Loading...
HomeMy WebLinkAboutMAR 17 DEIS Southold Fuel Station Draft Environmental Impact Statement Southold Gas Station & Convenience Store 45450 County Road 48 - Youngs Avenue Southold, NY SCTM # 1000-55-5-2.2 Lead Agency: Town of Southold Planning Board PO Box 1179 Town Hall Annex 54375 State Route 25 Southold, NY 11971 631-765-1938 www.southoldtownny.gov Table of Contents Contents 1.0 EXECUTIVE SUMMARY 5 1.1 Project Description 7 1.2 SEQRA Determination 8 1.3 Purpose and Need 9 1.4 Mitigating Measures 10 2.0 ZONING & LAND USE 13 2.1 Number of Local Gas Stations in Southold and Locations: 13 2.2 Town of Southold Code 14 3.0 OPERATIONS & SAFETY 16 3.1 New York State UST Regulations 17 3.2 Suffolk County Department of Health Services Regulations: 18 Article 12 Registration of Toxic and Hazardous Materials Storage Facilities 18 4.0 PERMITS AND APPROVALS 19 5.0 EXISTING CONDITIONS & ENVIRONMENTAL SETTING 19 5.1 Existing Site Description 19 5.2 Number of Existing Gas Stations within the Town on County Road 48 20 5.3 Existing Community Characteristics 20 5.4 Groundwater Description 30 5.6 Water Supply and Sanitary Waste Disposal 33 5.7 Soils 34 6.0 COMMUNITY CHARACTER 35 6.1 Suffolk County 35 6.2 Southold Town 37 6.3 New York State North Shore Heritage Area Management Plan 41 6.4 Photo Simulations and Renderings 42 7.0 ENVIRONMENTAL IMPACT POTENTIAL & MITIGATING MEASURES 42 7.1 Town of Southold Local Law 43 7.2 Unearthing of a Spill and Water Resources 45 General Procedures for Gasoline Spill Investigations and Remedial Actions: 46 Actual On-Site Investigations- May 2014 48 Local Groundwater 49 7.3 Noise 49 7.4 Air Quality 52 Sulfur Dioxide - Continuous Pulsed Fluorescence 54 Inhalable Particulates (PM2.5) - Rupprecht & Patashnick Sampler 55 Ozone - Continuous UV Light Absorption 56 7.5 Lighting and Aesthetics 57 Building Architecture 57 Signage 57 7.6 Site Lighting and Canopy Lighting 58 7.7 Traffic 59 7.8 Aesthetic and Scenic Resources & Community Characteristics 63 8.0 ALTERNATIVES 70 8.1 No Build Scenario 70 8.2 Reduction in Pump Islands and Canopies 70 1.0 EXECUTIVE SUMMARY 5 1.1 Project Description 7 1.2 SEQRA Determination 8 1.3 Purpose and Need 9 1.4 Mitigating Measures 10 2.0 ZONING & LAND USE 13 2.1 Number of Local Gas Stations in Southold and Locations: 13 2.2 Town of Southold Code 14 3.0 OPERATIONS & SAFETY 16 3.1 New York State UST Regulations 17 3.2 Suffolk County Department of Health Services Regulations: 18 Article 12 Registration of Toxic and Hazardous Materials Storage Facilities 18 4.0 PERMITS AND APPROVALS 19 5.0 EXISTING CONDITIONS & ENVIRONMENTAL SETTING 19 5.1 Existing Site Description 19 5.2 Number of Existing Gas Stations within the Town on County Road 48 20 5.3 Existing Community Characteristics 20 5.4 Groundwater Description 30 5.6 Water Supply and Sanitary Waste Disposal 33 5.7 Soils 34 6.0 COMMUNITY CHARACTER 35 6.1 Suffolk County 35 6.2 Southold Town 37 6.3 New York State North Shore Heritage Area Management Plan 41 6.4 Photo Simulations and Renderings 42 7.0 ENVIRONMENTAL IMPACT POTENTIAL & MITIGATING MEASURES 42 7.1 Town of Southold Local Law 43 7.2 Unearthing of a Spill and Water Resources 45 General Procedures for Gasoline Spill Investigations and Remedial Actions: 46 Actual On-Site Investigations- May 2014 48 Local Groundwater 49 7.3 Noise 49 7.4 Air Quality 52 Sulfur Dioxide - Continuous Pulsed Fluorescence 54 Inhalable Particulates (PM2.5) - Rupprecht & Patashnick Sampler 55 Ozone - Continuous UV Light Absorption 56 7.5 Lighting and Aesthetics 57 Building Architecture 57 Signage 57 7.6 Site Lighting and Canopy Lighting 58 7.7 Traffic 59 7.8 Aesthetic and Scenic Resources & Community Characteristics 63 8.0 ALTERNATIVES 70 8.1 No Build Scenario 70 8.2 Reduction in Pump Islands and Canopies 70 Figures Site Location & 500 Foot Radius Map Suffolk County Aquifer System Appendix Southold Town Land Use Map Sag Harbor Gas Station Suffolk County Registration NYSDEC Training Manual for Underground Storage Tank Operators NYSDEC Site Investigation Protocols NYSDEC Spill Cleanup Procedures NYSDEC Part 375 Remediation Requirements NYSDEC Soil Cleanup Objectives NYSDEC Additional TOGS NYSDEC DER 10 Cleanup Requirements NYSDEC Sample Health & Safety Plan On Site Decibel Data Noise-Vacuum Pre Start Vacuum Noise Data 1 Vacuum Noise Data 2 Traffic Impact Study, Schneider Engineering, LLC Traffic Impact Study-Appendix Southold SEQRA Determination SCWA Service Availability Statement Photo of Land Use Within 500-ft. Traffic Comment Response Southold Land Use September 13, 2016 Southold Comments February 7, 2017 Southold Comments North Shore Heritage Area Management Plan February 16, 2017 Traffic Response Artistic Engineering Still Renderings Artistic Engineering Renderings – Alternative A Artistic Engineering Renderings – Alternative B Plans Sheets Site Plan Typical Suffolk County UST Tank Plans for Fuel Dispensing Draft Environmental Impact Statement Unlisted Action Proposed Amended Site Plan for Southold Gas Station & Convenience Store 45450 County Road 48 and Youngs Avenue Southold, NY SCTM # 1000-55-5-2.2 Lead Agency: Town of Southold Planning Board PO Box 1179 Town Hall Annex 54375 State Route 25 Southold, NY 11971 631-765-1938 www.southoldtownny.gov Contact Persons: Mark Terry, Principal Planner Brian Cummings, Planner Applicant’s Agent: Charles Cuddy Attorney at Law 445 Griffing Avenue PO Box 1547 Riverhead, NY 631-369-8200 Charles.cuddy@verizon.net Prepared By: Jeffrey L. Seeman, CEP PO Box 130 East Quogue, NY 11942 jlscoast@optonline.net Date: May, 2017 1.0 EXECUTIVE SUMMARY On November 2, 2015, pursuant to the New York State Environmental Quality Review Act (SEQRA) 617.7, the Town of Southold’s Planning Board, as Lead Agency and by resolution, issued a Positive Declaration for the proposed Amended Site Plan for Southold Gas Station & Convenience Store, an Unlisted Action (Appendix. 17). The Lead Agency’s SEQRA review determined the proposed action may have a significant impact on the environment and required the applicant to prepare a draft environmental impact statement (DEIS) to assess impact potentials. Environmental reasons supporting the Lead Agency’s positive declaration included concerns for impact on: Groundwater Air Aesthetic Resources Transportation Noise, Odor and Light Human Health Consistency with Community Plans Consistency with Community Character There was no formal, detailed Scoping document issued by the Lead Agency for the Unlisted Action. A draft environmental impact statement (DEIS) was submitted to the Lead Agency on July 11, 2016. The July 2016 DEIS was deemed inadequate for public review by the Lead Agency with reasons supporting the decision stated in the Lead Agency letter dated September 13, 2016 (Appendix 22). The Lead Agency requested that a “no action” alternative be included in the DEIS as well as an additional alternative site development, to wit: providing only a single canopy located behind the building, with eight (8) pump stations. The Lead Agency requested a visual impact analysis of this alternative. These revisions can be found in Appendix 26, 27 and 28. A revised DEIS, dated December 16, 2016 was submitted in response to comments raised in the September 13, 2016 letter. The revised DEIS was deemed inadequate for reasons stated in the Lead Agency’s February 7, 2017 letter (Appendix 23). This DEIS is prepared with revisions to address the Lead Agency’s most recent letter and request for information pertaining to: Traffic Impact Study methods and evaluations Photo-simulations of the proposed action Photo-simulations of the alternative actions Analyses of potential impacts on Long Island North Shore Area Management Plan, Nov. 2005 Listing of all fuel stations within the Town of Southold Verification of driveway widths and compliance with Town Code Verification of signage and compliance with Town Code The impact assessment state that the existing Town of Southold, Suffolk County and New York State codes and regulations for underground storage tanks (USTs), gasoline storage and dispensary systems, and operator certifications are adequate measures to mitigate, minimize and/or avoid potential adverse environmental impacts to the public’s welfare, health of the environment. NYSDEC regulatory standards for spill investigations and clean up requirements for soil and water contamination generated by petroleum products mandate safe and effective remedial action, should pollution be uncovered during site development. On site qualified environmental professional(s) experienced in identifying petroleum product release and investigation protocols will be present during excavation. In the event a spill has occurred the onsite professional will contact the NYSDEC and initiate the spill response protocols. Previous (May 2014) onsite environmental investigations and laboratory analyses of soil and groundwater samples concluded no suspected product release and no remedial actions, with the exception of cleaning out a leaching pool. Local legislation and enforcement of nuisance impacts generated by noise, odor, and light scatter require the action provide approvable site plans that are compliant with the Town of Southold Code and for operations of the facility to remain in compliance. New York State reports that Long Island regional air quality is periodically stressed by ozone, and provides alerts at its website. Modern fuel dispensing operations include vapor recovery systems and methods to minimize vapor release. Nevertheless daily changes in weather conditions, customer behavior and gas pressure within a closed tank and pipe system requires a venting system. The vent releases minor quantities of volatile organic compounds to the atmosphere. There is a low potential for adverse environmental impact generated by the release of vapors consisting of small quantities of volatile organic compounds to the atmosphere. The condition occurs at all gasoline stations and is unavoidable. The proposed action is expected to have potential for only very minor impacts on the region’s air quality. As stated in the Town of Southold’s Comprehensive Plan Update draft chapter on Community Character (www.southoldtownny.gov) in 1992, the New York State Legislature recognized and identified New York State Route 25 and Suffolk County Route 48 (the two primary roadways in the Town) as Scenic Byways through the New York State Scenic Byways Program. The transportation corridors are representative of the region's scenic, recreational, cultural, natural, historic and archaeological significance.   In addition to these designated transportation routes, the community has also identified scenic resources as important in past studies and plans; including scenic view‐sheds from public lands and waters.  To preserve these important areas, a comprehensive listing and mapping of the areas will be developed and considered for adoption by the Town to qualify decision making and support the development of planning tools to foster actions that better fit into the Town’s landscapes and waterscape. Southold has significant scenic resources associated with the CR 48 and NYS 25 corridors. The Town has set goals to identify these areas by developing a Scenic Resource Map, preserve existing view-sheds and vistas and consolidate area traffic to CR 48 to reduce impacts on local roadways. According to the Town of Southold Comprehensive Plan Update, the Scenic Resource Map was to have been completed in 2014, however research conducted for this DEIS at the Town Planning Department has not confirmed the Scenic Resource Map has to date been finalized. Therefore the proposed action is located within a node of commercial uses and considered less significant as a scenic resource based on higher values associated with open space vistas associated with agricultural land uses, waterways, and natural areas of undeveloped lands (forests, meadows and shrub lands) and lands identified as scenic resources, as important in past studies and plans; including scenic view‐sheds from public lands and waters. There were no site specific scenic resources specifically identified at the site by the Town of Southold. A map of land uses within the Town of Southold is included in Appendix 1 and a closer view of land uses in the Hamlet of Southold are included in Appendix 21. The site falls within the New York State Scenic Byways area of CR 48, and within the boundaries of the New York State North Shore Heritage Area Management Plan. Therefore the existing land use, zoning and structures associated within the Town Code are considered compatible with the transportation corridor and are representative of the region's scenic, recreational, cultural, natural, historic and archaeological significance.   The location may be described as an intermediate node of business developed landscape, located between the westerly portion of the CR 48 scenic corridor, which is dominated by agricultural landscapes and the portion of the scenic corridor immediately east of Youngs Avenue, comprised of a strip of light commercial businesses. The action requires architectural building designs, details, lighting, landscaping and signage to be compatible with Southold’s cultural and scenic resources. The applicant proposes to utilize the existing building with upgrades to achieve a historic and traditional New England style image, commonly found along the North Fork. The North Fork image is termed to include traditional New England type building materials, including but not limited to cedar shake shingles (or composite materials that mimic cedar shakes), as examples: Cape Cod/second story dormer style, Dutch Colonial and Federal style buildings with six-over six pane windows and doors. Lighting will comply with Southold Town Code 172. The proposed action, located within the B zoning use district is not inconsistent with community plans or community character. The applicant has provided a Traffic Impact Study (TIS) that evaluates site ingress and egress, staging areas for fuel dispensary, number of standard parking stalls and handicap stalls, area vehicular traffic generated by the build and no build scenarios. The TIS concluded there were no significant traffic impacts generated by the action and no significant traffic, bicycling or pedestrian impacts of the build versus the no build scenarios. 1.1 Project Description The action is described as an Amended Site Plan for the proposed conversion of an existing 3,476 square foot building (formerly for vehicle detailing, RV sales and servicing) to a convenience store and vehicle fuel sales with: six (6) fuel pumps (12 fueling stations), two canopies, one 50’ x 24’ (1200 sq. ft.) and the other 50’ x 50’ (2,500 sq. ft.) and 29 parking spaces on 1.46 acres in the General Business (B) Zoning District. The action includes installation of two (2) 15,000 gallon USTs. One 15,000 gallon UST will store non-leaded gasoline; the second tank has three (3) 5,000 gallon compartments. One 5,000 gallon compartment will store diesel, the second 5,000 gallon compartment will store super-non-leaded gasoline and the third 5,000 gallon compartment will store non-leaded gasoline. The total maximum, combined fuel stored at this location in the UST system is 30,000 gallons. Propane will not be distributed from this location. The two canopies will require an area variance from the Zoning Board of Appeals. The convenience store will also require a special exception from the Southold Zoning Board of Appeals. The existing building will be re-purposed for transacting gas sales and used as the convenience store. The hours of operation will be from 0500 hours until 2400 hours (5:00 AM-12:00 midnight seven days per week. The project is located on the southwest corner of Suffolk County Road 48, a primary east/west thoroughfare and Youngs Avenue a north/south Town of Southold roadway. The CR 48 and Youngs Avenue is a signalized intersection. / Existing Site Conditions View Southwest 1.2 SEQRA Determination There was no Formal Scoping required by the Lead Agency, and there is no Formal Scope issued by the Lead Agency for the DEIS preparation. In accordance with SEQRA, when a Formal Scope is not conducted the DEIS is prepared based on the Lead Agency’s SEQRA Determination. The Lead Agency cited eight categories in its November 2, 2015 Determination of Significance (Appendix 17) where the proposed Unlisted Action was found to hold potential for moderate to significant impacts: Impact on Groundwater for storage of approximately 30,000 gallons of petroleum product above the Nassau-Suffolk sole source aquifer. Impact of Air- concern for generation of additional vehicle trips and idling may impact CO emissions Impact of Aesthetic Resources- the facility would be visible from a NY State Scenic Byway, publicly accessible vantage points and may diminish public enjoyment of the Long Island North Shore Heritage Area Impact on Transportation- a Traffic Impact Study is required to assess safety, daily peak and seasonal peak traffic impacts and internal site layout with respect to onsite traffic flow. Impact on Noise, Odor and Light- concern for noise generated by vehicles, vacuum cleaners, HVAC equipment and concern for night time lighting and potential odors. Impact on Human Health- concern for unearthing hazardous materials from a former gas/service station that occupied the site and proposed plans for health and safety during construction. Consistency with Community plans- consistency with the Town of Southold Comprehensive Plan, Suffolk County’s Comprehensive Plan and the New York State North Shore Heritage Area Management Plan Consistency with Community Character- concerns for compatible architecture that is not in conflict with the community character during day light and night time hours of view. A no action alternative was required under the November 2, 2015 decision. A second alternative action was later added in September 2016. This second alternative requests an assessment whereby no pump island is located onsite at the CR 48-Youngs Avenue intersection (i.e. site’s road frontage). 1.3 Purpose and Need The purpose of the General Business (B) District is to provide for retail and wholesale commercial development and limited office and industrial development outside of the hamlet central business areas, generally along major highways. It is designed to accommodate uses that benefit from large numbers of motorists, that need fairly large parcels of land and that may involve characteristics such as heavy trucking and noise. The purpose of the application is amend a site plan for the conversion of an existing 3,476 square foot building. The site and building have been associated with use as a recreational vehicle (RV) sales and service center. The existing wood frame building is deteriorating and the ability to store and service RVs on a relatively small lot size has become impractical. Parking large RVs along the site’s frontage with CR 48 impedes sight distance and visibility of the CR 48-Youngs Avenue intersection for east bound drivers, especially visitors unfamiliar with the local area The site was a former gas station, and a former garden center, before it was used for the RV sales and service center. Within Southold, CR 48 currently has one gas station (BP) with accessory convenience store along the east bound lane, located at Henrys Lane approximately three miles west of the subject site. The BP station on CR 48 is approximately 12 miles from the Southold-Riverhead Town border. The CR 48 and Youngs Avenue is a signalized intersection, which allows for ingress and egress from the site from eastbound, westbound traffic of CR 48 and from northbound and southbound Youngs Avenue. The parcel size is 1.46 acres and is located in the General Business (B) Zoning Use District. The two canopies will require an area variance from the Board of Appeals, and the convenience store will require a special exception from the Board of Appeals. 1.4 Mitigating Measures The proposed gas station shall comply with NYSDEC, Suffolk County Health Department Services (SCDOH) and Town of Southold regulations and land use laws. The regulations are adequate for the protection of human health, welfare and the environment. The double wall, fiberglass tanks and double wall piping systems combined with tank overflow protection, leak detection systems, fire suppression and fuel dispensary equipment that restricts vapor release and locking devices assure safe operations. The NYSDEC requirements for operator training and mandatory testing to achieve operator certification are sufficient for qualified management of the facility. Petroleum product spills and USTs associated with the former use(s) of the site must be reported to the NYSDEC and addressed in accordance with site investigations, soil and water cleanup protocols and health and safety programs set forth in NYSDEC remedial action programs. In May 2014, the site was the subject of a subsurface investigation, conducted by Berninger Environmental Inc. Three (3) soil borings were performed in the vicinity of a suspected petroleum UST. Soil samples from these borings and samples collected from the area of a suspected septic pool, drain pool and storm drain pool at the rear of the building were also collected. The samples were analyzed for volatile organic compounds (VOCs) and semi-volatile organic compounds (Semi-VOCs) in accordance with USEPA methods 8260 and 8270 BN respectively. On site photo-ionization detection (PID) meter readings were conducted during the soil sampling program and resulted in readings indicative of no action. Two (2) groundwater samples were collected from each soil boring located where a suspected UST was formerly thought to have been located (based on interviews). Lab results from the groundwater samples were compared to the NYS Standards outlined in the NYSDEC TOGS document. Two minor detections of less than 1.5 parts per billion (ppb) were recorded. Floor drain soil samples and a composite soil sample lab analyzed from a storm drain located at the rear of the building did detect Semi-volatile organic compounds including levels that exceeded the Suffolk County Department of Health Action Levels. The Summary of Findings prepared by Berninger recommended these storm drains be cleaned out and end point samples collected and analyzed. The applicant agrees to implement the recommendation. The site investigation conclusions, based on lab results of soil and groundwater analyses, which did not indicate conditions of environmental concerns recommended no clean up actions (with exception of cleaning the leaching pool). Based on the Berninger report, the suggestion that a spill has occurred and requires remediation is unsubstantiated. SCHOH underground storage tank, (UST) requirements implemented in 2010 are specifically designed for aquifer protection, and the proposed action’s conformance to the standards will mitigate potential for groundwater contamination generated at the site. The existing private well will be disconnected and closed in accordance with NYSDEC and SCDOH requirements, thus eliminating this potential pathway to groundwater and a connection to the Suffolk County Water Authority (SCWA) public water supply requested. The SCWA has confirmed water availability for the project. SCWA also provided the location of public water supply wells within 2,500-ft. of the subject site. The nearest wells are located 2,033-ft. northeast of the site, north of Old North Road. Other SCWA wells are located at CR 48 west of the site and at a location east of Kennys Road; each location is beyond the distance of 2,500 ft. Measurements of existing traffic conditions at key intersections were conducted by Schneider Engineering (a traffic engineering consulting firm). Traffic conditions were evaluated to assess how the background conditions could potentially be impacted by the proposed project. Schneider Engineering determined that existing traffic conditions would not be significantly changed by the proposed action. A Traffic Impact Study prepared by Schneider Engineering is included as Appendix 15. Ambient noise levels were measured at the site to establish existing levels. Measurements were taken in real time using “Decibel 10th” hand held sound meter software. The major source of site noise generation is from the vehicle traffic traveling along Youngs Avenue and CR 48. To evaluate the potential for noise generated from the proposed project, noise measurements were collected at the BP Station located in Southold on CR 48. Noise measurements at the BP Station included noise generated by the vehicle vacuums, noise generated by vehicular traffic and noise generated by the gas station customers. The noise levels from these sources were compared to the background noise levels measured at the subject site. There was no significant difference in the noise levels between the two locations because the primary source for noise generation is the vehicular traffic on CR 48. Noise level results are included in Appendix 11-14. The existing noise levels measured at the subject site and at nearby locations are expected to remain at the same level under the proposed project scenario. A temporary increase in noise may be experienced during certain periods of construction activity which can be minimized by staging the hours of the work. Gas station facilities that comply with NYSDEC regulations for bulk storage in USTs are exempt from the 201 Air Resource regulations for registration or permits. Impacts to community character, aesthetics and scenic resources will be mitigated by the architectural design of the canopies and restoration of the existing building and it’s re-purposing as a convenience store and gas operation. The site will be developed with a vintage 1920’s type gas station theme. The station will appear to have been preserved and restored from this period, but operate with modern technology and equipment. The canopy and lighting designs will comply with the Town Code and Town of Southold’s Comprehensive Plan Update 2020 and its drafted goals to protect the rural character of the Town. Landscaping placed along the site’s road frontage and enhancement of the existing mature vegetation at the site’s south and west borders with neighboring parcels, will screen the site from visual impact. The proposed landscaping includes 3-foot high privet hedge borders to screen the front parking stalls and gas pump island from the CR-48 and Youngs Avenue view sheds. A 1-foot high ornamental field stone retaining wall is proposed at the northeast corner of the site as a landscape accent planter and for increasing the height of the hedge row at this intersection. The landscape plans include mulch covered perennial flower beds and split rail fencing to reflect a typical time period plantings. Mitigation is more comprehensively discussed within the specific areas of impact assessments contained in this DEIS. 2.0 ZONING & LAND USE 2.1 Number of Local Gas Stations in Southold and Locations: A “Google Map Search” combined with a “windshield tour” was conducted for investigating the location of gas stations in the general area of CR 48 in the Town of Southold and as far west as the Town of Riverhead. The “windshield tour” (described as vehicular travel with qualified observers) began at the intersection of New York State Route 25A and Sound Avenue, in Calverton, NY and traveled eastbound along Sound Avenue through the township of Riverhead, and through the Town of Southold where Sound Avenue is locally known as CR 48. The end point was determined to be where the first gas station was located. The starting location was selected because it is the beginning of Sound Avenue. The windshield tour along this segment of roadway revealed that only one gas station is available (the BP at CR 48 and Henrys Lane), after an easterly traveling distance of approximately 30 miles. Within the Town of Southold, gas stations are primarily located on Main Road (New York State 25) the east-west thoroughfare located south of CR 48. These gas stations include: Gulf at Bray Ave/NYS 25, Mattituck Speedway at Bay Avenue/NYS 25, Mattituck BP at Marratooka Lane/NYS 25, Mattituck Valero at Depot Lane/NYS 25, Cutchogue Citgo between Sterling Lane and Cox Lane/NYS 25, Cutchogue BP just west of Pauls Lane/CR 48, Peconic Empire at Bayview Road/Main Road, Southold Empire just east of Silvermere Road/Main Road, Greenport Mr. Roberts at 3rd Street/NYS 25, Greenport Patriot Gas between Knapp Place and Champlin Place/ Main Road, Greenport Orient Service Center west of Diedricks Road/NYS 25, Orient New York State designated CR48 and NYS 25 as Scenic Byways in 1992. The North Fork of Long Island continues to be promoted as an agri-tourism destination market. The proposed action of a gas station with convenience store along a main thoroughfare that connects the North Fork Wine Trail and ferry hubs in Orient (New London Ferry) and in Greenport (Shelter Island Ferry) is not inconsistent with use along the roadway. CR 48 is underserved with these facilities and is not saturated with gas stations. Gas stations are a permitted use in the Town of Southold General Business (B) zoning use district. The New York State North Shore Heritage Area Management Plan was prepared for the New York Department of State in November 2005. The document describes is purpose as, “The Plan articulates a vision of the Heritage Area and gives it organization. It shows how to tie together the stories of the people and create the themes across the entire stretch of the Long Island North Shore Heritage Area, across water and land, as well as through time.” The general area covered under the Plan includes the entirety of northern Long Island (Nassau and Suffolk Counties) along the LI Expressway/Route 25, north to Westchester County and the Connecticut State border and south to the Peconic Bay, including Southold Town. 2.2 Town of Southold Code The subject site is located in the General Business (B) zoning use district. The Code permits the convenience store. The gas station use requires a Special Exception from the Board of Appeals. Details of the Code that are specific to the proposed action are stated below. Pursuant to the Town of Southold Town Code Article XI: General Business (B) District, in the B District, no building or premises shall be used and no building or part thereof shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: A.  Permitted Uses. The following uses are permitted uses and, except for those uses permitted under Subsection A (1), (12) and (13) hereof, are subject to site plan approval by the Planning Board: (14) Convenience stores. The Convenience store is a permitted use. B.  Uses Permitted by Special Exception by the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals as hereinafter provided, except Subsection B (17), which may be permitted as a special exception by the Planning Board, and all such special exception uses shall be subject to site plan approval by the Planning Board. (12)  Public garages, gasoline service stations, new and used motor vehicle lots, vehicle sales and rental, including the sale of recreation vehicles and trailers and boat sales, with accessory repair facilities, all subject to the following requirements: (a)  Entrance and exit driveways shall have an unrestricted width of not less than 12 feet and not more than 30 feet and shall be located not less than 10 feet from any property line and shall be so laid out as to avoid the necessity of any vehicle backing out across any public right-of-way. The proposed 40-foot width of the ingress/egress driveway entrances located at Youngs Avenue and CR 48 does not comply with the required dimensions of the maximum allowable width of 30-foot ingress/egress driveways. (b)  Sale of used vehicles or boats shall be conducted only as accessory to the sale of new vehicles or boats. No boat sales and no vehicles sales are proposed with this application. (c)  Vehicle lifts or pits, dismantled automobiles, boats and vehicles and all parts or supplies shall be located within a building. No vehicle lifts or dismantling of boats or automobiles are proposed with this application. (d)  All service or repair of motor vehicles, other than such minor servicing as change of tires or sale of gasoline or oil, shall be conducted in a building. The application does not include repair of motor vehicles other than minor service including sale of gasoline, oil, and inflating and changing tires. There will be no interior areas within the building to conduct major repairs. The proposed action is in compliance with the Code. (e)  The storage of gasoline or flammable oils in bulk shall be located fully underground and not less than 35 feet from any property line other than the street line. The underground gasoline storage tanks are shown in plan on the proposed site plan, prepared by Garrett A. Strang, Architect (May 5, 2015). The designs comply with the Code. (f)  No gasoline or fuel pumps or tanks shall be located less than 15 feet from any street or property line. The location of the fuel pumps conform to the Code as shown on the site plan prepared by Garrett A. Strang, Architect (May 5, 2015). The designs comply with the Code. (g)  No gasoline service or repair shops or similar businesses are to be located within 300 feet of a church, public school, library, hospital, orphanage or rest home. There are no churches, libraries hospitals, orphanages or rest homes within 300 feet of the parcel. (13)  Partial self-service gasoline service stations, subject to all of the provisions of § 280-48B (12) herein and the following additional requirements: (a) Each partial self-service gasoline facility shall have a qualified attendant on duty whenever the station is open for business. It shall be the duty of the qualified attendant to control and operate both the console regulating the flow of gasoline to the dispensing equipment thereafter to be operated by the customer at the self-service pump island and the dispensing equipment on the other pump islands. The applicant shall comply with the New York State Department of Environmental Conservation regulations pursuant to 6 NYCRR 613-2 and USTs at CBS facilities regulated under 6 NYCRR 596-599. The regulations require and the applicant agrees to the following staff duties. Trained Class A Operators to have the primary responsibility for operation and maintenance of UST systems. These operators typically manage resources and personnel to maintain compliance. Class B Operators have daily responsibility for onsite operation and maintenance of UST systems. Training for Class B Operators should provide an in-depth understanding of operations and maintenance aspects of UST systems. Class C Operators are onsite individuals who are generally the first line of response to actual or potential emergencies. The Class C Operator must be trained to take appropriate action in response to UST-related emergencies or alarms caused by spills or leaks from an UST system. A person may be designated to more than one operator class as long as they are properly trained and authorized in each operator class for which they are designated. (b) Gasoline shall at no time be dispensed without the direct supervision of the qualified attendant. A control shall be provided which will shut off the flow of gasoline to the dispensing equipment at the self-service pump island whenever the qualified attendant is absent from the control console for any reason whatever, including when he is operating the dispensing equipment on the other pump islands. As the minimum, during all hours of operation, a Class C Operator shall be onsite and will generally be the first line of response to actual or potential emergencies. (c) The console regulating the flow of gasoline to the remote dispensing equipment thereafter operated by the customer at the self-service pump island shall be situated in such a manner as to give the qualified attendant controlling said console an unobstructed view of the operation of said remote dispensing equipment. The building location and onsite remote cameras will provide the Class C Operator with views of the pump islands. (d) The self-service pump island shall have controls on all pumps that will permit said pumps to operate only when a dispensing nozzle is removed from its bracket on the pump and the switch for this pump is manually operated. The pumping equipment selected will comply with the Code. (e) The self-service pump island shall be protected by an automatic fire-protection system in the form of an approved system of dry powder release which will act as an automatic fire extinguisher. The gas station will be protected by an automatic fire-protection system in the form of an approved system of dry powder release which will act as an automatic fire extinguisher. (f) No customer shall be permitted to dispense gasoline unless he shall possess a valid motor vehicle operator's license. The applicant will post signage at the pump and in the operator’s building stating. “WARNING : All Customers: To dispense gasoline a valid motor vehicle operator's license is required.” (g) There shall be no latch-open device on any self-service dispensing nozzle. The applicant shall agree that there shall be no latch-open device on any self-service dispensing nozzle. The proposed action is described as an Amended Site Plan for the conversion of an existing 3,476 square foot building (formerly used for vehicle detailing, recreational vehicle (RV) sales and servicing) to a convenience store and vehicle fuel sales with: six (6) fuel pumps (12 fueling stations), two canopies, one 50-foot by 24-foot (1200 SF) and the other 50-foot by 50-foot (2500 SF) and 29 parking spaces on 1.46 acres in the General Business (B) Zoning District . 3.0 OPERATIONS & SAFETY The New York State Department of Environmental Conservation, Suffolk County Department of Health Services and Town of Southold codes, regulations, design standards and monitoring programs provide for the safe operation of a gas stations located within Suffolk County, NY. The combination of State, County and Town regulations provide for protection of the sole source aquifer, UST leak detection, capture accidental spills during tank filling, require operator training and testing, and provide the public health protection against nuisance and intrusion regarding quality of life concerns (aesthetics, lighting, noise and odors). The existing regulatory requirements that shall be met by the applicant are adequate to mitigate both long term and short term quality of life impacts, provide protection to groundwater resources and minimize environmental impact potential generated by the facility’s operations. In 2009-2010 Suffolk County regulations concerning gas stations were amended to require more stringent underground fuel storage design and dispensing regulations. One of the primary purposes of the County’s revised regulations was for the protection of groundwater. The County requires underground gasoline storage tanks to be double-wall. To avoid corrosion that occurs with steel tanks, more double wall tanks are typically comprised of fiberglass. These new gasoline tanks consist of an inner tank surrounded by an outer wall (or simply a “tank within a tank”). The space separating the inner tank from the outer wall is designed to contain a leak generated from the inner tank. The space between the two tanks walls is required to be fitted with a leak detection system. In the event of a leak from the inner tank, an alarm system generates a signal indicating a breach has occurred. The outer tank is designed to contain fuel from a leak from the primary (inner tank) gasoline storage tank. The regulations regarding installation of UST’s in Suffolk County are the most stringent in the State of New York. Gasoline storage tanks installed in Suffolk County meet a higher threshold of safety and operation regulations than gasoline tanks installed in other New York State counties in order to protect Long Island’s aquifer. 3.1 New York State UST Regulations In New York State all operators of underground storage tanks (USTs) and facilities must be trained and certified and these regulations include gasoline station operators. (Appendix 3). The requirement to have authorized operators applies to USTs at PBS facilities regulated under 6 NYCRR 613-2 and USTs at CBS facilities regulated under 6 NYCRR 596-599. These include facilities that have petroleum USTs with individual capacities of more than 110 gallons. The level of training, certification type and a brief description applicable to the subject application are listed below. For a more comprehensive explanation of NYSDEC required training, please refer to Appendix 3. Class A Operators have primary responsibility for operation and maintenance of UST systems. These operators typically manage resources and personnel to maintain compliance. Training for Class A Operators should help the operator make informed decisions regarding compliance with regulatory requirements. Class B Operators have daily responsibility for onsite operation and maintenance of UST systems. Training for Class B operators should provide an in-depth understanding of operation and maintenance aspects of UST systems. Class C Operators are onsite individuals who are generally the first line of response to actual or potential emergencies. The Class C Operator must be trained to take appropriate action in response to UST-related emergencies or alarms caused by spills or leaks from an UST system. A person may be designated to more than one operator class as long as they are properly trained and authorized in each operator class for which they are designated. New facilities, including the subject application, must designate operators when they commence operation. Class A and B Operators at the facility have 30 days to become authorized. Class C Operators must be trained before they are designated. Individuals who wish to become authorized Class A and/or B Operators must: Pass an online exam administered by DEC (also may be taken in person, by request); OR Obtain credentials issued by any state program recognized by the EPA as meeting operator training grant guidelines. 3.2 Suffolk County Department of Health Services Regulations: Article 12 Registration of Toxic and Hazardous Materials Storage Facilities Article 12 of the Suffolk County Sanitary Code requires that gasoline and diesel material storage facilities be registered with the Department of Health Services. Registration is a process of informing the County of the existence of storage tanks, both above and underground storage vessels that contain substances that can contaminate groundwater. The purpose of registration is to have an inventory of the material storage sites throughout Suffolk County and to allow for the effective enforcement of the codes which regulate this storage.  The applicant is experienced with the Suffolk County Tank registration requirements and possesses a Suffolk County registration for their gas station located in Sag Harbor, NY., a copy of which can be found in Appendix 2. Suffolk County Permits for Storage Tanks The Suffolk County Bureau of Environmental Engineering issues both a permit to construct and a permit to operate. Plans must be prepared by a professional engineer or architect licensed in the Stat of New York. The Bureau of Environmental Engineering reviews the plans for compliance with Article 7 and Article 12 of the Suffolk County Sanitary Code and all pertinent construction standards and guidelines. Once approved, periodic construction inspections are performed by the Department of Health Services inspectors as the work proceeds. After a satisfactory final inspection, a permit to operate is issued. A permit to operate, the second type of permit issued by the Bureau of Environmental Engineering, is necessary to maintain a gasoline and diesel fuel storage facility. The permit must be renewed annually and a permit renewal fee must be paid in order to renew the permit. The annual fee is calculated on the total volume of storage at a site. Suffolk County Instructions for Toxic/Hazardous Materials Storage Registration The proposed gasoline and diesel USTs must be registered with Suffolk County. The applicant agrees to follow all required procedures to register all proposed tanks with Suffolk County. The applicant must keep a copy of the registration form and mail the remaining copies, plot plan, and fee to: If during site development an UST is unearthed, the County generally required that a registration application be completed (for inventory purposes). If during tank removal product is discovered in soils and to have contacted groundwater (typically evidenced by a sheen on the surface of the groundwater), the County will become involved in the remedial action program. 4.0 PERMITS AND APPROVALS The following approvals and permits will or may be required for the proposed action: NYSDEC 6NYCRR Parts 612 & 613 Bulk Storage -Underground Tanks and Fuel Dispensing and Operator Training Certifications Suffolk County Department of Health Service Article 12 Tank Registration and Design Compliance Standards and Article 7 Sanitary Health Code. Suffolk County Department of Health Services Article 6 Standards for Approvals of Plans & Construction for Sewage Disposal Systems for Other Than Single Family Residences Town of Southold Special Use Exception: Zoning Board of Appeals with coordinated review by the Planning Board for Gas Stations located in the General Business Zoning Use District Town of Southold Zoning Board of Appeals for Area Variance- Canopies Town of Southold Planning Board Site Plan Approval Town of Southold SWPPP Town of Southold Building Permit Suffolk County Department of Public Works for coordination of access with CR 48. Suffolk County Water Authority for connection to the water supply system. 5.0 EXISTING CONDITIONS & ENVIRONMENTAL SETTING 5.1 Existing Site Description The subject site is zoned General Business (B). According to the Southold Town Code, “the purpose of the General Business (B) District is to provide for retail and wholesale commercial development and limited office and industrial development outside of the hamlet central business areas, generally along major highways. It is designed to accommodate uses that benefit from large numbers of motorists, that need fairly large parcels of land and that may involve characteristics such as heavy trucking and noise.” The site was the location of a former RV sales and service center. Youngs Avenue north of CR 48 is characterized by agricultural uses along the east and west sides of the roadway with a fitness center located at the northeast corner of the intersection and residential dwellings along the east side of Youngs Avenue north of CR 48. East of the intersection on the north side of CR 48 is a truck bed liner spray company and automotive service center, and kitchen and flooring business. Directly opposite the site on the east side of Youngs Avenue is a single family residential dwelling. The parcel is zoned residential office (RO) and includes a multi-bay garage facility currently used for landscape contractor equipment storage. South of this parcel is a residential home. South of the site and located on the west side of Youngs Avenue is a hair styling salon in a residential dwelling. To the rear of the site (westerly) is undeveloped land comprised of woodlands, with the development rights purchased by the Town of Southold. This vacant parcel is managed by the Peconic Land Trust and separates the subject site from the nearest westerly structure, O’Malley’s Restaurant. Photographs of the buildings and land use within 500 feet of the site are included in Appendix 19. 5.2 Number of Existing Gas Stations within the Town on County Road 48 The gas station located on County Road 48 and nearest the site is the BP Station, located on the south side (east bound) of CR 48 opposite Henrys Lane in Peconic. This is approximately two miles west of the subject parcel. The existing gas station (BP) is not easily accessed from CR 48 at the Henry Lane median access for westbound vehicles. During the night time this may pose additional difficulties for drivers. The access at the CR 48 median turn lane, opposite Henry Lane does not offer a direct/perpendicular left turn entry into the BP Station. Vehicles at this location must either make a U-turn and weave from the left lane, to the right lane and then turn right, into the BP station’s easterly access point; or turn left at the median access and travel into the CR48 eastbound lanes, and on-coming traffic, to access the BP westerly access point. These movements are likely impossible for a commercial (tri-axel vehicle). The alternative is to drive west pass the gas station and make the left turn at the next turn lane on CR 48 and then access the station. If the existing gas station (BP) on CR 48 opposite Henrys Lane is closed, the next gas station along this roadway (after it becomes Sound Avenue) is located in western Riverhead (Wading River). If the BP station is closed, as during emergency conditions, storm events or when fuel supplies are low, there are no other local gas stations available to travelers along CR 48. Travelers would need to locate a gas station along Main Road (NYS 25). 5.3 Existing Community Characteristics As guideline for establishing the radius distance between the subject site and description of the community characteristics, the applicant has relied upon Town Code 240-10 regarding Existing Resources & Site Analysis Plans (ERSAP) which calls out a radius distance of 500 feet from the proposed development site. Conditions beyond the parcel boundaries may be described on the basis of existing published data available from governmental agencies, and from aerial photographs. Additional pictures are provided in Appendix 19. A description of the land uses within 500 feet of the proposed action are as follows: Roadways- CR 48 a Suffolk County east-west roadway, with shoulder lanes, no designated bike lanes and no sidewalks. The roadway width varies. Within 500 feet of the site the width is approximately 40 feet with one lane east and one lane west. Youngs Avenue is a north-south Town of Southold roadway, approximately 25 feet wide, with no shoulder lanes, no sidewalks and no designated bike lane. The intersection of these two roadways is signalized, with right and left hand turn lanes and no delineated pedestrian crosswalks. South Along Youngs Avenue- Beginning adjacent to the site, on the road west side is Coiffures by Joan (a hair salon)-residential dwelling; and continuing southerly, three additional residential dwellings. Along the road’s east side, nearly opposite the site is a residential/office use, with landscape equipment located in the rear yard, and continuing southerly, a residential dwelling, and undeveloped land/nursery. North Along Youngs Avenue (north of CR 48)- Beginning at the intersection with CR 48 along the west side of the road is agricultural (development right removed). Along the east side of the road, at the intersection is a fitness center (gym), continuing northerly are four residential dwellings. West Along CR 48- Beginning adjacent to the site, on the south side of the road, is undeveloped land privately controlled by the Peconic Land Trust; continuing westerly along the south side of CR 48 is O’Mally’s Restaurant. Along the north side of CR 48 beginning at the intersection of Youngs Avenue is agricultural land (development rights removed); and continuing westerly along the north side is Southold Dental a professional office use. East Along CR 48 – Beginning at the intersection with Youngs Avenue, on the north side of CR 48 is a fitness center; and continuing easterly along the north side of 48 is parking for the fitness center, an automotive repair center, and a retail-office warehouse use. Along the south side of CR 48 beginning at the intersection of Youngs Avenue is vacant land, continuing easterly along the south side of CR48 is a residential dwelling, and open-undeveloped land- nursery. Along CR 48, west of the subject site, the general community characteristics are described as rural and agricultural land use. The visual conditions along the roadway include open vistas of vineyards, farmland, with sporadic food and beverage establishments, retail shops, car dealership, auto repair shops and residential homes. Much of existing development is interspersed among large tracts of agricultural uses. At the vicinity of Youngs Avenue along CR 48 the land uses trend toward a more intense use described as light commercial and business uses, consisting of the former RV sales and service site, fitness center, automotive repair, food service establishments, especially east of Youngs Avenue. / Automotive Service Center CR 48 East of Youngs Avenue / View Looking West from Youngs Avenue & CR 48- Existing Preserved Agricultural Property (Development Rights Purchased) / Fitness Spa View Looking Northeast at Intersection of CR 48 & Youngs Avenue / View Looking East from RV Center Intersection of CR 48 & Youngs Avenue / View Looking East from RV Center-Zoned Business Intersection of CR 48 & Youngs Avenue / Preserved Parcel Located West of the Subject Site / View Looking East from Site at Youngs Avenue Building Parcel Zoned RO with Rear Yard Commercial Use (Landscaping & Equipment Storage) / View Looking West from Youngs Avenue Salon Joan Located South and Adjacent to the Subject Site / Residential Development at Youngs Avenue South of the Subject Site (Beyond 500-ft.) / Commercial Kitchen & Flooring Company General Area Land Uses East of Youngs Avenue on CR 48 / Existing RV Center’s Storage / View Looking West from Youngs Avenue RV Storage Area / BP Gas Station Located on CR 48 (Eastbound travel lanes) Opposite Henrys Lane Approximately 2 miles West of the Subject Site / View Looking South from Henrys Lane BP Gas Station- No Straight Site Access into the Gas Station from Henrys Lane / Gas Station on NYS Route 25 Southold West and South of the Subject Site North of the CR 48 and Youngs Avenue intersection are agricultural and single family residential dwelling on Youngs Avenue. On Youngs Avenue, south of the intersection, the area is dominated by single family residential dwellings, undeveloped lands, agricultural land, and Founders Village, a complex comprised of single family residential homes for seniors. Youngs Avenue is a north-south town road and provides a direct access to Main Street (NYS 25) Southold. The Long Island Rail Road tracks and crossing gates intersect Youngs Avenue and the train station is located at Youngs Avenue and Traveler Street, north of Main Road. At the west side of Youngs Avenue and north side of the rail road tracks is Burt’s Reliable, a fuel oil/home heating oil depot. The facility includes bulk storage of petroleum products in above ground tanks. / Figure 1. Site Location & 500 foot Radius Map 5.4 Groundwater Description Long Island, New York is located along the east coast of the United States. The Island extends approximately 120 miles from New York City to Montauk Point and is generally bounded by the Atlantic Ocean and estuaries along its south coastline and the Long Island Sound and various bays along its north coastline. Long Island has several nationally protected estuaries including the Jamaica Bay Estuary, South Shore Estuary, Long Island Sound and Peconic Estuary. The Island’s geology formed 21,000 years ago during the ice age as the result of glacier movements that created the Harbor Hill Moraine along the north shore and the Ronkonkoma Moraine which borders along the south shore. The Island has four (4) counties, (Kings, Queens, Nassau and Suffolk) and is completely surrounded by salt water. The area’s population of is completely dependent on groundwater for freshwater needs. The source of the freshwater is a groundwater aquifer that is a wedge shape of unconsolidated sands, gravels, silts and clay overlain by glacial deposits of equal geological characteristics. There are three primary aquifers that make up the Island’s hydrogeology, the Upper Glacial aquifer at the top of the wedge; the Magothy aquifer in the middle; and the Lloyd aquifer located below the Magothy and above the underlying bedrock. The Magothy is the primary source of drinking water for Long Island, with the Upper Glacial aquifer having been compromised by industrial and agricultural pollutants and the Lloyd aquifer generally unused for water supply due to its vertical depth and regulations to protect withdrawal. There are two confining units: the Pleistocene Gardiners Clay which restricts flow between the Upper Glacial and the Magothy; and the Raritan confining unit which restricts flow between the Lloyd and Magothy aquifers. Precipitation enters the groundwater system via the highly porous sandy soils and gravels at Long Island’s surface. Groundwater has two hydraulic gradients that cause water to flow in both the vertical and horizontal directions. This characteristic is important for understanding how recharge can convey surface pollutants from the Upper Glacial aquifer vertically into the deeper Magothy aquifer (drinking water source). The horizontal movement of groundwater is driven by the higher elevation of groundwater (creating greater head) moving generally and dominated by southerly and northerly directions toward the Atlantic Ocean and Long Island Sound. The horizontal flow is driven by groundwater mounding; where one can think of a “hill of water” flowing outwardly from the center of the peak in all directions towards the base. The recharged water is split into different directions as it flows away from the peak; where the groundwater flows in opposite horizontal directions is known as the groundwater divide. The vertical flow is relatively fast near the surface of the aquifer, approximately 300 feet per year. Age of the water is calculated by its travel time through the Magothy aquifer; with water nearer the surface estimated to be about 10 years old, near the center 100 years old and at the base of the Magothy aquifer the water is about 500 years old (USGS). This indicates that much of the drinking water on Long Island is drawn from a source with high water quality because this “older water” was from precipitation that fell on the Island long before it was developed. The current New York State, Suffolk County and Town of Southold regulations are specific to underground storage tank storage for the protection of the environment and particularly to protect groundwater. The double wall-cathodic protected tanks and piping, with emergency spill and leak detection devices, assure a high degree of protection against release. The existing regulations are considered sufficient mitigating measures to avoid or minimize a potential adverse impact to groundwater. / Figure 2. Suffolk County’s Aquifer System & Water Balance (Source: Executive Summary Update, January 2014 Suffolk County Comprehensive Water Resources Management Plan) Long Island receives an average of 44-inches of precipitation per year and approximately 50% of this returned to the atmosphere as evapotranspiration (USDA). The water balance from Long Island’s averaged precipitation is equivalent to 1600 MGD, (“Proceedings of the Conference on Water Quality on Long Island” Jan. 26, 1993) with the following accounting summary: 780 MGD lost via evapotranspiration 820 MGD enters hydrologic cycle: 480 MGD enters the groundwater and 340 MGD is stream runoff. 480 MGD is eventually returned to the ocean along the South Shore and 304.6 MGD is discharged to the Long Island Sound along the North Shore. The aquifer system can be thought of as a bubble of freshwater floating on or surrounded by saltwater. The freshwater has a lower density than the salt water so it is “floating” on the saltwater that surrounds the Island. The groundwater quality is generally pure with total dissolved solids at 50 ppm and pH ranging from 4.4 to 6.1. In 2014, the site was the subject of a subsurface investigation conducted by Berninger Environmental, Inc. a consulting firm specializing in groundwater and geology. From onsite soil borings and groundwater monitoring well installed by Berninger, groundwater was recorded at 32.5 to 35.0 feet below ground surface. The groundwater general horizontal flow direction is southerly and southeasterly. 5.6 Water Supply and Sanitary Waste Disposal The facilities at the site are currently supplied water from an onsite private well drilled to an unknown depth, In Southold the depth to groundwater varies from is 13.1 to 262 feet. The on-site potable water well will be abandoned in accordance with the Suffolk County Department of Health Services. Water will be supplied by a new Suffolk County Water Authority (SCWA) connection. The SCWA has confirmed water is available for the project with a connection to the water main located on the north side of CR-48. (Appendix 18). In 2014, the site was the subject of a subsurface investigation conducted by Berninger Environmental, Inc. a consulting firm specializing in groundwater and geology. From onsite soil borings and groundwater monitoring well installed by Berninger, groundwater is at 32.5 to 35 feet below ground surface. Sanitary wastewater will be disposed of in accordance with standards of the Suffolk County Department of Health Services Article 6. The regulations will require the project to either improve or replace the existing septic system and leaching pools. The Health Department will make that determination during the sanitary disposal plan review. As with approved Suffolk County sanitary systems, solid sanitary waste is retained in a subsurface vault where biological activity convert the waste, and liquids overflow from the mass to a leaching pool. The liquids are percolated through the soils to groundwater. The commercial use and expected wastewater flows generated by the facility indicate a standard septic system, properly maintained is an approvable wastewater disposal system. The sanitary flows were projected from the SCDOH, Standards for Approvals of Plans & Construction for Sewage Disposal Systems for Other Than Single Family Residences, December 1, 2009 - Table 1: Project Density Loading Rates & Design Sewage Flow Rates. The estimated hydraulic load for sanitary flow of the convenience store is 0.05 gallons per square foot or 174 gallons per day (GPD) for the proposed action. The SCDOH code permits the applicant to submit approvable plans for a standard septic system, generally consisting of a septic tank for collection of solids associated with sanitary waste disposal and leaching pools for liquid waste flow, and eventual recharge. The action is located within Groundwater Management Zone IV. The maximum sanitary flow for the zone is 600 GPD per 40,000 SF of parcel area. The proposed action will not result in variance requests to the SCDOH under the standards for wastewater disposal. Stormwater and site generated runoff will be contained on site and controlled through the use of on-site leaching pools. The proposed project will conform to Chapter 236 Stormwater of the Town Code. The parcel size, 1.496 (65,166 SF) is greater than one acre (43,560 SF) and a Storm Water Management Pollution Prevention plan (SWMPP) is required. The applicant will provide the SWMPP as part of the site plan process. 5.7 Soils According to the Soil Survey of Suffolk County (USDA-1975) the site is comprised of buildings and paved areas with adjacent and underlying areas of Riverhead and Haven Soils 0-8% (RhB). The Riverhead Series are well drained, moderately coarse, textured soils, in a loamy or silty mantle over course sands and gravels. The Haven Series are well drained medium texture in loamy or silty mantle over course sands and gravels. Site soils represent soils with moderate to rapid permeability. 6.0 COMMUNITY CHARACTER 6.1 Suffolk County The Suffolk County Planning Commission Updated Comprehensive Plan (2014) the “Framework for the Future – Suffolk County Comprehensive Master Plan 2035” describes the North Fork Area and Southold. The Plan states, “Eastern Suffolk County as a popular tourist destination. In addition, the County is home to one of the largest concentrations of second homes of any county in the nation. There are 37,000 second homes in eastern Suffolk, which draw approximately 160,000 part-time residents to the area during the summer months and on weekends. Only eight counties nationwide have more seasonal homes than the County. There are more than 5,600 lodging rooms located in eastern Suffolk, ranging from luxurious boutique hotels and bed & breakfast inns to traditional motels. These lodging properties draw thousands of tourists to the County’s east end throughout the year, but primarily in the summer months. The Suffolk County Division of Planning & Environment estimates that the population in eastern Suffolk increases by more than 230,000 people during peak summer times due to tourism, which more than doubles the year-round population. Due to its proximity to New York City, the County is well situated to serve the vacation needs of this market.” Relevant to the proposed action, the Plan identified the following approaches to increasing tourism in Suffolk County and in Eastern Suffolk: Continue to collaborate with the tourism sector to better address Suffolk County’s tourism needs, including use of technology to improve connectivity between transit users and tourism destinations. Develop incentives to grow the tourism industry. Develop regional marketing strategy. Work with Long Island MacArthur Airport to assist in the growth of the tourism industry. The Plan also recognizes that the agricultural character of Suffolk County is unique and holds strategic advantages for local tourism and weekend travel because of its proximity to lucrative markets (Manhattan, Brooklyn, the South Fork) and the strong “locavore” movement (the trend toward eating food that is locally produced). Southold has enjoyed the benefits of preserving agricultural properties that are the core of the agri-tourism economy. CR 48 is the main transportation link for Eastern Suffolk County for the Orient, NY to New London, CT ferries. This transportation system not only serves the agri-tourist destinations but also the commercial trucking industry hauling cargo between Long Island and New England. The transportation, economic development, housing and environmental initiatives outlined in the Framework for the Future – Suffolk County Comprehensive Master Plan 2035, whether they are regional or local in scale; high or modest cost; long- or short-term duration, will change the landscape in ways that will improve how people live, work and play in Suffolk County. The initiatives help to address how and where: Transit and transportation infrastructure and facilities are provided and improved. Economic development occurs and jobs are created. Demands for housing are met. Natural resources are protected and managed to meet the essential needs for safe drinking water, clean air, protected open space and productive marine ecosystems. Transportation, economic development, housing and environmental protection improvements are designed to achieve sustainable and resilient benefits that will accrue to the region in the event of severe storm occurrence and climate change in the future. The location of a second fuel station on CR 48 is not inconsistent with the recommendations of the County Planning Commission’s goals. In order to build the recommended objective of a 21st Century Transit Network to Provide More Transportation Choices to Improve Mobility, Access, and Safety Develop a range of transportation choices to decrease household transportation costs, improve air quality, reduce greenhouse gas emissions and promote public health. In 1992, the New York State Legislature recognized and identified  New York State Route 25 and Suffolk County Route 48 (the two primary roadways in the Town) as Scenic Byways. The transportation corridors are representative of the region's scenic, recreational, cul tural, Historic, natural and archaeological significance.   The proposed location for the new station is at the easterly terminus of what may be considered Southold’s Scenic Corridor comprised of agricultural land and open vistas. The fuel station’s location will support the Town’s Comprehensive Plan goal to direct commercial traffic to CR 48 as vehicles travel between Orient and Riverhead. The proposed location mitigates impacts of additional traffic onto the local north-south roadways to NYS 25 where commercial vehicle traffic may generate traffic and noise impacts. The existing gas station (BP) is not easily accessed from CR 48 at Henrys Lane for westbound vehicles, and during the night time may pose additional difficulties for drivers. The BP access at the CR 48 turn lane opposite Henrys Lane does not offer a direct/perpendicular left turn entry into the station. Vehicles at this location must either make a U-turn and weave from the left lane to the right lane and turn right into the BP station’s easterly access point; or turn left and travel into the CR 48 eastbound lanes, and oncoming traffic, to access the BP westerly access point. These movements are likely impossible for a commercial (triaxle vehicle). The alternative is to drive west passed the gas station and make a left turn at the next turn lane on CR 48 and then access the station. IF the existing gas station (BP) on CR 48 opposite Henrys Lane is closed, the next gas station along this roadway (after it becomes Sound Avenue) is located in western Riverhead (Wading River). 6.2 Southold Town Throughout the centuries the Town of Southold has celebrated its scenic quality. The Town’s Comprehensive Plan 2020 proposed the Town Board, Planning Board and Committees develop a Town Scenic Resources Map to protect view sheds during the application process and include assessments during SEQRA reviews. The community has identified scenic resources as important i n past studies and plans; including scenic viewsheds from public lands and waters.   The culture of the Town shaped these qualities and evolved around them, prompting local, state and regional recog nition.  Southold’s scenic quality is one of the most important economic and social assets of the Town.  According to Section 4.5 Community Character of the Southold 2020 Comprehensive Plan, goals include: Develop streetscape plans for NYS 25 from Akerly Pond Road to Beixedon Road Avenue and County Route 48 from Horton Lane to Boisseau Avenue.  Divert truck traffic to County Route  48. Increase intensity of use of Silversmith’s Corner for picnics, games, summer events and  activities. Encourage the continued operation of the Post Office.  Southold plans to manage important sc enic resources include the following objectives (goals in italics are assumed to apply to the subject application based on its location and or description):  Avoid structures or activities which int roduce visual interruptions to important scenic resources. Review  the  Town  of  Southold  Town  Code  Chapter  197,  Peddlers,  Solicitors  and  Transient Retail Merchants to prohibit the siting of incompatible uses on scenic by‐ ways.  Review the Town of Southold Town Code to determine the appropriateness of  structures and landscaping (fences, hedges) capable of hindering scenic views.   Strengthen litter laws to prevent illegal dumping in open space and scenic areas,  including on beaches.  Consider  implementing  the  guidelines  specified  in  the  Suffolk  County  Farmland  Committee’s  Greenhouse  Structures:  2008  Guidelines  for  Parcels  with  County‐Purchased  Development  Rights  (“PDR”).  Improve  the  application  review  processes  through  the  development  of  mandatory  design  standards by 2013 to guide the introduction of structures in scenic landscapes and waterscapes.  Minimize impairment of dynamic landscape and waterscape elements that contribute to visual qualities. The Town’s character has been celebrated and recorded throughout history in all media and formats. Work with the New York Department of Environmental Conservation to designate  incompatible uses within a Scenic Byway and important scenic view sheds as Type I  actions under SEQRA to  achieve better assessment of action on scenic impacts.   Amend SEQRA Type I action list threshold to include any actions that  propose:  Clearing of greater than or equal to 10 acres or set percenta ge for residential use.   Propose greater than or equal to 20 residential lots on a single parcel located adjacent to New York State Scenic Byway; or adjacent to a public shoreline or visible from pu blic  surface waters.  Results in the permanent coverage of greater than or equal to 1000 square feet of public  surface waters.  Strengthen the management of important scenic view sheds from New  York State Route 25, Suffolk  County Route 48 and Town roadways.  Form a Scenic Resource Management working group by 2014 to update, expand and implement the Scenic Southold Corridor Manag ement Plan. Correlate the Town Scenic Resources Map to management and preservation strategies  for scenicresources experienced from Town roadways and public areas.  Review uses in zoning districts  located on the Towns Scenic Byways, Town roadways to evaluate  appropriateness  to  Town  Scenic  Byway  Goals  and  scenic  management strategies to insure that the area views include vistas of fa rm fields & open space.  Develop and implement a Scenic Resource Overlay District by 2014 and implement site and structure design parameters, including scenic easement applications.  Improve the coor dinated framework for law enforcement and application processing for multiagency participation or review to assure compliance with the Town’s Scenic Bywaygoals. Work with New York State Department of  Transportation to eliminate roadside parkingalong State Route 25 at Ferry Terminal.  Forge  relationships  with  the  New  York  Department  of  Transportation  and  Suffolk  CountyDepartment of Pub lic Works to develop and implement a roadway beautification or "adopt‐a-road" program.  Adopt a no‐net loss street tree policy and encourage the New York State Department of Transportation and Suffol k County Department of Public Works to replace trees. Encourage the Suffolk County Department of Public Works to landscape medians of County Route 48  with wildflowers.  Work with Long Island Powe r Authority and other applicable entities to improve  Southold’s Tree  Trimming Notification protocol.  Preserve existing, indigenous vegetation which contributes to the scenic quality of  the  landscape through the incorporation of these areas in site design or perpetual  conservation measures.  Develop a tree mitigation bank managed by the Southold Tree Committ ee by 2013 to  allow for donations  of trees and/or monies where the Planning Board determines that  street trees should be waived and not  practical in site design.  Ensure  that  appropriate  visual  screening  (in  accordance  with  Article  XXI  of  the  Southold  Zoning  Ordinance) exists between business, industrial and residential zones  such that landmarks and  focal points  are enhanced, and visually corrosive elements are  screened.  Acknowledge the context of the area in which screening must occur, and be sensitive to  the character of the hamlet.   Establish planting guidelines and preferred vegetative species lists which can b e  integrated into planters, roadside public gardens and highway meridians.   Allow for selective pruning, clearing of vegetation to enhance and provide public views  including the clearing of the nuisance species common reed (Phragmites australis) and  Japanese knotweed (Fallopia  japonica).   Prevent erosion of scenic qualities of important places, sites, a nd gateways by enforcing the existing sign  code and strengthening the Town code language to prohibit and removeobtrusive structures, objects  (unauthorized  vehicle  sales,  excess  and  non‐conforming  signage  and  non‐conforming  lighting)  and  actions.  Amend  Chapter  240  Subdivision  of  Land  and  Chapter  280  Zoning  to  require  multiphased  construction projects tha t are visible in current and future public, scenic, view sheds to provide long  term screening.  Control prolific signage through the development of a new enforcement protocols. Consider amending si gn code as recommended by the RBA Group North Fork Trail  Scenic Byway  Inventory and Assessment (2008)  Educate business owners about common types of illegal displays, signs, lighting, and us e of public rights of ways especially on Main Streets, NYS Route 25 and County Route 48.  Scenic Resources An important goal for Southold is to preserve important scenic resources.    To achieve preservation of scenic resources the Town identified the following objectives, items in italics are relevant to the applicant’s participation to meet the Town’s goals:  Continue to preserve  important scenic vistas by the use of Community Preservation Project Plan funds to purchase fee title, development rights and/or scenic easements.  Correlate the Scenic Resources Map with the Commun ity Preservation Map to identify relevant parcels offering scenic views, including parcels offering scenicwaterscape views.  Enhance scenic qualities through design standards and recognition of inno vative site  planning and architecture in public and private development projects.  Project design is the most costly and consuming aspect of applications.  The Town  improving processes to reduce the cost to applicants.  In the future, the Town will  provide more  guidance in project design and improved efficiency, user friendliness and  communication between the  public and Town departments in the earlier stages of the  application processes.  To better assist the public in meeting scenic preservation goals, the Town will develo p  and implement architectural design guidelines for residential and commercial uses by  2014.   Design guidelines will provide basic information and make recommendations about  what elements could be included as part of a land use application. Guidelines will not address all the design issues relevant to a proposed plan.  The intent of the guidelines will be to achieve a clear understanding of critical site and  design issues that need t o be addressed.  This approach should result in a more efficient  process which in turn will reduce costs.  The applicant will work with the Town of Southold’s Planning Board to develop designs that are compatible with the goals of the Comprehensive Plan . Town of Southold 2020 Comprehensive Plan Community Character Objectives included the following statements:  Develop voluntary  structural design standards for residential architecture by 2012 to  conserve and  support the design characteristics and qualities of individual  neighborhoods and hamlet s that make them  attractive and unique.   Use  appropriate  siting,  scales,  forms,  and  materials  to  ensure  that  structures  and  site  design are compatible with and add interest to  existing scenic components.  Promote  the  establishment  of  sustainable  structures through LEED/Energy Star standards  in new development and redevelopment.  The application does not involve residential structures.   Develop mandatory architectural design standards for commercial uses by 2014 to  conserve and support  the  design  characteristics  and  qualities  of  individual  neighborhoods  and  hamlets  that  make  them  attractive and unique.   Develop a municipal parking plan for each hamlet center.  Create a parking bank t o allow the buyout of parking on site plans.  Monies are to be  used to maintain and/or expand municipal parking lots.  The applicant will comply with design standards developed with the Town to maintain the community and neighborhood character. The re-purposing of the existing building, appropriate exterior details and lighting and enhanced landscaping will improve the existing site’s visual conditions. Officially recognize businesses that strive to meet Town Goals with letters of recognition from Southold Town Board/Supervisor.   The applicant welcomes an opportunity to be recognized as setting a new standard for the development of gas stations that are reflective of Southold’s traditional architecture and scenic resources. Develop streetscape plans for each hamlet by 2014 to emphasize human scale, pedestrian safety and  connectivity and respect historic precedents and typologies in the hamlet  centers. The plans should  include  but  not  be  limited  to  addressing  site  design,  architectural  design,  pedestrian  movement,  The applicant shall continue to advance the architectural designs of the building and canopy, provide landscaping and lighting to identify the site as a connection to the Town of Southold. Because Youngs Avenue is an important access point to Main Street, the site will be designed as a focal point for local destination tourists to appreciate Southold’s historic and scenic resources. This aspect will help link the B district to the surrounding edges of the hamlet. 6.3 New York State North Shore Heritage Area Management Plan The New York State North Shore Heritage Area Management Plan (HAMP) was developed by the Department of State as a planning tool for north shore communities located within the study area. The HAMP is included in Appendix 24. Section C.O addressed recreation, visitation and tourism and states the Area is well suited for recreation, and leisure activities because of its natural, historic and cultural resources. According to HAMP data: Visitors to the Long Island North Shore Heritage Area are: Mature- average age is 42, and 61% are over the age of 35 Affluent- annual household income average of $77,000, with 56% involved in professional and technical fields Well educated- 47% college graduates Arrive by car- 74% arrive by automobile from an average travel distance of 486 miles Residents of the Long Island North Shore Heritage Area are: Aging with a fast growing 65 and over population Out-migration of 18-34 year olds Affluent-42% have annual household income of $75,000 and 42% are professionals or in a technical occupation Have strong identification with their homes, culture and history Likely to remain close to home for social interests Members of an automobile culture-85% of daily travel is by car The Long Island NSHAMP does ignore the significance of vehicular use as the primary mode of transportation by the area’s residents and for access to the area by tourists. The data also states the significance to the area’s economy generated by the visitor industry. This important economic sector includes employment income in tourism-related industries including gasoline service stations. The Long Island NSHAMP states for Southold, there were 33 cultural resources inventoried, generally along Route 25 and Sound Avenue. There were 36 intrinsic resources inventoried primarily in clusters along Route 25, although also located throughout the town, with 53 maritime resources identified. O’Malley’s Restaurant is listed as an intrinsic resource for tourism. The Plan identified 115 tourisms resources in Southold. Architectural style was defined as “Harvest Coast.” The Harvest Coast style includes white clapboard churches; Cape Cod style homes such as the Thomas Moore House (circa 1658); and the “Old House” or Budd-Hornton House (circa 1649). Scenic resources are defined as existing and potential scenic destinations and routes that offer an attractive driving experience. One of the enhancement that was identified for the promotion of tourism and economic revitalization in the Long Island North Shore Heritage Area that is relevant to the proposed action beatification of roads with wildflower plantings specifically along CR 48. A review of the Plan did not identify any specific conflicts with the proposed gas station as a land use or a specific resources that would be adversely and significantly impacted by the proposed action. The nearest intrinsic resource identified in the 2005 Plan was O’Malley’s Restaurant as a value to tourism. The restaurant is located approximately 500 feet west on the proposed action, along the east bound lane (south side) of CR 48. The identification of automobile use by approximately 85% of the residents within the study area and 74% of the area’s visitors is an important recognition. A gas station on CR 48, that would serve the resident and visitor needs associated with car travel and not in direct conflict with resources identified by the Plan is not considered inconsistent with the New York State North Shore Heritage Area Management Plan. 6.4 Photo Simulations and Renderings As requested by the Lead Agency, a photo simulation was completed by Artistic Engineering and the full result is included in Appendix 26 through 28. The plan identified the use of the existing building along with some additional landscaping and two canopies. As requested, the renderings show a “no-build” scenario and two alternatives. Alternative A (Appendix 27) shows two canopies (one in the front of the building and one in the back) and Alternative B (Appendix 28) which shows only one canopy in the back of the building. Still renders (Appendix 26) were also provided which show the proposed gas station in more detail from the angles depicted. The site was designed with Southold Town’s Comprehensive Plan 2020 in mind. Items that specifically comply are: Architecture that blends with the surrounding agricultural character including grey cedar shake siding with matching canopies, natural stone accents, split rail fencing and natural stone landscaping elements. Placement of dumpster and air compressor towards the rear of the property, away from plain sight. Use of hedge rows to screen the parking areas from headlight glare. The proposed gas station blends with the existing character of the neighborhood and helps preserve the view sheds. The architecture is similar to the surrounding area and there are no obstructions proposed that would negatively impact the view or the corridor. In comparison to the existing conditions, the proposed site plan will serve to clean up the area and better connect the site to the surrounding agriculturally rich area. 7.0 ENVIRONMENTAL IMPACT POTENTIAL & MITIGATING MEASURES 7.1 Town of Southold Local Law Impact on human health will be mitigated by compliance with Town, County and State legislation for the construction and operation of partial self-service gasoline service stations. Suffolk County and New York State regulations have been discussed under Section 3.0 Operations and Safety. Local legislation also protects human health from potential impacts associated with gasoline dispensing stations. In accordance with the Town of Southold Code provisions of section 280-48 B (12) the requirements are stated with a description in italics of the applicant’s compliance. (a) Each partial self-service gasoline facility shall have a qualified attendant on duty whenever the station is open for business. It shall be the duty of the qualified attendant to control and operate both the console regulating the flow of gasoline to the dispensing equipment thereafter to be operated by the customer at the self-service pump island and the dispensing equipment on the other pump islands. Compliance: The NYSDEC requires standards for qualified gasoline station operators and the passing of a State exam. The applicant will provide attendants that are: Class A Operator The individual who has primary responsibility to operate and maintain the UST system(s) at a facility in accordance with applicable requirements of the PBS and/or CBS regulations. The Class A Operator typically manages resources and personnel to achieve and maintain compliance with the requirements of those regulations. Class B Operator The individual who has day-to-day responsibility for implementing applicable requirements of the PBS and/or CBS regulations. The Class B Operator typically implements field aspects of operation, maintenance, and associated recordkeeping for the UST system. Class A/B Operator An individual who has both A and B Operator responsibilities Class C Operator The individual who has primary responsibility for initially addressing emergencies presented by a spill or release from an UST system. A PBS Class C Operator typically controls or monitors the dispensing or sale of petroleum. (b) Gasoline shall at no time be dispensed without the direct supervision of the qualified attendant. A control shall be provided which will shut off the flow of gasoline to the dispensing equipment at the self-service pump island whenever the qualified attendant is absent from the control console for any reason whatever, including when he is operating the dispensing equipment on the other pump islands. Compliance: The gas station shall not be operated without an attendant present. The attendant shall meet the minimum NYSDEC requirements as a Class C operator. Pumps shall be turn off if there is no onsite operator present. A Class A and Class B shall be available within a 30-minute travel time to the site. (c) The console regulating the flow of gasoline to the remote dispensing equipment thereafter operated by the customer at the self-service pump island shall be situated in such a manner as to give the qualified attendant controlling said console an unobstructed view of the operation of said remote dispensing equipment. Compliance: The site plan provides positioning of the building for operator view. The applicant will install closed circuit remote cameras that provide the operator with full view of the pumps at all times of operation. (d) The self-service pump island shall have controls on all pumps that will permit said pumps to operate only when a dispensing nozzle is removed from its bracket on the pump and the switch for this pump is manually operated. Compliance: The pumps will comply with the standard and details will be available for review. (e) The self-service pump island shall be protected by an automatic fire-protection system in the form of an approved system of dry powder release which will act as an automatic fire extinguisher. Compliance: The facility will install the fire suppression system in accordance the local code. The applicant will comply with Southold Town local law, recommendations by design professional, codes of the National Fire Protection Association (NFPA), recommendations by the Suffolk County Fire Service and local fire marshal. (f) No customer shall be permitted to dispense gasoline unless he shall possess a valid motor vehicle operator's license. Compliance: The applicant will post signage at the pump and in the operator’s building stating. “WARNING : All Customers: To dispense gasoline a valid motor vehicle operator's license is required.” (g) There shall be no latch-open device on any self-service dispensing nozzle. Compliance: The applicant will provide self-service dispensing nozzles with no latch open device and post signage that no customer attachments are permit to by-pass this requirement. / Typical Signage on Fuel Pumps The applicant will also include a statement “Valid Motor Vehicle Operator License Required for Use” 7.2 Unearthing of a Spill and Water Resources On site qualified environmental professional(s) experienced in identifying petroleum product release and investigation protocols will be present during excavation. In the event a spill has occurred the onsite professional will contact the NYSDEC and initiate the spill response protocols (App. 4-10). The Town of Southold identified concern over the past (1960-70s) operation of a gas station at the site, and what response would be undertaken if during site development a spill was unearthed. NYSDEC Spill Response Unit has protocols designed to address unearthing of a spill associated with past use of the site as a gas station. In general terms the NYSDEC must be contacted and spill investigation and response plan developed for their review. The procedures can be found in the NYSDEC’s Bureau of Spill Prevention and Response (BSPR) Manual for: TECHNICAL FIELD GUIDANCE SITE INVESTIGATION PROCEDURES INCLUDING: OVERVIEW OF SPILL RESPONSE PROGRAM; ENFORCEMENT OF SPILLER RESPONSIBILITY; ACCESS AND RIGHT-OF-ENTRY, CORRECTIVE ACTION, ETC. The complete document is included in Appendix 4. A copy of this manual shall be on-site for station operators to initiate contact with the DEC, if necessary. The BSPR also provides a manual titled, TECHNICAL PROCEDURAL GUIDANCE: PERSONAL HEALTH AND SAFETY PROTECTION. The site specific Health and Safety Plan (HASP) must be submitted to the NYSDEC before onsite sample collection, investigations or contractor related work can commence. The HASP includes contact information for local emergency responders (Southold Fire Department, EMS, hospital and heal care facilities, utility companies, etc.) and maps the routes for response times. NYSDEC provides policy on contaminated soil clean up objectives under CP-51 / Soil Cleanup Guidance, October 21, 2010. The policy provides the framework and procedures for the selection of soil cleanup levels appropriate for each of the remedial programs in the New York State Department of Environmental Conservation (DEC) Division of Environmental Remediation (DER) and Resource Conservation and Recovery Act (RCRA). The current policy is used in conjunction with the applicable statutes, regulations and guidance. Site specific soil cleanup levels, determined in accordance with this guidance, are only applied after: The site, or area of concern, is fully investigated to determine the nature and extent of contamination; All sources of contamination are addressed consistent with the hierarchy provided in 6 NYCRR 375-1.8(c) or consistent with the RCRA Corrective Action Program (as appropriate); Groundwater, if contaminated, has been evaluated for appropriate remedial actions consistent with 6 NYCRR 375-1.8(d) or consistent with the RCRA Corrective Action Program (as appropriate); and Impacts on adjacent residential properties, surface water and aquatic ecological resources are evaluated, as well as indoor air, soil vapor, vapor intrusion and other appropriate media. General Procedures for Gasoline Spill Investigations and Remedial Actions: The NYSDEC regulations described above are applicable to the site if a release of product was discovered during site development. The list of NYSDEC protocols that the applicant is required to follow is listed in Appendix 4-10. Only NYSDEC can approve a spill response plan. As requested by the Lead Agency, a generic approach to a gasoline spill/tank removal site investigation and cleanup is outlined below: Once a release is suspected the NYSDEC Spill Response Hotline is contacted and a Spill Number is assigned to the site. As records and general information is collected (dates, ownership, magnitude of the spill, product type, etc.) as NYSDEC Spill Response contact person is assigned to the project. A proposed site investigation work plan is submitted to the NYSDEC for review and eventual approval. The plan includes defining the limits and the source of the contamination, the depth to groundwater and the soil characteristics. For USTs, ground penetrating radar is a common technique used for buried tank location. Radar is used to search for subsurface anomalies that indicate a tank may be present. A test hole is then used to probe the anomalies and confirm if the object is a tank. All proposed water and soil sample locations are identified on a sampling map. A Health and Safety Plan (HASP) is submitted to identify health risks, emergency response procedures, emergency contacts, routes to hospitals and evacuation routes. Utility companies are contacted for mark-outs. The NYSDEC must approve the site investigative work plan before action can be initiated. Field investigations involve shovel test holes to investigate subsurface conditions to a depth of 4-feet. Typically a Geo-Probe is used for soil sample collection. The mobile machine uses hydraulics to press a hollow split-core tube through the soil to groundwater. As the split core is extracted and opened, soil boring samples are examined and described using USDA Soil Taxonomy or when anomalies occur along the soil core (discoloration, particle size variation, odors). Samples are collected and description recorded at each 2-foot interval beginning at 0-2-ft below ground surface (BGS); 2-4 ft BGS, 4-8 ft BGS, et cetera until groundwater is encountered, or until conditions are unchanged. A hand held photo-ionization detector (PID) is used to do an initial scan of the soil sample for volatile and semi-volatile organic compounds (VOCs and SVOCs). Soil samples are placed in clean glass jars, labeled with sample number, soil depth, site identification, date, collector name, and packaged for chemical compound analyses by a New York State certified laboratory. Lab tests are completed within 48 hours. Protocols follow the USEPA 8260 (VOCs) and 8270BN (Semi-VOCs) criteria. Once the soil borings are completed, additional borings are conducted to construct up-gradient and down-gradient groundwater monitoring wells installation in accordance with NYSDEC approved groundwater monitoring well procedures. The well casings are typically PVC. Water levels are measured in the field and water samples are collected, identified, preserved and sent to a qualified lab for analyses again for SOVs and VOCs as well as MTBE. Petroleum product “signatures” are used to identify specific characteristics of the product. If samples indicate contamination then a Remedial Action Work Plan is prepared and submitted to the NYSDEC. If groundwater samples indicate contamination the Suffolk County Health Department is contacted and coordinated with as well. The soil cleanup standard will be decided on by the NYSDEC. Typically the quality of soils will depend on type of contaminant, site use, potential impacts, and NYSDEC Soil Cleanup Objectives, Excavated soils temporarily stored on site are placed on plastic sheeting, then covered with additional plastic sheeting to minimize runoff. A berm is placed around the storage area. In some situation the NYSDEC may allow the soil contaminants to volatilize until the contaminant level in the soil is no longer a concern. Gasoline contaminated soils have been allowed to volatilize on site, and be used as backfill on site. In other situations soils may be disposed of offsite at a NYSDEC approved disposal facility. The decisions is based on background soil samples and final use of the site. An UST would be removed and the soils beneath the tank sampled for SVOCs and VOCs until either clean soil is located or groundwater encountered. The tank must be registered with Suffolk County in accordance with the aforementioned procedures before it can be removed and disposed of. If the tank contains residual product, the material must be pumped out and disposed of. In situations where structures located in close proximity to the UST, and removal of the tank may compromise the integrity the structure, NYSDEC will consider filling the emptied tank with an inert material (concrete or sand). The site may be restored with clean aggregate fill. Groundwater remedial actions are varied. The State may require pump and treat (such as activated carbon filtration), in-situ treatment (air sparging), or groundwater monitoring programs and sample analyses to observe the plume migration, potential receptor sites and water quality. Spill closure requires the NYSDEC to evaluate the potential need for long term groundwater monitoring of the site. The cleanup activity is not complete until the NYSDEC issues a closure notice. Actual On-Site Investigations- May 2014 In May 2014, the site was the subject of a subsurface investigation, conducted by Berninger Environmental, Inc. Three (3) soil borings were performed in the vicinity of a suspected petroleum UST. Soil samples from these borings and samples collected from the area of a suspected septic pool, drain pool and storm drain pool at the rear of the building were also collected. The samples were analyzed for VOCs and Semi-VOCs in accordance with USEPA methods 8260 and 8270 BN respectively. On site PID readings were conducted during the soil sampling program. Two (2) groundwater samples were collected from each soil boring located where a suspected UST was formerly thought to have been located (based on interviews). Lab results from the groundwater samples were compared to the NYS Standards outlined in the TOGS document described above. Two minor detections of less than 1.5 parts per billion were recorded. Two (2) groundwater samples were collected from each soil boring located where a suspected UST was formerly thought to have been located (based on interviews). Lab results from the groundwater samples were compared to the NYS Standards outlined in the TOGS document described above. Two minor detections of less than 1.5 parts per billion were recorded. Floor drain soil samples and a composite soil sample from a storm drain located at the rear of the building did detect Semi-volatile organic compounds including levels that exceeded the Suffolk County Department of Health Action Levels. The Summary of Findings prepared by Berninger recommended these storm drains be cleaned out and end point samples collected and analyzed. The applicant agrees to the implementation of the recommendations. The conclusions, based on lab results of soil and groundwater analyses did not indicate any environmental concerns. Based on the Berninger investigation, the suggestion that a spill has occurred and requires remediation is unsubstantiated. As is required by the NYSDEC, if subsurface conditions indicate a spill has occurred the Spill Response Unit will be contacted and NYSDEC protocols will be followed by the applicant. Local Groundwater The sanitary flows were projected from the SCDOH, Standards for Approvals of Plans & Construction for Sewage Disposal Systems for Other Than Single Family Residences, December 1, 2009 - Table 1: Project Density Loading Rates & Design Sewage Flow Rates. The estimated hydraulic load for sanitary flow of the convenience store is 0.05 gallons per square foot or 174 gallons per day (GPD) for the proposed action. The SCDOH code permits the applicant to submit approvable plans for a standard septic system, generally consisting of a septic tank for collection of solids associated with sanitary waste disposal and leaching pools for liquid waste flow, and eventual recharge. The action is located within Groundwater Management Zone IV. The maximum sanitary flow for the zone is 600 GPD per 40,000 SF of parcel area. Upgrades to the existing on-site wastewater disposal system are determined by the SCDOH. As the SCDOH is an involved agency pursuant to SEQRA no sanitary system design approvals will be granted or denied until the SEQRA process has concluded. Therefore final sanitary designs and approvals are best described as pending, albeit there are no significant impacts anticipated by the use of standard SCDOH designs for compliance with wastewater disposal. The site will be provided potable water supply form the Suffolk County Water Authority (SCWA), and the existing on-site well will be closed in accordance with NYSDEC well closer requirements and required by the water service connection. A back flow prevention device (RPZ valve) will be required by the SCWA, to prevent backflow. The Lead Agency requested information be provided by SCWA regarding the location of public supply wells. SCWA provided the location of public water supply wells within 2,500-ft. of the subject site. The nearest wells are located 2,033-ft. northeast of the site, north of Old North Road. Other SCWA wells are located at CR 48 west of the site and at a location east of Kennys Road; each location is beyond the distance of 2,500 ft. The impact from the proposed action on the quantity and quality of the groundwater contained within and drawn from Long Island’s sole source aquifer as a supply of potable drinking water will not be adversely impacted. The SCDOH and NYSDEC UST regulations for gas stations were developed specifically for groundwater protection within Suffolk County. The proposed action will comply with the design, construction and operational procedures set forth by these standards, which shall provide adequate mitigation to avoid adverse impact to local and regional water resources. Leaching pools are incorporated into the site design for control of site generated stormwater runoff. Collected run off will be recharged to groundwater via leaching pools. Groundwater will not be adversely impacted. 7.3 Noise Noise evaluation was required by the Lead Agency to measure existing background noise level. A noise meter (Decibel 10th version 4.3.5) was used at the following locations dates and times. On Friday June 24, at approximately 1400 hours, ambient noise levels were recorded at the property line of the site near the CR 48 and Youngs Avenue intersection using hand held noise meter. The existing condition noise monitoring recorded an average range of 60-68 dBA (App 11). Additional noise levels were recorded in November 2016 to inspect sound levels along Youngs Avenue at nearby residential properties. Noise levels at the active BP gas station at CR 48 were recorded the same day with an average of 68 DbA at the entrance and 62 at the pump areas. The vacuum cleaner at this facility was operated and noise level recorded five feet from the vacuum machine was 87 dBA and consistent with the standard expected from vacuum cleaner sound. For each cycle paid for, the machine operates for 5-minutes. The 87 dBA is slightly higher than the maximum threshold of 85 dBA for an eight hour time period. Vacuum noise level data is included in Appendix 12, 13 and 14. The primary source of noise at the existing site and at the BP gas station on CR 48 is roadway vehicle traffic. The proposed action further complies as there will be no amplified music played or other amplified sounds. There will be no noise above that which currently occurs from existing traffic. Section 180-6 Standards No person shall create or cause to be emitted any noise pollution which when measured on a sound-level meter from the property line of a complaining property owner exceeds the following standards: A. Sunday through Thursday: (1) From 7:00 a.m. to 7:00 p.m., airborne or amplified sound in excess of 65 dBA; and (2) From 7:00 p.m. to 7:00 a.m., airborne or amplified sound in excess of 50 dBA. B. Friday and Saturday: (1) From 7:00 a.m. to 11:00 p.m., airborne or amplified sound in excess of 65 dBA; and (2) From 11:00 p.m. to 7:00 a.m., airborne or amplified sound in excess of 50 dBA. Section 180-7 Exceptions: For the proposed action the relevant exceptions to the Code are: (2) Construction activities between 7:00 a.m. through 7:00 p.m. and the associated use of construction devices or the noise produced thereby, provided that such activities and such equipment and their use comply with the other provisions hereof. (5) Noise from snowblowers, snowthrowers and snowplows when operated with a muffler for the purpose of snow removal. (11) Emergency construction or repair work. (14) Emergency stationary and mobile signal devices. (15) Audible exterior burglar alarms in operation for 15 minutes or less. The proposed location of the air compressor (for tire inflation) is approximately 33-feet from the (nearest) westerly property line, and buffered by the site’s landscaping. The unoccupied parcel to the west (managed by the Peconic Land Trust) indicates that a person is unlikely to be impacted by machine noise and provides for adequate mitigating measures against nuisance noise impacts to local residents. Noise level measurements at the BP Station on CR 48 were recorded on June 24, 2016 in the range of 60-68 dBA. The primary source of the noise is vehicular traffic traveling along CR 48. Air compressors, HVAC equipment, generators were either not components of the facility or the noise levels from the equipment was below the background sound generated by the highway traffic. The chart below compares sound levels generated by the equipment associated with the facility to background sources. / The Lead Agency’s September 13, 2016 comments on the DEIS requested additional noise assessments to address properties to the south and the east. Noise measurements at the subject site property line and at residential properties along Youngs Avenue at these locations were recorded at: East Property Line: Ambient average noise levels were measured at 60-62 dBA with the primary source determined to be traffic along Youngs Avenue. Maximum level was 87 dBA (tractor trailer southbound). South Property Line: Ambient average noise levels were measured at 58-62 dBA with the primary source determined to be traffic along Youngs Avenue. Maximum level was 87 dBA (tractor trailer southbound). Section 180-6 noise level standards state, “No person shall create or cause to be emitted any noise pollution which when measured on a sound-level meter from the property line of a complaining property owner.” The Lead Agency’s comments did not provide information or record of “complaining property owners” or potential sources of noise generation that may have created a complaint. The noise assessments conducted at the BP gas station were used to evaluate impact potential on adjacent properties from an operating gas station located on CR 48. The primary source of the maximum, sustained noise levels recorded at the BP site were identified as vehicular traffic. The temporary vacuum noise level diminished significantly as the distance between the vacuum and the receptor increased, until at the property line, the vehicular traffic noise levels were the dominant noise generator. Motor vehicles using the proposed site are required to shut off motors during fueling operations and signage, stating “VEHICLE IDLING ZONE- TURN OFF YOUR VEHICLE” is recommended to avoid unnecessary noise sources from vehicles idling (for convenience store customers). The residential properties in the vicinity of the site also periodically generate noise from leaf blowers, lawn mowers, music, and vehicular traffic. These are common residential neighborhood sounds. The CR 48 traffic corridor is not within the management of the applicant. However the Town of Southold may consider signage along the roadway for commercial truck driver not to “Jake Brake.” The general definition of Jake Braking is short for the Jacobs Engine Brake, a secondary braking system used on large diesel trucks like fire engines. Used with automatic transmissions, usually on trucks that carry a heavy load. The system uses the compression of the engine as resistance to slow the drivetrain. Jake braking is beneficial because it reduces wear and overheating problems with brakes. Similar practice applies to standard transmission “down shifting” where the lower gears are used to slow the vehicle speed. Down shifting can also generate excess diesel engine noise. However Jake Braking causes the engine to make a great deep sound that can be heard for a great distance and has created noise level complaints throughout the United States. In areas of residential land uses and along roadways where noise may be amplified, signage prohibiting Jake Braking has been utilized to mitigate the nuisance noise. 7.4 Air Quality The NYSDEC provides air quality monitoring throughout New York State. The air quality within the Long Island Region can be accessed daily via the States website, http://www.dec.ny.gov/airmon/ . The Riverhead air quality monitoring station is the State’s location nearest the subject site. NYSDEC rates air quality in the region daily. There have been reports of poor air quality due to high ozone levels. The 2015 data is shown below as retrieved from the NYSDEC website 2015 Region 1 Air Quality Data / Region 1 Air Monitoring Stations  Site No Station County Address Parameters  2950-10 Eisenhower Park Nassau 740 Merrick Ave SO2, PM2.5 (Continuous)  5150-02 Babylon Suffolk 72 Gazza Blvd O3, PM2.5  5151-10 Holtsville Suffolk 7 Division St O3, SO2, PM2.5 (Continuous)  5155-01 Riverhead Suffolk 39 Sound Ave O3   Sulfur Dioxide - Continuous Pulsed Fluorescence Annual Averages 2005 through 2015 Annual Arithmetic Mean (ppb) - Primary Standard (12 month average not to exceed 30 ppb*)  Station Site No. 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015  Eisenhower Park 2950-10 4.16 3.86 3.73 4.72 3.45 2.09 1.97 (1.15) (1.12) 1.35 1.03  Holtsville 5151-10 7.26 3 .74 4.54 4.82 3.81 3.95 2.22 (1.03) (1.20) 0.84 0.77  Holtsville site (5151-10) was operated by Suffolk County Health Dept. until 9/30/10, when NYSDEC commenced monitoring. Comparison Between NYS Ambient Air Quality and Ambient Air Quality Standards for Calendar Year 2015  Station Site No. One Hour Averages average of 99th percentile for last 3 years not to exceed 75 ppb*    Observations 99th Percentile, ppb    Total Obs. % Avail 2015 2014 2013 3-yr avg  Eisenhower Park 2950-10 8,618 98 6.0 9.6 6.0 7.2  Holtsville 5151-10 8,315 95  7.1 10.2 9.0 8.8  Footnotes for Region 1 sulfur dioxide data: (Values in parentheses indicate less than 75% available data for all 4 quarters) * The rule for revised federal standards was signed in June, 2010, providing a primary 1-hr standard of 75 ppb, and a secondary 3-hr standard of 0.5 ppm. However, the 1971 standards remain in effect until one year after an area is designated for the 2010 standard. [Date of Occurrence, Hour] + Denotes a contravention of NYS/Federal AAQS Inhalable Particulates (PM2.5) - Rupprecht & Patashnick Sampler Comparison Between NYS Ambient Air Quality and Ambient Air Quality Standards for Calendar Year 2015 (Average of last 3 years' annual means not to exceed 12 µg/m3 *; and average of 98th percentile for last 3 years not to exceed 35 µg/m3*)  Station Site No. Total Obs. Maximum Values, µg/m3 98th Percentile, µg/m3 Quarterly Averages, 2015 Annual Mean, µg/m3     1st 2nd 3rd 2015 2014 2013 3-yr avg 1st 2nd 3rd 4th 2015 2014 2013 3-yr avg  Eisenhower Park (T) 2950-10 346 24.9 [12/1 2] 24.3 [06/11] 23.0 [09/03] 17.8 19.2 23.9 20.3 9.3 6.1 6.7 7.0 7.3 7.4 8.7 7.8  Babylon (F) 5150-02 104 23.3 [09/03] 21.5 [06/11] 21.5 [06/11] 21.5 20.0 21.4 20.9 8.2 6.5 9.1 6.0 7.4 7.5 7.6 7.5  Holtsville (T) 5151-10 331 26.8 [07/05] 25.9 [09/03] 23.2 [07/04] 18.3 18.6 20.3 19.0 9.1 5.5 7.0 6.7 7.7 7.1 8.2 7.7  Footnotes for Region 1 PM2.5 data: (Annual Means in parentheses are based on less than 75% available data) F = Federal Reference Method T = TEOM (Tapered Element Oscillating Microbalance) not for Standards determination * Federal Ambient Air Quality Standard + Denotes a contravention of Federal AAQ Ozone - Continuous UV Light Absorption Comparison Between NYS Ambient Air Quality and Ambient Air Quality Standards for Calendar Year 2015  Station 8-Hour Running Average Begin Hour 4th Highest Daily Maximum 8-Hour Average- Not to exceed an avg of 0.075 ppm during the last 3 years, changed to 0.070 ppm beginning 1/1/2016*   Observations Highest Values, ppm    Site No. Total Obs. % Avail Days >.075 ppm 1st 2nd 3rd 4th 2013 2014 2015 Avg   Babylon 5150-02 8,633 97 5 .085 [09/17] .079 [08/15] .079 [08/16] .078 [07/20] .072 [ 07/11] .066 [08/27] .078 [07/20] .072   Holtsville 5151-10 7,521 78 1 .077 [09/17] .071 [07/29] .070 [07/20] .063 [09/18] .074 [06/24] .062 [08/05] .063 [09/18] .066   Riverhead (Operated 03/12-11/14) 5155-01 4,966 97 4 .079 [09/17] .076 [07/29] .076 [08/01] .076 [08/15] .078 [06/24] .064 [05/26] .076 [08/15] .072   Due to EPA Waiver for SLAMS (Non-NAMS), % Availability may be based on operational year of less than 12 months (Riverhead) Footnotes for Region 1 ozone data: (Annual Means in parentheses are based on less than 75% available data) * Federal Ambient Air Quality Standard [Date of Occurrence, Hour] + Denotes a contravention of Federal AAQS A NYSDEC 201 air quality registration or permit is not required for gasoline stations that are in compliance with NYSDEC regulations of 6NYCRR 612. Gasoline stations registered under Part 612 are exempt from the 201 regulations. The station is not expected to significantly contribute to ozone depletion. The station will comply with utilize industry standards for pump nozzles that restrict volatile organic compounds (VOCs) from escaping during fuel dispensing. The UST are required to be vented whereby the gas above the fuel in the tank can be displaced during the tank filling operations. All motor vehicles must be turn-off during fueling as required by law, and stationary idling of vehicles is therefore not expected to have potential for significant impact to air quality. If during queuing there is a long line of vehicles (as may be the scenario during an emergency) the facility operators will place a sign to advise motorists vehicles must be turned-off and restarted to advance along the queuing line. Signage placed at the parking stalls will advise customers to turn-off their vehicles. The potential for impacts to air quality will be mitigated by operational procedures, compliance with NYSDEC bulk storage regulations (Part 612) and signage. 7.5 Lighting and Aesthetics Building Architecture The applicant will preserve a rural character of the site by re-furbishing the existing building. The architectural plans will include modest exterior building upgrades with major interior renovations to accommodate the use as a convenience store and gas retail sales facility. The exterior building materials will be natural materials or synthetic materials that mimic natural materials (stone, cedar shake, brick, wood). The selection of materials for the buildings and the canopies will be compatible with surrounding area’s building materials to the extent practicable based on building codes, fire protection standards and structural engineering requirements. The positioning of the gas pump island and canopy will occupy the area facing toward the CR 48 and Youngs Avenue intersection (at the site’s northeast corner). The canopies for each pump island will include recessed lighting to direct the light beam down toward the pumps and not outward toward the roadways or parcels and buildings. Signage The proposed free standing sign for the gas station is depicted on the site plan. The sign is set at a maximum of height of 15 feet above finished grade, is double faced with the brand name or logo. The double faced sign area is 24 square feet (max.). The sign will include illuminated fuel placards for regular gas, plus. Super, diesel and E-85. The 36 square foot area, wall mounted convenience store sign will be internally lit, and be located at a maximum height above finished grade of 15 feet. All sign dimensions are consistent with those outlined in the Code. Similar signs exists along CR 48 and NYS 25, each designated scenic byways. No significant visual impacts are expected from the proposed signage. / Typical Building-Canopy at Gas Station in Southold Town 7.6 Site Lighting and Canopy Lighting Light fixtures for the site/parking areas will be “dark skies” compliant to minimize “sky glow” and meet the standards of Town Code Section 172-5 Standards for Exterior Lighting. The proposed project will comply with the Code whereby all exterior lighting shall be designed, located, and lamped to prevent excessive lighting, energy waste, glare, light trespass, and unnecessary sky-glow. To mitigate nuisance lighting impacts, all nonessential exterior lighting shall be turned off within 1/2 hour after the close of business and/or when not in use. Lights that are controlled by timers or that are motion-sensor-activated are encouraged to replace existing lighting necessary for safety purposes. Canopy lights, at the gas pump island lighting, shall be fully recessed and full cutoff luminaires so as to ensure that no light source is visible from or causes glare on public rights-of-way or adjacent properties. All area lights shall be full cutoff luminaires. To further reduce impact from lighting, all proposed exterior lighting will use the least number of poles/fixtures at the lowest height and at the lowest illuminance levels necessary to safely light the area for the proposed use. No luminaires shall be taller than or mounted higher than 35 feet from the ground to their tallest point. The pole heights and luminaires will conform with the specifications required in the Town Code. 7.7 Traffic To evaluate traffic impact potential, a Traffic Impact Study (TIS) was prepared by Schneider Engineering, PLLC of Ronkonkoma, NY. The Traffic Impact Study for the Proposed Convenience Mart with Gas Pumps at 44450 Middle Road, Town of Southold (December 16, 2015) studied traffic generation for the proposed development through the measurement of existing traffic volumes, development of traffic distribution patterns, and capacity analysis at the intersection of CR 48 with Youngs Avenue. To assess the effects of the proposed development two different scenarios for the site were analyzed. The future use of the site as the proposed actions (“Build”) and the future use of the site without the proposed development (“No Build Alternative”). The complete TIS is included as Appendix 15 and 16. Using standard ITE Trip Generation 9th Edition data, the TIS estimated the following trip generation for the proposed gas station and convenience store. Estimated Trip Generated: Build Scenario Peak Hour In Out Total Trips Afternoon 71 70 141 PM 58 57 115 Saturday 53 50 103 The TIS evaluated the level of service (LOS) at the signalized intersection of CR 48 and Youngs Avenue. The TIS determined the following existing conditions: Peak Hour LOS Mid-day A PM B Saturday B Both eastbound and westbound CR 48 operates at a level of service of “A” and both the northbound and southbound Youngs Avenue approaches currently operate at a level of service of “D.” The TIS concludes that in the future, with or without the proposed development, the current levels of service at the signalized intersection remain unchanged. The site drives at CR- 48 and at Youngs Avenue were evaluated in the TIS. The analysis determined the CR 48 drive will function at a level of service at “C” or better and the Youngs Avenue drive will function at a level of service at “A.” Left turn entries entering the site from either drive will function at a level of service of “A.” The TIS provides the following conclusions: The analysis of both crucial intersections shows that the traffic generated by the proposed development has negligible impact on the intersection of CR 48 and Youngs Avenue. Accident data indicates the intersection of CR 48 and Youngs Avenue is not considered a high accident location. The relatively small amount of additional traffic to be generated by the proposed development should not have a negative impact of the frequency of accidents occurring in this area. The Town Code requires 23 parking stalls for the convenience store and a 36-space que area, on site, for the 12 pump stations. The applicant is proposing to provide queuing area for 36 vehicles as required for the site with 12 pump stations as well as 29 parking spaces including 2 handicap accessible parking stalls. As a result there should be adequate on-site parking and ample que areas. Pedestrian & Bike Traffic The Lead Agency’s September 13, 2016 letter stated the existing pedestrian and bicycle accommodations will be degraded by the proposed action. However, the Lead Agency did there not offer specific safety or accident documentation in support of the comment. The Lead Agency requested the TIS describe the pedestrian or bicycle access “to the site along its frontage.” Although the site’s development includes a convenience store, the volume of customers accessing the site by foot or bicycles are not expected to generate a significant numbers of concern for public safety. As indicated in the ITE Trip Generation Handbook, 3rd Edition, the majority of site traffic (Avg. AM: 62%, Avg. PM: 56%) for gas station with convenience store is attracted from the existing traffic stream. Gas station convenience stores accommodate many users, however generally, these are customers accessing the site by vehicles to purchase fuel, who may also purchase items at the store, allowing them a single stop, rather than multiple stops. Existing conditions at the intersection of CR 48 and Youngs Avenue include a traffic control device that can be used by walkers and cyclists to judge their safe crossings at the intersection. The site is located at the intersection of CR 48 and Youngs Avenue, a signalized intersection with additional access lanes to eastbound CR 48 and from CR 48 to southbound Youngs Avenue. At the southwest section of the intersection and along the site’s frontage with CR 48 is a sidewalk. The sidewalk extends along the perimeter of the site, and does not provide any known connection to any other public sidewalks located at CR 48 or along Youngs Avenue. Without an existing system of public sidewalks, it is unlikely there are any significant impacts to pedestrian traffic. The residential properties located south of CR 48 along Youngs Avenue do not have public sidewalks available to them for pedestrians that choose to access the site. The existing traffic signal provides a control mechanism for pedestrians to cross north and south at Youngs Avenue over CR 48. According to the traffic engineer’s study the adjacent intersection has pedestrian push buttons to activate an east-west crossing phase with a 7-second walk phase followed by a 20 second clearance interval. These are located on the northwest and southeast corners. The proposed action has no significant impact on the pedestrian access to the site, pedestrian crossings at Youngs Avenue or pedestrian access to north and south crossing over CR 48. There is no system of connecting sidewalks that will be interrupted by the proposed action. Pedestrians will not be denied access to public places by the development of the site. Bicyclists will not be restricted from use of the public roadways located along the site’s frontage. Similar to the discussions on the pedestrian access described above, the existing traffic signal provides a mechanical device by which cyclists to safely cross through the intersection. The shoulders of CR 48 provide cyclists an east-west travel lane. The TIS concluded there is no significant change in vehicular traffic between the build and no-build alternatives. The conclusion as applied to pedestrian and bicycle public safety indicates that pedestrians and bicyclists will be at no higher safety risk than under the build and no-build scenarios. Mitigating measures would not be required under the build alternative. / No Sidewalks or Designated Bike Lanes on Youngs Avenue Sidewalks are Only Located at the Subject Site’s Road Frontage / No Designated Bike Lanes or Sidewalks on CR 48 Internal Parking, Internal Traffic & Fuel Tank Filling Operations The Lead Agency’s September 13, 2016 letter requested information regarding on-site parking, and internal traffic movement during times when the USTs are being filled. The Town Code requires 23 parking stalls for the convenience store and a 36-space que area, on site, for the 12 pump stations. The applicant is proposing to provide queuing area for 36 vehicles as required for the site with 12 pump stations as well as 29 parking spaces including 2 handicap accessible parking stalls. As a result there should be adequate on-site parking and adequate que areas. When a tanker truck is on-site to fill the USTs, the facility closes the pump islands. The operations of the facility can be controlled by the NYSDEC certified site operations personnel to minimize potential impacts from on-site traffic patterns, parking needs and vehicle fueling during UST fill operations. Typical UST fill operations are completed during hours when the station will not experience peak periods of use. The operations for fueling vehicles is suspend during the times tankers are on site and actively filling the USTs. The mitigation measures to avoid or minimized the internal traffic impacts during UST filling operations are controlled by the onsite operators, and schedule of tanker truck deliveries. Lead Agency Traffic Impact Study Methods and Evaluations Requests The Lead Agency’s February 7, 2017 letter outlined in Item 6, five questions with regards to the Traffic Impact Study including: Explain the reason that the Traffic Impact Study was conducted in November rather than in a month more reflective of the seasonal population. The Positive Declaration indicates that the Traffic Impact Study (TIS) should evaluate seasonal and weekend traffic. The DEIS does not thoroughly contemplate such an analysis. Clarification as to how the growth factors were applied. A more thorough discussion on the potential impacts of traffic and how the assessment was conducted as well as the basis and accuracy of the 2.0 percent seasonal multiplier. Clarification on the accident date. A response letter dated February 16, 2017 was prepared by Steven Schneider, P.E., Principal at Schneider Engineering and should be referred to in Appendix 25. 7.8 Aesthetic and Scenic Resources & Community Characteristics The impact potential and mitigation for aesthetics, community character and scenic resources are combined for assessment purposes. The site is within the designated CR 48 scenic byway. Its zoning, site improvements, and historical development predates the New York State Legislator’s scenic byway designation. The site itself is not recognized for any specific known recreational, natural, historic, scenic or archeological significance. The agricultural lands located at the north side of CR 48 and opposite the site (northwest corner of CR 48 and Youngs Avenue) and the preserved parcel managed by Peconic Land Trust located immediately west and adjacent to the subject site are resources defined as scenic and natural respectively. The Lead Agency’s comment letter dated September 13, 2016 asked specific questions and requested a response in the DEIS. The following is the response to those questions, with the Lead Agency question or comment listed first in italics and the response provided below. Questions regarding Is the project site visible from a designated scenic resource? Yes. The project is located along CR 48, a designated scenic byway. The roadway is an east-west thoroughfare established in 1992 as a State designated scenic resource. The project site was formally developed as a gas station which predated the 1992 State designation, and currently is used as an RV sales and service center. The prior and current uses are not known to have been subject to challenges pursuant to conflicts with the scenic byway or resulting vistas. The existing and historical site conditions have not been identified as having significant cultural, historical, scenic or recreational value specific to the scenic byway, local Town of Southold community character or scenic resources. The scenic byway along this immediate node of the roadway includes business use and commercial development (as per permitted uses within local land use zoning code), preserved open space (unobstructed by the proposed project) and agricultural lands that are also not obstructed from view by the proposed action. How much of the project site is visible? The site is located on the southwest corner of CR 48 and Youngs Avenue. Approximately 70% of the site visible from this intersection, and by observers positioned east and north. Observers positioned west and south do not have a direct view into the project site until they are positioned nearly perpendicular to the parcel. There are no significant elevation changes (i.e. an observer looking up or down to the project site) that significantly influence the view of the site. How much distance is there between the project site and resource? The site is located on the edge of the scenic byway identified as CR 48. The distance is less than approximately 25 feet depending on the point of measurement. Is the visibility of the project seasonal? If so, is the project visible at the same time of year that the public views the scenic or aesthetic resource? The existing site does not have an abundance of vegetation that screens the view based on seasonal foliage. The project site is visible year round by observers traveling along CR 48 and the intersection of Youngs Avenue and CR 48, and from observers utilizing the existing commercial developments along CR 48 and Youngs Avenue identified in the Existing Conditions and Existing Community Characteristics of the DEIS. What general land uses exist between the project site and scenic resource? Will the project site be in sharp contrast to those land uses? Land uses have been described in this DEIS under the Existing Conditions and Existing Community Characteristics. Along the scenic easement in proximity of the site are: preserved open space (west) agricultural (north), a gym (northeast) a residential office and landscape storage use (east) and a hair salon (south). Residential development along Youngs Avenue are not within the State designated scenic byway. Will the project be visible and is it in sharp contrast to surrounding land uses by virtue of its scale, dimension, color, or height? The project will be visible. The project includes re-purposing the existing building as a convenience shop with architecture that is consistent with the scale, dimension, color and height of the surrounding structures. The proposed overhead canopies are necessary to provide weather shelter to users, for control of backscatter light, and to reduce direct precipitation and generation of surface runoff at the pump islands. To minimize the visual impact of the canopies, the design and material selection of the structure will mimic a rustic, agricultural image. Colors will be selected to soften and camouflage the presence of the canopies. The existing structure will be rebuilt using materials that do not conflict with the surrounding area building materials. Examples include materials that mimic or include natural cedar shake, natural stone, slate and brick. Will the project be in sharp contrast to existing land uses in the area? The existing land uses in the area are a mix of commercial, business, agriculture, preserved open space and expanding outward form the center of the site, residential. The existing mix of land uses does not create a sharp contrast with regard to the area land uses. There are no gas stations in this immediate area of CR 48 in Southold. There is a BP gas station on CR 48 in Southold, west of the subject site. The BP gas station is located along and within the scenic byway. The area land uses in the vicinity of the BP station include residential and agriculture. Based on the existing conditions associated with the location of a BP gas station with canopies, a gas station per se does not directly conflict with the scenic byway. Will the project obstruct, or partially obstruct publically accessible views of the scenic resource? The scenic resource described as the CR 48 scenic byway is not obstructed by the proposed gas station. The public travelling along this corridor will not have an impaired view of any significant cultural, scenic, historic or recreational resource. Will the project be very visible all year round and not be screened by vegetation? The project site will require landscaping that will comply with the requirements of Southold’s site plan requirements. The planting pallet will include deciduous trees with a caliper of 3-5 inches, evergreens of 6-foot height, shrubs, perennials, and turf grass. The existing site has mature vegetative evergreen screening located along its southerly property line. These trees will be protected during construction and preserved as an undisturbed area. Not all of the existing trees can be included in the proposed planting plan. A native planting buffer placed along the site’s westerly boundary with the land preserved and managed by the Peconic Land Trust will reduce a stark contrast between these two property lines. Will the project be viewed by many publically accessible vantage points? There are no specific vantage points such as “scenic look outs” located along tis node of the scenic byway. The roadway is the most identifiable publically accessible vantage point. The majority of observers are local residents and tourists utilizing CR 48 and Youngs Avenue. Will the project scale, color, or dimension by highly visible from publically accessible scenic resources? The project is a visible form the scenic byway of CR 48. The area is primarily accessible and utilized by the public as a vehicular transportation route for east and west travel. The applicant proposes the architecture, building materials, color selections, and dimensions will not significantly contrast with the surrounding building characteristics, scale, or designs. How often will the community view the project site? The site will be viewed as often at the public travels past the location by either traveling along CR 48 or along Youngs Avenue in the immediate vicinity of the site. Is the project site in or viewed from scenic or aesthetic resource that is important to recreation in the area or to tourism? If so how? There are no important recreational areas or tourist attractions in the immediate vicinity of the site. The impact is assessed not to be significant. How will the project site change the use or perception about that scenic resource? The use of CR 48 as a scenic resource will not be changed. The parcel’s development was pre-existing to the designation of the scenic byway, is located within the scenic byway and is its development and uses are considered not inconsistent with the perception of the CR 48 scenic byway resource. There are similar projects visible within 3-5 miles of proposed project. There are other commercially developed projects within the scenic easement within ½ mile of the proposed project. The interpretation of the “significance” of visual impact(s) can be best explained by the NYSDEC’s publication “Assessing and Mitigating Visual Impacts” dated July 31, 2000. “Aesthetic impact occurs when there is a detrimental effect on the perceived beauty of a lace or structure. Significant aesthetic impacts are those that may cause a diminishment of the public enjoyment and appreciation of an inventoried resource, or one that impairs the character or quality of such a place. Proposed large facilities by themselves should not be a trigger for a declaration of significance. Instead, a project by virtue of its siting in visual proximity to an inventoried resource may lead staff to conclude there may be significant impact. For example, a cooling tower plume may drift between viewers standing on an overlook at a State Park thereby blocking the view of the panorama. Staff must verify the potential significance of the impact using the qualities of the resource and the juxtaposition (using view shed and or line-of sight profiles) of the proposal as the guide for the determination.” As stated in the Town of Southold’s Comprehensive Plan Update draft chapter on Community Character (www.southoldtownny.gov) in 1992, the New York State Legislature recognized and identified New York State Route 25 and Suffolk County Route 48 (the two primary roadways in the Town) as Scenic Byways through the New York State Scenic Byways Program. The transportation corridors are representative of the region's scenic, recreational, cultural, natural, historic and archaeological significance.  One goal of the Comprehensive Plan Update was to direct truck traffic to CR 48. The development of a fuel station with convenience store does not appear to conflict with the goal of directing commercial vehicle (truck) traffic to CR 48. The ability for trucks to purchase gas, diesel and convenience items at the CR 48 and Youngs Avenue location might act as an incentive for directing trucks to CR 48. The placement of the gas station on CR 48 would arguably not be in conflict with the Town’s goal. The project site is visible from the CR 48 Scenic Byway, part of the New York State Scenic Byways Program. The existing building and its land use(s) are therefore contemplated to be a valid component of the local scenic resource. The aesthetic value of the existing site conditions may be interpreted as moderate, with no known significance as a critical view shed within the scenic resource corridor. The site’s position on the southwest corner of CR 48 and Youngs Avenue suggests the view sheds for an observer are as follows: CR 48 for travelers/observers located east and west of the site. North side of CR 48/Youngs Avenue looking south. Southside of Youngs Avenue along the street as one nears the intersection with CR 48. Northeast corner of the intersection of CR 48 and Youngs Avenue. Northwest corner of the intersection of CR 48 and Youngs Avenue. / Typical Gas Station Canopy: located in Southold, NY (Note: Synthetic Cedar Type Shingles) / ALTERNATIVES 8.1 No Build Scenario The Lead Agency requested only the “no-build alternative” be evaluated for environmental assessment. The no-build will result in the site and the surround area impact potential generated by the use as an RV sales and repair center remaining much as is does under existing conditions. The facility will remain in its current state and if no improvements are made. Photos of the current state of the site are shown in comparison to the proposed scenario in Appendix 27 and 28. There will be no additional gas station on CR-48 in this immediate vicinity and motor vehicle operators will continue to enter residential streets to locate gas stations on Main Road. If there is no known UST located on the site, and alternative future developments proposed for the site could be anticipated. The applicant has no interest in developing the site except for a gas station. The existing conditions are a fair representation of how the no build scenario is expected to impact the environmental conditions. There are areas located within the Town of Southold’s General B (B) the Zoning Use District that could be developed as a gas station provided the application complied with Town requirements and environmental mitigating measures as may be warranted. The applicant has no ownership or control over these other B zoned parcels, some which are not available due to current development. 8.2 Reduction in Pump Islands and Canopies The Lead Agency’s September 13, 2016 letter requested an additional alternative be added to the DEIS to evaluate the pump island and canopy proposed for the area fronting the CR 48 and Youngs Avenue intersection. The removal of the 24-ft. x 50 ft. pump island and its canopy would reduce the available gas station fuel distribution user availability by approximately 30 percent. The 1,200 SF area where the proposed pump island would be eliminated would instead be paved surface. A photo rendering of this alternative can be seen in Appendix 28. To accommodate customers, additional signage and pavement markings are anticipated to direct users to the pump island located at the southwest area (rear) of the site and behind the convenience store. The canopy proposed for the rear yard would remain and the canopy for the front yard pump island eliminated. This scenario will have a significant negative impact on the economics of the proposed gas station, by its reduction of available pump island area, reduction is sales and visual identity as a gas station. The Lead Agency requested the visual impact of this forward pump island and canopy be evaluated for visual impact. The position of the front yard pump island and canopy is in the foreground of the convenience store, with the design intent for the canopy to complement the store building’s design. Vegetative plantings along the site’s road frontage will provide a screening effect as mitigation of overall site visual impacts. Essentially the site appears to the observer along CR 48 and Youngs Avenue to be a convenience store, and not a primary use as a gas station. This could create a competitive disadvantage for this site in comparison to the BP gas station located on CR 48 to the west. The reduction in lighting by removal of the recessed lighting contained in the canopy will reduce site lighting. The applicant has no desire to reduce the available pump islands and canopies as originally proposed because of the potential impact on gas sales, access by users, and identity as primarily a convenience store and not a gas station.