HomeMy WebLinkAboutFindings Statement SEQR
State Environmental Quality Review
Findings Statement
Pursuant to Article 8 (State Environmental Quality Review Act- SEQR) of the Environmental
Conservation Law and 6 NYCRR Part 617, the Southold Piaurt
sing Board as the Lead or an Involved
Agency makes the following findings.
Name of Action: Proposed Site Plan for Southold Gas Station &Convenience Store
Description of Action:
This amended Site Plan is for the proposed conversion of an existing 3,476 sq.ft. building
(formerly for vehicle detailing, RV sales and servicing) to a convenience store and vehicle
fuel sales with: 6 fuel pumps(12 fueling stations), two canopies, one at 50'x 24'(1,200 sq.
ft.)and the other at 50'x 50' (2,500 sq. ft.) and 29 parking spaces on 1.46 acres in the
(,,anr^rr_at Rric'rucatzc!R1 7nninn nictrirt
Location:
The property is located at 45450 CR 48, on the s/w corner of CR 48 and Youngs
Avenue, Southold.
Agency Jurisdiction:
Site Plan
Date Final Environmental Impact Statement Filed:
July 10, 2018
Facts and Conclusions Relied on to Support the Decision:
i qe impjct and so
Tlra:Southold Town F'I;anrnrnc Board funds that lta� proposed err,°;tirara would result rrw rwarr�t� r ate.,to I ar„
issues lyre attached Findings Statement which ��apptk ;,rnjr ic�3ti� n to such potential imp ac ts -This conclusion was
reached base on the sut,jec.:t file, L)rar1 Environmenl,al Impact»r. t rternent, Final Env4onr•nentzrl lrnpt.rct SMIL-i-nent, public
testimony sand c,orrespond enr,C rubra Med during review of the ar;t on—
Please refer to the attached Findings Statement document
STATE ENVIRONMENTAL QUALITY REVIEW ACT
FINDINGS STATEMENT
SOUTHOLD GAS STATION & CONVENIENCE STORE
HAMLET OF SOUTHOLD, TOWN OF SOUTHOLD
SUFFOLK COUNTY, NEW YORK
Certification To Approve/Fund/Undertake :
Having considered the draft and final Environmental Impact Statement and having considered the
preceding written facts and conclusions relied on to meet the requirements of 6 NYCRR Part 617.11, this
Statement of Findings certifies that:
1. The requirements of 6 NYCRR Part 617 have been met; and
2. Consistent with social, economic and other essential considerations from among the
reasonable alternatives available, the action is the one that avoids or minimizes adverse
environmental impacts to the maximum extent practicable, and that adverse impacts will be
avoided or minimized to the maximum extent practicable by incorporating as conditions to
the decision those mitigative measures that were identified as practicable.
3. (And if applicable) Consistent with the applicable policies of Article 42 of the Executive
Law, as implemented by 19 NYCRR Part 600.5, this action will achieve a balance between
the protection of the environment and the need to accommodate social and economic
considerations.
(� Name of Agency
Donald Wilcenski
Signature of Responsible Official Name of Responsible Official
Planning Board Chair Ea D Qv 1
li-
Title of Responsible Official Date
Address of Agency
Town of Southold Planning Board
54375 State route 25
P.O. Box 1179
Southold, New York 11971-0959
cc, Other Involved Agencies
Applicant
STATE ENVIRONMENTAL QUALITY REVIEW ACT
FINDINGS STATEMENT
SOUTHOLD GAS STATION AND CONVENIENCE STORE
TOWN OF SOUTHOLD, SUFFOLK COUNTY, NEW YORK
Date: September 10, 2018
This Findings Statement is issued pursuant to Article 8 of the Environmental Conservation Law
(State Environmental Quality Review Act— SEQRA) and the implementing regulations therefor
at 6 NYCRR Part 617.
PROJECT LOCATION: 45450 County Road 48
s/w corner of Youngs Avenue & CR 48, Town of Southold,
Suffolk County,New York
SCTM: Section 1000-55-5-2.2
APPLICANT: Name: Sukru Ilgin
Address: P.O. Box 547
Laurel,NY 11948
Contact: Charles Cuddy, Esq. as Agent (631) 369-8200
LEAD AGENCY: Town of Southold Planning Board
54375 Main Road
P.O. Box 1179
Southold,New York 11971
Contact: Donald Wilcenski, Chairman, (631) 765-1938
PREPARER & CONTACT: Town of Southold Planning Department
Southold Town Hall Annex
54375 State Route 25
P.O. Box 1179
Southold, New York 11971
Contact: Heather Lanza, AICP, Planning Director
(631) 765-1938
DATE OF PREPARATION: September 10, 2018
AVAILABILITY OF
DOCUMENT: This document is available for public review at the offices
of the Lead Agency, at the Southold Fee Library, 53705
Main Road, Southold, New York 11971. It is also available
online at l�tt�r. :�.�t`�` .sou lloSdtm rlrrz
DATE OF FILING: September 11, 2018
FINDINGS STATEMENT—Southold Gas Station & Convenience Store
The Town of Southold), as lead agency, subsequent to review of the Draft Environmental Impact
Statement(DEIS) and the Final Environmental Impact Statement (FEIS) prepared in accordance
under SEQRA hereby certifies that:
> it has considered the relevant environmental impacts, facts and conclusions disclosed in
the DEIS and FEIS;
> it has weighed and balanced relevant environmental impacts with social, economic and
other considerations;
> the requirements of 6 NYCRR Part 617 have been met;
> consistent with social, economic and other essential considerations from among the
reasonable alternatives available, the action described below is one that avoids or
minimizes adverse environmental impacts to the maximum extent practicable; and
> adverse environmental impacts will be avoided or minimized to the maximum extent
practicable by incorporating, as conditions to the decision, those mitigation measures that
were identified as practicable during the environmental review process and as set forth
herein.
Description of.Action
The action as proposed in the May 16, 2017 DEIS was described as a site plan review for the
construction of a 2,250 sq. ft. 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
rtcatt lcaaciccl-ascahm, thew sc cotacl tank has11iree (3' 5,0001 glAlon cotxal�aaartaaaents. �.� (, 5,000 gallonc a-a�a)l-aaa�tt-u.nat will ,Store diesel, the scc.ot7cl 5,000 gallon c:ompartan ent. %,vill swtei sup r.,Ilole..
tli.c� thaa�] 5,010 gnalla:yn ceat�tap,ai'nncnt will store iion lcacled g:asolinc°,
lc°acic.el g:asc�la"tic and
1"he; layout, eal the origin"d li1-0[10SC(J :.acateata was chaaagce.l in /Lltcrti ative 3, prcaposcel in the FEES„
by 9a1ea\ is1g tllc batllclit'to tea alac west as
ticl prc-aposint caialy (,,ane catac:al-iy ',at 91 N 42' (3,864 scl ft)
covering six ((50 luel i;ttar1p isl,'tul ls vVith U r0c:l pwrtp sta4 teams. ]-Ile: kUilding is l.irol-oscd aar 3,000
sq.ft.with 32 parking spaces.
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FINDINGS STATEMENT—Southold Gas Station & Convenience Store
Facts Conclusions and Aliti ,"ti(M Mc2s,11-res
In accordance with 6 NYCRR §617.11, the Planning Board has considered the DEIS and FEIS
for the proposed action and certifies that it has met the requirements of 6 NYCRR Part 617. The
commentary received from involved agencies and interested parties was used in the analysis of
significant impacts to the environment, and this Findings Statement contains the facts and
conclusions in the DEIS and FEIS relied upon by the lead agency to support its decision and
indicates those factors that formed the basis of the decision.
Further, upon due consideration and among the reasonable alternatives available, the Planning
Board, as lead agency, has determined that based upon the potential significant environmental
impacts identified in the documents, the following includes the mitigation measures to be
incorporated into the decision to ensure that such impacts will be avoided or minimized to the
maximum extent practicable.
1. Impact on Groundwater
2. Impact on Air Quality
3. Impact on Aesthetic Resources
4. Impact on Transportation
5. Impact from Noise, Odor and Light
6. Impact on Human Health
7. Consistency with Community plans
8. Impacts to Community Character
Impact-on ('14- l"undwater
Potential Impacts:
1. Contamination of groundwater from previous uses on site
Finding: The applicant has provided test results in the FEIS that demonstrate this is not a
concern, and that further investigation will occur during excavation of the site. On site
qualified environmental professional(s) experienced in identifying petroleum product release
and investigation protocols will be present during excavation. In the event a spill has
occurred the onsite professional will contact the NYSDEC and initiate the spill response
protocols. This potential impact has been mitigated to the greatest extent practicable.
2. Contamination of groundwater from proposed use via leaking storage tanks and fuel
spills
Finding: All underground tanks will be installed according to the latest safety measures, and
any fixture spill would be handled according to NYSDEC protocols. The applicant has
provided information demonstrating that potential impacts to groundwater have been
mitigated to the greatest extent practicable.
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FINDINGS STATEMENT—Southold Gas Station & Convenience Store
3. Water quantity could be affected by overuse of irrigation.
Finding—mitigation required:
1. Use drought-tolerant landscaping,
2. Irrigation controls such as rain sensors to prevent unnecessary watering
3. Minimize lawn area to reduce irrigation needs.
Based on the foregoing, all significant adverse impacts to groundwater will have been mitigated
to the greatest extent practicable.
Impact on Air Quality
Air quality could be negatively affected by VOC's escaping during fueling, and carbon
monoxide from idling vehicles and increased vehicle trips.
Finding—mitigation provided by applicant:
1. The station will comply with industry standards for pump nozzles that restrict volatile
organic compounds (VOCs) from escaping during fuel dispensing.
2. All motor vehicles must be turned off during fueling as required by law, and stationary
idling of vehicles is therefore not expected to have potential for significant impact to air
quality.
3. If during queuing there is a long line of vehicles (as may be the scenario during an
emergency)the facility operators will place a sign to advise motorists vehicles must be
turned-off and restarted to advance along the queuing line.
Significant adverse impacts to air will be mitigated to the greatest extent practicable by
following these protocols.
Impact on Aesthetic Resources
The proposed action would be highly visible from CR48, a State-designated Scenic Byway and
will cause a moderate to large impact on aesthetic resources due to the size of the proposed
canopy and its proximity to the road.
Finding—mitigation required: The applicant has provided Alternative 3 as mitigation to the
original proposed action, however it does not accomplish mitigation to the greatest extent
practicable. The proposed canopy is larger than the original proposal's two canopies put
together.
Further mitigation is required as follows:
1. Reduce the size of the canopy (reduce the length by reducing the number of fuel pump
stations from 12 to 8 (i.e. reduce the fuel purnp islands from 6 to 4))
2. Use canopy construction materials that have a natural color and look, with non-reflective
surfaces.
3. Change the building a1-chitecture and site design elements (signage, parking lot lighting)
more like the vintage look proposed in the DEIS.
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FINDINGS STATEMENT—Southold Gas Station & Convenience Store
4. Straighten the building orientation so it is parallel to the property line.
5. Land-bank some of the parking.
6. Integrate existing trees into the site plan where possible.
Based on the foregoing, all significant adverse impacts to aesthetics will have been mitigated to
the greatest extent practicable.
Impact on Transportation
The DEIS and FEIS identified and evaluated the potential adverse impacts to transportation.
These potential impacts included a reduction in the levels of service at the intersection, and
traffic and pedestrian safety both at the site and on nearby roadways leading to and from the site.
Finding—mitigation required: The Traffic Impact Study (TIS) submitted with the DEIS,
together with additional information and corrections provided in the FEIS concluded that there
will not be a significant adverse impact to transportation. While the Lead Agency agrees that the
volume of traffic from the development once completed can be accommodated by the adjacent
roadway network, there remain traffic and pedestrian safety impacts related to traffic that must
be mitigated.
Further mitigation is required as follows:
1. Require a turning lane on CR 48 for westbound traffic to be able to stop and wait to make
a left into the gas station out of the travel lane (the County has recently re-striped the road
and added this turning lane).
2. Move the driveways as far from the intersection as feasible. Alternative 3 moved the
driveway on Youngs Avenue farther away, but not as far as possible.
a. To accomplish this for the driveway on Youngs Avenue, the building can be
shifted in its orientation to be square to the property line, and the driveway
straightened to be square to Youngs Avenue. Currently the building is angled
slightly towards the corner, causing the driveway, which is aligned with the
building, to shift towards the intersection. If the building were set straight along
the property line, the driveway could be shifted farther away from the
intersection.
3. The driveway on CR 48 should be evaluated to see if it can be moved farther from the
intersection.
4. Widen the driveway on CR 48.
5. Re-design the sidewalk along the road to accommodate the new configuration of CR 48
6. Landscaping must not interfere with the line of sight to the driveway for vehicles entering
Youngs Avenue from the CR48 eastbound lane.
7. Arrange the diesel fuel pump to be in the most accessible location possible.
Based on the foregoing, all significant adverse impacts to transportation will have been mitigated
to the greatest extent practicable.
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FINDINGS STATEMENT—Southold Gas Station & Convenience Store
Impact from Noise Odor and Light
The DEIS and FEIS identified and evaluated the potential for significant adverse impacts from
noise, odor and light.
Noise impacts would be generated by vehicles on site, as well as vacuum cleaners and HVAC
equipment. Noise would also be generated during construction of the site.
There were no specific noxious odors identified with this site's construction.
Light pollution will be generated by the canopy, parking lot, and building lights.
Finding—mitigation required:
Noise
1. Place vacuum cleaners as far from neighboring homes as possible.
2. Heavy construction such as excavation, grading, and general site work must not take
place on Sundays or holidays, and all construction will comply with the Southold Town
noise ordinance limiting all construction work between 7:OOam and TOOpm
Light pollution
1. Reduce the size of the canopy (reduce the length by reducing the number of fuel pump
stations from 12 to 8 (i.e. reduce the fuel pump islands from 6 to 4))to reduce the overall
amount of light on the site. 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 achieved by reducing the size of the canopy, thus reducing the amount of
light overall.
2. Use canopy construction materials that have dark-colored, non-reflective surfaces to
reduce the amount of light reflected off the site.
3. Land-bank some of the parking to reduce the amount of parking lot lighting.
4. Adverse impacts from parking lot lighting can be further mitigated through good design,
i.e. placement of lights where they are most effective and avoiding over-lighting or
lighting areas where light is not necessary.
Impact on Human Health
The DEIS and FEIS evaluated the potential for significant adverse impacts to human health due
to the unearthing of hazardous materials during construction of the proposed gas station and
convenience store.
Finding: Based on test results at the site, and regulatory protocols of the NYSDEC and Suffolk
County Department of Health, no significant adverse impacts to human health are expected as a
result of this action.
Consistency with Community plans
The DEIS and FEIS evaluated whether the action was consistent with community plans.
6
FINDINGS STATEMENT—Southold Gas Station & Convenience Store
Finding—mitigation required: The action is inconsistent with community plans—specifically
the Southold Town Zoning Code which is considered part of the Town's Comprehensive Plan.
As outlined in the FEIS, the canopy structure is closer to the road and longer than allowed by
Southold Town Code. The action is also inconsistent with the section of Town Code that
regulates landscaping.
Further mitigation is required as follows:
1. Reduce the size of the canopy as described above and to better meet Town Code
requirements.
2. Comply with all Town Code landscaping requirements for site plans and parking lots.
Based on the foregoing, inconsistencies with community plans have been mitigated to the
greatest extent practicable.
Impacts to Communit Character
The DEIS and FEIS identified and evaluated the potential for significant adverse impacts to
community character and quality of life as a result of this proposed action. Impacts to community
character would be generated by the building and canopy size and architectural design, building
materials, site layout, lighting and landscaping, as well as the potential for the site to be open 24
hours a day.
Finding—mitigation required: The applicant has provided Alternative 3 as mitigation to the
original proposed action, however it does not accomplish mitigation to the greatest extent
practicable. Overall, the scale of the development and design need more work to be consistent
with community character. Of the 13 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.
Further mitigation is required as follows:
1. Reduce # of fuel pump stations to no more than 8 (12 are currently proposed).
2. Reduce size of canopy as described above in previous sections.
3. Request applicant agree to restrict their hours of operation so that the site is not open 24
hours a day to provide some relief from the light pollution and noise to the adjacent
residential neighbors.
4. Provide additional screening with landscaping and a fence to the neighboring residential
property.
5. Preserve existing trees on site to the extent feasible.
6. The storage and sale of vehicles on site is prohibited.
7. The use of security cameras shall be employed to deter-crime.
8. Loitering on site shall be prohibited.
9. No littering signs shall be posted, and litter- shall be picked up promptly.
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FINDINGS STATEMENT—Southold Gas Station & Convenience Store
Based on the foregoing, all significant adverse impacts to community character have been
mitigated to the greatest extent practicable.
The Lead Agency has determined that the concept design provided in Alternative 3 in the FEIS,
together with the required mitigation described above will reduce the potential significant
adverse impacts to the greatest extent practicable.
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