TOWN OF OYSTER BAY Inter-Departmental Memo

December 15, 2020

TO: Elizabeth L. Maccarone, Commissioner of Planning & Development

FROM: George Baptista, Jr., Deputy Commissioner of Environmental Resources

SUBJECT: Draft TEQR Report – Syosset Park Warehouse Environmental Review and Recommended Determination of Significance

LOCATION: 305 Robbins Lane, Syosset Section 15 – Block H – Lots 251 and 252 on the Land and Tax Map of Nassau County

Attached hereto is the “Draft” Town Environmental Quality Review (TEQR) Report prepared by the Department of Environmental Resources (DER) regarding the above-referenced proposed action, which has been prepared pursuant to the provisions of the New York State Environmental Quality Review Act (Article 8 of the Environmental Conservation Law, SEQR, as promulgated in the regulations contained in 6 NYCRR Part 617) and TEQR Law (Chapter 110 of the Code of the Town of Oyster Bay). The document is in draft form in case reasonably unforeseeable, significant issues arise at the hearing which would require substantial project modification and necessitate revisions to the proposed action an d subsequent TEQR Report/Recommended Determination of Significance. Preparing this document in draft form prior to the hearing is above and beyond what is required by SEQR.

Recommended Determination of Significance: NEGATIVE DECLARATION (indicating that the proposed action will not result in significant adverse environmental impacts). The TEQR Division recommends that the Planning Advisory Board of the Town of Oyster Bay accepts the above determination, based on the TEQR Division’s review of the following environmental parameters, and substantiating documentation summarize in the attached draft TEQR Report.

If the Planning Advisory Board (PAB), as lead agency concludes that the foregoing information fully addresses the relevant environmental issues, such that it is determined that the proposed action does not pose the potential for significant adverse environmental impacts, the requirements of SEQR/TEQR can be fulfilled by adopting a Negative Declaration, either as part of the approval or via a separate document. If significant amendments to the proposed action are warranted prior to accepting the negative declaration as the appropriate SEQR determination, DER will review the changes and modify the subject TEQR Report if necessary for the PAB’s review and consideration.

If the recommended determination of significance is accepted by the PAB of the Town of Oyster Bay, as lead agency, please return a signed copy of Part 3 of the NYS Full EAF to this office. DER must then prepare the required paperwork to NYSDEC for filing in the Environmental Notice Bulletin, which is required for Type I Actions for which a Negative Declaration has been accepted by the Lead Agency. Publication in the ENB of the Negative Declaration will complete the SEQR process. Please contact the Department of Environmental Resources, TEQR Division if you have any questions.

Filepath: DER Dept. Files/TEQR/Syosset Park Amazon/ TEQR Report docs/GB Cover Memo 12_15_2020draft

TOWN OF OYSTER BAY DEPARTMENT OF ENVIRONMENTAL RESOURCES TOWN ENVIRONMENTAL QUALITY REVIEW DIVISION

REVIEW OF ACTION AND RECOMMENDED DETERMINATION OF SIGNIFICANCE DRAFT “TEQR REPORT”

December 15, 2020

The Town of Oyster Bay Department of Environmental Resources (DER), Town Environmental Quality Review (TEQR) Division has reviewed the subject action pursuant to Article 8 of the New York State Environmental Conservation Law (ECL), State Environmental Quality Review Act (SEQR), and the implementing regulations thereto at 6 NYCRR, Part 617, and the Town of Oyster Bay Environmental Quality Review Law (Chapter 110 of the Code of the Town of Oyster Bay). The following report summarizes DER’s evaluation and findings regarding the proposed action in accordance with relevant laws and industry standard guidance documents, detailed environmental documents are available upon request from DER.

Applicant: Syosset Park Development, LLC, c/o Forchelli Deegan Terrana LLP

Property Owner: Syosset Park Development, LLC

Title of Project: Syosset Park Warehouse

Location of Proposed Action: 305 Robbins Lane, Syosset, Town of Oyster Bay, County of Nassau, State of New York; and further identified as Section 15 – Block H – Lots 251 and 252 on the Land and Tax Map of Nassau County.

Description of Proposed Project: The proposed action consists of development of the former Cerro Wire and Cable Company property, located on the northeast corner of the Long Island Expressway (LIE) North Service Road and Robbins Lane in the hamlet of Syosset, with a proposed warehouse/delivery station building (the “proposed action”) in accordance with the Town’s Light Industry (LI) zoning district.

The Proposed Action consists of the development of the former Cerro Wire and Cable Company (“Cerro Wire”) site, a 39±-acre vacant property located at 305 Robbins Lane, at the intersection of the Long Island Expressway North Service Road (Miller Place) and Robbins Lane, in the hamlet of Syosset.. A small triangular area included within the 39± acres located at the corner of Robbins Lane and Miller Place would not be leased to the future Tenant by the property owner, and thus would not be used in conjunction with the operation of the structure or its accessory uses. This area would be maintained by the property owner. The property to be leased for the proposed use is in excess of 100 feet from a residential zone. The subject property is located within the Town of Oyster Bay’s Light Industry (LI) zoning district.

The proposed 204,169±-square-foot (SF), one-story warehouse/delivery station building (consisting of 14,154 SF of office space and 190,015 SF of warehouse space) has been designed in accordance with the bulk and dimensional requirements of the LI zoning district. Two 64,536±-SF canopies will be constructed on the north and south sides of the warehouse to accommodate delivery van loading operations. The subject property will also be improved with parking areas, on-site utilities including public water and sewer, on- site stormwater management facilities (including subsurface infiltration systems and drainage reserve areas), and site landscaping. Public water to serve the subject property would be provided by the Jericho Water District. Sanitary disposal would be accommodated by the Nassau County municipal system and discharged at the Cedar Creek Water Pollution Control Plant.

TEQR REPORT (RECOMMENDED DETERMINATION OF SIGNIFICANCE): 305 Robbins Lane, Syosset - Syosset Park Warehouse December 15, 2020 ------A total of 1,603 parking spaces are proposed to be constructed on the subject property. Of this total, 696 are proposed for delivery van parking, while the remaining 907 (including 20 accessible spaces) will be dedicated for use by employees. The total number of spaces provided exceeds the number of required spaces (1,568 required versus 1,603 provided). Sixteen (16) loading bays are proposed to be provided on the west side of the building, adjacent to a proposed truck court (between the proposed building and the railroad tracks), which exceeds the 11 required. The Proposed Project will provide four access points to the subject property: a northern access point from Miller Place for van ingress and egress, and van driver automobile ingress and egress; a southern access point from Miller Place for office/warehouse employee parking; a western access point from Robbins Lane for trailer truck (also known as line-haul truck) ingress; and an eastern access point from Robbins Lane for both van and trailer truck egress from the site.

Site operations consist of the unloading of trailer truck shipments and loading of pre-sorted packages into vans for delivery to surrounding area residences and businesses. The site is proposed to operate 24 hours per day, 365 days per year. As described by the operator, the facility will generate various types of traffic that will enter and leave the site via prescribed routes for each vehicle type. The site layout was designed specifically to accommodate the proposed operations that will occur including the separation of differing vehicle types and flows at entry and exit points and on the site while ensuring that traffic conditions on the adjacent street system are not impacted by vehicles entering or exiting the site. The access points and the internal vehicle movements for personal vehicles, delivery vans, and trailer trucks are described in detail in the Traffic Impact Study.

The daily operations will involve the arrival of approximately 49 trailer trucks (WB-67 Tractor Trailers) on-site to unload pre-packaged retail products to the warehouse for subsequent delivery. Trailer trucks will enter the subject property from the westernmost site access point along Robbins Lane and will exit the site from the easternmost access point along Robbins Lane. Trailer trucks will back into the loading bays and products will be unloaded directly into the warehouse. Unloading will occur primarily between 6:00 p.m. and 6:00 a.m. with intermittent unloading activities throughout the remainder of the day. Approximately 264 warehouse employees will work primarily overnight to unload the trailer trucks and prepare packages to be loaded for the following day’s deliveries. Warehouse employees will enter the site from the western access point along Miller Place and park on-site. Delivery van drivers will arrive on-site in personal vehicles beginning at approximately 9:20 a.m. Dedicated managers and dispatchers will be located on-site to manage the dispatch process; drivers will be checked in at the warehouse and sent to the appropriate van. Audible alarms will not be used to locate vans; only blinking lights will be used. The proposed site plan provides 510 spaces designated for van driver employees so that there are an ample number of parking spaces for the first waves of van drivers to enter the site in the morning and park their personal vehicles prior to picking up their vans, eliminating the potential for queuing on or driving around the surrounding streets. It is noted that off-site queuing will be prohibited. Delivery van drivers will enter the site from the eastern access point along Miller Place.

Once picked up by the drivers, delivery vans will queue in the loading/staging areas in waves to await loading prior to departing the site for an approximate 10-hour delivery shift. Each driver will pull their van under one of the two canopies adjacent to the building, where a wheeled rack (cart) of pre-sorted packages will be loaded onto the van. Once complete, the driver will return the cart to the building. Drivers have access to bathrooms provided inside the building within the office/break room and restrooms are available near the loading area. Van loading takes approximately 20 minutes beneath the canopy locations giving drivers the opportunity to use the facilities and dispose of trash in an appropriate receptacle. Once loaded, each wave of vans will exit the site from either the northern access point along Miller Place or the eastern access point along Robbins Lane. In total, approximately 608 delivery vans are proposed to leave the site between approximately 10:00 a.m. and noon and will return between 6:00 p.m. and 10:00 p.m. for van drop off. All van fueling and washing will be conducted off-site. Additionally, approximately 75 flex drivers are expected to arrive on-site via Miller Place at approximately 4:00 p.m. These flex drivers will arrive in and

Page 2 of 57 TEQR REPORT (RECOMMENDED DETERMINATION OF SIGNIFICANCE): 305 Robbins Lane, Syosset - Syosset Park Warehouse December 15, 2020 ------use their personal vehicle to make any late deliveries for items that were not loaded on the delivery vans. These drivers complete their delivery route and do not return to the site.

According to the traffic study report, the proposed facility will operate seven days a week. Merchandise will be delivered to the site via large tractor trailer trucks, which are scheduled to arrive during the overnight hours. Forty‐nine tractor trailers per day are anticipated in the study report. The merchandise will then be processed by warehouse staff and transferred to smaller delivery vehicles for delivery to its final destination. The large majority of the smaller delivery vehicles will be stored on site overnight. Upon arrival, vehicles belonging to van drivers will be stored on site while deliveries are underway, and removed from the site when drivers depart after their shifts conclude. Arrivals and departures will be staged such that sufficient capacity is available in the parking, staging and loading areas. A small number of additional, privately‐owned delivery vehicles is also anticipated, primarily during the late afternoon hours. Internal connections among the parking areas are provided, although the study report indicates that specific access and egress points will be designated for trucks, vans and employee vehicles.

Type of Review: Coordinated

Lead Agency: Planning Advisory Board of the Town of Oyster Bay

SEQR Classification: Type I

Contact Person: Town of Oyster Bay Department of Environmental Resources 29 Spring Street, Oyster Bay, N.Y. 11771 George Baptista, Jr., Deputy Commissioner Telephone: (516) 677-5824 Email: [email protected]

Potential Approvals Required:

* Town Department of Public Works - Review and MS4 Acceptance of Stormwater Pollution Prevention Plan and approval to disturb more than 5 acres at one time. Submitted - 11/12/2020. ** Brownfield Cleanup Program application was submitted June 2016. SPDES Submission - 11/12/2020.

Page 3 of 57 TEQR REPORT (RECOMMENDED DETERMINATION OF SIGNIFICANCE): 305 Robbins Lane, Syosset - Syosset Park Warehouse December 15, 2020 ------Documents Reviewed • New York State (NYS) Full Environmental Assessment Form (EAF) and Attachments, originally dated July 20, 2020, last revised November 19, 2020, prepared by VHB. • Expanded Environmental Assessment, dated November 2020, prepared by VHB and consisting of the following sections: o Project Description o Subsurface Conditions o Transportation and Parking o Noise o Air Quality and also consisting of the following technical studies: o Erosion & Sediment Control Storm Water Pollution Prevention Plan, dated November 4, 2020, prepared by VHB o Traffic Impact Study, dated November 20, 2020, prepared by VHB o Evaluation of Site Sound Emissions, dated November 13, 2020, prepared by Ostergaard Acoustical Associates • Site Plan Package, prepared by VHB, last revised November 5, 2020, unless otherwise noted below, consisting of the following attached sheets o Overall Site Plan (C2.00) o Overall Grading and Drainage Plan (C3.00) o Overall Erosion and Sediment Control Plan (C5.00) o Overall Planting Plan – Trees and Screening (L1.00) o Shrub and Groundcover Planting Plan (L1.01) o Shrub and Groundcover Planting Plan (L1.02) o Shrub and Groundcover Planting Plan (L1.03) o Shrub and Groundcover Planting Plan (L1.04) o Shrub and Groundcover Planting Plan (L1.05) o Site Photometric Plan (ES2.01) (dated September 15, 2020), prepared by Progressive Architecture Engineering, PC

DER has also reviewed all Brownfield Cleanup Program (BCP) documents prepared for the site, and while not specific to the proposed application has also previously reviewed the Draft Environmental Impact Statement for Syosset Park Development, and all comments provided to the Town on the DEIS for that project. While some issues were rendered moot due to the scope of land disturbance/and change in proposed use, historical data and comments on the prior proposal provided useful information in DER requisite “hard look” of the project as currently proposed. Knowledge and understanding of concerns from the community were seriously considered in the review of the proposed action to ensure that any potential adverse environmental impacts were pre-emptively addressed in the design of the project and revisions to the Expanded EA to arrive at the summary and conclusions provided herein. Additionally, a series of comment and response letters, numerous phone calls/conferences, meetings, and review of updated information as requested by the Department of Environmental Resources was provided and evaluated in order to perform the requisite comprehensive environmental analysis of the proposed action.

Recommended Determination of Significance: NEGATIVE DECLARATION (indicating that the proposed action will not result in significant adverse environmental impacts). The TEQR Division recommends that the Planning Advisory Board (PAB) of the Town of Oyster Bay accepts the above determination, based on the TEQR Division’s review of the following environmental parameters relative to the subject application and additional information provided to the satisfaction of DER in arriving at the aforementioned recommendation.

Page 4 of 57 TEQR REPORT (RECOMMENDED DETERMINATION OF SIGNIFICANCE): 305 Robbins Lane, Syosset - Syosset Park Warehouse December 15, 2020 ------Zoning, Land Use, and Community Character The 39±-acre subject property (of which 38.991± acres will be leased to a future Tenant) is located in the Town of Oyster Bay Light Industrial (LI) zoning district. The site is currently vacant except for an office/construction trailer used by security personnel that is situated on an approximately one-half-acre paved area proximate to the intersection of Robbins Lane and the Long Island Rail Road (LIRR) tracks. The subject property is sparsely vegetated with scrub vegetation located throughout the site. Scattered trees can be found within the vegetated buffers that line the perimeter of the subject property. Surface topography is generally flat, although there are depressions on the southern and eastern portions of the subject property that are remnants of recharge basins associated with the former use of the Site. An informal, unpaved truck road is located along the boundary of the Site, which has been used at times for property maintenance and inspection purposes.

As previously noted, the proposed project consists of the development of a 204,169 SF one‐story warehouse/delivery station building, consisting of 190,015 SF of warehouse space and 14,154 Sf of office space on the site of the former Cerro Wire factory. Four access points are proposed, two (2) on the North Service Road and two (2) on Robbins Lane. A new traffic signal is proposed controlling the proposed major site exit driveway on Robbins Lane. All parking is contained on site, in at‐grade parking lots serving the proposed use. The proposed facility will operate seven days a week. Merchandise will be delivered to the site via large tractor trailer trucks, which are scheduled to arrive during the overnight hours. Forty‐nine tractor trailers per day are anticipated in the study report. The merchandise will then be processed by warehouse staff and transferred to smaller delivery vehicles for delivery to its final destination. The large majority of the smaller delivery vehicles will be stored on site overnight. Upon arrival, vehicles belonging to van drivers will be stored on site while deliveries are underway, and removed from the site when drivers depart after their shifts conclude. Arrivals and departures will be staged such that sufficient capacity is available in the parking, staging and loading areas. A small number of additional, privately‐owned delivery vehicles is also anticipated, primarily during the late afternoon hours. Internal connections among the parking areas are provided, although the study report indicates that specific access and egress points will be designated for trucks, vans and employee vehicles.

Inasmuch as hours of operation have the potential to impact community character, DER reviewed the proposed hours of operation in terms of consistency with surrounding land uses. The applicant provided information on the surrounding land uses, and in terms of zoning, land use and community character it appears that the proposed action, which requires no variances, is generally consistent with the surrounding properties in the LI Zone (see discussion below). Further, the site is not directly adjacent to any residential uses, thus no adverse impacts to surrounding areas, or the suburban character and quality of life of the Town of Oyster Bay are anticipated from the proposed 24-hour operation. Additional information regarding potential noise impacts from Site operations that may impact areas beyond the immediate vicinity, are provided in the appropriate sections of this report.

The subject property is bounded by Robbins Lane to the south, the LIRR and an industrial park to the west, the North Service Road of the LIE (also known as Miller Place) to the east, the Town DPW Site and the Town Animal Shelter to the northeast, and the former Syosset Landfill to the north. The immediate surrounding area of the subject property consists of areas within light industrial and single-family residential zoning districts. The Town of Oyster Bay Department of Public Works (Town DPW) facility and former Syosset Landfill, as well as areas along Robbins Lane and Aerial Way are zoned LI, like the subject property. The single-family residences located beyond the Town DPW Site and former Landfill, and also beyond Robbins Lane and the LIE, are zoned either R1-10 or R1-7, with minimum lot sizes of 10,000 square feet (SF) and 7,000 SF, respectively. The closest single-family residential zone boundary (R1-7) is located approximately 102 feet from the leased portion of the subject property, near the corner of Miller Place and Robbins Lane. South Grove Elementary School (Syosset Central School District) is located approximately 900 - 950 feet northeast of the subject property within a single-family residential

Page 5 of 57 TEQR REPORT (RECOMMENDED DETERMINATION OF SIGNIFICANCE): 305 Robbins Lane, Syosset - Syosset Park Warehouse December 15, 2020 ------neighborhood (situated around Colony Lane). Single-family residences located beyond the LIE, fronting on Marlene Drive, are situated approximately 500 feet from the subject property. This section of the LIE is elevated and has intervening sound walls that shield these residences from the highway noise, as well as noise that will emanate from the subject property.

Nearby uses include a New York State Department of Transportation (NYSDOT) maintenance facility and electrical substation, the Robbins Lane Community Park, Lifetime Fitness, a bicycle shop and an office building as well as industrial/commercial uses to the rear (including a carpet store, offices, Pitney Bowes, UPS logistics center, plumbing and tile establishment, etc.), along the south side of Robbins Lane. On the north side of Robbins Lane, beyond the LIRR tracks, is a building materials center, a gasoline station/auto repair, and retail facilities, including a seafood store, dog grooming facilities, delis, restaurant, dry cleaners, nail salon, hair salon, carpet store, as well as an industrial park situated around Aerial Way. This industrial park contains, among other facilities, a Tesla maintenance facility, Syosset Glass, Johnson Controls, Zimmer Biomet and multi-tenant office buildings. Another industrial park, near Eileen Way and Michael Drive is located to the northwest of the subject property. This industrial park contains, among industrial and commercial businesses, the M.A.T.S.S. Day Care facility on Eileen Way, on the opposite side of the LIRR tracks from the subject property. It is noted that the Robbins Lane Elementary School (Syosset Central School District) is located on Robbins Lane, approximately 0.6 mile from the LIRR and the corner of the subject property. It should be noted that DER requested additional information regarding specific land uses in order to identify any potentially sensitive receptors and also to thoroughly evaluate the community character within the context of the proposed action.

It is important to note in terms of zoning and land use, that the proposed action does not require any variances and is a permitted as-of-right use in the LI Zone. The proposed project meets all regulations of the LI zoning district, incorporating substantial front, side and rear yard setbacks and lot width frontages along both Miller Place and Robbins Lane, a building coverage of just under 20 percent, where 50 percent is permitted, and almost 11 percent landscape islands, whereas 10 percent is required. Overall, almost 18 percent of the site is proposed to be landscaped, with 82 percent containing impervious surfaces.

Page 6 of 57 TEQR REPORT (RECOMMENDED DETERMINATION OF SIGNIFICANCE): 305 Robbins Lane, Syosset - Syosset Park Warehouse December 15, 2020 ------

The SEQR Handbook, 4th Edition states, “Community character relates not only to the built and natural environments of a community, but also to how people function within, and perceive, that community. Evaluation of potential impacts upon community or neighborhood character is often difficult to define by quantitative measures. Courts have supported reliance upon a municipality’s comprehensive plan and zoning as expressions of the community’s desired future state or character… In the absence of a current, adopted comprehensive plan, a lead agency has little formal basis for determining whether a significant impact upon community character may occur.

• Examples of actions affecting community character that have been found to be significant include the introduction of luxury housing into a working-class ethnic community and construction of a prison in a rural community. • Examples of actions found not to be significant include low-income housing and shelters for the homeless proposed to be located within existing residential areas.”

Further, the SEQR Handbook, 4th Edition, also states, “Relevant to community character and SEQR, the court observed that, “[t]he power to define the community character is a unique prerogative of a municipality acting in its governmental capacity,” and that, generally, through the exercise of their zoning and planning powers, municipalities are given the job of defining their own character.” (SEQR Handbook, 4th Edition, Chapter 9: Notable Court Decisions on SEQR, pg. 198). In as much as the proposed action is consistent with the allowable uses in Town Code for the LI Zone, it would appear that the proposed action is consistent with the land use and zoning goals for development/redevelopment in accordance with current effective regulations and zoning.

Page 7 of 57 TEQR REPORT (RECOMMENDED DETERMINATION OF SIGNIFICANCE): 305 Robbins Lane, Syosset - Syosset Park Warehouse December 15, 2020 ------Again, while this TEQR Report summarizes the review process and substantiates the completeness of the review in accordance with SEQR/TEQR requirements, the discretion is under the purview of the lead agency. While DER has applied the law within these parameters, DER respects the authority of the lead agency to assert their judgment of the consistency of the proposed use with surrounding essential community character.

Transportation Resources The most current SEQR/TEQR Regulations and guidance documents require analysis of potential transportation related impacts – above just traffic and parking. As such, DER requires that applicants prepare a comprehensive potential impact analysis, in accordance with relevant industry standards, SEQR guidelines, and TEQR concerns above what is included in a standard Traffic Impact Study. DER recently prepared a Transportation Information Request Addendum (TIRA) which incorporates the new SEQR standards (effective January 1, 2019) and concerns often expressed by residents and the lead agency during the application review process and at public hearings. The following summarizes the sum and substance of the revised Transportation Impact Study prepared by VHB which was improved to address the comments from the Town’s NYS licensed traffic engineering consultant (LKMA) in conjunction with consultation with DER to exhaustively evaluate potential impacts to transportation resources for the proposed action. The TIS and associated attachments are well over 1,500 pages; as this is supposed to a readable document in accordance with SEQR, our reasoning for recommending a negative declaration is summarized herein, but it is noted that detailed analysis of all information provided was thoroughly reviewed, and numerous discussions, comments and subsequent modifications based on same were incorporated into the November 2020 EEA analysis, and summary of information that is provided herein.

Four access points would serve the proposed development. One signalized access point is proposed along Robbins Lane approximately 440-feet north of the LIE North Service Road (Miller Place) and would provide for exiting traffic only. A second, ramp-type entrance-only access is proposed further north on Robbins Lane, approximately 140-feet south of the Long Island Railroad (LIRR) at-grade crossing which will accommodate arriving truck traffic only. Two access points are proposed along Miller Place. Each would provide for right-turns into and out of the site. The TIS evaluated the potential impacts of the proposed development of the Syosset Park Warehouse on the traffic and transportation conditions in a study area which included not only the roadways adjacent to the site but a total of 12 intersections as well as the ramp system on the Long Island Expressway near the site.

Detailed Vehicular Operation Descriptions Personal Vehicles: Passenger cars used by employees (managers, sortation staff and van delivery drivers) to arrive and depart from the facility. A maximum of 264 Warehouse employees work within the building processing packages that arrive via trailer truck deliveries and will arrive overnight at the site and organize packages associated with the morning delivery periods. The largest number of these employees (230) arrive between 1:00 a.m. and 2:00 a.m. After these deliveries are deployed during the facility peak hour, their shifts end and they will depart at approximately noon. Van delivery drivers will arrive at the site via their personal vehicle and will switch to their van before queuing on either side of the building for loading purposes. Van delivery drivers begin arriving at approximately 9:20 a.m. (240 drivers), after the conclusion of the commuter peak period on the adjacent roadways with the bulk of the drivers arriving between 10:00 a.m. and 11:00 a.m. (320 drivers). The balance of the total 608 drivers arrives just after 11:00 a.m. (48 drivers). After making their scheduled deliveries (discussed below), they will return to the facility to retrieve their personal vehicle during the evening, departing over a three-hour period beginning at approximately 7:00 p.m. Warehouse employees will arrive and depart the site via the proposed westerly access drive on Miller Place and utilize a dedicated parking area for that purpose. Van delivery drivers arriving via personal vehicle will arrive and depart via the easterly access drive on Miller Place.

Page 8 of 57 TEQR REPORT (RECOMMENDED DETERMINATION OF SIGNIFICANCE): 305 Robbins Lane, Syosset - Syosset Park Warehouse December 15, 2020 ------Delivery Vans: These vans deliver the packages to various locations in the distribution area will be kept at the facility overnight. The site is designed to support 608 delivery vans operating from the site on a daily basis. Van delivery drivers arrive as noted above in the late morning in their personal vehicles via the easterly entrance, travel to the eastern parking field and park their personal vehicles. There, they move to an assigned delivery van and proceed to either side of the building to the van loading areas.

Drivers that will leave in the 2nd or 3rd waves of vans park their personal vehicles, enter a van and assemble in the van staging areas until the prior wave has left. Once they are loaded, the vans depart the facility in waves from either side of the building, which allow the next wave of vans to progress to the loading area. It takes approximately 20 minutes for each wave of vans to be staged, loaded and depart the van loading area. The first wave of vans will leave the site after 10:00 a.m. with 400 vans anticipated to leave before 11:00 a.m. The remaining 208 of the total 608 van delivery fleet will leave between 11:00 a.m. and noon. Half of the vans will leave via the proposed signalized exit to Robbins Lane and half the vans will leave via the easterly access drive on Miller Place. When these vans complete their designated route, they will return to the site via the easterly access drive on Miller Place and park the van in the parking area. From there, they will retrieve their personal vehicle and leave the site via the same easterly access on Miller Place. The vans will begin arriving back at the site after 6:00 p.m. with the last of the vans expected to return just after 9:00 p.m.

Trailer Truck Deliveries: These trailers bring packages to the facility for sortation prior to their final delivery. Trailer truck visits to the site are projected at 49 deliveries per day. The majority of these deliveries enter the site and unload during the evening and overnight periods, avoiding the peak periods of other site activity as well as peak commuter periods on the area roadways. These trucks, which are referred to as line-haul deliveries, will be loaded at a wider regional center and sent to the proposed facility directly; they do not make stops at other facilities. Trailer trucks will arrive via the northern entrance only access on Robbins Lane, access the loading bays on the north side of the building to be unloaded and leave the site via the proposed traffic signal and return to the LIE.

Flex Delivery: Private on-call, or ‘Flex’ delivery vehicles that provide additional service for some same- day deliveries on an on-call basis are utilized only as necessary. These are not delivery vans, but private vehicles whose drivers are offered an opportunity to deliver a package or small number of packages only when the need arises to deliver same-day packages outside the typical delivery cycle noted above. Flex deliveries represent a relatively small number of trips versus scheduled operations and generally would occur in late afternoon. Flex vehicles would arrive via the easterly access on Miller Place and leave via the signalized exit on Robbins Lane or the unsignalized exit on Miller Place.

The operator of the proposed facility has designed their staffing and delivery schedule so as to generate little vehicular activity during the typical rush hour peak periods on a typical weekday to minimize potential impacts to the maximum extent practicable. This allows for less delay to delivery operations compared to that which would occur during commuting peaks and greatly reduces the potential for traffic impacts on the area roadway network as compared to other commercial redevelopments that could be built on the site.

The operation experiences its peak level of traffic activity in the late morning during the delivery van deployment period (approximately from 10:00 a.m. to 11:00 a.m.) and its peak level of activity in the evening when those vans return from their respective delivery routes (from approximately 8:00 p.m. to 9:00 p.m.). This schedule is in place and followed every day of the week, including both Saturday and Sunday. The analyses contained within this study focuses on the peak time periods of operation of the proposed use at it generates low traffic levels during the traditional peak background commuting periods between 7:00 a.m. and 9:00 a.m. and between 4:00 p.m. and 6:00 p.m. in the evening on weekdays.

Page 9 of 57 TEQR REPORT (RECOMMENDED DETERMINATION OF SIGNIFICANCE): 305 Robbins Lane, Syosset - Syosset Park Warehouse December 15, 2020 ------The following describes the methodology used in the TIS in order to analyze potential impacts to transportation resources: • The project Overall Site Plan and related documents were reviewed to obtain an understanding of the project scope and layout. • A review was made of the adjacent roadway system, key intersections and ramps that might be significantly impacted by the proposed project. As this site has been the subject of prior development proposals of larger scope and scale, the study intersections were selected based on the scale of this proposed development and trip generation and the likelihood of impacts based on the results of prior studies of those larger projects. • Field inventories were made to observe the number and direction of travel lanes at the key intersections, along with signal timing, phasing and cycle lengths. • Accident data for the most recent three-year period for the study area was obtained, tabulated and summarized. • The effects of the Covid-19 pandemic prevented the collection of existing 2020 turning movement counts. To account for this, previously collected turning movement counts with adjustments described in the Existing Traffic Volume Data section of this report were utilized at the key intersections. These data had been collected during typical weekday a.m. and p.m. peak periods and a Saturday midday peak period in 2014 and 2016. • The existing traffic volumes at the key intersections were expanded to the future No-Build year (assumed to be 2021). • Any significant planned developments in the vicinity of the project were identified and the traffic associated with those developments was included in No-Build analysis. • As the proposed use of the site is unique and specific to the tenant, the traffic generated by the proposed use was estimated based on information specific to the site’s operations provided by the site operator and not using published sources. • The site-generated volumes were distributed along the adjacent roadway network and were added to the No-Build volumes to produce the proposed Build volumes. • Capacity analyses were performed for the study intersections for the Existing, No-Build and future Build conditions. • The results of the analyses for the Existing, 2021 No-Build, and 2021 Build conditions were compared to assess any significant traffic impacts due to the proposed project. • The site access points were evaluated. • The adequacy of the proposed parking was evaluated, and the site layout and circulation was reviewed. • The need for traffic mitigation measures was evaluated.

Study Intersections • Robbins Lane & Miller Place (LIE North Service Road, Signalized) • Robbins Lane & Marlene Drive (s/o LIE, Signalized) • South Oyster Bay Road & Miller Place (LIE North Service Road, Signalized) • South Oyster Bay Road & LIE South Service Road (Signalized) • Robbins Lane & Aerial Way (Signalized) • Robbins Lane & Birchwood Park Drive (Signalized) • Robbins Lane & Lydia Place\Robbins Lane Elementary School (Signalized) • Jericho Turnpike & Robbins Lane/Heather Lane (Signalized) • Jericho Turnpike & Underhill Blvd/Hasket Drive (Signalized) • Jericho Turnpike & South Oyster Bay Road/Jackson Avenue (Signalized) • South Oyster Bay Road & Woodbury Road (Signalized) • NY 106/107 & LIE North Service Road (Signalized)

Page 10 of 57 TEQR REPORT (RECOMMENDED DETERMINATION OF SIGNIFICANCE): 305 Robbins Lane, Syosset - Syosset Park Warehouse December 15, 2020 ------

Existing Traffic Volume Data Due to the current Covid-19 pandemic and its effect on traffic volumes, collection of typical traffic data for the purposes of analyses was not possible. However, VHB had previously collected traffic data at the study locations in 2014 and 2016 for the purpose of preparing a traffic impact study for a development previously proposed for this site. Prior intersection turning movement counts at the study intersections were collected using Miovision cameras on a typical weekday during the a.m., p.m. peak periods and on a Saturday during midday peak periods. The weekday counts were performed on Tuesday, December 16, 2014 during the a.m. peak period from 7:00 a.m. to 9:00 a.m. and during the p.m. peak period from 4:00 p.m. to 7:00 p.m. The Saturday counts were performed on December 13, 2014 from 10:00 a.m. to 2:00 p.m. More recent counts were conducted for the intersection of Robbins Lane and Jericho Turnpike, on Thursday, September 15, 2016 during the a.m. peak period from 7:00 a.m. to 9:30 a.m. and during the p.m. peak period from 4:00 p.m. to 7:00 p.m. The newer Saturday counts were performed on September 24, 2016 from 10:00 a.m. to 2:00 p.m.; additionally, at the four other Robbins Lane intersections more recent counts were taken on Thursday, September 15, 2016 during the a.m. peak period from 7:00 a.m. to 9:30 a.m. After examining the previous traffic data, the 2014 and 2016 weekday and Saturday counts were expanded to 2020 levels utilizing the area growth rate of 0.7% per year as per the NYSDOT’s published traffic growth rate specific to this area to present a uniform analysis year for Existing Conditions analysis. The appropriateness of this methodology is consistent with current industry standard guidance documents and was also deemed acceptable by the Town’s traffic engineering consultant.

The proposed Syosset Park Warehouse will operate 7 days per week and vehicle trip activity will be most active during the morning from 10:00 a.m. to 11:00 a.m. and during the evening from 8:00 p.m. to 9:00 p.m. Details regarding the traffic activity anticipated at the site are included later in the Future Traffic Conditions Section. The peak site activity will not coincide with typical peak roadway activity on weekdays associated with peak periods of commuter activity. Thus, for the purpose of this site specific analysis, the previously collected weekday count data requires a time of day adjustment to reflect roadway conditions during peak site operations. While the peak periods of site traffic activity as noted above are 10:00 a.m. to 11:00 a.m. and 8:00 p.m. to 9:00 p.m., there is some lower level of site traffic activity anticipated during the typical weekday afternoon commuter peak period. While the analysis concentrates on the site peak periods of traffic as site traffic is significantly higher and potential for impacts is greater, a limited analysis of three key intersections was performed to gauge any potential impacts during the weekday afternoon commuter peak period. VHB utilized their latest technology-driven innovation application (INTERSECT), which leverages big data in order to identify traffic conditions from pre- pandemic time periods. Based on information gleaned from previous traffic studies conducted within the area, 2014 and 2016 turning movements counts were assembled for the analysis; then a verification process was applied to use the 2014 and 2016 volumes and adjust the volumes by movement to reflect 2020 traffic conditions. Again, this information was reviewed and verified for appropriateness and accuracy.

Further, time of day adjustment factors from automatic traffic recorders or through the use of the Inrix cell phone probe data using INTERSECT were also applied. Inrix is a third-party provider of archived cell phone probe data. Archived cell phone probe data is used to compare the cell phone activity at a location at one time to the activity at another time, and allows for the development of adjustment factors to allow translation of vehicular volumes, including turning movements from one time of day to another or one year to another. In this case, cell phone probe data prior to the onset of the pandemic was used to develop a relationship between the typical commuter peak periods for which VHB had vehicular turning movement data, to the hours later in the day for which the intersection analysis was performed for this study. In cases where the probe data was used, pre-pandemic (March 2020) probe data was extracted for the similar study time periods used in 2014 and 2016 for both the am and pm traffic conditions. VHB then developed time of day conversion factors to adjust the 2016 traffic conditions to the respective 2020 traffic study time periods (10 a.m. and 8 p.m.). These factors were then applied to the weekday traffic volumes collected during

Page 11 of 57 TEQR REPORT (RECOMMENDED DETERMINATION OF SIGNIFICANCE): 305 Robbins Lane, Syosset - Syosset Park Warehouse December 15, 2020 ------roadway peak hours, providing adjustment to the times of site specific peak activity. It should also be noted that pursuant to comments on the initial submittal, DER’s consultants indicated regarding traffic volume counts that the traffic counts used in the traffic study were conducted during December 2014 and September 2016. These turning movement counts were then adjusted to reflect 2020 base year traffic to represent the existing condition. Based on current NYSDOT guidelines pertaining to conducting traffic counts during the ongoing COVID-19 pandemic, expanding existing traffic counts is an acceptable methodology. While the NYSDOT methodology recommends utilizing traffic counts that are five years old or less, in light of the ongoing pandemic and the robust traffic volume data base available for use in the study, the methodology is considered reasonable to adjust the 2014 and 2016 traffic volumes to reflect 2020 base volumes.

Concerns by representatives of the Town of Oyster Bay regarding the operation of the adjacent Department of Public Works (DPW) facility were raised during preliminary conceptual development, and were specifically analyzed to ensure no adverse impacts. During the morning peak period for the proposed warehouse building, sanitation trucks enter and exit the DPW facility for refueling and other activities. The Town requested an evaluation of the operation of the access points at the west end of that facility to ensure the proposed project would not unduly affect these critical operations and the Town’s ability to serve the residents of the Town of Oyster Bay. Accordingly, turning movement counts were conducted at three driveways on Miller Place, just east of the project site, which provide access to the DPW facility on Tuesday June 9, 2020 from 9:00 a.m. to 12:00 p.m. It should be noted that the sanitation activities have remained operational and largely unaffected by the current pandemic as they provide essential municipal services.

As noted previously, the Syosset Park Warehouse will operate seven-days a week. The weekday and Saturday hours of study were determined as noted previously to coincide with peak periods of site activity. Consideration was given to evaluating traffic conditions on Sunday as well. However, review of available background traffic information indicates clearly that area background traffic levels during the site’s peak operation on Sunday are significantly lower than on Saturday. This confirms that Saturday is the critical weekend day and any traffic related issue that would potentially occur would be evident on Saturday. In comparison to the historical automatic traffic recorder (ATR) data for Saturday, Sunday volumes throughout the study network were, at a minimum, 10% lower and generally were closer to 20% to 25% lower on the roadways studied. Accordingly, no rigorous analysis was prepared nor warranted for a typical Sunday. Summaries of the turning movement counts are available upon request from DER.

Accident Data and Intersection Analysis Accident data for intersections and roadway segments closest to the site that are key to understanding the accident history and potential impacts of the operation of the site were tabulated and evaluated. These include roadways and intersections closest to the site that will be used most heavily by site traffic from the proposed distribution warehouse. Accident history data at key study intersections was reviewed and accident history along the roadway segments between critical locations was studied in accordance with standard industry practices. Given the nature of the roadways in the study area, mainly major State and County arterials with multiple intersecting side streets, a dense level of access from adjacent properties, high traffic volumes, and numerous signal controlled intersections, the level of crash experience that was indicated by the accident data is expected. The introduction of the traffic due to the development of the project site will increase traffic levels in the study area to an extent. However, with a well-developed access plan, the operation of the site as proposed will not unduly increase the rate of accident occurrence in the study area.

Page 12 of 57 TEQR REPORT (RECOMMENDED DETERMINATION OF SIGNIFICANCE): 305 Robbins Lane, Syosset - Syosset Park Warehouse December 15, 2020 ------Traffic Operations Analysis, Level of Service (LOS) and Delay Criteria Measuring existing traffic volumes and projecting future traffic volumes quantifies traffic flow within the study area. To assess the quality of traffic flow, roadway capacity analyses were conducted with respect to the Existing, No-Build and future Build conditions. These capacity analyses provide an indication of the adequacy of the roadway facilities to serve the anticipated traffic demands. The evaluation criteria used to analyze area intersections in this traffic study are based on the Highway Capacity Manual 6th Edition (HCM6). The term ‘level of service’ (LOS) is used to denote the different operating conditions that occur at an intersection under various traffic volume loads. It is a quantitative measure that considers a number of factors including roadway geometry, speed, travel delay and freedom to maneuver. Level of service provides an index to the operational qualities of a roadway segment or an intersection. Level of service designations range from A to F, with LOS A representing the best operating conditions and LOS F representing the worst operating conditions. In addition to LOS, vehicle delay time (expressed in seconds per vehicle) is typically used to quantify the traffic operations at intersections. For example, a delay of 15 seconds for a particular vehicular movement or approach indicates that vehicles on the movement or approach will experience an average additional travel time of 15 seconds. It should be noted that delay time has a range of values for a given LOS letter designation. Therefore, when evaluating intersection capacity results, in addition to the LOS, vehicle delay time should also be considered. The LOS designations, which are based on delay, are reported differently for signalized and unsignalized intersections. The detailed LOS definitions for both the signalized and unsignalized intersections were analyzed and are available upon request from DER.

Software The capacity analyses were done using the traffic analysis software Synchro, version 10, a computer program developed by Trafficware Ltd., and VISSIM, version 11. Synchro is a complete software package for modeling and optimizing traffic signal timing. Synchro adheres to and implements the guidelines and methods set forth in the Highway Capacity Manual 6th Edition. VISSIM, which is a microsimulation program, provides additional insight into traffic operations which Synchro does not provide, such as within the proposed weaving areas adjacent to the site and an evaluation of the operation of gate activity at the LIRR at-grade crossing’s effect on traffic flow. LOS analyses were conducted for the Existing, No-Build and future Build conditions for the key signalized and unsignalized intersections in the identified study area utilizing synchro software analysis.

Signalized Intersection Analysis Results The results of the capacity analyses for the below signalized intersections in the Existing, No-Build and future Build conditions are summarized for the weekday a.m., weekday p.m., and Saturday midday periods, respectively. As noted previously, additional key intersections were also evaluated during the traditional weekday afternoon peak period. Further, the detailed Synchro capacity analysis worksheets and record signal timings obtained from the NYSDOT and NCDPW were reviewed as part of the analysis and are available upon request from DER.

• Robbins Lane & Miller Place (LIE North Service Road) • Robbins Lane & Marlene Drive • South Oyster Bay Road & LIE North Service Road • South Oyster Bay Road & LIE South Service Road • Robbins Lane & Aerial Way • Robbins Lane & Birchwood Park Drive • Robbins Lane & Lydia Place\Robbins Lane Elementary School • Jericho Turnpike & Robbins Lane/Heather Lane • Jericho Turnpike & Underhill Blvd/Hasket Drive • Jericho Turnpike & South Oyster Bay Road/Jackson Avenue

Page 13 of 57 TEQR REPORT (RECOMMENDED DETERMINATION OF SIGNIFICANCE): 305 Robbins Lane, Syosset - Syosset Park Warehouse December 15, 2020 ------• South Oyster Bay Road & Woodbury Road • NY 106/107 & LIE North Service Road

Future Traffic Conditions Background traffic growth rate of 0.7% per year was utilized to project the traffic conditions in the build year in keeping with current NYSDOT and industry practice. LKMA noted that the trip generation analysis discussed in the study report is based on information provided by the applicant about the expected day-to- day operations of the site when fully occupied. Based on the data provided by the applicant, total daily trips for the site are projected by the applicant to be 3,800 (1900 entering and 1900 exiting trips), including 2,486 auto trips, 1,216 van trips, and 98 tractor trailer trips per day. This is considerably more than typical industrial land uses of similar size would generate, especially on weekends. The greatest number of vehicles are predicted to be generated by the project between 10:00 and 11:00 AM, when 721 trips are projected, and 8:00 and 9:00PM, when 473 trips are projected. In contrast, only 3 trips are projected during the weekday 7:00 to 8:00AM peak hour of roadway traffic, and 291 trips are projected during the weekday 4:30 to 5:30PM peak hour of roadway traffic.

Typically, trip making characteristics for proposed developments are based on information provided in the report “Trip Generation”, published by the Institute of Transportation Engineers (ITE). The ITE report provides data from numerous common land uses for the purpose. However, no information is provided for land uses similar to the proposed operation. In those instances, the ITE recommends that data be collected at an existing similar land use for use in developing traffic projections for proposed projects. On this basis, information should be provided to support the assumptions regarding trip generation by the proposed facility. Ideally, observed traffic counts at an existing operation would be provided and compared to traffic projections prepared for that site, preferably utilizing the same methodology as that in the study. The traffic counts should distinguish among the various vehicle classifications. It is our understanding that Amazon has opened numerous facilities of this kind in the recent past. In this manner, it can be verified that the proposed site will operate as the applicant states. In response to this comment, a comparable operating site has been identified and traffic counts performed. This site, located in Shirley, NY recently began operations. The revised TIS includes a new section; Comparative Site Operations which presents a discussion of that site’s operations, compares them to the Traffic Study prepared for that site and draws conclusions related to that site’s operation. LKMA further noted that the project’s potential traffic impact is extremely sensitive to the schedule of operations that was developed and provided by the applicant. The intent of the original comment was to confirm the methodology utilized in the Traffic Impact Study to predict future trip generation at the proposed Syosset location, preferably utilizing information from an ongoing facility that had used the same predictive methodology to develop future traffic projections. The applicant’s response regarding operations at the newly opened site in Shirley generally supports the methodology utilized to estimate traffic generation at that location. While the methodology utilized in the Shirley study was not identical to that in the revised Traffic Impact Study, the general assumptions in the Shirley study were confirmed by the information provided. Ideally the comparisons would have been made with a site where trip generation was estimated using the same methodology; however, the applicant has also indicated that each facility, including the proposed Syosset facility, will generate traffic in accordance with its own unique schedule of operations, and that therefore the Shirley comparison is as valid as any other.

Cumulative Impacts DER always requests that the applicant considered and analyze potential cumulative impacts due to full build out of the project, other planned or proposed developments, and planned or proposed roadway projects. Documentation of communication with the Town of Oyster Bay Department of Planning and Development regarding development projects within a reasonable sphere of influence that could potentially impact traffic in terms of cumulative impacts was provided as requested and analyzed in accordance with SEQR guidance documents and relevant industry standards. The methodology and analyses was reviewed

Page 14 of 57 TEQR REPORT (RECOMMENDED DETERMINATION OF SIGNIFICANCE): 305 Robbins Lane, Syosset - Syosset Park Warehouse December 15, 2020 ------by DER and verified by DER’s traffic engineering consultant. Additional details regarding the analysis are included in the EEA. It is anticipated that the project build year will be 2021 and will be completed in 10 months in a single phase. The NYSDOT traffic growth rate of 0.7% per year in Oyster Bay will not measurably increase traffic volumes in the area over that time period, especially considering the Covid-19 impacts on general travel conditions, which may result in even lower traffic volumes than would normally exist.

LOS Summary Results from the analysis indicate that during the weekday a.m. peak hour, the overall intersection results in the Build Condition are generally consistent with the results in the No-Build Condition, with the exception of the LIE North Service Road at Route 106/107. At this location the overall LOS changes from B to C with an increase in delay of only 2.7 seconds due to the No-Build delay being very near the LOS B/C threshold. All approach LOS and individual movement LOS will remain at No-Build levels for this location. This impact is considered minimal and no mitigation is proposed. It should be noted that the northbound left-turn, which operates at LOS F under the existing condition, will continue to operate at LOS F with slightly increased delay under the Build condition. This is a result of the traffic controller modeled in the software shifting a small amount of green time from the northbound left-turn to other movements, based on demand. The delay experienced for this movement is mainly a result of the traffic signal cycle length, which is 130 seconds during the a.m. peak period. The low volumes on this movement receive only a small portion of green time during the signal cycle and therefore operate at LOS F, indicating delay in excess of 80 seconds, which is reasonable to expect based on the 130 second signal cycle.

The intersections of the LIE North and South Service Roads with Oyster Bay Road are controlled in a manner by which they operate almost as one. The two signals operate with common phasing, reflecting the need for coordination of the two intersections given the close intersection spacing on each side of the bridge over the LIE. The introduction of site traffic in the Build Condition indicates that overall LOS is maintained from the No-Build Condition to the Build Condition, with little increase in overall delay. However, there are two isolated instances of movement and approach LOS that are shown to slip from LOS C to LOS D; the southbound right-turn at the North Service Road and the eastbound approach on the South Service Road. It is noted that LOS D is considered an acceptable LOS at a signalized intersection and the overall intersection LOS is maintained. As the signal phasing at the two intersections is linked and cannot be modified independently of each other, changes to signal phase timings that would normally be available to counter the LOS change are not possible here. However, given that LOS D is acceptable and the overall LOS at each intersection is maintained, this is not considered a significant impact.

Additional Site Specific Considerations and Analysis The traffic study provides the results of capacity analyses conducted to evaluate the impact of the traffic generated by the proposed project on the surrounding roadway network during the weekday AM and PM hours when the site generated traffic would be highest, referred to as the peak hour of the generator. Typically traffic impact analyses would be conducted during the weekday AM and PM peak commuter hours as well as during the times of a proposed project’s peak impact. Assuming that the methodology presented in the study can be determined to provide a reasonable estimate of the facility’s traffic generating profile, then the project will generate much lower traffic volumes during the weekday AM and PM peak hours of traffic on the adjacent roadways, and its impact would be lower during the peak commuter hours when the roads are more congested. However, since the project still generates a fairly substantial number of trips during the weekday PM peak commuter hour (356 trips), LKMA requested that impact analysis for that hour be provided. The applicant indicated that the 356 trips occur during the evening hour of 7:00 p.m. to 8:00 p.m. and not within what is considered the traditional weekday p.m. peak commuter period of 4:00 p.m. to 6:00 p.m. As presented in the TIS, the peak number of hourly site trips anticipated during this period is 291 between 4:30 p.m. and 5:30 p.m. In response to this comment, the revised TIS now includes and additional section, Potential for PM Commuter Peak Impacts. This section includes the analysis of

Page 15 of 57 TEQR REPORT (RECOMMENDED DETERMINATION OF SIGNIFICANCE): 305 Robbins Lane, Syosset - Syosset Park Warehouse December 15, 2020 ------three key intersections to quantify the impacts of the proposed development during the typical weekday p.m. commuter peak period. These intersections are Robbins Lane at Miller Place, the LIE North Service Road at South Oyster Bay Road and the LIE South Service Road at South Oyster Bay Road. Based on the nature of the intersections, the layout of the roadway system in the area and location of the site as well as the anticipated distribution of site traffic, any potential impacts would be revealed at these locations if there were any impacts at all. The results of this analysis, detailed in the revised TIS indicates that the operation of the site as proposed will not result in any impacts during the weekday p.m. commuter peak at these locations and by extension, elsewhere in the study network. A review of the results of the intersection capacity analyses conducted at the key intersections listed above indicate that the site generated traffic could be accommodated on the roadway network without undue significant detrimental impact during the weekday PM peak commuter hour. DER’s traffic engineering experts concurred with the applicant’s response that 291 new vehicles will be generated by the proposed project during the weekday PM peak hour; this is predicated on the assumption that the predictive methodology utilized to estimate future traffic impacts is accurate and that the site is operated in the manner described in the report and associated predictions. Based on these assumptions, the results of the analyses are reasonable.

The project proposes two (2) site access driveways on the LIE North Service Road. Due to the one-way operation of the service road, right turns only into and out of the site will be accommodated at both driveways. According to information in the report, these two access driveways will be primarily used for employee parking and delivery vans. The other two site access driveways will be located on Robbins Lane. There is a proposed signalized exit only driveway just north of the LIE North Service Road that will be used for delivery vans and for exiting tractor-trailers, and a second right turn only entrance driveway to the north that will be used to receive tractor-trailer deliveries. The driveway locations and configurations comply with NYSDOT guidelines for access to State facilities. LKMA requested that an analysis of the adequacy of stopping sight distance at the proposed site driveways should be provided, including specific sight distance measurements. The applicant revised the TIS to include a section on Sight Distance Considerations and indicates more than adequate sight distance is available. The application proposes installation of an exit only driveway on Robbins Lane. A new traffic signal is proposed at this location. The study report provides the results of a traffic signal warrant analysis performed to determine the appropriateness of the signal installation. The results of the warrant analysis, conducted in accordance with the methodology in the Manual on Uniform Traffic Control Devices (MUTCD), indicate that warrants are satisfied for the installation of the traffic signal. The analysis provided in the study report indicates that the proposed signalized driveway will operate in the manner intended. LKMA recommended that the design of the signalized access driveway should accommodate the access to the NYSDOT Maintenance Yard on the west side of Robbins Lane. The existing driveway closest to the intersection should be eliminated. As such, NYSDOT will likely be involved in the approval process for the signal design. The signal should be coordinated with the existing signal at the intersection of Robbins Lane at the I-495 North Service Road. As these are standard logistical considerations under the purview of the NYSDOT, it is unlikely that these comments would constitute any adverse environmental impacts. The EEA goes on to state that the traffic signal should be interconnected to and coordinated with the existing traffic signal to the south. This traffic signal will fall under the jurisdiction of, and require a permit from, the NCDPW. It would be installed and operational prior to the site being occupied and operating. The cost of the signal’s design and installation will be borne entirely by the developer of the site, with no cost to the public. The analysis determined that the queuing associated with the proposed traffic signal will not significantly impact the LIRR at-grade crossing or the intersection of Robbins Lane and Miller Place.

The study report also provides an analysis of the future operating conditions on Robbins Lane after construction of the proposed project, which are intended to examine the project’s potential impact on queue length with respect to the LIRR grade crossing operation. The analysis was conducted utilizing the VISSIM software package, which is an appropriate tool for this purpose. The study report indicates that pre-COVID railroad operations were utilized, and the traffic counts similarly reflect pre-COVID conditions. The results

Page 16 of 57 TEQR REPORT (RECOMMENDED DETERMINATION OF SIGNIFICANCE): 305 Robbins Lane, Syosset - Syosset Park Warehouse December 15, 2020 ------of the analyses indicate that sufficient storage will be provided for vehicles queued at the grade crossing such that vehicles are not likely to spill back from the grade crossing and impede operations at the adjacent signalized intersections, and that queues from the signalized intersections will not extend to the grade crossing. Information should be provided regarding any validation procedures conducted to verify that the VISSIM model is in fact reasonably approximating queue lengths observed in the field. Comparisons should be provided between traffic volumes during the queue observations and those utilized in the simulation. The times and durations of gate closures utilized in the model should be provided. The discussion and analysis should also include the weekday peak commuter period, since gate closures are more frequent and background traffic volumes are heavier during those times. Based on these concerns, the applicant revised the TIS to include additional information regarding the validation of the VISSIM model used for Robbins Lane which was originally developed for the previous Syosset Park mixed-use development proposed on the site. The revised TIS also includes additional information relative to the queueing at the LIRR at-grade crossing on Robbins Lane during the weekday peak commuter periods, including existing queue length observations during these time periods.

DER’s traffic engineering experts also confirmed that the validation procedure described in the report is sufficient to ensure that the VISSIM model provides a reasonable prediction of future operating conditions. Based on the information provided in the report, the traffic generated by the proposed project will not result in significantly greater queue lengths at the LIRR grade crossing during the weekday peak commuter hours.

Configuration of the Long Island Expressway and its entrance and exit ramps in the vicinity of the project site necessitates that vehicles destined to Robbins Lane via the eastbound Expressway must travel beyond Robbins Lane and exit at South Oyster Bay Road, then return to the west via the North Service Road. Because of this, DER expressed concern regarding the potential for the use of local streets to shorten the trip length for these vehicles exists. In particular, vehicles originating from NY106 west of the site could use Birchwood Park Drive to travel to Robbins Lane. The trip via this route is nearly three-quarters of a mile shorter than via the LIE and South Oyster Bay Road. The study report indicates that access to the site via Robbins Lane will be restricted to northbound right turns only at the proposed northern driveway. Thus, a vehicle would need to make a u-turn on Robbins Lane in order to utilize this driveway after arriving at the site via Birchwood Park Drive. In addition, only trucks arriving at the site will be permitted to enter via this driveway, and trucks are projected to travel to the site during off-peak traffic hours, thus further reducing the incentive to utilize this route. In addition, a truck restriction is posted on Birchwood Park Drive, limiting truck traffic to local deliveries. It is recommended that the driveway be configured to prevent left turns into the site to the greatest extent possible, and that u-turn or left turn restrictions be posted on Robbins Lane.

The applicant noted that the proposed access plan precludes entry to the site via Robbins Lane with the exception of tractor trailers and that all tractor trailers will arrive from the south given their origins to the west. The tractor trailer entrance to the site is designed as a slip-ramp type entrance to preclude entry from the north and will also be signed to reinforce this turning prohibition. With this design the potential for use of neighborhood streets to arrive at the site is very limited as all but tractor trailers must enter via Miller Place. The revised TIS includes an expanded discussion of the access plan as it relates to the potential for neighborhood “cut through” traffic.

LKMA indicated that based on the site access design and proposed operation, only tractor trailers will be permitted to enter the site via Robbins Lane. However, it is possible to access internal parking lots intended for vans and employee vehicles via the proposed entrance only driveway on Robbins Lane. While this could result in those vehicle types utilizing the Robbins Lane driveway, the revised report states that the drivers of the delivery fleet are under the control of the site operator and will be prohibited from this entrance and directed to avoid neighborhood streets except for making local deliveries. In addition, the

Page 17 of 57 TEQR REPORT (RECOMMENDED DETERMINATION OF SIGNIFICANCE): 305 Robbins Lane, Syosset - Syosset Park Warehouse December 15, 2020 ------incentive to use local streets will be reduced because the main roadways are less congested at the times of departure or return of the delivery vans in accordance with the schedule provided by the applicant. The revised TIS also includes a section on Emergency Vehicle Access and Circulation.

Review of the safety analysis indicates that the crash history has been updated utilizing the most recent crash data available, prior to the onset of the COVID-19 pandemic. The results of the safety analysis at critical intersection locations indicate a crash history in keeping with the nature of the roadway facilities in the study area. The predominant crash types are those typically associated with congested conditions. At critical intersection locations, no safety conditions were identified that would be exacerbated by the addition of the site generated traffic. At two of the other intersections included in the analysis (Jericho Turnpike at Woodbury Road and NYS 106 at the Northern State Parkway), a high frequency of crashes was noted. These intersections are a considerable distance from the site, and the proposed use will add relatively little traffic to either. It is noted that, assuming that the trip making characteristics associated with the proposed project are in keeping with the projections, the site will add relatively low traffic volumes to the roadways during times of peak congestion. In this manner, the proposed land use could have lower impact on congestion, and by extension, crash occurrence, than other potential land uses on the subject site.

Public Transportation The site of the proposed warehouse distribution center is located in the proximity of two Long Island Rail Road stations – Syosset and Hicksville. The Syosset station, located off Jackson Avenue, approximately 3 miles travel distance from the project site, is served by the Port Jefferson line of LIRR. This line connects Manhattan to Port Jefferson in Suffolk County, via Syosset and Huntington. The service on this line is frequent, especially during the peak periods. The Hicksville station, located off NY 106, also approximately 3 miles travel distance from the project site, is well served by the Ronkonkoma and the Port Jefferson lines of LIRR. These lines connect Manhattan to Ronkonkoma and Port Jefferson in Suffolk County. The service on this line is very frequent during the peak periods. Given the distances from the project site to the train stations, any use of the LIRR for commutation purposes would involve the use of a secondary vehicle trip such as ride hailing of traditional taxi service. Currently no bus service is provided in the area of the site as discussed below. The proposed development plan includes a drop-off area near the building entry in the office/warehouse employee parking area that could be used for these services to facilitate travel to the train station. In regard to bus service, review of current bus routes indicates that the project site is not served by the Nassau Inter County Express bus service (NICE) and there are no routes within a reasonable distance of the site, the closest route running to the south along Old Country Road. No credit was taken in this study for the use of public transportation. It should be noted that over the years and through various stages of review, the Town has revisited the idea of resurrection of the Landia Station through conversations with LIRR. It is only mentioned in this report in the anticipation that residents reviewing this document will question if that was considered; it was, and as a private property owner, the applicant is not proposing incorporating same at this time, nor are they required to do so in accordance with SEQR guidance documents.

Pedestrian and Bicycle Accommodations Currently there are no formal bicycle or pedestrian facilities in the project area except along Robbins Lane south of Miller Place where sidewalk exists. In the balance of the locations, pedestrian and bicycle traffic is accommodated in the project area utilizing paved roadway shoulders. With the exception of simple pedestrian push buttons and some pedestrian ramps which are not compliant with Americans with Disability Act standards, there are no dedicated pedestrian facilities at the intersection of Miller Place and Robbins Lane. The development plan for the site includes new pedestrian sidewalk along the entire site perimeter on Robbins Lane and Miller Place. A pedestrian sidewalk connection is provided from the sidewalk in the public right-of-way on Miller Place into the site with connectivity to the building and parking areas. The proposed site plan includes delineated pedestrian pathways through all parking areas at

Page 18 of 57 TEQR REPORT (RECOMMENDED DETERMINATION OF SIGNIFICANCE): 305 Robbins Lane, Syosset - Syosset Park Warehouse December 15, 2020 ------intervals and an internal system of pedestrian sidewalk to facilitate movement of pedestrians throughout the site. Improvements being performed at the intersection of Miller Place and Robbins Lane at the request of the NYSDOT as part of the project include an ADA compliant pedestrian crossing of the east leg of Miller Place at Robbins Lane with modern pedestrian signal equipment. In addition, the proposed signalized site exit to Robbins Lane will be equipped with ADA compliant pedestrian crossings and signal equipment across the exit. Bicycles will continue to be accommodated utilizing shoulders and paved roadways. The development plan includes the installation of bicycle racks near the building entrance. The proposed use is not considered to be a significant generator of pedestrian or bicycle travel.

Short Term/ Construction Impacts In accordance with SEQR/TEQR requirements, DER specifically requested that short-term impacts be evaluated and mitigation incorporated where necessary. Information provided by the developer of the proposed warehouse indicates an anticipated construction period of 10 months. This includes demolition of the two small remaining structures on the site, the rough grading work required to accommodate construction activities, and the construction of the proposed warehouse, roadways, drainage, utilities and other infrastructure. According to Section 156-4 of the Town Code, construction activities are permitted to occur between the hours of 7:00 a.m. and 10:00 p.m. Monday through Saturday. It is noted that no soil material will be removed from the site during construction of the proposed improvements. The specific anticipated sequence of construction is as follows:

• Installation of erosion control devices, including silt fence and anti-tracking pad for construction entrances • Removal of existing vegetation (small scattered trees and bushes) • Earthwork – rough grading of site (Strip topsoil and stockpile in designated areas where applicable), rough grading and subsurface drainage installation • Installation of building foundation • Building construction • Utility connections to buildings • Fine grading, asphalt and concrete paving • Landscaping • Building interior finishing • Removal of erosion control devices

Construction traffic associated with these operations will include trucks for performing operations on the site as well as the delivery and removal of construction materials as well as worker’s vehicles and tradesman vans. The number and types of construction vehicles will vary considerably depending on the stage of construction and the operations underway at any given time. The site’s location on the corner of Robbins Lane and Miller Place (North Service Road) adjacent to the Long Island Expressway (Interstate 495) is key in consideration of construction traffic, particularly truck traffic. All construction vehicles will arrive and depart via stabilized construction entrances on Robbins Lane and Miller Place. Construction traffic originating from the Long Island Expressway will utilize Miller Place or Robbins Lane entrances. Nominal construction traffic originating from the North will utilize the Robbins Lane entrance.

Parking and storage of all construction worker vehicles and construction equipment will be maintained on site. While the number of workers will vary with the stages of construction, it is anticipated that a maximum of 200 workers would be present at any one time throughout the construction period. No parking of vehicles or equipment will occur on the surrounding roadways. Laydown areas for any materials that will be stockpiled will be provided on site. It is noted that the site needs to be cleared of the existing vegetation and requires a significant amount of fill material be imported by the construction activities in accommodating grading and earthwork efforts. The existing vegetation to be cleared is estimated at

Page 19 of 57 TEQR REPORT (RECOMMENDED DETERMINATION OF SIGNIFICANCE): 305 Robbins Lane, Syosset - Syosset Park Warehouse December 15, 2020 ------approximately 1,000 cubic yards (CY) and the amount of soil import is estimated at approximately 25,000 CY which would be removed/imported to the site via trucks which could accommodate 40 CY of material. This equates to approximately 650 trucks arriving and departing over the 10-month construction period and, assuming approximately 240 working days per year yields an average of fewer than 3 of these 40 CY trucks to and from the site per day. Over an 8-hour day, this equates to an average of less than one 40 CY truck trip to and from the site every two hours over the course of the construction period.

The TIS provides a discussion of short-term impacts during construction on vehicular and pedestrian traffic, including potential lane and sidewalk closures, work zone traffic control measures, and truck activity during construction phases. The discussion includes a means of providing access to the roadway network during construction. The revised TIS includes a discussion of impacts to vehicular and pedestrian traffic in the Construction Impacts section. The report provides information regarding impact to pedestrian and vehicular traffic during construction, including measures to minimize impacts and ensure safe operations. The measures described in the report should be implemented during construction.

Additionally, as noted in the EEA, work zone plans will be developed for the roadways fronting the subject site, namely along Miller Place and Robbins Lane. Work zone plans will consider impacts to and make accommodations for all road users including vehicular, bicycle, and pedestrian traffic. Currently there are no formal bicycle or pedestrian facilities in the project area except along Robbins Lane south of Miller Place where sidewalk exists. In the balance of the locations, pedestrian and bicycle traffic is accommodated in the project area utilizing paved roadway shoulders. During construction, as feasible, the existing shoulder will be maintained to allow pedestrians and bicyclists to continue to utilize that facility. It is anticipated that at certain phases of construction, the shoulder area will be included in the work area and need to be closed to traffic. During times when the paved shoulder of Robbins Lane or Miller Place is closed for construction activities, as part of the work zone scheme, bicycles will share the adjacent travel lane with vehicular traffic; construction signage will be included, as necessary, to alert vehicular road users of this condition. Pedestrians traversing the work area are anticipated to be provided a temporary pedestrian walkway along the edge of the work zone and delineated from the vehicular travel lane and work zone using barrels or other temporary channelizing devices. All construction activities will be overseen by a Construction Manager (CM) and dictated by a Construction Management Plan developed in coordination with the Town of Oyster Bay. The CM will facilitate coordination among the appropriate governmental agencies/departments and interested parties to minimize potential construction impacts in the surrounding area.

Site Parking & Circulation Site Parking Pursuant to Town of Oyster Bay Schedule of Off-Street Parking Requirements, Warehouse, Distribution and Storage requires one space per employee, plus one space per commercial vehicle kept on the lot, but not less than one space per 1,000 sq. ft. of gross floor area. The Overall Site Plan indicates that a total of 1,603 spaces (including 20 accessible spaces) would be provided, exceeding the Town requirements. It should be noted that this includes 907 standard spaces 9’ x 18’ in size, for the warehouse employees and van drivers’ private vehicles, and 696 van spaces 11’ x 27’ in size, for the commercial vehicles stored on- site. Sixteen truck loading bays are provided along the northwest face of the building, exceeding the code requirement of eleven.

Component Town Code Proposed Parking Required • Employees (Warehouse) 1 per employee 264 • Employees (Drivers) 1 per employee 608 • Commercial Vehicles Stored 1 per vehicle 696 • Total Parking Required as per Town Code 1,568

Page 20 of 57 TEQR REPORT (RECOMMENDED DETERMINATION OF SIGNIFICANCE): 305 Robbins Lane, Syosset - Syosset Park Warehouse December 15, 2020 ------Site Circulation Review of the Overall Site Plan indicates that the site circulation aisles and parking spaces are standard size and are in keeping with Town Code requirements. As requested by Town representatives, all parking spaces will be striped “California Style”, incorporating double lines between spaces to encourage centering of parked vehicles within the space. The site access points are adequately designed to accommodate the level of traffic anticipated as well as the types of vehicles which will frequent the site, predominantly passenger vehicles and delivery vans. Trailer truck deliveries will unload at the loading bays at the northwest side of the building adjacent to the railroad. The onsite truck route from the entrance on Robbins Lane to the loading bays and to the exit to Robbins Lane at the proposed traffic signal has been designed with geometry sufficient to adequately accommodate the largest trucks anticipated on the site. Furthermore, the site access and parking areas will be divided in such a way as to separate the delivery vans and drivers from the parking and on-site pedestrian activity associated with warehouse employees. As indicated previously, the warehouse employees will access the site via the western driveway on the Long Island Expressway North Service Road. This leads to a parking area for passenger vehicles which is separated from the remainder of the site. Meanwhile, the van delivery drivers will enter the property via the eastern driveway on the Long Island Expressway North Service Road. This provides more direct access to where the delivery vans will be stored on-site. Here, the drivers will switch from their personal vehicle to the vans before proceeding to the van staging drive aisles located on the far northern side of the property (for the vans loading and departing from the west side of the building) and on the eastern side of the building (for the vans loading and departing from the east side of the building). The van staging and loading areas on the site have been located in such a way to remain separate from the main circulation paths throughout the property. This reduces potential conflicts with passenger vehicles entering the site and vans queued for loading.

On the southwest side of the building, the travel lanes for the delivery vans are crossed by the entrance lane providing access to the trailer truck loading docks. These trucks enter at the northern driveway situated on Robbins Lane (which permits rights into the property only) and are able to directly access the loading docks. As indicated previously, the trailer deliveries generally occur during the evening and overnight periods, when the warehouse employees are arranging packages for delivery the next day. As a result, there is minimal traffic activity on the site when the majority of trailer truck deliveries are performed, and the delivery vans will only be returning via the eastern driveway situated on Miller Place at these times, resulting in less conflicts at the point where the van queuing/storage lanes intersect with the truck trailer access driveway. Appropriate levels of internal traffic controls are provided, and visibility is unimpeded. As a result, the northern driveway on Robbins Lane does not represent a conflict with the van staging areas. It warrants mention that different components of the traffic circulating throughout the site will be active at different times of the day, as described in the traffic schedule for the facility, reducing potential conflicts.

LKMA recommended on-site cross access should be provided between the two employee lots. Any employee trying to find a space in the lot closer to the building, and finding the lot full, would have to recirculate to the LIE South Service Road and use South Oyster Bay Road to get back to the North Service Road/Miller Place to enter the easterly lot. Said recommendations would improve the site plan and will be conveyed to the Department of Planning and Development, but in of itself would not constitute a significant impact without the amendment.

Based on the results of the analyses conducted for the purpose of this report, the proposed Syosset Park Warehouse to be located at the corner of Robbins Lane and Miller Place, will operate 24 hours a day, 7 days a week. The facility will generate peak levels of site traffic during the off-peak hours of background traffic. The site operations are designed to generate less activity during the traditional rush hours on a typical weekday. The activity on the site peaks between 10:00 a.m. and 11:00 a.m. and again between 8:00 p.m. and 9:00 p.m. The additional traffic generated by the site can be accommodated on the adjacent roadways and intersections without resulting in significant negative impacts to traffic conditions in the

Page 21 of 57 TEQR REPORT (RECOMMENDED DETERMINATION OF SIGNIFICANCE): 305 Robbins Lane, Syosset - Syosset Park Warehouse December 15, 2020 ------vicinity of the site. The site access driveways will operate well in the Build condition. It is recommended that a new, traffic actuated traffic signal be installed at the site’s exit to Robbins Lane. This traffic signal should be interconnected to and coordinated with the existing traffic signal to the south. An Evaluation of the Traffic Signal Warrant criteria established in the Federal Manual of Uniform Traffic Control Devices indicates that the proposed traffic signal would be warranted based on Warrant 3 for the Peak Hour operation. With the development of the access plan as proposed and the construction of the proposed traffic signal, it is not anticipated that the proposed development of the site will lead to an undue increase in the rate of accident occurrence in the study area. A microsimulation analysis was prepared for the Robbins Lane corridor from Aerial Way south to Miller Place as well as the weaving corridor along Miller Place established by the proposed site access driveways and the on-ramps to the Long Island Expressway. This included the LIRR grade crossing. This microsimulation concluded that the queuing associated with the proposed traffic signal would not significantly impact the at grade crossing or the intersection of Robbins Lane and Miller Place. Additionally, it was determined that the weaving section along Miller Place would operate at an acceptable density. The access points to the adjacent Town DPW facility utilized by sanitation vehicles during the morning hours evaluated will not be significantly affected by the operation of the proposed project. The site plan provides adequate parking for the specified site operation as per Town Code and the site’s internal circulation plan is well designed and will accommodate the site’s operations. Based on the detailed evaluation of the operations of the proposed project summarized herein, the project will not result in any significant negative impacts on the surrounding roadway network and would not have a deleterious effect on the operation of the roadways within the study area.

Transportation Resources Impact Summary and Conclusions Based on the information and analysis provided in the revised Traffic Impact Study, the access configuration depicted on the site plan, and the mitigation measures discussed in the study report, it is our opinion and that of DER’s expert traffic engineering consultants that the traffic generated by the proposed project can be reasonably accommodated on the area roadway network without significant undue impact on operational and safety conditions. This opinion is predicated on the assumption that the site will operate in accordance with the schedule developed by the applicant. Any proposed deviation from that schedule should be evaluated for potential traffic impacts prior to implementation.

LKMA indicated on their memo to DER, dated December 4, 2020, “…based on the information and analysis provided in the revised Traffic Impact Study, the access configuration depicted on the site plan, and the mitigation measures discussed in the study report, it is our opinion that the traffic generated by the proposed project can be reasonably accommodated on the area roadway network without significant undue impact on operational and safety conditions. “ Further at DER’s request, the applicant’s attorney provided assurance via letter dated, December 9, 2020 that the site will operate in accordance with the schedule developed by the applicant as presented in the EEA. Thus, based on the substantiating information provided to DER, and the expert analysis of same reviewed by our licensed traffic engineer, the Department concludes that based on the information presented that the proposed project will not have a significant adverse environmental impact on transportation resources. Again, DER requires that all proposed actions subject to SEQR/TEQR consider transportation impacts in accordance with prevailing regulations to ensure that all potential impacts are thoroughly analyzed and mitigated if necessary during the planning stages. The summary of the TIS, information presented in the EEA narrative, and analysis provided by DER’s expert traffic engineering consultant LKMA regarding transportation resources provided the basis for our conclusions on this issue. As the information reviewed for this parameter was extremely extensive, and this summary is supposed to be a readable document pursuant to SEQR, additional specific detailed information, technical tables, and figures as well as original reports and correspondence are available upon request from DER.

Page 22 of 57 DRAFT TEQR REPORT (RECOMMENDED DETERMINATION OF SIGNIFICANCE): 305 Robbins Lane, Syosset Syosset Park Warehouse December 15, 2020 ------

Impacts on Energy The proposed project includes the redevelopment of a currently vacant property. It is not anticipated that proposed project uses will impose a significant adverse environmental impact associated any demands on existing local energy resources based on analysis of the information provided during the course of environmental review. However, as the Town is now a registered Climate Smart Community, DER requests that every application subject to SEQR/TEQR meaningfully considers incorporation of environmentally sustainable features into the project design. Additionally, as there are commercials boasting the environmental accomplishment and planned sustainability measures pledged by the proposed tenant, DER specifically requested additional information pertaining to green initiative proposed for this site that would benefit the Syosset Community, Town of Oyster Bay, and environment as purported.

Climate Smart Community Principles In conformance with the principles of sustainability, the following climate and environmentally friendly measures have been integrated into the design and operations/future operations of the proposed Syosset Park Warehouse.

Architectural • Use of low-emissivity (Low-E) glazing on windows to minimize UV and infrared light coming through in order to increase energy efficiency • Installation of Insulated overhead doors • Installation of a white thermoplastic polyolefin (TPO) membrane roof with an initial solar reflectance value of 0.75 minimum and 0.65 minimum 3-year. The natural reflectivity of the material deflects UV waves and conserves energy, making it a cool roof Plumbing • Use of low-flow plumbing fixtures • Irrigation zones will be controlled via an EPA WaterSense and Weather-Based irrigation controller(s). The controller(s) will activate the irrigation zones as required based on local weather and landscape conditions, tailoring a watering schedule to the actual conditions found on site. This type of controller allows for watering schedules that are based on the plants’ water needs as compared to a preset, fixed schedule Mechanical • Installation of high-efficiency HVAC equipment • Use of demand control ventilation • Incorporation of single-zone variable air volume (VAV) motors for internal temperature controls to increase energy efficiency • Use of refrigerant Type – R410a for HVAC systems (more environmentally-friendly than other types of refrigerants) Electrical • Incorporation of energy efficient LED lighting (interior and exterior) • Use of lighting controls (including integral occupancy sensors for canopy and parking lot lighting), which will dim lights after a preset time with no-occupancy sensed • Provisions for future on-site power generation through the incorporation of additional structural support for future installation of photovoltaic panels • Incorporation of infrastructure for future electrical vehicle charging of the delivery van fleet

Site Design • Incorporation of landscaped islands throughout the parking lots, including planting of shade trees to reduce heat island effect

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DRAFT TEQR REPORT (RECOMMENDED DETERMINATION OF SIGNIFICANCE): 305 Robbins Lane, Syosset Syosset Park Warehouse December 15, 2020 ------

• Use of green infrastructure, including vegetated drainage reserve areas to minimize impervious surfaces associated with stormwater management • Water quality treatment units will be utilized in the stormwater management design. • These units provide crucial water treatment measures to rid stormwater of pollutants, trash and debris prior to infiltrating back into the ground. • Creation of plant biodiversity through design and installation of a comprehensive planting plan • Drought-tolerant plant species and a drought-tolerant seed mix have been incorporated as xeriscaping measures to reduce the irrigation water demand • With respect to waste, the Tenant is partnering with manufacturers worldwide to invent and redesign sustainable packaging that eliminates waste and ensures packages arrive undamaged. It is also developing new recycling infrastructure, and investing in initiatives that support the recycling industry across the U.S. Additionally, the Tenant’s “Second Chance” program provides, among other items, information on how to recycle certain packaging.

Further, the future tenant has pledged to be carbon neutral by 2040, with 100 percent renewable energy power the facility by 2025. The Tenant has also pledged to make all of its shipments net zero carbon through “Shipment Zero”, with 50 percent of all shipments net zero carbon by 2030. Based on the above, the proposed action is consistent with the overall principles and objectives of the Town of Oyster Bay as a registered New York State Climate Smart Community.

The proposed development includes the construction of bicycle racks and the use of cool roofs on the proposed building. The Landscape Plan includes native flowering trees and enhanced landscape plantings for additional biodiversity and visual interest. Based on the selection of plantings, the resulting plan not only serves to improve the visual aesthetic of the property, but also due to the fact that native species inherently typically use less water as they are adapted to the climatic conditions of their natural environment. Further, it is important to note that the proposed action would actually increase the amount of planned, aesthetically pleasing landscaping as compared to the existing condition. Therefore, the proposed action is consistent with the overall objectives of the Town of Oyster Bay, as a registered New York State Climate Smart Community. Based on the aforementioned, it is anticipated that the proposed action will not have a significant adverse impact on energy resources.

Impacts on Erosion, Flooding or Drainage- The proposed action will disturb approximately 39 acres and is subject to the provisions of the SPDES General Permit for Stormwater Discharges from Construction Activity. Although the SEQR handbook, 4th Edition (specifically page 115) indicates that final stormwater plans are not required prior to the completion of the SEQR process, DER requested that a draft copy be included with the revised EEA in order to provide the requisite hard look pursuant to SEQR. The draft SWPPP was provided and reviewed within the context of potential environmental impacts. Additional and appropriate review from DPW will occur in accordance with all regulatory standards, DER reviewed the document within the context of potential environmental impacts and for review and to ensure that there were no incompatible or inconsistent measures in the SWPPP as compared to the narrative in the EEA and BCP documents regarding same. Also, as part of the BCP process, Roux performed a pre-design investigation (PDI) on June 19, 2020 by collecting soil samples beneath the proposed stormwater infiltration areas. These areas were chosen for stormwater infiltration because they are not located in areas of former site operational activities and were not expected to show any exceedances in NYSDEC criteria for metals or SVOCs. It is noted that NYSDEC has approval authority of the location of the drainage infiltration zones through its review and approval of the RAWP. The purpose of the PDI was to characterize the quality of soil that will remain beneath the proposed stormwater infiltration areas during future use of the subject property. Previous soil samples collected in the vicinity of the proposed stormwater infiltration areas during the 2015 Soil Investigation did not detect analytes in exceedance of NYSDEC CSCOs.

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DRAFT TEQR REPORT (RECOMMENDED DETERMINATION OF SIGNIFICANCE): 305 Robbins Lane, Syosset Syosset Park Warehouse December 15, 2020 ------

The proposed project is not located in a FEMA floodplain area, and as the site has been previously developed it does not contain soils that would be prohibitive for effective stormwater management or site redevelopment. Drainage structures will be upgraded to adequately accommodate applicable regulatory requirements for a five-inch storm event. The stormwater management system is proposed to include subsurface infiltration systems with three drainage reserve areas (DRAs) at grade, which will collect and recharge stormwater to groundwater. The required storage based on a five-inch rainfall for Drainage Area A is 301,001 cubic feet (CF). Storage within Drainage Area A will total about 344,219 CF based on use of a Storm Trap Infiltration System and a DRA, located at the interior of the site between the proposed building and the LIRR tracks. For Drainage Area B, required storage, based on a five-inch rainfall has been calculated at 319,079 CF. Storage provided for Drainage Area B totals approximately 411,538 CF, including use of a Storm Trap Infiltration System and two DRAs, located along Robbins Lane, north of the proposed landscaped frontage. A Stormwater Pollution Prevention Plan (SWPPP) has been prepared by the applicant in accordance with NYSDEC requirements. The SWPPP was submitted to the Town of Oyster Bay for review under Chapter 204 of the Town Code and subsequently will be forwarded to NYSDEC once deemed acceptable by the Town. It is noted that permission is required from the Town during the SWPPP review process to disturb more than five acres and one time. Additionally, two inspections per week are required during site disturbance/construction activity. The amount of soil exposure at one time and the number of active soil stockpiles will be minimized to the maximum extent practicable.

The SWPPP contains a discussion of existing site conditions, the construction schedule and sequence, a spill prevention plan and response procedures, required erosion and sedimentation controls, inspections maintenance and documentation and project stormwater management practices. The erosion and sedimentation control plans and program incorporate best management practices (BMPs) specified by the NYSDEC and complies with the SPDES General Permit for Storm Water Discharges from Construction Activities. Details shown on the plans include silt fencing, stabilized construction entrance, material stockpile areas, concrete truck washout areas, curb inlet sediment control device with curb filter and inlet sediment control device with Dandy Bags.® Erosion and sediment control practices and post-construction water quality and water quantity control practices will be installed, inspected, and maintained as per the NYSDEC Storm Water Management Design Manual (2015) and the NYSDEC Standards and Specifications for Erosion and Sediment Control Practices (2016). Erosion control measures will be installed prior to starting any other work on the subject property.

A comprehensive Planting Plan depicting trees and screening throughout the subject property has been prepared and reviewed by DER. It provides for enhanced biodiversity and visual interest as compared to the current condition. The proposed landscape buffer along Robbins Lane is 20 feet in width, which will allow for substantial plant diversity on the property. Amongst the other plantings, described below, spring flowering trees, flowering shrubs and perennials are included in this buffer to provide both variety and color interest across this street frontage. The landscape buffer along most of Miller Place has a depth of 12 feet. Plant species to be installed will provide variety, as well as textural contrast and spring and fall color interest among the proposed street trees and perennials. The buffer depths, plant variety and color palette will provide screening and visual interest along both street frontages. No landscaping will be greater than 2.5 feet in height on any corners to ensure there is appropriate vehicular visibility. It is noted that the Jericho Water District requires, and the Planting Plans incorporate, xeriscaping (plantings that require little or no irrigation) in order to reduce the amount of irrigation water demand. Moreover, planting beds will contain a drip irrigation system that reduces water consumption, and certain turf areas will incorporate a seed mix that eliminates the need for irrigation in those areas.

It should also be noted that there are a number of complimentary and additional practices that will be deployed as part of the BCP process. The applicant is proceeding with the Brownfield Cleanup Program, as

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DRAFT TEQR REPORT (RECOMMENDED DETERMINATION OF SIGNIFICANCE): 305 Robbins Lane, Syosset Syosset Park Warehouse December 15, 2020 ------evidenced by the notice from the State Department of Environmental Conservation regarding approval and availability of the requisite documents prepared for the site and most recently the draft Alternatives Analysis Report/Remedial Action Work Plan (RAWP) and factsheet regarding same which were recently issued in November 2020. Included in the document repository is the Remedial Investigation Report (RIR), which summarizes the nature and extent of contamination, as determined from data gathered during the historic investigations conducted from 1987 to 2006, 2015 soil investigation, the 2016 groundwater investigation, and the 2017 and 2019 soil vapor and groundwater investigations. The environmental investigations conducted at the site over the past 30 years have generated sufficient data to define the nature and extent of contamination in soil, groundwater, and soil vapor; qualitatively assess the potential exposure of receptors to site contaminants; and support the development of a remedial action work plan. The recently State Department of Environmental Conservation approved RIR specifically states, “Post construction, the Track 4 remedy contemplated for the Site including the anticipated institutional and engineering controls, will completely eliminate the potential for exposure by direct contact with soil exceeding the appropriate soil cleanup objectives (SCOs). This will be properly addressed in the subsequent RAWP.”

Again, as part of the BCP process, the State Department of Environmental Conservation and the State Health Department determined that the site does not pose a significant threat to human health and the environment based on their review of this RIR and decades of testing. Further, included in the RAWP are additional, site specific proactive planning and environmental health and safety documents, including but not limited a health and safety plan (HASP) and a community air monitoring plan (CAMP). As per the State Department of Environmental Conservations correspondence, “The remedy must be protective of public health and the environment and support the safe reuse of the property for its current future intended use.”

Remedial Action Implementation The Remedial Action will consist of the construction of the Site Cover System consistent with the proposed commercial development to eliminate exposure to soils exceeding CSCOs. The Site Cover System will be installed as a component of the building foundation, parking lot and landscaping phases of construction. As part of the Site preparation, clearing of vegetation and regrading of existing soils will be required to level the Site for development. The building will be slab on grade construction and off-Site disposal of existing Site soils is not required for construction. Imported material will be used as necessary for pavement subbase and the final 1-foot soil cover material for landscaped areas. The requirements of Track 4 Remedial Action provide for proper material handling on-Site and, if necessary, for off-Site transportation and disposal.

Soil Cleanup Objectives The SCOs for this Site are the CSCOs for copper and SVOCs. Soil and materials management on-Site and off-Site will be conducted in accordance with the SoMP as described below. Tables of all soil samples that exceed the CSCOs proposed for this Remedial Action and associated plates (Plates 1 and 2 in the EEA and BCP documents) were reviewed by DER as part of the historical contamination examination during the requisite hard look at the proposed action.

Remedial Performance Evaluation The Track 4 Remedial Action consists of a Site Cover System and the implementation and long-term management of engineering and institutional controls. Performance of the Remedial Action will be evaluated by verifying that the Site Cover System is installed in accordance with the RAWP. Prior to the remedial construction, the Remedial Engineer will review all engineering drawings and details, import material specifications, and import soil quality data to confirm compliance with the RAWP. The Remedial Engineer will oversee, document, and inspect the installation of the Site Cover System. The Site Cover System will be surveyed and as-builts will be prepared as described in the RAWP. Confirmation soil sampling will not be performed because remedial excavation and soil removal is not included in the Remedial Action. A

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DRAFT TEQR REPORT (RECOMMENDED DETERMINATION OF SIGNIFICANCE): 305 Robbins Lane, Syosset Syosset Park Warehouse December 15, 2020 ------substantial amount of soil samples (218 samples) were collected at the Site during the 2015 Investigation, which is representative of soil quality beneath the Site Cover System. In addition, excavation proposed for stormwater infiltration structure installation will not be located in former operational areas. As described in Section 2.8, there were no concentrations of COCs that exceeded the NYSDEC CSCOs and PGWSCOs in any of the soil samples collected during the PDI, which are representative of the proposed stormwater infiltration zones.

Proposed Engineering and Institutional Controls The Track 4 Remedial Action is designed to eliminate exposure to soil exceeding the CSCOs through the installation of a Site Cover System across the entire Site. Institutional Controls and Environmental Controls will be used to ensure that after the Remedial Action is complete, the soil exceeding CSCOs that remains beneath the Site Cover System will not endanger human health or the environment. Long-term management of EC/ICs and of soils in exceedance of CSCOs will be implemented under a Site-specific SMP that will be developed for the Site. ECs will be implemented to protect public health and the environment by appropriately managing soils in exceedance of CSCOs. The ECs and ICs proposed for the Remedial Action are described in Sections 6 and 7.

Estimated Material Removal Quantities No on-Site soils are scheduled to be excavated and transported off-Site for disposal. Trees and shrubs removed during clearing will be properly disposed off-Site.

Soil/Materials Management Plan (SoMP) and Soil Stockpiling The SoMP will be implemented during the Remedial Action as described in the RAWP in accordance with the provisions and oversight of NYSDEC and NYSDOH. Stockpiling of soil is expected to be minimal as the majority soil grading is expected to be completed using bulldozer equipment. Stockpiles, as needed, will be inspected at a minimum twice each week (separated by a minimum of two full calendar days) and after every storm event. Results of inspections will be recorded in a logbook and maintained at the Site and available for inspection by NYSDEC. Stockpiles will be limited to 16 feet in height above surrounding grade to help manage windblown dust coming off the piles. Primary soil stockpile areas will be covered with polyethylene sheeting and continuously encircled with silt fences. Inlet protection covers will be used as needed near catch basins, and other discharge points. Water will be available on-Site at suitable supply and pressure for use in dust control. It is also important to note that in addition to the provisions of the RAWP the applicant is also subject to comply with any comments on the SWPPP in accordance with the SPDES General Permit for Stormwater Discharges from Construction Activities and Town Code regarding soil stockpile heights and dust control provisions among other best management practices which may be further restrictive and protective of the environment. DER believes that these measures and multiple planning documents reduce and or eliminate the potential for potential adverse impacts from wind erosion from soil stockpiles.

Transportation and Off-Site Disposal No excavated soil is anticipated to be disposed off-Site during implementation of the Remedial Action. Removal and disposal of removed vegetation to a registered recycling facility will be required. To the extent practical, vegetation removed during Site preparation will be segregated from Site soils through temporary staging prior to off-Site disposal. All transport of materials will be performed by licensed haulers in accordance with appropriate local, State, and Federal regulations, including 6 NYCRR Part 364. Haulers will be appropriately licensed and trucks properly placarded. All trucks loaded with Site materials will exit the vicinity of the Site using only these approved truck routes. Trucks will be prohibited from stopping and idling in the neighborhood outside the project Site. Off-Site queuing will be minimal, considering the Site is large in area and currently undeveloped. Locations where vehicles enter or exit the Site shall be inspected daily for evidence of tracking soil off the Site. Cleaning of the adjacent streets will be performed as needed to

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DRAFT TEQR REPORT (RECOMMENDED DETERMINATION OF SIGNIFICANCE): 305 Robbins Lane, Syosset Syosset Park Warehouse December 15, 2020 ------maintain a clean condition with respect to Site-derived materials. If necessary, a truck wash will be operated on Site.

Materials Reuse On-Site As a part of the preparation for the Site Cover System construction, regrading of existing soils will be required to level the Site. In addition, excavation will be required for stormwater infiltration structures, other utility installation, and building footings. All relocated soil will be reused on-Site beneath the asphalt parking and site road areas of the Site Cover System. As discussed in Section 2.8, soil samples were collected from the five proposed stormwater infiltration areas during the pre-design investigation, with the results indicating no exceedances of the CSCOs or PGWSCOs. Soil excavated for the stormwater infiltration structures will be reused for backfilling the proposed stormwater infiltration areas. However, relocated soil generated from outside of these proposed areas will not be reused within the stormwater infiltration areas. All soil/material management will be inspected by qualified field personnel as defined in the RAWP. Although unanticipated, if unexpected buried structures or visual/olfactory impacts are observed within soil proposed for on-Site reuse, the material will be stockpiled separately on polyethylene sheeting, characterized and disposed properly in accordance with the RAWP. Stockpiles will be routinely inspected and managed as required. The Remedial Engineer will ensure that procedures defined for materials reuse in this RAWP are followed and that unacceptable material will not remain on-Site. Organic matter (wood, roots, stumps, etc.) or other solid waste derived from clearing and grubbing of the Site is prohibited for reuse as backfill on-Site. Processed wood chips may be reused for temporary erosion control purposes as approved by the Remedial Engineer.

Demarcation After the completion of soil grading and any other subsurface material removal, if required, and prior to placement of the cover materials, a land survey will be performed by a New York State licensed surveyor. The survey will define the top elevation of soils in exceedance of CSCOs. A physical demarcation layer, consisting of orange snow fencing material or equivalent material will be placed under landscaped areas, beneath the 1-foot clean soil cap. For paved areas, the underside of the pavement sub-base will act as the demarcation layer. The demarcation layer will constitute the top of the ‘Residuals Management Zone’, the zone that requires adherence to special conditions for disturbance of soils that exceed CSCOs and will be defined in the SMP. The survey will measure the grade covered by the demarcation layer before the placement of cover soils, pavement and sub-soils, structures, or other materials. This survey and the demarcation layer placed on this grade surface will constitute the physical and written record of the upper surface of the ‘Residuals Management Zone’ in the SMP. A map showing the survey results will be included in the FER and the SMP.

Backfill from Off-Site Sources All materials proposed for import onto the Site will be approved by the Remedial Engineer and will be in compliance with provisions in the RAWP prior to receipt at the Site. Clean fill meeting the requirements of 6 NYCRR Part 375-6.7(d) will be brought in to establish the designed grades at the Site. Sampling of backfill material will be completed in accordance with the QAPP. All imported soils will meet NYSDEC approved backfill or cover soil quality objectives for this Site. The NYSDEC-approved backfill or cover soil quality objectives for the Remedial Action are the lower of the NYSDEC protection of groundwater and protection of public health for residential use SCOs as set forth in Table 375-6.8(b) of 6 NYCRR Part 375. Additionally, backfill and cover soil imported to the Site will be tested for 1,4-dioxane and per- and polyfluoroalkyl substances (PFAS) contamination in general conformance with DER-10, Section 5.4(e). A Data Usability Summary Report (DUSR) will be prepared to summarize validation of PFAS analytical data and provided to NYSDEC in accordance with the QAPP (and backfill SCOs as noted). Non-compliant soils will not be imported onto the Site without prior approval by NYSDEC.

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DRAFT TEQR REPORT (RECOMMENDED DETERMINATION OF SIGNIFICANCE): 305 Robbins Lane, Syosset Syosset Park Warehouse December 15, 2020 ------

As specifically noted in the draft SWPPP, the proposed storm water management system for the project will comply with state and local storm water management requirements. Local ordinance requires minimum storage and infiltration of the runoff from a five (5)-inch rainfall over the entire proposed project area. The storm water management design for the project site will ensure that storm water runoff will be captured on site and recharged directly into the ground. Existing site conditions allow for stormwater to sheet flow over the property to low lying depressions and infiltrate directly into the ground or leave the site. Under proposed conditions, the site is broken up into two drainage areas, Drainage Area “A” and Drainage Area “B” as shown in the project site plans which were reviewed by DER and are available upon request. The proposed storm water management systems for drainage areas A and B is comprised of four smaller drainage pipe networks, two of these networks serve Drainage Area A and the other two serve Drainage Area B. These networks consist of interconnected catch basins, drainage manholes, and drainage reserve areas to capture surface runoff and convey it to two separate Storm Trap-Double Trap infiltration systems which will store the runoff and recharge it into the ground. Portions of Drainage Area “A” and Drainage Area “B” are directed first to drainage reserve areas which have been designed as overflows while also providing additional storage capacity to the larger Storm Trap infiltration systems. Drainage weirs have been designed for all three drainage reserve areas to provide controlled overflow measures and ensure that the peak elevations during the 100-year storm event do not exceed the high-water lines of the drainage reserve areas. Prior to entering the Storm Trap systems, stormwater will enter four individual Site Saver Units produced by Storm Trap (two Site Saver Units per Storm Trap Double Trap system) where the water quality volume will be treated prior to entering the Storm Trap-Double Trap systems. The Site Saver Units provide crucial water treatment measures to rid stormwater of pollutants, trash and debris before infiltrating back into the ground.

The excess in storage volume provided is to ensure peak storm water runoff from the 100-year storm event will not be discharged off-site, via storage and infiltration into the ground. Calculations for the 100-year storm event are provided in Attachment E. The proposed development will not have any impacts of runoff onto the adjacent properties. Attachment B includes site plans and details relative to the project for reference. Groundwater information is provided within the geotechnical engineering report, included in Attachment C. In summary, groundwater elevations range from approximately El. 81 to El. 93, roughly 100 feet below grade. Based on the information provided by the applicant, it is not anticipated that the proposed action will result in any significant adverse environmental impacts to pertaining to on-site erosion and sediment control and overall effective stormwater management.

Topography and Soils The existing topography is generally flat at the interior of the site however the site is generally depressed at lower elevations than when compared to the adjacent properties and roadway elevations. The perimeter of the site ranges from approximately El. 194.00 at the northern property corner to approximately El. 178.00 at the southern property corner. The interior of the site sits mostly at an approximate elevation of 185.00 with low lying depressions located at the north, south, and south east corners of the site which have respective elevations of approximately 183.00, 174.00, and 177.00. Except where noted above, the subject property is lacking topographic relief – there are no steep slopes, or unique geological features that would have the potential to impact appropriate construction and redevelopment activities as part of the proposed action. This section is specific to the impact to the existing soil conditions, issues pertaining to dust mitigation and air quality, and contaminants sorbed to soils are discussed in human health and safety and the subsections where appropriate. As it pertains to SEQR, there are no particularly unique geologic features on site or unique soil features that would hinder site redevelopment as evidenced by the extensive on-site testing, past development, and numerous soil borings and geotechnical report prepared for the site. As long as the proper regulatory procedures are adhered to in accordance with the prevailing standard requirements, it is not anticipated that the proposed action with have an adverse impact on soils and topography.

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DRAFT TEQR REPORT (RECOMMENDED DETERMINATION OF SIGNIFICANCE): 305 Robbins Lane, Syosset Syosset Park Warehouse December 15, 2020 ------

Flora and Fauna - The subject property is currently vacant and is characterized by developed with a mix of impervious surfaces and vegetated areas. The site will be improved with enhanced landscaping and species diversity. As previously indicated, the planting plan includes a substantial diversity of trees, shrubs and groundcover throughout the subject property. The proposed landscape buffer along Robbins Lane is 20 feet in width, which will allow for substantial plant diversity on the property. Amongst the other plantings, spring flowering trees, flowering shrubs and perennials are included in this buffer to provide both variety and color interest across this street frontage. The landscape buffer along most of Miller Place has a depth of 12 feet. Plant species to be installed will provide variety, as well as textural contrast and spring and fall color interest among the proposed street trees and perennials. The buffer depths, plant variety and color palette will provide screening and visual interest along both street frontages. There are no particularly sensitive or protected species inhabiting the site, nor is the site characterized by any ecologically significant habitat designation to support such species. Residents are often concerned about rat infestation as a result of redevelopment activities. Rodent inspections are under the jurisdiction of Nassau County, and measures must be in place for this project as applicable to all others. As such, it is not anticipated that there will be significant adverse impacts to flora and fauna as a result of the proposed project.

Surface Waters – The subject property does not contain, nor lie in the vicinity of, any surface water body. The proposed project entails installation of landscaped areas and new drainage system that will improve groundwater infiltration and ultimately decrease stormwater runoff as compared to the existing condition. During construction activity for the upgraded landscaping, site disturbance will be managed in accordance with all requirements. Erosion and sediment control measures and best management practices will be utilized to ensure that there are no adverse environmental impacts during construction activity. As previously noted, DER review the draft SWPPP prepared for the site as part of the EEA submittal, it should be noted that the following protective measure as a minimum will be deployed. The general requirements (Part II. C. 1-5) for Owners/Operators with permit coverage include the following:

• Ensure all provisions of the SWPPP are implemented from the commencement of construction activity until all areas of disturbance have achieved final stabilization and the Notice of Termination (NOT) has been submitted. • Maintain a copy of the General Permit (GP-0-20-001), NOI, NOI Acknowledgement Letter, SWPPP, MS4 SWPPP Acceptance Form (if applicable) and inspection reports at the construction site. • Written authorization from NYSDEC or the regulated, traditional land use control (MS4) must be received prior to construction activity that will disturb greater than five acres of soil at one time. • Notify the regulated traditional land use control MS4, in writing, of any amendments or modifications to the post construction management practice component of the SWPPP, if applicable. • Amendments to SWPPP documents shall be noted in the Amendment Log in the SWPPP • The NYSDEC has the right to suspend or revoke an Owner/Operator coverage under the General Permit at any time if the NYSDEC determines that the SWPPP does not meet the permit requirements. • Prior to construction, the Owner/Operator (under the supervision of a licensed Engineer/Landscape Architect or NYSDEC Certified Inspector), must complete the following: o Certify that they have read and understand the terms of the SPDES Permit. o Review this manual and coordinate any revisions with the Licensed Engineer who prepared the SWPPP. o Review location and types of sedimentation and erosion control materials as shown on the approved Soil Erosion and Sedimentation Control Plans.

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DRAFT TEQR REPORT (RECOMMENDED DETERMINATION OF SIGNIFICANCE): 305 Robbins Lane, Syosset Syosset Park Warehouse December 15, 2020 ------

o Designate areas for stockpiles, sanitary facilities, dumpsters, wash-down, laydown and construction trailers and appropriate erosion and sedimentation control features, which shall be approved by the Licensed Engineer, Landscape Architect, or the NYSDEC Certified Inspector. o Identify the trained demolition contractors, site contractors and subcontractors that will be responsible for the implementation of the SWPPP and any post construction storm water management practices, if exists. A trained contractor should be on site daily when soil disturbance activities are being performed. o Designate project contact person(s) and include contact information.

The SWPPP is a dynamic document and must be continually updated by the Owner/Operator, under the supervision of a licensed Engineer/Landscape Architect or NYSDEC Certified Inspector, throughout construction in accordance with Part III.A.4. It is the responsibility of the Owner/Operator, under the supervision of a Licensed Engineer/Landscape Architect or NYSDEC Certified Inspector, to update the manual and perform the activities herein, including, but not limited to:

• Perform inspections and maintenance as designated in this manual, and as required as the project progresses • Prepare and certify inspection reports and include reports in the SWPPP. • Request revisions to plans, as necessary, to denote major site changes and/or changes in the site BMPs. • Request revisions to plans to reflect changes in stockpile, sanitary facility, laydown and other site areas. • Maintain schedule of dates of major earthwork, stabilization and/or erosion control installations. • Document any spills. • Document off-site sedimentation resulting from this construction. • Document the final construction conditions

The following documents will need to be inserted prior to the submission to the NYSDEC:

• Signed Certification form from Contractors and Subcontractors • Signed Notice of Intent • Signed MS4 SWPPP Acceptance Form, if applicable • Final approved site plans including the Erosion Control Plan • Phasing or construction schedule

The Owner/Operator, under the supervision of a Licensed Engineer, Landscape Architect, or NYSDEC Certified Inspector, must update the SWPPP throughout construction, until a Notice of Termination (NOT) Form has been submitted to the NYSDEC. From the date of submittal of the NOT form, the SWPPP documents must be maintained by the site operator for a period of five years from the date of final stabilization of the site. Any changes to the approved Erosion Control Plan must be coordinated with a Licensed Engineer. Further, in light of the Town’s status as a registered Climate Smart Community, DER requested that that applicant meaningfully consider incorporation of green infrastructure measures into the proposed site design previously discussed in this report. While there are no surface waters in the immediate vicinity of the site, the landscaping improvements constitute and overall benefit to the community and do not contribute to any adverse impacts to surface waters.

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DRAFT TEQR REPORT (RECOMMENDED DETERMINATION OF SIGNIFICANCE): 305 Robbins Lane, Syosset Syosset Park Warehouse December 15, 2020 ------

As per the latest New York State Storm Water Management Design Manual, Planners and Designers must apply runoff reduction techniques as part of a comprehensive storm water management planning process. This process is intended to help maintain the pre-construction hydrologic conditions of the site using green infrastructure practices to reduce the post construction runoff from the site and reduce the need for treatment. The applicant also documented the six-step planning process detailed in the NYS Storm Water Management Design Manual as required.

In conclusion, given the numerous protective planning provisions and mandatory inspections during soil disturbance, it is DER’s contention that as long as all provision of the requisite permitting conditions are followed, there is no potential for adverse impacts to stormwater management, drainage or flooding in the Town of Oyster Bay.

Groundwater/ Special Groundwater Protection Area (SGPA)/Critical Environmental Area (CEA) The subject property is not located in the SGPA or in any other area designated as a CEA by the Town of Oyster Bay. The subject development proposes a comprehensive stormwater infrastructure system to collect, treat, and leach stormwater. The site will be improved to effectively retain stormwater runoff from a 5-inch rainfall event. Further, as noted in the draft RAWP (5.4.4 Fluids Management), due to the depth of groundwater at the Site, dewatering will not be required, and fluids generation is expected to be minimal, if any. All liquids to be removed from the Site, if any will be handled, transported and disposed in accordance with applicable local, State, and Federal regulations. Groundwater issues are discussed thoroughly in various section of this Report in terms of historical testing and health and safety impacts, see appropriate detailed discussion included in this Report. Based on review of the New York State Department of Environmental Conservation (NYSDEC) Environmental Resource Mapper database, there are no existing records for rare/protected plants or wildlife species on or adjacent to the project site (the EEA includes the Endangered Species and Critical Habitat Map).

Air Quality, Odors

The Town is extremely sensitive and acutely aware of the community’s concerns regarding potential impacts to air quality as a result of the proposed action, not only during project operations, but also during disturbance of soils during construction activity. DER not only reviewed the BCP documents, but also the draft SWPPP prepared for the site within the EEA, and conducted numerous conversations with NYSDEC Air Quality Division regarding the proposed action and current relevant industry standards and guidance documents regarding both construction activities and cumulative impacts from mobile and stationary sources (upon full build-out). The following summary is the culmination of our evaluation of the proposed action and the proposed action involves site improvements and a proposed use that is similar to the existing use and therefore is not anticipated to have any significant impacts as it pertains to air quality impacts. It is unlikely that the site would generate significant odors that would constitute a significant adverse impact.

Minor impacts may occur during construction activity; however, best management practices will be deployed in order to provide sufficient dust mitigation and soil and erosion and sediment control measures as it pertains to dust suppression and potential temporary minor air quality impacts. Standard odor and dust control measures will be deployed during construction activities as needed. If nuisance dust emissions are identified, work will be halted and the source of dusts will be identified and corrected. Work will not resume until all nuisance dust emissions have been abated.

As the proposed facility will receive trailer truck deliveries and will include van deliveries, as well as the use of personal vehicles, the Applicant performed an air quality screening analysis to determine the potential impacts associated with both the stationary HVAC equipment on the building and traffic

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DRAFT TEQR REPORT (RECOMMENDED DETERMINATION OF SIGNIFICANCE): 305 Robbins Lane, Syosset Syosset Park Warehouse December 15, 2020 ------emissions generated by the operations of the proposed warehouse. Results of the screening analysis show that detailed modeling is not required, and the operations of the proposed project will not have a significant impact on ambient air quality. The regional emissions for ozone precursors and GHG were also assessed and found to be minor. Effects of construction of the project are expected to be minimal and further reduced by standard mitigation measures.

The purpose of the air quality study is to assess whether the proposed project complies with the 1990 Clean Air Act and its Amendments and follows the EPA, NYSDEC and the NYSDOT policies and procedures. Potential air quality impacts from the proposed development may come from the following sources:

• Heating, ventilating and air conditioning (HVAC) systems in the warehouse building • Mobile sources generated by the proposed development • Parking areas on the property near the proposed warehouse.

Regulatory Framework The EPA promulgated the National Ambient Air Quality Standards (NAAQS) following the requirements of the Clean Air Act to protect public health and the environment. The NAAQS are set for the six pollutants, called “criteria” pollutants, ozone (O3), carbon monoxide (CO), nitrogen dioxide (NO2), sulfur dioxide (SO2), particulate matter less than 10 microns in diameter (PM10) and less than 2.5 microns in diameter (PM2.5), and lead (Pb). New York State adopted similar standards for these criteria pollutants with the exception of sulfur dioxide, particulates, fluorides, and hydrogen sulfide. There are no specific local air quality standards for the Town of Oyster Bay and, therefore, the NAAQS are the criteria that the project will need to adhere to.

Air Quality Standards Ambient air quality is affected by air pollutants produced by both motor vehicles and stationary sources. Emissions from motor vehicles are referred to as mobile source emissions, while emissions from fixed facilities are referred to as stationary source emissions. Ambient concentrations of CO are predominantly influenced by mobile source emissions. Particulate matter (PM), volatile organic compounds (VOC), and nitrogen oxides (nitric oxide and nitrogen dioxide, collectively referred to as NOx) are emitted from both mobile and stationary sources. Fine PM is also formed when emissions of NOx, sulfur oxides (SOx), ammonia, organic compounds, and other gases react or condense in the atmosphere. Emissions of sulfur dioxide are associated mainly with stationary sources, and some sources utilizing non-road diesel such as large international marine engines. On-road diesel vehicles currently contribute very little to SO2 emissions since the sulfur content of on-road diesel fuel, which is federally regulated, is extremely low. Ozone is formed in the atmosphere by complex photochemical processes that include NOx and VOCs.

In accordance with the requirements of the Clean Air Act (CAA), as amended 1990, the U.S. Environmental Protection Agency (EPA) has promulgated National Ambient Air Quality Standards (NAAQS) (40 CFR part 50) for pollutants considered harmful to public health and the environment. The Clean Air Act established two types of national air quality standards. Primary standards set limits to protect public health, including the health of sensitive populations such as sick, children, and the elderly. Secondary standards set limits to protect public welfare, including protection against decreased visibility, damage to animals, crops, vegetation, and buildings.

DER specifically requested additional information and analysis regarding potential air quality impacts to the surrounding community regarding, short-term, long-term, and cumulative impacts. The closest sensitive receptor to the western entrance on Robbins Lane, the Robbins Lane Community Park, more than 160 feet away on the other side of the LIRR tracks. This entrance will be used by the diesel trailer trucks. Few

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DRAFT TEQR REPORT (RECOMMENDED DETERMINATION OF SIGNIFICANCE): 305 Robbins Lane, Syosset Syosset Park Warehouse December 15, 2020 ------trailer trucks are projected to come to the proposed warehouse; the peak hour volume is expected overnight, and the total volume should not exceed 49 trucks per day (98 two-way trips). The eastern access on Robbins Lane used by delivery vans and trailer trucks as an exit is at least 800 feet away from the park. Entrances on Miller Place are proposed to be used by employees and delivery vans, separately. Residential development is no closer than 450 feet to these access points. Pollutants of concern from the on-road mobile sources are carbon monoxide and particulate matter. Particulate matter is a pollutant of concern mostly from the diesel vehicles.

Carbon Monoxide The current levels of CO in New York State are very low. Maximum monitored concentrations in Queens where traffic levels are much higher than in Syosset constitute only four percent of the one-hour standard and twelve percent of the eight-hour standard. There is a big window between the background levels and the standards, which is extremely unlikely to be exceeded from the impacts of the parking lot. In addition, CO levels fall very quickly with distance from the source. CO impacts from the parking areas will be very small at 160 feet and imperceptible after 300 feet away from a parking lot. The proposed project’s parking lot circulation driveways and entrances, the most active areas of the proposed parking, are located at least 160 feet away from the sensitive land uses. No significant CO impacts are anticipated from the parking areas of the proposed project.

Particulate Matter. Nassau County is part of a larger PM2.5 maintenance area, which means that particulate matter, especially fine particulates, PM2.5, are of concern. However, the volume of trucks generated by the proposed project is very small compared with the EPA-recommended thresholds. Additional information can be found in, “Transportation Conformity Guidance for Quantitative Hot-Spot Analyses in PM2.5 and PM10 Nonattainment and Maintenance Areas” (November 2015) United State Environmental Protection Agency. In accordance with the provisions of applicable regulations and guidance documents, no significant air quality impacts are expected from vehicles at the parking areas of the proposed development.

Intersection Hot Spot Analysis The proposed project will generate vehicular trips that will affect local roadways and have a potential to impact localized air quality levels. Since project-related traffic is expected to be predominantly gasoline- fueled, it is anticipated that it will potentially impact the local CO levels. Truck traffic volume generated by the proposed project will be low and is not expected to affect the local PM2.5 levels. The highest CO impacts from the local traffic usually come from the intersections. The localized intersection hot-spot analysis followed the guidelines described in the EPA’s modeling guidance and the NYSDOT TEM. The CO screening analysis was conducted to determine which of the affected intersections will be significantly impacted, if any. This analysis followed the TEM three-step process in accordance with the United States Environmental Protection Agency, Office of Air Quality Planning and Standards, Technical Support Division. Guideline for Modeling Carbon Monoxide from Roadway Intersections. Research Triangle Park, NC; EPA-454/R-92-006 (Revised); September 1995 and New York State Department of Transportation, The Environmental Manual, Chapter 1.1, Air Quality, Environmental Analysis Bureau, Last updated on April 2018.

Level of Service Screening The level of service (LOS) screening analysis checks the signalized and unsignalized intersections affected by the project and excludes intersections with the LOS A, B and C under Build conditions from the further analysis unless there are specific sensitive land uses nearby. A total of 10 signalized and 3 unsignalized intersections were analyzed for the two weekday peak periods, AM and PM, and the Saturday Midday

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DRAFT TEQR REPORT (RECOMMENDED DETERMINATION OF SIGNIFICANCE): 305 Robbins Lane, Syosset Syosset Park Warehouse December 15, 2020 ------period. Three different intersections in two time periods failed the LOS level of screening (i.e., they were LOS D, E or F) and were carried to the next level of screening (see Table below).

Intersections with LOS D or Worse Intersection Time Period Level of Service Jericho Turnpike & S Oyster Bay Road/Jackson Ave Weekday AM Peak D Jericho Turnpike & S Oyster Bay Road/Jackson Ave Saturday Midday D South Oyster Bay Road & Woodbury Road Saturday Midday D Miller Place at East Site Access Driveway Weekday AM Peak D

Capture Criteria Screening Intersections with LOS D, E and F were analyzed to screen against the following criteria: 1) 10 percent decrease in source-receptor distances 2) 10 percent or more increase in traffic volume 3) 10 percent increase in vehicle emissions from the No Build to Build condition; 4) Increase in number of queue lanes 5) A 20 percent reduction in speed, when the estimated Build speed is at or less than 30 mph.

Results of the capture criteria screening were evaluated and reviewed; all intersections passed this level of screening except the East Site Access Driveway and Miller Place intersection. This intersection failed the volume increase threshold in the Weekday AM time period.

Volume Threshold Screening The next level of screening under the NYSDOT guidance is to check against the volume thresholds. These thresholds were developed by the NYSDOT to ultimately determine whether an intersection needs a detailed air quality analysis of the air quality impacts. This criterion ties volumes with the free flow and queue emission factors. If the approach in question has lower volume than in the NYSDOT table, emissions from this approach will be low enough not to have the potential for an adverse air quality impact. Volumes at the approaches to the selected intersection are predicted to be much lower than the NYSDOT’s 4,000- vehicles-per-hour threshold. This means that detailed modeling of this intersection will not be necessary and that no significant adverse CO impacts are expected from the proposed intersection of Miller Place at East Site Access Driveway. This conclusion is logical based on the fact that CO emissions from modern vehicles equipped with a catalytic converter are very low, which is supported by the monitoring data . It is reasonable to conclude that there would be no adverse CO impacts from creating an intersection with a peak volume of 200 vehicles. As demonstrated, there will be no significant adverse air quality impact on the South Grove Elementary School from the mobile sources or from the HVAC emissions, and thus, no cumulative air quality impact from these sources.

Ozone Tropospheric, near-ground ozone is created by chemical reactions between oxides of nitrogen and volatile organic compounds in the presence of sunlight. Ozone is likely to be higher in the summer months and in the urban environment. It can be transported to long distances by wind. Because of that quality ozone pollution is studied on a regional, mesoscale basis. On a project-level, ozone is usually assessed by estimating emissions of ozone precursors, NOx and VOC. The tri-state area, New York-Northern New Jersey-Long Island, NY-NJ-CT, is non-attainment for ozone standards. As a result of not conforming to ozone standards, the states has to develop State Implementation Plans (SIPs) to outline measures that will control ozone pollution within their jurisdiction. As part of the SIP, states have to prepare emission inventories that would include emissions from existing sources and the proposed projects. In the non- attainment areas in order to conform to SIP, federal actions (with certain exceptions) have to demonstrate

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DRAFT TEQR REPORT (RECOMMENDED DETERMINATION OF SIGNIFICANCE): 305 Robbins Lane, Syosset Syosset Park Warehouse December 15, 2020 ------that increase in emissions that they cause is less than de minimis emission levels listed in the General Conformity Rule for ozone (i.e., EPA requirements for ozone). Nassau County is in serious non-attainment area for one of the ozone standards and therefore ozone de minimis thresholds for NOx and VOCs are 50 tons per year each. This project is not a federal action, it does not have the regional significance to be included into the SIP and it does not need to demonstrate compliance with the General Conformity rule. However, in order to determine whether the proposed warehouse emissions impact ozone levels, a comparison with the de minimis levels was made for the NOx and VOC emissions generated by the project. The main source of NOx and VOC emissions are project-generated diesel truck trips. The table below presents total emissions from the diesel trucks generated within the study area. These emissions were calculated based on the highest emissions factors for long-haul trucks using latest version of the EPA mobile source emission model, MOVES, and the estimate of the vehicle miles driven by these trucks in the study area in the calendar year period. As the table shows, emissions generated by the proposed project are very low in comparison to the de minimis thresholds. Thus, no significant adverse impacts on ozone concentrations are expected.

Annual NOx and VOC Emissions from NOx (tons/yr) VOC (tons/yr) Projected Diesel Trucks (tons) Pollutant Emissions 0.48 0.03 General Conformity De Minimis Thresholds 50 50

Greenhouse Gases (GHG) According to NYSDEC, the main sources of GHG in the New York State are transportation, buildings’ heating and cooking, use of electricity, waste processing and industrial sources. However, over the past decade the power sector in NY State reduced GHG emissions so much, that New York State became one of the cleanest in the nation, leaving transportation as the biggest generator of GHG emissions. As transportation is an integral component to the proposed action, DER specifically requested that the applicant analyze and evaluate potential air quality impacts not only during construction activity, but after full build out with all sources identified and analyzed. The information was provided as requested, and summarized herein.

New York State works on reducing GHG emissions from buildings, food waste, transportation and other sectors. New York State Energy Plan along with private sector innovation calls for reduction of GHG emissions in the state by 40 percent from the 1990 levels by 2030. This reduction would include using renewable energy sources to generate 50 percent of energy in the state and 23 percent decrease in energy consumption in buildings compared with the 2012 levels. The ultimate goal for the State according to the Climate Leadership and Community Protection Act (CLCPA) is to reduce GHG emissions from the 1990 level by 85 percent by 2050. In order to achieve these goals, the State came up with many initiatives to reduce emissions from the transportation sector, the biggest contributor in the State, from buildings, the biggest consumers of energy, and with the plan to reduce methane emissions. NY State is also working on the policy to reduce hydrofluorocarbons (HFCs), potent GHGs.

The State initiatives to reduce transportation GHG emissions are coupled with conversations with stakeholders and participation in the regional initiatives. The NY State initiatives to reduce transportation emissions include creating electric vehicle charging infrastructure and investing in cleaner transportation. Reductions in buildings energy consumption, both electrical and thermal, are achieved through NY Power Authority’s BuildSmart program, New York State Energy Research and Development Authority (NYSERDA) home and commercial energy efficiency programs and through promoting cogeneration of heat and power. Overall, according to the latest NYS GHG Inventory, total GHG emissions in the New York State

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DRAFT TEQR REPORT (RECOMMENDED DETERMINATION OF SIGNIFICANCE): 305 Robbins Lane, Syosset Syosset Park Warehouse December 15, 2020 ------fell by 13 percent in 2016, compared with 1990 (New York State Greenhouse Gas Inventory: 1990-2016, Final report, July 2019).

Air quality impacts of the Proposed Project can be assessed on both a local and a regional level. The local impacts are impacts generated by the localized sources and influence concentrations at the sensitive receptors located near the project site. Impacts of HVAC and mobile sources are analyzed on a local scale, while concentrations of greenhouse gases and ozone were assessed regionally.

HVAC System The subject property is located in the Town’s Light Industry zoning district. The closest sensitive land uses to the proposed site are the Robbins Lane Community Park, South Grove Elementary School, the Oyster Bay Animal Shelter, M.A.T.S.S. Day Care and single-family residential development (see Figure 29). The proposed warehouse building will have several HVAC (Air Handler) units located on the roof. Emissions from these units could potentially impact air quality at the listed sensitive receptor sites. However, it is unlikely that the impacts from the HVAC Air Handler Units emissions will be significant since the closest residences to the exhaust locations are about 750 feet away and the South Grove Elementary School is over one-quarter mile away.

Mobile Sources Impacts of the localized mobile sources are usually assessed under the project-level Transportation Conformity process that governs air quality planning for transportation projects.15 The acceptable air quality analysis procedures for transportation projects in the State of New York were established by the New York State Department of Transportation (NYSDOT) in the Environmental Procedures Manual (TEM).16 TEM provides comprehensive guidance for addressing transportation projects’ air quality issues for NYSDOT- sponsored projects as well as for projects that are not sponsored by NYSDOT. Provided in this section is the air quality assessment of the impacts from vehicular emissions at the proposed facility’s parking lot and from the trips generated by the project.

Parking Gas-fueled vans, diesel trucks and employee cars are expected to park at the site’s parking areas. The entrances/exits to the site parking lot are proposed to be on the Robbins Lane across from the NYSDOT maintenance facility and electrical substation and on Miller Place.

GHG Summary Again, the Town of Oyster Bay is a registered New York State Climate Smart Community and DER specifically requests that all applicants subject to SEQR/TER demonstrate meaningful consideration and incorporation of green features where reasonably feasible. The applicant provided measures to reduce greenhouse gases including increasing energy-efficiency by installing low-emissivity glazing on windows, white thermoplastic polyolefin (TPO) membrane roof, high-efficiency HVAC equipment, LED visual and more. The project is planning for future on-site power generation through the incorporation of additional structural support for installation of photovoltaic panels, which will significantly reduce GHG emissions from the project. Additionally, the proposed development will incorporate infrastructure for future electrical vehicle charging of the delivery van fleet, which would significantly reduce vehicle emissions.

Further, Greenhouse gas reduction measures partially intersect with the dust and diesel reduction measures. For instance, using electrical equipment instead of diesel-fueled will reduce fine particulate emissions and may also reduce GHG. GHG reduction measures for construction are not limited to reducing direct and indirect emissions, but also typically include reduction in the life cycle GHG emissions. Several GHG reduction measures are proposed by the Applicant, including the reuse of existing pavement for recycled

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DRAFT TEQR REPORT (RECOMMENDED DETERMINATION OF SIGNIFICANCE): 305 Robbins Lane, Syosset Syosset Park Warehouse December 15, 2020 ------concrete aggregate and reclaimed asphalt pavement for use as base and paving material during construction, as well as the planting of a substantial number of trees and other vegetation on the site after construction. Overall, GHG emissions generated by the project are expected to be minimal compared to the total Long Island GHG emissions, and even smaller considering the above-mentioned GHG reduction measures that the applicant is planning to undertake to reduce its carbon footprint.

Short-term/Construction Impacts Construction and demolition activities at the subject property have the potential to result in air pollutant emissions, primarily from the operation of equipment, fugitive particulate emissions and traffic associated with the labor force and supplies/materials/debris. Additionally, GHG emissions, both direct and indirect, will be generated during construction from equipment operation, construction-related traffic, electricity demand and other activities. However, impacts to air quality and GHG emissions from construction activities are expected to be minor and temporary. In addition, typical dust and GHG mitigation measures during construction will be applied to reduce construction impacts. Air quality mitigation measures during construction activities will include dust mitigation, reduction of diesel emissions and reduction of the GHG. Dust mitigation and diesel emissions reduction measures include: • Use of proper maintained construction equipment • Limit idling in accordance with Town and NYS requirements– NYS law limits idling for 5 minutes (6 NYCRR, Subpart 217-3, prohibits heavy duty vehicles, including non-diesel and diesel trucks and buses with a gross vehicle weight rating of more than 8,500 pounds, from idling for more than five minutes at a time) • Use electrical equipment when feasible • Use biodiesel where available • Cover or stabilize storage piles • Cover construction trucks carrying demolition materials • Provide provisions for vegetative cover, mulch, spray-on adhesive, calcium chloride application for all not active exposed areas • Use water sprinkling to reduce dust • Use wind barriers • Construct temporary graveled entrance/exit to the construction site • Install wheel-washing stations at the entrance/exit to the site to prevent carry-out

Implementation of the BCP remedy s will be performed in accordance with the RAWP.. As it pertains to minimizing potential air quality impacts from soil disturbance activities, a Community Air Monitoring Plan (CAMP) program will be conducted during this operation and other construction activities that will include soil disturbance. The specific procedures that will be implemented at the subject property to monitor concentrations and control emissions caused by the disturbance of soils are detailed in the CAMP that was prepared in accordance with the NYSDOH Generic CAMP Guidance and must be approved by both NYSDEC and NYSDOH. The purpose of CAMP is to protect the downwind communities from potential contaminant airborne releases from remedial work activities. A CAMP will help to confirm that construction activities involving soil disturbance do not result in elevated PM10 and VOC emissions off- site. As specifically requested by DER, the Town will be immediately notified if there are any exceedances regarding air quality, documentation/notification will be provided to the Town of any corrective actions undertaken to ensure that any issues are corrected as soon as possible, and the measures that are put in place will ensure that the potential for future exceedances are minimized.

In conclusion, the air quality analysis for the proposed warehouse development examined potential air quality impacts from the stationary and mobile source emissions generated by the project. Analysis of potential for impacts from the stationary source, HVAC emissions, demonstrated that based on the distance

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DRAFT TEQR REPORT (RECOMMENDED DETERMINATION OF SIGNIFICANCE): 305 Robbins Lane, Syosset Syosset Park Warehouse December 15, 2020 ------to the closest sensitive receptors HVAC impacts are anticipated to be insignificant. The proposed project’s mobile source air quality impacts could be generated by the vehicles moving in and out of the parking lot near the proposed warehouse and by vehicular trips added by the project to the local roads and intersections. CO and PM2.5 impacts from the parking areas are expected to be minimal. CO impacts at the local intersections were analyzed following the NYSDOT TEM screening procedures and found not significant. Impacts of the proposed development on the regional emissions from the ozone precursors, nitrogen oxides and VOCs, were assessed and found negligible in comparison with the contribution from the regionally significant projects. Impacts of the project on the GHG emissions are also expected to be minimal. Construction impacts are expected to be minor. Contractors would be required to implement “good housekeeping practices” and other measures that will further reduce air quality and GHG emissions from construction activities. Based on the above, no significant adverse air quality impacts from the proposed warehouse operations are anticipated.

Noise

As the proposed use will be operational 24 hours per day, will receive truck deliveries during the overnight hours, and is within relative proximity to sensitive noise receptors such as South Grove Elementary School and residential properties, DER requested that specific analysis of potential impacts be thoroughly evaluated by the Applicant. Section 4 of the EEA provides a summary of the noise evaluation conducted by Ostergaard Acoustical Associates (OAA); the full report entitled “Evaluation of Site Sound Emissions, Proposed Warehouse/Delivery Station, Oyster Bay, New York” was also reviewed by DER and is available upon request. It should be noted that significant revisions to specifically address and consider the Syosset community were undertaken prior to DER acceptance of the document as satisfactory for the purposes of the SEQR/TEQR process.

Further, it should be noted that the proposed action is also subject to the provisions of Town Code pertain to Noise as follows, “Chapter 246-10.3.11

Vehicular traffic. No use shall be permitted where it is determined by the Town Board that the type and number of vehicle trips to be generated would be expected to produce unusual traffic hazards or congestion, or cause or induce emissions which may be expected to interfere with the maintenance of air quality standards established by the U.S. Environmental Protection Administration, the New York State Department of Environmental Conservation or any other regulatory agency having jurisdiction thereof, unless such impact is adequately mitigated.”

Noise Study Summary Ostergaard Acoustical Associates (OAA) conducted a noise evaluation of potential sound emissions generated by the Proposed Action and documented its findings in a report titled “Evaluation of Site Sound Emissions,” dated November 13, 2020(the “OAA Noise Study”). The full report is included as Appendix N of this Expanded EA. Beyond the LI zoned parcels to the north are single-family residential dwellings located along Colony Lane within the Town’s R1-7 zone, approximately 900 feet from the Site. The South Grove Elementary School is also situated in this neighborhood along Colony Lane. Northeast of the site are residences fronting on Abby Lane, approximately 750 feet from the subject property. The closest residential dwellings are located over 400 feet east of the Site, beyond the LIE, along Marlene Drive, in the Town’s R1-7 zoning district. This section of the LIE is elevated and contains sound walls that shield the single-family dwellings from traffic and site-generated sound. The area immediately south of the Site, across Robbins Lane, is located within the Town’s LI zone, while a vacant lot in the R1-10 zone is located further southwest. West of the Site is a LIRR right-of-way (ROW) with commercial/industrial uses immediately beyond, and single-family residences approximately 700 feet from the Site in the hamlet of

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Jericho. The most significant sound-generating sources in this area are the traffic associated with the LIE (and North Service Road) and the operations of the LIRR, both of which border the subject property. The property to be leased for the proposed use is in excess of 100 feet from a residential, and the nearest residence is approximately 500 feet from the area of the Site to be leased by the future Tenant. Moreover, along the LIE, a sound wall are situated between the leased area and the nearest residential uses. Nonetheless, as potential noise sensitive receptors, they are analyzed in the OAA Noise Study.

Regulatory Framework Potential noise generated by the Proposed Action will derive from parking lot activity such as car, van, and truck idling and vehicle movement, and HVAC rooftop equipment. These noise sources were evaluated and compared to applicable noise code regulations, including:

• Chapter 156: Noise of the Town of Oyster Bay Town Code • NYSDEC Guidelines for Assessing and Mitigating Noise Impacts • New York State Vehicle and Traffic (VAT) Law

Site-generated noise is regulated by Chapter 156: Noise, of the Town of Oyster Bay Town Code. Section 156-4 prohibits noise disturbances, which are defined as “any sound which endangers or injures the safety or health of humans or animals or annoys or disturbs a reasonable person of normal sensitivities or endangers or injures personal or real property.” Section 156-4 also suggests that “time of day, volume and duration are factors considered when determining said sounds to be a noise disturbance.” Specifically pertaining to this Site are Sections 156-4.B(5) and (6) which prohibit noise disturbances associated with loading and unloading between the hours of 10:00 PM to 7:00 AM, Monday through Saturday, and 10:00 PM to 8:00 AM on Sunday or Holidays in a manner which causes a noise disruption across a residential property boundary or within a noise-sensitive zone. In addition, Section 246-5.5.33 of the Town Code prohibits any non-residential district use from operating between the hours of 11:00 PM and 6:00 AM if it is within 100 feet from a residential district.

The NYSDEC policy, “Assessing and Mitigating Noise Impacts,” provides guidance for analyzing and minimizing acoustical impacts applicable to the State Environmental Quality Review Act (SEQR). These guidelines require a comparison of average ambient sound levels to Site-generated sound levels to determine the extent of potential noise impacts, if any. The NYSDEC states that an increase in ambient sound level by 0-to-3 decibels (dB) should have no appreciable effect on receptors and an increase of 3-to- 6 dB is tolerable but may have potential for an adverse noise impact only in cases where the most noise sensitive of receptors are present. Increases of more than 6 dB require closer scrutiny, while increases of 10 dB deserve consideration of avoidance and mitigation measures in most cases. It is important to note, noise from vehicles on public and private roads must adhere to applicable state laws, including New York State Vehicle and Traffic (VAT) Law which dictates that all motor vehicles must be below specific sound limits at a distance of 50 feet. Specifically, vehicles over 10,000 pounds must not exceed 86 dB(A) at speeds of 35 mph or less, nor exceed 90 dB(A) at speeds above 35 mph.

Evaluation of Site Sound Methodology In accordance with NYSDEC guidelines, an ambient sound survey was conducted to establish ambient sound levels. Statistical sound pressure levels were documented over periods of 10 minutes at each of three measurement locations. The measurement locations were selected to characterize the ambient sound levels of an area of nearby receptors. Location 1 typifies the residences to the northwest along Colony Lane; Location 2 typifies those residences to the east along Marlene Drive; and Location 3 typifies those residences fronting on Birchwood Park Drive to the southwest. It is assumed that these measurements are representative of typical hourly ambient conditions.

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Daytime and nighttime surveys were conducted to typify traffic noise during these periods. The daytime survey was carried out between 12:30 PM and 1:30 PM on July 8, 2020. The nighttime survey was conducted between 10:00 PM and 11:00 PM on July 8, 2020. Weather conditions had no impact on the survey. Sound levels can vary considerably since many sources contribute to sound measured at a specific location. Transient ambient sources can raise sound levels 20 dB or more above background sound levels. Accordingly, the noise evaluation performed utilizes the following descriptors to assess data of this type:

• L90 – The sound level exceeded 90 percent of the time. Usually referred to as the background sound level. • L50 – The median sound level exceeded 50 percent of the time. • L10 – The sound level exceeded 10 percent of the time. Usually a measure of the contribution of intrusive sound sources • Leq – The average sound level • Lmin, Lmax – The minimum, or maximum sounds level

Sound Level Survey Results Noise sources noted during the survey included intermittent local traffic and distant steady traffic flow on the LIE, aircraft, train horns, residential HVAC equipment, and intermittent fauna noise. Traffic flow on the LIE was prominent throughout all measurement periods and at all three Locations, while local car passbys were observed at all three Locations during the daytime and at Location 3 fronting Birchwood Park Drive during the nighttime measurement. Sound levels were documented on July 8, 2020 during the daytime and nighttime measurement periods at each of the three Locations.

Rooftop HVAC Equipment Sound Rooftop HVAC equipment produces noise that is steady in nature, and hence will not vary over time. Based on the size of the proposed warehouse, the noise analysis assumes the use of twenty-one (21) 25-ton HVAC units will be needed for proper cooling. The sound power level for each of these was assumed to be 93 dB(A) based on typical manufacturer’s sound data. The noise from the 21 rooftop units was included in the HVAC acoustical model and sound was projected to nearby receptors. The results show that with all 21 rooftop units operating, HVAC sound levels off-site are in the 34 to 38 dB(A) range at the nearby residential receptors. Levels are as high as 44 dB(A) at the nearest commercial receptor, Location G, Robbins Lane Community Park. Noise from HVAC is significantly below hourly average sound levels by margins of 14 dB(A) or more at residences. HVAC sound is below minimum documented ambient sound levels at all locations, as well. As a result, HVAC sound will not have a negative acoustical impact, per NYSDEC guidelines, and will likely be inaudible at residences given the background sound levels documented during the ambient sound survey.

Rooftop HVAC Equipment Sound Rooftop HVAC equipment produces noise that is steady in nature, and hence will not vary over time. Based on the size of the proposed warehouse, the noise analysis assumes the use of twenty-one (21) 25-ton HVAC units will be needed for proper cooling. The sound power level for each of these was assumed to be 93 dB(A) based on typical manufacturer’s sound data. The noise from the 21 rooftop units was included in the HVAC acoustical model and sound was projected to nearby receptors. The results show that with all 21 rooftop units operating, HVAC sound levels off-site are in the 34 to 38 dB(A) range at the nearby residential receptors. Levels are as high as 44 dB(A) at the nearest commercial receptor, Location G, Robbins Lane Community Park. Noise from HVAC is significantly below hourly average sound levels by margins of 14 dB(A) or more at residences. HVAC sound is below minimum documented ambient sound

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DRAFT TEQR REPORT (RECOMMENDED DETERMINATION OF SIGNIFICANCE): 305 Robbins Lane, Syosset Syosset Park Warehouse December 15, 2020 ------levels at all locations, as well. As a result, HVAC sound will not have a negative acoustical impact, per NYSDEC guidelines, and will likely be inaudible at residences given the background sound levels documented during the ambient sound survey.

Motor Vehicle Sound Maximum Site sound levels from transient motor vehicles were also evaluated. Representative motor vehicle sources were modeled at their maximum sound level. Since HVAC sound is steady in nature and will not vary over time, the HVAC model was also included in the analysis, along with the motor vehicles. Heavy truck activity at dock and trailer areas can routinely contribute maximum sound levels of about 79 dB(A) at 50 feet, at a source height of eight feet above grade. This includes truck movements, air brakes, coupling/decoupling, and back-up alarms. A driving truck contributes slightly lower maximum sound levels of about 74 dB(A) at 50 feet. Personal and delivery vehicles traveling at low speeds are better typified by maximum sound levels of 59 dB(A) at 50 feet. Personal/delivery vehicle noise sources were modelled at 3½ feet above grade. Note that all of these maximum sound emissions comply with the local and State motor vehicle noise limit of 85 dB(A) at 50 feet.

The worst-case peak hourly traffic movements for personal and delivery vehicles occur from 10:00 a.m. to 11:00 a.m. where 720 vehicle trips are expected. This equates to about 120 vehicles over a 10-minute period. Counts reflect the arrival of 320 drivers in personal vehicles and the departure of about 400 delivery vans. Vans then return between 6:00 p.m. and 10:00 p.m. Truck movements on the site, on the other hand, are much less frequent and will occur sporadically across all hours of the day and night. Multiple trucks may be on site in any given hour; however, noise due to truck movements will be intermittent as movement of multiple trucks simultaneously is not likely, ensuring minimal instances of synchronized truck activity sound levels. Truck operations are spread out to maintain safe use of the truck court. By design, and to maintain safe site operations, worst-case activity from personal vehicles and trucks will not overlap and hence were analyzed separately. Delivery operations were modelled as 120 vehicles over a 10-minute period where each motor vehicle source was assumed to exhibit its maximum sound level; truck operations were modelled using a single truck at maximum sound level as it moves around the site. In reality, multiple maximums events will rarely synchronize in time in this manner as vehicles are dynamic in both location and sound level.

• Results of 120 personal and delivery vehicles operating over a 10-minute period show a range from 40 to 45 dB(A) at residential receptors. Site sound approaches 55 dB(A) by the Animal Shelter but will be expected to go unnoticed as this range is below the daytime average sound levels of 58 to 61 dB(A). • Entering trucks from the west driveway via Robbins Lane could potentially reach a maximum sound levels are 46 dB(A) at residences to the west; sound levels at the park approach 60 dB(A). Daytime and nighttime ambient sound levels at residential receptors are significantly higher than modelled levels, hence residences are not expected to be able to distinguish site activity from other sound in the vicinity, including the LIRR and LIE. Site maximums are well below the documented hourly maximum sound level of 70 dB(A) in the area. • There are also no acoustical concerns at the elementary school or the day care facility (it’s important to note that DER specifically requested upon review of the first submission of the EEA that these location be studied prior to the resubmission, which was provided). These uses operate only during the daytime when ambient sound is higher in level. Site sound is expected to be indistinguishable from existing traffic sound during the day.

Overall, none of the modelled location/oversite areas in the as-built/fully operational condition show any noise level increases which would be considered significant in accordance with SEQR guidance documents or relevant industry standards as described in the studies and EEA.

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Construction Although construction conditions are temporary in nature, construction can result in temporary acoustical impacts. The Town of Oyster Bay regulates construction noise under Chapter 156-4B(7) and prohibits construction noise between 10:00 p.m. the previous day and 7:00 a.m. on Monday through Saturday and at any time on Sunday or Holidays. The performance standards of the zoning code under Section 246-10 have similar intent but say that construction noise that is reasonable and customary is exempt from 8:00 a.m. to sunset. Despite following these ordinances, construction activities can sometimes be higher in sound level for short periods of time. Construction equipment, such as bulldozers, front end loaders, and dump trucks, can typically produce maximum sound levels of 80 dB(A) at 50 feet. This results in sound levels of 54 dB(A) at the elementary school, which is approximately 950 feet away, for example. To minimize receptor exposure to construction noise during this phase, the project will implement the following construction noise control strategies to the extent feasible: • Limit all heavy equipment operation to daytime hours and follow allowable town construction hours. • Limit the amount of equipment operating near one receptor at a given time. • Avoid exposing any one receptor to high sound levels for an extended period. • Place stationary equipment, such as generators, compressors, and office trailers, away from receptors. • Locate construction parking or laydown areas away from receptors. • Construction Manager will coordinate major construction activities with the school and animal shelter to avoid interference with potentially sensitive times.

Unforeseen construction noise issues, should they arise, will be addressed by the Construction Manager through other noise control strategies.

Noise Impacts Summary/Conclusions

There may be minor temporary noise impacts as it pertains to construction activities, but the noise will be limited to hours and levels specified in Town Code. As long as methodologies are appropriately utilized and maintained in accordance with the plans and in conformance with site plans and all local and State requirements, it is not anticipated that the proposed project will cause a significant adverse environmental impact during construction activity as it pertains to noise. Further, it is not expected that the redeveloped site will result in significant impacts with respect to noise based on the review of the noise analysis that was performed in accordance with applicable laws, industry standard guidance and policy documents.

Water Demand and Sewage Generation

The subject property is located in the jurisdiction of the Jericho Water District. Public water to serve the proposed project is estimated at 8,450 gallons per day (gpd), plus an additional 17,150± gpd during the irrigation season (see below for discussion of irrigation water demand reduction measures). Consultations were undertaken by the applicant with the Jericho Water District regarding the availability of services. The Jericho Water District has provided a Conditional Certificate of Availability of Water, dated October 30, 2020, which is included in Appendix E of this Expanded EA. Sanitary disposal, estimated at 8,450 gpd, will be accommodated by the Nassau County municipal system and discharged at the Cedar Creek Water Pollution Control Plant. Sewer capacity has been confirmed by the NCDPW. Electricity will be provided to the site through PSEG Long Island via connection to the electrical grid. National Grid will provide natural gas to the subject property.

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Based on Nassau County Department of Health (NCDH) Ordinance, evidence must be provided to the NCDH indicating that all water mains constructed as part of the development will be deeded to the public water supplier, along with a dedicated easement as may be necessary, to assure proper operation, repair and maintenance. Dead-end water mains shall not be proposed unless approved by the NCDH pursuant to conditions in Article VI of the NCPHO. All water mains should be connected to adjacent street mains or otherwise looped for improved water distribution. Also, the developer must comply with all water supplier requirements for backflow prevention devices on water service lines. Based on the available information, it is not expected that the additional water consumption and sewage generation resulting from the proposed project will place a significant burden on the operations of Jericho Water District or the Nassau County sewer system.

Solid Waste

Solid waste, as well as recyclable materials, will be kept in an enclosed dumpster, which is provided in the truck court by the loading docks and the property will be maintained in a clean and orderly manner. Private carting for solid waste and recyclables will occur on an appropriate schedule, based upon the operations. As applicable, existing pavement would be turned into recycled concrete aggregate (RCA) and reclaimed asphalt pavement (RAP) for use as base and paving material during construction. Waste material will be collected by private carter for transport to existing solid waste disposal facilities. Based on industry standard solid waste generation rates for commercial office buildings (Solid Waste Management in Environmental Engineering, Salvato 2013) it is expected that there will be approximately 0.755 ton/month increase in waste generation for the proposed development. Short-term solid waste disposal will also be minimal as there are no prior buildings that must be demolished in order to for the new building construction, and existing vegetative debris to be removed and overall site work is not expected to constitute as waste production that would be significant. DER also requested that the applicant meaningfully consider the environment and provide an explanation as to any specific waste reduction methods. DER cannot mandate specific waste reduction measures, and specific consideration imposed by the lead agency prior to adoption of the negative declaration can be included in a revised TEQR Report if necessary, however the applicant did provide substantial additional narrative as it pertains to Climate Smart Community Principles, which are incorporated in the appropriate section of this report. In summation, it is not anticipated that the amount of additional solid waste generated by the proposed action during demolition and construction and as it pertains to wastes produced during operation will adversely impact solid waste management services in the Town of Oyster Bay.

Impacts on Human Health and Safety The subject site has undergone a long and extensive process of environmental testing and remediation and is currently in the NYSDEC Brownfield Cleanup Program This section provides a brief summary of voluminous documents reviewed by DER as it pertains to this issue. The BCP process is not contingent on the SEQR/TEQR process, but is discussed herein as it pertains to the remedy as proposed in the RAWPand associated documents submitted as part of the Town’s environmental review process in accordance with SEQR Guidance documents.

Background/Historical Operations Cerro Wire manufactured steel electrical conduits, hot rolled copper rods and steel strips for use by the construction industry. The manufacturing facility was constructed in 1951 on former agricultural property and continued in operation until 1986. The facility included seven interconnected buildings and a boiler house. Manufacturing activities were generally performed sequentially with raw materials such as steel coils entering one end of the property and finished products stored at the opposite end. The primary steps in the manufacturing process consisted of caustic cleaning, acid pickling, zinc/cyanide electroplating and rinsing.

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The process used a large quantity of water that was supplied by two on-site production wells and generated a significant amount of wastewater. The wastewater was treated on-site in a multi-phase pretreatment facility using alkaline-chlorination and metals precipitation. In the alkaline-chlorination phase, caustic and chlorine were used in a treatment tank to destroy cyanide. The metals precipitation phase involved the use of two clarifiers and a copper pond that immobilized copper and zinc into a non-hazardous iron and lime-based sludge. The sludge was subsequently dewatered and pressed into a “filter cake” that was disposed of at off- site disposal facilities and, for a time between 1975 and 1979, was stored on-site in 200-foot by 400-foot area in the southeast corner of the property. In 1982, the subject property was connected to the Nassau County sewer system. Prior to 1982, the treated wastewater was discharged to three on-site wastewater basins pursuant to a NYSDEC-issued State Pollutant Discharge Elimination System (SPDES) permit. Thereafter, the treated wastewater was discharged to the County sewer system pursuant to a discharge permit issued by the NCDPW.

In 1983, due to historical operations at the site, NYSDEC added the Cerro Wire Property to the New York State Registry of Inactive Hazardous Waste Disposal Sites (State Superfund Site list). The subject property was added to the Registry as a “Class 2a” site, which is a classification given to sites that require investigation and/or cleanup because they may present a risk to human health and the environment. In 1985, Cerro Wire sold the property to Sy Associates but continued to operate under a lease. The following sections discuss the soil, groundwater and soil vapor investigations performed on the Cerro Wire Property prior to 2015 (i.e., prior to acceptance into the Brownfield Cleanup Program) and from 2015-2016 onward (i.e., after acceptance into the Brownfield Cleanup Program).

Pre-2015 Soil and Groundwater Investigations 1986 Facility Decommissioning Starting in October of 1986, Cerro Wire began phasing out manufacturing operations and commenced implementation of a facility decommissioning program in accordance NYSDEC’s facility closure requirements. The decommissioning program involved the dismantling and cleaning of equipment and structures used in the manufacturing process, the sale of recyclable materials and the removal and transportation of wastes to off-site disposal facilities. The decommissioning program resulted in the sale or off-site disposal of a significant volume of material, including approximately 70,000 cubic yards of filter cake, 80,000 gallons of cyanide solution, 300,000 pounds of copper scale, 75,000 gallons of plating solution and 10,000 gallons of oil coolants and threading compounds. Additionally, approximately 25,000 gallons of copper sulfate, 16,000 gallons of acid plating solution and 1,000 gallons of sulfuric acid were treated and neutralized in the on-site pre-treatment facility before discharge to the County sewer system.

March 1987 Soil Sampling, Cerro Wire In March 1987, as part of the decommissioning program, Cerro Wire conducted an investigation to characterize soil conditions at the subject property. The investigation included the collection and analysis of 74 shallow soil samples from across the subject property using a grid pattern, and 16 deep soil samples in the area of the clarifier used in the wastewater treatment process. The 90 samples were analyzed for ten metals selected by NYSDEC, and the results of this testing were submitted to NYSDEC in July 1987. In August 1987, NYSDEC and Cerro Wire entered into an Order on Consent which governed the continuation of the facility decommissioning program and required Cerro Wire to conduct additional soil sampling at the subject property. In September 1987, pursuant to the terms of the Order on Consent, NYSDEC required Cerro Wire to perform additional soil sampling in 16 of the areas sampled during the prior soil investigation and in five new locations within the wastewater discharge basins.

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December 1987 Groundwater Investigation, Sy Associates Around the same time that Cerro Wire was conducting a second round of soil sampling, Sy Associates, the then-property owner, was performing a parallel investigation of groundwater conditions underlying the subject property. The groundwater investigation involved the installation of four new groundwater monitoring wells and the collection and analysis of samples from these new wells, in addition to an existing on-site monitoring well and two on-site water production wells. The collection and analysis of soil samples also occurred in conjunction with the groundwater investigation. In a December 1987 report, Sy Associates’ groundwater consultant concluded that groundwater is present at a depth of approximately 100 feet below ground surface and that the flow direction is variable due to the occurrence of the groundwater divide beneath the property. It was further reported that metals detected in the groundwater in unfiltered groundwater samples were attributable primarily to turbidity and not to Cerro Wire’s operations, and that Volatile Organic Compounds (VOCs) were not present in quantifiable concentrations in the wells. The consultant also concluded that it appeared groundwater beneath the Cerro Wire Property was impacted by substances from the landfill, even though groundwater from the landfill area generally flows to the north- northeast. This change in groundwater flow direction may have occurred due to the cone of depression created by pumpage of the supply wells installed on the Cerro Wire property. A cone of depression around a well may influence high and low points in the water table, thus changing the direction of the water movements.

December 1987 Additional Soil Sampling, Cerro Wire The second round of soil sampling required by NYSDEC was carried out by Cerro Wire in December 1987. The sampling results, which were provided to NYSDEC in April 1988, showed copper and cyanide at several locations in excess of background conditions. In June 1988, NYSDEC informed Cerro Wire that the building decommissioning portion of the program was deemed complete, which resulted in the subsequent change in the Registry classification of the site from a “2a” to a “4”, which refers to sites that have been properly closed but require continued monitoring. NYSDEC also informed Cerro Wire in June 1988 that a third round of soil sampling was required within the wastewater discharge basins and in the area of the two clarifiers where elevated copper concentrations were previously detected. In July 1988, NYSDEC and Sy Associates entered into an Order on Consent, which required Sy Associates to continue the investigation to determine whether historical manufacturing operations had adversely impacted the underlying groundwater.

November 1988 Soil Sampling, Cerro Wire Cerro Wire performed the required third round of soil sampling in November 1988. Cerro Wire’s third round of soil sampling consisted of collecting four deep samples to 25 feet below ground level around a soil boring previously installed near the two clarifiers, and 32 additional samples from within the wastewater discharge basins. Analysis of the samples detected elevated concentrations of copper in 16 locations and cyanide in two locations.

February 1989 Groundwater Investigations, Sy Associates Sy Associates completed additional groundwater investigation activities in January 1989. The additional groundwater investigation performed by Sy Associates involved the installation of three new groundwater monitoring wells and the collection of samples from both the new and pre-existing monitoring wells. The samples were analyzed for metals, VOCs, cyanide and landfill leachate parameters. In its February 1989 report, Sy Associates’ consultant confirmed that, based on 11 groundwater level measurements collected between and 1987 and 1989, the depth to groundwater under the property is approximately 100 feet below ground level, and the flow of groundwater beneath the property is variable due to the presence of the groundwater divide. The consultant also determined that, based on multiple rounds of groundwater quality sampling, the groundwater underlying the Cerro Wire Property is generally not impacted at concentrations above State or Federal standards, and that compounds considered indigenous to Long Island’s groundwater,

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DRAFT TEQR REPORT (RECOMMENDED DETERMINATION OF SIGNIFICANCE): 305 Robbins Lane, Syosset Syosset Park Warehouse December 15, 2020 ------such as iron, manganese and the trace concentrations of pesticides that were occasionally detected, are not attributable to Cerro Wire’s operations.

1989-1992 Risk Assessment, Tribune Company/Eder Associates The Tribune Company acquired the Cerro Wire Property in December 1989 through a subsidiary, New York News, Inc., and commenced discussions with the NYSDEC regarding the use of a risk assessment to establish Site-Specific Cleanup Objectives (SSCO’s) for the property. NYSDEC agreed to the risk assessment approach and then specified the additional soil and groundwater testing that would be required in order to perform the assessment. The additional data needed for the risk assessment was obtained by Eder Associates, The Tribune Company’s consultant. During the early 1990s, Eder conducted three separate soil investigations and another groundwater investigation. Eder’s soil investigations involved the collection of 160 samples from various locations of the subject property, including beneath the building floor slabs, residues on the floors, and in trenches and sumps within the buildings. Eder’s groundwater investigation involved the collection of samples from seven existing monitoring wells.

In September of 1991, using the soil and groundwater data obtained from its investigations, combined with the data collected during the previous investigations conducted at the Cerro Wire Property, Eder performed a detailed assessment of the potential risks posed to human health and the environment. Following Environmental Protection Agency (EPA) guidance on the performance of risk assessments, Eder evaluated different land use scenarios to estimate public exposure from all exposure pathways (e.g., soil ingestion, soil inhalation, dermal contact, groundwater ingestion, vapor inhalation). The land use scenarios evaluated by Eder in its risk assessment included leaving the subject property vacant, and redevelopment for residential or industrial use. The risk assessment performed by Eder determined that copper and cyanide were the only substances present at the subject property in concentrations that might present an increased health risk. The assessment further determined that, under the future residential use scenario, copper and cyanide could remain in soil at the site in concentrations of 5,200 parts per million (ppm) and 3,100 ppm, respectively, without posing an increased risk to human health. Eder’s risk assessment was submitted to NYSDEC and NYSDOH for review and comment. Both agencies approved the risk assessment and agreed with the SSCO’s established for copper and cyanide.

December 1992 Soil Cleanup, Tribune Company In December of 1992, cleanup of soil containing concentrations above the site-specific SSCO’s was completed pursuant to a NYSDEC-approved cleanup work plan. The four areas of the property remediated during the cleanup included two of the three former wastewater discharge basins, a copper pond and the pump house. In March of 1993, based on the risk assessment and the cleanup, Eder petitioned NYSDEC to remove the subject property from the Registry. Upon review of the petition and supporting reports, NYSDEC requested that a risk assessment also be performed for zinc, due to an elevated concentration of zinc in one of the soil samples from the 1991 soil investigation. Using the more conservative future residential use scenario, the risk assessment determined that zinc could remain in the on-site soil at a concentration of 6,800 ppm without posing a health risk.

In 1994, after approving the revised risk assessment, NYSDEC removed the subject property from the Registry and imposed no restrictions on the future use of the site, signaling its conclusion that, as remediated, the property was safe for future residential use.

1997 Soil and Groundwater Investigations and Remediation, Taubman The subject property was subsequently sold to the Taubman Company for retail development, and additional site investigations were undertaken as part of that purchase. Between 1997 and 1998, the Taubman Company conducted additional soil and groundwater investigations of the site in connection with its proposed purchase

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DRAFT TEQR REPORT (RECOMMENDED DETERMINATION OF SIGNIFICANCE): 305 Robbins Lane, Syosset Syosset Park Warehouse December 15, 2020 ------of the subject property. The first investigation was performed in 1997 and involved the collection and analysis of 35 samples from 22 separate locations on the subject property, the collection of groundwater level measurements, and the collection and analysis six groundwater quality samples. The soil samples, which were analyzed for VOCs, Semi Volatile Organic Compounds (SVOCs), metals, cyanide, polychlorinated biphenyls (PCBs) and pesticides, detected copper and zinc at multiple locations and SVOCs in one location. One of the samples showed copper at a concentration that was above the SSCO’s established during the risk assessment process. Water level measurements taken during Taubman’s investigation confirmed previous conclusions that the property overlies the groundwater divide, and the water quality sampling confirmed the prior conclusion that groundwater beneath the property was not adversely impacted by Cerro Wire’s operations. By the late 1990’s, NYSDEC had developed additional guidelines designed to be used in connection with soil contamination investigations and cleanups. Thus, in addition to comparing the results to the site-specific SSCO’s that were developed in connection with the Cerro Wire risk assessment process, and which only applied to copper, cyanide and zinc, NYSDEC compared the analytical results obtained by Taubman’s consultants to its other guidelines. Additional soil sampling was performed on behalf of Taubman in April of 1998. This investigation entailed the collection of 14 samples from the rail spur area between buildings B and C and the collection of 16 samples from the clarifier area. The samples collected from the rail spur were analyzed for PCBs, SVOCs and total copper, and the samples collected form the clarifier area were analyzed for SVOCS and total copper. The sampling showed the presence of PCBs and SVOCs above NYSDEC’s new guidelines, and the presence of copper at concentrations above the SSCO’s in both areas.

To address the impacted soils detected during the 1998 investigation, NYSDEC approved a two-phased remediation approach for the rail spur and clarifier areas. The first phase was completed in 1998 and involved stabilizing the areas with clean fill and installing an asphalt cap. The second phase of the remediation was performed in 2004 in conjunction with the demolition of the on-site buildings and structures and consisted of the removal of the clean fill and asphalt cover as well as the removal of impacted soil to a depth of approximately three feet. Post-excavation samples collected from the area of the rail spur confirmed that the remediation was successful. Post-excavation samples collected from the clarifier area, however, continued to show elevated concentrations of copper and SVOCs and, therefore, the excavation was extended to nine feet. Post-excavation sampling conducted after removal of the additional soil confirmed that the additional cleanup was successful.

Due to the presence of PCBs in samples collected from the rail spur area, the NYSDOH required that additional sampling be performed in and around additional areas of the rail siding. Seventeen soil samples were subsequently collected from the rail siding and analyzed for PCBs. The results indicated that PCBs were not present and no further action by NYSDEC or NYSDOH was required.

2004-2005 Site Demolition, Remediation, and Post-Demolition Sampling, Taubman In 2004, Taubman acquired title to the property and demolished the buildings and structures. Prior to demolition, abatement of asbestos-containing material (ACM) was performed. In March of that year, three underground storage tanks (USTs) were removed from the site: a 1,000-gallon gasoline UST, a 15,000-gallon no. 6 fuel oil UST, and a 400-gallon no. 2 fuel oil UST. No evidence of contamination was observed during the removal of the gasoline UST. However, stained soil was encountered during the removal of the two fuel oil USTs. The observations were reported to NYSDEC, which assigned spill number 03-13588 to both incidents. The visually impacted soil was removed from both locations and post-excavation sampling was performed to confirm that the remediation was successful. The samples collected from the location of former no. 6 fuel oil UST confirmed that no impacts remained above NYSDEC guidelines and, therefore, no further action was required by NYSDEC for that location. Post-excavation samples from the former no. 2 fuel oil UST location detected SVOCs in one sample at a concentration above the guidelines, so NYSDEC required additional sampling to delineate the vertical extent of the impacts. Sampling conducted at 36 feet below land

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DRAFT TEQR REPORT (RECOMMENDED DETERMINATION OF SIGNIFICANCE): 305 Robbins Lane, Syosset Syosset Park Warehouse December 15, 2020 ------surface did not detect SVOCs or VOCs, and NYSDEC thereafter officially closed its spill file in connection with both former UST areas.

In July of 2004, during the removal of building slabs that was performed as part of the demolition project, a concrete sump containing water, debris and an oily sludge was discovered under the slab of building E. NYSDEC was notified of the discovery and it assigned spill number 04-05545 to the incident. When the slab was removed, another concrete sump was discovered in building E, along with a concrete trench that connected to a third concrete sump on building G. Under NYSDEC oversight, the debris was removed from the first sump discovered in building E, and the water and oil sludge were extracted using a vacuum truck. The concrete sump itself was then removed, along with impacted soils surrounding the sump. The excavation initially measured approximately 90 feet by 70 feet by 4-6 feet deep, but NYSDEC subsequently required additional excavation along two sidewalls and the bottom of the excavation. Thirteen post-excavation samples were collected and analyzed for VOCs, SVOCs, PCBs, total metals, total copper and total zinc. As none of these substances were detected above the SSCO’s or NYSDEC guidelines, no further action was required in connection with the first sump in building E.

The second sump in building E, the interconnecting concrete trench, and the building G sump were also removed along with surrounding soils. The excavation performed in connection with those structures measured approximately 75 feet by 50 feet by 5 feet deep. No VOCs, SVOCs, metals or PCBs were detected in any of the seven post-excavation samples and, therefore, NYSDEC did not require further action in that area. After all of the structures were demolished and removed from the property, a consultant retained by Taubman collected 123 soil samples from the area of the former building slabs, trenches and sumps. The samples were analyzed for VOCs, SVOCs, PCBs and metals. The results detected the presence of elevated concentration of SVOCs in areas under former buildings B, C, D, F and V which NYSDEC required to be remediated. Post-excavation sampling confirmed that the SVOC-impacted soil was successfully removed during the remediation.

In 2005, during site grading activities, debris mixed with unspecified residue was discovered in three areas of the property. A total of 9,500 tons of materials and debris were removed from the three areas, and no further action was required. All of these activities were completed under NYSDEC and the NYSDOH oversight. The NYSDEC issued a No Further Action Letter with no restrictions on February 11, 1994, which allowed the subject property to be delisted from the Registry after utilizing site-specific standards for copper, cyanide and zinc that were greater than their respective Restricted Residential Soil Cleanup Objectives (RRSCOs). Subsequent to the issuance of the No Further Action Letter and the demolition of the buildings used by Cerro, additional remediation was performed by the former property owner as part of a due diligence property transfer to the current property owner. To the knowledge of the Applicant, no subsurface structures remain at the property.

2015-2016 Soil and Groundwater Investigations In 2015, Roux conducted a soil investigation to generate additional data to support the subject property’s eligibility into the NYSDEC BCP. In November 2015, Roux completed a soil investigation at the Site to (1) obtain current baseline soil quality data; (2) supplement previous investigations in consideration of the proposed future use of the subject property; and (3) supply additional data to support eligibility into the BCP. DER has reviewed the associated plans, figures and documents regarding 2015 soil sample locations and exceedances of CSCOs.

Fifty-nine soil borings were advanced to depths ranging from two feet below land surface (ft bls) to 35 ft bls. Soil from within each boring was continuously screened for metal impacts and for VOCs. Of the 363 samples analyzed, 218 soil samples were analyzed for target compound list (TCL) VOCs, 168 samples were analyzed

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DRAFT TEQR REPORT (RECOMMENDED DETERMINATION OF SIGNIFICANCE): 305 Robbins Lane, Syosset Syosset Park Warehouse December 15, 2020 ------for target analyte list (TAL) metals, and 152 soil samples were analyzed for TCL SVOCs, polychlorinated biphenyls (PCBs), and pesticides. The results from the 2015 Soil Investigation detected concentrations of metals (copper and cyanide) and SVOCs in soil that exceeded NYSDEC CSCOs. The SVOCs consisted of a subset of compounds classified as polycyclic aromatic hydrocarbons (PAHs). VOCs, PCBs, and pesticides were not detected in exceedance of CSCOs in soil at the Site. Therefore, copper, cyanide and SVOCs were identified as contaminants of concern (COCs) within soil at the subject property. The soil sample locations and exceedances of NYSDEC CSCOs from the 2015 Soil Investigation were reviewed; the 2015 Soil Investigation found that copper exceedances in soil are predominantly clustered in areas of the former Cerro Wire buildings and former wastewater recharge basins, and the SVOC exceedances in soil are indicative of former petroleum spills and/or previously removed pavement.

The 2016 Groundwater Investigation can be summarized as follows: Five hydrogeological investigations were completed at the subject property prior to its entry into the BCP. All five investigations confirmed that historic operations that occurred at the Cerro Wire Property have not adversely affected groundwater (i.e., no dissolved compounds detected above the NYSDEC Ambient Water Quality Standards and Guidance Values [AWQSGVs] and Groundwater Effluent Limitations are attributable to former site operations). Groundwater is present at approximately 105 ft bls. The fifth hydrogeological investigation was conducted by Roux on June 22 and 23, 2016. Groundwater samples were taken from the five on-site wells installed in 2015 and were analyzed for TCL VOCs, TCL SVOCs, TCL Pesticides, TCL PCBs, and TAL metals (total and dissolved). The analytical data from this 2016 Groundwater Investigation confirmed that there is a groundwater divide oriented northwest to southeast, and that groundwater flow is generally to the southwest on Site. Like all prior groundwater investigations, this investigation found that site-wide groundwater has not been impacted by former Cerro Wire operations.

The pre-2015 investigations and 2015-2016 investigations, the great majority of which were conducted under NYSDEC and NYSDOH oversight, included extensive soil and groundwater sampling. The 2015-2016 investigation were conducted to generate current soil and groundwater data prior to the subject property’s entry into the NYS BCP.

The Brownfield Cleanup Program The goal of the NYS BCP is to encourage private-sector cleanups of brownfields and to promote their redevelopment as a means to revitalize economically blighted communities. As such, the property owner requested that NYSDEC and the NYSDOH re-examine conditions at the subject property pursuant to the BCP despite the fact that NYSDEC previously removed the subject property from the NYS Registry and imposed no restrictions on the future use of the property. The property owner’s decision was based on two factors: the need to ensure that redevelopment of the property will not result in an adverse risk to human health or the environment; and to ensure transparency through the BCPs requirements that the public be informed of, and invited to comment on, each step of the project.

BCP Application Process An application requesting that the Cerro Wire Property be accepted into the BCP was submitted to the NYSDEC on June 17, 2016 and was deemed complete by the agency on August 8, 2016. Thereafter, as required by the terms of the BCP, public notice of the application was provided using a variety of methods. On August 11, 2016, Roux mailed the public notice to all parties on the NYSDEC-approved Site Contact List, informing them that NYSDEC received a BCP application for the Cerro Wire Property and that comments regarding the application could be submitted until September 16, 2016. The public notice also advised that a copy of the application and other relevant documents was available for review at information repositories established in the Syosset Public Library and NYSDEC’s Region I office in Stony Brook. The Town of Oyster Bay Department of Environmental Resources was later added as a repository. Finally, the

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DRAFT TEQR REPORT (RECOMMENDED DETERMINATION OF SIGNIFICANCE): 305 Robbins Lane, Syosset Syosset Park Warehouse December 15, 2020 ------public notice provided contact information for the NYSDEC Project Manager assigned to the application. The parties on Site Contact List include federal, State, County and Town elected officials, the Nassau County Department of Health (NCDH), NCDPW, the Syosset School and Fire Districts, and the Jericho Water District. The Site Contact List also included adjacent property owners, representatives of local environmental groups, and multiple media outlets including News 12 Long Island, Newsday, The Long Island Press, the Long Island Business News and The Oyster Bay Guardian. A copy of the BCP application was provided to the Syosset Public Library on August 16, 2016 and the public notice was published in Newsday on August 17, 2016.

In a September 21, 2016 letter issued after the public comment period had closed, NYSDEC informed the current property owner that its application to enter the Cerro Wire Property into the BCP had been accepted. On October 27, 2016, the property owner entered into a Brownfield Cleanup Agreement (BCA) with the NYSDEC to investigate, remediate and redevelop the subject property under the NYSDEC’s oversight and completed a Citizen Participation Plan, additional details were reviewed and DER has been actively involved in the review of documents in this program and will continue to participate in the review of same as the process continues. Although the BCP process and SEQR/TEQR are separate environmental processes, they are compatible and consistent with providing a systematic and reasonable framework in which to thoroughly evaluate environmental parameters in order to ensure protectiveness of the environment, inclusive of and human health and safety.

Based on the previous history of soil and groundwater investigations, the property owner also requested permission from the NYSDEC to proceed directly to preparation of a Remedial Action Work Plan (RAWP). While the NYSDEC acknowledged receipt of the extensive investigation reports, it required updated groundwater monitoring data and soil vapor intrusion data. Therefore, subsequent to acceptance into the BCP, additional groundwater and soil vapor investigations were undertaken between 2017 – 2019.

2017-2019 Groundwater and Soil Vapor Investigations 2017 Groundwater Monitoring In 2017, multiple comprehensive water-level gauging rounds to evaluate Site-wide groundwater elevations and groundwater flow direction. Gauging data from the network of existing monitoring wells indicated that the water levels dropped approximately 3.9 feet across the entire well network, when compared to the June 28, 2016 water levels. Roux compared the water levels measured to the closest United States Geological Survey (USGS) well (located approximately 1.69 miles southeast of the subject property in Plainview). The data confirmed that the recent lowering of the groundwater table is regional and not limited to the immediate area around the site.

2017 Soil Vapor Sampling Soil vapor samples were collected in September 2017 to evaluate soil vapor conditions at the Site, pursuant to a NYSDEC/NYSDOH-approved work plan. VOCs in soil vapor were not considered a concern in the interior of the Site as Site records and the inventory of waste disposed do not indicate that solvents were used at the Site. All soil vapor samples were collected in accordance with the October 2006 NYSDOH Guidance for Evaluating Soil Vapor Intrusion in the State of New York, as revised in May 2017 (NYSDOH Guidance). The 2017 revisions specified how four additional VOCs; Cis-1,2-Dichloroethene; 1,1-Dichloroethene; Methylene Chloride; and Vinyl Chloride, are to be evaluated under the NYSDOH Guidance. Again, these are not contaminants of concern associated with the subject parcel; however, the analysis was conducted in accordance with the relevant and current industry standards, as required. Ten temporary soil vapor points (RSV-1 through RSV-10) were installed at the subject property at the locations identified in the BCP documents. Soil vapor sampling was conducted on September 14, 2017 by Roux. The results indicated that

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DRAFT TEQR REPORT (RECOMMENDED DETERMINATION OF SIGNIFICANCE): 305 Robbins Lane, Syosset Syosset Park Warehouse December 15, 2020 ------all soil vapor sample locations were properly sealed. Soil vapor was determined to not be an issue at the subject property.

2019 Groundwater Investigation In early 2019, Roux installed and gauged four deeper monitoring wells because the groundwater table had dropped beneath the bottoms of some of the existing monitoring wells. These wells were installed immediately adjacent to the former shallower monitoring wells from the 2016 Groundwater Investigation. The locations of the four deeper monitoring wells and a previously installed monitoring well along with locations of the 11 historical monitoring wells installed from 1987 to 1997 that have since been abandoned. As requested by NYSDEC, sampling for emerging contaminants perfluoroalkyl acids (PFAAs) and 1,4- Dioxane was added to the 2019 groundwater sampling round. The sampling was conducted in conformance with NYSDEC’s April 2018 Groundwater Sampling for Emerging Contaminants guidance, During the 2019 sampling round, groundwater samples were also analyzed for TCL VOCs, TCL SVOCs, TAL metals, PCBs and pesticides. Groundwater sample results were consistent with naturally occurring compounds for this region or background conditions and do not indicate Site-specific groundwater contamination.

Remedial Investigation Work Plan (RIWP) The 2017-2019 groundwater and soil vapor investigations were completed under the NYSDEC-approved RIWP, dated September 5, 2017 and correspondence with the NYSDEC dated January 23, 2019. DER-10 provides an overview of the site investigation and remediation process for NYSDEC's remedial programs administered by the Division of Environmental Remediation (NYSDEC DER). These include the Inactive Hazardous Waste Disposal Site Remedial Program, known as the State Superfund Program (SSF); Brownfield Cleanup Program (BCP); Environmental Restoration Program (ERP); and Voluntary Cleanup Program (VCP); and certain petroleum releases. In addition to investigating the extent of contamination within and emanating from the subject property, BCP Volunteers are also required to perform a qualitative exposure assessment. Accordingly, a Qualitative Human Health Exposure Assessment was conducted in accordance with NYSDEC Division of Environmental Remediation “DER-10 Technical Guidance for Site Investigation and Remediation”7 (DER-10) to evaluate and document how people might be exposed to site- related contaminants, and to identify and characterize the potentially exposed populations(s) both now, and under the proposed use of the site.

Soil Exposure With regard to soil exposure, since the subject property will be fully fenced during construction activities, and access is controlled, potential contact with site soil is restricted to remedial and construction contract workers at the Site performing ground intrusive activities. Personal Protective Equipment (PPE) will be required during any intrusive work at the subject property. The general public will not be exposed to direct contact with site soil. A Community Air Monitoring Plan (CAMP) will be implemented during intrusive activities to minimize the potential for off-site exposures from soil/dust leaving the subject property. As requested by DER, the Applicant will notify the Town in the event of an exceedance and will supply the Town with documentation of the corrective action that is implemented. This will provide an added layer of protection and communication to ensure that the Town can be assured that all precautions and protocols are in place to protect human health and safety, and if there are any issues that they are immediately addressed. Further, if there are any concerns from the surrounding community, the Town is kept apprised of site conditions with documented verifiable substantiation regarding same to prevent exposure to any contaminants. Exposure to all soil exceeding the CSCOs will be eliminated by a NYSDEC-compliant Site Cover System. Therefore, exposure by direct contact with soil exceeding the CSCOs will be eliminated for the public.

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DRAFT TEQR REPORT (RECOMMENDED DETERMINATION OF SIGNIFICANCE): 305 Robbins Lane, Syosset Syosset Park Warehouse December 15, 2020 ------

Groundwater Exposure Groundwater samples collected during investigations performed at Site detected SVOCs and metals at concentrations above the AWQSGVs. However, there is no potential for direct contact with or ingestion of the compounds detected in the groundwater, because the subject property is connected to public water supply. Since the depth to groundwater beneath the subject property is over 100 ft bls, individuals who perform intrusive work (i.e., utility construction and/or repair) at the subject property will also not come into contact with groundwater.

Soil Vapor Exposure Soil vapor samples collected during the Remedial Investigation (RI) indicate that vapor intrusion is not considered a concern at the subject property. With regard to methane, decades of data collected from the perimeter of the former Syosset Landfill indicates that off-site migration of methane from the Landfill is not a concern.

Remedial Investigation Report (RIR) Pursuant to the requirements of the BCP, a Remedial Investigation Report (RIR) must be prepared to document the results of the remedial investigation and make recommendations as to whether any remediation is necessary. In May 2020, Roux prepared a RIR which summarizes the nature and extent of contamination, as determined from data gathered during the historic investigations conducted from 1987 to 2006, the 2015 soil investigation and 2016 groundwater investigation, and the 2017-2019 groundwater and soil vapor investigations.

Soils Subsurface environmental investigations and remedial actions completed from 1987 through 2015 included the collection and analysis of more than 750 soil samples from approximately 500 locations. Of the 750 soil samples, 136 soil samples collected from 117 separate locations exceed the CSCOs for one or more compound/analyte. Copper, the most prevalent of all exceedances, was detected at concentrations above its CSCO in 126 soil samples. The locations of the copper exceedances in soil are predominantly clustered in areas of former Cerro Wire buildings and recharge basins. Cyanide was detected in eight soil samples collected in the areas of the former wastewater recharge basins and holding sump. Based on the proposed development plans and the limited number and low concentration of cyanide detections, the NYSDEC and NYSDOH determined that cyanide does not constitute a COC at the Site.

Sixteen soil samples contained SVOCs that were identified at concentrations above their respective CSCOs. Nineteen soil samples contained concentration of SVOCs in exceedance of Unrestricted Use Soil Cleanup Objectives (UUSCOs). All of the SVOC exceedances were limited to petroleum-related compounds classified as PAHs, which is likely indicative of former petroleum spills and/or previously removed pavement. Based on the nature and extent of the noted SVOC exceedances, SVOCs are considered COCs in site soil.

Groundwater Based on a review of available historic documents and previous investigation reports, eleven groundwater monitoring wells were sampled between 1987 and 1997. In June 2016, Roux conducted an additional groundwater investigation of five groundwater monitoring wells and in January 2019, Roux installed four deeper monitoring wells. VOCs, PCBs, and pesticides/herbicides were not identified in groundwater samples in exceedance of AWQSGVs.

During the 2016 Groundwater Investigation, four metals (sodium, manganese, iron, and thallium) were detected in groundwater samples above their AWQSGVs, consistent with results from the investigations from

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DRAFT TEQR REPORT (RECOMMENDED DETERMINATION OF SIGNIFICANCE): 305 Robbins Lane, Syosset Syosset Park Warehouse December 15, 2020 ------

1987 through 1997. During the 2019 groundwater investigation, five metals, antimony, total chromium, iron, manganese, and zinc were detected in groundwater samples above their respective AWQSGVs. Iron and manganese are naturally occurring in Long Island groundwater. Chromium exceedances were due to suspended sediment in the sample. Zinc and antimony exceedances are not likely site- related based on the location of the exceedances and low levels of zinc detected in site soils. Accordingly, metals are not considered COCs in on-site groundwater.

During the 2016 Groundwater Investigation, it was determined that exceedances of bis(2-ethylhexyl) phthalate were indicative of sampling or laboratory contamination, as there is no known use of the compound at the subject property. During the 2019 Groundwater Investigation, four PAHs were detected in two wells in exceedance of their respective AWQSGVs, however it was determined that the results were not representative of groundwater quality at the subject property. Accordingly, SVOCs are not considered COCs in on-site groundwater. The concentration of the PFAAs, Perfluorooctanoic Acid (PFOA) and Perfluorooctane Sulfonate (PFOS) detected in groundwater underlying the property are indicative of background or regional water conditions. 1,4-dioxane was not detected above its AWQSGV in any of the groundwater samples collected during any sampling events. Subsequent to the 2019 sampling, the NYSDOH issued Maximum Contaminant Level regulations for certain emerging contaminants, including PFAAs and 1,4-Dioxane. The regulations establish Maximum Contaminant Levels that apply at public water district supply wells, not to the groundwater underlying the property, and the regulations require public water systems to test and monitor for emerging contaminants. VOCs, PCBs, and pesticides/herbicides were not identified in groundwater samples in exceedance of AWQSGVs; therefore, a summary of findings for these analytes groups is not provided. Groundwater sample results were consistent with background conditions and naturally occurring compounds for this region and do not indicate site-specific groundwater contamination.

Soil Vapor The September 2017 soil vapor investigation at the Site analyzed soil vapor for 64 VOCs at ten locations. There was a total of 23 detections out of 64 VOCs analyzed; however, there are currently no standards for soil vapor. The soil vapor samples were collected at the perimeter of the Site and the detections were consistent amongst the ten samples, indicating the detections are likely not related to an on-site source. The Lower Explosive Limits (LEL) results (% methane) for all soil vapor samples were 0%.

Based on the soil, groundwater, and soil vapor sampling results, soil is the only contaminated media at the subject property. In particular, the soil is impacted with concentrations of copperand SVOCs above CSCOs, in areas associated with historic Cerro Wire operations. Site-wide groundwater and soil vapor were not shown to be contaminated by former operations at the subject property; thus they are not included as part of the future remediation proposed for the site.

Based on their review of the RIR, the NYSDEC and NYSDOH determined the subject property does not pose a significant threat to human health and the environment, but indicated that remediation was necessary to satisfy the requirements of the BCP. Therefore, as noted in the BCP Fact Sheet, the next step in the process was the preparation of an Alternative Analysis Report (AAR) to evaluate remedial alternatives to address soil and identify a preferred remedy, and a RAWP to summarize the elements of the approved remedy, provide further details regarding completion of the remedy and provide a summary of the proposed Pre-Design Investigation (PDI). As indicated in Section 1.2.6, below, an AAR/RAWP was prepared by Roux, dated and submitted to the NYSDEC on July 17, 2020, and a revised RAWP was submitted in November 2020. The draft RAWP was deemed complete and ready for public review and approval on November 25, 2020 when the fact sheet regarding same was published by NYSDEC.

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Pre-Design Investigation Findings (PDI) Roux performed a PDI on June 19, 2020 by collecting soil samples beneath the proposed stormwater infiltration areas. These areas were chosen for stormwater infiltration because they are not located in areas of former site operational activities and were not expected to show any exceedances in NYSDEC criteria for metals or SVOCs. It is noted that NYSDEC has approval authority of the location of the drainage infiltration zones through its review and approval of the RAWP. The purpose of the PDI was to characterize the quality of soil that will remain beneath the proposed stormwater infiltration areas during future use of the subject property. Previous soil samples collected in the vicinity of the proposed stormwater infiltration areas during the 2015 Soil Investigation did not detect analytes in exceedance of NYSDEC CSCOs.

On June 19, 2020, Mueser Rutledge Consulting Engineers (MRCE) installed seven percolation test borings to varying depths in the proposed stormwater infiltration areas. During installation of the borings, Roux collected soil samples from the two-foot interval immediately below each percolation test boring to be representative of the soil quality to remain after the installation. A total of seven soil samples (one from each test boring) and one duplicate soil sample were submitted for analysis of the following parameters to encompass the COCs in soil including TAL metals, TCL VOCs, and SVOCs \. The data indicated that there were no concentrations of metals or SVOCs that exceeded the above-mentioned NYSDEC criteria in any of the soil samples, which are representative of the proposed stormwater infiltration zones. Based on the results, it appears that no site-specific COCs will be mobilized by the discharge of stormwater in the five proposed infiltration areas.

Alternative Analysis Report/Remedial Action Work Plan (AAR/RAWP) Description of Process and General Timeframe As described above, remedial investigations were completed at the subject property from 1987 through 2019 and included extensive soil sampling, groundwater sampling and soil vapor sampling. During the remedial investigations, more than 750 soil samples from approximately 500 locations were collected and analyzed. As noted in the NYSDEC’s June 2020 Brownfield Cleanup Program Fact Sheet for the subject property (Site No. C130002); NYSDEC has reviewed the Remedial Investigation Report for the Syosset Park Lots 251 & 252 site located at 305 Robbins Lane, Syosset, Nassau County. Based on the findings of the investigation, DEC, in consultation with the New York State Department of Health (DOH), has determined the site does not pose a significant threat to public health or the environment. However, cleanup has been determined necessary to satisfy the stringent requirements of the Brownfield Cleanup Program (BCP). This decision is based on data obtained from the Remedial Investigation.

The NYSDEC and the NYSDOH determined that copper and and SVOCs are COCsin site soils, requiring an evaluation for Remedial Action. Accordingly, Roux prepared and submitted an AAR/RAWP to the NYSDEC in July 2020, and a revised AAR/RAWP in November 2020. The AAR/RAWP summarizes the nature and extent of contamination as determined from the RI, provides an evaluation of remedial alternatives, and describes a remedial action program for the Preferred Remedy, which, once approved, will be implemented with strict NYSDEC and NYSDOH oversight. The next step involved the issuance of a Fact Sheet by the NYSDEC to the parties on the BCP Contact List on November 25, 2020 that advises as to the availability of the AAR/RAWP and the public’s right to comment on it. The AAR/RAWP was prepared in accordance with all applicable statutes and regulations and in substantial conformance with the NYSDEC DER Technical Guidance for Site Investigation and Remediation (DER-10). The next steps after the AAR/RAWP is made available include a 45-day public comment period on the remedy (thru January 11, 2021). After the close of the comment period, NYSDEC will approve the AAR/RAWP or require revision based on comments received. Before Applicant starts construction of the remedy, NYSDEC will provide another fact sheet announcing the start of construction and, upon completion of construction of the remedy a final engineering report (FER) will be prepared to document that the remedy was performed in accordance with the approved

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DRAFT TEQR REPORT (RECOMMENDED DETERMINATION OF SIGNIFICANCE): 305 Robbins Lane, Syosset Syosset Park Warehouse December 15, 2020 ------

RAWP. NYSDEC will prepare and distribute a fact sheet on FER, then, when institutional/engineering controls are used, as in this case, NYSDEC will issue a certificate of completion and will send the fact sheet to contact list describing such controls within 10 days of issuance of certificate. As noted, a Site Management Plan will be implemented by the site owner to continue to operate, monitor and maintain the remedy and, as part of that plan, annual Institutional Control/Environmental Control Certifications will be submitted to the NYSDEC.

The goal of the remedial alternatives evaluation process under the BCP is to identify a preferred remedy that is protective of human health and the environment taking into consideration the current and anticipated future use of the Site. Each remedial alternative is evaluated based on the following factors: • Protection of human health and the environment • Compliance with standards, criteria and guidelines (SCGs) • Short-term effectiveness and impacts • Long-term effectiveness and permanence • Reduction of toxicity, mobility or volume of contaminated material • Implement ability • Cost effectiveness • Community acceptance • Land use

BCP Process Summary Conclusion The investigations undertaken as part of the BCP requirements have determined that there is no groundwater contamination to remediate, there are no vapor issues to remediate, and only residual contamination remains in the soil. Roux prepared and submitted an AAR/RAWP to the NYSDEC in July 2020 and a revised draft for public comment in November 2020. NYSDEC issued a Fact Sheet to advise as to the availability of the AAR/RAWP and the public’s right to comment on it. The 45-day public comment periods concludes on January 11, 2021.Therefore, there is no anticipated impact as it pertains to hazardous materials and/or the potential to adversely impact human health and safety as a result of the proposed action.

Open Space and Recreation The proposed project is located in a Light Industrial Zone predominated by commercial development. The prosed action does not entail redevelopment activity that could potentially adversely impact open parkland or recreational resources. The site has not been redeveloped into open space or parkland; therefore the community will not be disadvantaged by the loss of open space or parkland. Robbins Lane Community Park, Syosset-Woodbury Community Park, Trail View State Park; Matthew D. Lynch Field, various playgrounds/pocket parks within nearby residential subdivision communities, and; Stillwell Woods County Park are located in the relative project vicinity. It is not anticipated that the proposed action will significantly affect the utilization, access or enjoyment of these open space and recreational opportunities. DER specifically requested additional information on local parks in order to evaluate this issue which was providing to the satisfaction of DER in EEA and revised FEAF. Based on these considerations, it is concluded that the proposed action will not result in significant adverse impacts with respect to open space and recreational facilities.

Other Community Services The proposed facility is a commercial use, which will generate school taxes without placing any additional significant demand on public school facilities. The applicant is actively working with local utility providers, the Fire District and School District in order to address their concerns. Any increased demand on other public services is expected to be minor and is not anticipated to cause a significant adverse impact on community services.

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Aesthetic and Visual Resources The proposed action involves the redevelopment of the site with enhanced landscaping and the architectural features incorporated into the building design which would constitute an aesthetic improvement as compared to the existing condition. The refurbishment of the premises in this manner, particularly with respect to the improved landscaping design and variety of aesthetically appealing vegetation, will improve the aesthetic appearance of the site. There are no particularly significant viewsheds in the immediate vicinity or surrounding area, however; given the proximity to residential properties and high visibility of the site from surrounding properties, landscape screening and light shielding and design measures were incorporated into the proposed action in order to minimize impacts to the surrounding community.

The planting plan provides for enhanced biodiversity and visual interest as compared to the current condition. The proposed landscape buffer along Robbins Lane is 20 feet in width, which will allow for substantial plant diversity on the property. Amongst the other plantings, spring flowering trees, flowering shrubs and perennials are included in this buffer to provide both variety and color interest across this street frontage. The landscape buffer along most of Miller Place has a depth of 12 feet. Plant species to be installed will provide variety, as well as textural contrast and spring and fall color interest among the proposed street trees and perennials. The buffer depths, plant variety and color palette will provide screening and visual interest along both street frontages. No landscaping will be greater than 2.5 feet in height on any corners to ensure there is appropriate vehicular visibility. Based on the aforementioned, it is not anticipated that there will be any significant adverse impacts to aesthetic resources as a result of the proposed action.

Historic and Archaeological Resources According to a review of The New York State Office of Parks, Recreation and Historic Preservation (OPRHP) Cultural Resource Information System (CRIS) map, the project site is not mapped within an area of archaeological sensitivity nor an archaeological survey area. The OPRHP Map was included in the EEA and was reviewed by DER. The subject property does not contain historically significant resources and lacks the characteristics which would suggest the potential presence of significant archaeological resources. The subject property is located in an area which has been previously disturbed during prior site development, demolishment activities, and prior decommission and remediation activities. DER requested that the applicant provided substantiation through the NYSDEC mapper and NYS Office of Parks Recreation and Historic Preservation (OPRHP) State Historic Preservation Office (SHPO) which was provided to the satisfaction of DER. There are no areas directly within or substantially contiguous to areas identified as “archeo-senstive.” Thus, it is not anticipated that any historic or archeological resources would be disturbed or impacted at this location due to prior ground disturbance. Therefore, it is not anticipated that the proposed project will have any significant impact on historic or archaeological resources.

CONCLUSION AND RECOMMENDATION – If the Planning Advisory Board as lead agency concludes that the foregoing information fully addresses the relevant environmental issues, such that it is determined that the proposed action does not pose the potential for significant adverse environmental impacts, the requirements of SEQR/TEQR can be fulfilled by adopting a Negative Declaration, either as part of the approval or via a separate document. In either case, the Negative Declaration should cite the present TEQR Report as the basis for the SEQR determination.

If the lead agency concurs with this recommendation, and proceeds with the adoption of a Negative Declaration for this proposed action, Part III of the NYS Full EAF should be signed and returned to DER for filing. DER will then prepare the documentation to present to NYSDEC for publication in the NYSDEC Environmental Notice Bulletin, which will complete the SEQR/TEQR process.

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