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HomeMy WebLinkAbout1000-40.-3-1 (2) 1� 1 OFFICE LOCATION: h0� SU(/j�Ol MAILING ADDRESS: Town Hall Annex P.O.Box 1179 54375 State Route 25 Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) cn ,c G Q Telephone: 631 765-1938 Southold, NY 11971 • �O P Q Fax: 631 765-3136 OOUNT`I,� LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD To: Donald Wilcenski, Chair Town of Southold Planning Board From: Mark Terry,AICP,Assistant Town Planning Director )6:"*" LWRP Coordinator Date: June 7, 2018 September 11, 2018 Amended Re: Proposed Site Plan for Vineyard View SCTM# 1000-40-3-1 Zoning District: HD This proposed Residential Site Plan is for 50 multiple dwelling units in seven buildings. All units are proposed to be offered for rent at rates set by the federal government for affordability for the next 50 years. The plan includes 14 one-bedroom units, 22 two-bedroom units and 14 three- bedroom units, a 2,649 sq. ft. community center, 104 parking spaces; and various other associated site improvements, on a vacant 17.19-acre parcel of which 9.91 acres will be preserved as open space (5.98 acres upland and 3.93 acres wetlands), in the Hamlet Density (HD)Zoning District located on the s/s of County Road 4811,600' n/e/o Chapel Lane, Greenport. 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,the proposed action is recommended as CONSISTENT with the LWRP provided the Planning Board considers and requires the following recommendations to further the below listed policies to the greatest extent practicable: This LWRP coastal consistency recommendation takes into account comments and input " received from other jurisdictional boards and agencies. Policy]. Foster a pattern of development in the Town of Southold that enhances community character,preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. Zoning 1 t The property is zoned Hamlet Density(HD). The purpose of the district is defined as: The purpose of the Hamlet Density (HD) Residential District is to permit a mix of housing types and level of residential density appropriate to the areas in and around the major hamlet centers, particularly Mattituck, Cutchogue, Southold, Orient and the Village of Greenport. The proposed 50 unit multiple dwelling use is consistent with the above purpose of the zoning district; it is located near the Village of Greenport,however, due to the location on Suffolk County Route 48 (CR 48) and parcel characteristics (wetlands, sole source aquifer, shallow depth to groundwater and scenic quality) concerns remain on how the proposed use could adversely impact transportation safety, freshwater wetlands functions and values, surface and ground water quality and community character. Traffic/Pedestrian Safety/Quality of Life The applicant has provided a report titled FEAF Supporting Narratives and Data dated February 28,2018. The report states that the action will not substantially increase traffic above present levels or generate a substantial new demand for transportation facilities or services. However, due to the characteristics of CR 48, it is recommended that the Board further analyze and address the interaction and safety of vehicles entering and exiting the site. Working to improve pedestrian/bicycle access to the Village of Greenport from the property through the installation of a marked bike lane is recommended. This marked bike lane would extend from the site's driveway to the end of Moore's Lane,where there exists a paved path that ultimately connects to sidewalks that lead to the Village. Construction Traffic Management and Logistics Plan It is recommended that to minimize impacts to community character including quality of life and safety; a Construction Traffic Management Plan is required to address and adapt to changing conditions (seasonal populations, increased traffic, safety incidents (if any) and operation schedules of area schools) and address community concerns (if any). The Plan should include the following: a. A notice provided to all contractors and subcontractors accessing the site about the following: i. Area speed limits; ii. School safety zones; iii. Residential neighborhoods. b. Days/hours of proposed construction activity ; c. Parking areas for workers and heavy vehicles ; d. Construction staging areas; e. Measures to ensure protection of land and integrity of local roadways; f. Construction Vehicle Route Designation. Construction Schedule 2 The action will comply with Chapter 180 Prevention of Noise of the Town Code. The following additional requirements are recommended during construction periods to protect the quality of life of the surrounding residential and commercial properties that could be impacted from site activities. a. Construction activities shall only occur from 7:00 a.m. to 6:00 p.m.t on weekdays and Saturdays. b. No construction activities are permitted on Sundays, year-round, or the following holidays: ■ New Year's Day ■ Memorial Day ■ Independence Day(July 4tn) ■ Labor Day ■ Thanksgiving ■ Christmas Day Policy 2.2. Protect and preserve archaeological resources. A. Conduct a cultural resource investigation when an action is proposed on an archaeological site,fossil bed, or in an area identified for potential archaeological sensitivity on the archaeological resources inventory maps prepared by the New York State Department of Education. 1. Conduct a site survey to determine the presence or absence of cultural resources in the project's potential impact area. The NYS State Historic Preservation Office was contacted and no occurrences of significant historical or cultural resource were found. Policy 3. Enhance visual quality and protect ,scenic resources throughout the Town of Southold. Many of the important scenic components in the Town of Southold can be viewed from local roads. The Town of Southold promotes the protection of the scenic components associated with CR 48, a New York State Scenic Byway through the Comprehensive Plan. The site is directly visible from CR 48. The LWRP recognizes that the Town of Southold contains a variety of unique and beautiful scenic components. Visual quality of the landscape is a major contributor to the community character of the Town of Southold and the intent of this policy is to protect and enhance the visual quality. The preservation of the aesthetic, historic, and scenic character of the Town is critical to the continuance of its attraction and economic vitality as a year-round waterfront community. The parcel is currently wooded. 3 f A. Minimize introduction of structural design components (including utility lines, lighting, signage and fencing) which would be discordant with existing natural scenic components and character. The buildings are clustered to minimize impacts to natural scenic components and public vantage points. Utilities will be located underground. E. Preserve existing vegetation and establish new indigenous vegetation to enhance scenic quality. A 100' non-disturbance buffer from the wetland line is required. Existing vegetation will be preserved along CR 48 in addition to landscaped areas. Native or non-invasive plants (grass) species will be used in landscaping. Large trees should be identified and retained in the design to the greatest extent practicable to further this policy. K. Protect visual quality associated with agricultural land, open space and natural resources. 2. Group or orient structures during site design to preserve open space and provide visual organization. The application meets this policy by clustering the buildings to provide visual organization of the developed areas and preserving 10 acres of upland and wetlands as open space. 3. Avoid structures or activities which introduce visual interruptions to natural landscapes. As discussed above existing vegetation along CR 48 is proposed to be used to the greatest extent practical to mitigate the introduction of structural components into the-natural landscapes. Buildings are set back from CR 48 at 117.5' which will minimize scenic interruption, furthering this policy. Note, however, that without the submission of a visual impact analysis, it is difficult to fully assess the level of impact that the buildings-in their current location may have on the scenic qualities. To determine if a re-location or re-design would better protect and preserve scenic qualities, it is recommended that the Planning Board consider requiring a photographic visual impact analysis. a. introduction of intrusive artificial light sources. The number of street lights will be reduced to the minimum necessary. The Board will also require that the lighting is designed to preserve the night sky. 4 I Protect visual quality associated with public lands, includih,gpublic transportation routes,public parks and public trust lands and waters. As indicated above,the parcel is located south of the New York State Designated Scenic Byway CR 48 and possesses scenic qualities as undeveloped woodland. Policy 4. Minimize loss of life,structures, and natural resources from flooding and erosion. Development will occur mainly on Montauk silt loam (MkB), Plymouth loamy sand (PIB), Rayham loam (Ra) and Riverhead (RdB) soils. The soils PIB and RdB have been found to be suitable for housing developments. Dominant soils series on site include MkB (22.3 %) and PIB (23%) Site plan pages E1 and E2 indicate that groundwater was encountered at 8' below grade in TP-1, TP-8, TP-9 and TP-10. Results for the Boring Log indicate that water was encountered at 6' below grade. The USDA Soil Survey indicates that seasonal high water table (SHWT) from the surface usually occurs '/z to 1%feet for the Rayham series;>2 feet for the Montauk soil series and>4 feet for the Riverhead and Plymouth series. The actual onsite depth to SHWT is unknown. The Rayham soils on site are described as very poorly to poorly drained and the Montauk silt loam soil demonstrates moderately, slow permeability. Therefore,the risk of flooding in lower elevations and in storm water controls in areas with these soil types is possible due to precipitation and seasonal high groundwater without landform and soil characteristic changes. Grade changes, over-excavation, backfilling and dewatering during construction will likely be required due to on-site soil properties. These practices will minimize the risk of flooding of the site and will further this policy. Policy 5.2. Minimize non point pollution of coastal waters and manage activities causing non- point pollution. Grey and green infrastructure in the form of bio-swales and rain gardens are proposed to control storm water and therefore the action meets this policy. Policy 5.5. Protect and conserve the quality and quantity of potable water. Sanitary waste will be disposed of by connecting to the Greenport Sewer District. Correspondingly,the following best management practices will be required to further policies 5.4 and 5.5 and protect ground and surface waters. a. Require the use of native, drought-tolerant plants in landscaping. b. Require only the use of organic fertilizers where the water-soluble nitrogen is no more than 20% of the total nitrogen in the mixture. c. Require a maximum of 1 lb. of nitrogen per 1000 square feet in any one 5 application,with a cumulative application of no more than 2 lbs. per 1,000 square feet per year. d. Prohibit the application of fertilizer products containing nitrogen, phosphorus, or potassium between November ls`and April l" e. The use of phosphorous containing lawn fertilizer is prohibited unless establishing a new lawn or soil test shows that the lawn does not have enough phosphorus. Fertilizer labels have three bold numbers. The number in the middle is the percentage of phosphorus in the product, e.g. 22-0-15. Use of products with 0.67 in the middle or lower is not restricted. Products with a number higher than 0.67 may only be used if a new lawn is being established or a soil test indicates it is necessary. Due to the close proximity of the developed area to high quality, freshwater wetlands, only organic herbicides and pesticides on the property are recommended to be permitted. Using products that are not organically based should be prohibited. Integrated pest management (IPM) strategies should also be considered. Policy 6. Protect and restore the quality and function of the Town of Southold ecosystem. The proposed development would result in the physical loss of 7.28 acres of natural habitat on the 17.19 acre parcel. A total of 9.91 acres will be preserved (including 3.93 acres of wetlands). The NYSDEC Environmental Mapper was consulted and the entire parcel or portions thereof is located within a: a. NYSDEC Freshwater Regulated Wetland—located in the south of the parcel. The Southold Board of Trustees has signed off on the applicant's delineated wetland line. All wetlands and the majority of the mapped significant natural communities will be avoided and left in a natural state. b. Significant Natural Community—located in the south of the parcel. This data layer shows areas within 1/2 mile of the significant natural communities (Moore's Drain). If natural resources or potential project impacts are being assessed at an identified location, the nearby significant natural communities are to be considered in the assessment. Sustainable buffers and BMP's will be required. Greater protection of wildlife on-site is recommended (see below). C. Rare Plants and Animal Area—the entire parcel is included in this check zone. The parcel has been checked by the consultant firm Nelson Pope and Voorhis hired by the applicant. Protected plants were not observed on site and the findings conclude that protected plant species (if present)would not be impacted on site due to the avoidance of disturbance within 100'of regulated wetlands. Protected animal species may occur on site (See below discussion). Past site data indicates that the eastern box turtle (Terrapene carolina), a NYS species of special concern, was active on the parcel. Furthermore, the sharp 6 `s shinned hawk(Accipiter striatus) and Cooper's hawk(Accipter cooperi); both NYS species of special concern could also occur on the parcel. The Northern long eared bat(Myotis septentrionalis), a USFWS threatened species was not discussed in the FEAF Supporting Narratives and Data and should be included in future assessments. Correspondence from the applicant and NYSDEC New York Natural Heritage program was received by the applicant on June 27, 2018 providing state listed protected plants and animals. Comprehensive field surveys were not conducted on site by the NYSDEC. However, based on past observations and proximity to high quality wetland habitat and a NYDOS Significant Fish and Wildlife Habitat Area; wildlife surveys prior to clearing and grading should be required. a. Surveys for.Eastern Box Turtles should be conducted immediately preceding clearing activity. b. Installation of temporary turtle barriers (silt fencing) is recommended. Routine turtle barrier maintenance should be required during the Turtle Active Season (April 1St through October 31 S) c. A wildlife biologist experienced with finding Northern long eared bats should survey the parcel for any signs of bat roosting prior to any tree- clearing. It is recommended that tree removal during the pup season from June 1 through July 31 is avoided. The following should also be required: d. Large trees should be retained in groups or as individuals and integrated in site design. e. Site clearing activities should begin at CR 48 and proceed towards the open space/natural area. f. A staging area for heavy equipment, vehicle parking, materials and stockpiling, fuel storage and handling, etc. should be pre-designated and located as far from wetlands as possible. Spill protocols should be enacted. g. A construction schedule should be submitted to determine length of construction activity and time of year conducted. Policy 6.3. Protect and restore tidal and freshwater wetlands. High quality freshwater wetlands are located to the south, southwest and southeast of the parcel. The parcel is also located adjacent to Pipes Cove/Moore's Drain a listed New York State Significant Coastal Habitat Area one of the largest saltwater/freshwater wetland complexes on Long Island; rare in the coastal lowlands ecological sub-region. When the designation was placed on the area in 2005, the parcel was left out. The action 7 i will develop 7.2 acres of adjacent upland habitat area which provides habitat functions and values to wildlife. The impact is unavoidable. R Maintain buffers to ensure that adverse effects of adjacent or nearby development are avoided.- 1. voided:1. Maintain buffers to achieve a high filtration efficiency of surface runoff. 2. Avoid permanent or unnecessary disturbance within buffer areas. 3. Maintain existing indigenous vegetation within buffer areas. The proposed action meets this policy. The applicant is proposing 100' non- disturbance, vegetated buffers from the wetland system boundary. The vegetated buffer will include existing hardwoods and understory vegetation. Maintenance activities permitted within the buffer will be outlined in a covenant and restriction. Policy 13.1 Conserve energy resources. B. Plan and construct sites using energy efficient design. 1. Promote use of energy efficient design through local building codes and site plan review. Construction of all buildings shall comply with New York State Energy Conservation Construction Code, which requires the use of the following energy efficient products in all new construction. a. Kitchen appliances; b. Bath fixtures; c. Window and doors; d. Boilers; e. Air conditioning. The Lighting Plan will comply with the provisions set forth in Chapter 172 of the Town Code. The integration of renewable energy (solar) is recommended to further this policy. Please contact me at (631) 765-1938 if you have any questions regarding the above. Cc: Brian Cummings, Planner 8