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HomeMy WebLinkAboutComprehensive Plan Consistency Rev3c FINAL - jkPage | Comprehensive Plan - 1 Rev3c COMPREHENSIVE PLAN CONSISTENCY The DEIS (p.151) cites that the Southold Comprehensive Plan’s “Vision Statement, as created through the public participation process, which reads in part: ‘future planning shall be compatible with existing community character while supporting and addressing the challenges of continued land preservation, maintain a vibrant local economy, creating efficient transportation, promoting a diverse housing stock, expanded recreational opportunities and protecting natural resources’ (page 1). However, the proposed Project does none of these things. The Project is not, as claimed in the DEIS “consistent with the goals and objectives [of Southold’s Comprehensive Plan] relevant 1 to the subject property and proposed maritime use” (DEIS p. xiv, 14). Many specific examples of this are covered elsewhere in these comments, including the comments describing the Project’s lack of consistency with the Southold LWRP. In Table 30 in the DEIS “Consistency Analysis with the 2020 Comprehensive Plan,” the DEIS has cherry- picked items from the Comprehensive Plan to address as “relevant to the subject property” excluding others that are inconsistent with the Project. For example, Chapter 3 of the Plan identifies 13 goals associated with land use and zoning. The DEIS Table 30 addresses only three of these. Among the goals not addressed, because the Project appears to be inconsistent with it, is Land Use and Zoning Goal 10: “Continue to Preserve Farmland and Open Space.” The Project will adversely impact the Town-owned Mill Road Preserve. Another example is Community Character Goal 1: “Protect Scenic Resources.” The Project will have a large visual impact on a key scenic resource of the Town and especially the hamlet, namely the view from the water and across the water of Mattituck Inlet. It will greatly degrade the experience of visiting one of the natural heritage treasures of the Town, the Mill Road Preserve, which it directly abuts. The visual impact assessment included as part of the DEIS was not properly prepared, is rife with errors, and fails to accurately depict both existing and proposed views. It cannot be used as a basis for evaluating the visual and aesthetic impacts of the Project. Land Use and Zoning Goal 5: Protect the Town Character DEIS: “The existing character of the site and surrounding area is primarily mixed-use maritime at the water’s edge with residential land uses adjacent and landward of such maritime uses. The subject property has been an established maritime use for 60 years and is zoned accordingly. . . The proposed action would expand in line with the existing scale of development on the subject property with the proposed buildings placed landward (behind) Buildings 7 and 8, and perpendicular to Mattituck Creek, such that the length and mass would not be visibly obtrusive to users of Mattituck Creek. The proposed buildings would be constructed with the same material as the existing buildings (i.e., blue siding with white trim windows and eaves) such that it would blend with the existing maritime-use buildings on-site.” (DEIS Table 30, p.169). 1 DEIS Table 30 deals almost exclusively with Plan goals that it has deemed relevant. However, in a few instances it has specifically called out specific Plan objectives and identified them as “not applicable.” These include several objectives relating to Economic Development and Natural Hazards. Page | Comprehensive Plan - 2 Rev3c Response: As noted elsewhere in the comments, questions have been raised about whether the Project site was properly zoned for maritime use. It is not “at the water’s edge” but elevated approximately 40 feet above the level of Mattituck Inlet and is presently inaccessible from the existing marina facility. The proposed structures will likely be the largest buildings in Southold. They are not “in line with the existing scale of development.” The visual simulations used to demonstrate how the Project “would blend with the existing maritime-use buildings on-site” are, as noted in other comments, defective and misrepresent the post-construction views of the Project site. Land Use and Zoning Goal 6: Protect Natural Resources and Environment DEIS: “As the proposed action would replace and upgrade an existing septic system with an I/A OWTS and install an additional I/A OWTS, the proposed sanitary system would reduce nitrogen loading. . . Response: Replacement and upgrading of the existing septic system is not contingent upon the approval of the entire Project. The Applicant can undertake this improvement independent of Project approval. DEIS: “The proposed action includes discontinuance of the use of existing on-site wells for potable water and connection to the public water supply through extension of the water main.” Response: As noted in other comments, the water line is being constructed independent of the Project. Groundwater benefits cannot be attributed to the Project. DEIS: “to mitigate for the loss of forest trees associated with the proposed project, approximately 95 Pitch Pine trees would be planted. In addition, the Applicant will contribute 50 native trees (10-gallon container typical 1-inch caliper, 5-6 feet tall) for installation at high-priority sites with the Town of Southold . . .” Response: It is difficult to understand how the destruction of more than 600 mature trees, even with the proposed, and clearly inadequate, “mitigation” is consistent with the goal to “Protect land-based natural resources including agricultural soils and natural habitat for wildlife.” Land Use and Zoning Goal 7: Economic Prosperity DEIS: “The proposed project seeks to expand the business services of SYC to meet an unmet demand for indoor heated winter storage of yachts on the east end of Long Island. . . the proposed action would create jobs, increase tax revenue to various taxing jurisdictions and increase sales tax revenue . . . The proposed development responds to an industry demand for large vessel storage, while including appropriate mitigation measures in the construction and design in consideration of the surrounding residential land uses. . . implementation of the proposed action would facilitate the growth of SYC’s [sic] and provide continued support to the maritime industry within the Town of Page | Comprehensive Plan - 3 Rev3c Southold. The proposed action would balance economic prosperity while maintaining a high quality of life, the environment and the unique character of the surrounding community.” Response: The DEIS contain no data to support the assertion that the Project will “meet an unmet demand for indoor heated winter storage of yachts on the east end of Long Island.” As noted in other comments, yacht manufacturers have indicated that heated storage is not necessary. The DEIS itself, states that most anticipated customers will from areas beyond the east end of Long Island. As detailed in other comments, the DEIS has exaggerated the significance of any job creation and tax revenue benefits. There will be only a minimal increase in net sales tax revenues to New York State. Property taxes during the first three years of Project operation will be a mere $32,234, and will not reach their maximum for ten years. The numerous large environmental impacts during construction, and the permanent damage to the natural environment that will remain after Project construction are not consistent with “maintaining a high quality of life, the environment and the unique character of the surrounding community.” Transportation and Infrastructure Goal 1: Reduce Stormwater Runoff DEIS: “The proposed action would increase the total impervious surface area from 2.62± acres to 4.98± acres. Accordingly, there would be a resultant increase in the volume of stormwater runoff generated on the subject property.” Response: Although the DEIS describes how the Project plans to address this, the acknowledged increase in stormwater runoff that the Project will create is not consistent with the goals of the Comprehensive Plan. If, as the Applicant has indicated (see comments on Project alternatives), it is possible that only one storage building, but concrete floor slabs for two buildings, will be constructed, there will be a significant increase in impervious surface area (more than one acre) on the Project site. This will result in a significant increase in stormwater runoff. Transportation and Infrastructure Goal 2: Evaluate alternatives to public sewers DEIS: “The proposed action includes the replacement of an existing individual on-site sanitary system with an I/A OWTS . . . the proposed action is in keeping with this goal of the 2020 Comprehensive Plan.” Response: As noted in other comments, the replacement of the existing on-site sanitary system with an I/A OWTS, can be accomplished independent of the Project. Project approval is not necessary to foster this goal. Community Character Goal 2: Protect Cultural Resources Page | Comprehensive Plan - 4 Rev3c DEIS: “the construction of two additional buildings on the subject property, which is currently improved with seven (7) buildings for the existing maritime use, is consistent with the maritime character of the subject property and surrounding area.” Response: The proposed structures will be located on what is now a forested area significantly elevated above Mattituck Inlet and is not accessible from the existing SYC facility. The removal of more than 134,000 cubic yards of sand and the destruction of more than 600 trees is required to bring the Project site to the same elevation as the existing SYC. The Project site is not “consistent with the maritime character of the subject property and surrounding area.” DEIS: “the NYS Office of Parks, Recreation and Historic Preservation (OPRHP) has reviewed the proposed action and a determination of no impact upon cultural resources (historic and archaeology) has been issued.” Response: The statement in the DEIS is untrue. OPRHP has expressed concern about possible impacts to historic structures and has requested the Applicant to prepare a Construction Protection Plan for the Old Mill Inn and the historic Water Tower on West Mill Road. As discussed elsewhere in these comments, the plan prepared by the Applicant is inadequate. It has not been submitted to OPRHP as of April 2023. OPRHP has not reviewed, or been asked to review, the Project’s impacts to historic properties located along the Riverhead portions of the Project’s truck route. Community Character Goal 3: Preserve Quality of Life in Residential Neighborhoods DEIS: The DEIS describes the Project’s plans to mitigate impacts from construction traffic, site lighting, noise, and visual impacts. Response: The very fact that mitigation of these impacts is required, demonstrates that the Project is not consistent with the goal to “Preserve Quality of Life in Residential Neighborhoods.” The inadequacy of the proposed mitigation measures has been detailed in these comments. The quality of life in the residential neighborhoods abutting the Project and along the Project truck route will be significantly damaged. Community Character Goal 4: Protect Natural Heritage DEIS: “The proposed action would expand in line with the existing scale of development on the subject property. Based on the above, the proposed action would preserve the working waterscape within this area of the Town as well as support the commercial use of the Town’s marine ecosystems.” Response: The Comprehensive Plan notes the importance of maritime industries to the character and economy of Southold, establishing objectives of “protect[ing] the character of Page | Comprehensive Plan - 5 Rev3c historic agricultural and maritime areas by maintaining appropriate scales of development, intensity of use, and architectural style” and “preserv[ing] and encourag[ing] traditional uses defining the agricultural and maritime character of the area.” It specifies under this category “fishing-related industries, marine trades, marine biology, marinas, recreational boating support uses, and related uses.” While the Project broadly fits under that description, it does nothing to enhance the maritime character of the Town, the Hamlet, or the Inlet, which historically were built around commercial and sport fishing and small-boat recreation by local residents — not servicing multi-million-dollar yachts. The Project will consist of two enormous big-box structures with no visual appeal or interest or obvious maritime function; its presence will do nothing to enhance the maritime character of the Town, any more than would an Amazon warehouse on the same location. DEIS: “wildlife species that are most likely to be adversely impacted by the proposed action, specifically the reduction in Coastal Oak-Beech forest habitats from 12.60 acres to 8.28 acres, include birds or other wildlife that inhabit mature forests, forest interiors, or have large patch size requirements.” Response: No detailed response required. The Project is clearly inconsistent with the protection of natural heritage, even with the inadequate mitigation proposed. Community Character Goal 5: Protect the Unique Character of Individual Hamlets DEIS: “the proposed action would maintain the maritime use of the subject property along Mattituck Creek and expand the business services of SYC to meet an unmet demand for indoor and heated winter storage of yachts on the east end of Long Island. The proposed action would keep those yachts that utilize local waters during the peak season on Long Island rather than being transported to warmer climates in the winter which would further support and revitalize the maritime and commercial hub in this area. Overall, the proposed action would be consistent with this goal and objective from the 2020 Comprehensive Plan.” Response: As noted above, the Applicant has not demonstrated that there is “an unmet demand for indoor and heated winter storage of yachts on the east end of Long Island.” The Applicant has stated in public venues that his customers are not individuals who transport their yachts to warmer clients during the winter. Natural Resources and the Environment – Water Resources Goal 1: Conserve Water Quantity DEIS: “[u]pon implementation of this proposed action, the total potable water demand of SYC . . . would be served entirely by the SCWA through a water main extension to be funded by SYC. This would decrease the amount of water being withdrawn on-site via private wells. This water main extension would give the seven property owners, identified in Table 12 and discussed in Section 2.2.1 of this DEIS, with the ability to connect to public water but remain served by private wells the Page | Comprehensive Plan - 6 Rev3c opportunity to connect to SCWA and further decrease the amount of water being withdrawn from the aquifer. Response: As noted in other comments, the proposed water line is scheduled for construction in May 2023, independent of whether or not the Project is approved. The Project will therefore not contribute to a reduction in groundwater drawdown. It will result in an overall increase in water use. Realistically, only two property owners will be able to connect to the new water line, one of whom is the Applicant. Natural Resources and the Environment – Water Resources Goal 3: Protect Surface Water Quality DEIS: “The proposed ac�on would not involve any illicit discharges into any nearby surface waters.” Response: It is unclear why “illicit discharges” would ever have been considered as possibility for inclusion in the Project. It should go without saying that the Project is expected to comply with the law. Natural Resources and the Environment – Land Resources Goal 1: Protect Soils and Geologic Features DEIS: “The proposed action would modify the upland and valley slope; however, the existing slope face shows natural moraine and outwash plain sediments that have been augmented in places with spoil and dredged material. While the landform would be modified, the proposed development includes structural stabilization to correct existing slope failure due to the placement of dredge material.” Response: The existing slope face where slope failure is occurring will cease to exist as part of the Project. The existing slope face will be removed. The proposed “structural stabilization to correct existing slope failure” is the construction of an 875 ft-long, 30+ foot-high concrete retaining wall in an entirely different location. As noted in other comments, there is almost no basis for assuming that the existing slope failure is the result of previous placement of dredge material. Natural Resources and the Environment – Land Resources Goal 2: Protect Upland Habitat and Trees DEIS: “In total, the proposed action would require the removal of 634 trees.” Response: No response required. Clear-cutting 5.51 acres of forested hillside, resulting in the destruction of 634 mature trees and an undetermined number of younger trees is clearly inconsistent with the protection of upland habitat and trees, even with the inadequate mitigation proposed. Page | Comprehensive Plan - 7 Rev3c Natural Resources and the Environment – Land Resources Goal 3: Protect Fish and Wildlife DEIS: “[T]he decreased habitat availability associated with the loss of 32 percent of the site’s forest habitat would likely decrease the abundance and diversity of the plant and wildlife species that utilize the site . . . Wildlife species that would be most likely adversely impacted by the proposed action, specifically the reduction in Coastal Oak-Beech forest habitats from 12.60± acres to 8.28± acres, include birds or other wildlife that inhabit mature forests, forest interiors, or have large patch size requirements.” Response: No response required. The Project is clearly inconsistent with the protection of wildlife, even with the inadequate mitigation proposed. Natural Resources and the Environment – Land Resources Goal 7: Adapt to the effects of climate change and rising sea levels. DEIS: “it is not expected that there would be any significant adverse impacts from climate change, sea level rise and coastal flooding.” Response: The DEIS downplays the potential effects of sea-level and groundwater rise on the Project site. As detailed elsewhere in these comments, it uses conservative rather than worst- case projections of sea level rise to predict future impacts. It also uses cherry-picked historic precipitation data to minimize the contribution that increasing precipitation will have on groundwater/sea level rise. Natural Resources and the Environment – Land Resources Goal 10: Reduce light pollu�on DEIS: the proposed site lighting plan has been designed in accordance with Chapter 172 of the Town Code (Outdoor Lighting). As such, the proposed action would be consistent with this goal. Response: Conformance with the Town Code will not “reduce light pollution.” The Comprehensive Plan states that the objective of this goal is to revise the Town Code to address LED technology. The Project includes LED lighting. The Project will increase the amount of light emitted from the presently-forested and unlit portions of the Project site. Economic Development Goal 1: Encourage new and facilitate the growth of existing business sectors that pursue stable and suitable employment DEIS: “[T]he proposed action would create new jobs for the servicing of the larger vessels to be stored on-site, while continuing to support SYC as an important maritime use on Mattituck Creek. In turn, the proposed action benefits the existing SYC staff as the business operation responds to market demands for indoor climate-controlled storage. As such, the implementation of the proposed Page | Comprehensive Plan - 8 Rev3c action would facilitate the growth of SYC and provide continued support to the maritime industry within the Town of Southold.” Response: The Applicant has exaggerated the number of new jobs that would be created, and has not indicated if those jobs will be year-round positions. As noted in other comments, the DEIS does not documented a demand for indoor climate-controlled storage, which yacht manufacturers have indicated is not necessary. The Project will “facilitate the growth of SYC,” but it has not been demonstrated how the construction storage for large pleasure yachts will result in “provide continued support to the maritime industry within the Town of Southold.” Economic Development Goal 2: Promote Economic Development that Ensures an Adequate Tax Base Without Compromising the Unique Character of the Town DEIS: [T]he proposed action would increase tax revenue to various taxing jurisdictions and increase sales tax revenue. Response: As noted in other comments, the DEIS has exaggerated the tax benefits of the Project. Even the limited tax benefits for Southold cannot be accrued “[W]ithout Compromising the Unique Character of the Town.” DEIS: The proposed action would balance economic prosperity while maintaining a high quality of life, the environment, and the unique character of the surrounding community. Response: The “economic prosperity” derived from the Project, will largely accrue to the Applicant. The Project will irreparably diminish and degrade the “high quality of life, the environment, and the unique character of the surrounding community.” Economic Development Goal 4: Preserve and encourage industries that support existing and future agriculture and aquaculture uses DEIS: “the subject property is a designated host for the CCE Marine Program for shellfish restoration. As a host, SYC has an executed MOU [Memorandum of Understanding] with the CCE [Cornell Cooperative Extension] Marine Program to support CCE’s involvement with the LISRP [Long Island Shellfish Restoration Project], inclusive of housing FLUPSY in dockside areas that are used by CCE for shellfish harvesting. Response: The continued operation of the CCE program hosted by the Applicant is independent of Project approval. The Applicant may choose to continue ordiscontinue hosting the program whether or not the Project is approved.