HomeMy WebLinkAboutProposed Mitigation Cover Letter Narrative FINNEGAN LAW, P.C.
13250 MAIN ROAD
P.O. BOX 1452
MATTITUCK,NEW YORK 11952
(631) 315-6070
MARTIN D. FINNEGAN, ESQ.
MFINNEGAN(&NOFLT HFOKK.LAW
Via Electronic Mail and Hand Deliver ....�_ .RECEIVED
October 31, 2022 V Q 1 ?02.2.
n
Chairman Donald J. Wilcenski and Members of the Plann,ng Board
Southold Town Planning Board
PO Box 1179
Southold, NY 11971-0959
Re: Greenport Medical Offices and Residences
160 Route 25, Greenport
SCTM# 1000-34-2-1
Dear Chairman Wilcenski and Members of the Board:
At our Work Session with the Planning Board on Monday, September 12,
2022, the Planning Staff summarized the comments from the public hearing
before the Zoning Board of Appeals on the Applicant's Special Exception
Application held on September 1, 2022 and reviewed their Assessment of
potential impacts identified on Part II of the EAF. The primary concerns noted
at the ZBA hearing were noise, traffic, access over the "tail" portion of the
property, affordability of the apartments and the suggestion that these
concerns warrant a positive declaration under SEQRA. The Planning Director
clarified that the affordability issue was dictated by the Town Code and the
Applicant has already agreed to a covenant for affordability of units so that the
proposed work force housing remains available in perpetuity.
In the ensuing review of the Impact Assessment, Planning Staff
confirmed that the proposed action is expected to have LOW to NO impact on
the following resources:
• Land
• Geological Features
• Groundwater Quality
• Groundwater Quantity
• Surface Waters
• Flooding
• Air
• Plants and Animals
• Historic and Archeological Resources
• Open Space and Recreation
• Critical Environmental Areas
• Energy
• Human Health
The proposed action was also deemed to be not inconsistent with Community
Plans and the Applicant submits that the project is in fact consistent with
stated goals in the Town's Comprehensive Plan and with Residential Office
zoning regulations in the Town Code without the need for dimensional variance
relief.
The Planning Staff identified only three resources that may have
moderate to large impacts from the proposed action including Aesthetic
Resources, Noise and Light and Community Character. With respect to
Aesthetic Resources, the purported impact stems from the fact that two of the
proposed medical office buildings with apartments may be visible form NYS
Route 25 which is a scenic byway. It is noted, however, that the campus style
"architectural design of the buildings is not discordant with the character of
the area". It is also noteworthy that a 50' setback is proposed from NYS Route
25 that will be substantially vegetated with new and existing trees.
The finding that the proposed action may have an impact on the
transportation system was apparently based on the anticipated trip generation
numbers provided for the site, the proximity of the proposed access points to
the existing driveways and intersections and the development's interaction with
the traffic circle that is to be constructed by the NYSDOT at the intersection of
Route 25 and CR 48. The impact on noise was based on a comparison of
potential noise from construction and vehicle traffic entering and exiting the
premises in comparison to existing conditions on the vacant parcel. No
adverse odors are expected, and all lighting will be dark skies compliant. The
Planning Staff found that the stated impacts on these resources could
collectively impact community character. At the Work Session, the Planning
Director suggested that these concerns may possibly require the Board to
consider a positive declaration.
It is respectfully submitted that a positive declaration is not and cannot
be warranted here based on the perceived impacts to traffic, construction noise
and community character that are common to most every commercial
development in our Town with mitigation tools available through the Special
Exception and Site Plan approval processes. The Applicant has nevertheless
agreed to take the following actions to mitigate any potential impacts to these
resources:
1) To address and mitigate traffic concerns, the Applicant has prepared a
Traffic Impact Study (See attached Traffic Impact Study prepared by
L.K. McLean Associates, P.C. dated October 26, 2022) that builds on
the information already available from the extensive transportation
impact study completed by NYSDOT in conjunction with the proposed
roundabout and includes the following:
a. Additional discussion of post roundabout construction Levels of
Service as compared to existing conditions;
b. A review of Site Trip Generation, Traffic Distribution and Traffic
Assignment for the proposed development;
c. An Analysis of Driveway Intersection Location and Capacity for
the proposed development.
d. A review of pedestrian, bike and bus impacts;
e. A discussion of the minor impact the proposed development will
have on Levels of Service once the roundabout is installed;
f. A discussion of proposed revisions to the initial site plan to
further mitigate the potential for traffic capacity or safety
impacts; and
g. Conclusions and Recommendations regarding the original and
revised proposals.
2) As discussed in the aforesaid Traffic Impact Study, to mitigate traffic
concerns as well as concerns about noise and community character,
the Applicant will remove Building 11 1 from the site plan resulting in:
a. The elimination of 12,000 SF of medical office space and ten
(10) work force apartments;
b. A decrease in trip generation from the site;
c. A reduction in the parking requirement by 30 spots and a
smaller blacktop area;
d. Additional room for greenspace within the parking area.
3) As further mitigation of traffic concerns and to encourage and improve
pedestrian connectivity to the site:
a. Sidewalk access will be extended along the perimeter of the
parking area and driveway to Main Street; and
b. Bike racks will be available in secure locations adjacent to each
building.
4) To mitigate concerns regarding the scenic vista, the Applicant will add
more evergreen trees to the large green space buffer proposed on the
west and north sides of the property to amply screen the buildings
from the roadway.
5) To address concerns about noise, impact on neighboring parcels and
to bolster the project consistency with community character, the
Applicant offers the following mitigation:
a. The western access driveway off NYS 25 has been reduced in
size, curved and moved further north internally to significantly
increase the buffer on the southern border and eliminate any
encroachment of the driveway to the south;
b. Noise attenuating fencing will be installed along the southern
and eastern property lines to further reduce sound emissions
from the site and preclude access from the site to any adjacent
properties and the "tail" section of the parcel;
c. Additional plantings will be added to the southern and eastern
buffer to reduce sound emissions to the adjacent properties to
south and east. In addition, the "tail" section will remain fully
vegetated post construction;
d. The Applicant will eliminate weekend construction hours.
A revised Site Plan depicting the extensive mitigation proposed herein is
attached. It bears repeating that this project, as currently proposed, is entirely
compliant with all applicable regulations in the Town Code. The Applicant
submits that proposed mitigation addresses all potential impacts identified by
the Planning Staff and, as such, a Positive Environmental Declaration is not
warranted.
Please do not hesitate to contact me with any questions.
ery truly ,,ours,
.Marti i Innegan
MDF/as
Encl.
cc: Heather Lanza, Planning Director
Mark Terry, Assistant Planning Director
Brian Cummings, Planner
Paul Pawlowski
Chris Dwyer, LKMA