HomeMy WebLinkAboutFEIS Southold Gas Station and Convenience Store FINAL ENVIRONMENTAL
IMPACT STATEMENT
Gas Station & Convenience Store
SCTM # 1000-55-2.2
LeadAgency. Town ofSouthold Planning Board
Town Hall Annex-54375 State Route 25
Southold, NY11971
www.southoldtownny.gov
Final Environmental Impact Statement Southold Gas Station and Convenience Store at CR 48 and
Youngs Avenue-Southold,NY-July,2018
Contents
1.0 INTRODUCTION...............................................................................................................................3
2.0 EXECUTIVE SUMMARY...................................................................................................................7
3.0 DEIS Comments and Responses:..................................................................................................14
Table 1 (a) 2014 Site Investigation Groundwater Sample Analytical Results....................................27
Table 1 (b) (ppb) 2014 Site Investigation Soil/Sediment Sample Analytical Results.......................28
Table 1 (b) (ppb) 2014 Site Investigation Soil/Sediment Sample Analytical Results(continued) ..29
Appendix
1. Comments Received to the Draft Environmental Impact Statement
2. Letter to the Suffolk County Water Authority
3. EPA List of Volatile Organic Compounds
4. EPA List of Semi-volatile Organic Compounds
S. November 2017 Site Investigation Report by Berninger Environmental, Inc.
6. General Information on Bis(2-ethylhexyl)phthalate
7. Groundwater Monitoring Well Issues with Bis(2-ethylhexyl)phthalate
8. Alternate 3 Site Plan
9. Alternate 3 Building Elevations
10.Traffic: Corrected Figures &Updated Analysis
11. May 2014 Site Investigation Lab Report
12. May 2014 Site Investigation Report by Berninger Environmental, Inc.
13. Suffolk County Department of Health Services: Article 12- SOP No. 9-95 Action
Levels and Cleanup Levels
14. Suffolk County Water Authority Well Field Zone of Influence Assessment and
Correspondence
15.Alternative 3 Photo-Simulation Analysis
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Final Environmental Impact Statement Southold Gas Station and Convenience Store at CR 48 and
Youngs Avenue-Southold,NY-July,2018
Final 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
ilscoast@optonline.net
and
Edited by Heather Lanza, Town Planning Director
on behalf of the Lead Agency
Date: July, 2018
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Final Environmental Impact Statement Southold Gas Station and Convenience Store at CR 48 and
Youngs Avenue-Southold,NY-July,2018
1.0 INTRODUCTION
Purpose of this Document:
This document is the Final Environmental Impact Statement (Final EIS) that analyzes the
potential environmental impacts of a proposed action which is an application before the
Town of Southold Planning Board for a proposed Gas Station and Convenience Store
("Southold Gas Station") located on existing developed land, at 45450 County Road 48 (the
southwest corner of the intersection of County Road 48 and Youngs Avenue), in the General
Business (B) zoning use district. The proposed action includes a site plan application for
Town of Southold Planning Board review and special permit for Town of Southold Zoning
Board of Appeals review. The Planning Board has assumed Lead Agency status pursuant to
review under the New York State Environmental Review Act (SEQRA).
The proposed project site is located in the Hamlet of Southold, Town of Southold, Suffolk
County, New York, and is comprised of a single parcel totaling 1.496 acres, described as
Suffolk County Tax Map number 1000-55-5-2.2.
In accordance with the requirements of SEQRA,the Town Planning Board has assumed Lead
Agency for the coordinated review for this environmental review process. The Draft
Environmental Impact Statement Southold Gas Station and Convenience Store (May 16,
2017) (DEIS) was deemed complete by Planning Board Resolution dated July 10, 2017 and
circulated to involved agencies, interested parties and the general public for review and
comments. A SEQRA hearing was conducted by the Lead Agency on August 14, 2017. The
public comment period on the DEIS was closed on September 13, 2017. The Lead Agency
provided the applicant's agents with a list of substantive and general comments received on
the DEIS by letter dated October, 2, 2017. Pursuant to SEQRA, the Planning Board, as Lead
Agency, must accept and file the Final Environmental Impact Statement within 45-day of the
close of the comment period, unless due the complexity of the proposed action, new
information and the Lead Agency and applicant agree to extend the time The applicant and
Lead Agency have agreed to an extension of time beyond the 45-day period to allow for the
collection and review of additional soil borings, soil and groundwater sample collection and
lab analyses, review the traffic impact study, and prepare Alternative 3. Alternative 3 is a
revised site plan layout prepared by Eric Nicosia, RA, dated February 3, 2018 and designed
to address comments received by the public and the Planning Board as well as provide
additional mitigating measures that will help, in part, to avoid potential for significant
adverse impacts.
This FEIS is part of the official record under the SEQRA process outlined in Title 6 of the New
York Code of Rules and Regulations (6 NYCRR) Part 617, with statutory authority and
enabling legislation under Article 8 of the NYS Environmental Conservation Law (ECL).
During the preparation of the Draft Environmental Impact Statement (DEIS), the Southold
Planning Board completed a coordinated review with involved agencies (i.e., agencies that
also have discretionary decisions to make on this project, such as the Suffolk County Water
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Final Environmental Impact Statement Southold Gas Station and Convenience Store at CR 48 and
Youngs Avenue-Southold,NY-July,2018
Authority (SCWA) Suffolk County Department of Health Services (SCDOH), and Suffolk
County Department of Public Works (SCDPW).
The Planning Board determined that the proposed project is an Unlisted Action, with a
determination of significance that supported a Positive Declaration, requiring the
preparation of a draft environmental impact statement pursuant to SEQRA, and the
regulating provisions of 6 NYCRR Part 617.
As lead agency under SEQRA, the Planning Board issued a Positive Declaration on the
proposed project on November 2, 2015. Under SEQRA the Planning Board had opted not to
conduct a formal scoping process for the DEIS. The DEIS was prepared based on the lead
agency's Determination of Significance outlining the environmental issues of concern. The
DEIS described the proposed project,including the project site and area resources, discussed
the potential environmental impacts of the project, presented measures to mitigate adverse
impacts, and examined alternatives to the proposed project.
Pursuant to the lead agency's SEQRA determination of significance and positive declaration
statement, items to be addressed were:
1. Impact on Groundwater for storage of approximately 40,000 gallons of petroleum
product above the Nassau-Suffolk sole source aquifer.
2. Impact on Air Quality- concern for generation of additional vehicle trips and idling may
impact CO emissions.
3. Impact on 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
4. 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.
S. Impact from Noise Odor and Light- concern for noise generated by vehicles, vacuum
cleaners, HVAC equipment and concern for night time lighting and potential odors.
6. 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.
7. Consistency with Community plans- consistency with the Town of Southold
Comprehensive Plan, which includes Southold Town Zoning, Suffolk County's
Comprehensive Plan and the New York State North Shore Heritage Area Management
Plan.
8. 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 included in the assessment of alternatives and additional
alternatives requested by the lead agency during review of the DEIS for adequacy.
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Final Environmental Impact Statement Southold Gas Station and Convenience Store at CR 48 and
Youngs Avenue-Southold,NY-July,2018
As required by SEQRA, it is the objective of this FEIS to address comments identified by the
lead agency as "substantive comments" made to the DEIS during the public hearing and DEIS
review period. It is also the objective of this Final EIS to provide the public and involved
government agencies with the information necessary to take an action on the proposed
action. This FEIS incorporates the DEIS information by reference, and also provides
additional information in response to the comments received on the DEIS. Based on SEQRA
regulations, after acceptance of the FEIS by the lead agency, there must be a minimum 10-
day period prior to the preparation and adoption of a Findings Statement, which is the final
step in the SEQRA decision making process. Organization of this document is described
below and comments on the Draft EIS were provided as public testimony during the public
hearing and submitted in writing during the comment period.
Organization of the FEIS.•
The response to the DEIS comments are organized in this FEIS by general category with an
appropriate response placed below the comments.The FEIS includes supporting documents
in evidence and support of the DEIS/FEIS statements.
Appendices contain the following:
• Transcript of the August 14, 2017 public hearing.
• Written comments received by the lead agency from the public.
• Written comments from governmental agencies.
• Laboratory analytical results from soil and groundwater samples collected in May
2014 and November 2017.
• Information on Volatile and Semi-Volatile Organic Compounds
• Site investigation reports summarizing work performed in May 2014 and November
2017 by Berninger Environmental, Inc. to assess presence/absence of an UST(s)
and/or historical petroleum product release.
• Involved agency correspondence and information supporting the facts presented in
the FEIS
• Alternative 3 Site Plan and Building Elevations, prepared by Eric Nicosia, dated
February 3, 2018 and January 31, 2018 respectively.
• General information and sources in support of the FEIS facts and statements.
The Appendices also include additional supplemental project information prepared in
response to the comments raised on the DEIS.
The applicant provided a voluntary alternative along with a draft of the FEIS, referred to in
this document as Alternative 3. The Alternative 3 site plan is shown as Appendix 8. The
general description of Alternative 3 is for demolition of the existing building, placement of a
new building situated along the westerly area of the site, a single canopy with twelve fuel
pump stations, and a larger corner planting area located at the south east intersection of CR
48 and Youngs Avenue. This proposed alternative offers a single canopy that is set back
further from the intersection than the front canopy in the proposed action,and does provide
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Final Environmental Impact Statement Southold Gas Station and Convenience Store at CR 48 and
Youngs Avenue-Southold,NY-July,2018
some partial mitigation for impacts on aesthetic resources, and community character.
Although Alternative 3 is the preferred alternative site plan,there remain impacts from this
site arrangement that are similar to the proposed action. The size of the single canopy in
Alternative 3 is larger than the two canopies from the proposed action put together, and it
has the same number of fuel pump stations.In addition,the building in Alternative 3,at 3,000
sq. ft., is 750 sq. ft. larger than the proposed action. The impacts have not been mitigated to
the greatest extent feasible by this new design.
The Southold Gas Station and Convenience Store DEISIMSprovides an extensive evaluation
of the reasonably anticipated environmental impacts, and thus takes "the hard look" at
specific environmental impacts that can be reasonably anticipated. The HIS is required to
address substantive comments offered on the DEIS and as combined documents, comprise
the final environmental impact statement.
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Final Environmental Impact Statement Southold Gas Station and Convenience Store at CR 48 and
Youngs Avenue-Southold,NY-July,2018
2.0 EXECUTIVE SUMMARY
The action as originally proposed in the May 16, 2017 DEIS was described as a site plan
review for the construction of a convenience store and gas station including: six (6) fuel
pump islands with 12 fuel pump 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 1.5 acres in the General Business (B)
Zoning District.
The action included 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 required an area variance from the Zoning Board of Appeals. The
convenience store is a permitted use and the gas station use requires a Special Exception be
granted by the Southold Zoning Board of Appeals.
The project is located at 45450 County Road (CR) 48 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. The site is
further identified as Suffolk County Tax Map Number 1000-55-5-2.2.
As a result of the comments received on the May 19, DEIS from the lead agency, Southold
Planning Department staff and general public, the sponsor has proposed a revised site plan
identified as Alternative 3.This is the preferred alternative,which includes demolition of the
existing structures, replacement with a new building, a single canopy and six (6) fuel pump
islands/12 fuel pump stations and increased landscaping. The new building is 3,000 square
feet, the canopy is 3,864 square feet and parking provided with 32 stalls.
The DEIS/FEIS prepared for the Southold Gas Station and Convenience Store, SEQRA record
relative to the proposed action is extensive. Submissions include over a thousand pages of
evidence and documentation; photo imagery of existing conditions, proposed development
and alternative designs; on-site environmental investigations of soil and groundwater;
laboratory analyses of soil and groundwater samples; noise assessments; traffic and
pedestrian impact studies; public water supply data and impact assessment; air quality
impact evaluation; visual, aesthetic and community character compatibility; compatibility
with scenic resources; protective measures against potential accidental petroleum product
release in compliance with NYSDEC and SCDOH agency regulations; recommendations for
site cleanup implemented during the site development phase of the proposed action; and a
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Final Environmental Impact Statement Southold Gas Station and Convenience Store at CR 48 and
Youngs Avenue-Southold,NY-July,2018
complete demolition with newly constructed building located at the westerly section of the
1.496 acre site.
Below is a summary of the FEIS' response to the lead agency determination of the
environmental significance under SEQRA:
1. Impact on Groundwater for storage of approximately 40.000 gallons of petroleum
product above the Nassau-Suffolk sole source aquifer.
The existing UST tank and piping designs, leak detection requirements and monitoring for
gas stations regulated by NYSDEC and Suffolk County Department of Health Services are
specific to protection of the Nassau-Suffolk sole source aquifer. The NYSDEC requires
training and certification for USTs specifically for the on-site operators and maintenance
staff. The NYS UST certification requirement provides additional environmental and public
health protection (described in Appendix 3 of the DEIS).
The 2014 and 2017 physical investigations into the environmental quality of the existing soil
and groundwater conditions did not conclude a major petroleum spill has occurred, nor do
the scientific results support an UST has caused an adverse impact to groundwater and soil.
The on-site investigations conducted by a qualified firm specializing in multi-media
environmental site assessments and geological/hydrogeological investigations, together
with analytical lab testing of soil and groundwater samples conducted by a New York State
Department of Health certified lab (NYSDOH # 11418) indicates presence of Volatile Organic
Compounds (VOCs) and Semi-Volatile Organic Compounds (Semi-VOVs). The test results
suggest these are common automotive industry cleaning products that were discharged via
the sanitary system connection and drains.
The contaminant levels detected, and cleanup action levels for the compounds are
summarized in this FEIS,and complete reports are contained in the appendix.The suspected
source of these contaminants, based on the type of compounds and location of the sample
points, does not support a gasoline or diesel storage tank release. The compounds and
locations where the results were detected are indicative of operations that utilize
degreasers, hydraulic fluids, break cleaners, and similar petroleum based products. As a
major and primary source of release, gasoline and diesel fuels are expected have a broader
array of signature compounds each with greater detection levels. The locations of the
samples with the highest concentrations are sanitary disposal and drain systems. As has
been the identified in the DEIS, and restated herewith, the proposed project's construction
will include the soil/sanitary system cleanup and approved disposal of soils and sanitary
system wastes in accordance with NYSDEC and SCDOH requirements.
The Suffolk County Water Authority (SCWA) has conducted an analysis of the SCWA well(s)
within the proximity of the site, to determine the zone of influence and potential impact
generated by the proposed project. The SCWA model indicates the location of the proposed
gas station is beyond the zone of influence. The gas station's estimated water use is 215 GPD
with additional requirements for irrigation. The applicant agrees to explore modification to
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Final Environmental Impact Statement Southold Gas Station and Convenience Store at CR 48 and
Youngs Avenue-Southold,NY-July,2018
the existing on-site water supply well and its use as an irrigation supply well.The Alternative
3 site plan depicts approximately 50% of the site will be landscaped. Mitigation to reduce
the use of water will include using drought-tolerant native species, and other water
conservation efforts required by the SCWA and the Lead Agency. If the existing well cannot
be used for irrigation, even further water conservation measures will be required.
The proposed action is not expected to generate long or short term adverse impacts on
groundwater. The proposed cleanup of existing soils and wastes at the site, during site
development, is expected to minimize and or avoid potential for contaminant leaching to the
groundwater,which will further protect groundwater resources.
2. Impact to Air- concern for generation of additional vehicle trips and idling may impact
CO emissions.
The DEIS/FEIS has indicated that cars are not permitted to idle during fueling. Each pump
will include a WARNING sign that all motors must be shut-off when at the pumps.The Traffic
Impact Study (TIS) prepared by Schneider Engineering, PLLC utilized the Institute of
Transportation Engineers (ITE) Trip Generation 9th Edition Manual and field traffic counts
to determine peak traffic levels generated by the proposed project. The TIS concluded the
proposed project has a small amount of traffic generation.The DEIS/FEIS and TIS concluded
the potential for traffic and CO impacts are not significant.
3. 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.
The DEIS/FEIS included an evaluation of the aesthetic resources, the site's visibility, and
impact upon "public enjoyment." Visual impacts have been analyzed through photo-
simulations of each alternative, the existing conditions and the proposed conditions. Public
enjoyment and visual interpretations can be subjective evaluations. The purpose of SEQRA
is to incorporate environmental considerations,when making a decisions. The applicant has
provided Alternative 3 as possible mitigation to concerns regarding visual compatibility with
the surrounding area.
Some mitigation from the original proposed action is achieved by Alternative 3 because it
moves the canopy farther away from CR 48,however the size of the canopy is larger than the
two in the original site plan put together.The building is farther from the road also,however
it is over 30% larger than the building in the original plan. The photo simulations and site
plan for Alternative 3 demonstrate that further mitigation can be achieved to the visual
impacts by reducing the length and other aspects of the canopy, and possibly reducing the
size of the building to reduce the parking requirement. Re-alignment of the building and site
design might also help achieve mitigation to visual impacts.
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Final Environmental Impact Statement Southold Gas Station and Convenience Store at CR 48 and
Youngs Avenue-Southold,NY-July,2018
4. Impact to 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.
The Traffic Impact Study (TIS) prepared by Schneider Engineering, PLLC utilized the
Institute of Transportation Engineers (ITE) Trip Generation 9th Edition Manual and field
traffic counts to determine peak traffic levels generated by the proposed project. The TIS
concluded the proposed project has a relatively small amount of traffic generation. The FEIS
includes responses to the comments received on the TIS. Corrected figures for the TIS, and
updated capacity analyses using the latest Highway Capacity Software version (not available
at the time of the original TIS) (HCM 2016) are included in Appendix 10 of the FEIS. The
conclusions of the applicant's traffic engineer regarding impacts to transportation did not
change as a result of these updated figures. Although the TIS concluded the potential for
traffic impact is not significant, the potential impact to traffic safety and pedestrian safety
has not been entirely mitigated to the extent practicable.The safe operation of the driveways,
interior site circulation,and pedestrian access will be further examined through consultation
with the Suffolk County highway engineers and other traffic engineers, and mitigation can
be accomplished through conditions imposed via the Findings and Special Exception review
process.
S. 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.
The DEIS/FEIS includes noise measurements at on-site and off-site locations in an effort to
evaluate the project's impact. The ambient noise was recorded at peaks above 90 decibels,
and the source identified was the exiting vehicular traffic along CR 48 and Youngs Avenue.
The noise generated by the proposed gas station will be lower than the background noise.
The applicant will place the vacuum cleaners at a location near CR 48,where the noise levels
from these machines will not impact local residents or businesses. HVAC equipment will be
located within the building, and/or located at the rear of the building as proposed by
Alternative 3. The rear of the building under the Alternative 3 site plan is immediately
adjacent to the undeveloped, preserved open space located west of the subject site. No noise
receptors are located in proximity to this adjoining property boundary. Heavy construction
(excavation, landscaping, general site work) will not take place on Sundays or Holidays.The
construction scheduling will comply with the Southold Town Code limiting work between
7:00 AM and 7:00 PM.
There were no specific noxious odors identified with operations of the convenience store or
gas station operations. Fueling nozzles are designed to capture fuel gases and the NYSDEC
exempts gas stations from the 201 air quality regulations and that are in compliance with
6NYCRR part 612.
Lighting plans will comply with the Town of Southold Town Code section 175-5 Standards
for Exterior Lighting. Detailed lighting plans will be provided as required by the Planning
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Final Environmental Impact Statement Southold Gas Station and Convenience Store at CR 48 and
Youngs Avenue-Southold,NY-July,2018
Board's site plan review. The lighting under the gas station canopy will, by its nature, be
obtrusive and create visual impacts, including light pollution and sky glow. While to some
extent this is unavoidable due to the height of the canopy, further mitigation of this impact
can be done by reducing the size of the canopy, thus reducing the amount of light overall.
Parking lot lighting can also be mitigated through good design.
6. 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.
The DEIS/FEIS contains extensive discussion on site investigations conducted to evaluate
the environmental conditions based on historical land use.The professional reports indicate
soil and groundwater exhibit various levels of degraded conditions. The sample location
points and types of organic compounds detected are indicative of poor adherence to proper
disposal of petroleum based products (primarily cleaners and degreasers used by
automotive industries). The results and professional findings do not suggest an UST release
has occurred,that hazardous materials are expected to be unearthed during construction or
major risks to public health, welfare and the environment exists. The DEIS/FEIS includes
the NYSDEC regulatory protocols that will be followed should an unknown hazardous
condition be discovered during construction of the new gas station and store. The NYSDEC
required health and safety requirements were included in the DEIS.
Soils and sediments will be remediated in accordance with the NYSDEC Part 375 Soil and
Suffolk County Department of Health Services Article 12 SOP No. 9-95 cleanup guidelines. It
is possible these regulatory agencies may require groundwater conditions continue to be
monitored.
7. Consistency with Community plans- consistency with the Town of Southold
Comprehensive Plan,Suffolk Coun , 's Comprehensive Plan and the New York State North
Shore Heritage Area Management Plan.
The Town of Southold Comprehensive Plan and New York State Heritage Area Management
were reviewed for the action's consistency with the plans. The Town's Comprehensive Plan
update has not yet been adopted and so cannot be used as guidance for this document. Other
plans that the Town has adopted in the past, as well as the Town zoning code currently
comprise the Town's Comprehensive Plan and have been reviewed. The Alternative 3
proposal for this project is not consistent with the town zoning which requires structures to
be set back at least 100' from the road in this zoning district, according to §280-50 Front
yard setbacks. The canopy is only 83' from CR 48 and 89' from Youngs Avenue. Further
mitigation can be achieved by reducing the size of the canopy to increase the distance from
the roads.
Alternative 3 is also inconsistent with subsection C of Town Code §280-50 Front yard
setbacks, which states that "a project shall be divided into separate structures so that no
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Final Environmental Impact Statement Southold Gas Station and Convenience Store at CR 48 and
Youngs Avenue-Southold,NY-July,2018
single structure shall have more than 60 linear feet of frontage on one street." The canopy
structure is proposed with 92 linear feet of frontage on CR 48.
Another aspect of the Town Code that Alternative 3 is not consistent with is the parking lot
landscaping requirements in§280-95.Additional landscaping details will be required during
the site plan process which will help to make this consistent with Town Code, while also
mitigating visual impacts, and impacts from lighting.
There were no inconsistencies identified with regard to the goals of the New York State
Heritage Area Management Plan.
8. 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.
The DEIS/FEIS includes an evaluation of community characteristics within 500-feet of the
site. The impacts have been analyzed through field assessments and photo-simulations of
each alternative. The purpose of SEQRA is to incorporate environmental considerations,
when making a decisions. The applicant has provided Alternative 3 as added mitigation and
for its compatibility with the surrounding area and community characteristics.Alternative 3
includes demolition of the existing structure, relocation of a new building for proposed
convenience store to the west of the site, and a single canopy with six fuel pump islands/12
fuel pump stations with nearly 50% of landscaped area as natural buffer.
The Alternative 3 photo-simulation compares this redesigned site plan with other
alternatives and the earlier proposed site plan. The visual impact potential has been partially
addressed by Alternative 3 by relocating the building to the west, including more
landscaping in the front, and moving the canopy away from CR 48, however the canopy is
larger than the original action's two canopies added together, and the building is also larger
than originally proposed.
The building and canopy architecture, building materials, site layout, lighting and
landscaping are intended to respect the North Fork's heritage and historical architectural
attributes, however they will require some changes to be able to found consistent with
community character. The design of the proposed sign has been changed from the vintage
appearance presented in the DEIS. The vintage design was more consistent with the
community character than the sign proposed in Alternative 3, which detracts from the
community character and is not consistent with the Town Code.
The lighting under the gas station canopy will, by its nature, be obtrusive and detract from
community character through light pollution and sky glow. While to some extent this is
unavoidable due to the height of the canopy, further mitigation of this impact can be
accomplished by reducing the size of the canopy, thus reducing the amount of light overall.
Reducing the reflectivity of the surfaces underneath the canopy through color choice and
surface type can also reduce the light pollution effect. Parking lot lighting can also be
mitigated through good design.
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Final Environmental Impact Statement Southold Gas Station and Convenience Store at CR 48 and
Youngs Avenue-Southold,NY-July,2018
Overall, the scale of the development and design need more work to be consistent with
community character. Of the13 gas stations on the North Fork (Jamesport to Orient), only
eight have canopies. Of those that have canopies,the average size is 1,255 sq. ft., the median
is 1,200 sq. ft., and the maximum size is 2,800 sq.ft. At 3,865 sq. ft. the canopy proposed in
Alternative 3 is three times larger than the average canopy, and 40% larger than the largest
canopy in the area. The average number of fuel pump stations is 5 and the median is 4, with
the maximum number being 8. Alternative 3 proposed 12 fuel pump stations, three times
more than the median, and 50% more than the maximum number in the area.
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Final Environmental Impact Statement Southold Gas Station and Convenience Store at CR 48 and
Youngs Avenue-Southold,NY-July,2018
3.0 DEIS Comments and Responses:
1. Location and Quantity of gas stations and need for a new gas station:
a. Brett Anderson - Written Comments - "There are already sufficient options in the
immediate area for gas and a convenience store. What is the need for a garishly lit,
corporate branded gas station to sell what residents of Southold can already get a mile
down the road?"
b. Camille Broussard - Written Comments - "Don't need another convenience store.
Won't benefit our town."
c. Judy Fouchet- Written Comments - "There's a greater need to develop gas station on
N side of road instead of S side."
d. Peggy Murphy - Written Comments - "Questions value and need of the use. Cites
number of gas stations in the Town already."
e. John Roslak-Written Comments - "Would provide choice and relieve congestion and
improve the appearance of our Town."
f. Michael Basic- Public Hearing Comments -"Second fuel station would alleviate traffic
from the N side of Town to the S side of town for people looking for fuel."
g. Tracey Orlando - Public Hearing Comments - "Appropriate use of property." "Full
service pump is needed in the area." "Will support the community as well."
h. John Roslak-Written Comments - "Perfect location for facility."
Response#1 (a-h):
The DEIS addresses the appropriateness of the location for the proposed convenience store
and gas station, and makes the point that the uses are permitted by zoning with a
convenience store a permitted use and the gas station permitted by Special Exception permit
of the ZBA.
There is no available property zoned General Business B on the north side of CR 48, which
could accommodate the proposed gas station.
CR 48 is a major east west thoroughfare, which serves local and non-local vehicular
transportation needs. Within the Southold Hamlet, on CR 48 there is 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 intersection of CR 48 and Youngs
Avenue signalized, which allows for ingress and egress from the site by eastbound and
westbound vehicles. The site also provides access by vehicles traveling northbound and
southbound along Youngs Avenue.
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Final Environmental Impact Statement Southold Gas Station and Convenience Store at CR 48 and
Youngs Avenue-Southold,NY-July,2018
2. Visual,Scenic Resources,Litter and Crime
a. Cheryle and Tom Amara - Written Comments - "Concerns about lighting, noise, and
potential crime."
b. Camille Broussard-Written Comments - "Both air and light pollution will increase as
well as litter."
c. Sept. 112017 Petition, 103 Signatures submitted by Elin Corwin - "Establishment will
bring dramatic increase in traffic, noise and crime to Youngs Avenue as well as
environmental hazards and bright, intrusive lighting which will destroy the character
of our neighborhood, our peaceful enjoyment of our homes and our quality of life."
d. Group for the East End-Written Comments-"We ask the Planning Board to recognize
that as proposed,the subject action could have a substantial impact on both the visual
character and environmental resources of Southold Town."
e. Joan & Gary Rempe -Written Comments - "Concern over dramatic increase in traffic,
noise pollution, and crime to Youngs Avenue"
f. Melissa Talarico - Written Comments - "Concern over dramatic increase in traffic,
noise pollution, and crime to Youngs Avenue"
g. Pat Marcu - Public Hearing Comments - "Concern about light pollution and impact on
the night sky."
h. Southold Town Staff Comments - Comment #11 - "The DEIS indicates that the sign
will include illuminated fuel placards for regular gas,plus,super, diesel and E-85. The
36sf area, wall mounted convenience store sign will be internally lit, and be located at
a maximum height above finished grade of 15 feet. The illuminated and internally lit
proposed sign design does not appear to meet Town Code regulations Article XIX Signs
Section 280-87. Provide analysis that the proposed signs meet Town Code. Does the
sign design coincide with the visual renderings in Appendices 26, 27, and 28?"
i. John Roslak-Written Comments-"Perfect location for facility." "Would not take away
from the appearance of the Town."
Response#2:
Visual Impact: The visual impact analysis is based upon the conceptual site plan as proposed
and the alternatives presented. The photo-simulations are presented as a general
representation of how the proposed project and alternatives will be viewed from a variety
of local positions to assess the impact on community character and vistas. Site plans and
architectural designs have been accurately depicted to show the scale of the project,
alternate locations of the building, canopy and pumps and screening mechanisms such as
landscaping. This includes Alternative 3, with photo-simulations provided in the FEIS.
Lighting: The lighting under the gas station canopy will,by its nature,be obtrusive and have
a visual impact through light pollution and sky glow.While to some extent this is unavoidable
due to the height of the canopy, further mitigation of this impact can be accomplished by
reducing the size of the canopy, thus reducing the amount of light overall. Reducing the
15
Final Environmental Impact Statement Southold Gas Station and Convenience Store at CR 48 and
Youngs Avenue-Southold,NY-July,2018
reflectivity of the surfaces underneath the canopy through color choice and surface type can
also reduce the light pollution effect. Parking lot lighting can be mitigated through good
design-placing lights where they are needed,and also by landbanking some of the required
parking(i.e.not building out the entire parking lot) to reduce the amount of parking lot lights
required, and following the Town's lighting code.
Signage: The DEIS detailed the lighting required pursuant to Town Code is section 175-5
Standards for Exterior Lighting. Detailed lighting plans and signage will be provided to the
Planning Department as required by the Planning Board's site plan review. The sign
proposed on the revised site plan Alternative 3 will be redesigned to meet the code and to
mitigate light pollution.
The SEQRA process does not exempt the action from special conditions or compliance with
the regulatory agency regulations. Refinements of canopy size and design, site lighting,
signage and landscape requirements will be further reviewed to accomplish additional
mitigation.
Litter: Litter will be controlled by general housekeeping practices, including placement of
trash disposal bins in proximity to the pump islands,periodic sweeping and picking of debris.
Trash dumpsters are depicted on the Alternative 3 site plan in a fenced location, screened
from view.
Crime: The site will be lit in such a way as to be as unobtrusive as possible,while at the
same time designed to deter loitering and criminal activity.Additional deterrents such as
video surveillance of the premises and grounds by employees and an alarm system
connected to a central station will be used to further mitigate impacts to quality of life from
potential crime.
3. Character of the Neighborhood
a. Sept. 112017 Petition, 103 Signatures submitted by Elin Corwin - "Concern over the
character of the neighborhood at risk.
b. John D. Castiglione - Written Comments - "Another gas station doesn't further the
goals of the community moving forward while preserving what makes it unique."
c. Joan & Gary Rempe - Written Comments - "Concern over destroying the character of
our neighborhood and quality of life." "Concern over the use affecting property
values."
d. Melissa Talarico -Written Comments - "Concern over destroying the character of our
neighborhood and quality of life." "Concern over the use affecting property values."
e. Southold Town Staff Comments - Comment #1 - "Staff disagrees with the following
assessment: the site falls within the NYS Scenic Byways area of CR 48, and within the
boundaries of the NYS 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, recreation, cultural, natural, historic and archaeological significance."
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Final Environmental Impact Statement Southold Gas Station and Convenience Store at CR 48 and
Youngs Avenue-Southold,NY-July,2018
Comment #5 - "Staff disagrees with the conclusion that the proposed 1920's theme
design mitigates impacts to aesthetics community character and the Scenic Byway.
See item regarding Section 6.4 below." (Comment 8 - this comment is addressed as
item #5 for Alternatives)
f. Group for the East End - Written Comments - "We do not find that the DEIS fully
addresses the overall environmental and community character impacts that this
proposal may impart on both the subject property and the surrounding community."
Response# 3:
The applicant has provided a revised plan (Alternative 3 in Appendix 15 of the FEIS) as
mitigation to concerns over community character and visual impacts. The revised site plan
in Alternative 3 has positioned the convenience store building to the westerly area of the
site. This action provides for a greater landscape area at the southeast corner of CR 48 and
Youngs Avenue. The fuel pump islands and the canopy are buffered by this landscaping. The
canopy is located almost 10' further west from Youngs Avenue and over 50' further south
from CR 48. The pump island and canopy as proposed under the mitigation plan will also be
located approximately 10' farther away from the southerly property line than in the original
proposed action. These improvements reduce potential for impact from visual, light
intrusion, and noise associated with the gas station operation. The photo-simulation is
depicted in Appendix 14.
Alternative 3, however, does not minimize or avoid environmental impacts to the maximum
extent practicable,nor did the 1920's vintage themed design presented in the DEIS.The Lead
Agency does agree that the vintage theme provides some mitigation towards impacts to
community character, but did not agree that it mitigated all aesthetic impacts because the
vintage design did not change the size of the project overall.
The proposed action is located in the B zoning use district and a permitted use by Special
Exception by the Zoning Board of Appeals. The use, however is not entirely consistent with
the Town's land use code because it requires variances. The canopy is located too close to
the roads, and the length of the building is too long (up to 60' is permitted). See Section 7
under the Executive Summary above for related information about consistency with
community plans and Section 8 for related information about the consistency with
community character.
Architectural designs will need to more closely reflect the existing community character and
be designed to be aesthetically sensitive to the traditional designs associated with Long
Island's "North Fork" image.
4. Noise
a. Cheryle and Tom Amara - Written Comments - "Concerns about lighting, noise, and
potential crime."
b. Sept. 112017 Petition, 103 Signatures submitted by Elin Corwin - "Establishment will
bring dramatic increase in traffic, noise and crime to Youngs Avenue as well as
17
Final Environmental Impact Statement Southold Gas Station and Convenience Store at CR 48 and
Youngs Avenue-Southold,NY-July,2018
environmental hazards and bright, intrusive lighting which will destroy the character
of our neighborhood, our peaceful enjoyment of our homes and our quality of life."
c. Joan & Gary Rempe -Written Comments - "Concern over dramatic increase in traffic,
noise pollution, and crime to Youngs Avenue"
d. Melissa Talarico - Written Comments - "Concern over dramatic increase in traffic,
noise pollution..."
e. Southold Town Staff Comments - Comment #4 - Page 12 -The DEIS states that 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. Staff disagrees with
the above statement. Could you explain the rationale further?
f. On the same page it is stated that a temporary increase in noise may be experienced
during certain period of construction activity which can be minimized by staging the
hours of the work. Is there a proposal for staged construction activities?
g. Will construction be conducted on Sundays and Holidays?"
h. Comment #10 - Page 49-50 Section 7.3 The vacuum cleaner sound was recorded as
87 dba higher than the maximum threshold of 85 dba for an eight hour time period.
What threshold is referenced here?
i. The statement that `there will be no noise above that which currently occurs from
existing traffic'is not accurate when the vacuum cleaner standard was found to exceed
traffic noise levels at the BP gas station. Is there a vacuum cleaner model designed to
reduce noise levels?
j. The peak noise level is 94.75 dba as indicated in Appendix 11. What generated this
noise level?
k. Are the pumps proposed to have electronic screen advertisements that generate
noise?"
Response#4:
a) The ambient noise levels (i.e. background noise) as measured at the site's property
boundary were found to be generated by the existing vehicles.The greatest noise was
generated by diesel trucks, and in particular 18-wheeler and 10-wheeler commercial
trucks. Smaller vehicles including cars and trucks were also sources and in
combination with day-time traffic on Youngs Avenue and CR 48, there was a nearly
constant source of this ambient noise generated by traffic. The decibel levels spiked
above 85 dB. The proposed gas station requires all vehicles fueling to be turned off
(no idling). Alternative 3 includes the relocation of the vacuum station to the north
side of the proposed building, which positions the vacuum as near as practicable to
CR-48 (where ambient noise is greatest). Although noise generated by the BP
station's vacuum cleaner noise level was recorded at 87 dB, it is important to note
that this measurement was recorded at the vacuum itself and not at the property line.
The noise levels measured at the property line were influenced by the traffic along CR
48. Therefore the noise anticipated by the proposed gas station use will not exceed
the existing noise levels, of which the dominant source is roadway traffic.
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Final Environmental Impact Statement Southold Gas Station and Convenience Store at CR 48 and
Youngs A venue-Southold,NY-July,2018
b) Temporary noise levels will be expected during construction activity.As stated in the
DEIS,the construction activity will comply with the Town Code noise limits as stated
under Section 180-6 Standards and Section 180-7 Exceptions Heavy construction
site development activity will be limited to the hours of 7:00 AM through 7:00 PM,
with no construction on Sundays or Holidays, with exception of building interior
work. On an as needed basis and response to noise complaints, the applicant will
accommodate additional construction staging and scheduling to minimize any
nuisance noise impacts to the surrounding neighbors.
c) As stated in the DEIS,the construction activity will comply with the Town Code noise
limits as stated under Section 180-6 Standards and Section 180-7 Exceptions Heavy
construction site development activity will be limited to the hours of 7:00 AM through
7:00 PM, with no construction on Sundays or Holidays, with exception of building
interior work. On an as needed basis and response to noise complaints,the applicant
will accommodate additional construction staging and scheduling to minimize any
nuisance noise impacts to the surrounding neighbors.
d) The threshold noise levels are based on 29 CFR 1910.95 (b) (1) of the Occupational
Safety and Health Administration guidelines.
e) The response is provided in this section under "Response # 4 a. The decibel levels of
the vacuum cleaner measured at the BP station were measured at the machine. The
noise level at the property boundary was generated by the traffic on CR 48. The
vacuums are not a continuous noise generator but temporary. The proposed location
of the vacuums under Alternative 3 are designed to minimize noise by locating the
machines as near as practicable to CR 48. Vacuum cleaners that generate less noise
were not located.
f) The 94.75 dB noise level source was an 18-wheel, diesel truck. The identity of the
source was not included in the DEIS.
g) The pumps will not include audio-visual screen advertisements.
S. Traffic
a. Cheryle and Tom Amara
1) Concerns regarding traffic, placement of pumps along with exits and entrances.
Response: the site layout has been designed to provide optimal traffic flow throughout and
will meet town requirements for parking spaces and queuing. Further review of the placement
of pumps and driveways will be conducted to ensure safety.
2) The current business has not ever come close to the traffic on our street that a 12
pump, 23 +car parking lot will generate if built.
Response: the proposed site will only generate a negligible increase in new trips.
3) If approved there will be an increase in accidents at this intersection.
Response: the relatively small amount of additional traffic to be generated to the studied
intersection by the proposed project should not significantly increase the frequency of
accidents at the studied intersection.
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Final Environmental Impact Statement Southold Gas Station and Convenience Store at CR 48 and
Youngs A venue-Southold,NY-July,2018
4) It is totally irresponsible to have an entrance and exit on the south right merge onto
Youngs Avenue.
Response: there currently is a yield sign for southbound traffic coming from CR 48. Vehicles
entering and exiting will be able to be seen, however care will need to be taken that
landscaping of the site leaves a clear line of sight of the Youngs Avenue driveway for drivers
making the right turn from CR 48 to Youngs Avenue.
5) The town, county and state will have to come up with solutions when the accidents
with potential fatalities start.
Response:see number three above.
6) The Traffic Study(Appendix 15) that was submitted to the Planning Board does not
match what we see here every day.
Response:a future Build condition was generated with applicable growth rates for Suffolk
County.
7) Some significant things to consider from the traffic study are peak tourism months.
Peak tourism months are now from May to the end of October. The study was done
in November.
Response: The traffic engineer acknowledged that their original seasonal factor used in the
TIS to adjust for this was too low. They reevaluated everything adding another 6.6% to the
seasonal adjustment factor for a total of 8.6%. They then ran a new Highway Capacity
Analysis,first using 2015 software, then 2016 software more recently. Their conclusions did
not change. The level of service and operation of this intersection would not change
significantly as a result of this proposed development.
8) On page 3 of the (traffic) study the roadway network was noted. However,what
wasn't noted is Youngs Avenue as a 2 lane undivided roadway with no shoulders.
This leaves a driver with no room for error. When heading east on North Road/48
most drivers use the right turn as a merge onto Youngs. What this means is that
most cars coming onto Youngs are coming at a higher rate of speed.
Response: There is a yield sign that is designed to slow the vehicles heading South from CR
48 to Youngs Avenue. In addition, the safety of vehicles making this turn and those entering
and exiting the Youngs Avenue driveway of this site can be improved by ensuring there is
nothing impeding the drivers'line of sight on the corner.
9) On page 7 in table 1 the estimated increase of trips on a Saturday was 103. We find
that hard to believe when they recorded 210 actual trips going to and from 48.
Response: to estimate the traffic generated by the proposed development, the industry
standard Institute of Transportation Engineers (ITE) Trip Generation, 91h edition was used
10) On pages 9 and 10 the pass by numbers in figures 5 and 6 should be looked at with
real data from pages 4-6.
Response:pass-by trips involve traffic already on the road making an unplanned stop at the
particular land use. According to ITE's Trip Generation Handbook, 3rd edition, there is a
pass-by credit associated with the convenience market with gasoline pumps.
11) Concern about traffic study done in 2015 and does not address the last 2 years
including the extended tourist season into October.
Response: See response to item 7 above.
b. Camille Broussard
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Final Environmental Impact Statement Southold Gas Station and Convenience Store at CR 48 and
Youngs A venue-Southold,NY-July,2018
1)There will be traffic patterns disruptions which will lead to increased accidents.
Response:see Response a. 3) above
2)Youngs Avenue and CR48 is already a high traffic accident intersection.
Response: accident data indicate that the intersection of CR 48 and Youngs Avenue is not
considered a high accident location
c. Petition, 103 Signatures submitted by Elin Corwin
1) Establishment will bring dramatic increase in traffic,noise and crime to Youngs
Avenue...
Response: This type of use generates a very large percentage of pass-by traffic(as much as
50%) that is already on the road
2) Concerned about the traffic impact at the entrance of Founders Village with
approximately 100 vehicles plus those of guests, contractors and service providers
entering and exiting Founders Village daily.
Response: Vehicle increase along Youngs Avenue is expected to be minimal and, as such,
impact to the founders Village entrance is expected to be minimal.
3) Non-Founders Village vehicles now use the Founders Village entrance/exit to turn
around. Safety concerns.
Response: See Response to number 2 above
d. Elin Corwin
1) Traffic count data may be unreliable for analysis
Response: the turning moving counts were taken during the midday and p.m. peak hours on
a weekday and during the mid-day peak period on a Saturday
2) In comparing the traffic count volumes reflected in the TIS with the turning moving
counts in Appendix A, there seems to be significant discrepancies: Sat Peak and Mid-
Day Peak.
a) Sat Peak: the Saturday peak data reflected in Figure 4 on page 6 corresponds
with mid-Day Peak data in appendix A. The Saturday peak data in appendix A
does not seem to correspond to any data in figures 2-4. Please explain.
b) Mid-day Peak:the Mid-day Peak data used in figure 2 on page 4 does not seem
to correspond to any of the data presented in Appendix A. Please explain.
c) Discrepancies between the numbers presented in the graphics showing the
turning counts, and the tables of data call into question the use of the data and
reliance on the data throughout the TIS
Response: Corrected figures have been submitted and are included in this FEIS in Appendix
10, along with an updated analyses. Updated analyses were done using the 2016 of the
Highway Capacity software which had not yet been available during the original traffic
study. No changes to the traffic study's conclusions were warranted, according to the traffic
engineer, as the correct data had been used in the analyses.
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Final Environmental Impact Statement Southold Gas Station and Convenience Store at CR 48 and
Youngs A venue-Southold,NY-July,2018
3) An independent traffic study(counts) was conducted by Founders Village residents
at the intersection of CR 48&Youngs Ave. Did not see comparable area time
included in the DEIS traffic study.
Response: Traffic data were collected in November to avoid delaying completion of the study
for another year. Seasonal adjustment factors were updated in the latest version of the DEIS
to be more conservative with a larger percentage added for seasonal fluctuations. Analyses
were run using this updated number and it was found that the additional volume did not
change enough to affect the results of the highway capacity analysis.
4) Concern about large vehicles current use and cutting over to SR 25 and CR 48.
Response: it is anticipated a small number of new vehicles will be performing this movement.
Realize that most of the traffic is pass-by traffic and is already using this intersection.
e. Traffic Study by Elin Corwin
1) Concern that the traffic count for Labor Day 2017 shows an increase of 18%in total
vehicles and pedestrians over the total for the same day in 2015.
2) Concern that the 2017 total of 1,428 is an increase of 28%over the 1,118 weekday pm
count(highest) set forth in the DEIS TIS (included growth and seasonal factors).
Response: On any given day a traffic count can be lower or higher, depending on the
circumstances of that day, whether it be a holiday, or weather-related. While it is interesting
to note that Labor Day in 2017 had much higher traffic than was predicted using the seasonal
adjustment factor, a traffic study's goal is to examine how the proposed development would
likely impact traffic and the operation of the intersection. A higher volume of traffic on any
given day doesn't change how much traffic this site will generate. Much of the traffic in and
out of this site will continue to be vehicles already on the road for another purpose. It is
expected that a holiday would produce extraordinary traffic and as such, levels of service of
many intersections in town would be affected, not just this one.
f. Group for the East End
1) Site plan depicts two separate ingress/egress points. One located on County Road 48
and the other on Youngs Avenue. The traffic study conducted by Schneider
Engineering omitted several crucial analyses in order to determine the project's
impact on the subject intersection.
• Actual traffic counts were not taken during September - October. Seasonal
adjustment factors are not a substitute for actual counts to assess existing
conditions. Such traffic accounts should be required.
Response:Actual traffic counts were taken in November, 2015. Additionally,
please see response to d.3) above.
• There was no discussion of safety regarding left hand turns exiting gas station
to return County Route 48 via Youngs Avenue. The FEIS should explore the
potential accident risk associated with potential conflict between southbound
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Final Environmental Impact Statement Southold Gas Station and Convenience Store at CR 48 and
Youngs A venue-Southold,NY-July,2018
traffic and Youngs Avenue and traffic exiting the gas station attempting to
return to Route 48.
Response: The increase in traffic movements is negligible and not expected to have
a significant impact on the noted area. The relatively small amount of additional
traffic to be generated by the proposed project is not expected to significantly
increase the frequency of accidents in this area.
2) The discussion on the alternative should provide traffic and aesthetics and
community character. The following questions should be addressed in the FEIS:
• How many fewer vehicle trips will the alternative produce?
• What potential changes in the "level of service"will occur at the intersection of
Youngs Avenue and County Road 48?
Response: Estimated vehicle trips were not dependent on the number of fuel pump
stations, so the alternative would have been assumed to produce the same amount
of vehicle trips. This is due to the data used for the estimate which does not
distinguish the number of pumps (Institute of Transportation Engineers (ITE)
Trip Generation 9th Edition Manual).
g. J Fouchet
1) A traffic study done in November of any year does not fairly represent the traffic
situation on the North Fork for at least 6 months of each year.A study should be
done during the months of May through October and on a weekend as well as a
weekday.
Response: See Response to d.3) above.
2) Concerns about safety and making a left had turn into the gas station.
Response: The increase in traffic movements is negligible and not expected to have a
significant impact on the noted area.
3) How is the intersection(Youngs and CR 48) going to be reconfigured to
accommodate this and who is going to pay for it?
Response: The intersection has been reconfigured to be safer as part of the Suffolk
County Department of Public Works'repaving project on CR 48. The left turn from
CR 48 will have a dedicated turning lane in which to stop and wait for an
opportunity to turn.
h. Joan &Gary Rempe
1) "Concern over dramatic increase in traffic,noise pollution, and crime to Youngs
Avenue"
2) Youngs Avenue has seen a huge increase in traffic over the past 5 years, access to
IGA, one of most densely populated roads in Southold.
3) Concerns about increasing traffic on Youngs Avenue from business located on the
road and how that was assessed.
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Final Environmental Impact Statement Southold Gas Station and Convenience Store at CR 48 and
Youngs A venue-Southold,NY-July,2018
Response: Traffic analyses show that the site will not generate enough traffic to
change the safety or operation of the intersection. Many of the trips to and from a gas
station/convenience store are already on the road and are considered "pass-by" traffic.
i. Melissa Talarico -Written Comments -
1) Concern over dramatic increase in traffic,noise pollution, and crime to Youngs
Avenue
2) Youngs Avenue has seen a huge increase in traffic over the past 5 years, access to
IGA, one of most densely populated roads in Southold.
3) Concerns about increasing traffic on Youngs Avenue from business located on the
road and how that was assessed.
Response: see response to h. above.
j. Peggy Murphy
Concern over how use would make intersection of Youngs Ave and CR 48 more dangerous,
and safety of the intersection.
Response: See response a. 3) above, and m. below.
k. Ann Hawkins
1) Concerns about entrance and exit from gas station. Westbound concerned.
2) Concerned over safety of residents
Response: See g. 3) above and m. below
1. John D. Castiglione
Concern over parking lot too large
Response. The parking lot meets the Town's code requirement forparking, and the
site exceeds the minimum landscaping requirement of Town code.
m.Southold Planning Department
Concern over pedestrian and bike safety and access
Response. The SCDPWhas redesigned the section of CR 48 bordering the subject
property to remove the sidewalk. With no connecting sidewalks currentlylocated
anywhere nearby, a sidewalk at this location would not enhance pedestrian safety.
Should sidewalks be added to adjacent parcels, a requirement that this site
construct sidewalks is recommended.A pedestrian crossing signal is available on
the corner. The type of crossing signal is under the jurisdiction of the County. There
is a sidewalk to enter the site on the north side and a bike rack to safely secure
bicycles Other safety improvements may be considered during the site plan review.
Response to# 5.
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Final Environmental Impact Statement Southold Gas Station and Convenience Store at CR 48 and
Youngs Avenue-Southold,NY-July,2018
Responses included under each comment above
6. Alternatives (One Canopy vs.Two)
a. Group for the East End - Written Comments - "The alternative `Reduction in Pump
Island Canopies' pg. 70 doesn't provide an appropriate level of detail and analysis in
order to assess its ability to mitigate the potential visual impacts associated with the
proposal." "The DEIS discounts this alternative merely by stating that it's not feasible
due to potential marketing and business ramifications." "The discussion on the
alternative should provide traffic and aesthetics and community character. The
following questions should be addressed in the FEIS: (1) How many fewer vehicle trips
will the alternative produce? (2) What potential changes in the level of service will
occur at the intersection of Youngs Avenue and CR 48? (3) How might aesthetics,
lighting and community character be amended to reduce impact on the community
with fewer pump stations and canopies?"
b. Group for the East End - Written Comments - "The need for a gas station this size
wasn't sufficiently justified by a market analysis, therefore it would be impossible to
argue that a reduced alternative would negatively impact the business aspect of the
proposal."
c. Southold Town Staff Comments - Comment #8 - "Page 42 Section 6.4 - Section 6.4
ignores the obvious regarding the difference between one canopy and two. It is clear
that removing the front canopy mitigates the visual impacts and impacts to aesthetics,
scenic resources and community character on this scenic byway. It seems a stretch to
state that adding two gas station canopies will improve the situation at this site."
Response#6:
The applicant has proposed an alternative site plan (Alternative 3) which includes a single
canopy design and six(6) fuel pump islands set in a three (3) row system,for a total of twelve
(12) fuel pump stations.The canopy is located above the pump islands and measures 92-feet
in length and 42-feet in width, (an area of 3,864 SF). Alternative 3 proposes the 3,000 SF
building to the west of the site with the pumps and canopy in the near center of the site. The
design includes a 30,877 SF area of landscaping, which is 47.3% of the site's total area.
This design, however, does not mitigate the overall impact of light and aesthetics. The single
canopy proposed in Alternative 3 is larger than the two canopies in the original proposal put
together. It has the same number of fuel pump stations, and as such will cause just as much,
if not more of a visual impact, as well as an impact from lighting.
Mitigation could be accomplished by reducing the size of the canopy to a length that is
consistent with the requirements of Town Code, which prevents structures from being
longer than 60' along a street frontage. This would represent a 1/3 decrease in the canopy
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Final Environmental Impact Statement Southold Gas Station and Convenience Store at CR 48 and
Youngs Avenue-Southold,NY-July,2018
length - from 92' to 60'. The mitigation achieved by this reduction would be to reduce light
pollution, as well as having a development that is scaled relative to the area and community
character. There is no gas station anywhere in Southold Town with more than 4 fuel pump
islands (8 fuel pump stations).The applicant has provided no evidence that reducing the size
of the canopy and number of pump islands would be detrimental to this business.
The trip generation data were based on the general use of a convenience store with gasoline
pumps,and as such,the number of pumps are not a factor in the studies used to generate the
data. Reducing the number of pumps would not change the analysis of trip generation.
7. Underground Tanks
a. Camille Broussard - Written Comments - "Concerns about oil tanks in ground and
potential spills and contamination.
b. Group for the East End - Written Comments - "The DEIS doesn't discuss the site's
existing conditions as related to any old underground fuel storage tanks that may have
been utilized when the site operated as a gas station decades ago. The FEIS should
discuss the existence or absence of any bulk fuel storage tanks and as necessary,
propose for tank removal, soil testing and remediation prior to any project approval."
c. Pat Marcu- Public Hearing Comments -"Concern about pollution, underground tanks
and possibility of plume and length of remediation."
d. Ellen Corwin - Public Hearing Comments - "Concern about underground storage
tanks,tasting and reference to spill in DEIS."
Response# 7:
To date, two (2) onsite physical Phase II site investigations to assess the environmental
quality of the site soils and groundwater, and location of abandoned underground storage
tanks (USTs) associated with the site's former use as a gas station. The site investigations
were conducted by Berninger Environmental, groundwater and geologic consultants and
engineers. The investigations were conducted in May 2014 (Appendix 11) and again in
November 2017 (Appendix 5). The investigations were conducted with standards of
professional practice for suspected UST location, soil and groundwater sampling, field
screening and laboratory sample analyses for compounds associated with petroleum
products and releases to the environment.
Soil samples were field screened using a photo-ion-detection meter(PiD),an instrument that
is used to detect presence of volatile and semi-volatile organic compounds (VOCs and Semi-
VOCs).Soil borings were conducted using a Geo-Probe,with soil sample retrievals at four(4)
cores to groundwater. Groundwater elevations were measured to determine flow direction
and groundwater samples collected and analyzed for VOCs and Semi-VOCs by American
Analytical Laboratory, a New York State Department of Health certified lab (NYSDOH #
11418).
The 2014 site investigation revealed the presence of VOCs and Semi-VOCs that are indicative
of degreasing agents and cleaning materials, and not of petroleum products such as gasoline
26
Final Environmental Impact Statement Southold Gas Station and Convenience Store at CR 48 and
Youngs Avenue-Southold,NY-July,2018
or oil. Petroleum product releases/spills are typified by a broader list of compounds than
what was found in the 2014 test results. The summary of the 2014 results are presented
Tables 1 (a) and (b). The units or measurement are presented in parts per billion (ppb).
Table 1 a) 2014 Site Investigation Groundwater Sample Analytical Results
Groundwater Well# 2 Results NYSDEC TOGS 1.1.1 Standard*
VOCs
Acetone 2.1 ppb 50 ppb
Methylene chloride 2.5 ppb 5 ppb
Toluene 0.98 ppb 5 ppb
SEMI-VOCs
Bis(2-ethylhexyl)phthalate 0.61 ppb 5 ppb
Groundwater Well# 3
VOCs
Acetone 2.6 ppb 50 ppb
Methylene chloride 2.9 ppb 5 ppb
SEMI-VOCs
Bis(2-ethylhexyl)phthalate 1.4 ppb 5 ppb
Di-n-octyl phthalate 0.73 ppb 50 ppb
(*Source:TOGS 1.1.1)
None of the water samples exceeded the TOGS standards.
27
Final Environmental Impact Statement Southold Gas Station and Convenience Store at CR 48 and
Youngs Avenue-Southold,NY-July,2018
Table 1 � (ppb) 2014 Site Investigation Soil/Sediment Sample Analytical Results
SOIL SAMPLES NYSDEC* SCDOH
Drain Pool Results Part 375 Action Level Cleanup Objective
VOCs
Acetone 3.0 ppb not listed ** **
Methylene Chloride 7.7 ppb 50 100 50
SEMI-VOCs
Benzo (a) pyrene 41 ppb 1000 44,000 22,000
Benzo (b) pyrene 60 ppb 1000 not listed
Fluoranthrene 33 ppb 100,000 200,000 100,000
Ideno (1, 2, 3-c,d)pyrene 89 ppb 500 16,000 8,000
Pyrene 33 ppb 100,000 200,000 100,000
Septic
VOCs
Acetone 4.3 ppb not listed ** **
Methylene Chloride 6.4 ppb 50 100 50
SEMI-VOCs
Fluoranthene 37 ppb 100,000 200,000 100,000
Phenanthrene 34 ppb 100,000 200,000 100,000
Pyrene 32 ppb 100,000 200,000 100,000
SD Rear
VOC
Acetone 2.4 ppb no listed ** **
Methylene Chloride 7.3 ppb 50 100 50
SEMI-VOCs
Acenaphthene 1,100 ppb 20,000 200,000 98,000
Anthracene 1,600 ppb 100,000 200,000 100,000
Benzo (a) anthracene 10,000 ppb 1,000 2,000 1,000
Benzo (b) pyrene 10,000 ppb not listed not listed not listed
Benzo (b) fluoranthene 13,000 ppb 1000 3,400 1,700
Benzo (g,h,i) perylene 7,000 ppb 100,000 200,000 100,000
Benzo (k) fluoranthene 11,000 ppb 800 3,400 1,700
Bis (2-ethylhexyl) phthalate 1,200 ppb not listed not listed
Carbazole 2,800 ppb not listed not listed
Chrysene 15,000 ppb 1,000 2,000 1,000
Di benzo (a,h) anthracene 1,700 ppb 1.0 M 200,000 200,000
Di benzofuran 630 ppb not listed not listed
Fluoranthene 28,000 ppb 1.OM 200,000 100,000
Fluorene 1,200 ppb 386,000 200,000 100,000
Ideno (1, 2, 3-c,d) pyrene 8,700 ppb 8,200 16,000 8,000
Phenanthrene 20,000 ppb 1.OM 200,000 100,000
Pyrene 25,000 ppb 1.OM 200,000 100,000
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Final Environmental Impact Statement Southold Gas Station and Convenience Store at CR 48 and
Youngs Avenue-Southold,NY-July,2018
Table 1 h (ppb) 2014 Site Investigation Soil/Sediment Sample Analytical Results (continued)
NYSDEC* SCDOH
Results Part 375 Action Level Cleanup Objective
Soil Borings
B-1
VOCs
Acetone 3.7 ppb 50 ** **
Methyl chloride 6.5 ppb 50 100 50
SEMI-VOCs
None Detected
B-2
VOCs
Acetone 4.5 ppb 50 ** **
Methyl chloride 6.6 ppb 50 100 50
SEMI-VOCs
None Detected
B-3
VOCs
Acetone 4.0 ppb 50 ** **
Methyl chloride 6.7 ppb 50 100 50
SEMI-VOCs
None Detected
** Due the relatively short half-life in the environment, if acetone is the only contaminant of
concern in a sample,the primary response should be to determine and eliminate the source
of the acetone discharge. The requirement to perform a remediation will be determined on
a case by case basis. (SCDOH Article 12- SOP No. 9-95).
*NYSDEC Part 375 Restricted Use Soil Cleanup Objectives are based on protection of
groundwater as presented in NYSDEC Part 375-6.8 (b).
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Final Environmental Impact Statement Southold Gas Station and Convenience Store at CR 48 and
Youngs Avenue-Southold,NY-July,2018
A summary of the November 2017 findings indicates that soil samples did not indicate a
release of petroleum product has occurred at the subject site.
One Semi-VOC was detected above the New York State TOGS limit for groundwater. The
groundwater sample was collected from sample location B-1-GW-3 as shown on the location
map.
The compound, Bis (2-ethylhexyl) pthalate was reported at 18 ppb. The New York State
TOGS limit for groundwater is 5 ppb.The compound is typically associated with plastics,PVC
and dielectric fluids. The compound is not directly associated with gasoline or diesel spills,
and there is supporting information that when groundwater sampling programs are
conducted using PVC piping in the monitoring wells and high concentrations of gasoline
product is detected in the groundwater samples, the samples results may be skewed due to
a breakdown of the PVC pipe and a release of the Bis (2-ethylhexyl) phthalate into the
sample.
The groundwater sample collection at the site did use PVC piping to collect the sample. It is
possible this sample was "cross-contaminated"by the PVC tube,because no other petroleum
products were detected in the 2017 groundwater samples.
A second potential source of the Bis (2-ethylhexyl) pthalate is the sediment and soil from the
site's existing leaching pools.The May 2014 site investigation included soil samples from the
leaching pool (which is connected to the garage bay floor drain) with sample results of Bis
(2-ethylhexyl) phthalate found at 320 ppb. If there were significant quantities and varieties
of VOCs and Semi-VOCs detected in the 2017 groundwater samples (i.e. benzene, toluene,
xylenes) that are associated with petroleum product releases, then a further investigation
and remedial action would be recommended. The groundwater and soil lab results indicate
there is potential that the Bis (2-ethylhexyl) phthalate source is not related to the site's
former gasoline storage.Acetone and methylene chloride are commonly used as automotive
parts de-greasers and general maintenance cleaning products and may be associated with
the current or historical use of the site. The new UST(s) proposed for the gas station will
meet NYSDEC and SCDOH codes designed for protection of groundwater and leak detection.
8. Groundwater/Soil
a. Group for the East End - Written Comments - "Berninger Environmental Inc. the
DEIS doesn't detail the compounds found and the 2014 report is not appended
within the DEIS for review." "GFEE recommends that the Berninger report in its
entirety be submitted to the Town, subjected to public review and properly
addressed in any FEIS. It is necessary to understand what compounds were found
on the site in order to properly assess existing conditions, explore potential
remediation/mitigation measure and evaluate the risk posed by any future site
usage or conditions that would further impact groundwater and soils."
30
Final Environmental Impact Statement Southold Gas Station and Convenience Store at CR 48 and
Youngs Avenue-Southold,NY-July,2018
b. Southold Town Staff Comments - Comment #2 - "Page 10 - The DEIS indicates
that a subsurface investigation was conducted by Berninger Environmental Inc.
and three soil borings were performed in the vicinity of a suspected petroleum
UST. Why were only 3 soil borings sampled?
c. What regulatory sampling protocol was used to determine the number of
adequate soil boring samples needed on site to adequately assess potential
contamination?
d. Comment #7 - Page 32 Section 5.4 - The DEIS indicates that a groundwater
monitoring well was installed and that the groundwater general horizontal flow
direction is southerly and southeasterly. The report lacks an in depth discussion
on groundwater quality findings. Why was the discussion omitted?
e. Was groundwater sampling conducted on properties to the south? Ellen Corwin
- Public Hearing Comments - "Concern about impacts to private wells. Founders
Village has six private wells within 1000 feet of the site currently used for
irrigation. Are there no other private wells on Youngs Avenue within 500 feet of
the site?"
f. Comment#9-Pages 45-48 Section 7.2 -Where can the Berninger Environmental
Inc. report be found in the DEIS? On page 48 of the DEIS it states `Two
groundwater samples were collected from each soil boring....Two minor
detections of less than 1.5 parts per billion were recorded.' What compounds
were tested for under the USEPA 8260 BN methods referenced on page 48?
g. What compounds were detected?
h. Could you confirm that the site was fully investigated to determine the nature and
extent of potential contamination pursuant to NYSDEC sampling protocols?
i. Due to the historic use of the property as a gasoline station and minor detections
why weren't additional soil borings taken over a larger area of the site rather than
the minimum of three?
j. A concern is that Unleaded Gasoline was on site, stored underground and
dispensed and vehicles were repaired on site. Was the site samples analyzed for
benzene, toluene, ethylbenzene, and total xylenes (BTEX), methyltertiary butyl
ether (MTBE), and total petroleum hydrocarbons (TPH)?
k. The NYSDEC Site Investigation Protocols provided as Appendix 4 in the DEIS
includes a section on testing protocols for older gasoline product that states: `itis
hard to distinguish.....the sample should be analyzed for RTEX.'Was this testing
protocol followed, if not will it be followed if a suspected spill has been
discovered?
1. Was testing of the soil samples and groundwater conducted by a private or out-
of-house laboratory approved by NYSDOH to perform the specific analyses
required?
Response#8:
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Final Environmental Impact Statement Southold Gas Station and Convenience Store at CR 48 and
Youngs Avenue-Southold,NY-July,2018
a) The complete list of compounds analyzed for under USEPA Methods 8260 Volatile
Organic Compounds and USEPA Methods 8270BN Semi-Organic Compounds is
provided in Appendix 3 and Appendix 4. The May 2014 and November 2017 soil and
groundwater investigative reports prepared by Berninger Environmental, Inc. are
included in their entirety Appendix 11 and Appendix 5 of the FEIS.
b) During the 2014 site investigation, three (3) soil borings (with soil samples collected
to a depth of approximately 35-ft. at which groundwater was encountered) because
three (3) samples would be representative on a parcel of this size.The November 2017
site investigation included three (3) additional soil borings with sample collections to
groundwater and groundwater samples collected for a total of six(6) sample locations.
The 2017 sample locations were selected based on the Town of Southold Planning
Board requested amendments to the proposed soil boring locations, as described in
the Town's November 9, 2017 letter.
c) The sampling protocols used for the site investigations were based on the suspected
location of the former gas station pump islands, suspected tank location and methods
described under the NYSDEC Technical Field Guidance Site Investigation Procedures
included in the DEIS as Appendix 4.
d) The May 2014 lab results found no contraventions occurred when groundwater
analytical results were compared to the New York State groundwater standards
outlined in the Technical and Operational Guidance Series (TOGS) document. The
2017 analytical results also reported acceptable groundwater quality with exception
of Bis-(ethylhexyl) phthalate at 18 ppb. During the 2014 investigations, this same
Semi-VOC compound was detected in the soil samples collected at the leaching/drain
pool (which is connected to the garage bay floor drain) at a level of 320 ppb. No soil
sample results during 2017 exceeded the Suffolk County Department of Health"Action
Levels" (the SCDOH does not regulate Bis-(ethylhexyl) phthalate as a contaminant in
its "Action Level" standards). Nevertheless it was recommended by Berninger
Environmental Inc. that this leaching pool be cleaned during construction of the new
gas station to remove the SOV from the environment. The soils/sediments of the
leaching pool may be the source of the Bis-(ethylhexyl) phthalate that was detected in
the groundwater sample analyzed during the 2017 investigations.
e) Groundwater samples were not collected at any off site locations to the south. The
November 2017 groundwater samples were collected southerly of the May 2014
sampling locations. The locations are shown on the diagrams included with the
Berninger Environmental Inc.reports (Appendix 5 and 11.).For more information,see
Section 1 of the Executive Summary of this FEIS.
f) The Berninger reports and the lab results are included in this FEIS as Appendix 5 and
11.
g) The compounds detected in the groundwater samples analyzed in 2014 were acetone,
toluene, methylene chloride, Bis-(ethylhexyl) phthalate, and Di-n-octyl phthalate are
listed in Table 1 (a). The compound detected in the groundwater samples analyzed in
32
Final Environmental Impact Statement Southold Gas Station and Convenience Store at CR 48 and
Youngs Avenue-Southold,NY-July,2018
2017 was limited to Bis-(ethylhexyl) phthalate at 18 ppb. The New York State TOGS
drinking water (Class GA waters) limit is 5.0 ppb.
h) The site has been investigated in compliance with the NYSDEC Technical Field
Guidance Site Investigation Procedures included in the DEIS as Appendix 4. The
document states that no two site investigations are identical and that professional
experience together with review of the results from regulatory agencies (NYSDEC,
SCDOH and Southold Town) influence future actions. The 2014 recommendation to
clean out and close the leaching pools and soil where the soil samples detected the Bis-
(ethylhexyl) phthalate and other compounds requires the work be completed by the
current owner or during the site development stage. The applicant for the proposed
gas station will proceed with clean up actions, providing the Town approves the
proposed gas station project. At this time the applicant has no legal controls over the
site's environmental cleanup activity. It is also recommended that after the leaching
pools and soils are clean that future development of the site include quarterly
groundwater monitoring to assess the groundwater quality, until such time that the
source and level of Bis-(ethylhexyl) phthalate in the groundwater can be clarified.
i) The applicant has provided an additional investigation performed by Berninger
Environmental Inc. (November 2017) with soil and groundwater sample results
performed by American Analytical Laboratory,a New York State Department of Health
certified lab (NYSDOH # 11418).
j) Yes. The samples were analyzed for benzene, toluene, ethylbenzene, and total xylenes
(BTEX), methyltertiary butyl ether (MTBE), and total petroleum hydrocarbons (TPH)
as described in the USEPA Method 8260 VOC list of compounds. None of these
compounds were detected in 2017 and it has been concluded that the groundwater
results does not support a fuel spill at the site has occurred. The presence of Bis-
(ethylhexyl) phthalate in the groundwater does not indicate a petroleum product
release has occurred because of the absence of the VOC and Semi-VOC "signature"
compounds typically associated with diesel and gasoline products spills and
groundwater contamination. The VOCs detected during the 2014 investigation are
suspected to have been sourced by improper disposal of automotive maintenance
cleaning solvents.
k) The 2017 site investigation was conducted in accordance with the NYSDEC Technical
Field Guidance Site Investigation Procedures. The soil and groundwater sampling and
analytical results do not support a findings that a petroleum product release has
occurred at this site. Sample locations and contaminant types indicate the release
source is indicative of improper disposal of degreasers, oils and similar petroleum
based maintenance products.
The 2014 site investigation sample locations and analytical results of soil and
groundwater samples indicate the sanitary disposal system and floor drain are likely
primary sources of localized VOC and Semi-VOC contaminant levels. These types of
compounds are associated with solvents (degreasers) and petroleum products used
33
Final Environmental Impact Statement Southold Gas Station and Convenience Store at CR 48 and
Youngs Avenue-Southold,NY-July,2018
in the automotive maintenance industries (motor oils, grease, hydraulic fluids, brake
fluids, etc.). Levels of
1) Soil samples were field screened using a photo-ion-detection meter (PiD), an
instrument that is used to detect presence of volatile and semi-volatile organic
compounds (VOCs and Semi-VOCs). Soil borings were conducted using a Geo-Probe,
with soil sample retrievals at four (4) cores to groundwater. Groundwater elevations
were measured to determine flow direction and groundwater samples collected and
analyzed for VOCs and Semi-VOCs by American Analytical Laboratory, a New York
State Department of Health certified lab (NYSDOH # 11418).
9. Impacts to public water supply/Suffolk County Water Authority
a. Jeffrey Szabo, SCWA - Written Comments - "Review cannot be conducted due to
omission of potable water usage provided in GPD and GPM for irrigation."
"Concern over three active well fields within 2500ft of the subject property." "The
statement `each location is beyond the distance of 2500ft' could be misleading or
misconstrued."
b. Southold Town Staff Comments - Comment#3 - Page 11 -The DEIS indicated that
the SCWA provided the location of public water supply wells within 2500-ft of the
subject site. The nearest wells are located 2033ft northeast of the site, north of
Old Country Road. Other SCWA wells are located at CR48 west of the site and at a
location east of Kennys Road; each location is beyond the distance of 2500-ft.
Please discuss and confirm with the SCWA that the past use of the site as a fuel
station has resulted in no impact to the water quality of the wellhead. Further,
does the proposed project lie in the zone of influence of the wellheads?
Response#9:
a) The DEIS stated the distance to each of the SCWA wells and included the SCWA email
noting water connection and availability. For clarification purposes, the SCWA was
provided an estimate of daily water use of 215 GPD, which excludes the proposed
irrigation, estimated to be 30 GPM. The parcel is 1.46 acres, with paved parking
however the site and landscape plans have not been refined to provide more detailed
irrigation information. The DEIS stated, "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." If the statement was confusing with
respect to the SCWA's location of the well closest to the subject site, or the distance to
the wells that are located beyond 2,500 feet, for clarification: The SCWA well located
on the north side of Old North Road is 2,033 feet north of the subject site. The well is
34
Final Environmental Impact Statement Southold Gas Station and Convenience Store at CR 48 and
Youngs Avenue-Southold,NY-July,2018
described as "Old North Road." The wells described as Kennys Road and Middle Road
(Southold) are located west of the subject side at a distance that is greater than 2,500
feet. The Kennys Road well is approximately 5,000 feet from the subject site and the
Middle Road (Southold) well is approximately 4,000 feet from the site. The nearest
SCWA well is the Old North Road well located approximately 2,033 feet from the
subject site. The SCWA information is included in this FEIS as Appendix 14. There is
an existing onsite private well that may be useful as the irrigation well. The applicant
is agreeable to investigating its use for irrigation, depending on configuration of the
final site plan, and where the existing well is factored in the final design. If the well
cannot be used then either a new irrigation well will be installed or the landscape
plan will include native plants that minimize water demand. The applicant will also
install irrigation control devices (timers, rain sensor shut-offs, drip irrigation) to
minimize irrigation and general water use, and restrict irrigation between the hours
of 2:00 AM and 7:00 AM, when the SCWA experiences peak pumping hours.
Further,the potable water requirements, once known with more certainty,will be re-
reviewed by SCWA for their input to ensure that potable water is conserved as much
as possible.
b) The SEQRA record shows there have been no negative comments received from the
SCWA with regard to the site's proposed use as a gas station and convenience store.
In a January 31, 2018 letter received from SCWA, an evaluation of the radius of
influence was conducted for the well located nearest the site (Old North Road well:
located 2,033 feet from the site). The results indicate the subject site (located at CR
48 and Youngs Avenue) is not within the radius of influence. The information is
provided in Appendix 14.
10.Special Exception
a. Group for the East End-Written Comments -"The DEIS lacks a discussion on how the
Special Exception use meets the 23 standards. This is a glaring omission that segments
a crucial factor in the review process and approval of this project. The FEIS must
include a discussion of how the proposed gas station use meets or does not meet the
special exception use."
Response# 10:
The general standards and matters to be considered for all Special Exception uses found in
Town Code Section 280-142 and 143 are analyzed by the Zoning Board of Appeals during
their review. The DEIS and FEIS cover similar topics to those found in the standards and
matters to be considered, and as such, the ZBA, as an involved agency, is expected to take
into account the information found in these SEQRA documents in their Findings and in their
evaluation of the application.
35
Final Environmental Impact Statement Southold Gas Station and Convenience Store at CR 48 and
Youngs Avenue-Southold,NY-July,2018
The DEIS outlined the relevant aspects of the project as they relate to the additional
requirements of Special Exception for gas stations found in §280-48 B 12 and 13. A few of
the responses have been changed to account for the changes in Alternative 3. Only those
sections that were edited from the DEIS are included below.
280-48 A. Permitted Uses.
(14) Convenience stores.
➢ The Convenience store is a permitted use.
280-48B. Uses Permitted bvSpecial Exception by the Board of&Reals
The following uses are permitted as a special exception by the Board ofAppeals:
(12) Publicgarages,gasoline service stations...subject to the following requirements:
(a) Entrance and exit driveways shall have an unrestricted width ofnot less than 12
feet and not more than 30 feet and shall be located not less than 10 feet from any
propertyline and shall be so laid out as to avoid the necessity ofany vehicle backing
out across any public right-of-way.
➢ The proposed action complies with the required dimensions of the ingress/egress
driveways.
(d) All service or repair ofmotor vehicles, other than such minor servicing as
change of tires or sale ofgasoline or oil, shall be conducted in a building.
➢ The proposed action is in compliance with the Code.
(e) The storage ofgasoline or flammable oils in bulk shall be located fully
underground and not less than 35 feet from anyproperty line other than the street
line.
➢ The underground gasoline storage tanks are shown in the original proposed site
plan,prepared by Garrett A. Strang,Architect(May 5,2015). The Alternative 3
site plan depicts the UST(s) at 40-feet from the nearest property line and street as
designed by Eric Nicosia,R.A. (Nov. 6,2017). Each of the designs comply with the
Code.
(f) No gasoline orfuel pumps or tanks shall be located less than 15feetfrom any
street or propertyline.
➢ 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 Alternative 3 site plan
depicts the UST(s) at 40 feet from the property line and street, and pumps islands
approximately 80 feet from the nearest property line and street,as designed by
Eric Nicosia,R.A. (Nov. 6,2017).The designs comply with the Code.
11.Prior Use Argument
36
Final Environmental Impact Statement Southold Gas Station and Convenience Store at CR 48 and
Youngs Avenue-Southold,NY-July,2018
a. Ellen Corwin - Public Hearing Comments - The prior use argument is weak, as it
was 60 years ago. One or two pump gas station with a garden center. This is a lot
of gas station.
Response# 11:
The site's former use as a gasoline station and garden center is a statement of historical fact,
and is not meant to imply that the proposed gas station and convenience store would not
have any impacts.
12.Miscellaneous
a. Town of Southold Staff Comments-Comment#14-Page 66 "The DEIS references
a scenic easement in the sentence, There are other commercially developed
projects within the scenic easement within %mile of theproposedproject. What
scenic easement is being referred to?
b. Town of Southold Staff Comments - Comment #15 - General comment - the
Comprehensive Plan Update is a draft and should not be used as guidance in a
DEIS because it has not been formally adopted by the Town Board.
Response# 12 (a-b):
a) The scenic easement reference should read as scenic resources or scenic byway.
b) Duly noted.
37