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BICYCLE AND PEDESTRIAN IMPACTS
The revised DEIS fails to adequately consider or evaluate the extent to which pedestrians and bicyclists
will be impacted, especially in regards to their safety. It has also failed to adequately address the
inadequacies identified by the Southold Planning Board in the original December 2021 DEIS.
A major problem with both the DEIS and the Traffic Impact Study (TIS) (DEIS Appendix O) is that they
consistently conflate, and fail to differentiate between, impacts associated with the extended
construction period, and impacts associated with Project operation after the completion of
construction. This is apparent throughout the discussion of impacts to bicyclists and pedestrians.
Bicycle and Pedestrian Counts
The DEIS scope calls for the DEIS to include a “Pedestrian and Cyclist Safety Evaluation”, including “a
roadway user group safety study and analysis in the DEIS during all four seasons on the use of the
roadways (route) by user groups, including potential adverse impacts on pedestrians walking (with
strollers), jogging, biking and children waiting for the school bus that will could be adversely impacted by
vehicles including loaded trucks” (p.13).
The Planning Board’s May 9, 2022 memo summarizing DEIS inadequacies, states that the Board’s staff is
“of the opinion that sampling methodologies were not representative of timeframes when user groups
were expected to use the roadway (morning and evening hours). The sampling methodology was too
narrow in scope and does not provide a comprehensive assessment of user groups along the entire
route.” In addition, the Planning Board’s outside consultant (NPV) noted in their May 6, 2022 memo
that the “pedestrian analysis must provide additional analysis to fully evaluate the potential for impacts
to pedestrians along the entire construction route, including: a. A pedestrian and bicycle count along Cox
Neck Road/W Mill Road between 6 am and 6 pm to quantify the number of pedestrians and bicyclists on
this roadway segment during the period of the day when construction trucks are arriving and departing
the site. . .” (emphasis added).
The revised DEIS’ response to the Planning Board’s concerns, based upon the revised traffic study
including data presented in the Supplemental Data Appendix, is reported as follows:
“Pedestrian and bicycle counts were taken from 6:00 AM to 6:00 PM during a weekday
on Cox Neck Road at Westphalia Road, West Mill Road at Bayview Drive/Selah Lane, Cox
Neck Road/West Mill Road at Breakwater Road, and Bergen Avenue at Cooper’s Road”
(p. xvii), and
“Pedestrian and bicycle counts were taken from 6:00 AM to 6:00 PM during a weekday
on Cox Neck Road at Westphalia Road, West Mill Road at Bayview Drive/Selah Lane, Cox
Neck Road/West Mill Road at Breakwater Road, and Bergen Avenue at Cooper’s Road”
(p. 194), and
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“. . . pedestrian and bicycle counts were taken in August of 2022 along Cox Neck Road
and West Mill Road. The counts were taken between 6:00 AM and 6:00 PM on a
weekday. The counts were done on Cox Neck Road at Westphalia Road, at Cox Neck
Road/West Mill Road near Breakwater Road, and West Mill Road at Bayview
Avenue/Selah Lane” (p.201).
Although the Planning Board called for the revised DEIS to “fully evaluate the potential for impacts to
pedestrians along the entire construction route” (emphasis added), the revised DEIS and TIS do not
discuss, and contain no data relevant to, potential impacts to bicyclists and pedestrians along the
portions of the Project Truck Route in the Town of Riverhead.
The revised DEIS still fails to adequately address the original DEIS scope. It also fails to adequately
address the specific inadequacies identified by the Planning Board in the original DEIS. The DEIS scope
calls for “study and analysis in the DEIS during all four seasons on the use of the roadways (route) by
user groups, including potential adverse impacts on pedestrians walking (with strollers), jogging, biking
and children waiting for the school bus” (emphasis added).
The revised November 2022 DEIS still fails to adequately address this requirement:
1. In the original December 2021 DEIS, bicycle and pedestrian counts were made only in
association with intersection turning movements. This means that pedestrian counts were
limited to intersections/crosswalks, and do not accurately represent the number of pedestrians
walking along the Project truck route. In addition, both bicycle and pedestrian counts were
limited to the 7:00 to 9:00 AM and 4:00 to 6:00 PM periods on three weekdays in 2021 (June 16,
August 5, and November 4), and the 11:00 AM to 2:00 PM period on three Saturdays in 2021
(June 19, August 7 and November 6).
The Saturday data is useless in evaluating impacts during the 5 ½ to 7 month-long excavation
phase of the Project because haul trucks, which will constitute the vast majority of construction
traffic, will only be used on weekdays. The three days of weekday data has very limited value as
haul trucks will operate continuously from 7 AM until 5 PM. As no data was collected between
8:45 AM and 4:00 PM on weekdays, no data was collected for the hours during which most
bicycle and pedestrian use would be expected.
No data was collected during winter months although the DEIS scope calls for four seasons of
data. This inadequacy has not been corrected in the revised DEIS.
2. The Planning Board’s consultant’s May 6, 2022 memo notes that the “timeframes for the various
phases of construction described . . . in the DEIS are not consistent with the time frames
evaluated in the Traffic Study. This should be corrected.” The revised DEIS has not addressed
this issue. None of the pedestrian/bicycle counts in the original DEIS were made in the mid-
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December thru May time frame which constitutes the Project excavation phase when Project
traffic volumes will be at their highest. The revised DEIS discusses and provides additional data
collected over only two days--Tuesday August 9 and Saturday August 13, 2022--not for four
seasons as called for. As with the data in the original DEIS, August is outside the period of the
Project construction phase when potential impacts will be at their greatest.
The DEIS refers readers to “Table 9 (Summary of Pedestrian and Bicycle Count Data, August 2022) in
the TIS which presents a daily summary of the pedestrians and bicycles counted at three locations along
Cox Neck Road/West Mill Road. As indicated in Table 9, the number of bicycles and pedestrians is very low
during the weekday” (DEIS p.220). What the DEIS does not say is that the data in Table 9 consists of only a
single weekday during a time of year when no Project construction is proposed.
3. Even if collected during the appropriate period, the amount of data collected would be
inadequate to assess impacts to bicyclists. The Transportation Research Board’s National
Cooperative Highway Research Program Report 797: Guidebook on Pedestrian and Bicycle
Volume Data Collection found that “the error in estimating average annual bicycle traffic from
two-hour, 12-hour, or even one-week counts can be up to 40%” (TRB, 2015:7).
4. The DEIS also failed to take into account weather conditions. According the Transportation
Research Board’s Methods and Technologies for Pedestrian and Bicycle Volume Data Collection,
“Weather – Seasonality and conditions affect traffic. Weather conditions should always be
recorded (i.e., precipitation, temperature)” (2014:22). The TRB report also notes that other
studies have concluded that “there can be considerable differences in bicycle volumes from one
week to the next, both due to weather effects and the fact that bicycle volumes are often
relatively small. As a result, longer count durations are required to get good results, compared
to motorized vehicle counting. Short-term bicycle counts are not advised” (2014:24).
On the one weekday, August 9, 2022, for which supplemental pedestrian/bicycle count data is
provided in the revised DEIS, temperatures reached highs in the low-to-mid 90-degree range—
approximately 10 degrees above normal. One study cited in the TRB report (Phung and Rose,
2007) found that winds in excess of 40 kph “had a statistically significant effect on Volumes.”
The historical weather data for August 9, 2022 indicate that wind speeds and gusts approached
or exceeded this speed during portions of the day. The temperature and wind conditions on
August 9, 2022 suggest that bicycle/pedestrian counts on that day would be atypically low.
5. The revised DEIS includes no additional data specifically addressing potential traffic impacts to
“children waiting for the school bus.” Language is unchanged from that in the original DEIS:
“There are between 50 to 60 homes that front on Cox Neck Road/West Mill
Road between Sound Avenue and the site. Some of these homes may generate
school age children that will be bused to school each weekday during the school
year from early September through June. These children will be picked up by
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school buses in the morning and dropped off in the evening. Due to the longer
workdays of site construction, the drop-off will occur prior to construction
workers leaving the site. The drop-offs may encounter a truck removing or bring
material to the site. In the morning the pickup of students will likely encounter
both construction workers headed to the site and occasional trucks also headed
to the site. The NYS Vehicle and Traffic Law requires all traffic to stop for school
buses with flashing red lights either dropping off or picking up school children.
The professional drivers operating trucks engaged in the construction of the
project will adhere to the law and the pick-up and drop-off of students is
expected to be safe. Students waiting to be picked up in the morning are
expected to wait off the road, usually in the driveways to their homes. This is
also a safe practice not expected to be degraded by the passage of an occasional
site bound truck or worker headed to the site. It should be remembered that
similar activities take place every day within the Town on far busier roadways,
such as along Route 25” (DEIS p.220-221; Rev Appendix O p.81).
This entire paragraph is misleading and contains false statements. It reflects not only an attempt
to downplay the danger associated with increased truck traffic, but a failure to even attempt to
obtain relevant data upon which to base an analysis:
a. no attempt appears to have been made to discuss this issue with the transportation
department of the Mattituck-Cutchogue Union Free School District. The District
could have provided information on the actual number of children and residences
served along the truck route in Southold, and the location of designated stops along
the school bus route. Instead, the DEIS only notes that “some of the homes may
generate school-age children” (emphasis added);
b. although the DEIS scope calls for a consideration of impacts along the entire Project
truck route, it contains no discussion of possible safety issues Project construction
traffic may pose to children being picked up or dropped-off in the Town of
Riverhead. The Riverhead Central School District operates school buses along Sound
Ave beginning at Herricks Lane, and along Northville Turnpike. The District was not
contacted during DEIS preparation;
c. the statement that “Due to the longer workdays of site construction, the drop-off
will occur prior to construction workers leaving the site” completely ignores the fact
that the primary traffic danger is not from end-of-day worker traffic, but is from
construction phase trucks (especially haul trucks during the Excavation phases)
which will be operating during drop-off periods;
d. the statement that “drop-offs may [emphasis added] encounter a truck removing or
bring material to the site” implies that such encounters are unlikely. Given the
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frequency of haul trucks (described inaccurately in the DEIS as “up to 4 trucks per
hour” (DEIS p. 221)1, (but actually more than twice that), students being dropped off
will almost certainly encounter these vehicles;
e. the DEIS states that the “professional drivers operating trucks engaged in the
construction of the Project will adhere to the law and the pick-up and drop-off of
students is expected to be safe” (emphasis added). Although the DEIS scope calls
for evaluation of “[S]ight distances at intersections and around curves in the
roadways,” with a single exception (the location where the proposed haul road will
intersect West Mill Road), this has not been done. No analysis has been made of the
effects of limited sight-lines along portions of the truck route which correspond to
school bus routes; or how this relates to stopping distances of the Project’s empty
and loaded haul trucks; or to what effect the requirement for haul trucks to stop
frequently when travelling behind school buses will have on the number of haul
trucks which may be backed-up as a result; or the possibility that haul truck drivers
may attempt to pass moving school buses. Although not taken for the purpose of
evaluating sight-line distances, Photographs 3 and 6-10, included in the Traffic
Study’s Supplemental Data Appendix, illustrate some locations where the curvature
of the road limits sight-lines;
f. the DEIS states that “Students waiting to be picked up in the morning are expected
to wait off the road, usually in the driveways to their homes.”2 In fact, not all
students waiting to be picked up along Cox Neck Road, West Mill Road, and Sound
Avenue, can be “expected” to wait in the driveways of their homes. Several
communal school bus pick-up locations exist along the haul truck route, which
means students will be walking from their homes to the pick-up location along the
truck routes. This may be even more likely to occur during inclement weather.3
Detailed information on where these pick-up locations are could have been
obtained from the school districts;
g. describing the haul truck traffic headed towards the site as “occasional” is a clear
attempt to downplay the extent of potential impacts; and
h. the statement “that similar activities take place every day within the Town on far busier
roadways, such as along Route 25” is not relevant to situation along Cox Neck Road/West
1 The DEIS text says “up to 4 trucks per hour would travel both north bound and south bound to the site.” This language is
clearly ambiguous and subject to misinterpretation. It is yet another example of the DEIS using language that deliberately
underestimates the volume of Project-generated haul truck traffic.
2 This was obviously written by someone with no school-age children.
3 The Mattituck-Cutchogue School District’s website describes the special procedure for pick-ups and drop-offs when ice, snow,
or floods, may affect a driver’s ability to drop students at regularly scheduled stops.
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Mill Road, which have narrower travel lanes and road shoulders, and ignores the fact that
those “far busier roadways” have wider travel lanes and wider shoulders.
6. The methodology used to collect pedestrian/bicycle count data is described in the DEIS and TIS
as follows: “. . . activity was captured and recorded with video and the videos were observed in
the office with the data transcribed into tables giving the number of vehicles, cyclists and
pedestrians observed in 15-minute intervals over the observation period” (DEIS p.220). No
information is provided about the number or location of video recorders, or the fields of view
captured by each camera. As a result, it is impossible to independently evaluate count accuracy.
7. The DEIS scope specifically calls for the collection of data on “pedestrians walking (with strollers)
[and] jogging”. No information on these user groups is provided in the DEIS or the TIS. Although
not called for in the scope, no information on individuals walking dogs is included.
In the course of preparing the revised DEIS, the preparers have revised language in the “Impacts on
Pedestrian and Bicycle Use” section to deliberately downplay potentially significant impacts. The
revised language also fails to clearly correct inaccuracies noted by the Planning Board in the course of
their adequacy review. In addition, the DEIS text has selectively edited the text in the TIS to obfuscate
impacts. Language in the original DEIS reads as follows:
“The highest number of truck trips would occur during the Phase 1 Excavation of the
site, which is scheduled from the end of September to beginning of April. It includes the
entire winter season when pedestrian and bicycle use is typically lower. During this
period up to 4 trucks per hour would travel both north bound and south bound to the
site. Heavy trucks, such as sanitary trucks and fuel oil delivery trucks currently use the
roadway and there were no accidents evidenced in the accident study, which included
over three years of data indicating that trucks were not causing any problems. The
addition of four trucks an hour in each direction would not create any capacity issues or
create additional hazards not currently experienced by bicycles and pedestrians using
the road” (p.211).
The original traffic study (DEIS Appendix O) states that:
“The highest number of truck trips will occur during the Phase 1 Excavation of the site,
which is scheduled from the end of September to beginning of April. It includes the
entire winter season when pedestrian and bicycle use is typically lower. During this
period up to 4 trucks per hour will travel both north bound and south bound to the
site”.
The revised DEIS reads as follows:
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“The highest number of truck trips would occur during the Excavation phase, which
includes the entire winter season when pedestrian and bicycle use is typically lower.
During this period, up to 4 trucks per hour would travel both north bound and south
bound to the site. Heavy trucks, such as sanitary trucks and fuel oil delivery trucks
currently use the roadway and there was one accident evidenced in the accident study,
which included five years of data. The addition of four trucks an hour in each direction
would not create any capacity issues or create additional hazards not currently
experienced by bicycles and pedestrians using the road” (p.221; Appendix O, p.80).
The revised Traffic Study reads as follows:
“The highest number of truck trips will occur during the Phase 1 and 2 Excavation of the
site, which is scheduled from mid-December to beginning of June. It includes the entire
winter season when pedestrian and bicycle use is typically lower. During this period up
to 4 trucks per hour will travel both north bound and south bound to the site.”
The revised DEIS text, unlike the original DEIS and the revised Traffic Study, no longer references the
months during which Excavation phase haul trucks will be travelling on local roads. The revised DEIS text
(unlike the TIS text) can easily be taken to imply that the Excavation phase will be limited to the winter
months when, in fact only half of the Excavation phase occurs during that period. In addition, both
documents, in the original and revised versions, use language that fail to clearly indicate that
approximately eight trucks per hour will travelling along the Project’s truck route.
For all of the above reasons, the conclusion in the DEIS that “Counts of pedestrian and bicycle usage
along Cox Neck Road/Mill Road indicated only minimal usage by pedestrians and bicycles” (pp. xviii
and 226), cannot be supported.
In addition, the revised November 2022 DEIS fails to adequately address the inadequacies relating to
bicycle/pedestrian impacts identified by the Planning Board in the original December 2021 DEIS.
Specifically, it does not address the concerns of the Planning Board in regard to use of inappropriate
time frames for data collection, and the narrowness of the original sampling methodology.
Road Width, Capacity, and Configuration
The DEIS scope also call for “an analysis of the proposed truck route's road width and the capacity to
accommodate two vehicles passing at the same time and location as a pedestrian or cyclist, and
whether the roads are currently safe for such an interaction, including the perceived safety from the
perspective of the pedestrian or cyclist”; an “Assessment of the amount of space a pedestrian or cyclist
would have on the pavement when two vehicles pass each other”; an “Assessment of the perceived
safety by pedestrians and cyclists given the pavement width and speed limits along the route and
expected traffic generated by this project”; and an “Assessment of the safety of a pedestrian when two
vehicles pass each other while a cyclist or pedestrian is traveling on the shoulder” (pp.13, 15).
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The DEIS notes that the Southold town roads that comprise the Project truck routes, Cox Neck Road and
West Mill Road, have a minimum paved width of 22 feet. The DEIS fails to note that along the entire
length of the truck routes north of Sound Avenue there is no fog line or paved shoulder. According to
the revised DEIS Project haul trucks will have a width of eight feet—the maximum allowed by state law.
That leaves a total of six feet that must include space between two passing vehicles and space for a
bicyclist or pedestrian. Suffolk County Local Law No. 13-2021 requires “The operator of a vehicle which
is overtaking, from behind, a bicycle proceeding on the same side of the road [to] pass to the left of such
bicycle at a distance of at least three (3) feet until safely clear thereof.”4 In other words, the paved
surface width available to a bicyclist (or pedestrian) is effectively reduced to two feet (16 feet for the
two trucks + a conservative minimum of one foot between them 5 + the required 3-foot safety zone = 20
feet—leaving two feet). This is not a safe condition. It should also be noted, that maintaining even the
two-foot-wide area for pedestrians and bicyclists, would require the near-side truck to cross the double-
yellow line into the on-coming traffic lane.
COMMENT FIGURE BICYCLES/PEDESTRIANS-1, 2, and 3 illustrate the narrowness of West Mill and Cox
Neck Roads, and demonstrate the potentially dangerous conditions created for pedestrians and
bicyclists when large vehicles try to pass one another. COMMENT FIGURE BICYCLES/PEDESTRIANS 4
illustrates how Project haul trucks, because of narrow road conditions and deteriorated pavements, will
create dangers for pedestrians and bicyclists along West Mill and Cox Neck Roads.
Both the DEIS and the TIS note that “Almost all trucks operating in NYS are 8 feet wide including
sanitation trucks, fuel oil, landscaping, and box delivery trucks commonly operating on these roadways”
(DEIS p. 220, TIS p.78). Neither document seems to understand the significance of the presence of
“landscaping trucks.” These vehicles don’t just travel West Mill and Cox Neck Road. They frequently
park for extended periods on those roads while servicing customers (COMMENT FIGURE
BICYCLES/PEDESTRIANS 5). This creates a hazard, not only for pedestrians and bicyclists, but for
vehicular traffic as well. That hazard will increase significantly with addition of Project haul trucks which
will have to cross into the oncoming traffic lane in order to pass. Landscaping trucks parking on the road
will be a regular feature of the traffic environment from the late spring thru the following fall. This
period overlaps with the latter portion of the Project’s excavation phase when Project truck traffic will
be at its peak.
Additionally, there are stretches of both roads where the existence of utility poles and roadside
vegetation effectively limit, and even, eliminate, the availability of even unpaved areas adjacent to the
paved roadway (see, for example, Photograph No. 1 in DEIS Appendix G, and Photographs 5, 8 and 10 in
4 https://www.scnylegislature.us/DocumentCenter/View/73791/Introductory-Resolution-1830-20-PDF. This law was widely
publicized and should have been known to the preparers of the DEIS.
5 This does include the fact that truck mirrors may increase the effective width of passing trucks. This would necessitate the
distance between them when passing to be greater than one foot, further reducing the width of paved roadway available to
bicyclists and pedestrians.
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the TIS Supplemental Data Appendix). Although the DEIS scope calls for an evaluation of “[l]ocations and
width of shoulders along the route” no information about this was included in the original December
2021 DEIS, despite its significance in regard to pedestrian/bicyclist safety. The revised DEIS does contain
information on shoulder width for those portions of the truck route in the Town of Riverhead and along
Sound Avenue in Southold. No information about actual shoulder widths is provided for the portions of
the truck route along Cox Neck Road and West Mill Road. These concerns are especially acute when one
considers that some pedestrians will be walking dogs.
As noted above, no analysis has been made of the effects of limited sight-lines along portions of the
truck route. Although the DEIS (quoting the TIS) notes the existence of several dangerous locations, it
provides no quantitative or qualitative analysis of the dangers to pedestrians and bicyclists posed by the
limited sight-lines and narrow road widths at these locations. According to the DEIS:
“Much of the Cox Neck Road/West Mill Road is slightly rolling but there are two areas of
significant curves. The first is just north of Bergen Avenue where, going north, the
roadway curves sharply to the east turning about 90 degrees and then turns less sharply
to the north. Within the curves the road drops to the area between the curves just west
of Breakwater Road and then rises in the second curve to peak north of Jackson Landing
and the end of the curved section. No warning signs are posted for either north bound
south bound traffic. On the westerly side of the southern curve guide rail has been
placed to prevent vehicles from leaving the road. The guide rail is substandard and not
properly anchored on the ends. We question whether the two curves should be posted
with curve warning signs indicating the “S” curvature of the road and the use of
additional chevron signing along the back of both curves.
“North of the two curves the roadway straightens out and continues north in a relatively
straight line on gently rolling terrain. West and south of Naugle’s Drive the roadway
turns fairly sharply to the east. Curve warning signs were posted for northbound traffic
approaching the curve and for southbound traffic approaching the same curve. The
southbound signs seem to be placed too close to the curve and chevron warning signs
along the back of the curve would be useful. To the east of Naugle’s Drive West Mill
Road turns to the south and drops vertically. There is a curve warning sign posted for
eastbound traffic and an additional sign stating, “SLOW POPULATED AREA”. That sign is
posted behind a utility pole and not readily visible” (DEIS pp. 195-6; TIS p.12).
According to the revised DEIS and TIS, during Project Excavation Phase 2
“trucks will arrive and depart directly from the site at the north end of West Mill Road.
The trucks will be required to negotiate the curves east and west of Naugles Road. The
curve west of Naugles Road is tighter than the curves to the south and trucks
negotiating this section of the road will not be able to stay within their travel lane. East
of Naugles Road the curve is also tight, and it will be difficult for the trucks to stay in
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lane. To overcome this, it is proposed that flaggers be used to control traffic as truck
pass through this area” (emphasis added) (DEIS p. 219, TIS p.77).
The DEIS contains no discussion of how any of the conditions described above impact
bicyclist/pedestrian safety. Until a detailed study is made of the relationship between limited sight-lines
and the stopping distance of loaded and unloaded Project construction vehicles, in all weather
conditions, no proper evaluation of construction traffic impacts to bicyclists and pedestrians (as well as
vehicular traffic) can be made.
The DEIS attempts to minimize the impacts of Project construction traffic on bicyclists and pedestrians
along Cox Neck and West Mill Roads and concludes that “any motor vehicle will have to give way to
pedestrians and bicyclists using the road. In most 6 cases, they [Project haul trucks] will be able to move
over and pass the slower moving bicycles and pedestrians” (DEIS pp. xviii and 226; TIS pp.73, 80). The
DEIS does not indicate that this can be done safely, especially along parts of the truck routes with
limited sight distances.
Although the DEIS also notes that “Cox Neck Road/West Mill Road is marked with a double barrier line
separating opposing directions of traffic” (p.190) it fails to indicate the significance of this fact. The
entire truck route north of Sound Avenue/Route 48 is a designated no-passing zone.
Accident Data
The revised DEIS and TIS note that along the Cox Neck Road/West Mill Road portion of the truck route
only one accident involving a pedestrian was identified in the five years of data examined. Given that
the qualitative nature of the traffic along this portion of the truck route will change significantly—from
virtually no large 5- and 6-axle vehicles to more than 80 trips by such vehicles per day—there is no basis
for assuming that the potential for accidents involving pedestrians/bicyclists will not also increase. There
is no basis for assuming that historical data is indicative of the likelihood of accidents during the Project
construction period.
The DEIS fails to note that most of the first and last hours of each workday during much of the
excavation phase of the Project will require use of the truck route before sunrise or after sundown.
There is no discussion in the DEIS or TIS as to how this might affect the safety of bicyclists and
pedestrians.
The greater part of the excavation phase of the Project will occur during winter months. No discussion is
provided as to how heavy truck traffic might affect pedestrian safety during snow events when visibility
will be reduced and road conditions may be slippery. While the number of pedestrians can be expected
be low during such periods, it will not be zero (dog walkers will be out in all weather conditions).
6 “most”?—what about cases where they will not be able to move over?
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The Town of Riverhead Comprehensive Plan notes that “there have been a number of accidents on
Sound Avenue, some involving agriculture workers walking or bicycling along the road to and from their
places of employment” (2003:G-10). Given that traffic volumes on Sound Avenue are presently much
higher than they were at the time the comprehensive plan was prepared, the dangers to pedestrian and
bicyclists traveling Sound Avenue have certainly increased. No historical information on
bicyclist/pedestrian accidents for the portions of the truck route west of Cox Neck Road is included in
the DEIS or the TIS.
Proposed Mitigation
The DEIS scope calls for evaluation of “perceived safety from the perspective of the pedestrian or
cyclist.” Measures proposed in the DEIS to mitigate the impact of Project-related traffic and bicyclists
and pedestrians are unlikely to reduce, and may actually increase the actual, as well as perceived, safety
of these user groups.
The mitigation measures proposed in the DEIS include:
1. Prior to the commencement of Project construction, restriping the shoulder edge lines
defining the edge of 10-foot travel lanes on Cox Neck Road and West Mill Road is
recommended. (Presumably this will be the responsibility of the Town of Southold).
According to the DEIS, this “will provide the motorist with the appearance of narrower
roadway while providing an area for pedestrians” (DEIS pp. xxxvi, xxxix, 229, 293, 298; TIS
p.93). As the current paved roadway width along portions of these roads is only 22-feet,
this would leave only one foot on either side of the paved area for bicycles and pedestrians.
It seems that this recommendation is actually designed to aid Project truck traffic at the
expense of local residents walking, jogging, or bicycling in this area.
2. “High grass and any brush should be mowed and removed [by whom?] providing a walkable
surface where feasible” (DEIS pp. xxxvi, xxxix and 225). The DEIS fails to denote where these
areas are located, or what percentage of the Project truck route along Cox Neck Road and
West Mill Road could be improved. Photos of this portion of the truck route clearly
demonstrate that this measure would result in only a minimal improvement over existing
conditions; and
3. a suggestion that “during the construction period, the speed limit be reduced along Cox
Neck Road/West Mill Road. The current speed limit is 35 miles per hour and could be
reduced to 30 or even 25 miles per hour for the duration of the construction activity. The
speed limit change would require approval of the NYSDOT or the Southold Town Board
depending on the Town's ability to set speed limits” (revised TIS p.93, DEIS 225, 293). The
authors of the DEIS and the Traffic Study do not seem to be aware that the speed limit along
West Mill Road is presently posted at 30 mph. The statement that limiting truck traffic to a
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30-mph speed limit will “assuage community concerns” (TIS p.73) is pure conjecture and has
no basis in fact.7
Impacts along the Western Portions of the Truck Route
As noted above, the Planning Board’s consultant’s completeness review of the original DEIS noted that
the DEIS failed to address impacts to pedestrians and bicyclists “along the entire construction route”
(emphasis in original). The completeness review goes on to state that
“The width of all the roadways along the entire proposed truck route and the capacity
to accommodate two vehicles passing at the same time and location as a pedestrian or
cyclist, and whether the roads are currently safe for such an interaction. This should
account for the perceived safety from the perspective of the pedestrian or cyclist, as
well as areas with known high pedestrian activity for road crossings, particularly during
peak tourist activity in the fall months (crosswalks at Harbe’s Family Farm on Sound
Ave., and similar crossings frequented by pedestrians in peak season)” (NPV 2022:6).
While the revised DEIS and TIS provide descriptions of conditions relative to pedestrian and bicycle use
along the western portions of the truck route, little analysis of this information is provided, especially as
it relates to pedestrian and bicyclist safety. For example, the DEIS and TIS note that “Except between
Northville Turnpike and the vicinity of Oliver Street shoulders are one foot wide and do not
accommodate either pedestrians or bicyclists.” This would seem to suggest that an unsafe condition
presently exists, but no analysis of how this might be exacerbated by Project-related traffic—especially
the large number of large 22-wheelers.
DEIS Conclusions
The DEIS (p.226) concludes that “[D]espite the relative narrowness of the road the small numbers of
additional vehicles the Project will generate during construction and after completion should not
increase the hazards to bicycles and pedestrians also using the road. . . The minor increase in truck
trips in unlikely to cause any additional problems.” This conclusion is not supported by the data in the
DEIS or the TIS.
The characterization of the increase in Project-generated traffic as “small” is not accurate.8 The
statement that “the project will generate a small number of additional vehicles” is misleading in that it
combines all classes of vehicles—from motorcycles to 22-wheel tractor-trailers into a single number.
The same is true of the characterization of the increase in truck trips as “minor.” In fact, there will be a
very large and significant increase in the number of large trucks, notably Class 10 vehicles (the Project’s
7 The statement in the TIS (DEIS Appendix O) does not appear in the main body of the DEIS.
8 This is another example of the DEIS conflating post-construction/operation phase impacts with construction phase impacts.
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six-axle haul trucks) traveling the portions of the truck route in Southold Town. Over the 20 weekdays,
spread over four seasons in 2021, for which traffic counts were made, only one Class 9 vehicle (5 axle
tractor-trailer/18-wheeler) was counted on West Mill Road north of Bayview Ave. Not a single Class 10
vehicle was counted in this area. In addition, only four Class 10 vehicles were counted over the 20
weekdays on Cox Neck Road north of Westphalia. The increase in truck traffic of the type associated
with Project construction will effectively increase from zero to more than 80 trips per day along Cox
Neck and West Mill Roads. This is NOT a “minor” increase.
Referring specifically to Cox Neck and West Mill Roads, the DEIS states that the “minor increase in truck
trips in unlikely to cause any additional problems” (DEIS xvii, 226). As noted above, the increase in truck
traffic is NOT “minor”. The conclusion that the increase in “truck traffic is unlikely to cause any
additional problems” is not supported by the data.
The DEIS’ conclusion that the “addition of four trucks an hour in each direction would not create . . .
additional hazards not currently experienced by bicycles and pedestrians using the road” (p.211) is
unsupported and is, in fact, contradicted by available data.
Although called for in the DEIS scope, the DEIS contains no discussion of how pedestrian and cyclists
might “perceive” their safety when being passed by construction vehicles. The conclusion that the
“proposed 30 mile per hour maximum speed to be observed by Project trucks on Cox Neck Road/West
Mill Road will mitigate concerns of the community” is not only not supported by any data in the
DEIS—it is completely untrue.
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COMMENT FIGURE BICYLCES/PEDESTRIANS-1
West Mill Road (2021)
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COMMENT FIGURE BICYLCES/PEDESTRIANS-2
West Mill Road (2021)
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COMMENT FIGURE BICYLCES/PEDESTRIANS-3
Cox Neck Road in the vicinity of Rosewood Drive (Spring 2021)
The construction vehicles were involved in the delivery of fill for a single residential lot at the corner of
Rosewood Drive and Cox Neck Road.
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COMMENT FIGURE BICYLCES/PEDESTRIANS-4
January 2023 March 2023
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COMMENT FIGURE BICYLCES/PEDESTRIANS-5
Landscaping truck parked on West Mill Road (April 2023)