Proposed Mixed Use Development

DRAFT ENVIRONMENTAL IMPACT STATEMENT

440 Main Street Incorporated Village of Port Jefferson Suffolk County, New York

PREPARED FOR PREPARED BY Brooks Partners, LLC 414 Main Street- Suite 202 Port Jefferson, NY 11777 100 Motor Parkway, Suite 135 Hauppauge, NY 11788

February 2019 DRAFT ENVIRONMENTAL IMPACT STATEMENT PROPOSED MIXED-USE DEVELOPMENT AT 440 MAIN STREET INCORPORATED VILLAGE OF PORT JEFFERSON SUFFOLK COUNTY, NEW YORK

PROJECT LOCATION: 1.14± acre parcel located at 440 Main Street in the Incorporated Village of Port Jefferson, Suffolk County, New York

APPLICANT: Brooks Partners, LLC 414 Main Street – Suite 202 Port Jefferson, New York 11777 (631) 474-0946

LEAD AGENCY: Incorporated Village of Port Jefferson Planning Board 88 North Country Road Port Jefferson, New York 11777 (631) 473-4744

PREPARER & CONTACT: This Draft Environmental Impact Statement was prepared by:

VHB Engineering, Surveying, Landscape Architecture and Geology, P.C. 100 Motor Parkway, Suite 135 Hauppauge, New York 11788

Contact: David M. Wortman Senior Environmental Manager (631) 787-3400

With technical input from:

Eric Nicosia, RA (Architect) P.O. Box 879 Rocky Point, New York 11778 (631) 928-4456

DATE OF PREPARATION: February 2019

AVAILABILITY OF This document represents a Draft Environmental Impact Statement DOCUMENT: (DEIS) prepared in accordance with 6 NYCRR §617.9. Copies are available for public review and comment at the offices of the Lead Agency, in the Port Jefferson Free Library and on the Incorporated Village of Port Jefferson Website at https://portjeff.com/.

DATE OF ACCEPTANCE: ______

DEADLINE FOR COMMENTS: ______

Draft Environmental Impact Statement

Table of Contents

1 Executive Summary ...... i

2 Description of the Proposed Action ...... 1 2.1 Introduction...... 1 2.2 Existing Site Conditions ...... 2 2.3 Project Description ...... 2 2.4 Purpose, Need and Benefits ...... 6 2.5 Project History ...... 8 2.6 SEQRA Process and Reasons Supporting Positive Declaration ...... 9 2.7 Construction Schedule ...... 9 2.8 Required Permits and Approvals ...... 10

3 Existing Environmental Conditions, Anticipated Impacts, and Proposed Mitigation ...... 11 3.1 Aesthetics, Visual Resources and Neighborhood Character ...... 11 3.1.1 Existing Conditions ...... 11 3.1.2 Anticipated Impacts ...... 15 3.1.3 Proposed Mitigation ...... 21 3.2 Traffic and Parking ...... 22 3.2.1 Existing Conditions ...... 22 3.2.2 Anticipated Impacts ...... 23 3.2.3 Proposed Mitigation ...... 28 3.3 Parkland, Recreation and Open Space ...... 29 3.3.1 Existing Conditions ...... 29 3.3.3 Proposed Mitigation ...... 32 3.4 Subsurface Conditions ...... 33 3.4.1 Existing Conditions ...... 33 3.4.2 Anticipated Impacts ...... 34 3.4.3 Proposed Mitigation ...... 35 3.5 Stormwater Management ...... 36 3.5.1 Existing Conditions ...... 36 3.5.2 Anticipated Impacts ...... 39 3.5.3 Proposed Mitigation ...... 44 3.6 Flooding and Sea Level Rise ...... 44 3.6.1 Existing Conditions ...... 44 3.6.2 Anticipated Impacts ...... 48 3.6.3 Proposed Mitigation ...... 49 3.7 Noise, Dust and Vibration...... 50 3.7.1 Existing Conditions ...... 50 3.7.2 Anticipated Impacts ...... 50 3.7.3 Proposed Mitigation ...... 54

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4 Alternatives and Their Impacts ...... 56 4.1 No Action ...... 56 4.1.1 Aesthetics, Visual Resources, and Neighborhood Character ...... 57 4.1.2 Traffic and Parking ...... 57 4.1.3 Parkland, Recreation, and Open Space ...... 57 4.1.4 Subsurface Conditions ...... 57 4.1.5 Stormwater Management...... 57 4.1.6 Flooding and Sea Level Rise ...... 58 4.1.7 Noise, Dust, and Vibration ...... 58

5 Unavoidable Adverse Impacts ...... 59 5.1 Short Term Impacts ...... 59 5.2 Long Term Impacts ...... 60

6 Irreversible and Irretrievable Commitment of Resources ...... 61

7 Growth-Inducing Impacts ...... 63

8 Use and Conservation of Energy ...... 65 8.1 Energy Consumption and Energy Providers ...... 65

9 References ...... 66

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List of Appendices

Appendix Description

Appendix A Village of Port Jefferson Planning Board Positive Declaration (December 4, 2018) Appendix B Proposed Site Plans - Zoning Data & Area Plan (AC-1) - Existing & Demolition Plan (AC-2) - Site Alignment Plan (AC-3) - Grading & Drainage Plan (AC-4) - Drainage Details (AC-5) - Sanitary/Water/Utilities (AC-6) - Landscape Plan (AC-7) - Site Lighting Plan (AC-8) - Site Details (AC-9) - Erosion & Sediment Control Plan (ESCP-1) Appendix C Photographs of Site and Surrounding Area Appendix D Architectural Renderings Appendix E Photosimulations Appendix F Architectural Elevations Appendix G Traffic and Parking Assessment Appendix H Phase I Environmental Site Assessment (January 2017) and Phase II Environmental Site Assessment (February 2017)

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List of Tables

Table No. Description Page

Table 1 Existing Site Coverage ...... 2 Table 2 Existing and Proposed Site Coverage ...... 4 Table 3 Required Permits and Approvals ...... 10 Table 4 Site Trip Generation, Unadjusted ...... 25 Table 5 Site Generation, Net New Trips ...... 25 Table 6 Required and Provided by Drainage Area ...... 40 Table 7 New York State Sea-Level Rise Projections, 6 NYCRR Part 490 ...... 48

List of Figures

Figure No. Description Page

Figure 1 Site Location Map ...... 3 Figure 2 Parkland, Recreation and Open Space ...... 30 Figure 3 FEMA Flood Insurance Rate Map Excerpt ...... 45

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1 Executive Summary

This document is a Draft Environmental Impact Statement (DEIS) prepared in accordance with the State Environmental Quality Review Act (SEQRA) and its implementing regulations at 6 NYCRR Part 617 for the action contemplated herein and is based upon the Positive Declaration issued by the Planning Board of the Incorporated Village of Port Jefferson (the “Planning Board”) as the Lead Agency on December 4, 2018 (see Appendix A). This DEIS evaluates the potential adverse impacts associated with the proposed action, which consists of the redevelopment of a 1.14±-acre site located at 440 Main Street (State Route 25A) in the Incorporated Village of Port Jefferson, Suffolk County, New York (the “subject property”) with a mixed-use building and associated site amenities. The proposed action is expected to require Site Plan and Conditional Use permits from the Planning Board, among other permits and approvals.

This DEIS evaluates the following issues in accordance with the Positive Declaration:

› Aesthetics, Visual Resources and Neighborhood Character › Traffic and Parking › Parkland, Recreation and Open Space › Subsurface Conditions › Stormwater Management › Flooding and Sea Level Rise › Noise, Dust and Vibration

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This Executive Summary is designed solely to provide an overview of the proposed action, a brief summary of the potential adverse impacts identified and mitigation measures proposed, as well as the alternatives considered. Review of the Executive Summary is not a substitute for the full evaluation of the proposed action performed in Sections 2 through 9 of this DEIS.

Existing Site Conditions

The 1.14±-acre subject property has frontage and access onto Main Street (to the east) and Barnum Avenue (to the west), and is improved with a one- and two-story, 16,836±-square-foot (SF) building containing retail carpet sales, showroom and office space, an automotive repair shop, and associated paved and gravel-surfaced parking and outdoor boat storage areas. A small stand of mature maple trees occupies the westernmost portion of the property, along its frontage on Barnum Avenue.

Project Description

Upon implementation of the proposed action, all existing improvements would be demolished and removed, and the subject property would be redeveloped with a three-story, 65,300± SF mixed-use building containing ground-floor commercial space with residential apartments above, and associated paved parking and landscaped areas. The proposed building would include 46 residential apartments (comprised of 44 one-bedroom units and two, two-bedroom units) as well as 2,700± SF of commercial space divided among retail/office (1,200± SF) and take-out restaurant (1,500± SF) tenant spaces fronting Main Street. A fitness room amenity (750± SF) intended for private use by the residential tenants of the proposed building would be located on the ground floor alongside the retail/office and restaurant spaces, giving the appearance of an additional Main Street storefront. Lobby and lounge spaces, as well as an indoor garage associated with the residential component would also be located on the ground floor. A private roof deck (approximately 4,594± SF in size) is proposed as an additional tenant amenity, along with a private patio and lawn/garden area along the south side of the proposed building.

The design of the proposed building is such that it would be compatible with established elements of the neighborhood character in the Village of Port Jefferson’s downtown area, within which the subject property is situated. The façade of the building is designed to give the appearance of three contiguous buildings, while also incorporating consistent and compatible design elements throughout the building for a cohesive aesthetic character.

Potable water would be supplied to the proposed building by the Suffolk County Water Authority (SCWA). Total domestic water use for the residential and commercial project components is estimated at 10,647± gallons per day (gpd). Sanitary waste generated at the proposed mixed-use building would be directed to

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an existing sewer main of the Suffolk County Sewer District CSD-01, for treatment and discharge at the Port Jefferson sewage treatment plant.

Vehicular access to the proposed development would be provided at approximately the same locations of the existing driveways serving the subject property, which include one driveway each along Main Street at the northeast corner of the site, and along Barnum Avenue, at the southwest corner of the site. A total of 78 parking stalls are proposed, including 37 stalls at ground level within a garage, beneath the proposed building, and 41 stalls to be constructed as surface stalls. The applicant will enter into a payment-in-lieu-of parking (PILOP) agreement with the Village to address a four-stall parking shortfall, whereas the Village of Port Jefferson Village Code requires 82 parking stalls.

Extensive landscape plantings are proposed throughout the subject property to enhance the overall aesthetic character of the site by providing visual interest as well as by providing screening of parking areas and the proposed building. The existing stand of maple trees along Barnum Avenue will largely be retained, and supplemented with evergreen shrubs and trees.

As provided by the project architect, the proposed action is expected to be implemented in a single phase over a total period of approximately 18 months. Construction activities would be scheduled to occur approximately between the hours of 7:00 AM and 6:00 PM weekdays and 8:00 AM and 5:00 PM on Saturdays, and will be subject to the relevant restrictions of the Incorporated Village of Port Jefferson (including, but not limited to, the Noise ordinance [Chapter 173 of the Village Code]). Pile driving activities associated with installing foundation piles for the proposed building are expected to occur during permitted hours over an approximate three-to-four week period (weather permitting).

Purpose, Need and Benefit

The purpose of the proposed action is to create a high-quality, mixed-use development on the subject property to address existing and projected demands for residential and economic development in the Village of Port Jefferson. Additionally, the proposed action would redevelop an underutilized property at a prominent Main Street location in a manner that is consistent with, and achieves relevant goals of, the Village of Port Jefferson’s 2030 Comprehensive Plan Update1 (hereinafter the “Village Comprehensive Plan” or “2030 Plan”).

Benefits expected to result from implementation of the proposed action, include, but are not necessarily limited to:

1 2030 Comprehensive Plan Update & Draft and Final Generic Environmental Impact Statements for the Incorporated Village of Port Jefferson. November 2014. Accessible at https://portjeff.com/comprehensive-plan/, accessed January 2019.

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› Economic benefits, such as: • Increase in property tax and sales tax generation • Increase in employment opportunities • Introduction of 46 new households to the Village along with the associated purchasing power, which could support local businesses. › Improvement of drainage conditions on the subject site, whereby the stormwater storage capacity of the site is increased and the potential for overland flow onto adjacent properties or into the Village stormwater system is minimized.

With respect to the Village Comprehensive Plan, the proposed action would benefit the Village by furthering the following goals and actions described therein:

› Section 1.1.2 of the 2030 Plan defines the Vision Statement for the comprehensive plan, which indicates, in pertinent part, the desires of the Village to “[c]reate a range of housing types and opportunities for different household incomes” and to “ensure that new growth and redevelopment enriches the aesthetics of and is in harmony with the existing fabric of the Village of Port Jefferson.” The proposed action would diversify the Village’s housing stock and provide a unique housing option, whereas 46 new apartments would be constructed, nearly all of which (i.e., 44 units) are proposed to be one-bedroom units. This design would appeal to a segment of the Village’s population and housing market in a way that single-family residences cannot, and will help meet the identified need of the Village for a broader range of housing options. Moreover, the design of the proposed building is such that it would improve the aesthetic and visual conditions of the subject property in a way that is complementary to, and enhances, the distinct character of the downtown neighborhood. › Section 2.4 of the 2030 Plan discusses the residential market conditions of the Village at the time of the study, and confirms that the Village of Port Jefferson has the capacity to capture “at least 50 new housing units each year, or 250 housing units over five years, through new construction.“ This estimate is described within the 2030 Plan as being a highly conservative estimate, adding that a greater level of development “could likely be supported and should be planned for over a medium-term period.” The results presented in the 2030 Plan support the proposed action, which – at 46 proposed apartment units – represents only a portion of the level of residential growth anticipated within the Village Comprehensive Plan. This section of the 2030 Plan further describes that the anticipated future residential apartment units “… can be developed above existing retail properties or on development sites that could include ground-floor retail space.” The proposed action fully reflects this aspect of the Village Comprehensive Plan’s residential market discussion, as the proposed action contemplates the redevelopment of a primarily retail site in a manner that includes ground-floor retail space with residential apartments above.

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› Section 4.1 of the 2030 Plan presents various recommendations that are targeted at housing within the downtown C-1 District, within which the subject property is situated. Specifically, relevant to the proposed action, Section 4.1.1 recommends the encouragement of residential housing units over retail and describes benefits associated with same (e.g., furtherance of Smart Growth planning initiatives, contribution to the health of downtown businesses and potential reduction in crime levels). The proposed action specifically proposes the construction of a new building with ground-floor retail and residential apartments within the two floors above, particularly along the prominent Main Street frontage of the subject property. Toward that end, the 2030 Plan identifies two action items as follows: • Change C-1 and C-2 zoning codes to permit mixed (retail and residential) uses as a permitted (rather than conditional) use. • Set minimum unit sizes to limit the number of single room occupancy units. See Section 5.1.3 for a discussion of minimum unit sizes. The Village’s C-1 zoning code continues to allow residential apartments above retail as a conditional use (rather than as-of-right), but, clearly the proposed action would help the Village achieve the described benefits of this development type in this district nonetheless. With respect to minimum unit sizes, the referenced section of the 2030 Plan (i.e., Section 5.1.3) makes various recommendations to discourage single room occupancy units such as would be reminiscent of a boarding house. Minimum unit sizes of 500 SF are recommended for efficiency units, plus 100 SF for the first and each additional bedroom (i.e., a minimum of 600 SF for a one-bedroom unit, not including bathroom space). The 46 proposed apartment units largely consist of one- bedroom units, but their design does not resemble a boarding house, and their size would well exceed these recommended minimum sizes. Specifically, the two residential floors of the proposed building would contain the 46 units within 45,900± SF of building area, averaging about 1,000 SF of gross floor area per residential unit. › Section 4.3 of the 2030 Plan addresses the Village’s goals relevant to retail uses within the C-1 District. Of particular relevance to the proposed action are subsections 4.3.1, which encourages the restriction of first (ground) floor uses to retail only; and 4.3.2, which addresses the encouragement and retention of “Local Village-Scale Retail” With respect to first floor retail uses, all proposed retail use would be contained within the first floor of the proposed building, with traditional storefronts facing the Main Street corridor. Additionally, all residential units would be located on the second and third floors of the proposed building - - there would be no residential apartments located on the first (ground) floor. There are lobby, lounge and fitness room amenities associated with the residential component of the mixed-use building which would occupy ground floor spaces. However, these uses are concentrated away from the Main Street road frontage, with the exception of the fitness room. The fitness room is envisioned as a residential

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amenity and not as a membership gym as might commonly occupy a retail space. However, the fitness room has been designed to resemble a traditional retail storefront such that the overall visual effect on the Main Street character will be equivalent to that of a typical first-floor retail space.

Required Permits and Approvals

The proposed action is expected to require the following permits and approvals:

Agency Approval Village of Port Jefferson Board of Trustees Acceptance of Payment-in-Lieu-of-Parking and Parkland Fee Village of Port Jefferson Planning Board Site Plan, Conditional Use Suffolk County Department of Health Services Water Supply, Sewer Connection Suffolk County Department of Public Works Sewer Connection Suffolk County Planning Commission Referral by Village Suffolk County Water Authority Water Service, RPZ New York State Department of Transportation Highway Work Permit New York State Department of Environmental General Permit for Stormwater Discharges Conservation (SPDES GP-0-15-002)

Probable Impacts of the Proposed Action

Aesthetics, Visual Resources and Neighborhood Character

The proposed action involves demolishing the existing buildings and ancillary storage units and boat storage associated with Cappy’s Carpets, Island Water Sports, and the automotive repair shop. In its place a three-story building with first-floor retail and two floors of residential apartments above would be constructed. As a result, views of the subject property from surrounding areas would be altered.

A series of architectural renderings were prepared by the project architect, Eric Nicosia, RA, to illustrate the appearance of the proposed project from four vantage points around the subject property. Additionally, photosimulations have been prepared to provide realistic depictions of the proposed mixed-use development in the context of its existing surroundings from key vantage points along Main Street and Barnum Avenue. As depicted by these architectural renderings and photosimulations, the proposed development would be constructed with a variety of building materials to create an aesthetic character that is reminiscent of the building types that typify the Village’s downtown, while also compatible with surrounding newer development and existing single-family residences. The proposed façade is designed to resemble three contiguous buildings with compatible architectural styles, in lieu of a single, continuous style along the full length of the building. This design, which was the result of various iterations and which reflects significant input from the Village Planning Board and Planning Department, would provide an

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attractive, welcoming visual element to the Main Street corridor at a prominent location in place of the existing views of an underutilized parcel with dated buildings, outdoor storage areas, etc.

Stylish retail storefronts and cohesive tenant signage will identify the appearance of the ground-level commercial spaces and will complement the established downtown Village shopping environment. Lattice work along parking areas underneath the building would minimize views into the structure and mask parking from public views. Landscaping is proposed to enclose the area and provide visual screening from surrounding properties, which would include a range of evergreen and deciduous trees and shrubs designed to respond to the proposed conditions of the site and to provide an attractive, private environment throughout the seasons.

A review of the photosimulations depicting the proposed action in the context of its surroundings indicates that, from along Main Street, the proposed building continues the scale and general character of the existing, adjacent Barnum House building, but in a way that breaks up the perceived mass of the building and mutes the roofline by minimizing gables and providing a flat-roof appearance most sections of the parapet. From along Barnum Avenue, views of the site are generally obscured by mature vegetation within the buffer area to be retained. As part of the proposed action, the existing deciduous buffer would be enhanced by evergreen (rhododendron) plantings along the site frontage as well as evergreen (holly olive) plantings along the top of the interior retaining wall alongside the parking area. The proposed mixed-use building would be visible through the vegetated buffer during leaf-off conditions, but would have a similar height, mass and general visual character as the existing, adjacent Barnum House building. The height of the proposed building does not extend to the height of the existing tree line on the horizon beyond the building, and the appearance of the building height is tempered by the change in elevation from Barnum Avenue, which is above the site in this area. It is expected that during leaf-on conditions, i.e., approximately from April/May through November), visibility of the proposed development from along Barnum Avenue would be diminished and substantially screened.

Overall, the photosimulation from Barnum Avenue confirms that the proposed building would be obscured from views along Barnum Avenue, and would be compatible with existing views such that no significant adverse aesthetic or visual impacts are anticipated. Moreover, as compared to the existing views of the repair shop and boat storage areas, the proposed action would improve views of the property by replacing these elements with a building of quality design, resulting in views that are compatible with and that enhance the established character of the surrounding Village downtown.

Traffic and Parking

A Traffic and Parking Assessment was prepared for the proposed action, which includes an analysis of existing traffic volumes at the intersection of Main Street and Barnum Avenue, an evaluation of the proposed site circulation, access and off-street

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parking, a projection of site-generated traffic, and analyses of the expected traffic impacts due to the proposed action as well as cumulative traffic impacts of two other developments, i.e., The Shipyard (completed) and Overbay (planned).

With respect to parking, the redeveloped site would provide a total of 78 parking stalls and one loading stall, including 37 within the structure reserved for apartment residents and 41 exterior stalls with 29 stalls nearest Barnum Avenue reserved for apartment residents and the remaining 12 stalls for use by employees and patron of the commercial space on the Main Street side of the proposed action.

As provided within the Traffic and Parking Analysis, review of the proposed site plan indicates the site will provide good internal circulation for passenger, delivery, and emergency vehicles. Site access would remain at Main Street and Barnum Avenue in a similar configuration as under existing conditions. Both driveways are proposed to provide full access and will be STOP controlled for exiting traffic. Near the Main Street entryway, it is recommended the parking to the north on the west side of Main Street be eliminated between the entryway and the existing marked crosswalk to increase sight distance. It is also recommended the two parking stalls immediately south of this access on the west side of Main Street be eliminated to establish clear sight lines.

An estimate the project-generated traffic was prepared for the proposed development as follows:

Component AM Peak Hour PM Peak Hour Saturday Midday Project Component Size Entering Exiting Entering Exiting Entering Exiting Primary Restaurant Trips 1,500 SF 11 8 11 11 20 21 Office Trips 1,200 SF 2 0 0 2 1 0 Residential Trips 46 units 5 16 16 10 16 16 18 24 27 23 37 37 Totals 42 50 74

The Village identified two other nearby developments (one completed and one planned), and specifically identified the potential for cumulative impacts of these developments and the proposed action upon traffic conditions at the intersection of Main Street and Barnum Avenue. The results of the Build 2020 condition capacity analysis for this key intersection reflects all traffic generated by the proposed action, as well as these two additional developments, such that the cumulative impacts of these three developments are represented therein. The results of capacity analysis

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indicate that that two stop-controlled approaches, eastbound Barnum Avenue and westbound Jones Avenue operate well with LOS B or better in the Build condition. The northbound and southbound left-turns in Barnum Avenue and Jones Avenue respectively, operate at LOS A. Accordingly, the proposed action would not be expected to contribute to a significant adverse cumulative traffic impact at this intersection.

Additionally, capacity analyses were performed for the two site access points (i.e., on Main Street and Barnum Avenue), which indicate that the two site access points would operate well in the Build condition with LOS C or better

Overall, based on the results of the analyses conducted within the Traffic and Parking Assessment, we have arrived at the following conclusions:

› The proposed redevelopment will generate only a modest number of new trips during the weekday a.m., weekday p.m. and Saturday Midday peak periods. This level of new traffic is on the order of an additional trip per minute, or less, › The highest level of peak hour site traffic is expected to occur during the Saturday midday period, coinciding with the highest level of background traffic during the peak summer season. › The results of the capacity analysis performed at the study intersection of Main Street and Barnum Avenue/Jones Avenue and the site access points show that they operate well in the Build condition. › Potential cumulative traffic impacts of the proposed action, taken together with The Shipyard development and the approved Overbay development, are not expected to be significant based on expected trip generation from the proposed action and a review of the prior traffic studies for the respective other developments. › The site, as proposed, is minimally deficient of the Village Code requirements by four stalls. The developer intends to use the Village’s pay in lieu of parking program to make up the shortfall. › The site will provide for good internal circulation given the proposed layout. › The development of the site as proposed will not result in significant negative impacts to traffic conditions in the area.

Parkland, Recreation and Open Space

The introduction of the proposed project would increase the total number of housing units by 1.4± percent and the population by 1.2± percent (based on a conservative estimate of approximately two persons per renter-occupied unit). The Village of Port Jefferson is a mature, established community with several and varied recreational resources available. Therefore, overall, the incremental additional

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demand that the proposed action may impose upon local park, recreational and open space resources of the Village is not expected to be significant.

The Village of Port Jefferson’s Village Code Chapter 250, Section 52 Approval of Site Development Plans identifies that the Village Planning Board has the right to require a park suitably located for playgrounds or other recreational purposes within the Village. If the Planning Board makes a finding that the proposed site plan presents a case requiring a park or parks suitable for a playground or recreational purpose, but the size of the parcel is inadequate to fit so, the Planning Board may require a sum of money in lieu thereof to be established by the Village Board of Trustees. The applicant is proposing a payment-in-lieu of land for park, playground or other recreational purposes, in accordance with the regulations cited above. Nonetheless, the proposed action would provide a landscaped area along the south side of the property that is proposed to provide passive open space including paved patio areas, benches, a fire pit and communal barbecues for use by residents of the building, as well as additional outdoor rooftop amenity space, which would supplement the available off-site park, recreation and open space resources throughout the Village.

Subsurface Conditions

A Phase I Environmental Site Assessment (Phase I ESA) was prepared for the subject property by Middleton Environmental, Inc. in January 2017 to investigate and identify Recognized Environmental Conditions (RECs), Controlled Recognized Environmental Conditions (CRECs), or Historical Recognized Environmental Conditions (HRECs) in connection with the subject property, as defined in the American Society for Testing and Materials (ASTM) Practice E1527-13, through site reconnaissance, review of relevant maps and database resources, interviews with property owners, and other non-invasive measures. No Recognized Environmental Conditions (RECs) were identified as a result of the Phase I ESA. However, one potential REC was noted regarding a suspected UST fill port.

Based on the results and recommendations of the Phase I ESA, a Phase II ESA was prepared by Castleton Environmental Inc. in February 2017. The objective of the Phase II ESA was to assess if an underground storage tank (UST) is present at the site and assess subsurface quality in relation to the suspect UST.

A geophysical survey was performed to identify evidence of subsurface irregularities indicative of the suspect UST. Remote sensing as well as GPR was used to identify changes in soil density and a pipe locating device was used to trace pipe runs. The geophysical survey was performed by Delta Geophysics, Inc. of Catasauqua, Pennsylvania (Delta). Delta identified the above-mentioned fill port to be a sewer cleanout pipe traced on the east side of the cleanout to the building. The sewer connection appeared to be present to the west of the site along Barnum Avenue. Further, no evidence of a UST was identified at the site and no anomalies were observed, confirming that no UST is expected to exist. Hence, no associated adverse subsurface conditions would be expected.

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As part of the Phase II ESA, groundwater samples were collected immediately downgradient of the existing stormwater drywell within the paved parking lot. A sample was analyzed for Suffolk County Department of Health Services (SCDHS) volatile organic compounds (VOCs), semi-volatile organic compounds (SVOCs) and dissolved metals. Laboratory results found that metals were non-detect or below standards, and that a limited number of VOCs and SVOCs were slightly above the respective SCDHS standards. No evidence of significant groundwater impacts was identified, and no further actions were recommended within the Phase II ESA (other than routine drywell maintenance).

Disturbance of the subsurface is expected to occur in connection with the establishment of building foundations (including pile driving), minor grading, installation of the on-site stormwater management system components (drywells, leaching chambers, catch basins, etc.), and installation of utility infrastructure. The minor exceedances of VOCs/SVOCs in groundwater near the existing stormwater drywell are expected to be addressed as part of routine practices for the closure and removal of the existing drywell during construction, as necessary. Overall, no significant adverse impacts associated with on-site subsurface conditions are expected to result upon implementation of the proposed action.

Stormwater Management

The subject property is currently improved with buildings, paved parking areas and other developed surfaces, and contains a single drywell for the collection and recharge of stormwater runoff. The proposed action includes the installation of 145± shallow leaching chambers and four ponding areas among five planned drainage areas. This system has been designed to accommodate the volume of stormwater runoff generated during a minimum five-inch storm event on-site within the storage and leaching structures (i.e., three inches) and ponding areas (i.e., an additional two inches). The proposed stormwater management system, including ponding areas, would provide a total storage capacity of 22,766.5± cubic feet (cf), which is expected to exceed the minimum stormwater management requirements of the Village. Therefore, no significant adverse stormwater impacts are anticipated, and an overall benefit is expected as compared to existing conditions.

As the proposed project involves soil disturbance of one or more acres, coverage under the SPDES GP-0-15-002 (or subsequent version) would be obtained. Specifically, at the time the site plan is finalized, a SWPPP would be developed in accordance with the requirements of the GP-0-15-002 and Chapter 213-7 of the Village Code. All erosion and sedimentation control measures, set forth in the Erosion and Sediment Control Plan, included on Sheet ESCP-1 of the Site Plan (Appendix B), would be designed per State standards, and installed and maintained in accordance with the SWPPP to be reviewed and approved by the Village.

Overall, no significant adverse stormwater or related impacts are expected to result from implementation of the proposed action, during construction or operation.

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Flooding and Sea Level Rise

On September 25, 2018, a narrow and slow-moving band of torrential rain caused widespread flash flooding in Port Jefferson, overwhelming area infrastructure, causing road closures and property damage in the downtown where waters reached three-to-four feet high in places. As described by the subject property owner, only a nominal amount of water intrusion occurred and no significant water damage resulted (i.e., less than an inch of water within only the easternmost portion of the existing building.

Although no flooding impacts are anticipated, it should be noted that the design of the proposed action is such that all residential living space and major mechanical components are located above the ground floor and/or on the building rooftop. This design would minimize the potential for unexpected flood events to damage the proposed building.

With respect to sea level rise, in accordance with the standardized sea level projections set forth at 6 NYCRR Part 490 and the relevant provisions of New York’s Community Risk and Resilience Act (CRRA), sea levels could be expected to increase from 2.8-to-3.9 feet for Long Island by the year 2100 (based on medium and medium-high projections). The nearest mapped floodplain has a BFE of approximately 8 feet NAVD88. The proposed mixed-use building would have a minimum first floor elevation of 14.4± feet within the proposed ground floor restaurant and retail spaces, increasing westward up to 16.5± feet at the secondary residential lobby. Accordingly, the finished floor elevation of the proposed building would be more than 6-to-8 feet higher than the BFE of 8 feet. Therefore, it is reasonable to expect that the proposed mixed use building would not be adversely affected under future conditions of medium to medium-high sea level rise.

The design of the proposed building is such that all residential units and the major mechanical system components of the proposed building would be located above the ground floor and/or on the building rooftop, minimizing the potential for future sea level rise conditions or unexpected severe flooding events to damage the proposed building. Therefore, no significant adverse flooding or sea level rise impacts are anticipated.

Noise, Dust and Vibration

The proposed action is subject to the various provisions of the Village of Port Jefferson Noise Ordinance (Chapter 173), which are protective against excessive and

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unnecessary noise; as well as the Village’s Performance Standards (Article VI of Chapter 250 [Zoning] of the Village Code), which address both noise and vibration, among other things.

During the construction phase, activities which are expected to generate noise include demolition of the existing commercial building, grading and excavation, installation of drainage and utility infrastructure, construction of the mixed-use building, and paving and landscaping. It is expected that demolition and construction would occur over a period of approximately 18 months. The introduction of temporary construction-related noise would be expected during portions of the 18-month total construction period, although periods of interior fit- out activities where little exterior noise would be generated may occur throughout that time. In accordance with the Village’s Noise Ordinance exemptions, these activities would be scheduled to avoid noise-sensitive time periods, and associated noise would cease upon project completion. The building’s mechanical equipment, such as heating, ventilation and air conditioning systems, will be designed to minimize the generation of operation-phase noise to the maximum extent practicable, and will be subject to detailed building permit review by the Village.

Construction activities would have the potential to cause vibration of varying intensities that will transmit through the ground, decreasing in intensity as one moves away from the activity. Construction equipment such as jackhammers, cranes, trucks, bulldozers, vibratory rollers and pile drivers would have the potential to generate temporary vibration during portions of the overall 18-month construction period. As part of the proposed action, pile driving will occur in order to install foundation piles for the proposed mixed-use building. It is expected that the foundation pile installation process would be completed over an approximate three- to-four week period (weather permitting) during permitted, non-sensitive times (i.e., 7:00 a.m. to 6:00 p.m., Monday through Friday and 8:00 a.m. to 5:00 p.m. on Saturday) in accordance with the Village Code. The proposed pile driving activities would be limited to within the area of the proposed building footprint, and the greatest potential for vibration-related impacts associated with pile driving activities would occur in the immediate vicinity of the actual piles. The only immediately contiguous building to the area of proposed pile driving is the existing Barnum House building, which is owned by the Applicant.

The Applicant proposes to notify all adjoining neighbors and properties opposite the subject property along Main Street and Barnum Avenue in advance of undertaking construction activities with the potential for excess vibration (e.g., pile driving). In addition, the Applicant will offer to photo-document existing building conditions at each of these neighboring properties prior to the start of construction. Once the construction phase of the project is complete, no vibration associated with the development are expected.

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prior to and during construction to minimize or eliminate the potential for significant fugitive dust generation during the temporary construction period. Such measures are expected to include, as needed, the following: stabilization of graded and cleared areas by temporary seeding, establishment of stabilized construction entrances, wetting of access ways, stockpiles and materials, limit on-site vehicular speeds, and covering trucks carting loose material and construction debris. Exposed soils would be permanently stabilized and paved or planted as soon as practicable, and, upon completion of construction, the potential for fugitive dust would be eliminated as all surfaces on the subject property would be either paved or landscaped in comparison to the existing gravel surface in the storage boat yard.

Overall, based on the above, potential noise, dust and vibration impacts would be minimized to the maximum extent practicable.

Proposed Mitigation

Aesthetics, Visual Resources and Neighborhood Character

No significant adverse impacts upon aesthetics, visual resources or neighborhood character have been identified. Therefore, no mitigation is proposed. Notwithstanding same, the proposed building and site design incorporates several elements (detailed above) that minimize or reduce the potential impacts of the proposed action, including, but not limited to, the varied façade design, screening of parking garage elements, the addition of screen plantings.

Traffic and Parking

The traffic and parking assessment presented above indicates that the proposed action would not result in any significant traffic and parking impacts. Therefore, no mitigation is being proposed. Measures that have been incorporated into the proposed action to minimize or preclude potential impacts include:

› Participation in the Village’s PILOP program to address the shortfall of four parking stalls required under Village Code.

Parkland, Recreation and Open Space

No significant adverse impacts to community resources such as parks, open space and recreational areas have been identified by the foregoing analysis. Therefore, no mitigation is proposed.

Subsurface Conditions

The proposed action is not expected to result in any significant adverse impacts associated with subsurface conditions at the subject property. Thus, no mitigation measures are required.

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Stormwater Management

Overall, no adverse stormwater impacts are anticipated. In fact, the proposed action is expected to improve stormwater management at the subject property as compared to existing conditions. Nonetheless, measures are included in the proposed action that would minimize potential impacts as follows:

› The proposed action has been designed to exceed the requirements per the Village Code with regards to stormwater management and therefore would provide greater protection following rain events. › A SWPPP would be prepared and implemented prior to the commencement of construction to mitigate potential stormwater-related impacts during construction and operation of the proposed facility. › An erosion and sediment control plan has been prepared to be implemented to mitigate potential erosion and sediment transport impacts during construction of the proposed facility. › The proposed action does not propose steep slopes and therefore ensures potential stormwater runoff velocities, and erosion are reduced. › Stormwater would be recharged on-site and would not be permitted to run overland or contribute to flooding or siltation/sedimentation.

Flooding and Sea Level Rise

No significant adverse flooding impacts are anticipated. Nonetheless, the proposed action has integrated the following measures, which would further minimize the potential for impacts related to flooding or sea level rise:

› To reduce the likelihood of water damage from flooding, large rain events and sea-level rise, all livable space and mechanical equipment for the proposed action would be located above the first floor and on the roof.

Noise, Dust and Vibration

Although, there is the potential for adverse effects on-site and on neighboring properties during construction, these effects would be temporary and would not result in significant impacts to the surrounding community with the incorporation of the following measures into the construction phase of the project.

Noise

Construction activities may result in temporary increases of nearby sound levels to the intermittent use of heavy machinery during the construction of the proposed project. The project is expected to generate typical sound levels from construction activities, including foundation construction, truck movements heavy equipment operations and general construction activities. Best management practices would be utilized to minimize construction noise impacts.

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The following measures would be incorporated to minimize constructed-related noise:

› Construction equipment would be required to have installed and properly operating noise muffler systems. › Hours of construction would comply with Village requirements.

Vibration

Heavy machinery, such as jackhammers, cranes, trucks, bulldozers, vibratory rollers and pile drivers, would be used intermittently throughout the duration of construction and would have the potential to generate vibration. The Applicant will notify neighboring properties in advance of activities that may cause noticeable vibration (e.g., pile driving) so that precautions may be taken, and will offer to photo-document existing building conditions.

Dust

Various methods of soil stabilization and dust control would be implemented as necessary during demolition and construction activities. To minimize dust emissions, a water truck (or connection to the adjacent applicant-owned building) would be utilized to wet exposed soils and access ways. On-site vehicular speeds would be limited to 5 miles per hour, and trucks carting loose material and construction debris would be covered as practicable. Additional proposed mitigation measures include the use establishment of stabilized construction entrances, installation of temporary and permanent cover for disturbed areas and materials stockpiles. and installation of silt fencing to surround disturbed areas and stockpiles. In accordance with an approved SWPPP, all erosion and sediment control measures would be routinely inspected to ensure their integrity and effectiveness.

Alternatives and Their Impacts

No Action Alternative

According to The SEQR Handbook,2 “the ‘no action’ alternative must always be discussed in a DEIS to provide a baseline for evaluation of impacts and comparisons of other impacts. The substance of the ‘no action’ discussion should be a description of the likely circumstances at the project site if the project does not proceed.”

The no action alternative in this case assumes the subject property would continue to operate as under existing conditions (i.e., with retail, automotive and boat storage uses). The no action alternative is inconsistent with the Applicant’s right to pursue development/redevelopment of the site and does not meet the Applicant’s objectives. As such, the no action alternative is not a feasible alternative for the

2 New York State Department of Environmental Conservation. The SEQR Handbook 3rd Edition 2010. (Page 126)

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Applicant. Nevertheless, as required, the potential impacts of the no action alternative are analyzed within this DEIS.

With respect to stormwater management, there would be no change to the quantity of runoff generated. The on-site stormwater management infrastructure would continue to be limited to a single drywell, whereas the proposed action would include the installation of a comprehensive system for containing stormwater on-site in accordance with current Village requirements.

As there would be no change in the use of the subject property under the no action alternative, there would be no change in traffic or parking conditions, or in the demand or availability of parkland, recreation or open space, and no significant adverse impacts would result. However, the payments to be made to the Village under the proposed action (i.e., in lieu of parking [four stalls] and required parkland) would not be received under this alternative.

There are no known significant adverse subsurface conditions at the subject property, which would not be affected by the no action alternative. As there would be no construction activity associated with this alternative, there would also be no significant adverse noise, dust or vibration impacts. Fugitive dust may be generated at the large gravel surface lot throughout the western portion of the property as a result of vehicular activity.

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2 Description of the Proposed Action

2.1 Introduction

This DEIS is divided into nine sections, the first of which is the Executive Summary. This section, Section 2, provides a brief discussion of existing site and surrounding area conditions, and provides a description of the proposed action including the proposed site layout and building components, a brief history of the site, the project’s purpose, need and benefits, proposed construction schedule, and the required permits and approvals.

Section 3 of this DEIS provides a discussion of the environmental setting for the project, by topic. Within each sub-section the existing conditions, potential impacts

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that are likely to occur upon project implementation, and proposed mitigation measures that reduce or eliminate those impacts are discussed. Section 4 discusses the “no action” alternative to the proposed action, which is required to be discussed pursuant to SEQRA and its implementing regulations at 6 NYCRR Part 617. Sections 5 through 8 address anticipated unavoidable adverse impacts, irreversible and irretrievable commitment of resources, growth inducing aspects, and the effects on the use and conservation of energy resources, respectively. References are included in Section 9 of this DEIS.

2.2 Existing Site Conditions

The subject property is 1.14± acres in size and is located at 440 Main Street in the Incorporated Village of Port Jefferson (see Figure 1), known on the Suffolk County Tax Map as District 0206 – Section 012.00 – Block 09.00 – Lot 003.000. The property has frontage and access onto Main Street (New York State Route 25A) and Barnum Avenue, and is improved with a one- and two-story, 16,836±-square-foot (SF) building containing retail carpet sales, showroom and office space, an automotive repair shop, and associated paved and gravel-surfaced parking and outdoor boat storage areas (see Sheet AC-2, Existing & Demolition Plan in Appendix B). A small stand of mature maple trees occupies the westernmost portion of the property, along its frontage on Barnum Avenue. The majority of the subject property is flat throughout (i.e., with elevations ranging from 13±-to-17± feet above mean sea level), except that elevations increase in the westernmost portion of the subject property to over 26 feet to meet the elevation of Barnum Avenue, which rises along the site’s frontage from south (approximately 18 feet) to north (over 26 feet).

Existing site coverages at the subject property are as follows:

Table 1 Existing Site Coverage

Land Cover Type Existing Acreage Roads, Buildings and Paved Surfaces 0.68± Acre Wooded 0.05± Acre Gravel Surfaces 0.41± Acre TOTAL 1.14± Acres

2.3 Project Description

2 2 Description of the Proposed Action FIGURE 1

Subject Property

Suffolk County

Subject Property \\vhb\gis\proj\Hauppauge\26692.00 Gitto Port\\vhb\gis\proj\Hauppauge\26692.00 Jeff\Project\Site Location.mxd Proposed Mixed-Use Development i 0 375 750 1500 Feet Site Location 440 Main Street Subject Property Incorporated Village of Port Jefferson Suffolk County

Sources: NYS Ortho Imagery (2016); NYS Civil Boundaries, NYS Office of Information Technology Services GIS Program Office (GPO) Draft Environmental Impact Statement

Specifically, the proposed building would include 46 residential apartments (comprised of 44 one-bedroom units and two, two-bedroom units) as well as 2,700± SF of commercial space divided among retail/office (1,200± SF) and take-out restaurant (1,500± SF) tenant spaces fronting Main Street. A fitness room amenity (750± SF) intended for private use by the residential tenants of the proposed building would be located on the ground floor alongside the retail/office and restaurant spaces, giving the appearance of an additional Main Street storefront. Lobby and lounge spaces, as well as an indoor garage associated with the residential component would also be located on the ground floor. A private roof deck (approximately 4,594± SF in size) is proposed as an additional tenant amenity, along with a private patio and lawn/garden area along the south side of the proposed building.

Upon implementation of the proposed action, site coverages would be modified as follows:

Table 2 Existing and Proposed Site Coverage

Land Cover Type Existing Acreage Proposed Acreage Change Roads, Buildings and Paved Surfaces 0.68± Acre 0.96± Acre +0.28± Acre Wooded 0.05± Acre 0.04± Acre -0.01± Acre Gravel Surfaces 0.41± Acre 0.00± Acres -0.41± Acre Lawn/Landscaping 0.00± Acres 0.14± Acre +0.14± Acre TOTAL 1.14± Acres 1.14± Acres

Water Supply

Potable water would be supplied to the proposed building by the Suffolk County Water Authority (SCWA) via a new four-inch domestic water service connection and a new six-inch fire service connection to existing supplies within Main Street. Total domestic water use for the residential and commercial project components (including kitchen water use but excluding irrigation, which would be nominal) is estimated at 10,647± gallons per day (gpd). A required Reduced Pressure Zone (RPZ) valve will be located within the southeast corner of the proposed building, adjacent to the proposed new service connections.

Sanitary Waste Disposal

The subject property is located within Suffolk County Sewer District CSD-01 maintained under the auspices of the Suffolk County Department of Public Works, which discharges to the Port Jefferson sewage treatment plant. Sewage flow from

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the proposed residential and commercial components is estimated at 10,647± gpd. Sanitary waste generated at the proposed mixed-use building would discharge to an existing sewer main within Main Street. It is expected that a grease trap will be installed in connection with the proposed 1,500± SF take-out restaurant component of the proposed development.

Vehicular Access and Parking

With respect to parking, a total of 82 parking stalls are required for the proposed mixed-use development in accordance with the Village Zoning Code. The proposed site plan provides 78 parking stalls (as well as one loading stall), representing a shortfall of four parking stalls. The 78 proposed parking stalls include 37 stalls at ground level within a garage, beneath the proposed building, and 41 stalls to be constructed as surface stalls throughout the northern and western portions of the site. The shortfall of four parking spaces is minimal (i.e., less than five percent) and would be addressed via a payment-in-lieu-of parking (PILOP) agreement between the applicant and the Village.

Solid Waste

As provided by the project architect, the proposed action is expected to generate approximate six tons per month of solid waste, to be collected by a private carter and disposed of at a licensed facility. Secured containers for the collection of mixed trash as well as dedicated recycling containers will be provided on-site in accordance with Village requirements.

Landscaping

Extensive landscape plantings are proposed to enhance the overall aesthetic character of the site by providing visual interest as well as by providing screening of parking areas and the proposed building. A small landscaped plaza is proposed at the northeast corner of the subject property, designed to continue the theme of the existing tree and flowering shrub plantings on the adjacent property to the north. A continuous hedge of yew shrubs is proposed at the head of the row of paved parking stalls along the northern property boundary, transitioning to a hedge of holly olive along the top of the proposed retaining wall. This portion of the evergreen hedge will serve to obscure views of the parking areas from along Barnum Avenue, as well as views of the proposed building, which would primarily be obscured by the stand of existing mature deciduous trees to remain and the proposed supplemental rhododendron plantings to be installed amongst the existing trees and along Barnum Avenue.

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In addition, various plantings are also proposed within the patio and lawn/garden area to be created at the south of the proposed building (i.e., within the southern side yard).

2.4 Purpose, Need and Benefits

The purpose of the proposed action is to create a high-quality, mixed-use development on the subject property to address existing and projected demands for residential and economic development in the Village of Port Jefferson. Additionally, the proposed action would redevelop an underutilized property at a prominent Main Street location in a manner that is consistent with, and achieves relevant goals of, the Village of Port Jefferson’s 2030 Comprehensive Plan Update3 (hereinafter the “Village Comprehensive Plan” or “2030 Plan”).

Benefits expected to result from implementation of the proposed action, include, but are not necessarily limited to:

› Invigoration of a prominent, underutilized site along the Village’s Main Street in a manner that would enhance the character of the neighborhood and advance relevant goals of the Village’s Comprehensive Plan. › Economic benefits, such as: • Increase in property tax and sales tax generation4 • Increase in employment opportunities • Introduction of 46 new households to the Village along with the associated purchasing power, which could support local businesses. › Improvement of drainage conditions on the subject site, whereby the stormwater storage capacity of the site is increased and the potential for overland flow onto adjacent properties or into the Village stormwater system is minimized.

With respect to the Village Comprehensive Plan, the proposed action would benefit the Village by furthering the following goals and actions described therein:

3 2030 Comprehensive Plan Update & Draft and Final Generic Environmental Impact Statements for the Incorporated Village of Port Jefferson. November 2014. Accessible at https://portjeff.com/comprehensive-plan/, accessed January 2019. 4 Applicant intends to pursue Industrial Development Agency benefits.

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the identified need of the Village for a broader range of housing options. Moreover, as discussed in detail in Section 3.1 of this DEIS entitled, Aesthetics, Visual Resources and Neighborhood Character, the design of the proposed building is such that it would improve the aesthetic and visual conditions of the subject property in a way that is complementary to, and enhances, the distinct character of the downtown neighborhood. › Section 2.4 of the 2030 Plan discusses the residential market conditions of the Village at the time of the study, and confirms that the Village of Port Jefferson has the capacity to capture “at least 50 new housing units each year, or 250 housing units over five years, through new construction.“ This estimate is described within the 2030 Plan as being a highly conservative estimate, adding that a greater level of development “could likely be supported and should be planned for over a medium-term period.” The results presented in the 2030 Plan support the proposed action, which – at 46 proposed apartment units – represents only a portion of the level of residential growth anticipated within the Village Comprehensive Plan. This section of the 2030 Plan further describes that the anticipated future residential apartment units “… can be developed above existing retail properties or on development sites that could include ground-floor retail space.” The proposed action fully reflects this aspect of the Village Comprehensive Plan’s residential market discussion, as the proposed action contemplates the redevelopment of a primarily retail site in a manner that includes ground-floor retail space with residential apartments above. › Section 4.1 of the 2030 Plan presents various recommendations that are targeted at housing within the downtown C-1 District, within which the subject property is situated. Specifically, relevant to the proposed action, Section 4.1.1 recommends the encouragement of residential housing units over retail and describes benefits associated with same (e.g., furtherance of Smart Growth planning initiatives, contribution to the health of downtown businesses and potential reduction in crime levels). The proposed action specifically proposes the construction of a new building with ground-floor retail and residential apartments within the two floors above, particularly along the prominent Main Street frontage of the subject property. Toward that end, the 2030 Plan identifies two action items as follows: • Change C-1 and C-2 zoning codes to permit mixed (retail and residential) uses as a permitted (rather than conditional) use. • Set minimum unit sizes to limit the number of single room occupancy units. See Section 5.1.3 for a discussion of minimum unit sizes. The Village’s C-1 zoning code continues to allow residential apartments above retail as a conditional use (rather than as-of-right), but, clearly the proposed action would help the Village achieve the described benefits of this development type in this district nonetheless. With respect to minimum unit sizes, the referenced section of the 2030 Plan (i.e., Section 5.1.3) makes various recommendations to discourage single room occupancy units such as would be

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reminiscent of a boarding house. Minimum unit sizes of 500 SF are recommended for efficiency units, plus 100 SF for the first and each additional bedroom (i.e., a minimum of 600 SF for a one-bedroom unit, not including bathroom space). The 46 proposed apartment units largely consist of one- bedroom units, but their design does not resemble a boarding house, and their size would well exceed these recommended minimum sizes. Specifically, the two residential floors of the proposed building would contain the 46 units within 45,900± SF of building area, averaging about 1,000 SF of gross floor area per residential unit. › Section 4.3 of the 2030 Plan addresses the Village’s goals relevant to retail uses within the C-1 District. Of particular relevance to the proposed action are subsections 4.3.1, which encourages the restriction of first (ground) floor uses to retail only; and 4.3.2, which addresses the encouragement and retention of “Local Village-Scale Retail” With respect to first floor retail uses, all proposed retail use would be contained within the first floor of the proposed building, with traditional storefronts facing the Main Street corridor. Additionally, all residential units would be located on the second and third floors of the proposed building - - there would be no residential apartments located on the first (ground) floor. There are lobby, lounge and fitness room amenities associated with the residential component of the mixed-use building which would occupy ground floor spaces. However, these uses are concentrated away from the Main Street road frontage, with the exception of the fitness room. The fitness room is envisioned as a residential amenity and not as a membership gym as might commonly occupy a retail space. However, the fitness room has been designed to resemble a traditional retail storefront such that the overall visual effect on the Main Street character will be equivalent to that of a typical first-floor retail space.

Based on the above, it is respectfully submitted that the proposed action is consistent with the relevant goals and objectives of the Village Comprehensive Plan, and further, that the proposed action would result in benefits to the Village by advancing its stated goals.

2.5 Project History

A Site Plan/Conditional Use application was submitted to the Village Planning Board for redevelopment of the subject property with a four-story, mixed-use (commercial and residential apartment) building and associated site improvements on January 24, 2018. The project was the subject of discussions with the Village Planning Board at multiple public meetings throughout 2018, over the course of which the application was modified in various ways, including to reduce the proposed building to three stories (along with a commensurate decrease in residential unit count, building size, etc.), as well as to refine the design of the proposed building and site. Most recently, at the recommendation of the Planning Board, the building has been redesigned to incorporate a flat roof appearance and to incorporate a façade that

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resembles three contiguous buildings of compatible style, rather than a single continuous façade with multiple faux roof gables similar to the style of the adjoining Barnum House building to the south of the subject site.

2.6 SEQRA Process and Reasons Supporting Positive Declaration

A Part 1 – Environmental Assessment Form (EAF) was submitted by the applicant to the Village Planning Board to accompany the Site Plan and Conditional Use application. A revised Part 1 – EAF dated October 25, 2018 was submitted, reflecting the latest version of the project plans. A coordinated review was initiated by the Planning Board pursuant to 6 NYCRR §617.6(b)(3), and, at its meeting of December 4, 2018, the Planning Board affirmed its designation as lead agency for the SEQRA review of the proposed action and adopted a Positive Declaration requiring the preparation of a DEIS in accordance with 6 NYCRR §617.7. Within its Positive Declaration, the Village Planning Board identified the following potential significant adverse environmental impacts:

› Traffic; › Visual impact and neighborhood character; › Parklands, recreation and open space; › On-site soil conditions; › Site drainage; › Flooding and sea level rise; › Noise, dust and vibration; › Energy efficiency; and › Cumulative impacts.

The Village Planning Board elected not to conduct a formal scoping process for the DEIS, which, at the time of the issuance of the Positive Declaration, was an option pursuant to 6 NYCRR §617.8.5

2.7 Construction Schedule

5 Pursuant to 6 NYCRR §617.8 and §617.19, scoping is a required element of the Environmental Impact Statement process for actions for which a determination of significance is made on or after January 1, 2019.

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the proposed building are expected to occur during permitted hours over an approximate three-to-four week period (weather permitting).

2.8 Required Permits and Approvals

The proposed action is expected to require the following permits and approvals:

Table 3 Required Permits and Approvals

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3 Existing Environmental Conditions, Anticipated Impacts, and Proposed Mitigation

3.1 Aesthetics, Visual Resources and Neighborhood Character

3.1.1 Existing Conditions

Subject Property

Located at one of the major gateways to Port Jefferson, the subject property is among the first encountered as one enters downtown Port Jefferson from the south. The subject property is most visually prominent from along Main Street, beginning from near the intersection with Barnum Avenue to the south, to a point south of the intersection with Maple Place (north of the subject property). The site is also visible from along a short segment of Barnum Avenue, from its intersection with Main Street to a point slightly north of the site’s frontage, where visibility quickly diminishes due to intervening vegetation, off-site buildings, and changes in topography.

Views of the subject property from along Main Street include a one-story, flat- roofed building and a contiguous two-story building with a gabled roof, a paved

11 3 Existing Environmental Conditions, Anticipated Impacts, and Proposed Mitigation Draft Environmental Impact Statement

parking lot at the northeastern portion of the property, and sidewalks and on-street parking areas along the site’s frontage (see Photograph Nos. 1 and 2 in Appendix C).

The main façade of the existing buildings is oriented towards Main Street. Full-size glass pane windows with bricks underneath and dark green trim around the windows characterize the storefront façade at the first level (see Photograph No. 2 in Appendix C). The façade of the second-story above Island Water Sports has beige siding and a gabled roof. Above Cappy’s Carpets is a beige wood screen that reduces the visibility of the HVAC equipment situated on the roof for the property. A flat dark green wooden overhang separates the two stories of the building and spans the entire length of the Main Street frontage and wraps around the northern side of the building. Utilities such as overhead wiring, street signage, and lamp posts are also visible along the Main Street site frontage.

At the northern portion of the paved parking lot is a landscaped buffer consisting of low shrubs that provides screening of the parking lot. Access to the paved parking lot is provided via a driveway from Main Street north of the existing building. The paved parking lot extends to the rear of the existing building and transitions to a gravel parking lot. The vegetated buffer along the paved parking lot continues toward the western portion of the subject property where it transitions to a stand of mature maple trees in the vicinity of Barnum Avenue. This vegetation obscures views of the site from most areas along Barnum Avenue during leaf-on conditions (i.e., in spring, summer and early fall – see Photograph No. 6 in Appendix C) and continues to obscure views of the site from Barnum Avenue during leaf-off (winter) conditions. From along Barnum Avenue, the existing buildings (including the repair shop buildings) are visible. Views of the area immediately west of the existing buildings are dominated by the gravel parking lot and a significant number of boats, vehicles and miscellaneous materials stored in this portion of the site (see Photograph Nos. 3, 4 and 5 in Appendix C). Storage areas are visible throughout the northern and western portions of the property along with a driving aisle for access connecting the paved parking lot at the east end of the property to the site driveway along Barnum Avenue.

The subject property has the character of the Village’s downtown business district, and is located near its southernmost point. The character of the neighborhood rapidly transitions toward that of a single-family residential area to the east of Main Street, to the west of Barnum Avenue, and to the south, while the downtown business district character continues and expands as one travels north from the subject property. Visibility of the subject property diminishes almost immediately into the residential neighborhood to the east (i.e., along Jones and Tuthill Streets), as well as to the north on Barnum Avenue and into the residential areas further west.

The existing aesthetic, visual and neighborhood character conditions are described below for neighborhood surrounding the subject property.

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Village Downtown

The aesthetic character of downtown Port Jefferson is well-established as a traditional historic maritime village with an active port. Downtown is condensed and highly developed. Prevailing architecture reflects the development of the village in the 19th and 20th Centuries. The historic and architectural significance of Port Jefferson’s downtown is recognized by both the State and National Registers of Historic Places, with several resources in the downtown being listed as historic landmarks and districts.

Downtown is primarily characterized by mixed-use development, with many buildings offering residential space over first floor retail. Development closer to the waterfront more closely represents 19th Century development, and further west and south exhibits more 20th Century development. Color schemes of variations of beiges and browns and brick, vinyl siding, and wood shingle are typical. Building heights vary throughout downtown from one-to-three stories with both flat roofs and gabled roofs. The diverse views maintain a consistent maritime New England village character, while providing charm and visual interest that together create a vibrant downtown destination (see Photograph Nos. 15 through 18 in Appendix C).

An element contributing to the character of the Village’s downtown and waterfront is the availability of metered municipal parking lots throughout (e.g., behind existing retail and businesses along West Main Street and West Broadway, etc.). It is important to note that there are approximately 107 parking spaces located 250-to- 300 feet south of the subject property (at the confluence of Barnum Avenue and Main Street, extending south to Liberty Avenue) wherein parking is available to the public for up to four hours at no cost. Minimizing the need to drive while downtown to reach destinations enables Port Jefferson to enjoy a mixed-use downtown environment that focuses around a main street. In the case of Port Jefferson, the main points of interest are concentrated by the waterfront, Main Street, East Main Street, and East and West Broadway.

Surrounding Non-Residential Uses

Immediately north of the subject property is Plaza 414, a three-story retail and office building. The façade of the building is a continuous one-color scheme and multiple roof gables. Full-size glass pane windows with white thick trim and Roman-style columns frame the entire first floor of retail and office space. The second and third floors are generally aligned with the aesthetics of single-family homes in the downtown area with vinyl siding and single-hung windows with shutters and white trim. Parking for occupants and patrons is provided on all four sides of the building. Both Barnum House and the subject property are visible.

Continuing north of the subject property along Maple Place between Main Street and Barnum Avenue is the Port Jefferson Fire Company. The brick buildings and accessory parking are for members of the fire company only. From the paved area between the buildings on the property both Barnum House and the subject property are visible.

13 3 Existing Environmental Conditions, Anticipated Impacts, and Proposed Mitigation Draft Environmental Impact Statement

Commercial uses north of the subject property along the west side of Main Street include Theater Three (a non-profit theater company), a small grocer, restaurants, and local boutique shops. In-home business uses continue along the east side of Main Street up until South Street where uses transition to predominately mixed-use buildings downtown. Commercial and mixed uses south of the property include a gas station, in-home businesses, and single-family homes.

Surrounding Residential Uses

In general, the aesthetic character of the surrounding residential areas is that of a mature, suburban village with residential buildings indicative of 20th century design, and range from one-to-three stories in height.

The aesthetic character of residential uses in the study area is diverse as residences are single-family detached dwelling units up to two-stories in height with gabled roofs, but due to the surrounding zoning as C-1 in some locations, some of the nearby residential buildings are operated as businesses.

Notable visual characteristics of these detached residences also include windows facing to all yards, stairs with five or more risers within the front yard that lead up to a front porch and/or the front door. Residential façade materials vary but mainly include brick, wood shingles, and vinyl siding. Shutters are less common, and many windows are outlined in a trim to accent the treatments. Bay windows are also present.

Front yards are typically improved with landscaping such as grass, trees, and shrubs. Yards are enclosed in some locations by vegetated hedges and buffers. Additional privacy screening was not observed along Main Street but was more prevalent at several properties along Barnum Avenue. These screenings are typically executed in shades of white, brick wall, and iron fencing.

The visual character of Barnum House apartments abutting the subject property to the south is that of a high-end, mixed-use building. Housing of this nature is present among the downtown center and commercial districts, but is not seen in the surrounding residential areas that extend to the east, west and south. Surface parking surrounding the Barnum House is a part of the existing visual character of that mixed-use (residential and commercial) development type, which is also present elsewhere in the downtown. The color scheme and inclusion of shutters mirrors the traditional maritime character of Port Jefferson. The availability of apartment living options within the downtown is desirable to be proximate to the retail, dining, and maritime opportunities. The presence of buildings with retail space on the first floor and residential apartments above enhances the essential character of the downtown area of Port Jefferson.

14 3 Existing Environmental Conditions, Anticipated Impacts, and Proposed Mitigation Draft Environmental Impact Statement

3.1.2 Anticipated Impacts

According to the New York State Department of Environmental Conservation (NYSDEC) guidance related to evaluating visual impacts under SEQR6. ”[a]n ’aesthetic impact’ is the consequence of a visual impact on the public’s use and enjoyment of the appearance or qualities” of relevant resources. Within the context of the existing conditions described above, the following section presents an analysis of the potential visual and aesthetic impacts of the proposed action, and changes in views of the site, as well as the potential effects of the proposed action upon the established character of the Village.

A series of architectural renderings prepared by Eric Nicosia Architects illustrate the appearance of the proposed project from four vantage points around the subject property (see below and Appendix D). The viewing locations include from the eastern side of Main Street facing southwest towards the proposed action and associated Main Street entryway; from the northern portion of the subject property on Main Street facing south towards the proposed action with residential entry and parking garage entrances visible; from the western portion of the subject property from Barnum Avenue facing the secondary residential entrance of the proposed building along with parking garage entrances and outdoor parking; and from the Barnum House resident parking located south of the subject property facing north towards the screened outdoor patio amenity and residences.

Additionally, photosimulations have been prepared to provide realistic depictions of the proposed mixed-use development in the context of its existing surroundings from key vantage points – from along Main Street, facing southwest; and from along Barnum Avenue, facing east/southeast (see Appendix E).

As depicted by these architectural renderings and photosimulations, the proposed development would be constructed with a variety of building materials to create an aesthetic character that is reminiscent of the building types that typify the Village’s downtown, while also compatible with surrounding newer development and existing single-family residences. The proposed façade is designed to resemble three contiguous buildings with compatible architectural styles, in lieu of a single, continuous style along the full length of the building. This design, which was the result of various iterations and which reflects significant input from the Village Planning Board and Planning Department, would provide an attractive, welcoming visual element to the Main Street corridor at a prominent location in place of the existing views of an underutilized parcel with dated buildings, outdoor storage areas,

6 New York State Department of Environmental Conservation, DEC Program Policy: DEP – Assessing and Mitigating Visual Impacts. (Accessed December 2018), Available from: https://www.dec.ny.gov/docs/permits_ej_operations_pdf/vispolfinaldraftoct18.pdf

15 3 Existing Environmental Conditions, Anticipated Impacts, and Proposed Mitigation Draft Environmental Impact Statement

etc. Materials and colors highlighted by this building design include: white trim panels at bump outs, black metal awnings, storefront type glazing for restaurant and retail/office locations and vinyl lap siding in colonial white for the main siding (with an accent color of charcoal), and white bump out bays for residential portions (See Sheet A-3.1 – Elevations 1 in Appendix F). Advancing this façade additionally helps to encourage the transition of the subject property from commercial space to residential and better aligns with surrounding single-family residences than would a single, continuous façade type.

Stylish retail storefronts and cohesive tenant signage will identify the appearance of the ground-level commercial spaces and will complement the established downtown Village shopping environment. Including retail space on the ground floor provides visual interest and generates pedestrian activity at the street level. Restricting residences to the upper levels connect the appeal of living and shopping in the same area, a major goal of downtown development in the village in accordance with its Comprehensive Plan (see discussion at Section 2.4 on Page 6 of this DEIS).

Lattice work along parking areas underneath the building would minimize views into the structure and mask parking from public views. Along the southern portion of the subject property, in an area reserved for building residents, a screened outdoor patio and lawn/garden area would be available for use as an amenity with barbeques, seating, and a firepit. Landscaping to enclose the area and provide visual screening from surrounding properties would include a range of evergreen and deciduous trees and shrubs. Residents would also have access to a rooftop amenity that is concentrated away from Barnum Avenue and Main Street to reduce visibility and create a private area.

Proposed view of retail and residential façade along Main Street at northeastern corner of parcel.

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Proposed view from northern corner of parcel at the Main Street vehicular access. The benefits of the varied but consistent facade and the screening lattice at the parking garage are highlighted from this view.

Proposed view of the secondary (western) residential entrance and screened garage access.

17 3 Existing Environmental Conditions, Anticipated Impacts, and Proposed Mitigation Draft Environmental Impact Statement

Proposed view of the southern residential façade and outdoor amenities with privacy screening and landscaping.

Landscaping has been designed to respond to the proposed conditions of the site and to provide an attractive, private environment throughout the seasons. The proposed planting plan is included in Appendix B (see Sheet AC-7 Landscaping Plan). The retention of mature maple trees and the proposed planting of evergreen shrubs and trees within the western portion of the subject property at Barnum Avenue – closest to surrounding single-family residences – would screen views of the proposed building, and is especially considerate of the residents along Barnum Avenue north and west of the subject property.

A photosimulation was prepared to depict the proposed building from along Main Street (see Appendix E) in the context of its actual existing surroundings. The photosimulation is presented alongside an existing conditions photograph to facilitate a comparison of existing and proposed visual conditions. The existing conditions photograph includes the Cappy’s Carpets and other buildings on the subject property and associated surface parking among the curbside utilities and road signage. Surrounding existing development, including multi-story residential- style development on the east (left) side of Main Street and the Barnum House mixed-use development on the west side of Main Street beyond the subject property, are also visible. As with the renderings discussed above, the photosimulation from this view point highlights the benefits of the varied building façade, which provides the appearance of multiple buildings and storefronts rather than one continuous building. The proposed building continues the scale and general character of the existing, adjacent Barnum House building, but in a way that breaks up the perceived mass of the building and mutes the roofline by minimizing gables and providing a flat-roof appearance most sections of the parapet. Landscape treatments (low greenery, trees) near the proposed surface parking

18 3 Existing Environmental Conditions, Anticipated Impacts, and Proposed Mitigation Draft Environmental Impact Statement

visible at the right side of the photosimulation continues the theme from the adjacent property. From this vantage point, the proposed development is not out of scale as compared to the buildings on the opposite side of Main Street. It is noted that rooftop amenities, equipment and projections extending above the proposed building would not be visible from this vantage point.

An additional photosimulation was prepared to portray future views of the subject property from along Barnum Avenue, during leaf-off conditions (see Appendix E). Under existing and proposed conditions, views of the site from this portion of Barnum Avenue are obscured by mature vegetation within the buffer area to be retained. As part of the proposed action, and as depicted by the photosimulation, the existing deciduous buffer would be enhanced by evergreen (rhododendron) plantings along the site frontage as well as evergreen (holly olive) plantings along the top of the interior retaining wall alongside the parking area. Beyond the buffer (under leaf-off conditions), views of the existing site include repair shop buildings and the gravel lot containing a significant number of boats, vehicles and material storage areas. The multi-story, mixed-use Barnum House building adjacent to the subject property is visible as well. The proposed mixed-use building would be similarly visible, as depicted in the photosimulation, having a similar height, mass and general visual character as the existing, adjacent Barnum House building. The height of the proposed building does not extend to the height of the existing tree line on the horizon beyond the building, and the appearance of the building height is tempered by the change in elevation from Barnum Avenue at this location to the first-floor elevation of the proposed building, which is significantly lower (i.e., by approximately nine feet). Overall, the photosimulation from Barnum Avenue confirms that the proposed building would be obscured from views along Barnum Avenue, and would be compatible with existing views such that no significant adverse aesthetic or visual impacts are anticipated. Moreover, as compared to the existing views of the repair shop and boat storage areas, the proposed action would improve views of the property by replacing these elements with a building of quality design, resulting in views that are compatible with and that enhance the established character of the surrounding Village downtown.

It is expected that during leaf-on conditions (i.e., approximately from April/May through November), visibility of the proposed development from along Barnum Avenue would be diminished and substantially screened as seen by the photograph, below. Enhancing existing vegetated buffers along the northern portion of the subject property and creating a buffer along the southern portion would establish a sense of privacy for the proposed action and minimize views from the public.

19 3 Existing Environmental Conditions, Anticipated Impacts, and Proposed Mitigation Draft Environmental Impact Statement

View of the subject property from Barnum Avenue under leaf-on conditions.

Sheet AC-8 Site Lighting Plan in the Site Plan (see Appendix B) details the proposed lighting schedule for the proposed action. Lighting for the proposed action has been designed to meet or exceed the applicable requirements. Shielding, including landscaping, would prevent the proposed sources of light from impacting neighboring properties. Negligible spillover lighting onto adjacent commercial and residential uses would occur. Per Chapter 250-37(A) and (B) of the Village Code the lighting plan supports the following:

A) In no district shall any outdoor lighting be maintained except in such a manner as to be adequately shielded and as to be directed only at or upon the lot upon which said lighting is situated.

B) A lighting plan shall be submitted to the Village Planning Board as part of any site development plan application. The Village Planning Board may limit the type, location, intensity, height, hours of operation, etc., of all lighting devices proposed.

Recycling and trash containers would be located within a vinyl fence enclosure in the northeastern portion of the subject property, adjacent to landscaped plantings to screen or soften visibility of these facilities and avoid adverse effects on views of the site and surroundings.

The renderings, landscaping plan, and elevation drawings provided support the notion that although views of the subject property from Main Street and Barnum Avenue would be altered upon implementation, they would not be significant. The proposed action is the least impactful proposed design as it has been revised to be more visually cohesive with a flat roof compared to gabled roofing and multiple

20 3 Existing Environmental Conditions, Anticipated Impacts, and Proposed Mitigation Draft Environmental Impact Statement

dormers. To further reduce the potential for visual impacts on surrounding areas, the elevator bulkhead and rooftop mechanical equipment would be concentrated away from surrounding streets, minimizing their visibility.

3.1.3 Proposed Mitigation

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3.2 Traffic and Parking

A Traffic and Parking Assessment was completed by VHB for the proposed action. This section of the DEIS summarizes the findings of the assessment with respect to the relative potential for site-generated traffic to impact the adjacent roadways and the adequacy of the proposed off-street parking. The complete Traffic and Parking Assessment is included in Appendix G of this DEIS.

3.2.1 Existing Conditions

Existing transportation conditions include roadway geometry, traffic control devices, peak hour traffic volumes, roadway operating characteristics, and parking availability. An inventory of available information on local roadways and traffic control in the vicinity of the project site was compiled and formed the basis of the Traffic and Parking Assessment, as summarized below.

Access to the property is currently provided via two drop-curb type entrances; one on Main Street (State Route 25A) and one on Barnum Avenue. The northeastern entrance (along Main Street) leads to a small paved parking lot that services the customers of Cappy’s Carpets. Continuing west into the subject property, this parking lot joins a gravel parking lot that also has access to Barnum Avenue at the southwest corner of the property.

Barnum Avenue is a northwest/southeast local roadway under the jurisdiction of the Village of Port Jefferson. It runs in a northwesterly direction from its terminus at Main Street south of the project site. Barnum Avenue provides one lane in each direction with additional turning lanes at major intersections. Parking is not permitted on Barnum Avenue in the vicinity of the project site. The posted speed limit on Barnum Avenue is 25 miles per hour (Village Speed Limit). There is a School Speed Limit posting of 15 miles per hour due to Port Jefferson High School opposite the site on Barnum Avenue.

Main Street is an arterial roadway and provides one lane in each direction with additional turning lanes at major intersections within the vicinity of the site. The roadway falls under the jurisdiction of the New York State Department of Transportation (NYSDOT). Parking is generally permitted on this segment of Main Street where the roadway width allows, in marked parallel stalls. The posted speed limit within the vicinity of the subject property is 30 miles per hour. The weekday average daily traffic on Main Street in the vicinity of the project site, based on traffic counts in the files of VHB, was just under 18,000 vehicles per day in March of 2016. Saturday daily volume during the same week was recorded at just under 20,000, and the Sunday daily volume was recorded at approximately 15,000 vehicles per day.

Main Street at Barnum Avenue is a three-legged unsignalized intersection with STOP control on the southeast bound Barnum Avenue approach. The northbound Main Street approach consists of a separate left-turn lane and a through lane. The southbound Main Street approach consists of a combined through/right turn lane. The southeast-bound Barnum Avenue approach is striped as a single wide lane and

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is wide enough to operate as a two-lane approach. The Barnum Avenue approach to Main Street includes a wide landscaped island between the two directions.

Site Area Traffic Volumes

Intersection turning movement counts at the study intersection associated with their proposed improvement project, were obtained from the Village. These counts were collected on Saturday, July 21, 2018. These counts include the Saturday midday peak period of 11:30 a.m. to 1:30 p.m. These counts coincided with the heaviest traffic flows associated with the proposed site, as well as the highest levels of background traffic in the study area, which occurs during summer weekends. Review of historical traffic data indicates that summer Saturday traffic volumes exceed those during the typical weekday commuter peaks periods. The existing 2018 weekday midday, p.m. and Saturday midday peak hour traffic volumes are shown in Figure 3 of the Traffic and Parking Assessment (see Appendix G of this DEIS).

3.2.2 Anticipated Impacts

Off-Street Parking

The redeveloped site would provide a total of 78 parking stalls and one loading stall, including 37 within the structure reserved for apartment residents and 41 exterior stalls with 29 stalls nearest Barnum Avenue reserved for apartment residents and the remaining 12 stalls for use by employees and patron of the commercial space on the Main Street side of the proposed action.

Pursuant to Chapter 250-27D(1)(a)[1] of the Village Code, the proposed action requires 82 parking stalls. The site plan provides for a total of 78 stalls, resulting in a deficiency of four parking stalls. As such, consistent with Chapter 250-27B(1) of the Village Code, the Applicant will make a payment in lieu of parking (PILOP) in an amount to be determined by the Village Board of Trustees. It is expected that funds collected by the Village will be used to create municipal parking in and adjacent to C-1, C-2, MW-1, and MW-2 zoning districts. As the proposed action is within a C-1 zone, this could create parking in the immediate vicinity, which would offset the minimal parking deficiency (i.e., less than five percent). Overall, no significant adverse parking impacts are anticipated.

Site Circulation and Access

As provided within the Traffic and Parking Assessment, review of the proposed site plan (see Sheet AC-3, Site Alignment Plan in Appendix B), indicates the site will provide good internal circulation for passenger, delivery, and emergency vehicles. Drive aisles at grade outside of the enclosed parking area are a standard 24-feet in width or better and parking stalls are 9-feet wide and 20-feet in length. Although the aisle within the enclosed parking area are 22-feet in width, these spaces are reserved for residents only. This aisle width is not unusual in structured parking.

23 3 Existing Environmental Conditions, Anticipated Impacts, and Proposed Mitigation Draft Environmental Impact Statement

Upon implementation of the proposed action, site access would remain at Main Street and Barnum Avenue in a similar configuration as under existing conditions. Both driveways are proposed to provide full access and will be STOP controlled for exiting traffic. The landscaped area to the west of the access on Barnum Avenue would be planted according to the proposed Landscaping Plan (see Sheet AC-7 in Appendix B), which specifies low-growing species that would accommodate clear sight lines. Near the Main Street entryway, it is recommended the parking to the north on the west side of Main Street be eliminated between the entryway and the existing marked crosswalk to increase sight distance. It is also recommended the two parking stalls immediately south of this access on the west side of Main Street be eliminated to establish clear sight lines.

Consideration was given to the possibility of restricting left-turns out of the site to Barnum Avenue. Given the good sight lines and more than sufficient capacity at the Barnum Avenue access and Main Street at Barnum Avenue intersection, this restriction is not recommended. Any restriction would unnecessarily increase the traffic load at the Main Street access, as well as force residents parking in the garage at the rear of the site to navigate through the entire site parking field to proceed south on Main Street.

Project-Generated Traffic Volumes

To estimate the project-generated traffic for the proposed development, a review was undertaken of available trip generation data sources, including the reference published by the Institute of Transportation Engineers (“ITE”), Trip Generation, 10th Edition. This widely utilized reference source contains trip generation rates for residential uses, including “Multifamily Residential” (Land Use Code #220), “General Office” (Land Use Code #710) and “Fast-Food Restaurant Without Drive-Thru” (Land Use Code #933). It is noted that this type of restaurant generates peak period trips at rates higher than other restaurant types such as high turnover sit-down of fast casual restaurants.

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Table 4 summarizes the gross (unadjusted) trip generation for the project site.

25 3 Existing Environmental Conditions, Anticipated Impacts, and Proposed Mitigation Draft Environmental Impact Statement

Table 4 Site Trip Generation, Unadjusted

Component Project Component AM Peak Hour PM Peak Hour Saturday Midday Size Rate = 25.10 Rate = 28.34 Rate = 54.60 Fast-Food Restaurant Entering Exiting Entering Exiting Entering Exiting Without Drive-Through 1,500 SF 60% 40% 50% 50% 49% 51% ITE #933 23 15 21 22 40 42 Total= 38 Total= 43 Total= 82 Rate = 1.16 Rate = 1.15 Rate = 54.60 Entering Exiting Entering Exiting Entering Exiting General Office Building 1,200 SF 86% 14% 16% 84% 54% 46% ITE #710 2 0 0 2 1 0 Total= 2 Total= 2 Total= 1 Rate = 0.46 Rate = 0.56 Rate = 0.70 Multifamily Residential Entering Exiting Entering Exiting Entering Exiting Low-Rise (1 to 3 Levels) 46 units 23% 77% 63% 37% 50% 50% ITE #220 5 16 16 10 16 16 Total= 21 Total= 26 Total= 32 AM Peak Hour Trips PM Peak Hour Trips Saturday Midday Trips Entering Exiting Entering Exiting Entering Exiting Totals 30 31 37 34 57 58 61 71 115 AM & PM rates are for the Peak Hour of Adjacent Street Traffic; Saturday Rates are for the Peak Hour of the Generator.

Pass-by Trips

ITE defines pass-by trips as trips made as intermediate stops at a retail/commercial development on the way from an origin to a primary trip destination without diversion. Pass-by trips are attracted from adjacent streets that offer direct access to the generator, in this case from Main Street and Barnum Avenue. Thus, these pass- by trips do not add new traffic to the adjacent street system. Therefore, they may be reduced from the total external trips generated by the study site. In the case of restaurants of the type proposed, published data placed the pass-by rate at approximately 50-percent. As the proposed site is located in a walkable, downtown Village setting, a 50-percent reduction in gross trips is likely conservative. Table 5, below, presents the trip generation data for the components of the site with the restaurant component adjusted to account for the effect of pass-by trips.

Table 5 Site Generation, Net New Trips

As indicated in Table 5, the proposed project is estimated to generate 42 trips (18 entering & 24 exiting) during the a.m. peak hour, 50 trips (27 entering & 23 exiting) during the p.m. peak hour and 74 trips (37 entering & 37 exiting) during the Saturday midday peak hour. It should be noted that the highest trip generating

26 3 Existing Environmental Conditions, Anticipated Impacts, and Proposed Mitigation Draft Environmental Impact Statement

component is the restaurant during the Saturday midday peak, even after adjustment for pass-by. The total net trip generation anticipated from the site is 42, 50, and 74 trips during the weekday a.m., weekday p.m. and Saturday midday peak hours, respectively.

Planned Roadway Improvement

The Village of Port Jefferson is pursuing a roadway improvement project involving the Main Street intersections with Barnum Avenue and Liberty Avenue south of the project site. This roadway improvement project would install a traffic signal at Liberty Avenue. In addition, Barnum Avenue approach to Main Street would be modified to eliminate the landscaped island, narrowing the total width of the approach. While this project is intended to improve traffic and pedestrian conditions at these locations, it would not have any direct impact on the proposed action.

Level of Service Analysis

The Traffic and Parking Analysis included an assessment of potential impacts upon the intersection of Barnum Avenue and Main Street using evaluation criteria based on the 2000 and 2010 Highway Capacity Manual. Intersection capacity analyses were performed for the Existing 2018, No-Build 2020 and Build 2020 conditions, based on the above-described factors and trip generation estimates to determine whether adverse impacts on the intersection’s operation in terms of the Level of Service (LOS) for each movement (see further discussion at Section 4 of the Traffic and Parking Analysis in Appendix G).

Other Planned Developments – Cumulative Impacts

The Village of Port Jefferson Planning Department identified two projects of interest that should be reflected in this traffic study. The first, The Shipyard, was constructed and occupied at the time of the July 2018 traffic counts and is therefore accounted for. The second, Overbay, is discussed below.

Overbay – This approved development (formerly known as Waters Edge) will be constructed at the southeast corner of West Broadway and Brook Road and will consist of 52 rental apartments and 4,157 SF of office space, with access provided via West Broadway and Brook Road. A traffic impact study was prepared for this project by Nelson & Pope Engineers & Surveyors, dated June 2013 and was reviewed for relevant traffic information. The traffic study prepared for the project indicates that Overbay would generate the following peak hour trips:

› Weekday a.m. peak hour – 36 total trips (13 entering and 50 exiting) › Weekday p.m. peak hour – 52 total trips (46 entering and 6 exiting) › Saturday midday peak hour – 43 total trips (41 entering and 2 exiting)

27 3 Existing Environmental Conditions, Anticipated Impacts, and Proposed Mitigation Draft Environmental Impact Statement

The traffic anticipated from Overbay at the Main Street and Barnum Avenue intersection, as described in that study, was added to existing traffic volume as a component of the future 2020 No-Build and Build conditions.

Based on the above, any cumulative impacts of the proposed action and these two other developments would be represented in the Build 2020 conditions analysis.

The results of the LOS analyses are as follows:

Unsignalized Intersection

Table 6 LOS Summary – Unsignalized Intersection – Saturday Midday Peak Hour

Approach/ Existing 2018 No-Build 2020 Build 2020 Intersection Movement Delay LOS Delay LOS Delay LOS

EB 15.6 C 16.6 C 17.4 C

NB L 8.8 A 8.9 A 9.0 A Main Street (NY 25A) & Barnum Avenue/Jones Avenue WB 12.3 B 12.4 B 12.6 B

SB L 8.7 A 8.8 A 8.8 A

The above table shows that two stop-controlled approaches, eastbound Barnum Avenue and westbound Jones Avenue operate well with LOS B or better in the Build condition. The northbound and southbound left-turns in Barnum Avenue and Jones Avenue respectively, operate at LOS A.

Site Access

The site would be served by two access points on Main Street and Barnum Avenue. Each access would allow full movements into and out of the site, as is the case under existing condition. See access discussion later in this report. The capacity analysis was performed at the Site Access points and the results are presented in Table 4 below.

Table 7 LOS Summary – Site Access – Saturday Midday Peak Hour

Approach/ Build 2020 Intersection Movement Delay LOS

EB 15.7 C Main Street (NY 25A) & Site Access NB L 8.2 A

SB 11.7 B Barnum Avenue & Site Access EB L 7.7 A

The above table shows that the two site access points on Main Street and Barnum Avenue operated well in the Build condition with LOS C or better

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Overall, based on the above results of the capacity analysis performed at the study intersection of Main Street and Barnum Avenue/Jones Avenue and the site access points, these intersections will operate well in the Build condition.

Conclusions

Based on the results of the analyses conducted within the Traffic and Parking Assessment, the following can be concluded:

3.2.3 Proposed Mitigation

› Participation in the Village’s PILOP program to address the shortfall of four parking stalls required under Village Code.

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3.3 Parkland, Recreation and Open Space

3.3.1 Existing Conditions

There are a number of public open space and recreational areas (both passive and active) containing, among other things, ballfields, an ice skating rink, picnic areas and playgrounds located within approximately one mile of the subject property (see Figure 2). The 5.1-acre Jeanne Garant Harborfront Park located along Port Jefferson Harbor at Pass Way encompasses a large grassy picnic area which includes misting sprinklers and room for outdoor games and picnic tables; it is also home to the Port Jefferson Village Center. The Clifton H. Lee Memorial Park known as “Rocket Ship Park” is located on the corner of Roessner and Mill Creek Road and has multiple swings and climbing equipment, basketball and tennis courts, and a large picnic area. Joe Erland Field Park located on Caroline Avenue offers a softball field and soccer park for the public. Texaco Avenue Park located on Texaco Avenue adjacent to the Long Island Rail Road (LIRR) offers climbing equipment, a half basketball court and picnic areas. Further, Beach Street and Roosevelt Avenue Parks provide passive and quiet play areas within the Village.7

The nearest recreational facility to the subject property, known as the Spring Street Rec. Center, is used for indoor recreation programs including basketball, volleyball and fitness programs for the community.

The subject property is currently developed with commercial uses and does not contain any parkland, recreation or open space, nor does it represent a significant demand for such resources under existing conditions.

7The Village of Port Jefferson Parks, Beaches and Marinas. 2018. https://portjeff.com/parks-beaches-marinas/. Accessed January 2019.

30 3 Existing Environmental Conditions, Anticipated Impacts, and Proposed Mitigation FIGURE 2

(! (!

(! (! ^_

(! (! \\vhb\gis\proj\Hauppauge\26692.00 Gitto\\vhb\gis\proj\Hauppauge\26692.00 Port Jeff\Project\Park map.mxd Parkland, Recreation, and Open Space i 0 900 1800 3600 Feet Site Location (! Jeanne Garant Harborfront Park (! Beach Street Park 440 Main Street (! Rocketship Park (! Roosevelt Avenue Park Incorporated Village of Port Jefferson Suffolk County (! Joe Erland Field Park ^_ Spring Street Rec. Center (! Texaco Avenue Park Subject Property One Mile Raidus Sources: NYS Ortho Imagery (2016); NYS Civil Boundaries, NYS Office of Information Technology Services GIS Program Office (GPO) Draft Environmental Impact Statement

3.3.2 Anticipated Impacts

The proposed building would include 46 residential apartments, restaurant space and retail/office space. According to the 2013-2017 American Community Survey 5- Year Estimates, the Village of Port Jefferson has a total of 3,268 housing units and a population of 7,750.8 The introduction of the proposed project would increase the total number of housing units by 1.4± percent and the population by 1.2± percent, based on a conservative estimate of approximately two persons per renter-occupied unit (see Footnote 5). This estimate of approximately two persons per unit is conservative as the proposed units are nearly all one-bedroom, whereas the complete rental housing stock of the village likely ranges in the number of bedrooms from one up to three or more bedrooms per unit. As suggested by these housing and population data, and the information on existing parks and recreational resources provided above, the Village of Port Jefferson is a mature, established community with several and varied recreational resources available. Therefore, overall, the incremental additional demand that the proposed action may impose upon local park, recreational and open space resources of the Village is not expected to be significant.

1. In making such determination of suitability, the Board shall assess the size and suitability of lands shown on the site plan which could be possible locations for park or recreational facilities, as well as practical factors including whether there is a need for additional facilities in the immediate neighborhood.

2. Any moneys required by the Board of Trustees in lieu of land for park, playground or other recreational purposes, pursuant to the provisions of this section, shall be deposited into a trust fund to be used by the Village exclusively for park, playground or other recreational purposes, including the acquisition of property.

3. Notwithstanding the foregoing, if the land included in a site plan under review is a portion of a subdivision plat which has been reviewed and approved, the Planning Board shall credit the applicant for any land set aside or money donated in lieu thereof under such subdivision plat approval.

4. In the event of resubdivision of such plat, nothing shall preclude the additional reservation of parkland or money donated in lieu thereof.

8 United States Census Bureau, American Fact Finder, 2013-2017 American Community Survey 5-Year Estimates. Accessed January 2019. https://factfinder.census.gov/faces/nav/jsf/pages/community_facts.xhtml

32 3 Existing Environmental Conditions, Anticipated Impacts, and Proposed Mitigation Draft Environmental Impact Statement

Available areas on the project site do not exist to accommodate development as well as a park suitable for a playground or other recreational use, such that the above requirement cannot be met on-site. To address this, the applicant is proposing a payment-in-lieu of land for park, playground or other recreational purposes, in accordance with the regulations cited above. Nonetheless, the proposed action would provide a landscaped area along the south side of the property that is proposed to provide passive open space including paved patio areas, benches, a fire pit and communal barbecues for use by residents of the building, as well as additional outdoor rooftop amenity space, which would supplement the available off-site park, recreation and open space resources throughout the Village.

3.3.3 Proposed Mitigation

No significant adverse impacts to community resources such as parks, open space and recreational areas have been identified by the foregoing analysis. Therefore, no mitigation is proposed.

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3.4 Subsurface Conditions

3.4.1 Existing Conditions

Phase I Environmental Site Assessment

A Phase I Environmental Site Assessment (Phase I ESA) was prepared for the subject property by Middleton Environmental, Inc. in January 2017 to investigate and identify Recognized Environmental Conditions (RECs), Controlled Recognized Environmental Conditions (CRECs), or Historical Recognized Environmental Conditions (HRECs) in connection with the subject property, as defined in the American Society for Testing and Materials (ASTM) Practice E1527-13, through site reconnaissance, review of relevant maps and database resources, interviews with property owners, and other non-invasive measures. In addition to the environmental conditions required pursuant to the ASTM standard, the Phase I ESA also included a preliminary evaluation of other potential environmental conditions such as asbestos, lead, radon, mold and wetlands. These aspects are generally not discussed further herein, as this section specifically addresses subsurface conditions at the subject property.

The Phase I ESA identified no evidence of CRECs, or HRECs in connection with the Subject Property. However, a possible REC was identified associated with a suspected underground storage tank at the subject property. Specifically, the Phase I ESA noted a suspected underground petroleum storage tank fill port was identified at the rear of the existing building. Additionally, five 275-gallon aboveground storage containers were located at the subject property, including two located in the basement of the existing building, and two others located behind the building. These four tanks are no longer in service. In addition, one remaining aboveground storage tank is currently being used and services the existing use on the subject property.

The identification of the potential presence of an underground storage tank prompted a recommendation by Middleton Environmental, Inc. for further investigation of subsurface conditions at the subject property in the form of a Phase II Environmental Site Assessment (Phase II ESA).

Phase II Environmental Site Assessment

The Phase I ESA recommended that a ground penetrating radar survey (GPR), be conducted to properly locate the suspect tank and that soil samples be extracted from the perimeter of the tank location to determine if any contamination from past leakage has impacted the subsurface. In accordance with the recommendations for further investigation, a Phase II ESA was prepared by Castleton Environmental Inc. in February 2017. The objective of the Phase II ESA was to assess if an underground storage tank (UST) is present at the site and assess subsurface quality in relation to the suspect UST.

34 3 Existing Environmental Conditions, Anticipated Impacts, and Proposed Mitigation Draft Environmental Impact Statement

The Phase II ESA identified the stormwater drywell that exists approximately seven feet to the northwest of the aforementioned sewer cleanout. The drywell serves to collect and recharge parking lot stormwater runoff. Based on the location adjacent to several garage bays, an attempt to evaluate the drywell for evidence for impacts from past site operations were made. Groundwater was sampled immediately downgradient of the drywell to assess groundwater quality for evidence of chemical concentrations, and analyzed for Suffolk County Department of Health Services (SCDHS) volatile organic compounds (VOCs) via EPA Method 8260, SCDHS semi- volatile organic compounds (SVOCs) via EPA Method 8270, and SCDHS Metals (dissolved) via EPA Method 6010/7470. Based upon the groundwater analytical results, concentrations of a limited number of VOCs and SVOCs were reported slightly above standards. The exceedances are minor and not indicative of any significant impact to the drywell as provided by Castleton Environmental Inc. Further, the findings may be skewed due to the sediment contained in the sample, as acknowledged within the Phase II ESA. Thus, no evidence of significant groundwater impact was identified.

Based on the results of the various investigations described above, no further actions were recommended in the Phase II ESA regarding groundwater quality or other subsurface conditions (other than routine drywell maintenance).

3.4.2 Anticipated Impacts

Implementation of the proposed action would result in the demolition of an existing commercial building and construction of a three-story mixed-used building on the subject property. Disturbance of the subsurface is expected to occur in connection with the establishment of building foundations (including pile driving), minor grading, installation of the on-site stormwater management system components (drywells, leaching chambers, catch basins, etc.), and installation of utility infrastructure.

No history of storage or release of hazardous material was found at the subject property, based on the results of Phase I ESA (including a review of existing federal, state and other databases), and the Phase I and Phase II ESAs did not identify any adverse subsurface environmental conditions at the subject property. The minor exceedances of VOCs/SVOCs in groundwater near the existing stormwater drywell

35 3 Existing Environmental Conditions, Anticipated Impacts, and Proposed Mitigation Draft Environmental Impact Statement

are expected to be addressed as part of routine practices for the closure and removal of the existing drywell during construction, as necessary.

Based on the above, no significant adverse impacts associated with on-site subsurface conditions are expected to result upon implementation of the proposed action.

3.4.3 Proposed Mitigation

The proposed action is not expected to result in any significant adverse impacts associated with subsurface conditions at the subject property. Thus, no mitigation measures are required.

36 3 Existing Environmental Conditions, Anticipated Impacts, and Proposed Mitigation Draft Environmental Impact Statement

3.5 Stormwater Management

3.5.1 Existing Conditions

Stormwater runoff is generated by precipitation events and is divided into three components: surface runoff, interflow and base flow. Surface runoff is that portion of the stormwater that remains after a precipitation event and is not captured by depression storage or ponding, does not infiltrate the surface and is not evapotranspired from the earth’s surface. Interflow is that portion of stormwater that infiltrates the surface into the soil zone and moves in a horizontal direction until reaching a surface water body. Finally, the base flow is that portion which infiltrates the surface and soil profile to reach groundwater9.

New York State Department of Environmental Conservation (NYSDEC) Standards

In the NYSDEC manual, Reducing the Impacts of Stormwater Runoff From New Development, the concept of stormwater management is such that there are quantitative controls, or a system of vegetative and structural measures, which can be used “to control increased volume and rate of surface runoff caused by manmade changes to the land” to convey stormwater flows and avoid flooding, and qualitative controls, that can also be used “to control or treat pollutants carried by surface runoff” (page 5). The goal of stormwater management is to prevent substantial alteration of the “quantity and quality of stormwater run-off from any specific development… from predevelopment conditions.” (page 6)

As indicated in the New York State Stormwater Management Design Manual (NYS Stormwater Manual),10 stormwater management planning consists of a calculation of the stormwater volume for a site, incorporating any runoff reduction features or techniques in place, and use of standard stormwater management practices (SMPs) and control practices, as applicable given site-specific considerations. Acceptable SMPs for stormwater treatment can capture and treat the full stormwater volume, and meet performance standards designed in the NYS Stormwater Manual, including the removal of pollutants before stormwater reaches groundwater. Broad categories of acceptable practices include stormwater wetlands, infiltration practices (capturing and temporarily storing stormwater before allowing it to infiltrate into the soil), filtering practices (capturing, temporarily storing stormwater and passing it through a filter bed of treatment media) and open channel practices (capturing and treating stormwater within designed dry or wet cells).

According to the NYS Stormwater Manual, infiltration practices can be used as an accepted quantity control for stormwater from up to a 10-year storm, provided the

9 New York State Department of Environmental Conservation, Reducing the Impacts of Stormwater Runoff from New Development (Albany, NY: NYSDEC, 1992). 10 New York State Department of Environmental Conservation (originally prepared by Center for Watershed Protection), New York State Stormwater Management Design Manual (Albany, NY: NYSDEC, 2015). http://www.dec.ny.gov/chemical/29072.html.

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infiltration rate is greater than five inches per hour. Accordingly, stormwater that does not infiltrate or evapotranspire is permitted to pond at the site or run overland onto adjacent properties and roadways.

New York State Pollutant Discharge Elimination System (SPDES) Program and Village of Port Jefferson Code, Chapter 213 – Stormwater Management

The USEPA Phase I Rule was issued in 1990, and regulates stormwater discharges associated with industrial activities. As defined at 40 CFR 122.26(b)(14), industrial activities include construction activities (e.g., clearing, grading, excavation activities) that result in the disturbance of five acres or more of land area. The Phase I Rule requires such activities to obtain National Pollutant Discharge Elimination System (NPDES) permit coverage for stormwater discharges (or coverage under an NPDES- approved State permit). The USEPA Phase II stormwater rule was implemented to regulate (among other things) construction activities disturbing less than five acres, but greater than one acre of land. NYSDEC administers New York’s NPDES-approved SPDES program, which includes a General Permit for Stormwater Discharges from Construction Activity (GP-0-15-002 - current version). This General Permit applies to the following construction activities when stormwater runoff may discharge to Waters of New York State (including Waters of the United States):

› Construction activities involving soil disturbances of one or more acres; including disturbances of less than one acre that are part of a larger common plan of development or sale that will ultimately disturb one or more acres of land. › Construction activities involving soil disturbances of less than one acre where the Department has determined that a SPDES permit is required for stormwater discharges based on the potential for contribution to a violation of a water quality standard or for significant contribution of pollutants to surface waters of the State.

Projects covered under the SPDES GP-0-15-002 are required to develop and implement a Storm Water Pollution Prevention Plan (SWPPP) that meets criteria set forth by NYSDEC. All SWPPPs must include practices consistent with the New York Standards and Specifications for Erosion and Sediment Control (2016 Blue Book)11. Many construction sites must also comply with the NYS Stormwater Manual to address post-construction stormwater discharges.

In addition, the USEPA Phase II rule requires permits be obtained for stormwater discharges from Municipal Separate Storm Sewer Systems (MS4s) in New York State- designated urbanized areas. The Village of Port Jefferson is a designated urbanized area with a regulated MS4.12 The SPDES General Permit for Stormwater Discharge from MS4s (GP-0-15-003) requires that permittees meet a variety of requirements that are generally designed to encourage municipalities and/or public agencies to

11 New York State Department of Environmental Conservation, New York State Standards and Specifications for Erosion and Sediment Control, July 2016; available from http://www.dec.ny.gov/chemical/29066.html. 12 New York State Department of Environmental Conservation, Designation Criteria for Identifying Regulated Municipal Separate Storm Sewer Systems (MS4s), Revised May 2010; available from http://www.dec.ny.gov/docs/water_pdf/ms4gpdescrit.pdf.

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actively seek to reduce the number of contaminants that reach waters of the State through stormwater runoff, including:

› To inventory and analyze stormwater runoff generated within the MS4 jurisdiction › To engage in public education and outreach efforts that disseminate information on the sources of stormwater runoff, potential causes of contamination of stormwater runoff, and the impacts of same on surface water quality; and › To implement and enforce stormwater management regulations for land development activities within the MS4 jurisdiction that are at least as stringent as SPDES General Permit requirements.13

In accordance with the above-referenced requirements for MS4s, Chapter 213 of the Village Code addresses Stormwater Management. Chapter 213-2 of the Village Code sets forth the overall purpose of Chapter 213 of the Village Code, which is to “establish minimum stormwater management requirements and controls to protect and safeguard the general health, safety, and welfare of the public residing within this jurisdiction and to conform to address the findings of fact in §213-1 hereof.” The objectives of the chapter are as follows:

(a) Meet the requirements of minimum 4 and 5 of the SPDES general permit for stormwater discharges from municipal separate stormwater sewer systems (MS4s), Permit No. GP-02-02 or as amended or revised;

(b) Require land development activities to conform to substantive requirements of the NYS Department of Environmental Conservation State Pollutant Discharge Elimination System (SPDES) General Permit for Construction Activities, GP-02-01, or as amended or revised;

(c) Minimize increases in stormwater runoff from land development activities in order to reduce flooding, siltation, increases in stream temperature, and stream bank erosion and maintain the integrity of stream channels;

(d) Minimize increase in pollution caused by stormwater runoff from land development activities which would otherwise degrade local water quality;

(e) Minimize the total annual volume of stormwater runoff which flows from any specific site during and following development to the maximum extent practicable; and

(f) Reduce stormwater runoff rates and volumes, soil erosion and nonpoint source pollution, wherever possible, through stormwater management practices and to ensure that these management practices are properly maintained and eliminate threats to public safety.

13 New York State Department of Environmental Conservation, New York State Department of Environmental Conservation SPDES General Permit for Stormwater Discharges from Municipal Separate Storm Sewer Systems (MS4s), effective May 1, 2015; available from http://www.dec.ny.gov/docs/water_pdf/ms4permit.pdf.

39 3 Existing Environmental Conditions, Anticipated Impacts, and Proposed Mitigation Draft Environmental Impact Statement

Land development activities are subject to the review and approval of a SWPPP that must be prepared in accordance with Chapter 213-7 of the Village Code. See Section 3.5.2 of this DEIS, below, for a discussion of the proposed project’s effect on on-site stormwater conditions and consistency with the Village’s stormwater requirements.

Existing Drainage Characteristics

As indicated by the soil boring data presented within the Site Plan (see Sheet AC-2, Existing and Demolition Plan in Appendix B), groundwater was encountered at approximately six-feet below grade surface (bgs). There is one existing drywell on the subject property located north of the existing building within the paved parking lot. Two existing stormwater drains at the Main Street and Barnum Avenue access points collect stormwater runoff that may exit the subject property in those areas. Relevant stormwater management requirements are presented below, and the proposed project’s consistency with same is analyzed in Section 3.5.2 of this DEIS.

3.5.2 Anticipated Impacts

Stormwater Runoff

The proposed action would be implemented at the location of an existing building, which is proposed to be razed, and within other existing developed portions of the subject property. The surrounding area is extensively developed with mixed-use buildings, single and multi-family residences, and impervious surfaces under existing conditions.

As illustrated by the proposed Site Plan (see Sheet AC-4 Grading and Drainage Plan in Appendix B), the proposed action includes the installation of 145± shallow leaching chambers and four ponding areas among five planned drainage areas. This system has been designed to accommodate the volume of stormwater runoff generated during a minimum five-inch storm event (based on engineering design limitations, discussed below). The total storage volume provided is based on runoff coefficients of 1.0 for pitched roof, 1.0 for impervious surface (asphalt/concrete/pavers), and 0.15 for pervious surface (landscape, mulch, sod areas). The total storage volume in the project drainage areas under the proposed action is calculated to be 22,766.5± cubic feet (cf)., as further described by Table 8 below and the complete calculations contained on the proposed Site Plan (see Sheet AC-4 Grading and Drainage Plan in Appendix B).

40 3 Existing Environmental Conditions, Anticipated Impacts, and Proposed Mitigation Draft Environmental Impact Statement

Table 8 Required and Provided by Drainage Area

Drainage Area and Required (cf) Ponding Based on 5-inch Rainfall Provided (cf) A 728.88 runoff 841.00 storage 897.67 ponding 1,128.50 ponding AR 591.25 runoff 629.00 storage 402.05 runoff B 1,902.05 runoff 1,929.00 storage 1,293.39 ponding 1,724.00 ponding C 2,521.65 runoff 2,622.00 storage 1,709.58 ponding 2,555.00 ponding D 5,160.85 runoff 5,521.00 storage 3,509.36 ponding 5,817.00 ponding Total 18,716.73 22,766.50

As demonstrated above, the proposed stormwater management system has been designed to accommodate runoff from the five-inch storm event (i.e., three inches in storage and leaching structures and an additional two inches in ponding), which represents a significant improvement over existing conditions where only a single drywell is present. In fact, the proposed system would provide storage for an additional 4,049.77± cf of stormwater runoff and ponding, exceeding the minimum five-inch design criteria. Overall, as the proposed development would exceed minimum stormwater management requirements of the Village, no significant adverse stormwater impacts are anticipated. In fact, an overall benefit is expected due to improved stormwater management.

New York State Pollutant Discharge Elimination System (SPDES) Program and Village of Port Jefferson Code, Chapter 213 – Stormwater Management

As the proposed project involves soil disturbance of one or more acres, coverage under the SPDES GP-0-15-002 (or subsequent version) would be obtained.

Specifically, a SWPPP would be developed at the time the site plan is finalized, in accordance with the requirements of the GP-0-15-002 and Chapter 213-7 of the Village Code, as indicated below. The SWPPP is a construction management document that includes a detailed erosion and sediment control plan to manage stormwater generated on-site during construction activities, along with an analysis of the post-construction stormwater management system for compliance with the GP-0-15-002 and requirements set forth in Chapter 213-7 of the Village Code, and description of construction inspections and long-term drainage maintenance requirements.

41 3 Existing Environmental Conditions, Anticipated Impacts, and Proposed Mitigation Draft Environmental Impact Statement

All erosion and sedimentation control measures, set forth in the Erosion and Sediment Control Plan, included on Sheet ESCP-1 of the Site Plan (Appendix B), would be installed and maintained in accordance with the SWPPP and/or as otherwise indicated within the 2016 Blue Book, which provides standards, specifications and criteria on minimizing erosion and sediment impacts from construction activity involving soil disturbance. In addition, the NYS Stormwater Manual, which provides standards and specifications for selection and design of stormwater management practices to comply with State stormwater management performance standards would also be used in preparing the SWPPP.

The SWPPP would be reviewed by the Village for conformance with GP-0-15-002 and Chapter 213-7 of the Village Code. The MS4 SWPPP Acceptance Form (certifying the Village’s acceptance of the SWPPP) must be filed with the Notice of Intent submission to NYSDEC to obtain permit coverage. Coverage under the GP-0-15-002 must be obtained prior to the start of construction activities on the property.

Once coverage under the GP-0-15-002 is obtained and construction begins, the site operator is responsible for compliance with the SWPPP, including ensuring that all erosion and sediment control practices identified in the SWPPP are maintained in effective operating condition at all times. Pursuant to GP-0-15-002 and the requirements outlined in Chapter 213-9A(2), inspections of construction activity and erosion controls/stormwater management practices are required to be conducted by a qualified inspector at a minimum frequency of once every seven calendar days and within 24 hours of any storm event producing 0.5 inch of precipitation or more. The site operator is obligated to maintain the record of all inspection reports on the site and address necessary corrective actions identified by the qualified inspector.

Implementation of erosion and sedimentation control measures, as described in the two manuals noted above, and as shown on the Erosion & Sediment Control Plan (see Erosion and Sediment Control Plan, included on Sheet ESCP-1 of the Site Plan Appendix B), as well as the use of best management practices (BMPs), as also discussed in these publications, would assist in ensuring that the proposed development would minimize impact to groundwater and surface water resources. Per the Erosion and Sediment Control Plan, two stabilized construction entrances would be established at the access points on Barnum Avenue and Main Street. Drainage inlet protection measures would be used for the existing drainage structures near the site entrances and silt fencing would be around the perimeter of the subject property to contain sediment on site.

Pursuant to the requirements of GP-0-15-002 and Chapter 213-7 of the Village Code, routine maintenance of post-construction stormwater management practices is required to ensure continuous and effective operation of each practice. The SWPPP must include a maintenance schedule for the various stormwater management practices. Additionally, prior to final plan approval, pursuant to Chapter 213-7(B)(l) of the Village Code, and prior to filing for termination of coverage under the GP-0-15-002, an Operation and Maintenance Plan outlining the long-term maintenance requirements for on-site stormwater management practices

42 3 Existing Environmental Conditions, Anticipated Impacts, and Proposed Mitigation Draft Environmental Impact Statement

must be prepared, and the owner or operator must modify their deed of record to include a deed covenant that requires operation and maintenance of these practices in agreement with the Operation and Maintenance Plan, pursuant to Part V.A.5 of the GP-0-15-002.

Overall, the proposed action’s stormwater management system would be required to comply with the objectives presented in Chapter 213 of the Village Code. A consistency analysis of the proposed action with these objectives follows:

As indicated above, coverage under GP-0-15-002 would be obtained, as a SWPPP containing detailed construction site and post-construction site runoff control measures would be prepared for review and approval by the Village, in accordance with minimum control measures 4 and 5 of GP- 0-15-003.

Development of the proposed project would conform to the requirements GP-0-15-002. As discussed in more detail above in this section, a SWPPP would be prepared, to include a detailed phasing plan, erosion and sediment control measures, post-construction control measures, and provisions for inspections and long-term operation and maintenance of the stormwater management system. The SWPPP would be submitted to the Village for its review and acceptance, and a Notice of Intent would be filed with NYSDEC.

Implementation of the previously discussed erosion and sediment control measures during construction, and installation of a comprehensive stormwater management system that would capture and recharge stormwater runoff would ensure that stormwater would continue to be recharged on-site and would not be permitted to run overland or contribute to flooding or siltation/sedimentation. The subject property is not located in proximity to any streams.

(d) Minimize increase in pollution caused by stormwater runoff from land development activities which would otherwise degrade local water quality;

As stated above, erosion and sediment control measures would be implemented during construction, and a comprehensive stormwater

43 3 Existing Environmental Conditions, Anticipated Impacts, and Proposed Mitigation Draft Environmental Impact Statement

management system would be installed that would capture and recharge stormwater runoff on-site, thereby controlling the off-site flow of stormwater to the degree practicable and mitigating the risk of contamination before discharge to groundwater and surface waters.

(e) Minimize the total annual volume of stormwater runoff which flows from any specific site during and following development to the maximum extent practicable;

As noted above, the proper design and implementation of erosion and sediment control measures, including a SWPP, would minimize the off- site flow of stormwater and associated sediment to the degree practicable. The proposed stormwater management system exceeds the requirements set forth in the Village Code and therefore is protective of stormwater resources.

As noted above, the proposed stormwater management system would ensure that stormwater runoff would be captured and recharged on-site, to the maximum degree practicable, through the implementation of a comprehensive stormwater management system, which would control overland runoff. Furthermore, in accordance with the requisite SWPPP, and pursuant to the requirements of GP-0-15-002, provisions to ensure the long-term operation and maintenance of the stormwater management system would be assured.

The above demonstrates that the proposed project would comply with Chapter 213 of the Village Code for stormwater management. As also indicated above, the proposed project would provide stormwater runoff controls, subject to Village approval, during the construction phase; and would continue to employ an integrated stormwater management system in the development phase that would collect and recharge stormwater runoff on-site. This stormwater management system would minimize the amount of pollutants entering the soil and groundwater from runoff generated on the site, and stormwater facilities would be required to undergo routine cleaning and maintenance in order to minimize potential impacts to the public.

Overall, no significant adverse impacts are expected to result from the proposed action related to stormwater runoff, either during construction or during the operational phase of the proposed action. In fact, an overall benefit is expected, as the proposed infrastructure would improve stormwater management as compared to existing conditions.

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3.5.3 Proposed Mitigation

3.6 Flooding and Sea Level Rise

3.6.1 Existing Conditions

Special Flood Hazard Areas and Floodplains

A review of the Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map (FIRM) Panel No. 36103C0379H (effective September 25, 2009) indicates that the subject project is located outside of any mapped Special Flood Hazard Area (SFHA); the subject property is not located within the 100-year or 500-year flood plain (see Figure 3). The closest mapped SFHA (Zone AE - Base Flood Elevation [BFE] 8± feet agl) is located approximately 910± feet north of the subject property. Accordingly, the subject property is not considered prone to flooding impacts. There is greater than a four-foot grade change between the base flood elevation assigned to the nearest mapped SFHA (i.e., 8 feet) and the lowest surface elevation at the subject property (i.e., 12.7± feet), further highlighting that the subject property is unlikely to experience flooding inundation.

The Village of Port Jefferson protects property and residents against flood impacts, in part, through the enforcement of Village Code Chapter 145 – Flood Damage Prevention. These provisions are designed to promote public health, safety, and

45 3 Existing Environmental Conditions, Anticipated Impacts, and Proposed Mitigation FIGURE 3

FEMA Flood Insurance Rate Map Excerpt i 0 500 1000 2000 Feet Site Location 440 Main Street Subject Property Incorporated Village of Port Jefferson Suffolk County Flood Zones Zone VE (1 Percent Annual Chance Flood Hazard Area, Includes Base Flood Elevation and Wave Action) Zone AE (1 Percent Annual Chance Flood Hazard Area, Includes Base Flood Elevation) Zone X (0.2 Percent Annual Chance Flood Hazard Area)

Sources: NYS Ortho Imagery (2016); FEMA Flood Insurance Rate Map, Panel No. 36103C0379H Draft Environmental Impact Statement

general welfare, and minimize public and private losses due to flood conditions. Chapter 145 sets forth criteria for development within the SFHA. As the subject property is outside of the SFHA (as discussed above), development of same would not be subject to compliance with Chapter 145.

Recent Flood Events

On September 25, 2018, a narrow and slow-moving band of torrential rain caused widespread flash flooding in Port Jefferson14. The National Weather Service (NWS) issued flash flood warnings that evening warning that excessive runoff from the heavy rainfall would cause damaging flooding of streets, drainage areas, low-lying spots, etc.15. At its peak, rainfall measured approximately three-to-five inches within a two-hour timeframe across Northern Suffolk County, in which the subject property is located. Rainfall of this nature overwhelmed the existing stormwater management infrastructure and resulted in flooding. Main Street, a major artery to Port Jefferson, was closed due to flooding from West Broadway, located north of the subject property, to Sheep Pasture Road, located south of the subject property. This closure restricted the utilization of an emergency evacuation route for those trying to leave the Village. The most significant flooding in Port Jefferson occurred approximately 0.1± mile north of the subject property at the intersection of Maple Place and Main Street, where water reached three-to-four feet high. Several nearby establishments located near this intersection were actively serving patrons at this time and needed to be evacuated due to the presence of flooding conditions inside. The Port Jefferson Fire House, located on Maple Place, was flooded and equipment could not be deployed to aid in the rescue and evacuation of stranded motorists and individuals trying to leave their homes16. Neighboring municipalities volunteered to assist Port Jefferson in rescues and evacuations. The Mayor of Port Jefferson estimated at least $500,000 in damage was caused to businesses17.

As described by the subject property owner, while neighboring properties experienced water within buildings and businesses, at the subject property (i.e., within the existing Cappy’s Carpet building), only a nominal amount of water intrusion occurred and no significant water damage resulted. Specifically, the Cappy’s Carpet and the adjacent repair shop offices experienced less than an inch of water in only the easternmost portion of the existing building.

14 National Weather Service National Oceanic and Atmospheric Administration. September 25, 2018 Flash Flooding. Available Online: https://www.weather.gov/okx/FlashFlooding_092518 15 National Weather Service National Oceanic and Atmospheric Administration. Flash Flood Warning. Available Online: https://www.weather.gov/media/okx/FlashFlooding_092518/FlashFloodWarnings.pdf 16 Newsday. Port Jefferson Theater, Restaurants Evacuated Due To Flooding, Police Say. https://www.newsday.com/long- Available Online: island/suffolk/port-jefferson-flooding-water-rescues-1.21263390 17 Newsday. Port Jefferson Mayor: At Least $500,000 in Damage After Flooding. Available Online: https://www.newsday.com/long- island/suffolk/port-jefferson-flooding-1.21271309

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Community Risk and Resilience Act (CRRA) and New York State Sea-Level Rise Projections

In September 2014, New York State took a vital step in ensuring that state legislators, agencies, and coastal communities had tools available to assess the coastline’s vulnerability and exposure to sea-level rise and climate change through the Community Risk and Resilience Act (CRRA).18 The purpose of CRRA is to ensure that certain state monies, facility-siting regulations and permits include consideration of the effects of climate risk and extreme-weather events.19 This legislation provided tools that serve as key guidance for state agencies and coastal communities to address their exposure and risk to sea-level rise and climate change based on existing and projected conditions when administering state permit programs, facility-siting regulations, and funding programs. Most of the state programs affected by CRRA already included some consideration of flooding prior to its enactment. These programs generally prohibit or apply additional requirements to projects located in special flood hazard areas as indicated on FEMA FIRMs. Although the adopted sea-level rise projections discussed below do not establish new standards or criteria for issuing permits or issuing funding by NYSDEC, some NYSDEC programs now require applicants to show future physical climate risk due to sea-level rise, storm surge and flooding were considered when formulating the project. As a result, NYSDEC will consider these factors when siting facilities within areas at risk in coastal areas as part of enforcing CRRA. As the subject property is outside of the mapped floodplain, the immediate risk of flooding from Port Jefferson Harbor as a result of sea level rise is minimal.

CRRA outlines five major provisions for New York to address when considering a community’s risk to sea-level rise and exposure to storms: establishment of official sea-level projections; consideration of sea-level rise, storm surge and flooding; expansion of Smart Growth Public Infrastructure Policy Act (SGPIPA) criteria to address climate change and sea-level rise; guidance on natural resiliency measures; and creation of models of local laws concerning climate risk.

In compliance with the CRRA requirement of establishing official science-based sea- level rise projections, sea-level rise projections through the year 2100 were established for Long Island, New York City/Lower Hudson, and Mid-Hudson geographic regions of New York in 2017 (see 6 NYCRR Part 490, Projected Sea-level Rise).20 The five projections for Long Island are provided below. The sea-level rise projections discussed in Table 9 below describe expected increases in sea level above the 2000-2004 sea-level rise baseline.

18 Community Risk and Resiliency Act (CRRA) Mainstreaming Consideration of Climate Change. Available Online: https://www.dec.ny.gov/energy/102559.html 19 Community Risk and Resiliency Act (CRRA) Statute. Available Online: https://www.dos.ny.gov/opd/sser/pdf/Community%20Risk%20and%20Resiliency%20Act_Statute.pdf 20 DEC Announces New Sea-Level Rise Projections Regulation for New York. 6 February 2017. Available Online: https://www.dec.ny.gov/press/109195.html

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Table 9 New York State Sea-Level Rise Projections, 6 NYCRR Part 490

Sea Level Rise (Feet)

Low- High- Scenario Low Medium High Medium Medium

2020s 0.2 0.3 0.50 0.7 0.8 2050s 0.7 0.9 1.3 1.8 2.5 Time Interval 2080s 1.1 1.5 2.4 3.3 4.8 2100 1.3 1.8 2.8 3.9 6.0

The CRRA provides for collaboration among NYSDEC and NYSDOS to establish model laws for consideration by local municipalities regarding sea-level rise and resiliency measures. Such model laws have not been developed to date, nor has the Incorporated Village of Port Jefferson adopted specific regulations to address sea- level rise.

The subject property is not located along the waterfront and is located approximately 0.35 mile upland (south) of Port Jefferson Harbor. Areas landward of the harbor are protected by a manmade protective structure (i.e., bulkhead).

3.6.2 Anticipated Impacts

Special Flood Hazard Areas and Floodplains

As indicated above, the subject property is not located within a SFHA (e.g., the site is outside of the 100-year and 500-year floodplains), according to the FEMA FIRM. The closest mapped SFHA (Zone AE, BFE 8± feet NAVD88) is located approximately 910± feet north of the subject property, and the lowest elevation of the existing site is approximately 12.7 feet (i.e., greater than four feet above the base flood elevation). Accordingly, the subject property is not considered at risk of flooding inundation from Port Jefferson Harbor. Moreover, the requirements of Chapter 145 of the Village Code would not apply to the proposed action.

Recent Flood Events

The subject property did not sustain significant water damage following the October 2018 rain event. Moreover, it is expected that the proposed stormwater management system would improve stormwater conditions at the subject property (and potentially at adjacent properties) as a result of increased capacity for on-site

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storage and recharge of stormwater in accordance with current Village requirements.

Notwithstanding that no significant adverse impacts are anticipated, the design measures described above (i.e., location of living space and mechanical systems above grade) would minimize the potential for flash flood events to result in substantial damage to the proposed building.

CRRA and New York State Sea Level Rise Projections

Per the CRRA data presented above (see Table 9 on Page 48), in the most extreme sea level rise projection scenario, sea levels could reach approximately 6 feet above 2000 – 2004 conditions by the year 2100. However, VHB typically provides conservative estimates utilizing the medium to medium-high range sea level rise projections so as to not contribute to a situation of severe over-design. Using the medium to medium-high range projections presented in the CRRA (see Table 9 above), sea levels could be expected to increase from 2.8-to-3.9 feet for Long Island by the year 2100.

As discussed above, the nearest mapped floodplain has a BFE of approximately 8 feet NAVD88. The proposed mixed-use building would have a minimum first floor elevation of 14.4± feet within the proposed ground floor restaurant and retail spaces, increasing westward up to 16.5± feet at the secondary residential lobby. Accordingly, the finished floor elevation of the proposed building would be more than 6-to-8 feet higher than the BFE of 8 feet. Therefore, it is reasonable to expect that the proposed mixed use building would not be adversely affected under future conditions of medium to medium-high sea level rise (i.e., sea level increase of 2.8-to- 3.9 feet).

As discussed above, the design of the proposed building is such that all residential units and the major mechanical system components of the proposed building would be located above the ground floor and/or on the building rooftop, further removing these features from flooding risks, even under future sea level rise conditions.

3.6.3 Proposed Mitigation

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3.7 Noise, Dust and Vibration

3.7.1 Existing Conditions

The subject property and its existing commercial and retail uses currently do not represent a source of significant noise or vibration. The existing boat storage yard throughout the rear (western portion) of the site is entirely gravel-surfaced, and has the potential to produce fugitive dust during dry conditions each time vehicles, boats and equipment traverse the yard.

3.7.2 Anticipated Impacts

Noise

Noise generated by the proposed development will be regulated in accordance with the Village of Port Jefferson Noise Ordinance (Chapter 173). This noise ordinance implements the Village’s policy to prevent excessive and unnecessary noise and to protect and promote the public health, comfort, convenience, peace, safety, welfare and prosperity of the Village and its inhabitants. Noise level limits, restrictions on activities and other controls set forth within the ordinance that are expected to apply to proposed development, construction and operation of the proposed action are presented below. Additionally, relevant noise performance standards set forth at Article VI of the Village’s Zoning Ordinance are also discussed herein.

The Village of Port Jefferson Noise Ordinance prohibits noise pollution, sets for the the following Standards for noise emissions (see Village Code §173-4):

No person shall create or cause to be emitted any noise, which when measured on a sound-level meter from the property line of a complaining party, or in the commercial districts, from the property line of the property from which the noise is being emitted or, the location of the complaining party, or the property line of the complaining party exceeds the following standards:

A. Sunday through Thursday:

(1) From 7:00 a.m. to 7:00 p.m., airborne or amplified sound in excess of 65 dBA; and

(2) From 7:00 p.m. to 7:00 a.m., airborne or amplified sound in excess of 50 dBA.

B. Friday and Saturday:

(1) From 7:00 a.m. to 11:00 p.m., airborne or amplified sound in excess of 65 dBA; and

(2) From 11:00 p.m. to 7:00 a.m., airborne or amplified sound in excess of 50 dBA.

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Exceptions (§173-5) to the standards cited above include, but are not limited to:

› The intermittent or occasional use between 7:00 a.m. through 9:00 p.m. of homeowner's light residential outdoor equipment with mufflers or commercial service equipment, provided that such activities and such equipment and their use comply with the other provisions hereof. › Construction activities between 7:00 a.m. through 6:00 p.m. on Mondays through and including Fridays and between 8:00 a.m. and 5:00 p.m. on Saturdays, and associated use of construction devices or the noise produced thereby, provided that such activities and such equipment and their use comply with the other provisions hereof. No such use shall be permitted on Sundays unless by written permission of the Board of Trustees in any case of emergency. › Emergency construction or repair work. › Residential air-conditioning units. › Emergency generators. › The emission of sound from industrial and commercial equipment, provided that operation of such equipment is an integral part of providing product critical to the Village and surrounding region. In addition to the above, Article VI of the Zoning Ordinance entited, Miscellaneous Performance Standards, also addresses noise issues. Specifically, §250-23 notes that the uses permitted in any district are subject to performance standards. With regard to noise, §250-25 of the Village Code prohibits noise that may adversely affect the surrounding area or premises, and specific performance standards for noise (as measured at the property lines) in the form of maximum permitted sound pressure levels (see §250-26.B). The proposed project has the potential to introduce noise in two respects – noise during the construction process and noise during the operational phase.

It is expected that demolition and construction would occur over a period of approximately 18 months. The introduction of temporary construction-related noise would be expected during portions of the 18-month total construction period, although periods of interior fit-out activities where little exterior noise would be generated may occur throughout that time.

Daily construction activity scheduling would be as permitted by the Village of Port Jefferson. In accordance with the Village’s Noise Ordinance, the hours are expected to generally range from 7:00 a.m. to 6:00 p.m., Monday through Friday and 8:00 a.m. to 5:00 p.m. on Saturday.

Demolition and construction activities associated with the proposed project would be scheduled to comply with the Village Noise Ordinance and performance

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standards related to noise. The building’s mechanical equipment, such as heating, ventilation and air conditioning systems, will be designed to minimize the generation of operation-phase noise to the maximum extent practicable, and will be subject to detailed building permit review by the Village. Moreover, operation of the proposed mixed-use building would be subject to the relevant provisions of the Village’s Noise Ordinance.

Overall, based on the above, no significant adverse noise impacts are expected to result during the temporary construction period or during operation of the proposed mixed-use building.

Vibration

In addition to the introduction of noise, construction activities would have the potential to cause vibration of varying intensities that will transmit through the ground, decreasing in intensity as one moves away from the activity. Construction equipment such as jackhammers, cranes, trucks, bulldozers, vibratory rollers and pile drivers would have the potential to generate temporary vibration during construction operations. Ground-borne vibration is the oscillatory motion of the ground about an equilibrium position that can be described in terms of displacement, velocity or acceleration. Vibration is commonly described in terms of the vibration velocity between a certain frequency range that has been shown to correspond well with human sensitivity.

The vibration that is expected to be generated by the proposed development would be subject to regulation by the Village in accordance with Village Code Chapter 250. Section 250-26.C states that “no vibration shall be permitted which is detectable without instruments at the points of measurement specified in §250-25.B,” i.e., at the property lines of the subject property. Further, the Village Code §250-25 generally prohibits objectionable vibration, specifically setting forth that “no land or building in any district shall be used or occupied in a manner that would create any dangerous, injurious, noxious or otherwise objectionable fire, explosive or other hazard; noise or vibration, smoke, dust, dirt or other form of air pollution, electrical or other disturbance…”

As part of the proposed action, pile driving will occur in order to install foundation piles for the proposed mixed-use building. It is expected that the foundation pile installation process will be limited to occur only during a small portion the 18-month overall construction process, such that all pile driving would be completed over an approximate three-to-four week period (weather permitting) during permitted, non- sensitive times (i.e., 7:00 a.m. to 6:00 p.m., Monday through Friday and 8:00 a.m. to 5:00 p.m. on Saturday) in accordance with the Village Code.

The proposed pile driving activities would be limited to within the area of the proposed building footprint, and the greatest potential for vibration-related impacts associated with pile driving activities would occur in the immediate vicinity of the actual piles. Based on the limits of the proposed building footprint, the nearest existing off-site buildings to the potential pile locations include the following:

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› Barnum House at 50 Barnum Avenue (3± feet to the south) › 709 Main Street (93± feet to the southeast, across Main Street) › 705 Main Street (78± feet to the east, across Main Street) › 703 Main Street (84± feet to the east, across Main Street) › 701 Main Street (85± feet to the east, across Main Street) › 605 Main Street (123± feet to the northeast, across Main Street and Tuthill Street) › The Plaza at 414 Main Street (117± feet to the north) › 124 Barnum Avenue (132± feet to the northwest) › 111 Barnum Avenue (150± feet to the west, across Barnum Avenue)

As indicated above, the only immediately contiguous building to the area of proposed pile driving is the existing Barnum House building, which is owned by the Applicant.

Once the construction phase of the project is complete, no vibration associated with the development are expected.

Fugitive Dust

Construction activities associated with the proposed action could result in a temporary increase in air quality impacts. The primary source of potential emissions is from fugitive dust resulting from construction operations (e.g., clearing, grading). Fugitive dust consists of soil particles that become airborne when disturbed by heavy equipment operation or through wind erosion of exposed soil after groundcover (e.g., lawn, pavement) is removed.

During the course of construction, there is a potential for fugitive dust generation as a result of ground disturbances and vehicle and equipment activity occurring on exposed soils. Erosion and sedimentation control measures would be undertaken prior to and during construction to minimize or eliminate the potential for significant fugitive dust generation during the temporary construction period. Such measures are expected to include, as needed, the following: stabilization of graded and cleared areas by temporary seeding, establishment of stabilized construction entrances, wetting of access ways, stockpiles and materials, limit on-site vehicular speeds, and covering trucks carting loose material and construction debris (refer to Sheet ESCP-1, Erosion & Sediment Control Plan within Appendix B).

Exposed soils would be permanently stabilized and paved or planted as soon as practicable, and, upon completion of construction, the potential for fugitive dust

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would be eliminated as all surfaces on the subject property would be either paved or landscaped in comparison to the existing gravel surface in the storage boat yard.

Overall, based on the above, potential noise, dust and vibration impacts would be minimized to the maximum extent practicable.

3.7.3 Proposed Mitigation

Noise

The following measures would be incorporated to minimize constructed-related noise:

› Construction equipment would be required to have installed and properly operating noise muffler systems. › Hours of construction would comply with Village requirements.

Vibration

Dust

Various methods of soil stabilization and dust control would be implemented as necessary during demolition and construction activities. To minimize dust emissions, a water truck (or connection to the adjacent applicant-owned building) would be utilized to wet exposed soils and access ways. On-site vehicular speeds would be limited, and trucks carting loose material and construction debris would be covered as practicable. Additional proposed mitigation measures include the use establishment of stabilized construction entrances, installation of temporary and permanent cover for disturbed areas and materials stockpiles. and installation of silt

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fencing to surround disturbed areas and stockpiles. In accordance with an approved SWPPP, all erosion and sediment control measures would be routinely inspected to ensure their integrity and effectiveness.

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4 Alternatives and Their Impacts

This section of the DEIS presents an analysis of the SEQRA-mandated no action alternative, pursuant to 6NYCRR §617.9(b)(5)(v).

4.1 No Action

According to The SEQR Handbook,21 “the ‘no action’ alternative must always be discussed in a DEIS to provide a baseline for evaluation of impacts and comparisons of other impacts. The substance of the ‘no action’ discussion should be a description of the likely circumstances at the project site if the project does not proceed.”

21 New York State Department of Environmental Conservation. The SEQR Handbook 3rd Edition 2010. (Page 126)

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4.1.1 Aesthetics, Visual Resources, and Neighborhood Character

Under the no action alterative, conditions would remain unchanged and the existing single-story building containing retail and repair shop uses would remain. Therefore, the no action alternative would have no significant adverse impacts. However, the existing property is underutilized, and the aging buildings, outdoor storage areas, etc., do not enhance the aesthetic and visual character of the area. This alternative would not produce the same benefits to aesthetics, visual resources, and neighborhood character that would be afforded by the proposed action, which is expected to implement a high-quality design and establish a building that is compatible with and enhances the Village’s downtown business district. The no action alternative would impede upon the Applicant’s ability to realize the development potential of the suitable location for a mixed-use building, and the various benefits of the proposed action (as detailed at Section 2.4 of this DEIS) would be foregone.

4.1.2 Traffic and Parking

Under the no action alternative, traffic and parking conditions would remain the same. As the existing businesses on the subject property are currently operational, prevailing traffic and parking conditions in the vicinity of the subject property would persist. Therefore, the no action alternative would be expected to result in no significant adverse impact to transportation and parking.

4.1.3 Parkland, Recreation, and Open Space

Implementation of the no action alternative would not alter the demand placed on the existing public recreational facilities. Therefore, the no action alternative would be expected to result in no significant adverse impact to parkland, recreation, and open space. However, this alternative does not yield the same benefits to parkland, recreation, and open space as the proposed action. Under the proposed action, the Applicant would be required to pay a fee to the Village in lieu of providing park, playground, or recreational areas on the subject property. As such, the Village would not receive money to maintain existing or create new parkland, recreation, or open space resources within the established community under the no action alternative.

4.1.4 Subsurface Conditions

Implementation of the no action alternative would not require disturbance to the land. As such, the subsurface conditions would remain unchanged. Thus, there would be no adverse impact to subsurface conditions.

4.1.5 Stormwater Management

Implementation of the no action alternative would not alter the existing stormwater management conditions at the subject property. There would be no change in

58 4 Alternatives and Their Impacts Draft Environmental Impact Statement

impervious surface area nor stormwater management infrastructure. Therefore, no significant adverse impacts to stormwater management would be expected by the implementation of the no-action alternative. However, under the proposed action stormwater management conditions would be improved, as an integrated stormwater system would be installed at the subject property as part of the proposed development in accordance with the latest Village standards. As compared to existing stormwater management provisions (which are limited to a single drywell), the proposed system would provide for the storage and recharge of stormwater that would otherwise flow overland as runoff onto adjoining properties or into the Village stormwater system. Accordingly, the no-action alternative does not provide the same stormwater benefits as the proposed action.

4.1.6 Flooding and Sea Level Rise

Under the no action alternative, the subject property’s vulnerability and susceptibility to flooding and sea level rise would remain unchanged. Flooding from large rain events, like the October 2018 storm, could still occur and inundate the property. As there are no bodies of water nearby and the subject property is outside of a regulated floodplain, sea level rise is not an immediate risk to the subject property. Therefore, as with the proposed action, the no action alternative would not be expected to result in significant adverse impacts associated with flooding or sea level rise. However, under the no action alternative the mechanical equipment in both buildings would not be relocated to higher elevations away from potential flood conditions (e.g., from flash flooding, etc.), and the stormwater management system that is proposed as part of the proposed action would not be installed at the subject property. Therefore, the no action alternative does not offer the same benefits as the proposed action with regards to flood risk protection.

4.1.7 Noise, Dust, and Vibration

The no action alternative would leave the subject property as it currently exists, such that all existing sources of noise, dust, and vibration would persist, such as noise that may be associated with operation of the repair shop, or dust generation that may result from vehicular activity within the gravel parking areas throughout the rear of the site. Overall, however, the no action alternative would be expected to result in no significant adverse impact to ambient noise levels, dust, or vibration.

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5 Unavoidable Adverse Impacts

The environmental impacts associated with the proposed action and the proposed mitigation measures to minimize such impacts have been described in Chapter 3.0 of this DEIS. Those impacts that cannot be either entirely avoided or fully mitigated are described below.

5.1 Short Term Impacts

The proposed action will have several temporary construction-related impacts that cannot be completely mitigated. These impacts are associated with site preparation and development (including demolition, grading, installation of utilities and construction of the proposed building and associated parking). Specific impacts are identified below:

› Despite the use of extensive and strategically-placed erosion control devices, minor occurrences of erosion may occur; › During demolition and construction, there is the potential for minor releases of fugitive dust during dry periods; › There may be a temporary impact to roadways due to the movement of construction vehicles associated with site development activities; and › A slight increase in noise levels and vibration at the site boundaries may result from demolition and construction activities.

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It is anticipated that these impacts will be of short duration, that is, they will cease upon completion of construction activities.

5.2 Long Term Impacts

No long-term significant adverse environmental impacts associated with development of the subject property have been identified.

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6 Irreversible and Irretrievable Commitment of Resources

This chapter discusses natural and man-made resources that would be irretrievably committed during construction and/or operation of the proposed project, which would be unavailable for future use. More specifically, the irreversible or irretrievable commitment of resources refers to impacts on or losses to resources that cannot be recovered or reversed.

Irreversibly and irretrievably committed resources include land, energy, construction materials, and human effort (i.e., time and labor). Some of these resources generally are irreversible and irretrievable for the life of the project, such as land and building materials (even if they may eventually become available again). Other resources are irretrievable beyond the project’s lifespan, such as energy and human effort.

The proposed development of the subject property in accordance with the proposed action would require a commitment of natural and manmade resources, as well as time. The existing commercial and retail buildings would be demolished and the boat storage in the rear of the subject property would be relocated to accommodate the proposed mixed-use building. Therefore, while not completely irreversible, implementation of the proposed action would eliminate the existing improvements and use, commit this land long-term to the proposed mixed-use development, and preclude other development from occurring on site. As the subject property is currently developed, the proposed development would not permanently remove significant existing natural resources from the site.

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Certain additional resources related to the construction aspects of the development would be committed as a result of project implementation. These resources may include, but are not limited to concrete, asphalt, lumber, steel, glass, paint, water and topsoil. Mechanical equipment resources would be committed to assist personnel in the construction at the subject property. The operation of construction equipment would require electricity, water resources and fossil fuels. Furthermore, the construction phase of the proposed project would require the commitment of labor and fiscal resources, as well as time that would not be available for other projects.

In addition, during the operational phase of the proposed development electricity, natural gas, water resources and fossil fuels would be irretrievably committed for the lifespan of this project. It should be noted that, with respect to energy resources, building system equipment and appliances will be selected to meet or exceed the requirements of the New York State Building and Energy Code at the time of Building Permit approval.

Based on the foregoing, none of the irretrievable or irreversible commitment of resources is anticipated to result in significant adverse impacts.

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7 Growth-Inducing Impacts

Growth-inducing aspects are generally described as the long-term secondary effects of the proposed action. The proposed project would redevelop an underutilized parcel within the Village’s downtown to create a mixed-use development.

The development of 46 dwelling units within the proposed mixed-use building could increase population by approximately 1.2± percent over the current Village population (see details regarding this conservative estimate at Section 3.3 of this DEIS), and thus, this project is not considered to induce significant growth. It is important to note that there is well-established infrastructure (e.g., water and sewer, roadways, gas and electric utilities), existing educational and substantial recreational resources, retail, dining and entertainment opportunities, etc., which are all available to serve the projected population within the mature, established community surrounding the subject property. Thus, no significant new infrastructure or community services are required or expected as a result of the proposed action. The projected population is not expected to require additional services or generate substantial additional off-site commercial development. Furthermore, the proposed commercial development on the site is not expected to induce significant growth in any sector.

The proposed development would create direct short-term, and direct and indirect long-term employment opportunities. In the short-term, construction-related jobs will be created, and there will be increased patronage to construction material suppliers. In the long-term, the residential development will utilize landscaping, home maintenance, irrigation and other home-related services, and the restaurant and retail/office components represent employment opportunities. The purchasing

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power associated with the future residents of the proposed mixed-use development, and the anticipated short-term (i.e., construction phase) and long-term job generation, is expected to enhance the local economy. However, overall, the proposed project is not expected to induce significant growth within the Village.

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8 Use and Conservation of Energy

8.1 Energy Consumption and Energy Providers

PSEG Long Island currently provides electricity and National Grid provides natural gas service to the property.

Annual electricity demand for the proposed mixed-use building has been estimated by the project architect at approximately 400,000 kilowatt hours (kWH). It is expected that the proposed development would be supplied electricity via existing PSEG Long Island infrastructure and natural gas via existing National Grid infrastructure. However, consultations with these service providers will confirm continued service availability prior to implementation of the proposed action.

The mixed-use building is located within a walkable downtown setting, which would encourage future residents, employees and visitors to walk, rather than drive to surrounding features including parks, retail facilities, restaurants, etc. In addition, the Applicant is proposing to install bicycle racks at the property to foster a reduced reliance on private automobiles. The reduction in vehicle trips would assist in reducing greenhouse gas emissions, and overall energy use.

Building system equipment and appliances will be selected to meet or exceed the requirements of the New York State Building and Energy Code at the time of Building Permit approval. Additionally, the final design of the mixed-use building will be subject to the latest applicable New York State Division of Building Standards and Codes, which includes the State Energy Conservation Construction Code.

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9 References

2030 Comprehensive Plan Update & Draft and Final Generic Environmental Impact Statements for the Incorporated Village of Port Jefferson. November 2014. Available at: https://portjeff.com/comprehensive-plan. Community Risk and Resiliency Act (CRRA) Mainstreaming Consideration of Climate Change. Available at: https://www.dec.ny.gov/energy/102559.html. Community Risk and Resiliency Act (CRRA) Statute. Available at: https://www.dos.ny.gov/opd/sser/pdf/Community%20Risk%20and%20Resiliency%20Act_ Statute.pdf. Institute of Transportation Engineers, Trip Generation, 2017, Tenth Edition. National Weather Service National Oceanic and Atmospheric Administration. September 25, 2018 Flash Flooding. Available at: https://www.weather.gov/okx/FlashFlooding_092518. National Weather Service National Oceanic and Atmospheric Administration. Flash Flood Warning. Available at: https://www.weather.gov/media/okx/FlashFlooding_092518/FlashFloodWarnings.pdf. Newsday. Port Jefferson Theater, Restaurants Evacuated Due to Flooding, Police Say. Available at: https://www.newsday.com/long-island/suffolk/port-jefferson-flooding-water-rescues- 1.21263390. Newsday. Port Jefferson Mayor: At Least $500,000 in Damage After Flooding. Available at: https://www.newsday.com/long-island/suffolk/port-jefferson-flooding-1.21271309. New York State Department of Environmental Conservation, Announces New Sea-Level Rise Projections Regulation for New York. February 6, 2017. Available at: https://www.dec.ny.gov/press/109195.html.

67 9 References Draft Environmental Impact Statement

New York State Department of Environmental Conservation, Designation Criteria for Identifying Regulated Municipal Separate Storm Sewer Systems (MS4s), Revised May 2010. Available at: http://www.dec.ny.gov/docs/water_pdf/ms4gpdescrit.pdf. New York State Department of Environmental Conservation. The SEQR Handbook 3rd Edition 2010. (Page 126). New York State Department of Environmental Conservation, New York State Department of Environmental Conservation SPDES General Permit for Stormwater Discharges from Municipal Separate Storm Sewer Systems (MS4s), effective May 1, 2015. Available at: http://www.dec.ny.gov/docs/water_pdf/ms4permit.pdf. New York State Department of Environmental Conservation, New York State Standards and Specifications for Erosion and Sediment Control, July 2016. Available at: http://www.dec.ny.gov/chemical/29066.html. New York State Department of Environmental Conservation, Reducing the Impacts of Stormwater Runoff from New Development (Albany, NY: NYSDEC, 1992). New York State Department of Environmental Conservation (originally prepared by Center for Watershed Protection), New York State Stormwater Management Design Manual (Albany, NY: NYSDEC, 2015). Available at: http://www.dec.ny.gov/chemical/29072.html.

The Village of Port Jefferson. Parks, Beaches and Marinas. 2018. Available at: https://portjeff.com/parks-beaches-marinas/.

United States Census Bureau. 2013-2017 American Community Survey 5-Year Estimates.

United States Geological Survey, Long Island Depth to Water Viewer 2013. Available at: https://ny.water.usgs.gov/maps/li-dtw13/.

68 9 References