HomeMy WebLinkAbout1000-45.-5-1 OFFICE LOCATION: qf soUryo MAILING ADDRESS:
Town Hall Annex P.O. Box 1179
54375 State Route 25 Southold, NY 11971
(cor. Main Rd. &Youngs Ave.)
Southold, NY 11971 G Telephone: 631 765-1938
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_. ,..._.. ._d..r._.LO.CALWATERF_ RONT.RE_V_ITALIZAT_ION_PROGRAM_--._____._..__-._.__-_____-,-..-__n._.
TOWN OF SOUTHOLD
MEMORANDUM
To: Leslie Weisman, Chair
Members of the Zoning Board of Appeals
From: Mark Terry, AICP
-Assistant_TownPlanning-Di rector __ _ _
r LWRP Coordinator
Date March 1, 2021 (Amended)
Re: LWRP Coastal Consistency Review for ZBA File Ref SUFFOLK COUNTY ENERGY STORAGE II,
LLC#7463SE
SCTM# 1000=45-5=1.:
SUFFOLK COUNTY ENERGY STORAGE II, LLC#7463 SE-Request for a Special Exception pursuant to
Article XV, Section 280-62B(5),the applicant is requesting permission to construct and allow for public utility
structures and uses; i.e.,battery energy storage system facility; located at 69430 Main Road(NYS Route 25),
Greenport,NY SCTM No. 1000-45-5-1.
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,the proposal is recommended as INCONSISTENT with Policy I 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.
and Policy 6 Protect and restore the quality and function of the Town of Southold's ecosystem of the LWRP and
therefore INCONSISTENT with the LWRP.
This recommendation is made with the following considerations:
The LWRP Coastal Assessment Form was submitted with the boxes checked"Not Applicable"and without
answers to the policies. The review and the recommendation were made in consideration of the narrative and
supporting documents submitted with the application.
This review weighs the need for a battery energy storage system facility,the property characteristics,the proposed
location in an environmentally sensitive area,the ecological significance of the parcel and adjacent area, including
preserved open space and the Town's jurisdictional wetland setbacks intended to protect regulated wetlands and
ecosystems.
Policy 1. 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.
The project proposes to increase'lot coverage'to 47 93 percent-from 7.48 percent(it is unclear if the wetlands were
assessed in lot coverage). Themaximtf n penn•itked•lot coberage'in the LI zoning'district iS 30'percent. The
increase in lot coverage does not enhance eotnmunity character and will,set a�precedent. -
Policy 6.1. Protect and renoi e eeologicalquality throughout the•Tbwn of-Southold.
D. Provide aclegicate buffers.behveen wetlands and adjacent'or nearby uses and activities in
order to ensuiie Protection of the wetland's character, quality, yalues, and functions.•,„
�••
The•-proposal inoUcs tile,creatiort of a minimum 10° wide wetland buffer from a-
NY$DEC and Taw.n of Southold regulated'fresllwater,wetland located in the east of the
parcel thaf continues onto'and is directly hydrologically connected to, a larger wetland on
preserved open space located to the east and south of the subject parcel. The Long
Environmental Assessment Form submitted with the application states that"Project will
be sited at least 10' from the wetland itself per NYSDEC request"(Page 5 of 13).
Chapter 275 Wetlands and Shorelines of the Southold Town Code requires a minimum
-------- setback of 100 feet-from freshwater wetlands._A Wetlands Permit will be required_The
—--
proposed minimum -0'wide setback fo the wetland raises concerns about ad"veise direct--"-------T
and indirect impacts over time that could occur to the wetland system from surface
runoff. The deficient wetland setback coupled with the intense build out of the parcel
could result in greater impervious surface areas contributing to surface runoff and
potential pollutants into the ecosystem. However, it should be recognized that the project
will not involve sanitary flow discharge to groundwater, no significant potable water use
and no to low use,of fertilizer, herbicide and pesticides on-site that would contribute,to
the introduction of pollutants.
Maintaining this-wetland and surrounding area,is important. The area is ecologically
significant. The rear portion of the parcel is located within the Pipes Cove Creek and
Moore's Drain Significant Coastal Fish and Wildlife Habitat Area that continues to the
east, north and south. Correspondingly, in a January 2021 memorandum,the Town of
Southold Land Preservation Coordinator,outlines and emphasizes the environmental
sensitivity of the area and preservation actions pointing out that the parcel is included on
numerous lists as a preservation target validating the ecological significance of the area.
The parcel seasonally floods(see photos at end of report). The flooding of the parcel was
verified on February 25, 2021 during a site inspection of the property. Areas of ponded
water occurred throughout the parcel. On site soils are comprised of Candace Silt Loam
and are poorly drained. Permeability is moderate to moderately slow on the surface and
very slow in the subsoil. Depth to an intermittent apparent water table is+0.5 to 1.0 foot
from November to June in normal years. Ponding occurs during periods of heavy rainfall
and spring snowmelt(National Cooperative Soils Survey). Test hole data was not,
provided therefore depth to groundwater on-site is unknown.
The parcel is located within an expansive soil hazard identified by the Suffolk County
Multi-Jurisdictional Multi-Hazard Mitigation Plan. Candice Silt Loam is the only soil in
Suffolk County that exhibits the properties of linear extensibility potential and shrink-
swell potential due to changes in moisture content.Expansive soils are often referred to
as swelling clays because clay materials are most susceptible to swelling and shrinking.
Changes in soil volume present a hazard primarily to the basement and foundation of
structures built on expansive soils, as well as highways and streets. (Suffolk County
Multi-Jurisdictional Multi-Hazard Mitigation Plan). The development of the parcel with
the on-site soil properties is a large concern.
The poorly drained soils on site also increases the potential for flooding and surface
runoff. Direction and flow of surface waters on the parcel is expected towards the
wetland system and property lines (field observation). The natural drainage patterns will
be interrupted by construction of the proposed use. On site drainage is proposed to be
controlled by subsurface diffusion wells in the developed areas and allowed to"naturally
flow" in the undeveloped areas. The function of traditional sub-surface drainage in this
soil type and during certain seasons is questionable. Chapter 236 Stormwater
Management of the Southold Town Code also applies and stormwater must remain on-
site. - --- -
In the event the action is approved; based upon the environmental sensitivity of the area,
soil properties, and proximity to preserved lands and potential stormwater runoff
generated, the minimum jurisdictional wetland setback of 100 feet to achieve the
protection of the wetland system in the rear of the parcel and preserved open space areas
should be required. The creation of a 100' wide non-disturbance buffer equal to the
setback is recommended to meet this policy. The buffer should be planted with native,
flood tolerant vegetation to support the intent of the buffer. Further, the buffer should be
recorded in a covenant and restriction or easement.
6.4 Protect vulnerable fish, wildlife, and plant species, and rare ecological communities.
The creation of a 100' wide non-disturbance buffer would support this policy.
Although policy 13.3 Ensure maximum efficiency and minimum adverse environmental impact when siting major
energy generating facilities speaks to energy in the LWRP, energy storage systems were not contemplated when
the LWRP was written. The proposed use is assessed to the policy below.
13.3 Ensure maximum efficiency and minimum adverse environmental impact when siting major energy
generating facilities.
A. Major energy generating facilities may be located in a coastal location where a clear public
benefit is established using the following factors:
1. There is a demonstrated need for the facility.
There is a recognized need for public utility battery storage facilities to store electricity to
meet peak electrical demands and during emergencies in the Town.
2. The facility will satisfy additional electric capacity needs or electric system needs.
Yes, the facility could provide power to 28,746 homes for up to 8 hours. The applicant
states in the application that the facility would serve as a public utility function to
enhance reliability of the electrical grid.
3. Alternative available methods of power generation and alternative sources of energy
cannot reasonably meet the public need.
The purpose of the facility is to store power. It does not generate power.
4. Upgrades of existing facilities cannot reasonably meet the public need.
Siting of these type of facilities on lands owned by PSEG/LIPA is supported. It is
recommended that the Board clarify why PSEG/LIPA is not leasing land to these types of
uses. Note at the LIPA's 8J Southold Substation property the NYSDEC has identified a
large freshwater wetland system. Relocation of the facility on this property may not be
possible, however,there may be more suitable locations within the Town.
5. The facility incorporates feasible public recreational uses.
The parcel is private and does not directly provide recreational use. However, it is
important to note that the property abuts significant areas of preserved open space and is
located inclose proximity to the Bay to Sound Trail. It was verified that the house and
-- - shed are visible from multiple spots along the trail. -
6. The facility is designed to minimize environmental and visual impacts to the Town's
environmental, scenic, historic and cultural resources.
The parcel contains freshwater wetlands in the east corner. The applicant is proposing a
minimum of a 10' wide buffer from the wetland boundary. Battery storage cabinets are
located as close as 38 feet from the wetland boundary. Chapter 275 Wetlands and
Shorelines of the Southold Town Code requires a minimum setback of 100 feet from
____freshwater wetlands._See above_Policy 6.4_recommendation__.
The properties of the soils and limitations effect on future development of the site is a
large concern. The increase in developed area of the site should be minimized.
The proposed use is expected to have a visual impact to NYS Route 25, a New York
Scenic Byway. The impacts are discussed below.
The applicant has submitted a letter from NYS OPRHP indicating that no adverse
impacts to cultural resources will occur from the development of this facility.
B. Achieve maximum transmission efficiency by siting major energy generating facilities close to
load centers.
The facility is proposed to be interconnected to the LIPA 8J Southold Substation located 750' to
the northwest. Maximum transmission efficiency would be achieved if the facility were located
on or closer to a substation property.
C. Preclude the potential degradation of coastal resources by siting and constructing new electric
energy generating and transmission facilities so that they would not adversely affect:
4. designated Significant Coastal Fish and Wildlife Habitats
The rear portion of the parcel is located within the Pipes Cove Creek and Moore's Drain
Significant Coastal Fish and Wildlife Habitat Area; an area of high ecological
significance. The applicant has contacted the New York State Department of
Environmental Conservation Natural Heritage Program and threatened habitats and
protected species have been identified as potentially occurring adjacent to the parcel.
The site is currently improved with a single-family house and shed; the majority of the
parcel is lawn and the development of the facility will not physically destroy habitat.
However, the proposed use has the capability to directly and indirectly impact wildlife
species in the area during and after construction from noise, grading, stormwater runoff
etc. over time.
S. habitats critical to vulnerable fish and wildlife species, vulnerable plant species, and rare
ecological communities
As discussed above the parcel is included within and adjacent to the Pipes Cove Creek
and Moore's Drain Significant Coastal Fish and Wildlife Habitat Area.
The NYSDEC Environmental Mapper also indicates t lat the parcel is located within a
Rare Plants and Animal area. This layer shows generalized locations of animals and
plants that are rare in New York State, including but not limited to those listed as
Endangered and Threatened. Records show the following:
This location-is in the vicinity of*Animals Listed as Endangered or1'hreatened-
This location is in the vicinity of Rare Dragonflies and Durnsefies - Not Listed by NYS
This location is in the vicinity of Rare Plants Listed as Endangered, Threatened, or Rare
by NYS
This location is in the vicinity of Rare Moths-Not Listed by NYS
Historic records of protected species include:
Common Name: Cat-tail Sedge
t)�phina
- ----------------- -- --- ---- --- ------ --------- --- -- --
Date LasfDocumefi-te—d.-1928 07=15-_
Location: Greenport
NYS Protected:Endangered
Common Name: Green Parrot's feather
Scientific Name:Myriophyllum pinnatum
Date Last Documented: 1924-08-01
Location: Greenport
NYS Protected:Endangered
Common Name: Smooth Tick-trefoil
Scientific Name:Desmodium laevigatum
Date Last Documented: 1962-09-09
Location: Greenport
NYS Protected: Endangered
Common Name: Cut-leaved Evening primrose
Scientific Name: Oenothera laciniata
Date Last Documented: 1880-05-30
Location:New Egypt
NYS Protected:Endangered
Common Name: Velvet Panic Grass
Scientific Name:Dichanthelium scoparium
Date Last Documented: 1939-06-19
Location: Greenport
NYS Protected:Endangered
Natural Community Name: Coastal oak-hickory forest
Location:Moores Woods
Ecological System: Uplands
Natural Community Name:Red maple-swamp white oak swamp
Location:Arshamomaque Wetland
Ecological System:Freshwater Nontidal Wetlands
Ecological System: Freshwater Nontidal Wetlands
The extent of occurrence or use of the above species on site is currently unknown.
However, the use of the parcel by wildlife is expected, due to its proximity to Moore's
Drain. On-site inspection of the parcel revealed that the whitetail deer use of the parcel is
very high.
The parcel is mostly cleared and improved. It is expected that the proposal will not
significantly impact habitats (other than foraging animals). It is unknown at this time if
the development would impact protected species, including the Northern long cared bat
under recent regulatory oversight.
7. wetlands,
See discussion under Policy 6 above.
8. historic resources,
------------------
.�----See discussion under Policy-133:-A.-6 a -ove:--------"------"------------ .--- ----------------- - --.---_.------
9. scenic resources.
Policy 3. Enhance visual quality and protect scenic resources throughout the Town of
Southold promotes the screening of components of development which detract from
visual quality, including open space lands with the use of existing and planted vegetation.
The parcel is located adjacent to and south of NYS Route 25; a Scenic Byway. The
applicant has indicated that a 10' wide vegetated buffer will be installed with evergreen
trees to screen the facility from the road. A photographic rendering of the viewshed from
the NYS Route 25 has been submitted which shows screening of the proposed facility.
The details of the vegetated buffer(tree height and spacing)have not been provided.
Existing trees occur near NYS Route 25 on the parcel and should remain if approved.
Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion of the LWRP seeks to
minimize loss from flooding.
The flooding of the parcel during seasonal groundwater fluctuations, ponding resulting from poorly drained soils
and by expansion of the wetland in the rear of the parcel and during storm events, including hurricanes is a
concern.
It is recognized that the battery cabinets will be located outside of the FEMA 0.2-percent-annual-chance (or 500-
year) mapped flood zone, however, SLOSH modelling indicates that the parcel could be impacted by a Category
3, 4 and 5 hurricane. The SLOSH(Sea, Lake, and Overland Surges from Hurricanes) model is a numerical model
used by National Weather Service to compute storm surge. Storm surge is defined as the abnormal rise of water
generated by a storm, over and above the predicted astronomical tides. Flooding from storm surge depends on
many factors, such as the track, intensity, size, and forward speed of the hurricane and the characteristics of the
coastline where it comes ashore or passes nearby. For planning purposes, the National Hurricane Center uses a
representative sample of hypothetical storms to estimate the near worst-case scenario of flooding for each
hurricane category(NOAA).
The Suffolk County Multi-Jurisdictional Multi-Hazard Mitigation Plan shows that the parcel could be impacted
by a Category 3 and 4 hurricane.
Sea level rise over time is also a concern.
I
Due to the severe limitations of on-site soils as discussed above and with consideration to seasonal groundwater
fluctuations and flooding further development of the parcel should be avoided or minimized.
In the event that development of the parcel cannot be avoided and the action is approved the following is
recommended:
1. To further Policy 3. _
a. The Town of Southold Bay to Sound Trail may be impacted from the project from the
construction/placement of the structures. The structures would be visible from users of the trail.
It was verified that the house and shed are visible from the existing Bay to Sound Trail from
multiple spots along the trail due to limited vegetation. The applicant has offered to provide
additional screening in a March 3, 2021. Discuss with the applicant how the structures will be
screened from the users of the Bay to Sound Trail in areas through the planting of native,flood
tolerant vegetation. The spacing and maintenance of the vegetation should be included. A
condition pertaining to the screening is recommended.
b.__Retain the existing trees in good health along NYS Route 25.- -. ___
- -c. ——--- = --
c. Require that visual"screening oflhe structures-from"NYS-Route"25-is greater than 90 percerit---�-�--�-�
effective.
2. To further Policy 4.
a. Verify how the structures will be designed to be flood tolerant and mitigate influences from major
storms and sea level rise?
b. The parcel seasonally floods. Clarify the bottom elevations of the cabinets in relation to grade.
Verify if the intent of the applicant is to raise the grade? Consider prohibiting raising the grade of
the parcel. Raising the grade will alter on-site hydrology and may affect adjacent properties.
c. Drainage areas contribute to the hydroperiods of wetland systems. Minimize the alteration of
drainage patterns within 100' of the on-site wetland.
3. To further Policies 5 Protect and improve water quality and supply in the Town of Southold and meet
Policy 6.
a. Require the removal of the existing sanitary systems and cistern.
b. Require the establishment of a 100' vegetated, non-disturbance buffer from the wetland system to
protect drainage patterns and water quality of the system. Require that the non-disturbance buffer
be protected into perpetuity through a covenant and restriction or easement.
c. Applicant correspondence in the file relies on the NYSDEC regulations and assessment of
wetlands on-site. The applicant does not adequately address the Town of Southold Chapter 275
Wetland and Shorelines of the Southold Town Code requirements. As you are aware, a minimum
100' wide setback (buffer) is required from all wetlands on-site and off-site. Verify if freshwater
wetlands occur to the south of the parcel; off site.
Pursuant to Chapter 268,the Southold Town Zoning Board of Appeals shall consider this recommendation in
preparing its written determination regarding the consistency of the proposed action.
Cc: Town of Southold Planning Board
William Duffy, Town Attorney
Melissa Spiro,Land Preservation Coordinator
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OFFICE LOCATION: OF SOUjy® MAILING ADDRESS:
Town Hall Annex P.O. Box 1179
54375 State Route 25 Southold, NY 11971
(cor,Main Rd. &Youngs Ave.) '
Southold, NY 11971 Q i Telephone: 631 765-1938
i
LOCAL WATERFRONT REVITALIZATION PROGRAM
TOWN OF SOUT14OLD
MEMORANDUM
To: Leslie Weisman, Chair
Members of the Zoning Board of Appeals
From: Mark Terry, AICP
-- - _:- n._-,-Assistant.`FownPlanningDirector,.______-__
'LWRP Coordinator
Date February 25, 2021
Re: LWRP Coastal Consistency Review for ZBA File Ref SUFFOLK COUNTY ENERGY STORAGE II,
LLC#7463SE
SCTM# 1000-4575 'Y., ,--,
SUFFOLK COUNTY ENERGY STORAGE H,LLC#7463SE—Request for a Special Exception pursuant to
Article XV, Section 280-62B(5),the applicant is requesting permission to construct and allow for public utility
structures and uses; i.e., battery energy storage system facility; located at 69430 Main Road(NYS Route 25),
Greenport,NY SCTM No. 1000-45-5-1.
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,the proposal is recommended as INCONSISTENT with Policy I 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 effebikof development. ' ''
and Policy 6 Protect and restore the quality and function of the Town of Southol_d's ecosystem of the LWRP and
therefore INCONSISTENT with the LWRP.
This recommendation is made with the following considerations:
This review weighs the need for a battery energy,storage system facility and the proposed location in an
environmentally sensitive area,the ecological significance of the parcel and adjacent area, including preserved
open space and the Town's jurisdictional wetland setbacks intended to protect regulated wetlands and ecosystems.
Policy 1. 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.
The project proposes to increase lot coverage to 47.93 percent from 7.48 percent(it is unclear'if the wetlands were
assessed in lot coverage). The maximum permitted lot coverage in the LI zoning district is 30 percent. The
increase in lot coverage does not enhance community character and will set a precedent.
Policy 6.1. Protect and restore ecological quality throughout the Town of Southold.
D. Provide adequate buffers between wetlands and adjacent or nearby uses and activities in
order to ensure protection of the wetland's character, quality, values, and functions.
The proposal includes the creation of a minimum 10' wide wetland buffer from a
NYSDEC and Town of Southold regulated freshwater wetland located in the east of the
parcel that continues onto and is directly hydrologically connected to, a larger wetland on
preserved open space located to the south of the subject parcel. The Long Environmental
Assessment Form submitted with the application states that"Project will be sited at least
10' from the wetland itself per NYSDEC request"(Page 5 of 13)
Chapter 275 Wetlands and Shorelines of the Southold Town Code requires a minimum
setback of 100 feet from freshwater wetlands. A Wetlands Permit will be required. The
proposed minimum 10' wide setback to the wetland raises concerns about adverse direct
and indirect impacts over time that could occur to the wetland system from surface
_runoff. The deficient wetland setback coupled with the intense build out of the parcel
could result in greater impervious surface areas contributing to surface runoff and
potential pollutants into the system. However, it should be recognized that the project
will not involve sanitary flow discharge to groundwater, no potable water use and no to
low use of fertilizer, herbicide and pesticide use on-site that would contribute to the
introduction of pollutants.
The nature and importance of maintaining this wetland and surrounding area is important.
The area is ecologically significant. The rear portion of the parcel is located within the
Pipes Cove Creek and Moore's Drain Significant Coastal Fish and Wildlife Habitat Area
that continues to the south and west. Correspondingly, in a January 2021 memorandum,
the Town of Southold Land Preservation Coordinator, outlines and emphasizes the
environmental sensitivity and preservation actions in the area pointing out that the parcel
is included on numerous lists as a preservation target validating the ecological
significance of the area.
The parcel seasonally floods(see photos at end of report). The flooding of the parcel was
verified on February 25, 2021 during a site inspection of the property. Areas of ponded
water occurred throughout the parcel. On site soils are comprised of Candace Silt Loam
and are poorly drained. Permeability is moderate to moderately slow on the surface and
very slow in the subsoil. Depth to an intermittent apparent water table is+0.5 to 1.0 foot
from November to June in normal years. Ponding occurs during periods of heavy rainfall
and spring snowmelt(National Cooperative Soils Survey). Test hole data was not
provided therefore depth to groundwater on-site is unknown.
The poorly drained soils on site also increases the potential for flooding and surface
runoff. Direction and flow of surface waters on the parcel is expected towards the
wetland system and property lines(field observation). The natural drainage patterns will
be interrupted by construction of the proposed use. On site drainage is proposed to be
controlled by subsurface diffusion wells in the developed areas and allowed to "naturally
flow" in the undeveloped areas. The function of traditional sub-surface drainage in this
soil type and during certain seasons is questionable. Chapter 236 Stormwater Control of
the Southold Town Code also applies and stormwater must remain on-site.
Based upon the environmental sensitivity of the area,preservation efforts and proximity
to preserved lands,potential stormwater generated and very poor soil permeability,the
minimum jurisdictional wetland setback of 100 feet to achieve the protection of the
wetland system in the rear of the parcel and preserved open space areas should be
required. The creation of a 100' wide non-disturbance buffer equal to the setback is
recommended to meet this policy. The buffer should beiplanted with native, flood
tolerant vegetation to support the intent of the buffer. Further, the buffer should be
recorded in a covenant or restriction or easement.
6.4 Protect vulnerable fish, wildlife, and plant species, and rare ecological communities.
The creation of a 100' wide non-disturbance buffer would support this policy.
Although policy 13.3 Ensure maximum efficiency and minimum adverse environmental impact when siting major
energy generating facilities speaks to energy in the LWRP, energy storage systems were not contemplated when
the LWRP was written. The proposed use is assessed to the policy below.
13.3 Ensure maximum efficiency and minimum adverse environmental impact when siting major energy
generating facilities.
A. Major energy generating facilities may be located in a coastal location where a clear public
benefit-is established using the following factors_ _
1. There is a demonstrated need for the facility.
There is a recognized need for public utility battery storage facilities to store electricity to
meet peak electrical demands and during emergencies in the Town.
2. The facility will satisfy additional electric capacity needs or electric system needs.
Yes, the facility could provide power to 28,746 homes for up to 8 hours. The applicant
states in the application that the facility would serve as a public utility function to
enhance reliability of the electrical grid.
3. Alternative available methods of power generation and alternative sources of energy
cannot reasonably meet the public need.
The purpose of the facility is to store power. It does not generate power.
4. Upgrades of existing facilities cannot reasonably meet the public need.
Siting of these type of facilities on lands owned by PSEG/LIPA is supported. It is
recommended that the Board clarify why PSEG/LIPA is not leasing land to these types of
uses. Note at the LIPA's 8J Southold Substation property the NYSDEC has identified a
large freshwater wetland system. Relocation of the facility on this property may not be
possible, however,there may be more suitable locations within the Town.
5. The facility incorporates feasible public recreational uses.
The parcel is private and does not directly provide recreational use. However, it is
important to note that the property abuts significant areas of preserved open space and is
located in close proximity to the Bay to Sound Trail. It was verified that the house and
shed are visible from multiple spots along the trail.
6. The facility is designed to minimize environmental and visual impacts to the Town's
environmental, scenic, historic and cultural resources.
The parcel contains freshwater wetlands in the east corner. The applicant is proposing a
minimum of a 10' wide buffer from the wetland boundary. Battery storage cabinets are
located as close as 38 feet from the wetland boundary. Chapter 275 Wetlands and
Shorelines of the Southold Town Code requires a minimum setback of,100 feet from
freshwater wetlands. See above Policy 6.4 recommendation.
�II
The proposed use is expected to have a visual impactlto NYS Route 25, a New York
Scenic Byway. The impacts are discussed below.
The applicant has submitted a letter from NYS OPRHP indicating that no adverse
impacts to cultural resources will occur from the development of this facility.
B. Achieve maximum transmission efficiency by siting major energy generating facilities close to
load centers.
The facility is proposed to be interconnected to the LIPA 8J Southold Substation located 750' to
the northeast. Maximum transmission efficiency would be achieved if the facility were,located
on or closer to a substation property.
C. Preclude the potential degradation of coastal resourcesF by siting and constructing new electric
energy generating and transmission facilities so that they would not adversely affect.-
4.
ffect:4. designated Significant Coastal Fish and Wildlife Habitats
The rear portion of the parcel is located within the Pipes Cove Creek and Moore's Drain
Significant Coastal Fish and Wildlife Habitat Area; an area of high ecological
significance. The applicant has contacted the New York State Department of
Environmental Conservation Natural Heritage Program and threatened habitats and
protected species have been identified as potentially occurring adjacent to the parcel.
The site is currently improved with a single-family house and shed; the majority of the
parcel is lawn and the development of the facility will not physically destroy habitat.
However, the proposed use has the capability to directly and indirectly impact wildlife
species in the area during and after construction from noise, grading, stormwater runoff
etc. over time.
5. habitats critical to vulnerable fish and wildlife species, vulnerable plant species, and rare
ecological communities
As discussed above the parcel is included within and adjacent to the Pipes Cove Creek
and Moore's Drain Significant Coastal Fish and Wildlife Habitat Area.
The NYSDEC Environmental Mapper also indicates that the parcel is located within a
Rare Plants and Animal area. This layer shows generalized locations of animals and
plants that are rare in New York State, including but not limited to those listed as
Endangered and Threatened.Records show the following:
This location is in the vicinity of Animals Listed as Endangered or Threatened
This location is in the vicinity of Rare Dragonflies and Damse f ies—Not Listed by NYS
This location is in the vicinity of Rare Plants Listed as Endangered, Threatened, or Rare
by NYS
This location is in the vicinity of Rare Moths—Not Listed by NYS
Historic records ofprotected species include:
Common Name: Cat-tail Sedge
Scientific Name: Carex typhina
Date Last Documented: 1928-07-15
Location: Greenport
NYS Protected: Endangered
Common Name: Green Parrot's feather
Scientific Name:Myriophyllum pinnatum
Date Last Documented: 1924-08-01
Location: Greenport
NYS Protected:Endangered
Common Name:Smooth Tick-trefoil
Scientific Name:Desmodium laevigatum
Date Last Documented: 1962-09-09
Location: Greenport
NYS Protected: Endangered
Common Name: Cut-leaved Evening-primrose
Scientific Name: Oenothera laciniata
Date Last Documented. 1880-05-30
Location:New Egypt
NYS Protected: Endangered
Common Name: Velvet Panic Grass
Scientific Name:Dichanthelium scoparium
Date Last Documented: 1939-06-19
Location: Greenport
NYS Protected:Endangered
Natural Community Name: Coastal oak-hickory forest
Location:Moores Woods
Ecological System: Uplands
Natural Community Name:Red maple-swamp white oak swamp
Location:Arshamomaque Wetland
Ecological System:Freshwater Nontidal Wetlands
The extent of occurrence or use of the above species on site is currently unknown.
However, the use of the parcel by wildlife is expected due to its proximity to Moore's
Drain. On-site inspection of the parcel revealed that the whitetail deer use of the parcel is
very high.
The parcel is mostly cleared and improved. It is expected that the proposal will not
significantly impact habitats (other than foraging animals). It is unknown at this time if
the development would impact protected species, including the Northern long eared bat
under recent regulatory oversight.
7. wetlands,
See discussion under Policy 6 above.
8. historic resources,
See discussion under Policy 13.3. A. 6 above.
9. scenic resources.
Policy 3. Enhance visual quality,and protect scenic resources throughout the Town of
Southold promotes the screening of components of development which detract from
visual quality, including open space lands with the use of existing and planted vegetation.
The parcel is located adjacent to and south of NYS Route 25; a Scenic Byway. The
applicant has indicated that a 10' wide vegetated buffer will be installed with evergreen
trees to screen the facility from the road. A photographic rendering of the viewshed from
the NYS Route 25 has been submitted which shows screening of the proposed facility.
The details of the vegetated buffer(tree height and spacing)have not been provided.
Existing trees occur near NYS Route 25 on the parcel and should remain if approved.
Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion of the LWRP seeks to
minimize loss from flooding.
The flooding of the parcel during seasonal groundwater fluctuations, ponding resulting from very poorly drained
soils and by expansion of the wetland in the rear of the parcel and during storm events, including hurricanes is a
concern.
It is recognized that the battery cabinets will be located outside of the FEMA 0.2-percent-annual-chance (or 500-
year) flood zone mapped flood zone, however, SLOSH modelling indicates that the parcel could be impacted by a
Category 2 and 3, 4 and 5 hurricanes. The SLOSH(Sea, Lake, and Overland Surges from Hurricanes) model is a
numerical model used by National Weather Service to compute storm surge. Storm surge is defined as the
abnormal rise of water generated by a storm, over and above the predicted astronomical tides. Flooding from
storm surge depends on many factors, such as the track, intensity, size, and forward speed of the hurricane and the
characteristics of the coastline where it comes ashore or passes nearby. For planning purposes, the National
Hurricane Center uses a representative sample of hypothetical storms to estimate the near worst—case scenario of
flooding for each hurricane category(NOAA).
Sea level rise over time is also a concern.
In the event the action is approved the following is recommended:
1. To further Policy 3.
a. The Town of Southold Bay to Sound Trail may be impacted from the project from the
construction/placement of the containers. The structures,would be visible from users of the trail.
It was verified that the house and shed are visible,from the existing Bay to Sound Trail from
multiple spots along the trail due to limited vegettion. The applicant has offered to provide
additional screening in the March 3,2021. Discuss with the applicant how the structures will be
screened from the users of the Bay to Sound Trail in areas through the planting of native, flood
tolerant vegetation. The spacing and maintenance of the vegetation should be included. A
condition pertaining to the screening is recommended.
b. Retain the existing trees in good health along NYS Route 25.
c. Require that visual screening of the structures from NYS Route 25 is greater than 90 percent
effective.
2. To further Policy 4.
a. Verify how the structures will be designed to be flood tolerant and mitigate influences from major
storms and sea level rise?
b. The parcel seasonally floods. Clarify the bottom elevations of the cabinets in relation to grade.
Verify if the intent of the applicant is to raise the grade? Consider prohibiting raising the grade of
the parcel. Raising the grade will alter on-site hydrology and may effect adjacent properties.
c. Drainage areas contribute to the hydroperiods of wetland systems. Minimize the alteration of
drainage patterns within 100' of the on-site wetland.
i
i
3. To further Policies 5 Protect and improve water quality and supply in the Town of Southold and meet
Policy 6.
a. Require the removal of the existing sanitary systems and cistern.
b. Require the establishment of a 100' vegetated, non-disturbance buffer from the wetland system to
protect drainage patterns and water quality of the system. Require that the non-disturbance buffer
be protected into perpetuity through a covenant and restriction or easement.
c. Applicant correspondence in the file relies on the NYSDEC regulations and assessment of
wetlands on-site. The applicant does not adequately address the Town of Southold Chapter 275
Wetland and Shorelines of the Southold Town Code requirements. As you are aware, a minimum
100' wide setback (buffer) is required from all wetlands on-site and off-site. Verify if freshwater
wetlands occur to the west of the parcel; off site.
Pursuant to Chapter 268,the Southold Town Zoning Board of Appeals shall consider this recommendation in
preparing its written determination regarding the consistency of the proposed action.
Cc: William Duffy, Town Attorney
Town of Southold Planning Board
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