HomeMy WebLinkAboutSouthold Commons 1991 MIDDLETON ENVIRONMENTAL, INC.
Environmental Consultants
DONALD J MIDDLETON
FINAL ENVIRONMENTAL
IMPACT STATEMENT
SOUTHOLD COMMONS
SOUTHOLD, NY
October 1991
Applicant: E.M. Kontokosta
754 DEER PARK AVE., NORTH BABYLON, NEW YORK 11703 • 516 321-4348 • FAX.516 321-4349
FINAL ENVIRONMENTAL TMr STATEMENT
SOUTHOLD COMMONS
SOUTHOLD, NEW YORK
LOCATION: Town of Southold
Suffolk County, New York
APPLICANT: E.M. Kontokosta
P.O. Box 67, North Road
Greenport, New York 11944
LEAD AGENCY: Town of Southold Town Board
Town Hall, 53095 Main Road
Southold, New York
CONTACT: Judith T. Terry
Town Clerk
PREPARED BY: Middleton Environmental Inc.
754 Deer Park Avenue
North Babylon, New York 11703
Donald J. Middleton, President
(516) 321-4300
DATE OF PREPARATION: October 1991
DATE ACCEPTED: NOV 1 z 1991
COMMENT PERIOD:
Copies of this Final Environmental Impact Statement (FEIS) are
available for public review and comment at the office of the
Lead Agency. Written comments should be submitted
by NOV 2 2 1991 to be in the public record.
TABLE OF CONTENTS
FINAL ENVIRONMENTAL IMPACT STATEMENT
SOUTHOLD COMMONS, SOUTHOLD NEW YORK
Page Nos .
SUMMARY OF FEIS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Summary - 1
thru - 2
Responses to
Letters and Comments Received From the Following:
Charles J. Voorhis, AICP. . . . . . . . . . . . . . . . . . . . . . . . .CVA
Cramer, Voorhis & Associates (Consultant to Town)
54 North Country Road
Miller Place, NY 11764 (Comments dated 8/13/91 & 9/12/91)
Village of Greenport, Supt. of Utilities. . . . . . . . .VG
236 Third Street, P.O. Box 2095
Greenport, NY 11944 (Comments dated 8/21/91)
Town of Southold Planning Board. . . . . . . . . . . . . . . . . .PB
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, NY 11971 (Comments dated 8/13/91)
Jane Gohorel . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .JG
No Street Address Provided
East Marion, NY (Comments dated 8/21/91)
Public Hearing Transcripts. . . . . . . . . . . . . . . . . . . . . . .T
Southold Town Board (Public Hearing 8/13/91 @4:35 p.m.)
SUMMARY OF THE FINAL ENVIRONMENTAL IMPACT STATEMENT
FOR THE PROPOSED SOUTHOLD COMMONS
This report summarizes and provides responses to substantive
comments received on the Draft Environmental Impact Statement
(DEIS) for the proposed construction of single family dwellings
on a 32 acre site in Southold, Suffolk County, NY. The site is
located in the Town of Southold and is bounded on the south by
Middle Road (County Route 48) , on the north by Hummel Avenue,
east of Boisseau Avenue and within a 1/2 mile of the Hamlet of
Southold. The project applicant is E.M. Kontokosta.
The Draft Environmental Impact Statement (October 1990,
revised January 1991 and its Addendum June 1991) prepared by
Middleton Environmental Inc., and this report, together,
constitute the Final Environmental Impact Statement (FEIS) , in
accordance with regulations promulgated by the New York State
Department of Environmental Conservation pursuant to the State
Environmental Quality Review Act (SEQRA) .
Approximately 20 copies of the DEIS were submitted and
distributed to Town officials, state and county agencies and
interested parties. The DEIS was also available for public
inspection and review at the Town of Southold offices at Town
Hall, 53095 Main Road, Southold.
A public hearing on the Draft Environmental Impact Statement
was held before the Town Board on August 13, 1991 at 4:35 p.m.
at the Southold Town Hall . The official deadline for receipt of
written comments on the DEIS was August 23, 1991 .
Summary - 1
SUMMARY OF FEIS - CONT'D
The applicant's consultants have reviewed the written
comments and the transcript of the public hearing received
during and after the comment period. Substantive comments have
been summarized, addressed and translated into a comment and
response format in this Final Environmental Impact Statement.
Summary - 2
COMMENTS RECEIVED ON DEIS FOR SOUTHOLD COMMONS
TOWN OF SOUTHOLD
COMMENT #1 (Description of Proposed Action - DEIS)
Public Need for Project: Page III-8
"The Draft EIS notes that the project addresses a long
term need in the Town of Southold; however, the project is
currently under review and the need should be related to
expected demand at the conclusion of the review process. How
has the downturn in the real estate market decreased the need
for affordable housing considering the current availability of
lower priced housing? What affect does this situation have on
the current need for this project and what future trends are
expected?" (CVA-1)
RESPONSE #1
See Response #2 .
-1-
COMMENT #2
Public Need for Project Pane III-12
"The Town Board has been asked by the sponsor of another
affordable housing project that is under construction
(Cedarfields in Greenport) to allow the homes to be sold on the
open market because qualified buyers cannot be found within the
limits set by the Town's own Affordable Housing program. If the
Town's program sets comparable limits to the County's program,
the proposal to add more dwelling units in the same price range
does not seem to reflect the real housing needs of the Town.
The Planning Board position is that the change of zone will not
meet the affordable housing needs of the Town. " (PB-2, JG-1,
T-3)
RESPONSE #2
In referring to the article published by the Suffolk Times
on Page 1, dated 8/1/91 entitled "Affordable Housing: Who Needs
It" . The Southold Community Development Director, Mr. James
MacMahon, states that "in many cases, people are not qualifying
at the bank for mortgages. " Mrs. Harroun, one of the buyers at
Cedarfields is quoted in the article as saying "People would
love to pick up a house right now, but they can 't afford it. We
are in a recession" . The fact that people cannot meet the
minimum eligibility requirements indicates an even greater need
for affordable housing. lay,
Per a telephone conversation between Mr. MacMahon and the
project sponsor he also stated "that even though
Cedarfields-Affordable Housing Project of 39 units are almost
sold out, (only 4 remaining) and Highpoint-Affordable Housing
Project of 27 units are almost sold out, there still remains an !
unsolicited list of 80 families as of 9/26/91 who are looking to
purchase affordable homes. The Southold Villas-Affordable
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Housing Project of 17 potentially available units will only
satisfy 20% of the present need. " Mr. MacMahon indicated that
he intends to advertise the affordable housing program so as to
better inform the general public of its availability. Once the
advertising is completed, he feels that the list for families
needing affordable housing will double, thus indicating the true
demand. Further, once the economic recession has turned around
and the employment picture improves, the families not able to
meet the minimum requirements will now be added to the list,
thus increasing the list further.
When this project comes on line in 1994/95, assuming no
other affordable housing project is approved prior to Jem and
Southold Commons, and assuming the need for affordable housing
does not increase (very unrealistic) , these two projects will
only meet 40% of the present demand.
COMMENT #3
LA,
Design and Layout - Total Site Area Page III-13
"The Draft EIS states "The roads are proposed to be 24+1
wide constructed in accordance with the town of Southold Highway
Specifications and to include continuous recharge swales on
either side as well as leaching pools in each low section of the
road. . . " . Please explore the feasibility of this drainage
design as compared to recharge basins. If both methods are
feasible, please include a brief assessment of the environmental
considerations for each type of design in either this section or
a latter section of the Draft EIS. " (CVA-2)
-3-
RESPONSE #3
The swale system is commonly referred to as a
non-structural drainage system which is appropriate in areas
where the soil conditions allow for a substantial amount of
storm water runoff to percolate into the ground as its being
channeled to and eventually collected in leaching pools,
permanent ponds, or basins. Variables to be considered in the
selection of this system are soil type, topography, the
groundwater table, and anticipated physical capacity of the
system.
The most commonly used system is the curb-recharge basin
system. It is referred to as a structural system which uses
curbing and fixes conduit to channel the storm water runoff into
a recharge basin. There the runoff either percolates into the
soil or evaporates into the air. This system is used on sites
where the soil type and soil conditions do not possess high
percolation factors.
The final selection for the preferred system for use on
this site can only be determined during the engineering design
stage of this project.
COMMENT #4
Design and Layout - Land to be Cleared Pape III-13
"Beyond stating the intent of the project sponsor to limit
clearing, what covenants might be employed as a mitigation
measure to ensure reduction of extensive lawn areas and promote
natural succession?" (CVA-3)
-4-
RESPONSE #4
As indicated in the DEIS, it is the intention of the
project sponsor to limit clearing during construction and to
keep extensive lawn areas to a minimum for the initial
purchaser. It was suggested that this could be accomplished by
means of covenants in the deed of each lot (see Addendum Page 7
"incorporate into each deed for each lot that limited
lawn/landscape areas be created and that. . .etc. " . Further
mitigation measures on future owners limiting lawn areas to
promote natural succession of the landscape, can be imposed on
all property owners by Town Law Legislation passed by the Town
Board. This will allow for the proper and effective policing
and enforcement of these mitigation measures and will assure
uniform and substantial compliance.
COMMENT #5
Construction and Operation Page III-14
"Please provide additional information on construction
schedule with consideration of the proposed Sewage Treatment
Plant and utilities, specifically identifying intent regarding
phasing, number of units, road access, mitigation and
improvements. ,, (CVA-4)
RESPONSE #5
The construction schedule is entirely dependent on
receiving all the necessary approvals prior to early 1994 . it
is anticipated that the site work for this project will commence
sometime in early 1994 and be completed in late 1995. Sewage
Treatment Plant construction will commence in early 1994 . Site
-5-
sanitary and utility distribution lines will be installed during
the 1994/95 period. Sanitary and utility connections to the
individual residential units will be made as they are
constructed. It is anticipated that the 116 units will be
constructed on an "as needed basis" over a period of five years.
The number of units were previously provided, and are
provided again above. Road access is shown on the Plan. There
will be two access routes via Boisseau Avenue to the east and
Railroad Avenue to the west.
I
COMMENT #6
Construction and Operation Page III-14
"The sewage treatment plant may cause odor impacts which
should be considered. " (T-2)
RESPONSE #6
It is expected that a properly designed sewage treatment
plant meeting the requirements of the Suffolk County Department
of Health Services and applying proper engineering principles
and criteria will not cause odor impacts.
-6-
ENVIRONMENTAL SETTING
COMMENT #7
Water Resources - Water Supply Page IV-10
"The current status of water supply should be discussed and
updated from previous discussion in the Draft EIS. What is the
current and predicted water supply availability for the proposed
project?" (CVA-5)
RESPONSE #7
Past correspondence with the Village of Greenport (see
paragraphs 1 thru 3 below) , indicates that the Greenport Utility
Company is anticipating the additional water demand created by
this and other future projects being planned within the
boundaries of their system and are seeking to satisfy this
demand through the acquisition of new sources. (See reference
below to the 51, well located on the Jem Commons site and offered
for additional water capacity) .
1 . On 3/23/87 the project sponsor met with the Utility
Committee of the Village of Greenport at which time the
sponsor offered the Village of Greenport the use of a 5"
well on the Jem Commons site to be connected to the entire
water supply system. This well, when added to the system,
would appreciably increase water availability for this
project and many future projects which may come on line.
The Village of Greenport was to have the well tested so as
to determine whether it complies with the Suffolk County
Department of Health Services water quality standards.
-7-
2 . A letter from the Village of Greenport dated 3/15/89 to the
project sponsor's attorney, Mr. Howard Pachman of Pachman &
Oshrin, indicates that the Village is planning to add three
(3) new wells which will supply sufficient water for "his"
client for both projects.
3 . A letter from the Village of Greenport to Kontokosta
Associates (sponsor's design consultant) dated 8/30/89
requested additional information on water hook-up for the
Proposed project because the "Village is currently on an
ambitious expansion program for water hook-ups" .
The current availability of water supply is not significant
since the project sponsor does not expect to require water
supply until late 1994 early 1995.
It is difficult to predict the future availability of, a
water supply at the time when this project will go on line
(1994/1995) . However, based on the continuing effort of the
Village of Greenport to add new sources of water supply to the
system, (such as the possibility of adding the existing 5" well
located on the Jem Commons property) , the project sponsor is
proceeding to obtain the necessary approvals for this project
with the confident anticipation that the Village of Greenport's
short term year to year expansion program will continue to meet
the water supply requirements generated by the population growth
in the Town of Southold.
The sponsor had made application for connection to the
Greenport water system in 1987. It is anticipated that by the
time this project reaches the site planning stage, the
-8-
I
sponsor's position on the water allocation list will entitle
them to negotiate the typical water service contract with the /,i, �
Village of Greenport, making available the necessary water
supply for the project in 1994/95 or soon thereafter.
COMMENT #8
4�
Water Resources - Water Supply Page IV-10
"The DEIS indicates an application has been made to the
Greenport Water District and is presently pending. At this
point it is impossible to predict what the Greenport Water
District's additional capacity, if any, will be at such time as
it may be required for this project. Numerous factors effect
the District's capacity to provide water including but not
limited to the life style of the users, the weather, standards
of water quality, requirements of other agencies, growth within
the water district, the district's ability to locate new sources
and the quality of those sources. Presently, the district's
water contracts to provide water for new projects exceed the
district's excess capacity. ,, (VG-1, JG-3)
RESPONSE #8
See Response #7.
COMMENT #9
Cultural Resources Page IV-31
"What open space value does the parcel provide to the
surrounding portion of the hamlet? Will these values be lost as
a result of the project?" (CVA-6)
-9-
RESPONSE #9
One would have to consider the "Open Space" value this
parcel provides to the surrounding portion of the hamlet areas
in relation to the intent and goals of the Master Plan,
particurlary since it is located within 1/2 mile radius of the
Business Hamlet. It is the intent of the planners to develop
the area within the 1/2 mile radius at a hamlet density, thus
providing moderate and affordable housing for the community
within these areas. The Master Plan proposed that the value of
open space be fully developed "outside" these hamlet areas.
COMMENT #10
Traffic Page IV-la
"With the addition of high density land use, additional
pedestrian activity is expected. What impact will the proposed
project have on the pedestrian environment and what mitigation
measures can be used to minimize these impacts?" (CVA-7)
RESPONSE #10
As per Page IV-19 of the DEIS (Pedestrian Environment) - No
pedestrians were observed in the area during the on site visit
in August 1990. This statement does not indicate that there are
no pedestrians. Although the project is relatively close to the
Southold Business District (within 1/2 mile) , it is anticipated
that people will use automobiles to travel to the business
district for shopping and other errands which would be more
convenient for carrying packages, particularly during the cooler
months.
-10-
SIGNIFICANT ENVIRONMENTAL IMPACTS
COMMENT #11
Public Water Supply Page V-2
"The Draft EIS acknowledges that the Greenport Water
District is an over-taxed resource. What is the current
availability of water supply? What water district and/or Health
Department policies (if any) apply to increase in water demand
resulting from proposed rezoning and what mitigation measures
can be employed to minimize impacts?" (CVA-8, T-3)
RESPONSE #11
The current availability of water supply would not apply to
the proposed project since the project sponsors do not
anticipate commencement of this project until 1994/95.
In regard to the water district policies to increase in
water demand refer to Response 17.
Mitigation measures which could be employed to minimize
"potential" impacts would be to utilize the most stringent water
saving and conservation devices into the plumbing fixtures of
the units being construction. In addition, as previously stated
in the DEIS and its Addendum, limiting water use on lawns by
utilizing alternative groundcover (such as low-fertilizer,
low-maintenance vegetation, i .e., fine fescues, wild flower sod,
bluegrass and perennial rye grass, etc.) , which does not require
intense watering, would also decrease water use.
-11-
COMMENT #12
Public Water Supply Page V-2
"Regarding the DEIB, the district would request the
applicant show analysis for additional gallonage required at
peak day and peak hour of usage. There should also be
information relative to fire flow demands." (VG-2)
RESPONSE #12
Water Demand Analysis:
Daily Water Consumption -
116 (3 bedroom) units @300 gpd = 34, 800 GPD
Peak Water Demand =
(2 x daily demand) 34,800 GPD = 69, 600 GPD
Annual Demand -
Daily anticipated consumption x 360 days =
34, 800 GPD x 360 days = 12,528, 000 gallons.
Fire Flow Demand -
500 gpm/per hydrant
COMMENT #13
Open Space Page V-9
"What affect will the loss of open space have on the
character of the surrounding community in terms of visual and
aesthetic open space values?"
-12-
RESPONSE #13
The loss of open space when this parcel is developed as
moderate and affordable housing will have very little affect on
the general surrounding area of the Southold Hamlet since one
half mile to the west and several hundred feet to the north are
numerous acres whose use as farmland provides the benefits of
endless open space. The development of this property as
affordable and moderate housing is in accordance with the intent
and goals of the Master Plan.
COMMENT #14
Open Space Page V-9
"This parcel constitutes one of the last open space areas
in the vicinity. The Master Plan called for at least two open
space areas, and this parcel represents the only open space
opportunity remaining. This affect should be considered. " (T-1)
RESPONSE #14
Nowhere in the Master Plan does it call for maintaining
this property or any other private property as open space. See
Response #13 .
COMMENT #15
Land Use and Zoning Page V-11
"The social and economic impacts of concentrating
additional affordable housing units within the Greenport hamlet
should be evaluated. Particular consideration should be give to
the amount of existing affordable homes and where relevant, the
projected number that have received conditional final approvals
already. " (PB-1, JG-2)
-13-
RESPONSE #15
There is only a positive social or economic impact on
providing the necessary housing, affordable or moderate, within
the 1/2 mile radius of the hamlets as planned for in the Master
Plan. 4
ZI.i •CNH/4�t.
The Southold Community Development Director, Mr. James
MacMahon, stated that the Cedarfields Affordable Housing project,
(in Greenport) 39 units are almost sold out, and the
Highpoint-Affordable Housing project of 27 units are almost sold
out, yet there still remains an unsolicited list of 8o families
as of 9/26/91 who are looking to purchase affordable homes. The
Southold Villas Affordable Housing project of 17 potentially
available units will only satisfy 20% of the present need. Mr.
MacMahon indicated that he intends to advertise the affordable
housing program so as to better inform the general public of its
availability. [Once the advertising is completed, he feels that
,F � the demand for affordable housing in the Town of Southold will
more than double.' Further, once the economic recession is over - --
�µ-� and the employment picture improves, the families not able to
meet the minimum requirements will now be added to the list
When this project comes on line in 1994/95, assuming no
other affordable housing project is approved besides Jem and
Southold Commons, and assuming the need for affordable housing
does not increase (very unrealistic) , these two projects will
only meet 40% of the present demand.
COMMENT #16
Land Use and Zoning Page V-11
' One-quarter acre residential lots are very small, one-acre
lots would be preferable. " (T-4)
-14-
RESPONSE #16
The Master Plan and the subsequent amendment to the Town
Zoning Resolution envisions the development of parcels within
one half mile radius of the Hamlet Business Districts as Hamlet
Density Zoning, which allows for one quarter acre residential
lots as an acceptable size buildable lot.
-15-
MITIGATION MEASURES
COMMENT #17
Terrestrial and Aquatic Ecology Page VI-4
"The Draft EIS states, "Where natural areas are disturbed,
bushes, trees and shrubs which fit the natural habitat and are
suited to the conditions of the area will be planted to provide
shade, define the grounds and soften the architectural
elements. " How will these mitigation measures be implemented,
and at what stage of the approval process can this be assured?
The document also states that "A significant mitigation measure
to the terrestrial ecology of the site will be the maintenance
of the original type ground cover which serves as a habitat for
animal, bird life, and native type grasses. " In keeping with
this proposed mitigation measure, can areas of the site be
covenanted to ensure that existing groundcover is not
disrupted?"
RESPONSE #17
These mitigation measures will be implemented upon site
plan approval and can be assured through permit conditions. See
Addendum Page #7 in addition to reducing nitrogen loadings
discharged to groundwater "mitigation offered would be to
incorporate into each deed for each lot that limited
lawn/landscape areas be created and that only low-fertilizer,
low-maintenance dependent grasses and/or utilization of ,,,
alternative groundcovers such as rock gardens wood chips� etc
be utilized on this site,, . It is also stated on Page VI-4 "as
part of the landscaping and planting plans, trees and shrubs
will be planted around the homes and along the roadways. Areas
with newly constructed homes will be replanted as soon as
possible. The planting of grasses, shrubs and trees after
construction will benefit this area by providing increased
topographic (floral) structure. "
-16-
COMMENT #18
Transportation Page VI-6
"What mitigation measures can be included into the proposed
project to minimize impacts to pedestrian environment if such
mitigation is needed based upon analysis?" (CVA-11)
RESPONSE #18
See Response #10 .
COMMENT #19
Land Use and Zoning Page VI-6
"The document indicates that land use mitigation is
proposed to include, of . . .landscaping and plantings, especially
street trees, and other related types of landscaping that would
transform the developed site into a pleasing visual impact. ,,
What landscape improvements can be incorporated into the
subdivision and infrastructure approvals [i .e., street trees,
recharge plantings, common area enhancement] (for 86-unit
alternative) . 11 (CVA-12)
RESPONSE #19
See Response #17. Any open areas created in the 86 unit
alternative shall be allowed to develop with natural vegetation.
-17-
COMMENT #20
Public Water Supply Page VI-7
"With the update of the water supply status for the Final
EIS, available water supply mitigation and water saving measures
should be outlined. " (CVA-13)
RESPONSE #20
It is the intention of the project sponsor to comply with
the Greenport Utility Company's requirements to utilize water
saving and conservation devices into the plumbing fixtures of
the units being constructed. In addition, (as previously stated
in the DEIS and its Addendum) limiting water use on lawns by
low-maintenance vegetation, i .e., fine fescues, wild flower sod,
bluegrass and perennial rye grass, etc., which does not require
intense watering. This would also decrease water use.
-18-
ADDENDUM TO DEIS
PROJECT DESCRIPTION
COMMENT #21
Public Need for Project Page 3
"The Addendum indicates that " . . .small capacity sewage
treatment plants tend to have operating problems due to their
size. . . " . Please describe the type of operational problems such
plants have been documented as having, and relate to the
environmental consequences with regard to the proposed project . "
(CVA-14)
RESPONSE #21
As stated on Page 3 of the Addendum, this information was
obtained from Mr. Gebert of the SCDH on 4/4/91 . He stated that
"it has been their experience that small capacity sewage
treatment plants tend to have operating problems due to their
size and cost to construct and maintain. "
Smaller capacity sewage treatment plants tend to have
operational problems because they are generally maintained by
outside maintenance contractors retained by homeowners
associations or other homeowner entities . Larger sewage
treatment plants require a full time on-site maintenance staff.
Outside maintenance contractors are not considered as reliable
as on-site maintenance personnel who devote all their time to
keeping the system in proper operating condition. The proper
maintenance of any sewage treatment plant will not allow for
"environmental consequences" .
`y.n^
_19-
�t�a
JUDITH T. TERRY
Town Hall, 53095 Main Road
TOWN CLERK P O. Box 1 179
REGISTRAR OF VITAL STATISTICS Southold, New York 11971
MARRIAGE OFFICER Fax (516) 765-1823
+, Telephone (516) 765-1801
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
September 13, 1991
E.M. Kontokosta, P.E.
Kontokosta Associates
Engineers/Architects
43 West 54th Street
New York, New York 10019
Re: Jem Commons
Southold commons
Dear Mr. Kontokosta:
Enclosed is the packet I faxed to you today, representing the
comments on the Jem Commons and Southold Commons Draft EIS documents,
as well as the attachments which I did not fax containing the codes referred
to in Charles Voorhis' comments on the respective drafts.
If you have any questions, please do not hesitate to contact me.
Very truly yours,
Judith T. Terry
Southold Town Clerk
Enclosures
cc: Southold Town Board
Southold Town Attorneys
Howard E. Pachman, Esq.
C. Russell, Middleton Environ
CRAMER, VOORHIISOCIATES
ENVIRONMENTAL`AND PLAT1Nf1 G CONSULTANTS
September 12, 1991
Ms. Judith T. Terry, Town Clerk
Town of Southold
53095 Main Road RECEIVED
P.O. Box 1179
Southold, New York 11971 SEP 131991
Re: Southold Commons Southold Town Clerk
Comments on the Draft EIS
Dear Judy:
As per the directive of the Town Board, we have compiled and synthesized the
comments on the Draft EIS for Southold Commons. At this time it is necessary to complete
a Final EIS on this project. As you are aware, it is the responsibilityof the lead agency to
determine the adequacy and accuracy of the Final EIS regardless of who prepares it. Based
on the Work Session of September 10, 1991, the Town Board feels it would be most
expedient and beneficial to direct the applicant to prepare a response to the comments
generated as a result of the public hearing and written comments received to date. Once
complete, the responses submitted on behalf of the applicant would be submitted to the
Board to determine the adequacy and accuracy for filing of the Final EIS.
Enclosed, please find all of the comments received in connection with this project. In
ordertop
the lead agency with a satisfactory preliminary Final EIS submission for
review, it is recommended that the applicant complete the following:
1) The Draft EIS need not be reproduced for the Final EIS, but may be
incorporated by reference.
2) All original comment letters and transcripts should be included as a portion of
the Final EIS.
3) Comments should be separated to identify whether the comments were
received in the context of the hearing or as part of the written record.
4 Comments should be annotated to indicate the source.
5 Comments may be summarized without detracting from the nature, scope or
intent of the comment.
6) A response for each substantive comment must be provided. Responses
should be accurate, consistent, and objective, and should be referenced to
indicate source material for conclusions.
7) The most encompassing comment document should be addressed first in the
responses - subsequent comments which are duplicative may refer to a
previous response.
Attached are the comments on the Draft EIS for Southold Commons for your use.
The applicant should proceed to prepare the required documentation in order to complete
the processing of this application. SEQR Regulations indicate that a Final EIS should be
prepared within 45 days after the close of the public hearing; unless it is determined that
54-2 NORTH COUNTRY ROAD, MILLER PLACE, NY 11764 (516) 331-1455
additional time is necessary to prepare the statement adequately. Based upon this, it is not
necessary to adhere to the 45 day time frame, if the applicant requires additional time to
provide an adequate and accurate response. Upon receipt of the preliminary Final EIS,we
will make every effort to review submitted documentation in a timely fashion in order to
determine adequacy.
Upon completion, the applicant should submit sufficient copies for the Board and
consultant to review the Responses. The full number of documents needed for circulation
should not be submitted until the document is determined to be acceptable by the lead
agency. When determined to be complete, additional copies may be requested or prepared.
If you have any questions, please do not hesitate to contact this office.
Very t yours,
harles J. orhis, AICP
enc: Comments on the Draft EIS
CRAMER, VO , RHI & SOCIATES
ENVIRONMENTAL,. G CONSULTANTS
r
LCOMMENTS ON THE DRAFT EIS
D -
SOUTHOLD COMMONS
5' ,' 2 ,r 191 -
Southold, New York
INTRODUCTION
The Draft Environmental Impact Statement (Draft FIS), for the pro'ect known as Southold
Commons was accepted by the Southold Town Board on July 17, 191. A public hearing on
the Draft EIS has been scheduled for August 13, 1991, and comments on the Draft
document were accepted for a period of ten (10) days after the close of the public hearing.
The document was been circulated to involved agencies and parties of interest, for the
purpose of providing comments on the document for use by the decision making agency in
the preparation of a Final EIS, and ultimately a decision on the project.
At this time written comments and comments received as a result of testimony at the public
hearing have been collected by the Town Board, and forwarded to Cramer, Voorhis &
Associates, Inc. for review. This letter synthesizes and categorizes substantive comments on
the Draft EIS. Comments on the Draft EIS and the Draft EIS Addendum are separated
under subheadings as found below. In addition, the source for each of the comments is
identified with the initials of the party that provided the comments, followed by consecutive
numbers for each substantive comment made by that party. Comments were received from
the following parties:
Cramer, Voorhis & Associates, Inc. (CVA)
Village of Greenport (Superintendent of Utilities) (VG)
Town of Southold Planning Board (PB)
Jane Gohorel (JG)
Public Hearing Transcripts, August 13, 1991 (T)
The full text of comments is included as an attachment. The text is annotated in order to
identify each substantive comment by number. The comments have been synthesized in the
following section, and the source for each comment is provided.
COMMENTS ON THE DRAFT EIS
DESCRIPTION OF PROPOSED ACTION
Comment 1: Public Need fQ Project. Pig III-$: The Draft EIS notes that the project
addresses a long term need in the Town of Southold; however, the
project is currently under review and the need should be related to
expected demand at the conclusion of the review process. How has the
downturn in the real estate market decreased the need for affordable
housing considering the current availability of lower priced housing.
What affect does this have on the current need for this project and what
future trends are expected? (CVA-1)
CRAMER, VRH\\\ / SOCIATES
ENVIRONMENT' ��VG CONSULTANTS Page 1
Southold Commons
Comments on the Draft EIS
Comment 2: Public Need for Pr 'e Pace III-12. The Town Board has been asked by
the sponsor of another affordable housing project that is under
construction (Cedarfields in Greenport) to allow the homes to be sold
on the open market because qualified buyers cannot be found within
the limits set by the Town's own Affordable Housing program. H the
Town's program sets comparable limits to the County s program, the
proposal to add more dwelling units in the same price range does not
seem to reflect the real housing needs of the Town. The Planning
Board position is that the change of zone will not meet the affordable
housing needs of the Town. (PB-2,JG-1,T-3)
Comment 3: Design and Laui _Total Site Area. Paee III-13• The Draft EIS states 'The
roads are proposed to be 24±'wide constructed in accordance with the
town of Southold Highway Specifications and to include continuous
recharge swales on either side as well as leaching pools in each low section
of the road...': Please explore the feasibility of this drainage design as
compared to recharge basins. If both methods are feasible, please
include a brief assessment of the environmental considerations for each
Pe of design in either this section or a latter section of the Draft EIS.
(CVA-2)
Comment 4: Desien and Layout - Land to be Cleared, Pan 1II-13. Beyond stating the
intent of the project sponsor to limit clearing,what covenants might be
employed as a mitigation measure to ensure reduction of extensive
lawn areas and promote natural succession? (CVA-3)
Comment 5: Construction and ODeration. Page III-14. Please provide additional
information on construction schedule with consideration of the
proposed Sewage Treatment Plan and utilities, specifically identifying
intent regarding haling, number of units, road access, mitigation and
improvements. CVA-4)
Comment 6: Construction and Operation, Page III-14. The sewage treatment plant may
cause odor impacts which should be considered. (T-2)
ENVIRONMENTAL SETTING
Comment 7: Water Resources:: Water Supply. Page IV-10. The current status of water
supply should be discussed and updated from previous discussions in
the Draft EIS. What is the current and predicted water supply
availability for the proposed project? (CVA-5)
Comment 8: Water Resources - Water Sun�1v. Page IV_10• The DEIS indicates an
application has been made to the Greenport Water District and is
presently pending. At this point it is impossible to predict what the
Greenport Water District's additional capacity, if any,will be at such
time as it may be required for this project. Numerous factors effect the
District's capacity to provide water including but not limited to the life
style of the users, the weather, standards of water quality, requirements
CRAMER, VCq R SOCIATES
ENVIRONMENTAL WIX IVG CONSULTANTS Page 2
Southold Commons
Comments on the Draft EIS
of other agencies, growth within the water district, the district's ability
to locate new sources and the quality of those sources. Presently, the
district's water contracts to provide water for new projects exceed the
district's excess capacity. (VG-1,JG-3)
Comment 9: Cultural Resources., P"ge IV_31. What open space value does the parcel
provide to the surrotmndtng portions of the hamlet? Will these values
be lost as a result of the project? (CVA-6)
Comment 10: Traffic, Fne IV-18. With the addition of high density land use, additional
Eactivity is expected. What impact will the proposed project
have on the pedestrian environment and what mitigation measures can
be used to minimize these impacts? (CVA-7)
SIGNIFICANT ENVIRONMENTAL IMPACTS
Comment 11: Public Water Supply, Page V-2. The Draft EIS acknowledges that the
Greenport Water District is an over-taxed resource. What is the
current availability of water supply? What water district and/or Health
Department policies (if any) apply to increase in water demand
resulting from proposed rezomng and what mitigation measures can be
employed to minimize impacts? (CVA-8, T-3)
Comment 12: Public Water Supply, Pace V-2. Regarding the DEIS, the district would
request the applicant show analysis for additional gallonage required at
peak day and peak hour of usa e. There should also be information
relative to fire flow demands. VG-2)
Comment 13: Open Space,, Page y-9. What affect will the loss of open space have on the
character of the surrounding community in terms of visual and aesthetic
open space values?
Comment 14: Open Space, Page V-9. This parcel constitutes one of the last open space
areas in the vicinity. The Master Plan called for at least two open space
areas, and this parcel represents the only open space opportunity
remaining. This affect should be considered. (T'-1)
Comment 15: Land Use and Zoning. Pa V-11. The social and economic impacts of
concentrating additionalir
fordable housing units within the Greenport
hamlet should be evaluated. Particular consideration should be given
to the amount of existing affordable homes and where relevant, the
projected number that have received conditional final approvals
already. (PB-1, JG-2)
Comment 16: Lauden; Zoning, Page V-11. One-quarter acre residential lots are
very small, one-acre lots would be preferable. (T-4)
CRAMER, V , -RHI: SOCIATES
ENVIRONMENTA� G CONSULTANTS Page
r
Southold Commons
Comments on the Draft EIS
MITIGATION MEASURES
Comment 17: Terrestrial and Aquatic Ecology. Page VI-4. The Draft EIS states, "Where
natural areas are disturbed, bushes, trees and shrubs which fit the natural
habitat and are suited to the conditions of the area will be planted to
provide shade, define the grounds and soften the architectural elements."
How will these mitiiation measures be implemented, and at what stage
of the approval process can this be assured? The document also states
that 'A significant mitigation measure to the terrestrial ecology of the site
will be the maintenance of the original type ground cover which serves as a
habitat for anima4 bird life, and native type grasses"In keeping with this
proposed mitigation measure, can areas of the site be covenanted to
ensure that existing groundcover is not disrupted?
Comment 18: Transportation, Page VI-6. What mitigation measures can be included into
the proposed project to minimize impacts to pedestrian environment if
such mitigation is needed based upon analysis? (CVA-11)
Comment 19: Land Use and Zoning, Page VIS The document indicates that land use
mitigation is proposed to include, ':..landscaping and plantings,
especially street trees, and other related types of landscaping that would
transform the developed site into a pleasing visual impact.' What
landscape improvements can be incorporated into the subdivision and
infrastructure approvals [i.e. street trees, recharge plantings, common
area enhancement (for 86-unit alternative). (CVA-12)
Comment 20: Public Water Supply. Page VI-7. With the update of the water supply status
for the Final EIS, available water supply mitigation and water saving
measures should be outlined. (CVA-13)
ADDENDUM TO DE IS FOR SOUTHOLD COMMONS
PROJECT DESCRIPTION
Comment 21: Public Need Q Pr 'e Pa=3, The Addendum indicates that "..small
capacity sewage treatmentplants tend to have operating problems due to
their size...': Please describe the type of operational problems such
plants have been documented as having, and relate to the
environmental consequences with regard to the proposed project.
(CVA-14)
CRAMER, Veo
P
ATES
ENVIRONMENONSULTANTS Page 4
JUDITH T. TERRY Town Hall. 53095 Main Road
TOWN CLERK \ ; P.O. Box 1 179
REGISTRAR OF VITAL STATISTICS t Southold, New York 11971
MARRIAGE OFFICER Fax (516) 765-1823
Telephone (516) 765-1801
t
OFFICE, OF f IIE TOWN CLERK
TOWN OF SOUTHOLD
August 29, 1991
Charles J. Voorhis, A1CP
Cramer, Voorhis 6 Associates
54 North Country Road
Miller Place, New York 11764
Re: Jem Commons
Southold Commons
Dear Chick:
This is to confirm our telephone conversation of this date, scheduling
9 :30 a.m. , Tuesday, September 10, 1991, Southold Town Hall, to meet with
the Town Board in their work session to discuss the next steps, and
certain questions the Board has with respect to the environmental process
of Jem Commons and Southold Commons.
am enclosing herewith a copy of your August 13, 1991 review of each
DEIS, the Planning Board's comments of August 13, 1991, letters received
during the comment period from Jane Gohorel and the Village of Greenport,
and the minutes of the public hearings on each DEIS.
By copy of this letter I am also sending those enclosures and notifying
Mr. Kontokosta, Middleton Environmental, and Howard Pachman, Esq. of
the scheduled September 10th meeting, and inviting them to be present to
listen to and observe the Town Board's discussion with you.
Very truly yours,
Judith T. Terry
Southold Town Clerk
Enclosures
cc: E.M. Kontokosta, P.E.
C. Russell, Middleton Envir.`'
Howard Pachman, Esq.
CRAMER, VOORHIS & ASSOCIATES
ENVIRONMENTAL AND PLANNING CONSULTANTS
August 13, 1991
Mr. Scott Harris, Supervisor
Town Board of the 'Town of Southold
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, NY 11971
Re: Southold Commons
Review of the Draft EIS
Dear Scott:
We have completed our review of the Draft Environmental Impact Statement
the
referenced project. Attached, please find a letter documenting ur comments onr he eb ort.
Please review this information with the Board, and if you are in agreement le rep
above
to the applicant to be addressed in the Response to Comments, for inclusion in herd
Final EIS for this project.
If you have any questions regarding any aspect of this project or our review of the Dr•
Please do not hesitate to contact this office, aft EIS,
Very trulyyours,'
� r
Charles J. Voorhis, A ep
enc: Review of Draft EIS
- 54 NORTH COUNTRY ROAD, MILLER PLACe, NY 11764 (516) 331.1455
CRAMER, VOORHIS & ASSOCIATES
ENVIRONMENTAL AND PLANNING CONSULTANTS
To: Scott Harris, Supervisor
Town Board of the Town of Southold
From: Cramer, Voorhis and Assop"ates, Inc.
Date: August 13, 1991
Re: Southold Commons
Review of the Draft EIS
The Draft Environmental Impact Statement (Draft EIS), for the project known as Southold
Commons was accepted by the Southold Town Board on July 17 191 A public hearing on
the Draft EIS has been scheduled for Au2� '
est 1", 1991, and comments on the Draft
will be accepted for a period of ten 10 Jays afte ft document
document has been circulated to involved .genet stand parties of interest,ihfor hearing The
providing comments on the document for use by the decision making agecy in thpurpose of
preparation of a Final EIS, and ultimately a decision on the project. A copy of the Draft EIS
has been submitted to Cramer, Voorhis and Associates,
as consultants to the
Town Board, for review of the SEAR documentatiohis.letttter cInconstitutes the review of
the Draft EIS for Southold Commons by CVA, The following comments with regard to
content and accuracy of the document are provided:
RAFT' h"VIRn`';�iF1TAL Tl ( TATE;1T1r;�'T
DESCRIPTION OF PROPOSED ACTION
1. i
is Mud fQ-r-F-r-Q'ecg IIS
The Draft EIS notes that the project addr-sses a long term need in the Town of
Southold; however, the project is curre,i,t1►under review and the need should be
related to expected demand at the conclusion of the review process. How has the
downturn in the real estate market dgcreas, CYi4
considering the current availability of lo�vzr priced housing? '��hat affeable ct does thi'
situation have on the current need for this project and what futures
are s
expected?
2' si"n n AL3 _ Total
a� TT-i?
The Draft EIS states 'The row ,
..ds are pre~csea 10 5e 2�,�- 1vide constnlcted in
accordance 1t�irh the town of Southold t,��h•ra•, S
recharge swnles on either side as ii, ' Pe,.r ,ca�rolrs and to ,•',iciruie ccntilutor�s
Please explore the feasibility of this drain;
leach Pools in each 1o;v section of the road...';
If both methods are feasible, please include a bri-tiassessm nt of thpared toe environmental
basins.
considerations for each type of design in :itlier t+tis section or a latter section
Draft EIS.
CVA -Z
Page ] or 3
uCaTLq COUN7PY CZ - -
\ l
Southold Commons
Revim of Draft'EIS
3. Design md L, • u : Land to U, On
Beyond stating the intent of the project sponsor to limit clearing, what covenants
might be employed as a mitigation measure to ensure reduction of extensive lawn C.YA-3
areas and promote natural succession?
4. Construction Ln& Qperitin op 1Y__ I-14
Please provide additional information on construction schedule with consideration of
the proposed Sewage Treatment Plant and utilities, specifically identifying intent
regarding phasing, number of units, road access, mitigation and improvements. GyA-
ENVIRONMENTAL SETTING
S. Water Resnurces : Water SupZlMCA, TV-1
The current status of water supply should be discussed and updated from previous
discussions in the Draft EIS. What is the current and predicted water supply CVA-S
availability for the proposed project?
6. Cultural Resources '(.1C IV-31
What open space value does the parcel provide to the surrounding portions of the
hamlet? Will these values be lost as a result of the project? GV4-4
7. Traffi Ea."g V
With the addition of high density land use, additional pedestrian activity is expected.
What impact will the proposed project have on the pedestrian environment and what
mitigation measures can be used to minimize these impacts? yA-_7
SIGNIFICANT ENVIRONMENTAL IMPACTS
8. Ptthtic 'Nater Su>,plyg V-2
The Draft EIS acknowledges that the Greenport Water District is an over-taxed
resource. What is the current availability of water supply? What water district C V4 -8
and/or Health Department policies (if any) apply to Increase in water demand
resulting from pro�osed rezoning and what mitigation measures car, be employed to
minimize impacts.
9. Q= om
What affect will the loss of oaen space have on the character of the surrounding
community in tcrms of visual and aesthetic open space values? CVA -�
CRAMER, V
SOCIATES
ENVIRONMENT r y'V}h'G CONSULTANTS Pare 2 of 3
r
Southold Commons
Review of Draft ETS
MITIGATION NTEA,SURES
10. Terrestrialnn Aquatic Ecol _ , ;inti VIS
The Draft EIS states, "T Vhere natural areas are disturbed, bushes, trees and shrubs which
fit the natural habitat and are suited;,to the conditions of tate area will be planted to
provide shade, define the grounds acid soften the architectural elements."How will these
mtti ation measures be implemented, and at what stage of the approval process can
this be assured? The document also states that 'A significant mitigation measure to the
terrestrial ecology of the site will be the maintenance of original type ground cover
which serves as a habitat for anima4 bird life, and nativetyrype grasses."In keeping with
this proposed mitigation measure, can areas of the site be covenanted to ensure that '
existing groundcover is not disrupted? GV4 -/O
11. ]'ransportation aoY
What mitigation measures can be included into the proposed project to minimize
impacts to pedestrian environment if such mitigation is needed based upon analysis?
12. I 2A�g an Z n i nes; ;Re �6
The document indicates that land use mitigation is proposed to include, "landscaping
and plantings, especially street trees, and other related Apes of lardscaning shut would
transform lice developed site into a pleasing visual incpact."What landscape
improvements can be incorporated into the subdivision and infrastructure approvals
[i.e. street trees, recharge plantings, common area enhancement (for Sb-unit GV�4�IZ
alternative).
13. Eublic Water 5upILly P °& VT.6
With the update of the water supply status for the Final ETS, available water supply
mitigation and water saving measures should be outlined. CVA —J3
ADDENDtTN. l TO DET FOR S0JJTU!2LD M'\1N1QNYS
PROJECT DESCRIPTION
1. LVIN Ltd -fQr L,OiCCt
The Addendum indicates that "..small capacity sewage trcatment plants tend to haveoperating problems due to their size...". Please describe the type of overational
problems such plants have been documented as having, and relate to the CVA—I�
environmental consequences with regard to the proposed project.
CRAMER, Vt�� �� SOCIAT ES
ENVIRONMENT AND, Atm tuG CONSULTANTS Page of
3
V.; \v
0 Biters
MAYOR Iliz CZE e o� C /reelror� FAX
WILLIAM R PF.LL III / INCORPORATED 1838
NEI INCORPORATION•►aIl T 1868 15161477-1877
TRUSTEES RE ANCORPORATION UNDER GENERAL LAW MAY 28,1894 vILLAGE CLERK
WILLIAM D ALLEN
�0f
STEPHEN L.CLARKE yah LORNA M CATUS
JOHN A.COSTELLO i//__„y _ (516)477-2385
GAIL F NORTON _..0 j ,r• TREASURER
J�" N G i S;'L A N
„_. MARY E.THORNHILL
(516)477.0248
236 THIRD STREET • PO BOX 2095August 21, 1991
GREENPORT. NEW YORK 11944
Judith T. Terry, Southold Town Clerk
53005 Main Road
Southold, New York 11971
Re: E. M. Kontokosta (Southbld Commons)
Boisseau Avenue, Southold
SCTM: 1000/55/5/17
Dear Mrs. Terry:
This will acknowledge receipt of the July 17, 1991 SEQR
Notice of Completion of Draft EIS and the Draft
Environmental Impact Statement (DEIS) with respect to the
referenced proposed action.
The DEIS indicates an application has been made to the
Greenport Water District and is presently pending. At this
point it is impossible to predict what the Greenport Water
District's additional capacity, if any, will be at such time
as it may be required.
Numerous factors effect capacity, including the life
Styles of the users, the weather, standards of water Ili - 1
quality, requirements of other agencies, growth within the
water district, the district's ability to locate new sources
and the quality of those sources. Just to name a few.
Presently, the district's contracts to provide water exceed
the excess capacity.
Regarding the DEIS, the district would request the
applicant show analysis for additional gallonage required at
VU— Z
peak day and peak hour of usage. There should also be information relative
to fire flow demands.
ry truly r,
/you )
James Monsell
Superintendent of Utilities
PLANNING BOARD MEMBERS o f ;'"r SCOTT L. HARRIS
lennett Orlowski, Jr., ChairmanSupervisor
George Ritchie Latham, Jr.
Richard G. Ward +! ��JJ Town Hall. 53095 Main Road
Mark S. McDonald P.O. Box 1 179
Kenneth L. Edwards PLANNING OFFICE Southold, New York 11971
•
Telephone (516) 765-1938 TOWN OF SOUTHOLD Fax (516) 765-1823
MEMORANDUM
TO: Judith T. Terry, Town Clerk
Members of the Town Board
FROM: Bennett Orlowski, Jr. , Chairman zp-( �✓s
RE: Review of Draft Environmental Impact Statements
for Southold •Commons;; -Southold
SCTM # 1000-055-5-17
and for JEM Realty, Greenport
SCTM # 1000-035-1-24
DATE: August 13 , 1991
With regard to each of the above-noted Draft Environmental
Impact Statements and the Addendums to same, the Planning Board
feels the Town Board should assume responsibility for having its
own consultants prepare a Final Environmental Impact Statement
for each. In each case, the final document should address the
following issues:
I. The social and economic impacts of concentrating
additional affordable housing units within the Southold
hamlet and the Greenport Village should be evaluated.
Particular consideration should be
given to the amount of existing affordable homes and where
relevant, the projected number that have received pe
conditional final approvals already.
2. The Town Board has been asked by the sponsor of
another affordable housing project that is under
construction (Cedarfields in Greenport) to allow the homes
to be sold on the open market because qualified buyers
cannot be found within the limits set by the Town' s own
Affordable Housing program. If the Town' s program sets
comparable limits to the County' s program, the proposal to
add more dwelling units in the same price range does not _
seem to reflect the real housing needs of the Town.
The Board' s position on this proposed change of zone
remains as it w 6
in March of 1990, which is that the proposed
changes of zon 11 not meet the affordable housing needs of
this Town.
21 August 1991
East Marion, N. Y.
The Town Board
Town of Southold
Town Hall , Southold
Main Road, 11971
Dear Sirs:
The proposal by developer Kontakosta to build some 316 "homes" in
Greenport and Southold, dependent upon not one, but two, zone changes
in both sections, in each case downgrading the area, is outrageous.
The Master Plan, painstakingly wrought over a long period--and
considered by many residents to be flawed in some respects--was designed
to guard against this kind of blatant misuse of our open space and fragile
ecology. Such zoning restrictions as we have are there to be enforced and to
protect Southold Town from unwarranted and chaotic development. It appears,
at least to this writer, that the developer, with pure profit motives, is out
to exploit to the maximum these two properties in the guise of providing
"affordable housing".
We have read recently--and it seems documented--that perhaps this
kind of new housing is not really affordable for local young people, or
elderly PeoPle; and therefore that alternatives such as rehabilitating existing
housing and empty structures should be considered. In fact, recent newspaper
surveys bring into question the purported need for new "affordable" housing.
The Cedar Fields project in Greenport is an example. Few prospecive buyers
have been able to qualify. It is rumored that the developers, unable to
unload properties, have bought in for their own families.
In the case of the 20 acres along the Sound in Greenport, what can be
possibly the justification for down-zoning from 2 to 1 acre for "luxury
housing"? And then, how can the Town sanction all those other houses,
more than 100, on 1/4-acre lots when the zoning calls for 2-acre lots? jr6 —z
This would be a betrayal of all that we have worked and hoped for.
There are very serious reasons for 2-acre zoning--for heavens sake, we've
been through all this for years now! Can the law be overturned with not even
an extensive SEQRA study, just an affirmative nodfrom the Town Board?
It was reported that the protesting residents at the hearing did not
address the main issue, the Draft Environmental Impact Statement, so concerned
were they with the encroachment on their open space, the danger to groundwater,
the down-grading of their area, traffic, noise, pollution, and the violation
of the Master Man. If this is not environmental impact, what is' These
citizens of Southold Town deserve to be listened to. It is they who will pay-'
higher taxes each time a development of this type is allowed; their euality
r
2 -
of life will diminish, as will the special aura and attraction of the
North Fork.
Mr. Kontakosta has blithely announced that water and sewer hook-ups
will be provided by Greenport Village, yet that Village, with all it can
handle and more at the moment, has proclaimed a morator4am on any new
requests outside its borders. , . .
Please heed the Planning Board 's negative recommendation and deny
the two requested zone changes.
Sincerely,
ane Gohorel
r'
PUBLIC HEARING
SOUTHOLD TOWN BOARD
.1
it
August 13, 1991
4:35 P.M.
IN THE MATTER OF THE DRAFT ENVIRONMENTAL IMPACT STATEMENT SUBMITTED
BY E. M. KONTOKOSTA WITH RESPECT TO HIS PETITION FOR A CHANGE OF
ZONE.
Present: Supervisor Scott L. Harris
Justice Raymond W. Edwards
Councilman George L. Penny IV
Councilwoman Ruth D. Oliva
Councilwoman Ellen M. Latson
Councilman Thomas H. Wickham
Town Clerk Judith T. Terry
Town Attorney Harvey A. Arnoff
SUPERVISOR HARRIS: This public hearing is in relation to Southold Commons
in respect to a DEIS. At this time, Councilman Judge Edwards will read verifica-
tion and publication.
JUSTICE EDWARDS: "Notice is hereby given that the Town Board of the Town
of Southold will hold a public hearing at 4:35 P.M. , Tuesday, August 13, 1991 ,
at the Southold Town Hall, Main Road, Southold, New York, on the Draft Environ-
mental Impact Statement submitted by E.M. Kontokosta with respect to his petition
for a Change of Zone from "R-80" Residential Low-Density District (2-acre minimum)
to "HD" Hamlet Density District, on certain property located on the west side of
Boisseau Avenue, south of Middle Road, Southold, New York. SEQRA lead agency
is the Southold Town Board. A copy of the Draft environmental Impact Statement
is on file in the Office of the Southold Town Clerk, Town Hall, Main Road, Southold,
New York, and is available for inspection during regular business hous. Dated:
July 17, 1991 . Judith T. Terry, Southold Town Clerk." I have proof of publication
in The Suffolk Times on 25th of July, 1991 . 1 have proof that it was posted on
the Bulletin Board at Town Hall on the 22nd of July, 1991 . 1 have proof of publica-
tion of The Long Island Traveler-Watchman on the 25th day of July, 1991 . 1 have
a letter from Cramer, Voorhis E Associates to Mr. Scott Harris, Supervisor, in
regard to Southold Commons Review of the Draft EIS. Dear Scott: We have com-
pleted our review of the Draft Environmental Impact Statement for the above
referenced project. Attached, please find a letter documenting out comments on
the report. Please review this information with the Board, a if you are in agree-
ment, please forward same to the applicant to be addressed in the Response to
Comments for inclusion in the Final EIS for this project. If you have any questions
r J 1 vEIS E.M. hontokosta
regarding any aspect of this project or our review of the Draft EIS, please do
not hesitate to contact this office. Charles J. Voorhis. I have a letter from the
Southold Town Planning Board to Judith T. Terry, Town Clerk and members of
the Town Board, from Bennett Orlowski, Jr. , Chairman, in regard to the review
of Draft Environmental Impact Statements for Southold Commons, Southold, dated
August 13, 1991 . With regard to each of the above-noted Draft Environmental Impace
Statements and the Addendums to same, the Planning Board feels the Town should
assume responsibility for having its Own consultants prepare a Final Environmental
Impact Statment for each. In each case, the final document should address the
following issues: 1 . The social and economic impacts of concentrating additional
affordable housing units within the Southold hamlet and the Greenport Village should
be evaluated. Particular consideration should be given to the amount of existing
affordable homes and where relevant, the projected numer that have received
conditional final approvals already. 2. The Town Board has been asked by the
sponsor of another affordable housing project that is under construction (Cedarfields
in Greenport) to allow the homes to be sold on the open market because qualified
buyers cannot be found within the limits set by the Town's own Affordable Housing
program. If the Town's program sets comparable limits to the County's program,
the proposal to add more dwelling units in the same price range does not seem to
reflect the real housing needs of the Town. The Board's position on this proposed
change of zone remains as it was in March of 1990, which is that the proposed
changes of zone will not meet the affordable housing needs of this Town. There's
nothing further.
SUPERVISOR HARRIS: Thank you. At this time we'll go out to the audience.
Come up to the microphone, please, and state your name. This will be public
comments on the Draft Environmental Impact Statement, that is before us at this
time. Yes, sir?
EUGENE DUFFY: My name is Eugene Duffy. I'm a member of the New York Bar.
I'm here this afternoon representing my wife, Alice Grattan Duffy, who is a life
long resident, was born on Youngs Avenue, still resides there, is the co-owner
of eight acres. Along with me this afternoon is cousins, Charles Gratten, who
owns a home on Youngs Avenue, her cousin, Rita Delaney, who owns a home on
Boisseau Avenue, other friends and neighbors from the area, who are seated here
in this row, this lady here who's name escapes me at the moment. The Long Island
Traveler, our fine local paper, a week ago last Thursday carried a feature story
about open spaces. If you will bear with me I'd like to say something about open
spaces for a few minutes of your time. A few years back north of the railroad
tracks on Hommel Avenue to Route 48, sometimes called the North Road, between
Hortons Lane, and just east of Hommel Avenue, we had three open spaces. A
few years back we filled up one open space on the west side of Youngs Avenue
with condominiums. One of the three open space last year Mr. Mandel got a
variance for his project, which included some affordable housing. Two open spaces
of that area are gone. This is the third open space between Youngs Avenue, and
Boisseau Avenue. In the Traveler there was team from the United Kingdom, a
team of four, were here looking over our open spaces. They were joined by a
team from the United States. They gave a lengthy report. They did a lengthy T_.
inspection, and they made it very clear to us, do not fill up your open spaces.
Once you fill up an open space, it's gone for ever. It's .irretreivable. The Wall Street
Journal this past week ran a book review telling why Kent, Connecticut, and Tyro,
Illinois had failed as cities, so these are subjects that are in the public arena,
and people are worried about them, thinking about them, and the people on Youngs
Avenue are concerned. We lost our two open spaces. We do not want to lose our
third. The Master Plan called for at least two open spaces. I don't know whether
Ng 3 - PH DEIS E.M. i\ontokosta
it was in effect when that condominium variance came open, but at any rate we
lost the one, and on the Master Plan we only have one left in that area, and I'm
pleading with the Board on behalf of these people, don't do it. Don't give this
variance to these people, and don't subject us up there in Youngs Avenue to
another four years of construction. When the condominiums went up, they put
their service road opposite Alice's home. You couldn't sit . on the porch. You
had four years of dust. They didn't. even water the service road. I read some
of the material that's in the Office tliere, the statement, which is nothing if not
complete, but it's so complete that we can't tell whether the original, or the alter-
native, or another alternative, or a hundred and thirty-two, one hundred twenty-
eight, or one hundred and sixteen, whether we're going to have a sewage treatment
plant. God help us, if we ever have that, a sewage treatment plant. If you have
any New York papers out here going back some five or ten years, you know the
horrible stories of the treatment plants, that they had in the South Bronx, and 7=Z-
South Queens. They peeled the paint off the local buildings, and when the wind
was in the right direction, the terrible odors. The sewage treatment plant would
be up at the North Road, or near Route 48, but it's also subject to the wind, and
when the north wind comes, we get it down at the south, you get it at the east
and you get it at the west. Don't subject us to that either, and I think we've
had enough in this area of all the building, and the housing, and whatever there
is. We're going to have a traffic problem, pollution, noise, sewage, construction,
and above the lose of our beautiful open spaces and God's fine fresh air. Thank
you for your patience.
SUPERVISOR HARRIS: Thank you. Are there any other members of the audience,
that would like to come forward? Please state your name for the record.
DAN KUJAWSKI : Dan Kujawski. I'm also a Youngs Avenue property owner, and
I'd like to pretty much echo Mr. Duffy's words, except I'm not against the property
being developed. I would like to see the property developed. I'd like to see it
developed responsible, and according to the current zoning, not a change of zone.
I don't see any reason for a change of zone, except for putting money into Mr.
Kontokosta's pocket, who I feel, in my opinion, doesn't put up very good buildings
anyway. I'm not sure that I'd like to live next to anything that he developed.
On top of the fact, that I'm already pretty much surrounded by condominiums.
1 don't think another condominium complex around my house is going to do anything
for my neighborhood. 1 think that if you'd like to give him a change of zone,
because he owns sixty acres, or forty acres, or how many acres it is, then you
should allow me to put up two more houses on my property, subdivide it, and I'll
sell and move out of the neightborhood. That's ridiculous. The property, the T-3
area around Youngs Avenue has enough condominiums. You can't possible get
rid of all that sewerage. Where is the wa e� r g_10 come from? What's that going
to do to mine? No. I'm sorry, there's no way that you can do that. You think
about it, if it's next to your house.
SUPERVISOR HARRIS: Thank you. Yes?
STEPHEN CLARK : Good afternoon. My name is Stephen Clark, representing the
Village of Greenport, as with the other hearing, within ten days we_will respond
in detail,_ in writing to you on one issue only, the water supply. Thank you.
SUPERVISOR HARRIS: Thank you. Is there any other members of the audience,
that would like to address this issue? If not, we have also received, which Judge
Edwards inadvertently left out, we have also received review from Cramer, Voorhis,
and Associates of the Draft EIS for Southold Commons, which again you will be
provided copies of, Mr. Packman, and Mr. Kontokosta. Whenever you have neccessary
to look at the documents the Town Clerk will have this. Yes, sir?
Pg 4 - PH DEIS E. M. Kontokosta
HOWARD PACKMAN : Just for the record, because there's two separate hearings.
I just want to indicate that I appear on behalf of Emanuel Kontokosta with the project
Southold Commons. I repeat my address, and 1 repeat the fact that . .Excuse me,
I'm just repeating what I said before. I will state again, members of the Board,
members of audience, that my name is as it was before, Howard Packman. I'm
the attorney for the applicant, and I repeat what I said before, and I thank you
for your attention. 1
SUPERVISOR HARRIS: Is there any further comments? Yes, sir?
DAN CHARNEWS: I'm Dan Charnews, and I live on Youngs Avenue. I have a
tract of land back there, too, and I have no qualms about the condos next to me.
I think they're very good people. I think two acres is too much, because I have
to handle it because I happen to be in a depression, and my health, and two acres
is quite hard for anyone to handle. One acre I think is very good. I think on
that you build a garage. You can have a family. You can have your septic system,
and you can have your water, but when you get down to a quarter of an acre,
you're getting too close to each other, and this business about open space, it depends
on who has to pay for it. I was under the impression that the Town Board at
one time said that hamlets should be somewhere within the range of a thousand
feet of the post office, so that would be in the village area. We already have small
parcels being taken up. Of course, the Town Hall, which we can't help, and I
still think if one acre is a nice piece of property, and it would be the right type 7'
of people, and I think a quarter of an acre will finally turn into a ghetto. As
far as I know property is not moving too good. In Southampton they tried the
condo. There's so many condos built there, that the bank had to sell them out,
and I don't think we have the—enough yards to satisfy anybody, and I think we
should come in a position like Riverhead, when you start building these quarter
of acre things, I don't know if HUD or somebody else will come in here, and push
the welfare people, eventually, and I think if you stick to one figure at least,
two you have to have, if you have to, but I don't think we'll have any problem
with a lot of welfare, or maybe you'll start getting these here small places you
might have—have to get rid of, I hate to say this, the invalids or something like
that, they try to push that in so many in each town, and I think you just stick
to two acres, but if you have to one acre, but not below one acre on account of
I think you have your own water, and your own sewage plant, own sewage, and
it wouldn't effect your water, especially this here on Youngs Avenue, it's quite
a high area, even mine, but in between Hortons Lane and Youngs Avenue, it's
about the highest spot in town, and I don't think you'd have any trouble with
water. But a quarter of an acre should not be allowed I don't think.
SUPERVISOR HARRIS: Thank you, Mr. Charnews. Any other members of the
audience, that would like to address the DEIS. Mr. Packman?
HOWARD PACKMAN: I want everyone to understand on the Board, and the audience,
that this is not a change of zone application, nor a hearing, and I'm not addressing
anything with regard to that. The Board is familar with that. The sole purpose
of this hearing is the SEQRA Statement, which is here, and those comments which
are addressed to it. But I would like to disagree with some of the remarks that
were made, that there are condominiums being proposed here. There are no_
condominiums being proposed on this site. So, I think with that misimpression
we get that cleared away today, I would be pleased to do that. Thank you very
much.
Pg 5 - PH DEIS E. M. Kontokosta
ALICE DUFFY: 1 am Alice Duffy, who lives on Youngs Avenue, and I would like
to know just exactly what they plan to build there? It's very confusing and what
have read. Would someone comment on that?
SUPERVISOR HARRIS: Mr. Packman, would you like to address that?
HOWARD PACKMAN : The only thing;lfhat I could say is that they are going to
be single family dwellings on this particular site. That is all we are proposing,
is a regular subdivision application, if and when the application for our change
of zone is granted. Mr. Supervisor and members of the Board, again, I restate
my position. At the zone application I'll be pleased to outline all the information
and answer all the questions,that these particular people have at that time. I think
it would be wrong for me to make that application.
SUPERVISOR HARRIS: Quite rightly so, Mr. Packman, this is a draft and only
a draft of the Environmental Impact Statement for hearings on that statement. Copies
for those who haven't seen it are available at the Town Clerk's Office. If you'd
like to read it, I know it is a lengthy document, as was stated before but it is
there for your inspection. If there are no other comments on this, I'll declare
this public hearing closed. (No response. )
Judith T. Terry
Southold Town Clerk
e
MIDDLETON ENVIRONMENTAL, INC.
Environmental Consultants
DONALD J MIDDLETON,JR.
November 8, 1991
Ms. Judith T. Terry
Southold Town Clerk
Town Hall
5309 So. Main Road
P. O. Box 1179
Southold, New York 11971
RE: November 1, 1991 letter from Cramer, Voorhis and Associates
to Southold Town Clerk re: Southold Commons and
Review of Final EIS
Dear Ms. Terry:
We are in receipt of a copy of the above referenced letter
and would like to submit the following response to the comment
in the letter regarding the Final EIS for the Southold Commons
proposed project .
Our analysis of "Response #12" leads us to conclude that the
final EIS should also include the following "Alternative: Warier
Demand Analysis" which is predicated upon our past experience
with the requirements of the Greenport Utilities Company of the
Village of Greenport:
WATER DEMAND ANALYSIS
As calculated by Generally Accepted Design Criteria)
Average Daily Flow Rate (SCDHS Design Flow)
116 (3 Bedroom) units @ 300 gpd = 34, 800 GPD
Maximum Daily Flow Rate (Salvato, 1982)=
(4 x average daily flow rate) 34, 800 GPD = 139,200 GPD
Maximum 1-hour Flow Rate (Salvato, 1982; SCDHS)
(9 1/2 x average daily flow rate) 34, 800 = 330, 600 GPD =
13, 775 GPH = 230 GPM.
Fire Flow Demand (ISO Requirements, AWWA, Manual M-31)
1000 GPM (Requirements for buildings 11-30 feet apart)
754 DEER PARK AVE, NORTH BABYLON, NEW YORK 11703 • 516321-4348 • FAX 516321-4349
i
t
REFERENCES
AWWA, Manual M-31, Manual of Water Supply Practice,
Distribution Requirements for Fire Protection, M-31
(Insurance Services Office Method) .
Salvato, Joseph A. , 1982, Environmental Engineering and
Sanitation, John Wiley & Sons, NY.
SCDS, 1991, Personal Communication by C. Voohris, Robert
Farmer, Asst Public Health Engineer, 10-28-91 .
ALTERNATE WATER DEMAND ANALYSIS - (Based on criteria
previously submitted and accepted to Mr. H. B. Sherman,
Supt. of Utilities, Village of Greenport on 11-26-88) .
Daily Water Consumption=
116 (3 Bedroom) units @ 300 gpd = 34,800 GPD.
Peak Water Demand =
(2 x daily demand) 34, 800 = 69, 600 GPD
Annual Demand =
Daily Anticipated Demand x 360 days =
360 x 34, 800 = 12,528,000 Gals.
Fire Flow Demand = 500 GPM/Hydrant (MIN) personal
communication per Mr. James Monsell Greenport Utilities.
We have provided, herein, twenty copies of this letter and
hereby request that this letter be considered as an Addendum to
the Final EIS for the proposed Southold Commons project.
Inclusion of this Addendum would serve to expedite final review
by all concerned agencies.
I thank you for your consideration and hope that this
Addendum is sufficient to initiate final review of the Southold
Commons EIS.
Sincerely,
�D nal J. Middleton
Vice iesident
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