HomeMy WebLinkAboutCross Sound Ferry & TOSTOWN OF SOUTHOLD and CROSS SOUND
Table of Contents
1. Town of Southold Correspondence Board
2. Town of Southold Minutes dated 1/01 to 12/01
3. Public Comment
Town of Southold SEQR Negative Declaration
Determination of Significance
Notice of Determination of Non-Significance
5. Traffic Assessment prepared for Cross Sound dated 3/99
6. Approved EAF Part 1 prepared by Cross Sound
7. EAF Revised Site Plan Application dated 6/01
8. Update letter of Nelson, Pope & Voorhis re: Amended and Full Environmental
Assessment Form
9. Memorandum regarding parking status
10. Aerial photos dated:
(a) 1955
(b) 1969
(c) 1978
(d) 1980
(e) 1988
(f) 1996
11. Site plans dated (last revision date):
(a) Concept Site Plan dated 09/05/00
(b) 01/04/01
(c) 01/22/01
(d) 10/09/01
(e) 11/15/01 Final - approved 02/01/02
PLANNING BOARD ME1VIBERS
BENNETT ORLOWSKI, JR.
Chairman
WILLIAM J. CREMEHS
KENNETH L. EDWARDS
GEORGE RITCHIE LATHAM, JR.
R/CHARD CAGG/A2q'O
Town Hsll, 53095 State Route 25
P.O. Box 1179
Southold, New York 11971-0959
Telephone (631) 765-1938
Fax (631) 765-3136
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
February 1, 2002
Mr. Richard E. Warren, President
Inter-Science Research Associates, Inc.
P.O. Box 1201
36 Nugent Street
Southampton, NY 11969-1201
Re:
Proposed Site P1an for Cross Sound Ferry
SCTM No. 1000-15-9-10.1, 11.1 & 15.1
Dear Mr. Warren:
The Southold Town Planning Board has authorized the Chairman to endorse the final set
of plans, last revised November 15,2001.
Enclosed please fred two copies of the approved site plans; one for your records and one
to be submitted to the Buildi,ug Department when you apply for a building permit.
Very truly yours,
Bennett Orlowski,Jr.
Chairman
Ends
Cc: Tax Assessors, Building Dept, F.Yakaboski
PLANNING BOARD MEMB'~S
BENNETT ORLOWSKI, JR.
Chairman
WILLIAM J, CREMERS
KENNETH L. EDWARDS
GEORGE RITCHIE LATHAM, JR.
RICI-DkRD CAGGIANO
P.O. Box 1179
Town Hall, 53095 State Route 25
Southold, New York 11971-0959
Telephone (631) 765-1938
Fax (631) 765-3136
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
Via FAX and U.S. Mail
January 10, 2002
Mr. Richard MacMurray
Cross Sound Ferry Services, Inc
2 Ferry St., P.O. Box 33
New London, CT 06320
Re: Handicap Spaces
Orient Ferry Terminal
Dear Mr. MacMurray,
The Planning Board has received several inquires regarding the shortage of Handicap
parking spaces at the Orient Point Ferry terminal. Please review this matter as quickly as
possible in order to better serve the needs of handicapped patrons. We have received
complaints that handicapped drivers cannot find sufficient spaces, and are being ticketed
for parking in undesignated stalls.
It would seem that an expeditious review of this situation would be very much in the
public interest, and remedy a difficult problem for all handicapped visitors.
Please advise this Board on the progress of your review, so that we can inform all
rclcvaat Tc, wn agencies, .and the Police Department as to the impr~vements~yotearc
implementing.
Thank you for your cooperation in this important matter.
Chairman
PLANNING BOARD MEMBERS
BENNETT ORLOWSKI, JR.
Chairman
WILLIAM J. CREMERS
KENNETH L. EDWARDS .
GEORGE RITCHIE LATHAM, JR.
RICHARD CAGGIANO
P.O. Box 1179
Town Hall, 53095 State Route 25
Southold, New York 11971-0959
Telephone (631) 765-1938
Fax (631) 765-3136
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
December 11, 2001
Mr. Richard E. Warren, President
Inter-Science Research Associates, Inc.
P.O. Box 1201
36 Nugent Street
Southampton, NY 11969-1201
Re:
Proposed Site Plan for Cross Sound Ferry
SCTM No. 1000-15-9-10. I, 11.1 & 15.1
Dear Mr. Warren:
The following took place at a meeting of the Southold Town Planning Board on Monday, December
10, 2001:
The final public heating was closed.
Thc following resolution was adopted:
WHEREAS, the Town of Southold Planning Board received a revised site plan application from
Cross Sound Ferry Services, Inc. on September 8, 2000; and
WHEREAS, this proposed site plan amendment concerns 4.06 acres of land owned by the applicant
at the terminus of SR 25 at Orient Point; and
WHEREAS, John & Adam Wronowski are the owners of the property designated as SCTM No.
1000-15-9-10.1, 11.1 & 15.1, consisting of three parcels, all zoned Marine II (MII) Zoning
and in current active use as a ferry terminal for Cross Sound Ferry Services, Inc. located at
Orient Point, coincident with the termination of NYS Route 25; and
WHEREAS, Cross Sound Ferry Services, Inc. requests site plan approval from the Southold Town
Planning Board for the entire site; and
Cross Sound Ferry - Page Two - 12/11/01
WHEREAS, the proposed application was determined to be an Unlisted Action under the State
Environmental Quality Review Act (SEQRA) 6 NYCRR Part 617.2 (a-k) and 617.4, and, the
Town of Southold Plarming Board, pursuant to the State Environmental Quality Review Act
(Article 8), Part 617, declared itself lead agency and issued a Negative Declaration on August
13, 2001 after review of relevant materials, public hearings, inspection of the property, and
independent deliberation; the Negative Declaration finds that the proposed site plan for Cross
Sound Ferry would not have a significant adverse impact on the environment as recorded in
the resolution and determination adopted by the Planning Board on August 13, 2001; and
WHEREAS, a final'public hearing was closed on said site plan amendment at the Town Hall,
Southold, New York on December 10, 2001; and
WHEREAS, the Southold Town Planning Board, pursuant to Chapter 58, Notice of Public Hearing,
has received affidavits that the applicant has complied with the notification provisions; and
WHEREAS, on August 14, 2000, the Director of Code Enforcement ruled in a memorandum of that
date that the parking on the parcel known as "the Snack Bar Parcel" is a pre-existing use; and
WHEREAS, the site plans for the other parcels included in this site plan application received
certifications at the time of their approval; and
WHEREAS, the applicant proposed to undertake a specified list of actions designed to improve
operations, safety, aesthetics, wetlands and coastal resource protection and traffic efficiency
at the site as reflected in the pending revised site plan; and
WHEREAS, the applicant has indicated a willingness to seek additional operational improvements
to accommodate passengers. These measures are noted as follows:
Cross Sound Ferry Services, Inc. will consider establishing a system for the
mserbation of parking for travelers using the high speed service, to allow for advance
notice for the need for parking and to allow for daily planning of on-site parking.
Investigate other areas for additional parking outside of the Orient area.
Investigate bus/rail links and potential to establish parking outside of Orient in
association with mass transportation modes.
Investigate out-of-the-area ferry landing sites to augment ferry services to Long
Island.
Pursue with the NYS Department of Transportation the re-arrangement of the
terminus of NYS Route 25 as an integrated plan with ferry terminal properties, and
coordinate such improvements with the Town of Southold. Until this is achieved,
Cross Sound Ferry will be responsive to community concerns regarding traffic flow
and pedestrian safety. As with any ongoing operation, it is important to continue to
improve the management and timing of off-loading cars due to their impact on the
traffic flow on NYS Route 25.
Cross Sound Ferry- Pa~e Three - 12/I 1/01
It is recognized that these measures are not part of the site plan application, but are useful in
further improving operations at the site as long-term mutual goals of the Town and Cross
Sound Ferry Services, Inc.; and
WHEREAS, the Southold Town Planning Board hereby acknowledges and supports the efforts of
the applicant to pursue the additional operational improvements noted above; and
WHEREAS, the Southold Town Planning Board has reviewed the site plan and the modifications
made thereto with respect to Sections I00-251 and 100-252 of the Town Code and makes the
following specific findings as they relate to these sections of the Code:
I. Given the site conditions and character/use of the adjoining properties, the improvements
proposed in this site plan address the need to protect the established character and value of adjoining
properties. The property is located within the M-I/Marine Zoning District and lies adjacent to the
terminus of SR 25, and the Cross Sound Fer~ terminal building and vehicular parking and staging
areas. While the property to the east is within the R-80 Residential Zone, this vacant property is
currently owned/controlled by the applicant. The building on the subject property that is now the
snack bar was constructed before 1955. Given the existing site conditions, the modifications that are
proposed are considered to be improvement to the protection of the character of the immediate area.
The implementation of the landscape buffers as illustrated on the site plan will, to a degree, increase
the visual screening of the parking on-site. The installation of the perimeter controls (curb stops and
guardrail fencing) will help conta'm the parking within the area that have been designated for such
use.
2. The plan proposes no increase in the square footage of the pre-existing building found on-site.
With the implementation of the proposed plan, the physical surface areas currently used for parking
will be reduced through the installation of gnardrail fences and curb stops.
3. The proposed improvements will not cause any detrimental impact toward issues related to safety
fxom fire, flood and other dangers, and as designed will provide adequate light, air and convenience
of access for those using this facility.
4. The applicant has worked w!th the Planning Department to arrive at an appropriate design for
traffic access to the site, for both vehicles and pedestrians.
5. The determination ofparking on this site has clearly been a difficult issue for the Planning Board
to resolve. After much deliberation, the Board finds that it is appropriate to grant site plan approval
to permit the improvemem of the parking conditions fmtnd on the subject site for use by the general
public who, as patrons of Cross Sound Ferry Services, Inc., use the property. In making its
determination, the Planning Board found that the use of the site operator (vehicle and passenger
ferry/carrier service) does not fall within any of the specific categories listed in § 100-19lA of the
Town Code, leaving the Plamfing Board to determine what constitutes "reasonable and appropriate
off-street parking" on a site-by-site, project-by-project basis.
Cross Sound Ferry - Page Four - 12/11/01
6. The Planning Board finds that the improvements proposed on the site plan prepared by John J.
Raynor, P.E., L.S., P.C., last dated November 15, 2001, fulfills the objective of § 100-252(B) by
making improvements to the existing parking conditions on the site. In general, the improvements
include:
i. the re-grading and application of stone/gravel to the unpaved lot, so as
to reduce potholes and provide on-site drainage control;
ii. the installation of curb stops and a guard rail fence around the perimeter of
the parking area so as to delineate the parking and protect the proposed
plantings from vehicular encroachment;
iii. the addition ora cross walk to aid pedestrians;
iv. the assurance that the applicant will maintain at least one parking attendant
during peak parking periods (summer and holiday weekends), to facilitate
interior circulation and parking.
7. Under the unique circumstances of this particular site and application, the Board finds that'the
unpaved stone/gravel lot is preferable to a paved lot with marked stalls. The unpaved "Snack Bar
Parcel" provides flexibility to use parking assistants in order to maximize the capacity of that lot
during the peak seasonal needs of the applicant's services, thus reducing potential impact to the
adjacent streets. Accordingly, the Board finds that the maintenance of the parking on the "Snack Bar
Parcel" as an unpaved, unmarked parking area, in conjunction with the existing lots to the west
represents the most "reasonable and appropriate off-street parking requirements" for this unique
facility.
8. The proposed plan, to the maximum extent possible, provides adequate landscape buffers to the
adjacent streets and properties. As illustrated on the site plan, last dated November 15, 2001, the
applicant has proposed vegetative buffers around the parking areas of the snack bar parcel.
9. The proposed plan has been designed to protect/conserve natural features of the property and
adjacent areas. To address concerns raised by the Trustees, the applicant will relocate the proposed
parking area approximately 20 feet further away from the beach than originally proposed, and will
install a low berm landscaped with native coastal species to provide protection and separation
between the beach and the parking area. The plan also proposes to improve the drainage conditions
found on the site, by regrading, and redirecting drainage to french drains proposed to capture and
recharge runoff to the groundwater below. The use of french drains will prevent runoff from
entering the adjacent tidal estuary.
10. The proposed plan avoids unnecessary pavement of the parking area by using a pervious
stone/gravel material for resurfacing the snack bar parking lot.
11. The proposed plan minimizes the lighting effects on adjacent properties by employing low
intensity safety lighting, which will be operated by a timer that allows the lights to automatically shut
off one-half hour after the arrival of the last ferry for each business day.
12. No public address intercom or sound system is proposed within this site plan application.
Cross Sound Ferry- Page Five- 12/11/01
13. The proposed plan fulfills the objective "that all site developments shall respect existing grades
on site and on adjoining sites to avoid unnecessary excavation or filling and that all stormwater
runoff generated on site will be retained on site in an environmentally acceptable manner." While
the original design of the project included leveling of the parking surface, adding a stone surface and
filling potholes, the current design includes regrading as sought by the Town Engineering Inspector
to redirect and contain stormwater runoff on-site.
14. The proposed plan raises no issues related to public utilities in the area.
15. The proposed plan is determined to be at a scale consistent with existing development and with
the Comprehensive Development Plan of the Town of Southold The proposal does not change the
scale of the use of the property and proposes no new additional parking areas not historically used in
the pre-existing parking areas. The use is consistent with the Marine Zoning District and the Town's
Comprehensive Plan.
16. As the project proposes no new buildings, the proposed plan does not raise architecturalissues.
17. The addition of a hard-surfaced handicapped space adjacent to th~ snack bar building is
considered an improvement over the existing conditions found on the site. The Planning Board also
acknowledges the creation of additional handicapped-accessible parking on the Terminal. Parcel,
nearest to the main building as part of this facility, for use by patrons needing such accommodations.
NOW, THEREFORE BE IT RESOLVED, that the Southold Town Planning Board hereby grants
final approval with conditions to the revised site plan prepared by John J, Raynor, P.E. & L.S., P.C.
(last revised on November 15, 2001 and received in this office on November 20, 2001) and
authorizes the Chairman to endorse said plans with the following conditions affixed thereto:
1. Curb stops shall be used to define the northem and western parking area within the "Snack
Bar" Parcel boundaries, including south of the Snack Bar.
2. A wooden barrier or guardrail shall protect landscaping and define the eastern border of the
parking area within the "Snack Bar" Parcel.
3. A snow fence and berm planted with a double row of Rosa Rugosa (as per Board of Trustee
Permit # 5408, dated November 8, 2001, and revised on December 5,2001 ) shall define the southern
border of the parking area within the "Snack Bar" Parcel boundaries.
4, Low Intensity Safety Lighting shall be installed within the "Snack Bar" parking area. Said
lighting is to be shielded to the ground and operated by timer so as to automatically shut-off
approximately one-half hour after the arrival of the last ferry mn of each business day. Said lighting
is to be installed on the wooden barriers/gnardrails and curb stops within the boundaries of the
"Snack Bar" parking area.
Cross Sound Ferry - Page six - 12/11/01
5. Existing and/or proposed landscaping around the perimeter of the parking area within the
"Snack Bar" Parcel is to be maintained and/or planted in accordance with the final revised site plan,
prepared by John J. Raynor, P.E. & L.S., P.C. (last revised on November 15, 2001 and received in
this office on November 20, 2001).
6. The regrading and application of stone and gravel within the "Snack Bar" Parcel shall
incorporate drainage measures that were specified by the Board of Trustee Permit # 5408, and
illustrated on the October 9th revised site plan, prepared by John J. Raynor, P.E. & L.S., P.C.
(subsequently revised on November 15, 2001 and received in this office on November 20, 2001).
These drainage measures were reviewed and approved by James Richter, Town Engineering
Inspector, and endorsed by the Trustees.
7. The pedestrian walk across State Route 25 between the "Snack Bar Parcel" and the Ferry
Terminal Office is to be painted and ma'mtained in good condition by the applicant and in accordance
with standard procedures of the New York State Department of Transportation.
8. No parking shall be permitted within or near the two (north and south) entrances/exits to the
parking area within the boundaries of the "Snack Bar" Parcel, denoted on the final revised site plan
as "Emergency Access Area". Signage stating that this is a Tow-Away Zone shall be posted at these
two locations.
9. The two (2) locations denoted on the final revised site plan as "Emergency Access Area" on
the site plan shall be interconnected with a minimum 15 foot aisle within the interior parking areas,
in order to provide emergency vehicle access if necessary.
10. The existing wooden fencing at the southwest boundary of the "Snack Bar" Parcel is to be
replaced with a split rail fence and maintained in good condition.
11. The applicant shall be required to provide at least one parking attendant to assist during all
peak parking times (summer and holiday weekends) to assist travelers where necessary to get their
vehicles out of the parking lot. The attendant would remain at the site for at least one-half hour after
the arrival of the last ferry for the evening.
12. The applicant shall secure approval from the NYS Department of Transportation for the
improvements shown on the site plan.
As per Section 100-254 I. of the Site Plan Ordinance of the Zoning Code of the Town of Southold,
the Chairman's endorsement of the site plan will take place after the applicant signs this resolution
placed on the site plan indicating his/her knowledge and acceptance of the conditions of approval.
Please contact this office if you have any questions regarding the above.
Chairman
PLANNING BOARD MEMBEr'
BENNETT ORLOWSK~, JR.
Chairman
WILLIAM J. CREMERS
KENNETH L. EDWARDS
GEORGE RITCHIE LATHAM, JR.
RICHARD CAGGIANO
Town Hall, 53095 State Route 25
P.O. Box 1179
Southold, New York 11971-0959
Fax (631) 765-3136
Telephone (631) 765~1938
PLANNING BOARD OFFICE
TOW3q OF SOUTHOLD
MEMORANDUM
To: Michael Verity, Principal Building Inspector
From: Valerie Scopaz, Town Planner I/,~'
Re: Cross Sound Ferry Site Plan
Date: December 4, 2001
Please review the attached site plan and determine if it may be certified.
For your information, certain elements of the site plan were required by the Board
of Trustees. A copy of their permit will be sent to you under separate cover.
Albert J. Krupski, President
James Kin~¥ice-President
Henry Smith
Artie Foster
Ken Poliwoda
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
Town Hall ~
53095 Route 25
P.O. Box 1179
Southold, New York 11971-0959
Telephone (631) 765-1892
Fax (631) 765-1366
COASTAL EROSION MANAGEMENT PERMIT
Permit #5408
Date: November 8, 2001
SCTM#15-9-15.1
Name of Applicant/Agent: Inter-Science Research Associates, Inc.
Name of Permittee: Cross Sound Ferry Services, Inc.
Address of Permittee: Route 25, Orient, NY 11957
DEC - 6 2001
Southold Town
PJBnnin l BoBrd
Property Located: Route 25, Orient, NY 11957
DESCRIPTION OF ACTIVITY: Proposed re-grading and the application of stone/gravel to the
snack bar parking area, along with proposed installation of curb stops and guard rail fence, for
the installation of low intensity safety lighting, within the snack bar parking area, and for the
installation ora berm southward of the Coastal Erosion Hazard Area line, said berm to be
planted and stabilized with a double row of Rosa Rugosa and a staked snow fence. The location
of the berm shall be as depicted on the revised site plan dated August 29, 2001 and last revised
October 9, 2001; and shall be located at the following coordinates; about 52' south of the CEHA
line at the west boundary of SCTM#15-9-15.1 and about 90' south of the CEHA line at the east
boundary of the aforesaid lot.
SPECIAL CONDITIONS: (applyifmarked)
__ Bluff restoration through a re-vegetation plan is a necessary special condition of this permit.
__ A relocation agreement is attached hereto and is a necessary special condition of this permit.
__ A maintenance agreement is attached with application and is a necessary special condition of
this permit.
2
The berm is to be 4' in height and is to be stabilized with a double row of Rosa Rugosa, and
a staked snow fence.
Albert J. Krupski, Jr.
President, Board of Trustees
AJ1Glms
cc: DEC
Bldg. Dept.
REVISED 12/5/01
Albert J. Krupski, President
James King, Vice-President
Henry Smith
Artie Foster
Ken Poliwoda
Town Hall
53095 Route 25
P.O. Box 1179
Southold, New York 11971-0959
Telephone (631) 765-1892
Fax (631) 765-1366
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
November 8, 2001
Mr. Scott Dobriner
Inter-Science Research Associates, Inc.
P.O. Box 1201
Southampton, NY 11969
CROSS SOUND FERRY SERVICES, INC.
Route 25, Orient
SCTM#15-9-15.1
Dear Mr. Dobriner:
The Board of Town Trustees took the following action during its regular meeting held on
Wednesday, August 29, 2001 regarding the above matter:
WHEREAS, Inter-Science Research Associates, Inc. on behalf of CROSS SOUND FERRY
SERVICES, INC. applied to the Southold Town Trustees for a permit under the provisions of
the Wetland Ordinance of the Town of Southold, application dated August 2, 2001, and,
WHEREAS, said application was referred to the Southold Town Conservation Advisory Council
for their findings and recommendations, and,
WHEREAS, a Public Hearing was held by the Town Trustees with respect to said application on
August 29, 2001, at which time all interested persons were given an opportunity to be heard, and,
WHEREAS, the Board members have personally viewed and are familiar with the premises in
question and the surrounding area, and,
WHEREAS, the Board has considered all the testimony and documentation submitted
concerning this application, and,
WHEREAS, the structure complies with the standards set forth in Chapter 97 of the Southold
Town Code,
WHEREAS, the Board has determined that the project as proposed will not affect the health,
safety and general welfare of the people of the town,
2
NOW THEREFORE BE IT,
RESOLVED, that the Board of Trustees approve the application of CROSS SOUND ]FERRY
SERVICES, INC. for the proposed re-grading and application of stone/gravel to the snack bar
parking area SCTM#1000-15-9-15.1, along with proposed installation of curb stops, guard rail
fence, and low intensity safety lighting, within the snack bar parking area, and for the installation
ora berm southward of the Coastal Erosion Hazard Area line, said berm to be planted and
stabilized with a double row of Rosa Rugosa and a staked snow fence. The location of the berm
shall be as depicted on the revised site plan dated August 29, 2001 and last revised October 9,
2001; and shall be located at the following coordinates; about 52' south of the CEHA line at the
west boundary of SCTM#15-9-15.1 and about 90' south of the CEHA line at the east boundary
of the aforesaid lot.
BE IT FURTHER RESOLVED that this determination should not be considered a determination
made for any other Department or Agency, which may also have an application pending for the
same or similar project.
Permit to construct and complete project will expire two years fi.om the date it is signed. Fees
must be paid, if applicable, and permit issued within six months of the date of this notification.
Two inspections are required and the Trustees are to be notified upon completion of said project.
Fees: None
Very truly yours,
Albert J. Krupski, Jr.
President, Board of Trustees
AJK/lms
DEC
Bldg. Dept.
REVISED 12/05/01
Board Of $outhold 'Town Trustees
SOUTHOLD, NEW YORK
REVISED Dec. 5, 2001
PERMIT NO.. ~.~.~ .i. DATE: ~9.~m~beA..~.,. 200:
Pursuant to the provisions of Chapter 615 of the I.~ws of
the State of New YorE, 1893; and Chapter ~ of the ,L~. ws of the
State of New Yore 1952~ and the Southold ToWn Ord,nance en-
titled ."REGULATING AND THE PLACING OF OBSTRUCTIONS
IN AND ON TOWN WATERS AND PUBLIC LANDS and tm
REMOVAL OF SAND, GRAVEL-OR OTHER MATERIALS FROM
LANDS UNDER TOWN'WATERS;~. and in accordance with the
ResOlution of The B6ard adopted at a meeting held on ...A....u.$.:...~.~.:.
· ZQ?..~.'.., and in consideration of the sum of $....~.~.~.(~ ....... paid by
G~oss Sound Ferry Services, Inc.
of ............. .o.~?~ ..................................... ' .................... N, Y. and. subject to the
Terms and Conditions listed on the reverse side hereof,
of Southold Town. Trustees aufhorlzes and oermJfs fhefollowlng:
all in e* ~,~,~o~SC~se-,s.~,~,~o~0.,o~or~C~~,~senfed in
.the or~g~,,o,,,,u ~phcahon.
IN WITNESS WHEREOF, The said Board of Trustees here-
by causes its Corporate Seal to be eff. ixed, and these p.resents to
be subscribed by ~ majority of the sa,d Board as of th~s date.
Trustees
I N C E
T ER- S C I E N
ENVIRONMENTAL PLANNING AND DEVELOPMENT CONSULTANTS
~Transmittal~
TO:
FROM:
SUBJECT:
ENCLOSURES:
DATE:
Bennett Orlowski, Jr., Chairman
Southold Planning Board
Southold Town Hall
Southold, New York 11971
VIA HAND DELIVERY.
Scott B. Dobriner
Sr. Environmental Planner &
Landscape Architect
Inter-Science Research Associates, Inc.
36 Nugent Street
P.O. Box 1201
Southampton, New York 11969-1201
(631) 283-5958 / (631) 283-5974 fax
Cross Sound Ferry Services - Proposed Site Plan.
(1) Nine Prints of the Proposed Site Plan Last Dated November 15,2001;
(2) One Copy of the Trustee Permit and Resolution.
November 19, 2001.
MESSA GE:
Mr. Orlowski:
As discussed, enclosed please find nine prints of the revised site plan for Cross Sound Ferry serVices, Inc.
(prints last dated November 15, 2001). The site plan has been revised in accordance to town comments. For
your records, I am also enclosing one copy of the recently issued Trustee Permit. With your receipt of these
items, it my understanding that this matter will be up for final approval at your meeting scheduled for
December 10.
Thank you for your cooperation and please call our office if you have any concerns/question about the enclosed
items.
Sincerely,
Scott Dobriner
Sr. Environmental Plarmer and Landscape Architect
COPY: Adam Wronowski
William Esseks, Esq.
I N
T E R - S C I E N
ENV~RONMENrAL PL~S~Sa ~,~ D~LO~'M~Nr CONS~L~S
~ Tran sm ittal~
C
TO:
Bennett Orlowski, Jr., Chairman
Southold Planning Board
Southold Town Hall
53095 State Route 25; P.O. Box 1179
Southold, New York 11971-0959
VIA tL4ND DELIVER E
FROM:
Scott B, Dobriner
Sr. Environmental Planner &
Landscape Architect
Inter-Science Research Associates, Inc.
36 Nugant Street
P.O. Box 1201
Southampton, New York 11969-1201
(631) 283-5958 / (631) 283-5974 fax
SUBJECT:
ENCLOSURES:
DATE:
Site Plan Application of Cross Sound Ferry Services, Inc.
8 Site Plans Last Dated October 9, 2001.
November 8, 2001.
MESSA GE:
Mr. Orlowski:
Southold Town
Enclosed please fred 8 prints of the revised site plan application for Cross Sound Ferry Services, Inc. The revisions
were made in response to comments made by the Town Trustees and the Town Engineer.
With your receipt of these prints, it is our understanding that this matter will be discussed at the Planning Board
Meeting scheduled for December 10, 2001.
I have submitted prints of the enclosed site plan directly to the Town Engineer and the Town Trustees. I have
requested that both the Town Engineer and the Trustees confirm directly to you, prior to December 10, that the
prooosed site plan is consistent with l~rior comments.
With your reciept of these items, it is our understanding that this matter will be up for final approval on December
10. Please call me if I can assist your review. Thank you.
Sincerely,
Scott Dobriner
Sr. Environmental Planner and Landscape Architect
COPY: Adam Wronowski
William Esseks, Esq.
Albert J. Krupski, President
James King, Vice-President
Henry Smith
Artie Foster
Ken Poliwoda
Town Hall ~
53095 Route 25
P.O. Box 1179
Southold, New York 11971-0959
Telephone (631) 765;1892
Fax (631) 765-1366
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
November 8, 2001
Mr. Scott Dobriner
Inter-Science Research Agsociates, Inc.
P.O. Box 1201
Southampton, NY 11969
RE: CROSS SOUND FERRY SERVICES, INC.
Route 25, Orient
SCTM#15-9-15.1
Dear Mr. Dobriner:
The Board of Town Trustees took the following action during its regular meeting held on
Wednesday, August 29, 2001 regarding the above matter:
WHEREAS, Inter-Science Research Associates, Inc. on behalf of CROSS SOUND FERRY
SERVICES, INC. applied to the Southold Town Trustees for a permit under the provisions of
the Wetland Ordinance of the Town of Southold, application dated August 2, 2001, and,
WHEREAS, said application was referred to'the Southold Town Conservation Advisory Council
for their findings and recommendations, and,
WHEREAS, a Public Heating was held by the Town Trustees with respect to said application on
August 29, 2001, at which time all interested persons were given an opportunity to be heard, and,
WHEREAS, the Board members have personally viewed and are familiar with the premises in
question and the surrounding area, and,
WHEREAS, the Board has considered all the testimony and documentation submitted
concerning this application, and,
WHEREAS, the structure complies with the standards set forth in Chapter 97 of the Southold
Town Code,
WHEREAS, the Board has determined that the project as proposed will not affect the health,
safety and general welfare of the people of the town,
NOW THEREFORE BE iT,
RESOLVED, that the Board of Trustees approve the application of CROSS SOUND FERRY
SERVICES, INC. for the proposed re-grading and application of stone/gravel to the snack bar
parking area, proposed installation of curb stops and guard rail fence, and for the installation of
low intensity safety lighting, as depicted on the revised site plan dated August 29, 2001 and last
revised October 9, 2001.
BE IT FURTHER RESOLVED that this determination should not be considered a determination
made for any other Department or Agency, which may also have an application pending for the
same or similar project.
Permit to construct and complete project will expire two years from the date it is signed. Fees
must be paid, if applicable, and permit issued within six months of the date of this notification.
TWo inspections are required and the Trustees are to be notified upon completion of said project.
Fees: None
Very truly yours,
Albert J. Krupski, Jr.
President, Board of Trustees
AJK~s
DEC
Bldg. Dept.
Board Of $outhold 'Town Trustees
SOUTHOLD, NEW YORK
ISSUED TO ........... ~.~....~.~.P...~.~.~..~B.~Y.~.,..Z~.C ......
Pursuant fo f~ p/ovlsions of Chapter 615 of'the ~ws of
the Sta~ of New York, 1893: and ~pter ~ of the ~ of the
State of New York 19521 and ~e ~ho~ To~n O~mance en-
titled ."R~U~TIN~ AND ~E P~CIN~ OF OBSTRUCTIONS
IN AND ON TOWN WATERS AND PUBLIC ~DS a~ t~
RE~OVAL OF SAND, ~VEL' OR O~ER ~ATERIA~ FRO~
~NDS UNDER TOWN'WA~RS;[~ a~ in accmdance ~th the
Resolution of The B6ard adopted at a meeting held on .~.~....~.~ ....
.2~.~.~.:., and ~n consideration of the sum of $.~.:~ .......... ~id by
of 'o~e~t ' .. N. Y. and. subje~ to the
Te~s and Conditions lifted on the revere slde beef,
of Southold Town: T~es a~horizes end perm]~ the f0~w]ng:
afl in accordance with the deta:~d sp~ficahons as ~e~nte~m
~e mlglnafing appllcati~, da~ed A~. 29, 2001 ~nd ]~ ~ev~ed
October 9, ~001.
IN WITNESS WHEREOF, ~e sald B~rd of Trustees ~-
by causes Hs Corporate Seal to ~ at, xed, and the~ p[esen~ to
be subscrlb~ by a 'majori~ of the sa~d ~ard as of this date.
T~?ees
Albert J. I~rupski, President
James King, Vice-President
Henry Smith
Artie Foster
Ken Poliwoda
Town Hall
53095 Route 25
P.O. Box 1179
Southold, New York 11971-0959
Telephone (631) 765-1892
Fax (631) 765-1366
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
COASTAL EROSION MANAGEMENT PERMIT
Permit #5408
Date: November 8, 2001
SCTM#15-9-15.1
Name of Applicant/Agent: Inter-Science Research Associates, Inc.
Name of Permittee: Cross Sound Ferry Services, Inc.
Address of Permittee: Route 25, Orient, NY 11957
Property Located: Route 25, Orient, NY 11957
DESCRIPTION OF ACTIVITY: Proposed re-grading and the application of stone/gravel to the
snack bar parking area, prgposed installation of curb stops and guard rail fence, and for the
installation of low intensity safety lighting, as depicted on the revised site plan dated August 29,
2001 and last revised October 9, 2001.
SPECIAL CONDITIONS: (apply if marked)
__ Bluff restoration through a re-vegetation plan is a necessary special condition of this permit.
__ A relocation agreement is attached hereto and is a necessary special condition of this permit.
A maintenance agreement is attached with application and is a necessary special condition of
~s permit.
Albert J. Kmpski, Jr.
President, Board of Trustees
AJKJlms
JEAN W. COCHRAN
SUPERVISOR
TOWN HALL - 53095 MAIN ROAD
Fax~ (516)-765-1366
JAMES A. RICHTER, R.A.
ENGINEER
TOWN OF SOUTHOLD, NEW YORK 1 I971
Tel.(516)- 765- 1560
OFFICE OF THE ENGINEER
TOWN OF $OUTHOLD
November 8, 2001
Bennett Orlowski, Jr.
Chairman - Planning Board
Town Hall, 53095 Main Road
Southold, New York 11971
Re:
Cross Sound Ferry- Proposed Parking Lot
Review of Drainage Calculations & Construction Specifications
SCTM #: 1000-015-09-(10.1, 11.1 & 15.1)
Dear Mr. Orlowski:
As per your request, I have reviewed the revised site plan (dated October 9, 2001) for
the above referenced project. The drainage calculations and design has been modified to
address the concerns listed in my last report.
The drainage design and the proposed pavement specification as indicated by the
revised plan, meets the minimum requirements of the Town Code.
If you have any questions concerning this report, please contact my office.
Cc:
Albert Krupski
(President- Board of Trustees)
Si
SouthoId Town
Rannlng Board
PLANNING BOARD MEMBERS
BENNETT ORLOWSKI, JR.
Chairman
WILLIAM J. CREMERS
KENNETH L. EDWARDS
GEORGE RITCHIE LATH_AM, JR.
RICHARD CAGGIANO
Town Hall, 53095 State Route 25
P.O. Box 1179
Southold, New York 11971-0959
Telephone (631) 765-1938
Fax (631) 765-3136
PLANNING BOAP, D OFFICE
TOWN OF SOUTHOLD
November 6, 2001
Mr. Richard E. Warren, President
Inter-Science Reseamh Associates, Inc.
P.O. Box 1201
36 Nugent Street
Southampton, NY 11969-'1201
Re: Proposed Site Plan for Cross Sound Ferry
SCTM#1000-15-9-10.1, 11.1 & 15.1
Dear Mr. Warren:
The following took place at a meeting of the Southold Town Planning Board on
Monday, November 5, 2001:
BE IT RESOLVED that the Planning Board hold the hearing for Cross Sound Ferry
open.
The next Planning Board Meeting is scheduled for December 10, 2001, at 6:00 p.m.
Please contact this office if you have any questions regarding the above.
Very truly yours,
Bennett Odowski, Jr.
Chairman
JANE ANN R. KRATZ
JOHN M. WAGNER
CARMELA M. D~ TALIA
ANTHONY C. PASCA
NICA B. STRUNK
ESSEKS, HEFTER & ANGEL
COUNSELORS AT LaW
P. O, Box ~79
RIV[RHEAD~ N.Y. 11~01-0~79
October 3 I, 2001
WATER MILL OFFICE
MONTAUK HIGHWAY
P. O. Box 570
WATer MILL, N.Y. I ~976
(63J) 726-6633
Planning Board
Towa of Southold
Southold Town Hall
53095 Main Road
Southold, NY 11971
Re: Cross Sound Ferry/Town of Southold
Dear Chairman m~d Board Members:
Enclosed please find copy of letter Cross Sound Ferry received from Raytheon
Systems Company after the September 11, 2001 tragedy.
We request that this letter be made part of the record.
Very truly yours,
Wil!.iam W Esseks
/in J
Enclosure
cc/enc.: Francis Yakaboski, Esq.
nt ~y: #~ 8604403492; 0ct-3-01 10:05; Page 2/2
Raytheon
September 25, 2001
I~aytheon $~tems £ompony
Cross Sound Ferry
2 Fermi Street
New London, CT 06320
Dear Sir;,
We would like to express to you our sincere thanks and please pass along our appreciation to your
staff for the outstanding job they all did when we arrived for passage on September 11, 2001,
Upon our arrivaJ at Orient Point around 2:00 PM, we could tell they were starting to bend under [he
intense pressure of events earlier in the day at the World Trade Center.
In spite of the stressful circumstances and heavy volume of ~Jstomers, everyone from the
reservation desk, loaders, trafflo coordinators, to the captain and his mates, no one broke.
We could have used a beer on the 4:30 boat but the ~'~ptain walked the deck and e~plafned that
with the extra ship, there was a shortage of staff to mn the concession and no one complained.
We arrived safely on the mainland and drove through the night, around the clock and arrived back
home in Texas once again safely early Thumday morning.
We never would have made it home if we hadn't successfully gotten ofl Long Island.
I personally hope one day again to ride your ferry under much rnora pleasant and leisurely
circumstances.
William Sterchak
Applications Engineer. Active Devices
Raytheon Electronic Systems
Ptsno, Texas
Sr. MQ Specialist
Raytheon Electronic Systems
Electronic Systems
Plane, Texas
Deputy Manager
Raytheon Electronic Systems
Plane, ~Texas
Raytheon Electronic Systems
El Segunde, California
i
PLANNING BOARD MEMBERS
BENNETT ORLOWSKI, JR.
Chairman
WILLIAM J. CREMERS
KENNETH L. EDWARDS
GEORGE RITCHIE LATHAM, JR.
RICHARD CAGGIANO
Town Hall, 53095 State Route 25
P.O. Box 1179
Southold, New York 11971-0959
Telephone (631) 765-1938
Fax (631) 765-3136
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
October 16, 2001
Mr. Richard E. Warren, President
Inter-Science Research Associates, Inc.
P.O. Box 1201
36 Nugent Street
Southampton, NY 11969-1201
Re: Proposed Site Plan for Cross Sound Ferry
SCTM#1000-15-9-10.1, 11.1 & 15.1
Dear Mr. Warren:
The following took place at a meeting of the Southold Town Planning Board on
Monday, October 15, 2001:
BE IT RESOLVED that the Planning Board hold the hearing for Cross Sound Ferry
open. .,
The next Planning Board Meeting is scheduled for November 5, 2001, at 6:00 p.m.
Please contact this office if you have any questions regarding the above.
Very truly yours,
Bennett Orlowski, Jr.
Chairman
DEPARrr]VlENT OF PLANNING
COUNTY OF SUFFOLK
SUFFOLK COUNTY EXECUTIVE
THOMAS iSLES, AICP
DIRECTOR OF FLANNING
September 14, 2001
Planning Board
Town of Southold
Re:
Site Plan entitled "Cross Sound Ferry" ~ Orient in
the Town of Southold (SD-01-03)
Pursuant to Section 239L & M of the General Municipal Law, the above referenced which
has been submitted to the Suffolk County Planning Commission is considered to be a matter for
local determination.
This determination was set forth with the understanding that premises will be encumbered
by specific mitigation measures in the August 13, 2001 Town of Southold SEQR Negative
Declaration (Determination of Significance) for this project.
NOTE: Does not constitute acceptance of any zoning action(s) associated therewith [before any other
local regulatory board].
Very truly yours,
Thomas Isles
Director of Planning
GGN:cc
S/s Gerald G. Newman
Chief Planner
SUPREME
REnOEST FOR JrJDICL~L INTERVENTION
COURT, ~FOLK
--~J~ ~,~ Pu.c~zo: 9/i2/200i
9tt~191~i~ Petitioners:
Southold Citizens for Safe Roads, Inc.
North Fork Environmental Council, Inc.
Respondent:
planning Board of the Town of Southold
and Cross Sound Ferry Services, Inc.
R.J.L FEE PAIQ
For Clerk
lAS entry dace
Judge Assigned
Date
Date issue joined: N/A Bill of p~rticulars scrod (XfN): [ ]YeS [ ]No
~'~'~i~'~= c~'&~'~ ~ ~' 'i;;;~, , ' .......
[ ] Request for preli~L~a~y conference
[ ] No~e of issue ~nd/er certificate. Of-
read/tess
[ ] Notice of motio~ (retur~date:
Relief sou~
[ ! Or,e= =o show cause
(clerk e~ter =et~xn da~e:
Relief aeu9~c
[ ] Othe£ ex parte-~pplicatio~ (specify:
.)
}
)
[ ] Cmttested
( ] Uncontested
Tax Certiorari
fforeclosure
Condemnation
~andlord/Ten~nc
*Or. her Real Property
-ORP
[] * -~'H
[t~J~Xotice of petition (~retu~t. date:
aelief sought ~nnu~ment of ml~[ng
Boa~ action
[ ] Wo~ice of ~9~1 oz d~=~ ~lpracti~
[ ] Stat*m~.~ of net worth
[ ] Writ of habe&s corpus
[ ) Other (specify:
RECEIVED
[ ] ~ca[/~odiatzic
[ ] De~tal -DM
[ ] *O~hez Professional -oPM
[ I Hotor Vehicle
[ ] 'Products Li~btli%~
~nvirom~e~tal
Asbestos
* Or.3~e= Negligence
[ ] *Other T0£t (including
intentionall
SEP ~ 1 2001
-ZN
-ASB
-BI
-OTN
~aT
-ARTTS
'MHYG
Town Board
Town A tt~ar~new
Pla.nnl..ng Bd
Blog uept
J, Cushman
Roy Reeve Agency
Wm Mullen
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
In the Matter of the Application of
SOUTHOLD CITIZENS FOR SAFE ROADS, INC.
and NORTH FORK ENVIRONMENTAL COUNCIL,
INC.,
Petitioners,
for Judgment pursuant to Article 78 of the Civil
Practice Law and Rules
-against-
PLANNING BOARD OF THE TOWN OF
SOUTHOLD, AND cross 'SOUND FERRY
SERVICES, INC. ,
Responden~
Index No. 01-
NOTICE OF PETITION
FILED
S£P 1 2 2001
· CLERK
To: Planning Board of the Town of Southold
Town Hall
53095 Main Road
P.O. Box 1179
Southold, NY 11971
PLEASE TAKE NOTICE THAT, upon the annexed Petition, duly verified
on the 12th day of September, 2001, the undersigned will move this Court, at the
Supreme Court Building, 235 Griffing Avenue, Riverhead, New York, on the 19th day of
October, 2001, at 9:30 a.m., or as soon thereafter as counsel may be heard, for a
judgment, pursuant to Article 78 of the Civil Practice Law and Rules (1) annulling,
reversing and setting aside an SEQR negative declaration, adopted on August 13, 2001,
by the Respondent Planning Board of the Town of Southold and described in the annexed
Cross Sound Ferry Services, Inc.
2 Ferry Street
P.O. Box 33
New London, Connecticut 06320
P.O. Box 1424
Mattituck, NY 11952
(516) 298-8353
Thomas O. Rafferty
CRAVATH, SWAINE & MOORE
825 Eighth Avenue
New York, NY 10019
(212) 474-1000
Attorneys for Petitioners Southold Citizens for Safe
Roads, Inc. and North Fork Environmental Council,
Inc.
In 1995 Cross Sound Ferry, Inc. (the "Ferry") sought and received
permmsion from the Planning Board to add 69 parking spaces at the Ferry's Orient Point
facility. The Ferry characterized these parking spaces as "employee and long term
parking". Within weeks of receiving approval for that alteration-~approval that did not
involve any environmental review--the Ferry announced the introduction of a high speed,
passenger-only service (the "Passenger Ferry"). This new service involved a boat with a
capacity of several hundred passengers notwithstanding the fact that at the time the Ferry
had authorization for parking less than 100 vehicles at its Orient Point facility.
Confronted with this substantial alteration in the nature and intensity of the
Ferry's operation at Orient Point, in particular the potential parking and traffic impacts of
the Passenger Ferry service capable of transporting several hundred persons per trip, the
Town of Southold and its Planning Board sought to have the Ferry submit a new site plan
reflecting its entire operation at Orient Point, including its new Passenger Fei-ry.
Six years of litigation ensued involving numerous proceedings. In
1996, the Planning Board determined that the Fern's changes in the intensity and nature
of its Orient Point operation, including the parking required for the Passenger Ferry,
involved, a Type I action under SEQRA and required a Positive Declaration. In two
separate Article 78 proceedings, the Ferry challenged both the SEQRA Type I
determination and the Positive Declaration of the Planning Board. Both of the Ferry's
challenges were deemed meritless and the Ferry's petitions were dismissed.
The Ferry also challenged the constitutionality of the Southold Town
Code provisions that required a new site plan where the nature and intensity of usage
More importantly, the Orient Point facility is substantially contiguous
to both the County Park at Orient Point as well as Orient Beach State Park, a National
Natural Landmark. On its face, the Ferry's current proposal involves the development of
3.65 acres which, pursuant to SEQRA § 617.4(b)10, requires a Type I designation.
Moreover, neither the Ferry nor the Planning Board 'have indicated how many parking
spaces will ultimately be involved in this new site plan to support the Passenger Fen~. It
is therefore clearly arbitrary and capricious and an abuse of discretion for the Planning
Board to have designated this an unlisted action since to the extent that more than 250
parking spaces are involved, SEQRA § 617(b)10 would require a Type I designation.
There is no dispute that the peak capacity of the Passenger Ferry is some 2,400 persons
per day from Orient Point, yet the Planning Board has made no effort to determine, and
has given no indication as to how many parking spaces will be necessary to support this
service. During the Planning Board's consideration of this issue, SCSR submitted an
analysis and actual counts of parking at the Orient Point terminal by an independent
traffic consultant which indicted that on July 15, 2001 some 363 cars were being parked
on the facility which had site plan approval for only 71 parking spaces. In view of that
uncontro, verted evidence that the number of parked cars being currently generated by the
Passenger Ferry service greatly exceeded the threshold for a Type I designation, the
Planning Board's determination that this was an unlisted action was arbitrary and
capricious, an abuse of discretion, unsupported by substantial evidence and a failure to
perform its duty as lead agency under SEQRA.
Route 25, the only access road to the Ferry's Orient Point facility, as well as persons who
own property or reside in the immediate vicinity of the Ferry's facility at Orient Point.
SCSR was organized to promote the interests of Southold residents and property owners
in ensuring the safety of Southold's roads, in preserv'mg the quality of life and the value
of property in the community, and in protecting Southold's environmental resources.
SCSR has been an active participant in the proceedings before the Planning Board and a
litigant in a number of the actions related to the subject matter.
3. Petitioner North Fork Environmental Coancil, Inc.
("NFEC") is a New York not-for-profit corporation comprised of approximately 1,000
members and serving the two North Fork towns of Riverhead and Southold since its
incorporation in 1972. Membership in NFEC is open to the public, including residents of
Southold and Riverhead. NFEC works to maintain North Fork as a healthy, livable
environment; to preserve its natural resources; to encourage the use of natural resources
in ways that enhance the environment; to advocate an ecologically sound approach to
regional, environmental planning; to educate the public to act with intelligence in the
interest of the environment; and to recommend and undertake action in government
polices that effect the environment.
FACTUAL AND PROCEDURAL BACKGROUND
I: THE INTRODUCTION OF HIGH-SPEED PASSENGER-ONLY SERVICE WITHOUT
COMPLIANCE WITH STATE AND LOCAL LAW
The Site
permitted with a special exception permit from the Board of Appeals, subject to site plan
approval by the Planning Board.
12. In 1984, the Ferry obtained site plan approval from the
Town of Southold for a vehicular ferry service consisting of three boats and a peak
schedule of twelve trips per day from Orient Point. The destination of the ferry service
was and is New London, Connecticut.
13. Upon information and belief, the 1984 site plan included
seven parking spaces on the Ticket Office Lot. Because the Ferry's operation involved
vehicle transport, the Planning Board concluded, at that time, that there was no need to
provide for any additional vehicle parking at the terminal.
The Ferry Announces Unauthorized High-Speed, Passenger-Only Service without
Obtaining Site Plan Approval
14~ In 1995, the Ferry applied to add 69 parking spaces, located on the
Parking Lot, to the 1984 site plan.
15. Upon information and belief, at the time of its application for these
additional spaces, the Ferry represented to the Planning Board that the parking spaces
were being added to accommodate long-term and employee parking. At that time, Ferry
never advised the Planning Board of any proposed change in the nature or intensity of the
ferry service at Orient Point,
16. Upon information and belief, in early June 1995, the Planning
Board approved the Ferry's application for those 69 additional parking spaces. At the
time the Planning Board approved those 69 additional parking spaces it was unaware that
19. Upon information and belief on June 27, 1995, Supervisor '
Wickham notified Mr. MacMurray that he believed that he had been misled as to Ferry's
intentions with respect to the passenger-only ferry service.
20. Upon information and belief on July 13, 1995, Supervisor
Wickham again met with Mr. MacMurray. At this time, Supervisor Wickham informed
Mr. MacMurray that the Town of Southold required the Ferry to submit a revised site
plan and obtain approval of that site plan before the Ferry could commence its high-
speed, passenger-only service. Mr. MacMurray would not agree to suspend the
introduction of the Ferry's new service until revised site plan approval was obtained.
21. On July 14, 1995, the Planning Board met and determined that the
proposed addition of high-speed, passenger-only service by the Ferry constituted a
significant change in the nature and intensity of CSF's operation at Orient Point, and
therefore, the Board resolved that CSF was required to apply for and receive site plan
approvalprior to implementing the new ferry service.
22. Upon information and belief the Planning Board's resolution was
based upon its conclusion that the introduction of a passenger-only ferry service
constitu[ed a significant change in the nature of the Ferry's use of its facility which, at the
time, involved a vehicle ferry service only. The Ferry's site, which is located in a
designated critical environmental area, was never designed to accommodate the parking
and traffic demands that would invariably be created by a passenger-only ferry service.
The Board further determined that the change in the nature of the ferry service was
significant regardless of the number of daily passenger-only trips offered.
II: THE TOWN'S ABORTIVE ATTEMPTS TO FORCE THE FERRY TO COMPLY WITH
STATE AND LOCAL LAW
The Ferry's 1996 Site Plans
27. For nearly nine months following this Court's decision of July 18,
1995, the Ferry did not submit the site plan requested by the Planning Board and
required by § 100-250 of the Town Code. Nor did the Ferny complete an Environmental
Assessment Form as required by § 617.6 of SEQRA during this time.
28, On April 11, 1996, the Ferry fmally submitted what it
characterized as a "preliminary site plan" application. The Ferry's April 11, 1996 site
plan application did not address the effect of the high-speed passenger-only ferry service.
The application also did not address the Ferry's non-conforming use of the Snack Bar
Lot. Indeed, the Ferry's application specifically reserved its stated position that both this
Court and the Town lacked the authority to compel the Ferry to comply with existing
state and local laws. The Ferry's reservation also purported to legitimize--and thereby
exempt from reviews-its ongoing non-conforming use of the Orient Point facility.
Specifically, the Ferry purported to reserve its right to operate the passenger-only ferry
and to continue to use the Snack Bar Lot for ad-hoc parking.
29. On or about May 13, 1996, the Ferry resumed its operation of the
high-speed, passenger-only service for a second season. That service was resumed
without the Ferry having obtained site plan approval as required by § 100-253 of the
Southold Town Code and without having complied with the provisions of SEQRA. In
addition, the Ferry appeared to have physically altered the Trust Parcel Lot in connection
The Planning Board did not accept the site plan, but advised the Ferry to submit a
comprehensive site plan.
34. At the next Planning Board meeting on July 29, 1996, the Ferry
submitted three documents. The first document was the same proposed site plan that was
previously rejected by the Planning Board as incomplete. The second document was an
"as is" site plan that did not indicate the nature and extent of the Ferry's proposed
changes. The third document was a "concept drawing" which the Ferry did not and could
not represent to be a site plan because it involved use and alteration of property not
owned or controlled by the Ferry, including a state right-of-way that provides the only
access to the public beach.
35. Follow'rog this meeting, the Planning Board accepted, for purposes
of SEQRA review, the very same site plan that it had previously rejected as too limited,
and undertook to circulate all three documents to the relevant authorities. In response to
the public's objections at that meeting, the Board represented that any shortcomings in
the Ferry's proposed site plan would be resolved as part of the SEQRA review.
The Plonning Board Issues a SEQRA Positive Declaration and Requires the Ferry
to Prepare an Environmental Impact Statement
36. On September 16, 1996, the Planning Board issued a State
Environmental Quality Review Act Positive Declaration classifying the Ferry's revised
site plan application as a "Type 1" action. A Type I classification carries with it the
presumption that it is likely to have a significant adverse impact on the environment.
(ix) "The project involves multiple agency jurisdictions and permits,
and the comprehensive review of potential impacts would be
facilitated through the preparation of a Draft EIS."
(x) "Impact of passenger only jet boats on marine environment."
3 8. Pursuant to the provisions of SEQRA, the Positive Declaration
issued by the Planning Board required that an Environmental Impact Statement ("EIS")
be prepared to analyze the environmental effects of the Ferry's proposed and ongoing
operations at Orient Point and to determine whether and how such effects can be
minimized.
The Ferry Sues to Challenge the Planning Board's SEQRA Positive Declaration
(Cross Sound I1)
39. Rather than continue the administrative review that it had
previously urged this Court not to disturb, the Ferry filed an Article 78 proceeding
against the Town on. October 16, 1996. (Cross Sound Ferry Services, Inc. v. Planning
Board of the Town of Southold, No. 96-26389.) ("Cross Sound If').
40. The Ferry's petition in Cross Sound II sought the annulment of the
Positive Declaration on three grounds: (i) the Ferry disputed the Planning Board's
conclusion that SEQRA required the environmental impact of the Ferry's expansion and
intensification of use be conducted in a non-segmented manner (i.e., that the review
consider the entirety of the Ferry's operation, including the high-speed service, rather
than only the proposed conversion of the Trust Parcel Lot into a parking facility); (ii) the
Ferry maintained that it was wholly or partially exempt from the application of local
police power and state environmental law by virtue of its status as an interstate water-
Cross Sound III reiterated its contention that this Court and the Town of Southold lack
the authority to regulate its actions at Orient Point.
45. On February 10, 1997, SCSR moved to intervene in Cross Sound
III. Supreme Court (Hon. John J. Dunn) granted SCSR's intervention motion on
September 11, 1997.
46. Upon information and belief beginning on or about May 1, 1997,
the Ferry resumed operation of its high-speed, passenger-only service for a third
consecutive season. The operation of that service was in violation of state and local
enviroumenfal law as well as local zoning law. CSF also continued its non-conforming
use of the Snack Bar Lot.
47. On April 29, 1997, counsel for the Ferry, William W. Esseks,
requested an adjournment of the Ferry's two Article 78 proceedings against the Town
(Cross SoundlIand II1) until the fall of 1997. Despite SCSR's opposition, on May 8,
1997, counsel for the Town, Francis J. Yakaboski, wrote to this Court confirming that he
had, in fact, agreed with Mr. Esseks to adjourn the Ferry's Article 78 petitions in Cross
Sound II and III until the fall of 1997.
48. In the fall of 1997, the Ferry sued the Town yet again in an action
entitled Cross Sound Ferry Services, Inc. v. Town of Southold, Index No. 97-24900
("Cross Sound II,"'). In this action, the Ferry challenged the constitutionality of those
provisions of the Town Code that require it to obtain site plan approval.
49. The Ferry's petition in Cross Sound II challenging the Planning
Board's Positive Declaration and requirement of an EIS were dismissed by Supreme
plans for introducing such service. As a result, both the Planning Board's review and
approval of the Ferry's request was improperly divorced from the context of that request,
in violation of SEQRA.
54. The Fen'y's July 29, 1996, site plan submissions purported to cover
existing and ongoing operations at the Orient Point site and included four parcels of land:
the Terminal Lot, the Parking Lot, the Snack Bar Lot and the Trust Parcel Lot. These site
plan submissions were correctly classified by the Board as a SEQRA Type I action
presumptively requiring full environmental review. After further consideration of these
submissions, the Planning Board issued a Positive Declaration and required a full EIS
from the Ferry.
55. Having seen all of its legal challenges to the Planning Board's
treatment of the Ferry's July 29, 1996, submissions dismissed, the Ferry did not submit
an EIS as required by SEQRA.
56. Instead, the Ferry submitted yet another site plan application. This
2000 application differed from the Ferry's 1996 submissions principally in that it
purported to exclude the Trust Parcel Lot from the Ferry's site plans. The 2000 site plan
applieatign again sought approval for the Ferry's "existing and ongoing" operations at
Orient Point while couching the Ferry's application as a routine request for additional
parking spaces.
57. The Ferry's 2000 site plan application sought approval for existing
and ongoing operations with 3.65 acres of "project acreage to be developed."
Furthermore, even though the 2000 application contravened the express direction of
"attached narrative" that does not contain any answers to the question of how any parking
spaces are involved.
61. Information concerning the number of existing and proposed
parking spaces remained absent from all subsequent revisions to the Ferry's site plan
application, including the "revised site plan application" dated June 2001 on the basis of
which the Planning Board issued a negative declaration. Part 1, B(1)(0 of the
Environmental Assessment Form attached to that application simply contained the
notation "*Refer to Traffic and Parking section of EAF Addendum". That addendum
contains no information on the number of existing and proposed off-street parking
spaces.
The Planning Board Fails to Follow SEQRA and Misclassifies the Ferry's 2000 Site
Plan Application
62. Despite the incompleteness of the Ferry's 2000 site plan
application, the Planning Board accepted this application. In doing so, it reversed the
positions it had taken with respect to the Ferry's earlier submissions and throughout the
ensuing litigation.
63. The Planning Board accepted the Ferry's 2000 site plan application
even though it improperly sought segmented review--that is, atomized and piecemeal
review of the effects of the Ferry's high-speed, passenger-only service, rather than a
comprehensive and unified review--in violation of the clear intent and directives of
SEQRA.
unauthorized operations at Orient Point and the Town's attempt's to force the Ferry to
comply with state and local law, the letter pointed out that the application and
coordination letter being circulated by the Planning Board were seriously deficient
because they improperly segmented review of the Ferry's activities at Orient Point,
because they were incomplete on its face, and because the Ferry's request had been
misclassified as an "unlisted" SEQRA action when the governing regulations mandated
that it be a "Type I" SEQRA action.
The Planning Board Disregards SEQRA and Issues a Negative Declaration
Concerning the Ferry's 2000 Application
68. After accepting the Ferry's incomplete site plan application,
misclassifying it as an "unlisted" rather than "Type I" SEQRA action, and circulating the
misclassified and incomplete application, the Planning Board, on August 13, 2001, issued
a negative declaration. The negative declaration meant that the Planning Board would
require no detailed environmental review of the intensification and change of use of the
ferry terminal site resulting from the introduction of high-speed, passenger-only service.
69. The Planning Board made this decision despite the fact that SCSR
had informed it that that the underlying site plan application was incomplete and
misclassified, and that it improperly sought to segment review of the Ferry's Orient Point
operations.
70. The Planning Board made this decision despite the fact that, in a
letter dated August 10 to Bennet Orlowski, chairman of the Planning Bard, SCSR pointed
out that each of the ten reasons that led it to issue a Positive Declaration in response to
Furthermore, despite the Ferry's commencement of physical alterations without
compliance with the provisions of SEQR, the Planning Board is now disregarding that
fact and is allowing the Ferry purportedly to obtain approval for "existing and on-going
operations", even though those existing and ongoing operations were commenced and are
continuing in violation of state and local law.
75. 6 NYCRR § 617.6(a)(iv) provides in pertinent part that an agency
subject to SEQRA must "make a preliminary classification of an action as Type I or
Unlisted, using the information available and comparing it with the thresholds set forth in
section 617.4 of this Part." 6 NYCRR § 617.4(a) further provides that "The purpose of
the list of Type I actions in this section is to identify, for agencies, project sponsors and
the public, those actions and projects that are more likely to require the preparation of an
EIS than Unlisted actions. All agencies are subject to this Type I list." As set forth
above, the Planning Board did not follow 6 NYCRR §§ 617.4Co)(6)(i), 617.4(b)(6)(iii),
and 617.4(b)(10), misclassified the Ferry's site plan application as an unlisted action, and
circulated the misclassified application to other state and local agencies.
76. 6 NYCRR § 617.3(g) provides: "Actions commonly consist of a
set of activities or steps. The entire set of activities or steps must be considered the
action, whether the agency decision-making relates to the action as a whole or only a part
of it." 6 NYCRR § 617.3(g)(1) further provides: "Considering only a part or segment of
an action is contrary to the intent of SEQR. If a lead agency believes that circumstances
warrant a segmented review, it must clearly state in its determination of significance, and
any subsequent EIS, the supporting reasons and must demonstrate that such review is
RELIEF
PRAYER FOR
WHEREFORE, Petitioner respectfully prays that this Court enter
an order directing the Planning Board to enforce the provisions of the Zoning Code of
the Town of Southold and SEQRA by:
(a) enforcing the mandatory provisions of §§ 100-250, 100-253 and
100-285 of the Code of the Town of Southold;
(c) enforcing the mandatory provisions of SEQRA and the
Environmental Quality Review Law of the Town of Southold.
Petitioner also respectfully prays that this Court enter an order
annulling, reversing and setting aside any unlawful approval of the Ferry's operation of
the high-speed passenger-only ferry and physical alteration of the Ferry's site at Orient
Point by the Planning Board and enjoining the Planning Board from further approval or
authorization of such activities unless and until:
(a) the Ferry submits a comprehensive site plan application
addressing, in a non-segmented manner, all of the changes it has made and proposes to
make to the site and the use of the site since the 1984 site plan was approved;
(b) the Planning Board follows SEQRA by requiring a comprehensive,
non-segmented site plan from the Ferry, by correctly classifying the Ferry's site plan
application as a Type I action presumptively requiring full environmental review, and by
circulating a complete and correctly classified site plan application to all other state and
local agencies that may have jurisdiction over the Ferry's activities at the site;
STATE OF NEW YORK
COUNTY OF SUFFOLK
)
) SS.:
)
HOWARD ME1NKE, being duly sworn, deposes and says:
1. I am president of North Fork Environmental Council, Inc. I reside at
Broadwaters Road, Nassau Point, New York,
2. I make this verification pursuant to CPLR § 3020(d).
3. The foregoing Petition is tree to my own knowledge, except as to matters
therein stated on information and belief and as to those matters I believe them to be tree.
Sworn to before me this
12th day of September, 2001
Quettfied in Suffolk
TOWN OF SOUTHOLD
SEQR NEGATIVE DECLARATION
Determination of Significance'
Notice of Determination of Non-Significance
Lead Agency:
Town of Southold
Planning Board
Contact:
Bennett Orlowski, Chairman
Town of Southold planning Board
Address:
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, NY 11971
Date: August 13, 2001
This notice is issued pursuant to 6 NYCRR Part 617 of the implementing regu~a~tions portahfing to
Article 8 (State Environmental Quality Review - SEQR) of the Environmental C01/servation Law and
Chapter 44 of the Town Code of the Town of Southold.
The lead agency h~ determined that the proposed action described below will not have a significant
effect on the environment. This determination provides a detailed description of the proposed project
and outlines the considerations of the Board in making this determination:
Title of Action:
Cross Sound Ferry Services, Inc.
SEQR Status:
Unlisted Action
Location:
The site lies in the Hamlet of Orient at Orient Point, coincident with
the termination of NYS Route 25. The site consists of three parcels,
all zoned Marine II (Mil) zoning and in current active use as a ferry
terminal f6r Cross Sound Ferry Services, Inc. The subject of the
application is the 1.46 acre Snack Bar parcel.
SCTM No.:
1000-15-9-15.1
Brief Description of the Proposed Action:
Cross Sound Ferry operates a ferry terminal with car-carrying vessels and walk-on passenger
services between Orient Point, New York and New London, Connecticut. The ferry route provides
Determination of Significance
Cross Sound Ferry Services, Inc., Site Plan Approval, Southold
Page 3 of 7
Determination of Significance
Cross Sound Ferry Services, Inc., Site Plan Approval, Southold
these operations such that air quality, groundwater or surface water quality, traffic, noise levels,
solid waste production, or flooding, erosion, leaching or drainage problems will occur. Review
of the Environmental Assessment Form Part l finds that there is no change in the site coverages
between existing and proposed conditions. No sign~ficant physical alternation of the subject site
is planned as a function of the proposed project. The FAF Addendum contains an assessment of
natural resources with analysis of their relationship to the project site, the existing operation
and the proposed site conditions. The following resources were evaluated: surface
soils/topography, groundwater, surface water, drainage, vegetation, wildlife and wetlands. In all
cases, the proposed project was not expected to cause a significant change or adverse impact
with respect to these resources. The applicant qubmitied traffic analysis with documentation that
the ferry was only one of several sources of traffic in Orient Point, and adequate gaps and
transportation system operations wouM be maintained
b. The removal or destruction of large quantifies of vegotation or fauna; substantial interference with
the movement of any resident or migratory fish or wildlife species; impacts on a significant habitat
area; substantial adverse impacts on a threatened or endangered species of animal or plant, or the
habitat of such a species; or other si~nificant adverse impact to natural resources.
As noted, the EdF Addendum contains an assessment of natural resources which included an
evaluation of vegetation, wildlife and wetland resources. This evaluation identified floral and
faunal species associated with the site, and concluded that "due to the lack of overall existing
on-site habitat, the proposed site plan should not result in an increase in negative impact to the
· inventoried wiMlife". In addition, the proposed site plan improvements will add overall site
landscaping and a landscape buffer and guard rail around the perimeter .of the parMng/use
area; this will provide additional habitat and will protect buffer plantings and non-use areas
from encroachment.
c. The impairment of tho environmental, characteristics of a Critical Environmental Area as
designated pursuant to subdivision 617.14(g).
The E. AF Addendum indicates that the subject site is within a Critical Environmental Area (CEd)
and further evaluates the rela#onship of this designation to the current operation and the
proposed site plan. The analysis concludes that "Since no physical modifications to the site are
belng proposed which will affect the quality of the off-site CEA land, the implementation of the
proposed site plan should not result in adverse changes to the County-owned CFA land.
Furthermore, the on-site CEA land located along the coastline will continue to function as a
buffer andremain an important safeguard against any threat to the Bay '.
d. The creation of a material conflict with a community's currant plans or goals as officially approved
or adopted.
The proposed project has been evaluated in terms of land use, zoning, and land use plans that
establish a community's plans and goals. The project is not in conflict with adjacent land use as
land to the north ts separated from the project by the existing State highway and includes County
open space land, one occupied medium density residential lot, and a utility parcel. To the east is
one vacant residential lot controlled by Cross Sound Ferry beyond which is other privately
owned land, to the west is the balance of the Cross Sound Ferry site, beyond which is a
transportation use associated with the Plum Island Ferry Terminal and parlgng areas, and to the
south is the Trustee owned beach and underwater land which the ferry relies on for marine
Page 5 of 7
Determination of Significance
Cross Sound Ferry Services, Inc., Site Plan Approval, Southold
There is no action proposed in connecaon with this project or project site that wouM attract a
large number of people for more than a few days. Cross Sound Ferry makes every effort to
support the needs of passengers and visitors using the facility for generally short time durations
of several minutes to a day. Activities invol~ng short-term (daily or overnight) parking will be
accommodated by parking attendants and advance planning to serve the needs of passengers.
j. The creation of a material demand for other actions that would result in one of the above
~onsoquone~s.
The proposed project will not create a material demand for other actions that would exacerbate
or create other impacts.
Changes in two or moro elements of tho environment, no one of which has a sj~o~nificent impact on
the environment, but when considered together result in a substantial adverse impact on the
environment.
The proposed project involves not significant physical site alteration, and therefore will not
result in combined environmental effect.
Two or more related actions un~en, funded or approved by an agency, none of which has or
would have a significant impact on the environment, but when considered cumulatively would racet
one or moi'e of the criteria.
There are no other pending projects in the vicinity of the project site which when considered
cumulatively with the proposed project wouM result tn significant adverse environmental
impacts.
3. The project sponsor has offered a number of site design features and operational improvements which
will assist in ensuring that tho proposed site plan and facility operations will not result in a significant
adverse environmental impact.
Summary of Mitigation Inherent in the Project'
The Applicant has provided mitigation through project design and operational modifications.
Project design features intended by the applicant which shall be shown on the site plan prior to
approval are noted as follows:
· Installation of curb stops along the northern, western and southern borders of the Snack Bar
Parcel;
· Installation of a wooden or metal guard rail along the length of the enstem border of the Snack Bar
Parcel;
· Grade the parking surface to eliminate depressions and apply stone/gravel to the surface (it is
noted that any regulated action within 100 feet of Trustees designated wetlands will require
approval of the Town Trustees);
· Enhancement of existing vegetative buffers adjacent to the parking areas on the Snack Bar Parcel;
· Install low intensity safety lighting for pedestrian safety during evening hours of operation; and
Page 7 of 7
Determination of Significance
Cross Sound Ferry Services, Inc~, Site Plan Approval, Southold
For Further Information Contact:
Bennett Oflowski, Chairman
Town of Southold Planning Board
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, NY 11971
Telephone: (516) 765-1938
Copies of this Notice Sent to:
Commissioner, NYSDEC
NYSDEC, Regional Office at Stony Brook
Town of Southold Supervisor's Office
Town Clerk of the Town of Southold
Town of Southold Secretary to the Planning Board
Town of Southold Zoning Board of Appeals
Suffolk County Planning Commission
Suffolk County Department of Public Works
Suffolk County Department of Health Services
New York State Department of Transportation
Involved Agencies
Citizens for Safe Roads
Parties of Interest
Attorney for Applicant
Applicant
Page9 of 7
PLANNING BOARD MEMBERS
BENNETT ORLOWSKI, JR.
Chairman
WILLIAM J. CREMERS
KENNETH L. EDWARDS
GEORGE RITCI-IIE LATHAM, JR.
RICHARD CAGGIANO
Town Hall, 53095 State Route 25
P.O. Box 1179
Southold, New York 11971-0959
Telephone (631) 765-1938
Fax (631) 765-3136
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
September 11,2001
Mr. Richard E. Warren, President
Inter-Science Research Associates, Inc.
P.O. Box 1201
36 Nugent Street
Southampton, NY 11969-1201
Re: Proposed Site Plan for Cross Sound Ferry
SCTM#1000-15-9-10.1, 11.1 & 15.1
Dear Mr. Warren:
The following took place at a meeting of the Southold Town Planning Board on
Monday, September 10, 2001:
BE IT RESOLVED that the Planning Board hold the hearing for Cross Sound Ferry
open.
The next Planning Board Meeting is scheduled for October 15, 2001, at 6:00 p.m.
Please contact this office if you have any questions regarding the above.
Very truly yours,
Bennett Orlowski, Jr.
Chairman
PLANNING BOARD MEMBERS
BENNETT ORLOWSKI, JR.
Cha/rman
WILLIAM J. CREMERS
KENNETH L. EDWARDS
GEORGE RITCHIE LATHAM, JR.
RICHARD CAGGLa-N O
Town Halt, 53095 State Route 25
P.O. Box 1179
Southold, New York 11971-0959
Telephone (631) 765-1938
Fax (631) 765-3136
September 7, 2001
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
Suffolk County Planning Commission
220 Rabro Drive
P.O. Box 6100
Hauppauge, NY 11788-0099
Attention: Gerald Newman, Chief Planner
Gentlemen:
Pursuant to Section A14-24, Suffolk County Administrative Code, the Southold Town
Planning Board hereby refers the following proposed subdivision to the Suffolk County
Planning Commission:
Map of: Cross Sound Ferry Hamlet/Locality: Orient/Southold
S.C.D.P.W. Topo No.: Zoning: M II
S.C. Tax Map No.: 1000-15-9-10.1.11.1 & 15.1
Major Sub.~ Minor Sub.. Site Plan X Cluster Lot Line Change
MATERIAL SUBMITTED:
Preliminary Plat (3 copies).~ Road Profiles (1) Drainage Plans (1)
Topographical Map (1) Site Plan (1)__X__ Grading Plan (1)
Other materials (specify and give number of copies):
1 copy of proposed site plan submitted to Board of Trustees for CEHA Permit.
Waiver of Subdivision Requirements - See attached sheet __NA__
Page 2
Southold Town Planning Board Referral
Referral Criteria:
SEQRA STATUS:
1. The project is an (X) Unlisted Action ( Type I Action
( Type II Action
2. A
( X ) Negative Declaration
( ) Positive Declaration
( ) Determination of Non-significance
has been adopted by the Planning Board.
3. E.I.S. statement enclosed. ( ) Yes
(X) No
4. The proposed division has received approval from the Suffolk County Department
of Health. ( )Yes (X)No
Comments: The enclosed site plan does not include all the mitigation measures
discussed in the Negative Declaration. The Planning Board is waiting for submission of
a revised plan. Also attached is portion of Cross Sound's proposal to pull the snack bar
parking area landward 21', as per request of Board of Trustees.
We request acknowledgement of receipt of this referral
Referral received
Commission and assigned File No.
Very truly yours,
Bennett Odowski, Jr.
Chairman
(X) Yes
( ) No
2001 by the Suffolk County Planning
PLANNING BOARD MEMBERS
BENNETT ORLOWSKI, JR.
Chairman
WILLIAM J. CREMERS
KENNETH L. EDWARDS
GEORGE RITCHIE LATHAM, JR.
RICHARD CAGGIANO
Town Hail, 53095 State Route 25
P.O. Box 1179
Southold, New York 11971-0959
Telephone (631) 765-1935
Fax (631) 765-3136
August 14, 2001
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
Mr. Richard E. Warren, President
Inter-Sdence Research Associates, Inc.
P.O. Box 1201
36 Nugent Street
Southampton, NY 11969-1201
ge~
Proposed Site Plan for Cross Sound Ferry
SCTM#1000-15-9-10.1, 11.1 & 15.1
Dear Mr. Warren:
The following took place at a meeting of the Southold Town Planning Board on Monday, August .
13, 2001:
The final public heating was held open. The next Planning Board Meeting is scheduled for
September 10, 2001, at 6:00 p.m.
WHEREAS, the Town of Southold Planning Board received a Revised Site Plan Application
from Cross Sound Perry Services, Inc. on September 8, 2000, and
WHEREAS, the overall project site is a 4.06 acre tract of land which lies in the Hamlet of
Orient at Orient Point, coincident with the termination of NYS Route 25, consisting of
three parcels, all zoned Marine II (MII) zoning and in current active use as a ferry
terminal for Cross Sound Ferry Services, Inc., and
WHEREAS, Cross Sound Ferry Services, Inc. requests site plan approval from the Southold
Town Planning Board for facility improvements on the eastern parcel referred to as the
Snack Bar parcel, identified as Suffolk County Tax Map Number 1000-15-9-15.1, and
consisting of approximately 1.46 acres, and
WHEREAS, the proposed application is determined to be an Unlisted Action under the State
Environmental Quality Review Act (SEQRA) 6 NYCRR Part 617.2 (ak) and 617.4, and
WIIE~REAS, the Town of Southold Planning Board has reviewed the following materials and
conducted the following reviews in connection with the proposed project to fully
SEQRA Resolution
Cross Sound Ferry Services, Inc.
Page 1 of 2
understand the site plan application and the changes and potential impacts which may
result from the proposed project:
1. the proposed site plan,
2. a Part I Environmental Assessment Form (EAF), Traffic Assessment of Existing
Cross Sound Ferry Services (updated March 1999, prepared by Dunn Engineering
Services),
3. preparation of a Part H Environmental Assessment Form,
4. Traffic Impact Study for Proposed Cross Sound Ferry Parking Lot Expansion
(September 1997; prepared by Dunn Engineering Associates),
5. Addendum and Full Environmental Assessment Form for the Revised Site Plan
Application for Cross Sound Ferry Services, Inc. (May 1999; prepared by Inter-
Science Research Associates, Inc.),
6. Environmental Assessment Form Part III, prepared by Nelson, Pope & Voorhis, LLC,
dated June, 2001, including the traffic impact assessment memorandum dated June 7,
2001,
· 7. traffic data, information and input from the New York State Department of
Transportation (NYSDOT),
8. independent site inspection,
9. testimony provided at public hearings on the project.
WItEREAS, based upon this thorough review, the Planning Board did not identify any
significant adverse environmental impacts in connection with the proposed project, and
have further documented the reasons supporting this finding in a separate document
identified as a Town of Southold, Determination of Significance, for this action.
NOW, TItEREFORE BE IT RESOLVED, that the Planning Board hereby re-affirms lead
agency status in review of the subject application, and
BE IT FURTItl*~R RESOLVED, that the Planning Board hereby rescinds any prior SEQRA
Determinations of Significance which may have pertained to the project site, as related to
prior site plan submissions, and
BE IT FURTHER RESOLVED, that the Planning Board hereby adopts a Negative Declaration
for the subject application, as outlined in the 7 page Negative Declaration, Determination
of Significance dated August 13, 2001 setting forth the reasons for the determination.
Enclosed is a copy of the Negative Declaration for your records.
If you have any questions, please contact this office.
Very truly yours,
Bennett Orlowski, Jr.
Chairman
SEQRA Resolution
Cross Sound Ferry Services, Inc.
Page 2 of 2
TOWN OF SOUTHOLD
SEQR NEGATIVE DECLARATION
Determination of Significance
Notice of Determination of Non-Significance
Lead Agency:
Town of Southold
Planning Board.
Contact:
Bennett Orlowski, Chairman
Town of Southold Planning Board
Address:
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, NY 11971
Date: August 13, 2001
This notice is issued pursuant to 6 NYCRR Part 617 of the implementing regulations pertaining to
Article 8 (State Environmental Quality Review - SEQR) of the Environmental Conservation Law and
Chapter 44 of the Town Code of the Town of Southold.
The lead agency has determined that the proposed action described below WIll not have a significant
effect on the environment This determination provides a detailed description of the proposed project
and outlines the considerations of the Board in making this determination:
Title of Action:
Cross Sound Ferry Services, Inc.
SEQR Status:
Unlisted Action
Loca~on:
Thc site lies in the Hamlet of Orient at Orient Point, coincident with
the termination of NYS Route 25. The site consists of three parcels,
all zoned Marine II (MII) zoning end in enrrent active use as a ferry
terminal for Cross Sound Ferry Services, Inc. The subject of the
application is the 1.46 acr~ Snack Bar parcel.
SCTM No. :
1000-15-9-15.1
Brief Description of the Proposed Action:
Cross Sound Ferry operates a ferry terminal with car-caixying vessels and walk-on passenger
services between Orient Point, New York and New London, Connecticut. The ferry route provides
Determination of Significance
Cross Sound Ferry Services, ][ne., Site Plan Approval, $outhold
an important inter-state transportation connection and assists in providing an alternative
transportation connection to and from Long Island.
In response to customer needs, and to provide additional walk-on passenger capacity and improved
service, Cross Sound Ferry added a high-speed, passenger-only ferry service in the mid-1990's.
Cross Sound Ferry currently operates this high speed passenger only ferry from the Orient Point
Terminal, providing ennnectiun to New London which serves as a link to the Foxwoods Casino in.
Connecticut and other passenger-only destinations. This service involves scheduled daily
departures and m-rivals and necessitates the sho~ term parking of ears for the walk-on passengers
which use this service. Over the past several years, the use of this service has stabilized, and the
operation of this service is considered in the traffic evaluations, parking needs, and site
plan/operation improvements plan proposed by Cross Sound Ferry and under consideration by the
Planning Board.
Cross Sound Ferry Services, Inc~ requests site plan approval from the Southold Town planning
Board for the existing and on-going operations currently ocearring on the proj~-'t site. In additiun,
the proposed action includes facility improvements on the eastern parcel referred to as the Snack
Bar parcel, as well as operational improvements to the parcel referred to as the Terminal Parcel
(west of the terminus of NYS Route 25).
Those improvements which are design oriented, are incorporated into the site plan as follows:
· Continue Existing Parking on the Snack Bar Parcel: The applicant hah used the Snack
Bar Parcel for terminal parking and will continue to do so;
Proposed Improvement of Vegetative Buffer: Cross Sound Ferry has prepared and
submitted a planting plan to enhance and augment the existing vegetative buffer around the
perimeter of the Snack Bar Parcel and provide a natural buffer planting area east of the
Snack Bar ParCel;
Proposed Re-Grading and Application of Stone~Gravel to Snack Bar Parking Area: To
eliminate the ponding of water durin~ significant rainfall and reduce the number of existing
potholes, the Snack Bar parking surface will be re-graded and surfaced with clean
stone/gravel (these improvements will improve customer safe~y and drainage facilities);
Proposed Installation of Curb Stops and Guard Rail Fence: Cross Sound will install
segments of curb stops and guard rail fence around the perimeter of the gravel parking
surface. The curb stops and guard rail fence will function to delineate the overall parking
area, and protect the proposed plantings from encroachment by vehicles;
Proposedlnstallation of Low lntensity Safety Lighting: For the safety oftheir travelers,
Cross Sound will install low intensity safety lighting on the east boundary of the Snack
Bar parking area. All such lighting will be operated by a timer, allowing the lights to
automatically shut off after the prescribed period (i.e. one-half hour a~er the arrival of the
last ferry for each business day); and
Proposed Cross Walk: For traveler (pedestrian) safety, a cross walk is proposed to be
painted across Route 25, between the Snack Bar parcel and the Terminal Parcel (parcel
west of Route 25 terminus).
Page2 of 7
Determination of Significance
Cross Sound Ferry Services, Inc., Site Plan Approval, Southold
Page 3 of 7
Determination of Significance
Cross Sound Ferry Services, Inc., Site Plan Approval, Southold
Reasons Supporting This Determination:
The site has been evaluated in aecordunce with the Criteria for Determining Significance as contained
in SEQRA 6NYCRR Part 617.7 (c). The proposed action has been evaluated through review of the
following materials:
· the proposed site plan,
· a Part I Environmental Assessment Form (EAF), Traffic Assessment of Existing Cross Sound Fon'y
Services (updated March 1999, prepared by Duan Engineering Services),
* preparation of a Part I~ Environmental Assessment Form,
· Traffic Impact Study for Proposed Cross Sound Ferry Parking Lot Expansion (September 1997;
prepared by D,nn Engineering Assoc'mtes),
· Addendum and Full Environmental Assessment Form for the Revised Site Plan AppliCation for
Cross Sound Ferry Serviees, Inc. (May 1999; prepared by Inter-Science Research Associates,
· Environmental Assessment Form Part III, prepared by Nelson, Pope & Voorhis, LLC, dated Sune,
2001, including the traffic impact assessment memorandum dated June 7, 2001,
· tra~c data, information and input from the New York State Department of Transportation
C~tVSt~OT),
· independent site inspection,
· testimony provided at public heatings on the project, and
· Planning Board deliberation on public input and materials supplied by the applicant, the public, the
consultant, and planning staff.
Based upon this thorough review, the Plan~in~ Board did not identify any si?ifieant adverse
environmental impacts in connection with the proposed project. Additional supporting findings are
provided below.
2. The Criteria for Determining Significance are specifically evaluated as follows with respect to this
action, as follows:
Substantial adverse change in existing air quality, ground or surface water quality or quantity,
traf~c or noise levels; increase in solid waste production; a substantial increase in erosion,
flooding, leaching or drainage problems.
The proposed action will not signifcantly change the subject site such that air quality,
groundwater or surface water quality, traffic, noise levels, solid waste production, or flooding,
erosion, leaching or drainage problems will occur. Review of the Environmental Assessment
Form Part 1 finds that there is no change in the site coverages between existing and proposed
conditions. No signifcant physical alternation of the subject site is planned connection with as a
function of the proposed project. The EAF Addendum contains an assessment of natural
resources with analysis of potential impacts, concluding that no significant impact will occur.
Similarly the Part 3 EAF prepared by the Town comes to a similar conclusion.
The overall site is 4.06 acres in size (with modifcations proposed only for the Snack Bar parcel)
and is used as an existing ferry terminal which has operated on the subject.site for more than 50
years. The site operations are currently in existence and serve as an important inter-state
transportation connection with Connecticut. The proposed action will not significantly change
Page 4 of 7
Determination of Significance
Cross Sound Ferry Services, Inc., Site Plan Approval, Southold
these operations such that air quality, groundwater or surface water quality, traffic, noise levels,
solid waste production, or flooding, erosion, leaching or drainage problems will occur. Review
of the Environmental Assessment Form Part l finds that there is no change in the site coverages
between existing and proposed conditions. No signiflcant physical alternation of the subject site
is planned as a function of the proposed project. The EAF Addendum contains an assessment of
natural resources with analysis of their relationship to the project site, the existing operation
and the proposed site conditions. The following resources were evaluated: surface
soils/topography, groundwater, surface water, drainage, vegetation, wildlife and wetlands. In all
cases, the proposed project was not expected to cause a sign~cant change or adverse impact
with respect to these resources. The applicant submitted traffic analysis with documentation that
the ferry was only one of several sources of traffic in Orient Point, and adequate gaps and
transportation system operations would be maintained.
Th~ removal or d~struction of iarge quantities of veg~ation or fauna; substantial interference with
the movement of any resident or migratory fish or wildlif~ species; impacts on a s~rmificant habitat
area; substantial adverse impacts on a threatened or endang~,d species of anlro, a] or plant, or th~
habitat of such a species; or other signiiieant adv~rs~ impact to natural resources.
As noted, the EAF Addendum contains an assessment of natural resources which included an
evaluation of vegetation, wildlife and wetland resources. This evaluation identified floral and
faunal species associated with the site, and concluded that "due to the lack of overall existing
on-site habitat, the proposed site plan should not result in an increase in negative impact to the
inventoried wildlife'. In addition, the proposed site plan improvements will add overall site
landscaping and a landscape buffer and guard rail around the perimeter of the parking/use
area; this will provide additional habitat and will protect buffer plantings and non-use areas
from encroachment.
The impairment of the environmental characteristics of a Critical Environmental Area as
designated pursuant to subdivision 617.14(g).
The F_~F Addendum indicates that the subject site is within a Critical Environmental Area (CEA)
and further evaluates the relationship of this designation to the current operation and the
proposed site plan. The analysis concludes that "Since no physical modifications to the site are
being proposed which will affect the quality of the off-site CEA land, the implementation of the
proposed site plan should not result in adverse changes to the County-owned CEA land.
Furthermore, the on-site CEA land located along the coastline will continue to function as a
buffer and remain an important safeguard against any threat to the Bay".
The creation of a material conflict with a community's current plans or goals as officially approved
or adopted.
The proposed project has been evaluated in terms of land use, zoning, and land use plans that
establish a community's plans and goals. The project is not in conflict with adjacent land use as
land to the north is separated from the project by the existing State highway and includes County
open space land, one occupied medium density residential lot, and a utility parcel. To the east is
one vacant residential lot controlled by Cross Sound Ferry beyond which is other privately
owned land, to the west is the balance of the Cross Sound Ferry site, beyond which is a
transportation use associated with the Plum Island Ferry Terminal and parking areas, and to the
south is the Trustee owned beach and underwater land which the ferry relies on for marine
Page 5 of 7
Determination of Significance
Cross Sound Ferry Services, Inc~, Site Plan Approval, Senthald
access/transportation. In terms of zoning, the project site has received prior site plan approvals
in 198.5 and 1995, and the use is consistent with the Marine II zoning designation. Land use
plans including the Local Waterfront Revitalization Program and the State Coastal Management
Program, and the Peconic Estuary Program were evaluated, and it was determined that the
project was not in conflict with these plans. The use is a water-dependent use and is therefore
consistent with coastal zone management policy by providing water-dependent uses where
possible and appropriate and provided other resources are not adversely affected.
The impairment of the character or quality of important historical, archeological, architectural, or
aesthetic resources or of existing community or neighborhood character.
As noted, the ferry terminal is an historical use of the site which currently exists,, and is nat
proposed to be significantly altered. As a result, the project will not impair important cultural
resources or community/neighborhood character. It is noted that the proposed projectwill result
in improvements to site aesthetics through additional landscaping in connection with the Snack
Bar Parcel.
£ A major change in the use of either the quantity or type of energy.
The proposed project involves use of energy for facility and ferry operations. The project will
not result in a major change in the use of either the quantity or type of energy.
The creation ofa b~-ard to human health.
The ferry terminal has implemented improvements in operations over the years to ensure the
health and safety of passengers and site visitors. The proposed project will result in the
improvement of pedestrian movement within the site through planned site improvements.
Additional improvements planned will improve safety and services and will reduce congestion
and traffic .inconvenience through site plan modification and long-term operational
improvements.
A substantial change in the use, or intensity of use, of land including agricultural, open space or
recreational resources, or in its capacity to support existing uses.
The use is not proposed to change significantly; however, reasonable improvements are made in
response to transportation needs of the general populace. The planned improvements will allow
Cross Sound Ferry to improve site operations in a manner that will allow the facility to better
support the existing uses. With regard to traffic, the project has been subject to extensive traffic
impact analysis. The activities associated with the high-speed ferry have been evaluated over a
period of time as part of the overall traffic study, parking needs evaluation. Surveys flnd that the
ferry related traffic comprises only a peri, on of the volume present at the terminus of NYS Route
25. Traffic volume has been evaluated over a 4-year period and is fbund to be.variable. Level of
service calculaaons find that uninterrupted flow conditions do not exist for long periods along
the segment of Route 25 between Greenport and the terminal. Parking appears adequate for the
current level of use, and facility improvements will assistwith passenger safety. Long-term plans
to coordinate with NYSDOT will further improve conditions at the terminus of the State highway.
The encouraging or attracting of a large number of people to a place or places for more than a few
days, compared to the number of people who would come to such place absent the action.
Page 6 of 7
Determination of Significance
Cross Sound Ferry Services, Inc., Site Plan Approval, Southold
There is no action proposed in connection with this project or project site that would attract a
large number of people for more than a few days. Cross Sound Ferry makes every effort to
support the needs of passengers and visitors using the facility for generally short time durations
of Several minutes to a day. Activities involving short-term (dally or ovemigh0 parking will be
accommodated by parking attendants and advance planning to serve the needs of passengers.
j. The creation of a material demand for other actions that would result in one o£ the above
consequences.
The proposed project will not create a material demand for other actions that would exacerbate
or create other impacts.
Changes in two or more elements of the environment, no one of which has a si~vniflcant impact on
the envh'omnent, but when considered together result in a substantial adverso impact on the
environment.
The proposed project involves not significant physical site alteration, and therefore will not
result in combined environmental effect.
Two or moro related actions undertaken, funded or approved by an agency, none of which has or
would have a significant impact on the environment, but when considered cumulatively would meet
one or more of thc criteria.
There are no other pending projects in the vicinity of the project site which when considered
cumulatively with the proposed project wouM result in significant adverse environmental
impacts.
The project sponsor has offered a number of site design features and operational improvements which
will assist in ensuring that the proposed site plan and facility operations will not result in a significant
adverse environmental impact.
Summary of Mitigation Inherent in the Project
The Applicant has provided mitigation through project design and operational modifications.
Projeot design features intended by the applicant which shall be shown on the site plan prior to
approval are noted as follows:
· Installation of curb stops along thc northern, western and southern borders of the Snack Bar
Parcel;
* Installation of a wooden or metal guard rail along thc length of the eastern border of thc Snack Bar
Parcel;
· Grade thc parking surface to eliminate depressions and apply stone/gravel to the surface Ot is
noted that any regulated action within 100 feet of Trustees designated wetlands will require
approval of the Town Trustees);
e Enhancement of existing vegetative buffers adjacent to the parking areas on the Snack Bar Parcel;
* Install low intensity safety lighting for pedestrian saf~ during evening hours of operation; and
Page 7 of 7
Determination of Significance
Cross Sound Ferry Services, Inc., Site Plan Approval, Southold
· Provide striped cross-walk across NYS Route 25, for pedestrian access between the Snack Bar
Parcel and the Tcrminol Parcel (with approprlate NYSDOT authorization).
These measures minimize potential environmental impacts to the maximum extant practicable, and are
inherent in the project design. These measures address long-term concerns of the Planning Board with
respect to the Cross Sound Feny terminal operations regarding drainage, aesthetics and safety. The
measures incorporated into the site plan improve site conditions on a site that is already in operation.
As a result, the site plan is viewed as benefiting the health, safety and environmantal conditions of the
subject site.
Page 8 of 7
Determination of Significance
Cross Sound Ferry Services, Inc., Site Plan Approval, Southold
For Further Information Contact:
Bennett Oflowski, Chairman
Town of Southold Planning Board
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, NY 11971
Telephone: (516) 765-1938
Copies of this Notice Sent to:
Commissioner, NYSDEC
NYSDEC, Regional Office at Stony Brook
Town of Southold Supervisor's Office
Town Clerk of the Town of Southold
Town of Southold Secretary to the Planning Board
Town of Southold Zoning Board of Appeals
Suffolk County Planning Commission
Suffolk County Department of Public Works
Suffolk County Department of Health Services
New York State Department of Transportation
Irrvol¥od Agon¢i~s
Citizens for Safe Roads
Pm'tics of Iast~ g, st
Attorney for'Applicant
Applicant
Page 9 of 7
WILLIAM WICKHAM
ERIC d. BRESSIER
ABIGAIL A. WICKHAM
1YNNE M. GORDON
~IAN ET GEASA
LAW OFFICES
WICKH^M, WICKhAm & BrE$$LEr, p.c.
I031~ MAIN ~OAD, P.O, [~OX 14;=4
MATTIIUCK, LONG ISLAND
NEW YORK II95;~
631-;=98-8353
TELEFAX NO. 63~-~9E~-8565
MELVILLE OFFICE
2?5 BROAD HOLLOW ROAD
SUITE Iii
MELVILLE, NEW YORK il747
Zoning Board of Appeals
Southold Town Hall
53095 Main Road
Southold, New York 11971
Attn: Gerard P. Goehringer,
July 27,
Chairman
2001
Re: Appeal of Southold Citizens for Safe Roads, Inc.
dated October 12, 2000 from the determination of
Building Inspector dated August 14, 2000 concerning
alleged pre-existing use of parcel
SCTM #1000-15-9-15.1 (Cross Sound Ferry Service, Inc.)
Dear Mr. Goehringer:
I am advised that at a public hearing conducted on
Monday, July 16, 2001 by the Southold Planning Board on
Cross Sound Ferry's current Site Plan Application, ZBA
member Jim Dinizio, Jr. encouraged the Planning Board to
decide the issue in favor of Cross Sound Ferry (the
"Ferry"). I am further told that Mr. Dinizio said that
requiring an environmental review of the Ferry's plan would
set a bad precedent for other businesses in Southold (this
is noted in the July.19, 2001 issue of the Suffolk Times
article on the hearing). I am advised that Mr. Dinizio made
this and other statements following presentations by
Southold' Citizens for Safe Roads and its traffic consultant
and other statements by the Ferry's lawyer and consultant.
I am advised that Mr. Dinizio has spoken in this vein before
the Planning Board on at least two other previous occasions.
On behalf of our client, Southold Citizens for Safe
Roads, we request that Mr. Dinizio be recused from any
Zoning Board of Appeals actions concerning the Ferry because
he has publicly taken this position on behalf of the Ferry.
This would apply particularly to our client's referenced
appeal to the ZBA from the August 14, 2000 memorandum from
the Southold Town Director of Code Enforcement to the
Zoning Board of Appeals
July 27, 2001
Page -2-
Chairman of the Planning Board concerning Snack Bar Parcel
parking.
By copy of this memorandum, the Chairman of the
Planning Board is requested to provide a transcript of Mr.
Dinizio's full statement at the July 16, 2001 session to the
Chairman of the ZBA and to us on behalf of our client.
Also, concerning our referenced appeal, enclosed are a
series of dated aerial photographs of that area taken over a
period of years. You will note that the photos in 1955,
OE69, OE78, OE80, and 0E88 show from 0 to a maximum of about
5 vehicles in the Snack Bar lot. It is'tonly in ~he OE96
photo that substantial numbers appear.'~'.The P~anning Board
has been provided copies of these.
JG/amb
cc: Bennett Orlowski, Chairman
of Planning Board
Thor Hanson, President, $CSR
Albert J. Krupski, President
James King, Vice-President
Henry Smith
Artie Foster
Ken Poliwoda
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
53095 Route 25 f~
P,O. Box 1179
Seuthold, New York 11971-0959
Telephene (631) 765-1892
Fax (631) 765-1366
July 18, 2001
Mr. Scott Dobriner
Inter-Science Research Associates, Inc.
36 Nugent Street
P.O. Box 120[
Southampton, NY 11969-1201
RE: Cross Sound Ferry, Orient
Dem' Mr. Dobr;,ner:
After review of your parking lot plans, you will have to apply for a wetland and coastal erosion
permit sho,.vLng grading, elevations, ,md drainage.
¥ epz' tm, y ,/ours,
Albert J. '""
.txrups_a, Jr.
President, Board of Trustees
AfK:h,as
cc: Planning Board
PLANNING BOARD MEMBERS
BENNETT ORLOWSKI, JR.
Chairman
WILLIAM J. CREMEHS
KENNETH L. EDWARDS
GEORGE RITCHIE LATHAM,
RICHARD CAGGIANO
Town Hall, 53095 State Route 25
P.O. Box 1179
Southold, New York 11971-0959
Telephone (631) 765-1938
Fax (631) 765-3136
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
July 17, 2001
Re;
Cross Sound Ferry Services, Inc.
Site Plan Application
Orient, New York
Dear Interested Party:
The Planning Board of the Town of Southold has been established as the lead agency
in the review of the above-referenced project and has caused the preparation of a Part
3 Environmental Assessment Form (EAF).
This Part 3 EAF is prepared as additional information to assist the lead agency in
reaching a determination of significance.
The Planning Board intends to consider this information and any additional information
received prior to August 13, 2001 and issue a determination of significance.
Please accept this documentation for your files and advise of any additional input or
information you may have that would assist the lead agency in formulating this
determination.
Thank you for your kind assistance in this matter.
Very truly yours,
Bennett Odowski, Jr.
Chairman
Encl.
Cross Sound Ferry - Paqe Two - 7/17/01
Circulation List:
Southold Town Board
Southold Town Clerk
Southold Town Zoning Board of Appeals
Southold Town Trustees
Southold Town Building Department
Southold Town Transportation Commission
Southold Citizens for Safe Roads
North Fork Environmental Council
Greenport Village Administrator
Suffolk County Department of Health Services
Suffolk County Department of Planning
Suffolk County Department of Public Works
Suffolk County Department of Parks, Recreation & Conservation
New York State Department of State, Coastal Resources & Waterfront Revitalization
New York State Department of Environmental Conservation - Stony Brook & Albany
New York State Department of Parks, Recreation & Historic Preservation
New York State Department of Transportation - Hauppauge & Albany
United States Army Corps. Of Engineers
United States Department of Agriculture
Federal Emergency Management Agency
Cross Sound Ferry ....
IVir. Richard E. Warren, Pres.
Inter-Science Research Assoc.
P.O. Box 1201
Southampton, NY 11969-1201
U.S. Army Corps. Of Engineers
NY District, Regulatory Branch
Jacob K. Javits Federal Building
New York, NY 10278-0090
NYS Dept. of Parks, Recreation &
Histodc Preservation
Environmental Management Bureau
Empire State Plaza, Bldg. 1, 13th FI.
Albany, NY 12238
Mr. George Stafford, Director
NYS Dept. of State, Coastal
Resources & Waterfront Revital.
41 State Street
Albany, NY 12231
Federal Emergency Mgmt. Agency
Response & Recovery Division
26 Federal Plaza, Room 1338
New York, NY 10278
NYS Dept. of Transportation
Passenger Transportation Division
Harriman State Office Campus
1220 Washington Ave., Rm. 115
Albany, NY 11232
Mr. John P. Cahill, Commissioner
NYS Department of Environmental
Conservation
50 Wolf Road
Albany, NY 12233
Mr. William Sickles, Supt.
Suffolk County Dept. of Parks,
Recreation and Conservation
P.O. Box 144, Montauk Highway
W. Sayville, NY 11796-0144
Dr. David Huxsoll, Director
U.S. Department of Agriculture
Div. of Ag. Research, Plum Island
P.O. Box 848
Greenport, NY 11944 '
NYS Dept. of Transportation
Regional Environmental Coord.
State Office Building
250 Veterans Memodal Highway
Hauppauge, NY 11788
Mr. Roger Evans, Director
NYS Department of Environmental
Conservation
Bldg. 40, SUNY, Rm. 219
Stony Brook, NY 11790
Suffolk County Dept. of Public
Works
Transportation Division
335 Yaphank Avenue
Yaphank, NY 11980
Mr.'James Bagg, Director
Suffolk County Dept. of Planning
Council for EnvJronmental Quality
P.O. Box 6100
Hauppauge, NY 11788
Mr. Thor Hanson, President
Southold Citizens for Safe Roads
P.O. Box 797
Greenport, NY 11944
Suffolk County Dept. of Health
Services, Dept. of Ecology
Riverhead County Center
Riverhead, NY 11901-3397
Ms. Debra O'Kane, Exec. Director
North Fork Environmental Council
P.O. Box 799
Mattituck, NY 11952
Mr. David Abatelli, Com. Dey. Adm.
Village of Greenport
236 Third Street
Greenport, NY 11944
Mr. Neboysha Brashich, Chairman
Southold Town Transportation
Commission
P.O. Box 1179
Southold, NY 11971
Southold Town Building Department
Town of Southold
P.O. Box 1179
Southold, NY 11971
Southold Town Trustees
Town of Southold
P.O. Box 1179
Southold, NY 11971
Southold Town Zoning Board of
Appeals
Town of Southold
P.O. Box 1179
Southold, NY 11971
Elizabeth A. Neville, Town Clerk
Town of Southold
P.O. Box 1179
Southold, NY 11971
Supervisor Jean W. Cochran & the
Southold Town Board
Town of Southold
P.O. Box 1179
Southold, NY 11971
PLANNING BOARD MEMBERS
BENNETT ORLOWSKI, JR.
Chairman
WqLLIAM J. CREMERS
KENNETH L. EDWARDS
GEORGE RITCHIE LATHAM, JR.
RICHARD CAGGIANO
Town Hall, 53095 State Route 25
P.O. Box 1179
Southold, New York 11971-0959
Telephone (631) 765-1938
Fax (631) 765-3136
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
July 17, 2001
Mr. Richard E. Warren, President
Inter-Science Research Associates, Inc.
P.O. Box 1201
36 Nugent Street
Southampton, NY 11969-1201
Re:
Proposed Site Plan for Cross Sound Ferry
SCTM#1000-15-9-10.1, 11.1 & 15.1
Dear Mr. Warren:
The following took place at a meeting of the Southold Town Planning Board on
Monday, July 16, 2001:
BE IT RESOLVED that the Planning Board hold the hearing for Cross Sound Ferry
open.
The next Planning Board Meeting is scheduled for August 13, 2001, at 6:00 p.m.
Please contact this office if you have any questions regarding the above.
Very truly yours,
Bennett Orlowski, Jr.
Chairman
SCHNEIDER E IGINEERING, P LC
Civil Engineering: Traffic * Municipal * Accident Investigations
Steven Schneider, P.E
July 16, 2001
Mr. Thor Hanson
Southold Citizens for Safe Roads
P.O. Box 797
Greenport, New York 11944
Re: Site Plan Application and Full EAF of Cross Sound Ferry Inc.
Dear Mr. Hanson:
Per your request Schneider Engineering has reviewed the documents supplied
by you and your organizatiOn ~egarding the above referenced application. These
documents included the following:
1. Site Plan on Properties of Cross Sound Ferry Services, Inc. by John J.
Raynor, dated December 8, 2000, latest revision January 22, 2001.
2. Environmental Assessment Form (EAF) Part 3 - Evaluation of Importance
of Impacts (Includin.cl EAF Parts 1 & 2) for the revised Site Plan
Application for Cross SOund Ferry Services, Inc., prepared by Nelson,
Pope & Voorhis, LLC, dated June 2001.
3. Letter from Peter Brown of Nelson, Pope & Voorhis to Bennett Orlowski,
Jr., Chairman of the Town of Southold Planning Board dated February 8,
2001 concerning traffic impaCts of the Cross Sound Ferry Service Inc.,
Amended and Full Environmental Assessment Form.
4. Proiect Narrative for the Full Environmental Assessment Form (Part I) as
I~art Of the Revised Proposed Site Plan AI31~lication for Cross Sound Ferry
;~56 Middle Country Road, Suite 306, Coram, New York 11727 Office: 631.698.6200 Fax: 631.698.6299
www.schnelderenglneerlng.corn
NEWYORK * NEW JERSEY · FLORIDA
Services, Inc., dated September 2000 by Inter-Science Research
Associates.
5. Traffic Assessment of Existin.cl Cross Sound Services, dated March 1999
by Dunn Engineering Services
6. Traffic Impact Study for Proposed Cross Sound Ferry Parkin~ Lot
Exl3ansion dated September 1997 by Dunn Engineering Associates.
7. Miscellaneous Correspondence.
These documents were to determine the impacts of the proposed project on
traffic volumes, level of service, traffic safety and parking.
· Dun n Engineering in their i997 and 1999 studies underestimate the impacts the
traffic generated by the ferry has on the local volumes. Dunn claims that,
compared to the total background traffic, the ferry traffic is minimal. Dunn
Engineering reports uses charts that show that ferry traffic can be as high as
50% of the background and is regularly in excess of 20% of the background
volumes. Table '12 of Dunn's 1997 report shows that the ferry component of the
background traffic is 30% on Weekdays, 20% Saturdays and 18% on Sundays.
These percentages are not minimal and in fact are a critical part of the SR 25
volume east of Greenport. As such, attention must be given to any increases to
either the background volume or ferry traffic volumes when analyzing level of
services impacts. In terms of pure traffic volumes and level of service, the
anticipated increase in traffic based on the data reviewed has little negative effect
on State Route 25 east of Greenport, as there is excess capacity on the
roadway. This does not preclude future reductions in capacity on SR 25. Any
significant increase in demand for service will have a negative impact on local
traffic.
In both the 1999 and 1997 reports, Dunn Engineering analyzed accident data for
SR 25 east of Greenport. During 1994 and 1995 the New York State Department
of Transportation (NYSDOT) completed a widening and repaving program