The system was built as part of the development. An existing sewer easement runs through the property and the newly constructed units would connect to the existing sewer system and prevent point discharge of wastewater to the aquifer at the parcel location. Large adverse impacts from sanitary wastewater will not occur on the parcel. 3. Ground or Surface Water Quality or Quantity The parcel is located over a sole source aquifer. The FEAF indicates that groundwater occurs at +15' below grade. The depth is sufficient to install subsurface utilities and infrastructure (drywells) No freshwater wetlands or marine wetlands are located on the property. The parcel is located approximately 300' west of a marine wetland (Hay Harbor). The proposed connection to the public water service and sewer mitigates potential moderate to large adverse impacts to groundwater and surface waters. Sanitary wastewater will be disposed to the sewer system therefore reducing the amount of total nitrogen entering groundwater and subsequently surface waters from the parcel. No moderate to large adverse impacts to ground water quality or quantity are expected to occur Impact on Floodiq The parcel is not located within a mapped FEMA Flood Zone. No impacts to floodways are expected to occur. Impact on Air Air pollution can harm human health, and damage elements of the ecosystem. Exposure to air pollution is associated with numerous effects on human health, including pulmonary, cardiac, vascular, and neurological impairments. The movements of vehicles on site are capable of causing periodic low levels of fugitive dust during in short duration during construction of the buildings. Once the site is developed, fugitive dust generated from the project is expected to be low. No substantial adverse change in existing air quality is expected to occur. Impact on Plants„ITand Animals The parcel is currently improved with residential structures and mostly cleared. Areas of successional vegetation and sporadic trees occur throughout the parcel. A total of 1.7 acres of vegetation are proposed to be removed from site under this proposal. The parcel is not located within a New York State Department of State Significant Fish and Wildlife Habitat Area. The New York State Department of Environmental Conservation Environmental Resource Mapper SEQRA Ne a�� tive Declaration- Page„f 7-mNovember 5, 2020 was consulted to determine if the parcel or area is identified as containing rare or endangered plants. The entire parcel is within a "Natural Communities Vicinity" data layer. This data layer shows areas within 1/2 mile of the significant natural communities. Identified communities include: Natural Community Name: Marine eelgrass meadow Location: Fishers Island South Ecological System: Marine Natural Community Name: Marine rocky intertidal Location: Fishers Island Ecological System: Marine Natural Community Name: Marine eelgrass meadow Location: Fishers Island North Ecological System: Marine These communities do not occur on the parcel. The NYSDEC indicates that the parcel is also in the vicinity of animals and plants listed as endangered or threatened and it is recommended that the applicant contact the New York State Natural Heritage Program at (518) 402-8935 for more details if-and when applications are made to the Planning Board. The occurrence of rare or threatened plants or animals on site or within the vicinity of the site is unknown pending more information from the NYSDEC. The parcel is improved, located in a residential neighborhood and bordered on three sides by a road. Animal species on site are expected to be indicative of those found in neighborhood settings (small mammals, deer and bird species). The use of the site by reptiles and amphibians is expected to be low. It is not expected that the construction of 4 dwelling units on a previously improved parcel would have a significant impact on wildlife. No significant removal or destruction of large quantities of vegetation will occur as a result of this action. Correspondingly, no substantial interference with the movement of any resident or migratory fish or wildlife species nor impacts on a significant habitat area will occur as a result of this action. .1pp,act on A&ricultural Land Resources No significant, adverse impacts to agricultural lands or soils will occur. Mit on Aesthetic Resources The parcel is located in an existing neighborhood of single family and two-family dwellings. The four units would be located in, or close to the center of the parcel. Vegetative buffers should be required to screen the units from public roads. The proposed residential use is consistent with residential neighborhood character. No substantial_m adverse impacts to aesthetic resources are expected to occur. SEQRA Negat„i„ve Decla,ration - Page 18—Novemmbe„r,S, 2020 Impact on Historical and Archeological Resources The EAF Mapper was consulted and the parcel is in the vicinity of properties eligible for listing on the National or State Register of Historic Places identified as Fort H.G. Wright Residences and Officers Club and Quarters. The parcel has also been identified as an area sensitive for archeological sites on the New York State Historic Preservation Office (SHPO) inventory. It is recommended that the applicant contact the New York State Office of Parks Recreation and Historic Preservation to determine if cultural resource surveys are recommended. This information would be required to be submitted if and when a subdivision/site plan application is submitted to the Planning Board. The impact on important historical or archaeological resources are unknown at this time. Impact on Open Space and Recreation The parcel is privately owned, no significant impacts to public open space or recreational areas will occur as a result of this action. Impact on Critical Areas The entire land mass of Fishers Island is a designated New York State Department of Environmental Conservation (NYSDEC) Critical Environmental Area. Southold Town contains 23 NYSDEC Critical Environmental Areas (CEA). To be designated as a CEA, an area must have an exceptional or unique character with respect to one or more of the following: • A benefit or threat to human health. • A natural setting (e.g., fish and wildlife habitat, forest and vegetation, and/or open space and areas of important aesthetic or scenic quality). • Agricultural, social, cultural, historic, archaeological, recreational, or educational values. • An inherent ecological, geological, or hydrological sensitivity that may be adversely affected by any change. The designations are important in review of development actions because the State Environmental Quality Review Act'requires that a potential impact on the environmental characteristics of a CEA must be evaluated. The entire land mass of Fishers Island is a designated New York State Department of Environmental Conservation (NYSDEC) Critical Environmental Area. The parcel was previously developed and is currently vegetated with grass, shrubs and sporadic trees. As discussed above, the parcel is in the vicinity of animals and plants listed as endangered or threatened and it is recommended that the applicant contact the NYSDEC Regional Office for more details. The proposed action is not expected to result in moderate to large adverse impacts to the NYSDEC Critical Environmental Area. Impact on Transportation A nominal increase in vehicle trips is expected on Winthrop Avenue and area roads if the HD zoning district is applied and the 4 units are constructed. Correspondingly, the level of service at the SE„QRA Negative Declaration - Pae 9—November 512020 intersections of Winthrop Drive and Equestrian Avenue and Whistler Avenue is not expected to be significantly affected due to the low volume of vehicles resulting from the residential use. The applicant has offered to conduct a traffic study. The study results will be evaluated if and when a subdivision/site plan application is submitted to the Planning Board. Parcel Access The parcel has adequate frontage (354.50') along Winthrop Avenue (50' ROW) and (378.79 ) along Equestrian Avenue (50' ROW) for vehicle access. Access to the parcel is proposed from Winthrop Avenue. The two existing single-family residences located on the parcel in the northwest are served by separate driveways from Winthrop Avenue; the 2 -two family residences in the south are served by the Officers Service Road. It is expected that if a future subdivision is approved there would be no change in current access to the existing residences. Public Transportation Public transportation is not available on Fishers Island. Private Transportation Private transportation to and from the island is available via Fishers Island Ferry. Smaller boats and water taxis are also available to commute to the mainland. The Fishers Island Ferry terminal is accessible from the site. Pedestrian and Bicyclist Modes Sidewalks occur on the south side of Winthrop Drive, the east side of Equestrian Avenue and on the north and south sides of Whistler Avenue. Access to pedestrians over sidewalks from the parcel to the Fishers Island School and Fishers Island Ferry terminal is available. Sidewalks are also available from the parcel to the hamlet center (Village Green). Transportation by bicycle is available on local roads and is a frequently used mode of transportation on the island. The proposed future parcel use is residential with the construction of 4 dwelling units. No significant traffic volume (generation) or flow is expected to occur as a result of this action. The applicant has proposed to conduct a traffic study to better assess the potential impacts and guide decision making. The data will be available in the future, however, moderate to large adverse impacts are not expected. Impact of Erter No major change in the use of either the quantity or type of energy will occur. Noise and OdorImpacts No adverse, substantial change in noise or odor is expected will occur. SEgRA Neati�. .eDec .... . �.-... aration - Page 10—Novembe,r 5 20„20 Impact on Public Health The NYSDEC Spills or Remediation Database identifies a site occurring within 2000 feet of the parcel with a identification number of 152241. The reference number provided did not reveal any more information, however, a general search produced the following event for an unknown petroleum spill at the Butterfield Battery located northwest of the parcel. Administrative Information DEC Region: 1 Spill Number: 1908543 Spill Date/Time Spill Date: 11/25/2019 Spill Time: 12:00:00 PM Call Received Date: 11/25/2019 Call Received Time: 12:00:00 PM Spill Name: BATTERY BUTTERFIELD Address: WHISTLER AVENUE City: FISHERS ISLAND County: Suffolk No adverse effect from this spill is anticipated and no creation of a hazard to human health is expected to occur. The FEAF indicates that less than one ton of solid waste will be generated per month. Solid waste will be disposed at the Fishers Island Transfer Station. Future site improvements will be required to comply with Chapter 236 Stormwater Management of the Southold Town Code to control stormwater on-site. No moderate to large adverse impacts resulting from solid waste or leaching and drainage problems are expected to occur. impact on Growth, Character of Community or Neighborhood The Walsh Park Benevolent Corporation (Walsh Park) was founded in 1987 as a not-for- profit corporation to create and maintain a supply of affordable year-round housing. Rents are set at a 10%-35% discount to the HUD Fair Market Rents Index for affordable housing units in Norwich/New London, CT. The rents are adjusted annually. Furthermore, Walsh Park requires tenants to become contributing members of the community by becoming volunteer firefighters, emergency medical technicians, and crossing guards, among other crucial volunteer activities. The proposed action is consistent with the Fishers Island Strategic Plan (2007-2017), The Town of Southold Hamlet Study (2007-2009) and the Southold Town Comprehensive Plan (2020) which supports the creation of affordable housing. The Southold Town Comprehensive Plan Land Use Chapter and Housing Chapters include goals which support the creation of affordable housing on Fishers Island recognizing the need to retain a viable and diversified population. It states: A / Facilitate a stable population of year-round residents on the Island. The year-round population is dwindling, in part due to lack of jobs and lack of affordable homes. 1 / Create new housing at a price that is attainable for year-round residents. SEQRA NepativkDeclaration .P...a e11w.... .e2020 2 Create quality jobs. The action has been reviewed to the policies of the Town of Southold Local Waterfront Revitalization Program (2005) and is recommended as consistent. Based upon the above and characteristics of the parcel, the proposal is consistent with community plans. For Further Information: Contact Person: Mark Terry, Assistant Town Planning Director Telephone Number: (631) 765-1938 cc: Southold Town Clerk for Town Board Suffolk County Department of Health Services Southold Town Building Department Agoicy Use Only [IfApplica blel, Project Walsh Park Application Date Full Environmental Assessment Form Part 3-Evaluation of the Magnitude and Importance of Project Impacts and Determination of Significance Part 3 provides the reasons in support of the determination of significance. The lead agency must complete Part 3.for every question in Part 2 where the impact has been identified as potentially moderate to large or where there is a need to explain why a particular element of the proposed action will not,or may,result in a significant adverse environmental impact. Based on the analysis in Part 3,the lead agency must decide whether to require an environmental impact statement to further assess the proposed action or whether available information is sufficient for the lead agency to conclude that the proposed action will not have a significant adverse environmental impact. By completing the certification on the next page,the lead agency can complete its determination of significance. Reasons Supporting This Determination: To complete this section: • Identify the impact based on the Part 2 responses and describe its magnitude. Magnitude considers factors such as severity, size or extent of an impact. • Assess the importance of the impact. Importance relates to the geographic scope,duration,probability of the impact occurring,number of people affected by the impact and any additional environmental consequences if the impact were to occur. • The assessment should take into consideration any design element or project changes. • Repeat this process for each Part 2 question where the impact has been identified as potentially moderate to large or where there is a need to explain why a particular element of the proposed action will not,or may,result in a significant adverse environmental impact. • Provide the reason(s)why the impact may,or will not,result in a significant adverse environmental impact • For Conditional Negative Declarations identify the specific condition(s)imposed that will modify the proposed action so that no significant adverse environmental impacts will result. • Attach additional sheets,as needed. Please refer to Environmental Assessment Report prepared by the Planning Board dated November 5,2020, 4 Determination of Significance- Type 1 and Unlisted Actions mSEQR Status: ❑ Type 1 ©Unlisted Identify portions of EAF completed for this Project: ©Part I ©Part 2 ©Part 3 Upon review of the information recorded on this EAF,as noted,plus this additional support information Eayjr.Qr :P Issrrl:lt Report 1�,[ P n B r . IQd Novemb. (t20 _ — and considering both the magnitude and importance of each identified potential impact,it is the conclusion of the as lead agency that: ❑✓ A. This project will result in no significant adverse impacts on the environment,and,therefore,an environmental impact statement need not be prepared. Accordingly,this negative declaration is issued. ❑ B. Although this project could have a significant adverse impact on the environment,that impact will be avoided or substantially mitigated because of the following conditions which will be required by the lead agency: There will,therefore,be no significant adverse impacts from the project as conditioned,and,therefore,this conditioned negative declaration is issued. A conditioned negative declaration may be used only for UNLISTED actions(see 6 NYCRR 617A). ❑ C. This Project may result in one or more significant adverse impacts on the environment,and an environmental impact statement must be prepared to further assess the impact(s)and possible mitigation and to explore alternatives to avoid or reduce those impacts. Accordingly,this positive declaration is issued. Name of Action: Walsh Park Application Name of Lead Agency: Town of Southold Town Board Name of Responsible Officer in Lead Agency: Scott A.Russell Title of Responsible Officer: Town Supervisor Signature of Responsible Officer in Lead Agency: Date: December 15,2020 Signature of Preparer ........_. (if differ,.e...n.,t from Responsible Officer) .. � � Date December er 15,2020.... ... �" .... __ .....-.. ........... ...,. For Further Information: Contact Person: Mark Terry,Assistant Town Planning Director Address: P.O.Box 1179,53095 Main Road,Southold,NY 11971 Telephone Number:631-765-1938 E-mail: Mark.Terry@town.southold.ny us For Type 1 Actions and Conditioned Negative Declarations,a copy of this Notice is sent to: Chief Executive Officer of the political subdivision in which the action will be principally located(e.g.,Town/City/Village of) Other involved agencies(if any) Applicant(if any) Environmental Notice Bulletin: littp 11+,r vwv.cict.pay gt v/enb/eii[).html PRINT FULL FORM Page 2 of 2