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HomeMy WebLinkAbout(1) Pos Dec and EAF 2 and 3.pdf OFFICE LOCATION: MAILING ADDRESS: Town Hall Annex P.O. Box 1179 54375 State Route 25 O��Q� SQ(/�yDl Southold, NY 11971 (cor_ Main Rd. &Youngs Ave.) D Southold, NY � � Telephone: 631 765-1938 www.southoldtownny.gov 011 1411,� ' PLANNING BOARD OFFICE TOWN OF SOUTHOLD August 11, 2020 Charles R. Cuddy, Esq. P.O. Box 1547 Riverhead, NY 11901 Re: SEQR Lead Agency & Determination - Strong's Storage Buildings 3430 Mill Road, Mattituck SCTM#1000-106.-6-13.4 Dear Mr. Cuddy. The following resolutions were adopted at a meeting of the Southold Town Planning Board on Monday, August 10, 2020: WHEREAS, this site plan is for the proposed construction of two (2) buildings for boat storage, one at 52,500 sq. ft. and the other at 49,000 sq. ft., located on 32.6 acres in the Mll and R-80 Zoning Districts where there are 69,245 sq. ft. of existing boatyard buildings; and WHEREAS, the Southold Town Planning Board, pursuant to State Environmental Quality Review Act (SEQRA) 6 NYCRR, Part 617, has determined that the proposed action is a Type I action pursuant to 617.4(b)(10): Any Unlisted action, that exceeds 25 percent of any threshold in this section, occurring wholly or partially within or substantially contiguous to any publicly owned or operated parkland, recreation area or designated open space, including any site on the Register of National Natural Landmarks pursuant to 36 CFR Part 62, 1994 [see 617.17]. The physical alteration of 3.74 acres exceeds 25% of the 10-acre threshold listed in 617.4(b)(6); and WHEREAS, on February 10, 2020, the Southold Town Planning Board has determined that this proposed action is an Type I Action under SEQRA as described above; and Strong's Storage Buildings Page 2 August 11 2020 WHEREAS, the Planning Board performed a coordinated review of this Type I Action pursuant to 6 NYCRR Part 617, Section 617.7 of the State Environmental Quality Review Act (SEQRA); and WHEREAS, no objection to the Southold Town Planning Board taking Lead Agency for the action was received; therefore be it RESOLVED, the Southold Town Planning Board hereby declares itself Lead Agency for the SEQRA review of this action; and be it further RESOLVED, the Planning Board, as Lead Agency, hereby makes a determination of significance for the proposed action and issues a Positive Declaration. If you have any questions regarding the information contained in this resolution, please contact the Planning Board Office. Respectfully, Donald J. Wilcenski Chairman Encl. OFFICE LOCATION: MAILING ADDRESS: Town Hall Annex P_O. Box 1179 54375 State Route 25 O��Q� S�UTyOI Southold, NY 11971 (con Main Rd_ &Youngs Ave_) Q Southold, NY � � Telephone: 631 765-1938 www.southoldtovzimy.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD State Environmental Quality Review POSITIVE DECLARATION Notice of Intent to Prepare a Draft EIS Determination of Significance Tax Map Number: Date: August 10, 2020 1000-106.-6-13.4 This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article S (State Environmental Quality Review Act) of the Environmental Conservation Law. On February 10, 2020 the Planning Board determined that the action is a Type I action pursuant to the following. 617.4(b)(10) "any Unlisted action, that exceeds 25 percent of any threshold in this section, occurring wholly or partially within or substantially contiguous to any publicly owned or operated parkland, recreation area or designated open space, including any site on the Register of National Natural Landmarks pursuant to 36 CFR Part 62, 1994 [see 617.171, or" The physical alteration of 3.9 acres exceeds 25% of the 1.0 acre threshold listed in 617.4(b)(6) below. 617.4(b)(6) "activitie5�other than the construction-of. re.sidential_facilities,.that-meet ar_ cee any of the following thresholds, or the expansion of existing non-residential 1 facilities by more than 50 percent of any of the following thresholds: A project or action that involves the physical alteration of 10 acres. The project will physically alter greater than 5 acres or 50 percent of 10 acres. The Town of Southold Planning Board as lead agency, has determined that the proposed action described below may have a significant impact on the environment and issues a Positive Declaration and that a Draft Environmental Impact Statement will be prepared. Name of Action: Strong's Storage Buildings SEQR Status: Type I X Unlisted Description of Action: This Site Plan is for the proposed construction of two (2) buildings for boat storage, one at 52,500 sq. ft. and the other at 49,000 sq. ft., located on 32.6 acres in the MII and R-80 Zoning Districts where there is 69,245 sq. ft. of existing boatyard buildings. The project involves the clearing of 3.9 acres on a parcel substantially contiguous to a Town of Southold owned open space parcel (SCTM# 1000-106-6-20.3) to the south. On February 10, 2020 the Planning Board determined that the action is a Type I action pursuant to the following. 617.4(b)(I0) "any Unlisted action, that exceeds 25 percent of any threshold in this section, occurring wholly or partially within or substantially contiguous to any publicly owned or operated parkland, recreation area or designated open space, including any site on the Register of National Natural Landmarks pursuant to 36 CFR Part 62, 1994 [see 617.171, or" The physical alteration of 3.9 acres exceeds 25% of the 10 acre threshold listed in 617.4(b)(6) below. 2 617.4(b)(6) "activities, other than the construction of residential facilities, that meet or exceed any of the following thresholds, or the expansion of existing non-residential facilities by more than 50 percent of any of the following thresholds: • A project or action that involves the physical alteration of 10 acres Evaluation: The proposed action has been evaluated for the potential to cause moderate to large adverse impacts using Part 2 - Identification of Potential Project Impacts of the Environmental Assessment Form (EAF). Based on this evaluation, the project has the potential to cause moderate to large adverse impacts_ The categories and numbering below correlate to the impact categories in the Part 2 EAF. I. Impact on Land b. The proposed action may involve construction on slopes of 15% or greater. A potential large, adverse impact may occur through the excavation of 134,921 CY (cut) of earthwork/sand/soil removal, construction on slopes of 15% or greater, excavating steep slopes, leaving slopes steeper than that which exist and removing large areas of vegetation on steep slopes and in other areas from the site. d. The proposed action may involve the excavation and removal of more than 1,000 tons of natural material. A potential large, adverse impact may occur through the excavation and removal of 134,921 CY of sand (364,286,700 lbs) or 182,143.35 tons. e. The proposed action may involve construction that continues for more than one year or in multiple phases. A potential large, adverse impact may occur to adjacent roadways, surrounding properties, neighborhood(s), and region through the clearing, excavation, transporting of materials and construction of the site during a multi-year period in multiple phases. The proposed action may significantly adversely impact the quality of life of residents and visitors. f. The proposed action may result in increased erosion, whether from physical disturbance or vegetation removal (including from treatment by herbicides). A large increase in erosion may occur through the clearing and excavation of a total of 3.94 acres which includes the removal of large amounts of vegetation in multiple phases. 3 3. Impacts on Surface Waters d. The proposed action may involve construction within or adjoining a freshwater or tidal wetland, or in the bed or banks of any other water body. The proposed action involves construction on a parcel adjoining a tidal wetland: Mattituck Creek. An area of tidal marsh located in the east of the property. e. The proposed action may create turbidity in a waterbody, either from upland erosion, runoff or by disturbing bottom sediments. The proposed action proposes to remove and transport large quantities of upland soils, including during the winter months. A moderate adverse impact could occur. h. The proposed action may cause soil erosion, or otherwise create a source of stormwater discharge that may lead to siltation or other degradation of receiving water bodies. Extensive site work is proposed that will clear large areas of vegetation and cause landform changes that could potentially cause turbid storm water runoff to enter Mattituck Creek during storm events. i. The proposed action may affect the water quality of any water bodies within or downstream of the site of the proposed action The propose action may affect water quality of Mattituck Creek and Long Island Sound. Adverse impacts from storm water runoff capable of overflowing impervious surfaces may introduce chemicals, nutrients, sediments or other pollutants into the waterbody. 4. Impacts on Groundwater f. The proposed action may require the bulk storage of petroleum or chemical products over ground water or an aquifer. The proposal includes the bulk storage of chemical and/or petroleum products over the Sole Source Aquifer Nassau-Suffolk. Four 2,000 gallon liquid propane aboveground tanks are proposed. The storage of chemicals used in Marina and vessel maintenance is expected. S. Impact on Flooding b. The proposed action may result in development within a 100 yearfloodplain. The proposed action will develop a 100 year and 500 year floodplain adjoining Mattituck Creek. blooding of portions of the parcel during storm events is expected within the FEMA blood Zone AE El 8. The proposed storage buildings are located within Flood Zone X; (unshaded); an area of minimal risk. However, the potential effects of climate change on the site must be evaluated. d. The proposed action may result in, or require, modification of existing drainage patterns. The proposed action involves the clearing, excavation and manipulation of the existing landform and therefore existing natural drainage patterns will be 4 altered. A large area of the lot will be converted to impervious surfaces that require engineered storm water controls. A potential, moderate adverse impact could occur to existing drainage patterns as a result of the action. 6. Impact on Air f Other: The proposal involves the operation of heavy machinery and trucks on and off site over a long duration of time that could result in moderate adverse impacts to local air quality. The proposal also involves the removal 3.94 acres of soil and vegetation including 493+ hardwood trees contributing to carbon sequestering_ Carbon sequestration is the process by which atmospheric carbon dioxide is taken up by trees, grasses, and other plants through photosynthesis and stored as carbon in biomass (trunks, branches, foliage, and roots) and soils. The oak is the genus with the most carbon- absorbing capabilities, there are other notable deciduous trees that sequester carbon as well. 7. Impact on Plants and Animals a. The proposed action may cause reduction in population or loss of individuals of any threatened or endangered species, as listed by New York State or the Federal government, that use the site, or are found on, over, or near the site. NYSDEC records indicate that the piping plover (Charadrius rnelodus) and the southern sprite (Nehalennia integricollis) potentially occur near the site, However, due to landform changes and use of the site, the occurrence of these species near or on--site is unlikely and low. Conversely, the Northern long-eared bat (Myotis septentrionalis) a listed federally-threatened species under section 4(d) of the federal Endangered Species Act of 1973 could potentially occur on the parcel. The clearing of 3.94 acres of woodland habitat could result in large, adverse impacts to the protected species. b. The proposed action may result in a reduction or degradation of any habitat used by any rare, threatened or endangered species, as listed by New York State or the federal government. The proposed action could result in a moderate to large adverse impacts to habitat. Habitats are used by insects, reptiles, amphibians, fish, mammals, birds for breeding, hibernation, reproduction, feeding, sheltering, migration or overwintering. The habitats may be used year-round, seasonally, or on a transient basis (passing through the area or during migration.). The clearing, excavation and grading of 3.94 acres of woodland habitat (a large area of woodland when assessed locally) may result in potentially large, adverse impact to all fauna on site-(protected and unprotected). Death and displacement of species could occur_ 5 C. The proposed action may cause reduction in population, or loss of individuals, of any species of special concern or conservation need, as listed by New York State or the Federal government, that use the site, or are found on, over, or near the site. The proposed action could result in a moderate to large adverse impact to the Woodland Box Turtle (Terrapene carolina carolina), a New York State-listed species of Special Concern on the parcel. The clearing, excavation and grading of 3.94 acres of woodland habitat (a large area of woodland when assessed locally) may result in potentially large adverse impacts to the species. d. The proposed action may result in a reduction or degradation of any habitat used by any species of special concern and conservation need, as listed by New York State or the Federal government. The proposed action could result in a moderate to large adverse impact through the clearing and excavation of 3.94 acres of woodland habitat resulting in a Reduction or elimination of the Woodland Box Turtle (Terrapene carolina carolina), a New York State-listed species of Special Concern from the area. g. The proposed action may substantially interfere with nesting/breeding,foraging, or over-wintering habitat for the predominant species that occupy or use the project site. The proposed action could result in a moderate to large adverse impact and significantly interfere with nesting/breeding, foraging or overwintering habitat by removing 3.94 acres of vegetation, including the removal of important habitat features such as dead trees used for nesting and cover. This habitat area is connected to a 25.29 acre parcel with similar habitat that is protected by the Town of Southold (SCTM# 106-6-20.3) to the south. This woodland assemblage comprises the largest undeveloped acreage in the Mattituck Creek watershed. Other areas of woodland to the south and to the west on the R-80 zoned portion of the parcel may also be affected. 9. Impact on Aesthetic Resources c. The proposed action may be visible from publicly accessible vantage points: i. Seasonally (e.g., screened by summer foliage, but visible during other seasons) ii. Year round The proposed action is of scale and dimension that will be visible from publicly accessible scenic resources (Mattituck Creek) by operators of vessels using the waterway during seasonal use resulting in a potential moderate impact to scenic enjoyment of the waterway. Note that Mattituck Creek is a Federal waterway. . .The-proposed-action may cause.a diminishment of the public enjoyment and appreciation of the designated aesthetic resource. 6 The proposed action could result in a moderate to large adverse impact to the aesthetic resource (Mattituck Creek) through the diminishment of public enjoyment by users and members of the community under different circumstances and activities in a location that also has an important role in recreation and tourism. economy. Both are important and changes to scenic and aesthetic resources may have adverse impacts on both the quality of life of residents and broader economic impacts. 13. Impact on Transportation a. Projected traffic increase may exceed capacity of existing road network. The proposed action could result in a moderate to large adverse impact by significantly increasing the number of vehicles (including construction and service vehicles) on local roads for long durations. Capacity of the roadways may be adversely impacted. The proposed action will add substantial traffic to the area and due to current road conditions, traffic, and intersection conditions, the roads may not have the capacity to handle it. Capacity considers the traffic conditions, road way characteristics, and traffic controls such as the signing or signals at intersections. It addresses the physical amount of vehicles and pedestrians a road can handle and does not depend on the total number of vehicles demanding service, but is influenced by the relative distribution of vehicles by lane. The geometric design of the road influences capacity (NYSDEC). The design and condition of the roads leading to the site (route) is a concern. Many areas exhibit stress cracks on the pavement. The design of the roads and the ability to increase traffic, including trucks, is a significant concern. Curves, declines and inclines exist on the route. The level of service (LOS) at intersections may be adversely impacted. While road capacity gives a quantitative measure of the amount of traffic that can be handled, level of service gives a qualitative measure of how well that traffic flows. For a given road, capacity would be constant, although it may vary at intersections. But actual traffic flow will be different for different days and different during a day itself. The intention of LOS is to relate the quality of traffic service to a given flow rate. LOS is a term that designates a range of operating conditions, based on delay, on a particular road or at an intersection (NYSDEC). In addition to the above assessment, a routing plan is necessary to adequately assess potential impacts to transportation. d. The proposed action will degrade existing pedestrian or bicycle accommodations. The proposed action could result in a moderate to large adverse impacts to the public and user groups from the increase of vehicular traffic on local and regional roads affecting the public's use and enjoyment of the roads while conducting activities (driving, walking, biking). The large number of truck trips proposed could result in large, adverse impacts to West Mill Road, Cox Neck Road, Suffolk County Route 48, New York State Route 25, Sound . .-Avenue, Northville Turnpike, Suffolk County .Route.-.5.8-and-other--local.and--regional ._ roads. 7 15. Impact on Noise, Odor, and Light a. The proposed action may produce sound above noise levels established by local regulation. The proposed action could result in a moderate to large adverse impact from excessive noise levels during long duration of site work and construction over a multi-year period. Noise associated with the operation of heavy equipment and trucks includes but is not limited to; engine noise, noise from moving and backing up heavy equipment (reversal warning sound) and the accelerating and deceleration and Jake braking of trucks, both on-site and as they travel through neighborhoods. Similarly, operation of chain-saws and wood chippers for long periods may generate large, adverse noise impacts to receptors in the neighborhood. 18. Consistency with Community Character e. The proposed action is inconsistent with the predominant architectural scale and character. The proposed action could result in a moderate adverse impact to existing community character (physical alteration on site over a multi-year period, large building size and noise). The intensity of the proposed action operations is different from the surrounding uses. The potential, adverse moderate to large adverse impacts could occur to community character from the multi-year construction timeframe in intensity and duration. Impacts are expected to be long in duration from the construction and operation of the proposed action. f. Proposed action is inconsistent with the character of the existing natural landscape. The proposed action could result in a moderate to large adverse impact to the character of the existing natural landscape through the clearing and excavation of 3.94 acres of land area including woodland in the Mattituck Creek watershed. g. Other: The proposed action could result in a moderate to large impact to community character from the increase of vessel traffic and potential, additional dockage in Mattituck Creek thereby affecting the water quality, public use and access of the creek. The size of expected vessels to be stored and serviced on-site in relation to the adequacy of the navigability of Mattituck Creek must be addressed. 8 Agency Use Only 11FApplicahle] Project: Sirong's storage Bui[dngs Dale. AuguSt 10,2020 Full Environmental Assessment Fornn Part 3- Evalnrcrtion of the Yllfagnitude and Importance of Project Impacts and Determination of Significance Part 3 provides the reasons in support of the determination of significance. The lead agency must complete Part 3 for every questionl in Part 2 where the impact has been identified as potentially moderate to large or where there is a need to explain why a particular element of the proposed action will not,or may,result in a significant adverse environmental impact. Based on the analysis in Part 3, the lead agency must decide whether to require an environmental impact statement to further assess the proposed action or whether available information is sufficient for the lead agency to conclude that the proposed action will not have a significant adverse environmental impact. By completing the certification on the next page,the lead agency can complete its determination of significance. Reasons Supporting This Determination: To complete this section: • Identify the impact based on the Part 2 responses and describe its magnitude. Magnitude considers factors such as severity, size or extent of an impact_ • Assess the importance of the impact. Importance relates to the geographic scope,duration,probability of the impact occurring,number of people affected by the impact and any additional environmental consequences if the impact were to occur. • The assessment should take into consideration any design element or project changes. • Repeat this process for each Part 2 question where the impact has been identified as potentially moderate to large or where there is a need to explain why a particular element of the proposed action will not,or may,result in a significant adverse environmental impact_ • Provide the reason(s)why the impact may,or will not, result in a significant adverse environmental impact • for Conditional Negative Declarations identify the speciFic condition(s)imposed that will modify the proposed action so that no significant adverse environmental impacts will result. • Attach additional sheets,as needed_ The Town of Southold Planning Board as lead agency,has determined that the proposed action described below may have a significant impact on the environment and issues a Positive Declaration and that a Draft Fnvironmental Impact Statement will be prepared See Determination of Significance supplemental narrative dated August 10,2020(attached)- Scoping will be conducted by public meeting at Town of Southold Town Hall or alternative method and location due to the current Pandemic. Determination of Significance-- Type I and Unlisted Actions SEQR Status: ❑✓ Type I ❑ Un€isted Identify pot7ions of EAF completed for this Project: ❑✓ Part I Part 2 Q Par[ 3 FEAF 2019 Upon review of the information recorded on this CAF, as noted, plus this additional support information See Determination of Significance supplemental narrative dated August 10,2020(attached). and considering both the magnitude and importance of each identified potential impact, it is the conclusion of the Town of Southold Planning Board .. .as lead agency that: ❑ A. This project will result in no significant adverse impacts on the environment,and, therefore,an environmental impact statement need not be prepared. Accordingly,this negative declaration is issued_ ❑ B_ Although this project could have a significant adverse impact on the environment,that impact will be avoided or substantially mitigated because of the following conditions which will be required by the lead agency_ There will, therefore,be no significant adverse impacts from the project as conditioned,and,therefore,this conditioned negative declaration is issued. A conditioned negative declaration may be used only for UNLISTED actions(see 6 NYCRR 617.7(d))_ © C. This Project may result in one or more significant adverse impacts on the environment,and an environmental impact statement must be prepared to further assess the impact(s)and possible mitigation and to explore alternatives to avoid or reduce those impacts. Accordingly,this positive declaration is issued. Name of Action: Suong's Storage Buildings Name of Lead Agency: Town of Southold Planning Board Name of Responsible Officer in Lead Agency_ Donald Wiilcenski Title of Responsible Officer: Chairman Signature of Responsible Officer in bead Agency: Date: Z�Z� Signature of Preparer(ifdifferent from Responsible Officer) Date: For Further information: Contact Person: Mark Terry Address: P.O.Box 1179,5309 State Road 25,New York 11971 Telephone Number:631-765-1938 1 -mail: Mark_Terry@town.southold.ny.us For Type I Actions and Conditioned Negative Declarations,a copy of this Notice is sent to: Chief Executive Officer of the political subdivision in which the action will be principally located(e.g_,Town/City/Village of) Other involved agencies(ifany) Applicant(if any) Environmental Notice Bulletin: htt ://w%v�v,dee.nv.nov/enb/enb_htn11 PRINT FULL FORM Page 2 of 2