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HomeMy WebLinkAboutMay 15, 2023 Public Hearing Transcript1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 TOWN OF SOUTHOLD COUNTY OF SUFFOLK: STATE OF NEW YORK ------------------------------------------- X TOWN OF SOUTHOLD PLANNING BOARD MEETING RE: STRONG'S STORAGE BUILDING DRAFT ENVIRONMENTAL IMPACT STATEMENT ------------------------------------------- X Southold, New York May 15, 2023 6:00 P.M. B E F O R E: James H. Rich III, Member Martin Sidor, Member Pierce Rafferty, Member Amelia Jealous-Dank, Member Heather Lanza, Planning Director Mark Terry, Assistant Planning Director Brian Cummings, Planner Jessica Michaelis, Senior Office Assistant James Squicciarini, Deputy Town Attorney 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MAY 15, 2023 2 STRONG'S STORAGE BUILDING MEMBER JAMES H. RICH III: Good evening. I would like to welcome everyone to this Public Hearing for Strong's Storage Buildings also known As Strong's Yacht Center. The purpose of this hearing is for the Planning Board to gather comments about the draft Environmental Impact Statement, also known DEIS for this project. The DEIS was required by the Planning Board on a New York State Environmental Quality Review Act, SEQRA, to evaluate the effects this project might have on the community and environment. This document must follow and answer the final scope which outlines all the potential impacts. No decision will be made tonight. This is not a referendum. It is for gathering information and comments. The next steps after tonight will be to continue this hearing on June 5th and we will gather and accept written comments through July 10th. Once the written comment period is 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MAY 15, 2023 3 closed, a Final Environmental Impact Statement also known as FEIS is prepared. After the FEIS is completed, the Planning Board prepares a final statement. This is where the Board states their findings about whether or not the impacts have been mitigated. The findings must be supported by the FEIS. The last step is a decision of the project by the Planning Board. This decision will be made by resolution at a public meeting at a future date after the findings statement has been completed. The decision must align with the Board's finding. This is a large and complicated project and I would personally like to thank the entire staff at Southold Town Planning Board led by Ms. Heather Lanza and Mr. Mark Terry for a tremendous amount of work that they have done on this project. This is only the first hearing on the DEIS, as we anticipate this hearing open and to continue on June 5th. And again, I said it before, the written comment is 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MAY 15, 2023 4 open now until July 10th. Tonight the following topics will be covered by the applicant's consultants and they have asked this order to be adjusted a little bit. Construction, related impacts and schedule and details they will begin with. Followed by traffic, noise. And if we have time, unavoidable impacts. And then the following meeting, June 5th, the following will be covered by the applicant's consultants; water, ecological services, air quality. Project alternatives and their impacts. The reason that we're splitting up the testimony of the consultants, is that the DEIS contains a large amount of technical information on every one. We want time for every one to get a chance to speak. If you look at it, it's like three major volumes thick. We will start with the applicant's and their consultants and the Board's traffic consultant. You can expect that would take about an hour. After they're done, everyone else will have a chance to 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MAY 15, 2023 5 speak. You may speak on any topic covered in the DEIS. Comments should be limited to the Draft Environmental Impact Statement and the impact of the project. Most helpful comments, are those of which address the reason, rather than whether you are for or against it. Please remember that this hearing is not about the people who are proposing this project. Personal comments about the applicant should be avoided. This is not a referendum on a Strong Family business. We respect them highly and I hope every one else will. As a courtesy to everyone wishing to speak, if someone has already said what you wanted to say, there is no need for you to repeat it. We have handouts for you that describe the protocol that we will follow for this hearing and also the process and steps going forward for this application. Please, we have already received many written comments. All will be entered in our record and reviewed the same way as we hear 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MAY 15, 2023 6 testimony tonight. If you have already sent written comments to the Planning Board, it is not necessary you read them tonight, it is not you read them tonight. I would ask that everybody remain respective of opposing thoughts and feelings. We would like to give everyone who wishes to speak a chance. So please keep your comments as brief as possible. If you're in agreement with the previous speaker, you can just state your name and address and voice your agreement. At 8:00 o'clock we're going to take a ten minute recess and at 9:30, we're going to adjourn until June 5th. So before -- Jess, do you want to read some of the ground rules? JESSICA MICHAELIS: Yes, I think we're going to ask the technical consultants to address the Board, first. MEMBER JAMES H. RICH III: Okay. Fine. Charles, did you want to speak first momentarily? JESSICA MICHAELIS: Please just state your name for the record before 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MAY 15, 2023 7 you speak? CHARLES CUDDY: My name is Charles Cuddy. I represent the applicant. This application is for two units that will store boats. The two units that we're talking about are 49,000 and 52,000 square feet. These units are to be placed behind the existing building at Strong's. As you may know, this is a Marine District. In the Marine II District, you can have all sorts of storing of boats and that is exactly what is planned. Ultimately, the boats are to come in the inlet. There will be 80 plus boats at this site. They will be stored in these two buildings. They will come in the Fall. They will leave in the Spring. We don't anticipate that they will interrupt any use of the inlet. And tonight, we're here to hear your comments on our EIS. Thank you. MEMBER JAMES H. RICH III: Thank you, Charles. DOUG ADAMS: Good evening members of the Board. My name is Doug Adams. I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MAY 15, 2023 8 an Engineer and Partner at Young Associates. Offices in Riverhead, New York. The later section 3 talks about construction and the proposed need and the construction schedule and briefly summarize what is going on with that. The proposed excavation is needed for this project. It is required in order to construct the proposed similar buildings to the similar elevation that are already there in the bulkhead. That elevation is around elevation 10. And the vessels that are going to be serviced and utilized here are large and can't be moved with traditional moving trailers that can move steep grades and what not. So they will be using what is called a "travel lift." Basically a giant cradle for large boats and it just can't navigate elevations and grades with a great change. So the elevation of the buildings need to be very similar to that of the existing building. The project area is about 6 1/2 acres and includes about a 1/2 acre in the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MAY 15, 2023 9 Residentially Zoned of the property and about 6 in the MII portion. As Charles said the buildings are permitted in the MII District. And with certain market for large boat owners that currently use waters for recreation. In terms of the construction schedule activities, the proposed project has a construction time of over a year. About half of that time would be preparing that site. Performing the grading and necessary for construction of the buildings necessary. Phase One would be the -- first part would be excavation, which takes about half the time. Phase One of the excavation would be about 123,000 cubic yards of material that have to leave the site. That will take about 5 to 6 months. Using Mill Road to the west of the property, and a haul road that would be constructed specifically to deal with that large amount of material. Keeping the activity and trucks away from the main entrance and at northern part of the residential area. Phase Two will be 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MAY 15, 2023 10 removing about 12,000, or a tenth of the total yardage and would take only about a month. Utilizing Mill Road, which is conventionally known as the entrance to the Strong property. Construction of the buildings will take about another six months. A little more specifically, the first thing that would have to happen on the site is tree removal and grubbing and construction of that whole road to prepare this property. For the other activities, that's only going to take about two weeks. The excavation Phase One, as I said would be 5 to 6 months. This would be the bulk of the excavation activity, including over 90% of the material required to excavate -- needed to be excavated to complete the project, which as I said before would utilize the haul road. The second phase of excavation would just take a few weeks, if not four weeks. It would basically get rid of the last 10%, as I mentioned before. As it can't use the haul road because now we'll be down to 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MAY 15, 2023 11 the elevation of, you know, getting to the elevation of where the buildings are gonna be. The next item would be the onset of the retaining wall construction. That should be about three weeks. This would include the beginning of the construction part of the wall. Part of the retaining system for the excavation is going to be the buildings themselves. So these phases will have some overlap. Then there's excavation for drainage installation, and other infrastructure, but the drainage is probably the bulk of what would need to be excavated. It's a -- it's a pretty large drainage system. That would be about eight weeks. And then the remaining construction phase for the buildings would be approximately six months. So that includes the onset of the retaining wall. So as soon as the major part of the excavation is done, we move into starting construction of the retaining wall, and the buildings. And that's about six months 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MAY 15, 2023 12 as I said. At that point, the construction activity is moving along at a normal pace with normally anticipated construction activity, and the schedule is expected to be -- expected to be more than halfway through at this point. Some other information that I just wanted to point out is the overall work week would be Monday to Friday, 7 A.M. to 5 P.M. for the excavation phases. The overall work week of Monday to Saturday, 7 A.M. to 7 P.M., with less truck activity on Saturdays during the construction phase. This is largely due to Saturdays are typically reserved for maintenance of equipment, and sort of getting ready for the work week again. And the hours of operation would be reduced for daylight savings. Next, we'll have our other consultant come up to talk about some of the traffic that's related to that construction. RON HILL: Good evening. My name is Ron Hill. I'm a principal with the firm Dunn Engineering Associates, 66 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MAY 15, 2023 13 Main Street, Westhampton Beach, New York. As has been stated, the proposed project is to build two dry storage buildings. One of 52,500 square feet. One of 49,500 square feet. The buildings will be winter storage for the yachts averaging 60 feet in length, with a maximum of footage of 85 feet. The completed project will result in the addition of 13 new employees. Will generate most of the new traffic for the site. Some of the new traffic will also be generated by the work that's done on those boats while they're in storage. There'll be regular deliveries of materials that are common to the boat yard now. Carried by the same vendors that do, or occasionally be larger deliveries. Like an engine or something that won't come in with a regular vendor. It will be a regular delivery. These will be somewhat infrequently because we're not -- there's not that many boats being worked on all the time. Yachts of this size will ride by water. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MAY 15, 2023 14 They're just too big to transport over the road. In the Fall, over a period of several months, the yachts will be delivered to the site by the owner or his crew. And some will be picked up by Strong's employees, and will be brought to the site. In Spring, the reversible. Other than the new employees arriving in the morning and leaving in the afternoon, the new buildings will generate little new other traffic. The new traffic that is expected to be generated was analyzed at intersections required by the Town. The amount of traffic the completed project will generate will be small and no negative impact is expected. The construction of the project will create more traffic with varying degrees when the project is completed itself. The amount and type of traffic, the project will generate will vary by construction phase. Clearing and grubbing on the site expected to take two weeks will begin December 1st and go to mid December. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MAY 15, 2023 15 During this phase, it's expected to utilize approximately nine workers and generate 4-30 yard trailers of debris each day. Phase Two or Phase One, I should say, of the excavation, will consist of the excavation of 135 cubic yards of material. This will generate a total of 8100 30-yard truck trips. That'll be -- the material being. JESSICA MICHAELIS: Excuse me, please don't speak if you're not at the microphone. Thank you. RON HILL: The material being removed is 100 and 35,000 cubic yards. The number of 30 yard truck trips that will be generated is 8100. 8100 in. 8100 out during this Phase One construction. The final 1,212 cubic yards of excavated material. That will be during the first two weeks -- that will be during the first two weeks of May. Following the major excavation, trucks will haul -- 400 of the trucks will be used for that, and 30 yard trucks. 400 coming in and going out. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MAY 15, 2023 16 With that schedule over the 10 hour day, we expect 40 trucks per day. Monday through Friday. Four trucks in, and four trucks out each hour. Following the excavation and grading, retaining wall will be constructed and drainage will be installed. This will occur over a 6 to 8 week period. During this period, up to six trucks will deliver material for this work to the site each day. At the same time, the drainage and the sanitary is going in, the building construction will start with the foundation work. And trucks of various sizes will bring material. For instance, in the beginning with the foundation, there'll be concrete trucks. Later, there'll be larger delivery trucks pulling in the steel for the frame, and the siding. And then will go electrical, plumbing and that kind of thing. During the construction, that will be the period when the most employees will be used. And that will vary between 20 and 60 workers per day. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MAY 15, 2023 17 They will generate the bulk of the trips during construction other than the trucks. The employees will come from contractors yards. Many of them transported by van or in trucks that they'll use on site. It's anticipated they'll generate a maximum of 40 trips in, 40 trips out of the site each day during the construction. The trucks to remove material from the site, bringing construction material to the site. We use a designated project truck. That route will consist of West Mill Road, Cox Neck Road, Sound Avenue, Northville Turnpike, Old Country Road and the Long Island Expressway. The traffic was analyzed at the two -- the two heaviest construction periods. And traffic will be the highest. And that was during the Phase One excavation. During the Spring and Winter to analyze for the Spring months. And then in the Summer, when the building construction is going on. And we had more employees on site, as well as, some truck. The traffic was 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MAY 15, 2023 18 analyzed at the intersections identified by the Town, and no traffic impacts were identified by this capacity analysis. The concerns regarding the potential impacts of trucking materials to and from the site, special investigations were held. Arching companies were contacted to determine whether excavated material could be removed by barge. The the barge is necessary to do this kind of work require. Require a 10 foot draft at low tide. The Mattituck Inlet only has a 5 to 7 foot draft. In addition, there are sharp turns in the inlet that barges will not be able to navigate because of the their draft and their width. Barging material out does not appear feasible. Studies were also performed to determine what the damage of project trucks may cause roads they used. The study was done by Tri-State Planning Engineering and Survey. It is intended -- appended to the Traffic Impact Study. The study was also done during -- using Federal Highway 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MAY 15, 2023 19 Administration, New York State Department of Transportation, Equivalent Signal Axle Load Procedures. The study indicated that only West Mill Road would experience a significant amount of ware reducing its life expectancy by 11%. Other roadways would experience less than 2% loss of life expectancy. The owner has pledged to inspect and repair the deficits in West Road and Cox Neck Road daily during trucking operation. In addition, he will work with the Town to repair any damage done during the construction. Noise and vibration studies were also conducted regarding trucking operation, as well as, other non-on-site operations. They will be covered by Mr. Sean Harkin in the next presentation. Potential mitigation measures were also proposed. An alternate of retaining 13,000 cubic feet of material on site by spreading the excess material to a height of no more than 1 foot on an unused and lightly vegetated portion of the property. West 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MAY 15, 2023 20 of the excavation is also being considered. This would result in a 10% reduction in the excavation activity. Consideration was also given to Walton trucking route using Bergen Avenue rather than lower Cox Neck Lane between West Mill Road and Sound Avenue. Reducing the speed limit on West Mill Road, Cox Neck Road, from 35 miles an hour to 25 miles an hour during the duration of the construction could be also considered. Truckers will be instructed to go no more than 30 miles an hour. Even if the speed limit is not changed. We also suggested considering re-striping West Mill Road and Cox Neck Road to provide 10 foot wide travel lanes, increasing the shoulders that are there. West Mill Road and Cox Neck Road will be monitored daily to detect rough surfaces and potholes. They will be repaired immediately by the applicant. Flaggers will be used for maintenance protection, traffic at locations where the roadway curves or an intersection 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MAY 15, 2023 21 where project trucks may be required to cross the road center line. I have attempted to cover the important aspects of the traffic study. The study; however, covers much more and in greater detail that would be impossible to convey in this short presentation. I should direct your attention to the written report for more information and detail. Thank you. DOUG ADAMS: Just a quick point of clarification. I think Ron misread -- JESSICA MICHAELIS: I'm sorry, can you just state your name again? DOUG ADAMS: Doug Adams, Civil Engineer, partner at Young Associates. Ron had mentioned 8100 trips in and out during Phase One. It's 4100 trucks trips in and out on Phase One and 4100 in and out on Phase Two of the excavation phase. SEAN HARKIN: Good evening, Mr. Chairman and members of the Planning Board. My name is Sean Harkin. I'm a Senior Acoustic Consultant at 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MAY 15, 2023 22 SoundSense, LLC, with offices at 39 Industrial Road in Wainscott, New York. Tonight I will be providing an overview of the noise and vibration impact analysis we completed for the project. I'll begin -- I'll cover each individually. So I'll begin with the noise impact analysis that we performed. Acoustic greetings were collected at the project site between April 14, 2021 and May 23, 2021, to quantify the existing background sound levels without exit -- without existing vehicle traffic and were collected at two sites at the Strong's Yacht Center property. Using the existing background sound levels, as well as, existing traffic data provided by Dunn Engineering, a model in an acoustic modeling software called Sound Plan was constructed. The model was constructed to develop a model for existing sound levels for a wider area of evaluation using the existing vehicle traffic. Once the existing conditions model was complete, additional acoustic 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MAY 15, 2023 23 models for the proposed development and various construction phases were generated to evaluate the impact of construction activities, and the additional park traffic on local roads. Construction analysis showed that as expected, there are acoustic increases in noise level at nearby residents; however, there are no requirements within the Town of Southold noise ordinance regarding maximum permissible sound levels during construction occurring between 7 A.M. and 7 P.M. Monday to Saturday. Additionally, the New York State Department of Environmental Conservation does not provide recommendations for construction noise since its impacts are temporary. Regarding additional truck traffic, although there are additional increases in sound levels, which would exceed outdoor New York State Department of Transportation overall recommendations, all receivers with windows closed are expected to meet New York State 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MAY 15, 2023 24 Department of Transportation recommended criteria for interior sound levels. Department of Transportation Guidelines are instructive only and are not requirements since the increases are only temporary during construction. These increases are only during the construction period. Since tree clearing and excavation are proposed to start in December, and early winter, it is anticipated that most residents would have windows closed during this time, and not be spending significant time outside. Thereby reducing the potential impact. Should be noted, that all traffic noise models were constructed using the Federal Highway Administration's Traffic Noise Model Methodology used inside the sound plan, acoustic modeling software. This does not account for any further mitigation, such as, disengaging jake breaks or using trucks, which may be quieter than the standardized model, which would lead to the model being completed as a 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MAY 15, 2023 25 conservative model, and anticipated to be an over prediction of truck noise. To reduce the impact of construction activities, the applicant has committed to the following mitigation measures. Construction activities would be limited Monday to -- Monday to Friday, 7 A.M. to 5 P.M., as Doug noted. In accordance with the Town of Southold noise ordinance, no work would be completed on federal or state holidays. Work times during the excavation phase would be limited 7:00 to 5:00 Monday to Friday. During the construction phases or work on Saturdays -- Sorry. During construction phases, work on Saturdays and after 5 P.M. Monday to Friday, will only include vehicle and machinery maintenance and planning. No such maintenance or planning would be completed on federal holidays, state holidays or on Sundays. All vehicles which require the use of a backup alarm will use a white noise backup alarm instead of a single tone alarm. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MAY 15, 2023 26 Although reaching the same overall loudness to be compliant with OSHA criteria, the white noise alarm allows for a lower differential to background sound levels, by distributing the sound level across a wider range of frequencies. Instead of having all the sound energy at one singular frequency. This helps to decrease the perception of the backup alarm. All truck drivers will be instructed to disengage all jake-brake mechanisms once turning onto Cox Neck Road from County Road 48. And all dump trucks utilized will be Tier Four Certified by EPA standards. Although the tier -- although the Tier Four Certifications do not have a noise component, sound level data was collected of a sample Tier Four dump truck and demonstrated that there may be expected reduction ranging from 11 to 22 DBA compared to standardized information from the Federal Transportation Authorities Transit Noise and Vibration Impact Assessment Model. Published in 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MAY 15, 2023 27 2018. These are significant reductions. A difference of 10 DBA is typically described as half of the perceived loudness. While 20 DBA would typically be described as one quarter of the perceived loudness. Therefore, an 11 to 22 DBA reduction would be quite significant compared to the standardized criteria used for the evaluation. Regarding post construction noise levels, anticipated noise sources at the proposed buildings were evaluated. Under the proposed plan site generated noise is predicted to be compliant with the Town of Southold Noise Ordinance. And increases in sound level are anticipated to be no greater than four DBA, which falls under the criteria for no impact per the New York State DEC. Alternative plans including an alternative site plan and alternative truck route plan were also evaluated. Although the review of the alternative site plan was also found to be compliant with the Town of Southold noise 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MAY 15, 2023 28 ordinance in its completed state, it resulted in higher sound levels during construction due to the fact that the construction area is no longer excavated. Since the proposed plan included excavation and created a natural acoustic barrier around the project site, this reduced projected sound levels associated with the construction site predominantly to the west and to the north one excavation was complete. With the excavation phase no longer occurring in the alternate, the natural barrier is eliminated. Resulting in additional noise exposure during the construction period for a greater number of residents. In a review of the alternate excavation truck route, which included routing return trips down Bergen Avenue instead of down the southern part of Cox Neck Lane, there was a benefit associated with routing those truck trips down Bergen Avenue for the residents on the southern part of Cox Neck Lane. No significant 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MAY 15, 2023 29 acoustic impacts were anticipated for residents on Bergen Avenue as a result of the alternate truck route. I'll now switch to the Vibration Analysis portion of the work that we completed. During the review of the DEIS submitted previously in December of 2021, concerns were raised by the Town of Southold Planning Board and the New York State Historic Preservation Office regarding potential damage to historic structures, and nearby residents from construction at the project site, as well as, truck traffic on local roads. Since New York State does not have specific vibration criteria, recommended criteria from the Federal Transportation Authorities, Transit, Noise and Vibration Impact Assessment Manual were used. I'll refer to this as the FTA Guidelines. Additional data from the State of New Hampshire Department of Transportation's ground vibrations emanating from construction equipment were also consulted. Refer to these as the New 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MAY 15, 2023 30 Hampshire Guidelines. FTA Guidelines included peak particle velocity or peak vibration levels in the ground. Recommendations to avoid structure damage for four categories of buildings, ranging from reinforced concrete, steel or timber. Down to buildings extremely susceptible to vibration damage. To evaluate possible damage to historic structures, Category Four, buildings extremely susceptible to vibration damage was used to evaluate impact to historic structures. To evaluate impact to residential structures, Category Three, non-engineered timber and masonry buildings was used. In addition, ground born routine squared or RMS velocities, which is -- so what we're saying in average. In velocity decibels were evaluated for potential impact to nearby residents. To evaluate predicted vibration -- vibration readings of a Peterbilt 389 2020 edition dump truck were collected on August 2, 2022. To evaluate measured vibration levels as a 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MAY 15, 2023 31 result of trucks passing on West Mill Road, and at the Mattituck Creek Tide Mill located at 5575 West Mill Road and at the Frame Water Tower located at 5670 West Mill Road. Existing vibration measurements showed that the peak particle velocity in an RMS velocity measured due to dump trucks is equal to or below existing vibration levels, which were also measured with existing traffic present. However, all the vibration levels were significantly lower than the reference data that is included in the FTA Guidelines. Specifically vibration levels measured on West Mill Road of the dump truck passing were only 9.2% of the reference values in the FTA Guidelines, which is a very significant reduction. This reduction is expected due to Long Island's unique sandy soil structure, due to its formation from a passing glacier. The reference values that are in the FTA Guidelines are reflective of the entire country, which have a much 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MAY 15, 2023 32 different soil structure and thereby much different vibration transmission patterns. Although measured vibration levels are significantly less than the standardized guidelines, A conservative approach was used with both the FTA Guidelines, reference vibration levels, as well as, the FTA Guidelines methodology for predicting impact, with a typical soil structure. This model was made even more conservative with information from the New Hampshire Guidelines which had suggested alterations to the FTA Guidelines methodology for more efficient vibration transfer. Analysis using the FTA guidelines method along with the corrections made from the New Hampshire Guidelines resulted in worst case scenario, minimum distances from roadway surfaces, to avoid damage to historic structures of 17 feet from the road surface for damage -- for historic structures, and 11 feet from the road surface for damage to residential 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MAY 15, 2023 33 structures. For recommendations for interior vibration levels, those had a minimum distance of 79 feet from the road surface. However, using the measurements that were collected near the project site, these distances would be reduced to 2 feet from the road surface, to cause damage to historic and residential buildings, and a minimum distance of 29 feet to exceed recommended interior vibration levels from truck traffic. On West Mill Road and Cox Neck Road, although there are some structures within 79 feet of the road surface, no structures are closer than 29 feet, likely that the actual distance for potential interior vibration disturbance, which is not the same as damage, is somewhere between these two numbers. Regarding exposure to historic structures. Sorry. Reviewing storage structures provided by PW Grosser, along with the truck route from Mattituck through Riverhead, there was only one historic structure that was 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MAY 15, 2023 34 closer than 17 feet from the roadway surface. This is the Water Tower and building located at 3380 Westmore Road, which is 12 feet from the road surface. Once again, although the threshold for damage is likely between the 17 feet calculated through the FTA Guidelines and the 2 feet calculated through the measurements collected near the project site, the 17 feet was used for a conservative analysis. To address the potential impact, the following mitigation measures have been implemented. A vibration monitoring plan has been developed, which will provide alerts to the acoustic consultant and the construction management team should vibration levels approach the damaged criteria. Arrival and departure times for trucks to be loaded or leaving the site will be logged to correlate any measured vibration alerts. If it is confirmed that an exceedance is due to the operation of a truck associated with the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MAY 15, 2023 35 construction, truck operators will be required to reduce speeds near the Water Tower and buildings, so that vibration is reduced. All drivers are to be notified of any speed restrictions. Should two alerts confirmed due to truck vibration occur on the same day, the trips are to be halted until additional data can be collected and further mitigation can be implemented. In addition to vibrate -- in addition to vibration due to truck traffic, vibration due to construction equipment was also evaluated for the FTA Guidelines. The highest minimum distances from construction equipment were found to be 42 feet to cause damage to historic structures. 27 feet to cause damage to residential structures and 146 feet to exceed recommended in indoor vibration levels. All nearby residents and historic structures exceed those distances with the closest structure, a distance of 171 feet from the edge of the construction site. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MAY 15, 2023 36 Although there are no impacts or anticipated impacts, the applicant has agreed to implement vibration monitoring measures during construction to ensure that vibration levels do not exceed the recommended criteria. This includes deployment of three vibration monitoring terminals near the construction area. Notification -- if an exceedance is measured to the construction manager and acoustic consultant, verification of the type of exceedance within the vibration monitors, cloud hosted portal, should the cause of the exceedance be linked to construction activities, construction should be halted immediately until appropriate measures. Such as operating fewer pieces of equipment near the construction boundary or moving construction activities away from the construction boundary, can be implemented. The only exception to halting the construction would be if it presents a life safety issue for the construction workers or if it would 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MAY 15, 2023 37 result in an unsafe structure at the time of halting the construction. In each of these cases, construction should only be continued until such time as all workers would be safe and that all structures are stable and would not be in danger of collapse. Thank you. CHARLES CUDDY: The last item is to be transferred into the final hearing in June 5th. The alternatives and impacts will include the unavoidable impacts. Talk about it at that time. So there'll be no further comments from the applicant. JESSICA MICHAELIS: Thank you, Charles. MEMBER JAMES H. RICH III: Jess, I'm gonna ask you to read some comments. JESSICA MICHAELIS: Thank you. Please be respectful, and remain quiet while others are speaking. This hearing is recorded and for a clean record at all times, please refrain from applauding, calling out or making any other noises. Each person may only 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MAY 15, 2023 38 speak once. You can line up at one of the podiums. State your name first. Direct all your comments to the Planning Board. Limit your comments to three minutes. A tone will sound after 2 minutes and 30 seconds. To alert you that you have 30 seconds remaining. A second tone will sound at 3 minutes to let you know that your time is up. We appreciate your adherence to this time limit. If three minutes is not enough, you can submit the rest of your comments in writing. You have until at least July 10th to do so. Written comments have the same weight as verbal comments. After you're done speaking, please write your name on the sign in sheet. Those attending via Zoom will be in invited to speak after all in-person attendees have spoken. On Zoom, you may raise your hand and if you're on the telephone, please use *9. The Board plans to keep the hearing open until the next public meeting, June 5th. If you do not have a 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MAY 15, 2023 39 chance to speak tonight, you will be able to do so either in person or on Zoom at the June 5th meeting. Written comments can be submitted in the Planning Board Office or via e-mail. Thank you. MEMBER JAMES H. RICH III: Thanks, Jess. So I guess we'll start on the west side. State your name, and then after you finish, please write your name legibly. So we have it for the record. JOEL KLEIN: My name is Joel Klein. I live in Mattituck. In my opinion, as an environmental professional with more than 40 years of experience writing and reviewing environmental impact statements, many of the conclusions in the DEIS are either not supported by the accompanying data or actually contradicted by the data collected by the applicants consultants. Evidence of this is indicated in the detailed comments I am submitting tonight. For example, the DEIS states that during the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MAY 15, 2023 40 six month long excavation phase of the project, a total of 4500 quote "total trips by 22 wheel haul trucks will be made along West Mill and Cox Neck Roads and Sound Avenue." That is not true. The DEIS never uses the term round trip. The Board required the DEIS to use the Institute of Transportation Engineers methodology to count trips. The preparers of the DEIS should have known that the ITE defines a trip as a one way movement. As a result, the DEIS implies that construction traffic volumes will be half of what they will actually be. The real number of haul truck trips will be more than 10,000. The DEIS assumes that each truck hauling sand will be filled to its maximum 30 cubic yard capacity. It also states that each truck has a maximum permitted loaded weight of 107,000 pounds. However; the geo-technical report in the DEIS indicates that most sand from the project site weighs 3100 pounds per cubic yard. Based on that information, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MAY 15, 2023 41 each truck will be able to carry only 24 cubic yards of sand. Not 30. Without exceeding the maximum allowable weight. This will require more truckloads per day, as many as, one every 6 minutes, 10 hours a day, 5 days a week. For 6 months or longer. The DEIS also downplays traffic impacts in another way. The traffic study includes a number of tables in very small type listing traffic count data according to the FHWAs 13 truck size categories. However; the DEIS lumps all trucks bigger than pickups into a single heavy truck category. Doing so, allows the DEIS to say that project truck traffic will not add significantly to existing traffic. However; if one looks only at semi-tractor trailer traffic, it turns out that the project will cause an approximately 8,000% increase in semi traffic on West Mill Road. On the basis of the traffic analysis alone, the DEIS cannot be used as a basis for assessing project impacts. The underestimating of 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MAY 15, 2023 42 traffic impacts also means that the project's schedule impacts the pedestrians and bicyclists, road damage impacts, noise impacts, vibration impacts, impacts the historic structures. Air quality impacts and impacts on emergency response times have all been underestimated. Thank you. MEMBER JAMES H. RICH III: Thank you, Mr. Klein. MS. LOUIS HARRISON: Evening, members of the Planning Board. Louise Harrison, Save the Sound. I live and work in Peconic. Thank you for holding this hearing. We hope you're pleased by the level of community support here tonight, for your important work. The simplest and most obvious feature of this proposal, is there is no room for it on the site without imposing severe unmitigated adverse environmental impacts. Your decision will be consequential. At stake are the integrity of Mill Road Preserve, wildlife, Mattituck Creek, the clean 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MAY 15, 2023 43 water productive maritime resources. We also highly value, and much more. As Lead Agency, you need to reach a decision that's legally sustainable. The good news, the public has scrutinized this DEIS and is here to offer insight. Save the Sound stands with save Mattituck Inlet in its criticism of the proposal and of the DEIS. The DEIS obscures what it should illuminate. It strains credulity. For example, do you really believe that a stormwater system emptying rainwater from giant metal rxooftops into dry wells is superior to a forest's ecosystem services? Because tree leaves give off water vapor? DEIS in this way, portrays forest loss as a win. The DEIS is deceptive about the extent of future sea level rise inundation on the site. And remember, rising seawater lifts groundwater along the shore. Groundwater intercepting septic and stormwater systems could affect Mattituck Creek's water quality in only 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MAY 15, 2023 44 a few years. The DEIS misapplies Southold excellent coastal policies. Gives erroneous treatment to the Endangered Species Act. Downplays the adverse effects on our public investment Mill Road Preserve in favor of private gain. Ignores that Southold's native forests are the Town's best places for replenishing clean ground water and delivering untainted water to our creeks and bays. You can't -- you just can't rely on this document. Please require the applicant to provide access to DEC's wildlife units so they can verify presence or absence of endangered species on the property. A DEC Incidental Take Permit may be required. Please request to the applicant consider public purchase of the property's native coastal Oak Beach Park Forest, and please prepare the final EIS yourselves using your own consultants. Thank you. Save the Sound will submit detailed comments before the period -- comment period closes. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MAY 15, 2023 45 MEMBER JAMES H. RICH III: Thank you, Louise. Harvey? MR. HARVEY ARNOFF: Harvey Arnoff. I live on Sound Avenue. I used to sit up there as a Town Attorney with you guys. I'd like to just deal with something a little different. I'm not being technical tonight. Let's be real. What this application is about is sacrificing the good of many for the very, very few. Now, we have where we live 80 trucks a day. Go outside and take a look at the truck. Take a look at the truck that's out there and ask yourself, would you want 80 more trucks than go buy your house regularly to be in front of your house. During -- let me point this out. During peak travel times. 7:00 to 5:00. School buses. Nobody mentioned that. Nobody mentioned the fact that could be -- they could be put at risk. The school buses are there every day. Five days a week. That's what they're doing. We have something that I did not read before. They're 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MAY 15, 2023 46 talking about reducing the speed to 30 miles an hour. That's gonna invite people passing on a double yellow line. I presume as we go through life. Now, this is gonna continue for six months. Approximately 14,000 trips in front of our house. Is that what you want? Is that what you want to see this Town to do? Now, there's a simple solution to some of this. At least I think it is. This all could be done at night. If in fact, the Board would bend in some way. There is no way that this works in the daytime, that this works for our community. It could be done at night. It may require some manipulation of code. It may require some manipulation otherwise. And it may cost, oh my God, the applicants some more money. Let him use some of the substantial money that he's getting for all the sale. Thank you. MEMBER JAMES H. RICH III: Thank you for your comments. Sir? BOB DELUCA: Good evening, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MAY 15, 2023 47 Mr. Chairman, members of the Planning Board. My name is Bob DeLuca. I live in Southold Town and I serve as president of group for the East End. Nearly 40 years experience in Land Use Impact Assessment, civic engagement across the region, I'm here tonight to urge you to ultimately deny this application. It is simply impossible for this proposal to responsibly meet the environmental review and mitigation requirements imposed on it and you, under the State Environmental Quality Review Act and your own Comprehensive Plan. More specifically, given the ongoing development under the current zoning, the fragile coastal nature of this parcel, the project's adjacency to preserve land, its direct impact on nearby residences, the vulnerability of the site to future impacts and sea level rise, the extreme nature of site preparation required and the proposals inescapable impacts associated with 160,000 tons site generated sand and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MAY 15, 2023 48 gravel, twisting through winding residential roads from Mattituck, and all points west. Quite simply, at some point, you have to ask, what were they thinking with this application? But don't take my word for it. The Planning Board need only look to its own files to see that when a similar proposal for two very large boat storage buildings was attempted on this site two decades ago, the Board clearly indicated the proposal was unacceptable due to its extensive excavation, its intrusion into residentially zoned areas, its massing of proposed structures, its vulnerable coastal location along the waterfront. That was June 8th of 2000. Fast forward. 20 years, in the Planning Board can see nearly identical concerns raised by the Suffolk Planning Commission. In its review of April of 2020. Extensive excavation, increased flooding and storm surge vulnerability. Increased runoff and wastewater management issues. The risk of 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MAY 15, 2023 49 repetitive economic loss for both of the buildings that are proposed, but even more important is the Town's Comprehensive Plan, a decade in the making and now the duly adopted planning policy of this Town. Among its many goals, the Comprehensive Plan is unambiguously clear. The Town is to support the protection of soil and geologic features. Exactly the opposite of the soil and features that this project will erase, if it proceeds. It's also the Town policy now to protect upland habitat and trees. Exactly the opposite of the 600 trees destroyed, if this project proceeds. And this Town policy to preserve the quality of life in residential neighborhoods. And I'm sure you'll hear more about that from others. At the end of the day, the Planning Board cannot make decisions that are inconsistent with its duly adopted Comprehensive Plan. And if they are, what was the point in preparing it? In summary, the subject proposal is 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MAY 15, 2023 50 essentially a more intensive reincarnation of an already failed project that the Southold Planning Board had the good sense to reject more than two decades ago. As such, it would be an incredible step backward for the Planning Board to further entertain this proposal. And before this applicant needs -- And before that, this applicant needs clear direction that there is no path forward here. And that the this direction must come sooner rather than later. Enough is ultimately enough. Thank you for your time. MEMBER JAMES H. RICH III: Thank you. Yes? MARIA FASULO: Hi. My name is Maria Fasulo, and I'm a homeowner in East Marion. But I am a boat owner, and have the pleasure of actually having our boats being serviced and cared for by Strong's for the last 20 years. I've also worked with other marinas in this area. And I can tell you there's not even a ounce of how -- the difference of 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MAY 15, 2023 51 how good Strong's is versus any of these other marinas. One of the reasons I like to use Strong's is because they're a family business that is not gonna be taken over by national companies that really take advantage of situations of boat owners. We have no recourse. I take -- even though I keep my boat in Greenport, I take it to be serviced from Mattituck. And one of the reasons I do that is because the work is done right. They care about the customer. They care about the boat. And one of the reasons we all enjoy being out here on the North Fork is because of the water. Whether you look at it or whether you ride on it. And boating is a critical part of keeping the value of our community. And I believe that Strong's with its commitment to the Town, to its community, will do the right things. And that's one of the reasons they've done as much as they have trying to make sure this application is done properly. I believe that with the right research 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MAY 15, 2023 52 and with the right community input, things can get done to help the owners of boats. Having inside storage is really critical to keep the value of your boat also. It's very tough winters and it actually takes away the value of our boats when they have to live through the winter outside. So keeping it inside, being able to get work done over the Winter, so you don't lose valuable time in the Spring. So you can actually get out on the water and enjoy it. This is about enjoying what's mostly around us out here. And that's the water. And I believe Strong's helps us to do that. And does it in a very positive way. I understand where everybody comes from, but I appreciate the chance to hear it from this side. MEMBER JAMES H. RICH III: Thank you for your comment. Yes? DEBORAH WETZEL: Good evening to the Chairman and the Southold Town Planning Board. My name is Deborah Wetzel. I'm speaking tonight on behalf 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MAY 15, 2023 53 of Karen Testa. She's President of Turtle Rescue of the Hamptons. This is an organization that rescues, rehabs and releases turtles. Dear Southold Town Planning Board. I'm writing to express my opposition to Strong's Yacht Center development project. I believe that the Draft Environmental Impact Statement does not adequately address the mitigation efforts to protect the eastern box turtle. The box turtle is listed as a New York State species of special concern. According to table five of the DEIS, the box turtle has been observed on site. And is expected to be found in any one of the vegetated upland habitats of the project site. The study states in order to minimize potential impacts to the turtle. Sweeps and surveys for turtles will be conducted prior to commencement of clearing, grading and excavation activities. And any observed turtles will be relocated to areas that will not be disturbed. Silt fencing or other 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MAY 15, 2023 54 barriers will be installed around work areas to prevent turtles from returning to construction areas. These statements are misleading and inaccurate and a danger to the eastern box turtle survival and therefore, should not be considered mitigation for the adverse impacts of this proposed development. All species of native turtles, including eastern box turtles, hibernate underground from October through May. They live in underground burrows and in tree stumps. Every New York species of turtles nest on land and dig their undetectable nests. Approximately 6 to 12 inches underground. Eastern box turtles are elusive by nature, and their camouflage makes it almost impossible to find them in a natural setting. Therefore, sweeps and surveys should not be considered mitigation to the adverse impacts of this proposed development. Fencing and other barriers will not stop the eastern box turtle strong instinct to return to its nesting and feeding 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MAY 15, 2023 55 habitat. Turtles will instinctively travel along a barrier perimeter to find a weakened spot or small opening. If turtles cannot find an opening, they will likely dig under the proposed fencing or worse, become entangled leading to injury and possible death. Turtles will also follow the fencing line, which could lead to public roadways and vehicular traffic leading to injury and possible death. Therefore, fencing and (inaudible) should not be considered mitigation for the adverse impacts of this proposed development. For all of the above stated reasons, the proposed mitigation efforts of conducting sweeps, surveying and installing barriers to protect the eastern box turtle are ineffectual and absurd. They should not be considered mitigation for the impact -- for the adverse impacts of this proposed development. Please use your authority to reject the DEIS and find a better alternative. Sincerely, Karen Testa. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MAY 15, 2023 56 President of Turtle Rescue of the Hamptons. Thank you. MEMBER JAMES H. RICH III: Thank you. PAUL PAWLOWSKI: Good evening. Paul Pawlowski. Mattituck resident. I wanna speak in a more practical way. There's been a lot of technical data put forth and -- and that's all very, very important, but maybe it's not all negative. As a North Fork town, don't we wanna support a working waterfront? Especially one that's been there for many, many years. And hopefully for many more to come. Isn't that the whole point of most of that inlet? As a working waterfront? Don't we want to support new jobs? Don't we want to support that truck that's out there? That truck actually lives on that road that most of these 4500 trucks are gonna travel. Environmentally, is an indoor storage better than outdoor? I could see a lot of other things done at that property that would be much more 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MAY 15, 2023 57 significant impact environmentally speaking, if Strong's weren't the applicant before us. And that's not a scare tactic. That's just reality. Indoor storage of 100,000 square foot roughly, that's not a lot of boats in the real world. It's just not. There's many more boats on in that inlet as we speak. And when you're factoring regular boats that are being trailer in over many years to come versus ones that are coming by water, there's gonna be a lot more traffic over the next 50 years. (Inaudible) at by road and just simply maybe that person that owns their boat, didn't put the gas in right or things of that nature. If there's an issue with gas or oil indoors, it's noticed immediately. And the one thing we could all agree on if you go to their marinas, they're fairly clean boat traffic again. 100,000 square foot sounds like a lot. The boats they're talking about, we're talking, it could be 60 boats. It could be 80 boats, but that's the boat traffic 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MAY 15, 2023 58 is -- you won't even notice in the real world. In the practical sense, you just won't. And luckily, and while this is one of the headaches for this construction project, but when it comes to boat traffic, it's pretty close to the inlet in the south. It's not further to the south. So that long term speaking is, is better than if it was further to the south. Removing sand and soil, it can be done clean. It can be done as with good practices. But yes, and I agree, I wouldn't want that many trucks going by my house. But we're trying to work a waterfront or not myself. I'm not even, I don't work there. I have nothing to do with this application. Thank God. But the truth is, the truth is, you know, it can be done right. And there's been a lot of technical terms, but the environmental impact can be done right. The water runoff will be better and you could just have a two minute conversation on that compared to coming down the hill into 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MAY 15, 2023 59 the creek. Removing trees is a concern and it should be, and soil and sand. But let's put this in practical sense. This is a 32 acre piece of property and they're looking to develop roughly two acres. Just over two acres, 100,000 square foot of buildings. That's the equivalent of adding a 3,000 square foot garage on a one acre piece of property. So, no -- no, it's 7%. So yes, there is that annoyance of trucks going by and construction and there's never a perfect application. JESSICA MICHAELIS: Yes. I'm sorry. PAUL PAWLOWSKI: So I just wanna say, I hope the short term concerns don't outweigh the long term goals of improving and creating a working waterfront. Good luck. MEMBER JAMES H. RICH III: Thank you for your comments. PEGGY LAUBER: Good evening. I'm Peggy Lauber, President of North Fork Audubon Society in Greenport. This 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MAY 15, 2023 60 proposal would directly destroy a natural bluff and directly or indirectly destroy all acres of a pristine coastal Oak Beach Forest classified as rare by New York State. The proposal would eliminate about five acres of the forest outright, and degrade the entire remaining eight plus acres through collateral impacts of forest edge effects and fragmentation. This forest contains prime bird and wildlife territory, including habitat for dozens of New York State protected, endangered, threatened, special concern and other species. The project will create negative impacts on the neighboring Mill Road Preserve, Mattituck Creek, Mattituck in Long Island Sound and the East End as a whole. Oak and Beach Trees and other native trees are of special ecological importance in supporting entire ecosystems of organisms. Both above and below ground. The DEIS addressed the environmental impact on one endangered bird species, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MAY 15, 2023 61 the Piping Plover, and states that they live over half a mile away on Breakwater Beach, who would not be adversely impacted. But their foraging area extends up Mattituck Creek and even beyond. And besides the Piping Clover, there are 13 other birds of protected status documented in the area. We've calculated actually a total of 89 bird species that would be impacted by this permanent loss of nesting foraging and hunting habitat. Just to give you an idea, we just tabulated them. This is the Audubon Birds of America Book. This is how many species we're talking about. So this area is on the Atlantic Flyway, an important stopover corridor, for millions of birds that migrate annually along the Eastern U.S. from Canada to the Caribbean and South American backs. So they're passing through and stopping over. The DEIS State said 122 species of plants exist on the site, but there's no analysis of how many of these are on the New York State list of endangered 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MAY 15, 2023 62 and otherwise protected plants. It also mentions one species of New York State protected Salamander that could be impacted by this project. However, there might be up to six species. It doesn't address the hundreds of species of butterflies, moths, bees, turtles and bats that may live in the Coastal Oak Beach Forest. We urge the Town and Strong's to consider an alternative to preserve this Coastal Oak Beach Forest and connect it to the neighboring Mill Road Preserve. Thank you. MEMBER JAMES H. RICH III: Thank you for your comments. Sir, please state your name. STEVE BAKTIDY: My name is Steve Baktidy. I've been in Mattituck for over 50 years. I live on Mattituck Inlet and been doing -- my family's been doing business with the Strong family. My dad, with Jeff's father, and me, with Jeff and my son, as well. So three generations on three generations. But I'm not here to talk -- I'm here to talk 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MAY 15, 2023 63 about the Strong brand. Everybody keeps saying about -- MEMBER JAMES H. RICH III: I don't mean to cut you off, but the Strong brand is not what we're talking about here. We're talking about a project. STEVE BAKTIDY: All right. (Inaudible) was a disaster before the Strong's went in and took it over. Mattituck Inlet Marine as well was a disaster. Everything -- everything that they touch, they make beautiful. They make it nice. They make it proper and they bring value to the community. So in no doubt in my mind that if he does this project. He's gonna make it look beautiful. And he's gonna bring value to the area and to the property. So that's all I have to say. Thank you. MEMBER JAMES H. RICH III: Thank you for your comment. THERESA DILWORTH: Hi, good evening. My name is Theresa Dilworth. I live in Mattituck. Off Sound Avenue. I'm a Board member and the Treasurer of 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MAY 15, 2023 64 the North Fork Audubon Society. And I'm also head of the Trail Maintenance Subcommittee, where we maintain the trails of a 55 acre County Park in (inaudible) County Park where the Audubon headquarters are located tonight. I want to talk about bats. We do have an 80 page set of comments that we're going to submit in writing. Where we talk about 20 or so endangered birds and other species. But tonight, I'm gonna talk about bats. Before I get into the discussion, I want to just briefly talk about the different levels of protected status under Federal and New York Law. The different categories of conservation status. So the first status is extinct. Extinct means that the species no longer exists anywhere in the world. The second status is endangered, which is defined as of high risk of becoming extinct. The third -- the second -- the second is threatened, which is high risk of becoming endangered. So that's Level Two. Third 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MAY 15, 2023 65 is special concern, which is high risk of becoming threatened. And the fourth is the high priority species of greatest conservation need, which is high risk of becoming special concern. So the one I'm gonna focus on is endangered, which is the highest level of risk of extinction. So the DEIS says there's 20 species of mammals at the site, of which four are bat species. And that none of the bats are endangered. The DEIS consultant did not make any on-site visits to check for bats. I made on-site visits and I find -- I found nine species of bats, not four. In fact, I found all nine bat species that are known to live in New York State. And how did I find these bats? I have a bat detector. Actually, we had two of them. They plug into the charging port of an iPhone. There's a microphone here. You hold it up and it can detect the ultrasonic sounds that bats make. They're called echolocation calls. They are beyond the range of human hearing. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MAY 15, 2023 66 So this device can pick up the call. And every species of bat has a different call. In terms of the frequency pitch volume, timber, the length of the call, the frequency of the repetitions, the time of the length, the time between repetitions, etcetera. So this device can detect the species of bats automatically. I mean within seconds. Through the logarithms and the technology that it has. And also it records the sonogram. So you can look at them physically. You can look at them on a chart. You can see the shape of the sonogram, etcetera. It's very similar to the technology used in the Merlin Bird Identification App. For those of you who are knowledgeable about bird watching. There's a very similar app, which is actually free that you just hold up. You just hold it up, you record and it will tell you what bird species you're listening to. So it's very similar to that. JESSICA MICHAELIS: Thank you, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MAY 15, 2023 67 Theresa, your time is up. THERESA DILWORTH: Oh, ok. I just want -- we will have more details in our report. KEVIN BYRNE: Hi, my name is Kevin Byrne. I live in Mattituck. And I'm also the Commissioner and Chairman of the Mattituck Park District. And I'm -- want to talk a little bit. I understand this is a very controversial issue in our community. I just want to mention a few things. One is that, as far as, I know, no one or no agency or company or anything, owns more property on the Mattituck Inlet than the Mattituck Park District. And as Chairman and Commissioner, I am tasked and with the responsibility along with my fellow commissioners to protect and preserve them. (Inaudible) That's fine. Well, with the exclusion of Mr. Deegan officially. Thank you for interrupting. Thank you. It is our responsibility to maintain, protect and preserve that inlet. And in that regard, as I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MAY 15, 2023 68 mentioned, I believe we have the most property on the Mattituck Inlet of any person or agency or company. Probably the second highest amount of property on the Mattituck Inlet is owned by Strong's Marine and the Strong's family. So they have an equal, almost nearly equal interest and concern for the preservation of the Mattituck Inlet. Along with some of my fellow commissioners, it's just about two years ago now, I attended a meeting here at Town Hall where the discussion was the Mattituck Inlet and the condition and the need for remediation of several major problems with the Mattituck Inlet. We know there's a run-off problem. We know the Inlet is being polluted by runoff water coming down and draining into the Inlet. We know that the Inlet has issues with its bottom. It needs to be dredged. We also know that there's need for soil testing and other things to determine the actual condition of that Inlet. And I just want to say 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MAY 15, 2023 69 that, you know, this is a controversial issue and there's a lot of information on both sides. I would ask you to consider what was mentioned earlier, about the history of the Strong's family. The way they've dealt with the Inlet. The way they've handled their properties on the Inlet. And I would also remind you or point out to you the Save the Inlet and Save the Sound people, that if you decline this project, if you decide to not approve it, you will have done nothing to Save the Inlet. Thank you. KEVIN WINES: Hi, good evening. My name is Kevin Wines. I'm originally from Mattituck and current employee at Strong's Marine. First, I wasn't gonna even comment about it, but I've heard the word "natural cliff." The area that they're looking to excavate was put there by the State. It's not original to the area. So don't go there. But the reason I really wanted to talk was when I went to high school in Mattituck, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MAY 15, 2023 70 looking for career and jobs, and I felt I had to go to greener pastures and move on. Because it was not that many opportunities for young people to grow and raise a family. I joined the military after college. And then worked for the Federal Government, which I helped -- I had a very secure job. Once my family became pregnant, I wanted to move home. I wanted to move back to where I water skied and where I sailed and fished and did all those things, and raise my son in that area. And so we have the same upbringing. I had a hard decision because how do I move home when I have such a secure job? Doing some research on Strong's, the decades that they have been in business prior to me, the generations that their family has owned and run the business, and the sheer amount of times that they have grown. They started with one property. And now I've lost track. Okay. There's a lot. But that speaks to the longevity of Strong's and the longevity of where 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MAY 15, 2023 71 this project can lead. And most importantly, it provides jobs for someone like myself to move back to this area and raise our children and raise a family where we can afford to live. Affordable Housing is great, but it means nothing if we don't have a job and a career to sustain that livability. And that's why I'd like to say. Thank you. PAUL ROMANELLI: Evening. My name is Paul Romanelli. I have a business in Southold. I live in Cutchogue. Couple of things. I tend to believe that stray and feral cats out here probably kill more birds in a month than land clearing two acres would do. And there's never really any criticism when a farmer clears two acres of land for farming because we all support farmers out here. This is a business that is trying to land clear to put up and grow their own business, which really helps this economy. We -- I don't think anybody realizes how large the marine economy is 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MAY 15, 2023 72 out here on all aspects. It's not just rich people with boats. It's smaller people with boats. They're creating 14 jobs. But that's just 14 jobs from Strong's. Those boat owners, the people that repair those boats, all live, work out here. Those boat owners will visit our stores, our restaurants, buy supplies out here. So the economy from that is much bigger. I also -- I'm a member of the North Fork Chamber of Commerce and the Mattituck Chamber of Commerce, as well as, the newly reformed and revised Southold Business Alliance. And we are a pro-business group with still concern for what's best for the Town, the environment and the economy. Businesses can't be stifled for growth purposes if it's done right. And historically, this particular family for four generations has done a tremendous job of making sure that the marine quality, the work they do, the repairs they make are done in such a way that it helps produce more work for all of us on 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MAY 15, 2023 73 the east end of the island. And I wanna make sure that everybody understands the short term effect of clearing this land and those trucks will help improve in the long term the Mattituck Inlet and the businesses that are there, as well as, the businesses that go through here. Thank you very much. JAMES HINSCH: My name is James Hinsch. I live in Laurel. I've known this Strong family for over 40 years. They're people of integrity with a commitment to the North Fork and its maritime history. They're ambitious people. They're not reckless people. Every project that they have undertaken has improved the physical plant where they employ collectively over 150 people in approximately nine locations throughout Long Island. Jeff and Ree raise their family here in Mattituck. They live on Mattituck Inlet. Like so many others enjoy what it has to offer for recreation. They can be seen kayaking and boating on the same inlet 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MAY 15, 2023 74 with their children and grandchildren throughout the year. The project is ambitious, and it will temporarily inconvenience the neighborhood. The property is zoned for this usage. There's no need for any special variance. The Strong's have done everything that the town has asked them to do and more they have taken into consideration the disruption that their project will cause temporarily and have committed to minimizing that to the best of their ability. Yacht storage for vessels of this size is currently going on at this facility. This is not a new use. The Town's own local waterfront plan calls for expanded use at this location. One of the Strong's concerns about the future of our community is a properly trained workforce. Jeff has been in communication with our local school districts to encourage students to consider a career in the marine industry. Many of our youth need to leave Town to seek employment. This 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MAY 15, 2023 75 project will result in more better paying jobs in our community. There will be an increase in revenue for the Town, State and County. In terms of property and sales tax collected. The project will help ensure that this location remains a working boatyard. Over the last few years, we've seen many businesses on the North Fork, sell to large out of town corporations. This is one of our own family owned businesses, who are not selling to outside interests, but see a need in their industry and want to expand their capacity to meet that need. Thank you. ANNE SHERWOOD PUNDYK: Hi, good evening. My name is Anne Sherwood Pundyk. I do want to thank the Planning Department and the Board for all of your extensive work, and in keeping with that. I want to respect the those efforts by having my comments address the topic of the evening, which is commenting on the DEIS, as opposed to other things. So I live at 1185 West 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MAY 15, 2023 76 Mill Road in Mattituck. Less than a mile from Strong's Marine Yacht Warehouse project. I have spent over 50 years translating the three dimensional world into two dimensional images using many different media, including architectural drawings, photography, digital tools, such as Photoshop. I have a Master's Degree in Fine Art from one of the country's leading art schools and I work full time as a professional artist. My painting studio is adjacent to our home in Mattituck. So I first visited the North Fork as a small child. I'm deeply sensitized to the qualities of light, natural beauty and rural character of the North Fork. I have deep family roots. My great grandparents and grandparents are laid to rest in Orient. All right. I'm qualified to evaluate the physical impact information presented in the revised DEIS based on that. So the conclusion in the DEIS that there will be no significant visual impacts from 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MAY 15, 2023 77 the project is not supported for several reasons. The materials presented in the DEIS are in key respects, poorly prepared and omit information necessary to determine the nature and full significance of the visual impact of this project, within the context of the shoreline and community character of Mattituck, as required by the final scope of the DEIS. The information the DEIS centers on, is the relationship of the existing buildings to the proposed buildings. Not the relationship of the buildings to the project's natural setting. For example, the DEIS states existing buildings seven and eight would effectively screen most of the proposed buildings nine and ten from properties to the east of the subject property. Meaning, this is the view from the water looking directly across. So that's the view. So what they don't mention is the gaping hole behind all of these buildings, where the entire woodland hillside has been removed. So that line 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MAY 15, 2023 78 that you see now, would now go down like this. So that's a visual impact and it's very strong. Furthermore, in the set of architectural drawings provided by the developer, there's no elevation showing the topography. The buildings but no topography. We don't know exactly -- We won't -- can't determine visually what those the change in elevation will look like. This is just one example. I'm outlining several more in a detailed written response I'll be giving, you know, later to the Planning Board. And I do support the positions that have saved Mattituck Inlet. MEMBER JAMES H. RICH III: Thank you. TERRI BOYLE ROMANELLI: Hi. My name is Terri Boyle Romanelli. I live in Cutchogue, and I am here to ask the Board to support this project and support the businesses and economic development in our community. And I'm going to read some of the goals from our Comprehensive Plan that support our 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MAY 15, 2023 79 economic development. And you will see that this project with Strong's, supports all of them. Goal One, encourage new and facilitate the growth of existing business sectors that pursue stable and sustainable employment. We know that Strong's does that. We've heard that from people before. My son had a summer job there. They're great. Two, promote economic development that ensures an adequate tax base without compromising the unique character of the Town. We all know that we are an agricultural and maritime town and we have always been a tourist town. And the tourists that they bring to this community help our farms and our businesses thrive. And we thank them for that preserve and encourage industries that support existing and future agriculture and agriculture uses. They certainly do that, and they are very good stewards of the land as we have all observed as community members here. Preserve, encourage and continue 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MAY 15, 2023 80 to support existing and future maritime uses as an important business sector within the Town's economy. And they certainly do that. And I'm asking the Board to show your support for Strong's and show you support for economic development in our town that will enable us to continue to thrive. Change is inevitable. We are going to change and we need to manage the change, but we also need to respect the businesses that have gotten us to where we are today and have thrived. And we need to continue to support them as they find new ways to be profitable and bring jobs to this community and bring additional recreational opportunities for us, and the tourists who come here to visit us and help our community thrive. So I'm asking you to please support this project. Thank you. ANTHONY MARTIGNETTI: My name's Anthony Martignetti. I own the old mill and I'm currently renovating it. I'm a direct neighbor of this project. Please 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MAY 15, 2023 81 don't let my affiliation with trying to lift the old mill call into question my sanity. While I'm very good friends with some people who don't support this project, I'm also very good friends with the Strong's and people that do. I know this is a very tough moment for the community, but I'm actually here to support the project. I think a lot worse things could be going on there. The first thing that I see is that there was a hotel -- 200 room, which is what it's zoned for. That would be 800 cars a day coming in and out. This traffic isn't a great thing, but there -- it's only going to be six months of car traffic and big truck traffic. It's not great. I live at the top of the road, but they're trying to do what they can. Secondly, this is only winter storage. If they were trying to add 60 more slips and increase boat traffic, that would be a very tough thing. That would also, in fact, inflict a lot of damage on the waterway itself, but these are boats 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MAY 15, 2023 82 that are coming in once and out once. Lastly, I own the two historical buildings that people have spoken about in the events. In the earlier presentation. I happen to have the same structural engineer and he assured me that I am not to be concerned about the vibrations that are happening. And lastly, I'm very concerned about Mattituck Inlet. A lot of you like to look at it. I actually swim in it every single day of the Summer. That also might call into question my sanity. But, I love it. My wife kayaks there. I ride my bike up and down the road. If we're really concerned with the runoff and the storm drains of the, of the Strong's buildings. There's a 24-inch storm drain that is under the City's control that runs straight out of a City through my bulkhead. And every time it rains puts all of the runoff off Mattituck, off West Road. Straight over my floating dock and into the water. It pumps all the pesticides and all the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MAY 15, 2023 83 green grass, fake stuff that people use on their lawns up and down the road. That's really something we could talk about if we want to talk about Save Mattituck Inlet. Aside from that, I know that this is a very tough thing and it was tough for me -- tough for me to come to these conclusions, but I have looked into it as deeply as I can. Thank you. MEMBER JAMES H. RICH III: Thank you. ANGELA DEVITO: Good evening. My name is Angela Devito, and I'm a resident of the Town of Riverhead. And I'm here to plea with you this evening to consider this project as a North Fork project. The impact although it's only for a brief period of time, six months during the construction phases of this, on the Town of Riverhead will be considerable and perhaps they are some of the unanticipated impacts that are going to be discussed at another point. Another date. The fact that you're 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MAY 15, 2023 84 going to be having one truck on the road every seven minutes means that in the Town of Riverhead, every hour, there will be seven of these trucks traveling either on Northville Turnpike or on County Road 58. On County Road 58, as opposed to coming out of the Town of Southold. There are 17 traffic lights at a traffic circle, at a hospital site, that will have to be maneuvered by these massive trucks with their massive loads over time. The noise that will be generated by them will not only disturb patients in that hospital, but will interfere directly with the ability of ambulances to get patients that need care to those hospital, to those hospital services. The impact, we have the largest school district on the North Fork. We have 5500 students who are bussed every single day. Starting at 6:10 A.M. in the morning. And going through 5 o'clock at night, our buses are on the roads. The impact of having these massive trucks who will have to 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MAY 15, 2023 85 stop and come to halt at 17 traffic lights as they travel through our town is considerable. I would just ask at this point, I looked at the DEIS very briefly. Have to admit that. And we were sort of an afterthought. A little footnote in there and we're not the impact on us and the impact of this project should have been considered across the towns as a -- and as I said, as a Norfolk project. So I'm asking that there is a mechanism to do this, that it be put in place immediately. And thank you for your time, and thank you for holding this hearing. MEMBER JAMES H. RICH III: Thank you, sir. State your name, please. JERRY ADLER: My name is Jerry Adler. I'm a resident of Mattituck. In public venues, Mr. Strong speaks eloquently as we -- as many of his supporters have tonight, of his desire to honor the maritime history of Mattituck and Southold Town. And the DEIS presents this project as a means to 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MAY 15, 2023 86 ensure that tradition, which is a goal also of the 2020 Town Comprehensive Plan, and the Local Waterfront Revitalization Program. This project is the wrong way to go about it. It does nothing to enhance the maritime character of the town, the Hamlet or the inlet, which were built around commercial and the sport fishing and small boat recreation by local residents. Not storing multimillion dollar yachts. The project comprises two enormous sheds with no more visual appeal or apparent maritime function than warehouses. The boats they are meant to service will be shut up inside for half the year and sailing somewhere else the rest of the time. Whether or not they get built, yacht owners will continue to buy, dock and service boats at Strong's and at Strong's other marina locations and store them for the Winter wherever they store them now. Strong's marinas are a thriving business. Mr. Strong is not making a hardship 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MAY 15, 2023 87 claim, but to the extent that revenue from the yacht storage project is necessary to subsidize the Strong's company or might be in the future, surely there are other less environmentally destructive ways to accomplish this. Public and private entities including Southold Town, Suffolk County and the Peconic Land Trust routinely purchase properties or development rights to preserve land in its natural state or in agricultural production. Why not extend those initiatives to maintain shoreline property for maritime uses? Enabling Mr. Strong to achieve the goal of ensuring the future of his property, the character of the town, and his family's legacy without digging up an entire hillside in the process. MS. SHELLY: My name is Shelly (inaudible). I live in East Marion and as a North Fork resident animal lover and all around nature lover. I am very much against the destruction of 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MAY 15, 2023 88 Mattituck Inlet and the community is there against stealing the homes and environment of many species of endangered and soon to be endangered, birds, mammals, reptiles, butterflies, bees, and against destruction of our tree friends that supply us with fresh clean air, shade and visual beauty. Congestion will be created in one way. One way out roads. That the general public needs to communicate to for their work, shopping and other needs. And which will interfere with school buses and getting the kids to school on time. I was a bus monitor. And you have to get them on time. You -- there's no ifs, ands or buts. The benefits of life and beauty in nature will be replaced with a flat out big unsightly hole, pure ugliness and total community chaos. This action is nothing more than an act of financial greed, personal gain and lack of regard for humanity and Mattituck wildlife land and community. The Strong's should not be allowed to 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MAY 15, 2023 89 destroy this site on Mattituck Inlet or any other place on the north or south shore. MEMBER JAMES H. RICH III: Please stick to the project. Please. MS. SHELLY: Thank you. PHIL KARLIN: My name is Phil Karlin. I'm a commercial fisherman and I've been fishing out of the Mattituck Inlet for 55 years. And I just want to make one point about the creek in Mattituck. It's been more productive in the recent years than it was 50 years ago. It was good then, but it's gotten better even. With the runoff from. And as far as the project goes, really not gonna have much. And there's twenty some odd -- full-time commercial fishermen, (inaudible) on Strong's to service our boats, store our boats. And they're at -- we'd have to travel 25-30 miles to get more. If we break down, we have to get to. So it's very important that this project goes through. And as far as the impact on the surroundings, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MAY 15, 2023 90 it's just a little bit of an area. Plenty of woodland around Mattituck and I love wildlife and I see it all over it and it will move. I know around Riverhead. We have acres and acres of woodland and it's still productive with wildlife and lizards and frogs and turtles and everything. But it's important that for us as commercial fishermen to support our families. Help dependent and Strong's has done a very good job. So I appreciate them. Thank you. DAVE CHICANOVIC: Dave Chicanovic. Local businessmen of a landscape business, retail business out here. Lived here all my life. Born and raised and I listen to the comments that I hear tonight. And I am just as much concerned about the environment, water and everything that everybody's talked about tonight. As anyone -- my family have preserved over 70 acres of farmland in the process to help keep it the way it was. Which was memories long ago 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MAY 15, 2023 91 that I remember what nice, beautiful land we had out here and waterways we've got invaded. I call it invaded. I had a lot of people that enjoy the beautiful area that we have here. The reasons they enjoy it, is the way we try to keep it the same way. And if there's one company that would do it, it would be Strong's. Everything that I've seen on that seems very appropriate. That I'm sure there's gonna be hiccups and problems. But if there's anybody leading the charge, it would be them. I'd be happy to support. I am also a member or a committee member of the Southold Tree Committee. They've reached out to us and they are going to assure us that there's going to be additional trees being put throughout the Town of Southold, courtesy, because of the impact that they're affecting us one area. So you talk about getting rid of some birds and things in one area. They'll be coming to another area in town. That's our mission. The Tree 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MAY 15, 2023 92 Committee is to try to keep the way this looked 40 years ago, the same today. That's a problem. Fortunately with the help of the Town Hall, we are getting better funding and we're able to do more tree plantings on a yearly basis, which has been fantastic. But again, keeping this area the way we want it, is a hard job. Everybody wants to say "no, not in my backyard or not next door." Well, you know, the simple solution is like buy the property, you'll keep it the way you want it. If you want it that way, it's zoned properly. They're going through every hill and dale to get this progress -- this project done and I fully support and hope you do. Thank you very much. MEMBER JAMES H. RICH III: Hey, John. JOHN SINNING: Hi, John Sinning. I'm a full-time commercial fishermen. I fish out of Strong's Yacht Center. I just wanna repeat what Phil said about the support that Strong's has given to 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MAY 15, 2023 93 the entire commercial fleet out of Mattituck, including the five or six guys that are in there, plus aquaculture project that's in there. So indirectly, Strong's, not only are they providing jobs at the marina, they're running a number of other jobs of commercial fishermen, out of (inaudible) and like other people have said here, I believe that Strong's will do the right thing with their property. They already they already have. Thank you. ERIC SCHIEBLER: So my name is Eric Schiebler. I'm a driver of all those beautiful boats that we're talking about bringing in and out of Strong. I drive all those. And so very much like Kevin here, I left New York a long time ago. I was fortunate enough to have the opportunity to come back home. And being a captain, as many of you also suffered from, we have seasonal business out here in the north end, and in the marine industries. And so Strong's have been fortunate and -- have been kind 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MAY 15, 2023 94 enough to offer me the opportunity to work for them, but I'm done in October. So the impact not only to me but to other crew members of all these different vessels that -- that they're (inaudible) over the winter time. It creates far more than just (inaudible). It provides opportunities for so many of us in the industry to extend our season. A very important amount of money that we don't otherwise see from November to say, you know, March. If you ever stepped foot on any of the properties that Strong has, you can't stop and say that they would intend to any of the properties. Those properties are absolutely beautiful. And the clientele that they bring to their facilities are -- you know, their they're higher-end, you know, upper middle class. Happy people. Bringing revenue to all of the communities around here and add that number of people from other places. I mean, from Connecticut, from Rhode Island. The indoor storage is very, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MAY 15, 2023 95 very hard to come by in this area. To have that kind of facility, be able to bring that revenue into the area, to the restaurants, to the hotels, to the bed and breakfast, all the different facilities around. It just adds value to the whole entire program. And again, I can't reiterate the goodness of the Strong's family. I can't imagine for one second their intentions would ever be to degradated Mattituck. There are many generations here. And I have nothing but good things to say about them. Thank you. SAL MESSINA: Good evening. My name is Sal Messina. Just real quick, for probably 25 to 30 years, I made a living working on the Sound. Basically with companies that supported many of you got people here for years. Northville Industries, Costco, Conoco Phillips. Now it's United terminals. Also as a liaison for the Coast Guard, with spills, with environmental incidences on both shores, Connecticut 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MAY 15, 2023 96 and Long Island. You know, the Sounds a rough place. It's tough out there. Most of us just always think of it as you know, that scenic sunset. But let me tell you, when you're working out there as even these guys know a fishman, it'll kick you. And Mattituck Inlet was always a place of restitute and solace to come in. As soon as you hit those that turn, it was always okay. We're here, we're home, we're here. Mattituck Marina was a great place to come with the boats. 20 years later, I was hired as a general manager when Strong's took over. There were people here sitting now that pretty much when that Marina needed to build buildings. They did. I dug up quite a few pictures in the archives in the basement and all and what it really consisted of the anchor in next door, the old mill. And then there was just one building, which was a (inaudible) but as the boats got bigger and as they needed to expand, Mattituck Marina did so. And I just think that in 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MAY 15, 2023 97 today's -- it's time the boats -- need to expand and to do things safe. Someone said before, to cradle those boats and just put them in a building is the right way to go. I know this environmental thing is big. You always hear it. Environmental, environmental, environmental. I understand that we have to be sensitive. In the five years that I was the GM there, the creek is unbelievable. I mean Cornell has a clam program that they said unheard of any place else. The actual oxygen and minerals and everything that flow through that, that current there is perfect for clams. We just finished a two year kelp program. The kelp is unbelievable. I couldn't, you know, this big, this thick. So I've seen more runoff on the east side in horrible storms. So I don't know -- I just wanted to let that out that as time goes on, there are different needs and there's solutions to everything. So I hope you guys will consider that. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MAY 15, 2023 98 STEVE MARESCT: Good evening. My name is Steve Maresct. I'm a boat owner. I keep my boat at the marina in there. I used to just -- use it for winter storage, get my boat on the south shore during the summer. I believe that this is an appropriate use in with the environment in nature. Marinas are disappearing on the east end, either through being sold to developers or just you being priced out. Middle class is being priced out and my particular marina was bought up by some rich person. It went up 220%. Now I'm keeping my boat at Strong's Marina for the Summer or well, I hope so. Hope that this marina is able to expand, able to maintain working people to maintain our boats. Thank you. STEVE BOSCOLA: Steven Boscola from Mattituck. If you zoom in on that picture right there, about 120 feet north of those buildings right there is our home encased in that, in the Strong's property, which was residential 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MAY 15, 2023 99 until somehow the zoning got changed. That the town can't seem to explain. However, our community is relying on the Planning Board and the Planning Department to take a careful look at what's being proposed here. This is a Town where we pass restrictions on the (inaudible) hours you can use your leaf blower because we value each other's space and quiet enjoyment of our homes. Yet this proposed project would upend our lives and our neighbors lives for 12 months or more all day, five days a week. And for what, who really benefits the 15 jobs that were down to 11, which are now 13? What if they're actually five? What if none? The DEIS doesn't explain when these people will be hired. Is it after the first building? The second building? What if no buildings get built and there are no jobs as people on the Board have asked during some of the work sessions? What will these people do all Summer long when these boats are gone? What are they 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MAY 15, 2023 100 gonna do? Do they get laid off? Do they go on Summer vacation? The DEIS does not explain what these jobs are actually gonna do, as you may recall. We're 120 feet from this project. Our initial concerns voiced to you in March of 2020 have only gotten worse despite Mr. Strong's best efforts to downplay this project or even go so far as to buy us out of our home. We've read the DEIS, sharpened our pencils and put substantive comments. The misstatements in this document. Some of the claims made by the developer are not only ludicrous, but they're also dangerous as they disregard the fact that we're in the middle of this project. Literally. You've heard tonight, people saying, oh, if the vibration gets out of control, we'll stop and reassess. What happens to the slope? There's no explanation. The DEIS of a -- as was supposed to be in the scope, prolonged delays in excavation. Who stabilizes the slope? Excess vibration will just stop work and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MAY 15, 2023 101 reassess. Well, how long will that take? The DEIS needs to disclose what that means for the slope stability that is 100 feet from our home and feet from other homes as well. Despite the developer telling us you shouldn't have built your house here. This has been our same family home since it was built over 52 years ago. Once again, before the inexplicably changed zoning. I think once you've read all the comment letters and heard all the testimonies, I think you'll see that this project merits rejection. Please keep in mind that the community is watching this project and there's extensive and substantive support for you to reject it. Thank you. JAMES KAMINSKY: My name is James Kaminsky. I'm a lifelong resident of Mattituck. I'm a marine contractor. I do marine electronics. I do work for Strong's as a contractor. I want to talk today about what these buildings will do for the Town. Southold Town 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MAY 15, 2023 102 historically has had a very seasonal economy. In the Summer, there's lots of work. Lots of jobs. In the Winter, those jobs dry up. People are scrounging to find work in the Winter. These buildings will do exactly the opposite. It will open up work for the Winter. All the employees of Strong's that they're going to hire, they will have jobs. Contractors like myself and others that come in and work there, will have jobs in the Winter. We can expand. We can hire more people. All right. No one's talking about these benefits, but they're important and they're real. And it's unfortunate that there'll be consequences. And things to the neighbors and such. But it's short term. These buildings will be there for decades. Giving jobs to the town for decades. That's it. BETH LEBOWITZ: Hello, Planning Board members. My name is Beth Lebowitz. I'm a resident in Mattituck. Right on the inlet and from the east 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MAY 15, 2023 103 side and looking across the way. My concerns regarding this development are many. Most important are environmental concerns shared by many neighbors. In the community over the impact of the demolition of woods and hillsides. The wood in the hillside is quite large. It's got 90 year old trees in it. It's not gonna be replaced by planting trees in Mattituck itself, or even the 60 trees that the project has offered to replant. We're talking about hundreds of trees. But the main issue here for tonight is that the -- significantly these impacts are not acknowledged in the DEIS. And I think that's very important since we are looking at the DEIS. The DEIS is also very inaccurate about the zoning, and does not clearly demonstrate that the project complies with the zoning. I should note, on this nerdy subject, that I was the Director of the Zoning Division at the New York City Department of City Planning before I retired in 2019. So I call myself a 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MAY 15, 2023 104 Zoning Nerd. I also worked in the Economic Development Division. Should you think that all of us who are concerned and opposed to this project are simply anti development? The DEIS is inconsistent in its description of the applicable zoning because there is no clarity on the size of the R-80 MII portions of the of the lot. The applicants bulk calculations are not accurate. A serious underlying problem is that the boundary between the MII and R80 portions is uncertain. The zoning maps accompanying the 1989 Southold Law, one, show the boundary between the maritime industrial and residential districts was moved several 100 feet to the west of the previous location away from the edge of the existing bluff. But there are no records of an official action authorizing this change. And the associated zoning map with metes and bounds was never submitted to the county. This issue needs to be addressed and resolved as part of the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MAY 15, 2023 105 environmental review of the project. Typically, applicants are required to include with their proposal, an application rectifying any zoning mistakes or missing parts. Before a SEQRA finding statement can be -- can be issued, MII district rules in Section 280-54 of the zoning code -- Sorry. State that the proposed development should have direct access to marine or tidal waterways. Given the site's elevation, it doesn't and it is therefore nonconforming with the intent of the MII zoning. Instead, the site will have to be intensively modified to make it suitable for the proposed use. Another issue there is lack of clarity as to ownership of parcel, which is part of the project parcel. This parcel is not listed on the Town of Southold's assessment role. The DEIS states that the building height of the two warehouses is 4588 inches measured from ridge height to adjacent grade. According to the zoning code, the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MAY 15, 2023 106 maximum building height in an MII district is 35 feet. Therefore, these buildings would be noncomplying with your zoning. JESSICA MICHAELIS: Thank you, Beth. Your time is up. BETH LEBOWITZ: Yeah, I will hand in some more comments of the nerdy sort. JESSICA MICHAELIS: Thank you. MEMBER JAMES H. RICH III: Sir? PAUL SILANSKY: Paul Silansky, Cutchogue. Five years ago, Strong's Marina had completed many small incremental cleanup improvements to their recently purchased yacht center marina. And were now ready to fully realize their vision to offer complete services, including expanded storage to satisfy their client demand. Five years ago, Applicant, Strong's Marine was but a building permit away from potentially realizing return on the risk they took. Investing in the purchase of expensive property going for Marine II uses. Five years later, they find themselves still 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MAY 15, 2023 107 embroiled in the court of public opinion concerning their exercise of private property use rights, which have been respected by most citizens since the time of George Washington, with the establishment of the patent office, making the property stake official. Some mistakenly believe that their property rights extend for as far as they can see or imagine. Indeed into all this private property, backyards and even how they use it. Please be reminded that private property owners have the rights to acquire property. Exclusively deploy it for any legitimate use and dispose of it as they see fit. Further, be reminded that owners enjoy the right and freedom to exercise their property rights without harassment through the 5th and 14th amendments to the constitution. Five years in counting to obtain a building permit is excessive bureaucratic and very costly. Just in the last two years, inflation has run wild. Driving up the cost of 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MAY 15, 2023 108 steel and other building and landscape materials. Inflating the cost of labor and services. And now the perverse inflation of the cost of credit through rising Fed rates makes it extremely burdensome to finance any project under Title Six DEC State Environmental Quality Review. General Rule 617.3, agencies must carry out the terms and requirements of this part with minimal procedural and administrative delay where feasible for combined and consolidated pre-proceedings and must expedite all SEQRA proceedings in the interest of a prompt review. Five years and turning into six and possibly seven cannot be construed as prompt. Five years later, it remains this property was approved for Marine II uses accepting the environmental impacts of that zoning class. Five years later, it remains the decision on a legitimate use of this property was made upon the approval of its Marine II zoning class. Five years later, it remains that this 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MAY 15, 2023 109 building application satisfies all the zoning guidelines. Five years later, it remains that this building permit request satisfies all Southold building permit requirements without the need for any variance request. Five years later, it remains this improvement plan. That's all existing Southold Town ordinance. In closing five years ago, Strong's Marine operations were evaluated in all aspects by marine industry experts achieving an industry wide coveted rating in the top 100 but of 3500. Marine is nationwide. Coming in at Number Five, within the top 100, they were recognized for their expertise gleaned over four generations. The Strong Family, respect for community, respect for the sensitive environment. They interact with on a day to day basis. Additionally, they engage in peer reviews on a regular basis. Inviting 20 other marina managers from around the country to their facilities and provide feedback as to best 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MAY 15, 2023 110 practices. Ron's marine team are among the best of the best and the most well suited to implementing this passive marine tool storage improvement plan. You can expect all valuable input obtained from communication with the community be leveraged and obtaining the best result possible. MEMBER JAMES H. RICH III: Excuse me, the initial plan was to take a five minute break period. But it seems like it's moving well. So we will continue here. Sir? JEFF PUNDYK: Thank you. My name is Jeff Pundyk and I live on West Mill Road, which is just down the road from the Strong's proposed yacht warehouse project. So that makes me an investor in this project. In fact, the entire North Fork is being asked to invest. We would be investing our quality of life, our public safety on local roads, our climate resilience, our property values and our future as this development threatens to tip our delicate ecological 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MAY 15, 2023 111 balance. Professionally, I'm a managing director at Deloitte, which is the world's largest accounting and professional services firm. And at Deloitte, we're trained to look at risk versus report the risk of this project are well documented. We hearing and the DEIS does little to mitigate them. In addition to the concerns about the environment, the impact on Mill Road preserve truck traffic during the construction period, Fire safety, the degradation of community character. I'd like to add a very real risk of starting this project and not finishing it. Given the threat of recession, rising interest rates, supply chain issues, instability of banks, volatility of demand for the service. There's the risk that the project starts, but never gets completed. Virtually all of our clients, the leading companies in the world are planning for these threats. There's no mention of any of this in the DEIS. In this scenario, we get all the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MAY 15, 2023 112 downsides of the project and none of the upsides. We're left with a hole in the ground. So let's look at the upsides as outlined in the DEIS. According to the DEIS, we can expect a few benefits. You've heard up to 11 jobs. But DEIS not specify the nature of these jobs. It's fair to assume that they are seasonal and primarily low wage. Nor does the DEIS guarantee that these jobs will go to North -- a property tax is one of the upsides of project. But the project would be eligible for the tax exempt tax exemption for 10 years. As a result, the estimated increase in property taxes for the first three years would be about $32,000, and year four would be about $37,000. These numbers are roughly for three homeowners paying tax. Just putting on my Deloitte hat, balance sheet for this project is really clear. The risks are outweighed. Thank you. MARK HAUBNER: Hi, Mark Haubner, From the North Fork Environmental 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MAY 15, 2023 113 Council. I thought it was gonna be last and could talk till 9:30. Maybe not. Like there's only two points left that I had on my list. So I'll not belabor the other ones. There's no benefit to the Town and its residence in destroying a 50 foot bluff in a flood hazard area. Destroying 650 trees at a time in which clean air is becoming a luxury. Suffolk County is a non-attainment district for the DEC for clean air. We never see clean air in Suffolk County anymore. So I'm kind of concerned at the services that the trees provide in filtering pollution, as well as, providing oxygen, as well as, the trucks and all the vehicle traffic that we've talked about. The loss of contiguous habitat is much more negative. Has much more negative impact than anyone realizes. And I hope that's part of the discussion within the DEIS, among you as well. And the footprint of the huge storage buildings, which are almost the size of Costco in Riverhead. Adding impervious surfaces 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MAY 15, 2023 114 and parking areas are gonna double -- more than double the footprint of this. This project to over eight acres. More than a quarter of the site and it's going to increase stormwater runoff. I know they've got a stormwater management system proposed to handle a two inch rain event. (Inaudible) that we're never going to see more than two inches of rain. Climate change demands more stringent stormwater controls, especially in light of the Florida's recent 30-inch rain event in 24 hours. We haven't seen a Category Three storm in a lot of years. I would question that. The calculations have been already done for the runoff of that hillside, pre-excavation and that the Barren Hill is gonna provide a different number than that. And I hope you're accounting for those as well. Thank you. MEMBER JAMES H. RICH III: Yes, sir? Good evening. JOHN MCAULIFF: I'm John McAuliff. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MAY 15, 2023 115 I live in Riverhead. I work with a group called (inaudible) Watch, which is trying to save the (inaudible). We have had a home in Riverhead for 30 years, but have many times come to the Southold, to concerts and the vineyards. And I was very glad to hear the old Mill Inn as being resuscitated because it was a favorite place as our sons were growing up. I've spoken before the Planning Board, your counterparts in Riverhead, and I see planning boards as playing an absolutely essential role in preserving the character of the East End. All you have to do is look west of Riverhead and some parts of Riverhead even, but at least look west of Riverhead and you can see a lot of development that was all done for good reasons. It was done because of the jobs it was done with promises about considering the environment. It was always done because it was a step that was considered forward. I think that it's -- it's very important in this 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MAY 15, 2023 116 project to consider not just the in special interests of the owner of the people that will have jobs there, but of the larger community interest. And that you see yourselves as playing a role of the defenders, the protectors of the East End. I have a deal for you. We'll try and keep the jet cargo planes from coming over your head. If you try and keep the trucks from coming down our roads and our traffic circles. Thank you. MARGE MCDONNELL: Good evening. My name is Marge McDonnell. I live in Mattituck. I live about a quarter mile from the Mill Road Preserve. I walk by near, in or around the preserve on almost a daily basis year round. I know the area very well. It's hard to exaggerate the special and unspoiled nature of this part of Southold. Right on the Mattituck Inlet and covered in forest. There is an astonishing variety and abundance of wildlife in this area. Every single day, I see it. Turtles, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MAY 15, 2023 117 snakes, turkeys, raccoons, rabbits, deer, possum, hedgehogs. All make this area their home. And the bird life is staggering. To listen to the bird song on a Spring morning is to be in awe. It is a gift. That unspoiled natural environment is why the Town in 2002, saw fit to spend roughly $900,000 in today's money, to establish the Mill Road Preserve. At the time, the Town Board said "the purchase will serve to continue the sense of openness, special to this area of the Hamlet of Mattituck specifically and the Town of Southold in general." Clearly, the Town was making this entire area a priority for protection for the enjoyment of the whole town. The Strong's property is directly adjacent to and contiguous with the preserve. It is in fact one ecosystem. There is no reasonable expectation that the boat storage project will not significantly negatively impact the preserve. Contrary to what they say in the DEIS. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MAY 15, 2023 118 Changes to the forest, the microclimate, arrival of invasive plants, the negative impact of light penetration, as a result of the removal of the forest. Disruption to the habitats, nesting areas and environments of all these creatures. Not to mention, the sheer chaos and destruction of a massive construction project is utterly inconsistent with the stated intent of the Town regarding preservation of this area. In closing, I have a request of the members of the Planning Board. Please, before you make any decision about this project, if you have not already done so, walk the Mill Road Preserve. Park at the trail head and walk in. See it. Listen to it, experience it for yourselves. I believe that will help inform your decision. I know it has informed mine. Thank you. MEMBER JAMES H. RICH III: Thank you. Yes? RICK GAINOU: Hello. My name is Rick Gainou. I live Mattituck. I don't 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MAY 15, 2023 119 know if anybody remembers, we've talked about the commercial fishing and pleasure boats of Mattituck Inlet, but it was an industrial section at the north end of the inlet years ago. As full storage tanks and a stone yard next to it. So for years and years and years that stone had to come in and it had to go out. Somehow it went out in trucks, semi trucks. Straight dump trucks, anchor, trailers for the oil. Distributed trucks for the road, oil and lo and behold, the roads are still there. And I don't know of any houses that fell down. So trucking went on there for years and years and years. Nobody probably remembers it. And six months of trucking is not gonna destroy the roads. I was in the road paving business for 40 years. Anything that the trucks do to the roads can be fixed. The trucking route -- I don't know if it's been finalized, but you have empty trucks go one way, full trucks go another way. So they're not passing one 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MAY 15, 2023 120 another on the two lane roads. And the speed limits would have to be enforced. Truck drivers are professional truck drivers. I'm a Class a license holder myself. When we stop for school buses, we pay attention to what we're doing. And this whole project can be done without any deaths or destruction to anyone, as far as I can tell. I was also like to talk about economics. That's not part of the deal. United States economy is built on capitalism, free enterprise. I'd like to talk about free enterprise for a minute if I could. There are five principles to free enterprise. One is free to choose your business. The Strong's bought the Mattituck Marina and Shipyard that was once a thriving dealership for yachts and service yard. And sort of went into decline from previous owner. The Strong's have refurbished the marina. Their sheds are full. They would like to build more sheds so they can store more boats there. Mattituck Inlet is 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MAY 15, 2023 121 the only service yard. The next one closest is Glen Cove Brewery Yard in Glen Cove. So in between Northport, there are no real service yards, just boats. So that certainly feels a need for the boating community of which I am a member and a licensed captain in the last 10 years. The second pillar of free enterprise is the right to private property. This (inaudible) in question is zoned for what the Strong's would like to do. That's another reason that they should be allowed to do what they'd like to do. Third, principle of free enterprise is profit motive. The Strong's have a profit motive. It's a business. Anybody who's had a business, they try to maximize their profit. These buildings will help them store more boats, which will help them maximize their profit. Fourth pillar is competition. Other marina store boats not real close to us. That's why this is a needed project and it's just to keep their marina competitive with 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MAY 15, 2023 122 others in the Long Island Sound, New England area. And the final pillar of -- Am I done? How many beats? How many beats is that speeding? I'm fine. Thank you very much. MEMBER JAMES H. RICH III: Thank you. BOB VANBOURORDE: Good evening, Jim. I'll adhere to your original comments about the Strong Family. 50 years ago, this month was when we moved out here. So I call myself a transplant, not a native. We bought the farm between Chikan (phonetic) and John Bauer. (Inaudible) have a greenhouse operation. I'm a big believer in property rights. I know that this project would be First Class. I feel that it will be an asset to Southold Town and the impact. I think will be a lot less than most people fear. People have an aversion to change. Nobody ever wants change. 50 years ago, life was a lot simpler. I could have put up the gate 50 years ago. We wouldn't have the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MAY 15, 2023 123 problems that you guys got headaches for I'm sure tonight. So, anyway, I'd just like to say that there'll be a lot of trucks going up and down the roads. But in a short period of time, it will be a memory and it will be history. MEMBER JAMES H. RICH III: Thank you. ERIC MCCLURE: So, good evening. My name is Eric McClure. I'm a resident of Mattituck. In 2003, my wife and I purchased a home in Mattituck. And in the Spring of 2004, I purchased a boat from Strong's Marine, which I had winterized and serviced, stored at Strong's every Winter. But then in November of 2014, I sent an e-mail to my service manager at the end of the season to inform him that I would not any longer be storing my boat and having it winterized at Strong's, because of the enormous impact that Strong's Water Club from which I lived directly across Long Creek, was imposing on our neighborhood. Specifically, our residence and my 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MAY 15, 2023 124 neighbor's residences with excessive music and excessive -- an excessive number of events. And Mr. Strong e-mailed me after I had e-mailed my service manager to say that he was sorry that I would not be using their services anymore. He explained that they had taken steps to try to mitigate the noise by aiming the speakers back toward their property. I think that lasted for about two weeks. If you go over there now, you'll find the speakers aimed directly across the water at me and my neighbors. He said they took decibel readings to see to make sure that they were not exceeding the noise levels. And I have probably 300 recordings with a decibel meter and an iPhone of the excessive noise. Well above the noise ordinance in the Town of Southold being generated from their property from which they held about 90 live music events last year. So if that is Strong -- MEMBER JAMES H. RICH III: Sir, excuse me. This is a DEIS review -- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MAY 15, 2023 125 ERIC MCCLURE: With all due respect, sir, I'm getting to that. So if that is an indication of the mitigations that you can expect at Strong's Yacht Center to the concerns raised in DEIS, I think we are all in for some great disappointment. The project is going to remove six acres of old mature hardwood forest. More than 630 trees, which cannot be replaced. They won't be replaced. This town has dedicated itself to really preserving its environment and buying back development rights, trying to preserve the environment in this town, and has done an admirable job of that. This project would run directly counter to that type of thinking in this town. And would destroy habitat needlessly for the comfort of climate controlled yacht storage. So given my unique relationship to Strong's operation, having lived across the water from it for the last 10 years with after they acquired it, I am deeply, deeply 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MAY 15, 2023 126 concerned about the impacts of this project. And absolutely convinced that the mitigations will not be adequate to address the issues raised. Thank you. MEMBER JAMES H. RICH III: Thank you. Cooper? DOUG COOPER: Good evening, ladies and gentlemen, Doug Cooper, Mattituck. Many of my comments have been already spoken. The gentleman just shortly before who spoke of the oil terminal and down on Neagle Drive around the corner from Strong's. I remember that when it was in operation and there was often trucks, many trucks carrying fuel oil out. It would come in by and be trucked out with no detriment to the roads. To speak of occasional maintenance. And sand and gravel had a yard there. Again, they would come in by ship and go out by trucks and the traffic has been going on for many years. And even today, everybody who gets fuel oil delivered to their homes. Every trucks -- again that went on the roads. It 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MAY 15, 2023 127 wasn't that many years ago either. Had to be 60 years ago. I can barely remember it that much of that land up there was farmed and where the preserve is, that was all farmland, much of it. Things change and that's all that is happening. Now, I am a strong believer in property rights and if the property is zoned for this, it should be allowed. Yes, there's gonna be some mitigation and controls on it. That's understandable. But it should be allowed to continue. The Harbor is the only safe harbor from Port Jeff or further east or further west around to Greenport on Long Island. It's a working harbor. It's important for the fishermen. Important for the community. I strongly urge this project. Thank you. MEMBER JAMES H. RICH III: Thank you. Sir? FRANK UTAH: My name is Frank Utah. I'm a full-time resident and business owner in Mattituck. I'll go back to 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MAY 15, 2023 128 what my thoughts were. Very sad to hear that the Planning Board doesn't want to hear comments from public about the veracity of the applicants and the contractors and developers because I think that should weigh a lot. But we'll put that aside and go to the facts of the project. We're just not looking to make this into a personality thing have -- something that's legitimate. But we're not -- we're trying not to make this into a personality attack. Okay. MEMBER JAMES H. RICH III: Well, let's get to the facts because other people would like to speak. FRANK UTAH: So according to a few conversations that I've had with several people in Mattituck that I've known for many, many years. My family's been here probably since the early fifties. We owned several homes throughout Southold. And I've learned that the original owners of this property have filed and were approved for similar storage 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MAY 15, 2023 129 buildings in the past. The buildings in questions are landward, which is not said in social media or papers. They're not what the water edge. The sand that is to be removed by these dump trucks from what I understand -- (inaudible) I see shaking heads. If that's not true, I'd love to have a conversation with you about that the trucks needed to remove the sand will be one time as opposed to several of the projects in Southold would have been or will be approved. Creating constant traffic and noise. The Strong Family for the past 65 years has been stewards of the marine community and surrounding waterways causing no negative impact to our environment to date that I'm aware of. Of any of the elders that I've spoken to, this is true. Also for several of the communities in which the Strong's own marines. Although Mill Road is long overdue and I know that this has already been said, overdue for repairs. The Strong's have agreed to partner with 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MAY 15, 2023 130 Southold Highway Department and repair of Mill Road. Any damage that can be occurred. This project is within the zoning. I know this has been repeated zoning guidelines and requires no land use changes and has received a non-jurisdictional letter from the DEC. So if this project is to be denied, so should so many others that will require land use chains, such as several hotels, battery storage facilities and many other proposed buildings in our community. Especially those on Oregon Road, which was deemed a Greenway years ago to preserve the natural landscape and serenity of our farmland. Like to remind everybody, COVID has changed many things and many aspects of all our daily lives. Especially due to the influx of many outsiders who have fled congested areas for more serene way of life. At what expense. And the most unfortunate change COVID has brought in the absence is the absence of common sense, as this project compared to the other buildings, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MAY 15, 2023 131 land use changes and constant traffic, is by far, comparison to detriment to quality of life. Thank you. MEMBER JAMES H. RICH III: Thank you. BETH DUMBLIS: Hi. My name is Beth Dumblis. I live on the west side of the inlet on point. I look at this project very differently. I've raised the next generation of boaters. We use the yacht center, but I do not have a yacht. I have a 21 foot Ranger Tug that my children and numerous children. They're all in their twenties, all middle class family kids that grew up in Southold and Mattituck, use that boat every Summer. The Strong's this year got it out early for me. For one reason. My son is going away for the entire Summer and I said, please get that boat out early. I know it's not a yacht. They did that. All of these children have seen how well Strong's has treated my children. That is private property. No, I don't live across from that, but I believe as a 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MAY 15, 2023 132 private property owner, they have a right do what they wanna do with their land. I know if I want to build something more in my property, it has to conform to the Town's Code. I think they are a good steward of their property. And despite the fact that I will never ever own a 70 foot yacht or bigger, I feel that my family and all of these 20 something kids all been treated with respect by the Strong's. And I'd like this community to also treat them with dignity and respect. Thank you. MEMBER JAMES H. RICH III: Thank you. ANNE MURRAY: My name is Anne Murray. I'm a resident of East Marion and I'm also the Land Use Coordinator in Southold for the North Fork Environmental Council. I'll be very brief. In the Draft Environmental Impact Statement, the applicant stated that he's responding to market demand and the proposed project is designed to attract large yachts. According to the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MAY 15, 2023 133 DEIS, it appears that in order to accommodate boats of billionaires, the residents of Southold must accept the loss of a coastal bluff, the loss of a forest of over 600 mature trees in the 5.5 acre area, and the destruction of a wildlife habitat for birds, box turtles and the endangered northern long eared bat. We must endure months of heavy traffic with trucks making over 9,000 trips, hauling sand and debris from the site, over our already crowded roadways, which are sure to damage the roads and pollute our air. According to a survey recently conducted by the North Fork Civics of Southold, residents value the preservation of natural habitats, rural character, farms and open space in Southold. Their two big biggest concerns right now are the cleanliness of the bays and the sound and overdevelopment. This project goes against everything Southold residents said they want. Thank you. NICHOLAS DEEGAN: Yeah. Hi, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MAY 15, 2023 134 Nicholas Deegan, a deputy chair of the Mattituck Park Commission. And while we had this on the agenda a few weeks ago -- two months ago, and my colleagues on the Board decided this wasn't a position that they Park Commission wouldn't get involved in. Take a position. But this is personal for me is that I prefer the habitat for the -- and the trees through the, you know, of the cliff side. And I will echo at McDonnell's that it is a special place up there with the middle road there, preserve. And it's the best kept secret, I think inside the old town. So I would urge the Board to look carefully at this and say, you know, preserve the habitat that we have because I think that's far more important down the years. People coming to visit. And this is why they come out here or this is like that, that you have there. And then, you know, I think that be -- and I have great respect for the Strong Family. But I think their legacy would 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MAY 15, 2023 135 be enhanced if they say the hillside there, and found some other way to do the project without it -- ruining the hillside of all that oak trees. So that's -- you know, I just hope you take a careful look at the habitat, the aspects of that that would be lost forever. Thank you. MEMBER JAMES H. RICH III: Thank you. Yes, ma'am. TOGUI TERCHIN: Good evening. My name is Togui Terchin, and I greet you this evening from the Greater Calverton Civic Association, as their president. I'm also the Land Use Coordinator for Riverhead with the North Park Environmental Council. So traveling the 20 miles or so from my place, I kept my eye out to notice the size, the condition and the shape of our roads. Mindful of the natural beauty with maintaining form -- focus on my duty to navigate. I noticed several troubling spots in the proposed tractor trailer pathway, which have already been brought 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MAY 15, 2023 136 forward by a few folks at the microphone. I just want to draw your attention to Route 58, which is the -- a retail corridor, and the very popular one for folks on our entire North fork, as well as, our South Fork, is the intended pathway for these tractor trailer trucks. They would have to go around the rotary at the Peconic Bay Medical Center. I know that was already mentioned as well. But please do keep that in your minds as you look at the impacts of this EIS. And the other troubling spot was the turn on Northville Turnpike onto Sound Avenue and the reverse. It's a very difficult spot. I know that you're focusing on your local roads here in Southold and rightly so. Please do think about your neighbors in and around Riverhead. As the Planning Board, your task is risk management and has already been, as has already been mentioned, the intensity of the tractor trailer trucks are not only here but they're also with your 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MAY 15, 2023 137 neighbors in Riverhead. And with the flaws that have been revealed tonight in the DEIS, I would ask that they, you know, not be cured, but looked at and scrutinized more deeply. And I finish with a question, which is, is there a way to support Strong's Marina with alternatives to this currently very controversial project? And I appreciate your time. Thank you. DENISE GOEHRINGER: How you doing? My name is Denise Goehringer. I live in Mattituck. I grew up on Bayview Avenue, which backs up to this. Spent many, many hours in this amazing woods that we're considering destroying., I think everybody said a lot what I was gonna say, but what I don't think we've said is, once this project starts, it can never be reversed. Never. Once that sand comes out, and those trees come down, we're destroying something that can never, never be fixed. And I just hope that that is taken into consideration, and I understand that he 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MAY 15, 2023 138 has property rights. And I think that's wonderful. But trees are something that we need -- everybody needs for oxygen, which I think has been said, but it's just concerns me. That once this property -- if this was started, it could never be reversed. I just think that's something that really needs to be taken into consideration. Thank you. MEMBER JAMES H. RICH III: Anybody else wish to address the Planning Board? Steve? JESSICA MICHAELIS: If anyone on Zoom would like to address the Planning Board, you can raise your hand now. STEVE MUDD: Good evening, Chairman and the rest of the Board. My name is Steve Mudd. I'm with Mudd Vineyards here in Southold. Listening to all the concerns -- justified concerns tonight on both sides of the aisle, I would strongly recommend for everybody to reconsider consideration. It's been mentioned numerous times and tonight this property is an accepted use. It's 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MAY 15, 2023 139 owned for. I know we got -- everybody's got a ways to go. I'm here to support this project. And all I'm asking everybody consider being more considerate and see if we can get this project completed. Thank you. Thanks, Steve. RANDY WADE: Hi. My name is Randy Wade. I'm from Greenport and the wonderful community that has looked into this, and put out materials and has convinced all of us on the North Fork that this is exactly the opposite kind of development we want. Just today I saw in the paper that Suffolk County has a new bike trails. It's like bike and hike maps for different towns. And people have talked about how very nice Mr. Strong is, and how wonderful it is that he's creating jobs, but we don't have the housing for more jobs. But what we do want to have is tourism. That is not dependent on motor vehicles and driving to your boat and driving anywhere. And so this kind of looking 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MAY 15, 2023 140 for places to hike and get there from the train that could be the future of tourism. And it'll help the downtown -- you know, economy of the businesses in downtown. So I hope you reject this. MEMBER JAMES H. RICH III: Thank you. Have anybody else? Anybody on Zoom, Jess? JESSICA MICHAELIS: There was someone. Go ahead, Steve Gessler. State your name? STEVE GESSLER: Yes. Steve Gessler from Calverton. How are you? My concern is, I would say all my concerns have been raised by previous speakers about this project. And I'll focus on the roads and conditions of roads. Are you going to partner with the Town of Riverhead to repair the damage done to the roads as these giant 22 wheel vehicles are heading through Route 58, around the traffic circle, by the hospital? As others have mentioned. And I should add, I'm disturbed by the idea that this nature preserve could be 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MAY 15, 2023 141 damaged. I spent a lot of time there over the past few years. It's pretty unique to the North Fork and quite unique to the State of New York, and of that of the East Coast. I don't think it's worth the damage to destroy this place. And the idea that people think or suggest that animals are simply gonna go someplace else or birds are gonna go to trees that are planted someplace else, that's not based on science. That's completely false. But I'll close with, I hope this project doesn't go forward. And I hope that you really consider the implications on the Town surrounding. It's not just an issue you hear for your Town. You have to consider your neighbors. Thank you for allowing me to speak tonight. MEMBER JAMES H. RICH III: Thank you. Do you have anyone else, Jess? JESSICA MICHAELIS: Diana Padilla? DIANA PADILLA: Hi. My name is Dr. Diana Padilla, and I'm a professor at Stony Brook University in the Department 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MAY 15, 2023 142 of Ecology and Evolution. And I'm an professional Ecologist and have worked in this field for over 30 years. And I had opportunity to look at the forest nearby the shoreline nearby and observe the property from across the creek, and looking at other people. And then I've I spent a lot of time reading the Draft Environmental Impact Statement. And I can't say that there's a great deal in that Draft Environmental Impact Statement that has me extremely concerned. There's lots of things that it just does not address that should be addressed. It does not addressed sea level rise. It does not address the increasing amount of storm surge and the increased amount of rainfall that we're expected to see with ongoing climate change. All of those things will impact the models that they have for hydrology and runoff and what's likely to happen. Once that hillside is excavated and once all those trees are removed, that site will see increased flooding on a regular 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MAY 15, 2023 143 basis. And these things are not addressed. Other things that are not adequately addressed, is that in many cases, statements about mitigation, in terms of planting trees or growing plants are overstated at best. And in other cases, just completely inadequate for the kinds of things that this in this project will do. And I strongly urge the Planning Board to look carefully at the Draft Environmental Impact Statement. Look at the evaluations that have been placed in terms of its impact on the forest, on organisms, on the shore and other things. And take that into account because natural resources belong to all of us. They are a shared resource and all of this will impact the quality of the water in the creek. It will impact the organisms that live there and impact all of us in real ways. Thank you. MEMBER JAMES H. RICH III: Anyone else in the audience wish to speak? Do you have anybody else? Anyone else on 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MAY 15, 2023 144 zoom? In the audience wish to address this? (No Response). MEMBER JAMES H. RICH III: If not, I'm gonna ask for an adjournment until June 5th, to discuss water, groundwater modeling, ecological resources, air quality and project alternatives and also the unavoidable impacts, which we had postponed from tonight. Can we get a motion for adjournment. MEMBER MARTIN SIDOR: Motion to adjourn. MEMBER JAMES H. RICH III: Thank you very much for everybody's input, and we appreciate you coming here. We appreciate your patience. Have a nice evening. (Whereupon, the meeting concluded.) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MAY 15, 2023 145 C E R T I F I C A T I O N I, Jessica DiLallo, a Notary Public for and within the State of New York, do hereby certify: THAT, the within transcript is a true record of said Board Meeting. I further certify that I am not related either by blood or marriage to any of the parties to this action; and that I am in no way interested in the outcome of this matter. IN WITNESS WHEREOF, I have hereunto set my hand this day, June 20, 2023. _________________ (Jessica DiLallo) * * * *