HomeMy WebLinkAbout1000-75.-6-3.2 OFFICE LOCATION: q so(/j. MAILING ADDRESS:
Town Hall Annex lQ P.O. Box 1179
54375 State Route 25 Southold, NY 11971
(cor.Main Rd. &Youngs Ave.)
Southold, NY 11971 G • Q Telephone: 631765-1938
oounm,a�'
LOCAL WATERFRONT REVITALIZATION PROGRAM
TOWN OF SOUTHOLD
MEMORANDUM
To: -,,Glenn Goldsmith, President ,
Town•of.Southold Board of Trustees
From:- Mark Terry,— Assistant Town Planning Director
LWRP Coordinator
Date: March 16, 2021
Re: Local Waterfront Coastal Consistency Review for PATRICK & EVA FLANAGAN
SCTM# 1000-754=3.2
The proposed action is located within a:
1. New York State Department of State Significant Fish and Wildlife Habitat Area
2. New York State Critical Environmental Area— Richmond Creek and Beach
3. Peconic Estuary Critical Natural Resource Area
Wells Road end provides adequate public access to Richmond Creek for the launch of.,. .-
kayaks and other small vessels.
Michael Kimack on behalf of PATRICK & EVA FLANAGAN requests a Wetland Permit to
construct a 4'x80' fixed catwalk with Thru-Flow decking and staircase (320sq.ft.); construct a
4'x20' fixed dock(80sq.ft.) with Thru-Flow decking (400sq.ft. total). Located: 325 Wells Road,
Peconic. SCTM# 1000-75-6-3.2
The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the
Town of Southold Town Code and the Local Waterfront Revitalization-Program (LWRP) Policy
Standards. Based upon the information provided on the LWRP Consistency Assessment Form
submitted to this department, as well as the records available to me, it is my recommendation
that the action is INCONSISTENT with the Policy Standards and therefore is INCONSISTENT
with the LWRP.
This parcel was created in the Standard Subdivision of John Scott SCTM#1000 75.-6-3
Due to environmental sensitivity of Richmond Creek, the Planning Board required certain
protective clauses (8, 9 and 10) filed in a Covenant and Restriction to establish a 50' wide non-
disturbance buffer. Access to a dock structure on the parcel cannot be achieved through
the 50' wide non-disturbance buffer.
(8) The Declarant covenants that a 50 foot Non
Disturbance/non-fertilization Vegetation buffer area is depicted on
Lots 1, 2 and 3. It is hereby understood that the 50 foot Non
Disturbance/non-fertilization Vegetation buffer area is intended to
preserve the existing trees and natural growth. Vegetation within
this area shall remain in its natural state in perpetuity.
Permitted activities within the buffer are limited to the removal
of dead, diseased treed that are hazardous to lift- or property.
Notwithstanding the above, the Non Disturbance/non-fertilization
Vegetation buffer area may be supplemented with additional native
vegetation subject to review and approval of the Southold Town
Planning Board and Southold Town Trustees pursuant to Town Code
275-3.
(9) There shall be no disturbance of any kind (i.e. mowing,
clearing, grading) within the 50 foot Non Disturbance/non-
fertilization Vegetation buffer area, except as provided herein.
This includes, but is not limited to, the prohibition of structures
or clearing of anv kind, except to establish a 4 foot wide
unimproved, natural access path located within the 10 foot
pedestrian access easement on Lot 3. Pursuant to Chapter 275
Wetlands and Shorelines; the access path must be reviewed by the
Southold Town Trustees and other jurisdictional agencies. No
grading or changes to the natural contours of the land shall be
permitted within this area.
(10) Landward of the 50 foot buffer, shown on the filed map he
Declarant is permitted to undertake seasonal mowing (farm cut) to
control seasonal growth of such noxious plants as briers and poison
ivy. As stated in Clause 9 above, this 50 foot buffer is to remain
in an "undisturbed buffer", therefore mowing, clearing or grading
is not a permitted activity.
Further locating a dock in this area is INCONSISTENT with the following LWRP policies:
Policy 6. Protect and restore the quality and function of the Town of Southold ecosystem
The upper reach of Richmond Creek has extreme shallow water conditions that could not
support a dock structure for mooring and use of vessels that would require one. Note that
small manual powered vessels (kayaks and canoes) do not require dock structures for
launching and retrieving. The Town of Southold offers numerous public locations and
waterfront access points for launching of these types of vessels.
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6.3 Protect and restore tidal and freshwater wetlands.
The proposed action is located within a New York State Critical Environmental Area. At
the discretion of the Board of Trustees, any operations proposed in critical environmental
areas (§ 275-2) may be subject to more stringent requirements than detailed in this
section. Such requirements may include, but are not limited to, denial of certain
operations, shortening or reducing the size of structures, and increasing the width of
non-disturbance buffers.
The need to construct a dock into an ecologically sensitive New York State Critical
Environmental Area with no to highly restricted navigability during tidal regimes is
unsupported and inconsistent with this policy.
As indicated above the dock is also proposed within a New York State Coastal Fish and
Wildlife Habitat Area. When establishing this area, the NYSDOS assesses the
ecological significance and publishes an accompanying form.
The NYSDOS COASTAL FISH &WILDLIFE HABITAT ASSESSMENT FORM states:
"Unrestricted use of motorized vessels including personal watercraft in the
protected, shallow waters...tidal creeks can have adverse effects on
aquatic vegetation and fish and wildlife populations."
There is no to little ability to control the operation of a vessel in this area and repetitive,
adverse impacts from the operation of a vessel are expected. There is no to little ability
to control what type of vessel is moored at a dock either temporarily or long term.
Richmond Creek water quality shows evidence of decline due to anthropogenic
influences (see 2020 Google Earth Aerial Photo). The photo shows that algal blooms
harmful to shellfish and fish species are occurring in the upper reach of the water body.
Docks in this area could alter tidal flow; damage marine species habitat, effect wildlife
use and introduce pollutants in low flushing areas capable of further impacting water
quality.
The NYSDOS COASTAL FISH & WILDLIFE HABITAT ASSESSMENT FORM states:
"Any activity that would substantially degrade the water quality of
Richmond Creek would adversely affect the biological productivity of this
area. All species of fish and wildlife are affected by water pollution, such
as chemical contamination (including food chain effects as a result of
bioaccumulation), oil spills, sedimentation, excessive turbidity, stormwater
runoff, and waste disposal(including boat wastes). Impacts to water
quality in the creek should be minimized or eliminated to enhance locally
important shellfish and crustacean populations. Barriers to fish migration,
whether physical or chemical would have a major impact on the fisheries in
Richmond Creek."
Due to the high-quality marine wetlands and other habitats of Richmond Creek,
moderate, cumulative impacts from the placement of docks in areas with physical
conditions that do not support them (extreme shallow water conditions, low flushing
conditions, concerning water quality conditions etc.) are expected.
Impacts to finfish, shellfish and crustaceans and their habitats are also expected from
the construction and use of a dock structure. There is a high probability that
commercially valuable shellfish species occur in the proposed location of the dock
structure.
The NYSDOS COASTAL FISH &WILDLIFE HABITAT ASSESSMENT FORM states:
"Richmond Creek is also a productive habitat for finfish, shellfish and
crustaceans, including blue claw crabs, clams and scallops. The creek is
one of the top two creeks for crabbing in the town and is also important for
clamming."
The proposal to construct a dock in this location is inconsistent with this policy.
9.3 Preserve the public interest in and use of lands and waters held in public trust by the
state and the Town of Southold.
A. Limit grants, leases, easements, permits or lesser interest in lands underwater in
accordance with an assessment of potential adverse impacts of the proposed
use, structure, or facility on public interest in public lands under water.
A net loss in public use of waterways is expected as a result of a dock in/on
public waterways. The construction of this proposed, private residential dock
structure on public trust lands and/or waters would result in a net loss of public
recreational use of such waters.
Waterfront access is available to the landowner. Wells Road end provides
adequate waterfront access to Richmond Creek for the launch of kayaks
and other small vessels (See photo of road end below).
The proposal to construct a dock in this location is inconsistent with this policy.
Potential cumulative, moderate, adverse environmental impacts (repetitive) to a
Significant Coastal Fish and Wildlife Habitat Area, NYSDEC Critical Environmental Area
and high value tidal wetlands over short and long duration are expected due to:
1. Adverse impacts to water quality with an increase in turbidity and introduction of
pollutants;
a. from introduction of materials, expected low flushing rates and
inadequate, extreme shallow water depths in the area, and
b. from the construction and the repeated suspension of sediments from
operation of vessels.
2. Adverse impacts to marine species (finfish, shellfish and crustaceans) and
habitats due to inadequate, extreme shallow water depths, construction of the
dock and potential repetitive bottom scarring from the operation of a vessel;
3. The interruption of tidal flow from the introduction of structure in the narrow,
upper reach of this creek.
4. Impacts to high quality tidal wetlands (low and high marsh) through the
construction of the dock and potentially accessing the dock.
5. Adverse impacts hindering and limiting public recreational user groups in public
trust waters by locating a private structure in such waters.
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Full Environmental Assessment Form ® E " E 9 WE
Part 1 -Project and Setting a I
Instructions for Completing Part 1 L_
EEB 19 2021
Part I is to be completed by the applicant or project sponsor. Responses become part of theapplicatioi;R60�PLI$aTQW(bnding,
are subject to public review,and may be subject to further verification. I Board of Trustees
Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond to
any item,please answer as thoroughly as possible based on current information; indicate whether missing information does not exist,
or is not reasonably available to the sponsor;and,when possible,generally describe work or studies which would be necessary to
update or fully develop that information.
Applicants/sponsors must complete all items in Sections A&B. In Sections C,D&E,most items contain an initial question that
must be answered either"Yes"or"No". If the answer to the initial question is"Yes",complete the sub-questions t l)w-
answer to the initial question is"No",proceed to the next question. Section F allows the project sponsor to
additional information. Section G requires the name and signature of the project sponsor to verify that th i4t i gb
Part I is accurate and complete.
A. Project and Sponsor Information.
MAR 0 2021
Name of Action or Project: Board
Patrick and Eva Flanagan Planning
Project Location(describe,and attach a general location map):
325 Wells Road,Peconic
Brief Description of Proposed Action(include purpose or need):
To construct a 4 ft x 80 ft elevated fixed walkway w/thru flow decking and staircase(320 SF) Construct a 4 ft x 20 ft fixed dock(80 SF)w/thru flow
decking The purpose is to provide access to Richmond Creek for the purpose of safe and convenient kayaking.The present conditions are not conducive
to reasonable ingress and egress to Richmond Creek without the walkway/dock
Name of Applicant/Sponsor: Telephone:516-658-6807
Michael A Kimack E-Mail:
mkimack2@venzon net
Address:P O.Box 1047
City/PO:Southold State:N.Y. Zip Code:11971
Project Contact(if not same as sponsor;give name and title/role). Telephone:
E-Mail:
Address:
City/PO: State: Zip Code:
Property Owner (if not same as sponsor): Telephone: 631-875-8726
Patrick and Eva Flanagan E-Mail: norman@normankeilnurseries com
Address:
7 Emerald Woods
City/PO: Tarrytown State: N.Y
Zip Code:10591
Page 1 of 13
B.Government Approvals
B.Government Approvals,Funding,or Sponsorship. ("Funding"includes grants, loans,tax relief,and any other forms of financial
assistance.)
Government Entity If Yes: Identify Agency and Approval(s) Application Date
Required (Actual or projected)
a.City Council,Town Board, ®Yes❑No Southold Town Trustees September,2020
or Village Board of Trustees
b.City,Town or Village ❑YesmNo
Planning Board or Commission
c. City Council,Town or ❑YesmNo
Village Zoning Board of Appeals
d.Other local agencies ❑YesmNo
e. County agencies ❑YesmNo
f.Regional agencies ❑YesmNo
g. State agencies mYes❑No NYSDEC Approved De 8,2020 ID
1-4738-04451/00003
h.Federal agencies ❑YesmNo
i. Coastal Resources.
i. Is the project site within a Coastal Area,or the waterfront area of a Designated Inland Waterway? ❑Yes VIM
ii. Is the project site located in a community with an approved Local Waterfront Revitalization Program? ®Yes❑No
iii. Is the project site within a Coastal Erosion Hazard Area? ❑YesmNo
C.Planning and Zoning
C.I. Planning and zoning actions.
Will administrative or legislative adoption,or amendment of a plan, local law,ordinance,rule or regulation be the ❑Yes®No
only approval(s)which must be granted to enable the proposed action to proceed?
• If Yes,complete sections C,F and G.
• If No,proceed to question C.2 and complete all remaining sections and questions in Part 1
C.2.Adopted land use plans.
a Do any municipally-adopted (city,town,village or county)comprehensive land use plan(s) include the site ❑YesmNo
where the proposed action would be located?
If Yes,does the comprehensive plan include specific recommendations for the site where the proposed action ❑Yes❑No
would be located?
b.Is the site of the proposed action within any local or regional special planning district(for example: Greenway ❑YesmNo
Brownfield Opportunity Area(BOA);designated State or Federal heritage area;watershed management plan;
or other?)
If Yes,identify the plan(s):
c. Is the proposed action located wholly or partially within an area listed in an adopted municipal open space plan, ❑YesmNo
or an adopted municipal farmland protection plan?
If Yes, identify the plan(s):
Page 2 of 13
C.3. Zoning
a. Is the site of the proposed action located in a municipality with an adopted zoning law or ordinance. Yes[]No
If Yes,what is the zoning classification(s)including any applicable overlay district?
R-80
b. Is the use permitted or allowed by a special or conditional use permit? ❑Yes®No
c. Is a zoning change requested as part of the proposed action? ❑Yes®No
If Yes,
i What is the proposed new zoning for the site?
CA. Existing community services.
a. In what school district is the project site located? Southold School District
b.What police or other public protection forces serve the project site?
Southold Police Department
c.Which fire protection and emergency medical services serve the project site?
Southold Fire Department and EMS
d. What parks serve the project site?
None
D. Project Details
D.I. Proposed and Potential Development
a. What is the general nature of the proposed action(e.g.,residential,industrial,commercial,recreational; if mixed, include all
components)? Residential
b. a.Total acreage of the site of the proposed action? 2 439 acres
b.Total acreage to be physically disturbed? 0 008 acres
c.Total acreage(project site and any contiguous properties)owned
or controlled by the applicant or project sponsor? 2 439 acres
c. Is the proposed action an expansion of an existing project or use? ❑Yes®No
i. If Yes,what is the approximate percentage of the proposed expansion and identify the units(e.g.,acres,miles,housing units,
square feet)? % N/A Units: N/A
d. Is the proposed action a subdivision,or does it include a subdivision? ❑Yes®No
If Yes,
i Purpose or type of subdivision?(e.g.,residential,industrial,commercial; if mixed,specify types)
aa. Is a cluster/conservation layout proposed? ❑Yes®No
iia. Number of lots proposed? None
iv Minimum and maximum proposed lot sizes? Minimum None Maximum None
e. Will proposed action be constructed in multiple phases? ❑Yes®No
a If No,anticipated period of construction: 1 months
d If Yes:
• Total number of phases anticipated 1
• Anticipated commencement date of phase 1 (including demolition) April month 2021 year
• Anticipated completion date of final phase April month 2021 year
• Generally describe connections or relationships among phases, including any contingencies where progress of one phase may
determine timing or duration of future phases:
Page 3 of 13
f.Does the project include new residential uses? ❑Yes®No
If Yes,show numbers of units proposed.
One Family Two Family Three Family Multiple Family four or more
Initial Phase
At completion
of all phases
g.Does the proposed action include new non-residential construction(including expansions)? ❑Yes®No
If Yes,
i.Total number of structures
ii Dimensions(in feet)of largest proposed structure: height; width; and length
iii. Approximate extent of building space to be heated or cooled: square feet
h.Does the proposed action include construction or other activities that will result in the impoundment of any ❑Yes®No
liquids,such as creation of a water supply,reservoir, pond,lake,waste lagoon or other storage?
If Yes,
i. Purpose of the impoundment:
h If a water impoundment,the principal source of the water: ❑ Ground water❑Surface water streams ❑Other specify:
iu. If other than water, identify the type of impounded/contained liquids and their source.
iv Approximate size of the proposed impoundment. Volume: million gallons;surface area: acres
v Dimensions of the proposed dam or impounding structure: height; length
vi Construction method/materials for the proposed dam or impounding structure(e.g.,earth fill,rock,wood,concrete):
D.2. Project Operations
a. Does the proposed action include any excavation,mining,or dredging,during construction,operations,or both? ❑Yes®No
(Not including general site preparation,grading or installation of utilities or foundations where all excavated
materials will remain onsite)
If Yes:
r What is the purpose of the excavation or dredging?
ii How much material(including rock, earth,sediments,etc.) is proposed to be removed from the site?
• Volume(specify tons or cubic yards):
• Over what duration of time?
iii Describe nature and characteristics of materials to be excavated or dredged,and plans to use,manage or dispose of them.
iv. Will there be onsite dewatering or processing of excavated materials? ❑Yes No
If yes,describe.
v What is the total area to be dredged or excavated? NIA acres
vi What is the maximum area to be worked at any one time? N/A acres
vii What would be the maximum depth of excavation or dredging? N/A feet
viii. Will the excavation require blasting? ❑Yes®No
ix. Summarize site reclamation goals and plan:
b. Would the proposed action cause or result in alteration of, increase or decrease in size of,or encroachment ®Yes❑No
into any existing wetland,waterbody,shoreline,beach or adjacent area?
If Yes:
i. Identify the wetland or waterbody which would be affected(by name,water index number,wetland map number or geographic
description):Richmond Creek
Page 4 of 13
ii Describe how the proposed action would affect that waterbody or wetland,e.g, excavation,fill,placement of structures,or
alteration of channels,banks and shorelines. Indicate extent of activities,alterations and additions in square feet or acres:
There would be minimal impact on the Tidal Wetland as the proposed posts will be 4"x 4"green heart to present minimum footprints
and the proposed dock is within the 25% creek width at low tides The proposed dock location would provide approx 1 5 feet of water
depth at low tide
iii Will proposed action cause or result in disturbance to bottom sediments? ®Yes❑No
If Yes,describe:The placement of the posts will rersult in temporary turbidity which should dissipate with the next tide
iv. Will proposed action cause or result in the destruction or removal of aquatic vegetation? ❑Yes®No
If Yes:
• acres of aquatic vegetation proposed to be removed: None
• expected acreage of aquatic vegetation remaining after project completion:No change to area of existing vegetation
• purpose of proposed removal(e.g.beach clearing,invasive species control,boat access):
N/A
• proposed method of plant removal: None
• if chemical/herbicide treatment will be used,specify product(s): N/A
v Describe any proposed reclamation/mitigation following disturbance:
The placement of posts will cause minimal distubance which will be temporary in nature
c.Will the proposed action use,or create a new demand for water? ❑Yes ONo
If Yes:
L Total anticipated water usage/demand per day: N/A gallons/day
it Will the proposed action obtain water from an existing public water supply? ❑Yes ONo
If Yes:
• Name of district or service area: N/A
• Does the existing public water supply have capacity to serve the proposal? ❑Yes❑No
• Is the project site in the existing district? ❑Yes❑No
• Is expansion of the district needed? ❑Yes❑No
• Do existing lines serve the project site? ❑Yes El No
lit Will line extension within an existing district be necessary to supply the project? ❑Yes❑No
If Yes:
• Describe extensions or capacity expansions proposed to serve this project:
N/A
• Source(s)of supply for the district: N/A
iv Is a new water supply district or service area proposed to be formed to serve the project site? ❑ Yes®No
If,Yes:
• Applicant/sponsor for new district:
• Date application submitted or anticipated:
• Proposed source(s)of supply for new district:
v If a public water supply will not be used,describe plans to provide water supply for the project:
vi.If water supply will be from wells(public or private),maximum pumping capacity: N/A gallons/minute.
d. Will the proposed action generate liquid wastes? ❑Yes ONo
If Yes:
i Total anticipated liquid waste generation per day: gallons/day
it Nature of liquid wastes to be generated(e.g.,sanitary wastewater,industrial; if combination,describe all components and
approximate volumes or proportions of each):
iii Will the proposed action use any existing public wastewater treatment facilities? ❑Yes®No
If Yes:
• Name of wastewater treatment plant to be used:
• Name of district:
• Does the existing wastewater treatment plant have capacity to serve the project? ❑Yes❑No
• Is the project site in the existing district? ❑Yes❑No
• Is expansion of the district needed? El Yes❑No
Page 5 of 13
• Do existing sewer lines serve the project site? ❑Yes®No
• Will line extension within an existing district be necessary to serve the project? ❑Yes®No
If Yes:
• Describe extensions or capacity expansions proposed to serve this project:
iv Will a new wastewater(sewage)treatment district be formed to serve the project site? ❑Yes®No
If Yes:
• Applicant/sponsor for new district:
• Date application submitted or anticipated:
• What is the receiving water for the wastewater discharge?
v. If public facilities will not be used,describe plans to provide wastewater treatment for the project, including specifying proposed
receiving water(name and classification if surface discharge,or describe subsurface disposal plans):
vi Describe any plans or designs to capture,recycle or reuse liquid waste:
e.Will the proposed action disturb more than one acre and create stormwater runoff,either from new point ❑Yes®No
sources(i.e.ditches,pipes,swales,curbs,gutters or other concentrated flows of stormwater)or non-point
source(i.e.sheet flow)during construction or post construction?
If Yes:
i How much impervious surface will the project create in relation to total size of project parcel?
Square feet or acres(impervious surface)
Square feet or acres(parcel size)
ii Describe types of new point sources.None
iii. Where will the stormwater runoff be directed(i.e.on-site stormwater management facility/structures,adjacent properties,
groundwater,on-site surface water or off-site surface waters)?
N/A
• If to surface waters, identify receiving water bodies or wetlands:
N/A
• Will stormwater runoff flow to adjacent properties? ❑Yes®No
iv. Does proposed plan minimize impervious surfaces,use pervious materials or collect and re-use stormwater? ❑Yes®No
f. Does the proposed action include,or will it use on-site,one or more sources of air emissions, including fuel ❑Yes®No
combustion,waste incineration,or other processes or operations?
If Yes, identify:
i.Mobile sources during project operations(e.g.,heavy equipment,fleet or delivery vehicles)
ii Stationary sources during construction(e.g.,power generation,structural heating,batch plant,crushers)
in Stationary sources during operations(e.g.,process emissions, large boilers,electric generation)
g. Will any air emission sources named in D.2.f(above),require a NY State Air Registration,Air Facility Permit, ❑Yes®No
or Federal Clean Air Act Title IV or Title V Permit?
If Yes:
i Is the project site located in an Air quality non-attainment area? (Area routinely or periodically fails to meet ❑Yes®No
ambient air quality standards for all or some parts of the year)
ii In addition to emissions as calculated in the application,the project will generate:
• Tons/year(short tons)of Carbon Dioxide(CO2)
• Tons/year(short tons)of Nitrous Oxide(N20)
• Tons/year(short tons)of Perfluorocarbons(PFCs)
• Tons/year(short tons)of Sulfur Hexafluoride(SF6)
• Tons/year(short tons)of Carbon Dioxide equivalent of Hydroflourocarbons(HFCs)
• Tons/year(short tons)of Hazardous Air Pollutants(HAPs)
Page 6 of 13
h. Will the proposed action generate or emit methane(including,but not limited to,sewage treatment plants, ❑Yes®No
landfills,composting facilities)?
If Yes:
i Estimate methane generation in tons/year(metric):
h. Describe any methane capture,control or elimination measures included in project design(e.g.,combustion to generate heat or
electricity, flaring):
i.Will the proposed action result in the release of air pollutants from open-air operations or processes,such as ❑Yes®No
quarry or landfill operations?
If Yes:Describe operations and nature of emissions(e.g.,diesel exhaust,rock particulates/dust):
j.Will the proposed action result in a substantial increase in traffic above present levels or generate substantial ❑Yes®No
new demand for transportation facilities or services?
If Yes:
i. When is the peak traffic expected(Check all that apply): ❑Morning ❑Evening ❑Weekend
❑Randomly between hours of to
ii. For commercial activities only,projected number of semi-trailer truck trips/day:
W. Parking spaces: Existing Proposed Net increase/decrease
iv Does the proposed action include any shared use parking? ❑Yes®No
v. If the proposed action includes any modification of existing roads,creation of new roads or change in existing access,describe:
vi. Are public/private transportation service(s)or facilities available within %mile of the proposed site? ❑Yes®No
vii Will the proposed action include access to public transportation or accommodations for use of hybrid,electric ❑Yes®No
or other alternative fueled vehicles?
viii.Will the proposed action include plans for pedestrian or bicycle accommodations for connections to existing ❑Yes®No
pedestrian or bicycle routes?
k. Will the proposed action(for commercial or industrial projects only)generate new or additional demand ❑Yes❑No
for energy?
If Yes:
i. Estimate annual electricity demand during operation of the proposed action:
N/A
u. Anticipated sources/suppliers of electricity for the project(e.g.,on-site combustion,on-site renewable,via grid/local utility,or
other):
N/A
iii Will the proposed action require a new,or an upgrade to,an existing substation? ❑Yes❑No
I.Hours of operation. Answer all items which apply.
i. During Construction: ii During Operations:
• Monday-Friday: 7.00 AM to 5 00 PM • Monday-Friday: 7.00 AM to 9 00 PM
• Saturday: 7.00 AM to 5 00 PM • Saturday: 7.00 AM to 9 00 PM
• Sunday: 0 Sunday:
• Holidays: • Holidays:
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m. Will the proposed action produce noise that will exceed existing ambient noise levels during construction, ❑Yes®No
operation,or both?
If yes:
i. Provide details including sources,time of day and duration:
N/A
H. Will proposed action remove existing natural barriers that could act as a noise barrier or screen? ❑Yes❑No
Describe:N/A
n. Will the proposed action have outdoor lighting? ❑Yes®No
If yes:
i Describe source(s), location(s),height of fixture(s),direction/aim,and proximity to nearest occupied structures:
_Approx 165 feet from elevated pool surround
u. Will proposed action remove existing natural barriers that could act as a light barrier or screen? ❑Yes®No
Describe:
o Does the proposed action have the potential to produce odors for more than one hour per day? ❑Yes®No
If Yes,describe possible sources,potential frequency and duration of odor emissions,and proximity to nearest
occupied structures:
p Will the proposed action include any bulk storage of petroleum(combined capacity of over 1,100 gallons) ❑Yes®No
or chemical products 185 gallons in above ground storage or any amount in underground storage?
If Yes:
i Product(s)to be stored
ii Volume(s) per unit time (e.g.,month,year)
iii Generally describe proposed storage facilities:
q. Will the proposed action(commercial, industrial and recreational projects only)use pesticides(i.e.,herbicides, ❑Yes ®No
insecticides)during construction or operation?
If Yes:
i Describe proposed treatment(s):
N/A
ii Will the proposed action use Integrated Pest Management Practices? ❑ Yes ®No
r. Will the proposed action(commercial or industrial projects only)involve or require the management or disposal ❑ Yes []No
of solid waste(excluding hazardous materials)?
If Yes:
i Describe any solid waste(s)to be generated during construction or operation of the facility:
• Construction: tons per (unit of time)
• Operation : tons per (unit of time)
ii Describe any proposals for on-site minimization,recycling or reuse of materials to avoid disposal as solid waste:
• Construction:
• Operation:
W. Proposed disposal methods/facilities for solid waste generated on-site:
• Construction:
• Operation:
Page 8 of 13
s.Does the proposed action include construction or modification of a solid waste management facility? ❑ Yes® No
If Yes:
i Type of management or handling of waste proposed for the site(e.g.,recycling or transfer station,composting,landfill,or
other disposal activities):
u Anticipated rate of disposal/processing:
• Tons/month, if transfer or other non-combustion/thermal treatment,or
• Tons/hour, if combustion or thermal treatment
iii. If landfill,anticipated site life: years
t. Will proposed action at the site involve the commercial generation,treatment,storage,or disposal of hazardous ❑Yes®No
waste?
If Yes:
i Name(s)of all hazardous wastes or constituents to be generated,handled or managed at facility:
ii Generally describe processes or activities involving hazardous wastes or constituents:
W. Specify amount to be handled or generated tons/month
iv Describe any proposals for on-site minimization,recycling or reuse of hazardous constituents:
v. Will any hazardous wastes be disposed at an existing offsite hazardous waste facility? E—Yes[!No
If Yes:provide name and location of facility:
If No:describe proposed management of any hazardous wastes which will not be sent to a hazardous waste facility:
N/A
E.Site and Setting of Proposed Action
E.I. Land uses on and surrounding the project site
a.Existing land uses.
i Check all uses that occur on,adjoining and near the project site.
❑ Urban ❑ Industrial ❑ Commercial ® Residential(suburban) ❑ Rural(non-farm)
❑ Forest ❑ Agriculture ❑ Aquatic ❑ Other(specify):
ii If mix of uses,generally describe:
b.Land uses and covertypes on the project site.
Land use or Current Acreage After Change
Covertype Acreage Project Completion (Acres+/-)
• Roads,buildings,and other paved or impervious
surfaces 2 439 2 439 0
• Forested 0 0 0
• Meadows,grasslands or brushlands(non-
agricultural, including abandoned agricultural) 0 0 0
• Agricultural 0 0 0
(includes active orchards,field,greenhouse etc.)
• Surface water features
(lakes, ponds,streams, rivers,etc.) 0 0 0
• Wetlands(freshwater or tidal) 0.60 060 0
• Non-vegetated(bare rock,earth or fill) 0 0 0
• Other
Describe: Upland Area 1 839 1 839 0
Page 9 of 13
c.Is the project site presently used by members of the community for public recreation? ❑Yes[Z]No
i If Yes:explain:
d.Are there any facilities serving children,the elderly,people with disabilities(e.g.,schools,hospitals, licensed ❑Yes®No
day care centers,or group homes)within 1500 feet of the project site?
If Yes,
i Identify Facilities:
e.Does the project site contain an existing dam? ❑Yes®No
If Yes:
i Dimensions of the dam and impoundment:
• Dam height: feet
• Dam length: feet
• Surface area: acres
• Volume impounded: gallons OR acre-feet
ii Dam's existing hazard classification:
m Provide date and summarize results of last inspection:
f. Has the project site ever been used as a municipal,commercial or industrial solid waste management facility, ❑Yes®No
or does the project site adjoin property which is now, or was at one time,used as a solid waste management facility?
If Yes:
i Has the facility been formally closed? ❑Yes❑ No
• If yes,cite sources/documentation:
d Describe the location of the project site relative to the boundaries of the solid waste management facility:
iii Describe any development constraints due to the prior solid waste activities:
g.Have hazardous wastes been generated,treated and/or disposed of at the site,or does the project site adjoin ❑Yes®No
property which is now or was at one time used to commercially treat,store and/or dispose of hazardous waste?
If Yes:
i Describe waste(s)handled and waste management activities,including approximate time when activities occurred:
h. Potential contamination history. Has there been a reported spill at the proposed project site,or have any ❑Yes® No
remedial actions been conducted at or adjacent to the proposed site?
If Yes:
i. Is any portion of the site listed on the NYSDEC Spills Incidents database or Environmental Site ❑Yes®No
Remediation database? Check all that apply:
❑ Yes—Spills Incidents database Provide DEC ID number(s):
❑ Yes—Environmental Site Remediation database Provide DEC ID number(s):
❑ Neither database
ii If site has been subject of RCRA corrective activities,describe control measures:
iii Is the project within 2000 feet of any site in the NYSDEC Environmental Site Remediation database? ❑Yes®No
If yes,provide DEC ID number(s):
iv If yes to(i),(ii)or(iii)above,describe current status of site(s):
Page 10 of 13
v. Is the project site subject to an institutional control limiting property uses? ❑Yes®No
• If yes, DEC site ID number:
• Describe the type of institutional control(e.g.,deed restriction or easement):
• Describe any use limitations:
• Describe any engineering controls:
• Will the project affect the institutional or engineering controls in place? ❑Yes®No
• Explain:
E.2. Natural Resources On or Near Project Site
a What is the average depth to bedrock on the project site? Unknown feet
b.Are there bedrock outcroppings on the project site? ❑Yes®No
If Yes,what proportion of the site is comprised of bedrock outcroppings? %
c.Predominant soil type(s)present on project site: Brown fine medium sand 100 %
d. What is the average depth to the water table on the project site? Average: one(1) feet
e. Drainage status of project site soils:❑ Well Drained: %of site
® Moderately Well Drained: 100%of site
❑ Poorly Drained %of site
f.Approximate proportion of proposed action site with slopes: ® 0-10%: 100 %of site
❑ 10-15%: %of site
[115%or greater: %of site
g.Are there any unique geologic features on the project site? ❑Yes®No
If Yes,describe:
h.Surface water features.
i Does any portion of the project site contain wetlands or other waterbodies(including streams,rivers, ®Yes❑No
ponds or lakes)?
ii. Do any wetlands or other waterbodies adjoin the project site? ®Yes❑No
If Yes to either i or ii,continue. If No,skip to E.2.i.
iii. Are any of the wetlands or waterbodies within or adjoining the project site regulated by any federal, ®Yes❑No
state or local agency?
iv. For each identified regulated wetland and waterbody on the project site,provide the following information:
• Streams. Name Richmond Creek Classification
• Lakes or Ponds: Name Classification
• Wetlands: Name Unknown
Approximate Size 26,235 sq ft
• Wetland No. (if regulated by DEC)
v Are any of the above water bodies listed in the most recent compilation of NYS water quality-impaired ❑Yes®No
waterbodies?
If yes,name of impaired water body/bodies and basis for listing as impaired:
i. Is the project site in a designated Floodway? ®Yes❑No
j. Is the project site in the 100 year Floodplain? ®Yes❑No
k.Is the project site in the 500 year Floodplain? ®Yes❑No
I. Is the project site located over,or immediately adjoining,a primary,principal or sole source aquifer? ❑YesZNo
If Yes:
i Name of aquifer:
Page 11 of 13
in. Identify the predominant wildlife species that occupy or use the project site:
Deer,ducks,geese
n.Does the project site contain a designated significant natural community? ❑Yes,ONo
If Yes:
i Describe the habitat/community(composition,function,and basis for designation):
ii Source(s)of description or evaluation:
iii Extent of community/habitat:
• Currently: acres
• Following completion of project as proposed: acres
• Gain or loss(indicate+or-): acres
o.Does project site contain any species of plant or animal that is listed by the federal government or NYS as ❑Yes®No
endangered or threatened,or does it contain any areas identified as habitat for an endangered or threatened species?
p. Does the project site contain any species of plant or animal that is listed by NYS as rare,or as a species of ❑Yes®No
special concern?
G. Is the project site or adjoining area currently used for hunting,trapping,fishing or shell fishing? ❑Yes®No
If yes,give a brief description of how the proposed action may affect that use:
E.3. Designated Public Resources On or Near Project Site
a. Is the project site,or any portion of it,located in a designated agricultural district certified pursuant to ❑Yes®No
Agriculture and Markets Law,Article 25-AA, Section 303 and 304?
If Yes, provide county plus district name/number:
b.Are agricultural lands consisting of highly productive soils present? ❑Yes®No
i If Yes: acreage(s)on project site?
ii Source(s)of soil rating(s):
c. Does the project site contain all or part of,or is it substantially contiguous to,a registered National ❑Yes®No
Natural Landmark?
If Yes:
i Nature of the natural landmark: ❑Biological Community ❑ Geological Feature
ii Provide brief description of landmark, including values behind designation and approximate size/extent:
d. Is the project site located in or does it adjoin a state listed Critical Environmental Area? ❑Yesg]No
If Yes:
i. CEA name:
ii Basis for designation:
iii Designating agency and date:
Page 12 of 13
e. Does the project site contain,or is it substantially contiguous to,a building,archaeological site,or district ❑Yes®No
which is listed on,or has been nominated by the NYS Board of Historic Preservation for inclusion on,the
State or National Register of Historic Places?
If Yes:
i Nature of historic/archaeological resource: El Archaeological Site ❑Historic Building or District
u Name:
iii Brief description of attributes on which listing is based:
f. Is the project site,or any portion of it, located in or adjacent to an area designated as sensitive for ❑Yes®No
archaeological sites on the NY State Historic Preservation Office(SHPO)archaeological site inventory?
g. Have additional archaeological or historic site(s)or resources been identified on the project site? ❑Yes®No
If Yes:
i. Describe possible resource(s):
ii Basis for identification:
h.Is the project site within fives miles of any officially designated and publicly accessible federal,state,or local ❑Yes®No
scenic or aesthetic resource?
If Yes:
i Identify resource:
ii Nature of,or basis for,designation(e.g.,established highway overlook,state or local park,state historic trail or scenic byway,
etc.):
iii Distance between project and resource: miles.
i. Is the project site located within a designated river corridor under the Wild, Scenic and Recreational Rivers ❑Yes®No
Program 6 NYCRR 666?
If Yes:
i Identify the name of the river and its designation:
ii Is the activity consistent with development restrictions contained in 6NYCRR Part 666? ❑Yes❑No
F.Additional Information
Attach any additional information which may be needed to clarify your project.
If you have identified any adverse impacts which could be associated with your proposal,please describe those impacts plus any
measures which you propose to avoid or minimize them.
G. Verification
I certify that the information provided is true to the best of my knowledge.
Applicant/Sponsor Name Michael A Kimack Date
T
Signature Title Agent
Note:
The area is not shown to be listed under the
State's Critical Env.Area list(CEA)or NYS Water
Quality impaired Water Bodies.
the area is listed on the States Significant Coastal
Fish and Wildlife Habitats
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