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of Brookhaven Long Island

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Brian X. Foley,

To:

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Lawrence Constantino, AICP, Principal Planner, Planning Division, PELM

From: Peter E. Fountaine, Environmental Analyst, DEP, PELM

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Date:

August 4, 2008

Re:

Eastport Meadows, Eastport Preliminary Subdivision Log # 2004- 1 7 1-PS, wJCluster Treatment SCTM # 0200-68500-0 100-002000 (1 7.37 acres), -00400 1 (77.6 acres), and -007000 (2.6 acres)

The Division of Environmental Protection (DEP) has reviewed the preliminary subdivision plan for the above mentioned project; the applicant is proposing the subdivision of three lots consisting of 97.73 acres into 70 lots for the construction of single-family dwellings, on-site sanitary systems, associated clearing and grading, driveways, roadways, drainage structures, and a proposed three acre recharge basin. 'The subject properties are situated at the southeast comer of East Moriches - Riverhead Road (CR 51) and the south service road of Sunrise Highway (NYS 27) and are bounded on the east by single-family residences, the west by Spadaro Airport, and the south by Old Montauk Highway (CR 80) in Eastport. They are zoned A-Residential-1 with the exception of 8.98 acres of the 77.6 acre parcel which is zoned as a NH-H Health Facility District. Approximately 95 acres of the subject properties north of Old Montauk Highway and Manorville Branch Road, south of Sunrise Highway are located within the Central Pine Barrens Compatible Growth Area (CPBCGA). The primary concern of this Division is that the development of the properties shall comply with the Code of the Town of Brookhaven and t.he Standards and Guidelines contained in the Central Pine Barrens Comprehensive Land Use Plan. As per Chapter 85, Zoning, Article XXXVII, Central Pine Barrens District, 85-448, Standards, of the Town Code, Figure 5-1, 53% of the 95 acres within the CPBCGA, equivalent to 50.35 acres would be allowed to be cleared. It is proposed that 47.65 acres be cleared for development of the subdivision including the threeacre recharge basin. A park dedication of 10.35 acres is proposed which would bring the total of the cleared area to 58 acres, approximately eight acres above the permitted clearing limit, as mentioned above. This proposed 58 acres of clearing would not comply with the standards. As stated in the attached September 1 , 2005 letter from the Central Pine Barrens Joint Planning and Policy Commission (CPRJPPC), if the project does not conform to the standards for development within the CPRCGA a hardship permit from the Commission will be required.

'l'he open space proposed on the submitted maps is noncontiguous and environmentally compromised in many areas. This Division strongly supports the use of a clustered subdivision of land, however, thc orientation and configuration of the open space should fully comply with the

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Log # 2004- 171-PS.wIClustcr Treatment, Page 2 of 6

open space standard. Additionally, noncontiguous open space is difficult for the Town to police and to maintain in the event of trespassing and misuse. Chapter 85, Zoning, Article XXXVII, Central Pine Barrens District, (j 85-448(E)(2), Unfragmented open space, of the Town Code states: "(a) Subdivision and site plan design shall support the preservation of natural vegetation in large unbroken blocks that allow contiguous open spaces to be established when adjacent parcels are developed. Subdivision and site plan designs should also be configured in such a way as to prioritize the preservation of native Pine Barrens vegetation to the maximum extent practicable." It is recommended that the proposed rectangular 10.35-acre park area be relocated to the northeast of the property adjacent to the residential areas along Head of the Neck Road and Old Eastport Manor Road and that it be orientated so that the long side of the park is in a nortWsouth orientation rather than its current eastjwest orientation. The recommended realignment of the proposed park area is shown on an attached aerial map. The proposed park should be appropriately screened from Head of the Neck Road, Sunrise Highway, and the residential area to the east with nondisturbance buffers of no less than 100 feet in width as recommended in the CR 51 Corridor Land Use Plan. The relocation of the park area will provide for contiguous open space, move the ingress and egress of the proposed park away from the Sunrise Highway service road intersection with CR 5 1, and perhaps allow additional access from Head of the Neck Road. The subject properties, consisting of approximately 75 acres of successional old-field and 20 acres of pitch pine-oak forest, are a significant contribution to the rural character and scenic quality of the area and are included in the proposed Eastport Farms Protection Area Critical Resource Area (CRA) within the Compatible Growth Area of the Central Pine Barrens. This CRA encompasses about 690 acres and contains the second largest assemblage of undeveloped agricultural properties in the Town of Brookhaven. The project is located within the Central Suffolk Special Groundwater Protection Area (SGPA), the Suffolk County Department of Health Services (SCDHS) Groundwater Management Zone VI, the South Shore Critical Environmental Area - East (SSCEA - East), and the Eastern Bays subregion of the South Shore Estuary Reserve (SSER). Positioned within the watershed area of the Little Seatuck Creek and partially within the watershed area of Seatuck Creek, the drainage from the development of the subject properties and the proposed septic systems will most likely travel through the creeks and negatively impact the Moriches Bay.

A significant area bordering Old Montauk Highway is located within the Eastport Historic District and Historic District Transition Zone. In the attached September 14, 2005 letter from the I-Iistoric District Advisory Committee (HDAC), previous plans submitted by the applicant were recommended for denial. The acquisition of the 97.73-acre vista, that has been actively farmed or remained as an open vista since the settlement of the area, was recommended. The letter further stated that the natural state of the vista is a defining feature of the EastportManorville community. In the event that the Planning Board approved the proposed subdivision, the IiDAC recommended the significant reduction of the proposed lots so as not to negatively impact the Ilistoric Ilistrict or Ilistoric District Transition Zone with the introduction of large scale development on an existing community defining vista and on the Compatible Growth Area ol'the Pinc 13arrcns. that a minimum buffer area of 50 Sect with indigenous cvergrccns be planted

Log # 2004- 171 - 1 5 , w;Cluslc.r Trcatrn~nt.Page 3 o f 6

along all boundaries of the property, and that the existing dense vegetation along Old Montauk Highway (CR 80) remains undisturbed. The proposed Eastport Meadows properties were included in the CR 5 1 Corridor Land Use Study Area and addressed in the July 2007 Final CR 51 Corridor Land Use Plan. Plan recommendations made with regard to the above-mentioned properties are as follows: "The wooded lot in East Moriches identified as SCTM #: 200-685-1-2 that is part of the proposed "Eastport Meadows" subdivision should be preserved as part of the approval of the application." (Pg. 5 1 ) "On between ten and thirty acres of the Eastport Meadows property (SCTM#: 200-685-1 -4.1 ) along the eastbound Sunrise Highway service road, create a recreational facilities, such as baseball, softball, football, and soccer fields, playground areas, outdoor tennis and basketball courts, a skate park, or other similar recreational uses, a local community meeting house where social and civic activities can take place, and preserved natural open space with hiking trails andon and off-road bicycle trails, bike racks, and perhaps interpretive kiosks and signage as appropriate. The design of this recreational center should follow the general standards provided by the National Recreation and Park Association and the American Academy for Park and Recreation Administration, which are summarized in Table 6." (Pg. 5 3)

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"A 100-foot wide buffer along the Sunrise Highway ramp should to be allowed to revegetate naturally and be augmented with native plantings. An access road or driveway should be provided off of the ramp to this park to provide easy access and egress. A 100-foot wooded buffer should be established along the northeastern boundary of the park or recreational use to provide screening and buffering from the existing adjacent residential development." (Pg. 53)

"The northern portion of the Eastport Meadows should be considered for a recreationaltcivic type of land use." (Pg. 54) "Establish a publicly accessible trail system through the woodlands on the CR 91 right-ofway on the west side of CR 5 1, south of Sunrise Highway and link it to recreational facilities recommended at the Eastport Meadows site. This trail would extend off of an existing trail that leads to the Pine-to-Bay Trail, and should be open to hikers and bicyclists but not to motorized vehicles. The Pine-to-Bay Trail in turn connects to the "Shore-to-Core Trail" which together link the Great South Bay to Long Island Sound (See Figure 7)." (Pg. 54) "Establish rninimurn 100-foot wooded buffers along the recommended trail system that extends from the south side of Sunrise Highway (on the west side of the corridor planning area) to the recomtnended rccreational/community center at the Eastport Meadows site." (Pg. 54) "Consider the creation of public parkland and recreational and community facilities on bctwccn ten and thirty acres of the I:'astport Meadows property (SC71'M#: 200-685-1-4.1) along the eastbound Sunrise llighway sewice road. 'l'his parkland could include outdoor rccrcational fhcilitics such as ball Iiclds, tennis and basketball courts, and hiking trails, as \sell as a community rnccting house." (Pg. 62)

Log # 2004- 17 I -PS, wiClustcr Trcatmcnt, Pagc 4 of 6

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"In addition, to the above, there are two possible areas of open space that should be automatically considered as part of the pending review of proposed development at the Eastport Meadows site. This includes protection of the existing 17.3-acre woodlands located between the airport and Eastport Meadows site and consideration of 10 to 30 acres of public parkland at the north end of the site along Sunrise Highway. Alternatives for acquisition include: dedication as a public benefit in connection with a subdivision application on the remainder of the property, or municipal acquisition by the County andtor Town." (Pg. A-45)

Pages 51 through 54, 62, A-44, A-45, and Figure 7, Land Use Recommendations, from the Final CR 51 Land Use Plan are attached. The Division of Environmental Protection has the following recommendations in addition to the above recommendations regarding this preliminary subdivision plan: The location of the recharge basin should be reconsidered. The current location, within the CPBCGA, will negatively impact the contiguousness of the proposed open space dedication and result in the destruction of three or more acres of the ecologically significant pitch pineoak forest community located on the property that also provides a substantial buffer from the Spadaro Airport to the west. The placement of the recharge basin at the current location could also impede the "Pine-to-Bay Trail" and in turn the "Shore-to-Core Trail" that together link the Great South Bay to Long Island Sound. Please see the attached Figure 7, Land Use Recommendations, from the Final CR 5 1 Land Use Plan, which illustrates the proposed link. It is recommended that the recharge basin be moved out of the CPBCGA to the 2.51-acre parcel south of the unopened Manorville Branch Road and adjacent to the New York State Recharge Basin. If it is determined that the size of this parcel cannot accommodate all of the required flow, we urge that drainage modifications be made to capture and recharge within the subdivision. The approximately 20 foot wide proposed open space dedication between lots 28 and 29, the approximately fifty foot wide proposed open space dedication along the northern side of Manorville Branch Road, and the wooded areas proposed for open space dedication between the two out parcels along Old Montauk Highway west of the proposed Alana Road are considered noncontiguous open space and should be declined for dedication. These areas should be utilized for lot area and the square footage should be transferred to the northern or western borders of the proposed development to be contiguous with the other dedications. Due to prior agricultural activity on the property, the transformer oil spill in April 2000 at the northeast comer of the property, and the 2002 Suffolk County Department of Health Services (SCDHS) discovery of perchlorate from the Spadaro Airport on-site water supply well, the applicant should be required to conduct soil testing on all areas proposed for clearing and the proposed park area in particular. The testing should comply with the criteria set forth by the Suffolk County Department of Health Services (SCDHS), P r o ~ ~ ~ l z tFor r c s M~tnicipcr1itie.s7b E ~ ~ ~ l r r oTlie t e Nced For Soil S(~n~plitrg And Soil Muntjgemerlt / I t S~rbdivi.sion.sOr Other C'oti.strtrc~tionPrc?jt.ct.s \tjirh i30tc~nriullvContaminc~retfSoil?; (Draft February 2006). ?'he applicant shall provide the Town with a soil analysis report for review prior to preliminary subdivision approval. Depcndcnt on the results of the soil testing, a soil remediation plan may be required. Iluc to wetlands areas associated with the hcadwatcrs of I.ittlc Scatuck Crcck located to the north of' Montauk I lighway west 01' the 2.5 1 acre parcel and indicalcd on thc attached 1:igurc 4 of the l.'inal C'K 51 1.and l!se I'lan, a I'own of' 13rookhavcn "Wetlands and Watcr\cws

Log U 2004-1 7 1 -PS. w:Clustc~Treat~nent.Pagc 5 of 6

Permit" may be required if activity occurs in the adjacent area (within 150 feet) of a regulated wetland. The extent of all wetlands within 200 feet of the property boundary should be shown on all future surveys.

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Chapter 85, Article XXVIIB, Wetlands Overlay District, 3 85-287.1, Adjacent buffer area, of the Town Code requires, "A minimum buffer area of 100 feet extending landward from the wetlands or surface water shall be required." The 100-foot adjacent wetlands buffer should be shown on all future surveys. A vegetated natural and undisturbed buffer of approximately 100 feet is recommended along the eastern and southern property lines to reduce the impact of the subdivision to the existing residential areas to the east and south.

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Existing trees should be preserved to the maximum extent possible and street trees with a minimum caliper of four inches should be planted and maintained adjacent to all road frontages in accordance with Town standards. Previous correspondence with the NYSDEC - New York Natural Heritage Program indicated that endangered and threatened plant species may occur on or in the immediate vicinity of the project site. A rare plant species investigation was performed and a report was submitted by the applicant which concluded that the Natural Heritage Program listed species, Collins' Sedge (Carex collinsii) and Swamp Sunflower (Helianthus angust~olius),were most likely not present on the project site. The report was reviewed by NYSDEC - New York Natural Heritage Program staff that concluded the same. This Division will require that a wildlife sweep plan be submitted, approved, and implemented prior to any clearing activities.

A temporary fence delineating the limits of clearing should be installed prior to any clearing activities. Erosion and runoff control practices, including the use of hay bales, silt fences, and earth berms should be employed during construction on the property. All disturbed areas must be replanted within 30 days. If weather prohibits replanting, all disturbed areas must be mulched, stabilized, and replanted as soon as the weather permits.

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The maximum amount of fertilizer dependent vegetation must not exceed 15% of the total site area. This will reduce impacts of nitrogen and other lawn chemicals that adversely impact ground and surface water quality. Native species of vegetation should be utilized to the greatest extent possible for landscaping purposes. As per Chapter 85, Article XXXIX,Exterior Lighting Standards, of the Town Code, dark-sky compliant street lighting shall be installed along the new roadways Phoebe Circle and Alana Road. A11 runoff' from the parcels including driveways, roofs, and othcr impenncable surfaces shall be discharged onsite lo leaching pools and/or drywells. All debris, liltcr, and garbage should be rcmovcd I'rom the subject propcrty and disposed o f a l approwd disposal site prior lo thc sale or transkr of'any lot.

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Log # 2004- 17 1 -PS, w!Clustcr Treutmcnl. Psgc 6 of 6

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All restrictions, conditions, covenants, and easements such as open space dedications, natural buffer zones, limits of clearing, preserved trees, fertilizer dependent vegetation, as well as indication of the proximity of Spadaro Airport shall be illustrated and noted on the final map prior to final approval and also shown and stated on individual surveys at the time of application for building pennits with the Department of Planning.

If you have any questions, comments, or require additional information please do not hesitate to contact me.

PEF Attachments