HomeMy WebLinkAbout2019_3_01 Peconic Recycling Preliminary Review Memo
NELSON, POPE & VOORHIS, LLC
ENVIRONMENTAL PLANNING CONSULTING
www.nelsonpopevoorhis.com
MEMORANDUM
To: Town of Southold Zoning Board of Appeals
cc: Northfork Recycling Property, LLC, c/o Abigail Wickham, Esq., Applicant
From: Carrie O’Farrell, AICP, Senior Partner, Nelson, Pope & Voorhis, LLC
Date: 3/1/2019
Re: Peconic Transfer Truck Facility: Special Exception Use Permit, Zoning Variance, and
Preliminary Environmental Review
Nelson, Pope & Voorhis, LLC (“NP&V”) has been retained by the Town of Southold Zoning
Board of Appeals (“Board”) to assist in the review of applications for the proposed “Peconic
Transfer Truck Facility” and to conduct an environmental assessment in accordance with the
standards and procedures set forth by the State Environmental Quality Review Act (“SEQRA”).
NP&V has visited the project site and reviewed the following materials submitted by the
Applicant, Northfork Recycling Property, LLC:
Special Exception Use Permit Application;
Zoning Variance Application;
Site Plan, First Floor Plan, and Building Elevations prepared by DiGiovanni &
Associates Architects (“DAA”), dated September 10, 2016;
Short Environmental Assessment Form (“SEAF”) Part I submitted with the Variance
Application, dated February 8, 2017;
Long Environmental Assessment Form (“LEAF”) Part 1, submitted with the Site
Plan/Special Exception Use Permit Application, dated June 15, 2017;
Town of Southold Local Waterfront Revitalization Program (“LWRP”) Consistency
Assessment Forms for both applications;
Agricultural Data Statement; and
other required and supplemental application materials submitted in support of the
proposed action.
The subject project is classified as an “Unlisted” action pursuant to SEQRA, and therefore,
requires environmental review prior to final decisions on the action. The purpose of the present
review is to assist the Zoning Board of Appeals (“ZBA”), as Lead Agency in its initial
examination of submitted materials, and to provide preliminary input regarding the content,
adequacy, accuracy and suitability of these materials for commencing formal environmental
review under SEQRA. Coordinated review is optional for Unlisted actions. Agencies that are or
Peconic Transfer Truck Facility
Variance, Special Exception Use Permit
& Preliminary SEQRA Review
Page 2 of 8
CORPORATE OFFICE HUDSON VALLEY OFFICE
572 WALT WHITMAN ROAD, MELVILLE, NY 11747-2188 156 Route 59, Suite C6, SUFFERN, NY 10901
PHONE: (631) 427-5665 FAX: (631) 427-5620 PHONE: (845) 368-1472 FAX: (845) 368-1572
may be classified as an “Involved Agency” for the subject action as defined by SEQRA are
believed to include the following1:
Table 1
LIST OF INVOLVED AGENCIES
Agency, Board or Office Permit or Approval Required
Town of Southold Zoning Board of Appeals Zoning Variances and Special Exception Use Permit
Town of Southold Planning Board Site Plan Approval
Town of Southold Building Department Building Permit
Suffolk County Department of Health Services Water Supply and On-site Sanitary System
Approvals
Suffolk County Planning Commission General Municipal Law, Section 239-m (within 500
feet of an Agricultural District )
Suffolk County Water Authority Water Service Extension and Connection
New York State Department of Environmental
Conservation
SPDES General (Stormwater) Permit and
Stormwater Pollution Prevention Plan (SWPPP)
PSEG Long Island Electric (PSEG requests coordination of new
projects)
A copy of the LEAF, proposed plans and other essential materials should be referred to these
agencies as part of Lead Agency coordination.
Background Information
Location
The subject property is located at 810 Commerce Drive, approximately 328 feet northwest of the
intersection of Corporate Road and Commerce Drive in the Hamlet of Cutchogue, Town of
Southold, Suffolk County, New York on land identified as Suffolk County Tax Map District
1000; Section 95; Block 2; Lot 6. The property is 120,763 SF (2.772 acres) in area and is zoned
“Light Industrial Office” (“LIO”). The adjacent lot to the south (Lot 5) is under common
ownership with the subject site. The property is within 500 feet of a designated Agricultural
District pursuant to the New York State Agriculture and Markets Law. An Agricultural Data
Statement has been submitted by the Applicant which must be forwarded to the Suffolk County
Planning Commission for its consideration. The site is located within the coastal boundary of the
Town’s Local Waterfront Revitalization Program (“LWRP”), and an LWRP Consistency
Assessment Form has been submitted. The property is near but outside of the boundaries of the
Southold Special Groundwater Protection Area and is not within the boundaries of any other
established Critical Environmental Areas. There are no State or National Register of Historic
1 An involved agency is an agency that has jurisdiction by law to fund, approve or directly undertake an action. If
an agency will ultimately make a discretionary decision to fund, approve or undertake an action, then it is an
involved agency.
Peconic Transfer Truck Facility
Variance, Special Exception Use Permit
& Preliminary SEQRA Review
Page 3 of 8
CORPORATE OFFICE HUDSON VALLEY OFFICE
572 WALT WHITMAN ROAD, MELVILLE, NY 11747-2188 156 Route 59, Suite C6, SUFFERN, NY 10901
PHONE: (631) 427-5665 FAX: (631) 427-5620 PHONE: (845) 368-1472 FAX: (845) 368-1572
Places landmarks or archaeologically sensitive areas nearby; nor any locally established
landmarks or districts in the area.
Existing Conditions
The property is currently used for temporary outdoor storage of vehicles, dumpsters, box storage
containers, plastic garbage barrels, mulch/woodchip piles, and other miscellaneous materials.
Nearby land uses include the Peconic Transfer Station, Cutchogue Materials and Recycling, sod/
turf fields, mixed light industrial and business uses, a storage facility or warehouse, and the
Town of Southold Transfer Station compost storage area. The closest residence is estimated to
be located 425± feet west of the site and there are few homes in the immediate surrounding area.
Land that abuts or is adjacent to the north, southeast, and west of the subject property is also
zoned LIO. The property is generally flat and has been almost entirely cleared with the
exception of some perimeter landscaping including both deciduous and evergreen species. The
eastern boundary of the site contains a chain-link fence. A water main is available within the
Commerce Drive right-of-way and a fire hydrant is present at the end of the cul-de-sac, adjacent
to Lot 7. The site contains no buildings; therefore, no septic system currently exists on the site.
A utility box is present along the frontage of the subject property and an underground LP gas
tank is present down the road near the shoulder of the right-of-way for Commerce Drive,
adjacent to the existing Peconic Recycling facility. According to NYSDEC’s Environmental
Mapper, the project site is located within an area that has been identified as being in the vicinity
of Listed Endangered or Threatened wildlife (northern long eared bats). It is noted that the site is
almost entirely cleared and is intensively used, with only shrubs and small diameter vegetation
present.
Proposed Action
The actions currently under review by the Board include: 1) a request for a Zoning Variance per
the Southold Building Department’s November 30, 2018 Notice of Disapproval; and 2) a Special
Exception Use Permit to allow for the construction of a 21,450 square foot (“SF”) single-story L-
shaped truck terminal, 50 parking spaces, including four (4) Americans with Disabilities Act
(“ADA”) accessible spaces, and two 15-foot by 45-foot truck loading spaces. The requested
variance is required due to insufficient front yard building setback (minimum of 66 feet proposed
where 100 feet is required) as per Section 280-60A of the Town Code. The Special Exception
Use Permit is required to allow the truck terminal facility in an LIO zone. In addition, although
not noted in the Notice of Disapproval, the proposed landscaped areas at the site total 17.1
percent of the property where a minimum of 35 percent is required in an LIO zone based on
“280 Attachment 4,” “Bulk Schedule for Business, Office and Industrial Districts” of the Town
Code. Other dimensional zoning requirements appear to be in compliance. The Proposed Action
also requires Site Plan approval from the Town Planning Board after variance and Special
Exception Permit review and prior to issuance of a building permit.
The main portion of the building is proposed to be 245 feet by 65 feet and the smaller attached
section of the “L-shaped” structure is proposed to be 65 feet by 85 feet. The building will cover
17.8± percent of the site. The proposed structure will be 30 feet in height from finished grade to
Peconic Transfer Truck Facility
Variance, Special Exception Use Permit
& Preliminary SEQRA Review
Page 4 of 8
CORPORATE OFFICE HUDSON VALLEY OFFICE
572 WALT WHITMAN ROAD, MELVILLE, NY 11747-2188 156 Route 59, Suite C6, SUFFERN, NY 10901
PHONE: (631) 427-5665 FAX: (631) 427-5620 PHONE: (845) 368-1472 FAX: (845) 368-1572
the ridge of its roof. Two access/egress points will be provided on/off Commerce Drive―one
near the southwest end of the property―and the other within the cul-de-sac turn-around area at
the northwest end of the lot. Cross access connections will also be provided between the existing
Peconic Transfer Station, which is located adjacent to the south of the subject site. Landscaping
is proposed around the perimeter of the site and along the front or street-facing side of the
building. Outdoor lighting is proposed to be Dark Skies compliant and will consist of LED wall
packs not exceeding 3,000k. Applicant’s representatives indicate that lighting will be contained
on-site which would reduce unnecessary illumination and light trespass.
Applicants have estimated total water demand for the proposed use to be 2,200 gpd and indicate
that an existing water main will have to be extended an additional 200 feet north, along
Commerce Drive to serve the new project. SCDHS approval will be required for an on-site
septic system and utilities are proposed to be installed underground at the site. Applicants expect
that future operations will take place Monday through Saturday between the hours of 6:00 AM
and 6:00 PM.
Supplemental Information and Analyses Necessary from Applicant
Based on our initial review of the submitted application materials, it is our recommendation that
the following additional information be provided to the Board in the form of a Supplement to the
EAF to present a more complete understanding of the Proposed Action and its potential impacts
and to assist the Board in making a determination of significance under SEQRA. Once the
requested baseline materials and analyses have been submitted and the content and accuracy of
those materials are determined to be acceptable, the formal environmental assessment will
proceed.
1. Detailed Description of the Proposed Action: Application materials indicate that the
proposed facility will support the operation of the adjoining transfer station by providing
storage space for vehicles and containers used in its operations but a more complete
description of the Proposed Action and future on-site activities is needed. Specifically,
more detail is requested regarding the nature of the proposed use and future on-site
activities. For example:
o Will the proposed building contain office space, and if so, how much office
space?
o Will the building contain storage space? If so, how much storage space?
o There appears to be significant attic space (14 feet above the eaves). Will this
area be used for storage?
o Will trucks be serviced or maintained in the building and/or on-site or is the
available space for temporary storage only? What is the nature of the service or
maintenance expected?
o Will any hazardous materials be used, stored or handled on-site or transported to
and from the site, such as but not limited to gasoline or diesel fuel, motor
oil/waste oil, other automotive fluids, pesticides, industrial chemicals, etc.? If so,
Peconic Transfer Truck Facility
Variance, Special Exception Use Permit
& Preliminary SEQRA Review
Page 5 of 8
CORPORATE OFFICE HUDSON VALLEY OFFICE
572 WALT WHITMAN ROAD, MELVILLE, NY 11747-2188 156 Route 59, Suite C6, SUFFERN, NY 10901
PHONE: (631) 427-5665 FAX: (631) 427-5620 PHONE: (845) 368-1472 FAX: (845) 368-1572
the EAF Supplement should document spill prevention/best management
practices that will be implemented and the applicable approvals necessary.
o Will all materials be stored inside or will some be stored outside? If outdoor
storage is proposed, what screening is proposed around such areas?
o Will the materials that are processed or handled on-site be delivered or distributed
locally or are they shipped out of the area.
o Currently there are many dumpsters and other large containers, plastic garbage
barrels, mulch/woodchip piles, and an open steel Quonset hut-type structure on
the site. Will any of these materials/structures still be stored on-site or be
eliminated? If so, will they be stored inside or outside?
o Will any other business, other than the existing adjacent transfer facility, be
supported by the new facility? If so, what is the nature of those other businesses?
o Are there other specific types of work activities that would take place outside of
the building?
o What is the approximate number of employees that would be working at the site?
o What type of fuel will be used for heating/cooling of the building (fuel oil, natural
gas, other)?
o Please clarify the type of trucks that will be utilizing the truck terminal. Are they
18-wheel flatbed trucks, large box trucks? Other?
2. Traffic: The EAF Part 1 states that the proposed facility will house and service many of
the vehicles operating on the adjoining transfer station site; thereby, decreasing traffic on
local roads as there will be limited vehicles from outside sources. The applicant must
provide the maximum weekday AM, weekday PM and Saturday mid-day peak hour
vehicle trip generation using the Institute of Transportation Engineers (ITE) Trip
Generation Manual or actual counts from a comparable facility, including both truck and
automobile traffic from employees and the proposed use. The applicant should then
quantify any credits they are assuming from shared use, and provide a reasoned
justification for any credits/reductions.
3. Turning Radius: Applicants indicate that the need for the adequate turning radii will be
available for trucks entering, exiting and circulating through the property. It is indicated
that the required truck turning radii is necessary at the rear of the building and is used as
justification of the requested front yard variance. An AutoTurn analysis should be
provided using the anticipated truck size (or applicable emergency vehicles if larger) to
demonstrate that trucks can safely maneuver the site access and rear of the building, as
well as any access that might be made available to Lot 7.
4. Drainage: Some application materials seem to suggest that a pervious gravel parking lot
will be provided on-site; while other information suggests that the site will be paved.
Please verify the proposed nature of the parking lot. It should be noted that the site is
relatively flat; therefore, if the parking surface is to remain gravel and it is compacted
from heavy truck traffic. More detail should be provided regarding the way in which
Peconic Transfer Truck Facility
Variance, Special Exception Use Permit
& Preliminary SEQRA Review
Page 6 of 8
CORPORATE OFFICE HUDSON VALLEY OFFICE
572 WALT WHITMAN ROAD, MELVILLE, NY 11747-2188 156 Route 59, Suite C6, SUFFERN, NY 10901
PHONE: (631) 427-5665 FAX: (631) 427-5620 PHONE: (845) 368-1472 FAX: (845) 368-1572
stormwater runoff will be adequately addressed. Drainage Plans must be consistent with
Chapter 236, “Stormwater Management” of the Town Code. Chapter 236 requires that
drainage plans be prepared in accordance with the standards and specifications of the
“New York State Stormwater Management Design Manual” and “New York Standards
and Specifications for Erosion and Sediment Control” and that systems be designed to
capture at least two-inches of rainfall from a rainfall event. Since the site is larger than
one acre in area (2.77 acres), a SPDES Stormwater General Permit may be required and a
Stormwater Pollution Prevention Plan (“SWPPP”) may need to be prepared for Town
engineering review.
5. Outdoor Lighting and Signage: Outdoor lighting and signage plans will have to be
submitted to the Planning Board for review once a Site Plan application is submitted.
Lighting will need to be properly designed to provide a safe and secure environment and
prevent off-site light trespass, sky glow, glare, and excessive energy use.
6. Landscaping and Buffers: Page 4, Section C of the Covenants and Restrictions (C&Rs)
for North Fork Industrial Park Subdivision requires that a minimum 20-foot deep buffer
be provided along the easterly perimeter of Lot 6 (i.e., the subject property) along land
owned by the Town of Southold. Based on the proposed Site Plan, the proposed buffer is
10-feet deep. The C&R also requires that a double row of balled and burlapped
evergreen trees which include pest resistant species including Eastern red cedar
(Juniperus virginiana) and Norway spruce (Picea abies cultivars) of a minimum height
of 5 feet planted ten feet on center to provide adequate screening. Verification that the
proposed project complies with the applicable filed C&Rs will need to be provided. The
variance justification for the length of the building also indicates that variable size
landscaping will be provided to help break up the expanse of the building. A Landscape
Plan should be provided to specifically demonstrate the landscaping proposed. The
applicant should provide a justification for why the minimum of 35 percent landscaped
cannot be provided as required in an LIO zone.
7. Endangered or Threatened Species: According to NYSDEC’s Environmental Mapper,
the project site is located within an area that has been identified as being in the vicinity of
Listed Endangered or Threatened wildlife (northern long eared bats). It is noted that the
site is almost entirely cleared and is intensively used. The applicant should provide a
statement regarding the existing vegetation remaining and confirm whether this
vegetation is suitable habitat for northern long eared bats.
8. Long EAF Part 1 (LEAF): Based on NP&V’s review of the revised Part 1 LEAF, the
following items need to be addressed further:
The directions on Page 1, Section A under “Brief Description of Proposed
Action” requires that the “purpose and need” for the proposed action be provided
but this information was not included. Please revise the EAF Part 1 to include this
information.
Peconic Transfer Truck Facility
Variance, Special Exception Use Permit
& Preliminary SEQRA Review
Page 7 of 8
CORPORATE OFFICE HUDSON VALLEY OFFICE
572 WALT WHITMAN ROAD, MELVILLE, NY 11747-2188 156 Route 59, Suite C6, SUFFERN, NY 10901
PHONE: (631) 427-5665 FAX: (631) 427-5620 PHONE: (845) 368-1472 FAX: (845) 368-1572
According to Page 5, Section D.2.c.i of the LEAF, total water demand for the
proposed project is estimated to be 2,200 gpd. However, Section D.2.d. states
that the project will not generate liquid wastes, which is defined by the EAF as
industrial and/or sanitary wastes. It is assumed that at a minimum that bathrooms
will be provided for workers and a septic system will be installed, thereby
triggering the need to project the volume of liquid waste expected per day. This
discrepancy should be resolved. Also, it is unclear what the 2,200 gpd of water
will be used for since this seems to far exceed what might be expected for the
sanitary wastewater flow for a 21,450 SF general industrial building. This
information should be provided along with how this water will be disposed (i.e.,
Is all of it going to the sanitary system or is some of it being used for washing
down trucks or other activities that don’t necessarily discharge to a sanitary
system?). Furthermore, it is noted that if the 2,200 gpd of water is to be
discharged to a sanitary system, it may exceed Suffolk County Sanitary Code
density (and hydraulic) loading standards for a 2.77-acre parcel in Groundwater
Management Zone IV, and if this is the case, the project would also be
inconsistent with Number 3 on Page 4 of the SCDHS Covenants and Restrictions
for the previous North Fork Industrial Park subdivision. Further assessment and
clarification should be provided.
Entries provided on Page 6 of the LEAF Part 1 in Section D.2.e.i. having to do
with impervious surfaces in relation to total lot size appear to be inaccurate.
Please recheck and revise the table in Section E.1.b. of the EAF, accordingly.
Page 11, Section E.2.c. states that the predominant soil type is “bank run.” The
response for this question should come from the US Department of Agriculture’s
Suffolk County Soil Survey or the USDA’s online Soil Survey database found at
https://websoilsurvey.nrcs.usda.gov/app/HomePage.htm Based on a quick review,
it appears that the soil types would include Haven loam (“HaA”) and Riverhead
sandy loam (“RdB”).
Page 11, Section E.2.d. states that the average depth to groundwater at the site is
80+/- feet. The estimate does not seem to be accurate. Please recheck and
indicate the source for this estimate.
9. Site Plan: Recommend showing the location of the existing fire hydrant that is located at
the end of the cul-de-sac prior to submission of the Site Plan to the Planning Board.
10. Zoning Application: Number 5 on Page 3 of the Zoning Application states that there are
no Covenants or Restrictions (C&Rs) concerning the property but it appears that there are
C&Rs related to the original subdivision and the subject property.
11. Easement Agreement: An unsigned easement agreement between Lots 6 and 7 is included
with the ZBA application materials. Please indicate whether this easement currently
Peconic Transfer Truck Facility
Variance, Special Exception Use Permit
& Preliminary SEQRA Review
Page 8 of 8
CORPORATE OFFICE HUDSON VALLEY OFFICE
572 WALT WHITMAN ROAD, MELVILLE, NY 11747-2188 156 Route 59, Suite C6, SUFFERN, NY 10901
PHONE: (631) 427-5665 FAX: (631) 427-5620 PHONE: (845) 368-1472 FAX: (845) 368-1572
exists or is proposed and what its purpose is. The location of this easement if it exists or
is proposed should be shown on the Site Plan if it affects the subject parcel.
The applicant should prepare or compile the above requested information and revised the LEAF
accordingly and submit it to the Board and our office for review. We are happy to discuss any
questions from the Applicant if the Board would like us to have direct communications with the
Applicant and their professionals.
Carrie O’Farrell, AICP
Senior Partner
NELSON, POPE & VOORHIS, LLC
ENVIRONMENTAL · PLANNING · CONSULTING
Long Island Office:
572 Walt Whitman Road
Melville, NY 11747
ph: (631) 427-5665 ext. 214
cofarrell@nelsonpopevoorhis.com