HomeMy WebLinkAbout1000-84.-2-1.1, 3.3, 3.4 OFFICE LOCATION: MAILING ADDRESS:
Town Hall Annex P.O. Box 1179
54375 State Route 25 ®��®f S® y®l Southold, NY 11971
(cor.Main Rd. &Youngs Ave.)
Southold NY Telephone: 631765-1938
www.southoldtownny.gov
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REC"EIVED
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD JAN g 2021
MEMORANDUM S®uthoW Town Clerk
To: Scott A. Russell, Supervisor
' Members of the Town Board ;
Elizabeth A. Neville, Town Clerk
cc: William Duffy, Town Attorney
From: Heather Lanza, Town Planning Director*\,
Date: January 6, 2021
Re: New Application: Colusa North Conservation Subdivision
Review & SEQRA Coordination
Located at 7750 Bridge Lane, Cutchogue
SCTM#1000-84-2-1.1, 3.3 and 3.4
The Planning Board refers this application to you for your information, review and
comments, and your interest in assuming the responsibilities of lead agency under
SEAR.
This proposal is for a subdivision of 66.2 acres into 11 residential lots with a private
road, and an agricultural lot of 51 acres. The access for the 11 residential lots will be
from Bridge Lane. The applicant is requesting the Town purchase the development
rights on the agricultural lot.
Thank you for your cooperation.
Directions to view entire application online:
1. Southold Town Website: http://www.southoldtownny.gov/
2. Click on Town Records (Weblink/Laserfiche)
3. Navigate to the folder: Planning/Applications/Conservation Subdivision/ Pending/
1000-84-2-1.1
P
OFFICE LOCATION: MAILING ADDRESS:
Town Hall Annex �F soP.O. Box 1179
54375 State Route 25 O�� y�l Southold, NY 11971
(cor. Main Rd. &Youngs Ave.) Q
Southold, NY Telephone: 631765-1938
www.southoldtownny.gov
CA
cDUNl�,�
RECEIVED
PLANNING BOARD OFFICE NOV 3 0 2020
TOWN OF SOUTHOLD
MEMORANDUM Southold Town Clerk
To: Elizabeth,A.Neville, Town Clerk ,
From: Donald J. Wilcenski, Chairman ,
Members of the Planning Board
Date: November 25, 2020
Re: Planning Board Comments to Town Board
Change of Zone Application of HC NOFO LLC (Southold Affordable Apartments)
The proposed action involves the request for a•'Change of Zone for SCTM#1000-61-1-9.1 from
the Hamlet Business (HB)Zoning District to the Affordable Housing District(AHD). The parcel
is located at 53351 Main Road, Southold,New York 11971. The Change of Zone will-provide
the opportunity to construct up to 14 affordable housing rental units in four separate buildings on
the 48,707 sq. ft. parcel.Newly constructed buildings 1 through 3 will be occupied by four 813
sq. ft. units and located in the rear of the parcel, the existing dwelling located in the front of the
parcel will be converted to 2 units; one 975 sq. ft. and the second 1,007 sq. ft.
The Planning Board provides the following assessment and recommendations:
1. Current Zoning and the Applicability of the AHD Zoning District
The parcel is currently zoned Hamlet Business HB. The purpose of the HB Zoning
District is described in Town Code as follows:
"The purpose of the Hamlet Business (HB) District is to provide for business
development in the hamlet central business areas, including retail, office and service
uses,public and semipublic uses, cis well as hotel and motel and multifamily residential
development that will support and enhance the retail development and provide a focus
for-the hamlet area. "
The current use on the parcel is not in conflict with the HB zoned surrounding properties
that support commercial and residential uses.
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The purpose of the AHD Zoning District is described in Town Code as follows:
To provide the opportunity within certain areas of the Town for the development of high-
density housing for families of moderate income; and further, to do so with sensitivity to
the historic and aesthetic character of the Town's existing neighborhoods. Towards that
end, the Planning Board shall have the authority to amend certain setback and other
specifications in order to ensure cost efficiencies and design that furthers the Town's
goals ofproviding quality workforce housing. Homes located within the Affordable
Housing District are intended to be affordable in perpetuity. The amendments set forth in
Local Law No. 13-2004 apply only to development in an AHD District after June 1, 2004.
The AHD Zoning District supports the creation of affordable housing opportunities in
residential and commercial areas. The proposal is not in conflict with the historic or
aesthetic character of the existing neighborhood. The existing single-family residence on
NYS Route 25 is proposed to be retained and improved. The architecture of the three
buildings in the rear of the parcel are proposed to be designed to support the historic
character of the Hamlet.
Bulk Schedule Compliance
The proposed yield does not comply with the AHD Zoning District § 280-28. Bulk, area
and parking regulations.
The AHD Zoning District requires 10,000 sq. ft. of land area for each tenant-occupied
moderate-income family dwelling unit(unit)to meet yield unless the maximum unit size
is less than 850 sq. ft. If the unit is less than 850 sq. ft. the required land area is reduced
to 3,300 sq. ft. per unit.
The total lot area is 48,707 sq. ft. This lot area would yield 14 units if all were less than
850 sq. ft. each. A total of 14 units are proposed: Twelve units are proposed at 813 sq. ft.
and the two are proposed at 972 sq. ft. and 1,007 sq. ft.
Based on unit size and the bulk schedule requirements,the twelve units require 39,600
sq. ft. of buildable lands to meet yield(12 units x 3,300 sq. ft./unit). The remaining two
require 10,000 sq. ft. of buildable lands each. Therefore,the 14 units as proposed would
require a total lot area of 59,600 sq. ft. This exceeds the total lot area of the parcel by
10,893 sq. ft.
The proposed yield does not comply with the AHD Zoning District § 280-28. Bulk, area
and parking regulations. It should be noted, however, that only minor changes to the
proposal would be needed to bring it into compliance.
2. Built Environment and Existing Conditions
The 48,707 sq. ft. or 1.12 acre parcel is improved with a single-family dwelling and
driveway fronting NYS Route 25. The parcel spans from NYS Route 25 to Travelers
Street and is located within the Southold Hamlet Center.
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Land uses surrounding the parcel include a mixture of commercial, residential and
community services. To the north and adjacent to this parcel is Travelers Street and a
storage facility. To the south of the parcel is NYS Route 25 and a bank. To the east is the
United States Post Office and a large commercial center that includes restaurants, and
service businesses. To the west is the Town of Southold Town Hall and a retail shop.
3. Transportation and Infrastructure
Parcel Access
Access to the twelve units located in the three separate buildings in the rear of the parcel
is proposed from Travelers Street with a new curb cut. Access to the two units in the
existing single-family dwelling is proposed from NYS Route 25 using the existing
driveway.
Distance to Public Transportation
Both the train station and bus stops are within walking distance of the parcel. The Long
Island Rail Road Station is located to the east on Travelers Street.
The nearest bus stop is located just east of the parcel in front of the Feather Hill
commercial center. Suffolk County operates bus service throughout the Town.
Pedestrian and Bicyclist Modes
There is a sidewalk on the north and south sides of NYS Route 25 that provides ample
access to pedestrians from the parcel to the surrounding commercial businesses and
services. The sidewalk system continues uninterrupted to the Southold Union Free Public
Schools.
Transportation by bicycle on area roadways is also available.
4. Access to Public Water and Sewers
Public water is available to the parcel via a Suffolk County Water Authority (SCWA)
water main located in NYS Route 25.
The parcel is located within SCDHS Groundwater Management Zone IV, which
according to Article 6 of the Suffolk County Sanitary Code,has an allowable flow of 600
gallons per day (gpd) per acre in areas served by public water. The sanitary design flow is
computed using SCDHS manual Standards for Approval of Plans and Construction for
Sewage Disposal Systems for Single Family Residences. The manual establishes
300 GPD for a single-family residence.
The total sanitary calculated flow for the fourteen units is 3150 gallons per day (GPD).
The applicant is seeking a variance from the Suffolk County Department of Health
Services Board of Review to develop the parcel at double density. The fourteen units
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would require the transfer of 2550 GPD or 15 sanitary flow credits from the Town
Sanitary Flow Credit Bank with Town Board approval.
The installation of Hydro-Action Innovative/Alternative On-site Wastewater Treatment
Systems (I/A OWTS) are proposed to treat wastewater and reduce total nitrogen.
5. Availability to Commercial Centers, Public Schools and Amenities
The parcel is located within the Southold Hamlet Center, with amenities within walking
distance. A United States Postal Office is located just east of the parcel, down Travelers
Street. A grocery store (IGA) is located to the east. The commercial center of Southold
with a hardware store, restaurants, pharmacy, bank, deli and various service businesses is
also located to the east the parcel along NYS Route 25. The Southold Town Hall borders
the parcel to the west.
The parcel is located within the Southold Union Free School District. Available public
schools to the future residents would include Southold Elementary School and Southold
High School located within walking distance.
The location of the parcel provides adequate access to amenities and public schools with
sufficient supporting infrastructure.
6. Potential Environmental Impacts
Impacts to transportation, water supply and quality, community character and community
services are expected if the parcel is developed.
A nominal increase in vehicle trips is expected on Travelers Street and area roads if the
AHD Zoning District is approved and the additional 13 units are developed.
The level of service at the Travelers Street and Hortons Lane intersection is not expected
to be significantly affected by additional traffic volume from this proposal.
The level of service at the NYS Route 25 intersection would remain unchanged for
vehicles making left hands turns onto NYS Route 25.
The total amount of potable water used would increase. Mitigation to conserve potable
water could include limiting irrigated areas, requiring native plant species and applying
fertilizer and herbicide Best Management Practices to landscaped areas.
The parcel is not located over a Special Groundwater Protection Area or adjacent to, or in
close proximity to wetlands. The total amount of sanitary waste would increase as a result
of constructing 13 units, adversely impacting groundwater quality over time. To mitigate
impacts, the application is proposing to purchase sanitary flow credits and install a I/A
OWTS systems.
This proposal is consistent with the mixed-use character of the hamlet.
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4Page
Based upon the proposal, it is the preliminary opinion of the Planning Board that the
cumulative, short and long term environmental impacts resulting from the proposed
action could be sufficiently mitigated. A more thorough assessment of the potential
adverse impacts will be made if a residential site plan application is submitted for review.
7. Social Impacts
The Change of Zone would result in beneficial social impacts by creating the opportunity
to construct affordable housing on the parcel and offering the units, once constructed, to
eligible people/families listed on the Town of Southold Affordable Housing Registry.
Currently, affordable housing is a critical need within the Town for singles, single
parents, families and seniors. This need is stated as goals and objectives in the Southold
Town Comprehensive Plan.
8. Economic Impacts
The requested Change of Zone and successful completion of 14 units could result-in
beneficial economic impacts by providing affordable housing that would be available to
house and retain the workforce and provide financial stability to singles, single parents,
families and seniors. The close proximity of the project within a commercial center
increases the opportunity for individuals to find employment thereby supporting local
businesses.
9. Consistency with Community Plans
The low inventory of, and need for affordable housing in the Town is discussed in the
Southold Town Comprehensive Plan(2020).
Southold Town Comprehensive Plan
The Southold Town Comprehensive Plan's Economic, Land Use and Housing Chapters
include goals which support the creation of affordable housing.
The Housing Chapter of the plan outlines several challenges to creating affordable
housing in the Town. The first challenge is that the cost of existing housing stock requires
that renters and homeowners pay more than 35% of their gross income on rent and that
very few homes are valued at less than$300,000 in any hamlet(2009 data). The median
household income and the price of homes in the Town reveal that many Town residents
cannot afford a home at today's prices.
A second challenge is that the Town has been a destination for investors, second-
homeowners, and for retirees. This demand for homes has caused prices to significantly
increase, rendering them out of reach for residents. The last challenge is a lack of legal,
"affordable"housing stock to meet the demand.
As you are aware, the Town maintains a"housing registry" for households requesting
housing assistance with home ownership, rental housing, age-restricted housing, etc. The
Town allows anyone whose total household income does not exceed the median income
for Nassau-Suffolk Counties to apply. Currently the housing registry has approximately
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400 individuals and families listed. This high number of registrants identifies the critical
need for affordable housing.
The Town's changing economics and demographics creates a level of difficulty in
achieving affordable housing goals. The recent increase in housing costs fueled by
second home owners and the recent influx of new residents due to the COVID -19
Pandemic has exacerbated the problem.
The proposal is consistent with the Southold Town Comprehensive Plan.
10. Recommendation
As discussed above,while the proposal does not meet the AHD Zoning District's bulk
schedule due to two of the units being larger than 850 sq. ft., there are options to bringing
the plan into compliance. One option is to reduce the size of those two units.
The proposed zone change of the parcel to the AHD Zoning District is supported for the
following reasons:
a. The proposal meets Town goals for affordable housing as identified in the
Economic, Land Use and Housing Chapters of the Southold Town
Comprehensive Plan.
b. The parcel is located in the Southold Hamlet Center.
c. Proposes the re-use of the existing single-family structure and retains the
streetscape.
d. Meets the Town's goal of dispersing affordable housing units throughout the
Town. Note that an affordable housing project has not been constructed in the
Southold Hamlet in the last twenty years.
e. The location is optimal for affordable housing and would provide good access to a
commercial center, public transportation(train and bus),public schools,post
office and other amenities within walking distance.
f. Provides opportunity to create workforce housing in a commercial center which
supports local businesses.
It is recommended that if the proposal is approved, the following conditions are imposed:
1. All units shall be less than 850 sq. ft to comply with AHD zoning.
2. The occupancy of 50 percent of the units (7) are committed to persons
volunteering for a minimum of 3 years in a firematic protection agency or
those employed by emergency and medical facilities within the Town.
Please contact the Planning Department with any questions.
cc: Denis Noncarrow, Government Liaison Officer
William Duffy, Town Attorney
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61Page
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ELIZABETH A.NEVILLE Q Town Hall,53095 Main Road
TOWN CLERK P.O.Box 1179
REGISTRAR OF VITAL STATISTICS Southold,New York 11971
MARRIAGE OFFICER �Q Fax(631) 765-6145
RECORDS MANAGEMENT OFFICER �f ��y Telephone(631) 765-1800
FREEDOM OF INFORMATION OFFICER C�/Ulit�,� southoldtown.northfoik.net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 104 OF 2005
WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD
ON MARCH 1,2005:
WHEREAS there was presented to the Town Board of the Town of Southold, Suffolk County,
New York,on the 18th day of January,2005 a Local Law entitled"A Local Law in relation to
Creation of a Transfer of Development Rights Chapter.87 of the Code of the Town of
Southold", and
WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid•
Local Law on February 15, 2005 at 8:00 p.m. at which time all interested persons were heard,
now therefore be it
RESOLVED that the Town Board of the Town of Southold*hereby enacts the following Local
Law:
LOCAL LAW NO.-2 of 2005
A Local Law in relation to-Creation of a Transfer of Development Rights Chapter 87 of the
Code of the Town of Southold '
SECTION 1. CODE AMENDMENT. 'r
The Town Board hereby creates a new Chapter 87 of the Town Code of the Town of Southold as
follows
Chapter 87-Transfer of Development Rights
§87-1 Purpose and Intent
As set forth in numerous comprehensive plainning documents, the Town's goals include the
preservation of open space, agricultural lands and recreational landscapes; preservation of the
-rural, cultural, and historic character of the hamlets and surrounding countryside;preservation of
the natural environment and prevention of further deterioration of resources;preservation and
promotion of a broad range of housing and business opportunities to support a socio-
economically diverse community; and increased transportation efficiency.
To achieve these goals it is the intent and purpose of this Chapter to provide for the transfer of
Sanitary Flow Credits, and thereby transfer development potential from areas designated for
preservation to areas designated as more appropriate for higher density residential development. ,
Unless expressly permitted herein,the transfer of development potential may not occur in the
Town of Southold.
§87-2 Definitions.
Development Rights-the rights permitted to a lot,parcel, or area of land under a zoning .
ordinance or local law respecting permissible use, area, density,bulk, or height of improvements
executed thereon. Development rights may be calculated and allocated in accordance with such
factors as area,floor area,floor area ratios,density,height limitations or,any other criteria that
will effectively quantify a value for the development right in a reasonable and uniform manner
that will carry out the objectives of this section. A development right includes but is not limited
to a sanitary flow credit.
Sanitary Flow Credit-one of the development rights allocated to a lot or parcel.A Sanitary Flow
Credit is equivalent to a right to develop a single family residential parcel with an individual on-
site sewerage system, or its non-residential waste water flow equivalent. See Suffolk County
Sanitary Code§760-605. (Other approvals will be required prior to development,including
compliance with the Town zoning code.)
Sending District—one or more designated districts or areas of land from which development
rights are designated for transfer and use in one or more receiving districts.
Receiving District---one or more designated districts or areas of land to which development
rights generated from one or more sending districts may be transferred and in which increased
development is permitted to occur by reason of such transfer.
Transfer of Development Rights-the process by which development rights are transferred from,
one lot,parcel, or area of land in any sending district to another lot,parcel,or area of land in one
or more receiving districts.
§87-3. Development Rights Bank
The Town hereby establishes a Transferred Development Rights Funk (Ti)R Bank) in which
development rights may be received, retained and sold by the Town Board in the best interests of
the Town. All development rights transferred into the bank must first be accepted by Town
Board resolution in accordance with the terms of this Chapter. All receipts and proceeds from
sales of development rights sold from the Town bank shall be deposited into a special municipal
r1 t E.
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account known as the Community Preservation Fund,to be used in a manner specified in
Chapter 6 of the Town Code.
A. The only development right that may be transferred into and out of the TDR Bank is,a
sanitary flow credit.
B. The lands from which development rights to be transferred into the bank were acquired shall
remain preserved in perpetuity by a permanent conservation easement or other instrument
that similarly preserves community character as defined and set forth in the definition of
"community preservation"in Chapter 6 of the Town Code.The easement or other document
shall be in a form approved by the Town Attorney.
§87-4 Sanitary Flow Credit Transfer
The Sanitary Flow Credit transfer will allow the Town to bank sanitary flow credits from
preserved land in the TDR Bank, and later sell those credits for use exclusively in connection
with affordable housing. The sale price of the credits shall be determined by resolution of the
Town Board, and shall consider such factors as the appraised value of the sanitary flow credit
and the public benefit provided to the community. All transfers of Sanitary Flow Credits
pursuant to this chapter must pass through the TDR bank.
A. Designation of Sending and Receiving Districts
1. The sending district shall be any zoning district in the Town of Southold that is not
defined as a Receiving District.
2. The receiving district shall be any lands designated Business (B),Hamlet Business(HB),
Residential Office (RO), or land designated as Affordable Housing District(AHD) after
March 1,2005.
B. Designation of Development Rights
1. A development right for the purposes of this chapter shall be limited to a sanitary flow
credit.
§87-5 Determination of Sanitary Flow Credit to be Deposited into the TDR Bank
A. Upon receipt of a contract(executed by the seller) for the Town's acquisition of a parcel of
property or the development rights thereon, and prior to the public hearing on the purchase,
the Land Preservation Coordinator shall provide to the Town Board a calculation of the
sanitary flow credits available, subject to survey, for transfer from the parcel of property
upon the closing of the contract in accordance with its terms.
B. Following the closing on the parcel, sanitary flow credits shall be placed into the Town TDR
Bank by resolution of the Town Board,which resolution shall set forth the number of
sanitary flow credits and the source of the credits. The Town Clerk shall maintain a log
� r �
detailing the credits transferred into the bank,as provided by the Land Preservation
Coordinator in a form approved by the Town Board.
C. The Town Clerk shall forward the resolution to the Tax Assessors Office,the Land
Preservation Department,the Special Projects Coordinator and the Planning Department for
inclusion into the Town database and GIS system.
§87-6 Irreversible Transfer.
No development rights shall be transferred back to the sending parcel once the development
rights have been transferred. No development rights may be transferred out of a parcel which
has previously had all of its development rights extinguished under the Town of Southold,
Suffolk County or New York State acquisition of development rights program or other easement,
transfer,restrictive covenant or otherwise.
§87-7.Procedure for Transfer of a Development Right from the TDR Bank to a Receiving
District.
Upon application of the owner of an individual parcel in a Receiving District,the Town Board
may permit the transfer of a development right to such parcel by,proceeding in the manner set
forth below:
A. Notice to adjacent property owners shall be given by the applicant in the same manner as set
forth in Section 100-292 relating to change of zone applications.
B. The Town Board, before publishing notice for a public hearing, shall comply with all State
Environmental Quality Review Act(SEQRA)requirements and costs associated with review
shall be paid by the applicant.
C. The Town Board,before publishing notice for a public hearing, shall,in a written request,
instruct the Town Planning Board and the Building Inspector to prepare an official report
regarding the proposed transfer,including the Planning Board recommendations.The
Building Inspector report shall certify the use in the zone proposed and comment on the
proposed project. The Planning Board report and recommendations shall consider the factors
set forth in §87-7 E below.
D. The Town Board,by resolution adopted at a stated meeting, shall fix the time and place of a
public hearing on the proposed transfer and cause at least ten(10) days notice of such hearing
to be published in the official newspaper.
E. Before the trausf-,r of developnlcnt rights may be authorized to any Receiving District, the
Town Board shall determine, after evaluating the affects of potential increased development
which is possible under the transfer of development rights provisions, that the district
contains adequate resources, environmental quality and public facilities, including adequate
transportation, water supply, waste disposal and fire protection, and that there will be no
significant environmentally damaging consequences, and that such increased development is
s% v,
compatible with comprehensive planning and the development otherwise permitted by the
Town and by the federal, state and county agencies having jurisdiction to approve
permissible development within the district.
F. Where a transfer of development rights affects districts in two or more school,special
assessment,or tax districts, it may not unreasonably transfer the tax burden between the
taxpayers of such districts.
G. Following the public hearing,the Town Board may by resolution authorize the transfer of
sanitary flow credits. The resolution shall state that the applicant shall receive a Sanitary
Flow Credit Certificate,which shall not be signed by the Supervisor and released by the
Town Clerk to the applicant until the Covenants and Restrictions as set forth at §87-9 have
been filed and such filing has been approved by the Town Attorney.
§87-8.Sanitary Flow Credit Certificate.
A. An applicant must obtain and present a Sanitary Flow Credit Certificate to the Building
Department prior to receiving a Building Permit.
B. The Sanitary Flow Credit Certificate shall state the specific use for the transferred credit and
may be used only for construction of the project listed on the Certificate.
C. The Town Clerk shall maintain a log detailing the Sanitary Flow Credit Certificates that have
been issued by the Town Board, and'such log shall contain the source and location of the
transferred credit.
D. The Town Clerk shall provide notice of the issuance of a Sanitary Flow Credit Certificate to
the Town Attorney,Tax Assessors Office,the Land Preservation Department,the Special
Projects Coordinator and the Planning Department.
§87-9. Covenants and Restrictions
A. Following the-Town Board resolution granting a transfer of a Sanitary Flow Credit to a'
recipient pursuant to the procedures set forth in this Chapter,the applicant shall file in the
office of the Suffolk County Clerk Covenants and Restrictions in a form approved by the
Town Attorney.
a. The Covenants and Restrictions shall contain terms and conditions as the Town Board
and the Planning Board deem necessary to insure that the dwelling unit created by the
transferred credit remains affordable in perpetuity, and shall be leased or sold only to
eligible individuals registered with the Town of Southold Housing Registry. The sale
and/or lease of the dwelling unit that has been constructed with the transferred credit
shall be administered through the Town of Southold pursuant to the provisions of
Chapter 98 (Housing Registry) and §§100-50 through 59 (AHD), and the sale and/or
lease price shall be set by resolution of the Town Board.
1
B. A copy of the filed Covenants and Restrictions must be filed with the Town Clerk within
thirty(30) days of the approving resolution.No Sanitary Flow Credit Certificate shall issue
until the Covenants and Restrictions have been filed and such filing has been approved by the
Town Attorney.
C. The Town Clerk shall forward the Covenants and Restrictions to the Town Attorney, Tax
Assessors Office,the Land Preservation Department,the Special Projects Coordinator and
the Planning Department for inclusion into the Town database.
§87-10 Revocation
Failure to comply with any of the requirements set forth in this section may�result in revocation
of the transferred sanitary flow credit.A sanitary flow credit may be revoked by Town Board
resolution, following a public hearing,after ten(10)days written notice of the hearing by
personal service or certified mail has been given to the property owner.
§87-11.Expiration
Any sanitary flow credit transferred to a recipient for construction of a dwelling unit shall expire
and be returned to the bank one year after transfer if the dwelling unit has not been issued a'
Certificate of Occupancy, unless an extension of time has been requested by the property owner
and granted by the Town Board. A request for an extension of time shall be made one month in
advance of the expiration. A sanitary flow credit shall be returned to the bank by resolution of
the Town Board, and notice thereof shall be given by the Town Clerk to those town departments
referenced in §87-8 D.
§87-12.Return of,Credit
In the B,HB or RO zoning districts, a property owner may apply to the Town Board to return the
transferred sanitary flow credit to the bank and extinguish the affordable housing Covenants and
Restrictions applicable to the property.The Town Board shall hold a public hearing on the
application, and notice shall be given in accordance with Chapter 58. A sanitary flow credit shall
be returned to the bank by'resolution of the Town Board, and notice thereof shall be given by the
Town Clerk to those town departments referenced in §87-8 D.
SECTION II.- SEVERABILITY.
If any clause, sentence,paragraph, section or part of this article shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the
remainder thereof bUt shall be confined in its operation to the clause, sentence,paragraph,
section or part thereof directly involved in the controversy in which sucli judgment shall have
been rendered.
Section III—EFFECTIVE DATE.
This article shall take effect immediately upon filing with the Secretary of State as provided by
law.
Elizabeth A.Neville
Southold Town Clerk
OFFICE LOCATION: MAILING ADDRESS:
v Town Hall Annex ��F SDU P.O. Box 1179
54375 State Route 25 �O� �/yOIO Southold, NY 11971
(cor.Main Rd. &Youngs Ave.)
Southold, NY Telephone: 631 765-1938
www.southoldtownny.gov
L "
PLANNING BOARD OFFICE F E B 1 2 2021
TOWN OF SOUTHOLD
February 9, 2021 Southold Town Clenk
Re: Adoption of Final Scope for the Proposed Site Plan for Strong's Boatyard Buildings
5780 West Mill Road, Mattituck
SCTM#1000-106.-6-10 & 13.4
To Whom It May Concern:
Please find the Final Scope for Strong's Boatyard Buildings adopted by the Planning Board on
February 8, 2021.
If you have any questions, please do not hesitate to call this office at 631-765-1938.
Resp ctfully,
J es H. Rich III
Vice-Chairman
Encl.
cc.
Scott Russell, Southold Town Supervisor
Yvette Aguilar, Riverhead Town Supervisor
Southold Town Clerk for Southold Town Board
Southold Town Zoning Board of Appeals
Southold Town Building Department
Southold Town Engineer
Southold Town Police Department
Southold Town Local Waterfront Revitalization Program Coordinator
Southold Town Highway Department
Southold Tree Committee
Southold Economic Advisory Council
Mattituck Fire District
Suffolk County Department of Public Works
Suffolk County Department of Health Services
Suffolk County Water Authority
Suffolk County Planning Commission
Suffolk County Legislator Albert Krupski
Sheri Archer, New York State Department of Environmental Conservation
Michelle Gibbons, New York State Department of Environmental Conservation
NYS Natural Heritage Program
New York State Department of Transportation
PSEG Long Island/National Grid
Environmental Notice Bulletin
Town Website
Any Interested Party
File
OFFICE LOCATION: MAILING ADDRESS:
Town Hall Annex 0g SO&P P.O.Box 1179
54375 State Route 25 O�� y�l Southold,NY 11971
(cor.Main Rd. &Youngs Ave.) O
Southold,NY' � � Telephone: 631 765-1938
www.southoldtow-nny.gov
Irou
PLANNING BOARD OFFICE '
TOWN OF SOUTHOLD
February 9, 2021
Charles R. Cuddy, Esq.
P.O. Box 15,47 ,,
Riverhead, NY 11901
Re: SEQR Final Scope - Strong's Storage Buildings
3430 Mill Road, Mattituck
SCTM#1000-106.-6-10 & 13.4
Dear Mr. Cuddy:
The following resolution was adopted at a meeting.of the Southold Town Planning
Board on Monday, February 8, 2021:
WHEREAS, this site plan is for the proposed construction of two (2) buildings for boat
storage, one at 52,500 sq. ft. and the other at 49,000 sq. ft., located on 32.6 acres in the
MII and R-80 Zoning Districts where there are 69,245 sq. ft. of existing_b,oatyard
buildings; and
WHEREAS, on February 10, 2020 the Southold Town Planning Board, pursuant to
State Environmental Quality Review Act (SEQRA) 6 NYCRR, Part 617, determined that
the proposed action is'a Type I action pursuant to 617.4(b)(10): Any Unlisted action,
that exceeds 25 percent of any threshold in this section, occurring wholly or partially
within or substantially contiguous to any publicly owned or operated parkland, recreation
area or designated open space, including any site on the Register of National Natural
Landmarks pursuant to 36 CFR Part 62, 1994 [see 617.17]. The physical alteration of
3.74 acres exceeds 25% of the 10 acre threshold listed in 617.4(b)(6); and
WHEREAS, on August 10. 2020 the Southold Town Planning Board declared itself as
Lead Agency and issued a Positive Declaration for the action; and
WHEREAS, on September 11, 2020 the applicant submitted a Draft Scope prepared by
P.W. Grosser Consulting Inc.; and
WHEREAS, pursuant to the Regulations of the State of New York Title 6 Department of
Environmental Conservation Chapter VI General Regulations Part 617 State
Environmental Quality Review the Planning Board held a public hearing on the Draft
Scope on November 2, 2020; and
. r
Strong's Storage Buildings Page 12 February 9, 2021
WHEREAS, on November 16, 2020 the public comments received to date were
discussed at a Planning Board work session; the public comment period was held open
until December 7, 2020 and additional written comments were received; and
WHEREAS, The Planning Board as lead agency included in this Final Scope all
rationale, reasoning, comments and elements necessary to thoroughly analyze all
identified potential adverse environmental impacts of the proposed project; therefore be
it
RESOLVED, that the Southold Town Planning Board adopts the Final Scope for
Strong's Yacht Center Proposed Boat Storage Buildings dated February 8, 2021.
The Final Scope is available on the Town's Website at
http://24.38.28.228:2040/webli nk/0/doc/l 0472671Pagel.aspx
If you have any questions regarding the information contained in this resolution, please
contact the Planning Board Office.
Res ctfully,�� ;
G.M.,�,.
H.
Ja es H. Rich III
Vice Chairman
Encl.
Scott Russell,'Southold Town Supervisor
Yvette Aguilar, Riverhead Town Supervisor
Southold Town Clerk for Southold Town Board
Southold Town Zoning Board of Appeals
Southold Town Building Department
Southold Town Engineer
F
Southold Town Police Department
Southold Town Local Waterfront Revitalization Program Coordinator
Southold Town Highway Department
Southold Tree Committee
Southold Economic Advisory Council
Mattituck Fire District
Suffolk County Department of Public Works
Suffolk County Department of Health Services
Suffolk County Water Authority
Suffolk County Planning Commission
Suffolk County Legislator Albert Krupski
Sheri Aicher, New York State Department of Environmental Conservation
Michelle Gibbons, New York State Department of Environmental Conservation
NYS Natural Heritage Program
New York State Department of Transportation
PSEG Long Island/ National Grid
Environmental Notice Bulletin
Town Website
Any Interested Party
File
Final Scope
DRAFT ENVIRONMENTAL IMPACT STATEMENT
STRONG'S YACHT CENTER—PROPOSED BOAT STORAGE BUILDINGS
3430 MILL ROAD
MATTITUCK,TOWN OF SOUTHOLD,NY
SCTM No.:DISTRICT 1000, SECTION 106,BLOCK 6,LOTS 10 & 13.4
February 8,2021
Introduction
This document is the Final Scope for the Draft Environmental Impact Statement (DEIS) for a site
plan application to the Town of Southold Planning Board that includes the development�of two boat
storage buildings of 52,500 square feet (sq. ft.) and 49,000 sq. ft., along with associated
improvements including water supply, sewage disposal, site grading and drainage, landscaping and
lighting,to support the existing operations of the Strong's Yacht Center. The proposed development
would be situated on a 32.96 -acreparcel located on the west side of Mattituck Creek,which is zoned
Marine II (M-II) and Residential Low-Density A (R-80). All development is proposed to occur on
the portion of the site zoned M-11. The subject property is designated Suffolk County Tax Map
(SCTM)Nos. 1000-106-6-10 and 13.4.
The proposed action is subject to permits and approvals from the Town of Southold Planning Board
(site plan), Town of Southold Trustees (Wetlands Permit), Suffolk County Department of Health
Services (SCDHS) (Water Supply and Sanitary Disposal), and New York State Department of
Environmental Conservation (NYSDEC) (State Pollution Discharge Elimination System [SPDES]
Permit for Stormwater Discharges from Construction Activity). The proposed application has been
reviewed by the NYSDEC and has received an Article 25 (Tidal Wetlands)Permit for select regulated
project components and a Non-Jurisdictional determination for all work landward of the 10-foot
contour, by permit dated January 31, 2020 (Permit ID 1-4738-01843/0028). The permit, however,
was granted prior to the Positive Declaration under SEQRA. The proposed application has been
reviewed by Suffolk County Water Authority (SCWA) and the availability of water has been
determined through an extension of the water main. The Suffolk County Planning Commission
(SCPC) has General Municipal Law planning review authority over the proposed action. Utility
service connections are also required from PSEG Long Island and National Grid.
The proposed application was filed with the Town Building Department on August 27, 2018. A
Notice of Disapproval requiring site plan review before the Town Planning Board was issued on
September 18, 2018. Subsequent to the filing of the application and the Notice of Disapproval, and
at the request of the Town Planning staff, the Applicant attended a work session with the Town
Planning Board on October 15, 2018. The Applicant continued to provide additional project
information in 2018 and 2019.
1
r
Final Scope for Final Environmental Impact Statement
Strong's Yacht Center—Proposed Boat Storage Buildings
Mattituck, Town of Southold, NY
On February 10,2020,the Planning Board classified the action as Type I and commenced coordinated
review with the involved agencies. After review of Part 1 of the Full Environmental Assessment
Form (FEAF) and materials transmitted thereafter, the Planning Board caused to be prepared Part 2
and Part 3/Determination of Significance and identified one or more significant adverse impacts that may
result from the proposed project. On August 10, 2020, a Positive Declaration was issued by the
Planning Board, as lead agency.
To ensure that the DEIS will address all significant issues, in accordance with the New York State
Environmental Quality Review Act (SEQRA) regulations set forth at 6 NYCRR §617.8, formal
scoping is being undertaken. This Final Scope provides a description of the proposed action and the
proposed content for the DEIS, based upon the FEAF Part 2 and FEAF Part 3/Determination
of Significance, as prepared by the Town Planning Board. This Final Scope has been prepared in
accordance with 6 NYCRR §617.8(e) and sets forth the following:
• Brief description of the proposed action;
• Potentially significant adverse impacts;
• Extent and quality of information needed to adequately address potentially significant adverse
impacts;
• Initial identification of mitigation measures; and
• Reasonable alternatives to be considered.
The proposed organization and overall content of the DEIS is also included herein.
Brief Description of the Proposed Project
The proposed action includes the construction of two boat storage buildings of 52,500 SQ. FT. and
49,000 SQ.FT.to support the operations of the Strong's Yacht Center,with associated improvements
including gravel-based driveways and parking areas, water supply, sewage disposal, site grading and
drainage, landscaping and lighting. Also proposed is the removal of a pool and patio.
The Strong's Yacht Center is situated on a 32.96±-acre parcel located south of Old Mill Road and on
the west side of Mattituck Creek on lands zoned M-II (approximately 16.46 acres) and R-80
(approximately 16.5 acres). Prior to its purchase by Strong's in April 2017, the subject site was
known as the Mattituck Inlet Marina and Shipyard which existed as a full-service marina,
maintenance, repair and storage operation for over 60 years. As illustrated on the proposed site
development plans prepared by Young & Young, the subject property is currently comprised of 40
boat slips with associated ramps and fueling and developed with eight buildings to support the
operation of the marina, as well as the sale, maintenance, dockage and storage of boats. The eight
existing buildings include the following:
• Building 1: One-story residence (1,610 SQ. FT.)
• Building 2: Two-story office (2,702 SQ. FT.)
2
` Final Scope for Final Environmental Impact Statement
Strong's Yacht Center—Proposed Boat Storage Buildings
Mattituck, Town of Southold,NY
• Building 3: One-story storage (17,320 SQ. FT.)
• Building 4: One-story storage (169 SQ. FT.)
• Building 5: One-story storage (341 SQ. FT.)
• Building 6: One-story storage (10,766 SQ. FT.)
• Building 7: One-story storage (15,076 SQ. FT.)
• Building 8: One-story storage (22,425 SQ. FT.)
The two proposed buildings would become Building 9 (49,000 SQ. FT.) and Building 10 (52,500 SQ.
FT.). Upon implementation of the proposed action, the total gross floor area of all buildings would
increase from 69,245 SQ. FT. to 171,929 SQ. FT.
The proposed buildings would be situated to the west of Buildings 7 and 8,which would allow direct
access and transport of yachts from the existing lift station to each of the proposed buildings. The
purpose of the proposed action is to provide indoor and heated winter storage for yachts that utilize
local waters in the peak season but are required to be transported to warmer climates in the winter
months due to a lack of adequate storage in the Town of Southold and across the entire east end of
Long Island.Based upon an average yacht size of 60 feet,it is estimated that approximately 88 yachts
could be stored within the proposed buildings during the winter months; all of which would arrive to
the site via Mattituck Inlet (as confirmed by surveys and soundings for the entire Inlet). It is also
expected that maintenance and repair activities for larger vessels would occur on the subject property,
having direct access from the Mattituck Inlet via the existing lift, further supporting a demand of the
existing local boating market.There are approximately 13 full-time staff at the Strong's Yacht Center
and, upon implementation of the proposed action, the Applicant expects to create an additional 15
career positions.
The subject parcel is adjacent to Federal and State-regulated Tidal Wetlands (Mattituck Creek), with
a portion of the site located within a 100-year floodplain (Zone AE: Elevation 8). The proposed
buildings would be constructed in a portion of the site located within a 500-year floodplain(Zone X)
at Elevation 10.0. The proposed action has been reviewed and approved by the NYSDEC by permit
dated January 31,2020,however this permit was granted prior to the proposed action being classified
under SEQRA as a Type I action and receiving a positive declaration from the Lead Agency.
Additional review from the NYSDEC tidal wetlands permitting agency may be required.
Due to significant grade changes on the site, the proposed project will require approximately 134,000
cubic yards of cut for the placement of the proposed buildings at Elevation 10.0. The proposed
excavation plan includes two routes for truck movements and would occur over a projected duration
of approximately seven (7) months based upon loads of 30 cubic yards per truck and six-day work
weeks. An additional six months is projected to complete the proposed project, inclusive of the
retaining wall, infrastructure and two buildings (i.e., total construction duration is 13 months).
The proposed plan includes the installation of a concrete and evergreen retaining wall along the west
side of Buildings 9 and 10 and along the north side of Building 10. which serves to both stabilize the
slope as well as enhance the visual screening of the subject property. The total proposed disturbance
is 3.9± acres; with approximately 493 trees of six-inch diameter or greater proposed for removal.
Final Scope for Final Environmental Impact Statement
Strong's Yacht Center—Proposed Boat Storage Buildings
Mattituck, Town of Southold,NY
As part of the proposed action, one new on-site wastewater treatment system (I/A OWTS) would be
installed and an existing on-site sanitary system would be replaced with an I/A OWTS. The two
systems would be designed to serve the Strong's Yacht Center operations, inclusive of all buildings,
the office and marina. Also proposed is an extension of the water main from Naugles Drive by 765
feet to allow for the site to be served by the public supply system. Upon implementation of the
proposed action,the existing on-site supply well would be available for non-potable use.
Regarding stormwater management, the proposed action includes the installation of on-site leaching
pools, French drains and the use of pervious gravel to accommodate stormwater from the proposed
development. The proposed stormwater management plan is designed to accommodate a two-inch
rain event, in accordance with Town of Southold regulations.
It is noted that in addition to the full-service marina operation, the Strong's Yacht Center currently
hosts six commercial fishing boats, and also supports the Marine Program of the Cornell Cooperative
Extension of Suffolk County, by hosting eight (8) FLUPSYs (Floating Upweller Systems), which
provide protected nurseries for hard clam seed to assist with the NYS Shellfish Restoration Initiative.
None of these activities would be affected by the proposed action.
In order to develop the site as proposed,the following approvals are required:
^`
; s>,
MAM- 4ill
=` .. `
Town of Southold Planning Board Site Plan Review and Approval
Town of Southold Trustees Wetlands Permit
Suffolk County Department of Health Services Wastewater Disposal and Water Supply
Suffolk County Planning Commission Review and Approval
New York State Department of Environmental State Pollutant Discharge Elimination System
Conservation (SPDES) General Permit for Stormwater Discharge
during Construction Activities
Tidal Wetlands Permit and Non-Jurisdictional
Determination (Permit ID 1-4738-01843/0028 dated
January 31, 2020)
Suffolk County Water Authority Extension of Water Main and New Connection
PSEG Long Island/National Grid Electric and Natural Gas service connections
Review temporary road apron, possible curb cut
Town of Southold Highway Superintendent permit required.
Review for archeological significance
NYS Office of Parks, Recreation; and Historic
Preservation
4
Final Scope for Final Environmental Impact Statement
Strong's Yacht Center—Proposed Boat Storage Buildings
Mattituck, Town of Southold,NY
The section of the DEIS entitled Description of the Proposed Action will provide a thorough
description of the existing conditions on the 32.6±-acre subject property and the proposed action.
The Description of the Proposed Action section of the DEIS will specifically include information
relating to the following:
• Project location, setting, land use and zoning (with appropriate maps and aerial photographs).
• Summary of the surrounding land uses and zoning.
• Physical characteristics of the site,including property acreage, site cover types(e.g.,pervious
and impervious areas), and existing structures.
• Project layout and design, including information about the proposed development, zoning
compliance, changes in site cover types, site access and circulation, and parking.
• Infrastructure requirements, including water supply, sanitary waste disposal, drainage, and
utilities.
• Solid waste generation and the proposed plans for on-site minimization and recycling.
• Project objectives and benefits to the community, including a summary of the project's
consistency with the proposed land uses set forth in the Local Waterfront, Revitalization
Program (LWRP).
• Projected construction schedule.
• Required permits and approvals.
Potentially Significant Adverse Impacts
The DEIS will be prepared in accordance with this Final Scope promulgated by the lead agency and
in accordance with 6 NYCRR §617.9(b). Based upon review of the site, architectural plans and
elevations, site plans and the FEAF Part 1 prepared by the Applicant, the Planning Board prepared a
FEAF-Parts 2 and')/Determination of Significance,for the proposed application which indicates that
one or more significant adverse impacts may result from the proposed project. The Planning Board
issued a Positive Declaration on August 10, 2020, specifically identifying as potential moderate to
large impacts to Land, Surface Waters, Groundwater, Flooding, Air, Plants and Animals, Aesthetic
Resources, Noise, and Community Character. The DEIS will fully address the identified potential
significant adverse impacts, as well as other relevant issues. Where the impact analyses conducted in
the DEIS indicate the potential for significant adverse impacts, the DEIS will set forth measures to
mitigate those impacts.
5
Final Scope for Final Environmental Impact Statement
Strong's Yacht Center—Proposed Boat Storage Buildings
Mattituck, Town of Southold, NY
A description of each section of the DEIS is set forth below, followed by a proposed outline for the
DEIS.
Natural Environmental Resources
Impact on Soils and Topography
This section of the DEIS will identify the existing soil type(s) on the subject property, based upon
the Suffolk County Soil Survey and any available test hole data. The grading program will also be
discussed, based upon the required plans and data (e.g., estimates of volumes of soil excavated,
cut/filled, removed from site and maximum depths of cut/fill). The topographic conditions will be
evaluated, and a topographic map will be provided. The existing and proposed changes to slopes will
be included, and stabilization measures will be identified in detail. Construction-related impacts will
also be discussed, including truck trips for soil removal and associated truck routes. Mitigation
measures for soil limitations/constraints, erosion, sedimentation, and dust generation, to the extent
necessary, will be included. See the section on Construction-related impacts for more details. The
DEIS will also:
1. Discuss the types and tested physical characteristics of the soils on site that will be subject to
excavation, future load bearing, and installation of sanitary systems and stormwater
conveyance systems. The location, size, and thickness of any clay or buried peat formations
will be described and mapped.
2. Discuss potential adverse impacts to sea grass and on shellfish from potential sedimentation.
3. Discuss possible mitigation for these potential adverse impacts.
Impact on Water Resources (Groundwater and Surface Waters)
This section of the DEIS will describe the groundwater conditions, including depth to groundwater
and groundwater quality beneath the subject property, based upon relevant documentation. The
Groundwater Management Zone IV (as classified under Article 6 of the SCSC) within which the
subject property is located, and site drainage characteristics will be described. Groundwater flow
direction based upon Suffolk County Groundwater Contour Maps and field study will be identified
and an assessment of the potential impacts to downgradient resources and nearby wells will be
included. The location of private and public wells will also be determined and a study to determine
any impacts this action might have on the quantity and quality of potable water for those wells will
be provided. This section will also include calculations of projected sanitary flow, discussion of the
proposed method of sanitary disposal (i.e., the on-site wastewater treatment systems [I/A OWTS]),
and consistency with Article 6 of the SCSC. The SCDHS Notice of Incomplete Application issued
for the proposed action will also be included and consultations with the SCDHS would be undertaken
as part of the DEIS and described herein. The proposed installation of four, 2,000-gallon liquid
propane aboveground tanks and consistency with Article 12 of the SCSC would be evaluated.
6
Final Scope for Final Environmental Impact Statement
Strong's Yacht Center—Proposed Boat Storage Buildings
Mattttuck, Town of Southold,NY
Groundwater quantity (i.e., water usage)will also be evaluated, including the extension of the public
water supply main to the subject property and the availability of water supply based upon
consultations with the SCWA. The post-development benefits of the water supply main would also
be identified. The impacts to groundwater quantity available to neighboring wells will also be
evaluated based on field studies over four seasons.
The impacts to surface waters would be evaluated, including the appropriateness of the proposed use
given the site's location and existing marina operations. Drainage and post-development stormwater
management measures, and erosion control measures, will also be discussed and evaluated in
accordance with the relevant standards. The surrounding wetlands will be described and the findings
of the NYSDEC will be included. An assessment of the Trustees standards for the issuance of a
Wetlands Permit will also be included. Finally, the effects of climate change as it relates to sea level
rise and flooding will be addressed. Mitigation measures which may reduce potential water quality
or quantity impacts will also be identified, as necessary. The DEIS will also:
1. Analyze and discuss in detail the impacts on private wells in the surrounding area including
technical details on groundwater depth, quality, quantity, freshwater lens, saltwater interface,
amount of flow in GPM,direction of travel, and travel times. Include zones of influence from
each wellhead.
2. Analyze and discuss the effect of excavation on groundwater, as well as any expected impacts
to neighboring wells. Include an analysis on the potential for salt-water intrusion into
neighboring well as a result of the excavation's effect on groundwater in the area.
3. Discuss onsite and nearby tidal wetlands and the NYSDEC's input, ecological communities
in those wetlands and their ecosystem services and values, including contributions to surface
water quality.
4. Discuss the,narrowness of the creek in this area and tidal flow restrictions in an acceptable
model. Include the increase in tidal flow volume and velocity restrictions that could result
from the increase in boats or docks (if any).
5. Discuss possible mitigation for these potential adverse impacts.
Impact on Ecoloj4ical Resources
Environmental studies will be detailed and undertaken over a multi-season period (all four seasons)
to properly assess potential impacts.
This section of the DEIS would address the existing ecological resources on the subject property. As
part of the DEIS, a qualified biologist/ecologist will inspect the site to determine the vegetation,
wildlife, and general habitat character. An inventory of flora and fauna, as observed,will be prepared
and included in this section of the DEIS, and an assessment of the species that could be expected to
utilize the subject site will be performed. Protected native plants, plant and animal species listed as
endangered, threatened, and special concern (or with other protective status), will be identified,
including the noted piping plover, southern sprite, and Eastern box turtle, and suitability of habitat as
roosting or summary foraging habitat for protected New York State and Federally-protected bat
species. An assessment of potential impacts to the contiguous Town of Southold woodland identified
as 25.29 acres to the south (SCTM41000-106-6-20.3) and the adjacent tidal wetlands of Mattituck
Creek will also be performed. Consultations with the New York Natural Heritage Program will be
7
Final Scope for Final Environmental Impact Statement
Strong's Yacht Center—Proposed Boat Storage Buildings
Mattituck, Town of Southold,NY
undertaken for site information. This section of the DEIS will include the quantitative impacts to
habitats as well as a qualitative assessment of the impacts to plants and animal species. Mitigation
measures to reduce potential impacts will be identified. The DEIS will also:
Impact on Plants and Animals
1. Discuss potential adverse impacts to sea grass and on shellfish.
2. Provide a complete description of the ecological communities represented in the forest and
their ecological relationships to those of the adjoining Town-owned preserve. Forests provide
important ecosystem services within their bounds and for the surrounding landscape and
waterways; these ecosystem services will be described. For example,the forest ecosystem of
the subject property, contiguous with forest protected by the Town, is the last relatively large
block of native forest supplying clean groundwater to Mattituck Inlet that has not been
converted to farmland or interrupted by residential and commercial development, with their
attendant sanitary system and stormwater impacts.
3. Discuss the cumulative effect of the elimination of the forest on the subject property on the
total native forest cover in the Town of Southold.Native forest cover in the Town is relatively
rare in comparison with agricultural land and residential/commercial development;remaining
patches are isolated from one another, existing as "islands" in the overall landscape. What
patches do remain are of varying sizes, spatial relationships with wetlands and waterways,
and habitat value.
4. Include a discussion on the potential adverse impacts of net forest loss on wildlife species that
have large home ranges, including birds and bats, and that seek deep forest cover and travel
between forest patches.
5. Provide a complete analysis and discussion on the proposed destruction of the forest on the
slopes,the forest interior exposed and new forest edge,proximity to the boundary of a 25.29-
acre, Town-owned, preserve. Include the following: direct harm to the preserve by reducing
the overall size of the forest and by removing its buffer area trees that had developed in a
high-wind environment; exposure of trees that grew in an environment protected from high
wind to northeast, with attendant potential for: destabilization of root systems and tree throw;
drying of soils; increased light exposure from sunlight and night-time lighting at the storage
facility and marina (effects on plants, as well as insects and wildlife, requiring shade and
moisture); introduction of invasive species to disturbed soils; higher soil temperatures and
effects on seedling growth and forest regeneration; reduction in forest litter because of
convective drying and windblow; result in reduction of nutrients available for plants and
increase in the effects of drought conditions in summer and the depth of freeze events in the
winter; increase in the ratio of forest edge to forest interior that results from decreasing the
overall size of the forest, including impacts of physical damage and biological invasions;
reduction of uninterrupted forest cover on successful nesting of warblers,thrushes, vireos and
other songbirds; reduction or loss of populations of wildlife species requiring the seclusion
offered by forest interiors and those requiring nocturnal conditions without artificial light
intrusion; degradation of habitat because of noise reaching fiirtlnei into the forest, both during
construction and permanently, from traffic and operations at the marina and storage site.
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Final Scope for Final Environmental Impact Statement
Strong's Yacht Center—Proposed Boat Storage Buildings
Mattituck, Town of Southold,NY
6. Evaluate and discuss the need to remove 493 trees and carbon sequestration and if planting of
trees elsewhere can be accomplished to offset tree loss.
7. Assess the action to Mattituck Inlet and the Significant Coastal Fish and Wildlife Habitat
(SCFWH) documentation.
8. Discuss possible mitigation for these potential adverse impacts.
Impact to the Environment
The DEIS will also:
1. Discuss the operations of the site and the overall impact on the environment.
2. Describe the short-and long-term impacts to the ecosystem,biodiversity habitats and the rarity
and significance of Mattituck Creek as an estuary, both from construction activities as well as
from operations. Discuss the impacts to the wetlands on east side of inlet and wildlife (egrets,
osprey and waterfowl).
3. The subject property's relationship to surrounding land uses and location within surface-and
groundwater contributing areas to Mattituck Creek will be described and mapped.
4. Discuss possible mitigation for these potential adverse impacts.
Impact on Flooding
1. Climate Change and Resiliency:
The DEIS will describe the potential adverse impact on the parcel resulting from climate
change and sea level rive. The DESI will:
• Discuss SEQRA's implementing regulations and measures to avoid or reduce impacts
associated with the effects of climate change such as sea level rise and flooding. See
NYCRR:617.9(b)(5)(iii)(1)].Include the potential impacts associated with coastal flooding,
storm events, and rising sea levels. The future physical climate risk due to storm surge
(including sea level rise) and flooding should be considered in project design. The analysis
will specifically analyze the effect of rising groundwater on upland resources. The analysis
will also consider the effects of intensifying precipitation-- including more, seasonal
precipitation and higher rates and more total precipitation during storms-- both during
construction and operation. The action will be assessed-to the following:
■ 2014 CIimAID update (Horton et al. 2014) and the New York State Community
Risk and Resiliency Act (CRRA) SLR projections.
■ Using Natural Measures to Reduce the Risk of Flooding and Erosion Guidance
(NYDEC).
■ Community Risk and Resiliency Act Guidance for Consideration of Flood Risk in
Smart Growth Public Infrastructure Assessment (NYDEC).
■ USGS Groundwater-Flow Modeling - Long Island, New York.
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Final Scope for Final Environmental Impact Statement
Strong's Yacht Center—Proposed Boat Storage Buildings
Mattituck, Town of Southold,NY
2. The relationship of final landscape elevations to the potential for nor'easter and other weather
events to inundate the property during and post construction will be discussed in the DEIS to
fully afford proper review of adverse water quality impacts.
3. The increase in frequency of potential inundation events related to predicted climate change
effects will also be discussed.
4. Discuss possible mitigation for these potential adverse impacts.
Human Resources
Impact on Human Health
1. Provide an analysis on the chemicals stored and disposed on site and the potential adverse
impacts from the increase in volume of chemicals used and stored on site during the proposed
action.
2. Provide NYSDEC regulations related to the storage of chemicals on site.
3. Assess potential impacts to neighboring wells (see section on Water Resources for more
details).
4. Discuss possible mitigation for these potential adverse impacts.
Impact on Transportation
The proposed action could result in a moderate to large adverse impact by significantly increasing
the number of vehicles (including construction and service vehicles) on local and regional
roadways for long durations. Capacity of the roadways may be adversely impacted. The proposed
action will add substantial traffic to the area and due to current road conditions, traffic, and
intersection conditions, the roads may not have the ability to handle it. The level of service (LOS)
at intersections may be adversely impacted.
The design and condition of the roads leading to.the site (route) is a concern. Many areas exhibit
stress cracks on the pavement. The design of the roads and the ability to increase traffic on these
roads,including construction traffic and trucks,is a significant concern. Curves,declines and inclines
exist on the route to the parcel.
Receptors along the route to the parcel may be adversely impacted for long durations. The proposed
action could result in a moderate to large adverse impacts to the public and user groups from the
increase of vehicular traffic on local and regional roads affecting the public's use and enjoyment of
the roads while conducting activities (driving, walking, biking).
The number of truck trips proposed could result in large, adverse impacts to West Mill Road, Cox
Neck Road, Suffolk County Route 48, New York State Route 25, Sound Avenue, Northville
Turnpike, Suffolk County Route 58 and other local and regional roads.
This section of the DEIS will:
1. Provide a comprehensive vehicle traffic study in the DEIS conducted by an traffic engineer of
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Final Scope for Final Environmental Impact Statement
Strong's Yacht Center—Proposed Boat Storage Buildings
Mattituck, Town of Southold, NY
all local and regional roads (include vehicle trips on Cox Neck Lane and West Mill Road) which
includes real time data gathered over four seasons for all phases (including mobilization and
demobilization of resources) of the proposed action: The study shall include: Real time traffic
counts on Cox Neck Lane, West Mill Road, Suffolk County Route 48 and Sound Avenue, and
best available data for NYS Route 25. Include the road capacity, existing number of vehicles
(trucks) using the roadways, types of vehicles and anticipated vehicle trips and times, Level of
Service at intersections, accident data(including data from the Southold Police Department) and
the geometry of the roadways along the proposed truck routes. The traffic study shall include
vehicle trip data sets from the operations of the marina facility and potential impacts from trucks
hauling large boats on local roads. Discuss traffic mitigation including possible limitations on
the trucks per day and limit the number of hours per day, and include how this would affect the
duration of the construction phase. Discuss what temporary traffic signals will be considered.
What traffic control measures will be implemented? Discuss what private resources that will be
required to control traffic.
The traffic study would include, but not be limited to:
• Traffic counts over four seasons.
• Site and area visits for observations of existing traffic movements at various times of the day
and under different conditions.
• Collection of data and evaluations as described above.
• Review of available traffic data from the NYSDOT and the Suffolk County Department of
Public Works.
• Consultations with the Town of Southold Highway Department regarding local roadway
conditions.
• Evaluation of accident data from the NYSDOT and Southold Town Police Department to
determine if there are any existing accident problems and whether construction traffic may
affect the existing accident patterns.
• Review the estimates of traffic anticipated to be generated during the construction of the
proposed development. Determine the make-up of the added traffic and hourly new traffic
volumes to be placed on the existing road system.
• Provide and discuss a vehicle routing plan for all phases of the project (site preparation,
construction and operations after construction). Identify the roads used, speed limits, existing
road condition with photographic representation, all intersections, all school zones,
anticipated traffic levels and traffic chokepoints along a proposed route. Determine the
dimensional characteristics of the road and the existing traffic control provided. Examine
whether the additional construction related traffic can safely be accommodated on the
existing roadways Discuss the suitability of the road capacity. The traffic flow along Cox
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Final Scope for Final Environmental Impact Statement
Strong's Yacht Center—Proposed Boat Storage Buildings
Mattituck, Town of Southold,NY
Neck Lane and West Mill Road and how vehicles will navigate the curves on the roadways.
• Examine the proposed construction access road for the site from the standpoint of location,
design and traffic safety.
• Discuss the potential damage and destruction of local and regional roads by trucks and all
other vehicle types involved in the staging, clearing, excavation, site preparation,
construction and post construction and operations of the facility. Include the aprons at the
access points. Provide all specifications of the loaded and unloaded trucks involved in the
excavation and construction.
• Discuss specific provisions for a performance guarantee to assure appropriate
reclamation/restoration of any areas (including local roadways) that may be required, or in
the event that the project does not come to completion after a specifically defined period of
time.
• Potential mitigation measures to reduce potential impacts will be identified.
2. Evaluate and discuss the duration of potential adverse impacts from all vehicle trip types included
in each phase and post construction, the wear and tear on roadways caused by vehicle types,
quality of life impacts to the community and receptors along the routes including adjacent Towns
where vehicles will be travelling.
3. Discuss the potential increase in trailered vessel traffic and if trucks should be limited to certain
hours, low speeds and the number of trucks per day.
4. Include a roadway user group safety study and analysis in the DEIS during all four seasons on
the use of the roadways (route) by user groups, including potential adverse impacts on
pedestrians walking (with Strollers),jogging, biking and children waiting for the school bus that
will could be adversely impacted by vehicles including loaded trucks. Include an analysis of the
proposed truck route's road width and the capacity to accommodate two vehicles passing at the
same time and location as a pedestrian or cyclist, and whether the roads are currently safe for
such an interaction, including the perceived safety from the perspective of the pedestrian or
cyclist.
5. Discuss the impacts of vibration from loaded trucks on structures along the vehicle route(s).
6. Discuss the effects of excavation and vibration from machinery, heavy equipment and trucks on
structures surrounding the site.
7. Provide a detailed analysis on the potential, long-term adverse impacts to adjacent roadways
(surfaces, condition); surrounding properties, neighborhood(s), and region through the clearing,
excavation, storing and transporting of cleared vegetation, excavated materials and construction
of the site over a multi-month period in multiple phases.
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' Final Scope for Final Environmental Impact Statement
Strong's Yacht Center—Proposed Boat Storage Buildings
Mattituck, Town of Southold,NY
8. Include a discussion about whether using barges to transport materials is a viable alternative for
mitigating impacts from transporting materials associated with the site preparation and
construction of the project.
9. Discuss how streets will be repaired. The DEIS will also address specific provisions for
performance bonding to assure appropriate reclamation/restoration of any areas (including local
roadways) that may be required after excavation, or in the event that the project does not come
to completion after a specifically defined period of time.
10. Provide a comprehensive boat (vessel) traffic study analysis in the DEIS of the potential
moderate to large significant increase of boats to the Mattituck Inlet. Include the existing
conditions analysis and potential adverse impacts on:
a. Boat Characteristics - Include the number of additional new boats added to Mattituck
Inlet, average size of these boats, average draft and maximum draft?
b. Navigation - Provide the depth of inlet from Long Island Sound to the marina.
Navigation suitability of Mattituck Inlet, navigation impediments, narrowness of the
creek in the area to the north west of the marina. Discuss if the project will include
dredging in the future.
c. Tidal marsh — include an assessment on the impacts from current and increase boat
traffic on low and high marsh areas within the creek. Discuss the impact from boat
wakes, emissions and chemicals (bottom paints) on the ecosystem.
d. Water quality—include a discussion on the current and potential adverse moderate to
large impacts to surface water quality in the short and long term (duration). Provide
the NYSDEC shellfish closure areas, types of pollutants occurring in the creek
currently, types of chemicals in marina and vessel maintenance needs in the proposed
construction and operation of the marina facility and mitigation. Include, but not
limited to, dissolved oxygen, clarity, eutrophication, and sustainability for estuarine
and marine life, as well as existing sources of stormwater. The potential for
sedimentation during construction, and resulting, post-construction, long-term
stormwater runoff contributions from the site will be described and quantified.
e. Discuss the washing, fueling of, and operation of boats and potential threats from these
practices of introducing pollutants into the waterway. The impact of potential fuel
spills and cleaning materials spills.
f. Provide the potential growth inducing aspects resulting for the action of a significant
moderate to large increase of large boats using the Mattituck Inlet/Creek. Include the
management of boats on site, staging areas of arriving boats, sufficiency of current
dock, plans for additional docks, any new dock configurations and facility
configuration to accommodate vessels, sufficiency of dimensions of travel lifts to haul
boats, and other anticipated impacts on the waterway to user groups. User groups
include boats of all, sizes, manual and engine powered, kayaks, paddleboarders,
swimmers and commercial fisherman.
g. Include hours of operation, particularly of heavy machinery. During the hauling and
launching season the hours of operation of the travel lift. Other boat moving machinery
and cleaning apparatus. Identify additional equipment needed to haul-out, put-in,
transport, service and store boats.
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Final Scope for Final Environmental Impact Statement
Strong's Yacht Center—Proposed Boat Storage Buildings
Mattituck, Town of Southold, NY
h. Provide an assessment of all boat support services in the area including the availability
of functioning pump out boats and stations. How does the marina handle sanitary and
solid waste in boats? What advisories does or will the marina provide to boaters on
pollutants (coliform bacteria) capable of entering the waterway. How will the disposal
of solid and sanitary waste be prevented in the waterway?
i. Discuss the impact of increased boat traffic due to the expanded activities including
devising a methodology to police and monitor the water quality.
j. Discuss possible mitigation for these potential adverse impacts.
Impact on Aesthetic Resources
If constructed the subject proposal may significantly alter the shoreline and community character of
Mattituck Inlet environs and this potential impact must be fully evaluated. The proposed action is of
scale and dimension that will be visible from publicly accessible scenic resources (Mattituck Creek)
by operators of vessels using the waterway during seasonal use resulting in a potential moderate
impact to scenic enjoyment of the waterway. Note that Mattituck Creek is a Federal waterway. The
proposed action could result in a moderate to large adverse impact to the aesthetic resource
(Mattituck Creek) through the diminishment of public enjoyment by users and members of the
community under different circumstances and activities in a location that also has an important role
in recreation and tourism economy.Both are important and changes to scenic and aesthetic resources
may have adverse impacts on both the quality of life of residents and broader economic impacts.
This section of the DEIS will describe the existing viewshed and general consistency or compatibility
with existing elements of the community. As part of the assessment of impacts on visual resources,
3D computer-generated imagery would be provided to depict post-development viewshed changes
from Mattituck Creek and the adjacent roadway. The proposed buildings and cement and evergreen
retaining wall, as well as the site and building lighting, would be described. The impacts to the
community character as it relates to changes to the existing natural landscape with the proposed
development would be evaluated. The impacts to community character as it relates to the viewshed
from waterway (Mattituck Creek) will be evaluated and the project's consistency with the proposed
use of land as set forth in approved LWRP, will be discussed. Measures to mitigate impacts will be
identified, as appropriate. The DEIS will:
1. Provide a detailed visual impact analysis for the action, including (dimensional relief and
color of site structures existing and proposed) identification of the project's zone of visual
influence (ZVI), identification of sensitive receptors (scenic views including views from
Mattituck Creeks, outdoor recreation facilities, historic properties, etc.) within that zone, and
viewshed analyses to determine if and how sensitive receptors would be affected. Computer-
generated imagery for viewshed changes should not be limited to views from Mattituck Creek
and the adjacent roadway.
2. Include detailed visual renderings of the proposed action, and alternative actions, to reflect
how the development would be viewed from the waters of Mattituck Inlet, as well as any
surrounding residential development.
3. Include a visual rendering of a typical yacht to be stored in the building as it would appear
traveling south down the creek towards the marina from the perspective of a person in a
kayak on the creek headed north.
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Final Scope for Final Environmental Impact Statement
Strong's Yacht Center—Proposed Boat Storage Buildings
Mattituck, Town of Southold,NY
4. Possible mitigation for adverse impacts.
Impact to Community Character
The proposed action could result in an irreversible, adverse impacts to existing community character
(physical alteration on site over a multi-year period, large building size and noise) and from the
intensity of the proposed operations near residences. Adverse impacts could occur to the community
from the construction timeframe in increased intensity and long duration. The DEIS will discuss and
analyze:
1. How the proposed action conforms to the town's community character priority (as stated in
the Comprehensive Plan Update), which is to "protect its scenic resources.
2. The historic and rural character of this section of Mattituck Inlet defined by in part by the
presence of the steeply sloped, thickly vegetated forest on and adjoining the site.
3. The potential permanent and irreversible adverse impacts on neighborhood character related
to destruction of the forest on the slopes of the subject property.
4. The potential adverse impacts of introducing big-box storage facilities on the neighborhood
character surrounding the site, the areas facing the site from across Mattituck Inlet, and the
character of the general area traversed by boaters using the inlet should be presented and
given thorough analysis.
5. The aesthetic impacts of removing native forest and hillside upon the bucolic setting of the
site.
6. The potential adverse impacts from Transportation on community character (see above).
Impact on Open Space and Recreation
The proposed action could result in a moderate to large adverse impact and significantly interfere
with nesting/breeding, foraging or overwintering habitat by removing 3.94 acres of vegetation,
including the removal of important habitat features such as dead trees used for nesting and cover.
This habitat area is connected to a 25.29 acre parcel with similar habitat that is protected by the Town
of Southold (SCTM# 106-6-20.3) to the south. This woodland assemblage comprises the largest
undeveloped acreage in the Mattituck Creek watershed. Other areas of woodland to the south and to
the west on the R-80 zoned portion of the parcel may also be affected. The DEIS will discuss and
analyze:
1. Discuss the potential adverse impacts to the Town owned preserved property, the
deforestation and impacts to the user groups of the property including hikers.
2. Analyze the adverse impacts related to noise, changes in view-sheds, the effect on wildlife,
and alteration of a sense of place from this project on the public's enjoyment of the Town
owned preserved property during all phases of the action.
3. Discuss the impacts of the increased large vessel traffic in the inlet, and its effects on small
local vessels, kayaks, and paddle boarders attempting to navigate the narrow creek.
4. Potential mitigation for adverse impacts.
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Final Scope for Final Environmental Impact Statement
Strong's Yacht Center—Proposed Boat Storage Buildings
Mattituck, Town of Southold, NY
Impact from Noise
The proposed action could result in a moderate to large adverse impact from excessive noise levels
during multiple phases over long duration. Noise associated with the operation of heavy equipment
and trucks includes but is not limited to; engine noise, noise from moving and backing up heavy
equipment (reversal warning sound) and the operation, accelerating and deceleration and Jake
braking of trucks on site and on roadways. Similarly, operation of chain-saws and wood chippers for
long durations may generate large, adverse noise impacts to receptors in the neighborhood. The
DEIS will include, discuss and analyze the following:
1. A comprehensive noise study. Include in the assessment existing ambient noise levels,noise
produced by all phases of the project,the sources of the noise, and including hours, duration,
decibel level both at the source and at the receptor sites (e.g., the outdoor spaces of
neighbors' properties such as decks or back yards), and impact on tranquility for residents
within hearing range,as well as wildlife.Discuss the duration of each type of noise expected.
Include an evaluation of cumulative noise generation where multiple machines/activities
might be running simultaneously. Include protocols for monitoring of the noise level during
construction and during operations and include how noise will be attenuated or mitigated.
2. Analyze and discuss the potential significant adverse impacts from noise on the quality of
life and to public health resulting from all phases of site work and construction over long
durations over a multi-month period.
3. Include the potential adverse impacts from noise on receptors and wildlife generated by the
operation of machinery, heavy equipment and trucks both on-site and off-site as they travel
through neighborhoods and the region including:
➢ Noise from the operation of machines, heavy equipment and truck engines
moving and backing up (reversal warning sound), accelerating and deceleration.
➢ Noise from Jake braking of trucks on roadways.
➢ Noise from the operation of chain-saws and wood chippers for long periods and
potential large, adverse impacts to receptors in the neighborhood and wildlife.
➢ Noise generated by each alternative.
4. Clarify whether or not blasting will be conducted.
5. Discuss the adverse impacts on the quality of life from the noise generated from the action
and what mitigation is proposed to lessen adverse impacts.
Impact on Air Quality
The proposal involves the operation of heavy machinery and trucks on and off site over a long
duration of time that could result in moderate adverse impacts to local air quality.
This section of the document will address mobile source impacts (i.e., those related to construction
activity)and post-development impacts to biomass as a result of the proposed land clearing activities.
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Final Scope for Final Environmental Impact Statement
Strong's Yacht Center—Proposed Boat Storage Buildings
Mattituck, Town of Southold,NY
An air quality assessment will be performed and appended to the DEIS and summarized in the body
of the text. The air quality assessment would include the following:
➢ Mobile Sources - The latest version of the Motor Vehicle Emission Simulator
(MOVES2014b), developed by the USEPA Office of Transportation and Air Quality,will be
used to estimate emissions associated with off-road and on-road mobile engines. If available,
emission factors will be obtained from the NYSDEC or NYSDOT MOVES specific data for
the County of Suffolk, otherwise national average emission factors in MOVES for Suffolk
County using default distribution assumptions will be used.Mitigation measures,as required,
will also be identified.
➢ Off-Road Mobile Equipment - Activity levels (i.e. hours of operation) of each piece of
equipment will be estimated based on the square footage of the construction area and the
associated activity type.The activity levels represent the total number of hours each piece
of equipment is anticipated to be used for the duration of the project. Operating hours
will be based on the projects need for the equipment rather than assuming continuous
operation. It is assumed that all off-road equipment will operate on diesel fuel. Off-road
mobile equipment emission rates for criteria pollutants will be computed and compared
with USEPA National Ambient Air Quality Standards (NAAQS). Emission rates for
hazardous air pollutants (HAPs) will be computed and compared to New York State
Department of Environmental Conservation DAR-1 Guidelines for the Evaluation and
Control of Ambient Air Contaminants Under Part 212.
➢ On-Road Mobile Vehicles - Vehicle miles traveled (VMT) data for each on-road
construction vehicle and employee trips will be estimated from roundtrip distances and
the number of vehicles and employees based on the activity specific construction
schedule. It is assumed that all on-road equipment will use either gasoline or diesel fuel.
Typical vehicle types will be passenger car, passenger truck, single unit short-haul, and
commercial short-haul. The emission rates for criteria pollutants on-road construction
vehicles will be computed and compared to USEPA National Ambient Air Quality
Standards (NAAQS). Emission rates for hazardous air pollutants (HAPs) will be
computed and compared to New York State Department of Environmental Conservation
DAR-1 Guidelines for the Evaluation and Control of Ambient Air Contaminants Under
Part 212.
Provide air quality analysis for boat traffic.
➢ Fugitive Dust - Fugitive dust emissions (particulate matter or PM) from site preparation,
land clearing, equipment movement on unpaved areas, material handling will be
calculated utilizing USEPA published emission factors (USEPA, Air Emission Factors
and Quantification, AP-42: Compilation of Air Pollutant Emission Factors). Erosion
control measures and water programs to minimize fugitive dust and particulate emissions
at construction sites will be considered in the analysis. Estimated emission rates for
particulate matter (PM) will be computed and compared to USEPA National Ambient
Air Quality Standards (NAAQS) for PM2.5 and PM 10.
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Final Scope for Final Environmental Impact Statement
Strong's Yacht Center—Proposed Boat Storage Buildings
Mattituck, Town of Southold,NY
➢ Carbon Sequestering — The proposal also involves the removal 3.94 acres of soil and
vegetation including 493+ hardwood trees contributing to carbon sequestering. Carbon
sequestration is the process by which atmospheric carbon dioxide is taken up by trees,
grasses, and other plants through photosynthesis and stored as carbon in biomass(trunks,
branches, foliage, and roots) and soils. The oak is the genus with the most carbon-
absorbing capabilities, there are other notable deciduous trees that sequester carbon as
well.
Carbon sequestering estimates will be determined utilizing published sources, including
but not limited to:USEPA, Office of Atmospheric Programs, Greenhouse Gas Mitigation
in U.S.Forestry and Agriculture carbon sequestering factors;U.S.Department of Energy,
Energy Information Administration, Method for Calculating Carbon Sequestration by
Trees in Urban and Suburban Settings; and/or 2006 Intergovernmental Panel on Climate
Change (IPCC) Guidelines for National Greenhouse Gas Inventories. Sources will be
dependent on the most up to date and appropriate specific to the types of vegetation/soil
conditions and the classification of the area to be cleared. Soil types will be identified
from soil boring logs and published data through the USDA Suffolk County Soil Survey.
Construction-Related Impacts
This section will address the construction-related impacts related to vegetation and material removal,
site preparation, and construction activities. The proposed excavation plan will be presented, and the
impacts associated with noise, traffic and land disturbance activities (e.g., dust) will be assessed.
Measures to mitigate impacts will be identified, as appropriate. The DEIS will:
1. Identify specific materials e.g., excavated materials, vegetation, concrete and building
materials.
2. Discuss the potential adverse impacts from water line and natural gas extensions on public
roads.
3. Discuss why the project is necessary as proposed.
4. Discuss why this parcel is suitable for this project. This project will require large amount of
forest, slope and soil removal.
5. Discuss why the construction of the buildings requires the need to excavate 134,921 CY of
soil and why the buildings cannot be constructed without excavation.
6. Clarify if the cubic yard calculation of soil to be excavated from the site includes a "swell"
factor.
7. Discuss why the length of construction is necessary (13 months).
8. Discuss how the R-80 zoned portion of the parcel will be affected by the proposed action.
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Final Scope for Final Environmental Impact Statement
Strong's Yacht Center—Proposed Boat Storage Buildings
Mattituck, Town of Southold,NY
9. Provide a complete evaluation of impacts associated with all proposed mining, erosion,
materials transport (including roadway impacts and impacts on nearby residential
development), materials storage, materials sales, materials processing, vehicle operations,
and habitat destruction. The proposed action requires an extensive amount of excavation,
which will ultimately result in significant off-site transport of sands and gravels extracted
from the site.
10. Assess the noise from all stages of site preparation and construction as described in more
detail in the Noise section above.
11. Describe in detail the process by which the temporary road will be constructed and the
impacts that will result including but not limited to noise, vibration, vegetation and soil
removal, and tree removal.
12. Discuss the potential of slope failure and effect of excavation and ground vibration from the
operation of machinery, heavy equipment and trucks on existing neighboring structures.
13. Discuss the potential of destabilization of adjacent properties and impacts from vibration and
excavation on adjacent properties, the impact of timing in between each phase, the threat of
catastrophic soil loss and erosion if there is a pause in the project schedule due to weather or
other event, and the future maintenance, type of construction, inspection schedules and
monitoring for defects of the retaining wall. The potential catastrophic failure of the retaining
wall, in whole or in part and effect on adjacent properties.
14. Address growth inducing actions and if there will be a future request to develop the property
and/or increase the size of the marina/docks as a result of this proposed project. And if the
marina and docks will be expanded as a result of this proposed project, discuss whether or
not that would constitute the segmentation of the SEQRA review if that expansion is not
included in this review.
15. Discuss the potential need to increase the boat storage capacity of the current site and for a
future travel lift, boat staging, in water docking and the impact on adjacent wetlands.
16. Discuss if the excavated material can be removed by barge through Mattituck Inlet for off-
site disposal.
17. Discuss how the unexpected site conditions, weather,pandemic, and work flow and schedule
changes will be addressed to not impact the community?
18. Provide a complete evaluation of impacts associated with all proposed mining, erosion,
materials transport (including roadway impacts and impacts on nearby residential
development), materials storage, materials sales, materials processing, vehicle operations,
and habitat destruction.
19. Discuss alternative plans for disposal of any excavated material that cannot be sold, and
provide an evaluation of any disposal sites, other than commercially-operated sites
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Final Scope for Final Environmental Impact Statement
Strong's Yacht Center—Proposed Boat Storage Buildings
Mattituck, Town of Southold,NY
specifically designed to receive fill. Identify the off-site disposal location.
20. Include a plan for specifically targeted and carefully undertaken soil borings to inform an
excavation plan that is designed to prevent catastrophic mass soil movement and soil
slumping. The DEIS will not rely solely on published soil surveys or soil borings performed
by others for a project involving excavation of 134,000CY of a forested hill's soil, especially
one adjoining a waterway. Without specifically targeted and carefully undertaken soil
borings to inform an excavation plan, the potential exists for a catastrophic mass soil
movement event during, or subsequent to, disturbance of the steep slopes by heavy
equipment. The proposed excavation could cause sudden faulting and structural disturbances
associated with the slope and soil slumping to the immediately adjoining and steeply sloped
preserve, as well as cause sedimentation in the waterway. Sedimentation can have a
devastating effect on the estuarine life in the inlet because of rapid burial and destruction of
benthic organisms, such as shellfish or crustacea.
21. Discuss the effect of precipitation on the re-established steep slope with regard to potential
exacerbation of soil movement. It also will show the new retaining structure can adequately
support the final slope and resulting hydrostatic pressure behind the wall.
22. Mitigation of potential adverse impacts.
Consistency with Community Plans and Studies
In 2020, the Town adopted The Southold Comprehensive Plan, the proposed project will be assessed
to the goals and objectives of this plan and others. The DEIS will:
1. Include a section focused on the consistency between the proposed action (and alternative
actions), and the relevant goals, objectives, and standards of existing planning, land use and
policy documents relevant to the subject site and its surroundings.
2. An in-depth analysis of the action on the following policy and planning documents,
legislation, and implementing rules and regulations:
o Southold Town Comprehensive Plan
■ Natural Resources and Environment
■ Community Character
■ Land Use and Zoning (Marine Zoning Update)
■ Natural Hazards
■ Economic Development
■ Transportation and Infrastructure
o Town of Southold Local Waterfront Revitalization Plan & Policies
o State and local wetlands protection laws
o The Mattituck Watershed Management Plan
20
Final Scope for Final Environmental Impact Statement
Strong's Yacht Center—Proposed Boat Storage Buildings
Mattituck, Town of Southold,NY
o "NYSDEC Environmental Resource Mapper" -with respect to wildlife evaluation
o NYSDOS Coastal Significant Fish and Wildlife Habitat designations (Mattituck Inlet)
o Articles 6,7 and 12 of the Suffolk County Sanitary Code
0 2019 Suffolk County Special Grand Jury Report: Illegal Dumping & Mining, Suffolk
County
Impacts on Archeological and Cultural Resources
The parcel is located within an area with historic use and buildings. The DEIS will discuss the
following potential, adverse impacts to archeological and cultural resources from the action. The
DEIS will:
1. Discuss the project's potential impacts to historic and archeological resources.
a. Part 11 of the Full EAF for the project indicates that the project is not adjacent to a historic
or archeological site. However,NYSDEC guidance on how to prepare the EAF notes that
in preparing responses in this section of the EAF one must ask "Does the project site
contain, or is it contiguous with, a known archaeological site, even though it may not be
included on the NY SHPO inventory?" As no archeological survey of the project area has
been made it is not possible to answer this question in the negative.
b. Although NYS OPRHP's Cultural Resources Information System (CRIS) does not identify
the project area as archeologically sensitive, this should not be construed as meaning that
the area does not have the potential to contain potentially significant archeological
resources. CRIS relies on the prior identification of archeological sites in proximity to a
given area to evaluate sensitivity. CRIS's archeologically sensitive GIS layer specifically
states: "Note that locations outside of the buffer areas may also be archaeologically
sensitive."In the case of the project area the failure to identify it as "sensitive" is a reflection
of the total lack of prior archeological surveys in the immediate vicinity of the project. The
project area's location on high ground adjacent to Mattituck Creek (believed to be part of a
principal portage route used by Native Americans to travel from the North to South shores
of Long Island), suggests that evidence of Native American occupation could be present.
c. There are three unevaluated structures listed in CRIS within approximately 1000 feet of the
project area. Include an evaluation as to if and how these structures may be visually or
otherwise (noise, vibration during construction) affected by the project and, if potentially
affected, if they satisfy the eligibility criteria for the State Register of Historic Places.
Other Required Sections
Social and Economic Impacts
1. Describe the public benefit to the community.
2. Economy
a. Provide a full economic analysis/study of the positive and negative impacts on the
community and economy from the action, include the short- and long-term impacts and the
21
Final Scope for Final Environmental Impact Statement
Strong's Yacht Center—Proposed Boat Storage Buildings
Mattituck, Town of Southold,NY
viability of the commercial use. The number of jobs created (full-time and part time).
Include the current levels of employment by Strong's at the site and employment that would
be generated by job description, salary benefit levels, etc. Assess the impact of additional
employees.
b. Discuss the claimed benefit to the local economy. It should include data about stored boat
ownership and where the boat is docked during the season.
3. Threat to Public Safety: Fire
The DEIS will discuss the threat of fire and explosion on site from all ignitable sources.
Include the evaluation of potential fire hazards, and if the Mattituck Fire Department is
adequately equipped to respond to a fire at the site. This is of special concern given the size
of the structures and the combustibles within the stored boats.
Use and Conservation of Energy - This section of the DEIS will describe the proposed energy
sources, expected levels of consumption and means to reduce consumption. Consultations with the
service providers (PSEG LI and National Grid) will be undertaken and the findings and
recommendations of these providers will be included.
Unavoidable Adverse Effects - This section enumerates those short and long-term impacts that
cannot be mitigated.
Irretrievable and Irreversible Commitment of Resources — This section includes a brief
discussion of natural resources consumed as a result of project implementation. The discussion
should include the irreversible impacts from excavation of sand, deforestation, on the Town owned
preserve.
Include a discussion on the irreversible adverse short and long-term impacts on community character
resulting from the potential degradation of the quality of life.
Growth-Inducing Aspects - The potential growth-inducing aspects of the project will be presented
in this section. (See above)
Extent and Ouality of Information Existing, and Needed
To conduct the analyses of potential adverse impacts, available information will be collected and
reviewed, and empirical information will be developed. While it is not possible to determine all
information sources to be used, the following represent sources/research that have been preliminarily
identified as necessary to perform the required analyses in the DEIS.
Impact on Soils and Topography
• USDA, Suffolk County Soil Survey
• USGS Topographic Map
• Proposed Site Development Plans
22
• Final Scope for Final Environmental Impact Statement
Strong's Yacht Center—Proposed Boat Storage Buildings
Mattituck, Town of Southold,NY
• Proposed Erosion and Sedimentation Control Plan
• . Soil Boring Logs
• Cut/Fill Estimates
• Soil borings performed on site to inform the excavation
Impact on Water Resources
• Southold Town Comprehensive Plan (2020)
• Town of Southold Local Waterfront Revitalization Plan& Policies
• Water quality assessment of current conditions in Mattituck Inlet over all four seasons
(applicant generated)
• Water/Tidal flow modelling/study in front of the Marina including docks and boats_(applicant
generated)
• Study the groundwater supply to determine any impacts to neighboring wells on quality and
quantity of groundwater as a result of this action(applicant generated)
• USGS Water Table map and monitoring well data, as available
• Suffolk County Groundwater Contour Maps
• Mattituck Inlet Surveys with Soundings
• Relevant plans, standards and regulations, including the SCDHS Suffolk County Sanitary
Code, New York Standards and Specifications for Erosion and Sediment Control, New York
State Stormwater Management Design Manual, and the Suffolk County Comprehensive Water
Resources Management Plan.
• NYSDEC Freshwater and Tidal Wetland maps
• NYSDEC Letter of Non-Jurisdiction
• U.S. Fish and Wildlife Service—National Wetlands Inventory
• Federal Emergency Management Agency (FEMA) Flood Insurance Rate Maps
• Chapter 236 (Stormwater Management) of the Town Code
Impact on Ecological Resources
• Southold Town Comprehensive Plan (2020)
• Town of Southold Local Waterfront Revitalization Plan & Policies
• Correspondence with the New York Natural Heritage Program
• Field investigations
• Published material regarding the potential presence of protected native plants, plant and
animal species listed as endangered, threatened, and/or special concern (or with other
protective status) and significant habitat areas on or in the vicinity of the project site
• Ecological Communities Map
• Ecological Inventory of Site for Observed Plants and ecological communities and
observed/expected wildlife
• Tree Removal Plan updated with Tree Species, as identified during field visits
• State and local wetlands protection laws
• The Mattituck Watershed Management Plan
• NYSDEC Environmental Resource Mapper" - with respect to wildlife evaluation
23
Final Scope for Final Environmental Impact Statement
Strong's Yacht Center—Proposed Boat Storage Buildings
Mattituck, Town of Southold, NY
• NYSDOS Coastal Significant Fish and Wildlife Habitat designations (Mattituck Inlet)
• Articles 6,7 and 12 of the Suffolk County Sanitary Code
• 2019 Suffolk County Special Grand Jury Report: Illegal Dumping & Mining, Suffolk County
Impact on Transportation
• Southold Town Comprehensive Plan (2020)
• Four season Traffic Study analyzing real-time data (applicant generated) and including the
construction phase as well as the operations of the completed site.
• Four season roadway user group study (applicant generated)
• Regional and local vehicle routing study and plan (applicant generated)
• Four season comprehensive boat (vessel) traffic study (applicant generated)
• Most-recent three-year accident data, as published by NYSDOT and accident data from the
Southold Police Department if more recent or more detailed than that available from the
NYSDOT
• The Institute of Transportation Engineers, Trip Generation Manual, 10th Edition
• The Institute of Transportation Engineers, Parking Generation Manual, 5th Edition
• Highway Capacity Manual, latest edition
• Consultations and/or review of available information from the Town of Southold Highway
Department,NYSDOT and SCDPW
Impact on Aesthetic Resources and Community Character
• Southold Town Comprehensive Plan (2020)
• Town of Southold Local Waterfront Revitalization Plan & Policies
• Visual Impact Study that includes computer-generated imagery for viewshed changes from
Mattituck Creek and adjacent roadways (Applicant generated)
• Architectural plans and elevations
• Site and area inspections
• Chapter 172 (Lighting, Outdoor) of the Town Code
Impact on Air Quality
• Southold Town Comprehensive Plan (2020)
• Town of Southold Local Waterfront Revitalization Plan & Policies
• Motor Vehicle Emission Simulator (MOVES2014b)
• Published emission factors from NYSDOT,NYSDEC or USEPA
• Construction schedule, with projected truck and equipment types
• USEPA, Air Emission Factors and Quantification, AP-42: Compilation of Air Pollutant
Emission Factors
• Carbon sequestering estimates to be based on published sources, including but not limited to
USEPA, Office of Atmospheric Programs, Greenhouse Gas Mitigation in U.S. Forestry and
Agriculture carbon sequestering factors; U.S. Department of Energy, Energy Information
Administration, Method for Calculating Carbon Sequestration by Trees in Urban and
24
• Final Scope for Final Environmental Impact Statement
Strong's Yacht Center—Proposed Boat Storage Buildings
Mattituck, Town of Southold, NY
Suburban Settings; and/or 2006 Intergovernmental Panel on Climate Change (IPCC)
Guidelines for National Greenhouse Gas Inventories.
• Tree Survey and Tree Identification, as provided by Land Use Ecological Services, Inc.
• Code of Federal Regulations — Title 40, Part 50, National Ambient Air Quality Standards
(NAAQS).
• New York State Department of Environmental Conservation: DAR-1 Guidance (August
2016).
Impact from Noise
• Southold Town Comprehensive Plan (2020)
• Town of Southold Local Waterfront Revitalization Plan & Policies-
• Comprehensive Noise Study (Applicant Generated)
• Chapter 180 Noise of the Southold Town Code
Impact on Archeological and Cultural Resources
• Southold Town Comprehensive Plan (2020)
• Town of Southold Local Waterfront Revitalization Plan & Policies
• Cultural Resource Survey including NYS CRIS system findings.
• Consultation with the NYS Office of Parks, Recreation and Historic Preservation office.
Social and Economic Impacts
• Southold Town Comprehensive Plan (2020)
• Comprehensive Social and Economic Impact Study on the Community and Town (Applicant
Generated)
Construction-Related Impacts
• Proposed Site Development Plans
• Proposed Excavation Plan, including soil borings to evaluate and inform the plan
• Proposed Construction Schedule
• Traffic Study, User Group Study and Routing Plan (see above)
• Chapter 180 (Noise) of the Town Code
Initial Identification of Mitigation Measures
As the DEIS analyses have not yet been conducted, no specific mitigation measures have yet been
developed. Nonetheless, where the impact analyses conducted in the DEIS indicate the potential foi-
significant adverse impacts, the DEIS will set forth measures to mitigate those impacts within the
topic sections, as presented herein.
25
Final Scope for Final Environmental Impact Statement
Strong's Yacht Center—Proposed Boat Storage Buildings
Mattituck, Town of Southold,NY
Reasonable Alternatives to Be Considered
Pursuant to 6 NYCRR Part 617, the DEIS must contain a description and evaluation of reasonable
alternatives to the proposed action that are feasible, considering the objectives and capabilities of the
project sponsor. This DEIS will analyze the impacts of the following alternatives and compare
(quantitatively and qualitatively) these impacts to those associated with implementation of the
proposed action, based upon the specific issues outlined above:
1. No-Action (site remains as it currently exists).
2. Alternative Material Removal Plan — This alternative is intended to mitigate the impacts
associated with the removal of material via trucks over local roadways and will include the
barging of cleared vegetation including trees, stumps and excavated materials.
3. Constructing the project on another site.
4. Constructing the proposed storage buildings without the need for excavation.
5. Constructing smaller building(s) with less excavation.
6. The reconfiguration or reconstruction of existing buildings on-site for larger boat storage.
Proposed Organization and Overall Content of the DEIS
The DEIS will conform with the basic content requirements as contained in 6 NYCRR Part 617.9
(b)(3). The proposed outline of the DEIS is as follows:
Executive Summary
1.0 Description of the Proposed Action
1.1 Project Location and Site Conditions
1.2 Project Design and Layout
1.3 Project Objectives and Benefits
1.4 Construction and Operations
1.5 Required Permits and Approvals
2.0 Natural Environmental Resources
2.1 Impact on Soils and Topography
2.1.1 Existing Conditions
2.1.2 Potential Impacts Analysis
2.1.3) Proposed Mitigation
2.2 Impact on Water Resources
2.2.1 Existing Conditions
2.2.2 Potential Impacts Analysis
2.2.3 Proposed Mitigation
2.3 Impact on Ecological Resources
2.3.1 Existing Conditions
2.3.2 Potential Impacts Analysis
2.3.3 Proposed Mitigation
26
i
v Final Scope for Final Environmental Impact Statement
Strong's Yacht Center—Proposed Boat Storage Buildings
Mattituck, Town of Southold, NY
2.4 Impact on Plants and Animals
2.4.1 Existing Conditions
2.4.2 Potential Impacts Analysis
2.4.3 Proposed Mitigation {
2.5 Impact to the Environment
2.5.1 Existing Conditions
2.5.2 Potential Impacts Analysis
2.5.3 Proposed Mitigation
2.6 Impact on Flooding
2.6.2 Existing Conditions
2.6.3 Potential Impacts Analysis
2.6.4 Proposed Mitigation
3.0 Human Environmental Resources
3.1 Impact on Human Health
3.1.1 Existing Conditions
3.1.2 Potential Impacts Analysis
3.1.3 Proposed Mitigation
3.2 Impact on Transportation
3.2.1 Existing Conditions
3.2.2 Potential Impacts Analysis
3.2.3 Proposed Mitigation
3.3 Impact on Aesthetic Resources
3.3.1 Existing Conditions
3.3.2 Potential Impacts Analysis
3.3.3 Proposed Mitigation
3.4. Impact on Community Character
3.4.1 Existing Conditions
3.4.2 Potential Impacts Analysis
3.4.3 Proposed Mitigation .
3.5 Impact on Open Space and Recreation
3.5.1 Existing Conditions
3.5.2 Potential Impacts Analysis
3.5.3 Proposed Mitigation
3.6 Impact from Noise
3.6.1 Existing Conditions
3.6.2 Potential Impacts Analysis
3.6.3 Proposed Mitigation
3.7 Impact on Air Quality
3.7.1 Existing Conditions
3.7.2 Potential Impacts Analysis
3.7.3 Proposed Mitigation
3.8 Social and Economic Impacts
3.8.1 Existing Conditions
27
Final Scope for Final Environmental Impact Statement
Strong's Yacht Center—Proposed Boat Storage Buildings
Mattituck, Town of Southold, NY
3.8.2 Potential Impacts Analysis
3.8.3 Proposed Mitigation
3.9 Construction-Related Impacts
3.9.1 Description of Proposed Construction Schedule and Activities
3.9.2 Potential Impacts Analysis
3.9.3 Proposed Mitigation
3.10 Consistency with Community Plans and Studies
3.10.1 Existing Conditions
3.10.2 Potential Impacts Analysis
3.10.3 Proposed Mitigation
3.11 Impact on Archeological and Cultural Resources
3.11.1 Existing Conditions
3.11.2 Potential Impacts Analysis
3.11.3 Proposed Mitigation
4.0 Other Required Sections
4.1 Social and Economic Impacts
4.2 Threat to Public Safety
4.3 Use and Conservation of Energy
4.4 Adverse Impacts That Cannot Be Avoided (Short-Term and Long-Term)
4.5 Irretrievable and Irreversible Commitment of Resources
4.6 Growth-Inducing Impacts
5.0 Alternatives and Potential Impacts
5.1 Alternative 1: No-Action
5.2 Alternative 2: Alternative Material Removal Plan Using Barges
5.3 Alternative 3. Constructing the project on another parcel.
5.4 Alternative 4. Constructing the proposed storage building(s) without the need for
excavation.
5.5 Alternative 5. Constructing smaller building(s) with less excavation.
5.6 Alternative 6. The reconfiguration or reconstruction of existing buildings on-site for
larger boat storage.
6.0 References
28
OFFICE LOCATION: MAILING ADDRESS:
Town Hall Annex ON P.O. Box 1179
54375 State Route 25 ®�� Iy®l Southold, NY 11971
(cor.Main Rd. &Youngs Ave.) Q
Southold NY Telephone: 631 765-1938
www.southoldtownny.gov
UM
PLANNING
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
RECEIVED
MEMORANDUM FEB 1 7 2021
Southold Town Clerk
To: Scott A. Russell, Supervisor
Members of the Town Board
Elizabeth A. Neville, Town Clerk
cc: Town Attorney
From: Brian Cummings, Planner�j�
G
Date: February 12, 2021 , -
Re: Amended Site Plan for Peconic Landing Wellness Addition
Brecknock Road, Greenport SCTM#1000-35-1-25
The Planning Board refers this application to you for your information, comments,
review, and a determination of jurisdiction, if applicable.
This amended site plan is for the proposed construction of a 1,138 sq. ft. addition to the
existing Wellness Center for medical offices; and, a combination of the health center
and administration building parking lots (net increase of 28 spaces), located in front of
the subject addition and the entrance to the existing Community Center, all part of an
existing continuing care retirement community on 144 acres in the Hamlet Density
Zoning District, Greenport.
Thank you for your cooperation.
Laserfiche: Planning, Applications, Site Plans, Pending, 1000-35.-1-25(3)
OFFICE LOCATION: MAILING ADDRESS:
Town Hall Annex ®F SOU,, P.O.Box 1179
54375 State Route 25 ®�� Iy®l Southold, NY 11971
(cor.Main Rd. &Youngs Ave.) Q
Southold NY Telephone: 631765-1938
www.southoldtowrmy.gov
l�COUNTY,�
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
MEMORANDUM RECEIVED
F E B 1 7 2021
To: Scott A. Russell, Supervisor Southold Town Clerk
Members of the Town Board
Elizabeth A. Neville, Town Clerk
cc: Town Attorney
From: Brian Cummings, Planner
Date: February 12, 2021
Re: Request for Review
Proposed Site Plan for Wickham Road LLC Office
12800 Main Road, s/e of Love Lane & Main Road, Mattituck
SCTM#1000-114.-11-15
The Planning Board refers this application to you for your information, comments, review, and
a determination of jurisdiction, if applicable.
This site plan is for the proposed conversion of an existing 770 sq. ft. accessory apartment to
a principle office structure, no footprint expansion or basement, with four (4) parking stalls on
0.23 acres in the Hamlet Business Zoning District, Mattituck.
Thank you for your cooperation.
Laserfiche: Planning, Applications, Site Plans, Pending, SCTM#1000-114.-11-15
OFFICE LOCATION: MAILING ADDRESS:
Town Hall Annex ��rjF soy P.O. Box 1179
54375 State Route 25 OryOl Southold, NY 11971
(cor.Main Rd. &Youngs Ave.) Q
Southold,NY � � Telephone: 631 765-1938
www.southoldtow-nny.gov
on u
EF!C E PV ED
PLANNING BOARD OFFICE r r g 2 2021
TOWN OF SOUTHOLD
January 29, 2021 A' hold Town Clerk
Q_
Mr. Steven A. Martocello
24 Miller Woods Drive
Miller Place,NY 11764
Re: DEIS Comments and FEIS Preparation for the Proposed Standard Subdivision The
Orchards
SCTM#1000-27-1-3 Zoning District: R-80
Dear Mr. Martocello:
The Planning Board has confirmed at the January 25, 2021 work session that the Final
Environmental Impact Statement(FEIS) will be drafted by you, as agreed, and reviewed by the
Planning Board.
Enclosed is a summary of the comments received on the Draft Environmental Impact Statement.
Please refer to the following Laserfiche link for the complete set of comments.
1. Go to the Town of Southold website -vkw,.v.soutliold_tow_ nny.�4ov;
2. Click on Town Records/Weblink/Laserfiche Icon;
3. Click on the Planning Department folder;
4. Click on Applications;
5. Click on Standard Subdivisions;
6. Click on Pending;
7. Click on SCTM#1000-27-1-3.
If you have any questions regarding the above,please do not hesitate to contact this office.
Rull
Donald Wilcenski
Chairman
Enc.
Southold Town Clerk for Southold Town Board
Scott Russell, Southold Town Supervisor Suffolk County Department of Health Services
Southold Town Engineer Suffolk County Planning Department
Orient Fire District Southold Highway Department
Southold Police Department Southold Architectural Review Committee
NYSDEC - Stony Brook File
t
SOUTHOLD TOWN PLANNING BOARD
Compilation of Public and Planning Board Comments on the DEIS
The Orchards
SCTM# 1000-21-7-3
Note: The comments are not arranged in a particular order.
January 29, 2021
1. Two aspects of this project appear to not be code compliant:
Based on Town Code-Article XI Cluster Development 2401-42-H.(4):
Roads, streets and rights-of-way may not be included in the calculation of the minimum
required open space. (Friedman)
2. The area of the conservation easement is based on 16'right of way for Lot#1 driveway.
The State requires a 25-foot clearing and in a letter dated March 6, 2015 the Town
Highway Engineer said the Right of Way should be 25 feet. The additional 9 feet of right
of way increases the size of Lot 41 to 1.4744 acres and reduces the conserved area
by.1218 acres. This would bring the Conservation Area below the 60%required
threshold.
3. Based on Town Code Article XII Design Standards 240-45 for flag lots:
D Flag lots. The Planning Board may permit a limited number offag lots in a
residential subdivision plat provided they're well shaped, they are generally larger than
usual lots .
(I) to assure that the flag lot is of adequate size and shape, a fag lot located
within the residential zones shall contain at least the minimum lot area. of the
applicable zoning district an which it is bulk of the lot, exclusive of the area
contained in the flagpole access strip.
1
SOUTHOLD TOWN PLANNING BOARD
Both Lots 2 and 3 are flag lots and they are NOT larger than usual lots, I am not sure what
"usual lots" means, but the average size of 17 abutting lots is 2.5 acres, based on current
tax maps.I would suggest that Lots 2 and 3 should therefore be at least the minimum
required in R-80 zoning which is 80,000 square feet.
4. Lot#2 is inadequately sized for R-40 zoning,which requires a minimum lot size of 40,000
sq. ft. When the 3,169 sq. ft. access strip is deducted from the area of Lot 42,the result is
below the 40,000 sq. ft.threshold.
5. The Positive Declaration states "The impacts of the new sanitary systems proposed on
down gradient surface water must be assessed". The DEIS suggests that Suffolk County
Sanitary Code would yield 13 homes, and therefore 5 is a mitigation of impact. Town
Bulk Regulations would only allow 5 homes so the proposal should not be held up against
the County standards. The DEIS proposes standard sanitary systems and merely states that
since the SCDHS gave them approval, it must be okay.
6. To my knowledge,the DEIS does not assess the impacts of sanitary systems on down
gradient surface water at all. Provide a hydrological assessment of groundwater properties
on site including depth of the freshwater lens, directional flow, and the
saltwater/freshwater interface, as well as the amount of nitrogen and other potential
pollutants projected to reach the estuary via groundwater flow over time, and the impact
on nutrient loading to the estuary as well as proposed mitigation.
7. Impacts on Groundwater
The DEIS does NOT adequately address the site-specific availability of groundwater for
the proposed use and there seems to be no consideration for water conservation.
The DEIS does not address the effects on the quality of the water for the area population.
The proposed subdivision has the potential to impact the fi-esh water supply for the whole
village.
Positive Declaration 2a "Potential adverse impacts to groundwater quality and quantity
could be severe and boundless and must be assessed The probability of the impact
occurring is moderate and could affect the area population"
2
SOUTHOLD TOWN PLANNING BOARD
According to the Southold Town Comprehensive Plan... Southold will need additional
water sources-by 2030" I believe this assumes that the infrastructure is in place to provide
Orient with water from the aquifer areas included in the Special Groundwater Protection
Areas. Since that infrastructure is not in place,the sole source aquifer in Orient needs to be
protected too!
According to the Comprehensive Plan,the pace of"build-out" has already picked up, and
the predictions of a few years ago should be adjusted... to COVID-19 water demand from
houses being used full time.
In addition to the five new homes proposed,the DEIS states that the NYSDEC permit
allows maximum of 4 million gallons a year to be used for crop irrigation,This is a
staggering number, equivalent to 62-120 homes. The DEC approval requires testing the
irrigation well for salt-water intrusion twice a year, acknowledging the threat of salt water
intrusion. If salt water intrusion occurs in the irrigation well it likely means that there will
be salt water intrusion in neighboring residential wells too.
8. Identify the salt water interface and evaluate the impacts of pumping. Provide a
hydrological assessment of groundwater properties on site including, depth of the
freshwater lens, directional flow, and the saltwater/freshwater interface.Positive
Declaration 2d:"Assessment of potential impacts to groundwater from new sanitary
systems (pharmaceuticals and personal care products)pesticides, herbicides and
fertilizers must be included. Impacts to adjacent properties must also be discussed".
9. The DEIS does NOT address the concerns for potential impacts to groundwater and
adjacent properties of discharge of pharmaceuticals, personal care products,VOCs,
pesticides or herbicides and fertilizers from the residential properties. The DEIS does not
address the use of fertilizers and pesticides except to say that "Best Management
Practices" will be implemented. There is no mention of Integrated Pest Management. I am
not a farmer, but I am told that sweet corn is especially susceptible to pests and can require
frequent pesticide applications (more than once a week). Is this really appropriate in a
residential area, and in particular within 100' of two private wells? The wells for 2650
Orchard and Lot42, along with the irrigation well for the proposed farmland are within
100' of the proposed farmed acreage(these areas should be mapped, cannot be used as
SOUTHOLD TOWN PLANNING BOARD
farmland and should be deducted in all area calculations). Even with Integrated Pest
Management, most of the pesticides used to control corn pests are toxic sprays.
10. The DEIS does not(propose the use of I/A sanitary systems,proposes a crop that requires
an abundance of fertilizer and pesticides and offers "turf grass" in the unfarmed open
space. There is no mention of how the new sanitary systems might mitigate the impact of
the pharmaceutical, personal care products etc.
11. The DEIS does not address the quantity of water available based on projected water use
for this project and the homes that share this resource.
12. Positive Declaration 2f.A discussion of the current groundwater quality, contamination
and impacts on the proposed action and adjacent properties must be included:
The water on the site was in fact found to contain excessive nitrates and Aldicarbs.
The DEIS states that the homes will require filters for excessive Aldicarbs.
According to SCDHS private Water Systems Standards 406.4-15 if water exceeds
MCL and treatment is required a "covenant regarding water treatment must appear
on all realty subdivision and development maps" I don't see this covenant on any
site maps. The test well for Lot 2 also exceeded the allowable for Nitrates, and yet
an I/A Sanitary system was not proposed.
13. What will the effects be on neighboring properties quality and quantity of drinking water?
14. The overall impact of the additional demand for water has not been assessed and the
overall impact of wastewater has not been assessed.
15 Why is there no consideration given for conservation or alternative sources of irrigation
water, such as using drip irrigation, gray water recycling and rain water collection?
16. Why isn't there any mention of drought-resistant plantings or limitations on irrigation and
fertilization for the areas anticipated to be "turf grass?"
17. Why was a potentially water and pesticide intensive crop selected for farming?
4
SOUTHOLD TOWN PLANNING BOARD
18. Why weren't I/A sanitary systems proposed at the outset, and if the SCDHS has approved
the site plan,will I/A sanitary systems be required (after July 2021)?
19. Positive Declaration 3a "The conversion of farmland to residential use is
INCONSISTENT with the Town of Southold Local Waterfront revitalization Program
Policies"As mentioned above,the conserved area will not meet the 60% criteria for open
space when the Lot#1 and Lot#2 are corrected for code compliance unless some building
lots are eliminated. The configuration of the conserved area is not conducive to
agricultural use with several notches that will be difficult to plant and maintain.
20. Why is Lot 1 separate from the other lots?
21. Why is the designated area for the barn separate from the Lot 1 house?This does not seem
to conform to the intent of the code.The DEIS argues that the sale of four homes/home
lots is necessary to support the agricultural uses. When this proposal was first submitted,
the owner said that this was going to be a family compound,which presumably would not
generate income to support the agricultural uses. Lot#1,which has been presented as the
owner's personal residence is not clustered with the other lots, instead it is in the northwest
corner of the site to take advantage of conservation easements of neighboring properties
rather than be clustered with the other homes. The split cluster layout of the site does not
suggest a family compound, it looks more like a plantation except that the low lying land
to the southeast will not be populated by farm workers, but by wealthy second home
owners who can afford 1-2 million dollar homes. At the planning board meeting on April
6, 2015 the owner stated that "we are not going to do spec houses" and yet the DEIS
suggests that is the intent.The owner should clarify how many houses he intends to build
himself, and will they be built on spec or for his family? The proposed layout appears to
maximize the profit from new homes, not maximize the continuity of the open space or its
viability as farmland.
22. Impact on Archeological Resources - Based on historical maps, this appears to be "virgin"
land, never having been built on. However, there are adjacent parcels which are included
in the Comprehensive Plan for the Town of Southold as having historic value.
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SOUTHOLD TOWN PLANNING BOARD
23. Impacts on Aesthetic Resources
Positive Declaration 5a. "The potential impact for the siting and scale of homes could be
moderate to large based on lot size."
While the DEIS indicates that the five homes will be "modest sized"with footprints of
approximately 1750 sq. ft. and overall square footage of 3,500 sq.ft.. Once the lots are
subdivided, it seems that the Town has almost no control over what will be built on the
individual hots. There is presently almost no limitation on the sizes of the homes, and
while there are very stringent oversight of what is built in the nearby Historic District,
there are no rules at all about the design quality of these homes. These "structural design
components",potentially very LARGE homes,will have clear negative impact on the
"visual quality and scenic resources" at the very center of Orient.
Based on 20% lot coverage,the FOOTPRINTS of these houses can be up to:
Lot 1 approximately 11,783 sq. ft. (not including additional ROW acreage)
Lot 2 approximately 8,600 sq. ft. (based on current non-compliant plat)
Lot 3 approximately 9,960 sq. ft.
Lot 4 approximately 8'000 sq. ft.
Total Buildable (House)Area 46,343 sq. ft.
Barn footprint 4,000 sq. ft.
Total Area of Buildings 50,343 sq. ft. equals 1.16 acres
Table l of the DEIS has the Total Area of buildings at 0.2927 acres, which seems to be
based on 5 houses with footprints of 1,750sq. ft. +4,000 sq. ft. barn. Page 4-10 of the
DEIS states "A primary purpose of the Bulk Schedule for Residential Districts is to
ensure properties are developed in manner that provides the appropriate amount of open
space between building lots with appropriately sized buildings. Thus the size and location
for each of the proposed homes are limited". Unfortunately this is not the case, the houses
can be much larger based on the Bulk Schedule. Provide the maximum permitted house
size and lot coverage for each lot and discuss potential mitigation, Including limiting
future house size or lot coverage by covenant, increasing the setbacks to reduce the size of
the building envelope or other mitigation that might be considered.
24 Positive Declaration 5 continued- "Minimize introduction ofdesign coni ponenis (including
2111I11y lines, lighting, signage and f219C1ng) ii hich would b2 discordant ivah 1192 exisling
scenic coinpo79eni9 and characie7)"
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SOUTHOLD TOWN PLANNING BOARD
25. On page 4-10 of the DEIS the project shall provide aesthetically pleasing views of the
open space and active farmland" Clearly,there will need to be an 8 foot fence surrounding
the agricultural land. The statement that this will be an "aesthetically pleasing view" of an
8 foot fence and the owner's home in the distance, is highly subjective.For the residential
lots, landscaped buffers per 240-43 are not indicated and potential hedges and fences are
not addressed. Additionally,the 4,000 sq. ft. barn is directly on axis with the view from
Old Farm Road.
26. Positive Declaration 5a continued: "Protect visual quality associated with agricultural
land, open space and natural resources." Two of the properties associated with the
Hallock Farm are within 500 feet of the proposed subdivision.These properties, along
with several others just outside of the 500'buffer,are indicated on figure 5.1 of the
Southold Comprehensive Plan as listed by the Society for the Preservation of Long Island
Antiquities. The Hallock Farm was an innovative and prosperous farm that helped shape
the community of Orient. As I have mentioned in past correspondence,Halyoake Avenue
was formerly the driveway approach to Hallock Farm from Orchard Street.
The rural nature of the Orchard and Halyoake corner is still mostly intact, and will be
permanently spoiled by the addition of four potentially massive houses.
This proposal does not "enhance the visual quality and protect scenic resources" and there
are no safeguards in place to insure that the structures that will be built will not seriously
detract from the visual qualities of the area.
We would like to see a full visual impact study showing the impact of the maximum sized
homes and barn.
27. Considering the proximity to the Orient Historic District and to the Hallock Farm
Complex, the houses and the barn should all be contextual in design, restricted in height
above natural grade, and limited in footprint in order to maintain the aesthetics and
character of the area. Provide a visual impact analysis of the anticipated structures; include
views from all adjacent public roadways.
28. Based on design standards established by 240-45 both of the non-compliant flag lots
Should be eliminated.
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SOUTHOLD TOWN PLANNING BOARD
29. Assessment of the No Action Alternative
These six points outlined in the DEIS are of questionable mitigation value:
(1) "Return the fallow agricultural land to open space to productive use"
Is there anything stopping this owner from farming this land as is?
(2) "Permanently protect 60% of the agricultural land comprising the subject
property from future development through environmental conservation
easement"Even more of the property could be open space or the land could
be sold to a trust or individual who would preserve all of the land as open
space.
(3) "Create new modest size residential homes to provide additional housing in
the community"
If these lots are sold at current prices for real estate in Orient,they will not be
modestly priced. The estimate of cost to build these homes in the DEIS is
very conservatively posited at$150/sq. ft.. Homes recently built in Orient are
about twice that. So with the cost of land being around $600 per acre, and the
cost of a 3,500 sq. ft. home at$1,050,000 this is not the type of housing that
Orient "needs".
(4) "Control of vegetation to enhance scenic vistas from the abutting roadways.
" This DEIS claims that the view sheds will be improved because the land
will be cleared of overgrowth and if no action is taken "existing vegetation
would go unchecked and eventually consume the property". I don't believe
anyone would object to the owner maintaining his vacant property.
(5) "Increase the annual tax revenue"
This cannot be denied. However, the increase in density and use of limited
resources doesn't offset this gain. The conversion of farmland to residential
use in order to produce tax revenue on the one hand is contradictory to the
use of preservation funds to conserve farmland on the other.
(6) "Removal of contaminants from the aquifer via filtration of domestic water
for proposed homes" While Aldicarbs will be filtered out by a system that is
provided free to the homeowners-there could be negative impacts from other
contaminants The following concerns mentioned in the Full Environmental
Assessment Form, were not mentioned in the Positive Declaration.
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SOUTHOLD TOWN PLANNING BOARD
30. Site was prone to ponding and flooding. While the site is not in a currently designated
FEMA flood zone, it is susceptible to storm surge.Part of lot#5 is located in an area
expected to be impacted by a storm surge of 6-8 feet above normal,with the majority of
the lots 2,3, and 4 in storm surge zone 3 (9-12 feet above normal) Provide a discussion
on the potential threats from flooding on the parcel, include sea level rise projections.
31. While there may, or may not be any threatened or endangered species inhabiting this site,
there are certainly plenty of deer there. The DEIS suggests that the wildlife(squirrels,
rabbits and birds)will move to the adjacent conserved properties and then repopulate the
site, avoiding the subject of deer altogether.The 8'deer fence that will inevitably surround
the farmed area will not allow the deer to repopulate this site.As more and more fences
are erected the deer become more of a problem for homeowners who do not wish to, or
cannot fence in their properties, and to drivers as the deer dart across the roads instead of
open fields.Include an in-depth discussion on the impacts to wildlife, including protected
species. See comment below.
32. Concerned about impact on surface waters and on ground water use of 4,000,000 gallons
per year for crops and the potential for this use to cause saltwater intrusion.
33. DEIS does not adequately address fertilizer and pesticide impacts to groundwater from the
proposed agricultural use.
34. Has there been an assessment on using drought tolerant plants, gray water recycling, drip
irrigation? Include an assessment of the use of these types of water conservation
measures.
35. Has there been analysis to assess the potential impact on neighboring properties drinking
water and overall demand requirement for water in the area? Include the potential impact
to groundwater and impacts on private wells in a detailed hydrological study as mentioned
above.
36. Concern about aesthetic impacts and the budding of"McMansions". Size (square footage,
height)of homes along with landscape and fencing should be part of an overall visual
impact study
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SOUTHOLD TOWN PLANNING BOARD
37. Concern that proposal is not aligned with Comp Plan, Orients history and character.
38. The Town's recently adopted Southold Town Comprehensive Plan could not be clearer in
its vision and goals to protect town character, its environment and aesthetic so that,
"Southold retains much of its small-town charm" (Goal Five: Protect the Town Character).
In order to truly fulfill this vision and achieve these goals for Southold's future, every
development proposal should be met with the highest level of scrutiny and the willingness
to collaboratively arrive at appropriate mitigation measures to create the best possible
development outcome. Given this,we find the DEIS to be inadequate in a number of key
sections pertaining to character and water resources.
39. Impacts to Water Resources:
With regard to wastewater,the DEIS summarizes that the impacts to ground and surface
water quality are negligible based on the fact that the subdivision map could provide a
density of thirteen homes when only five are proposed. This reasoning completely
disregards the actual impact of wastewater on water quality by relying on a circumstance
that is impossible due to the zoning. This logic is detrimental and should be addressed
within the DEIS by requiring an analysis of the actual impacts the proposed five homes
will impart on water resources. It is notable that the Town of Southold, in its Positive
Declaration (July 2015), specifically called out impacts of proposed sanitary systems on
nearby surface waters of the greater Peconic Estuary systems,which continues to
experience the deleterious effects of excess nitrogen loading emanating from standard,
single-family sanitary systems.The DEIS is inadequate in addressing these impacts.
40. Incorporate a comparative analysis of the impacts of the use of the proposed standard
sanitary systems for the five homes versus the use of I/A OWTS. It's important to
note that on October 6, 2020, Suffolk County passed legislation modifying its Sanitary
Code to require the incorporation of the alternative systems for all new construction
throughout the County. The County's regulations take effect in July of 2021.
This recommendation is bolstered by the Town of Southold's recently adopted,
Southold Town Comprehensive Plan recommendations:
Bullet 5 - "Require the use of(]/A OWTS or future technologies to achieve the highest
level of effluent treatment in new construction projects" (page 15).
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SOUTHOLD TOWN PLANNING BOARD
41. It would be irresponsible to omit this consideration from the EIS given the above-
mentioned circumstances.
42. House Size and Scale
The DEIS does not provide analysis of the size and scale of homes in the adjacent areas to
determine what"modest" might consist of and how the size of the proposed homes could
have a negative impact on community character, aesthetic and the preservation of
viewsheds.
Additionally, the DEIS makes zero mention of the Orient community's desire to maintain
such character. These desires are explicitly called out in adopted Town studies and
community-driven endeavors. Address how the proposed home size and scale conform to
the following statements.
The Southold Town Comprehensive Plan (one of the Orient community's main goals)
F. Ensure future residential development in the hamlet is in keeping with and at a
scale consistent with the hamlet's character. This goal can be met, in part,
through the implementation of this chapter's Goal 2, which contains a subsection
on updating regulations for Residential Uses including home sizes (Page 41).
It is important to note that the Orient community strongly favors the protection of
community character through the use of limitations on building sizes. The Orient Plan
Propositions (May 2020), noted,
"No construction shall be permitted that would result in overall housing size
(usable square footage) that is out ofscale with the existing housing in the
immediate neighborhood; this provision shall be in addition to zoning
requirements, including lot coverage, setback, height and other limitations" .
(Note that the Orient Plan is a plan generated by the Orient Association, a local civic
association). Provide an analysis of area home sizes and scales. As a form of
mitigation,to ensure that the proposed homes do not create negative impact on
community character, the DEIS should discuss a required covenant that specifies
maximum allowable home sizes of a certain scale
43. Concerned about potential adverse impacts to the Orient Historic District,
groundwater/aquifer(e.g salt water intrusion), community character, and the lack of
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assessment of these in the EIS. These need to be assessed. The current plan shows five
residential lots, as well as an agricultural building and access road, utilizing R-40 zoning.
Using R-40 and the split cluster configuration does not achieve a rural, open space goal,
nor does it preserve the natural and scenic values of the Town and village. We would like
the DEIS include a full visual impact study showing maximum sized homes and barn.
44. The proposed subdivision has the potential to impact the fresh water supply for the
whole village. What will the effects be on neighboring properties quality and quantity of
drinking water?The overall impact of the additional demand for water has not been
assessed and the overall impact of wastewater has not been assessed. The applicant should
be required to identify the salt water interface and evaluate the impacts of pumping.
45. The DEIS does NOT address the concerns for potential impacts to groundwater and
adjacent properties of discharge of pharmaceuticals, personal care products,VOCs,
pesticides, fertilizers or herbicides from the residential properties.
46. The DEIS does not propose the use of I/A sanitary systems,proposes a crop that requires
an abundance of fertilizer and pesticides and offers "turf grass" in the unfarmed open
space. There is no mention of how the new sanitary systems might mitigate the impact of
any of the discharge.
47. Hydrological studies need to be done. Concerned about impacts to aquifer and impacts
from ferry operation.
48. Concern about impacts to character and increase in traffic, contiguous open space,water
supply and disruption to wildlife.
49. Concerned about impacts (strain) on aquifer(seasonal use, water levels, demand from
homes and irrigation, saltwater intrusion, costs and need for additional wells) Include a
discussion on the seasonal use (increase in GPM) of groundwater in the hydrological study
mentioned above.
50. Subdivision is too dense for character and resources available, concerned about impact to
sole aquifer from sanitary systems, irrigation and property maintenance The cumulative
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build out could lead to impacts to ground and surface and waters. Discuss the cumulative
impacts over a 101`19 duration on ground and surface water in greater detail. Include the
impacts from nutrients pollutants fertilizers herbicides pesticides storm water runoff.
51. Two of the properties associated with the Hallock Farm are within 500 feet of the
proposed subdivision. These properties, along with several others just outside of the 500'
buffer, are indicated on figure 5.1 of the Southold Comprehensive Plan as listed by the
Society for the Preservation of Long Island Antiquities.The Hallock Farm was an
innovative and prosperous farm that helped shape the community of Orient. The rural
nature of the Orchard and Halyoake corner is still mostly intact, and will be permanently
spoiled by the addition of four potentially massive houses.The 13.0 acre site is currently
guided by the area's R-80 zoning district and is also informed by its historical context and
the goals represented by the Village of Orient Historic District,with its eastern boundary
at Tabor Road,just 880 feet from the site. Discuss the potential adverse impacts on the
parcel referred to as Hallock Farm and the Orient Historic District.
52. The current plan shows five residential lots, as well as an agricultural building and access
road, utilizing R-40 zoning. Using R-40 and the split cluster configuration does not
achieve a rural, open space goal, nor does it preserve the natural and scenic values of the
Town and village.
53. We would like to see a full visual impact study showing maximum sized homes and barns.
54. Another key issue is the lack of a thorough environmental impact study on groundwater.
The application requirement is for six new wells including an irrigation well with DEC
permit to pump 4 million gallons/year; anticipated irrigation for turf grass; and five new
standard residential sanitary systems. The most critical shortcoming in the DEIS is the
impact of the development (particularly its density) on both water supply and quality. A
potential impact and barn from the project would be depletion of the groundwater supply
lying beneath the property. There is no analysis regarding the severe limitations of
Orient's aquifer and groundwater supply. The proposed subdivision has the potential to
impact the fresh water supply for the whole village. What will the effects be on
neighboring properties quality and quantity of drinking water? The overall impact of the
additional demand for water has not been assessed nor has the overall impact of
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SOUTHOLD TOWN PLANNING BOARD
wastewater. The DEIS does NOT address the concerns for potential impacts to
groundwater and adjacent properties of discharge of pharmaceuticals, personal care
products, VOCs, pesticides, fertilizers or herbicides from the residential properties.The
DEIS does not propose the use of I/A sanitary systems,proposes a crop that requires an
abundance of fertilizer and pesticides and offers "turf grass" in the unfarmed open space.
55. The applicant should be required to identify the salt water interface and evaluate the
impacts of pumping; and there is no mention of how the new sanitary systems(I/A
OWTS)might mitigate the impact of any of the discharge.
56. Concerns about impacts to aesthetics, character(low density,rural ambiance, colonial
architecture). DEIS does not appear to address multiple aesthetic and practical
risks/impacts.
57. Very concerned about overdevelopment and impacts on groundwater,nitrogen input and
chemical runoff into surrounding bays..
58. Multiple Plans: Conditionally Approved, Proposed, and Preliminary Referenced in the
DEIS (pages 2-3,2-4,2-12, 3-5, 3-6, 4-2, Appendix) are different plans used as a basis
for different reports. The initial review reflected the "5 Lot" Yield Map (6-5-2005) based
on Existing R-80 Zoning, the Conditionally Approved Sketch Plan (6-15-2013)
(Appendix P) and the Existing Resource & Site Analysis Plan (10-17-2017)based on
Sketch Plan Lot Configuration. The Applicant's significant departure from the
Conditionally Approved Sketch Plan is represented by the Proposed Preliminary Plat for
Standard Clustered Subdivision (1-21-2015) (Appendix B). This Proposed Preliminary
Plat does little to address the many concerns expressed early on and are still relevant
today. In fact, this Proposed Preliminary Plat is a clear disregard for the Town Code, and
goals for fixture land use and zoning reflected in the Town's Vision Statement and
Comprehensive Plan as well as County and State Conservation planning. Regardless, the
DEIS seeks to defend the Proposed Preliminary Plat and fails to demonstrate its benefits.
More proposed and premature plans are put forth in an effort to provide mitigation and
support for the proposed development scheme.
■ Existing Resources & Site Analysis Plan (11-18-2017) based on Proposed
Preliminary Plat Lot Configuration (Appendix C)
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SOUTHOLD TOWN PLANNING BOARD
■ Proposed Subdivision Map with Corrected Building Envelopes (July 8, 2020)
(Appendix Y)
■ Proposed Subdivision Map with Sanitary Systems and Water Wells for
Suffolk County Department of Health Services June 18,2019 (Appendix G).
59. Plan Inconsistencies Abound ---basic code compliance goes uncorrected, lot sizes change,
setbacks are modified and incomplete, irrigation well appears in different locations or
missing altogether. Furthermore, seeking review and approval by the Suffolk County
Health Department,prior to Town's SEQRA Determination,and Preliminary Plat
Approval leads to more confusion.
We strongly suggest that the Planning Board use its authority to modify the Proposed
Preliminary Plat and provide a more equitable and fair balance between the Applicant's
interests and the Town s Vision. For example, fewer number of lots,more reflective of the
R-80 regulations and neighborhood character, achieved by removing the Lot I residential
building lot,reallocating excess lot area to remaining four lots or less. An alternative
design can then be assessed for its impact on critical water issues.
60. Perhaps the most critical shortcoming in the DEIS is the impact of the development
(particularly its density) on both water supply and quality, covered in Section 3.2 for a total
of 472 pages. On page 3-4,there is recognition that "The subject site is not served by a
community water supply.A potential impact from the project would be depletion of the
groundwater supply lying beneath the subject property." However,the DEIS avoids any
hydrogeologic analysis regarding the severe limitations of Orient's groundwater supply. In
fact, a document search for the word "aquifer" is virtually absent from the DEIS, except for
in the Town's Positive Declaration in Appendix A.
61- As the adjacent property to the southeast, we will be the first impacted by the quality of the
groundwater as it flows towards Long Beach Bay. Perhaps the most disturbing and
confusing series of events occurs between 2016 and 2019, where the Applicant's test well
results in 2016 not only show the contamination but also SCDHS remarks regarding the
depth to water of less than 40 feet (Appendix L) and the need to restrict lot size conforming
to the current R-80 zoning. Then by 2019, different well test results appear to allow for the
SCDHS Board Review &Variance (Appendix H)where lot size restrictions are removed.'
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SOUTHOLD TOWN PLANNING BOARD
Is cherry-picking results an acceptable approach to ignoring a well-known and documented
concern regarding the fragile Orient water supply?
62. The Applicant's DEIS continues to push the Suffolk County Health Department lot size
determination that 13 houses can be supported, but that the proposed plan only provides
for 5 houses and an irrigation well for farming. Further,the DEIS spins the facts of
contaminated water transformed by water filtration technology to conclude that the filtered
water discharged into the groundwater has no impact to water supply nor water quality, it
is a benefit created by the development!
The Applicant's DEIS addresses water related issues and the use of fertilizer associated
with the farming of the open space by simply assigning it to NYSDEC reporting(for
subject site only) and best farming management practices. The broad-brush statements
about this and other issues require more specification.
63. On prior occasions,the Planning Board and others have expressed concerns relating to
water issues and development densities. For example, as recent as June 27, 2017,the
Planning Board disapproved ZBA#7063, a proposed variance request to split a 4.2 acre
parcel in a R-80 zone at 2050 Platt Road (SCTM 1000-27-1-9), recognizing the sensitive
area of Orient and its sole source aquifer and the impact on ground and surface waters as a
result of increased residential density. 'The "Settlers at Oysterponds" subdivision created
in 1984, located directly opposite the subject site at Halyoke Avenue and Orchard Street,
was also challenged by constraints and concerns surrounding water issues, influencing the
density and configuration of the lots. A proposed plan for 47 house lots on 67+- acres was
reduced to 10 building lots(minimum 5 acres) due to water and other concerns.
64. The Planning Board should require a more in-depth analysis regarding Orient water issues
and the impact of the Proposed Development as well as an Alternative Plan representing
lower density and better lot configuration that mitigates many of the non-water issues of
equal importance to the community.
65. The open space easement sample provided in Appendix D is not necessarily comparable to
What would be included in an easement on the subject property. There were only two
residential lots in the sample easement's subdivision. In addition, any future open space
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SOUTHOLD TOWN PLANNING BOARD
easement on the subject property would necessarily need to include any mitigation
measures identified in the future findings of this SEQRA process.
66. The Planning Board should evaluate the impacts of any Proposed Subdivision plan at
every stage of development, as the full implementation is the reality that the community
will experience for years to come.
67. The flag lots proposed are inadequately sized based on Town Code Article X 1 Design
standards for such lots. Based on current tax maps and the size of the abutting lots, any
flag lots would need to be 2.5 acres to be larger than usual.
68. Further, it is clear from the DEIS that there must be assessed further the;
1. Impact on Surface'Water
2. Impact on Ground Water
69. Concern that the DEIS has NOT adequately addressed the specific availability of
groundwater use, and there seems to be no consideration for water conservation. We all
are keenly aware in Orient Village that salt water intrusion into our fresh water supply
potentially impacts the entire area. The proposal requiring 4 million gallons per year for
crop irrigation is an extraordinary number that represents the equivalent requirement for
sixty (60)to one hundred (120)homes. In addition,the DEIS does not fully address the
potential impact of fertilizer and pesticides to the ground water, especially since the corn
crop proposed requires a once a week pesticide application, which are potentially toxic to
ground water and thus nearby well systems. Has there been any consideration for drought
resistant plantings, gray water recycling, drip irrigation as options for water conservation?
Has there been analysis to assess the potential impact on neighboring properties drinking
water and the overall demand requirement for water in the area? There are high levels of
nitrates in our soil and thus in our well water along with other contaminant materials. All
of this requires the need for substantive in home filtration systems.
70. We are further concerned as to the aesthetic impact of the proposed subdivision. Though
the owner states that "we are not going to do spec houses",there seems to be no control in
place as to what gets built on the individual lots. Orient is a community that MUST
require very careful thought with respect to the how land is developed. Our concern, and
that of other owners we talk to, is that the threat of developers building "McMansions"
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SOUTHOLD TOWN PLANNING BOARD
will take away from the charm and aesthetic of Orient.Recently,there has been housing
development that if left unchecked will change forever that which we all appreciate so
much about our village.
71. Thoughtful consideration as to the visual quality of the property is essential to protect
scenic resources. Size(square footage,height)of homes, along with landscape, fencing
should be part of an overall visual impact study.
72. The main concern is the water table. We have well water along with our neighbors in the
area. How much water is available before it is completely exhausted?And,you KNOW
they will be putting in swimming pools as well. Every new.house being built in the area
includes a swimming pool not to mention pools being the new addition to the homes
already here.
73. The analyses of the Horowitz property subdivision, done in the 1980's in Orient, should
offer a guideline for the development of"The Orchards" property,which is for all intents
and purposes identical.By this standard,the property should support no more than two
building sites,with carefully separated building envelopes to prevent intensive draw on
the aquifer in any one area.
74. The introduction of fanning in addition to the five new homes is questionable due to its
intensive use of groundwater.
75. The limit of"'The Orchards" to two building lots would also better conform with the
present environment(community character) in this part of Orient
76. The proposal to place a suburban development of this magnitude in this location will
fundamentally change the character of this part of Orient Village. Currently, there is a
feeling, for the many residents who walk or bike regularly on Orchard toward Narrow
River, of leaving the village proper for a more rural environment, with houses set back or
shielded by fences and trees, punctuated by brushland and woodland. The area in
question bordering Halyoke is an important part of this feel To replace it with five
houses and a barn that is completely out of proportion with existing structures in the
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SOUTHOLD TOWN PLANNING BOARD
Village is to destroy a fundamental part of the Village's character. "View" is not a
function of how far one can see but of what one sees.
77. The contribution to traffic also seems fundamentally understated. Whatever the database
that was used for the calculation, if one makes the reasonable assumption that these
houses are likely to be sold to young families fleeing the City,the assumption of fewer
than two trips a day per household seems absurd Clarify the methodology used to
generate vehicle trams and provide a more in-depth discussion on the potential adverse
impacts from traffic on local roadways.
78. Barbara Friedman's letter presents a succinct view of the issues and concerns of the
community of neighbors near the proposed sub-division. Many of these concerns have
been the focus of the Orient Association for years, such as house size and water
conservation. My question to you is whether the review of the DEIS would incorporate
all of these concerns. This is a process question. What is within scope of the DEIS and
what is outside of the scope of the DEIS? Regardless,the issues concerning water use,
quality, and availability are all properly part of a DEIS. My question is then is what are
the water monitoring systems and tools in place that are used to assess the adequacy of
the proposed development in an area that is part of a larger fragile ecosystem, one that
will increasingly be prone to floods, saltwater intrusion, and higher groundwater
elevations that come with sea level rise?
79. Nancy and Mark Ferraris submission of Equity Environmental Engineering LLC report
(Attachment A)Address these comments in detail.
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SOUTHOLD TOWN PLANNING BOARD
December 7,2020 Public Hearing Comments' (Note repeated comments were not included)
1. DEIS does not address impacts. Concerns about water supply and quality overlooked.
Developer should introduce an alternative plan with less density that meets Town goals. The
word aquifer does not occur in the DEIS and that is a concern.
2. Concerns about traffic and tranquility adding more driveways also presents a safety risk
(safety of pedestrian and bicyclists not addressed). Multi directions traffic flow will increase
in front of property and threat of accidents will increase. The roads are narrow and are meant
for fewer cars. Concerns about increase in construction and farm vehicles. Questions 6
vehicle trips per day in DEIS. The houses are not moderate in size they will disrupt our
character. Issues of aquifer and noise pollution from farm equipment. Does not agree with
minimal need for community service claim.
3. Concern about impact to water quality and permanent harm from five houses and low
elevations where lots are located. Change in character of neighborhood.
4. Concerned about water issues related to project—site between Platt and Narrow river road
failed because of DEIS impacts on water and water flow. Concerns about conventional septic
systems and how that will impact area. Water problems exist now.
5. Does not mitigate the action—DEIS just stated and restated sq ft. and site considerations.
Did not address adverse impacts from houses and on scenic area—corner. DEIS states that
the SCDH approved and does not think that is the case. Concern about flag lot size. Platt
road on plan is actually Holyoke. Concern about water availability.
20
SOUTHOLD TOWN PLANNING BOARD
Town of Southold Planning Department Staff Comments
The Planning Board staff has reviewed the resubmitted Draft Environmental Impact Statement For
Subdivision Approval The Orchards (DEIS)dated August 2020 and have the following comments and
questions:
1. Page 1-3.
"The Suffolk County Department of Health Services has already granted approval for the
siting and preliminary design of the five proposed sanitary systems."
This statement is false. Appendix G contains a letter from the SCDH Board of Review that
grants a variance with provisions. The letter and decision language states that "this waiver
does not imply that your application will be automatically approved". The approval is
specific to the allow the use and treatment of known contaminated groundwater in the area
and to protect public health.
Please retract all statements making reference to Suffolk County Department of Health
Services"approval".
2. Page 2-7.
"The groundwater underlying the subject property contains concentrations of certain
contaminants in excess of New York State Drinking Water Standards (New York State
Department of Environmental Conservation 2020), i.e. Nitrates, Aldicarb-Sulfoxide and
Aldicarb-Sulfone. Groundwater will be used to supply domestic water to each of the proposed
five dwellings. The potable water supplied fi-om each of the wells will be treated to reduce the
concentration of the three contaminants to below drinking water standards.
When the used domestic water is discharged from the homes, the total concentration of each
contaminant shall be reduced from what the influent tivould have been if no Treatment were in
place. Each of the five dii,elling water treatment systems effectively act cis a "pump and
treat"remediation system, thereby aiding in improving the groundwater quality."
The DEIS claims a reduction of groundwater contamination. The claim is not voluntary as
presented, rather is a requirement of the SCDH approval. Recognizing the levels of
contaminants in groUndwater, why wasn*t a nitrogen reducing VA OWTS proposed to treat
21
SOUTHOLD TOWN PLANNING BOARD
total nitrogen load in the sanitary effluent thereby reducing impacts to groundwater and
surface waters? Note that the Planning Board requires I/A OWTS for all new subdivisions in
the hamlet of Orient. Please provide a detailed analysis of the effectiveness of the
conventional on-site sanitary system versus an I/A OWTS in treating total nitrogen.And
discuss new SCDHS regulations requiring I/A OWTS in the near future.
3. Page 3-3 Section 3.2 Water. The DEIS does not adequately describe the characteristics of the
sole source aquifer and the hydrologic conditions on the parcel. Although it is recognized
that the aquifer within this area is not included as a NYSDEC Critical Environmental Area,
the potential adverse impacts to groundwater quality from sanitary systems and homeowner
practices is moderate to high. Water usage from agriculture is also expected. Please provide a
detailed technical analysis, study, and discussion regarding the sole source aquifer and its
characteristics including the depth of freshwater,freshwater lens, saltwater/freshwater
interface,water supply wells, flow rates, spacing of water supply wells, other existing private
water wells in the vicinity of the site. What is the aquifer's capacity to support the proposed
new homes and agricultural use?What is the water budget for the proposed action including
agricultural uses?What mitigation will be provided to prevent up-coning and salt water
intrusion into the aquifer?
4. Page 3-4 "Based on the subject property size of 13.3±acres, Suffolk County Wastewater
Management could potentially allow as many as 13 single family residential homes to be
constructed on the subject property."
This statement confuses the reader and the issues. Southold Town zoning would not permit
greater than one single family residential unit per 80,000 sq. ft. in the R-80 zoning district
regardless of the SCDH Article 6 density regulations. Please qualify why this density on the
parcel is not possible. The statement is also located on page 3-7 and should also be qualified.
5. 3-4 The DEIS states that public water supply is unavailable for the subject property. It is
important to note that public water is not available for the entire surrounding area and that
potable water supply is obtained from a sole source aquifer, and in addition the test wells
show signs of contamination requiring filtration for any future homes on the site.
22
SOUTHOLD TOWN PLANNING BOARD
6. Pages 3-5 and 3-6
The SCDHS issued a report dated January 19, 2018 (see Appendix N). The sampling revealed
the water in test well#1 exceeded the Suffolk County test well standard of 6 mg/1 of nitrates,
but did not exceed the Maximum Contaminant Level(MCL)permitted by Part 5 of the New
York State Sanitary Code (The State of New York 2018). The water in test well#2 exceeded
the MCL for nitrates,Aldicarb Sulfoxide and Aldicarb Sulfone. Each of these contaminants
are commonly found in the groundwater surrounding the subject property and are most likely
attributable to the former use of the subject property, and surrounding properties, as
farmland. each of the proposed residential homes (see Appendix G). On December 17, 2019
the SCDHS Board of Review approved the Applicant's variance request(see Appendix II).
Each dwelling shall be equipped with a potable water treatment system to reduce the
concentration of the target compounds to below the MCL. The Aldicarb treatment removal
devices are free to the homeowners in Orient and are funded by the SCDHS through Bayer
Scientific.
The construction of the five residential homes, and associated water treatment systems, shall
have a positive impact on groundwater quality as each treatment system shall remove the
Aldicarb contaminants from the groundwater supply.
The Planning Board disagrees with the statement made on page 3-6 that"Based on SCDHS
approval of the variance, which includes the engineering design layout for the proposed
sanitary system and potable water supply well for each proposed residential home, no
significant impact to the groundwater quality or quantity is anticipated.
The variance granted by the SCDPI Board of Review as provided in Appendix G of the DEIS
does not imply approval of the subdivision design layout nor does it find that no significant
impact to the groundwater quality or quantity is anticipated. The variance granted was in the
interest of public health and was relevant only to whether-there was potable water on site. The
variance document states the following: "The granting of this variance is not a formal;
approval to divide the parcel, or to construct new dwellings or install new sewage disposal
systems or onsite private wells on the subject site".
The Planning Board strongly disagrees with the statement also made on page 3-4. "SCDHS
approval would not have been issued had the SCDHS review ident fed a signrficom in7pact."
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SOUTHOLD TOWN PLANNING BOARD
The SCDH Board of Review is not charged with the reviewing of a projects potential
moderate to large significant adverse impacts to ground and surface water as a result of
sanitary waste disposal, solid waste disposal, landscaping and the application of herbicides,
fertilizers and pesticides. This statement should be clarified.
7. Page 3-6. The installation of an irrigation well over a sole source aquifer with known
contamination to a depth of forty-five feet(45'), a maximum flow rate of one hundred
seventy-five (175) gallons per minute and maximum annual production of four million
(4,000,000) gallons of water is a concern. It is recognized that the permit issued by the
NYSDEC requires chloride intrusion monitoring in June and October of each year by a New
York State ELAP certified laboratory.
What is the projected gallons per day year over year?
What is the projected zone of influence from the well head?
What are the potential impacts to private wells in the surrounding area?
What are mitigation measures for the potential impacts?
Identify an open space use permitted by Chapter 240 Subdivision of Land of the Southold
Town Code that would use much less potable water and still meet the landowner's goals.
How will up coning of salt water be prevented?
What are the drought weather patterns for this location?
What specific best management practices will be employed to conserve water used to support
crops or livestock.
What is the plan if chloride is found in the well? Will the Town of Southold be notified?
8. Page 3-7. The Planning Board strongly disagrees with the statement "The impact of thnrleen
single family homes d7schorging ii,astewater to the subject property is therefore deemed
acceptable by the SCDHS with regard to potential impacts to surface a»d groundivater
gziahty from the rvasteivater discharge." There is no basis to support this assertion. Article 6
does not account for current conditions, is outdated and cannot supersede the Town zoning on
the parcel. The presentation and continued comparison in the DEIS that attempts to "give
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SOUTHOLD TOWN PLANNING BOARD
credit"for the 5 lots mandated by the Southold Town Code residential bulk schedule versus
the 13 lots that are not even possible is confusing to the reader. Please clarify that the 13 lots
are not possible.
9. Page 3-7 The Planning Board strongly disagrees with the statement " The nitrogen load from
the proposed five single family homes is not anticipated to significantly impact surface or
groundwater as it represents only 38°o of the volume of wastewater permitted to be
discharged by the SCDHS regulation intended to protect water quality." There is not a
nitrogen load reduction from the permissible yield of 5 lots on the property. The SCDHS
requirements cannot be applied as a rationale to support mitigation.
Provide a detailed nitrogen budget for the parcel and uses.
10. Page 3-8 Section 3.4 vegetation. The DEIS states that "Since no species offlora or fauna
were identified as rare, threatened or endangered by the NYSDEC's Natural Heritage
Program via the Resource Mapper, the removal of the existing habitat is not anticipated to
have a significant negative impact."
The Environmental Resource Mapper website was consulted and the parcel is located within
a Significant Natural Community layer(occurs to the east and west of the parcel). This layer
shows areas within a 1/2 mile of the significant natural communities shown in the layer
above. The natural community identified is Marine Back Barrier Lagoon Long Beach Bay.
If project impacts are being assessed at a location within this vicinity layer,the nearby
significant natural communities should be considered in the assessment. Please discuss the
potential adverse impacts to the Significant Natural Community.
Note that the Rare Plants and Animals layer occurs just south of the parcel. Old or potential
records include:
Common Name: Marsh Fimbry
Scientific Name: Frrnbristylls caslanea
Date Last Documented: 1938-08-25
Location: Orient Point
NYS Protected: Threatened
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SOUTHOLD TOWN PLANNING BOARD
Common Name: Small-flowered Pearlwort
Scientific Name: Sagina decumbens ssp. decumbens
Date Last Documented: 1910-06-20
Location: Orient Point
NYS Protected: Endangered
Common Name: Marsh Straw Sedge
Scientific Name: Carex hormathodes
Date Last Documented: 1926-06-01
Location: Orient
NYS Protected: Threatened
Common Name: Sea-pink
Scientific Name:Sabatia stellaris
Date Last Documented: 1910-09-19
Location: Orient Point
NYS Protected: Threatened
Common Name:New Jersey Pine Barrens Tiger Beetle
Scientific Name: Cicindela patruela consentanea
Date Last Documented: 1944-10-02
Location: Orient
NYS Protected: Unlisted
Common Name: Large Grass-leaved Rush
Scientific Name:Ancus biflorus
Date Last Documented: 1928-08-01
Location: Orient
NYS Protected: Endangered
Common Name: Scotch Lovage
Scientific Name:Ligaisocum scoihicum ssp scothicum
Date Last Documented: 1980-07-11
26
SOUTHOLD TOWN PLANNING BOARD
Location: Orient
NYS Protected: Endangered
Common Name: Golden Dock
Scientific Name:Rumex fueginus
Date Last Documented: 1926-10
Location: Orient
NYS Protected: Endangered
Common Name: Woodland Agrimony
Scientific Name:Agrimonia rostellata
Date Last Documented: 1932-08-22
Location: Orient
NYS Protected: Threatened
Common Name: Short-fruit Rush
Scientific Name: Juncus brachycarpus
Date Last Documented: 1940-07-30
Location: Orient
NYS Protected: Endangered
Please contact the NYS Natural Heritage Program to determine if protected vegetation
species occur on site.
12. Page 3-9 Section 3.5 Wildlife
The DEIS does not include a discussion on the eastern box turtle, as a New York State-listed
species of Special Concern. The species requires some measure of protection to ensure that
the species does not become threatened. Species of special concern are protected wildlife
pursuant to Environmental Conservation Law section l 1-0103(5)(c).
Northern long-eared bat
Correspondence from DEC and the New York Natural Heritage Program (NYNHP) indicates
that no agency records currently exist for northern long-eared bat on the parcel, however, this
is not a definitive assessment on the current or future use of the site by the species. It is
27
SOUTHOLD TOWN PLANNING BOARD
recommended that Ms.Michelle Gibbons at the NYS DEC is contacted at 631-444-0306 to
determine if the habitat is suitable for the species habit. Please provide an assessment of
these species potential for occurring on or using the site.
13. Page 5-1 The DEIS states that the "The total estimated agricultural land lost by the proposed
construction is 1.12 acres(48,750 SQ.FT.). Based on the total property area of 13.3025 acres,
the agricultural land lost represents only approximately 8% of the total property area. The
remaining 92% of the subject property agricultural land shall be used for agricultural
purposes, bushes, trees, lawn, landscape areas, and natural vegetation."
This claim that the agricultural land lost by the proposed construction is 1.12 acres is not
correct. The total agricultural land lost is equal to the acreage of all the areas proposed for
development. Please provide the total estimated agricultural lands lost.
14. Page 6-1 Section 6-2 Preservation
The DEIS states that "The Preservation alternative would eliminate benefits provided by the
proposed project.A brief summary of the benefits that would be lost include:
1. Return fallow agricultural land to productive use."
This statement is not correct. The preservation of property by the Town or other
qualified entity does not preclude returning land to agriculture.
15. The Southold Town Comprehensive Plan was adopted in 2020. Please assess the project to
the document. Include an assessment on climate change and sea level rise.
16. Note that the Suffolk County GIS Viewer map SLOSH layer identifies the parcel as being
affected by a Category 3 and 4 Hurricane. The only area excluded from the mode] is the
southwest corner of the parcel. How will future potential flooding be addressed?
17. The subdivision design of the proposed action does not meet the Town Code subdivision
design requirements of Chapter 240. The des10-.11 proposes four separate driveways where the
code requires a single entrance via a new road. Chapter 240-45 B (15) states the following:
Except in a conservalion subdivision or open development area, subdivisions where more
than 300 feet of land fronis on a public sireel shall provide access to proposed lois by
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SOUTHOLD TOWN PLANNING BOARD
way of a new street. Multiple building lots and fronting of more than two building lots on
an existing street shall be prohibited.
In addition,the flag lots do not meet the standards set in the code. The flags are excessive in
length and the lots do not meet the minimum lot area of the zoning district. The flags appear
to be a means to circumvent a standard lot and street arrangement. See code section cited
below:
240-45 D. Flag lots. The Planning Board may permit a limited number offlag lots in a
residential subdivision plat,provided that they are well shaped, they are generally larger
than usual lots, their accessway is essentially straight and not excessive in length and
their arrangement will not create traffic difficulties on the street system and would not be
a means to circumvent a standard lot and street arrangement which might otherwise
result in a generally better platting of the subdivision and adjacent lands.
(1) To assure that the flag lot is of adequate size and shape, a flag lot located within
the residential zones shall contain at least the minimum lot area of the applicable
zoning district in which it is situated, within the bulk of the lot, exclusive of the
area contained in the flagpole access strip.
(2) In allowing flag lot arrangements in subdivision, the Planning Board may
require either a formal private lane or common access driveway to service such
lots and may require that such lanes or common access driveways be made part
of the improvements to be undertaken and made part of a performance bond.
(3) The Planning Board may adopt further policies or regulations to assure
compliance with these requirements, including design and legal specifications for
the creation of lanes and common access driveways over such flag lot
arrangements.
18. There doesn't appear to be enough mitigation proposed to avoid groundwater depletion, salt
water intrusion and groundwater pollution. Water usage is related to house size and the area
that is landscaped with plants that need frequent watering, including lawn area. In addition, if
agriculture is planned on the open space area, there will be even more groundwater depletion
fi-om irrigation. This needs more specific evaluation of anticipated water usage including
landscape and lawn irrigation, agricultural irrigation and household water use. Evaluate the
water usage impact on water quantity, quality, saltwater intrusion/upconing, effects on
neighboring wells. What mitigation will be provided for these impacts?
29
Nancy and Mark Ferraris
3585 Orchard Street♦ Orient NY 11957
nancyferraris@me.com ♦ 516.375.8149
January 11, 2021
Ms. Heather Lanza, Director
Town Planning Department
Town of Southold
Town Hall Annex Building - 54375 Route 25
P.O. Box 1179
Southold, NY 11971
Via Email: heather.lanza@town.southold.ny.us
mark.terry@ town.southold.ny.us
Re: Draft EIS for Subdivision Approval of
"The Orchards" - Dated August 2020
Proposed "Cluster" Subdivision"
2595 Orchard Street, Orient NY
SCTM # 1000-27- 1-3
Dear Director Lanza and Board Members:
The following is a supplement to our November 23, 2020 submission.
Since the last public hearing on December 7, 2020, we engaged an environmental
consulting firm, Equity Environmental Engineering LLC, to provide a preliminary
review of the water quality and quantity issues presented in the Draft EIS.1
The preliminary findings and outstanding concerns are as follows:
Water Quality: Groundwater Test Results in DEIS
1. Groundwater samples from 11/17/2015
a. Wells #1 and #2 were installed to a total depth of 42 feet below grade.
b. Neither Well #1 nor Well #2 showed exceedances of the Maximum
Contaminant Levels (MCLs) of any compounds.
'Equity Environmental Engineering LLC specializes in the identification and resolution of environmental
problems relating to property site selection and condition assessment, environmental assessment reviews
on the state and local level, geologic/hydrogeologic investigation and remediation of sites known or
suspected to be contaminated by hazardous materials, as well as engineering design, environmental
permitting, discharge prevention plans, and litigation support
Nancy and Mark Ferraris
2. Groundwater samples from 8/17/2017
a. Wells #1 and # 2 were installed to a total depth of 65 feet below grade.
b. Well #1 had nitrate concentrations in excess of the Suffolk County test
well standard of 6 mg/L, but below the MCL of 10 mg/L.
c. Well #2 had nitrate concentrations in excess of the Suffolk County test
well standard of 6 mg/L and in excess of the MCL of 10 mg/L (11.2 mg/L).
d. Well # 2 had an exceedance of the MCL (2.0 ug/L) of aldicarb sulfone (4.2
ug/L) and an aldicarb sulfoxide (6.0 ug/L) exceedance of the MCL of 4.0
ug/L.
e. Well #2 had a concentration of 1,2-dibromoethane that equaled the MCL
of 0.05 ug/L.
Outstanding Concerns:
• The DEIS proposes to treat the water by using a Point of Entry Treatment
System at the main water line that will require monitoring, and change out of
treatment units on a continuing basis. What will ensure that monitoring and
appropriate action will take place on a regular basis?
• Although some of the contaminant concentrations in the August 2017 sampling
event exceeded the Suffolk County Test Well Standard, most of them were below
the National Drinking Water Standard. However, with an increase in pumping to
accommodate the residential demand for the development, would higher
concentrations of contaminants be drawn into the wells?
Water Quantity: North Fork Aquifer Profile
1. USGS Reports Information on North Fork Groundwater Quantity 2
a. "Fresh ground water on the North Fork is contained within a series of four
hydraulically isolated freshwater flow systems that extend through the upper
glacial and Magothy aquifers. These freshwater flow systems are bounded
laterally by saltwater (in areas near the shore), and at depth by saline ground
water. The movement of fresh ground water in this area is controlled by the
Z Hydrogeologic Framework of the North Fork and Surrounding Areas, Long Island, New York Water-
Resources- Investigations Report 02-4284 prepared by USGS in cooperation with the Suffolk County
Water Authority(2004), Hydrogeologic-Setting Classification for Suffolk County, Long Island, New York
With Results of Selected Aquifer-Test Analyses by Richard A. Cartwright (1997), USGS Open File Report
96-457
Nancy and Mark Ferraris 2
hydraulic properties and boundary conditions of the freshwater flow systems, and
by the distribution of hydraulic head within and adjacent to them."
b. "The extent of fresh ground water on the North Fork is limited by the natural
hydrologic boundaries of the freshwater flow systems and, therefore, by the
hydraulic stresses that control the rate at which freshwater enters and exits the
system. Freshwater is separated from denser saltwater by a zone of diffusion at
the freshwater-saltwater interface, which acts as a relatively impermeable
boundary that moves gradually in response to changes in the balance between
recharge and discharge. The absence of any hydraulic connection to the
Greenport flow system or the Orient flow system indicates that freshwater within
these two flow systems can be replenished only through recharge from
precipitation. Freshwater above the lower confining unit is hydraulically
connected to freshwater beneath this unit in three areas—near Mattituck Creek,
southwest of James Creek, and near the northwestern shore of Flanders Bay—
where the lower confining unit is absent."
c. Freshwater-Salt Water Interface
"This hydrogeologic setting is restricted to the eastern forks of Long Island and
represents freshwater lenses that are bounded laterally and below by saltwater.
The freshwater lenses are isolated from the rest of Long Island's fresh
groundwater system and, therefore, have no adjacent freshwater source that
could provide recharge."
"The North Fork contains a series of freshwater lenses, that generally decrease
in thickness eastward. Thicknesses range from about 550 ft (Bohn-Buxton and
others, 1996) at the western end of the North Fork to about 90 ft (McNew and
Arav, 1995) near the eastern end and approach zero close to the shore."
"Under natural (non-pumping) conditions, the position of the freshwater/saltwater
interface represents a relatively static balance of fluid pressures of the freshwater
and the denser, underlying saltwater. The position of this interface can shift in
response to changes in pumping and other hydrologic stresses."
"Movement of the freshwater/saltwater interface results in a zone of diffusion,
and excessive withdrawals from public-supply wells can cause upconing of
saltwater and move the interface far enough inland to cause contamination of the
freshwater supply. The other major source of groundwater degradation in this
hydrogeologic setting is surface contaminants, especially pesticides and
fertilizers used on the many farms in this area; Soren and Stelz (1984) cited
widespread contamination by the highly toxic carbamate pesticide, aldicarb
(trademark TEMIK, Union Carbide Corp. 1) on the North and South Forks "
As is well known and documented, the hydrogeologic setting of the North Fork is
most vulnerable. With maximum water pumping from below ground, evidence of
salt water has begun to intrude into the aquifer. This situation is exacerbated by
the permanent water level shifts and global warming trends, as local ground
water tables are trending toward dropping permanently. Changing sea levels
Nancy and Mark Ferraris 3
due to global warming can be expected to affect coastal drinking water wells by
raising the level of salty water.
Based on the above information, determining the availability of groundwater in the area
through hydraulic testing is needed.
Outstanding Concerns
• The Draft EIS provides no evidence that hydraulic testing has been or is
scheduled to be performed. The purpose of the test is to determine the ability of
the aquifer to support the proposed pumping and to design the pump system that
is appropriate for the local conditions. The location of test should be on the
subject property in question.
• If the pump test shows that the available flow rate is less than that needed for the
development as proposed, restriction on the scope of the proposed development
will required and the proposed plan modified.
2. Agricultural Irrigation 3
The Draft EIS provides a NYS DEC letter dated July 30, 2018 provides for an
Irrigation Permit that allows pumping of groundwater from the surficial aquifer for
irrigation use. It states that: "Installation and operation of one (1) 6-inch diameter
irrigation well to a depth of 45 feet and equipped with a pumping capacity of 175
gallons per minute (gpm)". It also states that he Annual Pumpage is limited to 4
million gallons per calendar year.
Since there is no mention of conservation efforts in neither the SCHDS nor the
NYSDEC, it is undetermined as to whether these conditions are appropriate for this
subject site and the larger Orient and North Fork community.
Outstanding Concerns:
• Although the permit authorizes the capacity of 175 gpm, the Draft EIS does not
provide pump testing evidence that this capacity can be supported by the
groundwater supply, particularly with full build-out of the proposed plan combined
with aggressive, unrestricted, agricultural use of the open space designated as
part of Lot 1.
• Typically, irrigation pumping rates are higher than residential pumping rates,
putting greater stress on the aquifer, and potentially increasing the lowering of
the water table and saltwater intrusion. Furthermore, a dry season can make it
worse
3 NYS DEC Permit ID 1-4738-04435/00001- Modification # 1 Expiration Date 6/28/2027
Nancy and Mai-k Fen-aris 4
• The adjacent residential development proposed on the subject site as well as the
nearby homes will be negatively impacted for years to come if proper testing is
not required and if Open Space Conservation Easement does not provide
restrictions for use/activities, crop limitations, and the water-related issues.
Highlighting the shortcomings of the Draft EIS as it relates to water quality and quantity
is of the utmost importance. The Planning Board's evaluation of the Open Space
Conservation Easement will also be critical as it needs to address many issues that will
guide the subdivision and its impact on the community well into the future
This priority, along with the many other factors detailed in our November 23rd
submission, clearly supports the need for the Planning Board to demand better from the
Applicant.
Thank you very much for your consideration.
Respectfully submitted,
Nancy and Mark Ferraris
Nancy and Mark Fen-ans 5