HomeMy WebLinkAboutPublic Hearing Response & Revised Visual Impact Study 8/20/2018 F J it C�--] 'E'L L'1
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TERRANA
JUDY LYNN SIMONCIC, P.C.
PARTNER
JSIMONCIC@FORCHELLILAW.COM
August 17, 2018
VIA EMAIL AND REGULAR MAIL
Town of Southold Planning Board
53095 Main Road
Southold, New York H 971
RE: Conifer Realty— Vineyard View
North Road— 62600 CR 48, Southold,New York
SCTM#1000-40-3.1
Dear Chairman Wilcenski and Members of the Planning Board:
We represent Conifer Realty in connection with its application for Site Plan approval. At
the last public hearing held by the Planning Board on August 6, 2018, the Board voted to close
the public hearing and keep the record open for a period of two (2) weeks to allow for the
applicant to respond to comments and a letter submitted by Martin Finnegan, Esq., the attorney
who appeared on behalf of a number of residents who reside across the street from the premises.
Four primary concerns expressed by Mr. Finnegan were site ingress and egress, traffic on County
Road 48 ("CR 48"), the speed limit on CR 48 and possible visual impacts. The applicant
respectfully submits the following in response to those concerns:
Site Ingress and L,y- sr
It has been suggested that the applicant propose to install a left turning lane for access by
westbound vehicles. However, the applicant's professional transportation engineering staff, as
well as that of the Suffolk County Department of Public Works, have determined that neither
safety nor capacity issues indicate that a left turning lane is necessary at this location. More than
adequate sight distance is available for westbound vehicles to see a vehicle waiting to turn left
into the proposed site driveway and take appropriate action. This is based on design speeds up to
70 mph, not the current 50 mph or the contemplated 40 mph. In addition, intersection capacity
analyses indicate that the small number of westbound vehicles expected to turn left into the site
can be accommodated in a safe and timely fashion.
Furthermore, as the Board is aware, the current proposal contemplates a deceleration lane
for eastbound cars entering the site. Provision for a left turn lane would require a wider roadway
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' Town of Southold Planning Board
August 17, 2018
Page 2
along the site frontages, due to the need to align the lanes properly, i.e. the eastbound through
lane on CR 48 must be shifted to the south so that motorists are clear of the opposing traffic in
the left turn lane. This shift in lane alignment might result in an inability to provide the proposed
deceleration lane in the eastbound direction. In addition, the proposed shoulders on both sides of
the travel lanes would be eliminated, reducing the clear zone for drivers and impacting a
thoroughfare for bicyclists.
The Suffolk County DPW, the agency with jurisdiction over CR 48, has reviewed the
proposed plan for the driveway access to CR 48 and it has indicated that the plan is appropriate.
Traffic
We do not agree that additional study of traffic conditions on CR 48 and an update of the
current traffic study is required for the following reasons: Our traffic engineer, Ray DiBiase of
LKMA Associates, addressed many of these points at the hearing:
• The traffic analysis conducted for the FEAF at this site reflects conditions on CR 48
immediately adjacent to the proposed site entrance, not at Young's Avenue. Site generated
traffic was added to the through traffic volumes taken from the Automatic Traffic Recorder
(ATR) counts conducted by Suffolk County DPW on CR 48, 650' east of Young's Avenue
during summer 2015, and was then appropriately modified to reflect ferry activity and
background traffic growth since 2015. The impact of"platooning" of ferry traffic (i.e. the
existence of clusters of ferry traffic in the eastbound direction prior to scheduled departures
from Orient Point, and in the westbound direction following ferry arrivals) is reflected in the
capacity analyses provided in the study conducted for the FEAF. Given the nature of
development and the use of Chapel Lane as a connecting route between Route 25 and CR
48, traffic volumes on CR 48 in the vicinity of Young's Avenue are almost without
uncertainty higher than those at the site driveway; i.e. the CR 48 volumes used in the traffic
analysis are conservative
• In the weekday morning, weekday evening and Saturday peak hours, the project will
generate on average of about one car every two minutes. This increase in traffic on CR 48
would be essentially imperceptible, given the magnitude of the existing traffic on CR 48. In
terms of percentages, the increase is equivalent to about `/2 of one percent of additional
traffic which is clearly minimal and will have no adverse impact on existing traffic
conditions along CR 48.
• The data presented in the FEAF went beyond the basic, typical EAF requirement of
providing an estimate of the numbers of vehicles generated per day, by providing both a
comparison of traffic capacity impact (based on Levels of Service under Build and No
Build conditions) as well as a traffic accident/crash analysis, which indicated that about two-
thirds of the crashes along this segment of CR 48 are collisions with deer and that, of the
remaining crashes, there are no identifiable trends in the types of crashes that would lend
themselves to mitigation measures to improve traffic safety. In addition, the overall crash
I
Town of Southold Planning Board
August 17, 2018
Page 3
rate (based on accidents per million-vehicle miles traveled) is less than the Statewide
average for roadways with characteristics similar to those on CR 48 (actually the rate is
about half of the Statewide rate, even when the deer collisions are included)
• In accordance with SEQRA, an applicant is responsible for mitigation only of his
project's incremental impact, and not to mitigate previous "ills," i.e. those roadway safety or
traffic capacity deficiencies which exist, whether or not a new development project is
implemented
• The Suffolk County DPW has reviewed the traffic study submitted and is in agreement
that an additional traffic study is not required.
Seed Limit on CR 48
As stated at the public hearing, the Applicant would support a request to the Town Board
and the Southold Town Transportation Commission for a reduction in the speed limit on this
portion of CR 48 between Town Beach and Route 25 from 50 mph to 40 mph.
Visual Impact
Enclosed herewith is a revised Visual Impact Study. Please note the following substantial
improvements to the plan which were not reflected on the previous submission:
1. We have identified 4 quality trees that will remain together with an area of low
vegetation. They are depicted on the enclosed plans (sheets LS 1-A and LS 1-B prepared
by LKMA Associates, dated 7/17/2018)
2. We are proposing to landbank the parking area closest to CR 48 and build the previously
landbanked parking adjacent to the community building.
3. It should be noted that the plantings proposed in the Visual Impact Study are, "as
planted", not, "as mature". The impact will lessen as the plantings mature and the
screening is filled in.
We believe that the enclosed changes better integrate the Vineyard View into the landscape
of the scenic byway and will only get better as plantings mature. In addition, it should be noted
that the views shown in the Visual Impact Study are static and show a view that is most open. In
reality the visual experience will be more dynamic.
Town of Southold Planning Board
August 17, 2018
Page 4
Based upon the foregoing and the record before the Planning Board, we respectfully request
that the Planning Board adopt a Negative Declaration in connection with the environmental
review of this Project and approve the proposed site plan as currently submitted.
Thank you for your time and cooperation in this matter.
Very truly yours,
FORCHELLI DEEGAN TERRANA LLP
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Enclosures
cc: Allen Handelman (w/o enclosures)
Martin D. Finnegan, Esq. (with enclosures)
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