Loading...
HomeMy WebLinkAbout7463SE t LA L-LL I-D c6vA (ALOO nun ,5 v T� tyu Sks --T� 012A h5n e��y s P � N it 11 '1 sex A-) lifl)A 9A A-jq-03 i CHECK BOXES AS I s (i ( ) Tape this form to c (> o a O ( ) CL Pull ZBA copy of NI - a CL ( ) Check file boxes fo y ( ) Assign next numbe o aside of file fold( m. MmXrn � � 0) �) Date stamp entire ! 3 v =r o --4 (0 CD file numberD - w o : o Glc ( ) Hole punch entire i M,-00 �- m o �' cu c° - ? (before sending to ' h o m r-a D s ( ) Create new index c o Z n N r� .p -< cn C7 ( ) Print contact info 8 U,- C° C C C:) � a ( ) Prepare transmitta. @� o `' o ).Send bri"nal appiic 0 °D to Town Clerk o ( ) Npt (i'side,fife fold3- ------ - ( ) �oRY County Tax M,�- � $ rfeighbors and AG lbta .. ( ) i�lakQ"7 cop'ies,an,d put ( ) Do mailing label BOARD MEMBERS ®��®F s® y®l Southold Town Hall Leslie Kanes Weisman,Chairperson ® 53095 Main Road•P.O.Box 1179 tt Southold,NY 11971-0959 Patricia Acampora yC Office Location: Eric Dantes ® �� Town Annex/First Floor, Robert Lehnert,Jr. ®lf• 54375 Main Road(at Youngs Avenue) Nicholas Planamento c®UNm Southold,NY 11971 http://southoldtowmy.gov I ZONING BOARD OF APPEALS RECEIVE® TOWN OF SOUTHOLD & Q_ 6y Q:qj Aye Tel.(631)765-1809•Fax(631)765-9064 U MAY_ 1 1 2021 andJl ES�rth4old T®1fV61 Clerk FINDINGS,DELIBERATIONS AND DETERMINATIO MEETING OF MAY 6,2021 ZBA FILE No.: #7463SE NAME OF APPLICANT: Suffolk County Energy Storage II, LLC. PROPERTY LOCATION: 69430 Main Road(NYS Route 25), Greenport,NY SCTM No. 1000-45-5-1 SEQRA DETERMINATION: On February 4, 2021,the Zoning Board of Appeals,pursuant to 6 NYCRR Part 617 of the State Environmental Quality Review Act(SEQRA), and subsequent to the completion of a coordinated review, declared itself as Lead Agency for the Unlisted Action of a proposed battery energy storage system (BESS) facility located at 69430 Main Road, Greenport, SCTM No. 1000-45-5-1. Based upon a SEQRA review conducted by the Southold Town Planning Department and their March 1, 2021 Notice of Determination of Non-Significance, on March 4, 2021 the Zoning Board of Appeals determined that the proposed Action will not have a significant effect on the environment and issued a Negative Declaration. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 thru A 14-24, and the Suffolk County Department of Planning (SCDP) issued its reply dated January 12, 2021 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. Pursuant to the Lead Agency Coordination Request,the SCDP responded on February 1,2021 stating that they have no objection to the Town of Southold assuming Lead Agency status and that they reserve the right to comment on this proposed action in the future and want to be kept informed of all actions taken pursuant to SEQRA. LWRP DETERMINATION: This application was referred for review under Chapter 268, Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. The LWRP Coordinator issued a recommendation dated March 1, 2021, in which he stated that "based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, the proposal is recommended as INCONSISTENT with the following LWRP policy standards and therefore INCONSISTENT with the LWRP": Page 2,May 6,2021 #7463, Suffolk County Energy Storage II,LLC SCTM No. 1000-45-5-1 SummM o� tndings under LWRP Policies 1, 3 4, 6.1 and 6.4: The LWRP Coordinator noted that the parcel contains poorly drained soils and that located on the eastern portion of the parcel is a Town of Southold regulated freshwater wetland, both of which increase the potential for flooding and surface runoff. The LWRP Coordinator also found that Pursuant to Chapter 236 Stormwater Management of the Southold Town code shall apply and stormwater must remain on site. The LWRP Coordinator recommended that in the event the action is approved, the creation of a 100- foot-wide non-disturbance buffer set forth in a recordable document and filed with the Clerk of Suffolk County based upon the environmental sensitivity, soil properties, proximity to preserved lands and stormwater runoff, in order to meet policy standards. Further,the buffer should be. The LWRP Coordinator also recommended that because of seasonal groundwater fluctuations and flooding,and potential flooding from storm surge,development of the parcel should be minimized. The also recommended several mitigation actions to be taken by the applicant. Summary of findings under Policy 13.3: Ensure maximum efficiency and minimum adverse environmental impact when siting major energy generating facilities. The LWRP Coordinator noted that although policy 13.3 speaks to energy generation in the LWRP, energy storage systems were not contemplated when the LWRP was adopted. The LWRP Coordinator found that there is a demonstrated need for the facility and the use will satisfy additional electric capacity needs and electric system needs. The LWRP Coordinator also found that the proposed use is expected to have a visual impact on NYS Route 25,a New York Scenic Byway and has the capability to directly and indirectly impact wildlife species in the area during and after construction from noise, grading, stormwater runoff, etc., over time. The Zoning Board of Appeals has considered in this decision,all of the recommended actions and potential impacts addressed in the LWRP DETERMINATION of INCONSISTENCY and, based upon the incorporation of numerous CONDITIONS of approval imposed herein,now determines the proposed action to be CONSISTENT with LWRP policy standards and therefore CONSISTENT with the LWRP. SUMMARY OF COMMENTS RECEIVED FROM AGENCIES AND BOARDS TOWN OF SOUTHOLD PLANNING BOARD: This application was referred to the Town of Southold Planning Board who issued its reply dated March 1,2021.The Planning Board comments acknowledge the benefits of the proposed battery energy storage system facility to the public. However,the Planning Board objected to the proposed location or reasons summarized below: 1. The proposed lot coverage 47.93% exceeds allowable lot coverage of 30%; 2. The LI Zoning District requires a front yard setback of 100 feet from a right of way in order to mitigate visual impacts along the NYS Scenic Byway. Here,the applicant has proposed a 25-foot front yard setback; 3. The Planning Board also found that the applicant is proposing improvements to be constructed less than the minimum setback to town regulated wetlands of 100 feet. However, the Board notes that the applicant has argued that section 275-3 (D)(1)(a)of the Town Code does not provide minimum setbacks for industrial uses such as the one proposed in this application; 4. The existence of a high-quality freshwater wetland system in the rear of the property and on the adjacent preserved open space owned by Suffolk County; 5. A finding that the parcel seasonally floods due to groundwater conditions and soil characteristics; 6. The fact that the rear portion of the parcel is located within a Significant Coastal Fish and Wildlife Habitat Area, and; 7. The Planning Board determined that the proposal is not fully consistent with Objective 6.6 of the Southold Town Comprehensive Plan adopted in 2020 which addresses protecting scenic view sheds when locating energy generating or transmission facilities. Page 3,May 6,2021 #7463, Suffolk County Energy Storage II,LLC SCTM No. 1000-45-5-1 TOWN OF SOUTHOLD BOARD OF TRUSTEES: The application was referred to the Board of Trustees as an involved agency and as part of a coordinated review under Article 8 of SEQRA. In their response dated March 15, 2021, they made recommendations based upon environmental concerns specific to the Town Code Chapter 275 Wetlands and Shorelines which included establishing a minimum 50 foot non-disturbance buffer,planting of native species on the seaward side of the proposed fence,containment of potential leaks into wetlands from the battery energy storage system,and raising the elevation of structures to account for rising sea levels and to mitigate against potential flooding and storm damage. TOWN OF SOUTHOLD DEPARTMENT OF LAND PRESERVATION: This application was referred to the Town of Southold Land Preservation Coordinator who issued a report dated January 29, 2021. To summarize, the Coordinator described the subject parcel and surrounding area as environmentally sensitive with numerous public and private entities, including Federal and State, the Nature Conservancy,and the Group for the East End,having contributed to its preservation effort. The subject site and other properties in the immediate area are included on numerous lists for preservation and open space,and interconnected with adjacent preserved lands. The Coordinator further discussed information,funding and goals pertaining to the"Bay to Sound Project"of interconnected public hiking trails which began in 2007 as work conducted on Town, County and Village preserves and parks in the Greenport area in which the subject parcel is included. THE LONG ISLAND POWER AUTHORITY AND PSEG LONG ISLAND: In their letter of March 10, 2021, in response to the Agency Coordination Request, pursuant to SEQRA, stated that they consented to the Town of Southold acting as Lead Agency for this Action. NEW YORK STATE DEPARTMENT OF CONSERVATION: In their Agency Coordination Response, pursuant to SEQRA, the agency stated they have no objection to the Zoning Board of Appeals assuming Lead Agency,and additionally commented on the need for the applicant to apply for a Wetlands Permit and a General Permit for Stormwater Discharge(SPDES). RESPONSE TO AGENCY AND BOARD COMMENTS SEQRA PRINCIPLE OF REASONABLENESS: In issuing a Negative Declaration,the Board of Appeals recognized the potential for environmental impacts that could be generated by the proposed BESS, and applied the PRINCIPLE OF REASONABLENESS following the SEQR Handbook explanation (page 5) regarding the term"significant"when assessing an action: "The range of decision making by agencies and the comprehensive nature of SEQR continually present new circumstances that require judgment to apply SEQR.For instance, SEQR asks the lead agency to decide how many alternatives should be reviewed,how much information is enough,and if the proposed action is really "significant." All lead agencies routinely face these and similar questions. While there cannot be black-and-white answers to such matters, there is one basic principle or rule that can be used: the rule of reason.The regulations provide abundant support and tools for basing judgments on how to manage the SEQR process by choosing a reasonable approach The principle of reasonableness as put into practice in SEQR decision making has been upheld by the courts In addressing the review of impacts the courts have limited the consideration of impacts to reasonably related potential impacts. The court decisions have also stated that not every conceivable impact needs to be considered-speculative impacts may be ignored." The adverse impacts described above in comments from various agencies and boards, in most cases were based upon a review of the survey submitted by the applicant for this Special Exception application. Page 4,May 6,2021 #7463, Suffolk County Energy Storage II,LLC SCTM No. 1000-45-5-1 Concerns cited included excessive lot coverage,non-conforming setbacks from property lines and wetlands, the preservation of scenic view sheds and possible on-site flooding,among others.However,the applicant's attorney explained at both public hearings and in written submissions,that the undated survey submitted to the ZBA, stamped received by the ZBA on January 15,2021,was merely conceptual and would ultimately be revised during the required site plan approval process before the Planning Board and through possible additional modifications made during approvals by other required agencies. Similarly,the Negative Declaration adopted by this Board found that there was potential for impacts from this project, but that through the approval process, these impacts could be mitigated and therefore would not rise to level of"moderate to large impacts"that would have required a Positive Declaration. Therefore, the Board of Appeals, in applying the SEQR principle of reasonableness, has determined that although the conclusions reached in the agency and board comments received correctly identify potential environmental and other impacts, including but not limited to the need for variance relief, these impacts will be mitigated by the conditions imposed by the various reviewing agencies, including the conditions set forth in this determination below. PROPERTY FACTS/DESCRIPTION: The subject property is a 2.023-acre parcel located in a Light Industrial Zone which is currently developed with a single-family dwelling and two sheds. The northerly property line measures 300.86 feet and is adjacent to the Main Road(NYS Route 25);the easterly property line measures 290.00 feet;the southerly property line measures 300.00 feet; and the westerly property line measures 290.03 feet. The property contains approximately one-quarter acre of mapped fresh water wetlands designated by the New York State Department of Environmental Conservation delineated by D. Lewis dated 10/17/19, as shown on a survey prepared by Robert W. Brown, LS, undated, but stamped received by the Zoning Board of Appeals January 15, 2021. Approximately one-half acre of the property is within a NYS Department of State designated Significant Fish and Wildlife habitat. BASIS OF APPLICATION: Request for Special Exception pursuant to Article XV, Code Section 280 - 62B(5) to construct and allow for public utility structures and uses; i.e., battery energy storage system facility; located at 69430 Main Road(NYS Route 25), Greenport,NY. SCTM#1000-45-5-1. RELIEF REQUESTED: The applicant proposes to develop a Battery Energy Storage System (BESS) project on the subject property (see project description below). While no standards for such systems are currently addressed in the Southold Town Code, the code does permit Special Exception Uses in a Light Industrial Zone that include "Public Utility Structures and Uses." Where no definition exists in the Town Code, the Board is directed to use the dictionary definition. Webster's Dictionary defines a public utility as "a business organization (such as an electric company) performing a public service and subject to special governmental regulation."By defining this project as a public utility,the Board of Appeals has the authority to hear the'applicant's request for a Special Exception permit for the proposed battery energy storage system use. ADDITIONAL INFORMATION: The applicant's attorney informed the Board of Appeals from the outset,that the survey that was submitted with this Special Exception Permit application is only a conceptual design that will ultimately be revised into a more fully developed, more specific site plan design, based on the system requirement set forth by LIPA, for submission to the Southold Town Planning Board if this Special Exception application is approved.Therefore,the ZBA understands that the subject application before us is only for approval of the use. The applicant's attorney further explained that a Special Exception approval will enable the applicant to meet the requirements of the Long Island Power Authority's Request for Proposals (RFP) which the applicant has already submitted, and to obtain a LIPA contract to design and construct the proposed BESS Page 5,May 6,2021 #7463, Suffolk County Energy Storage II,LLC SCTM No. 1000-45-5-1 and connect into the nearby LIPA substation. The applicant's attorney further acknowledged that, in addition to site plan approval by the Planning Board, approvals will also be required from other agencies and Boards. PUBLIC COMMENTS The Zoning Board of Appeals received numerous letters of both support for and opposition to the proposed project. Support was largely based upon the need to stabilize the energy grid and help meet peak energy demands using a renewable, non-polluting technology. Opposition was largely based upon concerns over potential adverse environmental impacts due to the proximity of the proposed subject property to wetlands and preserved open space. In summary,the general theme of those in opposition to the application was"a good project in the wrong location." PROJECT DESCRIPTION The applicant is a wholly-owned subsidiary of Savion,LLC. Savion is owned by Macquarie Group's Green Investment Group and is recognized and experienced in utility-scale solar and energy storage development in the United States. The proposed battery energy storage system (BESS) facilities will consist of battery enclosures, which contain racks of lithium-ion batteries; inverters, which convert electricity from AC to DC when charging from LIPA's 8J Southold Substation, and DC to AC when discharging to LIPA's Southold Substation; transformers, which "step-up" and "step-down" the system voltage; Heating, Ventilation and Air Conditioning (HVAC) cooling systems (batteries generate heat when charging and discharging); control instrumentation, and electric grid interconnection switchgear for the 13/69kV(kilovolt) interconnection, which provide switching and protection to the BESS's electrical systems;and the Project's interconnections to both LIPA's existing 8J LIPA Substation and Suffolk County Water Authority's existing Main Road water main. The current owner of the subject property has authorized the applicant to seek all site related permits,prior to the contract of sale. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held public hearings on this application on March 4, 2021 and April 1, 2021 at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property and surrounding neighborhood, and other evidence,the Zoning Board finds the following facts to be true and relevant and makes the following findings: The Board has reviewed the General Standards governing Special Exception uses set forth in Section 280- 142 and fznds: A. That the use will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent use districts. The subject property is currently developed with a single- family residence and two sheds. The majority of this parcel is cleared and the applicant indicated that they will not be considering further clearing. The existing dwelling and two shed structures will be demolished. The subject parcel fronts along Main Road/Route 25 and is located within the Light Industrial Zoning District. Land uses surrounding the subject parcel include a contractor's yard, a motel and miniature golf course, a recreational area and hiking trails, preserved land, and LIPA's Southold Substation and National Grid's diesel-fueled peak generation plant located 530 feet to the north from the proposed site. With the conditions of approval imposed herein, the proposed use will not prevent the reasonable use of adjacent properties. Page 6,May 6,2021 #7463, Suffolk County Energy Storage II,LLC SCTM No. 1000-45-5-1 B. That the use will not prevent the orderly and reasonable use of permitted or legally established uses in the district wherein the requested use is located or of permitted or legally established uses in adjacent use districts. The proposed battery energy storage system will provide a public benefit and will not generate any odors, air emissions,wastewater discharges, traffic, solid waste generation, nitrogen loading or noxious contaminants or byproducts associated with other uses legally permitted on industrially zones property. C. That the safety, the health, the welfare, the comfort, the convenience or the order of the town will not be adversely affected by the proposed use and its location. The Project will serve a public utility function to enhance LIPA's local electric grid reliability and will be capable of powering up to 28,764 homes for up to 8 hours during peak electric shortages or outages (if the grid is operational). Moreover, it will replace the old diesel fueled peaking plant located within 530 feet to the north with non-polluting green infrastructure technology that will contribute to the proliferation of renewable energy consistent with New York State's Climate Leadership Community Protection Act(CLCPA).There will be no additional traffic impacts,no generation of liquid waste and no subsurface sanitary waste disposal, no new demand for potable water, and no odor or air emissions. Potential sound levels generated by the project will be very minimal,based on Sound Studies with expanded Project Sound Contours that were submitted by the applicant's consultants. Therefore, the proposed project will enhance the Town's safety, health, welfare, comfort and convenience. D. That the use will be in harmony with and promote the general purposes and intent of this chapter. The Project is in compliance with the Town Zoning Code 280-142. The Project is located within the Light Industrial(LI)Zoning District,where public utilities are permitted by Special Exception approval by the Town's Zoning Board of Appeals. With the conditions of approval imposed herein,the proposed use is compatible with the surrounding land use pattern, and, as a designated clean, green technology, is far less impactful than other industrial uses that are permitted in the LI Zone. E. That the use will be compatible with its surroundings and with the character of the neighborhood and of the community in general, particularly with regard to visibility, scale and overall appearance. The Project is compatible with adjacent commercial and industrial development located to the west, north and northeast. The applicant has agreed to substantially screen the project from view along Route 25/Main Road, a Scenic Byway and from the public hiking trails and preserved lands to the south. The rear portion of the parcel is located within the Pipes Cove Creek and Moore's Drain Significant Coastal Fish and Wildlife Habitat Area which is approximately .49 acres outside the remaining 2.02 acres. The applicant is currently working with the NYSDEC to address potential rare, threatened and/or protected species present on the parcel and has commissioned an independent environmental consultant (AKRF, Inc.) to address the identified species of concern. The applicant states their readiness to work with the Planning Board during the required site plan review process and will submit to the Planning Board a specific design proposal that will include a landscaping plan for a buffer from the wetlands and to visually screen NYS Route 25 (Main Road) from the BESS installation, in compliance with the conditions of approval imposed herein. F. That all proposed structures, equipment and material shall be readily accessible for fire and police protection. The Project will be engineered, procured and constructed subject to the Town Fire Marshall's review and approval and the NY State Fire and Protection Building Codes and will connect with the Suffolk County Water Authority main located in NYS Route 25 for fire suppression use only. Page 7,May 6,2021 #7463, Suffolk County Energy Storage II,LLC SCTM No. 1000-45-5-1 G. That the proposal shall comply with the requirements of Chapter 236, Stormwater Management. As part of the approval process that the applicant must go through if a special exception is approved will be the preparation of a stormwater management plan that is subject to the approval of the Town Engineer. In addition,if the project, in the opinion of the Town Engineer,meets certain criteria set forth in chapter 236 of the Town Code, the applicant may be required to prepare a Stormwater Pollution Prevention Plan (SWPPP) for review by the Town Engineer, the Town Planning and Building Departments, as well as NYSDEC, Region 1. In making such determination, consideration was also given to: A. The character of the existing and probable development of uses in the district and the peculiar suitability of such district for the location of any of such permitted uses. B. The conservation of property values and the encouragement of the most appropriate uses of land. C. The effect that the location of the proposed use and the location that entrances and exits may have upon the creation or undue increase of vehicular traffic congestion on public streets, highways or sidewalks to assure the public safety. D. The availability of adequate and proper public or private water supply and facilities for the treatment, removal or discharge of sewage, refuse or other effluent(whether liquid, solid, gaseous or otherwise)that may be caused or created by or as a result of the use. E. Whether the use or the materials incidental thereto or produced thereby may give off obnoxious gases, odors, smoke or soot. F. Whether the use will cause disturbing emissions of electrical discharges, dust, light, vibration or noise. G. Whether the operation in pursuance of the use will cause undue interference with the orderly enjoyment by the public of parking or of recreational facilities, if existing or if proposed by the Town or by other competent governmental agencies. H. The necessity for bituminous-surfaced space for purposes of off-street parking of vehicles incidental to the use and whether such space is reasonably adequate and appropriate and can be furnished by the owner of the plot sought to be used within or adjacent to the plot wherein the use shall be located. I. Whether a hazard to life, limb or property because of fire, flood, erosion or panic may be created by reason of or as a result of the use or by the structures to be used therefor or by the inaccessibility of the property or structures thereon for the convenient entry and operation of fire and other emergency apparatus or by the undue concentration or assemblage of persons upon such plot. J. Whether the use or the structures to be used will cause an overcrowding of land or undue concentration of population. K. Whether the plot area is sufficient, appropriate and adequate for the use and the reasonably anticipated operation and expansion thereof. L. Whether the use to be operated is unreasonably near to a church, school, theater, recreational area or other place of public assembly. M. Whether the site of the proposed use is particularly suitable for such use. N. Whether adequate buffer yards and screening can and will be provided to protect adjacent properties and land uses from possible detrimental impacts of the proposed use. Page 8,May 6,2021 #7463, Suffolk County Energy Storage II,LLC SCTM No. 1000-45-5-1 O. Whether adequate provision can and will be made for the collection and disposal of stormwater runoff, sewage, refuse and other liquid, solid or gaseous waste which the proposed use will generate. P. Whether the natural characteristics of the site are such that the proposed use may be introduced there without undue disturbance or disruption of important natural features, systems or processes and without risk of pollution to groundwater and surface waters on and off the site. BOARD RESOLUTION: In considering all of the above factors, motion was offered by Chairperson Weisman, seconded by Member Acampora, and duly carried to GRANT a Special Exception for the proposed battery energy storage system use,without approval of the conceptual survey, undated and stamped received by the ZBA on January 15, 2021, SUBJECT TO THE FOLLOWING CONDITIONS OF APROVAL: 1. To protect the freshwater wetlands system,preserved land, and the Significant Coastal Fish and Wildlife Habitat Area on and adjacent to the subject property,the applicant shall: a. Establish a minimum 30-foot-wide vegetated non-disturbance buffer area consisting of natural and existing vegetation landward of and along the entire length of the freshwater wetlands boundary. Areas void of beneficial vegetation, shall be supplemented with native and flood tolerant plantings and continuously maintained as specified by the Planning Board during the required site plan review process. b. All wetlands within 100 feet of the property line shall be delineated again for the site plan application to the Planning Board, and inspected and confirmed by the Southold Town Trustees and the DEC, before being added to the survey for site plan review. c. File Covenants and Restrictions with the Clerk of Suffolk County, as approved by the Southold Town Attorney,prohibiting structures of any size or kind in the non-disturbance buffer zone on the subject property and establishing that prohibition and the required buffer in perpetuity. d. Install a project limiting fence on the landward side of the non-disturbance buffer,as specified by the Planning Board during the required site plan review process. e. Obtain and submit to the Planning Board an on-site survey from a qualified wild life biologist to access the presence of any protected species found in the Significant Coastal Fish and Wildlife Habitat Area that may also be present on the subject property, including but not limited to the Northern Long Eared Bat, and to include recommended protective measures as/if needed. 2. The applicant shall obtain site plan approval from the Southold Town Planning Board and, based upon the final approved site plan, apply for and obtain any other additional approvals as required by state, county, and local codes and regulations. 3. To protect the character of Main Road/Route 25, a scenic byway, and the adjacent hiking trails and preserved land,the applicant shall provide and continuously maintain evergreen and other landscape plantings to screen from view the entire subject property and all structures located thereon, except for the entry gate access from Main Road/Route 25, as specified by the Planning Board during the required site plan review process. 4. The applicant shall submit a stormwater management plan to be approved by the Town Engineer Page 9,May 6,2021 #7463, Suffolk County Energy Storage II,LLC SCTM No. 1000-45-5-1 in compliance with Chapter 236 of the Town's Stormwater Management Code and/or a SWPPP as determined by the Town Engineer. 5. The applicant shall conduct soil borings and analysis during the month of May to assess seasonal groundwater fluctuation. 6. The applicant shall remove the existing sanitary system and cistern on the subject property. 7. The application of fertilizers and herbicides shall be prohibited on the subject property unless necessary to establish a landscape/vegetation plan as specified by the Planning Board during the required site plan review process. 8. All structures located on the subject property shall be designed to be flood tolerant and minimize ground disturbance as determined by the Planning Board during the required site plan review process. 9. To reduce noise from the operation of the BESS interfering with the quiet enjoyment of the adjacent hiking trails,preserved land, and surrounding properties, all structures located on the subject property shall be designed to be acoustically soundproofed to the greatest extent possible as approved by the Planning Board during the required site plan review process. 10. To protect the life cycles of plants and animals in the nearby Significant Coastal Fish and Wildlife Habitat Area, and to preserve the dark skies,the applicant shall install the least obtrusive minimum total lumens of exterior lighting necessary to comply with required safety and security regulations, install motion sensors to reduce the amount of light,and install lights with a maximum color temperature of 2,700 Kelvin, and any other mitigation to reduce sky glow and light pollution as approved by the Planning Board during the required site plan review process. 11. The applicant shall submit a decommissioning plan for the battery energy storage system to the Town of Southold Planning Board and the Town Attorney's Office, to be implemented upon abandonment, or cessation of activity,or in conjunction with removal of the battery energy storage system or structure that shall ensure that the site will be restored to a useful,nonhazardous condition without delay,with details including, but not limited to,the following: (a) The manner in which the battery energy storage system will be decommissioned; (b) Removal of aboveground and below ground equipment, structures and foundations; (c) Restoration of the surface grade and soil after removal of equipment; (d) Revegetation of restored soil areas with native seed mixes, excluding invasive species; (e) The time frame for the completion of site restoration work. 12. Prior to issuance of a building permit,the owner or operator of the battery energy storage system facility or structure shall post a performance bond or other suitable guarantee in a face amount of not less than 150% of the estimated cost, as determined by the Town Engineer,to ensure removal of the system or structure in accordance with the decommissioning plan described above.The form of the guarantee must be reviewed and approved by the Town Engineer and Town Attorney, and the guarantee must remain in effect until the system is removed. Review of the guarantee by the Town Engineer and Town Attorney shall be paid from an escrow established by the applicant. prior to removal of a battery energy storage system or structure. A demolition permit for removal activities shall be obtained from the Town of Southold 13. This Special Exception permit requires that the applicant complete construction on the battery energy storage system and begin the approved special exception use in compliance with the Page 10,May 6,2021 #7463, Suffolk County Energy Storage II,LLC SCTM No. 1000-45-5-1 conditions imposed by the Zoning Board of Appeals within two years from the date of site plan approval by the Southold Town Planning Board, or submit in writing to the Board of Appeals before that date, a request for an extension, stating the reasons why this time frame cannot be met. 14. In accordance with the Zoning Board of Appeals, approval shall thereafter be deemed a lawful use as if the same were permitted by this chapter without need for a special exception permit; provided,however,that: a. All conditions imposed by the special exception approval shall continue to apply unless they,by their express terms, are of limited duration. b. All conditions imposed on special exception approval uses generally or specifically by this chapter shall continue to apply, regardless of whether any such conditions were expressly incorporated into the special exception approval. c. The Zoning Board of Appeals shall retain continuing jurisdiction over the same. d. The duration of a special exception use may be limited to a specified time period as set forth in the approval of the Zoning Board of Appeals; if the approval is silent as to the duration of the special exception use,then said use shall be in perpetuity. e. A special exception use which has been discontinued for a period of one year or more shall be deemed abandoned. 15. Failure to comply with any of the conditions imposed herein will render this Special Exception permit approval null and void. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. NOTE: Violations of Conditions. A violation of any limitation or condition of a special exception approval or of any provision of this chapter applicable to a special exception use shall constitute a violation of this chapter. The Zoning Board of Appeals shall retain jurisdiction and shall have the right, after a public hearing, to modify, suspend or revoke such approval or any term or condition thereof or to impose thereon one or more new conditions,pursuant to Article XXU Section 280-141 of the Town Code. Vote of the Board: Ayes: Members Weisman(Chairperson), Acampora, Dantes, Lehnert (Absent was: Member Planamento) This Resolution was duly adopted (4-0) f Leslie Kanes Weisman, Chairperson Approved for filing 5 17 /2021 OMON. V MAIN ROAD 'YY 2 �5 � PROPOSED SWITCHGEAR (TYP.) WITH 10' HIGH (8' HIGH MESH PROPOSED 20' WIDE AND 2' HIGH 45' BARBWIRE) PROPOSED NYSDOT CHAIN LINK FENCE SITE GRAVEL DRIVEWAY (TYP.) PAVED DRIVEWAY APRON 151 .79 149.07' PROPOSED BUILDING „ _ aENVELOP SETBACK 22.1' 3 67 46 1 E _ _ — — _ N45 2740"� LINE (TYP.) (FRONT YARD SETBACK VARIANCE REQUIRED) d f � .. s / -- 7 � ATLAS LOCATION ( N . T. S . I j PROPOSED 10' WIDE VEGETATIVE �----- —_ 1= � _ 20.0' SCREENING (TYP.) Lt�._ (TYP.) - PROPOSED LIMIT OF I � 20 DISTURBANCE (TYP.) ,1 9.9 I t ' PROPOSED 7' HIGH CHAIN LINK FENCE (TYP.) ®> ' 1 i BATTERY STORAGE LEGEND : CONTAINER TYP. }~ — STAKE LOCATION X. •,,v .'y „ zn .r o; �` yam,` - ;. : d i°:: ,.r-= c � �l� w, "�: .• r4° O O // O / a .v 'rI H'$�a ,' - :r �.2. : 0.'h?��s .N tel' '� � n^s .-.�'• � �__i 'T' �t �.1t'- 0 — WOODS LINE �,f�.. �- "�>Fsd.Yy,.� „A ' �. :�,'�" -.:.. a ,f. {tq' ,# 'x,b.� _.7?e r'��:.r �� .�_� "b' '>P' c" •�,+ :.�• �' W - I l BLDG ZI I f::hh�° '4�. 8g;,`t- 5 >�" A ?ala, .". .g.��+t�gt Kr;'„�{`. .§K.'Se'•e• :.' i� `-i L `�ki°' '�;P„; '�a I � 1 O.� I _ �'• +Y.� t 3Y+ ap mi.. � ��'�. '�� . e 9: i..� V 'a = .. ..ta Mt I WETLAND FLAGGINGw .c r r,* r.,.+h.� a�•.k��rxY sal.7e`.s+�{s"=;i.-9.,.c�i�s�_�t.., q- ya .fv JI ILD O > t _ t ^r PROPOSED INVERTER — 10 — EXISTING V C 0 N TO U R S10.4 QSKID (INVERTER AND 105 TRANSFORMER) (TYP.) / H" 10.4 SPOT ELEVATION s .• r 1'!♦•� ��#,^u ""� ,, g't s4 oe�-+` <��7'. ',�'9",Y' ,�9AS,' ����v, x ; l w� ML, Willarwl—, _r !► - Y' } �..y7 �v.;w+ �a 4 � .M�•�.. AX-sx.a.... A >t.,s `*F � '.'w ! t ^C 'i.a.A ' 210 --� 9 �x � ��§. .r•°j!YC ,' �,�c-a� ..�:, ���. - -aa*. +a.',s�r re. �T 7-`S� ��,' ° 7nz,- 9�c� _r."�� rqF� ��le Y .:+= ,�.'b'�+w,w6, 9.1 • 108 '"� ''. ,t:a ��� J: r�: a `.. .`�- ?$ ..:�d,�_ ✓ rd" k r^ `.' i,> : 'e5`t t —7 V;,�F,* 10✓ :Sr= T2 !Ce � f # -+ ..,a:M." cr`y. a!g , ! ,.':.i. .er:. ? .e. "�.z,:tis• ,�* - '§ w..r, I / wawa. ,"e a��..R' s..�r.*_. " •; ° �`sayg,+< a ", ''• :� ti"�,'p„' 3N' =Y- a Ry � 1. i��_ .. . .�F :T�' a-S ?1 ;,, R. -_m X ?' 3 = ,ix'l::•�'.+a: _qr a �" .:.,t°*�y,>da >�L�,I�J 262 :. ... ., .,..e .;,,,:t .x:� {� 9 fC•r hg's ..fit 'w" 'Q q^M ..�,"aa ��- fir.•Ya. k.,. 1 _ . e .: 10.5 / -� , ,1w i': td'i � ,�• 7 ,. i r � r -r.', q`F r. �.U,,.. i• 9•`4vY' +�7:_ g. �• mob. F � � y- FLAG 6 -, ^ i -i. f ' 'Ss 1 ^S :Z ; +}i 1. h•"� . (SIDE YARD SETBACK 10.5 ' � . .� :.��� '��„ _:'2� is :�`.' 'A 4I .3._.4�' - Y. S r.:Io-` � •v3"Lx // r VARIANCE REQUIRED _ fA I K y� r> / t 6 10.8 J / FLAG 5 FLAG 4 PROJECT TITLE: SUFFOLK COUNTY ENERGY / FLAG 3 STORAGE 11 , LLC 69430 MAIN ROAD/NY25 wo NE ������� �� SCTM#1000-45-05-01 9.7 1 211 STAKES LOCATION PLAN 11.4 / 350 MOTOR PARKWAY SUITE 206 - - - - - - - �- - - - - - - - - - p n� O HAUPPAUGE, NY. 1178$ 20.6' - - - - - PHONE: (631) 549-4744 (REAR YARD SETBACK . D B O FAX (631) 617-6256 30000' VARIANCE REQUIRED EMAIL - LDACG@OPTONLINE.NET S41°04' 10"W / Fac o o EASEMENTS AND/OR SUBSURFACE STRUCTURES RECORDED OR UNRECORDED ARE NOT GUARANTEED UNLESS PHYSICALLY EVIDENT ON THE PREMISES AT GUARANTEES INDICATED HEREON SHALL RUN ONLY TO THE PERSON(S) FOR NOTES: WHOM THE SURVEY IS PREPARED, AND ON HIS BEHALF TO THE TITLE COM— —COORDINATES AND BEARINGS REFER TO r< PAW, GOVERNMENTAL AGENCY AND LENDING INSTITUTIONS LISTED HEREON, NAD83 HORIZONTAL DATUM. t �� ,4 DATE: 1/14/2021 AND TO THE ASSIGNEES OF THE LENDING INSTITUTION. GUARANTEES ARE R 17 By. DRAWN BY NOT TRANSFERABLE TO ADDITIONAL INSTITUTIONS OR SUBSEQUENT OWNERS. THE OFFSETS (OR DIMENSIONS) SHOWN HEREON FROM THE STRUCTURES TO UNAUTHORIZED ALTERATION OR ADDITION TO A SURVEY MAP : JC 1 O 1 SCALE: 1 THE PROPERTY LINES ARE FOR A SPECIFIC PURPOSE AND USE AND THERE— BEARING A LICENSED LAND SURVEYOR'S SEAL IS A VIOLATION OF FLAG 1 [SEAL] Robert W. Brown, L.S. Lic # 49128 1+t F=20' FORE ARE NOT INTENDED TO GUIDE THE ERECTION OF FENCES, RETAINING SECTION 7209, SUBDIVISION 2, OF THE NEW YORK STATE WALLS, POOLS, PATIOS, PLANTING AREAS, ADDITIONS TO BUILDINGS AND EDUCATION LAW. © 2019 i ANY OTHER CONSTRUCTION. lislaod I--b slr(6K - 7 64+�!�IJ►�I,�I — C� ( � Glenn Goldsmith,President �DO S®��� Town Hall Annex ® A. Nicholas Krupski,Vice President 54375 Route 25�® �® John M. Bredemeyer III 3 P.O. Box 1179 Southold, New York 11971 Michael J. Domino G = Telephone(631) 765-1892 Greg Williams Fax(631) 765-6641 Cou �D BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD MAR 15 2029 To: Leslie Weisman, Chairperson Southold Zoning Board of Appeals - - - From: Glenn Goldsmith, President Date: 3/15/2021 - Re: Suffolk County Energy Storage II LLC The Town of Southold Board of Trustees reviewed the pending application for Suffolk County Energy Storage II LLC, located at 69430 Main Road, Greenport, and conducted a field inspection on March 10, 2021 as requested by the ZBA. This Board recognizes the importance of strengthening the power grid, but we ultimately must make recommendations based off environmental concerns specific to Town Code Chapter 275 Wetlands and Shoreline. We will address any specific concerns once we have an application before us. Based off of our initial review of the pending application before the ZBA and our field inspection,the Trustees have the following comments: 1. Support the condition of establishing a minimum 50-foot-wide non-disturbance buffer.We would request the most extensive buffer possible for this project. 2. Establish a project limiting fence on the landward side of the proposed non-disturbance buffer to protect against encroachment of the buffer and wetlands. 3. Planting of native species of tree on the seaward side of the proposed fence to enhance native habitat and protect wildlife. 4. The applicant should include plans depicting appropriate containment for the battery storage to prevent any leakage into the wetlands in the event of facility failure. 5. The applicant should consider raising the elevation of the proposed structures to account for rising sea levels and to mitigate against potential future storm damage. These are the recommendations of the Board of the Trustees to the ZBA at this time.While we cannot make any official judgement until an application has been submitted to the Trustees, we hope these comments contribute to any ZBA determination. 4ere'Y, P" Glenn Goldsmith President �FFICE LOCATION: �*0 s0(/r�® MAILING ADDRESS: Y5 Town Hall Annex P.O.Box 1179 54375 State Route 25 Southold, NY 11971 �'l�cor.Main Rd. &Youngs Ave.) 3, Southold,NY 11971 G ® Q Telephone: 631 765-1938 � �5 4UNT`I, LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM 3e To: Leslie Weisman, Chair RECEIVED Members of the Zoning Board of Appeals �L From: ,Mark;Ter ,,AICP MAR 02y ® � �, ry . Assistant Town Planning Director Zoning Board.&Appy LWRP Coordinator• Date March 1,2021 (Amended) 1 Re: LWRP Coastal Consistency Review for ZBA File Ref SUFFOLK COUNTY ENERGY STORAGE H, LLC#7463SE SCTM# 1000=45-5-I. = " ' SUFFOLK COUNTY ENERGY STORAGE 11,LLC#7463 SE—Request for a Special Exception pursuant to Article XV, Section 280-62B(5),the applicant is requesting permission to construct and allow for public utility structures and uses; i.e., battery energy storage system facility; located at 69430 Main Road(NYS Route 25), Greenport,NY SCTM No. 1000-45-5-1. The proposed action has been reviewed to Chapter 268,Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP)Policy Standards. Based upon.the ,,, - , information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the, records available to me,the proposal is recommended as INCONSISTENT with Policy I Foster a pattern of. development in the Town of Southold that enhances community character,preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. " and Policy 6 Protect and restore the quality and function of the Town of Southold's ecosystem of the LWRP and therefore INCONSISTENT with the LWRP. This recommendation is made with the following considerations: The LWRP Coastal Assessment Form was submitted with the boxes checked"Not Applicable"and without answers to the policies. The review and the recommendation were made in consideration of the narrative and supporting documents submitted with the application. This review weighs the need for a battery energy storage system facility,the property characteristics,the proposed location in an environmentally sensitive area,the ecological significance of the parcel and adjacent area, including preserved open space and the Town's jurisdictional wetland setbacks intended to protect regulated wetlands and ecosystems. Policy 1. Foster a pattern of development in the Town of Southold that enhances community character,preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. ' The project proposes to iiicrea`se'lot hover ge•to 47;93:'pe� ezlt'£roin,•7:48 pereent(it is,unclear,if"the wetlands were assessed in lot coverage)"•The_'inaguniim,permitted lot•coveragein.the Ll zoning:d"'trict N30 percent. The increase in lot coverage doeS•n%ot'enhance community character and'will`set a'precedent: Policy 6.1. Protect and t e�tore`eeological'quality thrduglzout the Tbwn'of Saut?iotd. D. Provide bffets;Between wetlands and adjaeent'or near7iy uses and activities in order io..ensure protection of the wetland',s'cliarackr,`s`'uahty, yalue', and functiops.,,;r .he•.prop6sal iri0lu&s"the,-creation of a minin•ami l,0',wMd'6,we'tland buffer from a' NYSDE,C'and Town of'Soutliold regulated fresliwateri;wutland located m the east of the parcel that"continues onto'and is directly hydrologically.connected to, a larger wetland on preserved open space located to the east and south of the subject parcel. The Long Environmental Assessment Form submitted with the application states that"Project will be sited at least 10' from the wetland itself per NYSDEC,request"(Page 5 of 13). Chapter 275 Wetlands and Shorelines of the Southold Town Code requires a minimum setback of 100,feet from freshwater wetlands. A Wetlands Permit will be required. The proposed minimum 10' wide setback to the wetland raises concerns about adverse direct and indirect impacts over time that could occur to the wetland system from surface runoff. The-deficient-wetland setback coupled with the intense build out of the parcel could result in greater impervious surface areas contributing to surface runoff and potential pollutants into the ecosystem. However, ifshould be recognized that the project will not.involve sanitary flow discharge to groundwater, no significant potable water use and no to low use,of fertilizer, herbicide and pesticides on-site that would contribute to the introduction of pollutants. Maintaining thiswetland and surrounding area-is,important. The area is ecologically significant' The rear portion of the parcel is located within the Pipes Cove Creek and Moore's Drain Significant Coastal Fish and Wildlife Habitat Area that continues to the east,north and south. Correspondingly, in a January 2021 memorandum,the Town of Southold Land Preservation Coordinator,outlines and emphasizes the environmental sensitivity of the area and preservation actions pointing out that the parcel is included on numerous lists as a preservation target validating the ecological significance of the area. The parcel seasonally floods(see photos at end of report). The flooding of the parcel was verified on February 25,2021 during a site inspection of the property. Areas of ponded water occurred throughout the parcel. On site soils are comprised of Candace Silt Loam and are poorly drained. Permeability is moderate to moderately slow on the surface and very slow in the subsoil. Depth to an intermittent apparent water table is+0.5 to 1.0 foot from November to June in normal years.Ponding occurs during periods of heavy rainfall and spring snowmelt(National Cooperative Soils Survey). Test hole data was not, provided therefore depth to groundwater on-site is unknown. The parcel is located within an expansive soil hazard identified by the Suffolk County Multi-Jurisdictional Multi-Hazard Mitigation Plan. Candice Silt Loam is the only soil in Suffolk County that exhibits the properties of linear extensibility potential and shrink- swell potential due to changes in moisture content. Expansive soils are often referred to as swelling clays because clay materials are most susceptible to swelling and shrinking. Changes in soil volume present a hazard primarily to the basement and foundation of structures built on expansive soils, as well as highways and streets. (Suffolk County Multi-Jurisdictional Multi-Hazard Mitigation Plan). The development of the parcel with the on-site soil properties is a large concern. The poorly drained soils on site also increases the potential for flooding and surface runoff. Direction and flow of surface waters on the parcel is expected towards the wetland system and property lines(field observation). The natural drainage patterns will be interrupted by construction of the proposed use. On site drainage is proposed to be controlled by subsurface diffusion wells in the developed areas and allowed to"naturally flow" in the undeveloped areas. The function of traditional sub-surface drainage in this soil type and during certain seasons is questionable. Chapter 236 Stormwater Management of the Southold Town Code also applies and stormwater must remain on- site. In the event the action is approved; based upon the environmental sensitivity of the area, soil properties, and proximity to preserved lands and potential stormwater runoff generated,the minimum jurisdictional wetland setback of 100 feet to achieve the protection of the wetland system in the rear of the parcel and preserved open space areas should be required. The creation of a 100' wide non-disturbance buffer equal to the setback is recommended to meet this policy. The buffer should be planted with native, flood tolerant vegetation to support the intent of the buffer. Further,the buffer should be recorded in a covenant and restriction or easement. 6.4 Protect vulnerable fish, wildlife, and plant species, and rare ecological communities. The creation of a 100' wide non-disturbance buffer would support this policy. Although policy 13.3 Ensure maximum efficiency and minimum adverse environmental impact when siting major energy generating facilities speaks to energy in the LVW, energy storage systems were not contemplated when the LWRP was written. The proposed use is assessed to the policy below. 13.3 Ensure maximum efficiency and minimum adverse environmental impact when siting major energy generating facilities. A. Major energy generating facilities may be located in a coastal location where a clear public benefit is established using the followingfactors: 1. There is a demonstrated need for the facility. There is a recognized need for public utility battery storage facilities to store electricity to meet peak electrical demands and during emergencies in the Town. 2. The facility will satisfy additional electric capacity needs or electric system needs. Yes, the facility could provide power to 28,746 homes for up to 8 hours. The applicant states in the application that the facility would serve as a public utility function to enhance reliability of the electrical grid. 3. Alternative available methods of power generation and alternative sources of energy cannot reasonably meet the public need. The purpose of the facility is to store power. It does not generate power. 4. Upgrades of existing facilities cannot reasonably meet the public need. Siting of these type of facilities on lands owned by PSEG/LIPA is supported. It is recommended that the Board clarify why PSEG/LIPA is not leasing land to these types of uses. Note at the LIPA's 8J Southold Substation property the NYSDEC has identified a large freshwater wetland system. Relocation of the facility on this property may not be possible, however,there may be more suitable locations within the Town. 5. The facility incorporates feasible public recreational uses. The parcel is private and does not directly provide recreational use. However, it is important to note that the property abuts significant areas of preserved open space and is located in close proximity to the Bay to Sound Trail. It was verified that the house and shed are visible from multiple spots along the trail. 6. The facility is designed to minimize environmental and visual impacts to the Town's environmental, scenic, historic and cultural resources. The parcel contains freshwater wetlands in the east corner. The applicant is proposing a minimum of a 10' wide buffer from the wetland boundary. Battery storage cabinets are located as close as 38 feet from the wetland boundary. Chapter 275 Wetlands and Shorelines of the Southold Town Code requires a minimum setback of 100 feet from freshwater wetlands. See above Policy 6.4 recommendation. The properties of the soils and limitations effect on future development of the site is a large concern. The increase in developed area of the site should be minimized. The proposed use is expected to have a visual impact to NYS Route 25, a New York Scenic Byway. The impacts are discussed below. The applicant has submitted a letter from NYS OPRHP indicating that no adverse impacts to cultural resources will occur from the development of this facility. B. Achieve maximum transmission efficiency by siting major energy generating facilities close to load centers. The facility is proposed to be interconnected to the LIPA 8J Southold Substation located 750' to the northwest. Maximum transmission efficiency would be achieved if the facility were located on or closer to a substation property. C. Preclude the potential degradation of coastal resources by siting and constructing new electric energy generating and transmission facilities so that they would not adversely affect: 4. designated Significant Coastal Fish and Wildlife Habitats The rear portion of the parcel is located within the Pipes Cove Creek and Moore's Drain Significant Coastal Fish and Wildlife Habitat Area; an area of high ecological significance. The applicant has contacted the New York State Department of Environmental Conservation Natural Heritage Program and threatened habitats and protected species have been identified as potentially occurring adjacent to the parcel. The site is currently improved with a single-family house and shed; the majority of the parcel is lawn and the development of the facility will not physically destroy habitat. However, the proposed use has the capability to directly and indirectly impact wildlife species in the area during and after construction from noise, grading, stormwater runoff etc. over time. 5. habitats critical to vulnerable fish and wildlife species, vulnerable plant species, and rare ecological communities i As discussed above the parcel is included within and adjacent to the Pipes Cove Creek and Moore's Drain Significant Coastal Fish and Wildlife Habitat Area. The NYSDEC Environmental Mapper also indicates that the parcel is located within a Rare Plants and Animal area. This layer shows generalized locations of animals and plants that are rare in New York State, including but not limited to those listed as Endangered and Threatened.Records show the following: This location is in the vicinity of Animals Listed as Endangered or Threatened This location is in the vicinity of Rare Dragonflies and Damselflies—Not Listed by NYS This location is in the vicinity of Rare Plants Listed as Endangered, Threatened, or Rare by NYS This location is in the vicinity of Rare Moths—Not Listed by NYS Historic records ofprotected species include: Common Name: Cat-tail Sedge Scientific Name: Carex typhina Date Last Documented: 1928-07-15 Location: Greenport NYS Protected:Endangered Common Name: Green Parrot's feather Scientific Name:Myriophyllum pinnatum Date Last Documented: 1924-08-01 Location: Greenport NYS Protected:Endangered Common Name:Smooth Tick-trefoil Scientific Name:Desmodium laevigatum Date Last Documented: 1962-09-09 Location: Greenport NYS Protected:Endangered Common Name: Cut-leaved Evening-primrose Scientific Name: Oenothera laciniata Date Last Documented: 1880-05-30 Location:New Egypt NYS Protected:Endangered Common Name: Velvet Panic Grass Scientific Name:Dichanthelium scoparium Date Last Documented: 1939-06-19 Location: Greenport NYS Protected:Endangered Natural Community Name: Coastal oak-hickory forest Location:Moores Woods Ecological System: Uplands Natural Community Name:Red maple-swamp white oak swamp Location:Arshamomaque Wetland Ecological System:Freshwater Nontidal Wetlands Ecological System:Freshwater Nontidal Wetlands The extent of occurrence or use of the above species on site is currently unknown. However, the use of the parcel by wildlife is expected due to its proximity to Moore's Drain. On-site inspection of the parcel revealed that the whitetail deer use of the parcel is very high. The parcel is mostly cleared and improved. It is expected that the proposal will not significantly impact habitats (other than foraging animals). It is unknown at this time if the development would impact protected species, including the Northern long eared bat under recent regulatory oversight. 7. wetlands, See discussion under Policy 6 above. t 8. historic resources, See discussion under Policy 13.3.A. 6 above. 9. scenic resources. Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold promotes the screening of components of development which detract from I visual quality, including open space lands with the use of existing and planted vegetation. The parcel is located adjacent to and south of NYS Route 25; a Scenic Byway. The applicant has indicated that a 10' wide vegetated buffer will be installed with evergreen trees to screen the facility from the road. A photographic rendering of the viewshed from the NYS Route 25 has been submitted which shows screening of the proposed facility. The details of the vegetated buffer(tree height and spacing)have not been provided. Existing trees occur near NYS Route 25 on the parcel and should remain if approved. Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion of the LWRP seeks to minimize loss from flooding. The flooding of the parcel during seasonal groundwater fluctuations, ponding resulting from poorly drained soils and by expansion of the wetland in the rear of the parcel and during storm events, including hurricanes is a concern. It is recognized that the battery cabinets will be located outside of the FEMA 0.2-percent-annual-chance (or 500- year) mapped flood zone, however, SLOSH modelling indicates that the parcel could be impacted by a Category 3, 4 and 5 hurricane. The SLOSH(Sea, Lake, and Overland Surges from Hurricanes)model is a numerical model used by National Weather Service to compute storm surge. Storm surge is defined as the abnormal rise of water generated by a storm, over and above the predicted astronomical tides. Flooding from storm surge depends on many factors, such as the track, intensity, size, and forward speed of the hurricane and the characteristics of the coastline where it comes ashore or passes nearby. For planning purposes, the National Hurricane Center uses a representative sample of hypothetical storms to estimate the near worst—case scenario of flooding for each hurricane category(NOAA). f The Suffolk County Multi-Jurisdictional Multi-Hazard Mitigation Plan shows that the parcel could be impacted by a Category 3 and 4 hurricane. Sea level rise over time is also a concern. Due to the severe limitations of on-site soils as discussed above and with consideration to seasonal groundwater fluctuations and flooding,further development of the parcel should be avoided or minimized. In the event that development of the parcel cannot be avoided and the action is approved the following is recommended: 1. To further Policy 3. a. The Town of Southold Bay to Sound Trail may be impacted from the project from the construction/placement of the structures. The structures would be visible from users of the trail. It was verified that the house and shed are visible from the existing Bay to Sound Trail from multiple spots along the trail due to limited vegetation. The applicant has offered to provide additional screening in a March 3, 2021. Discuss with the applicant how the structures will be screened from the users of the Bay to Sound Trail in areas through the planting of native,flood tolerant vegetation. The spacing and maintenance of the vegetation should be included. A condition pertaining to the screening is recommended. b. Retain the existing trees in good health along NYS Route 25. c. Require that visual screening of the structures from NYS Route 25 is greater than 90 percent effective. 2. To further Policy 4. a. Verify how the structures will be designed to be flood tolerant and mitigate influences from major storms and sea level rise? b. The parcel seasonally floods. Clarify the bottom elevations of the cabinets in relation to grade. Verify if the intent of the applicant is to raise the grade? Consider prohibiting raising the grade of the parcel. Raising the grade will alter on-site hydrology and may affect adjacent properties. c. Drainage areas contribute to the hydroperiods of wetland systems. Minimize the alteration of drainage patterns within 100' of the on-site wetland. 3. To further Policies 5 Protect and improve water quality and supply in the Town of Southold and meet Policy 6. a. Require the removal of the existing sanitary systems and cistern. b. Require the establishment of a 100' vegetated, non-disturbance buffer from the wetland system to protect drainage patterns and water quality of the system. Require that the non-disturbance buffer be protected into perpetuity through a covenant and restriction or easement. c. Applicant correspondence in the file relies on the NYSDEC regulations and assessment of wetlands on-site. The applicant does not adequately address the Town of Southold Chapter 275 Wetland and Shorelines of the Southold Town Code requirements. As you are aware, a minimum 100' wide setback(buffer) is required from all wetlands on-site and off-site. Verify if freshwater wetlands occur to the south of the parcel; off site. Pursuant to Chapter 268,the Southold Town Zoning Board of Appeals shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Town of Southold Planning Board William Duffy,Town Attorney Melissa Spiro,Land Preservation Coordinator L'�,5. t 2 xz 4 r �'�� ��fig x'.,,�a .�..�- .» �i ��» �.'•w» - a, w� t+ d w, aV, Figure 1. Parcel with flooded areas east of the principal dwelling. r i Y y ."saw=. ";•f. -- "B� �x'��- - �a �"�`r� ,�'S' .�'�P�k�b� � '. n ^ w �°' ..,. ,�� �rs+a �• •ze' .k °� -�^'^�1�-a,fin _ -�.<pa•.yr. ,.zip r� _.Y S wfi. ��* > �C<' "` a Figure 2. Parcel with flooded areas south of the principal dwelling. Soils on site were saturated. E OFFICE LOCATION: MAILING ADDRESS: Town Hall Annex ®E SOUL P.O. Box 1179 54375 State Route 25 ®�,� y®l Southold, NY 11971 (cor.Main Rd. &Youngs Ave.) Southold NY Telephone: 631 765-1938 www.southoldtownny.gov C00- coUN% RECEW eA'([1WJ PLANNING BOARD OFFICE 3 SIL � 7 ��)I�, TOWN OF SOUTHOLD MAR 0 1�2021 Zoning Board Of Appeals MEMORANDUM To: Leslie Weisman, ZBA Chairperson Members of the Zoning Board of Appeals From: Donald J. Wilcenski, Planning Board Chairmans,,,A Members of the Planning Board ` Date: March 1, 2021 Re: Request for Comments for SUFFOLK COUNTY ENERGY STORAGE II, LLC SCTM#1000-45-5-1 ZBA File Number#7463 SE SUFFOLK COUNTY ENERGY STORAGE II, LLC#7463SE—Request for a Special Exception pursuant to Article XV, Section 280-62B(5),the applicant is requesting permission to construct a battery energy storage system facility; located at 69430 Main Road(NYS Route 25), Greenport,NY. SCTM#1000-45-5-1. The Planning Board performed a site inspection of the property on February 25, 2021 and does not support the project at this location for the following reasons: 1. The project proposes to increase lot coverage to 47.93 percent from 7.48 percent (it is unclear if the wetlands were assessed in lot coverage). The maximum permitted lot coverage in the LI Zoning District is 30 percent. A variance of lot coverage would set a precedent for the Light Industrial Zoning District if not specifically related to this type of use. 2. The project is located within the Light Industrial Zoning District and § 280-64 Front yard setbacks of the Southold Town Code requires that structures be set back at least 100 feet from a right-of-way. A 25' front yard setback from the right of way (NYS Route 25) is proposed. NYS Route 25, is a designated Scenic Byway and the 100-foot setback is required to mitigate visual impacts from light industrial uses. A significant variance of the setback would set a precedent for the Light Industrial Zoning District if not specifically related to this type of use. 3. The high-quality freshwater wetland system occurs in the rear of the property and continues on preserved open space owned by the Suffolk County. A total of 14 to 17 structures (depending on cabinet layout) would be located within or partially within 100' of the wetland. A minimum setback to the wetlands per Chapter 275 Wetlands and Shorelines of the Southold Town Code is 100 feet. The Southold Town Board of Trustees has not made a decision on the proposal. 4. The parcel floods. The site inspection confirmed that the parcel seasonally floods due to groundwater conditions and soil characteristics. Many areas of ponding (standing water) were observed during the site inspection and the soils were saturated on the majority of the parcel.The threat of flooding from groundwater, soil conditions, sea level rise and hurricanes is a risk to the structures and facility. 5. The rear portion of the parcel is located within the Pipes Cove Creek and Moore's Drain Significant Coastal Fish and Wildlife Habitat Area; an area of high ecological significance. 6. The proposal is not fully consistent with Objective 6.6 Protect scenic, natural, and cultural resources while planning for the provision of adequate energy for the future which provides analytical guidance when planning for an energy application. The proposed application is analyzed below: The Natural Resources and Environment Chapter of the Southold Town Comprehensive Plan(2020) addresses energy. A I Protect scenic qualities important to the community from public vantage points including New York State Route 25 and Suffolk County Route 48 when locating energy generating or transmission facilities. B 1.Protect natural resources and environmental qualities when locating energy generating or transmission facilities. LZOning EIVE® Mitigate adverse impacts through: � 3 5 •Burying transmission lines ��9� The proposal includes the burying of transmission lines. (y �,��� •Supporting innovative designs The facility provides supporting infrastructure for energy storage to address energy needs. Page 12 RECEIVED 3 S-6 MAR � 1.2029 •Requiring significant vegetative buffering Zoning Board Of Appeals The applicant has indicated that a vegetated buffer will be installed with evergreen trees to screen the facility from the road. The details of the vegetated buffer (tree height, specifications and spacing)have not been provided. •Requiring large setbacks As discussed above,the project shows a 25' front yard setback from the right of way (NYS Route 25) § 280-64 Front yard setbacks of the Southold Town Code requires that structures be set back at least 100 feet from the right-of-way. This provision is to mitigate visual impacts from light industrial uses. NYS Route 25 is a designated Scenic Byway. 11 Discourage facilities from locating in designated environmentally sensitive areas. The parcel is located in a designated environmentally sensitive area. The rear portion of the parcel is located within the Pipes Cove Creek and Moore's Drain Significant Coastal Fish and Wildlife Habitat Area; an area of high ecological significance. 2 1 Preclude the potential degradation of coastal resources by locating and constructing new electric energy generating/equipment/transmission facilities so that they would not adversely affect: •Designated SCFWHs The parcel is adjacent to the Pipes Cove Creek and Moore's Drain Significant Coastal Fish and Wildlife Habitat Area; an area of high ecological significance. The applicant has contacted the New York State Department of Environmental Conservation Natural Heritage Program and threatened habitats and protected species have been identified as potentially occurring adjacent to the parcel. •Habitats critical to vulnerable fish and wildlife species, vulnerable plant species, and rare ecological communities. The majority of the parcel is cleared. The proposal would not directly result in additional clearing of habitats. • Wetlands and protected natural features. A .10-acre freshwater wetland occurs on the parcel in the east corner. Structures would be located within or partially within 100' Page 13 46 0 of the wetland. Since the build out is intense,the applicant is proposing a minimum of 10' wide buffer from the wetland boundary. This width is insufficient to provide protection of the wetland from developmental impacts and to mitigate flooding of the property from the expected seasonal expansion of the wetland (flooding). E I Work with energy providers through the speck area planning process to idents appropriate coastal locations for major energy generating or transmission facilities. Consider coastal locations where a clear public benefit is established using the following factors. • There is a demonstrated need for the facility. It is recognized that there is a need for public utility battery storage facilities to store electricity to meet peak electrical demands and during emergencies in the Town. • The facility will satisfy additional electric capacity needs or electric system needs. Yes,the facility could provide power to 28,746 homes for up to 8 hours during electric shortages or outages (if grid is operational). The applicant states that the facility would serve as a public utility function to enhance reliability of the electrical grid. •Alternative available methods of power generation and alternative sources of energy cannot reasonably meet the public need. The purpose of the facility is to store power. It does not generate power. • Upgrades of existing facilities cannot reasonably meet the public need. • The facility incorporates feasible public recreational uses. No public recreational uses are proposed. It is important to note here that the facility would be visible from the Bay to Sound Trail. The proposal does not fully support Objective 6.7 of the Southold Town Comprehensive Plan which states: Ensure maximum efficiency when siting major energy generating facilities. A 1 Achieve maximum transmission efficiency by siting major energy generating facilities close to load centers. �ECEIV�D -714(v356 AJAR 0 1 2021 Page � 4 Zoning Board Ofgppeals ft 0 The facility is proposed to be interconnected to the LIPA 8J Southold Substation located 750' to the northeast. Maximum transmission efficiency would be achieved if the facility were located on LIPA's 8J Southold Substation property. B I Work with energy providers to co-locate, where possible,facilities such as transmission lines,pipelines, substations, and terminals. The co-location of this or similar type facility on PSEG/LIPA owned property is supported. C I Encourage the adoption of designated generation and transmission and facility sites and corridors to protect against incompatible development and to maximize increased capacity. The parcel has not been adopted or designated as a battery energy storage system facility site. The Planning Board acknowledges the benefits of the proposed battery energy storage system facility to the public. However,the location proposed is not supported due to the reasons stated above. Thank you for this opportunity to provide comments. If you should have any questions or require additional information,please do not hesitate to contact the Planning Department. RECEIVE® 7q�3 S MAR 01'2021 Zoning Board Of Appeals Page 15 Southold Planning Department Staff Report Subdivision Application Work Session Review Date January 25, 2021 � 35�• Prepared By: Mark Terry I. Application Information Project Title: SUFFOLK COUNTY ENERGY STORAGE II,LLC Tax Map Number: SCTM No. 1000-45-5-1 Project Location: 69430 Main Road(NYS Route 25) Hamlet: Greenport Zoning District: LI 11. Description of Project The applicant is requesting permission to construct a battery energy storage system facility on a 2.07 acre parcel improved with a single family residence and sheds. III: Action to review Request for a Special Exception pursuant to Article XV, Section 280-62B(5),the applicant is requesting permission to construct a battery energy storage system facility. IV: Analysis C� , Lam}%• y IF- Figure 25 � k \ v Figure 1. Subject parcel. The Southold Town Code does not regulate battery energy storage system as a specific use. This use is considered a public utility. Consistency with the Southold Town Comprehensive Plan (2020) r Southold Planning Department Staff Report v The goals and objectives of the Natural Resources and Environment Chapter addresses planning for energy. The proposal is not fully consistent with Objective 6.6 Protect scenic, natural, and cultural resources while planning for the provision of adequate energy for the future which provides analytical guidance when planning for an energy application. The proposed application is analyzed below: A 1 Protect scenic qualities important to the community from public vantage points including New York State Route 25 and Suffolk County Route 48 when locating energy generating or transmission facilities. B I Protect natural resources and environmental qualities when locating energy generating or transmission facilities. Mitigate adverse impacts through: -Burying transmission lines Staff. The proposal includes the burying of transmission lines. -Supporting innovative designs Staff. The facility provides supporting infrastructure for energy storage to address energy needs. -Requiring significant vegetative buffering Staff. The applicant has indicated that a vegetated buffer will be installed with evergreen trees to screen the facility from the road. The details of the vegetated buffer (tree height, specifications and spacing) have not been provided. Screening of the facility should be one-hundred percent. -Requiring large setbacks Staff. The project shows a 25' front yard setback from the right of way (NYS Route 25) § 280-64 Front yard setbacks of the Southold Town Code requires that structures be set back at least 100 feet from the right-of-way. The existing single- family structure is located approximately 100 feet from the front property line. The setback provision is to mitigate visual impacts from light industrial uses. NYS Route 25 is a designated Scenic Byway. This use is less disruptive to the viewshed from the road compared to other LI uses. The applicant has submitted photo renderings of before and after construction. View. 2 1 1 Southold Planning Department Staff Report 11 Discourage facilities from locating in designated environmentally sensitive areas. Staff. The parcel is located in a designated environmentally sensitive area. The rear of the parcel is within a Significant Coastal Fish and Wildlife Habitat Area,with rare habitats including wetlands. The remainder of the parcel is located adjacent to the habitat area. 2 1 Preclude the potential degradation of coastal resources by locating and constructing new electric energy generating/equipment/transmission facilities so that they would not adversely affect: •Designated SCFWHs Staff: The rear portion of the parcel is located within the Pipes Cove Creek and Moore's Drain Significant Coastal Fish and Wildlife Habitat Area; an area of high ecological significance. The applicant has contacted the New York State Department of Environmental Conservation Natural Heritage Program and threatened habitats and protected species have been identified as potentially occurring adjacent to the parcel. •Habitats critical to vulnerable fish and wildlife species, vulnerable plant species, and rare ecological communities Staff: The NYSDEC Environmental Mapper indicates that the parcel is located within a Rare Plants and Animal area. This layer shows generalized locations of animals and plants that are rare in New York State including but not limited to those listed as Endangered and Threatened. This location is in the vicinity of Animals Listed as Endangered or Threatened This location is in the vicinity ofRare Dragonflies and Damselflies —Not Listed by NYS This location is in the vicinity of Rare Plants Listed as Endangered Threatened, or Rare by NYS This location is in the vicinity of Rare Moths—Not Listed by NYS Historic records of protected species include: Common Name: Cat-tail Sedge Scientific Name: Carex typhina 3 Southold Planning Department Staff Report Date Last oc mented1928-07-15 Location: Greenport NYS Protected: Endangered Common Name: Green Parrot's-feather Scientific Name: Myriophyllum pinnatum Date Last Documented: 1924-08-01 Location: Greenport NYS Protected: Endangered Common Name: Smooth Tick-trefoil Scientific Name: Desmodium laevigatum Date Last Documented: 1962-09-09 Location: Greenport NYS Protected: Endan eyed Common Name: Cut-leaved EveniW primrose Scientific Name: Oenothera laciniata Date Last Documented: 1880-05-30 Location: New Egypt NYS Protected: Endangered Common Name: Velvet Panic Grass Scientific Name: Dichanthelium scoparium Date Last Documented: 1939-06-19 Location: Greenport NYS Protected: Endangered Natural Community Name: Coastal oak-hickory forest Location: Moores Woods Ecological System: Uplands Natural Community Name: Red maple-swamp white oak swamp Location:Arshamomaque Wetland Ecological System: Freshwater Nontidal Wetlands The parcel is mostly cleared and improved. • Wetlands and protected natural features Staff. A .10-acre freshwater wetland occurs on the parcel in the east corner. A total of 14 to 17 structures (depending on cabinet layout)would be located within or partially within 100' of the wetland. Since the build out is intense,the applicant is proposing a 4 t 1 Southold Planning Department Staff Report 10' wide buffer from the wetland boundary. This width is insufficient to provide protections of the wetland from developmental impacts and to mitigate flooding of the property from the expected seasonal expansion of the wetland (flooding). E I Work with energy providers through the speck area planning process to identify appropriate coastal locations for major energy generating or transmission facilities. Consider coastal locations where a clear public benefit is established using the following factors. • There is a demonstrated need for the facility. Staff. It is recognized that there is a need for public utility battery storage facilities to store electricity to meet peak electrical demands and during emergencies in the Town. • The facility will satisfy additional electric capacity needs or electric system needs. Staff. Yes,the facility could provide power to 28,746 homes for up to 8 hours during electric shortages or outages (if grid is operational). The applicant states that the facility would serve as a public utility function to enhance reliability of the electrical grid. •Alternative available methods of power generation and alternative sources of energy cannot reasonably meet the public need. Staff: The purpose of the facility is to store power. It does not generate power. • Upgrades of existing facilities cannot reasonably meet the public need. The coloration of the facility with the LIPA's 8J Southold Substation property is preferred, however there is a large area of NYSDEC mapped wetlands and there may not be enough space. • The facility incorporates feasible public recreational uses Staff. The property is listed on the Town's Community Preservation Plan, Suffolk County Master List and 2016 New York State Open Space Plan—Pipes Cove Complex. No public recreational uses are proposed however it is important to note that the property abuts lands owned by Suffolk County and is located near the Bay to Sound Trail. It was verified that the house and shed are visible from the existing Bay to Sound trail from multiple spots along the trail, one in particular because there are no trees between the trail and the lot. The facility 5 i Southold Planning Department Staff Report would likely still be in partial view year-round. The heights of the cabinets are unknown at this time. The proposal does not fully support Objective 6.7 of the Southold Town Comprehensive Plan which states: Ensure maximum efficiency when siting major energy generating facilities. A I Achieve maximum transmission efficiency by siting major energy generating facilities close to load centers. Staff. The facility is proposed to be interconnected to the LIPA 8J Southold Substation located 750' to the west. Maximum transmission efficiency would be achieved if the facility were located on LIPA's 8J Southold Substation property however NYSDEC maps show a potential regulated freshwater wetland on the property. B I Work with energy providers to co-locate, where possible,facilities such as transmission lines,pipelines, substations, and terminals. Staff. The co-location of this or similar type facility on PSEG/LIPA owned property is supported. C I Encourage the adoption of designated generation and transmission and facility sites and corridors to protect against incompatible development and to maximize increased capacity. Consistency with the Natural Hazards Chapter Goal 1: Mitigate the Effects of Natural Hazards to Achieve Coastal Resiliency, Protect Public Safety, and Reduce Economic Loss The Town faces numerous hazards that are likely to occur, including severe storms, nor'easters, and hurricanes. Mitigation involves taking steps to ensure those hazards will not cause injury or death to people, and to reduce economic loss to structures and other property. Staff: The threat of flooding from groundwater or hurricanes is a risk to the structures. The battery and inverter cabinets are located outside of the FEMA 0.2-percent-annual-chance (or 500-year) flood zone (Figurel) that occurs on the property; however, SLOSH modelling indicates that the property be impacted by a Category 2 and 3, and 4 hurricanes. The SLOSH (Sea, Lake, and Overland Surges from Hurricanes)model is a numerical model used by the National Weather Service to compute storm surge. Storm surge is defined as the abnormal rise of water generated by a storm, over and above the predicted astronomical tides. Flooding from 6 Southold Planning Department Staff Report ��� storm surge depends on many factors, such as the track, intensity, size, and forward speed of the hurricane and the characteristics of the coastline where it comes ashore or passes nearby. For planning purposes, the National Hurricane Center uses a representative sample of hypothetical storms to estimate the near worst—case scenario of flooding for each hurricane category (NOAA). See figure 2. It is unclear how they would propose to prevent flooding to the cabinets on site. " 1 ERA SSOSN r 1"' ..'..EEMA FboA 2oeaa ... IiA e � r 1BOTR'P .A ,BiePD NMI r ' � r r� %' � Figure 1. FEMA Flood Zone on parcel. ..i.S�Sn ... v .N PE11G fuse 2ew ... u aPCT ANNVaI LNeNrF RDDD xAIARD � � � � E �sf C fie* N6IAu L)Y l ,A ., • fiE i � 8 ' 7 Southold Planning Department Staff Report .� Figure 2. SLOSH model on subject parcel showing Category 2 impact on parcel. Consistency with Zoning a. The project proposes to increase lot coverage to 47.93 percent from 7.48 percent (it is unclear if the wetlands were assessed in lot coverage). The maximum permitted lot coverage in the LI zoning district is 30 percent. b. The proposal does not meet regulatory setbacks; a 100' setback from the road and a 100' setback to the wetland is required. V. Planning Board Considerations: Whether or not to support the Special Exception request. Advantages • Facility could provide power to 28,746 homes for up to 8 hours during electric shortages or outages (if grid is operational). • The facility is proposed to be interconnected to the LIPA 8J Southold Substation located 750' to the west. Available parcels in close proximity to substations are expected to be in short supply. • The parcel is difficult to develop in the LI zone with a more intense use; the parcel is encumbered by with two 100 setback requirements. • The use would result in no sanitary wastewater discharge, no potable water use,no to low noise, low traffic, low air quality impacts and minimal fertilizer, herbicide and pesticide applications. • The project will be screened from NYS Route 25 with a vegetated buffer. • This is a low intense use within the LI zoning district relative to other uses that could be built. • The property is already cleared and improved. Disadvantages • The property is listed on the Town's Community Preservation Plan and 2016 New York State Open Space Plan—Pipes Cove Complex. • The build out is intense in coverage and does not meet setback or coverage requirements. The screening fence height may also need to be addressed. • Maximum transmission efficiency would be achieved if the facility were located on LIPA's 8J Southold Substation property however there is a large area of NYSDEC mapped wetlands and there may not be enough space. • The property is located within the Pipes Cove Creek and Moore's Drain Significant Coastal Fish and Wildlife Habitat Area, • The structures are proposed to be located close to a sensitive wetland system with a 10' buffer proposed. The buffer would be ineffective at most functions. 8 1 Southold Planning Department Staff Report • The Town of Southold Bay to Sound trail may be impacted from the project. It was verified that the house and shed are visible from the existing Bay to Sound trail from multiple spots along the trail year-round due to limited vegetation in areas. • The structures may be affected by flooding over time by groundwater and hurricanes and influenced by climate change and sea level rise. 9 COUNTY OF SUFFOLK = _ 1�-a � � �•ti -� JAN � ., [� s- OFFICE OF THE COUNTY EXECUTIVE Steven Bellone SUFFOLK COUNTY EXECUTIVE Natalie Wright Department of Commissioner Economic Development and Planning January 12, 2021 Town of Southold Zoning Board of Appeals 53095 Main Road P.O. Box 1179 Southold,NY 11971-0959 Attn: Leslie Weisman Dear Ms. Weisman: Pursuant to the requirements of Sections A14-14 thru A 14-25 ofthe Suffolk County Administrative Code, the following application submitted to the Suffolk County Planning Commission is to be a matter for local determination as there appears to be no significant county-wide or inter-community impacts. A decision of local determination should not be construed as either an approval or disapproval. Applicant Municipal File Number Suffolk County Energy Storage II, LLC #7463 Bertault, Vincent #7467 &7468SE Kreger, Michael #7470 Very truly yours, Sarah Lansdale Director of Planning c/�2ed.cra�/re R /["ems By Christine DeSalvo Theodore R. Klein, Principal Planner TRK/cd Division of Planning&Environment H.LEE DENNISON BLDG 100 VETERANS MEMORIAL HWY,11th FI P.O.BOX 6100 HAUPPAUGE,NY 11788-0099 0 (631)853-5191 ! �r COUNTY OF SUFFOL RECEIVED FEB 16 2021 eals Steven Bellone Toning Board of App SUFFOLK COUNTY EXECUTIVE Natalie Wright Department of Commissioner Economic Development and Planning February 1,2021 Town of Southold Zoning Board of Appeals 54375 Route 25 P.O.Box 1179 Southold,NY 11971 Attn: Kim Fuentes SEQRA Lead Agency Coordination Re: Suffolk County Energy Storage II,LLC Municipal File No.: N/A S.C.T.M.No.: 1000 04500 0500 001000 S.C.P.C. No.: SD-21-LD Dear Ms.Fuentes: Your notification for SEQR Coordination was received by our agency on December 28,2020. Please be advised that our agency,the Suffolk County Planning Commission,has no objection to the Town of Southold assuming Lead Agency status for the above referenced. The Suffolk County Planning Commission reserves the right to comment on this proposed action in the future and wants to be kept informed of all actions taken pursuant to SEQRA and to be provided with copies of all EAF's,DEIS's and FEIS's,etc. Please note that pursuant to New York State General Municipal Law section 239 and Article XIV of the Suffolk County Administrative Code,this latest action should be referred to the Suffolk County Planning Commission for review. Sincerely, By Christine DeSalvo eal'5 drw P. Chief Planner $oaYd ok PPP Di�viision of Planning and Environment APF/cd Enc. J H LEE DENNISON BLDG ■ 100 VETERANS MEMORIAL HWY,11th FI■ P.O.BOX 6100■ HAUPPAUGE,NY 11788-0099 ■ (631)853-5191 OFFICE LOCATION: MELISSA A. SPIRO �®f S®Ur Town Hall Annex LAND PRESERVATION COORDINATOR ®� ®� 54375 State Route 25 melissa.spiro@town.southold.ny.us � ® (corner of Main Road& Youngs Avenue) Southold, New York Telephone(631)765-5711 A= MAILING ADDRESS: www.southoldtownny.gov c®U01� P.O. Box 1179 Southold, NY 11971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD �c��VED JAIV . T0: Leslie K. Weisman, ZBA Chairperson 2 9 2021 tonin i FROM:` Melissa Spiro, Land Preservation Coordinator 9 Boarq oi����=:FIs DATE: January 29, 2021 SUBJECT: Request for Comments—ZBA#7463 Suffolk County Energy Storage II, LLC SCTM# 1000-45.-5-1 Thank you for referring the above mentioned application to me for review and comment. The subject property is located within an environmentally sensitive area and the preservation efforts by many entities reflects this. Years of preservation efforts have resulted in over 325 acres in the immediate area being permanently preserved for purposes of open space preservation and public access. Numerous public and private entities, including Federal, State, County,Town,The Nature Conservancy and the Group for the East End, have contributed to this effort, spending over 12.7 million dollars to acquire and improve these properties for open space purposes and public access. The subject property shares two boundary lines with County parkland which is part of the 160+ acres of preserved lands known as the Pipes Cove Preserve. The subject property is across the street from 165+ acres of preserved lands known as Arshamomaque Preserve. Many of the properties within the Pipes Cove Preserve have similar zoning designations (LI and LIO) as that of the subject property, establishing precedent for preservation of properties within all zoning districts in this area. The subject site, and other properties in the immediate area, are included on numerous lists for potential preservation, including the Town's Community Preservation Plan, Suffolk County's Open Space Master List,the DEC's Open Space Plan and the Peconic Estuary Partnership Critical Lands Protection Strategy. Preservation efforts in this area have been ongoing for years, and it is expected that preservation will continue in this area. The Land Preservation Committee reviewed the proposal for the subject site. The Committee hopes that a less environmentally sensitive site, and one outside of an area of such significant existing and potentially future preservation efforts, can be found for this proposed use. Maps showing the extent of preservation in the area are included with this memo. Page 1 of 5 John Sepenoski, GIS Technician/Land Management Coordinator, has provided information pertaining to the significant Bay to Sound Project in the immediate area. The Bay to Sound Project encompasses lands adjacent to, and in the vicinity of, the subject parcel. New public trails were established in this area and opened to the public in 2018. One such public trail is approximately 100 feet from the boundary of the subject property and the subject property is visible from multiple locations along the trail. The incremental process of purchasing lands in this area started years ago. The steps to make these lands available for the public to access and enjoy is an ongoing long-term project. Current and past partners involved with the Bay to Sound Project have included Town, County, NY State, Greenport Village, Peconic Estuary Partnership, Group for the East End, Boy Scouts, Audubon and volunteers from the general public.The Project has involved several phases of grant funding,totaling over$470,000. Details pertaining to the Bay to Sound Project, grants for the project and a map of existing and proposed trails are included with this memo. The subject site is environmentally sensitive, adjacent to and interconnected with the adjacent preserved lands.John Sepenoski has pointed out that: • Parcel is bounded on two sides by Suffolk County parkland that includes a public trail and is part of the Bay to Sound Trails project. • Public trail is approximately 100 feet from the boundary of the parcel at its closest. • Current structures on the parcel are visible from multiple locations along the public trail over an approximately 550 foot section of the trail, proposed structures would be visible too, unless screened. • Approximately one half acre of the parcel is within a NYS DOS designated Significant Fish & Wildlife habitat. • Approximately one quarter acre of the property is mapped as freshwater wetlands. • The entire parcel is within the NYSDEC freshwater wetland check zone, indicating that it should be checked for additional wetlands. • The bulk of the parcel is currently mowed as lawn. Within 800 feet of this location a similar lawn area that was no longer mowed after the Town purchased it naturalized with wetlands vegetation without the Town planting anything,the same would likely occur on this parcel indicating that there are potentially additional wetland areas on this parcel. • Based on proposed coverage of the parcel, stormwater runoff will be significantly increased compared to current conditions. • Based on NYS DEC wetlands delineation conducted for the Bay to Sound project,there are additional wetland areas on the County parkland not shown on the DEC wetland map but within the check zone that could be impacted by run off from this parcel. • The parcel currently drains to two wetland areas on the adjacent County parkland. One of these areas flows into a tidal pond connected to Pipes Creek via a culvert under Pipes Neck Rd. • The Town,The Nature Conservancy and the Peconic Estuary Partnership are currently investigating changes to the culvert noted above designed to restore the tidal pond and adjacent areas to reduce the invasive phragmites present on the County parkland. Please feel free to contact me if you would like any additional information pertaining to preservation efforts in this area or John Sepenoski for additional information regarding the Bay to Sound Project. Page 2 of 5 Location Map: Preserved Lands indicated with color designation kh Town Open Open \ Open Space . ` � Graerip AMOMA Page 3 of 5 y� i . N +y s _ Y 4 Bay to Sound Project:Trail Map Red = Existing trails open to the public Blue=Trails under construction, due to be completed in March 2021 Y And � I F' Bay to Sound Proiect Information • Began in 2007 • Work has been conducted on Town, County and Village preserves and parks in the Greenport area • Current and past partners include the Town, County, NY State, Greenport Village, Peconic Estuary Partnership, Group for the East End, Boy Scouts,Audubon and volunteers from the general public • Funding: o Phase 1 funded in 2008 by NYS DOT$72,000 and Suffolk County$35,000 with the Town, Group for the East End, Boy Scouts and Audubon providing$52,000 of in-kind match including over 530 hours of volunteer time o Phase 2 funded in 2016 by NYS DOS LWRP grant for$245,000 matched with the Town providing$245,000 with the acquisition of the Sill property Page 4 of 5 o Phase 3 funded in 2017 by NYS DOS LWRP grant for$120,000 matched with the Town providing$30,000 with the acquisition of the Sill property and $10,000 with employee and volunteer in-kind services o Town has used CPF stewardship funds on CPF properties within the project area for trail infrastructure and regular maintenance outside of above funding • Goals are: o Interconnect preserves and parks in the Greenport area via hiking trails, bike paths and blue way trails in order to create connections among the preserves and parks, including a non-motorized connection from the Peconic Bay to the Long Island Sound o Create additional trails on existing publicly owned open space o Acquire additional open space for additional trails and public access o Conduct habitat restoration o Develop, conduct and provide nature, open space and citizen science programs, surveys and educational materials • Currently discussing and/or planning for: 0 2.3 miles of new trails on 60 acres of Town open space 0 1.3 miles of new trails on 75 acres of County open space o Conceptual plans for 25 acres of County open space o Additions/enhancements to bike paths as part of the County Hike and Bike Master Plan o Kayak launches/landings/trails as part of the County Blue Way Trail project o Updating Town CPF plan to include additional properties for potential fee title or easement acquisitions o Participation of private land owners in the project cc: Planning Board Page 5 of 5 i PSEG Long Island 475 E,Old country Road Hicksville,NY 11801 Ud-1 LONG 04 PsnU ISLAND We make things work for you. March 10, 2021 Southold Town Hall RECMD S� 53095 Main Road P.O. Box 1179 i, Southold, NY 11971-0959 MAR 202 Attn: Kim E. Fuentes, Board Assistantard Of ApAealg RE: Coordinated Review under SEQRA Special Exception Application Suffolk County Energy Storage II, LLC SCTM No. 1000-45-5-1 Dear Ms. Fuentes, We are in receipt of your correspondence, dated December 29, 2020 for the above referenced project. The Long Island Power Authority (LIPA) and PSEG Long Island (PSEGLI),as Agent for the Long Island Lighting Company d/b/a LIPA,a wholly owned subsidiary of the Long Island Power Authority,accepts the Town of Southold as Lead Agency for this action. PSEGLI would like to offer the following comments regarding this project: 1. The EAF and any supporting documentation should include a description and analysis of impacts of any necessary electric utility upgrades to support the project. Please contact Building and Renovation Services (BRS) at 844-341-6378 and Rich Inserra (631) 284-5298 and Chris Hawks (516) 903-2161, to obtain a design for any necessary utility upgrades for this project. 2. Once design is obtained, an evaluation of potential impacts associated with the upgrades (if required) should be included. In particular,significant increases in pole heights which may result in visual impacts (i.e., pole height increases of more than ten feet),extent of ground disturbance and proximityto wetlands should be evaluated and analyzed. �,✓��� / !rte\ t PSEG Long Island 175 E.Old Country Road Flickwule,NY 11801 0 PSEG LONG ISLAND We make things work for you. If you have any questions or require any additional information for the environmental assessment, please do not hesitate to contact me at 516-712-7805 or Justin.LaCorte@PSEG.com. Sincerely, Justin LaCorte PSEG Long Island-Environmental Science and Planning Analyst cc: Lara Pomi-Urbat (PSEG Long Island) Sy Gruza, Esq. (PSEG Long Island) Erin Gorman (PSEG Long Island) Rich Inserra (PSEG Long Island) Chris Hawks (PSEG Long Island) r M,t/{��j��v STEVEN E. LOiSQ_rJADR.O, P.��`'� ATTORNEY AT 1,ASV ii 1//� 1 649 ROUTE 25A -RECEIVED SUITE 4 -7 4_ 3 �� ROCKY POINT,NEW oORK 11778 1�✓ MAR 2 6 2021 FAX (631) 744-9421 111VSV.7ASQUADROLA1VFMM.COM ' Z�Ifrl1g Board OfApAeals March 26, 2021 BY HAND DELIVERY Leslie K. Weisman, Chairperson Town of Southold Zoning Board of Appeals 54375 State Route 25 Southold, NY 11971-0959 Re:Suffolk County Energy Storage II,LLC Application for Special Exception#463SE Responses to March 18,2021 Group For The East End Letter Dear Ms.Weisman: Suffolk County Energy Storage II, LLC (Applicant) wishes to thank the ZBA for extending the courtesy to respond to the March 18, 2021 eleventh-hour letter from Group for the East End letter submitted just minutes prior to the ZBA's March 18. 2021 Special Meeting. Applicant respectfully provides the following detailed rebuttals for the ZBA's review and inclusion in the April 1, 2021 Public Hearing Record, which track the itemized Group for the East End's unsupported assessments and claims,as well as baseless positions, set forth in its subject letter: Sum maryStatement: Based on our assessment of the Special Exception permit requirements,the goals of the duly adopted Town of Southold 2020 Comprehensive Plan,and the numerous comments provided by involved agencies, we find that the subject application does not meet the Special Exception requirements outlined in the Town Code and should therefore be denied. Underlying each of the Group for the East End's above assessments is the notable failure to provide any supporting documentation for each of its following broadly stated positions: o The subject application does not meet the Special Exception requirements outlined in the Town Code. Absolutely no supporting evidence for this undocumented position is provided by the Group for the East End. To the contrary, the Applicant prepared and submitted the following pre-filed documentation verifying the proposed Project's complete and absolute compliance with the Town's public utility use criteria: o The Applicant's October 2, 2020 pre-filed Application documents including: 0 Detailed supporting Town Code compliance information,citing each public Chairperson Leslie Weisman March 26, 2021 Page 2 utility use criteria contained in Town Code Chapter 280 Zoning Article XV: Light Industrial (LI) District and Article XXV: Special Exception Uses, which is again attached hereto as Exhibit A and made a part hereof; and • A Conceptual Site Plan showing the Project's on-site Point of Interconnection (POI) 69kV switchyard connecting to LIPA's 8.1 Southold substation that will: ■ Be engineered, procured and constructed to LIPA/PSEGLI specifications; and ■ Become LIPA's property upon the proposed Facility's Commercial Operation with LIPA/PSEGLI access/egress provided via a Public Utility easement. o In addition,Applicant's February 4, 2021 pre-filed Memorandum entitled Analysis of Special Exception Standards Relating To Suffolk County Energy Storage, LLC, again attached hereto as Exhibit B and made a part hereof, further supports the proposed Project's qualifying public utility status. o The subject Application does not meet the goals of the duly adopted Town of Southold 2020 Comprehensive Plan. While the Group for the East End provides no supporting evidence for this undocumented position, it's important for the ZBA to be aware that the proposed BESS Project is, in fact, one hundred percent in alignment with the referenced Town- adopted Comprehensive Plan, wherein the Plan specifically commits to..."exploring alternative energy sources to supplement current energy sources, and to provide redundancy in case of failure, cost increases, or other issues with the primary energy source." o Numerous [adverse] comments provided by Involved Agencies. The Group for the East End ignores the following comprehensive replies to the following responses received from Involved Agencies: o Town: • January 29, 2021 Land Preservation Department Memorandum Ignored by the Group for the East End in its March 18,2021 letter,Savion's detailed March 1, 2021 detailed rebuttal to this Land Preservation Department response is again attached hereto as Exhibit C and made a part hereof. • February 25, 2021 and March 1, 2021 LWRP Memorandums Ignored by the Group for the East End in its March 18-2021 letter is the following: o The fact that we called to the ZBA's attention that both of these LWRP Memoranda were prepared and submitted by the Town's LWRP Coordinator based upon the Coordinator's mistaken review of Applicant's original, October 2, 2020 LWRP Form filing, not the Applicant's revised and superseded January 20, 2021 LWRP Form filing; and STEVE'N E.LOSQUADRO `�" Chairperson Leslie Weisman March 26, 2021 Page 3 ■ That the Applicant also rebutted both of these LWRP Memoranda in its March 1, 2021 comprehensive letter again attached hereto as Exhibit C and made a part hereof. • February 21,2021 Planning Board Memorandum Ignored by the Group for the East End in its March 18, 2021 letter is Applicant's detailed March 2, 2021 comprehensive rebuttal to the Town Planning Board Response,which is again attached hereto as Exhibit D and made a part hereof and includes the conclusion of Applicant's Counsel that the Planning Board's determination "was unsupported for the reasons cited and therefore,far too premature prior to receipt of the Project's Land Use Application and actual Site Plans which would be submitted later this year or in 2022". o January 13, 2021 NYSDEC Region 1 Letter In response to this NYSDEC Region 1 Coordinated review letter, the Applicant provided the NYDEC with a detailed letter dated January 14, 2021 that includes a habitat assessment it commissioned for the project. This letter is attached hereto as Exhibit E and made a part hereof. o Should the ZBA elect to continue with the further consideration of this plan,we believe the previously adopted Negative Declaration (March 3,2021) is inadequate to provide the ZBA with sufficient information about the potential significant environmental impacts associated with this project. The Applicant respectfully disagrees. The draft SEQRA Negative Declaration/Determination of non-significance is indeed adequate in its detailed characterization of the Project, identification and discussion of impacts and mitigation supporting its conclusion that no significant impacts to the environment are expected to occur should the Project be implemented as planned. o Thus, Group for the East End strongly recommends that the ZBA acting as Lead Agency pursuant to the State Environmental Quality Review Act (SEQRAIrescind the Negative Declaration, and issue a Positive Declaration so that a Draft Environmental Impact Statement (DEIS) be completed. The Group for the East End provides no support whatsoever for this recommendation, the sole objective of which is to delay the Project's development by imposing an unwarranted Environmental Impact Statement (re)review of what already has been thoroughly vetted over the past 25 weeks. Supporting Comments: Rescission of the Negative Declaration: Pursuant to section 617.7(f)of SEQRA,a Lead Agency must rescind a negative declaration if a significant environmental impact may result from project modification,a change in circumstance which was not previously addressed by the Lead Agency, or new information is discovered. Group for the East End would like the record to reflect several substantive issues STEVEN E.LOSQUADRO m Chairperson Leslie Weisman el qe35!:� March 26, 2021 Page 4 with the Negative Declaration,which should be considered "new information" not previously addressed by the ZBA and provide substantive justification for the rescission: • Pursuant to section 617.7 (c), the threshold for issuing a positive declaration is considerably low and must be prepared if,"one or more adverse environmental impacts may be significant." The ZBA's coordinated review with involved agencies clearly resulted in qualified comments verifying one or more potential adverse environmental impacts and even concluded that the proposed action stands in direct conflict with several Town of Southold adopted plans, policies and the Town Code, which itself is a standard for determining significance. This argument is without merit as it conspicuously ignores the following comprehensive items prepared and submitted by the Applicant: o Application package, which included a completed SEQRA FEAF Form, expanded/supplemented with a: • Sound Study; and • Visual Study along Main Road/NY25. o Replies to the Land Preservation and LWRP Departments, as well as the Planning Board, that included; • Expanded Sound Impacts Study; • Preliminary Site Geotechnical Information and Drainage Report; • An independent habitat assessment conducted on the proposed Site based on NYNHP's August 26, 2020 response letter, which concluded that the proposed Site does not contain suitable habitat for RT&E species (Exhibit Q. o Specifically,the Department of Land Management Memo (January 29,2021),the Local Waterfront Revitalization Plan's"Inconsistent"finding(March 1,2021)and the Town of Southold Planning Board's comments (March 1, 2021) all identify potential adverse impacts that are not fully addressed within the Negative Declaration or are dismissed (without a substantive reference or explanation) as not posing potential impact.Group for the East End strongly believes that the impacts identified bythese Boards are in fact potentially "significant" and do not fall under the categories of"moderate" or "small." The Project respectfully disagrees with this Group for the End's position on the basis of the following: o It's deliberately silent about and refuses to acknowledge the substantial Public Hearing record compiled by the Project in support of the Draft Negative Declaration including, but not limited to,the following pre-filed and post-filed information and items: • A Project Description that describes the Project's compatible Land Use; • Early and continued interactions with NYSDEC Region 1 regarding the 1,200SF Wetland mapping and its protection; • Proactive Subsurface Geotechnical Analyses that verify the Site's adequate underlying soils and hydrology to support the Site's proposed STEVEN E.LOSQUADRO Chairperson Leslie Weisman March 26, 2021 Page 5 redevelopment; • Proactive performance of an independent Sound Study; • Proactive performance of an independent Visual Buffering Analysis along Main Road; and • Comprehensive formal Rebuttals to the above-referenced Town Land Preservation Department Memorandum (see attached Exhibit C); LWRP Memorandum (see attached Exhibit C); and Planning Board Memorandum (see attached Exhibit D). Deficiencies of the Negative Declaration: According to the implementing rules governing SEQRA,a Negative Declaration must include a"brief statement of the reasoning that supports the determination," and provide rationale for the determination, "Simply stating that the Lead Agency believes that the action will have no significant impact is insufficient" (SEQRA Handbook, Fourth Edition 2020).That being said,the following potential impacts outlined in the Negative Declaration do not offer sufficient detail to ensure that the impacts identified will be mitigated to the maximum practicable extent. o Impact From Flooding The entire section identifies a number of significant impacts related to flooding. For instance: o "Although proposed structures- are not proposed to be located within a mapped FEMA flood zone, the potential for adverse impacts from flooding on site are expected due to poorly drained.soils,seasonal high groundwater with an expected water table of less than 3 feet and storm surge influence. As noted above, site construction should be designed to tolerate flooded conditions and avoid disrupting drainage patterns and sitetopography tothe greatest extent practicable." o The Negative Declaration does not elaborate on how the proposed action should be designed to mitigate flood conditions other than stating that it should be designed in that matter. o The references to the proposed Project Site as "wet", 'flood prone'; having "poor drainage" and being "within a potential flood zone", made by participating Town Departments' Officials and public stakeholders, including the Group for the East End in its March 18th letter, throughout this 10-weeks long ZBA Publicly Noticed Special Exception 'Application process, are not supported by science or data. In direct contradiction to such consistently erroneous claims,the Applicant: • Has shared its independently performed February 21, 2019 Site Geotechnical diligence,which is reattached as Exhibit F herein and made a part herein, that completely debunks all of the erroneous "wet', 'flooding prone'; "poor drainage" and "within a potential flood zone" STEVEN E.LOSQUADRO Co.. Chairperson Leslie Weisman IILYP335 March 26, 2021 Page 6 claims made to-date by certain Town Department employees and public sector stakeholders including the Group For the East End in its March 18th letter, • Presents Figure 1 below which clearly shows the proposed Property as dry, not"wet". /G�� y� '% f `-',✓ "��� -mss r'-'�` Figure 1 69430 Main Road/NY25 Panoramic View 12:OOPM EST Monday March 15,2021 o Impact on Plants and Animals The Negative Declaration identifies that a portion of the parcel is located within a Significant Fish and Wildlife habitat Area and that the DEC pointed out that several threatened species have been identified as occurring adjacent to the parcel. As pointed out in the Project's Exhibit C March 1, 2021 letter attached hereto and made a part hereof: o The referenced Significant Fish and Wildlife Habitat Area is co-located within the 1,200SF forested Wetland Area that the Project has already committed to remaining undisturbed and protected within the NYSDEC Region 1-established 10' Wetland Buffer Area. Moreover,the Project: oAlready acknowledged its obligation to address those species noted within the NY Natural Heritage (NYNHP) August 26, 2020 letter included with the Applicant's October 2, 2020 pre-filed Application documents as being potentially present on the parcel prior to NYSDEC's issuance of the Project's Article 24 Wetland Impact permit. o Had an independent habitat assessment conducted on the proposed Site based on NYNHP's August 26, 2020 response letter, which concluded that the proposed Site does not contain suitable habitat for RT&E species noted with the potential to be present on the proposed Site and therefore, would be considered absent on the landscape. Attached as Exhibit E and made a part hereof, are the results of the habitat assessment and the Project's submittal to NYSDEC Region 1 regarding its conclusions of No Significant Impact. o "The extent of occurrence or use of the above species on site is currently unknown. However,the use of the parcel by wildlife is expected due to its proximity to Moore's Drain." STLArEN F.LOSQUADRO " f-� Chairperson Leslie Weisman March 26,2021 Page 7 rJ As stated above, the on-Site RT&E species setting is factually known and is provided herein in Exhibit E- Habitat Assessment Report the proposed Site does not contain suitable habitat for RT&E species to be present on the proposed Site. This determination has been forwarded to the NYSDEC Region 1 office for review and concurrence. o If the extent of occurrence of these species is unknown how can it be assured that no significant impact will occur? Moreover, if the "use of the parcel by wildlife is expected due to its proximity to Moore's Drain," how will the impact be mitigated? There is no impact to be mitigated since, as stated above, the on-Site RT&E species setting is factually known and is provided herein in Exhibit E - Habitat Assessment,which concludes that the proposed Site does not contain suitable habitat for RT&E species to be present on the proposed Site. o Impact on Agricultural Land Resources & Soils The Negative Declaration notes under "Soil Types" that: o "Test hole data was not provided therefore depth to groundwater on- site is unknown. High groundwater is expected. Flooding of the parcel due to soil characteristics was observed on the parcel on February 25, 2021. The poorly drained soils on site also increases the potential for future flooding and surface runoff under normal conditions." The Applicant provided the Project's independently performed February 19, 2021 Langan Site subsurface geotechnical information and Preliminary Site Drainage Report on March 1, 2020, again attached herein as Exhibit F and made,apart hereof, which clearly repudiates these Group for the East End's claims of: o Unmanageable high groundwater; and o Flooding due to poorly draining soils. o If test hole data does not exist, but flooding has been observed and conceivably will be again in the future (due to"poorly drained soils")how can the town conclude that this is not a significant impact that needs mitigation for a battery storage facility? As noted above, the independently prepared February 19, 2021 Langan Preliminary Site Drainage Report attached herein as Exhibit F completely repudiates the Group for the East End's claim of future flooding due to poorly draining soils. o Consistency with Community Plans The Negative Declaration states, "The proposal is not fully consistent with community plans" and outlines all of the inconsistencies but provides virtually no level of detail on how this significant impact will be mitigated. In some cases, potential mitigation is noted to be deferred to the Planning Board's review of the STEVEN E.LOSQ UADRO Chairperson Leslie Weisman March 26, 2021 Page 8 project's site plan proposal. Being inconsistent with numerous adopted plans, policies and the Town Code should clearly be considered a "significant" impact. Despite its repeated accusations that the proposed Project is inconsistent with/doesn't comply with Town Code, absolutely nowhere in its March 18, 2021 letter does the Group for the East End document and/or support such claims. Conversely, the Project has convincingly demonstrated that, in fact, it's in one hundred percent compliance with the Town's public utility use Code, which is the sole matter before the ZBA in this Special Exception Application proceeding. Additional Support For DEIS: In our review of the project documentation, we note the following significant areas of concern that would additionally benefit from an in-depth review provided by the DEIS. o Assessment of Need The DEIS would discuss in detail,the need for the proposed project. Documentation from PSEG/LI PA discussing projected need and future energy demands and plans for facilities such as these should be included. In determining need, the DEIS should take into consideration other proposed battery energy storage facilities on the North Fork, in particular the large-scale proposal under initial review bythe Village of Greenport (at its scavenger waste site located on Moore's Lane). LIPA/PSEGLI's North Fork Resources solicitation identifies a 130MW new energy resources need. The Applicant's application documentation identifies the proposed Project as only 80MW thereby leaving LIPA/PSEGLI in search for/in need of an additional 50MW to be sited elsewhere on the North Fork, such as the Village of Greenport. The following questions should also be addressed: o What is the facility's projected lifespan? Indefinitely with the ability to periodically augment the batteries. o How many battery energy storage facilities are projected to be needed on the North Fork? A long-term unknown driven by the North Fork's electric demand load growth. o Are there any plans for future development to increase the size of the facility? No. The Conceptual Site Plan represents the maximum size (MW and footprint) of the proposed Facility at the proposed Site. o What are the potential growth-inducing aspects of this particular proposal? None. LIPA is simply reacting to/seeking to manage the North Fork's peak electric demand load growth. o Alternatives: A DEIS will importantly examine alternatives within the "Alternative" section. SEQRA requires that "the description and evaluation of each alternative should STEVEN E.LOSQUADRO Chairperson Leslie Weisman March 26, 2021 Page 9 be at a level of detail sufficient to permit a comparative assessment of the alternatives discussed." Given the documented, ecologically sensitive nature of this particular site and the adjacent land, it's incumbent on the Lead Agency to determine whether there are alternative sites that would mitigate potential environmental harm and therefore provide a better location for this facility. This is an unsupportable argument since: o Despite the Group for the East End's claims, with the exception of the NYSDEC Region 1 mapped 1,200SF protected Wetland in its northeast corner, the proposed Site is not "a documented, ecologically sensitive site". To the contrary the Applicant has provided the following documentation verifying that the Site: • Does not contain any habitat that supports RT&E wildlife species; and • Is not "wet", 'flooding prone'; "poor drainage" and "within a potential flood zone". o In the matter of determining alternative sites, Group for the East End strongly suggests that the Town of Southold, in addition to our region's utility company, be consulted within this discussion. From a sound community planning perspective, if only a certain number of these types of facilities are needed,it would be in the Town's best interest to Identify sites where citing battery energy storage units makes the most sense. As represented in the Applicant's October 2, 2021 Application submittal and independently verified in stakeholder Randy Wade's March 4, 2021 oral Public Hearing testimony, LIPA's 8.1 Southold Substation is specifically identified as a desired battery storage interconnection location in PSEGLI's Battery Energy Storage solicitation. The proposed project Site is located just 530' from LIPA's 8.1 Substation; is compatibly zoned; and the proposed Project is compatible with other existing commercial and industrial land use. No other Alternative Site competes with these characteristics. Participating Involved Agencies and stakeholders, including the Town Planning Board have volunteered Alternative Sites consistently pointing to LIPA's 8.1 Southold Substation, which, as the Applicant pointed out in its March 2, 2021 rebuttal to the Planning Board's February 21, 2021 Memorandum, LIPA's 8.1 Southold Substation, is: • Zoned LB Light Business and therefore, would require a Town Board Change of Zone; • Located within a FEMA FIRM high risk Flood Zone; • Contains numerous wetlands and would require large amounts STEVEN E.LOSQCTADFLO Chairperson Leslie Weisman March 26, 2021 Page 10 � of tree clearing; and • Would simply amount to relocating all of the objections raised during this extended Public hearing process by Ms. Randy Wade, the Group For The East End's, as well as Town's Land Preservation and LWRP Departments and Planning Board, to abut the Arshamomaque Preservation and its extensive public trails. Negative Declaration Precludes In-depth Review by Other Boards/Agencies: The proposed action requires multiple approvals from Town of Southold regulatory boards and outside agencies. The adoption of the Negative Declaration essentially concludes that the project does not pose a significant environmental impact and limits the other agencies, particularly the Planning Board, in their review of the site plan and efforts to further mitigate the environmental impacts raised through the current review. The Applicant respectfully disagrees with this Group for the East End's claim that subsequent regulatory agencies' environmental-related reviews and mitigations of the proposed Project will somehow be limited by the ZBA's SEQRA Negative Declaration Determination, a determination based upon a process that has invited fully engaged Involved Agencies and public sector stakeholders' identification of every possible environmental concern/issue; adequate time allowed for the thorough vetting and evaluation of all identified environmental concerns/issues; and the ZBA's facts-based findings and conclusions.Again,the Group for the East End fails to cite any specifics whatsoever in support of its assertion. Conclusion: The proposed action raises significant concerns relevant to the criteria for Special Exception Use approval under the Town Code.A number of these issues include matters of environmental and community character concern,which have been clearly articulated by commenters and involved agencies through the review of this proposal. Based on this input and the requirements for Special Exception approval, we believe the project should be denied. In stark contrast to the Group for the East End's conclusion based upon its March 18, 2021 letter containing unsupported and undocumented claims and positions, the abundance of hard evidence provided by the Applicant in its October 2, 2020 Application filing and subsequent comprehensive replies to each responding Involved Agency and public sector stakeholders fully underscores the clear fact that the Applicant has demonstrated that the proposed Project satisfies the Town Code's public utility use criteria, as well as insignificant and mitigated environmental impacts,thereby supporting a ZBA favorable Special Exception Use Decision and SEQRA Negative Declaration determination. If the ZBA elects not to deny this application based on its lack of conformity with the Town's Special Exception criteria, we respectfully request that the ZBA, as Lead Agency, reconsider the SEQRA review input of involved agencies and the public, apply the "hard STEVEN R.LOSQUADRO °" Chairperson Leslie Weisman March 26, 2021 Page 11 look" test required by SEQRA, rescind the Negative Declaration and require a comprehensive environmental review as provided for through a Positive Declaration pursuant to SEQRA. The ZBA, as SEQRA Lead Agency, has, without question, met the Town Code's Special Exception public utility use criteria and SEQRA hard look test with a thorough environmental review and vetting of all potential Project-related environmental impacts. No further, unknown impacts exist, with all potential impacts having been identified and publicly vetted.Therefore, the Group for the East End's appeal to deny the Project's Special Exception Application and SEQRA Negative Declaration Determination should be rejected by the ZBA. Moreover, we have reviewed the four-page letter from The Group for the East End received by you today, March 26, 2021. That correspondence, which offers comments related to Special Exception permit criteria, is without merit and is wholly contradicted by the substantial submissions of the Applicant that set forth,in an exceptionally detailed manner,how the project completely satisfies all Special Exception Criteria. Thank you for your continued courtesy and attention to this Application, as well as for your consideration of this correspondence. Respectfully, Steven Losquadro attachments STENTEN E.LOSQUADI2O C -7 �AR '6635� Zonir79 2021 Board Ofedl s EXHIBIT Excerpts From October 2, 2020 Suffolk County Energy Storage II, LLC Special Exception Application The proposed Project includes Project Facilities are compliant with applicable provisions of Town Code Part II, General Provisions Chapter 280 Zoning, with the following setting forth the Special Exception criteria pursuant to Articles XV: Light Industrial District and XXV: Special Exception Uses. Portions of the Code are emphasized in bold and italics to facilitate ZBA review. o Article XV Light Industrial (LI) District §280-61 Purpose. The purpose of the Light Industrial(LI)District is to provide an opportunity for business and industrial uses on smaller lots than would be appropriate for the LIO Light Industrial Park/Planned Office Park District. The proposed BESS Project is located on a 2.023-acre parcel within the Light Industrial LI District. §280-62 Use regulations. in the LI District,no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part,for any purpose except the following: B. Uses permitted by special exception of the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals as hereinafter provided (5)Public utility structures and uses. The proposed BESS Project will interconnect to LIPA's existing 8.1 Southold Electric Substation and as such is considered a public utility use in the Light Industrial LI Zoning District, permitted by special exception of the ZBA. o Article XXV:Special Exception Uses §280-142 General standards. No special exception approval shall be granted unless the Zoning Board of Appeals specifically finds and determines the following: A. That the use will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent use districts. The proposed Project will be subject to Town Planning Board and Building Department review and approval for compliance with prevailing and applicable State, County and Town Codes. In addition, the Project will not impact any existing community, visual, transportation, air or water resources. B. That the use will not prevent the orderly and reasonable use of permitted or legally established uses in the district wherein the proposed use is to be located or of permitted or legally established uses in adjacent use districts. The Project will be serving a public utility function to enhance LIPA's electric grid reliability.The Project is compatible with all such established uses. C. That the safety, the health, the welfare, the comfort, the convenience or the order of the Town will not be adversely affected by the proposed use and its location. \ f The proposed Project will be serving a public utility function to enhance LIPA's local electric grid reliability; and therefore, the Project enhances the Town's safety, health, welfare, comfort and convenience. D. That the use will be in harmony with and promote the general purposes and intent of this chapter. The proposed Project is in harmony and promotes the general purpose of Town Zoning Code § 280-142. The Project is located within the Light Industrial LI Zoning District, where public utilities are permitted by Special Exception granted by the Town's Zoning Board of Appeals. E. That the use will be compatible with its surroundings and with the character of the neighborhood and of the community in general,particularly with regard to visibility, scale and overall appearance. The proposed Project is compatible with adjacent commercial and industrial development located to the west, north and northeast. Undeveloped land is located east and southeast of the Project. A NYSDEC mapped wetland is located on northeast portion of the Site. As confirmed in the Conceptual Site Plan, this wetland will be avoided by the Project, and existing vegetation along the southeast, southwest and northeast Project boundaries will be maintained thereby minimizing visual impact to adjacent properties. F. That all proposed structures,equipment and material shall be readily accessible for fire and police protection. The proposed Project will be engineered, procured and constructed subject to the Town Fire Marshall's review and approval. G. That the proposal complies with the requirements of Chapter 236, Stormwater Management, or in the alternative, the Zoning Board of Appeals shall condition such approval on compliance with the requirements of Chapter 236, Stormwater Management. Prior to commencing any Project construction activities, a Construction and Operation Phases Stormwater Pollution Prevention Plan (SWPPP)will be prepared for review and approval by both the Town's Planning and Building Departments, as well as NYSDEC Region 1. §280-143 Matters to be considered. In making such determination, consideration shall also be given, among other things, to: A. The character of the existing and probable development of uses in the district and the peculiar suitability of such district for the location of any of such permitted uses. The proposed Project is compatible with the surrounding commercial and industrial properties. In addition, the Project will maintain and enhance existing vegetation on Site to create a visual buffer from adjacent properties. B. The conservation of property values and the encouragement of the most appropriate uses of land. i i i I i i The proposed Project significantly enhances both the Property's value and land use, including the following direct benefits to the Town: ■ Improved,more cost-effective,local LIPA electric service reliability during daily and seasonal peak demands, as well as during and severe weather storms; ■ A new Property Tax Base via a PILOT Agreement through the Suffolk County Industrial Development Agency(SCIDA); and ■ An eight(8) month construction timeframe with up to 40 construction jobs(20 on-Site at one time during the Project's peak construction period). ■ The proposed Project will support and promote New York State's movement away from fossil fuel energy sources and toward renewable energy sources, thereby improving, over time, the local airshed and quality of life for Town residents. C. The effect that the location of the proposed use and the location that entrances and exits may have upon the creation or undue increase of vehicular traffic congestion on public streets, highways or sidewalks to assure the public safety. A temporary, slight increase, to Main Road/NY25 traffic is anticipated during the proposed Project's 8-month construction period. The proposed Facility will be unmanned and controlled and monitored remotely during its long-term Operation, with periodic Facility Operation and Maintenance (O&M), as well as Site Maintenance crews of two (2) to three (3) people routinely conducting on-Site visits. During Facility servicing activities (replacing or adding energy storage batteries required to maintain the Facility's energy delivery guarantee to LIPA),which occurs once every 4-to-5 years, 10-15 people would be on-Site daily for one week.Such periodic O&M Site visits would not be expected to have a significant impact on local traffic volume along Main Road/NY25. D. The availability of adequate and proper public or private water supply and facilities for the treatment,removal or discharge of sewage, refuse or other effluent(whether liquid,solid,gaseous or otherwise)that may be caused or created by or as a result of the use. The Project will require and secure a Suffolk County Water Authority (SCWA) connection and hydrant during the Project's Construction Phase; periodic landscaping maintenance during the Project's Construction and Operations Phases; and will meet the Town Fire Marshall's anticipated requirements for on-Site Facility fire protection during the Facility's Operation Phase. ■ Project-generated Construction Phase refuse removal will be the responsibility of the Project's Construction Contractor engaging a Town-approved refuse carter. ■ On-Site Construction Phase portable restrooms will be provided and serviced by the Project's Construction Contractor. ■ No on-Site sanitary/septic installation and/or refuse removal are required since the Facility will be unoccupied and monitored remotely. E. Whether the use or the materials incidental thereto or produced thereby may give off obnoxious gases, odors,smoke or soot. The proposed BESS Project will not generate any obnoxious gases, odors, smoke or soot. F. Whether the use will cause disturbing emissions of electrical discharges,dust,light, vibration or noise. ■ There will be no Facility electrical, dust emissions and no Facility vibrations during the Facility's Operations Phase. ■ The proposed Project's Construction Phase Contractor will utilize Best Practices to control Site earthwork dust emissions and vibrations. ■ Construction Phase noise will be temporary, localized and limited to the hours of construction. ■ The proposed Project will provide the Town with predicted sound modeling analysis complying with the Town's Noise Code §180-6 once completed. Predicted noise levels during Project Operation (transformers/HVAC systems) are not expected to exceed the Town's Noise Code §180-6. ■ As the Facility will be classified as a federal and New York State Homeland Security Critical Infrasture, dark-sky compliant security lighting fixtures will be installed within the Project Site. This lighting system will only activate during an emergency or Site/Facility security threat. G. Whether the operation in pursuance of the use will cause undue interference with the orderly enjoyment by the public of parking or of recreational facilities, if existing or if proposed by the Town or by other competent governmental agencies. Operation of the proposed BESS will not cause undue interference with the orderly enjoyment by the public of parking or of recreational facilities. H. The necessity for bituminous-surfaced space for purposes of off-street parking of vehicles incidental to the use and whether such space is reasonably adequate and appropriate and can be furnished by the owner of the plot sought to be used within or adjacent to the plot wherein the use shall be located. The proposed BESS will be an unmanned Facility requiring only periodic maintenance activities (vegetation management, component repair/replacement), which the proposed on-Site BESS service road is more than capable of adequately servicing. L Whether a hazard to life,limb or property because of fire,flood,erosion or panic may be created by reason of or as a result of the use or by the structures to be used therefor or by the inaccessibility of the property or structures thereon for the convenient entry and operation of fire and other emergency apparatus or by the undue concentration or assemblage of persons upon such plot. The proposed BESS Facility will be engineered, procured and constructed subject to the Town Fire Marshall's review and approval. J. Whether the use or the structures to be used therefor will cause an overcrowding of land or undue concentration of population. The proposed BESS will not cause an overcrowding of land or undue concentration of population as the BESS is an unmanned facility. K. Whether the plot area is sufficient, appropriate and adequate for the use and the reasonably anticipated operation and expansion thereof. As confirmed in the Conceptual Site Plan,the plot area is sufficient for the purposes of the proposed BESS. L. Whether the use to be operated is unreasonably near to a church,school, theater, recreational area or other place of public assembly. No church, school, theater, recreational area or other place of public assembly is located within 1,500 feet of the proposed Project. M. Whether the site of the proposed use is particularly suitable for such use. The proposed Site is zoned Light Industrial LI and is therefore suitable for the placement of a BESS. N. Whether adequate buffer yards and screening can and will be provided to protect adjacent properties and land uses from possible detrimental impacts of the proposed use. The Applicant will work with the Town to be sure all appropriate visual buffers and screening are provided within the Land Use Application Site Plan Approval to be submitted at a later date. O. Whether adequate provision can and will be made for the collection and disposal of stormwater runoff, sewage, refuse and other liquid, solid or gaseous waste which the proposed use will generate. The Applicant will work with the Town to include and install appropriate safeguards. The Project, at present, plans to utilize on-Site catch basins and diffusion wells to manage on- Site stormwater generation. Sanitary waste, generated only during the Project's Construction Phase, will be properly managed and disposed via portable restrooms serviced by the Project's construction contractor. A Whether the natural characteristics of the site are such that the proposed use may be introduced there without undue disturbance or disruption of important natural features, systems or processes and without risk of pollution to groundwater and surface waters on and off the site. The proposed Project is being engineered to minimize/mitigate impacts to the natural characteristics of the existing Site. This includes maintaining the Site's existing natural topography to the greatest extent possible;supplementing the Site's existing drainage characteristics; working with NYSDEC and the Town regarding the mapped NYSDEC wetland buffer; and ensuring Project will not impact those species and communities identified in the New York Natural Heritage Program's (NYNHP) August 26, 2020 response letter. [ZOW17g AR2 � 202 Bard OfAppeals EXHIBIT B February 4, 2021 pre-filed Memorandum Analysis of Special Exception Standards Relating To Suffolk County Energy Storage, LLC STEVEN E. LOSQUADRO ATTORNEY AT LAW 649 ROUTE 26A SUITE 4 ROCKY POINT,NEW YORK 11778 (631) 744-9070 FAX(631) 744-9421 W W W.LOSQUADROLAW L`.'[RM.00M . m To: Town of Southold Zoning Board of Appeals From: Steven E.Losquadro,Esq. Re: Analysis of Special Exception Standards relating to Application of Suffolk County Energy Storage II,LLC Date: February 4,2021 Kindly accept this Memorandum as an analysis of both the General Standards and Matters to be Considered by the Zoning Board of Appeals as they relate to the Application by Suffolk County Energy Storage II,LLC for Approval of a Special Exception for a Battery Energy Storage System(BESS)project to be located at 69430 Main Road in West Greenport, Town of Southold. Each General Standard and Matter to be Considered shall be addressed below immediately underneath the corresponding Section of the Town Code. § 280-142 General standards. [Amended 6-15-1993 by L.L. No. 10-19931 No Special Exception approval shall be granted unless the Zoning Board of Appeals specifically finds and determines the following: A. That the use will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent use districts. Response: The BESS use proposed for the subject parcel will in no manner hinder or deter the orderly and reasonable use of adjacent properties or of properties in adjacent use districts. Indeed,because the anticipated BESS Project use will be extraordinarily less impactful than other intense industrial uses permitted as-of-right on the parcel, it may be said that the BESS use will permit, if not promote, the orderly and reasonable existing and future uses of adjacent properties. B. That the use will not prevent the orderly and reasonable use of permitted or legally established uses in the district wherein the proposed use is to be located or of permitted or legally established uses in adjacent use districts. Response: The Applicant's BESS use, which will not generate air emissions, wastewater discharges,traffw, odors,solid waste generation,nitrogen loading or other by-products of uses permitted on industrially owned property, will notprevent the orderly and reasonable use of permitted or legally established uses in the district wherein the proposed use is to be located, or of permitted or legally established uses in adjacent use districts C. That the safety,the health,the welfare,the comfort, the convenience or the order of the Town will not be adversely affected by the proposed use and its location. Response: The proposed BESS project is among the NYS PSC-designated clean,green technologies that promote the proliferation of renewable energy within our region, consistent with New York State's CLCPA (Climate Leadership Community Protection Act).It does not generate emissions, wastewater discharge, traffic, nitrogen loading,solid waste or other impacts associated with activity permitted on an industrial site, and thus will not adversely impact the health, welfare, comfort, convenience or order of the Town. D. That the use will be in harmony with and promote the general purposes and intent of this chapter. Response: Section 280439 of the Town Code provides that selected land uses that are allowable under zoning may require individual review to assure compatibility with existing land use patterns. As BESS is a new NYSPSC-designated clean,green technology, and certainly one that is new to the Town of Southold, it is appropriate and beneficial that the Zoning Board of Appeals engage in such an examination. The proposed BESS"Public Utility"use proposed by the Applicant on the subject parcel, which is ideally situated withing 530 feet of LIPA's existing 8J Southold Substation,provides for the highest, best and least impactful use permitted on industrially zoned property. Accordingly, it is consistent with existing land use patterns that encourage responsible and meaningful development E. That the use will be compatible with its surroundings and with the character of the neighborhood and of the community in general,particularly with regard to visibility, scale and overall appearance. Response: The proposed BESS use will be compatible with the surroundings and character of the neighborhood and the community in general. Unlike extremely intense uses permitted on an industrially zoned site that would be out of character,the BESS project will not create congestion, STEVEN E. LOSQUADRO truck or other vehicle traffic,not involve the operation of machinery, will not generate emissions, fumes, or the dispersal of particulates, and will not introduce potential contaminants associated with industrial uses. Thus, the environmentally benign BESS use will be compatible with the character of the area, as it will not negatively impact neighbors or passers-by. The low profile and low impact project will be visually buffered and screened, which will further ensure such compatibility. -7 35 F. That all proposed structures,equipment and material shall be readily accessible for fire and police protection. Response: The BESS project has been designed, and will be engineered and constructed, in accordance with established AT State Fire Protection and Building Codes, which include utility- scale,BESS-specific regulations, as well as the Town's Building Department and Fire Marshal requirements to accommodate ready accessibility by Fire,Police and First Responder services. The Applicant looks forward to working with the Town Fire Marshal, the Southold Fire Department and the Town Police Department as the BESS project moves forward to the Planning Board. G. That the proposal complies with the requirements of Chapter 236, Stormwater Management,or in the alternative,the Zoning Board of Appeals shall condition such approval on compliance with the requirements of Chapter 236, Stormwater Management. [Added 2-14-2012 by L.L.No.3-2012] Response: The Applicant's proposed BESS project's engineered and constructed on-site stormwater management and groundwater recharge system will comply with the requirements of Chapter 236,Stormwater Management. The Applicant looks forward to continuing to demonstrate its compliance with such standards as the BESS project Application proceeds. § 280-143 Matters to be considered. In making such determination, consideration shall also be given,among other things,to: A. The character of the existing and probable development of uses in the district and the peculiar suitability of such district for the location of any of such permitted uses. Response: The character of the existing and probable development of uses on the industrially zoned subject parcel within this district,which includes LIPA's existing 8f Southold Substation specifically identified by PSEGLI as desirable for North Fork BESS interconnection,compels the placement of the BESS project proposed by the Applicant. The BESS use is essentially zero- impact, as it is buffered,screened, complies with Town sound ordinance,will not generate traffic, will not generate emissions or other pollutants, will not cause nitrogen loading and will not generate solid waste. Accordingly, the subject parcel is ideally and particularly suited to host a BESS use that is exceptionally well-matched to LIPA's North Fork BESS need and less impactful than other, as-of-right uses that could be placed there. STEVEN E. LOSQUADRO °' B. The conservation of property values and the encouragement of the most appropriate uses of land. Response: Because the proposed BEES project will be low profile and visually screened and buffered, is consistent with Federal and State mandates to promote the use and proliferation of renewable energy that benefits the local environment, and removes the possibility of highly impactful uses that could be developed on the subject parcel, the Applicant's BESS project will conserve property values and encourage a more appropriate use of the land - *3�(�-' C. The effect that the location of the proposed use and the location that entrances and exits may have upon the creation or undue increase of vehicular traffic congestion on public streets,highways or sidewalks to assure the public safety. Response: The Applicant's proposed BESS project will not create or unduly increase vehicular traffic congestion on public streets or highways.In fact,the project will essentially not cause any added vehicular traffic at all, thereby assuring the continued safety of the public along the Main Road(NYSRoute 25). D. The availability of adequate and proper public or private water supply and facilities for the treatment, removal or discharge of sewage,refuse or other effluent(whether liquid, solid,gaseous or otherwise)that may be caused or created by or as a result of the use. Response: The BESS project will not generate sewage or wastewater, and will not cause sewage. Thus,the concern about removal or discharge of sewage, refuse or other effluent becomes moot, as same will not occur on the subject parcel E. Whether the use or the materials incidental thereto or produced thereby may give off obnoxious gases, odors, smoke or soot. Response: The BESS project will not use or store materials that wild produce,in anyway, obnoxious gases, odors,smoke or soot. F. Whether the use will cause disturbing emissions of electrical discharges, dust,light,vibration or noise. Response. The Applicant's BESSproject will not only not cause any project-related disturbing emissions of electrical discharges, dust, light, vibration or noise, but also will displace existing emissions from the nearby diesel fueled peak generation facility within LIPA's 8JSouthold Substation. Indeed, the project will comply with the Town's noise ordinance. ®dors,heavy machinery use,significant truck traffic,fumes and the dispersal ofparticulates thatfrequently occur on industrially zoned parcels will not take place on the subject parcel. G. Whether the operation in pursuance of the use will cause undue interference with the orderly enjoyment by the public of parking or of recreational facilities,if existing or if proposed by the Town or by other competent governmental agencies. STEVEN EA . EOSQUADRO .'Cw. �t Response: Because the BESS project will not generate traffic or congestion, and further will be screened and buffered, it will not cause any interference, let alone undue interference, with orderly enjoyment by the public of parking or of local recreational facilities, including the Preserve. IYP3SL H. The necessity for bituminous-surfaced space for purposes of off-street parking of vehicles incidental to the use and whether such space is reasonably adequate and appropriate and can be furnished by the owner of the plot sought to be used within or adjacent to the plot wherein the use shall be located. Response: As the Applicant's BESS project will not require off-street parking of vehicles incidental to the BESS use, no concern exists about the necessityfor bituminous surfaced space for such purposes. I. Whether a hazard to life, limb or property because of fire,flood, erosion or panic may be created by reason of or as a result of the use or by the structures to be used therefor or by the inaccessibility of the property or structures thereon for the convenient entry and operation of fire and other emergency apparatus or by the undue concentration or assemblage of persons upon such plot. Response: BESS is a clean,green and safe technology, and will not create a hazard to life, limb,or property due to fire,flood, erosion or panic. As referenced previously, the site will be readily accessible to fire and police services, and will not have any undue concentration or assemblage of persons thereon. J. Whether the use or the structures to be used therefor will cause an overcrowding of land or undue concentration of population. Response: The Applicant's BESS project does not require any undue concentration of population. In fact, it essentially requires no presence of people on the site at aIL Thus,there will be no overcrowding of land K. Whether the plot area is sufficient, appropriate and adequate for the use and the reasonably anticipated operation and expansion thereof. Response: It is respectfully submitted that consistent with the Applicant's October 2, 2020 Special Exception Application comprehensive filing, the Applicant's use of the site to accommodate a BESS project is sufficiently, adequately and carefully tailored to appropriately accommodate a BESS use in conformance with the requirements of the Town Codes L. Whether the use to be operated is unreasonably near to a church,school,theater, recreational area or other place of public assembly. Response: It is respectfully submitted that the proposed BESS project is not unreasonably near to a church,school,theater,recreational area or other place of public assembly. STEVEN E. EOSQUADRO I M. Whether the site of the proposed use is particularly suitable for such use. Response: The proposed use is exceptionally well-suited for the subject site, as the parcel is both industrially zoned to accommodate extremely intense uses that go far beyond the benign BESS use, and located within 530 feet ofLIPA's 8JSouthold Substation identified by PSEGLI as a highly desirable BESSpoint of interconnection. -1351� N. Whether adequate buffer yards and screening can and will be provided to protect adjacent properties and land uses from possible detrimental impacts of the proposed use. Response: The Applicant is pleased to reiterate that adequate visual buffering and screening can and will be provided to protect adjacent properties and land uses. O. Whether adequate provision can and will be made for the collection and disposal of stormwater runoff,sewage,refuse and other liquid,solid or gaseous waste which the proposed use will generate. Response: Sewage, wastewater, refuse, and solid,liquid and gaseous waste will not be generated by the proposed use, while stormwater runoff will be addressed by compliance with Chapter 236,Stormwater Management P. Whether the natural characteristics of the site are such that the proposed use may be introduced there without undue disturbance or disruption of important natural features, systems or processes and Without risk of pollution to groundwater and surface waters on and off the site. Response: The nature of the site is such that the proposed BESS use may be introduced without unduly disturbing or disrupting important natural features,systems and processes, and without risking pollution to groundwater and surface waters on and off site. In that vein, it should be noted again that the use will not cause any emissions, nitrogen loading or generate any refuse,sewage or solid waste, all of which significantly lessen the aforementioned risks. STEVEN E. I,OSQUADRO ®` "m Zoning gMAR 2o arca OFA,,,,, EXHIBIT C March 1, 2021 Savion Letter 422 Admiral Blvd, Kansas City, MO 64106 MWAVION I A RENEWABLE ENERGY COMPANY www.savionenergy.com Via E-Mail March 1,2021 Leslie K.Weisman ZBA Chairperson Town of Southold 54375 State Route 25 Southold,NY 11971-0959 Re: Suffolk County Energy Storage II,LLC Application for Special Exception#463SE Environmental Matters Dear Ms.Weisman: Suffolk County Energy Storage Il,LLC(Project),a wholly owned subsidiary of Savion Energy,respectfully submits this Rebuttal Letter for the ZBA's review and Public Hearing Record in response to the following oral and written comments received in connection with the ZBA's February 4th,2021 Public Hearing: ❖ Sound ■ Drossos Snack Bar,Motel and Miniature Golf Complex-69125 Main Road/NY25A During the February 4th Public Hearing, an owner representing the Drossos Complex inquired if there would be noise from the Project that could impact the Complex's Snack Bar, Motel and Miniature Golf operations. As the Board will recall, I noted in my earlier Public Hearing presentation that the Project commissioned and pre-filed the independently prepared January 15,2021 Epsilon Associates,Inc.(Epsilon)Sound Study and Report which documents that the Project's engineered configuration, equipment specifications and supplemental sound attenuation could comply with the Town's applicable Noise Code. In response to the aforementioned concern raised by the Drossos Complex owner, the Project subsequently requested that Epsilon prepare a supplement to its previous Sound Study with expanded Project Sound Contours to the Drossos'Complex.Epsilon's-February 25,2021 Supplemental Letter Report and Analysis results, provided as Attachment A—Sound Levels hereto and made a part hereof, further demonstrates that the Project-related Sound levels extended to the Drossos Complex would be in the range as low 40-47dB, the equivalent of a Soft Wisper at 3'as shown in the Common Outdoor Sounds Chart also included in Appendix A. Putting this analysis in context with existing sounds at the Drossos Complex,Appendix A further highlights that the Project's projected 40-47db Soft Wisper at 3'equivalent would not present any annoyance at the Drossos complex because of the following prevailing noise sources existing at the Snack Bar and Miniature Golf Course: o Normal conversation,which would be expected to be 55-60dB;and o Main Road/NY25A traffic, which would be in the order of 55dB from cars, and even louder from trucks. Furthermore, regarding the Drossos Motel, the USEPA, in its document titled "Information on Levels of Environmental Noise Requisite to Protect Public Health and Welfare with an Adequate Margin of Safety" (1974),indoor sound levels from exterior sources can be expected to be reduced 12dB with windows open and 24dB with windows closed,thereby further reducing sound from the exterior of the motel. ■ Pipe's Cove Wildlife Preserve During the Public Hearing two (2) Village of Greenport residents independently claimed that Project- related Noise would adversely impact resident wildlife within the Pipe's Cove Preserve. The Project respectfully rebuts these claims with the following: o As presented in the previously referenced Attachment A, the additional Project 40dB and 45dB Noise Contours have also been overlaid onto the Pipe's Cove Preserve and its nearest mapped Trails to the Project Site where the expected normal public use conversation would again be 55-60dB; and o As shown in Figure 1 below Pipe's Cove Preserve wildlife is already being impacted by(a)the MTA LIRR's Greenport Line that bisects the Preserve generating 85dB diesel engine train noise six (6) times daily(3-Westbound and 3-Eastboind Trains/Day); (b)the extensively traversed existing and planned 55-60dB noise generating public use Trails; and (c) the existing noise generated by the traffic along the Main Road. Figure 1 Source:01/29/21 Town Land Preservation Department Memo Bay-To-Sound Trails Map Information ❖ Site Hydrology During and since the February 4th Public Hearing,specific oral and written comments have been made about the Site's surface and subsurface hydrology, specifically the Site's ability to adequately manage on-Site stormwater containment and drainage to mitigate flooding and/or off-Site stormwater runoff. The Project respectfully rebuts these claims with the following: ■ On February 0 two(2)Village of Greenport residents independently claimed,without any supporting documentation,that the Site a)is a "wet Site",and b)has poor drainage due to poor draining subsurface soils and high groundwater underlying the site.The Project offers the following in response: i o The current property owner Jon Dive]lo's February 24,2021 letter testimony that: • He has never experienced any: o Flooding or poor drainage on the property; o Water in the basement of the residence,which would be evidence of high groundwater; and o Problems with the functioning of either of the two (2) on-Site subsurface septic systems'drainage. o Appendix B — Preliminary Site Drainage Memo attached hereto and made a part hereof independently prepared by Langan Engineering, Environmental, Surveying, Landscape Architecture and Geology,DPC supporting the testimony of Christina M.Zolezi,PE on February 4th that the Project's subsurface investigation has determined that: • According to FEMA's most current Suffolk County Flood Insurance Rate Map (FIRM) the majority of the Site lies within Zone X-Shaded determined to be outside the 0.2% annual chance floodplain,with the southwest portion of the Site located within Zone X—Shaded an area of 0.2%annual chance flood thereby establishing the Site as the local area's high ground. • The existing subsurface soil types and underlying Groundwater elevation,combined with an engineered Facility configuration utilizing multiple drywells for stormwater collection drainage was very clear. • will adequately support the Site's proposed development,noting that: o The Project must be designed to meet both New York State and Town of Southold stormwater management requirements; o The final stormwater management strategy will: • Manage any increases in post-development peak discharge rates through the on- Site stormwater management facilities(i.e.Drywells); • Identify and detail all the erosion control,sediment control, pollution prevention, and stormwater management for the Project; • Be designed in accordance with the requirements of the Town of Southold and the NYSDEC SPDES Phase II Technical Standards. ■ In response to Town LWRP Coordinator Mark Terry's February 25,2021 Memo to the Board claiming that the"parcel seasonally floods from seasonal Groundwater fluctuations and ponding resulting from poorly to very poorly drained soils"and including two(2)recent photographs of the Site: 1. The photographs reveal localized areas of snow melt and/or rainwater ponding on the 2.02-acre Site not Site flooding.We expect that Board Members are familiar with such snowmelt and post-rainfall ponding as it typically occurs on farmlands and vineyards throughout the Town. 2. As stated above,the previously referenced Appendix B—Preliminary Site Drainage Memo,confirms that the Site's existing subsurface soil types and underlying Groundwater elevation,combined with the engineered Facility stormwater collection system will adequately support the Site's proposed development and mitigate existing surface ponding. ❖NYSDEC Mapped On-Site Wetland ■ Several oral comments were made during the February 4th hearing referring to the existing 5,500 SF/0.13-acre mapped NYSDEC Freshwater Wetland located in the East corner of the parcel. As documented in the Project's pre-filed attachments submitted with the Project's Special Exception Application,the Project is well aware of this existing Wetland and has been proactively addressing it during its past 24-months Site diligence, including communications and coordination with the NYSDEC Region 1 regarding an Article 24 Wetland Impact Permit, which is only required for impacts to the NYSDEC-regulated 100'Adjacent Area. As noted in the Project's pre-filed Application package the Project,through communications with the NYSDEC Region 1,has agreed that direct impacts to NYSDEC-mapped Wetland will not be permitted,the Project and NYSDEC Region 1 have further agreed to a 10'buffer from the existing interior forested strip (not just 10'from the wetland itself as noted by commenters) located within the 100'Adjacent Area which will be permanently fenced and marked with signage to physically protect the NYSDEC mapped Wetland. The Project will continue to work with both the NYSDEC and the Town Board of Trustees on Project- related Wetland matters post-LIPA/PSEGLI 2021 competitive solicitation awards/selection during our anticipated 2022 Land Use Application submittal to the Town Planning Board and its Site Plans review process. ■ In response to Town LWRP Coordinator Mark Terry's February 25, 2021 Memo to the Board wherein Mr.Terry cites under Item 3(page 7 of 9): 3b.Require the establishment of a 100'vegetated, non-disturbance buffer from the wetland system to protect drainage patterns and water quality of the system.Require that the non-disturbance buffer be protected into perpetuity through a covenant and restriction or easement,and; 3c. Applicant correspondence in the file relies on the NYSDEC regulations and assessment of wetlands on-site. The Applicant does not adequately address the Town of Southold Chapter 275 Wetland and Shorelines of the Southold Town Code requirements. As you are aware, a minimum 100'wide setback(buffer) is required from all wetlands on-site and off-site.Verify if freshwater wetlands occur to the west of the parcel;off site. The Applicant respectfully notes that: o The sole 100'Wetland Setback requirement cited in the referenced Town Code Chapter 275 — Wetland and Shoreline, is found in §2751)(1)(a)[1], is expressly limited to "residential property"within the jurisdiction of the Board of Trustees;and o The existing residential Land Use is non-confo rmi ng/u n permitted within the LI-Light Industrial Zoning District,whereas both the parcel is Zoned LI-Light Industrial,this includes the Project's proposed Public Utility status subject to ZBA Special Exception Approval,both of which are exempt within Chapter 275 §2751)(1)(a)[1] 100' Wetland Setback requirements. ❖Wildlife Habitat In addition to the two(2)Village of Greenport Residents who,during the February 0 Public Hearing orally noted that%-acre of the parcel is designated as Significant Wildlife Habitat,the Town's(a)Land Preservation Coordinator Michele Spiro's January 29,2021 pre-filed Memo;and (b)LWRP Coordinator Mark Terry's February 25,2021 Memo also note that the proposed Site is located within an area of rare,protected and endangered wildlife species. While all of the above claims are true the ZBA should also be aware that: ■ The referenced%-acre of the parcel is located within the forested area that will remain undisturbed and protected within the previously identified 10' Wetland Buffer Area. Furthermore, the Project acknowledges its obligation to address the species noted within the NY Natural Heritage(NYNHP)letter included with the Applicant's pre-filed documents as being potentially present on the parcel prior to NYSDEC's issuance of the Project's Article 24 Wetland Impact permit.To this end,the Project can confirm the following progress status: o The Project commissioned its independent environmental consultant(AKRF, Inc.)to address the identified species of concern. o AKRF,in turn,completed a Project Habitat Assessment and Rare,Threatened,or Endangered(RTE) survey on October 30,2020 with the results of this Assessment forwarded to NYSDEC requesting concurrence of the Assessment's findings,that the Project does not provide suitable habitat for the species listed in the NYNHP letter and "as such, it is AKRrs understanding that the planned Project will not result in impacts to identified RTE species and/or suitable habitat for the species listed in the NYNHP letter response." o NYSDEC is currently reviewing AKRF's request and the Project will be working with NYSDEC to assure that impacts to these species will not occur. The Project respectfully submits,that with its(i) pre-filed Application supporting environmental documents,which include a completed SEQRA FEAF supplemented with Visual and Noise Analyses; NYSDEC's Freshwater Wetland Delineation Map;completed LWRP Consistency Acceptance Form and Floodplain Development Permit Application; (ii)February 0 Public Hearing presentation and oral Testimony;(iii)the February 22,2021 Fire Protection and Safety Letter from Reid Strain of Savion; and (iv) the above responses to Sound, Site Hydrology, Mapped Wetland and Wildlife Habitat, supplemented with supporting Appendices A —Sound Levels and B—Site Drainage, collectively meets the SEQRA hard look standard;and adequately and meaningfully responds to both participating stakeholders' oral and written Testimony, as well as the ZBA's environmental impacts-related diligence and therefore,that any further stakeholder unsupported requests for further environmental study would be regarded as unnecessary. On behalf of the Project we appreciate the ZBA's thorough diligence regarding the Project's Application and hope for your favorable Special Exception and SEQRA Determinations. Sincerely, Jason C.Funk Director Permitting and Environmental attachments 1 1 ATTACHMENT A SOUND LEVELS \I S'I I%,a a ail t, n ASSOCIATES INC SCES 11 sound level lttr20210225.docx PRINCIPALS February 25, 2021 Epsilon Ref. 5926 Theodore A Barten,PE Margaret B Briggs Dale T Raczynski,PE Mr.Jason Funk Cindy Schlessinger Director Permitting and Environmental Lester B Smith,Jr Suffolk County Energy Storage II, LLC Robert D O'Neal,CCM,INCE 422 Admiral Blvd Michael D Howard,PWS Kansas City, MO 64106 Douglas J Kelleher Subject: Suffolk County Energy Storage II,LLC—Sound Levels AJ Jablonowski,PE Stephen H Slocomb,PE Dear Mr. Funk: David E Hewett,LEED AP Dwight R Dunk,LPD Epsilon Associates, Inc. (Epsilon) has conducted a detailed sound level study on behalf of David C Klinch,PWS,PMP Suffolk County Energy Storage II, LLC for the proposed battery storage facility(Suffolk II) Maria B Hartnett located along New York State Route 25(NY 25)in the Town of Southold,NY(the Project).' Richard M Lampeter,INCE The Suffolk II facility will consist of thirty-four battery storage containers, each with two Geoff Starsiak,LEED AP BD+C HVAC units, and thirteen central inverters. The facility will meet the Town of Southold's Marc Bergeron,PWS,CWS noise regulations which limit sound to no more than 50 decibels (dBA) on a complaining neighbor's property. ASSOCIATES The purpose of this letter is to put the Project's sound levels into context for the nearest noise-sensitive uses on the opposite side of Route 25. These are the Drossos Snack Bar Alyssa Jacobs,PWS and Miniature Golf property, and the Drossos Motel. The attached Figure 1 shows these Holly Carlson Johnston two properties along with the projected sound levels from the Project. This figure does Brian Lever not show the existing sound levels from all the other sources of sound already nearby: • Route 25—carries about 8,100 vehicle per day in Southold2 • Southold electrical substation 3 Mill&Main Place,Suite 250 . Southold Gas Turbine Maynard,MA 01754 . Long Island Railroad www epsilonassociates com 978 897 7100 FAX 978 897 0099 'Sound Modeling Analysis letter from Epsilon Associates,Inc.to Suffolk County Energy Storage II, LLC,dated January 15,2021. z www.dot.nv.gov/tdv.Accessed February 24,2021. Data is for 2019(pre-COVID). '= ,n s >` �� Q EN£INSFdHEM kbVUzq 4lA8 t1 CAS ve;!SSU LiA3(9 Mr.Jason Funk ^ �� 2 Suffolk County Energy Storage II, LLC February 25,2021 Figure 1 shows that sound levels from the Project would be approximately 47 dBA at the snack bar and 42-45 dBA at the mini-golf course. At the motel, sound levels from the Project would be around 40 dBA or less. For perspective, normal conversation is 55-60 dBA, and traffic noise from cars on Route 25 is approximately 55 dBA at the snack bar (louder from trucks). It is possible that when there is no traffic, a faint sound may be audible from the Project but it would not impact people visiting the snack bar or playing on the mini-golf course. The World Health Organization (WHO) recommends that sound levels outside a motel or home be 45 dBA or less so that people may sleep with their windows open and not be disturbed.3 Since outdoor sound levels from the Project are around 40 dBA or less at the motel,sound from the Project will not impact a guest's ability to sleep. This same WHO guideline states daytime sound levels below 50 dBA will not create annoyance. Sound levels from the Project will be 47 dBA or less at the snack bar and mini-golf area which is below this threshold of annoyance. If you have any questions on this letter, please call me at(978)461-6236,or e-mail me at roneal@epsilonassociates.com. Sincerely, EPSILON ASSOCIATES, INC. Robert D.O'Neal,CCM, INCE Bd. Cert. Managing Principal 3 Guidelines for Community Noise,World Health Organization,Edited by Berglund et al,1999. iA°s EN�INB FRS®FNYiR�4SPC NTAI G9NSll!'Aut L" mew g� LEGEND x s ®Inverter t . 3=i Battery Container i Parcel Boundary Sound Barrier -_-- Bay to Sound Trail i Predicted Sound Level(dBA) 40 55 4 �r t 5 60 50 b O - Scale 1:1,800 0 75 1S0 � :v, -•- "�"' x. '� 1 inch=150 fee[ Feet Southold Gas Turbine - Basemap Bing Aenal Imagery i Reiter's 7 Acre Farm - t t•>, 3 t 1 Southold Substation t tt4 4 � kbit 1, S ' zb Drossos Snack Bar+Mini Goh rx Q .` q " ti , r r Diossos Motel f / t a , to i. b d L >` ,� . .�. �. do-'}'•. ... 4,5=: ? Long Island Railroad Suffolk County II Battery Storage Town of Southold,New York Epsilon Figure 1 Sound Modeling Results Sound Pressure COMMON INDOOR SOUNDS Level, dBA COMMON OUTDOOR SOUNDS f ..........Jet takeoff at 300 feet Rock band f sem,.-""""Jet flyover at 1,000 feet Inside subway train(NYC) ..........Gas lawnmower at 3 feet Food blender at 3 feet Heavy truck at 50 feet Garbage disposal at 3 feet Shouting at 3 feet Noisy urban daytime Vacuum cleaner at 10 feet """'Gas lawnmower at 100 feet ----Auto(60 mph)at 100 feet Normal speech at 3 feet ..Heavy traffic at 300 feet Quiet speech at 3 feet Dishwasher next room 50 ..........Small town residence Soft whisper at 3 feet 40 Library 30 Bedroom at night ---North rim of Grand Canyon Quiet rural nighttime 20 Broadcast and recording studio.....••• 10 0 References: Threshold of hearing 1.Harris,Cyril,'Handbook of Noise Awusfical Measurements and Noise Control",p 1-to.,1998 2."Controlling Noise",USAF,AFMC,AFDTC,Elgin AFB,Fact Sheet,August 1996 3.California Dept.of Trans.,'Technical Noise Supplement',Oct,1998 pSilOn Figure 1 Common Indoor and Outdoor Sound Levels APPENDIX B SITE DRAINAGE r' t LANGAN Technical Memorandum Langan Engineering,Environmental,Surveying,Landscape Architecture and Geology,D.P.C. One North Broadway,Suite 910 White Plains,NY 10601 T:914.323.7400 - F:914.323.7401 To: Harrison Netz —14-b 31 1 (- _31 From: Michael Finan, PE, LEED-AP Info: Christina M. Zolezi, PE Date: February 19, 2021 Re: Preliminary Site Drainage Memo Suffolk County Energy Storage II, LLC 69430 Main Road, Town of Southold, Suffolk County, NY Langan Project No.: 190060901 1 EXECUTIVE SUMMARY This technical memorandum summarizes the preliminary stormwater management strategy for Suffolk County Energy Storage II, LLC located at 69430 Main Road in the Town of Southold, Suffolk County, New York Suffolk County Energy Storage II, LLC is a battery energy storage system (BESS) facility. The preliminary stormwater management strategy for the site is to use dry wells for stormwater management. Dry wells provide both water quality and runoff reduction capabilities by infiltrating the runoff through the existing soils. In addition,the project will maintain existing drainage patterns as much as practicable, control the rate of stormwater runoff resulting from the development, and mitigate potential impacts on water quality and erosion generated during and after construction. The preliminary stormwater management strategy is considered conceptual and is based upon the existing and proposed site conditions as well as preliminary geotechnical investigations performed by our office on 31 August 2020. The final stormwater management strategy will identify and detail the erosion control, sediment control, pollution prevention, and stormwater management for the project The final stormwater management strategy will be design in accordance with the New York State Department of Environmental Conservation (NYSDEC) State Pollutant Discharge Elimination System (SPDES) General Permit for Stormwater Discharges from Construction Activity (General Permit) latest revision; the New York State Stormwater Management Design Manual(Design Manual) latest revision, the New York State Standards and Specifications for Erosion and Sediment Control latest revision; and the Town of Southold stormwater management requirements. 2 EXISTING CONDITIONS The property is ±2.0 acres and developed with a single family residence (see Figure 1 . Access to the site is provided by a gravel driveway off of Main Road The site is mostly cleared with some wooded areas along the southeast and southwest property lines. The site slopes generally range from less than 1 percent to 3 percent,with the majority of the slopes being under 2 percent. Technical ,/ Preliminary Site Drainage Memo 1 V Suffolk County Energy Storage II, LLC 143� 430 Main Road,Town of Southold,Suffolk County, NY Memorandum Langan Project No 190060901 February 19, 2021- Page 2 of 7 There is an onsite wetland in the southeastern corner of the property. The wetland is regulated by the New York State Department of Environmental Conservation (NYSDEC) and has a 100 foot regulated adjacent area The majority of the regulated adjacent area is manicured lawn with some wooded area In preliminary discussions with the NYSDEC, a 10 foot avoidance buffer from the wooded area has been established to prohibit further encroachment into the 100 foot regulated adjacent area This generally equates to a 30 foot offset from the wetland edge. According to the Flood Insurance Rate Map (FIRM) for Suffolk County published by the Federal Emergency Management Agency(FEMA)Maps No. 36103C0l 57H and 36103C0159H, both with a revision date of 25 September 2009, the majority of the site is in Zone X— unshaded, "areas determined to be outside the 0.2% annual chance floodplain " The southwest part of the site is located within Zone X—shaded, "areas of 0.2% annual chance flood" (see Figure 2). 3 PROPOSED CONDITIONS Suffolk County Energy Storage 11, LLC is a battery energy storage system (BESS)that will consist of an access driveway, battery storage containers, ground mounted inverters, ground mounted switchgear, and substation. The 20 foot wide driveway will provide access from Main Road. The driveway has been designed to provide circulation throughout the site to access the battery storage containers, inverters, and switchgears as well as allow for circulation of emergency vehicles. The facility will be fenced in accordance with applicable code requirements for safety The onsite substation will connect to the adjacent substation located north of the project site No structures are proposed in the Zone X—shaded, "areas of 0.2% annual chance flood." For the purposes of this preliminary analysis the driveway and substation yard are assumed to be gravel and the battery storage containers, inverters and switchgears will be mounted to concrete pads. The remaining area outside of the 10 foot avoidance buffer will be grass Landscape screening will be provided along Main Road outside of the security fencing. No direct wetland disturbance is proposed. The site slopes will generally remain unchanged, since the existing site slopes are suitable for this type of development and substantial regrading is not required. 4 SOILS The United States Department of Agriculture (USDA) Soil Conservation Service Soil Survey for Suffolk County has been reviewed The surficial soil conditions are shown in Figure 3 and are summarized in the table below Table 1: USDA Soil Data ; ; f 4 yy '>r Fl dralo'ic Ma ,y; Deptta£to w` Qescripton , . r ;S rvkal F ==:_lg- Gr""oundenrater(ft} B®clr®ck"(ft} Sa�I:Gr®gyp, Ca Canadice silt loam 1 0 >6.0 C/D HaB Haven loam, 0 to 2 percent slopes >6 0 >6.0 B LANGA1 Technical Preliminary Site Drainage Memo Suffolk County Energy Storage II, LLC Memorandum of Main Road,Town of Southold, Suffolk County, NY Langan Project No. 190060901 February 19, 2021- Page 3 of 7 The Soil Conservation Service defines the hydrologic soil groups as follows- • Type A Soils- Soils having a high infiltration rate and low runoff potential when thoroughly wet These soils consist mainly of deep, well-drained to excessively drained sands or gravelly sands. These soils have a high rate of water transmission. • Type B Soils- Soils having a moderate infiltration rate when thoroughly wet These soils consist mainly of moderately deep to deep, moderately well to well-drained soils with moderately fine to moderately course textures. These soils have a moderate rate of water transmission. • Type C Soils. Soils having a low infiltration rate when thoroughly wet These soils consist mainly of soils with a layer that impedes downward movement of water, and soils with moderately fine to fine texture. These soils have a low rate of water transmission. • Type D Soils: Soils having a very low infiltration rate and high runoff potential when thoroughly wet These soils consist mainly of clays that have high shrink-swell potential, soils that have a permanent high water table, soils that have a clay pan or clay layer at or near the surface, and soils that are shallow over nearly impervious material These soils have a very low rate of water transmission A preliminary geotechnical engineering study was performed by Langan. Four borings (LB-01 through LB-04) were drilled by Aquifer Drilling &Testing, Inc on 31 August 2020, under full-time Langan observation The borings were advanced with a Geoprobe 7822 DT rig using mud-rotary drilling techniques. Borings were advanced to depths ranging between about 12 to 27 feet(about el-2 to el-25) below the existing grades. The soils were observed to be a silty sand, clayey sand, sand, silt, silty clay, and clay Clay was encountered 8 feet to 11 5 feet below existing grades. Bedrock was not encountered Groundwater was encountered 6 to 15 feet below existing grades Refer to Aopendix A for the boring log information 5 ST®RMWATER SITE PLANNING 5.1 Preservation of Natural Features and Conservation Preservation of natural features includes techniques to identify and preserve natural areas that can be used to protect water, habitat and vegetative resources. Conservation includes designing elements of the development in a way that the site design takes advantage of a site's natural features, preserves sensitive areas and identifies constraints and opportunities to prevent or reduce negative effects of a development An evaluation of the preservation of natural features and conservation planning practices is provided in the table below. LANGAN Technical �/�� Preliminary Site Drainage Memo Suffolk County Energy Storage II, LLC Memorandum Main Road,Town of Southold,Suffolk County, NY Langan Project No 190060901 February 19,2021- Page 4 of 7 Table 1: Preservation of Natural Features and Conservation P[BCtiC@ ti `> Nkriptioiriv 'i f loco"r orated =ReasonG Preservation of Delineate and place into permanent Considered The undisturbed portion of Undisturbed conservation undisturbed forests, native and Applied the 100 foot adjacent area Areas vegetated areas, riparian corridors,wetlands, and wetlands will not be and natural terrain disturbed Preservation of Define,delineate and preserve naturally Considered The undisturbed portion of Buffers vegetated buffers along perennial streams, and Applied the 100 foot adjacent area rivers,shorelines and wetlands will not be disturbed Reduction of Limit clearing and grading to the minimum Considered Minimal clearing and grading Clearing and amount needed for roads,driveways, and Applied are proposed. Grading foundations, utilities and stormwater management facilities Locating Avoid sensitive resource areas such as Considered Minimal clearing is Development in and Applied proposed In addition,the floodplains,steep slopes, erodible soils, Less Sensitive wetlands, mature forests and critical habitats undisturbed portion of the Areas 100 foot adjacent area and by locating development to fit the terrain in areas that will create the least impact. wetlands will not be disturbed Open Space Use clustering,conservation design or open N/A Design space design to reduce impervious cover, preserve more open space and protect water resources Soil Restoration Restore the original properties and porosity Considered Soil restoration will be of the soil by deep till and amendment with and Applied applied in the disturbed compost to reduce the generation of runoff areas outside roads, and enhance the runoff reduction structural elements,and performance of post construction practices substation yard 5.2 Reduction of Impervious Cover Reduction of impervious cover includes methods to reduce the amount of rooftops, parking lots, roadways, sidewalks, and other surfaces that do not allow rain to infiltrate into the soil. An evaluation of the reduction of impervious cover techniques is provided in the table below Table 2: Reduction of Impervious Cover -R ice y 6�escri tion;' 1r[co orated, %Reason==%{ Roadway Minimize roadway widths and lengths to N/A Reduction reduce site impervious area Sidewalk Minimize sidewalk lengths and widths to N/A Reduction reduce site impervious area Driveway Minimize driveway lengths and widths to Considered The minimum driveway Reduction reduce site impervious area and Applied width for circulation and emergency vehicular access was used Cul-de-sac Minimize the number of cul-de-sacs and N/A Reduction incorporate landscaped areas to reduce their impervious cover Building Footprint Reduce the impervious footprint of residences N/A Reduction and commercial buildings by using alternate or taller buildings while maintaining the same floor to area ratio. LANGAN ✓v Preliminary Site Drainage Memo Technical Suffolk County Energy Storage II, LLC Memorandum 69430 Main Road,Town of Southold,Suffolk County, NY Langan Project No: 190060901 February 19, 2021- Page 5 of 7 j" Piaeti(;e u `_ <Descri tion- Irtcor orataO Reason: Parking Reduction Reduce imperviousness on parking lots by N/A eliminating unneeded spaces, providing compact car spaces and efficient parking lanes, minimizing stall dimensions, using porous pavement surfaces in overflow parking areas,and using multi-storied parking decks where appropriate 5.3 Runoff Reduction Techniques Green Infrastructure techniques use the natural features of the site and promote runoff reduction through mlcromanaging runoff, promoting groundwater recharge, increasing losses through evapotranspiration, and emulating the existing hydrology An evaluation of the runoff reduction practices is provided In the table below. Table 3: Runoff-Reduction Practices Practice Descri tion Ind or orated% fRe;son Conservation of Retain the pre-development hydrologic and /Considered and The undisturbed portion Natural Areas water quality characteristics of undisturbed Not Applied of the 100 foot adjacent natural areas, stream and wetland buffers area and wetlands will by restoring and/or permanently conserving not be disturbed, these areas on a site however,they will not be placed in conservation easements Sheet flow to Undisturbed natural areas such as forested Considered and Based on the site grades, Riparian Buffers or conservation areas and stream buffers or Not Applied it does not appear that Filter Strips vegetated filter strips and riparian buffers stormwater runoff will can be used to treat and control flow into the 100 foot stormwater runoff from some areas of a adjacent area development project Vegetated Open The natural drainage paths,or properly Considered and Based on the existing site Swale designed vegetated channels,can be used Not Applied topography and slopes, instead of constructing underground storm vegetated open swales sewers or concrete open channels to do not appear to be increase time of concentration, reduce the feasible peak discharge,and provide infiltration. Tree Planting/Tree Plant or conserve trees to reduce N/A Box stormwater runoff, increase nutrient uptake,and provide bank stabilization Trees can be used for applications such as landscaping,stormwater management practice areas,conservation areas and erosion and sediment control Disconnection of Direct runoff from residential rooftop areas N/A Rooftop Runoff and upland overland runoff flow to designated pervious areas Stream Daylighting Stream daylight previously culverted/piped N/A for Redevelopment streams to restore natural habitats, better Projects attenuate runoff by increasing the storage size and promoting infiltration. L.ANGAN Technical Preliminary Site Drainage Memo Suffolk County Energy Storage II, LLC 69430 Main Road,Town of Southold, Suffolk County, NY Memorandum Langan Project No. 190060901 February 19,2021- Page 6 of 7 <t P"active .._ A, ; �_ _t :. . ,.Descri tion - , Inaoroirated&� p ��Q-- ,�ReasonZ �� ,y Rain Garden Manage and treat small volumes of Considered and Dry wells,which also stormwater runoff using a conditioned Not Applied provide runoff reduction planting soil bed and planting materials to will be used for filter runoff stored within a shallow stormwater depression management Green Roof Capture runoff through a layer of N/A vegetation and soil installed on top of a conventional flat or sloped roof. Stormwater Planter Small landscaped stormwater treatment N/A devices that can be designed as infiltration or filtering practices. Rain Tank/Cistern Capture and store stormwater runoff to be N/A used for irrigation systems or filtered and reused for non-contact activities. Porous Pavement Pervious types of pavements that provide TBD Permeable driveway an alternative to conventional paved material will be reviewed surfaces, designed to infiltrate rainfall during the final through the surface stormwater management design to determine its feasibility 6 PRELIMINARY HYDROLOGIC ANALYSIS 6.1 Drainage Patterns In the existing conditions, stormwater runoff generally flows in a westerly direction towards Main Road and a southwesterly direction to the adjacent undeveloped wooded property. In the proposed conditions, stormwater runoff will generally follow the existing drainage patters as much as practicable. Stormwater runoff will be collected, through the use of high and low points, and conveyed to the stormwater management systems. The preliminary stormwater management treatment system will be dry wells. 6.2 Rainfall Data Rainfall data used in the modeling and analysis was obtained from the isohyet maps provided in the Northeast Regional Climate Center (NRCC) A Type III rainfall distribution was used to evaluate the pre- and post-development stormwater runoff conditions for the WQv, 1-, 10-, and 100-year 24-hour storms The rainfall data used in the analysis is provided in the table below Table 1: Rainfall Data t t ; ; ourRaifal6 y ; WQv 1 50 inches 1-year 2 74 inches 10-year 4.93 inches 100-year 8 65 inches LANGAN Technical Suffolk Site Drainage Memo 1 Suffolk County Energy Storage II, LLC p/E 69430 Main Road,Town of Southold,Suffolk County, NY Memorandum1 W Langan Project No.. 190060901 February 19,2021- Page 7 of 7 6.3 Redevelopment Activity The project is a combination of redevelopment and new development The project will treat a minimum of 25 percent of the water quality volume from the disturbed, existing impervious area and 100 percent of the water quality volume from the new impervious area through the implementation of standard stormwater management practices with runoff reduction capacity. In addition, the project will maintain existing drainage patterns as much as practical, control the rate of stormwater runoff resulting from the development, and mitigate potential impacts on water quality and erosion generated during and after construction As discussed, the preliminary stormwater management treatment system will be dry wells. Other alternative practices, such as permeable driveways will be reviewed as part of the final design to determine its feasibility as well as reduce the amount of impervious area proposed on the site Runoff reduction practices will be provided for the increase of impervious area. Dry wells provide both water quality and runoff reduction capabilities by infiltrating the runoff through the existing soils. The bottom of the dry wells will be separated by at least 3 feet vertically from seasonally high water table or bedrock layer based on the geotechnical testing Infiltration testing will be performed to determine the site soil infiltration rate, since pretreatment for infiltration practices is sized based upon the site soil information rate Stormwater runoff from the proposed development will be collected and conveyed to the proposed stormwater management facilities. Any increases in the post-development peak discharge rates will be managed through the onsite stormwater management facilities to mimic the pre-development conditions. Detailed design calculations will be provided as part of the final stormwater management strategy 7 CONCLUSION The final stormwater management strategy will manage any increases in the post-development peak discharge rates through the onsite stormwater management facilities (i.e. infiltrating drywells). The final stormwater management strategy will identify and detail all the erosion control, sediment control, pollution prevention, and stormwater management for the project The final stormwater management strategy will be designed in accordance with the requirements of the Town of Southold and the NYSDEC SPDES Phase II technical standards. Should you have any questions please feel free to contact me at 914-323-7411 or mfinan@lanqan com or Christina Zolezi at 914-323-7411 or czolezi@langan com M F.cz Wangan com\data\WPWAdata9\190060901\Project Data\_Discipline\Site Civ{NReports\2021-02-19 Drainage Memo\2021-02-19 Suffolk County 11 Preliminary Drainage Memo docx LANGAN Technical 1 eChrolC�� Preliminary Site Drainage Memo Suffolk County Energy Storage II, LLC Memorandum Main Road,Town of Southold,Suffolk County, NY Langan Project No 190060901 February 19,2021 Figures t3% Wilk 4 i N W E e f ABX �? 1 JOIN R 'v " e st a , WWI! Y F' 1 s i - APPROXIMATE SITE LOCATION _ a-- - 4 er t f � t Y s s 3 se- ` t x . e � e 1 x t � • Legend '4 5V 0 75 150 Q Site Boundary ' Feet Source.Esri,Mazar,Geostar Eye,EarthGeographies,CNES/Airbus DS,USDA,USGS,AeroGRID,IGN,and the GIS User Community,Source:Est,HERE,Gamin,FAO,NOAH,USGS,®OpenStreethl contributors,and the GIS User Community. Source Esn,DigitalGlobe,GilEarthstar Geographica,CNES(Airbus DS,USDA.USGS,AeroGRID,IGN,and the GIS User Community L A NGA N Project Drawing Title Project No. Figure SUFFOLK COUNTY 190060901 1 North Broadway Suite 910 Date Write Plaid NY 10801 ENERGY STORAGE SITE LOCATION Scale 2/17/2021 7:914.323.7400 F:914.3237401 www.langancom II, LLC Langan Engineering&Environmental Services,Inc. 11 A A 1:150 Langan Engineering,Emironmental,Surveying,Landecs MAP Architecture and Geology,D.P.C. Drawn By ce Ill Langan International TOWN OF SOUTHOLD Site Analyzer Collectively known as Langan Submission Date o SUFFOLK COUNTY NEW YORK 02/17/2021 e Disclaimer.This information is produced by an automated system and may not be complete.The absence of a feature is not a confirmation that the feature is not present at the subject location.Information produced is in the public domain and unless noted has not been field verified or provided for any specific usehers are also mutloned to confirm the information shown is suitable for their intended use. Spatial Reference:NAD 1983 StatePlane New York Long island FIPS 3104 Feet Warning:It is a violation of the NYS Education Law Arbcle 145 for any person,unless acting under the direction of a licensed professional engineer,land surveyor or geologist,to alter this item In any way. 4 N S ft ►. 4, 24w e Bk AR •F MINIMAL FL®O,D.HAZARD .. L . v �. -, a APPROXIMATE. , .- iSITE LOCATIO�� i it Ak- 9 E Y n? �i aR ._ a T Legend HAZARD Lvi;e X Q Site Boundary 1%Annual Chance Flood 0.2%Annual Chance Flood Hazard Hazard — Cross-Sections 0%j Regulatory Floodway Future Conditions 1%Annual — Limit of Moderate Wave Action Chance Flood Hazard 00 Special Floodway Other Boundaries Area with Reduced Risk Due to Area of Undetermined Flood Levee Limit Lines Hazard 0 75 150 SFHA/Flood Zone Boundary Feet Source Esn,Mwar,Gc1Eve.Earhsta.�eograpr,c CNES a b "1S.;SCA'_S3S Ae GR L G�aria e�,IS User PC munity'EMA.%EMA R skMap CDS L A NGA N Prgect Drawing Title Project No Figure 190060901 1 North Broadway Suite 910 SUFFOLK COUNTY Date White Plains,NY 10601 ENERGY STORAGE EFFECTIVE FEMA Sca'2/1712021 2 T 914 323 7400 F3.7 .914 32401 www.langan com Langan Engineering&Environmental Services,Inc. I I, LLC FIRM 1:150 Langan Engineering,Environmental,Surveying,Landscapem Architecture and Geology,D.PC. Drawn By cac Langan International TOWN OF SOUTHOLD Site Analyzer Collectively known as Langan Submission Date o SUFFOLK COUNTY NEW YORK 02/17/2021 Q Disclaimer This info mabon is produced by an automated system and may not be compete The absence of a feature is not a confirmation Mat the feature is not present at the subject location.Information produced is In Me public domain and unless noted has not been field verified of provided for any specific use Users are also cautioned to confirm misinformation shown is au tabIs for their intended use. Spatial Reference:NAD 1983 Statefhane New York Long Island RIPS 3104 Feet Warning'.Itis a violation of the NYS Education Law Article 145 for any person,unless acting under Me dlrecson of a licensed professional engineer,land surveyor or geologist,to alter this item in any way. ILYO�C� w, rE 4 y< , a v { it SITE a x l -T a of - r= 101, Yo- 1 3 4 ��Y a « s } ti S WARNING:IT IS A VIOLATION OF THE NYS 2�� �� 2�0 t EDUCATION LAW ARTICLE 145 FOR ANY PERSON,UNLESS HE IS ACTING UNDER THE DIRECTION OF A LICENSED PROFESSIONAL ENGINEER,LAND SURVEYOR OR GEOLOGIST, 1 TO ALTER THIS ITEM IN ANY WAY. SCALE IN FEET ani e L A NSA N Project Drawing Title Protect N0. Drawing No. �IT/ 190060901 Langan Engineering,Environmental,Surveying, SUFFOLK COUNTY� Date Landscape Architecture and Geology D.P.C. ENERGY STORAGE II,LLC FEBRUARY 19, 2021 One North Broadway,Suile 910 SOIL MAP Drawn By 3 $ White Plains,NY 10601 CZ S TOWN OF SOUTHOLD Checked 9y R T:914.323.7400 F:914.323.7401 www.langan.com SUFFOLK COUNTY NEW YORK MF Sheet 1 of 1 41 Filename.Wang-mmldamWVPWdata9\1900609011Pmpct Data1CAD1011SheetFllesiRgumsTim,nage Memo1FG03-190060901-CS 101-0101.d g Dab:2/152021 Time:14:30 Ueer,amber Style Table.Lavgan stb Layout Fig 3 Soils 1 2 13 4 15 6 7 8 MA/N. R 25 ROAD MAIN ROAD ) R2s� 143.07• NOTES A _ 1 BOUNDARY AND TOPOGRAPHIC INFORMATION OBTAINED J e7 > z B2 ��"!- — _ ___ _ _ _ FROM A SURVEY ENTITLED "EXISTING CONDITIONS PLAN, Ba � GREENPORT, NY — SCTM#1000-45-05-01" BY LAND / DESIGN ASSOCIATES ENGINEERING, SURVEYING & LANDSCAPE ARCHITECTURE DPC, DATED 22 OCTOBER 2019 III 2 ALL BORING LOCATIONS ARE APPROXIMATE Y f I r 3 ELEVATIONS REFERENCE AN UNKNOWN DATUM I 4 PROPOSED SITE INFORMATION OBTAINED FROM A PLAN LB-04 t _ I ENTITLED "SUFFOLK COUNTY STORAGE II — 69 W BY k' —, "'�./ � �/�`I PROJECT SUBSTATION SAVION ENERGY DATED 20 AUGUST 2020 B I it LB-01` f i I �°�.I i _ /I 5 BORINGS LB-01 THROUGH LB-04 WERE DRILLED BY BATTERY STORAGE AQUIFER DRILLING AND TESTING INC (ADT) ON 31 CONTAINER (TYP) AUGUST 2020 UNDER THE FULL—TIME OBSERVATION OF FI A LANGAN FIELD ENGINEER. LEGEND II II BY, 1 I I I LANGAN BORING LOC CATION I / PROPERTY ———— /S5) i i T +.` •t"'—' � � � LINE W II II}( SUBSTATION/ LB ----, / fI SWITCHGEAR ( LB-02 r� ..�_/'' INVERTER (TYP) I SWITCHGEARINVERTER ------------ 'J j1)11 ACCESS ROAD 'l D BATTERY STORAGE CONTAINER VIC iti � I — — — — 300.00' — S41'04'10"W/ 2 E WARNING:IT IS A VIOLATION OF THE NYS LA AlGA/V Prolaot DraMng Me fa l Be gore No EDUCATION LAW ARTICLE 145 FOR ANY PERSON, 40 0 10 25 40 SUFFOLK COUNTY �t•9DD60901 UNLESS HE IS ACTING UNDER THE DIRECTION OF A �iaiaemp�e�arNwcwmeid em Joey oc ENERGY STORAGE II,LLC BORING AUGUST 28,2020 A LICENSED PROFESSIONAL ENGINEER,TO ALTER THIS 1 temraam.ay swaelo Brmm ey `* ITEM IN ANY WAY SCALE 1 INCH = 40 FEET 1AB '�10601 Toren of 30UTNOLB LOCATION PLAN ms s areal By T BN3ZI/IW F BIISf 1/01 we�pamm� SUITgK COUNTY NEWYORK ACB %,t 1 of 1 Filename 1Vangan comNalaIWPVJ�W1a011900609011P1o�ect Dab`CAU101LS�eetFleslGeotecVinca11100000901 BL101-0101 dw Date 101L2020 Time 12 47 Use,—Style Ta W,Ing sib L pot ANSI&BL a Technical Preliminary Site Drainage Memo Suffolk County Energy Storage Il, LLC Memorandum 69430 Main Road,Town of Southold,Suffolk County, NY 6.i Langan Project No 190060901 February 19,2021 Appendix A Boring Logs LANGAN -1 LV 5 6� LANGAN Log of Boring LB-01 Sheet 1 of 1 Project Project No Suffolk County Energy Storage II 190060901 Location Elevation and Datum 69430 Main Rd 10 Drilling Company Date Started Date Finished Aquifer Drilling&Testing 8/31/20 8/31/20 Drilling Equipment Completion Depth Rock Depth Geoprobe 7822 DT 12 ft N/E Size and Type of Bit Number of Samples Disturbed Undisturbed [2iHR:::: ore 2-7/8in Tncone Roller Bit 5 N/A N/A Depth Casing Diameter(in) Casing (ft) Water Level(ft) First Completion 4in L7 6 1 Casing Hammer Weight(lbs) Drop(in) Drilling Foreman Z Sampler Dan Mendoza a 2-inch-diameter spilt spoon, Field Engineer 3 Sampler Hammer Automatic Weight(lbs) 1401bs Dro (inches Eamonn Coleman m 0 Sam le Data �m Elev Depth Remarks o a� (ft) Sample Description Scale E r c „� (Blows/ft) (Dnlling Fluid,Depth of Casing, N +10 0 z' r "n.e m Fluid Loss,Dnlling Resistance,etc) 10 zo ao ao +s s Brown silty fine-medium SAND,trace fine gravel,trace brick 0 s_1 a 5 ( j at Oft (dry)[TOPSOIL] i Srown inSme wm races, , race inegrave, race 1 18 n brick 11 o (dry)[FILL] :S-1B 15 i +7 s brick Brown fine-medium SAND,trace silt,trace fine gravel,trace 2 -S-2A 12 S-2 at 2ft (dry)[FILL] 3 Cn 10 !24 Light brown SILT,some fine sand 14 I +60—(dry) S-2B 15 LU Orangish brown silty fine-medium SAND 4 10 S-3 at 4ft (dry) 13 i wN: 5 r 24 z ' 11 I 14 S S-4 at Eft :•;:.:..::•, Orangish brown silty fine-medium SAND,trace fine gravel - 6 1s (wet) 13 ' 7 `O 33 20 J p z 8 22 Drill to 10 feet U. LU o 10 I Lu,.•,•,:••. Orangish brown silty fine-medium SAND,trace fine gravel 25 S-5 at 10ft �= (wet) 12 K 11 3 s N v 22' 1 5 10 Cn 2° 16 Reddish brown CLAY,some silt,trace gravel (moist)[TILL] 12 s sB Boring backfilled with soil ao cm o ring a cuttings,sand and bentonite 13 i chips to surface grade U � w O i a 14 o rn i 0 0 15 ' o m i a 16 I i 0 17 i � l , l I I ° 18 0 0 19 U z 20 � I LANGAN Log of Boring LB-02 Sheet 1 of 2 Project Project No Suffolk County Energy Storage II 190060901 Location Elevation and Datum 69430 Main Rd 10 Drilling Company Date Started Date Finished Aquifer Drilling&Testing 8/31/20 8/31/20 Drilling Equipment Completion Depth Rock Depth Geoprobe 7822 DT 27 ft N/E Size and Type of Bit les Disturbed Undisturbed Core 2-7/8in Trlcone Roller Bit Number of Sampg N/A N/A Casing Diameter(in) Casing=Depth Water Level(ft) First Completion 24 HR 41n 57 8 1 Casing Hammer Weight(lbs) Drop(in) Drilling Foreman Sampler 2-inch-diameters lits Dan Mendoza a P Pcen� Field Engineer 3 Sampler Hammer Automatic Weight(lbs) 140lbs ID ro%nches Eamonn Coleman Sample Data o m Elev Depth ki Remarks 0 (ft) Sample Description Scale E a $c m m (BlowsRt) (Dnlling Fluid,Depth of Casing, m Z' +10 0 z' `� '2 m Fluid Loss,Drilling Resistance,etc) 0 20 30 40 ��'^` Oranglsh brown sandy SILT,trace roots 0 1 at t EL• +95 (dry)[TOPSOIL] SAA Zoo 2 i 0 Oranglsh brown to gray clayey SILT,trace roots,mottled (dry) 3 :S-1B 7 o Oranglsh brown to gray clayey SILT,trace fine sand,trace 2 3 S-2 at 2ft roots,mottled I N S-2A •:.•.: +7 0 (moist) 3 8 v °' 22 ^,, Oranglsh brown fine-coarse SAND,trace silt,trace fine gravel 14 o Drive cash to Oft ' ''i +6 0 (moist) -S-2B 15 1 1 9 W Reddish brown silty SAND,trace fine gravel 4 10 S-3 at 4ft D (moist)[TILL] 11 ~ 5 rn (D N 2� 13 Z ui 13 ' Reddish brown silty fine-medium SAND,trace clay 6 14 I S-4 at Eft (moist)[TILL] 17 • 7 vi N 12 �9 0 24 Drive casing to 8ft Reddish brown CLAY,some silt,trace fine sand - 8 5 ( S-5 at 8ft (wet)[TILL] Z 9 (b ai N 10 1�7 U 13 ° Reddish brown CLAY,some silt,trace fine sand 10 18 S-6 at loft `% (wet)[TILL] 15 w I 1 Z 11 co � N EL 26 0 co a 28 12 Drill to 15ft,easy drilling U 13 W 0 o_ 14 I I o rn o Reddish brown CLAY,trace silt 15 5 1 S-7 at 15ft (wet)[TILL] r � a 16 co U) 04 9 18 3 17 12 a a � I 18 I o i1 0 19 1 Drill to 20ft,easy drilling 5 II 20 LANGAN Log of Boring LB-02 Sheet 2 of 2 Project Project No Suffolk County Energy Storage II 190060901 Location Elevation and Datum 69430 Main Rd 10 Sam le Data EO Elev Depth d N-Value Remarks g Hscale insFaResistance, Casing,Description Fluid Loss, etc) -100 za. m0 20 30 40 Reddish brown CLAY,trace silt 20 t 20ft (wet)[TILL] s 1 a i 21 N 10 1It7 22 14 I ' z I ) z 23 5 24 I Drill to 25 feet,easy drilling 0 d I Reddish brown CLAY,trace silt 25 6 I S-9 at 25ft EL (wet)[TILL] 10 a26 � N 12 .aa n o 17 N 27 Bottom of boring at 27ft Boring backfilled with soil m cuttings,sand and bentonite 28 ( I chips to surface grade R n 29 0 I a i W 30 z W i 31 j ii i ) 32 I 0 z 33 j a i z 34 z Ui 0 35 j W i 36 a I U I V) i 37 v 38 W 39 a � 0 I rn 40 m I a 41 p 3 42 0 � 43 a 44 z05 L li ! 45 LANGAN Log of Boring LB-03 Sheet 1 of 1 Project Project No Suffolk County Energy Storage II 190060901 Location Elevation and Datum 69430 Main Rd 11 Drilling Company Date Started Date Finished Aquifer Drilling&Testing 8/31/20 8/31/20 Drilling Equipment Completion Depth Rock Depth Geoprobe 7822 DT 17 ft N/E Size and Type of Bit les Disturbed Undisturbed Core 2-7/8in Tricone Roller Bit Number of Samp7 N/A N/A Casing Diameter(in) Casing Depth(ft) Water Level(ft) First Completion 24 HR 41n Q 15 1 Casing Hammer Weight(lbs) Drop(in) Drilling Foreman Sampler Dan Mendoza a 2-Inch-diameter split spoon, Field Engineer 3 Sampler Hammer Automatic Weight(lbs) 140lbs Drop(inches Taylor Sistl m Sample Data o IX. Elev Sample Description Depth a o , h N-Value Remarks �> (ft) P P Scale E , S c y (Blowstft) (Dolling Fluid,Depth of Casing, mFluid Loss,Drilling Resistance,etc) m +110 z a io zo so as '— +to s Dark brown silty fine-medium SAND,trace roots 0 S-1 ! atOft (dry)[TOPSOIL] Orangish brown to gray SILT,some f-m sand,trace clay, 1 � N 3 ! mottled I , (dry) S 1 B 7 N Orangish brown to gray SILT,some f-m sand,trace clay, 2 8 S-2 at 2ft ry mottled (dry) 3 S 2 n ro 15 I 33, i +75 18 a Oran ish brown to brown fine medium SAND,some silt,trace 23 Drive cash to 4ft,drill to 4ft ; : clay,trace fine gravel 4 ! S-3 at Oft a •: c +64 (dry) S-1 Orangish brown to brown fine-coarse SAND,some silt,trace �, w ! z clay,trace fine gravel 5 N W g (mOISt) S-3B 20 j brown silty CLAY,some -c sari 6 (moist)[TILL] 1314 S-4 at Eft Brown silty CLAY,some f-c sand,trace fine gravel 16 (moist)[TILL] 7 N N 48 0 32 0 37 i Drive casing to 8ft,drill to 8ft z Brown clayey SILT,trace fine sand 8 11 I S-5 at 8ft S (moist)[TILL] Ug z 9 U) 10 9 1 Q 14 Brown clayey SILT,trace fine sand 10 S-6 i S-6 at 1 Oft W (moist)[TILL] z Brown silty fine-medium SAND,trace clay 11 U) a (moist)[TILL] 16 S 6B 31 si 12 a 32 Q I 13 ! w ! g14 I Drill to 15ft,easy drilling o I i o Brown fine-medium SAND,some silt - 15 10 S-7 at 15ft (wet)[TILL] 14 a 16 fn � N 13 3 13 -60 Bottom of boring at 17ft 17 Boring backfilled with soil cuttings,sand and bentonite 18 i chips to surface grade 0 o 19 z 51 1 1 r 20 LANGAN Log of Boring LB-04 Sheet 1 of 2 Project Project No Suffolk County Energy Storage II 190060901 Location Elevation and Datum 69430 Main Rd 10 Drilling Company Date Started Date Finished Aquifer Drilling&Testing 8/31/20 8/31/20 Drilling Equipment Completion Depth Rock Depth Geoprobe 7822 DT 22 ft N/E Size and Type of Bit Disturbed Undisturbed Core 2-7/8in Trlcone Roller Bit Number of Samples 8 N/A N/A Casing Diameter(in) Casing Depth(ft) Water Level(ft) First Completion 24 HR 31n Q 6 1 Casing Hammer Weight(Ibs) Drop(in) Drilling Foreman Sampler Dan Mendoza Z' 2-Inch-diameter split spoon, Field Engineer U Sampler Hammer Weight(Ibs) Drop((in) Automatic 140lbs il7lnches Taylor Sisti & Sample Data �m Elev Depth d > c N-Value Remarks (ft) Sample Description Scale E r e= H (Blows/t) (Dolling Fluid,Depth of Casing, <�+ P °1='d^� Fluid Loss,Drilling Resistance,etc) +100 z 0-`m 10 20 30 40 +99 Dark brown silty fine-medium SAND,trace roots 0 2Zoo a (dry)[TOPSOIL] 2 j l o :rt<eaciisn Drown silty Tine-meclium SAND,trace roots 1CDr` ' ti,• (dry) 3 j • s-1B I �o •••'• •'• +80 3 N Reddish brown silty CLAY,some f-m sand 2 2 ( ; S-2 at 2ft (moist)[TILL] S-2A 2 j Reddish brown to gray silty CLAY,some f-m sand,mottled 3 CD 2 (moist)[TILL] S-213 3 Drive casing to 4ft,drill 4ft n Reddish brown to gray silty CLAY,some f-m sand,mottled 4 3 i S-3 at 4ft a (moist)[TILL] r 5 S-g LID u)N 5 12i ' U-1 Reddish brown to gray clayey fine SAND,some silt,mottled S-313 8 o (moist)[TILL] - 6 B S-4 at Eft o Reddish gray fine-medium SAND,some silt,trace clay (wet)[TILL] 9 7 a) O '[9 N N 10 I ° 12 Drive casing to 8ft,drill to 8ft Reddish gray fine-medium SAND,some silt 8 12 ( ! S-5 at 8ft Zoo U (wet)[TILL] 18 9 S-5 vi N 3 i = Reddish brown fine-coarse SAND,some silt,trace clay,trace 18 W fine gravel -S-5E3 10 U (wet)[TILL] 10 6 i ( S-6 at 1Oft LU Reddish brown fine-coarse SAND,some silt,trace clay,trace z fine gravel 11 S� N B 123 a (wet)[TILL] 15 co Reddish brown silty CLAY,some f-m sand S-6B 22 ❑ (wet)[TILL] 12 • i 0 13 A U u O a 14 Drive to 14ft,drill to 14ft,easy o drilling o Reddish brown silty CLAY,some f-m sand 15 4 I S-7 at 15ft (wet)[TILL] 5 i 1 i C 16 a 64 9 3 17 a 18 j Drive casing to 18ft,drill to 0 18ft,easy drilling 19 Z g 20 LANGAN Log of Boring LB-04 Sheet 2 of 2 Project Project No Suffolk County Energy Storage II 190060901 Location Elevation and Datum 69430 Main Rd 10 Sam le Data rim Elev Depth d s y N-Value Remarks <> (ft) Sample Description Scale E > u (Blowstft) (Dnlling Fluid,Depth of Casing, �N � �"a B m Fluid Loss,Dnlling Resistance,etc) -100 Z 10 20 30 40 Reddish brown silty CLAY,trace f-m sand 20 4 1 - at 20ft (wet)[TILL] 5 14 21 v) (nN g 1 -12 0 22 B l l Bottom of boring at 22ft Boring backfilled with Boll a !� cuttings,sand and bentonite z 23 i chips to surface grade 5 , J 24 0 O a 25 I 0 26 v a 0 27 N N W 28 'a w 29 N I w 30 z 'Li 31 0 m l m 32 o , z 33 c? a z 34 U LU 0 35 LU c� `w z 36 J EL I U U of 37 F 38 U W I ° 39 g a m l 0 40 o � rn F 41 42 a 43 p I I z 44 a z z 5 45 I /`V RECEIVED r1`((,.3 s LIAR 2 6 2021 Zoning Board Of Appeals EXHIBIT D March 2, 2021 Steven E. Losquadro, Esq. Letter STEVEN E. LOSQUADR.O ATTORNEY A'1'LAW -� 649 ROUTE 25A SUITE 4 ROCSY POINT,NEW YORK 11778 (631) 744-9070 PAX(631) 744-9421 W WW.LO6QUADROLAWFIRVL.COBm • ae BY ELECTRONIC MAIL March 2,2021 Leslie K.Weisman,Chairperson Town of Southold Zoning Board of Appeals 54375 State Route 25 Southold,NY 11971-0959 Re: Suffolk County Energy Storage II,LLC Application for Special Exception#463SE Responses to March 1,2021 Town Planning Board Memorandum Dear Ms.Weisman: I write in furtherance of the Memorandum to the ZBA prepared on behalf of the Planning Board that is dated March 1, 2021 and submitted just prior to the upcoming continuation of the Applicant's Public Hearing on March 4,2021. [respectfully provide the following detailed rebuttals to the Memorandum for the review of the ZBA,and for inclusion in the Public Hearing Record. My responses, which reference the comments offered in the March 1, 2021 Memorandum, are as follows: ■ The Planning Board performed a site inspection of the property on February 25,2021 and does not supportthe proiect at this location forthe following reasons: 1.The Project proposes to increase lot coverage to 47.93 percent from 7.48 percent (it is unclear if the wetlands were assessed in lot coverage). The maximum permitted lot coverage in the LI Zoning District is 30 percent. A variance of lot coverage would set a precedent for the Light Industrial Zoning District if not specifically related to this type of use. To not support the Project based upon a Lot Coverage issue that may not, in fact, ultimately exist is premature. As the Applicant,from the very outset, has consistently emphasized to the ZBA,the Conceptual Site Plan provided as part of the subject Special Exception Application, is precisely that, Conceptual. Indeed, PSEGLI's 2021 solicitation and LIPA's specific Suffolk County Energy Storage II, LLC Award, that will determine the Project's ultimate configuration, Site Plan and thus, required Lot Coverage, may very well result in this being non-issue and/or result in no need for a Variance. Chairperson Leslie Weisman March 2,2021 Page Two 2.The Project is located within the Light Industrial Zoning District and §280-64 Front Yard Setbacks of the Southold Town Code requires that structures be set back at least 100'from a Right-of-Way. A 25' Front Yard setback from the Right-of-Way (NYS Route 25)is proposed. NYS Route 25, is a designated Scenic Byway and the 100' Setback is required to mitigate visual impacts from light industrial uses. A significant variance of the Setback would set a precedent for the Light Industrial Zoning District if not specifically related to this type of use. ■ Attachment A—Main Road/NY 25A Scenic Byway Photographs,attached hereto and made a part hereof,presents a series of recent illustrative photographs taken 1000' east and 1,000' west of the proposed Project Site of existing developed properties along Main Road/NY25A,none of which can be characterized as scenic. ■ The Applicant's review of Appendix B--Town §280 Zoning Code Dimensional Table attached hereto and made a part hereof,indicates that Front Yard Setbacks within the LI Industrial District are actually Variable, not...at least 100'...as cited in the Planning Board's March 11 Memorandum. This is supported by §280-64B, which states that...There shall be an exception [to the 100'from right-of-way] if the adjacent parcels are developed,in which case the minimum Front Yard setback shall be the*average of the setbacks of the adjacent parcels. Subject to a fair and reasonable interpretation of adjacent parcels,the Project's proposed 25' Front Yard Setback is not unreasonable given the existing adjacent parcels development surrounding the proposed Site. 3. The high-quality freshwater wetland system occurs in the rear of the property and ,continues on preserved open space owned by the Suffolk County. A total of 14to 17 structures(depending on cabinet layout)would be located within or partially within 100' of the wetland.A minimum setback to the wetlands per Chapter 275 Wetlands and Shorelines of the Southold Town Code is 100'. The Southold Town Board of Trustees has not made a decision on the proposal. The Applicant respectfully disagrees with the Board's misapplication of Zoning Code Chapter 275-Wetland and Shoreline,noting that: o The sole 100'Wetland Setback requirement cited in the referenced Town Code Chapter 275 -- Wetland and Shoreline, is found in §275D(1)(a)[1], which is expressly limited to "residential property"within the jurisdiction of the Board of Trustees;and STEVEN E. LOSQUADRO °�Ww Chairperson Leslie Weisman March 2,2021 Page Three o The existing residential Land Use is non-conform ing/un permitted within the LI- Light Industrial Zoning District, whereas both the parcel, Zoned LI-Light Industrial and the Project's proposed Public Utility status subject to ZBA Special Exception Approval, are both exempt within Chapter 275 §2751)(1)(a)[1] 100' Wetland Setback requirements. Accordingly,the Project respectfully disagrees that this matter would be subject to Town Board of Trustees decision-making. 4.The parcel floods. The Site inspection confirmed that the parcel seasonally floods due to groundwater conditions and soil characteristics. Many areas of ponding (standing water) were observed during the site inspection and the soils were saturated on the majority of the parcel.The threat of flooding from groundwater,soil conditions,sea level rise and hurricanes is a risk to the structures and facility. The Applicant respectfully disagrees with the Board's representation of the proposed Site's existing hydrology,and offers the following facts: o The current property owner !on DiVello's February 24, 2021 letter testimony submitted to the ZBA that: • He has never experienced any: o Flooding or poor drainage on the property; o Water in the basement of the residence, which would be evidence of high groundwater,and o Problems with the functioning of either of the two (2) on-Site subsurface septic systems'drainage. o Appendix C — February 19, 2021 Preliminary Site Drainage Memo and accompanying August 31, 2020 Subsurface Soils Boring Logs, attached hereto and made a part hereof, independently prepared by Langan Engineering, Environmental, Surveying, Landscape Architecture and Geology, DPC supporting the testimony of Christina M.Zolezi,PE on February 4th that the Project's hydrology investigation has conclusively determined that: • According to FEMA's most current Suffolk County Flood Insurance Rate Map (FIRM), the majority of the Site lies within Zone X-Shaded determined to be outside the 0.2%annual chance floodplain,with the southwest portion of'the Site located within Zone X— Shaded an area of 0.2% annual chance flood thereby establishing the Site as the local area's high ground; • The existing subsurface soil types and underlying Groundwater elevations, combined with an engineered Facility configuration utilizing multiple drywells for stormwater collection drainage will adequately support the Site's proposed development,noting that: STEVEN E. LOSQUADRO '°° _i/ 1\_) Chairperson Leslie Weisman elL*356 March 2,2021 _lam Page Four o The Project must be designed to meet both New York State and Town of Southold stormwater management requirements;and o The final stormwater management strategy will: • Manage any increases in post-development peak discharge rates through the on-Site stormwater management facilities (i.e. Drywells); • Identify and detail all the erosion control, sediment control, pollution prevention, and stormwater management for the Project;and • Be designed in accordance with the requirements of the Town of Southold and the NYSDEC SPDES Phase II Technical Standards. 5. The rear portion of the parcel is located within the Pipes Cove Creek and Moore's Drain Significant Coastal Fish and Wildlife Habitat Area; an area of high ecological significance. Approximately 0.49 acres of the parcel is located within the Pipes Cove Creek and Moore's Drain Significant Coastal Fish and Wildlife Habitat Area (SCFWH), the remainder of the 2.02-acre parcel is outside the referenced Area. Of the 0.49 acres within the SCFWH approximately 0.15 acres is located within the previously cleared lawn area of the parcel and therefore any development within that area should not impact the habitat. The remaining 0.34 acres is within the forested strip that will be maintained with a 10-foot buffer per NYSDEC requirements for an Article 24 Wetland Impact permit authorization. 6. The Proposal is not fully consistent with Objective 6.6-Protect scenic, natural, and cultural resources while planning for the provision of adequate energy for the future which provides analytical guidance when planning for an energy application. The proposed application is analyzed below: The Natural Resources and Environment Chapter of the Southold Town Comprehensive Plan(2020)addresses energy. A) Protect scenic qualities important to the community from public vantage points including New YorkState Route 25 and Suffolk County Route 48 when locating energy generating or transmission facilities. STEVEN E. LOSQUADRO I i Chairperson Leslie Weisman March 2,2021 Page Five The Applicant's awareness and sensitivity to the Main Road/NY25 Scenic Byway referenced by the Planning Board has been represented in the Applicant's pre- filed before-and-after Preliminary Visual Study along Main Road/NY25, which presents the Applicant's Conceptual Project Vegetative Buffer and Fencing screening along Main Road/NY25. The Applicant stands ready to work with the Planning Board at the time of its Land Use Application,which as previously stated would include more definitive Site Landscaping Plans and associated Main Road/NY25A Visual Buffering subject to LIPA's 2021 the subject Project's selection. B) Protect natural resources and environmental qualities when locating energy generating or transmission facilities. Mitigate adverse impacts through: • Burying transmission lines The proposal includes the burying of transmission lines. In full compliance with this requirement,the Applicant therefore presumes this is not among the Planning Board's reasons for"notsuoyortfinal the project at this location". • Supporting innovative designs The facility provides supporting infrastructure for energy storage to address energy needs. In full compliance with this requirement,the Applicant therefore presumes this is not among the Planning Board's reasons for"not support(inglthe proiect at this location". •Requiring significant vegetative buffering The Applicant has indicated that a vegetated buffer will be installed with evergreen trees to screen the Facility from Main Road/NY25. The details of the vegetated buffer (tree height, specifications and spacing) have not been provided. As previously stated,the Applicant stands ready to work with the Planning Board at the time of its Land Use Application, which would include more definitive Site Landscaping Plans and associated Main Road/NY25 Visual Buffering subject to LIPA's 2021 Project's selection. STEVEN E. LOSQUADRO "° Chairperson Leslie Weisman March 2,2021 ✓ 1��C� Page Six • Requiring large setbacks As discussed above,the Project shows a 25' Front Yard Setback from the right of way(NYS Route 25) §280-64 Front Yard Setbacks of the Southold Town Code requires that structures be set back at least 100 feet from the right-of-way. This provision is to mitigate visual impacts from light industrial uses. NYS Route 25 is a designated Scenic Byway. As previously presented herein,the Applicant's review of Appendix B—Town §280 Zoning Code Dimensional Table attached hereto and made a part hereof indicates that Front Yard Setbacks within the LI Industrial District is actually Variable,not...at least 100'...as cited above,supported by: o §280-646, which states that...There shall be an exception [to the 100' from right-of-way]if the adjacent parcels are developed, in which case the minimum Front Yard setback shall be the average of the setbacks of the adjacent parcels. Subject to a fair and reasonable interpretation of adjacent parcels, the Project's proposed 25' Front Yard Setback is not unreasonable given the existing adjacent parcels development surrounding the proposed Site. o The existence of the structure directly across Main Road/NY25A setback just30'from Main Road/NY25A ROW. 1) Discourage facilities from locating in designated environmentally sensitive areas.The parcel is located in a designated environmentally sensitive area. The rear portion of the parcel Is located within the Pipes Cove Creek and Moore's Drain Significant Coastal Fish and Wildlife Habitat Area; an area of high ecological significance. ■ This Town Comprehensive objective conflicts with what's essentially an environmentally benign Project located on an LI Zoned Site within a Town-Zoned LI Light Industrial and LIO Light industrial Paris Zoning District, reflected by the existing compatible existing Land Uses documented in Appendix B and including LIPA's Southold Substation and National Grid's diesel- fueled peak generation plant located <500 from the proposed Site. STEVEN E. EOSQUADRO 2" Chairperson Leslie Weisman �1Q�✓" March 2, 2021 I ` Page Seven 2) Preclude the potential degradation of coastal resources by location and constructing new electric energy generating/equipment/transmission facilities so that they would not adversely affect.- Designated ffect.Designated SCFWHs The parcel is adjacent to the Pipes Cove Creek and Moore's Drain Significant Coastal Fish and Wildlife Habitat Area;,an area of high ecological significance. The Applicant has contacted the New York State Department of Environmental Conservation Natural Heritage Program and threatened habitats and protected species have been identified as potentially occurring adjacent to the parcel. As addressed in the March 1,2021 letter to the ZBA filed by Jason Funk of Savion, while the above-referenced NY Natural Heritage (NYNHP) letter included with the Applicant's pre-filed Application documents identifies potential rare,threatened and/or protected species present on the parcel, the Applicant is also able to confirm the following proactive Project diligence performed to-date on this matter: o The Project commissioned its independent environmental consultant (AKRF, Inc.) to address the identified species of concern. o AKRF,in turn,completed a Project Habitat Assessment and Rare, Threatened, or Endangered (RTE) survey on October 30, 2020 with the results of this Assessment forwarded to NYSDEC requesting concurrence of the Assessment's findings, that the Project does not provide suitable habitat for the species listed in the NYNHP letter and "as such, it is AKRF's understanding that the planned Project will not result in impacts to identified RTE species and/orsuitable habitatfor the species listed in the NYNHP letter response." o NYSDEC is currently reviewing AKRF's request and the Project will be working with NYSDEC to assure that impacts to these species will not occur. ST141VPN E. LOSQUADRO °" "• Chairperson Leslie Weisman March 2,2021 Page Eight • Habitats critical to vulnerablefish and wildlife species,vulnerable plant species, and rare ecological communities. The majority of the parcel is cleared. The proposal would not directly result in additional clearing of habitats. • Wetlands and protected natural features. A 0.10-acre freshwater wetland occurs on the parcel in the east comer. Structures would be located within or partially within 100'of the wetland. Since the build out is intense,the Applicant is proposing a minimum of 10'wide buffer from the wetland boundary. This width is insufficient to provide protection of the wetland from developmental impacts and to mitigate flooding of the property from the expected seasonal expansion of the wetland(flooding). The Applicant respectfully rejects both of these claims: 1. Appendix C—NYSDEC Wetiand Delineation Map attached hereto and made a part hereof,was specifically prepared to protect the mapped on-Site Wetland from future development impacts. 2. As can be seen in the Project Conceptual Site Plan, the closest the Project footprint gets to the Mapped Wetland Area is 25-30'. 3. As stated in the independent Langan Report provided in Appendix C: ■ Stormwater runoff from the proposed development will be collected and discharged to the underlying Groundwater aquifer via the Project's proposed graded swales-to-catch basins stormwater management facilities.Any increases in the post-development peak discharge rates will be managed through this on-Site stormwater management infrastructure, which serve to improve the Site's pre-Facility development existing surface and subsurface hydrogeological conditions. ■ The final stormwater management strategy will manage any increases in the post-development peak discharge rates through the on-Site stormwater management facilities (i.e. infiltrating drywells). The final stormwater management strategy will identify and detail all the erosion control, sediment control, pollution prevention, and stormwater management forthe Project.The final stormwater management strategy will be designed in accordance with the requirements of the Town of Southold and the NYSDEC SPDES Phase 11 technical standards. STEVEN E. LOSQUADRO ®` •` Chairperson Leslie Weisman March 2,2021 Page Nine C) Work with energy providers through the specific area planning process to Identify appropriate coastal locations for major energy generating or transmission facilities. Consider coastal locations where a clear public benefit is established using the following factors. There simply isn't a superior energy storage Project and Site combination within Southold's coastal setting to that being proposed by the Applicant. Located<S00'from LIPA's existing Southold Substation and National Grid's diesel-fueled peak generation plant, the proposed Project is precisely the solution that will benefit public health,safety and welfare and satisfy each of the following Town Planning Board- applied LWRP criteria: • There is a demonstrated need for the facility. It is recognized that there is a need for public utility battery storage facilities to store electricity to meet peak electrical demands and during emergencies in the Town. • The facility will satisfy additional electric capacity needs or electric system needs. Yes,the Facility could provide power to 28,746 homes for up to 8 hours during electric shortages or outages(if grid is operational). The Applicant states that the Facility would serve as a public utility function to enhance reliability of the electricalgrid. • Alternative available methods of power generation and alternative sources of energy cannot reasonably meet the public need. The purpose of the Facility isto store power. Itdoes not generate power. The Applicant's project is an alternative energy source. As stated in the Applicant's pre-filed Project Description, the proposed Project's primary role will be to charge from LIPA's Southold Substation at night and be available to discharge to LIPA's Southold Substation during the North Fork's peak daily and seasonal electric demand times (mornings and afternoons/evenings) and will be capable of providing other electric grid services such as frequency regulation and voltage control,as well as post-storms recovery emergency backup power. • Upgrades of existing facilities cannot reasonably meet the public need. Within the next 19-years (2040)the Town will lose National Grid's Southold peaking plant to the mandate,of NY's 2019 Climate Leadership and Community Protection Act (CLCPA). Replacing that lost peak daily and seasonal North Fork demand will require leadership by LIPA/PSEGLI and the Town's Elected and Appointed Government Officials to replace this lost peak-generation asset with alternative renewable energy generation and energy storage. STEVBN B. LOSQUADl2O m 9° Chairperson Leslie Weisman March 2,2021 Page Ten The proposed strategically located energy storage Project offers both LIPA and the Town an unparalleled existing facilities upgrade opportunity. • Upgrades of existing facilities cannot reasonably meet the public need. Within the next 19-years(2040) the Town will lose National Grid's Southold peaking plant to the mandate of NY's 2019 Climate Leadership and Community Protection Act (CLCPA). Replacing that lost peak daily and seasonal North Fork demand will require leadership by LIPA/PSEGLI and the Town's Elected and Appointed Government Officials to replace this lost peak-generation asset with alternative renewable energy generation and energy storage. The proposed strategically located energy storage Project offers both LIPA and the Town an unparalleled existing facilities upgrade opportunity. -The facility Incorporates feasible public recreational uses. No public recreational uses are proposed. Nor does the proposed Project interfere with any existing public recreational uses. It is important to note here that the Facility would be visible from the Bay to Sound Trail. It is equally important to note that the existing LIPA Southold Substation;National Grid peak generation plant;Drossos'Complex;Main Road/NY25A and the MTA LIRR Greenport Line are also already visible from and on the publicly used Trails. The Proposal does not fully support Objective 6.7 of the Southold Town Comprehensive Plan which states: Ensure maximum efficiency when siting major energy generating facilities. A I Achleve maximum transmission efficiency bysiting major energy generatingfacilities close to load centers. The Facility is proposed to be interconnected to the LIPA 81 Southold Substation located 750'to the northeast. Maximum transmission efficiency would be achieved if the facility were located on LIPA's 8.1 Southold Substation property. As previously stated, as documented by FEMA's current Suffolk County FIRM mapping,the proposed Site represents the local high ground. STEVEN E. LOSQUADPZO "<eDo°' Chairperson Leslie Weisman ✓�v March 2, 2021 Page Eleven The very same Map identifying the proposed Site as located within an Area of Minimum Flood Hazzard, also clearly indicates the Planning Board's proposed LIPA Southold Substation as being located within an Area of Higher Flood Hazzard Incidence. To be able to locate <500' away, on higher ground above FEMA's 500-year storm elevation, is the far better location for the proposed Project. LIPA's Southold Substation elevation doesn't even satisfy LIPA's own current specifications for private sector developed energy resources sites' contracted by LIPA. Furthermore, the cleared areas on the LIPA substation property are already taken up with LIPAs facilities. In order to site this project on that parcel large amounts of clearing would be required and even greater impacts to mapped NYSDEC wetlands would take place. B I Work with energy providers to co-locate, where possible,facilities such as transmission lines,pipelines,substations, and terminals. The co-location of this or similartype facility on PSEG/LIPA owned property is supported. The Applicant respectfully notes that this is not possible: ■ The LIPA Substation Site is zoned LB Light Business and therefore,would require a Town Board Change of Zone to accommodate the proposed Project;and ■ Due to the Applicant's documented Flood Hazard reason provided above. C I Encourage the adoption of designated generation and transmission and facility sites and corridors to protect against incompatible development and to maximize increased capacity. The parcel has not been adopted or designated as a battery energy storage system facility site. Surely the Site could and should be so designated,however,given its unique battery energy storage attributes. STEVEN E. 1,OSQUADEO '°° Chairperson Leslie Weisman March 2, 2021 Page Twelve The Planning Board acknowledges the benefits of the proposed battery energy storage system Facility to the public. However, the location proposed is not supported due to the reasons stated above. Taking into account (i) LIPA's documented preference for a private sector developed battery energy storage facility located on the North Folk interconnecting to its Southold Substation; (ii)the unparalleled proposed Site location,compatible Zoning and compatible existing Land Uses 1,000'east and 1,000'west along Main Road/NY25; (iii) the Planning Board's numerous acknowledged positive attributes and features which favor the Project/Site contained in its February 25, 2021; (ill) the Planning Board's numerous acknowledged positive attributes and features which favor the Project/Site contained in its February 25, 2021 Memorandum; and (iv) the Applicant's compelling rebuttals presented herein, the Applicant respectfully regards the Planning Board's not support the project at this location determination as unsupported for the reasons cited and therefore, far too premature prior to receipt of the Project's Land Use Application and actual Site Plans which would be submitted later this year or in 2022. Thank you for your continued courtesy and attention to this Application,as well as for your consideration of this correspondence. Respectfully, ,4b� Steven Losquadro attachments SrruVEN E. EOSQ'UADRO :'° RECEIVED `71f( 3 Se MAR 2 6 2021 Zoning Board of Appeals EXHIBIT E AKRF Habitat Assessment Report 69430 Main Road/NY25 Greenport, NY KRF Environmental,Planning,and Engineering Consultants 307 Fellowship Road Suite 214 Mt Laurel, NJ 08054 tel 856 797-9930 fax:856 797-9932 www akrf com January 14,2021 Mr.Kevin Jennings New York State Department of Environmental Conservation Division of Fish,Wildlife&Marine Resources Bureau of Habitat,Region 1 SUNY @ Stony Brook 50 Circle Road Stony Brook,NY 11790-3409 kevinjennings@dec.ny.gov ennings@dec.ny.gov Re: New York Natural Heritage Program Response Rare,Threatened,and Endangered Species Survey Summary Suffolk County Energy Storage II Project Hamlet of Greenport West,Town of Southold, Suffolk County,New York Dear Mr.Jennings: Suffolk County Energy Storage II,LLC(SCES II)is pursuing development of a utility-scale battery energy storage system(BESS)to be located on an approximately 2.07-acre site located at 69430 Main Road(NY- 25) within the unincorporated hamlet of Greenport West, Town of Southold, Suffolk County,New York (Project Site). In support of Project development and planning, information from the New York Natural Heritage Program(NYNHP)was requested in order to obtain a listing of State-listed Rare,Threatened,and Endangered(RTE) animals or plants,or significant natural communities known to occur in the vicinity of the Project Site. In a response letter dated August 26, 2020, the NYNHP identified RTE species and significant natural communities that have been documented in the vicinity of the Project Site (see Attachment 1). AKRF, Inc. (AKRF) conducted a Rare, Threatened, and Endangered (RTE) species survey and habitat assessment on October 30,2020 to verify if any of the RTE species listed in the NYNHP letter exist on- Site and to identify whether suitable habitat for the species listed exists on or directly adjacent to the Site. While AKRF and SCES II anticipate a future submittal to the NYSDEC for a permit under Article 24 for impacts to the regulated adjacent area,the purpose of this letter is to seek concurrence from the NYSDEC and demonstrate to the Town the Project will not result in impacts to identified RTE species and/or suitable habitat for the species listed in the NYNHP letter response in support of SCES II's Special Exception Permitted Use Application submittal to the Town Zoning Board of Appeals which requires review under the State Environmental Quality Review Act(SEQRA). Site Description The Project Site is an approximately 2.07-acre property that is generally comprised of a maintained lawn area and a residential, single-family home. The Project Site also has associated structures including a farmhouse,barn,shed,poultry pen,a water well and cesspools. The Project Site is bounded by Main Road Offices in New York•New Jersey•Pennsylvania o Maryland•Connecticut Mr.Kevin Jennings 2 January 14,2021 (NY-25) and commercial establishments to the north and west; another residential property immediately adjacent to the northeast; and undeveloped forest and residential parcels to the south. The planned development consists of containerized battery storage enclosures,housing both rack mounted lithium-ion batteries and integrated heating, ventilating and air conditioning (HVAC) systems for interior BESS container climate control;and,accessory electrical equipment including skid-mounted bi-directional AC/DC inverters and generator transformers. The planned development footprint will be limited to the lawn area and upland areas of the Project Site. RTE Survey SummM On October 30,2020,an AKRF ecologist conducted a RTE Survey and Habitat Assessment at the Project Site. This survey is documented in the Field Report included as Attachment 2 to this letter response. The Project Site was reviewed for existing habitat types and dominant vegetation in each habitat area. Based on the observations recorded during the field survey,the Project Site is generally comprised of maintained lawn with ornamental upland trees including Common pear(Pyrus communis),River birch(Betula nigra), Red spruce(Picea rubens),and Weeping willow(Salix babylonica). A forested wetland area was observed in the northeast corner of the site. This area is dominated by Swamp white oak(Quercus bicolor), Swamp white oak(Quercus bicolor), Black gum(Nyssa sylvatica), English walnut(Juglans regia),Red maple(Acer rubrum),and Norway maple(Acer platanoides)in the tree layer, Wax myrtle (Morella cerifera), Red elderberry (Sambucus racemosa), Southern arrowwood (Viburnum dentatum), California privet (Ligustrum ovalifolium) in the shrub layer, and Common reed (Phragmites australis), Trumpet creeper (Campsis radicans) Canada Goldenrod (Solidago canadensis), and Tussocks sedge(Carex stricta)in the herbaceous layer. Although this area could be potential suitable habitat for the Swamp Cottonwood (Populus heterophylla), White-Edged Sedge (Carex debilis var. debilis), and Marsh Fern Moth (Fagitana littera), no individuals of these protected species were observed during the field survey. While AKRF did not conduct a wetland delineation of this wetland as part of this RTE survey;this forested area is part of a NYSDEC-mapped freshwater wetland (SO-35). At the request of the current property owner, in 2018 a wetland delineation was performed by the NYSDEC, Region 1 and in the fall of 2019 AKRF coordinated with the NYSDEC and Land Design Associates (LDA) to confirm the boundaries of the delineated wetland and its regulated adjacent area and prepare a survey. In addition to confirming the final survey,the NYSDEC also confirmed that there would be development restrictions and/or requirements for work conducted within the delineated freshwater wetland and the associated adjacent area. While development within the already cleared 100-foot adjacent area contiguous to the delineation wetland would be allowed upon securing a NYSDEC Permit under the Freshwater Wetlands Act(Article 24),development within the delineated wetland, its existing wooded vegetation line and a 10-foot buffer contiguous to the existing wooded vegetation line will not be authorized,which NYSDEC will require to be maintained and permanently fenced. As SCES II intends to comply with such restrictions, the planned development will not encroach within the existing forested freshwater wetland and therefore, the Project will not result in impacts to potential suitable habitat for protected species. A forested area dominated by the tree species Norway maple (Acer platanoides), Japanese maple (Acer palmatum), American beech (Fagus grand folia), and White fir (Abies concolor) exists in the southwest corner of the Project Site. This upland forest does not provided suitable habitat for the species listed in the NYNHP response letter. Suitable habitat for some of the species listed by NYNHP includes beaches,dunes,coastal/intertidal or salt or brackish marsh areas, coastal plains, or unforested wetlands such as coastal bogs, shrub swamps, or marshes;however,these habitats were not observed on the Project Site during the field survey. Prior Wetland Delineation AKRF did not conduct a wetland delineation of this wetland as part of this RTE survey; however, at the Mr.Kevin Jennings 3 January 14,2021 request of the current property owner,a wetland delineation was performed by the NYSDEC,Region 1 in 2018. In a letter dated August 8,2018,NYSDEC provided a survey of the delineated wetland and identified to the current property owner that there would be development restrictions and/or requirements for work conducted within the delineated freshwater wetland and the associated adjacent area. The letter also states that NYSDEC would allow commercial development within the already cleared 100-foot adjacent area contiguous to the delineated wetland, but such development would require securing a NYSDEC Permit under the Freshwater Wetlands Act(Article 24). In the fall of 2019,AKRF coordinated with the NYSDEC and Land Design Associates (LDA)to confirm the boundaries of the delineated wetland and adjacent area as well as to confirm the applicable development restrictions for development of a BESS at the property. LDA conducted a field survey with the NYSDEC on October 17,2019 and prepared a final survey dated October 22,2019 to reflect: • the confirmed location of the six(6)NYSDEC flags delineating the boundary of the on-Site jurisdictional freshwater wetland; • the 100-foot adjacent area contiguous to the re-established wetland boundary,also regulated by NYSDEC; • the existing wooded vegetation line;and, • a 10-foot buffer contiguous to the existing wooded vegetation line,which NYSDEC will require to be maintained and permanently fenced. In an email dated October 31,2019 to AKRF,Mr.Daniel Lewis of the NYSDEC Region 1 confirmed that the updated LDA survey(dated 10/22/2019)accurately reflected the field survey.A copy of the NYSDEC Region 1 correspondence and final survey is included in Attachment 3. RTE Species Impact Assessment A table summary of the impact assessment for each of the species and habitat types listed in the August 26, 2020 NYNHP response letter is provided as Appendix A of the RTE Survey Field Report. As demonstrated in the tables, the Project Site does not provide suitable habitat for the majority of the species listed by NYNHP. In addition,the Project does not involve impacts to the forested wetland area, and as such,will not result in impacts to potential suitable wetland habitat on-Site. As such, it is AKRF's and SCES II's understanding that the planned Project will not result in impacts to identified RTE species and/or suitable habitat for the species listed in the NYNHP letter response. We trust that this submittal provides the NYSDEC with sufficient documentation to concur that the planned BESS development will not affect the RTE species and natural communities identified in the NYNHP's August 26,2020 response letter. Should the NYSDEC require additional information or clarifications on any aspect of this transmittal or attachments,please feel free to contact Jason Funk of SCES II via email at ifunk@savionenergy.com or by phone at(816)421-9598 or me via email at eweatheryby@akr£com or by phone at(856)359-7633. Thank you for your review of this Project. Sincerely, AKRF,Inc. Elizabeth Weatherby Jacqueline Fusco Technical Director,AKRF,Inc. Technical Director,AKRF,Inc. Mr.Kevin Jennings 4 January 14,2021 cc: Jason Funk, SCES II w/attachments Robert Golden,AKRF,Inc.w/attachments Attachments: Attachment 1 New York Natural Heritage Program August 26,2020 Response Letter Attachment 2 AKRF,Inc.October 30,2020 Rare,Threatened and Endangered Survey Field Report Attachment 3 NYSDEC Region 1 Wetlands Correspondence Attachment 1 New York Natural Heritage Program August 26,2020 Response Letter t NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Division of Fish and Wildlife,New York Natural Heritage Program 625 Broadway,Fifth Floor,Albany,NY 12233-4757 P.(518)402-89351 F.(518)402-8925 w mv.dec ny.gov August 26, 2020 Jason Funk Suffolk County II Energy Storage, LLC 104 Parsons Lane Newtown, PA 18940 Re: Suffolk County II Energy'Storage County: Suffolk Town/City: Southold Dear Mr. Funk: In response to your recent request, we have reviewed the New York Natural Heritage Program database with respect to the above project. Enclosed is a report of rare or state-listed animals and plants, and significant natural communities that our database indicates occur in the vicinity of the project site. For most sites, comprehensive field surveys have not been conducted; the enclosed report only includes records from our database. We cannot provide a definitive statement as to the presence or absence of all rare or state-listed species or significant natural communities. Depending on the nature of the project and the conditions at the project site, further information from on-site surveys or other sources may be required to fully assess impacts on biological resources. The presence of the plants and animals identified in the enclosed report may result in this project requiring additional review or permit conditions. For further guidance, and for information regarding other permits that may be required under state law for regulated areas or activities (e.g., regulated wetlands), please contact the NYS DEC Region 1 Office, Division of Environmental Permits, at dep.r1@dec.ny.gov, (631) 444-0365. Sincerely, Nicholas Conrad Information Resources Coordinator 844 New York Natural Heritage Program NEW YORK I Department of o"� Environmental Conservation t New York Natural Heritage Program 4 Report on State-listed Animals —1 qw�� The following state-listed animals have been documented in the vicinity of the project site. The following list includes animals that are listed by NYS as Endangered, Threatened, or Special Concern; and/or that are federally listed. For information about any permit considerations for the project,contact the NYSDEC Region 1 Office, Division of Environmental Permits,at dep.r1gdec.ny.gov, (631)444-0365. The following species have been documented within 0.4 mile of the project site. COMMONNAME SCIENTIFICNAME NYSTATELISTING FEDERAL LISTING Least Tern Stemula antillarum Threatened 13163 Breeding This report only includes records from the NY Natural Heritage database. If any rare plants or animals are documented during site visits,we request that information on the observations be provided to the New York Natural Heritage Program so that we may update our database. Information about many of the listed animals in New York, including habitat, biology, identification, conservation,and management, are available online in Natural Heritage's Conservation Guides at www.guides.nynhp.org, and from NYSDEC at www.dec.ny.gov/animals/7494.html. 4 8/26/2020 Page 1 of 1 \ 1 � New York Natural Heritage Program °. - Report on Rare Animals, Rare Plants, and Significant Natura�l�Communities ommunities The following rare plants, rare animals, and significant natural communities have been documented in the vicinity of the project site. We recommend that potential impacts of the proposed project on these species or communities be addressed as part of any environmental assessment or review conducted as part of the planning, permitting and approval process, such as reviews conducted under SEQR. Field surveys of the project site may be necessary to determine whether a species currently occurs at the site, particularly for sites that are currently undeveloped and may still contain suitable habitat. Final requirements of the project to avoid, minimize, or mitigate potential impacts are determined by the lead permitting agency or the government body approving the project. The plants in this report are listed as Endangered, Threatened, or Rare by New York State, and are a vulnerable natural resource of conservation concern. The animals in this report, while not listed by New York State as Endangered or Threatened, are rare in New York and are of conservation concern. The natural communities in this report are considered significant from a statewide perspective by the NY Natural Heritage Program. Each community is either an example of a community type that is rare in the state, or a high-quality example of a more common community type. By meeting specific, documented criteria,the NY Natural Heritage Program considers these community occurrences to have high ecological and conservation value. COMMONNAME SCIENTIFICNAME NYSTATELISTING HERITAGE CONSERVA TIONSTA TUS The following species and natural communities have been documented within.1 mile of the project site. Swamp Cottonwood Populus heterophylla Threatened Imperiled in NYS Arshamomaque Wetland, north of project site and northwest of Main Street,2012-06-28 The plants are in a forested wetland Red Maple-Swamp White Oak Swamp Rare Community Type Arshamomaque Wetland, north of project site and northwest of Main Street The community is a mature, mostly intact swamp with less than 1%exotic plants in a post-agricultural,recovering landscape of upland forest, hardwood swamps, freshwater wetlands,and brackish and estuarine communities It is small, but may be large for this vegetation association White-Edged Sedge Carex debilis var. debilis Threatened Imperiled in NYS Arshamomaque Wetland, north of project site and northwest of Main Street,2012-06-26 The plants are in rich, moist woods and a red maple hardwood swamp with numerous streams,wet spots,and trails The area is quite extensive and diverse Coastal Oak-Hickory Forest High Quality Occurrence of Uncommon Community Type Moores Woods, north,northeast,and southeast of the project site.A fairly large, mature, uniquely diverse coastal oak- hickory forest with some evidence of past disturbance but few invasive exotic species.This forest forms the core of a recovering, protected landscape surrounded by development. Annual Saltmarsh Aster Symphyotrichum subulatum Threatened Imperiled in NYS var. subulatum Cia Cia Pond,south of project site,dust north of Pipes Neck Road,2012-09-27.This site consists of a small presumably brackish pond adjacent to two roads A single clump of the rare aster was seen along a small footpath on the southern edge of the pond 8/26/2020 Page 1 of 3 COMMONNAME SCIENTIFICNAME NYSTATELISTING HERITA GE CONSER VA TION STA TUS The following species and natural communities have been documented within.1 mile of the project site.(cont.) Dragonflies and Damselflies Rambur's Forktail Ischnura ramburii Unlisted Imperiled in NYS Needham's Skimmer Libellula needhami Unlisted Vulnerable in NYS Seaside Dragonlet Erythrodiplax berenice Unlisted Imperiled in NYS Cia Cia Pond,south of project site,lust north of Pipes Neck Road,2012-07 Cia Cia Pond pond is shallow with a muddy to mucky substrate, but clear water,with lots of aquatic submerged macrophytes The pond is bordered by sedges emerging along the shore,then a tall row of Phragmrtes with some greenbnar Crabs were observed in the pond,suggesting some brackish content The following species have been documented within.2 mile of the project site. Dragonflies and Damselflies Four-spotted Pennant Brachymesia gravida Unlisted Critically Imperiled in NYS Needham's Skimmer Libellula needhami Unlisted Vulnerable in NYS Sill Pond,east of project site on Road C near railroad,2012-07-11.Sill Pond is a deep pond with a wooded and shrubby border and containing fish and pickerel weed Seaside Agalinis Agahnis maritima var. Threatened Imperiled in NYS mantima Pipes Cove,extending to mouth of Moores Drain southeast of project site and to wetlands south of project site on south side of Pipes Neck Road,2012-09-27 The plants are around the upland edge of a salt marsh The following species have been documented within.3 mile of the project site. Marsh Fern Moth Fagitana littera Unlisted Imperiled in NYS Arshamomaque, northwest of project site,2012-07-12 The moths were captured in a light trap in a shrubby area within a forested wetland and adjacent to a cattail marsh with an open water area Sea Pink Sabatia stellans Threatened Imperiled in NYS Along Moores Drain, northeast of project site,2004-09-15 The plants are in the high salt marsh on the edges of the islands and the perimeter of the marsh under Iva frutescens Bigelow's Glasswort Salicomia bigelowi Threatened Imperiled in NYS Along Moores Drain, northeast of project site,2012-09-27 The plants occur in the salt marsh in scattered areas that have salt panne Annual Saltmarsh Aster Symphyotrichum subulatum Threatened Imperiled in NYS var. subulatum Along Moores Drain,northeast of project site,2004-09-15 The plants are in the high salt marsh 8/26/2020 Page 2 of 3 COMMONNAME SCIENTIFICNAME NYSTATELISTING HERITAGE CONSER VA TIONSTA TUS The following species has been documented within.4 mile of the project site. Seaside Plantain Plantago mantima Threatened Imperiled in NYS juncoides Pipes Cove, southeast of project site, 2012-06-29 The plants are scattered in an area of pebbly substrate on the north side of the beach(adjacent to but dust above the salt marsh),growing where there is little other vegetation This report only includes records from the NY Natural Heritage database. For most sites, comprehensive field surveys have not been conducted,and we cannot provide a definitive statement as to the presence or absence of all rare or state-listed species.Depending on the nature of the project and the conditions at the project site, further information from on-site surveys or other sources may be required to fully assess impacts on biological resources. If any rare plants or animals are documented during site visits,we request that information on the observations be provided to the New York Natural Heritage Program so that we may update our database Information about many of the rare animals and plants in New York, including habitat, biology, identification,conservation,and management,are available online in Natural Heritage's Conservation Guides at www guides nynhp org,from NatureServe Explorer at www natureserve org/explorer, and from USDA's Plants Database at http//plants usda gov/index html(for plants) Information about many of the natural community types in New York, including identification,dominant and characteristic vegetation, distribution, conservation,and management, is available online in Natural Heritage's Conservation Guides at www guides nynhp org For descriptions of all community types,go to www dec ny gov/animals/29384 html for Ecological Communities of New York State 8/26/2020 Page 3 of 3 Attachment 2 AKRF,Inc.October 30,2020 Rare,Threatened and Endangered Survey Field Report Hamlet of Greenport West,Town of Southold,Suffolk County,New York 1 AKRF Project#190221 AKRF Field Report, 10-30-2020 )[Date: 10-30-2020 Weather:Rain Project ranee: Client: Suffolk County Temperature Mange(°F): SCES II Energy Storage Energy Storage II,LLC 38-42 Proj ect Wind)Direction:N Project Location: Hamlet of Greenport,Town of Southold, Suffolk County,NY AKRF Personnel on Site: Jacqueline Fusco Contractors and Consultants on Site: None Visitors: None )Eguipment on Site: None Location of Work Activities Completed:69430 NY-25,Greenport,NY 11944 Figure 1: Location of Work Activity s `AMy . _ / .�i Page 1 of 13 1 LZ r AKRF Project#190221 AKRF Field Report, 10-30-2020 Description of Work Activities Completed: Suffolk County Energy Storage II,LLC(SCES II)is pursuing development of a utility-scale battery energy storage system(BESS)to be located on an approximately 2.07-acre site(Project Site)located at 69430 Main Road(NY-25) within the unincorporated hamlet of Greenport West,Town of Southold,Suffolk County,New York. AKRF conducted a habitat assessment and Rare,Threatened,or Endangered(RTE)survey of the Project Site to document habitat types to verify if the Project Site contains potential suitable habitat for the species listed by the New York Natural Heritage Program(NYNHP)in their correspondence dated August 26,2020 and identified in Table 1.In addition,the NYNHP identified two Significant Natural Communities in the vicinity of the Project Site as documented in Table 2. Table 1. RTESpecies Listed by NYNHP in Vicinity of Project Site Species Listing/Heritage Project-Specific Habitat as documented by NYNHP Conservation Status Least Tern(Sternula antcllarum) State Threatened Breeding(within 0 4 miles of Project Site) Swamp Cottonwood(Populus State Threatened/ Arshamomaque Wetland,north of Project Site and northwest of Main heterophylla) Imperiled in NYS Street,2012-06-28 The plants are in a forested wetland (Documented within 0 1 miles of the Project Site) White-Edged Sedge(Carex debilis State Threatened/ Arshamomaque Wetland,north of Project Site and northwest of Main var debilis) Imperiled in NYS Street,2012-06-26 The plants are in rich,moist woods and a red maple hardwood swamp with numerous streams,wet spots,and trails The area is quite extensive and diverse (Documented within 0 1 miles of the Project Site) Annual Saltmarsh Aster State Threatened/ Cia Cia Pond,south of Project Site,dust north of Pipes Neck Road,2012- (Syniphyoh•ichum subulatum var Imperiled in NYS 09-27 This site consists of a small presumably brackish pond adjacent to subulatum) two roads A single clump of the rare aster was seen along a small footpath on the southern edge of the pond (Documented within 0 1 miles of the Project Site Rambur's Forktail(Ischnura Unlisted/Imperiled in Cia Cia Pond,south of Project Site,,lust north of Pipes Neck Road,2012- ramburn) NYS 07 Cia Cia Pond pond is shallow with a muddy to mucky substrate,but clear water,with lots of aquatic submerged macrophytes The pond is bordered by sedges emerging along the shore,then a tall row of Phragmites with some greenbriar Crabs were observed in the pond,suggesting some brackish content Documented within 0 1 miles of the Project Site) Needham's Skimmer(Libellula Unlisted/Vulnerable Cia Cia Pond,south of Project Site,dust north of Pipes Neck Road,2012- needhami) in NYS 07 Cia Cia Pond pond is shallow with a muddy to mucky substrate,but clear water,with lots of aquatic submerged macrophytes The pond is bordered by sedges emerging along the shore,then a tall row of Phragmites with some greenbriar Crabs were observed in the pond,suggesting some brackish content Documented within 0 1 miles of the Project Site Seaside Dragonlet(Erythrodiplax Unlisted/Imperiled in Cia Cia Pond,south of Project Site,just north of Pipes Neck Road,2012- berenice) NYS 07 Cia Cia Pond pond is shallow with a muddy to mucky substrate,but clear water,with lots of aquatic submerged macrophytes The pond is bordered by sedges emerging along the shore,then a tall row of Phragmites with some greenbriar Crabs were observed in the pond,suggesting some brackish content Documented within 0 1 miles of the Project Site) Four-spotted Pennant Unlisted/Critically Sill Pond,east of Project Site on Road C near railroad,2012-07-11 Sill (Brachymesta gravida) Imperiled in NYS Pond is a deep pond with a wooded and shrubby border and containing fish and pickerel weed Documented within 0 2 miles of the Project Site Needham's Skimmer(Libellula Unlisted/Vulnerable Sill Pond,east of Project Site on Road C near railroad,2012-07-11 Sill needhami) in NYS Pond is a deep pond with a wooded and shrubby border and containing fish and pickerel weed Documented within 0 2 miles of the Project Site) Seaside Agalinis(Agalints State Threatened/ Pipes Cove,extending to mouth of Moores Drain southeast of Project Site maritnna var maritinia) Imperiled in NYS and to wetlands south of Project Site on south side of Pipes Neck Road, 2012-09-27 The plants are around the upland edge of a salt marsh Documented within 0 2 miles of the Project Site Page 2 of 13 B , AKRF Project#190221 AKRF Field Report, 10-30-2020 Table 1. RTESpecies Listed by NYNHP in Vicinity of Project Site Species Listing/Heritage Project-Specific Habitat as documented by NYNHP Conservation Status Marsh Fern Moth(Fagttana Unlisted/Imperiled in Arshamomaque,northwest of Project Site,2012-07-12 The moths were littera) NYS captured in a light trap in a shrubby area within a forested wetland and adjacent to a cattail marsh with an open water area (Documented within 0 3 miles of the Project Site Sea Pink(Sabana stellarts) Threatened/Imperiled Along Moores Drain,northeast of Project Site,2004-09-15 The plants are in NYS in the high salt marsh on the edges of the islands and the perimeter of the marsh under Iva frutescens (Documented within 0 3 miles of the Project Site Bigelow's Glasswort(Sahcornia Threatened/Imperiled Along Moores Drain,northeast of Project Site,2012-09-27 The plants bigelovtt) in NYS occur in the salt marsh in scattered areas that have salt panne (Documented within 0 3 miles of the Project Site Annual Saltmarsh Aster Threatened/Imperiled Along Moores Drain,northeast of Project Site,2004-09-15 The plants are (Symphyotrichum subulatum var in NYS in the high salt marsh (Documented within 0 3 miles of the Project Site) subidatum Seaside Plantain(Plantago Threatened/Imperiled Pipes Cove,southeast of Project Site,2012-06-29 The plants are scattered maritimajuncoides) in NYS in an area of pebbly substrate on the north side of the beach(adjacent to but ,just above the salt marsh),growing where there is little other vegetation Documented within 0 4 miles of the Project Site) Table 2. Si nificant Natural Communities Identified by NYNHP in Vicinity of Project Site Community Listing Project-Specific Habitat as documented by NYNHP Red Maple-Swamp White Oak Rare Community Type Arshamomaque Wetland,north of Project Site and northwest of Main Street Swamp The community is a mature,mostly intact swamp with less than 1%exotic plants in a post-agricultural, recovering landscape of upland forest, hardwood swamps, freshwater wetlands, and brackish and estuarine communities It is small,but may be large for this vegetation association Documented within 0 1 mile of the Project Site) Coastal Oak-Hickory Forest High Quality Moores Woods,north,northeast,and southeast of the Project Site A fairly Occurrence of large, mature, uniquely diverse coastal oak hickory forest with some Uncommon evidence of past disturbance but few invasive exotic species This forest Community Type forms the core of a recovering, protected landscape surrounded by development (Documented within 0 1 mile of the Project Site) As described in the Summary of Field Observations below,the entire 2.07-acre Project Site was visually inspected to obtain a list of vegetative species present on-Site as well as to identify overall habitat types on-Site. In addition, observations regarding the presence of the listed RTE individuals were also recorded. A summary of the observations made during the field review are provided below. Summary of Field Observations Habitat Areas Habitat areas observed on the Project Site consist of mostly maintained lawn with areas of upland forest(southwest corner),and forested wetland(northeast corner).The following tree species were identified during the field investigation(as marked on Figure 2): • Tree 1: River birch(Betula nigra) • Tree 2: Pin oak(Quercus palustris)(2) • Tree 3: Common pear(Pyres communis)(2) • Tree 4: Potential Linden(Tilia)-Dead • Tree 5: Red spruce(Picea rubens) • Tree 6: Common pear(Pyrus communis) Page 3 of 13 KW 1wt') AKRF Project#190221 t' 1 AKRF Field Report, 10-30-2020 • Tree 7: Common pear(Pyrus communis) • Tree 8: Weeping willow(Salix babylonica) • Tree 9: cut down In addition,the following vegetation and associated vegetative cover were observed within the forested areas of the Project Site. As shown on Figure 2,Forested Area 1 is located in the southwest corner of the Project Site and Forested Area 2 is located in the northeastern corner of the Site.The following lists the dominant plant species were identified: Forested Area I Norway maple(Acer platanoides)-tree Japanese maple(Acer palmatum)-tree American beech(Fagus grandifolia)-tree White fir(Abies concolor)-tree Forested Area 2 Wax myrtle(Morella cerifera)-shrub Common reed(Phragmites australis)-herbaceous Swamp white oak(Quercus bicolor)-tree English walnut(Juglans regia)-tree Red elderberry(Sambucus racemosa)-shrub Black gum(Nyssa sylvatica)-tree Red maple(Acer rubrum)-tree Southern arrowwood(Viburnum dentatum)-shrub Norway maple(Acer platanoides)-tree Trumpet creeper(Campsis radicans)-herbaceous Canada Goldenrod(Solidago canadensis)-herbaceous California privet(Ligustrum ovalifolium)-shrub Tussocks sedge(Carex stricta)-herbaceous Forested Area 2 also contained a NYSDEC-mapped freshwater wetland(SO-35). Page 4 of 13 I Z, AKItu AKRF Project#190221 AKRF Field Report, 10-30-2020 Fieure 2: Habitat Areas Recorded As reflected in Table 1,potential suitable habitat for many of the species listed by NYNHP includes beaches,dunes, coastal/intertidal or salt or brackish marsh areas,coastal plains,or unforested wetlands such as coastal bogs,shrub swamps,or marshes;however,these habitats were not observed on the Project Site during the field survey. RTE Species None of the species listed by the NYNHP in the response letter dated August 26,2020 were observed on the Project Site during the RTE field review. The Project Site does not contain breeding habitat for the Least Tern(Sternula antillarum),which is generally described as broad,level expanses of open sandy or gravelly beach,dredge spoil and other open shoreline areas,and more rarely,inland on broad river valley sandbars. The Project Site does not contain the applicable habitat types for the Annual Saltmarsh Aster(Symphyotrichum subulatum var. subulatum),Rambur's Forktail(Ischnura ramburii),Needham's Skimmer(Libellula needhami), Seaside Dragonlet(Erythrodiplaz berenice),Seaside Agalinis(Agalinis maritima var. maritima),Sea Pink(Sabatia stellaris),Bigelow's Glasswort(Salicornia bigelovii),Annual Saltmarsh Aster(Symphyotrichum subulatum var. subulatum),or Annual Saltmarsh Aster(Symphyotrichum subulatum var. subulatum). Forested Area 2(e.g.,the forested wetland area)provides potential habitat for the Swamp Cottonwood(Populus heterophylla),White-Edged Sedge(Carex debilis var. debilis),and Marsh Fern Moth(Fagitana littera). However, no individuals of either species were observed on-Site. AKRF notes that the proposed development has agreed with the NYSDEC to not impact the forested wetland and all development will remain 10 feet from the existing forested wetland. Page 5 of 13 1 � I ZAKIIv AKRF Project#190221 A4' AKRF Field Report, 10-30-2020 Conclusions A table summary of the impact assessment for each of the species and habitat types listed in the August 26,2020 NYNHP response letter is provided as Appendix A. As demonstrated in the tables,the Project Site does not provide suitable habitat for the majority of the species listed by NYNHP. Health and Safety Incidents or Concerns to Report: None Any Citizen or Local Agency Complaints Experienced: None Photoeraph Los! Photograph 1: . 4 Ake R . r#. _.. Photograph 1 Description:View looking southeast across Main Road(NY-25)at the Project Site. Note the open lawn area where the battery storage development is proposed. Page 6 of 13 1 A KR't AKRF Project#190221 AKRF Field Report, 10-30-2020 Photograph 2: x3; a , � x t' d of 1 f Photomi)h 2 Description: View looking south across Main Road(NY-25)at the Project Site. Note the open lawn area where the battery storage development is proposed. Page 7 of 13 ZAKR 10� AKRF Project#190221 AKRF Field Report, 10-30-2020 Photo_ ra h 3: !- i� �§ •� fi `-1 �� � �ted. T Y � #t r 4 < A h y -. .F' +rte�,,. �� �� - �� + ✓t. "moi ..,$ '9 ' _ r a 1 s :f Photograph 3 Description: View looking southeast within Forested Area 2 in the northeast corner of the Project Site,and the NYSDEC-delineated wetland. This wetland will not be impacted by the proposed development. Page 8 of 13 ZAKIi �KRr Project#19u221 AKRF Field Report, 10-30-2020 Photo ra h 4: �V7� � It f • { ,a Ai s 5 • � � —41 e of i� ?F� Photoeraah 4 Descriwion: View looking north within Forested Area 2 in the northeast corner of the Project Site, and the NYSDEC-mapped wetland. This wetland will not be impacted by the proposed development. Page 9 of 13 ZAKR AKKr Project#t 90221 AKRF Field Report, 10-30-2020 Photograph 5: r Photoeraph 5 Description: View looking southwest across the development Project Site. Note that the Project Site is generally comprised of maintained lawn area Page 10 of 13 • ' � �� � �'� 'moi �,« _ •� i .* , R +� � � _ �•. :.� �t"'+' r�.ti7 gip''.. �4'. > S: F W � �� J"A `0. F.t4t_4 k �� � y � • iR xF_4 �� � ,y.. T � �s s, ,ri. s� � �t, ?.; h ..�i { �, _ �l,- --,� =� v ��. 4 Y,. - ��. 1 -.1. N���/�� s*.'.t'�. .1+.' w� �,�: _�- • ZAKItf ' AKRF Project#190221 AKRF Field Report, 10-30-2020 Photh 7: •,wA -t,1'-. 4 4 �4 • ,jti3 " - -.a•,i'�.• mut,, ..1t S Photograph 7 Description: View looking west across the Site at the maintained lawn area where the BESS� development is proposed. Page 12 of 13 LAKR KRF Project#190221 AKRF Field Report, 10-30-2020 Photograph 8: i a yr ryf a '' t 4 '� �`d.t� �,♦^ ?moi �}}.��` �8 c "` Photograph 8 Description: View looking east at Forest Area I (upland)in the southwest corner of the Project Site. Page 13 of 13 i\ KRF AKRF Project#190221 AKRF Field Report, 10-30-2020 Appendix A Rare, Threatened and Endangered Species and Significant Natural Communities Impact Assessment Tables Suffolk County Energy Storage 11 Project Hamlet of Greenport West,Town of Southold,Suffolk County,New York Rare,Threatened and Endangered Species Impact Assessment Table Species Listing/Heritage Project-Specific Habitat as documented General Habitat Description Impact Assessment Conservation by NYNHP1 Status Least Tern(Sterniila State Threatened Breeding(within 0 4 miles of Project Site) The least tem breeds on broad,level Suitable habitat was not observed on-Site antillarum) expanses of open sandy or gravelly beach, dredge spoil and other open shoreline No impact to this species or associated areas,and more rarely,inland on broad habitat is anticipated as a result of the river valley sandbars Project Swamp Cottonwood State Threatened/ Arshamomaque Wetland,north of Project A tree usually forming clonal stands in wet Potential suitable habitat may exist on-Site (Populus heterophylla) Imperiled in NYS Site and northwest of Main Street,2012- pockets of red maple-hardwood swamps within the forested wetland located in the 06-28 The plants are in a forested with some calcareous influences within the northeast corner of the Site No individuals _ wetland (Documented within 0 1 miles of Hudson Valley and red maple-blackgum were observed during the field survey the Project Site) swamps along the swamp It also may be found in swamp white oak wetlands, Development of the Project will not impact shallow emergent marshes adjacent to the NYSDEC-delineated wetland or a 10-ft forested swamps,wet swales,and other protected vegetative buffer The Project will types of hardwood swamps(New York require a NYSDEC Art 24 wetland permit Natural Heritage Program 2004) Swamps, for impacts to the 100-ft adjacent area,but shores and low,wet woods along the the Project will stay 10 feet from the existing coastal plain(Crow and Helquist 2000) forested area within the buffer Therefore, Wet low woods and swamps(Gleason and potential habitat for this species will not be Cronquist 199 1) Swamps,wet hollows impacted as a result of the Project and shores(Voss 1985) Inundated swamps and bottomlands(Fernald 1970) White-Edged Sedge(Carex State Threatened/ Arshamomaque Wetland,north of Project Not available Potential suitable habitat may exist on-Site debilis var debilrs) Imperiled in NYS Site and northwest of Main Street,2012- within the forested wetland located in the 06-26 The plants are in rich,moist woods northeast corner of the Site No individuals and a red maple hardwood swamp with were observed during the field survey numerous streams,wet spots,and trails The area is quite extensive and diverse Development of the Project will not impact (Documented within 0 1 miles of the the NYSDEC-delineated wetland or a 10-ft Project Site) protected vegetative buffer The Project will require a NYSDEC Art 24 wetland permit for impacts to the 100-ft adjacent area,but the Project will stay 10 feet from the existing forested area within the buffer Therefore, potential habitat for this species will not be impacted as a result of the Project Annual Saltmarsh Aster State Threatened/ Cia Cia Pond,south of Project Site,dust In New York,Symphyotrichum Suitable habitat was not observed on-Site (Symphyotrichum Imperiled in NYS north of Pipes Neck Road,2012-09-27 subulatum occurs in coastal areas in salt to subulatum var subulatum) This site consists of a small presumably brackish marshes,along banks of salt No impact to this species or associated brackish pond adjacent to two roads A influenced tidal channels and creeks,shrub habitat is anticipated as a result of the single clump of the rare aster was seen dominated salt influenced habitats,edges Project along a small footpath on the southern of salt ponds,wet brackish swales in maritime dunes,and occasionally in AKRF Field Report 10-30-2020 A-1 November 2020 Suffolk County Energy Storage II Project Hamlet of Greenport West,Town of Southold,Suffolk County,New York Rare,Threatened and Endangered Species Impact Assessment Table Species Listing/Heritage Project-Specific Habitat as documented General Habitat Description Impact Assessment Conservation by NYNHP' Status edge of the pond (Documented within 0 1 disturbed habitats that are salt influenced miles of the Project Site) Salt marshes,brackish marshes,tidal marshes,salted highways,and around salt mines(Brouillet et al 2006) Coastal mostly saline marshes(Gleason and Cronquist 1991) Saline marshes,brackish to fresh tidal marshes,fresh thickets, borders of woods and clearing inland to _ the fall-line Fernald 1970 Rambur's Forktail Unlisted/ Cia Cia Pond,south of Project Site,.just Coastal plain ponds,lakes,marshes,and Suitable habitat was not observed on-Site (lschnura ramburn) Imperiled in NYS north of Pipes Neck Road,2012-07 Cia slow-flowing rivers or streams,often with Cia Pond pond is shallow with a muddy to brackish water No impact to this species or associated mucky substrate,but clear water,with lots habitat is anticipated as a result of the of aquatic submerged macrophytes The Project pond is bordered by sedges emerging along the shore,then a tall row of Phragmites with some greenbriar Crabs were observed in the pond,suggesting some brackish content (Documented within 0 1 miles of the Project Site) Needham's Skimmer Unlisted/ Cia Cia Pond,south of Project Site,.just Coastal species that inhabits ponds,lakes, Suitable habitat was not observed on-Site (Libellula needhami) Vulnerable in NYS north of Pipes Neck Road,2012-07 Cia tidal river areas,and brackish wetlands in Cia Pond pond is shallow with a muddy to New York State No impact to this species or associated mucky substrate,but clear water,with lots habitat is anticipated as a result of the of aquatic submerged macrophytes The Project pond is bordered by sedges emerging along the shore,then a tall row of Phragmites with some greenbriar Crabs were observed in the pond,suggesting some brackish content (Documented within 0 1 miles of the Project Site) Seaside Dragonlet Unlisted/ Cia Cia Pond,south of Project Site,_just This species is associated with coastal Suitable habitat was not observed on-Site (Erylhrodiplax berenice) Imperiled in NYS north of Pipes Neck Road,2012-07 Cia plains along the Atlantic Coast In New Cia Pond pond is shallow with a muddy to York,the distribution of this species is No impact to this species or associated mucky substrate,but clear water,with lots moderately declining,but population size habitat is anticipated as a result of the of aquatic submerged macrophytes The is unknown Less than a dozen populations Project pond is bordered by sedges emerging exist on Long Island,and all are localized along the shore,then a tall row of in coastal areas Phragmites with some greenbriar Crabs were observed in the pond,suggesting some brackish content (Documented within 0 1 miles of the Project Site) AKRF Field Report, 10-30-2020 A-2 November 2020 Suffolk County Energy Storage II Project Hamlet of Greenport West,Town of Southold,Suffolk County,New York Rare,Threatened and Endangered Species Impact Assessment Table Species Listing/Heritage Project-Specific Habitat as documented General Habitat Description Impact Assessment Conservation by NYNHPI Status Four-spotted Pennant Unlisted/ Sill Pond,cast of Project Site on Road C Not available Suitable habitat was not observed on-Site (Brachymelia gravida) Critically near railroad,2012-07-11 Sill Pond is a Imperiled in NYS deep pond with a wooded and shrubby No impact to this species or associated border and containing fish and pickerel habitat is anticipated as a result of the weed (Documented within 0 2 miles of Project the Project Site) Needham's Skimmer Unlisted/ Sill Pond,east of Project Site on Road C Coastal species that inhabits ponds,lakes, Suitable habitat was not observed on-Site (Libellula needhami) Vulnerable in NYS near railroad,2012-07-11 Sill Pond is a tidal river areas,and brackish wetlands in deep pond with a wooded and shrubby New York State No impact to this species or associated border and containing fish and pickerel habitat is anticipated as a result of the weed (Documented within 0 2 miles of Project the Project Site Seaside Agahms(Agahnis State Threatened/ Pipes Cove,extending to mouth of Moores In New York,it has most often been found Suitable habitat was not observed on-Site maritima var.marrtinia) Imperiled in NYS Drain southeast of Project Site and to in sparsely vegetated areas within and wetlands south of Project Site on south around the edges of high salt marsh,and No impact to this species or associated side of Pipes Neck Road,2012-09-27 The occasionally in other tidal zones such as habitat is anticipated as a result of the plants are around the upland edge of a salt low salt marsh or brackish tidal marsh Project marsh (Documented within 0 2 miles of the Project Site Marsh Fern Moth Unlisted/ Arshamomaque,northwest of Project Site, Fagrtana littera is primarily a species of Potential suitable habitat may exist on-Site (Fagitana hitera) Imperiled in NYS 2012-07-12 The moths were captured in a unforested wetlands such as coastal bogs, within the forested wetland located in the light trap in a shrubby area within a shrub swamps,and marshes From northeast comer of the Site No individuals forested wetland and adjacent to a cattail Latham's(1953)account,the main habitat were observed during the field survey marsh with an open water area near Orient,Long Island,was marshland, (Documented within 0 3 miles of the although lie found the larva in a cranberry Development of the Project will not impact Project Site) bog near Riverhead Acid bogs and the NYSDEC-delineated wetland or a 10-ft calcareous fens might be the most likely protected vegetative buffer The Project will places to find this species in New York, require a NYSDEC Art 24 wetland permit based on New Jersey and New England for impacts to the 100-ft adjacent area,but habitats,but it could occupy other types of the Project will stay 10 feet from the existing unforested wetlands forested area within the buffer Therefore, potential habitat for this species will not be impacted as a result of the Project Sea Pink(Sabatia stellarrs) Threatened/ Along Moores Drain,northeast of Project In New York,Sea Pink has been most Suitable habitat was not observed on-Site Imperiled in NYS Site,2004-09-15 The plants are in the often collected from areas of high salt high salt marsh on the edges of the islands marsh It also can be found in wet, No impact to this species or associated and the perimeter of the marsh under Iva brackish habitats such as mterdunal habitat is anticipated as a result of the frutescens (Documented within 0 3 miles swales,brackish meadows,and ponds Project of the Project Site) (New York Natural Heritage 2011) Salt or brackish marshes along the coast(Gleason and Cron uist 1991) AKRF Field Report, 10-30-2020 A-3 November 2020 Suffolk County Energy Storage II Project Hamlet of Greenport West,Town of Southold,Suffolk County,New York Rare,Threatened and Endangered S ecies Impact Assessment Table Species Listing/Heritage Project-Specific Habitat as documented General Habitat Description Impact Assessment Conservation by NYNHP1 Status Bigelow's Glasswort Threatened/ Along Moores Drain,northeast of Project In New York dwarf glasswort is known Suitable habitat was not observed on-Site (Sahcornia bigelova) imperiled in NYS Site,2012-09-27 The plants occur in the only from maritime wetlands,including salt marsh in scattered areas that have salt high salt marsh,salt panne,and salt shrub No impact to this species or associated panne (Documented within 0 3 miles of natural communities(New York Natural habitat is anticipated as a result of the the Project Site) Heritage Program 2011) Middle levels of Project saltmarshes(FNA 2004) Salt marshes (Crow and Hell uist 2000) Annual Saltmarsh Aster Threatened/ Along Moores Drain,northeast of Project In New York,Symphyotrichum Suitable habitat was not observed on-Site (Symphyotrichunr Imperiled in NYS Site,2004-09-15 The plants are in the subulatum occurs in coastal areas in salt to subulatum var subulatum) high salt marsh (Documented within 0 3 brackish marshes,along banks of salt No impact to this species or associated miles of the Project Site) influenced tidal channels and creeks,shrub habitat is anticipated as a result of the dominated salt influenced habitats,edges Project of salt ponds,wet brackish swales in maritime dunes,and occasionally in disturbed habitats that are salt influenced Salt marshes,brackish marshes,tidal marshes,salted highways,and around salt mines(Brouillet et al 2006) Coastal mostly saline marshes(Gleason and Cronquist 1991) Saline marshes,brackish to fresh tidal marshes,fresh thickets, borders of woods and clearing inland to the fall-line(Fernald 1970) r Seaside Plantain(Plantago Threatened/ Pipes Cove,southeast of Project Site, In New York,Seaside plantain has been Suitable habitat was not observed on-Site marrtima juncoides) Imperiled in NYS 2012-06-29 The plants are scattered in an found growing in high salt marshes, area of pebbly substrate on the north side brackish meadows,and on dunes formed No impact to this species or associated of the beach(adjacent to but just above the from dredge spoilings(New York Natural habitat is anticipated as a result of the J salt marsh),growing where there is little Heritage Program 20 10) Saltmarshes, Project other vegetation (Documented within 0 4 coastal beaches and rocks(Haines 1998) miles of the Project Site) Salt marshes,beaches,and coastal rocks (Gleason and Cron uist 1991 'NYNHP Correspondence to J Funk Suffolk County II Energy Storage,LLC dated August 26,2020 AKRF Field Report, 10-30-2020 A-4 November 2020 Suffolk County Energy Storage II Project Hamlet of Greenport West,Town of Southold,Suffolk County,New York Significant Natural Communities Impact Assessment Table Community Listing Project-Specific Habitat as General Habitat Description Impact Assessment documented by NYNHP' Red Maple-Swamp Rare Community Arshamomaque Wetland,north of Project The red maple-swamp white oak swamp is Potential habitat may exist on-Site within the White Oak Swamp Type Site and northwest of Main Street The commonly found on sandy soils that are forested wetland located in the northeast corner community is a mature,mostly intact underlain by a clay layer It is codominated of the Site swamp with less than I%exotic plants in by red maple(Acer rubrum)and oaks,such a post-agricultural,recovering landscape as swamp white oak(Quercus bicolor) Development of the Project will not impact the of upland forest,hardwood swamps, and/or pin oak(Q palustris) NYSDEC-delineated wetland or a 10-ft freshwater wetlands,and brackish and protected vegetative buffer The Project will estuarine communities It is small,but require a NYSDEC Art 24 wetland permit for may be large for this vegetation impacts to the 100-ft adjacent area,but the association (Documented within 0 1 mile Project will stay 10 feet from the existing of the Project Site) forested area within the buffer Therefore,this community type will not be impacted as a result of the Project Coastal Oak-Hickory High Quality Moores Woods,north,northeast,and Coastal oak-hickory forests are hardwood Potential habitat may exist on-Site within the Forest Occurrence of southeast of the Project Site A fairly forest with oaks(Quercus spp)and forested wetland located in the northeast comer Uncommon large,mature,uniquely diverse coastal hickories(Carya spp)codominant that of the Site Community Type oak hickory forest with some evidence of occurs in dry,well-drained,loamy sand of past disturbance but few invasive exotic knolls,upper slopes,or south-facing flops Development of the Project will not impact the species This forest forms the core of a of glacial moraines of the Atlantic coastal NYSDEC-delineated wetland or a 10-ft recovering,protected landscape plain protected vegetative buffer The Project will surrounded by development require a NYSDEC Art 24 wetland permit for (Documented within 0 1 mile of the impacts to the 100-ft adjacent area,but the Project Site) Project will stay 10 feet from the existing forested area within the buffer Therefore,this community type will not be impacted as a result of the Project 'NYNHP Correspondence to J Funk Suffolk County II Energy Storage,LLC dated August 26,2020 �L AKRF Field Report, 10-30-2020 A-5 November 2020 U w AKRF Protect#190221 AKRF Field Report, 10-30-2020 Appendix B Resume JACQUELINE S. FUSCO TECHNICAL DIRECTOR Jacqueline Fusco has 20 years of professional experience in the environmental consulting industry,focusing her services in regulatory compliance and resource identification.She has consistently demonstrated her knowledge and understanding of environmental regulations by seamlessly guiding clients through complex regulatory processes.Her experience includes directing multimedia licensing and permitting efforts for power generation and electric transmission and distribution projects throughout the northeast and mud-Atlantic United States.Ms. Fusco's technical qualifications include environmental and land use regulatory compliance support and permitting, wetland delineation and field investigation,rare,threatened,and endangered species habitat reviews,wetland mitigation design and coordination,remedial and mitigation oversight,due diligence,feasibility,and critical issues analyses,and cost estimation services.Ms.Fusco's background includes extensive service for previous employers to public and private-sector clientele,including independent power producers (IPP) and utility companies, government agencies,and private developers.She currently serves in the capacity of Project Manager within AKRF's Energy Practice,generally responsible for regulatory compliance and environmental licensing and permitting services for the energy sector BACKGROUND Education BS,The George Washington University,Environmental Studies(Minors,Biology and Economics),2000 Training/Certifications OSHA 10 Hour Construction Safety&Health Course OSHA 40 Hour HAZWOPER OSHA 8 Hour Refresher Field Investigation and Sampling Course Hydric Soils Loss Prevention System(LPS)Training Management of Contaminated Soils Methodology for Delineating Wetlands NJDEP Coastal Development Regulatory Review NJDEP Freshwater Wetlands Regulatory Review Vegetation Identification for Wetland Delineation Years of Experience 20 years in the industry 4.5 years with AKRF RELEVANT EXPERIENCE Orange and Rockland Utilities, Inc.,Line 31 Transmission Project, Orange and Rockland Counties,NY (Ecologist/Permitting Specialist:2010) While at another firm,Ms.Fusco assisted with consulting services for the on-going Orange and Rockland Utilities, Inc. (ORU)Transmission Line 31 Transmission Project,which proposed the reconductoring and reconstruction of existing transmission line structures along an existing three-mule transmission line located in the Town of Ramapo iE MAKRF JACQUELINE S. FUSCO TECHNICAL DIRECTOR I p.2 and the Villages of Hillburn and Sloatsburg in Rockland County,New York.Ms.Fusco compiled and submitted an application for an Article 11 Permit to address the potential for incidental"takes"of timber rattlesnakes. New York State Electric and Gas, 2011 Reconductoring Projects, Various Locations, New York (Ecologist/Permitting Specialist:2010) While at another firm, Ms. Fusco completed the wetland delineations for four (4) electric transmission lines planned for reconductoring in 2011 She conducted the delineations of the regulatory boundary of wetlands and waters under Federal jurisdiction along sections of these existing transmission lines in accordance with the Federal Manual and the Northcentral and Northeast Regional Supplement. Rochester Gas and Electric, 218 to Clyde Transmission Projects — Wayne County, New York (Ecologist/Permitting Specialist:2012). While at another firm, Ms. Fusco provided permitting and ecological surveying services for RG&E in support of the planned 218 to Clyde New Transmission Line Project which consisted of the construction of a new 10.4 rile transmission line and the rebuilding of 10.4 miles of existing transmission line, and the Line 708 Rebuild Project, which consisted of the rebuilding of 3.2 mile section of existing transmission line. Both Projects occur in Wayne County, NY. She conducted the field delineations of the regulatory boundaries of wetlands and waters under Federal jurisdiction along sections of these existing transmission lines in accordance with the Federal Manual and the Northcentral and Northeast Regional Supplement.Ms.Fusco also assisted in the preparation of the NYSDEC and USACE permit applications required for the project New York State Electric and Gas,Corning Valley Transmission Project-Steuben County,New York,NY (Licensing Manager:2010) While at another firm,Ms.Fusco supported regulatory compliance services for New York State Electric and Gas' (NYSEG) Corning Valley Transmission Project (CVTP). The CVTP was conducted to increase electric power reliability in NYSEG's electrical service territory in Steuben County,New York and consisted of the development of a new 230-115 kV, substation (i.e.,the "Stoney Ridge Substation") in the Town of Campbell;the development of a new 115-12.5 kV substation (i.e., the "Sullivan Park Substation") in the Town of Erwin; as well as the development of a new 9.6 mule, 115 kV line from the new Stoney Ridge Substation to the existing West Erie Substation, located in the Town of Erwin. Ms. Fusco assisted in the coordination and correspondence with NYSDEC and USACE regulators in an effort to finalize freshwater wetland approvals for the project. She also compiled and submitted an application for a Subdivision Approval to the Town of Campbell Planning Board for the land subdivision required for the development of a new substation required for the utility improvements. enXco LIPA Solar PV Project - Suffolk County, New York. (Regulatory Compliance Specialist: March 2009) While at another firm, Ms. Fusco served as the regulatory compliance and permitting lead for the proposed development of seven solar power generating facilities as part of enXco's LIPA Solar PV Project,which proposed installation and operation of solar photovoltaic (PV) equipment on existing building rooftops and/or newly installed carports within existing parking lot areas at various, commercial, industrial, and institutional sites throughout Suffolk County.The proposed solar PV equipment would be capable of producing up to 20 megawatts (MW) of solar energy for the Long Island Power Authority (LIPA) service area to help meet Long Island's long- term energy needs and LIPA and New York State's renewable energy goals. To start, she conducted a review of available mapping for the sites and eventually performed a wetland delineation to determine the jurisdictional boundary of New York State Department of Environmental Conservation- (NYSDEC) regulated freshwater wetlands and waters on two of the proposed sites.She prepared an application for a Wild,Scenic,and Recreational River (WSRR) Permit to be submitted to NYSDEC for authorization to construct the proposed solar generating facilities within close proximity to the Pecomc River, which is currently designated as a community river in the WSRR system. This application focused on the project's minimization of impacts to natural resources, water quality, and scenic resources along the river corridor. In addition, Ms. Fusco also compiled the draft NYSDEC JACQUELINE S. Fusco I � TECHNICAL DIRECTOR I P 3 Freshwater Wetland Permit application to seek authorization for impacts to the regulated Adjacent Area as part of the proposed solar development.Throughout the conceptual design phase of the project Ms.Fusco assisted enXco in coordinating with the appropriate regulators to provide for a seamless regulatory review process. Confidential Client, Linden, New Jersey (Wetlands Specialist/Land Use Permitting Coordinator: 2010 and 2015 to 2016) While at another firm, Ms Fusco served as the project lead for the freshwater wetland regulatory compliance services for a 1,300-acre refinery property in Linden,New Jersey.To remain in compliance with NJDEP land use regulations while undertaking the on-going ISRA-related activities at the facility, Ms Fusco prepared and submitted an application for a Letter of Interpretation(LOI)reissuance(in 2010) and an LOI (2016)to request the NJDEP's confirmation of the jurisdictional boundary of wetlands and waters on the refinery property. She conducted a wetland site inspection to record observations regarding existing site conditions, focusing on the presence/absence of wetland indicators, such as hydrology and vegetation She also conducted an investigation of applicable land use authorizations and available regulatory mapping to identify changes in land use since the issuance of the original LOI issued for the site. New York State Electric and Gas, Chenango County Transmission Project - Chenango County, New York,NY(Ecologist/Permitting Specialist:2011). While at another firm, Ms. Fusco led the wetland delineation field effort for the NYSEG's Chenango County Transmission Project(CCTP),which consisted of the development of a new,approximately 10.7-mile,overhead 46 kV line from NYSEG's existing County Line Substation to the new Columbus Substation through the Towns of Sherburne and Columbus to a newly constructed 46-12.5kV Columbus Substation. A total of 3.95 mules of this proposed transmission lune is located on new right-of-way. She conducted preliminary reviews of the routing alternatives using available New York State agency mapping/information to identify protected resources for additional review in the field and conducted wetland delineations in accordance with the USACE Interim Regional Supplement to the Corps of Engineers Wetland Delineation Manual:Northcentral and Northeast Region(October 2009). Regulatory approvals required by the project include USACE wetland permits, completion and acceptance of environmental impact documentation pursuant to the New York State Environmental Quality Review Act,and NYSDEC Construction SWPPP Approval. Applications were submitted in Winter 2012 with a planned Summer 2012 construction date. In addition to acquisition of required environmental permits, she assisted in the route selection process and conducted an alternative route evaluation that was used to support the project's SEQRA review.The CCTP is proposed to enhance regional reliability and to meet the increasing demand for electricity in the Chenango County service area, particularly by Agro-Farma, Inc., New York's largest dairy product manufacturer and the maker of Chobani®Greek Yogurt. PPL Electric Utilities, Peckville-Varden 138/69 kV Rebuild Project, Wayne and Lackawanna Counties, PA(Ecologist/Permitting Specialist:2012-2013) While at another firm, Ms Fusco served as the lead on environmental permitting for the planned 19 5-mile Peckville-Varden 138/69 kV Transmission Line Rebuild Project, which was conducted under the Northeast Pocono Reliability Project. This Project involved ecological studies, including the delineation of wetlands and suitable habitat for various plant species of special concern and protected wildlife species identified by the trustee agencies. She is also coordinating closely with the PPL Project Team and Project engineers to provide an integrated approach to minimizing impacts to protected resources and in turn minimize permitting efforts and approvals required for the planned rebuild.Anticipated permits/approvals for the Project include Federal and State Individual Wetland Permit approvals, an Individual NPDES Permit, and associated erosion and sediment control approvals, and agency clearance for rare, threatened, and/or endangered species potentially located along the existing transmission line corridor. KNAKRF JACQUELINE S. FUSCO TECHNICAL DIRECTOR I P.4 PPL Electric Utilities,Lackawanna-Providence Reconstruction Project,Lackawanna County,PA(Project Manager/Permitting Specialist:May 2012-2016) While at another firm,Ms. Fusco managed the multi-media permitting efforts for the planned reconstruction of a 7.2-mile span of a 69 kV transmission line within Lackawanna County, Pennsylvania. As part of the services provided to PPL,Ms. Fusco managed the wetland delineation field activities, as well as the field studies to assess the presence of potential Eastern small-footed bat (Myotis leibi) habitat, at that time, a State-threatened species. Ms. Fusco utilized these studies to support Chapter 102 and 105 permit application submissions,which she also prepared and submitted to the Lackawanna County Conservation District(LCCD) and Pennsylvania Department of Environmental Protection(PADEP),respectively. PPL Electric Utilities, Manor-Graceton Reconstruction Project, York and Lancaster Counties, PA (Ecologist/Permitting Specialist:2010-2011) While at another firm, Ms. Fusco provided regulatory compliance and ecological surveying services for PPL in support of the planned reconstruction of a 14.5-mile span of a 230 kV transmission line within York and Lancaster Counties, Pennsylvania. As part of the services provided to PPL, Ms. Fusco was the lead on the wetland field delineations for the Project, conducted in accordance with USACE protocols, including the Eastern Mountains and Piedmont Regional Supplement. She also participated in additional field studies to assess the presence of potential Bog turtle habitat and the rare plant species of special concern identified by the State agencies. Confidential Client Operations & Maintenance Facility — Maryland (Regulatory Compliance Specialist November 2019—Present) Ms. Fusco is currently managing the permitting and licensing effort for the development of an operations and maintenance facility for a confidential offshore wind developer. To date, she conducted the feasibility study to assess the development potential for the selected site. As part of the Feasibility Study, she reviewed the requirements for Federal,State,and local permitting and identified the applicable permits and associated permitting schedule to support the construction of this coastal facility. Since the study was completed,additional properties are being considered by the client,and AKRF continues to support the client in identifying the permitting strategy for all development options. Ultimately, after all pre-construction permits are obtained for the project,AKRF's efforts will transition into construction support to ensure compliance with the permits issued. Confidential Client—Con Edison Bulk Energy Storage Request for Proposal(RFP) Support (Regulatory Permitting and Compliance Specialist:November 2019) Ms.Fusco recently supported a number of confidential clients who were preparing proposals for submittal to Con Edison for the development of new battery energy storage facilities in response to Con Edison's Bulk Energy Storage Request for Proposal (RFP), dated July 15, 2019 The RFP called for the development of at least 300 megawatts (NM of energy storage that would be operational by December 31,2022. For two (2)of the projects specifically,Ms.Fusco managed the AKRF's efforts in the performance of critical issue and environmental permitting screening reviews of each potential development site to identify the potential critical environmental and/or regulatory issues that need to be considered by each prospective developer as they evaluate potential site development options. Critical review topic areas addressed included land use and zoning reviews; noise assessment; and review of wetland and ecological impacts. Additionally, Nis. Fusco prepared preliminary Permitting Plans and Licensing Schedules for each proposed development site for incorporation into the client's proposal document. She also coordinated with the project teams to ensure all elements of the bid documents were completed in accordance with Con Edison's RFP. Confidential Client — NYSEG/RG&E and National Grid Bulk Energy Storage Request for Proposal (RFP)Support(Regulatory Permitting and Compliance Specialist:December 2019—April 2020) Similar to the support provided for the NYSEG/RG&E and National Grid Bulk Energy Storage Request for Proposal(RFP),Ms.Fusco managed AKRF's effort to support a confidential client in submitting proposals for ten i Ltb JACQUELINE S. FUSC® TECHNICAL DIRECTOR I P 5 (10) potential energy storage development sites. The RFP to procure a minimum of 10 MW of bulk-connected energy storage projects to be in service by December 31, 2022 This initiative will help the state meet energy storage goals and complement the growing use of intermittent technologies on the bulk-electric system. Ms.Fusco conducted environmental/land use reviews for each site and compiled the documentation required in accordance with the RFP documents,which included permit listings and associated schedules. PSEG Power LLC — PSEG Ocean Wind Due Diligence Support (Regulatory Permitting Specialist: August 2019-Present) Ms. Fusco recently assisted PSEG Permitting Staff in compiling the regulatory/permitting section of the Due Diligence Report for presentation to the PSEG Board of Directors to support their decision as to whether PSEG would partner with Orsted in the Ocean Wind Project. The project involves the construction and operation of offshore wind turbines approximately 15 mules offshore of Atlantic City. The turbines will produce approximately 1,100 VIW of clean energy. The Due Diligence Report prepared documented the regulatory framework for all portions of the project,presenting the anticipated regulatory schedule and with a focus on the incurred risks due to the unknowns of the new offshore permitting processes. PSEG Power LLC—New Jersey Wind Port(Regulatory Permitting Specialist:April 2020-Present) Ms. Fusco is currently supporting PSEG in their efforts to permit the proposed Port to support offshore wind turbine construction and material delivery PSEG is proposing to construct and operate this Port, through a partnership with the New Jersey Economic Development authority, in an effort to support the State renewable energy goals and creating jobs in the State of New Jersey to support construction. As part of this effort,Ms.Fusco helped compile applications to the U.S. Army Corps of Engineers, New Jersey Department of Environmental Protection,Delaware Department of Natural Resources and Environmental Control,and the Delaware River Basin Commission to obtain authorization for the approximately 87 acres of dredging within the Delaware River to support Port operation and 30 acres of land disturbance for the onshore facilities. Impacts include in-water, coastal/tidal wetland,floodplain,and riparian zone impacts,for which an alternatives analysis was prepared. Bergen County Utilities Authority Edgewater Force Main and Pump Station Project — Hudson and Bergen Counties,New Jersey(Regulatory Compliance Specialist December 2019—Present) Ms.Fusco is currently serving as AKRF's Project Manager in support of the permitting effort for the installation of an approximately 4-mile sewer force main for the BCUA that will direct sanitary discharges to the Little Ferry Wastewater Treatment Plant in response to a Memorandum of Agreement with the New Jersey Department of Environmental Protection (NJDEP). AKRF services include obtaining the land use permits required for the project's geotechnical investigation and full permitting for the force main installation and operation,which includes Waterfront Development, Flood Hazard, and Freshwater Wetlands pern-utting. Additionally, AKRF is also providing NJ Licensed Site Remediation Professional (LSRP) services to the project in accordance with the NJDEP's Linear Construction Guidance documents. This efforts includes completion of an environmental due diligence report for the Project's 4-mile linear construction corridor, development of a pre-construction environmental sampling program, field supervision of the pre-construction environmental sampling program, and development of a materials management plan for use during project construction. PSEG Power Connecticut LLC, Combined Cycle Project at PSEG Bridgeport Harbor Station— City of Bridgeport,Fairfield County,Connecticut Ms. Fusco is currently serving as the Project Manager for multi-media permitting and compliance services initially for the planning and construction of a new combined-cycle plant at the existing PSEG Bridgeport Harbor Station (BHS) electric generating facility and has now transitioned into permit close-out efforts. The Facility consists of a 485 MW dual fuel, single train combined-cycle power plant A combined-cycle power plant uses both a gas and steam turbines together to produce more electricity from the same fuel The plant includes a combustion turbine (similar to a very large jet engine), a heat recovery steam generator (HRSG) and a steam turbine to generate electricity. Waste heat from the combustion turbine will be routed through the HRSG to create steam,powering `i JACQUELINE S. FUSCO TECHNICAL DIRECTOR I P.6 the steam turbine and generating additional power in an efficient manner. As part of her effort, she successfully coordinated with regulatory agencies and stakeholders from the Federal to the City level to obtain the permits and approvals required for both the construction and operation of the new plant,including stormwater and wastewater discharge permits, coastal consistency approvals, and local City of Bridgeport approvals. Through coordination with PSEG and the Project Engineers, Ms. Fusco supported the project design phase to ensure regulatory compliance Once permits were received, Ms. Fusco supported the construction team in ensuring the Project's regulatory compliance, conducted required regulatory inspections and reporting. She later transitioned into supporting the plant's operations team in navigating through the complexities of the wastewater and stormwater discharge permits, and monitoring the site in accordance with the plant's Spill Prevention, control, and countermeasure(SPCC)Plan and is providing the team with training to ensure compliance during plant operation. Her final efforts to support the project include obtaining permit close-outs as the plant structures and site finishes are being completed. PSEG Fossil, LLC, Hudson Warehouse Project at PSEG Hudson Generating Station — Jersey City, Hudson County,New Jersey While at another firm,Ms.Fusco provided the lead in the environmental/land use permitting effort to support the construction of a new warehouse building at the PSEG Hudson Generating Station. As part of the effort, Ms. Fusco prepared and submitted the Flood Hazard Area Individual Permit application to the New Jersey Department of Environmental Protection (NJDEP), Division of Land Use Regulation (DLUR). In addition, she met with the New Jersey Sports and Exposition Authority and assisted in obtaining the Zomig and Construction Code approvals, and well as the Soil Erosion and Sediment Control Certification from the Hudson-Essex-Passaic Soil Conservation District. PSEG Fossil, LLC, Marion Dock Rehabilitation Project at PSEG Hudson Generating Station —Jersey City,Hudson County,New Jersey While at another firm,Ms Fusco provided the lead in the environmental/land use permitting effort to support the planned improvements to the Marion Dock Facility, located at the existing PSEG Hudson Generating Station in Jersey City, Hudson County, New Jersey. As part of the Project, she managed the land use and construction permitting effort for the relocation of two (2) existing underground pipelines and demolition of the Screen House which was formerly used to supply the decommissioned Marion Dock Generating Station with process water from the Hackensack River. To support the second phase of the Project, she assisted PSEG in obtaining the land use and construction permits for the reconstruction of the existing Marion Dock. Because the Project site is located within the Hackensack Meadowlands District, regulated activities fall under the jurisdiction of the New Jersey Sports and Exposition Authority (NJSEA) As such, the Project required a Zoning Certificate and review by NJSEA, as well as Flood Hazard Individual Permits and an In-Water Waterfront Development Permit from the New Jersey Department of Environmental Protection (NJDEP) Division of Land Use Regulation (DLUR). In addition, Ms. Fusco worked with the U.S Army Corps of Engineers and National Oceanic and Atmospheric Administration, National Marine Fisheries Service in support of the Section 10/404 Permit authorization for the dock rebuild activities within the Hackensack River,which included dock reconstruction and shoreline restoration activities. The Project was fully constructed in Spring/Summer 2015 PSEG Fossil,LLC,Mercer Coal Pile Stormwater Conveyance System Installation Project at PSEG Mercer Generating Station—Hamilton Township,Mercer County,New Jersey While at another firm,Ms.Fusco provided the lead in the environmental/land use permitting effort to support the construction of a stormwater conveyance system around the existing coal pile at the PSEG Mercer Generating Station.Because the facility is adjacent to the Delaware River,the Project required preparation and submission of an Upland Waterfront Development Permit, Flood Hazard Area (FHA) Individual Permit and FHA Verification, which were completed and submitted by Ms. Fusco. leis. Fusco also led the coordination with the New Jersey Department of Environmental Protection (NJDEP) Division of Land Use Regulation (DLUR) to obtain concurrence that the project,although a"major development",did not require water quality review by the NJDEP I IKU s A JACQUELINE S. FUSCO 3� TECHNICAL DIRECTOR I P 7 DLUR reviewing engineers, which would have required detailed stormwater calculations and delayed the permit issuance. PSEG Fossil, LLC, CMS Improvements Project — Township of Woodbridge, Middlesex County, New Jersey(Permitting Lead:2014-2016) To support PSEG Fossil, LLC in the construction of a new administration building at the Central Maintenance Shop Facility located at the Sewaren Generating Station in the Township of Woodbridge,Middlesex County,New Jersey,Ms. Fusco served as the lead for the environmental/land use permitting effort,while at another firm.This included the preparation and submission of an Upland Waterfront Development Individual Permit to the New Jersey Department of Environmental Protection, Division of Land Use Regulation. In addition, Ms. Fusco supported the efforts to obtain the Municipal Site Plan approval from the Township of Woodbridge North Bergen Liberty Generating,LLC,North Bergen Liberty Generating Station Phase II,North Bergen,NJ The overall project also proposes the installation of a natural gas lateral connecting to Con Edison's nearby gas transmission system and a new force main from the Bergen County Utilities Authority's Little Ferry Water Pollution Control Facility to provide reclaimed water to the site for use as process water make-up. AKRF was tasked with the acquisition of required land development approvals from the New Jersey Sports and Exposition Authority (formerly New Jersey Meadowlands Commission) and environmental approvals from the New Jersey Department of Environmental Protection (NJDEP),the U. S.Army Corps of Engineers,and the Bergen County and Hudson Essex Passaic Soil Conservation Districts. NJDEP approvals include a PSD Air Permit,Waterfront Development and Flood Hazard Area Permits,stormwater management approvals,tidelands approvals/grants and construction dewatering discharge and water allocation permits. Corp of Engineer permits included Nationwide Permit No.7 approval for a new outfall structure and Nationwide Permit No 12 for the proposed reclaimed water line HDD crossing of the Hackensack River. Ms. Fusco supported the AKRF permitting team in resource mapping and planning for the routing analyses for the proposed project utility corridors Spectra Energy, NJ-NY Expansion Project — Bergen, Hudson, and Union Counties, NJ and Kings County,NY The NJ-NY Expansion Project,which spans portions of New Jersey and New York,is designed to improve upon the existing gas pipeline network.While at another firm,Ms.Fusco,as part of a multidisciplinary project team,was responsible for the conducting environmental field surveys and resource assessments for areas along the planned pipeline route to support permitting prior to construction and then during construction to ensure activities remained in compliance with Federal Section 10/404 permits issued by the U.S.Army Corps of Engineers In addition,Ms. Fusco assisted in the field studies to evaluate the presence/absence of threatened species within the forested upland habitat located near the existing pipeline substation.The objective was to locate any indicators of Barred owls (Stnx ivna)and Red shouldered hawks (Buteo lineatus).The project was in accordance with State and Federal regulations of indicators of the select species of raptors. Confidential Client,Linden,New Jersey (Wetlands Specialist/Land Use Permitting Coordinator: 2015 to 2016) While at another firm, Ms Fusco served as the project lead for the freshwater wetland regulatory compliance services for a 1,300-acre refinery property in Linden,New Jersey.To remain in compliance with NJDEP land use regulations while undertaking the on-going ISRA-related activities at the facility, Ms. Fusco prepared and submitted an application for a Letter of Interpretation (LOI) to request the NJDEP's confirmation of the jurisdictional boundary of wetlands and waters on the refinery property. She lead the wetland field delineation effort to record observations regarding existing site conditions, focusing on the presence/absence of wetland indicators,such as hydrology and vegetation. 0AK.RFry 1+05 6-5 Attachment 3 NYSDC Region 1 Wetlands Correspondence i Elizabeth Weatherby<eweatherby@akrt com> RE:Time-of-Essence:Reflagging NYSDEC established Wetland @ 69430 Main Road.Greenport J 1 message Lewis,Daniel E(DEC)<daniel Jews@dec ny gov> Thu,Oct 31,2019 at 142 PM To Elizabeth Weatherby<eweatherby@akrt com> Cc Idacg<Idacg@oplonline net>,VC Miller Jr"<wcmillegr@clearviewgroup net> Me Weatherby,I have reviewed the updated survey(Robert W Brown last dated 10/2212019) 1 confirm that the[oration of the wefland flags and line of existing vegetation are correct In addition you have placed on the plans the 100 foot jurisdictional boundary I confirm that the 100 foot line is accurate Lastly,you have added a line labeled"10'buffer"which represents the addition of 10 feel of additional buffer along the entire length of the existing wetland and naturally vegetated buffer I confirm that this is what the Department would be asking for under a proposal to develop this property commercially In addition we would ask that you install a fence along that line labeled"10'buffer'to protect the wetland and buffer A post and rail fence would be sufficient but most other types of fence would also be approvable Another minor requirements that we would ask for through the permit application process is that all of the turf grass within the area to be converted to buffer be rototilled and the area seeded with a native perennial seed mix that does not include any turf grass We would want to see you capture storm water for any impervious structures within 100 feet of the wetland and send that storm water to sub surface,or other,storage outside of the 100 foot jurisdictional boundary If there are to be any sanitary facilities constructed,all sanitary leaching structures must be located outside of the 100 foot jurisdictional boundary I hope that this answers all of your questions Please,feel free to call or write if you have additional questions Daniel Lewis Biologist,Fish,Wildlife and Marine Resources New York State Department of Environmental Conservation 50 Circle Road,Stony Brook,NY 11790-3409 P(631)444-0278 1 F (631)444-02721 daniel lewis@dec ny gov www dec ny gov 11 From Elizabeth Weatherby<eweatherby@akrf com> Sent Thursday,October 31,2019 9 58 AM To Lewis,Daniel E(DEC)<daniel lewis@dec ny gov> Cc Idacg<Idacg@optonline net>,WC Miller Jr<wcmillepr@clearviewgroup net> Subject Re Time-of-Essence Reflagging NYSDEC established Welland @ 69430 Main Road Greenport i ATTENTION 'ins email came from an ex:erral source Do not open at acnmants of click on lints from unRnown senders or unexpected emads Good morning Dan, As a follow-up to your site visit oath Land Design on October 17 at the property located at 69430 Route 25,Hamlet of Greenport in the Town of Southold(SCTM#1000-45.6-1),please find attached a letter transmitting the updated survey As indicated in the letter and discussed during our prior phone conversations,we are also requesting confirmation of our understanding of NYSDEC's requirements related to potential commercial development activities at the site Should you have any questions,orwould like to discuss the attached further,please do not hesitate to contact me at(856)359-7633 or eweatherby@akrf com Thankyou Regards, Elizabeth On Thu,Oct 17,2019 at 142 PM Lewis,Daniel E(DEC)<daniel lewis@dec ny gov>wrote I was on site this morning with the surveyor We found 3 of the original 4 flags and added 3 new flags that rounds the edge of the fresh water wetland to the property line The surveyor stated that he had already picked up the edge of lawn/edge of natural buffer vegetation to the wetland Please have the following note added to the plans somewhere in the vicinity of the freshwater wetland"The NYS regulated freshwater wetland as delineated by D Laws on 10/17/2019° ' From Idacg<Idacg@opionline net> I Sent Saturday,October 12,2019 8 19 AM I To Lewis,Daniel E(DEC)<daniel lems@dec ny gov> i Cc*'Elizabeth Weatherby'<eweatherby@akrt com> Subject Re Time-of-Essence Reflagging NYSDEC established Welland @ 69430 Main Road Greenport ATTEP!]tOf1 this eurarl came vom an excarnatsaurce Do not open at�aenn,ants ar eAcY on!uN<s from unNnoiron senders et ur�erpscted emarls i Daniel,We at Land design have set as you advised Oct 17 as our prefered date to be on site if that works for you?Bob B Sent from my Venzon,Samsung Galaxy smartphone -----Original message------ From"W C Miller Jr"<wcmdle0r@clearwewgroup net> i Date 10/11/19 3 02 PM(GMT-05 00) i To dame)lewis@dec ny go,"'Robert W Brown,L S"'<Idacg@optonline net> Cc'Elizabeth Weatherby'<eweatherby@akrf com> Subject Time-of-Essence Reflagging NYSDEC established Wetland @ 69430 Main Road Greenport I Daniel.Thank you for your courtesies extended to us,though AKRF's Elizabeth Weatherby,to return to the subject property to reflag the subject NYSDEC mapped Wetland on one of the following dates I As the Engineer-of-Record,I've cc'd Land Design Associates(LDA)Bob Brown,LS whom we mutually want on Site alongside you to simultaneous stake and shoot these reflagged locations in order to expedite the delineated Wetland+10'Buffer Survey of Record you've requested for our mutual files •Thursday 10/17119 10 30am-3 30pm •Monday 10/21/19 am only •Tuesday 10/22/19 Anytime i •Wednesday 10/22/19 Anytime •Thursday 10123/19 Anytime Bob Since you/LDA's Survey crew are the other primary party to this Time-of Essence documented closure action,please step and communicate directly with Mr Lewis to mutually select a date/time certain from Mr Lewis'above availability in order to expedite LDAs completion of both the coordinated field work and follow-up timely delivery of the NYSDEC Region 1-required delineated Wetland+ i 10'Buffer Survey-of-Record I Thank you, Bill c mage removed by sender cad image008 jpg@01 CFA2D2 FOAF35CO "ima a removed b sender htt s/fscontent-1 a3-1 xx fbcdn net/vftl 0-9113707536 940443792732456 6686200190041056970 n 7oh=763c349413$7844554a820c82a40t7cb&oe=59A72683 William C Miller,Jr,PE,President Cleannew Consultants,LLC I A Clearview Group Subsidiary PO Box 5430 Miller Place,NY 11764-2108 Direct 631 474 1150 Fax 631 403 4761 I WCMiIIerJr@ClearnewGroup net From Lewis,Daniel E(DEC)<damel Iewis@dec ny gov> Date Tue,Oct 8,2019 at 11 22 AM Subject RE 69430 Route 25,Southold 1000-45-5-1 To Elizabeth Weatherby<eweatherby@akrt com> Elizabeth,the earliest I can be on site is Thursday the 17th I can be at the site by 10 30 and 3 30 at the latest Do you think that date will work for you? If not we are into the next week Monday the 21st in the a m or Tuesday and Wednesday the 22nd and 23rd all day Let me know Dan Laws From Elizabeth Weatherby<eweatherby@akrt com> Sent Monday,September 30,2019 8 36 AM To:Lewis,Daniel E(DEC)<damel lewis@dec ny gov> Subject Re 69430 Route 25,Southold 1000-45-5-1 .� ATFENTiOAr (his ernarl acme from an ax tema(sarrca Oo not open atracfarnents a ctrcfc on links frem unNnoivn senders or unexpected enatls �� i Good morning, I hope you had a good weekend I wanted to follow-up on our discussion last week and see while you are in the Town of Southold,if you are able to go the this property and reflag the wetland,or at least check if the four flags are visible I am trying to line up our surveyor but am not sure we will be able to meet on site,do you know which day you may be at the property? Thank youl Regards, j Elizabeth Elizabeth J Weatherby t Technical Director AKRF,INC Environmental,Planning,and Engineering Consultants 307 Fellowship Road,Suite 214 1 Mt Laurel,NJ 08054 P)856 359 7633 1 F)856 797 9932 www akrf coin 4 KRF Environmental,Planning,and Engineering Consultants 307 Fellowship Road Suite 214 Mt Laurel, NJ 08054 tel 856 797-9930 fax. 856 797-9932 www.akrf com October 31,2019 Via e-mail Attachment Mr. Daniel Lewis New York State Department of Environmental Conservation Division of Fish,Wildlife&Marine Resources Bureau of Habitat,Region 1 SUNY @ Stony Brook 50 Circle Road Stony Brook,NY 11790 daniel.lewis@dec.ny.gov Re: 69430 Route 25 Greenport,Suffolk County,New York SCTM# 1000-45-5-1 NYSDEC Region 1 Wetlands Delineation Dear Mr.Lewis: Following up on prior subject communications with you,please find enclosed the updated Survey prepared by Land Design Associates, DPC (LDA) of the subject Lot located within the unincorporated Hamlet of Greenport,Town of Southold, Suffolk County,reflecting your October 17,2019 on-Site walkover and re- delineation of the existing freshwater wetland. The attached LDA Survey includes the following information: • The locations of the six(6)NYSDEC Region 1 flags, which now delineate the updated boundary of the on-Site jurisdictional freshwater wetland; • A 100-foot adjacent area contiguous to the re-established wetland boundary, also regulated by NYSDEC; • The existing wooded vegetation line as simultaneously surveyed by LDA on October 17, 2019; and, • A 10-foot buffer contiguous to the existing wooded vegetation line,which NYSDEC requires to be maintained and permanently fenced. Your August 8,2018 letter states that NYSDEC would allow commercial development within the already cleared 100-foot adjacent area contiguous to the delineated wetland,subject to the following: • Maintaining the delineated 10-foot wooded vegetation buffer;and, • Securing a NYSDEC Permit under the Freshwater Wetlands Act(Article 24),which would allow clearing of any remaining vegetation outside the delineated 10-foot wooded vegetation buffer. Offices in New York•New Jersey.Pennsylvania•Maryland•Ohio Mr. Daniel Lewis 2 October 31,2019 AKRF respectfully requests your confirmation of: /I ✓� • The aforementioned freshwater wetland, as well as 10-foot wooded vegetation and 100-foot adjacent area boundaries, as delineated in the attached LDA Survey, which will then, in-turn, be included on all future Site development plans;and, • NYSDEC's permitted future commercial development on this Lot, outside the 10-foot wooded vegetation boundary as articulated in your August 8,2018 letter and now delineated in the attached LDA Survey. If you have any questions or comments regarding the above or attached,or wish to discuss AKRF's request in greater detail, please feel free to contact me at eweatherby@akrf.com or 856-539-7633. We appreciate your efforts to clarify and confirm NYSDEC's requirements for this property. Sincerely, AKRF,Inc. ,6 Elizabeth Weatherby Technical Director CC: W. C.Miller,Jr.,PE-Clearview Consultants,LLC R.W.Brown,LS -Land Design Associates,DPC Attachments: Attachment 1.Updated Property Wetlands Survey Attachment 1 Updated Survey MAIN ROAD srrE Q 151 79' 14907' "' w,u e ONA 0.1 "E N45'27'40"E _ —— 92 648'+ al 9 93 2 98 ATLAS LOCATION (N T S) Y U W .,o ZU10 ) �� 7 I 9, J W I 99 I 4 `O /0 o q 0 LEGEND -WOODS❑NE FF=125 / D -WEMNO FLAGGING BLDG _10--E%ISIING CONTOURS n / /107 w I04 -SPDi ELEVATION o SHED p o 114 109 10 / / IDH / 96 108 mEXISTING CONDITIONS PLAN, JJ nks F9� ,°� y GREENPORT,NY SCTM#1000-45-05-01 WOWS LINE 114 S430000 9md1ac�01D� By Isuul BobertW'BrawnrlB I OF l¢tl49128 1 t�I 1 KRF Environmental,Planning,and Engineering Consultants 307 Fellowship Road Suite 214 Mt. Laurel, NJ 08054 tel:856 797-9930 fax 856 797-9932 www akrf com September 18,2019 Mr.Daniel Lewis New York State Department of Environmental Conservation Division of Fish, Wildlife&Marine Resources Bureau of Habitat,Region 1 SUNY @ Stony Brook 50 Circle Road Stony Brook,NY 11790 Re: 69430 Route 25, Southold(SCTM# 1000-45-5-1) Dear Mr.Lewis: As discussed during our phone conversation on August 16,2019,AKRF reviewed your letter dated August 8, 2018 in regards to wetlands delineated by the New York State Department of Environmental Conservation (NYSDEC) at a property located at 69430 Route 25 in the Village of Greenport, Town of Southold, Suffolk County. The letter states that the NYSDEC placed four (4) wetland flags along the delineated boundary of a jurisdictional freshwater wetland (Attachment 1). The wetland has a 100-foot adjacent area that extends from that wetland boundary that is also regulated by the NYSDEC. In addition,the NYSDEC letter states that for commercial development, a 10-foot vegetation buffer (existing and/or newly planted) along the entire edge of the wetland boundary must be maintained and permanently fenced. A copy of your August 8,2018 letter is provided in Attachment 1. The letter also states that while commercial development within the already cleared 100-foot adjacent area would be allowed such that the 10-foot vegetation buffer is maintained, activities would require a permit from the NYSDEC under the Freshwater Wetlands Act(Article 24). This would include clearing of any remaining vegetation that is outside the 10-foot vegetation buffer. The wetland boundary, adjacent area boundary and vegetation buffer boundary would need to be shown on future development drawings. As recommended by you in our phone conversation,AKRF is transmitting a copy of the NYSDEC survey drawing which has been marked up to show the boundary of the 10-foot vegetation buffer in order to confirm the boundary location is correct(Attachment 2). Once confirmed,the wetland boundary, adjacent area boundary and vegetative buffer will be shown on future development drawings. We are also requesting confirmation of the above statements in regards to potential commercial development and NYSDEC's requirements. Offices in New York 9 New Jersey•Pennsylvania•Maryland•Ohio Mr.Daniel Lewis 2 September 18,2019 If you have any questions or would like to discuss AKRF's request proposal in greater detail, please feel free to contact me at eweatherby@akrf.com or 856-539-7633. Sincerely, AKRF,Inc. Elizabeth Weatherby Technical Director Attachments: Attachment 1.NYSDEC letter dated August 8,2018 and survey drawing Attachment 2. Marked survey drawing Attachment 1 NYSDEC letter dated August 8,2018 and survey drawing Offices in New York•New Jersey•Pennsylvania.Maryland•Ohio Division of Fish,Wildlife&Marine Resources Bureau of Habitat,Region 7 - ) 'a SUNY @ Stony Brook,50 Circle Road,Stony Brook,NY 11790 (6 -0275 I F:(631)444 Q272 w ww.dec.ndec.ny.gov ✓h � i August 8, 2018 s w Robert Kowalski € 565 Pine Neck Road I Southold, NY 11971 c 4 RE: The Department's jurisdiction under Article 24'(The Freshwater Wetland Act) on your property, 69430 Route 25, Southold (SCTM# 1000-45-5-1) Dear Mr. Kowalski, Under Article 24 the Department has jurisdiction over all regulated freshwater wetlands 6 and 100 feet landward of those wetlands. Many activities (including construction, demolition, excavation, fill and clearing) within the wetland and the 100 foot adjacent area require Article 24 permits from this Department. Conducting these activities without the benefit of a permit from this Department is in violation of Article 24 of the Environmental Conservation Law(ECL) and 6NYCRR Part 663 (the regulations promulgated under Article 24). Activities greater-than 100 feet from the regulated s freshwater wetland do not require an Article 24 permit from this Department. ----St-aff4rom4he-bureau-ef ur,� isited-yeur-popertyifefeneed-abeve;en August 7, d` 2018.We placed 4 flags along the freshwater wetland boundary at the boundary's closest point to your property. For any future development of the site you should show those flags on a survey and label them "The NYS regulated freshwater wetland boundary as flagged by C. Knoll and D. Lewis on 8/7/2018." In addition, you should show the 100 foot line form those flags. That line would be our jurisdictional limit under the Freshwater Wetland Act. , We have reviewed historic aerial photos of the property and have determined that the h ,M, K Oepartmentof OPPORNNM Environmental ¢ Conservation x A ii G i a _4 clearing on site is legal. Therefore, all of the lawn area would be considered existing 4 legally cleared area. Under Article 24 you could develop the legally cleared area for residential purposes or commercial purposes. The only activity within that legally ' cleared lawn area that we would definitely prohibit would be new sanitary systems. i 1 Those would need to be located greater than 100 feet from the wetland. For residential development you could subdivide, construct new SFDs, pools, driveways or any other accessory structures. You could work up to the line of natural vegetation. s We would not permit the clearing of any additional buffer vegetation within the wetland • r' or 100 feet of the wetland. For all such development you should propose storage of storm water from roofs, driveways or any other impervious surfaces for a three inch rain 3 event. For pools you should show a drywell for pool filter backwash. That dry well should be set as far from the wetland as reasonably possible. z In addition, we would also permit commercial development. We would require that you create some additional buffer to the wetland. We would ask that you plant a strip of g additional buffer vegetation 10 feet wide along the entire edge of the existing wetland buffer. In addition, you would need to install some-form of permanent fence along the new edge of the buffer. We would also expect that you use best management practices to minimize any impacts to the wetlarid from the commercial activities being conducted on site. Any residential or commercial development within that 100 foot jurisdictional adjacent area would require that you first obtain permits form this Department. If you have questions, please give me a call at 631 444 0278. 4 't s Sincerely, i Dan Lewis c y • - L i d NiO/F` SURVEY OF-PROPERTY.. RETTOR'S SEVEN`ACRE.,FARM-,INC.' S,400'10'E » ( - 266.00'-' -- AT ARSHAMOMA0UE TOWN OF ,SOUTHOLD .' SUFFOLK ,COUNTY, N.Y. 2000-45-05-01 SCAL& 1'=40 NOVDNBO?26, 2018 ;g o7RE . �C"wErLANDs� lrc ` � - WEN1'SREGUlAIEP MERAND E In, ,� ,° - - •• BOUNDARY AS FLAGGED BY G A NOLL , '4 h _ _ • » e _ . ,[ Zf I - c 4 .., - - �� AND D.LEW GW B/7Mla r • vo�E N/O/F O = 4`; COUNTY OF SUFFOLK of Z $ LE, ,'COMFIED1D:. `� yy y - volim JEDI GROUP LLC,' ;`,'., ;: °fir COvm .ROBERT AND KAREN KOWALSKI DECISION 2000 REAL ESTATE»SERVICES. INC. ' »eo S — TITLE NO. 18-08-9080 g COM axw -CHICAGO TITLE°'INSURANCE COMPANY - KEY" I STY. m sm amm grAw B .—'IEW HOLE ' arw', • PIPE aff 4'0wniOAM�byr� , ■ AION1%AIENT N48'00'10'W" eon'�rrr-eov 290.03':' REA,AND B0f1NDAR,Y FLAG p Ca�';`U1KIfl'POLE,, "; tF COUNTY OF SUFFOLK - 7Nf NYS REf.1JLA1fD,I �Wfiafi DARY,AS FLAWEV BY Q `KNOLL AND a LEWS"plEylLiV 8/_1kOla NOTE .GAY J OF INE 4' ?CERAINDS BOUNDARY GS'SET MvrE FouND AND LOGITED PIPES NECK ROAD. V AT INE RME,AF FIELD SURVEY NGIRTKERN EDGE Gtr gEiLANOS - NO 49618 aora�mARr uNF,sdoR.1s FRaw suR►EY REGb RD nvFoiavAncw "PECO !? ? (631) 765-502Q FAXA(631) 765=1797 :ANY AL7ERATKW Olt ADDIROAI Tri ilflS SURFEY'lS'A'NOCARGIN ON sECifoN 7209QF TH£NEW ;' .�. P.O. BOX 909VEl£• ='BS,SBB - ' ►rnx srATE EoucAnav uxc Exrtrr As�x secncw 72a>a-svea�asav z ALL cartu�cArraws SQ 1230 MASMd r . .IA07EG1N ARE•vALD FLYt,7WS MAP AND COPIES THDTEGI�DNLY lF SAro ItAP oYP CG°!ES BEAR THE • !IKEA `FT. , IAIARESSED SFAI aF•INE SVRV£YTaR MNOISE 9AVAR/RE APPEARS NEREON SOUTHOLD, N.Y. 11971 Attachment 2 Marked Survey Drawing N/o/F SURVEY OF PROPER RETTOR'S SEVEN ACRE FARM INC. S49OW100E AT ARSHAlI�OM�4QUE of «w TOWN OF SOUTHOLD SUFFOLK COUNTY, N. 1000-45-05-01 c i SCAM 1=40 i1 ; k NOVEMBER 26, 2MO o-m tj WMANDS� BWWARY�rAuMM ear a'a W I AND D.LEMf3 ON 8/%F/2 L z � N/O/F ON ON of co COUNTY OF SUFFOLK Z ME CE)MRED 712-- TAM JEDI GROUP LLC r W ROBERT AND KAREN KOWAISKI �`�s�sn DECISION 2000 REAL ESTATE SERVICES. INC. „Qy — THLE NO. 18-08-8080 0 cow axw CHICAGO TITLE INSURANCE COMPANY b ow_ KEY p, ,arr.�am= O -REMcor- r _ ® VAM $ ewac ew ♦ -STAKE wrr-oee 6 - Wr H&E arr ,q • -qPE 4Y WILL Fr �pF NEW CMF � O ■ -MONUMENT �I N4SOWIO'V 290.03' . K AND BOUNDARY FLAG N 0 F ' UTILITY POLE I � COUNTY ofSUFFOLK " PC NYS REMILA70 WILAND BMAVDAW AS FLAMM BY a MOM AND A am pV f!_/=NOTE—CAY 3 OF IME• � A CF MW��;BMW OW CF PIPES NECK ROAD Na BoLAIDARrLASE SYCK 7S Im SLRWYI�EcroVPD AIF AnON (631) 765-5020 FAX(63T) 7 R ECEIVED �6 2021 Of,l�ppeals -_ EXHIBIT F March 25, 2021 Langan Preliminary Site Drainage Report LA NGA N Technical Excellence Practical Experience Client Responsiveness 25 March 2021 Mr Harrison Netz -140 t6 Savion, LLC 42 Admiral Blvd Kansas City, MO 64106 Via e-mail: hnetz@savionenergy.com Re: Preliminary Geotechnical Engineering Letter Report Suffolk County Energy Storage II ("The Project") 69430 Main Road Greenport,NY Langan Project No.: 190060901 Dear Mr Netz: This report presents the results of our preliminary geotechnical engineering study for the proposed development located at 69430 Main Road in Greenport, New York. The purposes of this study were to explore subsurface conditions, evaluate feasible foundation options, and develop preliminary geotechnical recommendations Services were performed in accordance with our proposal revised 23 June 2020 (authorized 12 August 2020). Our approach and preliminary recommendations were developed considering the following: 1. Proposed site plan entitled "Suffolk County Storage II—69 kV" prepared by Savion Energy dated 20 August 2020; and, 2. Elevations and survey information provided from a survey entitled "Existing Conditions Plan, Greenport, NY — SCTM#:1000-45-05-01" prepared by Land Design Associates Engineering, Surveying & Landscape Architecture D.P.C., dated 22 October 2019, which references an unknown datum 3 Specification Sheet for "SC2750/3150/3450UD-MV-US" Power Conversion System and Product Drawings for "ST5246KWH" by Sungrow; provided by Savion via email on 14 September 2020. Changes to design schemes must be reviewed by Langan for impacts on our recommendations SITE DESCRIPTION An existing site summary is provided below and is shown on Figure 1. • Location: 69430 Main Road, Greenport, New York One North Broadvray, Suite 910 White Plains. NY 10601 T: 914,323.7400 F: 914.323.7401 www.langan.com New Jersey•New York•Connecticut•Massachusetts•Pennsylvania-Washington,DC•Wept Virginia•Ohio•I londa•lexas•Colorado•An7ona•Washington•California Athens•Calgary•Dubai•London•Panama Prelmnary Geotechnical Engineenng Letter Report �j 25 March 2021 Suffolk County Energy Storage 11("The Project') �j( ��GN/v Page 2 of 14 Greenport NY Langan Project No 190060901 • Size and current use- An about 2-acre property occupied by a single-family dwelling with a finished floor elevation of about el +12.5. Site improvements include sheds, poultry pen, well, gravel driveway, and associated utilities. • Topography. Existing site grades are relatively flat and range from about el +10 to about el +12 Available documents indicate wetlands are present within northeast part of the property • Surrounding Properties- o North —residential and commercial property; o South—wooded areas; o East—wooded areas; and, o West—Main Road. PROPOSED CONSTRUCTION The proposed development consists of a commercial battery energy storage system (BESS) accessed from Main Road The proposed BESS will provide about 13 kilovolts (kV) of storage and will consist of the following • Battery storage containers. 32 about 40-foot by 8-foot storage containers, estimated dead load of about 97,000 pounds supported on a thickened slab-on-grade or with 10 individual pier foundations • Inverters- 11 about 20 foot by 8 foot inverters estimated dead load of about 36,000 pounds supported on a thickened slab-on-grade. • Switchgear and substation supported on a thickened slab-on-grade. • Site access- perimeter gravel access roads Based on the storage container dead loads provided, we assumed a uniform bearing pressure on the order of 400 to 500 pounds per square foot (psf) for the thickened slab-on-grade Switchgear and substation weights were not provided, but we assume recommendations herein can be used to support similar bearing pressures We understand the preliminary loads provided by Savion are dependent on the final design and layout, and should be confirmed for conformance with geotechnical assumptions and recommendations prior to final design and construction. Other associated site features are anticipated to include electrical lines and drainage features, which have not yet been designed Proposed site grades are not available at this time; however, we assumed that minimal cuts and fills (up to about one foot) will be required to reach the proposed site grades. LA/VCA/%/ Preliminary Geotechnical Engineering Letter Report 25 March 2021 Suffolk County Energy Storage 11("The Project") d/ Page 3 of 14 Greenport NY �J Langan Project No: 190060901 REVIEW OF AVAILABLE INFORMATION Regional Geology The 1989 "Surficial Geologic Map of New York: Lower Hudson Sheet" and the 1970 "Geologic Map of New York- Lower Hudson Sheet" (Figure 2) indicates the overburden material is outwash sand and gravel. The Bedrock Geology map (Figure 3) indicates the site is a part of coastal plan deposits extending up to 2,000 feet below the surface(i.e.,silty clay, glauconitic sandy clay, sand, and gravel). Federal Emergency Management Agency Flood Map We reviewed the Flood Insurance Rate Map (FIRM) for Suffolk County published by the Federal Emergency Management Agency (FEMA), Maps No. 36103CO157H and 36103C0159H, both with a revision date of 25 September 2009 The FIRM (Figure 4) indicates that the majority of the site Is in Zone X — unshaded, "areas determined to be outside the 0.2% annual chance floodplain " The southwest part of the site is located within Zone X — shaded, "areas of 0.2% annual chance flood." The proposed site plans show the battery storage units and electrical component are located outside of the Zone X—shaded area. SUBSURFACE EXPLORATION Four borings (LB-01 through LB-04) were drilled by Aquifer Drilling &Testing, Inc. on 31 August 2020, under full-time Langan observation. The borings were advanced with a Geoprobe 7822 DT rig using mud-rotary drilling techniques Borings were advanced to depths ranging between about 12 to 27 feet (about el -2 to el -25) below the existing grades. A boring location plan is shown in Figure 5. Standard Penetration Test (SPT) N-values were documented and soil samples were generally obtained continuously to a depth of about 12 feet and every 5 feet thereafter. Disturbed soil samples were obtained using a standard 2-inch-outer-diameter split spoon sampler driven by a 140-pound automatic hammer in accordance with ASTM D1586, Standard Penetration Test. Recovered soil samples were visually examined and classified In the field in general accordance with the Unified Soil Classification System (USCS). Soil classifications, N-values, and other field observations were recorded on our field logs, provided in Appendix A. 'The Standard Penetration Test(SPT)is an in situ testing technique used to infer soil density and consistency The SPT N-value is defined as the number of blows required to drive a 2-inch-diameter split-barrel sampler 12 inches after an initial penetration of 6-inches using a 140-pound hammer falling freely from 30 inches LANGA/V Prehminary Geotechnical Engmeermg Letter Report 25 March 2021 Suffolk County Energy Storage I/("The Project") Page 4 of 14 Greenport, NY lqe�� Langan Protect No• 190060901 Laboratory Testing Selected samples were sent to a certified laboratory testing to confirm visual classifications, determine the index properties (physical and mechanical) One percent passing the #200 sieve (ASTM D1140), one moisture content of soil (ASTM D2216), and two Atterberg Limits (ASTM D4318) tests were completed. Lab testing results are 1n progress and will be included 1n our final report SUBSURFACE CONDITIONS The subsurface conditions generally consist of a surficial layer of topsoil, discontinuous fill, inorganic silt, sand, and glacial till moraine. Groundwater was initially encountered during the subsurface exploration ranging from about 6 to 15 feet below existing site grades (between about el -4 to el +4) A detailed description of the subsurface materials encountered is provided below in order of increasing depth. Surficial Material —A 2 to 6-inch thick surficial layer of topsoil was encountered in all borings. The topsoil layer is generally composed of orangish brown to dark brown sand with varying portions of silt, gravel, bricks, and roots. Miscellaneous Fill —A 2-foot thick layer of miscellaneous fill was encountered below the topsoil in LB-01. The fill is generally composed of brown fine to medium sand with varying amounts of gravel, silt, and bricks. One SPT N-value from the fill layer was about 18 blows per foot (bpf). The relative density of the fill is medium dense. The fill layer is generally classified as SP-SM (poorly- graded sands) in accordance with the Unified Soil Classification System (USCS). Silt—A layer of silt ranging from about 1.5 to 3 feet thick was encountered below the topsoil or fill in all borings except LB-04 The silt is generally composed of light brown to orange brown silt with various varying amounts of sand, clay and roots SPT N-values from the silt layer typically range from about 10 to 24 bpf. The relative consistency of the silt is stiff to very stiff The silt layer is generally classified as ML (inorganic silts) in accordance with the USCS Sand—A layer of sand ranging from about 1 to 7.5 feet thick was encountered below the topsoil and silt layers in all borings. The sand is generally composed of orange to reddish brown fine to coarse sand with varying amounts of gravel, silt, and clay. SPT N-values within the sand layer typically range from about 22 to 33 bpf The relative density of the sand is medium to dense. The sand layer is generally classified as SM (silty sand) in accordance with the USCS. Glacial Till Moraine—Glacial till moraine was encountered below the sand layer in all borings. All borings were terminated in this layer. The till is generally composed of reddish brown to brown clay and sand with varying amounts of silt and gravel SPT N-values within the till layer typically range from about 12 to 41 bpf The consistency of the clayey till is stiff to very stiff and the LA/VEAN Preliminary Geotechnical Engineering Letter Report 25 March 2021 Suffolk County Energy Storage 11("The Project") �J f L � Page 5 of 14 Greenport NY Langan Project No.. 190060901 relative density of the sandy till is medium to dense. The till layer is generally classified as CL (lean clay) and SM (silty sand) in accordance with the USCS. Groundwater — Groundwater was encountered in all borings during our subsurface exploration ranging from about 6 to 15 feet below existing site grades (corresponding to about el-4 to el +4) Groundwater should be expected to fluctuate with seasonal variation, utility breaks, precipitation, and construction activities. PRELIMINARY GEOTECHNICAL DESIGN RECOMMENDATIONS Preliminary Seismic Design This section presents the results of our seismic design recommendations for use per the 2020 New York State Building Code (NYSBC), which incorporates the International Building Code (IBC) 2018 with published amendments provided by State building officials. We have considered the soil conditions encountered in the borings to be consistent and representative of the soil conditions in the top 100 feet of soil at this site. The soil conditions found in the borings were used to determine site class and recommendations. Table 1 Seismic Design Values Description Parameter Recommendledl Value - Y Mapped Spectral Acceleration for short periods. SS 0.180 g Mapped Spectral Acceleration for 1-sec period: S, 0.05 g Site Class. — D—Stiff Soil Site Coefficient. Fa 1.6 Site Coefficient F, 2.4 5% damped design spectral response acceleration at short periods: SDS 0.192 g 5% damped design spectral response acceleration at 1-sec period- Sp, 0.081 g Anticipated Risk Category Seismic Design Category - B Based on the above spectral accelerations and the anticipated risk category we have estimated the Seismic Design Category (SDC) The structural engineer is responsible for confirming the appropriate use group, occupancy category, and final SDC for the proposed structure. It is our opinion that the site soils are not susceptible to liquefaction as defined in Section 1803.5.12 of the NYSBC. LANGAN Preliminary Geotechnical Engineering Letter Report 25 March 2021 Suffolk County Energy Storage//("The Project") ��Page 6 of 14 Greenport, NY Langan Project No: 190060901 Preliminary Foundation Evaluation and Discussion The proposed BESS may be constructed using thickened slab-on-grades, individual pier foundations (Sonotube®), or shallow foundations as outlined below. Thickened Slab-on-Grade The proposed battery storage containers, inverters and electrical components can be supported on a thickened slab-on-grade (i e , turndown slab or monolithic slab) using an allowable bearing pressure up to 1 kip per square foot (ksf) for bearing on silt, sand and glacial soils (topsoil and fill materials and not suitable for support). The thickened slab-on-grade at the perimeter should extend 24 inches below the lowest adjacent grade with additional materials outlined below. Some slab movement is anticipated during freeze-thaw cycles and should be accounted for by using flexible utility connections in the design.Alternatively,the slab edges may extend 48 inches below the lowest adjacent grade for frost protection and eliminate the need for flexible connections The thickened slab must be designed and constructed in accordance with the latest version of the American Society of Civil Engineers (ASCE) "Design and Construction of Frost- Protected Shallow Foundations" standard In general, the topsoil and fill should be removed and the subgrade proofrolled with a 10 ton vibratory roller prior to placing any slab, fill, or foam materials. Areas observed to yield should be addressed in accordance with the construction consideration section of this report A 6-inch- thick layer of gravel (3/4-inch clean crushed stone, sand, etc.) overlain by an extruded polystyrene (XPS) foam meeting the compressive strength for the bearing stated above, should be placed prior to constructing the thickened slab-on-grade. A minimum of 12-inches of non-frost susceptible fill (i.e., 3/4-inch clean crushed stone, gravel, etc.) should be placed over the XPS and below the slab. A preliminary design using an Air Freezing Index (AFI) of 500°F-days, and Mean Annual Temperature (MAT) of 50°F yields a ground insulation width (D9) of 16 inches beyond the edge of the slab, assuming the slab is 12 inches thick at the center. The XPS should be a minimum of 1-inch-thick with an R-value of 4.0 per inch. A generalized design and construction detail for the frost-protected slab is provided in Figure 1. The design can be refined when the concrete slab thickness and reinforcement has been designed by the structural engineer Proper drainage around the thickened slab-on-grade must be provided to minimize movement potential during freeze-thaw cycles. Differential movement could be caused by 1) non-uniform, significant wetting of the subsurface material, 2) the development frost heave due to moist frost- susceptible soil, and 3) scouring effects (i.e., wash away of soil due to runoff from the slab) around the edges of the slab. LANGAN Preliminary Geotechnical Engineering Letter Report 25 March 2021 Suffolk County Energy Storage 11("The Project") ���n3 � Page 7 of 14 Greenport, NY Langan Project No 190060901 UNHEATED SPACE Non-frost Susceptible Fill --\ Ground Insulation,R9 6"minimum Gravel/Sand layer Figure 1 Generalized Design and Construction for Unheated Frost-Protected Slab (NAHB Research Center, Inc.') Perimeter drains should be installed around the frost-protected slabs to divert water flow away during prolonged precipitation, snowmelt, or utility breaks The perimeter drains should consist of minimum 4-inch schedule 80 PVC perforated pipe surrounded by a 6-inch thick layer of 3/4-inch clean crushed stone. The stone and pipe shall be fully encased In filter fabric (Mirafi 140N or equivalent) Perimeter drains should be connected to the proposed site stormwater system by gravity (as feasible) or to a sump pump Individual Pier Foundations The proposed battery storage containers could be supported on pier foundations (i.e., Sonotube@) bearing on the natural sand or till material (topsoil and fill are unsuitable for foundation support) using a preliminary bearing pressure of 4 ksf. For preliminary sizing, we recommend 24-inch diameter Sonotube@ forms be installed to a depth of 8 feet below grade for loads up to 10 kips. Sonotube@ Tube Base@ footing forms can be used to increase the bearing area of the Sonotube@ if greater loads are proposed If SonotubeO Tube Base@ footing forms are used to increase the bearing area, the tube base forms should be constructed 48 Inches or deeper below the lowest adjacent grade for frost protection. Foundations should not be located so that one foundation is within the zone of influence of an adjacent foundation The zone of influence is taken as a 1H-1V projection extending outward and downward from the edge of the foundation ' 11 Revised Builder's Guide to Frost Protected Shallow Foundations"(2004)by NAHB Research Center,Inc https//www homeinnovation com/-/media/Files/Reports/Revised-Builders-Guide-to-Frost-Protected-Shallow-Foundations pdf LANGAN t Preliminary Geotechnical Engineering Letter Report 25 March 2021 Suffolk County Energy Storage//("The Project") (� ,/ Page 8 of 14 Greenport, NY �[(J Langan Project No.. 190060901 Shallow Foundations Shallow foundations are not currently shown on the concept plans, but are feasible to support the proposed dead loads. The proposed building can be supported on shallow foundations bearing on structural fill, natural sands, or glacial soils, using a preliminary allowable bearing pressure of 4 ksf. The topsoil, fill and silt are not suitable for foundation support and should be completely removed beneath all footings and should be replaced with structural fill. All exterior footings should be constructed 48 inches or deeper below the lowest adjacent grade for frost protection. Isolated column footings should have a minimum dimension of 3 feet and strip footings should have a minimum width of 2 feet even if smaller dimensions can be justified using the recommended allowable bearing pressure Foundations should not be located so that one foundation is within the zone of influence of an adjacent foundation, as described above. Settlement Settlements including total and differential settlements, and freeze-thaw movement should be evaluated once the structural loads are developed. For thickened slabs extending below the frost line or for individual pier foundations we anticipate total settlements to be on the order of 1-inch or less, and differential settlements across the slabs to be about '/z inch The majority of the settlement is expected to take place during construction and initial placement of equipment. Gravel Access Road The proposed gravel access road is limited to periodic maintenance vehicles following construction All vegetation and topsoil should be removed from within the proposed access roadway to expose a firm subgrade prior to placement of gravel surface materials. The roadway subgrade should be prepared in accordance with the Subgrade Preparation section of this report. A geogrid such as Mirafi RS280i, or equivalent, should be placed over the subgrade materials (existing soils or approved fill materials), and overlain with the roadway surface material to help distribute vehicular loads and minimize rutting over time. The roadway surface should be constructed from a minimum 6-inch-thick layer of No. 2 crushed stone gradation. We note that the stone roadway surface may require regular maintenance, with additional stone placement and regrading following potential rutting and long-term settlement, etc to maintain access to the site. CONSTRUCTION CONSIDERATIONS Excavation through the topsoil, fill, and natural soils can likely be performed using conventional earthmoving equipment (e.g., backhoes, excavators, dozers, etc.) 3 Size designation per the New York State Department of Transportation LANGAN Preliminary Geotechnical Engineering Letter Report 25 March 2021 Suffolk County Energy Storage 11("The Project') Page 9 of 14 Greenport, NY Langan Project No 190060901 !�G Topsoil should be stripped, stockpiled, and protected for reuse or export. The topsoil may have been exposed to herbicides or pesticides because of the historical use Environmental testing may be required to determine suitability for re-use on site or export for re-sale or disposal. Environmental sampling and testing was completed at the site by August Mack, and any additional testing, re-use, and disposal requirements should be coordinated with August Mack As evidenced in the borings, fill materials containing construction debris exist at the site If encountered during construction, these materials should be removed and handled in accordance with applicable environmental regulations, and replaced with structural fill in accordance with the fill placement recommendations in this report. The fill material may be suitable for re-use on site as a structural or general fill, provided it meets material and environmental requirements. Slab subgrades should be proofrolled with a 10 ton vibratory roller, and footing and utility subgrades should be proofrolled with a minimum 1 5-ton vibratory walk-behind vibratory roller. Soft areas identified during proofrolling should be excavated and replaced with approved structural fill Silt and clay materials are sensitive to moisture and may destabilize with weather, exposure, ect., which may require additional removal and replacement during subgrade preparation. All subgrades should be excavated level and should be free of loose debris and water. A Langan geotechnical engineer should observe all footing, pier and slab subgrades to confirm our recommendations. All excavations should be properly sloped or braced in conformance with applicable OSHA regulations including, but not limited to, temporary shoring, using trench boxes, or proper benching. All excavation and backfilling must be performed as specified herein,and in accordance with the project environmental engineer's recommendations Structural fill should be well-graded sand and gravel having a maximum particle size of 3 inches and no more than 10% passing the No. 200 sieve. Structural fill should be free of organics, clay, roots, concrete, other non-soil constituents, and other deleterious or compressible materials. Imported fill should be "clean fill" free of hazardous substances and meeting all local, state, federal regulations. Fill should be compacted in 12-inch thick lifts to 95% of its maximum dry unit weight as determined by ASTM D1557. The contractor may reuse the on-site fill, sand and glacial till as structural fill provided the soils meet the requirements for structural fill outlined above, and is approved by the environmental engineer. Note that the silt and glacial till layer consist of fine-grained materials and therefore, will likely not be usable as a structural fill (but may be able to be used as a general fill for landscaping, etc.).The overall amount of soil that can be reused will be dependent on the amount of fines present within the soil, the time of year the earthwork is carried out (i.e potentially inclement weather), and the earthwork contractor's ability to stage, aerate and process the material as necessary to facilitate placement and compaction. LANGAN Preliminary Geotechn1cal Engineering Letter Report 'f" 25 March 2021 Suffolk County Energy Storage ll("The Project") /��:}^� Page 10 of 14 Greenport, NY Langan Project No 190060901 Rainwater runoff into the foundation excavation must be controlled to limit disturbance of the subgrade Localized dewatering may be required to install some utilities. Gravel trenches and sumps with pumps can likely be used; however, the final dewatering measures required should be evaluated and designed by the contractor. The dewatering measures implemented should adequately dewater all foundation excavations during all phases of excavation work. Collected water should be discharged in accordance with applicable regulations LIMITATIONS The conclusions and recommendations provided in this preliminary report result from our interpretation of the geotechnical conditions existing at the site inferred from a limited number of borings. Actual subsurface conditions may vary. Recommendations provided are dependent upon one another and no recommendation should be followed independent of the others. Any proposed changes in structures or their locations should be brought to Langan's attention as soon as possible so that we can determine whether such changes affect our recommendations. Information on subsurface strata and groundwater levels shown on the logs represent conditions encountered only at the locations indicated and at the time of our exploration. If different conditions are encountered during construction, they should immediately be brought to Langan's attention for evaluation, because they may affect our recommendations This report has been prepared to assist the owner, architect, and structural engineer in the design process and is only applicable to the design of the specific project identified The information in this report cannot be used or depended on by engineers or contractors involved in evaluations or designs of facilities (including underpinning, grouting, stabilization, etc) on adjacent properties beyond the limits of that which is the specific subject of this report. Environmental issues (such as permitting or potentially contaminated soil and groundwater) are outside the scope of this study and should be addressed in a separate evaluation. LANGAN Preliminary Geotechnical Engmeenng Letter Report 25 March 2021 Suffolk County Energy Storage 11("The Project') Page 11 of 14 Greenport, NY Langan Project No.• 190060901 CLOSING We have appreciated being of service on this project, and look forward to working with you to successfully complete this project Sincerely, Langan Engineering, Environmental,Surveying, Landscape Architecture and Geology,D.P.C. Clay n Patterson, P E. Associate na-TDS/ACB/CAP/MF Enclosure(s). Figure 1 Site Location Figure 2 Surficial Geology Figure 3 Bedrock Geology Figure 4 Effective FEMA Firm Figure 5 Boring Location Plan Appendix A Langan Boring Logs Appendix B Laboratory Testing Results Wangan com\data\WPW\data9\190060901\Project Data\_Discipline\Geotechnical\Reports\190060901-Geotechnical Engineering Report 2021-03-25 docx LANGAN FIGURES LANGAN OW 4 „ D"A' r ve f x f W E 'Theater _ # e A w Subs.tation # y AV B '! APPROXIMATEal ' . SITE LOCATION „�- � - C 0&..1 1k IkAft &a 140 t V Ilka 4r #-A ,. 3 Legend 0 250 _ 500 Q Site Boundary iy Feet AM 7 311 Copynghi 2013 National Geographic Soaetyb',i lhedi®2013 National Geographic Society,I-cubed L A NGA N Project Drawing Title Project No. Figure Suffolk II Battery SITE LOCATION 190060901 1 North Broadway Suite 910 Date W1vte Plai.,Ny 10801 Storage T8/28/2020 914.323.7400 F.914.323.7401 wvvwlangan.com Scale Langan Engineering&Environmental Services,Inc. 1:500 c Langan Engineering,Environmental,Surveying,Landscapern Architecture and Geology,D.PC, Drawn By Langan International GREENPORT Site Analyzer Collectively known as Langan Submission Date o SUFFOLK COUNTY NEW YORK 08/28/2020 Disdaimer.This Informabon is produced by an automated system and may not be compete.The absence of a feature is not a confirmation that the feature is not present at the subject location.Information produced is in the pudic domain and unless noted has not been field verified or provided for any speafic use.Users are also cautioned to confirm the information shown is suitable for tho—fended use Spatial Reference.11983 StatePoane New York Long Island FPS 3104 Feet 4 N W E S A B APPROXIMATE SITE LOCATION C D Legend Q Site Boundary og - Outwash Sand and Gravel 0 10o zoo tm -Till Moraine Feet Mal Sources-.Esn,HERE,Gamin,Intermap,increment P Corp.,GEBCO,USGS,FAO,NPS,NRCAN,GaoBase,IGN,Kadaster NL,Ordnance Survey,Esn Japan,ME n,Elm China(Hong Kong),(c)OpenStreetMap conmbutors,and the GIS User Community;Created for SEMO by the NYS Geological Survey L A NGA N Project Drawing Title Project No Figure Suffolk II Battery Date 190060901 t North Broadway suds ata White Plaids,W 1080, Storage SURFICIAL a/zs/zozo 2 T914.323,7400 F.914.323.7401 www.langanoom Scale Langan Engineering&Environmental Semces,Inc. G EO LOGY 1:200 Langan Engineenng,Environmental,Surveying,Landscape rn Architecture and Geology,D.PC. Drawn By Langan International GREENPORT Site Analyzer 0 Collectively known as Langan Submission Date o SUFFOLK COUNTY NEW YORK 08/28/2020 Disclaimer'.This information is produced by an automated system and may not be complete.The absence of a feature is not a confirmation that the feature is not present at the subject location.Information produced is in the public domain and unless noted has not been field veered or provided for any specific use.Users are also cautioned to confirm the information shown is suitable for their intended use. Spatial Reference;NAD 1983 StatePlane New York Long Island RIPS 3104 Feet N WE A SSSSS B APPROXIMATE TE LOCATION C D Legend Y, 17-7 Site Boundary 4 Km - Costal Plain Deposits- Monmouth Group, Matawan o 100 zoo Group and Magothy Formation k Feet Sources.Esn,Airbus DS,USGS.NGA.NASA CGIAR.N Robinson,NCEAS,NLS,OS,NMA,Geodati styrelsen,Rijkswaterstaat.GSA,Geoland.FEMA Imennap and the GIS user community,Em Community Maps Contributes,Suffolk County, UConn/CTDEEP,BuildngFootpnntUSA Esn.HERE,Gamin,SafeGraph,INCREMENT P,METUNASA,USGS,EPA,NPS,US Census Bureau,USDA; L A NGA N Project Drawing Title Project No. Figure Suffolk II Battery BEDROCK Date 90060901 1 North Broadway Suite 910 whde Plains,NY 10601 Storage GEOLOGY 9/29/2020 L wwwl3 914.323.7400 F:914.323.7401 antgan.com Scale Langan Engineering&Environmental Services.Inc. 1:200 Langan Engineering,Environmental,Surveying.Landscape Drawn By o' Ardnitedure and Gedogy,D PC c Langan Irbermalior al GREENPORT Site Analyzer CdlecbvMy known as Langan Submission Dale o SUFFOLK COUNTY NEW YORK 08/28/2020 01 Disclaimer:This information is produced by an automated system and may not be complete.The absence of a feature is not a confirmation that the feature is not present at the subject location.Information produced is in the public domain and unless noted has not been field velmol or provided for any specific use Users aro also cautioned to confirm the information shown is suitable for areir intended use. Spatial Reference:NAD 1983 StatePlane New York Long Island FIPS 3104 Feet i lav 2 3 4 e - � N W E �y: S A i i 0.2 F'CTANNUAL�CHANCE FLOOD HAZARDZoneX � °``' ' -A AREA OF MINIMAL` FL,O.QD HAZARD Zone X - 7n - APPROXIMATE '" SITE LOCATIONro F � - m g 3 f f j ;� 3 Ref 6 Legend e f- Q Site Boundary - 1%Annual Chance Flood 0.2%Annual Chance Flood D"" Hazard ISO Hazard — Cross-Sections � - Regulatory Floodway Future Conditions 1%Annual -:. Limit of Moderate Wave Action Chance Flood Hazard Special Floodway / Other Boundaries Area with Reduced Risk Due to Area of Undetermined Flood Levee Limit Lines Hazard 0 125 250 SFHA/Flood Zone Boundary - Feet Source:Esri,Maxar,GeoEye,Earthstar Geographic,CNES/Airbus DS,USDA,USGS,AeroGRID,IGN,and the GIS User Community,FEMA,FEMA RlskMap CDS Project Drawing Title Project No. Figure LANGAN Suffolk II Battery EFFECTIVE FEMA FIRM 190060901 1 North Broadway S Ah 910 Date Whito Ptasts.NY 10601 Storage 8/28/2020 4 T 914.323.7400 F..914.-429.7401 swwlaxrgan.curn Scale Langan Engineenng 8 Environmental Services,Inc. 1:250 Langan Engineering Environmental,Surveying,Landscape Architecture and Geology,D.PC. Drawn By Langan International GREENPORT Site Analyzer Collectively known as Langan Submission Date o SUFFOLK COUNTY NEW YORK 08/28/2020 Declaimer This information is produced by an automated system and may not be complete.The absenceof a feature is nota confirmation that the feature is not present at the subject location.Information produced is in the pudic domain and unless noted has not been field verified or provided for any speafic use.Users are also cautioned to confirm the Information shown is suitable for their Intended use. Spatial Reference:NAD 1983 StatePlans New York Long Island FPS 3104 Feet 1 2 13 4 5 6 7 8 MAIN ROAD MAIN ROAD � (%S.1? 2.5,) 25 NOTES f51 148 07" N45'x7'40"E A — — e— 1 BOUNDARY AND TOPOGRAPHIC INFORMATION OBTAINED 87 is 9s —9a- --_ ---- __ FROM A SURVEY ENTITLED "EXISTING CONDITIONS PLAN, xa 13 j, `---------- GREENPORT, NY - SCTM$1000-45-05-01" BY LAND `-� DESIGN ASSOCIATES ENGINEERING, SURVEYING & LANDSCAPE ARCHITECTURE DPC, DATED 22 OCTOBER 2019 J 1 1 2 ALL BORING LOCATIONS ARE APPROXIMATE ( t �4 I l rlr r:r l 3 ELEVATIONS REFERENCE AN UNKNOWN DATUM 1 / I 4 PROPOSED SITE INFORMATION OBTAINED FROM A PLAN LB-04 � _i I /� PROJECT SUBSTATION SAVION ENERGYODATED 20 AUGUST 2020- 69 kV' BY COUNTY STORAGE 11 B i i LB-01` i i � i _ `~` 5 BORINGS LB-01 THROUGH LB-04 WERE DRILLED BY L ` ` I� BATTERY STORAGE AQUIFER DRILLING AND TESTING INC (ADT) ON 31 CONTAINER (TYP) AUGUST 2020 UNDER THE FULL-TIME OBSERVATION OF A LANGAN FIELD ENGINEER LEGEND LB-01 LANGAN BORING LOCATION 0 X I PROPERTY LINE I I I `ISI•---•.. I 1 � i/ II PROJECT SUBSTATION/ LBI SWITCHGEAR LB-02 INVERTER (TYP) SWITCHGEAR INVERTER ------------ ACCESS ROAD D I I -� i i ': BATTERY STORAGE CONTAINER 114 30000 541'04'10"W/ a e � E WARNING-IT IS A VIOLATION OF THE NYS LANGAN Project Drawingn0o F.op1 0 gore No 90060901 EDUCATION LAW ARTICLE 145 FOR ANY PERSON, 40 0 10 25 40 L-+p°°E,g,�yy,�yy� ,�, SUFFOLK COUNTY II Da°0 UNLESS HE IS ACTING UNDER THE DIRECTION OFA �n°B®P0 10� '° � ENERGY STORAGE BORING AUGUST 28.2020 c LICENSED PROFESSIONAL ENGINEER,TO ALTER THIS 1wme+me eysae eto prom ey 5 ITEM IN ANYWAY SCALE 1 INCH = 40 FEET wmaF�D,Nr1ceo1 TOWH�GR LOCATION PLAN a«xw e s T 614M M0 F 9143237QI°velagen.mn SUFFMC UNly NEyYORK ACB Snort 1 of 1 FJeeame W,,p,wmNata\WTM4oto911x0000901Wtoloct Data`CAO``D1l5he°tFiles\Gaotachnkal\190060901-fiL101-0101 dw Dato 10/MMD r—1247 U.,taM Style TU,1n00aD,W layout ANSI&BL u APPENDIX A BORING LOGS LANGAN LANGAN Log of Boring LB-01 Sheet 1 of 1 Project Project No Suffolk County Energy Storage II 190060901 Location Elevation and Datum 69430 Main Rd 10 Drilling Company Date Started Date Finished Aquifer Drilling&Testing 8/31/20 8/31/20 Drilling Equipment Completion Depth Rock Depth Geoprobe 7822 DT 12 ft N/E Size and Type of Bit Disturbed Undisturbed Core 2-7/8in Tricone Roller Bit Number of Samples 5 N/A N/A Casing Diameter(in) Casing Depth(ft) Water Level(it First Completion 24 HR 4m -2 6 T 2 Casing Hammer Weight(Ibs) Drop(in) Dnlling Foreman Sampler Dan Mendoza a 2-inch-diameter split spoon, Field Engineer g Sampler Hammer Weight(Ibs) Dro rrin) Automatic 1401bsQinches Eamonn Coleman Sample Data ;m Elev Depth � c N-Value Remarks m (ft) Sample Description Scale >�a v v u H O (Blows/ft) (Drilling Fluid,Depth of Casing, o a m F - m Fluid Loss,Dnlling Resistance,etc) m 100 z o_ m 10 zo ao ao +s s Brown silty fine-medium SAND,trace fine gravel,trace brick 0 :S-1A 5 i at Oft (dry)[TOPSOIL] o rown ine m lum SAND,trace silt,trace tine grave,trace 18 ' brick 11 (dry)[FILL] s-18 15 o Brown fine-medium SAND,trace silt,trace fine gravel,trace 2 12 I S-2 at 2ft +75 — I i brick 10 I ° (dry)[FILL] 3 n — 21 j Light brown SILT,some fine sand 14 i +60 15 LU': O angish brown silty fine-medium SAND 4 s-ze 10 I S-3 at Oft a (dry) 171) 13 � : 5 n 2 11 Z : I 14 S-4 at 6ft o ;•,•.•;;• Orangish brown silty fine-medium SAND,trace fine gravel 6 16 (wet) 13 0 7 32. 2022 z 8 Drill to 10 feet 9 i l U LU 10 0 S-5 at 10ft 0 .••,. :. Oranglsh brown silty fine-medium SAND,trace fine gravel 25 w (wet) 12 i 11S-5 10 I22, -15 F5 o Reddish brown CLAY,some silt,trace gravel S-51316 (moist)[TILL] 12 Boring backfilled with soil o om o ring ; cuttings,sand and bentonite 13 i ; chips to surface grade U � ° 14 a o 0 15 � I I 16 o , 17 3 I a � I 0 18 o ( I ' Z 19 g 20 HSI I J� LANGAN Log of Boring LB-02 Sheet 1 of 2 Project Project No Suffolk County Energy Storage II 190060901 Location Elevation and Datum 69430 Main Rd 10 Drilling Company Date Started Date Finished Aquifer Drilling&Testing 8/31/20 8/31/20 Drilling Equipment Completion Depth Rock Depth Geo robe 7822 DT 27 ft N/E Size and Type of Bit Disturbed Undisturbed Core 2-7/8in Tncone Roller Bit Number of Samples 9 N/A N/A Casing Diameter(in) Casing Depth(ft) Water Level(ft) First Completion 24 HR 4m E 8 1 Casing Hammer Weight(Ibs) Drop(in) Drilling Foreman Sampler Dan Mendoza 2-inch-diameter spilt spoon, Field Engineer 5 Sampler Hammer Automatic Weight(lbs) 1401bs Dro3p finches Eamonn Coleman 0 Sample Data rcm Elev Depth d , N-Value Remarks r (ft) Sample Description Scale E ,tea v^c_ ° (Blows/ft) (Drilling Fluid,Depth of Casing, °a w F- d" m iu m Fluid Loss,Drilling Resistance,etc) d +100 z 0- a �0 20 30 40 Orangish brown sandy SILT,trace roots 0 1 at a +95 (dry)[TOPSOIL] -S-1A 2 o Orangish brown to gray clayey SILT,trace roots,mottled 1 °D j (dry) 3 S-1 B o Orangish brown to gray clayey SILT,trace fine sand,trace 2 3 S-2 at 2ft Nroots,mottled s 8 m y +7 0 (moist) 3 In °' 22 Orangish brown fine-coarse SAND,trace silt,trace fine gravel 14 o casing to 4ft +60 (moist) 4 -S-2B 15 9 Reddish brown silty SAND,trace fine gravel10 S-3 at 4ft (moist)[TILL] M11 i F- 5 w 04 13 2 I Z U11 13 Reddish brown silty fine-medium SAND,trace clay 6 14 ; S-4 at 6ft (moist)[TILL] 17 _ 9 7 u' N 12 0 24 Drive casing to 8ft Z Reddish brown CLAY,some silt,trace fine sand - 8 5 I S-5 at 8ft a (wet)[TILL] 7 z 9 u) N N 10 1 LU x 13 ° Reddish brown CLAY,some silt,trace fine sand 10 18 S-6 at 10ft 2 (wet)[TILL] a 11 N 15 26 41 U N_ 26 ° 12 Drill to 15ft,easy drilling 0 U 13 U I g 14 0 Reddish brown CLAY,trace silt 15 5 I S-7 at 15ft (wet)[TILL] 7 16 cn N 9 1 0 `S 12 3 17 a a ° 18 0 0 U 19 Drill to 20ft,easy drilling Z g 20 ' LANGAN Log of Boring LB-02 Sheet 2 of 2 Project Project No Suffolk County Energy Storage II 190060901 Location Elevation and Datum 69430 Main Rd 10 ao Sam le Data wm Elev Depth d0 > N-value Remarks Sample Description Scale E r g =y° (Blowstit) (Drilling Fluid,Depth of Casing, m -10 0 . r- it a.`� 0 2 m 10 20 30 40 Fluid Loss,Drilling Resistance,etc) Reddish brown CLAY,trace silt 20 5 at 20ft (wet)[TILL] 00 7 21Ch u N 10 17 I 22 14 j I ' 5 23 24 ( Drill to 25 feet,easy drilling o a d Reddish brown CLAY,trace silt 25 z 6 i S-9 at 25ft a (wet)[TILL] 26 W N 1210 ;zz) � I n ' N 17 0 Bottom of boring at 27ft 27 I Boring backfilled with soil m cuttings,sand and tonne 28 ( chips to surface grade i I W ! i W 29 � I , a I W 30 z j Wi 31 32 ' o j z 33 z 34 x U 0 35 W73 j z 36 a U U) 37 I 0 38 W a 39 rn ! 40 I I i ! 41 3 42 a I , 43 � I o a 44 z g 45 LANGAN Log of Boring LB-03 Sheet 1 of 1 Project Project No Suffolk County Energy Storage II 190060901 Location Elevation and Datum 69430 Main Rd 11 Drilling Company Date Started Date Finished Aquifer Drilling&Testing 8/31/20 8/31/20 Drilling Equipment Completion Depth Rock Depth Geoprobe 7822 DT 17 ft N/E Size and Type of Bit Disturbed Undisturbed Core 2-7/81n Tricone Roller Bit Number of Samples 7 N/A N/A Casing Diameter(in) Casing Depth(ft) Water Level(ft) First Completion 24 HR 41n 57_ 15 1 Casing Hammer Weight(Ibs) Drop(in) Drilling Foreman Sampler Dan Mendoza a 2-inch-diameters ht spoon, Field Engineer g Sampler Hammer Weight(Ibs) Dr o rfn) Automatic 140lbs 3Qinches Taylor Sisti Sample Data 0 a<O$� Elev Depth d Remarks r (n) Sample Description Scale E r c ;, (Blowstft) (Dnlling Fluid,Depth of Casing, m w +11 z' `'a Fluid Loss,Drilling Resistance,etc) 0 20 30 40 >—'•; Dark brown silty fine-medium SAND,trace roots 0 a a' •• +105 (dry)[TOPSOIL] S-1 o Orangish brown to gray SILT,some f-m sand,trace clay, 1 N 3 r mottled o a Q (dry) -3-1B 7 o Oranglsh brown to gray SILT,some f-m sand,trace clay, 2 B 7 S-2 at 2ft N mottled � +75 (dry) 3 S- 20 w 1815 31. Oranglsh brown to brown fine-medium SAND,some silt,trace23 Drive casing to 4ft,drill to 4ft clay,trace fine gravel 4 S-3 at 4ft o± .ti'•. :•• +6 4 (dry) S-3 � Orangish brown to brown fine-coarse SAND,some silt,trace �, N z5 trace fine gravel 5 v' N LU moist) sae s ( 0 rown silty ,some -c sari (moist)[TILL] 6 1314 S-4 at Eft Brown silty CLAY,some f-c sand,trace fine gravel 16 (moist)[TILL] 7 n N CO 32 37 Drive casing to 8ft,drill to 8ft Z Brown clayey SILT,trace fine sand 8 11 S-5 at 8ft (moist)[TILL] Z 9 U) m 1 0 9 9 x W 14 WBrown clayey SILT,trace fine sand 10 S-6 S-6 at 1Oft W (moist)[TILL] Z Brown silty fine-medium SAND,trace clay 11 Cn ` a (moist)[TILL] 16 U SSB 31 �i 12 '¢ 32 i- ❑ 13 U W 0 O a 14 Drill to 15ft,easy drilling s o Brown fine-medium SAND,some silt - 15 10 S-7 at 15ft (wet)[TILL] 16 m N 1314 13 3 I's C 17 Boring backfilled with soil a Bottom of boring at 17ft a cuttings,sand and bentonite ❑ 18 chips to surface grade 0 0 U Z 19 s 20 LANGAN Log of Boring LB-04 Sheet 1 of 2 Project Project No Suffolk County Energy Storage II 190060901 Location Elevation and Datum 69430 Main Rd 10 Drilling Company Date Started Date Finished Aquifer Drilling&Testing 8/31/20 8/31/20 Drilling Equipment Completion Depth Rock Depth Geo robe 7822 DT 22 ft N/E Size and Type of Bit Number of Samples Disturbed Undisturbed Core 2-7/8in Tricone Roller Bit g N/A N/A Casing Diameter(in) Casing Depth(ft) Water Level(ft) First Completion 24 HR 31n a 6 t Casing Hammer Weight(Ibs) Drop(in) Drilling Foreman Sampler Dan Mendoza Z 2-inch-diameters lit spoon, Field Engineer 5 Sampler Hammer Automatic Weight(lbs) 1401bs Drop(inches Taylor Sisti o Qo 0 Sample Data 0 <Xm Elev Depth d c_ N-Value Remarks r r (ft) Sample Description Scale E >a ' c N fO (Blows/ft) (Dolling Fluid,Depth of Casing, a w F- °"'d 2 Fluid Loss,Dnlling Resistance,etc) m 100 z o: a m to zo ao ao _ +99 Dark brown silty fine-medium SAND,trace roots 0 z Oft at a (dry)[TOPSOIL] z is brown silty tine-medium race roo s 1 Cn r` (dry) 3 :S-1B 0 4' +80 3 o 2 Reddish brown silty CLAY,some f-m sand z j S-2 at 2ft (moist)[TILL] S-2A 2 Reddish brown to gray silty CLAY,some f-m sand,mottled 3 z (moist)[TILL] S-2E3 3 i Drive casing to 4ft,drill 4ft UJ Reddish brown to gray silty CLAY,some f-m sand,mottled 4 3 I S-3 at 4ft a (moist)[TILL] Of -W 5 S3 n N 5 7 12 Z LU Reddish brown to gray clayey fine SAND,some silt,mottled S-3B 8 o (moist)[TILL] - 6 B S-4 at Eft o Reddish gray fine medium SAND,some silt,trace clay (wet)[TILL] 7 (n N 9 9 �, 10 0 12 Drive casing to 8ft,drill to 8ft Z Reddish gray fine-medium SAND,some silt 8 Z 12 S-5 at 8ft a (wet)[TILL] 1B U 9 S-5 W N $ = Reddish brown fine-coarse SAND,some silt,trace clay,trace 18 W fine gravel S-58 10 o (wet)[TILL] 10 8 S-6 at 1Oft Reddish brown fine-coarse SAND,some silt,trace clay,trace z fine gravel S-8 �, �. 8 CL 11 " N 1s z (wet)[TILL] CL Reddish brown silty CLAY,some f-m sand S-66 22 of (wet)[TILL] 12 a a ° 13 U W 0 a 14 Drive to 14ft,drill to 14ft,easy s drilling M Reddish brown silty CLAY,some f-m sand 15 4 S-7 at 15ft (wet)[TILL] r 5 16 (n N 9Zoo 1 0 11 3 17 a 18 Drive casing to 18ft,drill to 18ft,easy drilling Z 19 5 zo el C LANGAN Log of Boring LB-04 Sheet 2 of 2 Project Project No Suffolk County Energy Storage II 190060901 Location Elevation and Datum 69430 Main Rd 10 J Sam le Data 5E Elev m Depth d N-Value Remarks Sample Description(n) Scale yf t) inlsF@ Casing, n a.EM to zo 3o ao Fluid Loss, Depth sstanceetc ) -100 z Reddish brown silty CLAY,trace f-m sand 20 a at 20ft (wet)[TILL] 21 CO N g 5 1 -120 B Bottom of boring at 22ft 22 I Boring backfilled with soil Z cuttings,sand and bentonite z 23 chips to surface grade 3 24 0 o M 25 i E EL 0 26 27 N_ O) � N_ ° 28 a W w 2g it a i W 30 z W, m 31 o i o i 0 m N 32 o z 33 J a U 34 z J: U 0 35 W W 36 CL U V) 37 1 F 38 U W 0 a 39 b m 0 40 rn � rn i < 41 a 0 42 r a 0 43 0 U z 44 z g 45 APPENDIX B LABORATORY TESTING RESULTS LANGAN Client: igan Engineering Project: a BEES Site#0901 Location: Long Island, NY Project No: GTX-312450 Boring ID: LB-01 Sample Type: lar Tested By: ckg E X P R E S S Sample ID: S-3 Test Date: 10/15/20 Checked By: bfs Depth : --- Test Id: 581978 Test Comment: --- Visual Description: Moist, dark yellowish brown clayey sand Sample Comment: --- Moisture Content of Soil and Rock - ASTM D2216 Boring ID., ' "Sample ID Depth•- Description Moisture, Content,%?' LB-01 S-3 --- Moist,dark yellowish brown clayey sand 9.9 Notes: Temperature of Drying : 1100 Celsius printed 10/23/2020 11 33.13 ANI Client: igan Engineering Project: a BEES Site#0901ing r Location: Long Island, NY Project No: GTX-312450 Boring ID: LB-01 Sample Type: lar Tested By: ckg E X P R E S S Sample ID: S-3 Test Date: 10/14/20 Checked By: bfs Depth : --- Test Id: 581979 Test Comment: --- Visual Description: Moist, dark yellowish brown clayey sand Sample Comment: --- Amount of Material Passing #200 Sieve - ASTM D1140 Boring ID Sample ID Depth Visual Description Fines, LB-01 S-3 --- Moist, dark yellowish brown clay 39.9 Notes: Tests performed using Method B-washing using a wetting agent Dry mass of test specimen was determined directly " printed 10/23/2020 11 31 45 AM Client: igan Engineering Project: Li BEES Site#0901 Location: Long Island, NY Project No: GTX-312450 Boring ID: LB-03 Sample Type: far Tested By: cam E X P R E S S Sample ID: S-4 Test Date: 10/23/20 Checked By: bfs Depth : --- Test Id: 581977 Test Comment: --- Visual Description: Moist, brown clay Sample Comment: --- Atterberg Limits - ASTM D4318 Plasticity Chart 60 50 .......... ...... : ....... . ..... . "LP:tine 40 ..... ....... ...... ,a. irie CH qr OH 30 ....... ...... .........i....... ..... N iL 20 ...... ..... ...... .. ............... ...... ....... ,CL or 10 ......... ......��........:.. ;...... ......MH-6r-OH...:. ...... CL-ML: ML of OL 0 0 10 20 30 40 50 60 70 80 90 100 Liquid Limft Symbol Sample ID. Boring Depth Natural' 'Liquid Plastic, Plasticity Liquidity Soil Classification Moisture Limit Limit Index Index Content,"/o r• S-4 LB-03 --- 17 35 18 17 -0.1 Sample Prepared using the WET method Dry Strength: VERY HIGH Dilatancy: SLOW Toughness: LOW printed 10/26/2020 2 39 26 PM Client: lgan Engineering Project: LI BEES Site #0901 Location: Long Island, NY Project No: GTX-312450 Boring ID: LB-04 - Sample Type: jar Tested By: cam E X P R E S S Sample ID: S-3A Test Date: 10/23/20 Checked By: tifs Depth : --- Test Id: 581976 Test Comment: Visual Description: Moist,gray clay Sample Comment: --- Atterberg Limits - ASTM D4318 Plasticity Chart 60 50 .. .......... ....... ` "U',tine I ide 1 40 :.................. .........yah........ ......... ..... ' CH qr OH 30 .... :�i..... .......... . .... .... d 20.......... ..... . .. .. . ,CC or OL 10—. ... ..... ........... .....................:........:.....MH Or•OH......... .. CL-ML ML of OL 0 0 10 20 30 40 50 60 70 80 90 100 Liquid Limit Symbol Sample ID Boring Depth i Natural Liquid Plastic Plasticity Liquidity Soil Classification Moisture Limit Limit Index Index- Content S-3A LB-04 --- 23 43 19 24 0.2 Sample Prepared using the WET method Dry Strength: VERY HIGH Dilatancy: SLOW Toughness: LOW u D -5 56- R 6 2021 guard 0# F,,,,jmQg Appals printed 10/26/2020 2 39 27 PM A V�•,t,(J &�-7 SAV 10 N 422 Admiral Blvd, Kansas City, MO 64106 A RENEWABLE ENERGY COMPANY www.savionenergy.com p� rrCC C(� 1+0 3S via e-mail Attachment MAR % 6 2021 March 26,2021 Zoning Board Of Appeals Leslie K.Weisman,Chairperson and Board Members Zoning Board of Appeals Town of Southold 54375 State Route 25 Southold,NY 11971-0959 kimf@southoldtownnV.gov elizabeth.sakarellos@town.southold.nv.us Re: Suffolk County Energy Storage II,LLC Application for Special Exception#463SE NYSDEC Division of Fish&Wildlife Natural Heritage Program Correspondence Dear Ms.Weisman: This letter is in response to your Ms.Elizabeth Sakarellos'March 24,2021 e-mail request to our Project Counsel Mr. Steven Losquadro, Esq. requesting all subject correspondence "concerning the wildlife occurring on the [proposed Project]Site". Consistent with all Applicant pre and post filed representations to the ZBA made to-date regarding the subject Special Exception Application: 1. All proposed Project Site wildlife-related communications have, in fact, been limited to NYSDEC's Division of Fish&Wildlife NY Natural Heritage Program(NYNHP). 2. Attached as Exhibit A hereto and made a part hereof,is NYNHP's August 26,2020 response to the Applicants online request for information on RT&E species,and significant natural communities occurring in the vicinity of the proposed Project Site. 3. Attached as Exhibit B hereto and made a part hereof, is AKRF's (Project's independent environmental consultant)January 14,2021 letter to NYSDEC: a. Providing AKRF's October 30,2020 Rare,Threatened and Endangered Species(RT&E)Survey Field Report conducted on the proposed Project Site;and b. Seeking NYSDEC's concurrence with AKRF's October 30, 2020 field assessment findings &conclusions that the proposed Site does notcontain suitable habitat for RT&E species noted with the potential to be present on the proposed Site and therefore,would be considered absent on the proposed Project Site. Sincerely, Jason C.Funk Director Permitting and Environmental RECEIVED -740'355 MAR 2 6 ZGZ1 Zoning Board Of Appeals EXHIBIT A NYNHP RESPONSE DocuSign Envelope ID•2219DCA5-07F5-4920-AAF IDEB388A45 New York Natural Heritage Program4 Report on State-listed Animals The following state-listed animals have been documented l5� in the vicinity of the project site. The following list includes animals that are listed by NYS as Endangered, Threatened, or Special Concern; and/or that are federally listed. For information about any permit considerations for the project,contact the NYSDEC Region 1 Office, Division of Environmental Permits, at dep.rl@dec.ny.gov,(631)444-0365. The following species have been documented within 0.4 mile of the project site. COMMON NAME SCIENTIFIC NAME NYSTATE LISTING FEDERAL LISTING Least Tern Stemula antillarum Threatened 13163 Breeding This report only includes records from the NY Natural Heritage database. If any rare plants or animals are documented during site visits,we request that information on the observations be provided to the New York Natural Heritage Program so that we may update our database. Information about many of the listed animals in New York, including habitat, biology, identification, conservation,and management, are available online in Natural Heritage's Conservation Guides at www.guides.nynhp.org, and from NYSDEC at www.dec.ny.gov/animals/7494.html. RECEIVED lq(,03515 MAR 2 6 2021 Zoning Board Of Appeals 8/26/2020 Page 1 of 1 DocuSign Envelope ID:2219DCA5-07F5-4920-AAF1�atDEB388A45 Report on Rare Animals, Rare Plants, and 4 New York Natural Heritage Program Significant Natural Communities The following rare plants, rare animals, and significant natural communities have been documented in the vicinity of the project site. We recommend that potential impacts of the proposed project on these species or communities be addressed as part of any environmental assessment or review conducted as part of the planning, permitting and approval process, such as reviews conducted under SEQR. Field surveys of the project site may be necessary to determine whether a species currently occurs at the site, particularly for sites that are currently undeveloped and may still contain suitable habitat. Final requirements of the project to avoid, minimize, or mitigate potential impacts are determined by the lead permitting agency or the government body approving the project. The plants in this report are listed as Endangered, Threatened, or Rare by New York State, and are a vulnerable natural resource of conservation concern. The animals in this report,while not listed by New York State as Endangered or Threatened, are rare in New York and are of conservation concern. The natural communities in this report are considered significant from a statewide perspective by the NY Natural Heritage Program. Each community is either an example of a community type that is rare in the state, or a high-quality example of a more common community type. By meeting specific, documented criteria, the NY Natural Heritage Program considers these community occurrences to have high ecological and conservation value. COMMONNAME SCIENTIFIC NAME NYSTATELISTING HERITA GE CONSER VA TION STA TUS The following species and natural communities have been documented within.1 mile of the project site. Swamp Cottonwood Populus heterophylla Threatened Imperiled in NYS Arshamomaque Wetland,north of project site and northwest of Main Street,2012-06-28:The plants are in a forested wetland. Red Maple-Swamp White Oak Swamp Rare Community Type Arshamomaque Wetland,north of project site and northwest of Main Street:The community is a mature,mostly intact swamp with less than 1%exotic plants in a post-agricultural,recovering landscape of upland forest,hardwood swamps, freshwater wetlands,and brackish and estuarine communities.It is small,but may be large for this vegetation association. White-Edged Sedge Carex debilis var. debilis Threatened Imperiled in NYS Arshamomaque Wetland,north of project site and northwest of Main Street,2012-06-26:The plants are in rich,moist woods and a red maple hardwood swamp with numerous streams,wet spots,and trails.The area is quite extensive and diverse. Coastal Oak-Hickory Forest High Quality Occurrence of Uncommon Community Type Moores Woods,north,northeast,and southeast of the project site-A fairly large,mature,uniquely diverse coastal oak- hickory forest with some evidence of past disturbance but few invasive exotic species.This forest forms the core of a recovering,protected landscape surrounded by development. Annual Saltmarsh Aster Symphyotrichum subulatum Threatened Imperiled in NYS var. subulatum Cia Cia Pond,south of project site,just north of Pipes Neck Road,2012-09-27:This site consists of a small presumably brackish pond adjacent to two roads.A single clump of the rare aster was southern edge of the pond. 04CEIVED q�3S� 8/26/2020 MAR 2 6 2021 Page 1 of 3 i +lining Board Of Appeals DocuSign Envelope ID,2219DCA5-07F5-4920-AAF!, '�DEB388A45 COMMONNAME SCIENTIFICNAME NYSTATELISTING +01&CONSERVATIONSTATUS The following species and natural communities have been documented within.1 mile of the project site.(cont.) Dragonflies and Damselflies Rambues Forktail Ischnura rambudi Unlisted Imperiled in NYS Needham's Skimmer Libellula needhami Unlisted Vulnerable in NYS Seaside Dragonlet Erythrodiplax berenice Unlisted Imperiled in NYS Cia Cia Pond,south of project site,just north of Pipes Neck Road,2012-07:Cia Cia Pond pond is shallow with a muddy to mucky substrate,but clear water,with lots of aquatic submerged macrophytes.The pond is bordered by sedges emerging along the shore,then a tall row of Phragmites with some greenbnar.Crabs were observed in the pond,suggesting some brackish content. The following species have been documented within.2 mile of the project site. Dragonflies and Damselflies Four-spotted Pennant Brachymesia gravida Unlisted Critically Imperiled in NYS Needham's Skimmer Libellula needhami Unlisted Vulnerable in NYS Sill Pond,east of project site on Road C near railroad,2012-07-11:Sill Pond is a deep pond with a wooded and shrubby border and containing fish and pickerel weed. Seaside Agalinis Agalinis maritima var. Threatened Imperiled in NYS maritima Pipes Cove,extending to mouth of Moores Drain southeast of project site and to wetlands south of project site on south side of Pipes Neck Road,2012-09-27:The plants are around the upland edge of a salt marsh. The following species have been documented within.3 mile of the project site. Marsh Fern Moth Fagitana littera Unlisted Imperiled in NYS Arshamomaque,northwest of project site,2012-07-12:The moths were captured in a light trap in a shrubby area within a forested wetland and adjacent to a cattail marsh with an open water area. Sea Pink Sabatia stellaris Threatened Imperiled in NYS Along Moores Drain,northeast of project site,2004-09-15.The plants are in the high salt marsh on the edges of the islands and the perimeter of the marsh under Iva fmtescens Bigelow's Glasswort Sa/icomia bigelovii Threatened Imperiled in NYS Along Moores Drain,northeast of project site,2012-09-27:The plants occur in the salt marsh in scattered areas that have salt panne. Annual Saltmarsh Aster Symphyotrichum subulatum Threatened Imperiled in NYS var.subulatum Along Moores Drain,northeast of project site,2004-09-15:The plants are in the high salt marsh. RECEIVED �q43< 8/26/2020 MAR 2 6 2021 Pag 2 of 3- Zoning Board Of Appeals DocuSign Envelope ID:2219DCA5-07F54920-AAF, DEB388A45 4 /J3511' COMMONNAME SCIENTIFIC NAME NYSTATELISTING HERITA GE CONSER VA TION STA TUS The following species has been documented within.4 mile of the project site. Seaside Plantain Plantago maritima Threatened Imperiled in NYS juncoides Pipes Cove, southeast of project site, 2012-06-29:The plants are scattered in an area of pebbly substrate on the north side of the beach(adjacent to but just above the salt marsh),growing where there is little other vegetation. This report only includes records from the NY Natural Heritage database. For most sites, comprehensive field surveys have not been conducted,and we cannot provide a definitive statement as to the presence or absence of all rare or state-listed species. Depending on the nature of the project and the conditions at the project site, further information from on-site surveys or other sources may be required to fully assess impacts on biological resources. If any rare plants or animals are documented during site visits,we request that information on the observations be provided to the New York Natural Heritage Program so that we may update our database. Information about many of the rare animals and plants in New York,including habitat,biology,identification,conservation,and management,are available online in Natural Heritage's Conservation Guides at www.guides.nynhp.org,from NatureServe Explorer at www.natureserve.org/explorer,and from USDA's Plants Database at http://plants.usda.govfindex.html(for plants). Information about many of the natural community types in New York, including identification,dominant and characteristic vegetation, distribution,conservation,and management,is available online in Natural Heritage's Conservation Guides at www.guides.nynhp.org. For descriptions of all community types,go to www.dec.ny.gov/animals/29384.htmi for Ecological Communities of New York State. RECEIVE® �74(a 3 5'C-- MAR 'MAR 2 6 ZOZI Zoning Board Of Appeals 8/26/2020 Page 3 of 3 RECEIVED 'jL�o3 5 MAR S 6 2021 Zoning Board Of Appeals EXHIBIT B AKRF January 14, 2021 letter -A -77 KW v RECEIVED MAR 2 6 2021 Environmental,Planning,and Engineering Consultants 307 Fellowship Road Zoning Board Ofq Suite 214 Ppeals Mt Laurel, NJ 08054 tel 856 797-9930 fax 856 797-9932 www.akrf com January 14,2021 Mr.Kevin Jennings New York State Department of Environmental Conservation Division of Fish,Wildlife&Marine Resources Bureau of Habitat,Region 1 SUNY @ Stony Brook 50 Circle Road Stony Brook,NY 11790-3409 kevinjennings@dec.ny.gov Re: New York Natural Heritage Program Response Rare,Threatened,and Endangered Species Survey Summary Suffolk County Energy Storage II Project Hamlet of Greenport West,Town of Southold, Suffolk County,New York Dear Mr.Jennings: Suffolk County Energy Storage II,LLC(SCES 11)is pursuing development of a utility-scale battery energy storage system(BESS)to be located on an approximately 2.07-acre site located at 69430 Main Road(NY- 25) within the unincorporated hamlet of Greenport West, Town of Southold, Suffolk County, New York (Project Site). In support of Project development and planning, information from the New York Natural Heritage Program(NYNHP)was requested in order to obtain a listing of State-listed Rare,Threatened,and Endangered(RTE)animals or plants,or significant natural communities known to occur in the vicinity of the Project Site. In a response letter dated August 26, 2020, the NYNHP identified RTE species and significant natural communities that have been documented in the vicinity of the Project Site (see Attachment 1). AKRF, Inc. (AKRF) conducted a Rare, Threatened, and Endangered (RTE) species survey and habitat assessment on October 30,2020 to verify if any of the RTE species listed in the NYNHP letter exist on- Site and to identify whether suitable habitat for the species listed exists on or directly adjacent to the Site. While AKRF and SCES II anticipate a future submittal to the NYSDEC for a permit under Article 24 for impacts to the regulated adjacent area,the purpose of this letter is to seek concurrence from the NYSDEC and demonstrate to the Town the Project will not result in impacts to identified RTE species and/or suitable habitat for the species listed in the NYNHP letter response in support of SCES II's Special Exception Permitted Use Application submittal to the Town Zoning Board of Appeals which requires review under the State Environmental Quality Review Act(SEQRA). Site Description The Project Site is an approximately 2.07-acre property that is generally comprised of a maintained lawn area and a residential, single-family home. The Project Site also has associated structures including a farmhouse,barn,shed,poultry pen,a water well and cesspools. The Project Site is bounded by Main Road Offices in New York•New Jersey•Pennsylvania•Maryland•Connecticut Mr.Kevin Jennings 2 i 16 n-�C -, January 14,2021 (NY-25) and commercial establishments to the north and west; another residential property immediately adjacent to the northeast; and undeveloped forest and residential parcels to the south. The planned development consists of containerized battery storage enclosures,housing both rack mounted lithium-ion batteries and integrated heating, ventilating and air conditioning(HVAC) systems for interior BESS container climate control;and,accessory electrical equipment including skid-mounted bi-directional AC/DC inverters and generator transformers. The planned development footprint will be limited to the lawn area and upland areas of the Project Site. RTE Survey Summary On October 30,2020,an AKRF ecologist conducted a RTE Survey and Habitat Assessment at the Project Site. This survey is documented in the Field Report included as Attachment 2 to this letter response. The Project Site was reviewed for existing habitat types and dominant vegetation in each habitat area. Based on the observations recorded during the field survey,the Project Site is generally comprised of maintained lawn with ornamental upland trees including Common pear(Pyrus communis),River birch(Betula nigra), Red spruce(Picea rubens),and Weeping willow(Salix babylonica). A forested wetland area was observed in the northeast corner of the site. This area is dominated by Swamp white oak(Quercus bicolor), Swamp white oak(Quercus bicolor), Black gum(Nyssa sylvatica), English walnut(Juglans regia),Red maple(Acer rubrum),and Norway maple(Acer platanoides)in the tree layer, Wax myrtle (Morella cerifera), Red elderberry (Sambucus racemosa), Southern arrowwood (Viburnum dentatum), California privet (Ligustrum ovalifolium) in the shrub layer, and Common reed (Phragmites australis), Trumpet creeper(Campsis radicans) Canada Goldenrod (Solidago canadensis), and Tussocks sedge(Carex stricta)in the herbaceous layer. Although this area could be potential suitable habitat for the Swamp Cottonwood(Populus heterophylla), White-Edged Sedge (Carex debilis var. debilis), and Marsh Fern Moth (Fagitana littera), no individuals of these protected species were observed during the field survey. While AKRF did not conduct a wetland delineation of this wetland as part of this RTE survey;this forested area is part of a NYSDEC-mapped freshwater wetland (SO-35). At the request of the current property owner, in 2018 a wetland delineation was performed by the NYSDEC, Region 1 and in the fall of 2019 AKRF coordinated with the NYSDEC and Land Design Associates (LDA) to confirm the boundaries of the delineated wetland and its regulated adjacent area and prepare a survey. In addition to confirming the final survey,the NYSDEC also confirmed that there would be development restrictions and/or requirements for work conducted within the delineated freshwater wetland and the associated adjacent area. While development within the already cleared 100-foot adjacent area contiguous to the delineation wetland would be allowed upon securing aNYSDEC Permit under the Freshwater Wetlands Act(Article 24),development within the delineated wetland, its existing wooded vegetation line and a 10-foot buffer contiguous to the existing wooded vegetation line will not be authorized,which NYSDEC will require to be maintained and permanently fenced. As SCES 11 intends to comply with such restrictions, the planned development will not encroach within the existing forested freshwater wetland and therefore, the Project will not result in impacts to potential suitable habitat for protected species. A forested area dominated by the tree species Norway maple (Acer platanoides), Japanese maple (Acer palmatum), American beech (Fagus grandifolia), and White fir (Abies concolor) exists in the southwest corner of the Project Site. This upland forest does not provided suitable habitat for the species listed in the NYNHP response letter. Suitable habitat for some of the species listed by NYNHP includes beaches,dunes,coastal/intertidal or salt or brackish marsh areas, coastal plains, or unforested wetlands such as coastal bogs, shrub swamps, or marshes;however,these habitats were not observed on the Project Site during the field survey. Prior Wetland Delineation AKRF did not conduct a wetland delineation of this wetland as part of this RTE survey; however, at the FRECEIVED �LFIo 3 5 LIAR 2 6 2021 Zoning Board Of Appeals Mr.Kevin Jennings 3 �e (� '��� January 14,2021 request of the current property owner,a wetland delineation was performed by the NYSDEC,Region 1 in 2018. In a letter dated August 8,2018,NYSDEC provided a survey of the delineated wetland and identified to the current property owner that there would be development restrictions and/or requirements for work conducted within the delineated freshwater wetland and the associated adjacent area. The letter also states that NYSDEC would allow commercial development within the already cleared 100-foot adjacent area contiguous to the delineated wetland, but such development would require securing a NYSDEC Permit under the Freshwater Wetlands Act(Article 24). In the fall of 2019,AKRF coordinated with the NYSDEC and Land Design Associates(LDA)to confirm the boundaries of the delineated wetland and adjacent area as well as to confirm the applicable development restrictions for development of a BESS at the property. LDA conducted a field survey with the NYSDEC on October 17,2019 and prepared a final survey dated October 22,2019 to reflect: • the confirmed location of the six(6)NYSDEC flags delineating the boundary of the on-Site jurisdictional freshwater wetland; • the 100-foot adjacent area contiguous to the re-established wetland boundary,also regulated by NYSDEC; • the existing wooded vegetation line;and, • a 10-foot buffer contiguous to the existing wooded vegetation line,which NYSDEC will require to be maintained and permanently fenced. In an email dated October 31,2019 to AKRF,Mr. Daniel Lewis of the NYSDEC Region 1 confirmed that the updated LDA survey(dated 10/22/2019)accurately reflected the field survey.A copy of the NYSDEC Region 1 correspondence and final survey is included in Attachment 3. RTE Species Impact Assessment A table summary of the impact assessment for each of the species and habitat types listed in the August 26, 2020 NYNHP response letter is provided as Appendix A of the RTE Survey Field Report. As demonstrated in the tables, the Project Site does not provide suitable habitat for the majority of the species listed by NYNHP. In addition,the Project does not involve impacts to the forested wetland area, and as such,will not result in impacts to potential suitable wetland habitat on-Site. As such, it is AKRF's and SCES II's understanding that the planned Project will not result in impacts to identified RTE species and/or suitable habitat for the species listed in the NYNHP letter response. We trust that this submittal provides the NYSDEC with sufficient documentation to concur that the planned BESS development will not affect the RTE species and natural communities identified in the NYNHP's August 26,2020 response letter. Should the NYSDEC require additional information or clarifications on any aspect of this transmittal or attachments,please feel free to contact Jason Funk of SCES II via email at jfunk@savionenergy.com or by phone at(816)421-9598 or me via email at eweatherybv@akr£com or by phone at(856)359-7633. Thank you for your review of this Project. Sincerely, AKRF, Ina �1�6- Elizabeth Weatherby Jacqueline Fusco Technical Director,AKRF,Inc. Technical Director,AKRF,Inc. iREED 5 r7g1a35;5 MAR S 6 2021 Zoning Board Of Appeals Mr.Kevin Jennings 4 January 14,2021 cc: Jason Funk,SCES II w/attachments Robert Golden,AKRF,Inc.w/attachments Attachments: Attachment 1 New York Natural Heritage Program August 26,2020 Response Letter Attachment 2 AKRF,Inc. October 30,2020 Rare,Threatened and Endangered Survey Field Report Attachment 3 NYSDEC Region 1 Wetlands Correspondence RECEIVED -74(a3S-5- MAR 2 6 2021 Zoning Board Of Appeals RECEIVE® I&f(o3 .S& MAR 2 6 2021 Attachment 1 Zoning Board p fApAeal, New York Natural Heritage Program August 26,2020 Response Letter NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Division of Fish and Wildlife,New York Natural Heritage Program 625 Broadway,Fifth Floor,Albany.NY 12233-4757 P:(518)402-8935 1 F:(518)402-8925 www dec ny gov August 26, 2020 Jason Funk Suffolk County II Energy Storage, LLC RECEIVED 104 Parsons Lane � (a 3 S� Newtown, PA 18940 MAR 6 2021 Re: Suffolk County II Energy Storage Zoning Board Of Appeals County: Suffolk Town/City: Southold Dear Mr. Funk: In response to your recent request, we have reviewed the New York Natural Heritage Program database with respect to the above project. Enclosed is a report of rare or state-listed animals and plants, and significant natural communities that our database indicates occur in the vicinity of the project site. For most sites, comprehensive field surveys have not been conducted; the enclosed report only includes records from our database. We cannot provide a definitive statement as to the presence or absence of all rare or state-listed species or significant natural communities. Depending on the nature of the project and the conditions at the project site, further information from on-site surveys or other sources may be required to fully assess impacts on biological resources. The presence of the plants and animals identified in the enclosed report may result in this project requiring additional review or permit conditions. For further guidance, and for information regarding other permits that may be required under state law for regulated areas or activities (e.g., regulated wetlands), please contact the NYS DEC Region 1 Office, Division of Environmental Permits, at dep.r1@dec.ny.gov, (631) 444-0365. Sincerely, � Nicholas Conrad Information Resources Coordinator 844 New York Natural Heritage Program _) NEW YORK I Department `j—�1Yo.Pr"roxNmtr Environmental Conservation New York Natural Heritage Program4 Report on State-listed Animals The following state-listed animals have been documented in the vicinity of the project site. The following list includes animals that are listed by NYS as Endangered, Threatened, or Special Concern; and/or that are federally listed. For information about any permit considerations for the project,contact the NYSDEC Region 1 Office, Division of Environmental Permits,at dep.r1*dec.ny.gov, (631)444-0365. The following species have been documented within 0.4 mile of the project site. COMMON NAME SCIENTIFIC NAME NY STATE LISTING FEDERAL LISTING Least Tern Stemula antillarum Threatened 13163 Breeding This report only includes records from the NY Natural Heritage database. If any rare plants or animals are documented during site visits,we request that information on the observations be provided to the New York Natural Heritage Program so that we may update our database. Information about many of the listed animals in New York, including habitat, biology, identification, conservation,and management, are available online in Natural Heritage's Conservation Guides at www.guides.nynhp.org, and from NYSDEC at www.dec.ny.gov/animals/7494.html. DECEIVED ; 5t�' MAR 2 6 2021 Zoning Board Of Appeals 8/26/2020 Page 1 of 1 Report on Rare Animals, Rare Plants, and 4 New York Natural Heritage Program Significant Natural Communities The following rare plants, rare animals, and significant natural communities have been documented in the vicinity of the project site. We recommend that potential impacts of the proposed project on these species or communities be addressed as part of any environmental assessment or review conducted as part of the planning, permitting and approval process, such as reviews conducted under SEAR. Field surveys of the project site may be necessary to determine whether a species currently occurs at the site, particularly for sites that are currently undeveloped and may still contain suitable habitat. Final requirements of the project to avoid, minimize, or mitigate potential impacts are determined by the lead permitting agency or the government body approving the project. The plants in this report are listed as Endangered, Threatened, or Rare by New York State, and are a vulnerable natural resource of conservation concern. The animals in this report, while not listed by New York State as Endangered or Threatened, are rare in New York and are of conservation concern. The natural communities in this report are considered significant from a statewide perspective by the NY Natural Heritage Program. Each community is either an example of a community type that is rare in the state, or a high-quality example of a more common community type. By meeting specific, documented criteria,the NY Natural Heritage Program considers these community occurrences to have high ecological and conservation value. COMMONNAME SCIENTIFICNAME NYSTATELISTING HERITA GE CONSER VA TION STA TUS The following species and natural communities have been documented within.1 mile of the project site. Swamp Cottonwood Populus heterophylla Threatened imperiled in NYS Arshamomaque Wetland, north of project site and northwest of Main Street,2012-06-28.The plants are in a forested wetland Red Maple-Swamp White Oak Swamp Rare Community Type Arshamomaque Wetland, north of project site and northwest of Main Street.The community is a mature, mostly intact swamp with less than 1%exotic plants in a post-agricultural, recovering landscape of upland forest, hardwood swamps, freshwater wetlands, and brackish and estuarine communities It is small,but may be large for this vegetation association. White-Edged Sedge Carex debilis var. debilis Threatened Imperiled in NYS Arshamomaque Wetland, north of project site and northwest of Main Street,2012-06-26:The plants are in rich, moist woods and a red maple hardwood swamp with numerous streams,wet spots,and trails The area is quite extensive and diverse. Coastal Oak-Hickory Forest High Quality Occurrence of Uncommon Community Type Moores Woods, north, northeast,and southeast of the project site.A fairly large, mature, uniquely diverse coastal oak- hickory forest with some evidence of past disturbance but few invasive exotic species.This forest forms the core of a recovering,protected landscape surrounded by development. Annual Saltmarsh Aster Symphyotrichum subulatum Threatened Imperiled in NYS var.subulatum Cia Cia Pond,south of project site,just north of Pipes Neck Road,2012-09-27:This site consists of a small presumably brackish pond adjacent to two roads.A single clump of the rare aster was seen along a small footpath on the southern edge of the pond. RECEIVED 8/26/2020 Page 1 of 3 MAR 2 6 2021 Zoning Board Of Appeals COMMONNAME SCIENTIFICNAME NYSTATELISTING HERITA GE CONSER VA TION STA TUS The following species and natural communities have been documented within.1 mile of the project site.(cont.) Dragonflies and Damselflies Rambur's Forktail Ischnura ramburii Unlisted Imperiled in NYS Needham's Skimmer Libellula needhami Unlisted Vulnerable in NYS Seaside Dragonlet Erythrodiplax berenice Unlisted Imperiled in NYS Cia Cia Pond,south of project site,just north of Pipes Neck Road,2012-07 Cia Cia Pond pond is shallow with a muddy to mucky substrate, but clear water,with lots of aquatic submerged macrophytes The pond is bordered by sedges emerging along the shore,then a tall row of Phragmites with some greenbriar Crabs were observed in the pond,suggesting some brackish content The following species have been documented within.2 mile of the project site. Dragonflies and Damselflies Four-spotted Pennant Brachymesia gravida Unlisted Critically Imperiled in NYS Needham's Skimmer Libellula needhami Unlisted Vulnerable in NYS Sill Pond,east of project site on Road C near railroad,2012-07-11.Sill Pond is a deep pond with a wooded and shrubby border and containing fish and pickerel weed Seaside Agalinis Agalinis maritima var. Threatened Imperiled in NYS maritima Pipes Cove,extending to mouth of Moores Drain southeast of project site and to wetlands south of project site on south side of Pipes Neck Road,2012-09-27 The plants are around the upland edge of a salt marsh The following species have been documented within.3 mile of the project site. Marsh Fern Moth Fagitana littera Unlisted Imperiled in NYS Arshamomaque, northwest of project site,2012-07-12 The moths were captured in a light trap in a shrubby area within a forested wetland and adjacent to a cattail marsh with an open water area Sea Pink Sabatia stellans Threatened Imperiled in NYS Along Moores Drain, northeast of project site,2004-09-15.The plants are in the high salt marsh on the edges of the islands and the perimeter of the marsh under Iva frutescens Bigelow's Glasswort Salicomia bigelovii Threatened Imperiled in NYS Along Moores Drain, northeast of project site,2012-09-27.The plants occur in the salt marsh in scattered areas that have salt panne Annual Saltmarsh Aster Symphyotrichum subulatum Threatened Imperiled in NYS var. subulatum Along Moores Drain,northeast of project site,2004-09-15 The plants are in the high s It marsh RECEIVE® I7 41D3 46 MAR 2 6 2021 8/26/2020 Page 2 of 3 Zoning Board Of Appeals COMMONNAME SCIENTIFICNAME NYSTA TE LISTING HERITAGE CONSERVA TIONSTA TUS The following species has been documented within.4 mile of the project site. Seaside Plantain Plantago mantima Threatened Imperiled in NYS juncoides Pipes Cove, southeast of project site, 2012-06-29 The plants are scattered in an area of pebbly substrate on the north side of the beach(adjacent to but dust above the salt marsh),growing where there is little other vegetation This report only includes records from the NY Natural Heritage database. For most sites, comprehensive field surveys have not been conducted, and we cannot provide a definitive statement as to the presence or absence of all rare or state-listed species.Depending on the nature of the project and the conditions at the project site, further information from on-site surveys or other sources may be required to fully assess impacts on biological resources. If any rare plants or animals are documented during site visits,we request that information on the observations be provided to the New York Natural Heritage Program so that we may update our database Information about many of the rare animals and plants in New York, including habitat,biology, identification,conservation,and management,are available online in Natural Heritage's Conservation Guides at www guides nynhp.org,from NatureServe Explorer at www natureserve org/explorer,and from USDA's Plants Database at http//plants usda gov/index html(for plants). Information about many of the natural community types in New York, including identification,dominant and characteristic vegetation, distribution,conservation,and management, is available online in Natural Heritage's Conservation Guides at www guides nynhp org For descriptions of all community types,go to www dec.ny gov/animals/29384 html for Ecological Communities of New York State RECEIVE® ��b3S� MAR 2 6 2021 Zoning Board Of Appeals 8/26/2020 Page 3 of 3 Attachment 2 AKRF,Inc.October 30,2020 Rare,Threatened and Endangered Survey Field Report Hamlet of Greenport West,Town of Southold,Suffolk County,New York RECEIVED 7`l (35� MAR 2 6 2021 L g Board Of Appeals i AKRF Project#990221 AKRF Field Report, 10-30-2020 Date: 10-30-2020 Weather:Rain Project Name: Client: Suffolk County Temperature Range(°F): SCES II Energy Storage Energy Storage II,LLC 38-42 Proj ect Wind Direction:N Project Location: Hamlet of Greenport,Town of Southold,Suffolk County,NY AKRF Personnel on Site: Jacqueline Fusco Contractors and Consultants on Site: None EZoningBoard Visitors: None 21 Equipment on Site: NoneLocation of Work Activities Completed:69430 NY-25,Greenport,NY 11944 ppeals Figure 1: Location of Work Activity Page 1 of 13 � '-AKJR AKRF Project#990221 AKRF Field Report, 90-30-2020 Description of Work Activities Completed: Suffolk County Energy Storage II,LLC(SCES Il)is pursuing development of a utility-scale battery energy storage system(BESS)to be located on an approximately 2.07-acre site(Project Site)located at 69430 Main Road(NY-25) within the unincorporated hamlet of Greenport West,Town of Southold,Suffolk County,New York. AKRF conducted a habitat assessment and Rare,Threatened,or Endangered(RTE)survey of the Project Site to document habitat types to verify if the Project Site contains potential suitable habitat for the species listed by the New York Natural Heritage Program(NYNHP)in their correspondence dated August 26,2020 and identified in Table 1.In addition,the NYNHP identified two Significant Natural Communities in the vicinity of the Project Site as documented in Table 2. Table 1. RTESpecies Listed by NYNHP in Vicinity of Project Site Species Listing/Heritage Project-Specific Habitat as documented by NYNHP Conservation Status Least Tem(Sterntda antillarum) State Threatened Breeding within 0 4 miles of Project Site) Swamp Cottonwood(Populus State Threatened/ Arshamomaque Wetland,north of Project Site and northwest of Main heterophylla) Imperiled in NYS Street,2012-06-28 The plants are in a forested wetland (Documented within 0 1 miles of the Project Site White-Edged Sedge(Carex debilis State Threatened/ Arshamomaque Wetland,north of Project Site and northwest of Main var.debilis) Imperiled in NYS Street,2012-06-26 The plants are in rich,moist woods and a red maple hardwood swamp with numerous streams,wet spots,and trails The area is quite extensive and diverse (Documented within 0 1 miles of the Project Site) Annual Saltmarsh Aster State Threatened/ Cia Cia Pond,south of Project Site,dust north of Pipes Neck Road,2012- (Symphyotrichum subulatum var Imperiled in NYS 09-27 This site consists of a small presumably brackish pond adjacent to subulatum) two roads A single clump of the rare aster was seen along a small footpath on the southern edge of the pond (Documented within 0 1 miles of the Project Site Rambur's Forktail(Ischnirra Unlisted/Imperiled in Cia Cia Pond,south of Project Site,dust north of Pipes Neck Road,2012- rambuni) NYS 07 Cia Cia Pond pond is shallow with a muddy to mucky substrate,but clear water,with lots of aquatic submerged macrophytes The pond is bordered by sedges emerging along the shore,then a tall row of Phragmites with some greenbnar Crabs were observed in the pond,suggesting some brackish content Documented within 0 1 miles of the Project Site) Needham's Skimmer(Libellula Unlisted/Vulnerable Cia Cia Pond,south of Project Site,,lust north of Pipes Neck Road,2012- needhami) in NYS 07 Cia Cia Pond pond is shallow with a muddy to mucky substrate,but clear water,with lots of aquatic submerged macrophytes The pond is bordered by sedges emerging along the shore,then a tall row of Phragmites with some greenbnar Crabs were observed in the pond,suggesting some brackish content Documented within 0 1 miles of the Project Site Seaside Dragonlet(Erythrodiplax Unlisted/Imperiled in Cia Cia Pond,south of Project Site,just north of Pipes Neck Road,2012- berenice) NYS 07 Cia Cia Pond pond is shallow with a muddy to mucky substrate,but clear water,with lots of aquatic submerged macrophytes The pond is bordered by sedges emerging along the shore,then a tall row of Phragmites with some greenbnar Crabs were observed in the pond,suggesting some brackish content Documented within 0 1 miles of the Project Site) Four-spotted Pennant Unlisted/Critically Sill Pond,cast of Project Site on Road C near railroad,2012-07-11 Sill (Brachymesia gravida) Imperiled in NYS Pond is a deep pond with a wooded and shrubby border and containing fish and pickerel weed Documented within 0 2 miles of the Project Site Needham's Skimmer(Libellula Unlisted/Vulnerable Sill Pond,east of Project Site on Road C near railroad,2012-07-11 Sill needhami) in NYS Pond is a deep pond with a wooded and shrubby border and containing fish and pickerel weed (Documented within 0 2 miles of the Project Site) Seaside Agalmms(Agahnis State Threatened/ Pipes Cove,extending to mouth of Moores Drain southeast of Project Site maritima var maritima) Imperiled in NYS and to wetlands south of Project Site on south side of Pipes Neck Road, 2012-09-27 The plants are around the upland edge of a salt marsh Documented within 0 2 miles of the Project Site MCEIVED 74(,3S6 Page 2 of 13 LIAR Z 6 2021 Zoning Board Of Appeals ' f AKRF Project#190221 AKRF Field Report, 10-30-2020 Table 1. RTESpecies Listed by NYNHP in Vicinity of Project Site Species Listing/Heritage Project-Specific Habitat as documented by NYNHP Conservation Status Marsh Fem Moth(Fagitana Unlisted/Imperiled in Arshamomaque,northwest of Project Site,2012-07-12 The moths were littera) NYS captured in a light trap in a shrubby area within a forested wetland and adjacent to a cattail marsh with an open water area (Documented within 0 3 miles of the Project Site Sea Pink(Sabatia stellaris) Threatened/Imperiled Along Moores Drain,northeast of Project Site,2004-09-15 The plants are in NYS in the high salt marsh on the edges of the islands and the perimeter of the marsh under Iva frutescens (Documented within 0 3 miles of the Project Site) Bigelow's Glasswort(Sahcornia Threatened/Imperiled Along Moores Drain,northeast of Project Site,2012-09-27 The plants bigelovit) in NYS occur in the salt marsh in scattered areas that have salt panne (Documented within 0 3 miles of the Project Site) Annual Saltmarsh Aster Threatened/Imperiled Along Moores Drain,northeast of Project Site,2004-09-15 The plants are (Symphyotrichum subulatum var in NYS in the high salt marsh (Documented within 0 3 miles of the Project Site) subulatum) Seaside Plantain(Plantago Threatened/Imperiled Pipes Cove,southeast of Project Site,2012-06-29 The plants are scattered maritnna,/uncoides) in NYS in an area of pebbly substrate on the north side of the beach(adjacent to but ,lust above the salt marsh),growing where there is little other vegetation Documented within 0 4 miles of the Project Site Table 2. Si nificant Natural Communities Identified by NYNHP in Vicinity of Project Site Community Listing Project-Specific Habitat as documented by NYNHP Red Maple-Swamp White Oak Rare Community Type Arshamomaque Wetland,north of Project Site and northwest of Main Street Swamp The community is a mature,mostly intact swamp with less than 1%exotic plants in a post-agricultural, recovering landscape of upland forest, hardwood swamps, freshwater wetlands, and brackish and estuarine communities It is small,but may be large for this vegetation association Documented within 0 1 mile of the Project Site) Coastal Oak-Hickory Forest High Quality Moores Woods,north,northeast,and southeast of the Project Site A fairly Occurrence of large, mature, uniquely diverse coastal oak hickory forest with some Uncommon evidence of past disturbance but few invasive exotic species This forest Community Type forms the core of a recovering, protected landscape surrounded by development (Documented within 0 1 mile of the Project Site) As described in the Summary of Field Observations below,the entire 2.07-acre Project Site was visually inspected to obtain a list of vegetative species present on-Site as well as to identify overall habitat types on-Site. In addition, observations regarding the presence of the listed RTE individuals were also recorded. A summary of the observations made during the field review are provided below. Summary of Field Observations Habitat Areas Habitat areas observed on the Project Site consist of mostly maintained lawn with areas of upland forest(southwest corner),and forested wetland(northeast corner).The following tree species were identified during the field investigation(as marked on Figure 2): • Tree 1: River birch(Betula nigra) • Tree 2: Pin oak(Quercus palustris)(2) • Tree 3: Common pear(Pyrus communis)(2) 7MAR VED • Tree 4: Potential Linden(Tilia)-Dead �3 5� • Tree 5: Red spruce(Picea rubens) • Tree 6: Common pear(Pyrus communis) 6 2021 Zond Of Appeals Page 3of13 AKRF Project#190221 AKRF Field Report, 10-30-2020 • Tree 7: Common pear(Pyrus communis) • Tree 8: Weeping willow(Salix babylonica) • Tree 9: cut down In addition,the following vegetation and associated vegetative cover were observed within the forested areas of the Project Site. As shown on Figure 2,Forested Area I is located in the southwest corner of the Project Site and Forested Area 2 is located in the northeastern corner of the Site.The following lists the dominant plant species were identified: Forested Area I Norway maple(Acer platanoides)-tree Japanese maple(Acer palmatum)-tree American beech(Fagus grandifolia)-tree White fir(Abies concolor)-tree Forested Area 2 Wax myrtle(Morella cerifera)-shrub Common reed(Phragmites australis)-herbaceous RECEIVED Swamp white oak(Quercus bicolor)-tree )4(03,58 English walnut(Juglans regia)-tree MAR 2 6 2021 Red elderberry(Sambucus racemosa)-shrub Black gum(Nyssa sylvatica)-tree Zoning Board OfA Appeals Red maple(Acer rubrum)-tree PP Southern arrowwood(Viburnum dentatum)-shrub Norway maple(Acer platanoides)-tree Trumpet creeper(Campsis radicans)-herbaceous Canada Goldenrod(Solidago canadensis)-herbaceous California privet(Ligustrum ovalifolium)-shrub Tussocks sedge(Carex stricta)-herbaceous Forested Area 2 also contained a NYSDEC-mapped freshwater wetland(SO-35). Page 4 of 13 b� AKRF Project#190221 AKRF Field Report, 10-30-2020 Figure 2:Habitat Areas Recorded e� As reflected in Table 1,potential suitable habitat for many of the species listed by NYNHP includes beaches,dunes, coastal/intertidal or salt or brackish marsh areas,coastal plains,or unforested wetlands such as coastal bogs,shrub swamps,or marshes;however,these habitats were not observed on the Project Site during the field survey. RTE Species None of the species listed by the NYNHP in the response letter dated August 26,2020 were observed on the Project Site during the RTE field review. The Project Site does not contain breeding habitat for the Least Tern(Sternula antillarum),which is generally described as broad,level expanses of open sandy or gravelly beach,dredge spoil and other open shoreline areas,and more rarely,inland on broad river valley sandbars. The Project Site does not contain the applicable habitat types for the Annual Saltmarsh Aster(Symphyotrichum subulatum var.subulatum),Rambur's Forktail(Ischnura ramburii),Needham's Skimmer(Libellula needhami), Seaside Dragonlet(Erythrodiplax berenice),Seaside Agalinis(Agalinis maritima var maritima),Sea Pink(Sabatia stellaris),Bigelow's Glasswort(Salicornia bigelovii),Annual Saltmarsh Aster(Symphyotrichum subulatum var. subulatum),or Annual Saltmarsh Aster(Symphyotrichum subulatum var subulatum). Forested Area 2(e.g.,the forested wetland area)provides potential habitat for the Swamp Cottonwood(Populus heterophylla),White-Edged Sedge(Carex debilis var debilis),and Marsh Fern Moth(Fagitana littera). However, no individuals of either species were observed on-Site. AKRF notes that the proposed development has agreed with the NYSDEC to not impact the forested wetland and all development will remain 10 feet from the existing forested wetland. RFc'4(o 356 Page 5 of 13 MAR % G 2021 Z®,nin9 heard Of appeals I Aff%111r AXRF-Project#190221 AKRF Field Report, 10-30-2020 Conclusions A table summary of the impact assessment for each of the species and habitat types listed in the August 26,2020 NYNHP response letter is provided as Appendix A. As demonstrated in the tables,the Project Site does not provide suitable habitat for the majority of the species listed by NYNHP. Health and Safety Incidents or Concerns to Report: None Any Citizen or Local Agency Complaints Experienced: None Photograph Log Photo ra h l: 3 1 .f �s r. Photograph 1 Description: View looking southeast across Main Road(NY-25)at the Project Site. Note the open lawn area where the battery storage development is proposed. RECEIVED `7'4�3 3- MAR 2 6 2021 Page 6 of 13 Zoning Board Of Appeals ZAKR ti,nr;r r'roject#19022; AKRF Field Report, 10-30-2020 Photograph 2: r lh AL K f yam„ -.wort'•. ..� . . s Photograph 2 Description:View looking south across Main Road(NY-25)at the Project Site. Note the open lawn area where the battery storage development is proposed. RECEIVED -7-f 63 s65 MAR 2 6 2021 Page 7 of 13 Zoning Board Of Appeals i ZAKR AKRF Froject#190221 AKRF Field Report, 90-30-2020 Photo ra h 3: iW". "F ¢..t.. sed. ✓ �;� j l,, ,. fes,- � -��'• ,�. .��;., PFIN, AN 1 , a r " 'a ..,., •{,: ��-- Kms= Photograph 3 Description: View looking southeast within Forested Area 2 in the northeast corner of the Project Site,and the NYSDEC-delineated wetland. This wetland will not be impacted by the proposed development. RECEIVED _?Ift 3 S, MAR 2 6 2021 Zoning Board Of Appeals Page 8 of 13 i ZA11M tirrw-Project#190221 AKRF Field Report, 10-30-2020 Photoura h 4• I AIN < }" +�Vii '' } O . � f v Z ,•d �. 1 � � � may _ T'� r Photoeraph 4 Description: View looking north within Forested Area 2 in the northeast corner of the Project Site, and the NYSDEC-mapped wetland. This wetland will not be impacted by the proposed development. RECEIVED -74(o3 s� MAR 2 6 2021 Zoning Beard Of Appeals Page 9 of 13 Z_ , A KJ R A?n -Project#190221 AKRF Field Report, 10-30-2020 Photograph 5: t ` gf# !C 'i i {.+4th;• -�-. ,�,.,, �«,p � ,�' PhotoEraph 5 Description: View looking southwest across the development Project Site. Note that the Project Site is generally comprised of maintained lawn area RECEIVED 74(3s6 MAR 2 6 2021 Zoning Board Of Appeals Page 10 of 13 • • . -•.. r r r r s:if ' ate' ,• d{ .f.. �4 ��_i���w3�- _" j.'--.'�1 7' •� 2 `. s'f yd r1 "p tf S •� .yh hTVI l�. � vi .g nw �,'��f � �,. •. X .W v a f 1 gl' 1 1 � 1 1 •• • • • • � • " i Z- , AKIif AKRF Project#190221 AKRF Field Report, 10-30-2020 Photo ra h 7: i or t R. s s r k._ , ....w,x. w ..- •.;�` ,.-i ,�,c� #�,,-.' + X41 Photograph 7 Description: View looking west across the Site at the maintained lawn area where the BESS development is proposed. L RECEIVED 74635 'lMAR 2 6 2021 Board Of Appeals Page 12 of 13 1 Z-AKW AKRF Project#190221 AKRF Field Report, 10-30-2020 Photograph 8: y IV # v p �i4'�a A �` SMI �, f •tom � ! •i ac,,t,.. %A �* �. y:-. • d"Y"Lt?1 `m..t ./�`� ti � �°a.- �3� � � ^Js ;����a�#'*•oaf.^� y , r r. s Photograph 8 Description: View looking east at Forest Area I (upland) in the southwest corner of the Project Site. RECEIVED `f to 3 S� MAR 2 6 2021 Zoning Board Of Appeals Page 13 of 13 KRF AKRF Project#990221 AKRF Field Report, 90-30-2020 Appendix A Rare, Threatened and Endangered Species and Significant Natural Communities Impact Assessment Tables FMAR IVED S9 6 2021 Zoning Board Of Appeals Suffolk County Energy Storage II Project Hamlet of Greenport West,Town of Southold,Suffolk County,New York Rare,Threatened and Endangered Species Impact Assessment Table Species Listing/Heritage Project-Specific Habitat as documented General Habitat Description Impact Assessment Conservation by NYNHP1 Status Least Tem(Sternula State Threatened Breeding(within 0 4 miles of Project Site) The least tern breeds on broad,level Suitable habitat was not observed on-Site antrllanrm) expanses of open sandy or gravelly beach, dredge spoil and other open shoreline No impact to this species or associated areas,and more rarely,inland on broad habitat is anticipated as a result of the river valley sandbars Project Swamp Cottonwood State Threatened/ Arshamomaque Wetland,north of Protect A tree usually forming clonal stands in wet Potential suitable habitat may exist on-Site (Populus heterophylla) Imperiled in NYS Site and northwest of Main Street,2012- pockets of red maple-hardwood swamps within the forested wetland located in the 06-28 The plants are in a forested with some calcareous influences within the northeast corner of the Site No individuals _ wetland (Documented within 0 1 miles of Hudson Valley and red maple-blackgum were observed during the field survey the Project Site) swamps along the swamp It also may be found in swamp white oak wetlands, Development of the Project will not impact shallow emergent marshes adjacent to the NYSDEC-delineated wetland or a]0-ft forested swamps,wet swales,and other protected vegetative buffer The Project will types of hardwood swamps(New York require a NYSDEC Art 24 wetland permit Natural Heritage Program 2004) Swamps, for impacts to the 100-ft adjacent area,but shores and low,wet woods along the the Project will stay 10 feet from the existing coastal plain(Crow and Helquist 2000) forested area within the buffer Therefore, Wet low woods and swamps(Gleason and potential habitat for this species will not be Cronquist 199 1) Swamps,wet hollows impacted as a result of the Project and shores(Voss 1985) Inundated swamps and bottomlands(Fernald 1970) White-Edged Sedge(Carex State Threatened/ Arshamomaque Wetland,north of Project Not available Potential suitable habitat may exist on-Site debihs var debihs) Imperiled in NYS Site and northwest of Main Street,2012- within the forested wetland located in the 06-26 The plants are in rich,moist woods northeast corner of the Site No individuals and a red maple hardwood swamp with were observed during the field survey numerous streams,wet spots,and trails The area is quite extensive and diverse Development of the Project will not impact (Documented within 0 1 miles of the the NYSDEC-delineated wetland or a 10-ft =S Project Site) protected vegetative buffer The Project will require a NYSDEC Art 24 wetland permit to for impacts to the 100-ft adjacent area,but Othe Protect will stay 10 feet from the existing `-- » forested area within the buffer Therefore, Q � potential habitat for this species will not be O r---, w ® impacted as a result of the Project > V'� Annual Saltmarsh Aster State Threatened/ Cia Cia Pond,south of Project Site,dust In New York,Symphyotrtchum Suitable habitat was not observed on-Site (Symphyotrrchunr Imperiled in NYS north of Pipes Neck Road,2012-09-27 subulatum occurs in coastal areas in salt to Msubulatum var.subulatum) This site consists of a small presumably brackish marshes,along banks of salt No impact to this species or associated N brackish pond adjacent to two roads A influenced tidal channels and creeks,shrub habitat is anticipated as a result of the single clump of the rare aster was seen dominated salt influenced habitats,edges Project along a small footpath on the southern of salt ponds,wet brackish swales in maritime dunes,and occasionally in AKRF Field Report, 10-30-2020 A-1 November 2020 Suffolk County Energy Storage If Project Hamlet of Greenport West,Town of Southold,Suffolk County,New York Rare,Threatened and Endangered Species Impact Assessment Table Species Listing/Heritage Project-Specific Habitat as documented General Habitat Description Impact Assessment Conservation by NYNHP' Status edge of the pond (Documented within 0 1 disturbed habitats that are salt influenced miles of the Project Site) Salt marshes,brackish marshes,tidal marshes,salted highways,and around salt mines(Brouillet et at 2006) Coastal mostly saline marshes(Gleason and Cronquist 199 1) Saline marshes,brackish to fresh tidal marshes,fresh thickets, borders of woods and clearing inland to _ the fall-line Fernald 1970 Rambur's Forktail Unlisted/ Cia Cia Pond,south of Project Site,dust Coastal plain ponds,lakes,marshes,and Suitable habitat was not observed on-Site (Ischnura ramburit) Imperiled in NYS north of Pipes Neck Road,2012-07 Cia slow-flowing rivers or streams,often with Cia Pond pond is shallow with a muddy to brackish water No impact to this species or associated mucky substrate,but clear water,with lots habitat is anticipated as a result of the -- of aquatic submerged macrophytes The Project pond is bordered by sedges emerging along the shore,then a tall row of Phragmites with some greenbriar Crabs were observed in the pond,suggesting some brackish content (Documented within 0 1 miles of the Project Site) Needham's Skimmer Unlisted/ Cia Cia Pond,south of Project Site,dust Coastal species that inhabits ponds,lakes, Suitable habitat was not observed on-Site (Lrbellula needhami) Vulnerable in NYS north of Pipes Neck Road,2012-07 Cia tidal river areas,and brackish wetlands in Cia Pond pond is shallow with a muddy to New York State No impact to this species or associated mucky substrate,but clear water,with lots habitat is anticipated as a result of the of aquatic submerged macrophytes The Project pond is bordered by sedges emerging along the shore,then a tall row of Phragmites with some greenbriar Crabs were observed to the pond,suggesting O� some brackish content (Documented - within 0 1 miles of the Project Site) U� :Zz Seaside Dragonlet Unlisted/ Cia Cia Pond,south of Project Site,dust This species is associated with coastal Suitable habitat was not observed on-Site - OW (Erythrodiplax berenice) Imperiled in NYS north of Pipes Neck Road,2012-07 Cia plains along the Atlantic Coast In New MCia Pond pond is shallow with a muddy to York,the distribution of this species is No impact to this species or associated Qb'D _1� R mucky substrate,but clear water,with lots moderately declining,but population size habitat is anticipated as a result of the cy�a q, C of aquatic submerged macrophytes The is unknown Less than a dozen populations Project O 0ry i71 pond is bordered by sedges emerging exist on Long Island,and all are localized D C=3 W along the shore,then a tall row of in coastal areas _p Phragmites with some greenbriar Crabs were observed in the pond,suggesting some brackish content (Documented within 0.1 miles of the Project Site) AKRF Field Report, 10-30-2020 A-2 November 2020 Suffolk County Energy Storage II Project Hamlet of Greenport West,Town of Southold,Suffolk County,New York Rare,Threatened and Endangered Species Impact Assessment Table Species Listing/Heritage Project-Specific Habitat as documented General Habitat Description Impact Assessment Conservation by NYNHPi Status Four-spotted Pennant Unlisted/ Sill Pond,east of Project Site on Road C Not available Suitable habitat was not observed on-Site (Brachymelia gravida) Critically near railroad,2012-07-11 Sill Pond is a Imperiled in NYS deep pond with a wooded and shrubby No impact to this species or associated border and containing fish and pickerel habitat is anticipated as a result of the weed (Documented within 0 2 miles of Project the Project Site) Needham's Skimmer Unlisted/ Sill Pond,east of Project Site on Road C Coastal species that inhabits ponds,lakes, Suitable habitat was not observed on-Site (Libellula needhamr) Vulnerable in NYS near railroad,2012-07-11 Sill Pond is a tidal river areas,and brackish wetlands in deep pond with a wooded and shrubby New York State No impact to this species or associated border and containing fish and pickerel habitat is anticipated as a result of the weed (Documented within 0 2 miles of Project the Project Site Seaside Agalmis(Agahnes State Threatened/ Pipes Cove,extending to mouth of Moores In New York,it has most often been found Suitable habitat was not observed on-Site maritima var maritima) Imperiled in NYS Drain southeast of Project Site and to in sparsely vegetated areas within and wetlands south of Project Site on south around the edges of high salt marsh,and No impact to this species or associated side of Pipes Neck Road,2012-09-27 The occasionally in other tidal zones such as habitat is anticipated as a result of the plants are around the upland edge of a salt low salt marsh or brackish tidal marsh Project marsh (Documented within 0 2 miles of the Project Site Marsh Fern Moth Unlisted/ Arshamomaque,northwest of Project Site, Fagrtana littera is primarily a species of Potential suitable habitat may exist on-Site (Fagrtana littera) Imperiled in NYS 2012-07-12 The moths were captured in a unforested wetlands such as coastal bogs, within the forested wetland located in the light trap in a shrubby area within a shrub swamps,and marshes From northeast comer of the Site No individuals forested wetland and adjacent to a cattail Latham's(1953)account,the main habitat were observed during the field survey marsh with an open water area near Orient,Long Island,was marshland, (Documented within 0 3 miles of the although he found the larva in a cranberry Development of the Project will not impact Project Site) bog near Riverhead Acid bogs and the NYSDEC-delineated wetland or a I0-ft calcareous fens might be the most likely protected vegetative buffer The Project will places to find this species in New York, require a NYSDEC Art 24 wetland permit based on New Jersey and New England for impacts to the 100-ft adjacent area,but habitats,but it could occupy other types of the Project will stay 10 feet from the existing unforested wetlands forested area within the buffer Therefore, Opotential habitat for this species will not be impacted as a result of the Project Sea Pink(Sabatia stellarrs) Threatened/ Along Moores Drain,northeast of Project In New York,Sea Pink has been most Suitable habitat was not observed on-Site Imperiled in NYS Site,2004-09-15 The plants are in the often collected from areas of high salt �a0y high salt marsh on the edges of the islands marsh It also can be found in wet, No impact to this species or associated M_ and the perimeter of the marsh under Iva brackish habitats such as interdunal habitat is anticipated as a result of the Q 1ni'1 frutescens (Documented within 0 3 miles swales,brackish meadows,and ponds Project 0 tv � rn of the Project Site) (New York Natural Heritage 2011) Salt or brackish marshes along the coast(Gleason pn®a and Cron uist 1991) C3 CD AKRF Field Report, 10-30-2020 A-3 November 2020 Suffolk County Energy Storage H Project Hamlet of Greenport West,Town of Southold,Suffolk County,New York Rare,Threatened and Endangered Species Impact Assessment Table Species Listing/Heritage Project-Specific Habitat as documented General Habitat Description Impact Assessment Conservation by NYNHPi Status Bigelow's Glasswort Threatened/ Along Moores Drain,northeast of Project In New York dwarf glasswort is known Suitable habitat was not observed on-Site (Sahcorma bigelovri) Imperiled in NYS Site,2012-09-27 The plants occur in the only from maritime wetlands,including salt marsh in scattered areas that have salt high salt marsh,salt panne,and salt shrub No impact to this species or associated panne (Documented within 0 3 miles of natural communities(New York Natural habitat is anticipated as a result of the the Project Site) Heritage Program 2011) Middle levels of Project saltmarshes(FNA 2004) Salt marshes (Crow and Hell uist 2000 Annual Saltmarsh Aster Threatened/ Along Moores Drain,northeast of Project In New York,Symphyotrichum Suitable habitat was not observed on-Site (Symphyotrichum Imperiled in NYS Site,2004-09-15 The plants are in the subulatum occurs in coastal areas in salt to subulatum var subulatum) high salt marsh (Documented within 0 3 brackish marshes,along banks of salt No impact to this species or associated miles of the Project Site) influenced tidal channels and creeks,shrub habitat is anticipated as a result of the dominated salt influenced habitats,edges Project of salt ponds,wet brackish swales in maritime dunes,and occasionally in disturbed habitats that are salt influenced Salt marshes,brackish marshes,tidal marshes,salted highways,and around salt mines(Brouillet et al 2006) Coastal mostly saline marshes(Gleason and Cronquist 1991) Saline marshes,brackish to fresh tidal marshes,fresh thickets, borders of woods and clearing inland to the fall-line(Fernald 1970) Seaside Plantain(Plantago Threatened/ Pipes Cove,southeast of Project Site, In New York,Seaside plantain has been Suitable habitat was not observed on-Site maritimajuncoides) Imperiled in NYS 2012-06-29 The plants are scattered in an found growing in high salt marshes, area of pebbly substrate on the north side brackish meadows,and on dunes formed No impact to this species or associated of the beach(adjacent to but just above the from dredge spoil ings(New York Natural habitat is anticipated as a result of the salt marsh),growing where there is little Heritage Program 2010) Saltmarshes, Project other vegetation (Documented within 0 4 coastal beaches and rocks(Haines 1998) miles of the Project Site) Salt marshes,beaches,and coastal rocks Gleason and Cron uist 1991 NYNHP Correspondence to J Funk Suffolk Canty 11 Energy Storage,LLC dated August 26,2020 N 0 to o M Ocm rn > r m N AKRF Field Report, 10-30-2020 A-4 November 2020 Suffolk County Energy Storage II Project Hamlet of Greenport West,Town of Southold,Suffolk County,New York Significant Natural Communities Impact Assessment Table Community Listing Project-Specific Habitat as General Habitat Description Impact Assessment documented by NYNHPi Red Maple-Swamp Rare Community Arshamomaque Wetland,north of Project The red maple-swamp white oak swamp is Potential habitat may exist on-Site within the White Oak Swamp Type Site and northwest of Main Street The commonly found on sandy soils that are forested wetland located in the northeast corner community is a mature,mostly intact underlain by a clay layer It is codominated of the Site swamp with less than I%exotic plants in by red maple(Acer rithrum)and oaks,such a post-agricultural,recovering landscape as swamp white oak(Quercus bicolor) Development of the Project will not impact the of upland forest,hardwood swamps, and/or pin oak(Q palustris) NYSDEC-delineated wetland or a 10-ft freshwater wetlands,and brackish and protected vegetative buffer The Project will estuarine communities it is small,but require a NYSDEC Art 24 wetland permit for may be large for this vegetation impacts to the 100-ft adjacent area,but the association (Documented within 0 1 mile Project will stay 10 feet from the existing of the Project Site) forested area within the buffer Therefore,this community type will not be impacted as a result of the Project Coastal Oak-Hickory High Quality Moores Woods,north,northeast,and Coastal oak-hickory forests are hardwood Potential habitat may exist on-Site within the Forest Occurrence of southeast of the Project Site A fairly forest with oaks(Quercus spp)and forested wetland located in the northeast corner Uncommon large,mature,uniquely diverse coastal hickories(Carya spp)codommant that of the Site Community Type oak hickory forest with some evidence of occurs in dry,well-drained,loamy sand of past disturbance but few invasive exotic knolls,upper slopes,or south-facing flops Development of the Project will not impact the species This forest forms the core of a of glacial moraines of the Atlantic coastal NYSDEC-delineated wetland or a 10-ft recovering,protected landscape plain protected vegetative buffer The Project will surrounded by development require a NYSDEC Art 24 wetland permit for (Documented within 0 I mile of the impacts to the I00-ft adjacent area,but the Project Site) Project will stay 10 feet from the existing forested area within the buffer Therefore,this community type will not be impacted as a result of the Project i NYNHP Correspondence to J Funk Suffolk County II Energy Storage,LLC dated August 2G,2020 i G to �J Qto O 0 � m D o W D AKRF Field Report, 10-30-2020 A-5 November 2020 ro vv AKRF Project#990229 AKRF Fieid Report, 90-30-2020 Appendix B Resume RECEIVED )t463s6 Mll I 12021 Zoning Board Of Appeals RECEVED MAR 2 6 2021 JACQUELINE S. FUSCO Zoning Board OfApmais TECHNICAL DIRECTOR Jacqueline Fusco has 20 years of professional experience in the environmental consulting industry,focusing her services in regulatory compliance and resource identification.She has consistently demonstrated her knowledge and understanding of environmental regulations by seamlessly guiding clients through complex regulatory processes.Her experience includes directing multimedia licensing and permitting efforts for power generation and electric transmission and distribution projects throughout the northeast and mid-Atlantic United States.Ms. Fusco's technical quahfications include environmental and land use regulatory compliance support and permitting, wedand delineation and field investigation,rare,threatened,and endangered species habitat reviews,wetland mitigation design and coordination,remedial and mitigation oversight,due diligence, feasibility,and critical issues analyses,and cost estimation services.Ms.Fusco's background includes extensive service for previous employers to public and private-sector clientele,including independent power producers (IPP)and utility comparues, government agencies,and private developers.She currently serves in the capacity of Project Manager within AKRF's Energy Practice,generally responsible for regulatory compliance and environmental licensing and Permitting services for the energy sector. BACKGROUND Education BS,The George Washington University,Environmental Studies(Minors,Biology and Economics),2000 Training/Certifications OSHA 10 Hour Construction Safety&Health Course OSHA 40 Hour HAZWOPER OSHA 8 Hour Refresher Field Investigation and Sampling Course Hydric Soils Loss Prevention System(LPS)Training Management of Contaminated Soils Methodology for Delineating Wetlands NJDEP Coastal Development Regulatory Review NJDEP Freshwater Wetlands Regulatory Review Vegetation Identification for Wetland Delineation Years of Experience 20 years in the industry 4.5 years with AKRF RELEVANT EXPERIENCE Orange and Rockland Utilities, Inc.,Line 31 Transmission Project, Orange and Rockland Counties,NY (Ecologist/Permitting Specialist:2010) While at another firm,Ms.Fusco assisted with consulting services for the on-going Orange and Rockland Utilities, Inc.(ORU)Transmission Line 31 Transmission Project,which proposed the reconductonng and reconstruction of existing transmission line structures along an existing three-mile transmission line located in the Town of Ramapo '.",.7 .� RECEIVED -7tf(3 S6 .JACQUELINE S. Fusco MAR 2 6 2021 TECHNICAL DIRECTOR I p 2 Zoning Board Of Appeals and the Villages of Hillburn and Sloatsburg in Rockland County,New York.Ms.Fusco compiled and submitted an application for an Article 11 Permit to address the potential for incidental"takes"of timber rattlesnakes. New York State Electric and Gas, 2011 Reconductoring Projects, Various Locations, New York (Ecologist/Permitting Specialist:2010) While at another firm, Ms Fusco completed the wetland delineations for four (4) electric transmission lines planned for reconductoring in 2011. She conducted the delineations of the regulatory boundary of wetlands and waters under Federal jurisdiction along sections of these existing transmission lines in accordance with the Federal Manual and the Northcentral and Northeast Regional Supplement. Rochester Gas and Electric, 218 to Clyde Transmission Projects — Wayne County, New York (Ecologist/Permitting Specialist:2012). While at another firm,Ms. Fusco provided permitting and ecological surveying services for RG&E in support of the planned 218 to Clyde New Transmussion Line Project which consisted of the construction of a new 10.4 mule transmission line and the rebuilding of 10.4 miles of existing transmission line, and the Line 708 Rebuild Project, which consisted of the rebuilding of 3.2 mule section of existing transmission line. Both Projects occur in Wayne County, NY. She conducted the field delineations of the regulatory boundaries of wetlands and waters under Federal jurisdiction along sections of these existing transmission lines in accordance with the Federal Manual and the Northcentral and Northeast Regional Supplement.Ms.Fusco also assisted in the preparation of the NYSDEC and USACE permit applications required for the project. New York State Electric and Gas,Corning Valley Transmission Project-Steuben County,New York,NY (Licensing Manager:2010) While at another firm,Ms.Fusco supported regulatory compliance services for New York State Electric and Gas' (NYSEG) Corning Valley Transmission Project (CVTP). The CVTP was conducted to increase electric power reliability in NYSEG's electrical service territory in Steuben County,New York and consisted of the development of a new 230-115 kV, substation (i.e.,the "Stoney Ridge Substation") in the Town of Campbell;the development of a new 115-12.5 kV substation (i.e., the "Sullivan Park Substation") in the Town of Erwin; as well as the development of a new 9 6 mile, 115 kV line from the new Stoney Ridge Substation to the existing West Erie Substation, located in the Town of Erwin. Ms. Fusco assisted in the coordination and correspondence with NYSDEC and USACE regulators in an effort to finalize freshwater wetland approvals for the project. She also compiled and submitted an application for a Subdivision Approval to the Town of Campbell Planning Board for the land subdivision required for the development of a new substation required for the utility improvements. enXco LIPA Solar PV Project - Suffolk County, New York. (Regulatory Compliance Specialist: March 2009) While at another firm, Ms. Fusco served as the regulatory compliance and permitting lead for the proposed development of seven solar power generating facilities as part of enXco's LIPA Solar PV Project,which proposed installation and operation of solar photovoltaic (PV) equipment on existing building rooftops and/or newly installed carports within existing parking lot areas at various, commercial, industrial, and institutional sites throughout Suffolk County.The proposed solar PV equipment would be capable of producing up to 20 megawatts (MVS of solar energy for the Long Island Power Authority (LIPA) service area to help meet Long Island's long- term energy needs and LIPA and New York State's renewable energy goals.To start, she conducted a review of available mapping for the sites and eventually performed a wedand delineation to determine the jurisdictional boundary of New York State Department of Environmental Conservation- (NYSDEC) regulated freshwater wetlands and waters on two of the proposed sites She prepared an application for a Wild,Scenic,and Recreational River (WSRR) Permit to be submitted to NYSDEC for authorization to construct the proposed solar generating facilities within close proximity to the Peconic River,which is currently designated as a community river in the WSRR system. This application focused on the project's minimization of impacts to natural resources, water quality, and scenic resources along the river corridor. In addition, Ms. Fusco also compiled the draft NYSDEC DRECEIV�EDJACQUELINE S. FUSCO TECHNICAL DIRECTOR p 3 Freshwater Wetland Permit application to seek authorization for impacts to the regulated Adjacent Area as part of the proposed solar development.Throughout the conceptual design phase of the project Ms.Fusco assisted enXco in coordinating with the appropriate regulators to provide for a seamless regulatory review process. Confidential Client, Linden, New Jersey (Wetlands Specialist/Land Use Permitting Coordinator: 2010 and 2015 to 2016) While at another firm, Ms. Fusco served as the project lead for the freshwater wetland regulatory compliance services for a 1,300-acre refinery property in Linden,New Jersey.To remain in compliance with NJDEP land use regulations while undertaking the on-going ISRA-related activities at the facility, Ms. Fusco prepared and submitted an application for a Letter of Interpretation(LOI)reissuance(in 2010)and an LOI (2016) to request the NJDEP's confirmation of the jurisdictional boundary of wetlands and waters on the refinery property. She conducted a wetland site inspection to record observations regarding existing site conditions, focusing on the presence/absence of wetland indicators,such as hydrology and vegetation. She also conducted an investigation of applicable land use authorizations and available regulatory mapping to identify changes in land use since the issuance of the original LOI issued for the site. New York State Electric and Gas, Chenango County Transmission Project - Chenango County, New York,NY(Ecologist/Permitting Specialist:2011). While at another firm, Ms. Fusco led the wetland delineation field effort for the NYSEG's Chenango County Transmission Project(CCTP),which consisted of the development of a new,approximately 10.7-mile,overhead 46 kV line from NYSEG's existing County Line Substation to the new Columbus Substation through the Towns of Sherburne and Columbus to a newly constructed 46-12.5kV Columbus Substation. A total of 3.95 miles of this proposed transmission line is located on new right-of-way. She conducted preliminary reviews of the routing alternatives using available New York State agency mapping/information to identify protected resources for additional review in the field and conducted wetland delineations in accordance with the USACE Interim Regional Supplement to the Corps of Engineers Wetland Delineation Manual:Northcentral and Northeast Region(October 2009). Regulatory approvals required by the project include USACE wetland permits, completion and acceptance of environmental impact documentation pursuant to the New York State Environmental Quality Review Act,and NYSDEC Construction SWPPP Approval Applications were submitted in Winter 2012 with a planned Summer 2012 construction date. In addition to acquisition of required environmental permits, she assisted in the route selection process and conducted an alternative route evaluation that was used to support the project's SEQRA review.The CCTP is proposed to enhance regional reliability and to meet the increasing demand for electricity in the Chenango County service area, particularly by Agro-Farma, Inc., New York's largest dairy product manufacturer and the maker of Chobamu®Greek Yogurt. PPL Electric Utilities, Peckville-Varden 138/69 kV Rebuild Project, Wayne and Lackawanna Counties, PA(Ecologist/Permitting Specialist:2012-2013) While at another firm, Ms. Fusco served as the lead on environmental permitting for the planned 19.5-mile Peckville-Varden 138/69 kV Transmission Line Rebuild Project, which was conducted under the Northeast Pocono Reliability Project. This Project involved ecological studies, including the delineation of wetlands and suitable habitat for various plant species of special concern and protected wildlife species identified by the trustee agencies. She is also coordinating closely with the PPL Project Team and Project engineers to provide an integrated approach to minimizing impacts to protected resources and in turn minimize permitting efforts and approvals required for the planned rebuild.Anticipated pernuts/approvals for the Project include Federal and State Individual Wetland Permit approvals, an Individual NPDES Permit, and associated erosion and sediment control approvals, and agency clearance for rare, threatened, and/or endangered species potentially located along the existing transmission hne corridor. RECEIVED _74(93S6 JACQUELINE S. FUSCO LIAR 2 6 2029 TECHNICAL DIRECTOR I P.4 Zoning Board Of Appeals PPL Electric Utilities,Lackawanna-Providence Reconstruction Project,Lackawanna County,PA(Project Manager/Permitting Specialist:May 2012-2016) While at another firm,Ms. Fusco managed the multi-media permitting efforts for the planned reconstruction of a 7.2-mile span of a 69 kV transmission line within Lackawanna County, Pennsylvania. As part of the services provided to PPL,Ms Fusco managed the wetland delineation field activities, as well as the field studies to assess the presence of potential Eastern small-footed bat (Myons leibi) habitat, at that time, a State-threatened species. Ms. Fusco utilized these studies to support Chapter 102 and 105 permit application submissions,which she also prepared and submitted to the Lackawanna County Conservation District (LCCD) and Pennsylvania Department of Environmental Protection(PADEP),respectively. PPL Electric Utilities, Manor-Graceton Reconstruction Project, York and Lancaster Counties, PA (Ecologist/Permitting Specialist:2010-2011) While at another firm, Ms. Fusco provided regulatory compliance and ecological surveying services for PPL in support of the planned reconstruction of a 14 5-mile span of a 230 kV transmission line within York and Lancaster Counties, Pennsylvania. As part of the services provided to PPL, Ms. Fusco was the lead on the wetland field delineations for the Project, conducted in accordance with USACE protocols, including the Eastern Mountains and Piedmont Regional Supplement She also participated in additional field studies to assess the presence of potential Bog turtle habitat and the rare plant species of special concern identified by the State agencies. Confidential Client Operations & Maintenance Facility — Maryland (Regulatory Compliance Specialist November 2019—Present) Ms. Fusco is currently managing the permitting and licensing effort for the development of an operations and maintenance facility for a confidential offshore wind developer. To date, she conducted the feasibility study to assess the development potential for the selected site. As part of the Feasibility Study, she reviewed the requirements for Federal,State,and local permitting and identified the applicable permits and associated permitting schedule to support the construction of this coastal facility. Since the study was completed, additional properties are being considered by the client,and AKRF continues to support the client in identifying the permitting strategy for all development options. Ultimately, after all pre-construction permits are obtained for the project,AKRF's efforts will transition into construction support to ensure compliance with the permits issued. Confidential Client—Con Edison Bulk Energy Storage Request for Proposal(RFP) Support (Regulatory Permitting and Compliance Specialist:November 2019) Ms.Fusco recently supported a number of confidential clients who were preparing proposals for submittal to Con Edison for the development of new battery energy storage facilities in response to Con Edison's Bulk Energy Storage Request for Proposal (RFP), dated July 15, 2019. The RFP called for the development of at least 300 megawatts (MVS of energy storage that would be operational by December 31,2022. For two (2) of the projects specifically,Ms.Fusco managed the AKRF's efforts in the performance of critical issue and environmental permitting screening reviews of each potential development site to identify the potential critical environmental and/or regulatory issues that need to be considered by each prospective developer as they evaluate potential site development options Critical review topic areas addressed included land use and zoning reviews; noise assessment; and review of wetland and ecological impacts. Additionally, Ms. Fusco prepared preliminary Perrmtting Plans and Licensing Schedules for each proposed development site for incorporation into the client's proposal document. She also coordinated with the project teams to ensure all elements of the bid documents were completed in accordance with Con Edison's RFP. Confidential Client — NYSEG/RG&E and National Grid Bulk Energy Storage Request for Proposal (RFP) Support(Regulatory Permitting and Compliance Specialist:December 2019—April 2020) Similar to the support provided for the NYSEG/RG&E and National Grid Bulk Energy Storage Request for Proposal(RFP),Ms.Fusco managed AKRF's effort to supporta confidential client in submitting proposals for ten RECEIVED -1gG3� .JACQUELINE S. FUS00 MAR 1 6 2021 TECHNICAL DIRECTOR I P.5 Zoning Board Of Appeals (10) potential energy storage development sites. The RFP to procure a minimum of 10 MW of bulk-connected energy storage projects to be in service by December 31, 2022. This initiative will help the state meet energy storage goals and complement the growing use of intermittent technologies on the bulk-electric system. Ms.Fusco conducted environmental/land use reviews for each site and compiled the documentation required in accordance with the RFP documents,which included permit listings and associated schedules. PSEG Power LLC — PSEG Ocean Wind Due Diligence Support (Regulatory Permitting Specialist: August 2019-Present) Ms. Fusco recently assisted PSEG Permitting Staff in compiling the regulatory/permitting section of the Due Diligence Report for presentation to the PSEG Board of Directors to support their decision as to whether PSEG would partner with Orsted in the Ocean Wind Project. The project involves the construction and operation of offshore wind turbines approximately 15 miles offshore of Atlantic City. The turbines will produce approximately 1,100 MW of clean energy. The Due Diligence Report prepared documented the regulatory framework for all portions of the project,presenting the anticipated regulatory schedule and with a focus on the incurred risks due to the unknowns of the new offshore permitting processes. PSEG Power LLC—New Jersey Wind Port(Regulatory Permitting Specialist:April 2020-Present) Ms. Fusco is currently supporting PSEG in their efforts to permit the proposed Port to support offshore wind turbine construction and material delivery. PSEG is proposing to construct and operate this Port, through a partnership with the New Jersey Economic Development Authority, in an effort to support the State renewable energy goals and creating jobs in the State of New Jersey to support construction. As part of this effort,Ms.Fusco helped compile applications to the U.S. Army Corps of Engineers, New Jersey Department of Environmental Protection,Delaware Department of Natural Resources and Environmental Control,and the Delaware River Basin Commission to obtain authorization for the approximately 87 acres of dredging within the Delaware River to support Port operation and 30 acres of land disturbance for the onshore facilities. Impacts include in-water, coastal/tidal wetland,floodplain,and riparian zone impacts,for which an alternatives analysis was prepared Bergen County Utilities Authority Edgewater Force Main and Pump Station Project — Hudson and Bergen Counties,New Jersey(Regulatory Compliance Specialist December 2019—Present) Ms.Fusco is currently serving as AKRF's Project Manager in support of the permitting effort for the installation of an approximately 4-mile sewer force main for the BCUA that will direct sanitary discharges to the Little Ferry Wastewater Treatment Plant in response to a Memorandum of Agreement with the New Jersey Department of Environmental Protection (NJDEP). AKRF services include obtaining the land use permits required for the project's geotechnical investigation and full permitting for the force main installation and operation,which includes Waterfront Development, Flood Hazard, and Freshwater Wetlands permitting Additionally, AKRF is also providing NJ Licensed Site Remediation Professional (LSRP) services to the project in accordance with the NJDEP's Linear Construction Guidance documents. This efforts includes completion of an environmental due diligence report for the Project's 4-mile linear construction corridor, development of a pre-construction environmental sampling program, field supervision of the pre-construction environmental sampling program, and development of a materials management plan for use during project construction. PSEG Power Connecticut LLC, Combined Cycle Project at PSEG Bridgeport Harbor Station— City of Bridgeport,Fairfield County,Connecticut Ms Fusco is currently serving as the Project Manager for multi-media permitting and compliance services initially for the planning and construction of a new combined-cycle plant at the existing PSEG Bridgeport Harbor Station (BHS) electric generating facility and has now transitioned into permit close-out efforts. The Facility consists of a 485 MW dual fuel, single train combined-cycle power plant. A combined-cycle power plant uses both a gas and steam turbines together to produce more electricity from the same fuel. The plant includes a combustion turbine (similar to a very large jet engine), a heat recovery steam generator (HRSG) and a steam turbine to generate electricity. Waste heat from the combustion turbine will be routed through the HRSG to create steam,powering - RECEIVED -1Lf(a3S8 JACQUELINE S. FUSCO MAR 2 8 2021 TECHNICAL DIRECTOR I P 6 Zoning Beard Of AAAeals the steam turbine and generating additional power in an efficient manner. As part of her effort, she successfully coordinated with regulatory agencies and stakeholders from the Federal to the City level to obtain the permits and approvals required for both the construction and operation of the new plant,including stormwater and wastewater discharge permits, coastal consistency approvals, and local City of Bridgeport approvals. Through coordination with PSEG and the Project Engineers, Ms. Fusco supported the project design phase to ensure regulatory compliance. Once permits were received, Xls. Fusco supported the construction team in ensuring the Project's regulatory compliance, conducted required regulatory inspections and reporting. She later transitioned into supporting the plant's operations team in navigating through the complexities of the wastewater and stormwater discharge permits, and monitoring the site in accordance with the plant's Spill Prevention, control, and countermeasure(SPCC)Plan and is providing the team with training to ensure compliance during plant operation. Her final efforts to support the project include obtaining permit close-outs as the plant structures and site finishes are being completed. PSEG Fossil, LLC, Hudson Warehouse Project at PSEG Hudson Generating Station — Jersey City, Hudson County,New Jersey While at another firm,Ms.Fusco provided the lead in the environmental/land use permitting effort to support the construction of a new warehouse building at the PSEG Hudson Generating Station. As part of the effort, Ms. Fusco prepared and submitted the Flood Hazard Area Individual Permit application to the New Jersey Department of Environmental Protection (NJDEP), Division of Land Use Regulation (DLUR). In addition, she met with the New Jersey Sports and Exposition Authority and assisted in obtaining the Zoning and Construction Code approvals, and well as the Soil Erosion and Sediment Control Certification from the Hudson-Essex-Passaic Soil Conservation District. PSEG Fossil, LLC, Marion Dock Rehabilitation Project at PSEG Hudson Generating Station —Jersey City,Hudson County,New Jersey While at another firm,Ms.Fusco provided the lead in the environmental/land use permitting effort to support the planned improvements to the Marion Dock Facility,located at the existing PSEG Hudson Generating Station in Jersey City, Hudson County, New Jersey. As part of the Project, she managed the land use and construction permitting effort for the relocation of two (2) existing underground pipelines and demolition of the Screen House which was formerly used to supply the decommissioned Marion Dock Generating Station with process water from the Hackensack River. To support the second phase of the Project, she assisted PSEG in obtaining the land use and construction permits for the reconstruction of the existing Marion Dock Because the Project site is located within the Hackensack Meadowlands District, regulated activities fall under the jurisdiction of the New Jersey Sports and Exposition Authority (NJSEA) As such, the Project required a Zoning Certificate and review by NJSEA, as well as Flood Hazard Individual Permits and an In-Water Waterfront Development Permit from the New Jersey Department of Environmental Protection (NJDEP) Division of Land Use Regulation (DLUR). In addition, Ms Fusco worked with the U.S. Army Corps of Engineers and National Oceanic and Atmospheric Administration, National Marine Fisheries Service in support of the Section 10/404 Permit authorization for the dock rebuild activities within the Hackensack River,which included dock reconstruction and shoreline restoration activities. The Project was frilly constructed in Spring/Summer 2015. PSEG Fossil,LLC,Mercer Coal Pile Stormwater Conveyance System Installation Project at PSEG Mercer Generating Station—Hamilton Township,Mercer County,New Jersey While at another firm,Ms.Fusco provided the lead in the environmental/land use permitting effort to support the construction of a stormwater conveyance system around the existing coal pile at the PSEG Mercer Generating Station.Because the facility is adjacent to the Delaware River, the Project required preparation and submission of an Upland Waterfront Development Permit,Flood Hazard Area (FHA) Individual Permit and FHA Verification, which were completed and submitted by Ms. Fusco. Ms. Fusco also led the coordination with the New Jersey Department of Environmental Protection (NJDEP) Division of Land Use Regulation (DLUR) to obtain concurrence that the project,although a"major development",did not require water quality review by the NJDEP l RECEIVED '-7 q 3g15 MAR 2 6 2021 JACQUELINE S. FUSCO Zoning Board Of Appeals TECHNICAL DIRECTOR I P.7 DLUR reviewing engineers, which would have required detailed stormwater calculations and delayed the permit issuance. PSEG Fossil, LLC, CMS Improvements Project — Township of Woodbridge, Middlesex County, New Jersey(Permitting Lead:2014-2016) To support PSEG Fossil, LLC in the construction of a new administration building at the Central Maintenance Shop Facility located at the Sewaren Generating Station in the Township of Woodbridge,Middlesex County,New Jersey,Ms. Fusco served as the lead for the environmental/land use permitting effort,while at another firm This included the preparation and submission of an Upland Waterfront Development Individual Permit to the New Jersey Department of Environmental Protection, Division of Land Use Regulation. In addition, Ms. Fusco supported the efforts to obtain the Municipal Site Plan approval from the Township of Woodbridge. North Bergen Liberty Generating,LLC,North Bergen Liberty Generating Station Phase 11,North Bergen,NJ The overall project also proposes the installation of a natural gas lateral connecting to Con Edison's nearby gas transmission system and a new force main from the Bergen County Utilities Authority's Little Ferry Water Pollution Control Facility to provide reclaimed water to the site for use as process water make-up. AKRF was tasked with the acquisition of required land development approvals from the New Jersey Sports and Exposition Authority (formerly New Jersey Meadowlands Commission) and environmental approvals from the New Jersey Department of Environmental Protection (NJDEP), the U. S.Army Corps of Engineers,and the Bergen County and Hudson Essex Passaic Soil Conservation Districts. NJDEP approvals include a PSD Air Permit,Waterfront Development and Flood Hazard Area Permits,stormwater management approvals,tidelands approvals/grants and construction dewatering discharge and water allocation permits. Corp of Engineer permits included Nationwide Permit No.7 approval for a new outfall structure and Nationwide Permit No. 12 for the proposed reclaimed water line HDD crossing of the Hackensack River. Ms. Fusco supported the AKRF permitting team in resource mapping and planning for the routing analyses for the proposed project utility corridors. Spectra Energy, NJ-NY Expansion Project — Bergen, Hudson, and Union Counties, NJ and Kings County,NY The NJ-NY Expansion Project,which spans portions of New Jersey and New York,is designed to improve upon the existing gas pipeline network.While at another firm,Ms.Fusco,as part of a multidisciplinary project team,was responsible for the conducting environmental field surveys and resource assessments for areas along the planned pipeline route to support permitting prior to construction and then during construction to ensure activities remained in compliance with Federal Section 10/404 permits issued by the U.S.Army Corps of Engineers. In addition, Ms. Fusco assisted in the field studies to evaluate the presence/absence of threatened species within the forested upland habitat located near the existing pipeline substation.The objective was to locate any indicators of Barred owls (Stnx Pana)and Red shouldered hawks (Buten lineatits).The project was in accordance with State and Federal regulations of indicators of the select species of raptors. Confidential Client,Linden,New Jersey (Wetlands Specialist/Land Use Permitting Coordinator: 2015 to 2016) While at another firm, Ms. Fusco served as the project lead for the freshwater wetland regulatory compliance services for a 1,300-acre refinery property in Linden,New Jersey To remain in compliance with NJDEP land use regulations while undertaking the on-going ISRA-related activities at the facility, Ms. Fusco prepared and submitted an application for a Letter of Interpretation (LOD to request the NJDEP's confirmation of the jurisdictional boundary of wetlands and waters on the refinery property. She lead the wetland field delineation effort to record observations regarding existing site conditions, focusing on the presence/absence of wetland indicators,such as hydrology and vegetation. RECEIVED Iq(a-3 MAR 2 6 2021 Attachment Zoning Board Of Appeals NYSDC Region 1 Wetlands Correspondence Elizabeth Weatherby<eweatherby@akrf com> RE:Time-of-Essence:Reflagging NYSDEC established Wetland @ 69430 Main Road.Greenport 1 message Lewis,Daniel E(DEC)<daniel lewis@dec ny gov> Thu,Oct 31,2019 at 1 42 PM To Elizabeth Weatherby-eweatherby@akrfcom> Cc Idacg-Idacg@optonline net>,"W C Miller Jr"<wcmillegr@clearviewgroup net> Ms Weatherby,I have reviewed the updated survey(Robert W Brown last dated 10/22/2019) 1 confirm that the location of the wetland flags and line of existing vegetation are correct In addition you have placed on the plans the 100 foot Jurisdictional boundary I confirm that the 100 foot line is accurate Lastly,you have added a line labeled'10'buffer which represents the addition of 10 feet of additional buffer along the entire length of the existing wetland and naturally vegetated buffer I confirm that this is what the Department would be asking for under a proposal to develop this property commercially In addition we would ask that you install a fence along that line labeled"10'buffer"to protect the wetland and buffer A post and rail fence would be sufficient but most other types offence would also be approvable Another minor requirements that we would ask for through the perm/application process is that all of the turf grass within the area to be converted to buffer be rotoblled and the area seeded with a native perennial seed mix that does not include any turf grass We would want to see you capture storm water for any impervious structures within 100 feet of the wetland and send that storm water to sub surface,or other,storage outside of the 100 foot Junsdictional boundary If there are to be any sanitary facilities constructed,all sanitary leaching structures must be located outside of the 100 foot Jurisdictional boundary I hope that this answers all of your questions Please,feel free to call or write if you have additional questions Daniel Lewis RECEIVED Biologist,Fish,Wildlife and Marine Resources � 103,Sd New York State Department of Environmental Conservation MAR 2 6 2021 50 Circle Road,Stony Brook,NY 11790-3409 P (631)444-0278 1 F (631)444-0272 1 daniel lewis@dec ny gov Zoning Board Of Appeals www dec ny gov I®1 From.Elizabeth Weatherby-eweatherby@akrf com> Sent Thursday,October 31,2019 9 58 AM To Lewis,Daniel E(DEC)<daniel lewis@dec ny gov> Cc:Idacg-Idacg@optonkne net,,WC Miller Jr<wcmdIerjr@cIearviewgroup net> Subject Re Time-of-Essence Reflagging NYSDEC established Wetland @ 69430 Main Road Greenport A'1TENTJON Thrs emer!came r'ram an ax!ernat source Do not cp?n attachn rants or c1+ck on forAs rro+m unFrown sandars or uneepaaed emads Good morning Dan, As a follow-up to your site visit with Land Design on October 17 at the property located at 69430 Route 25,Hamlet of Greenport in the Town of Southold(SCTM#1000-45-5-1),please find attached a letter transmitting the updated survey As indicated in the letter and discussed during our prior phone conversations,we are also requesting confirmation of our understanding of NYSDEC's requirements related to potential commeroal development activities at the site Should you have any questions,or would like to discuss the attached further,please do not hesitate to contact me at(856)359-7633 or eweatherby@akrf com Thankyou Regards, Elizabeth On Thu,Oct 17,2019 at 142 PM Lewis,Daniel E(DEC)<daniel lewis@dec ny gov>wrote I was on site this morning with the surveyor We found 3 of the original 4 flags and added 3 new flags that rounds the edge of the fresh water wetland to the property line The surveyor staled that he had already picked up the edge of lawn I edge of natural buffer vegetation to the wetland Please have the following note added to the plans somewhere in the vicinity of the freshwater wetland"The NYS regulated freshwater wetland as delineated by D Lewis on 10/17/2019" From Idacg<Idacg@optonline net> Sent Saturday,October 12,2019 8 19 AM To Lewis,Daniel E(DEC)<damel levms@deanygov> Cc'Elizabeth Weatherby'<eweatherby@akrfcom> Subject Re Time-of-Essence Reflagging NYSDEC established Wetland @ 69430 Main Road Greenport i ' AA�TEV71OiV Tl1rs amort came€rom art ax ternat samca DnoY ojan apt=ehments cr cAclt on tlnks from crnYnot-.r;setzdars of ernexpectad emarts Daniel,We at Land design have set as you advised Oct 17 as our prefered dale to be on site if that works for your Bob B I Sent from my Venzon,Samsung Galaxy smartphone RECEIVED 0 3516 � -----Original message----- From"WC Miller Jr"<wcmillepr@clearviewgroupnet> MAR 2 6 2021 Date 10/11/19 3 02 PM(GMT-05 00) To daniellewis@decnygo,"'RobertWBrown,LS"'<Idacg@optonlinenet> Zoning Board Of Appeals I Cc'Elizabeth Weatherby'<eweatherby@akrf com> Subject Time-of-Essence Reflagging NYSDEC established Wetland @ 69430 Main Road Greenport t Daniel.Thank you for your courtesies extended to us,though AKRF's Elizabeth Weatherby,to return to the subject property to reflag the subject NYSDEC mapped Wetland on one of the following dales As the Engineer-of-Record,I've oc'd Land Design Associates(LDA)Bob Brown,LS whom we mutually want on Site alongside you to simultaneous stake and shoot these reflagged locations in i order to expedite the delineated Wetland+10'Buffer Survey of Record you've requested for our mutual files •Thursday 10/17/19 10 30am-3 30pm f •Monday 10/21/19 am only •Tuesday 10122119 Anytime •Wednesday 10/22/19 Anytime •Thursday 10/23119.Anytime i Bob Since you/LDA's Survey crew are the other primary party to this Time-of Essence documented closure action,please step and communicate directly with Mr Lewis to mutually select a date/time certain from Mr Lewis'above availability in order to expedite LDAs completion of both the coordinated field work and follow-up timely delivery of the NYSDEC Region 1-required delineated Wetland+ i 10'Buffer Survey-of-Record I Thank you, Bill —`jlmage removed by sender cid image008 jp9@01 CFA2D2 FOAF35C0 Image removed by sender https/lsconlent-Ig13-1 xx fbodn netrvAl 0-9113707536 940443792732456 6686200190041056970 n jp?oh=763c34941387844554a820c82a40Ocb8oe=59A72683 i William C Miller,Jr,PE,President Clearview Consultants,LLC A Clearview Group Subsidiary PO Box 5430 Miller Place,NY 11764-2108 1 Direct 631 474 1150 Fax 631 403 4761 WCMdlerJr@ClearviewGroup net i From Lewis,Daniel E(DEC)<daniel lewis@dec ny gov> Date Tue,Oct 8,2019 at 1122 AM Subject RE 69430 Route 25,Southold 1000-45-5-1 To Elizabeth Weatherby<eweatherby@akrfcom> i 1 Elizabeth,the earliest I can be on site is Thursday the 17th I can be at the site by 10 30 and 3 30 at the latest Do you think that date will work for you? If not we are into the next week Monday the 21st in the a in or Tuesday and Wednesday the 22nd and 23rd all day Let me know Dan Lewis From.Elizabeth Weatherby<eweatherby@akrf com> Sent*Monday,September 30,2019 8 36 AM To Lewis,Daniel E(DEC)<daniel lewls@dec ny gov> Subject Re 69430 Route 25,Southold 1000-45-5-1 i ATTErVTtOPi Thrs entad cprnr frortl an externef source Qe not open attachtnerars a cAGt on&rales from urlknotan senders or unexpec>ed emarts .� Good morning, I hope you had a good weekend I wanted to follow-up on our discussion last week and see while you are in the Town of Southold,if you are able to go the this property and reflag the wetland,or at least check if the four flags are visible I am trying to line up our surveyor but am not sure we vnll be able to meet on site,do you know which day you may be at the property? Thank youl Regards, Elizabeth RECEIVED EchnicalDlizabeth J Weatherby �Technical DirectorAKRF,INC.Environmental,Planning,and Engineering Consultants 307 Fellowship Road,Suite 214 Ml Laurel,NJ 08054 P)856 359 7633 1 F)856 797 9932 rd www akrf coin 1 RECEIVED Environmental,Planning,and Engineering Consultants 7 L4(o'" 307 Fellowship Road MAR 2021 Suite 214 Mt Laurel, NJ 08054 tel.856 797-9930 Zoning Board Of Appeals fax-856 797-9932 www.akrf.com October 31,2019 Via e-mail Attachment Mr. Daniel Lewis New York State Department of Environmental Conservation Division of Fish,Wildlife&Marine Resources Bureau of Habitat,Region 1 SUNY @ Stony Brook 50 Circle Road Stony Brook,NY 11790 daniel.lewis@dec.ny.gov Re: 69430 Route 25 Greenport,Suffolk County,New York SCTM# 1000-45-5-1 NYSDEC Region 1 Wetlands Delineation Dear Mr.Lewis: Following up on prior subject communications with you,please find enclosed the updated Survey prepared by Land Design Associates, DPC (LDA) of the subject Lot located within the unincorporated Hamlet of Greenport,Town of Southold, Suffolk County,reflecting your October 17,2019 on-Site walkover and re- delineation of the existing freshwater wetland. The attached LDA Survey includes the following information: • The locations of the six(6)NYSDEC Region 1 flags, which now delineate the updated boundary of the on-Site jurisdictional freshwater wetland; • A 100-foot adjacent area contiguous to the re-established wetland boundary, also regulated by NYSDEC; • The existing wooded vegetation line as simultaneously surveyed by LDA on October 17, 2019; and, • A 10-foot buffer contiguous to the existing wooded vegetation line,which NYSDEC requires to be maintained and permanently fenced. Your August 8,2018 letter states that NYSDEC would allow commercial development within the already cleared 100-foot adjacent area contiguous to the delineated wetland,subject to the following: • Maintaining the delineated 10-foot wooded vegetation buffer; and, • Securing a NYSDEC Permit under the Freshwater Wetlands Act(Article 24),which would allow clearing of any remaining vegetation outside the delineated 10-foot wooded vegetation buffer. Offices in New York.New Jersey•Pennsylvania.Maryland•Ohio Mr. Daniel Lewis 2 October 31,2019 AKRF respectfully requests your confirmation of: • The aforementioned freshwater wetland, as well as 10-foot wooded vegetation and 100-foot adjacent area boundaries, as delineated in the attached LDA Survey, which will then, in-turn, be included on all future Site development plans;and, • NYSDEC's permitted future commercial development on this Lot, outside the 10-foot wooded vegetation boundary as articulated in your August 8,2018 letter and now delineated in the attached LDA Survey. If you have any questions or comments regarding the above or attached,or wish to discuss AKRF's request in greater detail,please feel free to contact me at eweatherby@akrf.com or 856-539-7633. We appreciate your efforts to clarify and confirm NYSDEC's requirements for this property. Sincerely, AKRF,Inc. tt� RFCEIV,ED Elizabeth Weatherby MAR 2 9 202, Technical Director Zoning Board O(Appeals CC: W.C.Miller,Jr.,PE-Clearview Consultants,LLC R. W.Brown,LS -Land Design Associates,DPC Attachments: Attachment 1.Updated Property Wetlands Survey I ` I, Attachment 1 Updated Survey RECEIVE® -7+6356- MAR 2 6 2021 L ng Board Of Appeals MAI" ROAD SITE h a Q 151 79' 149 07' 0 .1`..E N457'40"E L \ 648e+ .] Y y 93 92 96 ATLAS LOCATION (NTS Ed FU Z I to W I 99 I QL l 0 0 Ao o cj LEGEND -WOODS LINE FF=125 / 0 -WERAND FLAGGING BLDG —/O--EXISTING CONTOURS /lo] IOL -SPOT ELEVATION SHED 105 104 � o YG / 1C} AO I / 108 I � � OUFjP p5 NC/{ i \per WOp / _kc / / RIC 8 96 / 106 Orn EXISTING CONDITIONS 'STI - C° °�,\9 y I GREENPORT,NY lot fl. >'i� I / SCTM#1000-45-05-01 Q F"•\� WOODS UNE NO A 300 00 P Dein 1'0 '10 xOmp m 9B � sd1•oa'fo•'w � p' Ts1ALl Robert WYB B-.,L S L,c 4912. W�•I"=20' 1 OF 1 iY RIG I <u KRF Environmental,Planning,and Engineering Consultants 307 Fellowship Road Suite 214 Mt Laurel, NJ 08054 tel. 856 797-9930 fax 856 797-9932 www akrf com September 18,2019Mr.Daniel Lewis LM New York State Department of Environmental Conservation Division of Fish,Wildlife&Marine Resources Bureau of Habitat,Region 1 SUNY @ Stony Brook 50 Circle Road Stony Brook,NY 11790 Re: 69430 Route 25,Southold(SCTM# 1000-45-5-1) Dear Mr.Lewis: As discussed during our phone conversation on August 16,2019,AKRF reviewed your letter dated August 8, 2018 in regards to wetlands delineated by the New York State Department of Environmental Conservation (NYSDEC) at a property located at 69430 Route 25 in the Village of Greenport, Town of Southold,Suffolk County. The letter states that the NYSDEC placed four (4) wetland flags along the delineated boundary of a jurisdictional freshwater wetland (Attachment 1). The wetland has a 100-foot adjacent area that extends from that wetland boundary that is also regulated by the NYSDEC. In addition,the NYSDEC letter states that for commercial development, a 10-foot vegetation buffer (existing and/or newly planted) along the entire edge of the wetland boundary must be maintained and permanently fenced. A copy of your August 8,2018 letter is provided in Attachment 1. The letter also states that while commercial development within the already cleared 100-foot adjacent area would be allowed such that the 10-foot vegetation buffer is maintained, activities would require a permit from the NYSDEC under the Freshwater Wetlands Act (Article 24). This would include clearing of any remaining vegetation that is outside the 10-foot vegetation buffer. The wetland boundary, adjacent area boundary and vegetation buffer boundary would need to be shown on future development drawings. As recommended by you in our phone conversation,AKRF is transmitting a copy of the NYSDEC survey drawing which has been marked up to show the boundary of the 10-foot vegetation buffer in order to confirm the boundary location is correct(Attachment 2). Once confirmed,the wetland boundary,adjacent area boundary and vegetative buffer will be shown on future development drawings. We are also requesting confirmation of the above statements in regards to potential commercial development and NYSDEC's requirements. Offices in New York•New Jersey•Pennsylvania o Maryland•Ohio Mr.Daniel Lewis 2 September 18,2019 If you have any questions or would like to discuss AKRF's request proposal in greater detail, please feel free to contact me at eweatherby@akrf.com or 856-539-7633. Sincerely, AKRF,Inc. . RECEIVE® Elizabeth Weatherby MAR % 6 2021 Technical Director Zoning Board Of Appeals Attachments: Attachment 1.NYSDEC letter dated August 8,2018 and survey drawing Attachment 2.Marked survey drawing Attachment 1 NYSDEC letter dated August 8,2018 and survey drawing RECEIVED 14 L3 S6 MAR 2 6 2029 Zoning Board Of Appeals Offices in New York•New Jersey•Pennsylvania•Maryland•Ohio Division of Fish,Wildlife&Marine Resource ..ureau of Habitat,Region 1 SUNY @ Stony Brook,50 Circle Road,Stony Brook,NY 11790 P;(631)44402751 F:(631)4440272 www.dec.ny.gov i RECEIVE® August 8, 2018 MAR`f Robert Kowalski 565 Pine Neck Road Zoning Board pfAppeals Southold,-NY 11971 RE: The Department's jurisdiction under Article 24 (The Freshwater Wetland Act) on — your property, 69430 Route 25, Southold (SCTM# 1000-45-5-1) Dear Mr. Kowalski, y J Under Article 24 the Department has jurisdiction over all regulated freshwater wetlands and 100 feet landward of those wetlands. Many activities (including construction, x demolition, excavation, fill and clearing) within the wetland and the 100 foot adjacent i area require Article 24 permits from this Department. Conducting these activities without the benefit of a permit from this Department is in violation of Article 24 of the Environmental Conservation Law(ECL) and 6NYCRR Part 663 (the regulations ; promulgated under Article 24). Activities greater-than 100 feet from the regulated freshwater wetland do not require an Article 24 permit from this Department. i, a bureau-of ut,, t-v is+ted-yst r--pmpei# , refer eneed-abeve,e 2018. We placed 4 flags along the freshwater wetland boundary at the boundary's closest point to your property. For any future development of the site you should show those flags on a survey and label them "The NYS regulated freshwater wetland a; boundary as flagged by C. Knoll and D. Lewis on 8/7/2018." In addition, you should L show the 100 foot line form those flags.That line would be our jurisdictional limit under the Freshwater Wetland Act. We have reviewed historic aerial photos of the property and have determined that the N' YORK Department of r OP"PO`RTUNM Environmental Conservation j k L T yF� _ 4 -4 clearing on site is legal. Therefore, all of the lawn area would be considered existing V legally cleared area. Under Article 24 you could develop the legally cleared area for x residential purposes or commercial purposes. The only activity within that legally cleared lawn area that we would definitely prohibit would be new sanitary systems. ' Those would need to be located greater than 100 feet from the wetland. 'd For residential development you could subdivide, construct new SFDs, pools, driveways or any other accessory structures. You could work up to the line of natural vegetation: E We would not permit the clearing of any additional buffer vegetation within the wetland or 100 feet of the wetland. For all such development you should propose storage of k storm water from roofs, driveways or any other impervious surfaces for a three inch rain event. For pools you should show a drywell for pool filter backwash. That dry well R E N should be set as far from the wetland as reasonably possible. E5 In addition, we would also permit commercial development. We would require that you a create some additional buffer to the wetland. We would ask that you plant a strip of additional buffer vegetation 10 feet wide along the entire edge of the existing wetland buffer. In addition, you would need to install some'form of permanent fence along the new edge of the buffer. We would also expect that you use best management practices to minimize any impacts to the wetland from the commercial activities being conducted on site. Any residential or commercial development within that 100 foot jurisdictional adjacent area would require that you first obtain permits form this Department. If you have questions, please give mea call at 631 444 0278. Sincerely, C�1VE® Dan Lewis of Appeals �onin9 Board , i } 4 REITOR'S SEVENOA RE FARM INC. SURVEY OF PROPERTY S48.00'IWE Uou 290.00' __ AT ARSHAMOMAOUE �r TOWN OF SOUTHOLD SUFFOLK COUNTY, N.Y. I I � 1000-45-05-01 c I I SCALE'• 1'=40 NOVMBER 26, 2018 o 9 Bg �THE NYS REGULATED IWILAND BO OVARY AS RAGGED BY G KNOL AND D.LEMS ON B/7/20f8. aWwE \\ N/O/F row ON ON_ Ol \ COUNTY OF U fWLK � ae•E Q r aa«x sir.' rotsL CERRREV 717: g'x rNoc �-tv JEDI GROUP LLC car+r HOUSE °D wvEn W t� ROBERT AND KAREN KOWALSKI 0 MW � DECISION 2000 REAL ESTATE SERVICES• INC. »ea �� sxm -t o-+ - TITLE NO. 18-08-9080 a rA aaw M G CHICAGO TITLE INSURANCE COMPANY O N 4x4• � � N 1 n o KEY nL S COVER 0 Q REBAR ® 16E71 cowl 0) STAKE xrr eas am am !9 + TEBT HOF ° • a PIPE• cur cr WELL FIT9 Op NEW,,! 7^ 0 MavUMrErvT �} N4800'10'W �,Nrr 290.03' S� r Mere K7LAND BOUNDARY FLAG m C,-UTILITY POLE N/0/F lr x a is I H COUNTY OF SUFFOLK THE NYS REGULATED NEHAND BOUNDARY AS RAGGED BY G KNOT AND O LEW.S ON B/7/�pla NSETO —ONLY 3 OF THE 4 AT THE E OF aol SURWY ORIHMV EEDW O �RERA7 0.s PIPES NECK ROAD NO. 49618 BOUNDARY UNE SHOW IS FROM SURVEY RECOW INFORMATION. PECO —P.C. ANY ALTETAnOR GN ADOTION TD TMS SURWY IS A NOLITIaR OF SE017 W 7209OF THE NEW (631) 20 FAX(631) 765-1797 YORK STATE EDUCAmw LAw E�GCEPT AS PER sECTTON 7209-SUBDINSION 2 ALL CETWMATTONS P.O. BOOXX09 9909 HEREav ARE VAUD FOR THUS NAP AND COMES THEREQF ONLY 9-SAID MAP OR CLwrEs BEAR THE AREA= 83,9 1230 TRAVELER S7REET 98-1.37 IMPRESSED SEAL OF TIRE SURVEYOR WiOSE SIGNATURE APPEARS HEREON. SOUTH= N,Y. 11971 I RECEIVED Attachment 2 -141, 3 S� Marked Survey Drawing MAR 2 6 2021 Zoning Board Of Appeals "/o/F SURVEY OF PROPERT REROR'S SEVEN ACRE FARM INC. swoo'to'E L!-Ow 290.00' -- AT ARSHAMOMA0UE TOWN OF SOUTHOL `w SUFFOLK COUNTY, N. 1000-45-05-01 N �BM2M8 WETLANDS 6MMARY AS RAGOD BY a kola/ I \ AND D.UM ON 9/7/,Wa !f ` `\y O N 0 F O q ON _a vae �� COUNTY OF SUFFOLK g � CER7IRED 719: Z 4u� - I TAM Q,:-WME cow_ JEDI GROUP LLC w+rn ROBERT AND KAREN KOWALSKI - *% m SMD DECISION 2000 REAL ESTATE SERVICES, INC. „n9 ��` � — TITLE NO. 18-08-9080 0 omx CHICAGO TITLE INSURANCE COMPANY = KEY 9 COQ' � o � STAKE Jnr-esa BRICK n0 -" B TEST HOLE 071 y � � � w PDFE .Y"°`M9 ° Euro C/1 ■ -kANUA(&vr �} N4S00'10'W urr-saa 290.03' NE AND BOUNDARY FLAG I }� N/O/F 'O_ - UMJTY POLE COUNTY OF SUFFOLK THE N1S RLX/tiLATJ;D WMAND DaRMY AS FLAGGED By aAWOLL AND CL mm ON NETLAWS lYtN Oro FaAVma NOW-CKYDAW 7IDNO. Ar THE TAX OF FMD 9URWY MWRfMV EDGEOF wEMANDS PIPES NECK ROAD PE BOUNDARY LOVE MOW VS FWM S1MWY REGnRO pVfMAVOK (637) 705020 FAX(ET31) 7 STEVEN E. LOSQUADR.O ATTORNEY AT LAW 649 ROUTE 25A RECEM SUITE 4 -14 ROCXY POINT,NEW YORK 11778 (681) 744-9070 MAR 0 3 2021 PAX (691.) 744-9421 WWw.WSQUAD1Z0"W��.ao�� ZoningBoard OfAppeals o ne BY ELECTRONIC MAIL March 2, 2021 Leslie K.Weisman,Chairperson Town of Southold Zoning Board of Appeals 54375 State Route 25 Southold, NY 11971-0959 Re: Suffolk County Energy Storage 11,LLC Application for Special Exception#463SE Responses to March 1,2021 Town Planning Board Memorandum Dear Ms.Weisman: I write in furtherance of the Memorandum to the ZBA prepared on behalf of the Planning Board that is dated March 1, 2021 and submitted just prior to the upcoming continuation of the Applicant's Public Hearing on March 4,2021. 1 respectfully provide the following detailed rebuttals to the Memorandum for the review of the ZBA,and for inclusion in the Public Hearing Record. My responses, which reference the comments offered in the March 1, 2021 Memorandum, are as follows: ■ The Planning Board performed a site inspection of the property on February 25,2021 and does not support the project at this location forthe following reasons: 1.The Project proposes to increase lot coverage to 47.93 percent from 7.48 percent (it is unclear if the wetlands were assessed in lot coverage). The maximum 'permitted lot coverage in the LI Zoning District is 30 percent. A variance of lot coverage would set a precedent for the Light Indust;,al Zoning District if not specifically related to this type of use. To not support the Project based upon a Lot Coverage issue that may not, in fact, ultimately exist is premature. As the Applicant,from the very outset,has consistently emphasized to the ZBA,the Conceptual Site Plan provided as part of the subject Special Exception Application, is precisely that, Conceptual. Indeed, PSEGLI's 2021 solicitation and LIPA's specific Suffolk County Energy Storage 11, LLC Award, that will determine the Project's ultimate configuration, Site Plan and thus, required Lot Coverage, may very well result in this being non-issue and/or result in no need for a Variance. Chairperson Leslie Weisman f March 2, 2021 ��� Page Two /���j 2.The Project Is located within the Light Industrial Zoning District and §28.0-64 Front Yard Setbacks of the Southold Town Code requires that structures be set back at least 100'from a Right-of-Way. A 25' Front Yard setback from the Right-of-Way (NYS Route 25)is proposed. NYS Route 25, Is a designated Scenic Byway and the 100' Setback is required to mitigate visual impacts from light industrial uses. A significant variance of the Setback would set a precedent for the Light Industrial Zoning District if not specifically related to this type of use. , • Attachment A—Main Road/NY 25A Scenic Byway Photographs,attached hereto and made a part hereof,presents a series of recent illustrative photographs taken 1000' east and 1,000' west of the proposed Project Site of existing developed properties along Main Road/NY25A, none of which can be characterized as scenic. ■ The Applicant's review of Appendix B--Town §280 Zoning Code Dimensional Table attached hereto and made a part hereof, indicates that Front Yard Setbacks within the LI Industrial District are actually Variable, not...at least 100'...as cited in the Planning Board's March 15t Memorandum. This is supported by §280-6413, which states that...There shall be an exception [to the 100'from right-of-way] if the adjacent parcels are developed,in which case the minimum Front Yard setback shall be the'average of the setbacks of the adjacent parcels. Subject to a fair and reasonable interpretation of adjacent parcels,the Project's proposed 25' Front Yard Setback is not unreasonable given the existing adjacent parcels development surrounding the proposed Site. 3. The high-quality freshwater wetland system occurs in the rear of the property and .continues on preserved open space owned by the Suffolk County. A total of 14to 17 structures(depending on cabinet layout)would be located within or partially within 100' of the wetland.A minimum setback to the wetlands per Chapter 275 Wetlands and Shorelines of the Southold Town Code Is 100'. The Southold Town Board of Trustees has not made a decision on the proposal. The Applicant respectfully disagrees with the Board's misapplication of Zoning Code Chapter 275-Wetland and Shoreline, noting that: o The sole 100'Wetland Setback requirement cited in the referenced Town Code Chapter 275 -- Wetland and Shoreline, is found in §2751)(1)(a)[1], which is expressly limited to "residential property"within the jurisdiction of the Board of Trustees;and STEVEN E. LOSQUADRO 0 "` Chairperson Leslie Weisman < March 2,2021 Page Three o The existing residential Land Use is non-co nforming/unpermitted within the LI- Light Industrial Zoning District, whereas both the parcel, Zoned LI-Light Industrial and the Project's proposed Public Utility status subject to ZBA Special Exception Approval, are both exempt within Chapter 275 §275D(1)(a)[11 100' Wetland Setback requirements. Accordingly,the Project respectfully disagrees that this matter would be subject to Town Board of Trustees decision-making. 4.The parcel floods. The Site inspection confirmed that the parcel seasonally floods due to groundwater conditions and soil characteristics. Many areas of ponding (standing water) were observed during the site inspection and the soils were saturated onthe majority of the parcel.The threat of flooding from groundwater,soil conditions,sea level rise and hurricanes is a risk to the structures and facility. The Applicant respectfully disagrees with the Board's representation of the proposed Site's existing hydrology,and offers the following facts: o The current property owner Jon DiVello's February 24, 2021 letter testimony submitted to the ZBA that: • He has never experienced any: o Flooding or poor drainage on the property; o Water in the basement of the residence, which would be evidence of high groundwater;and o Problems with the functioning of either of the two (2) on-Site subsurface septic systems'drainage. o Appendix C — February 19, 2021 Preliminary Site Drainage Memo and accompanying August 31, 2020 Subsurface Soils Boring Logs, attached hereto and made a part hereof, independently prepared by Langan Engineering, Environmental, Surveying, Landscape Architecture and Geology, DPC supporting the testimony of Christina M.Zolezi,PE on FebruaryO that the Project's hydrology investigation has conclusively determined that: • According to FEMA's most current Suffolk County Flood Insurance Rate Map (FIRM), the majority of the Site lies within Zone X-Shaded determined to be outside the 0.2%annual chance floodplain,with the southwest portion ofthe Site located within Zone X — Shaded an area of 0.2% annual chance flood thereby establishing the Site as the local area's high ground; • The existing subsurface soil types and underlying Groundwater elevations, combined with an engineered Facility configuration utilizing multiple drywells for stormwater collection drainage will adequately support the Site's proposed development, noting that: STEVEN E. .LOSQUADRO ., a r - Chairperson Leslie Weisman �L March 2,2021 Page Four o The Project must be designed to meet both New York State and Town of Southold stormwater management requirements;and o The final stormwater management strategy will: • Manage any increases in post-development peak discharge rates through the on-Site stormwater management facilities (i.e. Drywells); • Identify and detail all the erosion control, sediment control, pollution prevention, and stormwater management for the Project;and • Be designed in accordance with the requirements of the Town of Southold and the NYSDEC SPDES Phase II Technical Standards. 5. The rear portion of the parcel Is located within the Pipes Cove Creek and Moore's Drain Significant Coastal Fish and Wildlife Habitat Area; an area of high ecological significance. Approximately 0.49 acres of the parcel is located within the Pipes Cove Creek and Moore's Drain Significant Coastal Fish and Wildlife Habitat Area (SCFWH), the remainder of the 2.02-acre parcel is outside the referenced Area. Of the 0.49 acres within the SCFWH approximately 0.15 acres is located within the previously cleared lawn area of the parcel and therefore any development within that area should not impact the habitat. The remaining 0.34 acres is within the forested strip that will be maintained with a 10-foot buffer per NYSDEC requirements for an Article 24 Wetland Impact permit authorization. 6. The Proposal is not fully consistent with Objective 6.6-Protect scenic, natural, and cultural resources while planning for the provision of adequate energy for the future which provides analytical guidance when planning for an energy application. The proposed application is analyzed below: The Natural Resources and Environment Chapter of the Southold Town Comprehensive Plan(2020)addresses energy. A) Protect scenic qualities Important to the community from public vantage points including New YorkState Route 25 and Suffolk County Route 48 when locating energy generating or transmissionfacilities. STDA VLN M. LOSQUADT2O "°° r� ) _ J Chairperson Leslie Weisman March 2,2021 Page Five The Applicant's awareness and sensitivity to the Main Road/NY25Scenic Byway referenced by the Planning Board has been represented In the Applicant's pre- filed before-and-after Preliminary Visual Study along Main Road/NY25, which presents the Applicant's Conceptual Project Vegetative Buffer and Fencing screening along Main Road/NY25. The Applicant stands ready to work with the Planning Board at the time of its Land Use Application,which as previously stated would include more definitive Site Landscaping Plans and associated Main Road/NY25A Visual Buffering subject to LIPA's 2021 the subject Project's selection. B) Protect natural resources and environmental qualities when locating energy generating or transmission facilities. Mitigate adverse impacts through: • Burying transmission lines The proposal includes the burying of transmission lines. In full compliance with this requirement,the Applicant therefore presumes this is not among the Planning Board's reasons for"notsuoportfinal the project at this location". • Supporting innovative designs The facility provides supporting infrastructure for energy storage to address energy needs. In full compliance with this requirement,the Applicant therefore presumes this is not among the Planning Board's reasons for"not sunporQnajthe protect at this location". •Requiring significant vegetative buffering The Applicant has indicated that a vegetated buffer will be installed with evergreen trees to screen the Facility from Main Road/NY25. The details of the vegetated buffer (tree height, specifications and spacing) have not been provided. As previously stated,the Applicant stands ready to work with the Planning Board at the time of its Land Use Application, which would include more definitive Site Landscaping Plans and associated Main Road/NY25 Visual Buffering subject to LIPA's 2021 Projects selection. STEVEN E. LOSQUADP O °°° 0 Chairperson Leslie Weisman March 2,2021 Page Six © Requiring large setbacks As discussed above, the Project shows a 25' Front Yard Setback from the right of way (NYS Route 25) §280-64 Front Yard Setbacks of the Southold Town Code requires that structures be set back at least 100 feet from the right-of-way. This provision is to mitigate visual impacts from light industrial uses. NYS Route 25 is a designated Scenic Byway. As previously presented herein,the Applicant's review of Appendix B—Town §280 Zoning Code Dimensional Table attached hereto and made a part hereof indicates that Front Yard Setbacks within the LI Industrial District is actually Variable,not...at least 100'...as cited above,supported by: o §280-64B, which states that—There shall be an exception [to the 100' from right of-wayj if the adjacent parcels are developed, in which case the minimum Front Yard setback shall be the average of the setbacks of the adjacent parcels. Subject to a fair and reasonable interpretation of adjacent parcels, the Project's proposed 25' Front Yard Setback is not unreasonable given the existing adjacent parcels development surrounding the proposed Site. o The existence of the structure directly across Main Road/NY25A setback just 30'from Main Road/NY25A ROW. 1) Discourage facilities from locating in designated environmentally sensitive areas.The parcel is located in a designated environmentally sensitive area. The rear portion of the parcel is located within the Pipes Cove Creek and Moore's Drain Significant Coastal Fish and Wildlife Habitat Area; an area of high ecological significance. ® This Town Comprehensive objective conflicts with what's essentially an environmentally benign Project located on an LI Zoned Site within a Town-Zoned LI Light Industrial and LIO Light industrial Park Zoning District, reflected by the existing compatible existing Land Uses documented in Appendix B and including LIPA'S Southold Substation and National Grid's diesel- fueled peak generation plant located <500 from the proposed Site. STEVEN E.-LOSQLTADRO °' '°' Chairperson Leslie Weisman March 2, 2021 / Page Seven 2) Preclude the potential degradation of coastal resources by location and constructing new electric energy generating/equipment/transmission facilities so that they would not adversely affect.- Designated ffect.Designated SCFWHs The parcel is adjacent to the Pipes Cove Creek and Moore's Drain Significant Coastal Fish and Wildlife Habitat Area; an area of high ecological significance. The Applicant has contacted the New York State Department of Environmental Conservation Natural Heritage Program and threatened habitats and protected species have been identified as potentially occurring adjacent to the parcel. As addressed in the March 1,2021 letterto the ZBA filed by Jason Funk of Savion, while the above-referenced NY Natural Heritage (NYNHP) letter included with the Applicant's pre-filed Application documents identifies potential rare,threatened and/or protected species present on the parcel, the Applicant Is also able to confirm the following proactive Project diligence performed to-date on this matter: o The ,Project commissioned its independent environmental consultant (AKRF, Inc.) to address the identified species of concern. o AKRF,in turn,completed a Project Habitat Assessment and Rare, Threatened, or Endangered (RTE) survey on October 30, 2020 with the results of this Assessment forwarded to NYSDEC requesting concurrence of the Assessment's findings, that the Project does not provide suitable habitat for the species listed in the NYNHP letter and "as such, it is AKRF's understanding that the planned Project will not result in impacts to identified RTE species and/or suitable habitatfor the species listed in the NYNHP letter response." o NYSDEC is currently reviewing AKRF's request and the Project will be working with NYSDEC to assure that impacts to these species will not occur. STEVEN E. LOSQUADIZO v :eo 0 • Chairperson Leslie Weisman 113��� March 2,2021 Page Eight • Habitats critical to vulnerixblefish and wildlife species, vulnerable plant species, and rare ecological communities. The majority of the parcel is cleared. The proposal would not directly result In additional clearing of habitats. • Wetlands and protected natural features. A 0.10-acre freshwater wetland occurs on the parcel in the east comer. Structures would be located within or partially within 100'of the wetland. Since the build out is intense,the Applicant is proposing a minimum of 10'wide buffer from the wetland boundary. This width is insufficient to provide protection of the wetland from developmental impacts and to mitigate flooding of the property from the expected seasonal expansion of the wetland(flooding). The Applicant respectfully rejects both of these claims: 1. Appendix C—NYSDEC Wetland Delineation Map attached hereto and made a part hereof,was specifically prepared to protect the mapped on-Site Wetland from future development impacts. 2. As can be seen in the Project Conceptual Site Plan, the closest the Project footprint gets to the Mapped Wetland Area is 25-30'. 3. As stated in the independent Langan Report provided in Appendix C: • Stormwater runoff from the proposed development will be collected and discharged to the underlying Groundwater aquifer via the Project's proposed graded swales-to-catch basins stormwater management facilities.Any increases in the post-development peak discharge rates will be managed through this on-Site stormwater management infrastructure, which serve to improve the Site's pre-Facility development existing surface and subsurface hydrogeological conditions. ■ The final stormwater management strategy will manage any increases in the post-development peak discharge rates through the on-Site stormwater management facilities (i.e. infiltrating drywelis). The final stormwater management strategy will identify and detail all the erosion control, sediment control, pollution prevention, and stormwater management for the Project.The final stormwater management strategy will be designed in accordance with the requirements of the Town of Southold and the NYSDEC SPDES Phase II technical standards. S'T'EVEN E. LOSQU'ATDR.O �° Chairperson Leslie Weisman March 2,2021 Page Nine C) Work with energy providers through the specific area planning process to Identify appropriate coastal locations for major energy generating or transmission fact itles. Consider coastal locations where a clear public benefit is established using the following factors. There simply isn't a superior energy storage Project and Site combination within Southold's coastal setting to that being proposed by the Applicant. Located<500'from LIPA's existing Southold Substation and National Grid's diesel-fueled peak generation plant, the proposed Project is precisely the solution that will benefit public health,safety and welfare and satisfy each of the following Town Planning Board- applied LWRPcriteria: • There is a-demonstrated need for the facility. It is recognized that there is a need for public utility battery storage facilities to store electricity to meet peak electrical demands and during emergencies in the Town. • The facility will satisfy additional electric capacity needs or electric system needs. Yes,the Facility could provide power to 28,746 homes for up to 8 hours during electric shortages or outages(if grid is operational). The Applicant states that the Facility would serve as a public utility function to enhance reliability of the electrical grid. • Alternative available methods of power generation and alternative sources of energy cannot reasonably meet the public need. The purpose of the Facility isto store power. Itdoes not generate power. The Applicant's project is an alternative energy source. As stated in the Applicant's pre-filed Project Description, the proposed Project's primary role will be to charge from LIPA's Southold Substation at night and be available to discharge to LIPA's Southold Substation during the North Fork's peak daily and seasonal electric demand times (mornings and afternoons/evenings) and will be capable of providing other electric grid services such as frequency regulation and voltage control,as well as post-storms recovery emergency backup power. • Upgrades of existing facilities cannot reasonably meet the public need. Within the next 19-years (2040) the Town will lose National Grid's Southold peaking plant to the mandate,of NY's 2019 Climate Leadership and Community Protection Act (CLCPA). Replacing that lost peak daily and seasonal North Fork demand will require leadership by LIPA/PSEGLI and the Town's Elected and Appointed Government Officials to replace this lost peak-generation asset with alternative renewable energy generation and energy storage. STEVEN LO. LOSQUADI-ZO m •° Chairperson Leslie Weisman March 2,2021 Page Ten The proposed strategically located energy storage Project offers both LIPA and the Town an unparalleled existing facilities upgrade opportunity. • Upgrades of existing facilities cannot reasonably meet the public need. Within the next 19-years (2040) the Town will lose National Grid's Southold peaking plant to the mandate of NY's 2019 Climate Leadership and Community Protection Act (CLCPA). Replacing that lost peak daily and seasonal North Fork demand will require leadership by LIPA/PSEGLI and the Town's Elected and Appointed Government Officials to replace this lost peak-generation asset with alternative renewable energy generation and energy storage. The proposed strategically located energy storage Project offers both LIPA and the Town an unparalleled existing facilities upgrade opportunity. ®The facility Incorporates feasible public recreational uses. No public recreational uses are proposed. Nor does the proposed Project interfere with any existing public recreational uses. It is important to note here that the Facility would be visible from the Bay to Sound Trail. It is equally important to note that the existing LIPA Southold Substation; National Grid peak generation plant;Drossos'Complex;Main Road/NY25A and the MTA LIRR Greenport Line are also already visible from and on the publicly used Trails. The Proposal does not fully support Objective 6.7 of the Southold Town Comprehensive Plan which states: Ensure maximum efficiency when siting major energy generating facilities. A l Achieve maximum transmission efficiency bysiting major energy generatingfacilitles close to load centers. The Facility is proposed to be interconnected to the LIPA 81 Southold Substation located 750'to the northeast. Maximum transmission efficiency would be achieved if the facility were located on LIPA's 81 Southold Substation property. As previously stated, as documented by FEMA's current Suffolk County FIRM mapping,the proposed Site represents the local high ground. STEVEN E. LOSQUATDPO '°° I � �v Chairperson Leslie Weisman March 2, 2022 Page Eleven The very same Map identifying the proposed Site as located within an Area of Minimum Flood Hazzard,also clearly indicates the Planning Board's proposed LIPA Southold Substation as being located within an Area of Higher Flood Hazzard Incidence. To be able to locate <500' away, on higher ground above FEMA's 500-year storm elevation, is the far better location for the proposed Project. LIPA's Southold Substation elevation doesn't even satisfy LIPA's own current specifications for private sector developed energy resources sites' contracted by LIPA. Furthermore, the cleared areas on the LIPA substation property are already taken up with LIPAs facilities. In order to site this project on that parcel large amounts of clearing would be required and even greater impacts to mapped NYSDEC wetlands would take place. B I Work with energy providers to co-locate, where possible,facilities such as transmission lines,pipelines,substations, and terminals. The co-location of this or similar type facility on PSEGJLIPA owned property is supported. The Applicant respectfully notes that this is not possible: ■ The LIPA Substation Site is zoned LB Light Business and therefore,would require a Town Board Change of Zone to accommodate the proposed Project;and ® Due to the Applicant's documented Flood Hazard reason provided above. C I Encourage the adoption of designated generation and transmission and facility sites and corridors to protect against incompatible development and to maximize increased capacity. The parcel has not been adopted or designated as a battery energy storage system facility site. Surely the Site could and should be so designated, however,given its unique battery energy storage attributes. SiTDVD+N E. LOSQUADPO QC410m / t t V V VVV Chairperson Leslie Weisman March 2, 2021 Page Twelve The Planning Board acknowledges the benefits of the proposed battery energy storage system Facility to the public. However, the location proposed is not supported due to the reasons stated above. Taking into account (i) LIPA's documented preference for a private sector developed battery energy storage facility located on the North Folk interconnecting to its Southold Substation; (ii)the unparalleled proposed Site location,compatible Zoning and compatible existing Land Uses 1,000'east and 1,000'west along Main Road/NY25; (iii) the Planning Board's numerous acknowledged positive attributes and features which favor the Project/Site contained in its February 25, 2021; (Ili) the Planning Board's numerous acknowledged positive attributes and features which favor the Project/Site contained in its February 25, 2021 Memorandum; and (iv) the Applicant's compelling rebuttals presented herein, the Applicant respectfully regards the Planning Board's not support the pro iect at this location determination as unsupported for the reasons cited and therefore, far too premature prior to receipt of the Project's Land Use Application and actual Site Plans which would be submitted later this year or in 2022. Thank you for your continued courtesy and attention to this Application, as well as for your consideration of this correspondence. Respectfully, Steven Losquadro attachments STEVEN E. LOSQUADRO 0261 Sakarellos, Elizabeth From: Steven <losquadrolaw@aol.com> Sent: Wednesday, March 3, 2021 2:21 PM To: Fuentes, Kim; Sakarellos, Elizabeth Cc: Duffy, Bill Subject: Correspondence submitted on behalf of Suffolk County Energy Storage II, LLC Attachments: 20210303_103008.pdf Kim and Elizabeth: Attached please find a letter from me submitted in response to the March 1, 2021 Memorandum of the Planning Board. Kindly distribute this correspondence to the Board. Please note that I will forward the attachment to the letter under separate cover. Thank you. Best, Steve STEVEN E. LOSQUADRO, P.C. www.losquadrolawfirin.com 1 V �;° 422 Admiral Blvd, Kansas City, MO 64106 www.savionenergy.com A RENEWABLE ENERGY COMPANY February 22, 2021 via e-mail Members of the Zoning Board of Appeals Feb- I LI Zoning Board of Appeals ..20�� Town of Southold 54375 State Route 25 L�. doanl 0; Southold, NY 11971-0959 ___ kimf@southoldtownny.gov RECEIVED Re: Suffolk County Energy Storage II, LLC ,,/ Special Exception Application No.746 �6 7 �U2' Battery Energy Storage Systems(`GESS")Fire Protection and Safety , of Appeals Dear Board Members: As follow-up to our February 4th spontaneous discussion of the subject matter, I wanted to reinforce my Testimony with this follow-up as part of the subject Application's Record: ■ Fire Protection and Safety is integral to Savion's involvement in the rapidly evolving energy storage market. This includes our focus on: o Fire Protection: • BESS facilities'design, applicable State and local codes,as well as utilities standards;and • Commitment to working with the Town's Fire Marshall,Planning and Building Departments, as well as with the Southold Fire Department. 0 1'Responder Safety Savion views fire response to an unmanned facility as critical to Project success. Accordingly, we look forward to working with the Town's Fire Marshall, Building Department and Southold Fire Department to establish a Project-specific 1St Responder Safety Plan. ■ To put the expansive national,statewide and local BESS deployment in perspective: o According to Wood Mackenzie, a respected energy consultancy, in 2020,over 1,000MW of utility-scale BESS was installed in the US and in 2021, US installations of over 4,000 MW are forecasted. o NY State is simultaneously seeking to achieve: • 100% non-fossil fueled electric generation by 2040;and • Installations of 3,000MW of BESS by 2030. o LIPA is expected to be seeking 285 MW of BESS in its 2021 solicitations including up to 130MW specifically for the North Fork. ■ Suffolk County Energy Storage II, LLC's Fire Protection and Safety will consist of a state-of-the art: o Engineered and specified Facility in accordance with New York State's Building and Fire Prevention Code,which specifically sets forth utility-scale BESS requirements; o Southold Fire Department 11t Responders Emergency Response Plan;and o Be comprised of components with applicable UL(Underwriters Laboratories) Certifications and meeting NECA(National Electric Contractors Association)Standards. 1 r`" y 422 Admiral Blvd, Kansas City, MO 64106 ION www.savionenergy.com i r A RENEWABLE ENERGY COMPANY As you've already,stated,the Project notes that it will be subject to further reviews and approvals by the Town's Planning and Building Departments, as well as Fire Marshall and Southold Fire Department Chief. SincerelyAStra : ,�� Reid Strain P;P �'pOi"'"';°'m" , E Director, Engineering Cc:S. E. Losquadro, Esq. 2 zMON422 Admiral Blvd, Kansas City, MO 64106 A RENEWABLE ENERGY COMPANY www.savionenergy.com R�c�xvE� February 3, 2021 FEB _ 201 Leslie K.Weisman Zoning Board oS Appeals ZBA Chairperson Town of Southold 54375 State Route 25 Southold, NY 11971-0959 Re: Suffolk County Energy Storage II,LLC Application for Special Exception Dear Ms.Weisman: Suffolk County Energy Storage II, LLC(Project),a wholly owned subsidiary of Savion Energy, has received and reviewed the Town of Southold Department of Land Preservation (DLP) Memorandum from Melissa Spiro, Land Preservation Coordinator to you dated January 29, 2021. The Memorandum transmits comments from the DLP and Land Preservation Committee,supported by documents generated by John Sepenoski (GIS Technician/Land Management Coordinator)to the Zoning Board of Appeals (ZBA) on the Project's submittal for a Special Exception Permit(SEP). The Project has reviewed these comments and provides the following itemized responses for your review and addition to the Project record: Comment: Parcel is bounded on two sides by Suffolk County parkland that includes a public trail and is part of the Bay to Sound Trails project. Response:Comment noted. Project will be developed to avoid impacts to off-site parcel and will be constructed using best management practices. Comment: Public trail is approximately 100 feet from the boundary of the parcel at its closest. Response: Understood. No clearing of trees along the eastern parcel boundary(the area nearest the trail)is to take place so visual impacts to the trail should be minimal. Comment:Current structures on the parcel are visible from multiple locations along the public trail over an approximately 550-foot section of the trail, proposed structures would be visible too, unless screened. Response:Battery storage structures will be low profile, only 10 feet in height. The project sponsor is willing to screen areas of the Project that may be overly visible from the trail and will work with both the Town's Planning and Land Preservation Departments in this regard. Comment:Approximately one-half acre of the parcel is within a NYS DOS designated Significant Fish & Wildlife habitat. �E if'ETM1 T Response: While a portion of the parcel(eastern)is within this designated habitat, the Project has committed to the NYSDEC, through communications regarding the NYSDEC mapped wetland located on the parcel, that no clearing of existing forested coverage within the 100 foot adjacent area will take place and the Project will keep all disturbance at least 10 feet from these forested areas. Comment:Approximately one quarter acre of the property is mapped as freshwater wetlands. Response:The Project will be seeking an Article 24 Wetland Impact Permit for construction within the previously cleared 100 foot adjacent area. In communications with NYSDEC Region 1 regarding the NYSDEC mapped wetland on Site, the Project has committed to keeping all disturbance at least 10 feet from the forested areas within the 100 foot adjacent area. Comment:The entire parcel is within the NYSDEC freshwater wetland check zone, indicating that it should be checked for additional wetlands. Response:The Project met with NYSDEC Region 1 staff onsite and have had the NYSDEC established wetland boundary and its 100 foot adjacent area verified. The Project will be working closely with NYSDEC Region 1 staff as it will require an Article 24 permit for construction within the 100 foot adjacent area. Comment:The bulk of the parcel is currently mowed as lawn. Within 800 feet of this location a similar lawn area that was no longer mowed after the Town purchased it naturalized with wetlands vegetation without the Town planting anything,the same would likely occur on this parcel indicating that there are potentially additional wetland areas on this parcel. Response:The area of the parcel which is to be developed(the northwestern two thirds)is at a topographically high point and the Project has committed to staying 10 feet from forested 100 foot adjacent area per communications with DEC. Additional wetlands were not noted on the site during DEC visit. Comment: Based on proposed coverage of the parcel,stormwater runoff will be significantly increased compared to current conditions. Response:Stormwater management will be incorporated into the Project so that the post-development peak runoff rates are less than or equal to the pre-development peak runoff rates. In addition, the proposed stormwater management systems will be sized in accordance with NYSDEC and Town requirements. Details for the stormwater management system will be incorporated within the Project's Site Plans which will be included with the Project's 2022 Land Use Application to the Planning board following Long Island Power Authority's(LIPA)selection of the proposed Project. Comment: Based on NYSDEC wetlands delineation conducted for the Bay to Sound project,there are additional wetland areas on the County Parkland not shown on DEC wetland map but within the check zone that could be impacted by runoff from this parcel. Response:Comment noted 1 f Comment:The parcel currently drains to two wetland areas on the adjacent County parkland. One of these areas flows into a tidal pond connected to Pipes Creek via a culvert under Pipes Neck Road. Response:Comment noted. Stormwater management will be incorporated into the Project so that the post-development peak runoff rates are less than or equal to the pre-development peak runoff rates. Comment:The Town,The Nature Conservancy and the Peconic Estuary Partnership are currently investigating changes to the culvert noted above designed to restore the tidal pond and adjacent areas to reduce the invasive phragmites present on the County parkland. Response:Comment noted. Suffolk County Energy Storage II, LLC thanks the DLP for their comments. We look forward to working with the ZBA,the DLP, Planning Department and other Town agencies,as we look to move this Project forward in the coming months. Sincerely, Jason C. Funk Director Permitting and Environmental v E 'z ' � � �} 422 Admiral Blvd, Kansas City, MO 64106 ]!' A RENEWABLE ENERGY COMPANY www.savionenergy.com RECEIVED Via E-Mail 1 lfl 3 LIAR 0 2 ZGZI March 1,2021 Zoning Board Of Appeals Leslie K.Weisman ZBA Chairperson Town of Southold 54375 State Route 25 Southold, NY 11971-0959 Re: Suffolk County Energy Storage II,LLC Application for Special Exception OT463SE Environmental Matters Dear Ms.Weisman: Suffolk County Energy Storage II,LLC(Project),a wholly owned subsidiary of Savion Energy, respectfully submits this Rebuttal Letter for the ZBA's review and Public Hearing Record in response to the following oral and written comments received in connection with the ZBA's February 0,2021 Public Hearing: •'• Sound ■ Drossos Snack Bar,Motel and Miniature Golf Complex-69125 Main Road/NY25A - °a During the February 4th Public Hearing, an owner representing the Drossos Complex inquired if there would be noise from the Project that could impact the Complex's Snack Bar, Motel and Miniature Golf operations. As the Board will recall, I noted in my earlier Public Hearing presentation that the Project commissioned and pre-filed the independently prepared January 15,2021 Epsilon Associates, Inc. (Epsilon)Sound Study and Report which documents that the Project's engineered configuration, equipment specifications and supplemental sound attenuation could comply with the Town's applicable Noise Code. In response to the aforementioned concern raised by the Drossos Complex owner, the Project subsequently requested that Epsilon prepare a supplement to its previous Sound Study with expanded Project Sound Contours to the Drossos'Complex.Epsilon's-February 25,2021 Supplemental Letter Report and Analysis results, provided as Attachment A—Sound Levels hereto and made a part hereof, further demonstrates that the Project-related Sound levels extended to the Drossos Complex would be in the range as low 40-47dB, the equivalent of a Soft Wisper at 3' as shown in the Common Outdoor Sounds Chart also included in Appendix A. Putting this analysis in context with existing sounds at the Drossos Complex,Appendix A further highlights that the Project's projected 40-47db Soft Wisper at 3'equivalent would not present any annoyance at the Drossos complex because of the following prevailing noise sources existing at the Snack Bar and Miniature Golf Course: o Normal conversation,which would be expected to be 55-60dB;and o Main Road/NY25A traffic, which would be in the order of 55clB from cars, and even louder from trucks. \' Furthermore, regarding the Drossos Motel, the USEPA, in its document titled "Information on Levels of Environmental Noise Requisite to Protect Public Health and Welfare w1th an Adequate Margin of Safety" (1974),indoor sound levels from exterior sources can be expected to be reduced 12dB with windows open and 24clB with windows closed,thereby further reducing sound from the exterior of the motel. ■ Pipe's Cove Wildlife Preserve During the'Public Hearing two (2) Village of Greenport residents independently claimed that Project- related Noise would adversely impact resident wildlife within the Pipe's Cove Preserve. The Project respectfully rebuts these claims with the following: o As presented in the previously referenced Attachment A, the additional Project 40dB and 45dB Noise Contours have also been overlaid onto the Pipe's Cove Preserve and its nearest mapped Trails to the Project Site where the expected normal public use conversation would again be 55-60clB; and o As shown in Figure 1 below Pipe's Cove Preserve wildlife is already being impacted by(a)the MTA LIRR's Greenport Line that bisects the Preserve generating 85dB diesel engine train noise six (6) times daily (3-Westbound and 3-Eastboind Trains/Day); (b)the extensively traversed existing and planned 55-60dB noise generating public use Trails; and (c) the existing noise generated by the traffic along the Main Road. R� 4 f L m b a $4 Figure 1 Source:01/29/21 Town Land Preservation Department Memo Bay-To-Sound Trails Map Information :• Site Hydrology During and since the February 0 Public Hearing,specific oral and written comments have been made about the Site's surface and subsurface hydrology, specifically the Site's ability to adequately manage on-Site stormwater containment and drainage to mitigate flooding and/or off-Site stormwater runoff. The Project respectfully rebuts these claims with the following: ■ On February 4th two (2)Village of Greenport residents independently claimed,without any supporting documentation,that the Site a)is a "wet5ite";and b)has poor drainage due to poor draining subsurface soils and high groundwater underlying the site.The Project offers the following in response: 1 o The'current property owner Jon Divello's February 24,2021 letter testimony that: • He has never experienced any: o Flooding or poor drainage on the property; o Water in the basement of the residence,which would be evidence of high groundwater; and o Problems with the functioning of either of the two (2) on-Site subsurface septic systems'drainage. o Appendix B — Preliminary Site Drainage Memo attached hereto and made a part hereof independently prepared by Langan Engineering, Environmental, Surveying, Landscape Architecture and Geology,DPC supporting the testimony of Christina M.Zolezi, PE on February 4m that the Project's subsurface investigation has determined that: • According to FEMA's most current Suffolk County Flood Insurance Rate Map (FIRM) the majority of the Site lies within Zone X-Shaded determined to be outside the 0.2% annual chance floodplain,with the southwest portion of the Site located within Zone X—Shaded an area of 0.2%annual chance flood thereby establishing the Site as the local area's high ground. • The existing subsurface soil types and underlying Groundwater elevation,combined with an engineered Facility configuration utilizing multiple drywells for stormwater collection drainage was very clear. • will adequately support the Site's proposed development,noting that: o The Project must be designed to meet both New York State and Town of Southold stormwater management requirements; o The final stormwater management strategy will: • Manage any increases in post-development peak discharge rates through the on- Site stormwater management facilities(i.e. Drywells); __ • Identify and detail all the erosion control,sediment control, pollution prevention_, and stormwater management for the Project; • Be designed in accordance with the requirements of the Town of Southold and the NYSDEC SPDES Phase II Technical Standards. ■ In response to Town LWRP Coordinator Mark Terry's February 25,2021 Memo to the Board claiming that the"parcel seasonally floods from seasonal Groundwoterfluctuations and ponding resulting from poorly to very poorly drained soils"and including two(2)recent photographs of the Site: 1. The photographs reveal localized areas of snow melt and/or rainwater ponding on the 2.02-acre Site not Site flooding.We expect that Board Members are familiar with such snowmelt and post-rainfall ponding as it typically occurs on farmlands and vineyards throughout the Town. 2. As stated above,the previously referenced Appendix B—Preliminary Site Drainage Memo,confirms that the Site's existing subsurface soil types and underlying Groundwater elevation,combined with the engineered Facility stormwater collection system will adequately support the Site's proposed development and mitigate existing surface ponding. ❖NYSDEC Mapped On-Site Wetland ■ Several oral comments were made during the February 4th hearing referring to the existing 5,500 SF/0.13-acre mapped NYSDEC Freshwater Wetland located in the East corner of the parcel. As documented in the Project's pre-filed attachments submitted with the Project's Special Exception Application, the Project is well aware of this existing Wetland and has been proactively addressing it during its past 24-months Site diligence, including communications and coordination with the NYSDEC Region 1 regarding an Article 24 Wetland Impact Permit, which is only required for impacts to the NYSDEC-regulated 100'Adjacent Area. As noted in the Project's pre-filed Application package the Project,through communications with the NYSDEC Region 1,has agreed that direct impacts to NYSDEC-mapped Wetland will not be permitted,the Project and NYSDEC Region 1 have further agreed to a 10'buffer from the existing interior forested strip (not lust 10' from the wetland itself as noted by commenters) located within the 100' Adjacent Area which will be permanently fenced and marked with signage to physically protect the NYSDEC mapped Wetland. The Project will continue to work with both the NYSDEC and the Town Board of Trustees on Project- related Wetland matters post-LIPA/PSEGLI 2021 competitive solicitation awards/selection during our anticipated 2022 Land Use Application submittal to the Town Planning Board and its Site Plans review process. ■ In response to Town LWRP Coordinator Mark Terry's February 25, 2021 Memo to the Board wherein Mr.Terry,cites under Item 3 (page 7 of 9): 3b.Require the establishment of a 100'vegetated, non-disturbance buffer from the wetland system to protect drainage patterns and water quality of the system. Require that the non-disturbance buffer be protected into perpetuity through a covenant and restriction or easement,and; 3c. Applicant correspondence in the file relies on the NYSDEC regulations and assessment of wetlands on-site. The Applicant does not adequately address the Town of Southold Chapter 275 Wetland and Shorelines of the Southold Town Code requirements. As you are aware, a minimum 100'wide setback (buffer) is required from all wetlands on-site and off-site.Verify if freshwater wetlands occur to the west of the parcel; off site. The Applicant respectfully notes that: o The sole 100'Wetland Setback requirement cited in the referenced Town Code Chapter 275 — Wetland and Shoreline, is found in §2751)(1)(a)[1], is expressly limited to "residential property"within the jurisdiction of the Board of Trustees;and o The existing residential Land Use is no n-confo rmi ng/u n permitted within the LI-Light Industrial Zoning District,whereas both the parcel is Zoned LI-Light Industrial,this includes the Project's proposed Public Utility status subject to ZBA Special Exception Approval,both of which are exempt within Chapter 275 §275D(1)(a)[1] 100' Wetland Setback requirements. ❖Wildlife Habitat In addition to the two(2)Village of Greenport Residents who,during the February 4th Public Hearing orally noted that''/:-acre of the parcel is designated as Significant Wildlife Habitat,the Town's(a)Land Preservation Coordinator Michele Spiro's January 29,2021 pre-filed Memo;and(b)LWRP Coordinator Mark Terry's February 25,2021 Memo also note that the proposed Site is located within an area of rare, protected and endangered wildlife species. While all of the above claims are true the ZBA should also be aware that: ■ The referenced%:-acre of the parcel is located within the forested area that will remain undisturbed and protected within the previously identified 10' Wetland Buffer Area. Furthermore, the Project acknowledges its obligation to address the species noted within the NY Natural Heritage(NYNHP)letter included with the Applicant's pre-filed documents as being potentially present on the parcel prior to NYSDEC's issuance of the Project's Article 24 Wetland Impact permit.To this end,the Project can confirm the following progress status: o The Project commissioned its independent environmental consultant (AKRF, Inc.)to address the ide i tified species of concern. o AKRF,in turn,completed a Project Habitat Assessment and Rare,Threatened,or Endangered(RTE) survey on October 30, 2020 with the results of this Assessment forwarded to NYSDEC requesting concurrence of the Assessment's findings,that the Project does not provide suitable habitat for the species listed in the NYNHP letter and 'as such, it is AKRrs understanding that the planned Project will not result in impacts to identified RTE species and/or suitable habitat for the species listed in the NYNHP letter response." o NYSDEC is currently reviewing AKRF's request and the Project will be working with NYSDEC to ass ire that impacts to these species will not occur. The Project respectft Ily submits,that with its(i) pre-filed Application supporting environmental documents,which include a completed�SEQRA FEAF supplemented with Visual and Noise Analyses; NYSDEC's Freshwater Wetland Delineation Map;co pleted LWRP Consistency Acceptance Form and Floodplain Development Permit Application; (ii)February 411 Public Hearing presentation and oral Testimony;(iii)the February 22,2021 Fire Protection and Safety Letter from Reid Strain of Savion; and (iv) the above responses to Sound, Site Hydrology, Mapped Wetland and Wildlife Habitat, supplemented with supporting Appendices A —Sound Levels and B —Site Drainage, collectively meets the SEQRA harld look standard;and adequately and meaningfully responds to both participating stakeholders' oral and written Testimony, as well as the ZBA's environmental impacts-related diligence and therefore,that any further stakeholder�I nsupported requests for further environmental study would be regarded as unnecessary. On behalf of the Project we appreciate the ZBA's thorough diligence regarding the Project's Application and hope for your favorable Special Exception and SEQRA Determinations. Sincerely, j Jason C.Funk Director Permitting and Environmental attachments r' ATTACHMENT A SOUND LEVELS S1* 1on A S SO C I ATE S INC . SCES 11 sound level lttr20210225.docx PRINCIPALS February 25,2021 Epsilon Ref. 5926 Theodore A Barten,PE Margaret B Briggs Dale T Raczynski,PE Mr.Jason Funk Cindy Schlessinger Director Permitting and Environmental Lester B Smith,Jr Suffolk County Energy Storage II, LLC Robert D O'Neal,CCM,INCE 422 Admiral Blvd Michael D Howard,PWS Kansas City, MO 64106 Douglas J Kelleher Subject: Suffolk County Energy Storage II, LLC—Sound Levels AJ Jablonowski,PE Stephen H Slocomb,PE Dear Mr. Funk: David E Hewett,LEED AP Dwight R Dunk,LPD Epsilon Associates, Inc. (Epsilon) has conducted a detailed sound level study on behalf of David C Klinch,PWS,PMP Suffolk County Energy Storage II, LLC for the proposed battery storage facility(Suffolk II) Maria B Hartnett located along New York State Route 25(NY 25)in the Town of Southold,NY(the Project)., Richard M Lampeter,INCE The Suffolk II facility-will consist of thirty-four battery storage containers, each with two Geoff Starsiak, LEED AP BD+C HVAC units, and thirteen central inverters. The facility will meet the Town of Southold's Marc Bergeron,PWS,CWS noise regulations which limit sound to no more than 50 decibels (dBA) on a complaining neighbor's property. ASSOCIATES The purpose of this letter is to put the Project's sound levels into context for the nearest noise-sensitive uses on the opposite side of Route 25. These are the Drossos Snack Bar Alyssa Jacobs,PWS and Miniature Golf property, and the Drossos Motel. The attached Figure 1 shows these Holly Carlson Johnston two properties along with the projected sound levels from the Project. This figure does Brian Lever not show the existing sound levels from all the other sources of sound already nearby: • Route 25—carries about 8,100 vehicle per day in Southoldz • Southold electrical substation 3 Mill&Main Place,Suite 250 • Southold Gas Turbine Maynard,MA 01754 • Long Island Railroad www epsilonassociates com 978 897 7100 FAx 978 897 0099 Sound Modeling Analysis letter from Epsilon Associates, Inc.to Suffolk County Energy Storage II, LLC,dated January 15,2021. 2 www.dot.nv.gov/tdv.Accessed February 24,2021. Data Is for 2019(pre-COVID). _ yR 4 1 M k.V1..h MFW1Al CCM&vi tANYS Mr.Jason Funk / 2 Suffolk County Energy Storage II, LLC February 25, 2021 Figure 1 shows that sound levels from the Project would be approximately 47 dBA at the snack bar and 42-45 dBA at the mini-golf course. At the motel, sound levels from the Project would be around 40 dBA or less. For perspective, normal conversation is 55-60 dBA, and traffic noise from cars on Route 25 is approximately 55 dBA at the snack bar (louder from trucks). It is possible that when there is no traffic, a faint sound may be audible from the Project but it would not impact people visiting the snack bar or playing on the mini-golf course. The World Health Organization (WHO) recommends that sound levels outside a motel or home be 45 dBA or less so that people may sleep with their windows open and not be disturbed.3 Since outdoor sound levels from the Project are around 40 dBA or less at the motel,sound from the Project will not impact a guest's ability to sleep. This same WHO guideline states daytime sound levels below 50 dBA will not create annoyance. Sound levels from the Project will be 47 dBA or less at the snack bar and mini-golf area which is below this threshold of annoyance. If you have any questions on this letter, please call me at (978)461-6236, or e-mail me at roneal@epsilonassociates.com. Sincerely, EPSILON ASSOCIATES, INC. > Robert D.O'Neal,CCM, INCE Bd. Cert. Managing Principal 3 Guidelines for Community Noise,World Health Organization, Edited by Berglund et al, 1999. Iggg,d $ FSiGiNSf R� Ce{Ui kflh3AII 83TAi CSN*>tix TAkTS LEGEND Inverter Battery°Container Parcel Boundary; t� Sound Barrier �.. 2. �, . m �• Ba tu,Souna'Ital � �; . ,, �>� �s`� ���, •� _"" °, edicted Sound Level°(dBRI`, e,ia,8000 ,Q., s 75, 3bR scal =49U feet�•����Peat, Southold Gas Turbine „� `` '8asema�rLigAenai� agery a _. �� - �°.�".ate � - � • 3�;�. � � �� �� ° � � '�� a � `xa o"'� •y<a�; s,+��, ., e i^ �*°,�"`°,��AW ✓ d�4 � .6 a���� .�N' "�ie� �ti� • y ,�;� SoutholdSubstation ''�. � °.gC�`" ' "^� `mem � �� '"5;� •°,'"`P " ��,.,.. � - �_•✓ �a� .�•`%a"s;��s, �s r�,�-"....��<e��x<���f • "�,: •° �4 =s`����`� ."��� °°�-'�t°'gig.°�' }.;aa.-.� `.�'ti. � _ _ - f., s°kp�-•-. � ,� a'K�+`•`�k ".Bf� w�«: 'y} °°.�� - Te'Y,r r e� .�F" ..� a��n"°%r,� ,�'�+"�°° " ,fir:-,'� n ���+' r �.'� ,. :,T, °.�,. �:�, e�2,''�°y.o w�' ,�p '"!s� •f � �^°;-:� w 3 0 - � j, ,sy� per'�'" `go-•" ,Z` e Drossos Snack Bar+Mini � o �, .ire. � g .�°�.r.;".,. ���� �&' ✓� � •, � =• � F a �� sq *�� % -��� �a • -s� s . as �s �" �� �->;3. ^c��-� �`� `a.»< " '�"`' .ad.�-✓� " < �•'yam " ` °� `�'<� �" � 'tea, �°���'��' . a�.>g ��'W.•e ° �° e-�° � -t+•� �u r�>#.� �� >. ' �� a ��� � a' � egg <°fie°°*�, �� � °>°� �" P e �°p�;"`• �. �" ,�` e� ,. �.t„e-",; °fie•°�'..- ��• '�;,, �.°� m��a ,� �,. �� ... � . "w ray U1 d' � �� .�; , °�.°>�<�°sC� T- � ,�.,� :�,,,°'����'.as�`,ate••�� ,,;„,•l`,�•, ,.�. Long Island Railroad KA tA ° � ��' :. � fix a. ° ,r�' -�"�`�Y?.-;eat,r,•..�y,<,. .�<K�a �„�",'�,'�.<`_.�,°� ��` <�• � � ��>,�e �,",` " � 4. � �,ae ✓,"•,,. ,� .," '„9� ',`s -. ''`fit' - � ,� �'� <o ���x ,. �`1a�;•Z ✓y�.`, ..e' if;�`�° �''e °�` z�>='d 'ceryw`,°i��„""'�=�J'�f4 -�`. � 'm�',.�,:.�o °vim,.��, ,erg '� ✓tee � � w���°� � �, � a "<���� s","”'<"���s ti s � ,e'--`.�� ✓^_ Suffolk County II Battery Storage Town of Southold,New York Epsilon Figure 1 Sound Modehng Results APPENDIX B SITE DRAINAGE r r LANGAN Technical Memorandum Langan Engineering,Environmental,Surveying,Landscape Architecture and Geology,D.P.C. One North Broadway,Suite 910 White Plains,NY 10601 T:914.323.7400 F:914.323.7401 To: Harrison Netz From: Michael Finan, PE, LEED AP Info: Christina M. Zolezi, PE Date: February 19, 2021 Re: Preliminary Site Drainage Memo Suffolk County Energy Storage II, LLC 69430 Main Road, Town of Southold, Suffolk County, NY Langan Project No.: 190060901 1 EXECUTIVE SUMMARY This technical memorandum summarizes the preliminary stormwater management strategy for Suffolk County Energy Storage II, LLC located at 69430 Main Road in the Town of Southold, Suffolk County, New York. Suffolk County Energy Storage II, LLC is a battery energy storage system (BESS) facility. The preliminary stormwater management strategy for the site is to use dry wells for stormwater management. Dry wells provide both water quality and runoff reduction capabilities by infiltrating the runoff through the existing soils. In addition,the project will maintain existing drainage patterns as much as practicable, control the rate of stormwater runoff resulting from the development, and mitigate potential impacts on water quality and erosion generated during and after construction. The preliminary stormwater management strategy is considered conceptual and is based upon the existing and proposed site conditions as well as preliminary geotechnical investigations performed by our office on 31 August 2020. The final stormwater management strategy will identify and detail the erosion control, sediment control, pollution prevention, and stormwater management for the project. The final stormwater management strategy will be design in accordance with the New York State Department of Environmental Conservation (NYSDEC) State Pollutant Discharge Elimination System (SPDES) General Permit for Stormwater Discharges from Construction Activity (General Permit) latest revision; the New York State Stormwater Management Design Manual (Design Manual) latest revision; the New York State Standards and Specifications for Erosion and Sediment Control latest revision; and the Town of Southold stormwater management requirements. 2 EXISTING CONDITIONS The property is ±2.0 acres and developed with a single family residence (see Figure 1). Access to the site is provided by a gravel driveway off of Main Road. The site is mostly cleared with some wooded areas along the southeast and southwest property lines. The site slopes generally range from less than 1 percent to 3 percent,with the majority of the slopes being under 2 percent. Technical Preliminary Site Drainage Memo Suffolk County Energy Storage II, LLC Memorandum 69430 Main Road,Town of Southold, Suffolk County, NY Langan Project No. 190060901 February 19, 2021- Page 2 of 7 There is an onsite wetland in the southeastern corner of the property. The wetland is regulated by the New York State Department of Environmental Conservation (NYSDEC) and has a 100 foot regulated adjacent area. The majority of the regulated adjacent area is manicured lawn with some wooded area. In preliminary discussions with the NYSDEC, a 10 foot avoidance buffer from the wooded area has been established to prohibit further encroachment into the 100 foot regulated adjacent area. This generally equates to a 30 foot offset from the wetland edge. According to the Flood Insurance Rate Map (FIRM) for Suffolk County published by the Federal Emergency Management Agency(FEMA)Maps No. 36103C0157H and 36103C0159H, both with a revision date of 25 September 2009, the majority of the site is in Zone X— unshaded, "areas determined to be outside the 0.2% annual chance floodplain." The southwest part of the site is located within Zone X—shaded, "areas of 0.2% annual chance flood" (see Figure 2). 3 PROPOSED CONDITIONS Suffolk County Energy Storage II, LLC is a battery energy storage system (BESS) that will consist of an access driveway, battery storage containers, ground mounted inverters, ground mounted switchgear, and substation. The 20 foot wide driveway will provide access from Main Road. The driveway has been designed to provide circulation throughout the site to access the battery storage containers, inverters, and switchgears as well as allow for circulation of emergency vehicles. The facility will be fenced in accordance with applicable code requirements for safety_, The onsite substation will connect to the adjacent substation located north of the project'site. No structures are proposed in the Zone X—shaded, "areas of 0.2% annual chance flood." For the purposes of this preliminary analysis the driveway and substation yard are assumed to be gravel and the battery storage containers, inverters and switchgears will be mounted to concrete pads. The remaining area outside of the 10 foot avoidance buffer will be grass. Landscape screening will be provided along Main Road outside of the security fencing. No direct wetland disturbance is proposed. The site slopes will generally remain unchanged, since the existing site slopes are suitable for this type of development and substantial regrading is not required. 4 SOILS The United States Department of Agriculture (USDA) Soil Conservation Service Soil Survey for Suffolk County has been reviewed. The surficial soil conditions are shown in Figure 3 and are summarized in the table below. Table 1: USDA Soil Data fVag�yvt , rlrol�i`c'", . yS 71?O ., t " ���il'�„ �,wil!RW ,vl _ , � ll , Ca Canadice silt loam 1.0 >6.0 C/D HaB Haven loam, 0 to 2 percent slopes >6.0 >6.0 B LANGAN Preliminary Site Drainage Memo Technical Suffolk County Energy Storage II, LLC 69430 Main Road,Town of Southold, Suffolk County, NY Memorandum Langan Project No 190060901 February 19, 2021- Page 3 of 7 The Soil Conservation Service defines the hydrologic soil groups as follows. • Type A Soils: Soils having a high infiltration rate and low runoff potential when thoroughly wet. These soils consist mainly of deep, well-drained to excessively drained sands or gravelly sands. These soils have a high rate of water transmission. • Type B Soils: Soils having a moderate infiltration rate when thoroughly wet. These soils consist mainly of moderately deep to deep, moderately well to well-drained soils with moderately fine to moderately course textures. These soils have a moderate rate of water transmission. • Type C Soils: Soils having a low infiltration rate when thoroughly wet. These soils consist mainly of soils with a layer that impedes downward movement of water, and soils with moderately fine to fine texture. These soils have a low rate of water transmission. • Type D Soils: Soils having a very low infiltration rate and high runoff potential when thoroughly wet. These soils consist mainly of clays that have high shrink-swell potential, soils that have a permanent high water table, soils that have a clay pan or clay layer at or near the surface, and soils that are shallow over nearly impervious material. These soils have a very low rate of water transmission. A preliminary geotechnical engineering study was performed by Langan. Four borings (LB-01 through LB-04) were drilled by Aquifer Drilling &Testing, Inc. on 31 August 2020, under full-time Langan observation. The borings were advanced with a Geoprobe 7822 DT rig using mud-rotary drilling techniques. Borings were advanced to depths ranging between about 12 to 27 feet (about el-2 to el-25) below the existing grades. The soils were observed to be a silty sand, clayey sand, sand, silt, silty clay, and clay. Clay was encountered 8 feet to 11.5 feet below existing grades. Bedrock was not encountered. Groundwater was encountered 6 to 15 feet below existing grades. Refer to Appendix A for the boring log information. 5 STORMWATER SITE PLANNING 5.1 Preservation of Natural Features and Conservation Preservation of natural features includes techniques to identify and preserve natural areas that can be used to protect water, habitat and vegetative resources. Conservation includes designing elements of the development in a way that the site design takes advantage of a site's natural features, preserves sensitive areas and identifies constraints and opportunities to prevent or reduce negative effects of a development. An evaluation of the preservation of natural features and conservation planning practices is provided in the table below. LANGAN w Preliminary Site Drainage Memo Technical Suffolk County Energy Storage Il, LLC 69430 Main Road,Town of Southold, Suffolk County, NY Memorandum Langan Project No. 190060901 February 19, 2021- Page 4 of 7 Table 1: Preservation of Natural Features and Conservation '°.,»' PraCtlC@ "i '`,+ M°"s�.;rmrn»y,�- h,.,.mk f w. �,- _i'. �..,- „ rz,._< rx:,,$u•""i�, w' ",Wrs Preservation of Delineate and place into permanent Considered The undisturbed portion of Undisturbed conservation undisturbed forests, native and Applied the 100 foot adjacent area Areas vegetated areas, riparian corridors,wetlands, and wetlands will not be and natural terrain. disturbed Preservation of Define,delineate and preserve naturally Considered The undisturbed portion of Buffers vegetated buffers along perennial streams, and Applied the 100 foot adjacent area rivers, shorelines and wetlands. will not be disturbed. Reduction of Limit clearing and grading to the minimum Considered Minimal clearing and grading Clearing and amount needed for roads,driveways, and Applied are proposed. Grading foundations, utilities and stormwater management facilities Locating Avoid sensitive resource areas such as Considered Minimal clearing is Development in and Applied proposed. In addition,the floodplains,steep slopes, erodible sods, Less Sensitive wetlands, mature forests and critical habitats undisturbed portion of the Areas by locating development to fit the terrain in foot adjacent area and areas that will create the least impact. wetlands will not be disturbed. Open Space Use clustering,conservation design or open N/A Design space design to reduce impervious cover, preserve more open space and protect water resources. Soil Restoration Restore the original properties and porosity Considered Sod restoration will be of the soil by deep till and amendment with and Applied applied in the disturbed -: compostlo reduce the generation of runoff areas outside roads, and enhance the runoff reduction structural elements,and performance of post construction practices. substation yard. 5.2 Reduction of Impervious Cover Reduction of impervious cover includes methods to reduce the amount of rooftops, parking lots, roadways, sidewalks, and other surfaces that do not allow rain to infiltrate into the soil. An evaluation of the reduction of impervious cover techniques is provided in the table below. Table 2: Reduction of Impervious Cover x� �xw.�� .�- ,. a,>a� - u er pl ttCB g £3 �tSCfA ^i4?II a `,_, 1#11D ja Roadway Minimize roadway widths and lengths to N/A Reduction reduce site impervious area Sidewalk Minimize sidewalk lengths and widths to N/A Reduction reduce site impervious area Driveway Minimize driveway lengths and widths to Considered The minimum driveway Reduction reduce site impervious area and Applied width for circulation and emergency vehicular access was used Cul-de-sac Minimize the number of cul-de-sacs and N/A Reduction incorporate landscaped areas to reduce their impervious cover. Building Footprint Reduce the impervious footprint of residences N/A Reduction and commercial buildings by using alternate or taller buildings while maintaining the same floor to area ratio. LANGAIV ? t � d Preliminary Site Drainage Memo Technical. Suffolk County Energy Storage II, LLC Memorandum 69430 Main Road,Town of Southold, Suffolk County, NY Langan Project No. 190060901 February 19, 2021- Page 5 of 7 ,<�i��u�'�s"FY�G�IC��z'a�i»'y` �";.:�?y7��:.€ '�'^;����;�eSGI'I'a�lAltd�a .�`��t��r�a�a;•` .:ix��,ft1G� (l"Ya�Btl!„. „��°,.,�'t,.s,� ,,,,^,r�,� Parking Reduction Reduce imperviousness on parking lots by N/A eliminating unneeded spaces, providing compact car spaces and efficient parking lanes, minimizing stall dimensions, using porous pavement surfaces in overflow parking areas, and using multi-storied parking decks where appropriate 5.3 Runoff Reduction Techniques Green infrastructure techniques use the natural features of the site and promote runoff reduction through micromanaging runoff, promoting groundwater recharge, increasing losses through evapotranspiration, and emulating the existing hydrology. An evaluation of the runoff reduction practices is provided in the table below. Table 3: Runoff-Reduction Practices ip`:�aa ':pIBG��G@r���t "x;_00 Conservation of Retain the pre-development hydrologic and Considered and The undisturbed portion Natural Areas water quality characteristics of undisturbed Not Applied of the 100 foot adjacent natural areas, stream and wetland buffers area and wetlands will by restoring and/or permanently conserving not be disturbed, these areas on a site however,they will not be placed in conservation easements. Sheet flow to Undisturbed natural areas such as forested Considered and Based on the site grades, Riparian Buffers or conservation areas and stream buffers or Not Applied it does not appear that Filter Strips vegetated filter strips and riparian buffers stormwater runoff will can be used to treat and control flow into the 100 foot stormwater runoff from some areas of a adjacent area development project Vegetated Open The natural drainage paths, or properly Considered and Based on the existing site Swale designed vegetated channels,can be used Not Applied topography and slopes, instead of constructing underground storm vegetated open swales sewers or concrete open channels to do not appear to be increase time of concentration, reduce the feasible peak discharge,and provide infiltration. Tree Planting/Tree Plant or conserve trees to reduce N/A Box stormwater runoff, increase nutrient uptake, and provide bank stabilization. Trees can be used for applications such as landscaping, stormwater management practice areas, conservation areas and erosion and sediment control. Disconnection of Direct runoff from residential rooftop areas N/A Rooftop Runoff and upland overland runoff flow to designated pervious areas. Stream Daylighting Stream daylight previously culverted/piped N/A for Redevelopment streams to restore natural habitats, better Projects attenuate runoff by increasing the storage size and promoting infiltration. LANGAN Preliminary Site Drainage Memo Technical Suffolk County Energy Storage II, LLC 69430 Main Road,Town of Southold, Suffolk County, NY Memorandum Langan Project No 190060901 February 19, 2021- Page 6 of 7 -47* YBie* "=yam, iTE9a5 r f.,.l a` Rain Garden Manage and treat small volumes of Considered and Dry wells,which also stormwater runoff using a conditioned Not Applied provide runoff reduction planting soil bed and planting materials to will be used for filter runoff stored within a shallow stormwater depression. management Green Roof Capture runoff through a layer of N/A vegetation and soil installed on top of a conventional flat or sloped roof. Stormwater Planter Small landscaped stormwater treatment N/A devices that can be designed as infiltration or filtering practices. Rain Tank/Cistern Capture and store stormwater runoff to be N/A used for irrigation systems or filtered and reused for non-contact activities. Porous Pavement Pervious types of pavements that provide TBD Permeable driveway an alternative to conventional paved material will be reviewed surfaces, designed to infiltrate rainfall during the final through the surface. stormwater management design to determine its feasibility. 6 PRELIMINARY HYDROLOGIC ANALYSIS 6.1 Drainage Patterns In the existing conditions, stormwater runoff generally flows in a westerly direction towards Main Road and a southwesterly direction to the adjacent undeveloped wooded property. In the proposed conditions, stormwater runoff will generally follow the existing drainage patters as much as practicable. Stormwater runoff will be collected, through the use of high and low points, and conveyed to the stormwater management systems. The preliminary stormwater management treatment system will be dry wells. 6.2 Rainfall Data Rainfall data used in the modeling and analysis was obtained from the isohyet maps provided in the Northeast Regional Climate Center (NRCC). A Type III rainfall distribution was used to evaluate the pre- and post-development stormwater runoff conditions for the WQv, 1-, 10-, and 100-year 24-hour storms. The rainfall data used in the analysis is provided in the table below. Table 1: Rainfall Data yStorinvenfi's OPT,RAW WQv 1.50 inches 1-year 2.74 inches 10-year 4.93 inches 100-year 8.65 inches LANGAN Technical Preliminary Site Drainage Memo Suffolk County Energy Storage II, LLC Memorandum 69430 Main Road,Town of Southold, Suffolk County, NY Langan Project No. 190060901 February 19, 2021- Page 7 of 7 6.3 Redevelopment Activity The project is a combination of redevelopment and new development. The project will treat a minimum of 25 percent of the water quality volume from the disturbed, existing impervious area and 100 percent of the water quality volume from the new impervious area through the implementation of standard stormwater management practices with runoff reduction capacity. In addition, the project will maintain existing drainage patterns as much as practical, control the rate of stormwater runoff resulting from the development, and mitigate potential impacts on water quality and erosion generated during and after construction. As discussed, the preliminary stormwater management treatment system will be dry wells. Other alternative practices, such as permeable driveways will be reviewed as part of the final design to determine its feasibility as well as reduce the amount of impervious area proposed on the site. Runoff reduction practices will be provided for the increase of impervious area. Dry wells provide both water quality and runoff reduction capabilities by infiltrating the runoff through the existing soils. The bottom of the dry wells will be separated by at least 3 feet vertically from seasonally high water table or bedrock layer based on the geotechnical testing. Infiltration testing will be performed to determine the site soil infiltration rate, since pretreatment for infiltration practices Js sized based upon the site soil information rate. Stormwater runoff from the proposed development will be collected and conveyed to the proposed stormwater management facilities. Any increases in the post-development peak discharge rates will be managed through the onsite stormwater management facilities to mimic the pre-development conditions. Detailed design calculations will be provided as part of the final stormwater management strategy. 7 CONCLUSION The final stormwater management strategy will manage any increases in the post-development peak discharge rates through the onsite stormwater management facilities (i.e. infiltrating drywells). The final stormwater management strategy will identify and detail all the erosion control, sediment control, pollution prevention, and stormwater management for the project. The final stormwater management strategy will be designed in accordance with the requirements of the Town of Southold and the NYSDEC SPDES Phase II technical standards. Should you have any questions please feel free to contact me at 914-323-7411 or mfinan@langan.com or Christina Zolezi at 914-323-7411 or czolezi@langan.com. M F.cz Wangan com\data\WPW\data9\190060901\Prolect Data\Disciphne\Site Civd\Reports\2021-02-19 Drainage Memo\2021-02-19 Suffolk County II Preliminary Drainage Memo docx LA/VGAN Technical / o Preliminary Site Drainage Memo Suffolk County Energy Storage II, LLC Memorandum 69430 Main Road,Town of Southold, Suffolk County, NY Langan Project No 190060901 February 19, 2021 Figures 1 2 4 N W�E S w Y 4 f r i. r B APPROXIMATE SITE LOCATION 25 C 25 Legend 0 75 150 Q Site Boundary Feet Source'.Esn,Maxar GeoEye.Earthstar Geographics,CNES/Airbus DS,USDA,USGS.AeroGRID,IGN,and the GIS User Community.Sources'.Esn HERE.Garmin.FAO.NOAA.USGS,m OpenStreetMap contributors,and the GIS User Community: Source:Esn,DigitalGlobe.GeoEye.Earthstar Geographics,CNES/Airbus DS,USDA,USGS;AeroGRID,IGN,and the GIS User Community Project Drawing Title Project No. Figure LANGAN SUFFOLK COUNTY 190060901 1 North Broadway Suite 910 Date White Plains.NY 10801 ENERGY STORAGE SITE LOCATION 2/17/2021 T 914.323.7400 F.914.323.7401 www.langan.com 11 LLC Scale Langan Engineering 8 Environmental Services,Inc. 1 n/�A n Langan Engineering,Environmental.Surveying.Landscape MAP c g gineerng y g, cn Architecture and Geology.D.P.C. Drawn By c Langan International TOWN OF SOUTHOLD Site Analyzer Collectively known as Langan Submission Date N SUFFOLK COUNTY NEW YORK 02/17/2021 Disclaimer This information is produced Cyan automated system and may not be complete.The absence o/a feature is not a confirmation that the feature isnot present at the subject location.Information produced is in the public domain and unless noted has not been held verified or provided for any specific use.Users are also cautioned to confirm the information shown is suitable for their intended use. Spatial Reference.NAD 1983 StatePlane New York Long Island FIRS 3104 Feet Warning:It is a violation of the NYS Education Law Anicle 145 for any personunless acting under the direction of a licensed professional engineer.land surveyor or geologist,to alter this nem in anyway 2 3 4 N W�E S a B AR �F MINIMAL FLOG©® HAZAR®Zonex APPROXIMATE ,- SITE LOCATION C Legend HAZARD zone x Q Site Boundary 1%Annual Chance Flood 0.2%Annual Chance Flood Hazard Hazard — Cross-Sections Regulatory Floodway ® Future Conditions 1%Annual Limit of Moderate Wave Action Chance Flood Hazard Special Floodway Other Boundaries Area with Reduced Risk Due to Area of Undetermined Flood Levee n: Limit Lines Hazard 0 75 150 SFHA/Flood Zone Boundary Feet F Source:Esd,Minter.GeoEye,Earthstar Geographics,CNES/Airbus DS,USDA,USGS.AeroGRID.IGN and the GIS User Community FEMA.FEMARiskMap,;:. Project Drawing Title Project No. Figure L A NGA N 190060901 1 North Broadway Surte 910 SUFFOLK COUNTY Date White Plains,NY 10601 ENERGY STORAGE EFFECTIVE FEMA ScaleL 2/17/2021 ^ T:914.323.7400 F:914.323.7401 www,langan.com Langan Engineering&Environmental Services,Inc. 1 1, LLC FIRM 1:150 Langan Engineering..Environmental;Surveying,Landscape to Architecture and Geology.D.P.C. DfaWD ey Langan International TOWN OF SOUTHOLD Site Analyzer toto Collectively known as LanganSubmission Date o SUFFOLK COUNTY NEW YORK 02/17/2021 Disclaimer This information is produced by an automated system and may not be complete.The absence of a feature is not a confirmation that the feature is not present at the subject location.Information produced ism the public domain and unless noted has not been field verified or provided for any specific use.Users are also cautioned to confirm the Information shown,s suitable for their intended use. Spatial Reference'.NAD 1983 StatePlane New York Long Island FPS 3104 Feet Waming his a violation of the NYS Education Law Article 145 for any personunless acting under the direction of a licensed professional engineer,land surveyor or geologist.to after this nem in any way. r Vol' T€ x l WARNING:IT IS A VIOLATION OF THE NYS 200 0 100 200 EDUCATION LAW ARTICLE 145 FOR ANY PERSON,UNLESS HE IS ACTING UNDER THE DIRECTION OF A LICENSED PROFESSIONAL ENGINEER,LAND SURVEYOR OR GEOLOGIST, SCALE IN FEET TO ALTER THIS ITEM IN ANY WAY. Project Drawing Title Project 0 Drawing No. L A/VGA N Langan Engineering,Environmental,Surveying. SUFFOLK COUNTY Date19060901 Landscape Architecture and Geology.D.P.C. ENERGY STORAGE II, LLC FEBRUARY 19. 2021 3 One North Broadway,Suite 910 SOIL MAP Drawn By White Plains,NY 10601 CZ TOWN OF SOUTHOLD Checked By 7:914.323.7400 F:914.323.7401 www.langan.com Igirmw COUNTY NEW YORKI I MF I Sheet L—:"' Rename 1Uangan comldatatWPWWata91190060901%Prole DMatCAD101tSheetFile XFigures%Drainage Me—%FG03-190060901-05101-0101 Date:7/19/2021 Time:1430 User—1—Style Table.Langan stb Layout Fig 3 Sals 1 2 13 14 5 6 7 6 CS.R_ 25; MAIN ROAD (25) 5, 149.G7• NOTES 143WE _ .—�._N., a3t.----- a 91 93 ^9 — 1 BOUNDARY AND TOPOGRAPHIC INFORMATION OBTAINED 87 J 95 Z �96 r -- FROM A SURVEY ENTITLE `EXISTING CONDITIONS PLAN, GREENPORT, NY — SCTMD _ 1000-45-05-01" BY LAND DESIGN ASSOCIATES ENGINEERING, SURVEYING & 2 NDDSCAPE ARCHITECTURE DPC, DATED 22 OCTOBER jI 2 ALL BORING LOCATIONS ARE APPROXIMATE 3 ELEVATIONS REFERENCE AN UNKNOWN DATUM LB-O4 I 4 PROPOSED SITE INFORMATION OBTAINED FROM A PLAN _ ENTITLED "SUFFOLK COUNTY STORAGE II — 69 kV" BY 117 1 I PROJECT SUBSTATION SAVION ENERGY DATED 20 AUGUST 2020 B i i LB-01 Q/ 5 BORINGS LB-01 THROUGH LB-04 WERE DRILLED BY �_� �L�+� I BATTERY STORAGE AQUIFER DRILLING AND TESTING INC (ADT) ON 31 CONTAINER (TYP) AUGUST 2020 UNDER THE FULL—TIME OBSERVATION OF I A LANGAN FIELD ENGINEER. 3 LEGEND I I i 1 I I BLDG i i j X 1 7 � w LB-01 I � LANGAN BORING LOCATION Na J i i I PROPERTY LINE 1p6 PROJECT SUBSTATION/ LB i----' SWITCHGEAR I LB-02 --JI �� INVERTER (TYP) 1 SWITCHGEAR /{ ACCESS ROAD INVERTER ------------ D BATTERY STORAGE CONTAINER 1W 34 300m, 541'04'10"W� 2 E WARNING:IT IS A VIOLATION OF THE NYS LANGAN ProleeI Drawing TRIG Proplt No Figure No EDUCATION LAW ARTICLE 145 FOR ANY PERSON, 40 0 10 25 40 SUFFOLK COUNTY 190060901 UNLESS HE IS ACTING UNDER THE DIRECTION OFA - reason 6ng�eeene9�meirardm ,el,Bury pC Dale Iend_p.Archlecl aGeabpy DPe ENERGY STORAGE 11r LLC BORING AUDU67 2a,2020 A LICENSED PROFESSIONAL ENGINEER,TO ALTER THIS I WBroa y safe 910 Dr By Y ITEM IN ANY WAY wma FDes NY1060t LOCATION PLAN TD5 e SCALE 1 INCH = 40 FEET rowx or sou7xolo cn.ekee T 91132 0 7400 F 91432]7101—Wil— SUFFOLIL CDUNTY NEWYORK ACB sneer 1 or 1 ^ Filename 1\lanpan wmWalalWPWdaU911900609011Peoieel patalpAppllShealFibslGeatlebnraR190060901-BLt01-0101 dvq Date t0/L2020 Tum 1241 User¢,stl 6ryb Tabb lanpan atb layout ANBI&BL B �� Preliminary Site Drainage Memo Technical Suffolk County Energy Storage II, LLC M e m o ra n d u m 69430 Main Road,Town of Southold, Suffolk County, NY Langan Project No.* 190060901 February 19,2021 Appendix A Boring Logs LANGAN LANGAN Log of Boring LB-01 Sheet 1 of 1 Project Project No Suffolk County Energy Storage II 190060901 Location Elevation and Datum 69430 Main Rd 10 Drilling Company Date Started Date Finished Aquifer Drilling&Testing 8/31/20 8/31/20 Drilling Equipment Completion Depth Rock Depth Geoprobe 7822 DT 12 ft N/E Size and Type of Bit Disturbed Undisturbed Core 2-7/8in Tricone Roller Bit Number of Samples 5 N/A N/A Casing Diameter(in) Casing Depth(ft) Water Level(ft) First Completion 24 HR. 4in Q 6 1 Casing Hammer Weight(lbs) Drop(in) Drilling Foreman Z Sampler 2-inch-diameters lits spoon; Dan Mendoza a Feld Engineer 5 Sampler Hammer Automatic Weight(lbs) 140lbs Dro8p0(inches Eamonn Coleman 3 Sample Data Remarks o m Elev. Depth d > c N-Value <� (ft) Sample Description Scale E a D (Blows/ft) (Drilling Fluid,Depth of Casing, $ y F a m Fluid Loss,Drilling Resistance,etc) a +10 0 z 10 20 30 40 � ?=�'' Brown silty fine-medium SAND,trace fine gravel,trace brick 0 5 at Oft a' +95 (dry)[TOPSOIL] :S-1A 7 I 0oBrown tine-medium ,trace silt,trace fine gravel,trace 1 (n t` 18 brick 11 (dry)[FILL] S-1B 15 N +�5 Brown fine medium SAND,trace silt,trace fine gravel,trace 2 s zn 12 S-2 at 2ft N brick 10 n (dry)[FILL] 3 N i— Light brown SILT,some fine sand 2 14 i O +60 (dry) S 26 15 S-3 at Oft :. Orangish brown silty SAND 1° { a. (dry) 5 n '� 13 �2 W 11 14 o'• :•+:• Orangish brown silty fine-medium SAND,trace fine gravel 6 16 i S-4 at 6ft 0 ' (wet) i m } 13 I n 7 6 . — 3 • 20 O 22 I z r'•:``' 8 Drill to 10 feet U • Z 9 W' 0 10 S-5 at 1 Oft W: Orangish brown silty fine-medium SAND,trace fine gravel zs , (wet) 12 I S-5A I- --10 ,22 15 0 Reddish brown CLAY,some silt,trace gravel16 0, 2° (moist)[TILL] 12 -s-5B i Boring backfilled with soil ottom of boring at 12tt cuttings,sand and bentonite 0 13 chips to surface grade U W O a 14 15 o , 0 m m < 16 o i 17 i � I 0 � 18 I I o I 19 Z 5 20 LANGAN Log of Boring LB-02 Sheet 1 of 2r Project Project No Suffolk County Energy Storage II 190060901 Location Elevation and Datum 69430 Main Rd 10 Drilling Company Date Started Date Finished Aquifer Drilling&Testing 8/31/20 8/31/20 Drilling Equipment Completion Depth Rock Depth Geoprobe 7822 DT 27 ft N/E Size and Type of Bit Disturbed Undisturbed Core 2-7/8in Tricone Roller Bit Number of Samples g N/A IN/A Casing Diameter(in) Casing Depth(ft) Water Level(ft) First Completion 24 HR. 41n S/ 8 1 �_ Casing Hammer Weight(lbs) Drop(in) Drilling Foreman Sampler Dan Mendoza Q 2-inch-diameters lit spoon; Field Engineer g Sampler Hammer Weight(lbs) Dro�(fin) Automatic 1401bs inches Eamonn Coleman Sample Data o a� w Remarks Depth ValueSam le Description Scale E m Blows/ft) (Drilling Fluid, of Casing,a Fluid Los ,Dnllin Resistance, lc +10 Z 10 20 30 40 x ) •' 0 Orangish brown sandy SILT,trace roots 1 1 at Oft EL ' +9 5 (dry)[TOPSOIL] 5-1A 2 0 Orangish brown to gray clayey SILT,trace roots,mottled 1 n m (dry) 3 :S-1B 7 N Orangish brown to gray clayey SILT,trace fine sand,trace 2 3 S-2 at 2ft m roots,mottled N 1 m +7 0 (moist) 3 s zn n °' B 122 Orangish brown fine-coarse SAND,trace silt,trace fine gravel t4 a i Drive casingto 4ft . '• +s o (moist) s-2B 15 D Reddish brown silty SAND_,trace-fine gravel 4 10 i S 3 at Oft a (moist)[TILL] - 11 ` W 5 n N 13 (2 Z ; w 13 i o Reddish brown silty fine-medium SAND,trace day 6 Zoo14 i S-4 at 6ft (moist)[TILL] 17 7M 12 9 24 j Drive casing to 8ft Z Reddish brown CLAY,some silt,trace fine sand - 8 5 i S-5 at 8ft (wet)[TILL] 7 i z 9 to n N 77 0 10 F 13 Reddish brown CLAY,some silt,trace fine sand 10 1g S-6 at 10ft (wet)[TILL] 7 15 11 �0C"! 1 v) n 26 a ED 28 I 01 ' 12 Drill to 15ft,easy drilling a 0 13 U ' w ° 14 a 0 _ Reddish brown CLAY,trace silt 15 5 I S-7 at 15ft (wet)[TILL] I 16 n N 7 16 a 9 ❑ j 12 17 'a a . 18 0 19 I Drill to 20ft,easy drilling Z 3 i 20 r LANGAN Log of Boring LB-02 Sheet 2 of 2 Project Project No. Suffolk County Energy Storage II 190060901 Location Elevation and Datum 69430 Main Rd 10 <o Sam le Data t wm Elev Depth a, �^ ..c N-Value Remarks �> (ft) Sample Description Scale E a c c o (Blows/ft) (Drilling Fluid,Depth of Casing, y E .2 m Fluid Loss,Drilling Resistance,etc) -100 z 10 20 30 40 Reddish brown CLAY,trace silt 20 5 8 at 20 t (wet)[TILL] 00 21 N 10 7 1i 14 22 z z 23 3 24 Drill to 25 feet,easy drilling 0 n Reddish brown CLAY,trace silt 25 6 S-9 at 25ft n (wet)[TILL] 10 0 26 u) w N 22 ti 12 v N 17 -17 0 27 0 Bottom of boring at 27ft Boring backfilled with soil Ncuttings,sand and bentonite 28 chips to surface grade EL C7 w 29 E' EL W 30 w m 31 0 m N 32 cD 0 z 33 c� J U z 34 x U W 0 35 W 0 36 a U 37 'a 38 w a 39 0 40 o I I 1 41 I o � � 42 I i I I , 43 j 0 U ( I z 44 I i z g 45 LANGAN Log of Boring LB-03 Sheet 1 of 1 Project Project No Suffolk County Energy Storage II 190060901 Location Elevation and Datum 69430 Main Rd 11 Drilling Company Date Started Date Finished Aquifer Drilling&Testing 8/31/20 8/31/20 Drilling Equipment Completion Depth Rock Depth Geoprobe 7822 DT 17 ft N/E Size and Type of Bit Disturbed Undisturbed Core 2-7/8in Tricone Roller Bit Number of Samples 7 N/A N/A Casing Diameter(in) CaEDPnt h(ft) Water Level(ft) First Completion 24 HR. 41n Q 15 1 Casing Hammer Weight(lbs) ) Dolling Foreman Sampler Dan Mendoza < 2-Inch-diameters litspoon, Field Engineer 5 Sampler Hammer Automatic Weight(lbs) 1401bs Dro3p(Inches Taylor Sisti o <0 0 Sample Data wm Elev. Depth d >^ N c N-value Remarks _ �} (ft) Sample Description Scale E, r 6 c�m (Blowslft (Dnlling Fluid,Depth of Casing, o m ) Fluid Loss,Dolling Resistance,etc) ani N +11 0 Z ~ m-- ] 10 20 30 40 Of r'' Dark brown silty fine-medium SAND,trace roots 0 at Oft +105 (dry)[TOPSOIL] _S-1A gOrangish brown to gray SILT,some f-m sand,trace clay, 1 � N 3 mottled ` (dry) :s-18 y 01 N Orangish brown to gray SILT,some f-m sand,trace clay, 2 8 7 S-2 at 2ft N mottled 15 mco (dry) 3 s-2A 2 — 18 +75 3� 0•.•. ;,�.: Orangish brown to brown fine-medium SAND,some silt,trace s ZB 23 Drive casing to Oft,drill to Oft W: cla trace fine ravel 4 S-3 at 4ft '• •i• +6"4 (dry) 53A ' EL Orangish brown to brown fine-coarse SAND,some silt,trace �, �, Z - clay,trace fine gravel 5 N WI (moist) S-38 EE 9 0 rown si ty some -c san S-4 at Eft (moist)[TILL] 6 1314 Brown silty CLAY,some f-c sand,trace fine gravel d 16 n (moist)[FILL] 7 En u, N 32 8 0 37 Drive casing to 8ft,drill to 8ft Brown clayey SILT,trace fine sand 8 11 S-5 at 8ft CD (moist)[TILL] s Z 9 10 B U W 14 Brown clayey SILT,trace fine sand 10 s sA S-6 at 1 Oft W• (moist)[FILL] z Brown silty fine-medium SAND,trace clay 11 N a (moist)[TILL] 1s U S-6B 31 ❑ 12 32 W 13 0 a 14 Drill to 15ft,easy drilling i I Brown fine-medium SAND,some silt - 15 10 I S-7 at 15ft (wet)[TILL] 16 vN N 1314 2. ❑ i 13 6 0 17 Boring backfilled with soil Bottom of boring at 17ft j cuttings,sand and bentonite 18 i chips to surface grade o I U 19 Z 3 20 LANGAA1 Log of Boring LB-04 Sheet 1 of 2 Project Project No Suffolk County Energy Storage II 190060901 Location Elevation and Datum 69430 Main Rd 10 Drilling Company Date Started Date Finished Aquifer Drilling&Testing 8/31/20 8/31/20 Drilling Equipment Completion Depth Rock Depth Geoprobe 7822 DT 22 ft N/E Size and Type of Bit Number of Samples Disturbed Undisturbed Core 2-7/81n Trlcone Roller Bit 8 N/A N/A Casing Diameter(in) Casing Depth(ft) Water Level(ft) First Completion 24 HR 31n 6 1 Casing Hammer Weight(lbs) Drop(in) Drilling Foreman Sampler Dan Mendoza a 2-inch-diametersplit spoon, Field Engineer g Sampler Hammer Weight(lbs) Dro ((fin) Automatic 1401bs flinches Taylor Slsti m Sample Data wm Elev. Depth d J�dj:;. S_ N-Value Remarks ( ) Sample Description Scale E T c ° (Blowslft) (Drilling Fluid,Depth of Casing, ° a a m Fluid Loss,Drilling Resistance,etc) +10 o z 10 20 30 40 it +99 Dark brown silty fine-medium SAND,trace roots 0 2 at Oft (dry)[TOPSOIL] CL '. •': m ;•;. eddish Orown silty tine-medium 2,trace roots 1 t` (dry) 3 S_1 B +80 3 I N Reddish brown silty CLAY,some f-m sand 27 2 1 S-2 at 2ft N (moist)[TILL] s-2A z Reddish brown to gray silty CLAY,some f-m sand,mottled 3Z z (moist)[TILL] s-ze 3 Drive casing to 4ft,drill 4ft D Reddish brown to gray silty CLAY,some f-m sand,mottled 4 3 ( S-3 at 4ft (moist)[TILL] y Z 5 g-3A m C-4 5 Lo 12 LU Reddish brown to gray clayey fine SAND,some silt,mottled B o (moist)[TILL] - 6 s 38 e S-4 at Eft Reddish gray fine-medium SAND,some silt,trace day N (wet)[TILL] 7 N N g i9 CD 10 ° 12 1 Drive casing to 8ft,drill to 8ft Reddish gray fine-medium SAND,some silt 8 12 I S-5 at 8ft a (wet)[TILL] 18 I L 9 5-5A� N ! 36 = Reddish brown fine-coarse SAND,some silt,trace clay,trace 18 i w fine gravelssB 10 o (wet)[TILL] 10 e S-6 at 10ft c� Reddish brown fine-coarse SAND,some silt,trace clay,trace z fine gravel11 S-6A 8 HN I2 a (wet)[TILL] 15 ! U Reddish brown silty CLAY,some f-m sand s (wet)[TILL] 12 S-68 zz `I � l 0 � 13 U = w 14 9; I Drive to 14ft,drill to 14ft,easy m i drilling 10 0 Reddish brown silty CLAY,some f-m sand 15 4 I S-7 at 1 5f m (wet)[TILL] 5 16 U) vi N g 14 0 11 I 3 17 i 18 Drive casing to 18ft,drill to • ! 18ft,easy drilling a 19 z . 20 r / LANGAN - Log of Boring LB-04 Sheet 2 of 2 Project Protect No Suffolk County Energy Storage II 190060901 Location Elevation and Datum 69430 Main Rd 10 a� Sam le Data wm Elev Depth iu „ N-Value Remarks <� (ft) Sample Description Scale E S= „� (Blowsml (Dnliing Fluid,Depth of Casing, s a m Fluid Loss,Drilling Resistance,etc) -100 Z 10 20 30 40 Reddish brown silty CLAY,trace f-m sand 20 g 8 at 20ft (wet)[TILL] 21 N g 6 1 -120 $ Bottom of boring at 22ft 22 Boring backfilled with soil zI cuttings,sand and bentonite z23 chips to surface grade 5 � 1 24 0 0 a: 25 a. 00 � 26 I a a N 27 o � N i O1 28 a 1 W , 29 uJ 30 z W 31 0 32 0 0 z 33 c� J Q 34 z x U p 35 W ra 36 o_ U D 37 'a I 38 U W a 39 E 0 ttt 40 j m < 41 o f 3 42 0 � 43 I 0 44 1 z I 5 45 STEVEN E. LOSQUADRO ATTORNEY AT LAW 649 ROUTE 25A SUITE 4 ROCKY POINT. NEW YORK,11778LE (631) 744-9070 FAX (631) 744-9421 WWW.LOSQUADROLAWFIRM.COM Geoffiom MEMORANDUM To: Zoning Board of Appeals Town of Southold From: STEVEN E. LOSQUADRO, P.C. Re: Suffolk County Energy Storage II,LLC Date: February 3,2021 Suffolk County Energy Storage II,LLC seeks to develop a Battery Energy Storage System (`GESS") project on property located at 69430 Main Road (NYS Route 25) in West Greenport, New York Such a use,which would be developed pursuant to a Request for Proposals ("RFP") issued by the Long Island Power Authority"(LIPA"),must be considered to be a"public utility,"which would permit Suffolk County Energy Storage II, LLC to be granted a Special Exception. Accordingly,we respectfully refer you to certain legal authority in the State of New York that provides guidance on this issue. ANALYSIS We respectfully submit that Suffolk County Energy Storage II, LLC must be considered a public utility for the purpose of any application that it makes to the ZBA. Two cases decided by New York courts buttress our position. The first case, Cellular Telephone Company d/b/a Cellular One v. the-Zoning Board of Appeals of the Village of Dobbs Ferry,82 N.Y.2d 364 (1994),was decided by the New York State Court of Appeals,the highest Court in the State. For the purposes of this � I(� memorandum,we shall refer to this matter as the"Cellular One" case. The Cellular One case involved a private entity-a cellular telephone company-whose variance request was denied. The trial court to which the denial was appealed,the Supreme Court of Westchester County,annulled and vacated that determination. The intermediate court,the Appellate Division,affirmed the Supreme Court's finding,and the Dobbs Ferry Village ZBA then appealed the matter to the Court of Appeals. The Court of Appeals held that Cellular One was a"public utility"whose variance request had to be reviewed under the more lenient standard of review applicable to variance requests by public utilities. The Court of Appeals noted that a "'public utility'has been defined to mean a-private business,often a monopoly, which provides services so essential to the public interest as to enjoy certain privileges—and be subject to such government regulation as the fixing of rates,and standards of service." Moreover, the Court of Appeals observed,as the ZBA conceded in the Cellular One case,that"electric,gas,steam and water corporations"already were considered to be public utilities in New York State,and the case focused on whether the definition should be expanded to include a cellular telephone company. The Court of Appeals concluded as follows: "a cellular telephone company is a"public utility as defined here" (that is,using the definition set forth herein) "and sufficiently possessed the characteristics outlined above. In addition,the construction of an antenna tower in a residential district to facilitate the supply of cellular telephone service is a`public utility building'within the meaning of a zoning ordinance." This latter conclusion only strengthens the position of Suffolk County Energy Storage II,LLC that it should be permitted to apply as public utility for the purposes of any project it pursues in the Town of Southold. If the State's highest court has held that an antenna tower is a"public utility building," surely a BESS facility would be a public utility structure or building,particularly when the Suffolk County Energy Storage II,LLC project would directly support the distribution of energy within the LIPA grid that serves the residents of the Town of Southold. The second case,Staminski v.Board of Appeals of the Town of Brookhaven,62 Misc.2d. 1051 (1970),further supports the contention of Suffolk County Energy Storage II,LLC that it be considered to be a public utility.The Staminski case also involves a Zoning Board of Appeals,and was brought by a resident who sought to annul a grant of a special permit for the erection of a community television antenna mast by a company known as Suffolk Cable Corp. BION U. WSQUADIk® Justice Stark of the Supreme Court, Suffolk County initially explained that a "public utility is defined as 'business or service which is engaged in regularly supplying the public with some commodity or service''which is of public consequence or need,such as electricity,gas,water,transportation or telephone or telegraph service."' (emphasis added). Such a definition clearly applies to Suffolk County Energy Storage II,LLC. CONCLUSION We respectfully contend that Suffolk County Energy Storage II, LLC presents a quite strong and persuasive argument that it must be considered to be a public utility for the purposes of seeking a Special Exception. Thank you for the oppo,tunny to present this analysis to you. I STEVEN E. EOSQUADRO ®®�° 1 STEVEN E. LOSQUADRO ATTORNEY AT LAW 649 ROUTE 25A SUITE 4AD ROCKY POINT, NEW YORK 11778 g�/ (631) 744-9070p FAX (631) 744-9421 FE78 0 W W W.LOSQIIADROLAWFZR.M.COM ��9ft9ng ©ard OfApt� l --_ To: Town of Southold Zoning Board of Appeals From: Steven E. Losquadro,Esq. Re: Analysis of Special Exception Standards relating to Application of Suffolk County Energy Storage II, LLC Date: February 4, 2021 Kindly accept this Memorandum as an analysis of both the General Standards and Matters to be Considered by the Zoning Board of Appeals as they relate to the Application by Suffolk County Energy Storage II,LLC for Approval of a Special Exception for a Battery Energy Storage System(BESS)project to be located at 69430 Main Road in West Greenport, Town of Southold. Each General Standard and Matter to be Considered shall be addressed below immediately underneath the corresponding Section of the Town Code. § 280-142 General standards. [Amended 6-15-1993 by L.L. No. 10-19931 No Special Exception approval shall be granted unless the Zoning Board of Appeals specifically fords and determines the following: A. That the use will riot prevent the orderly and reasonable use of adjacent properties or of properties in adjacent use districts. i Response: The BES,�, a proposed for the subject parcel wil, —i no manner hinder or deter the orderly and reasonable use of adjacent properties or of properties in adjacent use districts. Indeed, because the anticipated BESS Project use will be extraordinarily less impactful than other intense industrial uses permitted as-of-right on the parcel, it may be said that the BESS use will permit, if not promote, the orderly and reasonable existing and future uses of adjacent properties. B. That the use will"not prevent the orderly and reasonable use of permitted or legally established uses in the district wherein the proposed use is to be located or of permitted or legally established uses in adjacent use districts. 3 Response: The Applicant's BESS use, which will not generate air emissions, wastewater discharges, traffic, odors, solid waste generation,nitrogen loading or other by-products of uses permitted on industrially owned property, will not prevent the orderly and reasonable use of permitted or legally established uses in the district wherein the proposed use is to be located, or of permitted or legally established uses in adjacent use districts. C. That the safety,the health, the welfare,the comfort,the convenience or the order of the Town will not be adversely affected by the proposed use and its location. Response: The proposed BESS project is among the NYS PSC-designated clean,green technologies that promote the proliferation of renewable energy within our region, consistent with New York State's CLCPA (Climate Leadership Community Protection Act).It does not generate emissions, wastewater discharge, traffic, nitrogen loading,solid waste or other impacts associated with activity permitted on an industrial site, and thus will not adversely impact the health, welfare, comfort, convenience or order of the Town. D. That the use will be in harmony with and promote the general purposes and intent of this chapter. Response: Section 280-139 of the Town Code provides that selected land uses that are allowable under zoning may require individual review to assure compatibility with existing land use patterns. As BESS is a new NYS PSC-designated clean,green technology, and certainly one that is new to the Town of Southold, it is appropriate and beneficial that the Zoning Board of Appeals engage in such an examination. The proposed BESS "Public Utility"use proposed by the Applicant on the subject parcel, which is ideally situated withing 530 feet of LIPA's existing 8J Southold Substation,provides for the highest, best and least impactful use permitted on industrially zoned property. Accordingly, it is consistent with existing land use patterns that encourage responsible and meaningful development. E. That the use will be compatible with its surroundings and with the character of the neighborhood and of the community,in general,particularly with regard to visibility, scale and overall appearance. Response: The proposed BESS use will be compatible with the surroundings and character of the neighborhood and the community in general. Unlike extremely intense uses permitted on an industrially zoned site that would be out of character, the BESS project will not create congestion, STEVEN E. LOSQUADRO ®��° truck or other vehicle �__�c, not involve the operation of macl,y try, will not generate emissions, fumes, or the dispersal of particulates, and will not introduce potential contaminants associated with industrial uses. Thus, the environmentally benign BESS use will be compatible with the character of the area, as it will not negatively impact neighbors or passers-by. The low profile and low-impact project will be visually buffered and screened, which will further ensure such compatibility. F. That all proposed.structures, equipment and material shall be readily accessible for fire and police protection. Response: The BESS project has been designed, and will be engineered and constructed, in accordance with established NY State Fire Protection and Building Codes, which include utility- scale,BESS-specific regulations, as well as the Town's Building Department and Fire Marshal requirements to'accommodate ready accessibility by Fire,Police and First Responder services. The Applicant looks forward to working with the Town Fire Marshal, the Southold Fire Department and the Town Police Department as the BESS project moves forward to the Planning Board G. That the proposal complies with the requirements of Chapter 236, Stormwater Management, or in the alternative, the Zoning Board of Appeals shall condition such approval on compliance with the requirements of Chapter 236, Stormwater Management. [Added 2-14-2012 by L.L.No.3-20121 Response: The Applicant's proposed BESS project's engineered and constructed on-site stormwater management and groundwater recharge system will comply with the requirements of Chapter 236, Stormwater Management. The Applicant looks forward to continuing to demonstrate its compliance with such standards as the BESS project Application proceeds. § 280-143 Matters to be considered. In making such determination, consideration shall also be given, among other things, to: A. The character of the existing and probable development of uses in the district and the peculiar suitability of such district for the location of any of such permitted uses. Response: The character of the existing and probable development of uses on the industrially zoned subject parcel within this district, which includes LIPA's existing 8JSouthold Substation specifically identified by PSEGLI as desirable for North Fork BESS interconnection, compels the placement of the BESS project proposed by the Applicant. The BESS use is essentially zero- impact, as it is buffered, screened, complies with Town sound ordinance, will not generate traffic, will not generate emissions or other pollutants, will not cause nitrogen loading and will not generate solid waste. Accordingly, the subject parcel is ideally and particularly suited to host a BESS use that is exceptionally well-matched to LIPA's North Fork BESS need and less impactful than other, as-of-right uses that could be placed there. �r STEVEN E. LOSQUADRO ®,Owm B. The conservation of pro(sy values and the encouragement of th--_6st appropriate uses of laid. Response: Because the proposed BESS project will be low profile and visually screened and buffered, is consistent with Federal and State mandates to promote the use and proliferation of renewable energy that benefits the local environment,'and removes the possibility of highly impactful uses that could be developed on the subject parcel, the Applicant's BESS project will conserve property values and encourage a more appropriate use of the land C. The effect that the location of the proposed use and the location that entrances and exits may have upon the creation or undue increase of vehicular traffic congestion on public streets,highways or sidewalks to assure the public safety. Response: The Applicant's proposed BESS project will not create or unduly increase vehicular traffic congestion on public streets or highways. In fact, the project will essentially not cause any added vehicular traffic at all, thereby assuring the continued safety of the public along the Main Road(NYS Route 25). D. The availability of adequate and proper public or private water supply and facilities for the treatment, removal or discharge of sewage,refuse or other effluent(whether liquid, solid, gaseous or otherwise)that may be caused or created by or as a result of the use. Response: The BESS project will not generate sewage or wastewater, and will not cause sewage. Thus, the concern about removal or discharge of sewage, refuse or other effluent becomes _ moot, as same will not occur on the subject parcel. E. Whether the use or the materials incidental thereto or produced thereby may give off obnoxious gases, odors, smoke or soot. Response: The BESS project will not use or store materials that will produce, in any way, obnoxious gases, odors, smoke or soot. F. Whether the use will cause disturbing emissions of electrical discharges, dust, light,vibration or noise. Response: The Applicant's BESS project will not only not cause any project-related disturbing emissions of electrical discharges, dust, light, vibration or noise, but also will displace existing emissions from the nearby diesel fueled peak generation facility within LIPA's 8J Southold Substation. Indeed, the project will comply with the Town's noise ordinance. Odors, heavy machinery use, significant truck traffic,fumes and the dispersal of particulates thatfrequently occur on industrially zoned parcels will not take place on the subject parcel G. Whether the operation in pursuance of the use will cause undue interference with the orderly enjoyment by the public of parking or of recreational facilities, if existing or if proposed by the Town or by other competent governmental agencies. STEVEN E. LOSQUADRO -�Wm Response: Because i,.�BESS project will not generate traff II;._,,r congestion, and further will be screened and buffered, it will not cause any interference, let alone undue interference, with orderly enjoyment by the public of parking or of local recreational facilities, including the Preserve. H. The necessity for bituminous-surfaced space for purposes of off-street parking of vehicles incidental to the use and whether such space is reasonably adequate and appropriate and can be furnished by the owner of the plot sought to be used within or adjacent to the plot wherein the use shall be located. Response: As the Applicant's BESS project will not require off-street parking of vehicles incidental to the BESS use, no concern exists about the necessity for bituminous-surfaced space for such purposes. I. Whether a hazard to life, limb or property because of fire, flood, erosion or panic may be created by reason of or as a result of the use or by the structures to be used therefor or by the inaccessibility of the property or structures thereon for the convenient entry and operation of fire and other emergency apparatus or by the undue concentration or assemblage of persons upon such plot. Response: BESS is a clean,green and safe technology, and will not create a hazard to life, limb, or property due to fire,flood, erosion or panic. As referenced previously, tl:e site will be readily accessible to fire and police services, and will not have any undue concentration or assemblage of persons thereon. I Whether the use or-the structures to be used therefor will cause an overcrowding of land or undue concentration of population. Response: The Applicant's BESS project does not require any undue concentration of population. In fact, it essentially requires.no presence of people on the site at alb Thus, there wild be no overcrowding of land K. Whether the plot area is sufficient, appropriate and adequate for the use and the reasonably anticipated operation and expansion thereof. Response: It is respectfully submitted that consistent with the Applicant's October 2, 2020 Special Exception Application comprehensivefling, the Applicant's use of the site to accommodate a BESS project is sufficiently, adequately and carefully tailored to appropriately accommodate a BESS use in conformance with the requirements of the Town Code. L. Whether the use to be operated is unreasonably near to a church, school, theater, recreational area or other place of public assembly. Response: It is respectfully submitted that the proposed BESS project is not unreasonably near to a church,school, theater, recreational area or other place of public assembly. STEVEN E. LOSQUADRO .-Mo- M. Whether the site of the =bsed use is particularly suitable for sU'l ,,,,lise. 4 Response: The proposed use is exceptionally well-suited for the subject site, as the parcel is both industrially Zoned to accommodate extremely intense uses that go far beyond the benign BESS use, and located within 530 feet of LIPA's 8JSouthold Substation identified by PSEGLI as a highly desirable BESS point of interconnection. N. Whether adequate buffer yards and screening can and will be provided to protect adjacent properties and land uses from possible detrimental impacts of the proposed use. Response: The Applicant is pleased to reiterate that adequate visual buffering and screening can and will be provided to protect adjacentproperties and land uses. O. Whether adequate provision can and will be made for the collection and disposal of stormwater runoff, sewage, refuse and other liquid, solid or gaseous waste which the proposed use will generate. Response: Sewage, wastewater, refuse, and solid, liquid and gaseous waste will not be generated by the proposed use, while stormwater runoff will be addressed by compliance with Chapter 236, Stormwater Management. P. Whether the natural characteristics of the site are such that the proposed use may be introduced there without undue disturbance or disruption of important natural features, systems or processes and without risk of pollution to groundwater and surface waters on and off the site. Response: The nature of the site is such that the proposed BESS use may be introduced without unduly disturbing or disrupting important natural features, systems and processes, and without risking pollution to groundwater and surface waters on and off site. In that vein, it should be noted again that the use will not cause any emissions, nitrogen loading or generate any refuse,sewage or solid waste, all of which significantly lessen the aforementioned risks. J STEVEN E. LOSQUADRO ®� " _yI. Jf7 •. iL t r - ` .t. t' .�' a*a '-�° � y�' * •� i 7 �' 1 1 ! ..'�tY� -� k r�i., '� �iMI •� �ta 3 •� ,.k"iCF } .moi, .^si��+e`We �. 'e,�#F i '�^r,;e L �1�§ y# 'w w. r/?J' •`.>. r :ice r tw'' z„ c 14. ,.' „6,2� A F • -c.' u4 .. - -. °...sem^ _ - ...,,.� .sa.,,. --.-•w... �!�•' .yLrw.k� .•- ,.. .. :....-. :.�,,,'�' .'....""mom l - RECEIVED JAN 2 1 2021 lid ka -]RIF Ad , w Kx' ,ri '•"�8� s �j}Jr� .V4 - � 1 a � `fit l 1.i . �.�, �•�. r� � - ' �? .ft' � 4 �•+'� 1 .: `. ti�fir. K4 r_ } � �`a� - �yyy� it i e c� JAN 2 1 2021 a ------------ .......... ,77 .F I r \ t f . y y ,n : r ^ � s �� x' STEVEN E. LOSQUADRO ATTORNEY AT LAW 649 ROUTE 25A SUITE 4 ROCKY POINT,NEW YORK 11778 (631) 744-9070 FAX (631) 744-9421 W W W.LOSQUADROLAWF'LRM.CObi DEC 2020 October 2, 2020 BY HAND DELIVERY Leslie Kanes Weisman, Chairwoman Zoning Board of Appeals Town of Southold Town Hall Annex Building 54375 Route 25 Southold,New York 11971 Re: Suffolk County Energy Storage H,LLC Special Exception Application Dear Chairwoman Weisman: Suffolk County Energy Storage 11 LLC("Applicant")is pleased to submit the enclosed Application for Special Exception relating to a Battery Energy Storage System. The Suffolk County Energy Storage Project II ("Project")will be located on vacant,residentially developed parcel of land located at 69430 Main Road/NY25 within the unincorporated hamlet of West Greenport in the Town of Southold. The Project is proposed as a 79-megawatt battery energy storage system and is targeted to begin commercial operations in 2022-2023. With the submission of the following and in compliance with applicable sections of the Town of Southold's Code,the Applicant understands the Special Exception Application to be complete with the attached required items: • Project Description Package; ® Transactional Disclosure Form; • Full Environmental Assessment Form(Parts 1 and 2); • Conceptual Site Plan; • Site Survey; • LWRP Consistency Assessment Form; • Photographs of the Existing Setting along Main Road(NYS Route 25); 0 Certificates of Occupancy pertaining to the subject parcel; and • Check in the amount of$1,000.00 representing the Application Fee Suffolk County Energy Storage Il, LLC respectfully requests that the ToAm of Southold Zoning Board of Appeals approve the Project's attached Special Exception Application. Chairwoman Leslie Kanes Weisman October 2, 2020 DEC Page Two If you have any questions or require more information,kindly contact me at(631) 744-9070 or losquadrolaxygaol com. Sincerely, On behalf of Suffolk County Energy Storage 11,LLC Steven Losquadro attachments cc: Walter Meisner, Savion—Development Director Jason Funk,Savion-Director Permitting and Environmental STEVEN E. LOSQUADRO "��` STEVEN E. LOSQUADRO ATTORNEY AT LAW 649 ROUTE 25A 't SUITE 4 ROCKY POINT, NEW YORK 11778 ; (631) 744-9070 ! /r FAX (631) 744-9421 ` W W W.LOSQUADROLAWFIRM.COM ® W December 18, 2020 BY HAND DELIVERY Kim E. Fuentes Secretary to the Board of Zoning Appeals DEC 2020 Town of Southold 54375 Main Road Southold, New York 11971 Re: Suffolk County Energy Storage 11, LLC Special Exception Application Dear Ms. Fuentes: I write in furtherance of the Application of Suffolk County Energy Storage II, LLC ("the Applicant")for Special Exception, and to supplement the correspondence and documents submitted to the Board by the Applicant on October 2, 2020. A copy of the Applicant's October 2, 2020 letter to Chairwoman Leslie Kanes Weisman is attached hereto for your reference. The Applicant is pleased to submit 9 additional copies of the Application Package and Materials presented on October 2, 2020. Moreover, attached you will find additional documents requested by the Board. Specially, attached to each of the 9 Package copies you will find an Agent/Representative Transactional Disclosure Form,two pages representing a Town of Southold Property Record Card, an Agricultural Data Statement Form, an Authorization Form, and a Conceptual Site Plan with a Zoning Table contained thereon. Further, I have attached a check in the amount of$200.00 representing the balance of the filing fee. Thank you for your continued courtesy and attention to this matter. Sincerely, Steven Losquadro attachments R[C�IV`D SEC .' qy ,* 7 020 A RENEWABLE ENERGY COMPANY '�dr"d of n i i SUFFOLK COUNTY ENERGY STORAGE II APPLICATION FOR SPECIAL EXCEPTION .x TOWN OF SOUTHOLD, NY SEPTEMBER 29, 2020 DocuSign Envelope ID.2219DCA5-07F54920-AAF9-DFODEB388A45 Table of Contents: Special Exception Permit Application Special Exception Permit Application: I. Special Exception Narrative.......................................................................... 2 II. Town of Southold Code Compliance........................................................... 4 a. Article XV: Light Industrial (LI) District........................................................4 b. Article XXV: Special Exception Uses.........................................................6 Attachments: Attachment A—Special Exception Application Form & Certificate of Occupancy Attachment B—Conceptual Site Plan & Site Survey Attachment C —Agent Authorization Form Attachment D—Agent Representative Transactional Disclosure Form Attachment E— SEQRA Environmental Land Assessment Form Parts 1 &2 Attachment F—LWRP Form Attachment G - Photographs DocuSign Envelope ID.2219DCA5-07F5-4920-AAF9-DFODEB388A45 Suffolk County Energy Storage II—Special Exception Application I. Project Introduction Suffolk County Energy Storage II, LLC ("Applicant") proposes to develop the Suffolk County Energy Storage battery energy storage system (BESS), hereinafter referred to as the "Project" in the Town of Southold (Town), Suffolk County, New York. The Project will interconnect to the Long Island Power Authority's (LIPA) existing 8J Southold Electric Substation. The Project is considered a "public utility" use in the Light industrial (LI) District, permitted by Special Exception granted, by the Town Zoning Board of Appeals. Applicant is a wholly-owned subsidiary of Savion, LLC ("Savion"). Savion is owned by Macquarie Group's ("Macquarie") Green Investment Group ("GIG") and is one of the Country's most experienced utility-scale solar and energy storage development teams, with a vision for the transformation of the Country's electricity supply to renewable sources. The Savion team has developed over 11 gigawatts ("GW') of solar and energy projects across 25 States that are either operating, in construction, or are contracted. Savion is based in Kansas City, Missouri with 110 employees. Macquarie is a global provider of banking, -financial, advisory, investment and funds management services. Founded in 1969, Macquarie employs.over 14,800 people and has assets under management of more than $397.2 billion (as of September 30, 2018). In the Americas region, Macquarie has approximately 2,700 staff. The GIG is a specialist in green infrastructure principal investment, project delivery and the management of portfolio assets, and related services. Its track record, expertise and capabilities make it a global leader in green investment, dedicated to supporting the growth of the global green economy. The business was launched initially by the United Kingdom Government in 2012 as the first institution of its type in the world. It was acquired by Macquarie in 2017, creating one of Europe's largest teams of dedicated green infrastructure investors, and now operates globally. The proposed Project is located at 69430 Main Road/NY25 within the unincorporated hamlet of West Greenport in the Town of Southold on a 2.023-acre Lot currently under rural residential use and inclusive of one (1) occupied residential structure and two (2) unoccupied outbuildings that will be removed prior to commencing construction activities. The Applicant is seeking Special Exception approval from the Town's Zoning Board of Appeals with this Application's submission pursuant to Town Code Chapter 280 Zoning Article XXV Special Exception Uses. The Project's completed Special Exception Application form is included in Attachment A. The Project has been engineered to meet all applicable Town Code requirements. The Project is proposed an up to 79.85MW/69kV, subject to LIPA-PSEGLI (Public Service Enterprise Group Long Island) and New York Independent System 2 DocuSign Envelope ID.2219DCA5-07F5-4920-AAF9-DFODEB388A45 Suffolk County Energy Storage II—Special Exception Application Operator Inc. (NYISO) interconnection reviews and approvals, capable of powering 28,746 homes for up to 8 hours. The BESS' primary role will be to charge from LIPA's 8J Southold Substation at night and be available to discharge to LIPA's 8J Southold Substation during East End peak electric demand times (mornings and afternoons/ evenings), and will be capable of providing other electric grid services such as frequency regulation and voltage control, as well as emergency backup power. The Project facilities will consist of battery enclosures, which contain racks of lithium- ion batteries (similar to what are in our portable phones and electronics); inverters, which convert electricity from AC (Alternating Current)-to-DC (Direct Current) when charging from LIPA's 8J Southold Substation and DC-to-AC when discharging to LIPA's 8J Southold Substation; transformers, which "step up" and "step down" the system voltage; Heating, Ventilation & Air Conditioning (HVAC) cooling systems (batteries generate heat when charging and discharging); control instrumentation; and electric grid interconnection switchgear for the 13/69kV (kilovolt) interconnection, which provide switching and protection' to the BESS's electrical systems; and the Project's interconnections to both LIPA's existing 8J LIPA Southold Substation and Suffolk County Water Authority's existing Main Road Water Main presented in Attachment B: Conceptual Site Plan & Site Survey. During,the Project's planning and siting, the Applicant has worked closely with the landowner and Town officials. Applicant had a sketch plan meeting on August 12, 2020, with Town officials. The Applicant provided the officials with a Project Description Package prior to the meeting that presented, generally, the Project's LIPA-driven need, including its overall design and components to help the Town inform the Applicant of the Town's applicable Land Use, Code and Permitting requirements prior to the Applicant's submittal of this Application. The involved Property owner has authorized the Applicant to seek all Site-related permitting on its behalf (Attachment C: Agent Authorization Form): The Agent/Representative Transactional Disclosure Form is included as Attachment D. Applicant respectfully requests that the Town approve this Special Exception Application as proposed herein. The following Applicant Code compliance representations align with Town Code Chapter 280 Zoning Article XV: Light Industrial (LI) District and Article XXV: Special Exception Uses. 3 DocuSign Envelope ID.221,9DCA5-07F511920-AAF9-DFODE6388A45 Suffolk County Energy Storage II—Special Exception Application II. Town of Southold Code Compliance The proposed Project, which is the subject of this Special Exception Application includes Project Facilities compliant with applicable provisions of the Town of Southold Code Part II, General Provisions Chapter 280 Zoning, with the following setting forth the Special Exception criteria pursuant to Articles XV: Light Industrial District and XXV: Special Exception Uses. Portions of the Code are emphasized in "bold and italics to facilitate Zoning Board of Appeals review. Article XV.Light Industrial (LI) District § 280®69Purpose. The purpose of the Light Industrial (LI) District is to provide an opportunity for business and industrial uses on smaller lots than would be appropriate for the LIO Light Industrial Park/Planned Office Park District. The proposed BESS Project is located on a 2.023-acre parcel within the Light Industrial LI District. § 280-62 Use regulations. In the LI District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any purpose except the following: B. Uses permitted by special exception of the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals as hereinafter provided (5) Public utility structures and uses. The BESS Project will interconnect to the Long Island Power Authority's (LIPA) existing 8J Southold Electric Substation and is considered a "public utility" use in the Light Industrial LI Zoning District, permitted by special exception of the Town Board of Appeals. § 280-63 Bulk, area and parking regulations. No building or premises shall be used and no building or part thereof shall be,, erected or altered in the LI Light Industrial District unless the same conforms to the Bulk Schedule and Parking and Loading Schedules incorporated into this chapter by reference, with the same force and effect as if such regulations were set forth herein in full. 4 DocuSign Envelope ID:2219DCA5-07F5-4920-AAF9-DFODEB388A45 Suffolk County Energy Storage II—Special Exception Application The Project is not .anticipated to require any off-street parking or loading areas and therefore, the Bulk Schedule and Parking and Loading Schedules included in Town Code § 280-78 and 280-79 are not applicable. § 280-64 Front yard setbacks, A. Structures shall be set back at least 100 feet from the right-of-way. The Project is currently anticipating the need for Zoning Code Setback Variances. The Applicant is committed to working with the Town's Planning Department, Planning Board and Zoning Board of Appeals on the Project's required Setback Variances prior to seeking Town Site Plan approval through its Land Use Application submittal at a later date. B. There shall be an exception to Subsection A if the adjacent parcels are developed, in which case the minimum front yard setback shall be the average of the setbacks of the adjacent parcels. The Project is currently anticipating the need for Zoning Code Setback Variances. The Applicant is committed to working with the Town's Planning Department, Planning Board and Zoning Board of Appeals on the Project's required Setback Variances prior to seeking Town Site Plan approval through its Land Use Application submittal at a later date. C. A project shall be divided into separate structures so that no single structure shall have more than 60 linear feet,of frontage on one street, except that this requirement shall not apply to parcels located outside a designated hamlet locus (HALO) zone. Where buildings are permitted to have greater than 60 linear feet of frontage on a street, the building must be set back 100 feet(or at least 50 feet in cases where there are adjacent buildings providing an average setback) from that street and screened with a vegetated buffer. Applicant believes that neither of these two (2) Zoning Code provisions apply because: ■ The Project Site, located at 69430 Main Road/NY25 within the unincorporated hamlet of West Greenport, is located outside the Town's mapped HALO Zone; and ■ As shown in Attachment B: Conceptual Site Plan, the Proposed Project does not involve any Buildings, per se. 5 DocuSign Envelope ID.2219DCA5-07F5-4920-AAF9-DFODEB388A45 Suffolk County Energy Storage If—Special Exception Application D. The setbacks of multiple structures on a parcel may vary, provided that the average setback of the structures meets the setback required above. The Project is currently anticipating the need for Zoning Code Setback Variances. The Applicant is committed to working with the Town's Planning Department, Planning Board and Zoning Board of Appeals on the Project's required Setback Variances prior to seeking Town Site Plan approval through its Land Use Application submittal at a later date. Article XXV: Special Exception Uses §280-942 General standards. No special exception approval shall be granted unless the Zoning Board of Appeals specifically finds and determines the following: A. That the use will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent use districts. The Project will be subject to Town Planning Board and Building Department review and approval for compliance with prevailing and applicable State, County and Town Codes. In addition, the Project will not impact any existing community, visual, transportation, air or water resources. B. That the use will not prevent the orderly and reasonable use of permitted or legally established uses in the district wherein the proposed use is to be located or of permitted or legally established uses in adjacent use districts. The Project will be serving a public utility function to enhance LIPA's electric grid reliability. The Project is compatible with all such established uses. C. That the safety, the health, the welfare, the comfort, the convenience or the order of the Town will not be adversely affected by the proposed use and its location. The Project will be serving a public utility function to-enhance LIPA's local electric grid reliability; and therefore, the Project enhances the Town's safety, health, welfare, comfort and convenience. D. That the use will be in harmony with and promote the general purposes and intent of this chapter. The Project is in harmony and promotes the general purpose of Town Zoning Code § 280-142. The Project is located within the Light Industrial LI Zoning District, where public utilities are permitted by Special Exception granted by the Town's Zoning Board of Appeals. 6 DocuSign Envelope ID:2219DCA5-07F5-4920-AAF9-DFODEB388A45 Suffolk County Energy Storage II—Special Exception Application E. That the.use will be compatible with its surroundings and with the character of the neighborhood and of the community in general, particularly with regard to visibility, scale and overall appearance. The Project is compatible with adjacent commercial and industrial development located to the west, north and northeast. Undeveloped land is located east and southeast of the Project. A New York State Department of Environmental Conservation (NYSDEC) mapped wetland is located on northeast portion of the Site. As confirmed in Attachment B: Conceptual Site Plan, this wetland will be avoided by the Project, and existing vegetation along the southeast, southwest and northeast Project boundaries will be maintained thereby minimizing visual impact to adjacent properties. F. That all proposed structures, equipment and material shall be readily accessible for fire and police protection. The Project will be engineered, procured and constructed subject to the Town Fire Marshall's review and approval. C. That the proposal complies with the requirements of Chapter 236, Stormwater Management, or in the alternative, the Zoning Board of Appeals shall condition such approval on compliance with the requirements of Chapter 236, Stormwater Management. Prior to commencing any Project construction activities, a Construction and Operation Phases Stormwater Pollution Prevention Plan (SWPPP) will be prepared for review and approval by both the Town's Planning and Building Departments, as well as NYSDEC Region 1. § 280-143 Matters to be considered. In making such determination, consideration shall also be given, among other things, to: A. The character of the existing and probable development of uses in the district and the peculiar suitability of such district for the location of any of such permitted uses. The Project is compatible with the surrounding commercial and industrial properties. In addition, the Project will maintain and enhance existing vegetation on Site to create a visual buffer from adjacent properties. B. The conservation of property values and the encouragement of the most appropriate uses of land. The Project significantly enhances both the Property's value and land use, including the following direct benefits to the Town: 7 DocuSign Envelope ID-2219DCA5-07F5-4920-AAF9-DFODEB36BA45 Suffolk County Energy Storage II•—Special Exception Application • Improved, more cost-effective, local LIPA electric service reliability during daily and seasonal peak demands, as well as during and severe weather storms; • A new Property Tax Base via a PILOT Agreement through the Suffolk County Industrial Development Agency (SCIDA); and • An eight(8) month construction timeframe with up to 40 construction jobs (20 on- Site at one time during the Project's peak construction period). • The Project will support and promote New York State's movement away from fossil fuel energy sources and toward renewable energy sources, thereby improving, over time, the local airshed and quality of life for Town residents. C. The effect that the location of the proposed use and the location that entrances and exits may have upon the creation or undue increase of vehicular traffic congestion on public streets, highways or sidewalks to assure the public safety. A temporary, slight increase, to Main Road/NY25 traffic is anticipated during the Project's 8-month construction period. The Facility will be unmanned and controlled and monitored remotely during its long-term Operation, with periodic Facility Operation and Maintenance (O&M), as well as Site Maintenance crews of two (2) to three (3) people routinely conducting on-Site visits. During Facility servicing activities (replacing or adding energy storage batteries required to maintain the Facility's energy delivery guarantee to LIPA), which occurs once every 4-to-5 years, 10-15 people would be on-Site daily for one week. Such periodic O&M Site visits would not be expected to have a significant impact on local traffic volume along Main Road/NY25. D. The availability of adequate and proper public or private water supply and facilities for the treatment, removal or discharge of sewage, refuse or other effluent(whether liquid, solid, gaseous or otherwise) that may be caused or created by or as a result of the use. The Project will require and secure a Suffolk County Water Authority (SCWA) connection and hydrant during the Project's Construction Phase; periodic landscaping maintenance during the Project's Construction and Operations Phases; and will meet the Town Fire Marshall's anticipated requirements for on-Site Facility fire protection during the Facility's Operation Phase. Project generated Construction Phase refuse removal will be the responsibility of the Project's Construction Contractor engaging a Town-approved refuse carter. On-Site Construction Phase portable restrooms will be provided and serviced by the Project's Construction Contractor. No on-Site sanitary/septic installation and/or refuse removal are required since the Facility will be unoccupied and monitored remotely. 8 DocuSign Envelope ID.2219DCA5-07F5-4920-AAF9-DFODEB388A45 Suffolk County Energy Storage II—Special Exception Application E. Whether the use or the materials incidental thereto or produced thereby may give off obnoxious gases, odors, smoke or soot. The BESS Project will not generate any obnoxious gases, odors, smoke or soot. F. Whether the use will cause disturbing emissions of electrical discharges, dust, light, vibration or noise. ■ There will be no Facility electrical, dust emissions and no Facility vibrations during the Facility's Operations Phase. ■ The Project's Construction Phase Contractor will utilize Best Practices to control Site earthwork dust emissions and vibrations. ■ Construction Phase noise will be temporary, localized and limited to the hours of construction. ■ The Project will provide the Town with predicted sound modeling analysis complying with the Town's Noise Code §180-6 once completed. Predicted noise levels during Project Operation (transformers/HVAC systems) are not expected to exceed the Town's Noise Code §180-6. ■ As the Facility will be classified as a federal and New York State Homeland Security Critical Infrasture, dark-sky compliant security lighting fixtures will be installed within the Project Site. This lighting system will only activate during an emergency or Site/Facility security threat. G. Whether the operation in pursuance of the use will cause undue interference with the orderly enjoyment by the public of parking or of recreational facilities, if existing or if proposed by the Town or by other competent governmental agencies. Operation of the BESS will not cause undue interference with the orderly enjoyment by the public of parking or of recreational facilities. H. The necessity for bituminous-surfaced space for purposes of off-street parking of vehicles incidental to the use and whether such space is reasonably adequate and appropriate and can be furnished by the owner of the plot sought to be used within or adjacent to the plot wherein the use shall be located. The BESS will be an unmanned Facility requiring only periodic maintenance activities (vegetation management, component repair/replacement), which the proposed on-Site BESS service road is more than capable of adequately servicing. 9 DocuSign Envelope ID•2219DCA5-07F5-4920-AAF9-DFODEB388A45 Suffolk County Energy Storage II—Special Exception Application 1. Whether a hazard to life, limb or property because of fire, flood, erosion or panic may be created by reason of or as a result of the use or by the structures to be used therefor or by the inaccessibility of the property or structures thereon for the convenient entry and operation of fire and other emergency apparatus or by the undue concentration or assemblage of persons upon such plot. The proposed BESS Facility will be engineered, procured and constructed subject to the Town Fire Marshall's review and approval. J. Whether the use or the structures to be used therefor will cause an overcrowding of land or undue concentration of population. The BESS will not cause an overcrowding of land or undue concentration of population as the BESS is an unmanned facility. K. Whether the plot area is sufficient, appropriate and adequate for the use and the reasonably anticipated operation and expansion thereof. As confirmed in Attachment B: Conceptual Site Plan, the plot area is sufficient for the purposes of the proposed BESS. L. Whether the use to be operated is unreasonably near to a church, school, theater, recreational area or other place of public assembly. No church, school, theater, recreational area or other place of public assembly is located within 1,500 feet of the proposed Project. M. Whether the site of the proposed use is particularly suitable for such use. The site is zoned Light Industrial LI and is therefore suitable for the placement of a BESS. N. Whether adequate buffer yards and screening can and will be provided to protect adjacent properties and land uses from possible detrimental impacts of the proposed use. The Applicant will work with the Town to be sure all appropriate visual buffers and screening are provided within the Land Use Application Site Plan Approval to be submitted at a later date. O. Whether adequate provision can and will be made for the collection and disposal of stormwater runoff, sewage, refuse and other liquid, solid or gaseous waste which the proposed use will generate. 10 DocuSign Envelope ID-2219DCA5 07F5-4920-AAF9-DFODEB388A45 Suffolk County Energy Storage II—Special Exception Application The Applicant will work with the Town to include and install appropriate safeguards. The Project, at present, plans to utilize on-Site catch basins and diffusion wells to manage on- Site stormwater generation. Sanitary waste, generated only during the Project's Construction Phase, will be properly managed and disposed via portable restrooms serviced by the Project's construction contractor. P. Whether the natural characteristics of the site are such that the proposed use may be introduced there without undue disturbance or disruption of important natural features, systems or processes and without risk of pollution to groundwater and surface waters on and off the site. The Project is being-engineered to minimize/mitigate impacts to the natural characteristics of the existing Site. This includes maintaining the Site's existing natural topography to the greatest extent possible; supplementing the Site's existing drainage characteristics; working with NYSDEC and the Town regarding the mapped NYSDEC wetland buffer; and ensuring that the Project will not impact those species and communities identified in the New York Natural Heritage Program's (NYNHP) August 26, 2020.response letter. 11 DocuSign Envelope ID.2219DCA5-07F5-4920-AAF9-DFODEB388A45 ATTACHMENT A SPECIAL EXCEPTION APPLICATION FORM& CERTIFICATE OF OCCUPANCY DocuSign Envelope ID 2219DCA5-07F5-4920-AAF9 )EB388A45 `7 F ZONING BOARD OF APPEALS TOWN OF o Phone(631)765U1 09 LD(631 W65-90 4 20 APPLICATIONFORSPECIAL EXCEPTION Application No. Cir _ Date Filed: TO THE-ZOZ ING BOARD OF APPEALS,SOUTHOLD,NEW YORK: Applicant:Suffolk County Energy Storage II,LLC Parcel Location:House No.69430 Street Main Road NY 25 Hamlet Greenport Contact Phone Numbers:Steven E.Losquadro,Esq.516-241-6885 SCTM 1000 Section 045.00 Block 05.00 Lot 001.000 Lot Size 83,966SF/1.93-acres Zone District LI—Light Industrial Hereby applies to THE ZONING BOARD OF APPEALS for a SPECIAL EXCEPTION in accordance with the ZONING ORDINANCE,ARTICLE XV,SECTION 280-62,SUBSECTION B(5)for the following uses and purposes: Public utility structures and uses:the Suffolk County Energy Storage H,a battery energy storage system (BESS)facility(herein the'Project')that will interconnect to LIPA's 8J Southold Substation. As shown on the attached survey/site plan drawn to scale. Site Plan review[]IS or[X]IS NOT required. A. Statement of Ownership and Interest: Richmond Realty Corp is the owner(s)of property known and referred to as: 69430 Main Road/NY25 Greenport Identified on the Suffolk County Tax Maps as District 1000,Section 045.00 Block 05.00 Lot 001.000 and shown on the attached Deed. The above-described property was acquired by the Owner on November 29,2018 B. The applicant alleges that the approval of this exception would be in harmony with the intent and purpose of said zoning ordinance and that the proposed use conforms to the standards prescribed therefore in said ordinance and would not be detrimental to property or persons in the neighborhood for the following reasons: i. The involved Town Code Article XV Light Industrial (LI) District, Section 280-62 Use Regulations, Subsection B Uses Permitted By Special Exception of The Board of Appeals, specifically includes(5)Public utility structures and uses andthe: 1. Involved Lot is compatibly zoned Light Industrial(LI);and 2. Applicant's proposed use as a Public Utility aligns/complies with this Section of the Town's Code. fl. The proposed Projectwould: 1. Be interconnected to LIPA's electric grid at LIPA's 8J Southold Substation located just 750'northeastofthe involved Lot/Proj ectSiteunderalong-term energysupply contractwith LIPA,thus controlled by both LIPA and NYISO as a Public Utility, strengthening LIPA's local electric grid reliabilityand therefore,enhancingTown-wide safety,health,welfare,comfort and convenience,including displacingyearround greenhouse gas emissions from National Grid's existing 14MW diesel oil-fired Southold Peaking Generation Station located within LIPA's nearby 8D Southold Substation resulting in improvement to North Fork and East End air quality, ZONING BOARD OF APPEALS - TOWN OF SOUTHOLID,NEWYORK Phone(631)765-1809 (631)765-9064 DEC 18 2020 APPLICATIONFOR SPECIAL EXCEPTION Application No. Date Filed: - Page 2 2 Be well buffered by existing and new vegetation along Main Road/NY25; 3. Becompatiblewithexistingadjacentcommerdalandindustrialdevelopmentlocatedto the west,north and northeast of the involved Lot/Project Site; 4. Be engineered,proeuredandconstructed subject toNYSDEC,Suffolk County Department offlealth,Town Planningand Building Departments',aswell as Town Fire Marshall's reviews and approvals,whichamong other thingswill,asshowninAttachment B:ConceptualSite Plan andAttachment E:Completed SEQRA FEAF Part 1,through both the Project's configuration and security fencing,result in physical protection of the existing on-Site mapped NTYSDEC Freshwater Wetland and wildlifehabitats; 5. Result in minimal Main Road/NY25 traffic volume impacts during the 8- month constructionperiodandas an unoccupiedFacility,would have negligible Main Road/NY25 traffic volume impacts associated with required Facility and Site maintenance during its Operations period; 6. Not burden the Town's existing educational,recreational or first responder resources,infrastructure and/or services,while simultaneously enhancing the local economy during the Project's Construction and periodic long-term Maintenance periods,and 7. Not adversely impact nearby current existing mixed local residential, commercial,institutional and industrial Land Uses along Main Road/NY25. C.The property which is subject of this Applicatign is zoned LI Light Industrial and- [J isconsistentwith the use(s)describedin the CO(attach copy),or[X I isnotconsistent with the CO being furnished herewith for the following reason(s):The proposed B ESS is consistent with uses permitted by special exception in the LI District.The residential dwellings located on site,and identified in the attached Certificate of Occupancy;will be removed prior to commencing construction.[]is vacantland r COUNTY OF 5 aclSa,i ss.: STATE OF (Signature) Sworn to before me this�Vday f �t ��' 120Is PUBLIC, DocuSign Envelope ID-2219DCA5-07F5-4920-AAF9-1 EB388A45 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD,NEWYORK DEC 18 ZOZO Phone(631)765-1809 (631)765-9064 APPLICATION FOR SPECIAL EXCEPTION Application No Date Filed: Page 3 General Standards,please answer the following as it pertains to your project: A. The use will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent use districts BECAUSE:See Special Exception Narrative for more detail. 1) Be subject to To**1;n Planning Board and BuildingDep:artment ecvieit•and appii)val for cdinpliance with p.'r6ailing and applicable State.County and Toitn Codes,Lay's and Land Use Regulations;and Not impact any existing community,visual,transportation,air or water resources. B: The use will not prevent the orderly and reasonable use of permitted or legally established uses in the district wherein the requested use is located or of permitted or legally established uses in adjacent use districts BECAUSE: The Project will serve a public utility function to enhance LIPA's electric grid reliability,it is compatible with all such established uses. C. The safety,the health,the welfare,the comfort, the convenience or the order of the Town will not be adversely affected by the proposed use and its location BECAUSE: The Project iVill serve irpublic utility function to enhance LIPA's local electric grid reliability,it enhances the Town's safety, health,welfare,comfort and convenience. D. The use will be in harmony with and promote the general purposes and intent of Chapter 280-142 BECAUSE:The,Project will serve as a paiblic utilitj•which is permissible by special exccption in the Ll District: The Project will be in lia'rniony and promote the geiicral,purposLs and intent of Chapter 280-142. Il. The use will be compatible with its surroundings and with the character of the neighborhood and of the community in general,particularly with regard to visibility,scale and overall appearance BECAUSE:The Project will be compatible with the property's LI Light Industrial Zoning,well buffered and within 750'of LIPA's existing 8J Southold Substation. F. All proposed structures,equipment,and material shall be readily accessible for fire and police protection BECAUSE:The Project will be engineered,procured and constructed subject to the Town Fire Marshall's review and approval. G. The proposal shall comply with the requirements of Chapter 236,Stormwater Management BECAUSE: Prior to cominencing consteuctipif activities for the Project.a Construction and Operation Phases'SWPPP will be prepared for review and approval by both the Town Planning Board and NYSDEC Region 1. September 28, 2020 1 1:23 PM EDT Authorized signature and Date September 28, 2020 1 10:31 AM PDT Authorized signature and Date DocuSign Envelope ID:2219DCA5-07F5-4920-AAF9-1 =B388A45 QUESTIONNAIRE SPECIAL EXCEPTION FOR FILING WITH YOUR ZBA APPLICATION DEC 18 2020 1. Has a determination been made regarding SitePlan review? Yes XNo If no,please inquiry with the ZBA office and if site plan is required,you may apply to the Planning Dept. at the same time so both applications can be reviewed concurrently. 2. Are there any proposals to change or alter land contours? a. X No Yes please explain on attached sheet. 3. Are there areas that contain sand or wetland grasses?Yes a. Are those areas shown on the survey submitted with this application?Yes b. Is the property bulk headed between the wetlands area and the upland building area? No n c. If your property contains wetlands or pond areas,have you contacted the Office of the Town trustees for its determination of jurisdiction?No Please confirm status of your inquiry or Application with the Trustees and if issued, please attach copies of permit with conditions and approved survey.N/A 4. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level?No 5. Are there any patios,concrete barriers,bulkheads or fences that exist that are not shown on the survey that you are submitting?No Please show area of the structures on a diagram if any exist or state none on the above line.N/A 6. Do you have any construction taking place at this time concerning your premises?No If yes, please submit a copy of your building permit and survey as approved by the Building Department and please describe:N/A 7. Please attach all pre-certificates of occupancy and certificates of occupancy for the subject premises.If any are lacking,please apply to the Building Department to obtain copies of them.Attached 8. Do you or any co-owner also own other land adjoining or close to this parcel?No If yes,please label the proximity of your lands on your survey. N/A 9. Please list present use or operations conducted at this parcel rural residential and the proposed use:11ib'property Kill be redeN-616ped as a BESS.facility that will interconnect to LIPA's 8J Southold Substation. (ex existing single n,proposed same with garage,pool or other or vacant proposed office with apartments above,etc September 28, 2020 1:23 PM EDT Authorized signature and Date September 28, 2020 10:31 AM PDT Authorized signature and Date DocuSign Envelope ID:2219DCA5-07F54920-AAF9.; `,EB388A45 Suffolk County Energy Storage II—Special Exception Application i = I I. Project Introduction DEC 18 2020 k Suffolk County Energy Storage II, LLC ("Applicant") proposes to develop the Suffolk County Energy Storage battery energy storage system (BESS), hereinafter referred to as the "Project" in the Town of Southold (Town), Suffolk County, New York. The Project will interconnect to the Long Island Power Authority's (LIPA) existing 8J Southold Electric Substation. The Project is considered a "public utility" use in , the Light industrial (LI) District, permitted by Special Exception granted by the Town Zoning Board of Appeals. Applicant is a wholly-owned subsidiary of Savion, LLC ("Savion"). Savion is owned by Macquarie Group's ("Macquarie") Green Investment Group ("GIG") and is one of the Country's most experienced utility-scale solar and energy storage development teams, with a vision for the transformation of the Country's electricity supply to renewable sources. The Savion team has developed over 11 gigawatts ("GW') of solar and energy projects across 25 States that are either operating, in construction, or are contracted. Savion is based in Kansas City, Missouri with 110 employees. Macquarie is a global provider of banking, financial, advisory, investment and funds management services. Founded in 1969, Macquarie employs,over 14,800 people and has assets under management of more than $397.2 billion (as of September 30, 2018). In the Americas region, Macquarie has approximately 2,700 staff. The GIG is a specialist in,green infrastructure principal investment, project delivery and the management of portfolio assets, and related services. Its track record, expertise and capabilities make it a global leader in green investment, dedicated to supporting the growth of the global green economy. The business was launched initially by the United Kingdom Government in 2012 as the first institution-of its type in the world. It was acquired by Macquarie in 2017, creating one of Europe's largest teams of dedicated green infrastructure investors, and now operates globally. The proposed Project is located at 69430 Main Road/NY25 within the unincorporated hamlet of West Greenport in the Town of Southold on a 2.023-acre Lot currently under rural residential use and inclusive of one (1) occupied residential structure and two (2) unoccupied outbuildings that will be removed prior to commencing construction activities. The Applicant is seeking Special Exception approval from the Town's Zoning Board of Appeals with this Application's submission pursuant to Town Code Chapter 280 Zoning Article XXV Special Exception Uses. The Project's completed Special Exception Application form is included in Attachment A. The Project has been engineered to meet all applicable Town Code requirements. The Project is proposed an up to 79.85MW/69kV, subject to LIPA-PSEGLI (Public Service Enterprise Group Long Island) and New York Independent System 2 DocuSign Envelope ID•2219DCA5-07F5-4920-AAF9-[; :13388A45 47 Suffolk County Energy Storage II—Special Exception Application DEC 18 2020 Operator Inc. (NYISO) interconnection reviews and approvals, capable of powering 28,746 homes for up to 8 hours. The BESS' primary role will be to charge from.LIrPA's .-. 8J Southold Substation at night and be available to discharge to LIPKs 8J Southold Substation during East End peak electric demand times (mornings and afternoons/ evenings), and will be capable of providing other electric grid services such as frequency regulation and voltage control, as well as emergency backup power. The Project facilities will consist of battery enclosures, which contain racks of lithium- ion batteries (similar to what are in our portable phones and electronics); inverters, which convert electricity from AC (Alternating Current)-to-DC (Direct Current) when charging from LIPA's 8J Southold Substation and DC-to-AC when discharging to LIPA's 8J Southold Substation; transformers, which "step up" an,d "step down" the system voltage; Heating, Ventilation & Air Conditioning (HVAC) cooling systems (batteries generate heat when charging and discharging); control instrumentation; and. electric grid interconnection switchgear for the 13/69kV (kilovolt) interconnection, which provide switching, and protection , to the BESS's electrical systems; and the Project's interconnections to both LIPA's existing 8J LIPA Southold Substation and Suffolk County Water Authority's existing Main Road Water Main presented in Attachment B: Conceptual Site Plan & Site Survey. During the Project's planning and siting, the Applicant has worked closely with the landowner and Town officials. Applicant had a sketch plan meeting on August 12, 2020, with Town officials. The Applicant provided the officials with a Project Description Package prior to the meeting that presented, generally, the Project's LIPA-driven need, including its overall design and components to help the Town inform the Applicant of the Town's applicable Land Use, Code and Permitting requirements prior to the Applicant's submittal of this Application. The involved Property owner has authorized the Applicant to seek all Site-related permitting on its behalf (Attachment C: Agent Authorization Form): The Agent/Representative Transactional Disclosure Form is included as Attachment D. Applicant respectfully requests that the Town approve this Special Exception Application as proposed herein. The following Applicant Code compliance representations align with Town Code Chapter 280 Zoning Article XV: Light Industrial (LI) District and Article XXV: Special Exception Uses. 3 DocuSign Envelope ID-2219DCA5-07F5-4920-AA179-; E6388A45 Suffolk County Energy Storage II—Special Exception Application DEC 18 2020 II. Town of Southold Code Compliance The proposed Project, which is the subject of this Special Exception Application includes Project Facilities compliant with applicable provisions of the Town of Southold Code Part II, General Provisions Chapter 280 Zoning, with the following setting forth the Special Exception criteria pursuant to Articles XV: Light Industrial District and XXV: Special Exception Uses. Portions of the Code are emphasized in bold and italics to facilitate Zoning Board of Appeals review. Article XV Light Industrial (LI) District § 280-69Purpose. The purpose of the Light Industrial (LI) District is to provide an opportunity for business and industrial uses on smaller lots than would be appropriate for the LIO Light Industrial Park/Planned Office Park District. The proposed BESS Project is located on a 2.023-acre parcel within the Light Industrial LI District. § 280-62 Use regulations. In the Ll District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any purpose except the following: B. Uses permitted by special exception of the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals as hereinafter provided (5) Public utility structures and uses. The BESS Project will interconnect to the Long Island Power Authority's (LIPA) existing 8J Southold Electric Substation and is considered a "public utility" use in the Light Industrial LI Zoning District, permitted by special exception of the Town Board of Appeals. § 250-63 Bulk, area and parking regulations. No building or premises shall be used and no building or part thereof shall be erected or altered in the LI Light Industrial District unless the same conforms to the Bulk Schedule and Parking and Loading Schedules incorporated into this chapter by reference, with the same force and effect as if such regulations were set forth herein in full. 4 DocuSign Envelope ID:2219DCA5-07F54920-AAF9-[, :B388A45 /��� Suffolk County Energy Storage II—Special Exception Application DEC 18 2020 The Project is not anticipated to require any off-street parking or loading areas and therefore, the Bulk Schedule and Parking and Loading Schedules included in Town Code., . § 280-78 and 280-79 are not applicable. J § 280-64 Front yard setbacks. A. Structures shall be set back at least 100 feet from the right-of-way. The Project is currently anticipating the need for Zoning Code Setback Variances, The Applicant is committed to working with the Town's Planning Department, Planning Board and Zoning Board of Appeals on the Project's required Setback Variances prior to seeking Town Site Plan approval through its Land Use Application submittal at a later date. B. There shall be an exception to Subsection A if the adjacent parcels are developed, in which case the minimum front yard setback shall be the average of the setbacks of the adjacent parcels. p The Project is currently anticipating the need for Zoning Code Setback Variances. The Applicant is committed to working with the Town's Planning Department, Planning Board and Zoning Board of Appeals on the Project's required Setback Variances prior to seeking Town Site Plan approval through its Land Use Application submittal at a later date. C. A project shall be divided into separate structures so that no single structure shall have more than 60 linear feet of frontage on one street, except that this requirement shall not apply to parcels located outside a designated hamlet locus (HALO) zone. Where buildings are permitted to have greater than 60 linear feet of frontage on a street, the building must be set back 100 feet(or at least 50 feet in cases where there are adjacent buildings providing an average setback) from that street and screened with a vegetated buffer. Applicant believes that neither of these two (2) Zoning Code provisions apply because: ■ The Project Site, located at 69430 Main Road/NY25 within the unincorporated hamlet of West Greenport, is located outside the Town's mapped HALO Zone; and ■ As shown in Attachment B: Conceptual Site Plan, the Proposed Project does not involve any Buildings, per se. 5 DocuSign Envelope ID:2219DCA5-07F5-4920-AAF9-C1 :13388A45 Suffolk County Energy Storage II—Special Exception Application `�," �'1�/✓✓ D. The setbacks of multiple structures on a parcel may vary, provided that the average setback of the structures meets the setback required above. DEC 18 2020 The Project is currently anticipating the need for Zoning Code Setback Variances. The Applicant is committed to working with the Town's Planning Department, Planning Board and Zoning Board of Appeals on the Project's required Setback Variances prior to seeking Town Site Plan approval through its Land Use Application submittal at a later date. Article XXV: Special Exception Uses §280-142 General standards. No special exception approval shall be granted unless the Zoning Board of Appeals specifically finds and determines the following: A. That the use will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent use districts. The Project will be subject to Town Planning Board and Building Department review and approval for compliance with prevailing and applicable State, County and Town Codes. In addition, the Project will not impact any existing community, visual, transportation, air or water resources. B. That the use will not prevent the orderly and reasonable use of permitted or legally established uses in the district wherein the proposed use is to be located or of permitted or legally established uses in adjacent use districts. The Project will be serving a public utility function to enhance LIPA's electric grid reliability. The Project is compatible with all such established uses. C. That the safety, the health, the welfare, the comfort, the convenience or the order of the Town will not be adversely affected by the proposed use and its location. The Project will be serving a public utility function to enhance LIPA's local electric grid reliability; and therefore, the Project enhances the Town's safety, health, welfare, comfort and convenience. D. That the use will be in harmony with and promote the general purposes and intent of this chapter. The Project is in harmony and promotes the general purpose of Town Zoning Code § 280-142. The Project is located within the Light Industrial LI Zoning District, where public utilities are permitted by Special Exception granted by the Town's Zoning Board of Appeals. 6 DocuSign Envelope ID:2219DCA5-07F54920-AAF9-DI- 3388A45 Suffolk County Energy Storage II—Special Exception Application" E. That the use will be compatible with its surroundings and with the ch �r the neighborhood and of the community in general, particularly with re7aNO�o 1020 visibility, scale and overall appearance. The Project is compatible with adjacent commercial and industrial development located to the west, north and northeast. Undeveloped land is located east and southeast of the Project. A New York State Department of Environmental Conservation (NYSDEC) mapped wetland is located on northeast portion of the Site. As confirmed in Attachment B: Conceptual Site Plan, this wetland will be avoided by the Project, and'existing vegetation along the southeast, southwest and northeast Project boundaries will be maintained thereby minimizing visual impact to-adjacent properties. F. That all proposed structures, equipment and material shall be readily accessible for fire and police protection. The Project will be engineered, procured and constructed subject to the Town Fire Marshall's review and approval. G. That the proposal complies with the requirements of Chapter 236, Stormwater Management, or in the alternative, the Zoning Board of Appeals shall condition such approval on compliance with the requirements of Chapter 236, Stormwater Management. Prior to commencing any Project construction activities, a Construction and Operation Phases Stormwater Pollution Prevention Plan (SWPPP) will be prepared for review and approval by both the Town's Planning and Building Departments, as well as NYSDEC Region 1. §280-943 Matters to be considered. In making such determination, consideration shall also be given, among other things, to: A. The character of the existing and probable development of uses in the district and the peculiar suitability of such district for the location of any of such permitted uses. The Project is compatible with the surrounding commercial and industrial properties. In addition, the Project will maintain and enhance existing vegetation on Site to create a visual buffer from adjacent properties. B. The conservation of property values and the encouragement of the most appropriate uses of land. The Project significantly enhances both the Property's value and land use, including the following direct benefits to the Town: 7 DocuSign Envelope ID,221913CA5-07175-4920-AAF9-11' ;B388A45 Suffolk County Energy Storage II—Special Exception Application DEC 18 2020 • Improved, more cost-effective, local LIPA electric service reliability during,daily and seasonal peak demands, as well as during and severe weather storms; • A new Property Tax Base via a PILOT Agreement through the Suffolk County Industrial Development Agency (SCIDA); and • An eight (8) month construction timeframe with up to 40 construction jobs (20 on- Site at one time during the Project's peak construction period). • The Project will support and promote New York State's movement away from fossil fuel energy sources and toward renewable energy sources, thereby improving, over time, the local airshed and quality of life-for Town residents. C. The effect that the location of the proposed use and the location that entrances and exits may have upon the creation or undue increase of vehicular traffic < congestion on public streets, highways or sidewalks to assure the public safety. A temporary, slight increase, to Main Road/NY25 traffic is anticipated during the Project's 8-month construction period. The Facility will be unmanned and controlled and monitored remotely during its long-term Operation, with periodic Facility Operation and Maintenance (O&M), as well as Site Maintenance crews of two (2) to three (3) people routinely conducting on-Site visits. During Facility servicing activities (replacing or adding energy storage batteries required to maintain the Facility's energy delivery guarantee to LIPA), which occurs once every 4-to-5 years, 10-15 people would be on-Site daily for one week. Such periodic O&M Site visits would not be expected to have a significant impact on local traffic volume along Main Road/NY25. D. The availability of adequate and proper public or private water supply and facilities for the treatment, removal or discharge of sewage, refuse or other effluent(whether liquid, solid, gaseous or otherwise) that may be caused or created by or as a result of the use. The Project will require and secure a Suffolk County Water Authority (SCWA) connection and hydrant during the Project's Construction Phase; periodic landscaping maintenance during the Project's Construction and Operations Phases; and will meet the Town Fire Marshall's anticipated requirements for on-Site Facility fire protection during the Facility's Operation Phase. Project generated Construction Phase refuse removal will be the responsibility of the Project's Construction Contractor engaging a Town-approved refuse carter. On-Site Construction Phase portable restrooms will be'provided and serviced by the Project's Construction Contractor, No on-Site sanitary/septic installation and/or refuse removal are required since the Facility will be unoccupied and monitored remotely. 8 DocuSign Envelope ID:221913CA5-071754920-AAF94: :8388A45 Suffolk County Energy Storage If—Special Exception Application ` j✓9� DEC, 18 2020 E. Whether the use or the materials incidental thereto or produced thereby may give off obnoxious gases, odors, smoke or soot. The BESS Project will not generate any obnoxious gases, odors, smoke or soot. F. Whether the use will cause disturbing emissions of electrical discharges, dust, light, vibration or noise. ■ There will be no Facility electrical, dust emissions and no Facility vibrations during the Facility's Operations Phase. ■ The Project's Construction Phase Contractor will utilize Best Practices to control Site earthwork dust emissions and vibrations. ■ Construction Phase noise will be temporary, localized and limited to the hours of construction. ■ The Project will provide the Town with predicted sound modeling analysis complying with the Town's Noise Code §180-6 once completed. Predicted noise levels during Project Operation (transformers/HVAC systems) are not expected to exceed the Town's Noise Code §180-6. ■ As the Facility will be classified as a federal and,New York State Homeland Security Critical Infrasture, dark-sky compliant security lighting fixtures will be installed within the Project Site. This lighting system will only activate during an emergency or Site/Facility security threat. G. Whether the operation in pursuance of the use will cause undue interference with the orderly enjoyment by the public of parking or of recreational facilities, if existing or if proposed by the Town or by other competent governmental agencies. Operation of the BESS will not cause undue interference with the orderly enjoyment by the public of parking or of recreational facilities. H. The necessity for bituminous-surfaced space for purposes of off-street parking of vehicles incidental to the use and whether such space is reasonably adequate and appropriate and can be furnished by the owner of the plot sought to be used within or adjacent to the plot wherein the use shall be located. The BESS will be an unmanned Facility requiring only periodic maintenance activities (vegetation management, component repair/replacement), which the proposed on-Site BESS service road is more than capable of adequately servicing. 9 DocuSign Envelope ID:2219DCA5-07F5-4920-AAF9- EB38BA45 Suffolk County Energy Storage II—Special Exception Application - DEC 18 2020 L Whether a hazard to life, limb or property because of fire, flood, erosion or panic may be created by reason of or as a result of the use or by the structures to be used therefor or by the inaccessibility of the property or structures thereon for the convenient entry and operation of fire and other emergency apparatus or by _ the undue concentration or assemblage of persons upon such plot. The proposed BESS Facility will be engineered, procured and constructed subject to the Town Fire Marshall's review and approval. J. Whether the use or the structures to be used therefor will cause an overcrowding of land or undue concentration of population. The BESS will not cause an overcrowding of land or undue concentration of population as the BESS is an unmanned facility. K. Whether the plot area is sufficient, appropriate and adequate for the use and the reasonably anticipated operation and expansion thereof. As confirmed in Attachment B: Conceptual Site Plan, the plot area is sufficient for the purposes of the proposed BESS. L. Whether,the use to be operated is unreasonably near to a church, school, theater, recreational area or other place of public assembly. No church, school, theater, recreational area or other place of public assembly is located within 1,500 feet of the proposed Project. M. Whether the site of the proposed use is particularly suitable for such use. The site is zoned Light Industrial LI and is therefore suitable for the placement of a BESS. N. Whether adequate buffer yards and screening can and will be provided to protect adjacent properties and land uses from possible detrimental impacts of the proposed use. The Applicant will work with the Town to be sure all appropriate visual buffers and screening are provided within the Land Use Application Site Plan Approval to be submitted at a later date. O. Whether adequate provision can and will be made for the collection and disposal of stormwater runoff, sewage, refuse and other liquid, solid or gaseous waste which the proposed use will generate. 10 DocuSign Envelope ID 2219DCA5-07F5-4920-AAF9-I "?B388A45 Suffolk County Energy Storage II—Special Exception Application DEC 18 2020 The Applicant will work with the Town to include and install appropriate safeguards. The Project, at present, plans to utilize on-Site catch basins and diffusion wells to manage on- Site stormwater generation. Sanitary waste, generated only during the Project's Construction Phase, will be properly managed and disposed via portable restrooms serviced by the Project's construction contractor. P. Whether the natural characteristics of the site are such that the proposed use may be introduced there without undue disturbance or disruption of important natural features, systems or processes and without risk of pollution to groundwater and surface waters on and off the site. The Project is being engineered to minimize/mitigate impacts to the natural characteristics of the existing Site. This includes maintaining the Site's existing natural topography to the greatest extent possible; supplementing the Site's existing drainage characteristics; working with NYSDEC and the Town regarding the mapped NYSDEC wetland buffer; and ensuring that the Project will not impact those species and communities identified in the New York Natural Heritage Program's (NYNHP) August 26, 2020.response letter. �1 DocuSign Envelope ID 2219DCA5-07F5-4920-AAF9-1, MHA45 FORM NO DEC 18 2020 TOWN OF SOUTHOLD BUILDING DEPARTNIENT Torn Clerk's Office Southold,N.Y. Certificate Of Occupancy No. 21.1582.......... Date ......... April.5................ 19 83. THIS CERTIFIES that the building ..:............................................. Location of Property . 69430 & 69.410 Main Road Greenport - -.... - . ..... ........... House No. Street Hamlet County Tax.Map No. 1000 Section ,-045 ..,_,,Block 05...........Lot ,. 001 conforms substantially to the 14r�Si�dl}i�iK$1U�tcTi14�}j' Xri{ 7¢ ]f�Igl7fe3CXX{¢ �Ciljfit XXXXXXXXXXXXXXXXXX�3�XXX�u`f �a��J6YuYsfS%��1�i�X�� ��,XXXXXXXXXXXXXXXX;{XX t�d(XXXXXXXXXXXXXXXXXXX$XXX-XX1�XX$�tx�ytiXsyriG, EY�Yi$ c¥�18�2 requirements of the applicable provisions of the law.The occupancy for which this certificate is issued is_.:tFto single non-conforming one-family dwellings in the B Zoned District. The dwelling at 69430 Main Road is a dwelling built before zoning, April, 1957. The second dwelling, now 69410 Main Road, was, by the Zoning Board of Appeals, appeal no. 3084, granted approval of the conversion of a garage into the one-family residential structure now existing on the premises,be and hereby is approved subject to the following conditions: (1 ) Any change of use of either or both of the existing buildings shall be subject to conformance with all zoning regulations, and laws subsequently adopted to this decision; and no more than one use shall be per- mitted upon the premises except as permitted by this variance (i.e. no business and residential mixed) ; (2) Review by the Suffolk County Planning Commission pursuant to Sections 1323, et seq. of the Suffolk County Charter. i PA The certificate is issued to ..............TNICK..REALTY....... ............................... ..... ' (owner,lessee-cr-remml of the aforesaid building. Suffolk County Department of Hcalth Appro,,al .....n/a : 4 UNDERWRITERS CERTIFICATE NO. ............n/a_, .,.• ............ ............. .. 1 ✓�i /. . W t Si Building Inspector i I DocuSign Envelope ID.2219DCA5-07F54920-AAF9-I; =B388A45 yj*� FORM NO.4 TOWN OF SOUTHOLD I)EC 18 2020 BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold,N.Y. - - - Certificate Of Occupancy No: .210,$94. . . . Date . . . .. . .Fe,bru.ary. ,2.6 . . . . . . . . .. . .. 19 .8.2 THIS CERTIFIES that the building .add•i,tion• • . .. . . . .. ... . . . . . . . . .. . . . . . .. . . . . . . . . Locationof Property ,6.9.430. . . . . . . . . . . . .S,tate, Road 2 . . Greenport House No. Street Hamlet County Tax Map No. 1000 Section . 0.4.5 . . . , . . ,Block . . . .Q5 . . . . . . . . .Lot . . 00 . . . . . . . . .. . Subdivision . . . X. . . . . . . . . . . . . . . . .. . . . . . . . . .Filed Map No. . X.. . . . .Lot No. . . . . . . . . . . . . conforms substantially to the Application for Building Permit heretofore filed in this office dated . . .Octaber..1.9 . . . . . , 198-1.pursuant to which Building Permit No. . ,1.1444. .Z. . . . . . . .. . . dated . . .N ovaniber. .2 . . . . . . . . . . . . . 19$1. ,was issued,and conforms to all of the requirements of the applicable provisions of the law.The occupancy for which this certificate is issued is ... . . . . . . . . .a. UuDOrx.rpgm.4ddition ,to, Aq.exigti g .dwelling. The certificate is issued to . . . . . . Patnick Realty: Inc . . . . . . . . . . . . . . . of the aforesaid building. Suffolk County Department of Health Approval . . . . . . . ni.r. . . . . . . . .. . . . . . . . . . . . . . . . . . , . UNDERWRITERS CERTIFICATE NO. . . . . . . . . N. .5,51254 Building Inspector Rev.1/81 -- � �DocuSign Envelope ID:2219DCA5-07F5-4920-AAF9- E6388A45 - FORM NO. 4 DEC 1 2020 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. CERTIFICATE OF OCCUPANCY No: Z-25633 Date: 04/10/98 THIS CERTIFIES that the building ACCESSORY Location of Property: 69430 MAIN ROAD/ROUTE 25 GREENPORT (HOUSE NO.) (STREET) (HAMLET) County Tax Map No. 473889 Section 45 Block 5 Lot 1 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated NOVEMBER 29, 1984 pursuant to which Building Permit No. 13607-Z dated DECEMBER 4, 1984 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued i is RECONSTRUCT REMAINING PORTION OF BUILDING DESTROYED BY FIRE FOR STORAGE SHED. The certificate is issued to ROBERT & KAREN KOWALSKI (OWNER) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A ELECTRICAL CERTIFICATE NO. N/A PLUMBERS CERTIFICATION DATED N/A Buildi g inspe or Rev. 1/81 �I GEN-TIE TO .I SOUTHOLD SUBSTATION LAND USE OR COVERTYPE CURRENT PROPOSED CHANGE (FEEDER#8J) (ACRE) (ACRE) (ACRES ria ROADS,BUILDINGS,AND OTHER PAVED OR d ROAD(TYP) S ,7 IMPERVIOUS SURFACES 0.15 0 97 0 Bl ROAD(fYP) • 'r"s' FORESTED 0.354 0.16 -0.18 MEADOWS,GRASSLANDS OR BRUSHLANDS (NON-AGRICULTURAL,INCLUDING ABANDONED AGRICULTURAL) 1.41 07 -063 w�= SWITCHGEAR CATION! ,� 5 AGRICULTURAL INCLUDES ACTIVE PROJECT ai' ORCHARDS,FIELD,GREENHOUSE ETC.) 0.00 0.00 0.00 ENTRY-GATE 100'NYSDEC WETLAND SURFACE WATER FEATURES LAKES,PONDS, 10'SETBACK INVERTER(fYP) " BUFFER(TYP) STREAMS,RIVERS,ETC) 000 000 000C WETLANDS(FRESHWATER TIDAL) 010 010 000 BATTERY CONTAINER(TYP) NON-VEGETATED BARE ROCK,EARTH OR FENCE LINE(TYP) NYSDEC WETLAND(TYP) FILL) 0.00 000 0.00 PROJECT BOUNDARY(TYP) .......OEABLE HALL DRIVE 000 0 00 0 00 TOTALS1 2.02 2.02 0. u 25SETBACK BUFFER CURRENT PROPOSED CHANGE 10'NYBDEC AVOIDANCE of coverage percent 7.147 9 40.4 PROJECT ENTRY 8 GATE •� 10'SETSACK j N 25'SETBACK NSTGu SCnLE Rr a C-001 PROJECT OVERVIEW gen S'A V 1 0 N SUFFOLK COUNTY STORAGE II BAVIGN ENERGY IVJ1319 CRY.N 011® surrouc NEWYGIUf T"'c0P"'°"m°"r'�x�s0i1 i° u+si rm EmW OUTmxllm w.q smr 1a 2 pftvmMr+v0--,.uc,xyu,.,nm,me Bibb Melia mea M INTEANN.ONLY nnm•amom 0>mc�na01m0Y^e NOTFORCONSTRUOnON � C W oyr -___, _ \ 41' f� o h ' .— GEN-TIETO i SOUTHOLD LAND USE OR COVERTYPE CURRENT PROPOSED CHANGE SUBSTATION ��•�\ i (FEEDER N8J) (ACRE) (ACRE) (ACHES �h ROADS,BUILDINGS,AND OTHER PAVED OR 020-WIDEACCESS IMPERVIOUS SURFACES 0153 0.97C 0Bl ' ROAD(TYP) FORESTED 0354 016 -0 18 MEADOWS,GRASSLANDS OR BRUSHLANDS (NON-AGRICULTURAL,INCLUDING ABANDONED AGRICULTURAL) I 41C 077 -063 ' -- OHT J/_PROJECT SUBSTATION/ AGRICULTURAL INCLUDES ACTIVE PROJECT— _ SWITCHGEAR ORCHARDS,FIELD,GREENHOUSE ETC) 0001 000 000 ENTRY&GAY��' `�� ®� SURFACE WATER FEATURES LAKES,PONDS, INVERTER(TY10'SETBACK BUFFER(TYP00'NYSDEC WETLAND STREAMS,RIVERS,ETC) 000 0 00 000 HWA7ER OR TIDAL) 0.10 010 000BATTERY CONTAINER(T \ / NON-VEGETATED BARE ROCK,EARTH OR FENCE LINE(T \ \ FILL) 0 00 000 0 00NYSDEC WETLAND TYP T ER PERMEABL HA LDRIVE APROJECT BOUNDARY(T � � / ( ) 0 00 000 0 00 TOTALS 2 0 202 0 0025'SECURRENT PROPOSEercent 7,4 47.9 40.4 10'NYSDEC AVOIDANCEBUFFER PROJECT ENTRY&GATE 10'SETBACK—� - j , ^ N S \—25'SETBACK - 81 Vv SCPLE �� C-002 PROJECT OVERVIEW B&W ynx SUFFOLK COUNTY STORAGE II ' WON ENENOY M0&109 CNYcR 00U.1. muNRruxa -- -- 14W&l9eOFFOLK -y.. TYa COVAk0Y0 mWNIdh Cmfdd'tlo10"J AN9I FWI BImOB Z FmpMmy m9eNm LLC MY wvNIMm9 ll>00%ItAO lruilwl 91w1 aI 0 w mW o glommoMlry ncmla wcF..m; _ OJmem9W4eMtCypMtlm9 mm 4�0e ONLY UC NOT FOR CONSTRUCTION MAIN ROAD SITE Q 151. 9' 149.07' 0 1 "E N45• '40"E 9] 9 91 Y 648+ 87 9 93 4 99 ATLAS LOCATION (N.T S 1 U ApPR02,FIDODZDNE LINE FLOODZON60 W 50 Z X-O 2% IaP90><ELDOD _ o 1O O0 W FLOODZONE I t FLOODZONE �A AE-G 99 x X00 I 9 _ r p n p vI o, /_'_/ I ® LEGEND -WOODS LINE FF-125 I 0 -WEIIAND FLAGGING BLDG __ _ —10--EXISRNG CONTOURS 1107 w IB 4 -SPOT ELEVATION 00 o� SHED los 104 / 108 J / � P FLOODZONE _ 96 / 19B / / X n7cs SUFFOLK COUNTY ENERGY 4 STORAGE II,LLC o\ EXISTING CONDITIONS PLAN, WOODS LINE �0 / �o ``�S TM#10 0-45 05 SCTM#1000-45-OS-01 114 ____730000 541'04'10"W Ncio�9oa�OOIJaS TM OF59SWRIOLD 390813 PANEL 1 VLOODZONE/ Sun N a MM 9/75/2009 By S ®0® X / [SEAL]Robert W B own,L S Llc#49128 0'�'ID Rk I DocuSign Envelope ID.2219DCA5-07F54920-AAF9-I, ,'EB388A45 ��1D3 u�l Environmental Assessment Form Part 1-Project and Setting r y Instructions for Completing Part 1 DEC 18 2020 Part 1 is to be completed by the applicant or project sponsor. Responses become part of the application for approval or funding, are subject to public review,and may be subject to further verification. Complete Part I based on information currently available. If additional research or investigation would be needed to fully respond to any item,please answer as thoroughly as possible based on current information;indicate whether missing information does not exist, or is not reasonably available to the sponsor;and,when possible,generally describe work or studies which would be necessary to update or fully develop that information. Applicants/sponsors must complete all items in Sections A&B. In Sections C,D&E,most items contain an initial question that must be answered either"Yes"or"No". If the answer to the initial question is"Yes",complete the sub-questions that follow. If the answer to the initial question is"No",proceed to the next question. Section F allows the project sponsor to identify and attach any additional information. Section G requires the name and signature of the applicant or project sponsor to verify that the information contained in Part 1 is accurate and complete. A.Project and ApplicantlSponsor Information. Name of Action or Project: Suffolk County Energy Storage II Project Location.(describe,and attach a general location map): 69430 Main Road/NY25 Greenport,NY 11944 Brief Description of Proposed Action(include purpose or need): Suffolk County Energy Storage II,LLC,a wholly-owned subsidiary of Savion,LLC,proposes to develop a 79.85MW/69kV LIPA Grid-Connected Battery Energy Storage System(BESS)to be located at 69430 Main Road/NY25 Greenport,NY 11944 that will interconnect to LIPA's existing 8J Southold Substation also located on Main Road/NY25,Greenport The BESS will be capable of powering approximately 28,746 homes for up to 8 hours. The BESS will be charged from'LIPA's 8J Southold Substation during LIPA's daily off-Peak(nighttime)electric demand and be available to LIPA for discharge to LIPA's 8.1 Southold Substation during LIPA's daily peak electric demand periods(mornings and aftemoons/evenings),as well as providing LIPA with other local electric grid services such as frequency and voltage regulation. The proposed BESS consists of Batteries equipped with self-contained battery storage enclosures;HVAC Cooling;Inverters;Control instrumentation;and Interconnection Switchgear,which will serve as the Interconnection interface with LIPA's 8J Southold Substation.The BESS Facility will be unmanned and monitored remotely. Name of Applicant/Sponsor: Telephone:(816)421-9598 Suffolk County Energy Storage,II LLC Go Jason Funk,Dir Permitting&Environmental E-Mail: Munk@savionenergy.com Address:69430 Main Road Greenport City/PO:Greenport State:NY Zip Code:11944 Project Contact(if not same as sponsor;give name and title/role): Telephone: E-Mail: Address: City/PO: State: Zip Code: Property Owner (if not same as sponsor): Telephone: 631-902-5202 JEDI Group,LLC E-Mail:jdmello@mesliny.com Address: 899 Harrison Avenue City/PO: Riverhead State: NY Zip Code:11901 Page 1 of 13 FEAF 2019 DocuSign Envelope ID.2219DCA5-07F5-4920-AAF94 =B388A45 , B.Government Approvals B.Government Approvals,Funding,or Sponsorship. ("Funding"includes grants,loans,tax relief,and any oyo hj�ncial assistance.) Government Entity If Yes:Identify Agency and Approval(s) Application Date, Required (Actual or projected) a.City Counsel,Town Board, ®Yes❑No Town Board-Wetland Approval 4/30/21 or Village Board of Trustees b.City,Town or Village ®Yes❑No Town Planning Board-Site Plan Approval 4/30/21 Planning Board or Commission c.City,Town or ®Yes❑No Town Zoning Board of Appeals-Special 9/15/20 Village Zoning Board of Appeals Exception Permitted Use d.Other local agencies ❑Yes®No e.County agencies ®Yes❑No Dept.of Health—Art.VI,VII,XI I;Water Authority- TBD Fire/Water Connection;Planning Agency Review f.Regional agencies ®Yes❑No LIPA PPA Approval;PSEGLI Interconnection TBD Agreement Approval g.State agencies ®Yes❑No NYSDEC Art.24 Permit;NYSDOT Curb Permit; TBD NYISO interconnection h.Federal agencies ❑Yes®No i. Coastal Resources. i. Is the project site within a Coastal Area,or the waterfront area of a Designated Inland Waterway? ®Yes❑No ii. Is the project site located in a community with an approved Local Waterfront Revitalization Program? ®Yes❑No W. Is the project site within a Coastal Erosion Hazard Area? ®Yes❑No C.Planning and Zoning C.1.Planning and zoning actions. Will administrative or legislative adoption,or amendment of a plan,local law,ordinance,rule or regulation be the ❑Yes®No only approval(s)which must be granted to enable the proposed action to proceed? • If Yes,complete sections C,F and G. • If No,proceed to question C.2 and complete all remaining sections and questions in Part 1 C.2.Adopted land use plans. a.Do any municipally-adopted (city,town,villa4e or county)comprehensive land use plan(s)include the site ®Yes❑No where the proposed action would be located? If Yes,does the comprehensive plan include specific recommendations for the site where the proposed action ❑Yes®No would be located? b.Is the site of the proposed action within any local or regional special planning district(for example:Greenway; ®Yes❑No Brownfield Opportunity Area(BOA);designated State or Federal heritage area;watershed management plan; or other?) If Yes,identify the plan(s): LI North Shore Heritage Area c. Is the proposed action located wholly or partially within an area listed in an adopted municipal open space plan, ❑Yes®No or an adopted municipal farmland protection plan? If Yes,identify the plan(s): Page 2 of 13 1 DocuSign Envelope ID:2219DCA5-07F5-4920-AAF9-DI B388A45 C.3. Zoning QK a. Is the site of the proposed action located in a municipality with an adopted zoning law or ordinancet/�/j�.� Yes❑No If Yes,what is the zoning classification(s)including any applicable overlay district? ``�Y�i��{{ Light Industrial(1-1) b. Is the use permitted or allowed by a special or conditional use permit? DEC 18 2028 ®Yes❑No c.Is a zoning change requested as part of the proposed action? ❑Yes®No If Yes, i. What is the proposed new zoning for the site? CA.Existing community services. a.In what school district is the project site located? Greenport Union Free School District b.What police or other public protection forces serve the project site? Southold Police Department c.Which fire protection and emergency medical services serve the project site? Greenport Fire Department d.What parks serve the project site? Fifth Street Beach&Park Greenport:Mitchel Park"Manna Greenport:Inlet Pond County Park Greenport;Triangle Park,Peconic. D.Project Details D.1.Proposed and Potential Development a.What is the general nature of the proposed action(e.g.,residential,industrial,commercial,recreational;ifmixed,include all components)?Light Industrial-Battery Energy Storage System connected to LIPNs 8J Southold Substation b.a.Total acreage of the site of the proposed action? 2.023 acres b.Total acreage to be physically disturbed? 1.53 acres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? 2.023 acres c.Is the proposed action an expansion of an existing project or use? ❑Yes®No L If Yes,what is the approximate percentage of the proposed expansion and identify the units(e.g.,acres,miles,housing units, square feet)? % Units: d.Is the proposed action a subdivision,or does it include a subdivision? ❑Yes®No If Yes, L Purpose or type of subdivision?(e.g.,residential,industrial,commercial;if mixed,specify types) ii. Is a cluster/conservation layout proposed? ❑Yes❑No iii Number of lots proposed? iv. Minimum and maximum proposed lot sizes? Minimum Maximum e.Will the proposed action be constructed in multiple phases? ❑Yes®No L If No,anticipated period of construction: months ii. If Yes: • Total number of phases anticipated • Anticipated commencement date of phase 1(including demolition) month year • Anticipated completion date of final phase month _Fear • Generally describe connections or relationships among phases,including any contingencies where progress of one phase may determine timing or duration of future phases: Page 3 of 13 DocuSign Envelope ID-2219DCA5-07F54920-AAF9-11' iB388A45 f.Does the project include new residential u-."a.` es®No If Yes,show numbers of units proposed. One Family Two Family Three Family Multiple Family four or more Initial Phase At completion of all phases DEC �02� g.Does,the proposed action include new non-residential construction(including expansions)? ®Yes❑No If Yes, L Total number of structures See attached (dependent on final approved design) U.Dimensions(in feet)of largest proposed structure: 25.0'height; 10.0'width; and 40.0'length iii.Approximate extent of building space to be heated or cooled: 25,600 square feet h.Does the proposed action include construction or other activities that will result in the impoundment of any ❑Yes®No liquids,such as creation of a water supply,reservoir,pond,lake,waste lagoon or other storage? If Yes, L Purpose of the impoundment:At present stormwater is expected to be managed via on site diffusion wells ii. If a water impoundment,the principal source of the water: ❑Ground water❑Surface water streams ❑Other specify: iii. If other than water,identify the type of impounded/contained liquids and their source. iv. Approximate size of the proposed impoundment. Volume: million gallons;surface area: acres v. Dimensions of the proposed dam or impounding structure: height; length vi. Construction method/materials for the proposed dam or impounding structure(e.g.,earth fill,rock,wood,concrete): D.2. Project Operations a.Does the proposed action include any excavation,mining,or dredging,during construction,operations,or both? ❑Yes®No (Not including general site preparation,grading or installation of utilities or foundations where all excavated materials will remain onsite) If Yes: i.What is the purpose of the excavation or dredging? h. How much material(including rock,earth,sediments,etc.)is proposed to be removed from the site? • Volume(specify tons or cubic yards): • Over what duration of time? iii.Describe nature and characteristics of materials to be excavated or dredged,and plans to use,manage or dispose of them. iv. Will there be onsite dewatering or processing of excavated materials? ❑Yes❑No If yes,describe. v.What is the total area to be dredged or excavated? acres vi. What is the maximum area to be worked at any one time? acres vii. What would be the maximum depth of excavation or dredging? feet viii. Will the excavation require blasting? '❑Yes❑No ix. Summarize site reclamation goals and plan: b.Would the proposed action cause or result in alteration of,increase or decrease in size of,or encroachment ®Yes❑No into any existing wetland,waterbody,shoreline,beach or adjacent area? If Yes: L Identify the wetland or waterbody which would be affected(by name,water index number,wetland map number or geographic description):The Project Site contains a portion of NYSDEC Wetland SO-35 and the associated 100-foot adjacent area. As proposed,the prosect will impact only adjacent area and remain at least 10'feet from the wetland itself per NYSDEC request. Page 4 of 13 DocuSign Envelope ID:2219DCA5-07F5-4920-AAF9-f=^-EB388A45 ii.Describe how the proposed action wou bet that waterbody or wetland,e.g.excavation, placement of structures,or alteration of channels,banks and shorelines. Indicate extent of activities,alterations and additions in square feet or acres: The Proiect will result in the development of an already cleared portion of the regulated 100 year adjacent area contiguous to the' NYSDEC-delineated wetland in accordance with a NYSDEC Article 24 Permit to be obtained. Project will be sited at least 10 feet from wetland itself per NYSDEC request. iii.Will the proposed action cause or result in disturbance to bottom sediments? ' ❑Yes®No If Yes,describe: iv. Will the proposed action cause or result in the destruction or removal of aquatic vegetation? ❑Yes®No If Yes: • acres of aquatic vegetation proposed to be removed: DEC 10 2020 • expected acreage of aquatic vegetation remaining after project completion: • purpose of proposed removal(e.g.beach clearing,invasive species control,boat access): • proposed method of plant removal: • if chemical/herbicide treatment will be used,specify product(s): v.Describe any proposed reclamation/mitigation following disturbance: c.Will the proposed action use,or create a new demand for water? ❑Yes 0,4o If Yes: r. Total anticipated water usage/demand per day: gallons/day ii. Will the proposed action obtain water from an existing public water supply? t]Yes❑No If Yes: • Name of district or service area: • Does the existing public water supply have capacity to serve the proposal? ❑Yes❑No • Is the project site in the existing district? ❑Yes❑No • Is expansion of the district needed? ❑Yes❑No • Do existing lines serve the project site? ❑Yes❑No X. Will line extension within an existing district be necessary to supply the project? ❑YesONo If Yes: • Describe extensions or capacity expansions proposed to serve this project: • Source(s)of supply for the district: iv. Is a new water supply district or service area proposed to be formed to serve the project site? ❑Yes❑No If,Yes: • Applicant/sponsor for new district: • Date application submitted or anticipated: • Proposed source(s)of supply for new district: v. If a public water supply will not be used,describe plans to provide water supply for the project: vi.If water supply will be from wells(public or private),what is the maximum pumping capacity: gallons/minute. d.Will the proposed action generate liquid wastes? ❑Yes®No If Yes: L Total anticipated liquid waste generation per day: gallons/day ii.Nature of liquid wastes to be generated(e.g.,sanitary wastewater,industrial;if combination,describe all components and approximate volumes or proportions of each): iii. Will the proposed action use any existing public wastewater treatment facilities? ❑Yes❑No If Yes: • Name of wastewater treatment plant to be used: • Name of'district: • Does the existing wastewater treatment plant have capacity to serve the project? ❑Yes❑No • Is the project site in the existing district? []Yes[]No • Is expansion of the district needed? ❑Yes❑No Page 5 of 13 DocuSign Envelope ID.2219DCA5-07F5-4920-AAF9-DI; -,3388A45 • Do existing sewer lines serve the project site? Yes❑No • Will a line extension within an.existing district be necessary to serve the project? -�...w-. ❑Yes❑No If Yes: • Describe extensions or capacity expansions proposed to serve this project: LJF-U 182020 '! i I I iv. Will a new wastewater(sewage)treatment district be formed to serve the project site? ❑Yes❑No k i If Yes: Zor,,i • Applicant/sponsor for new district: ---_-- --- _-- • Date application submitted or anticipated: • What is the receiving water for the wastewater discharge? v. If public facilities will not be used,describe plans to provide wastewater treatment,for the project,including specifying proposed receiving water(name and classification if surface discharge or describe subsurface disposal plans): vi. Describe any plans or designs to capture,recycle or reuse liquid waste: e.Will the proposed action disturb more than one acre and create stormwater runoff,either from new point ®Yes❑No sources(i.e.ditches,pipes,swales,curbs,gutters or other concentrated flows of stormwater)or non-point source(i.e.sheet flow)during construction or post construction? If Yes: i How much impervious surface will the project create in relation to total size of project parcel? Square feet or 0.970 acres(impervious surface) Square feet or 2.07 acres(parcel size) ii. Describe types of new point sources.Engineered and constructed Swales collecting and directing on-Site stormwater to on-Site subsurface Diffusion Wells. iii. Where will the stormwater runoff be directed(i.e.on-site stormwater management facility/structures,adjacent properties, groundwater,on-site surface water or off-site surface waters)? Stormwater generated within the Projects developed area will be directed to on-Site Groundwater via new subsurface diffusion wells Stormwater generated with the existing-to-remain undeveloped area will continued to naturally flow to existing on-Site Surface Waters(Wetland and-or Pond). • If to surface waters,identify receiving water bodies or wetlands: t • Will stormwater runoff flow to adjacent properties? ❑Yes®No iv. Does the proposed plan minimize impervious surfaces,use pervious materials or collect and re-use stormwater? ®Yes❑No f. Does the proposed action include,or will it use on-site,one,or more sources of air emissions,including fuel ❑Yes®No combustion,waste incineration,or other processes or operations? If Yes,identify: i.Mobile sources during project operations(e.g.,heavy equipment,fleet or delivery vehicles) U. Stationary sources during construction(e.g.,power generation,structural heating,batch plant,crushers) X. Stationary sources during operations(e.g.,process emissions,large boilers,electric generation) g.Will any air emission sources named in D.2.f(above),require a NY State Air Registration,Air Facility Permit, ❑Yes®No or Federal Clean Air Act Title IV or Title V Permit? If Yes: L Is the'project site located in an,Air quality non-attainment area? (Area routinely or periodically fails to meet ❑Yes❑No ambient air quality standards for all or some parts of the year) U.In addition to emissions as calculated in the application,the project will generate: • Tons/year(short tons)of Carbon Dioxide(CO2) • Tons/year(short tons)of Nitrous Oxide(N2O) • Tons/year(short tons)of Perfluorocarbons(PFCs) • Tons/year(short tons)of Sulfur Hexafluoride(SF6) • Tons/year(short tons)of Carbon Dioxide equivalent of Hydroflourocarbons(I-IFCs) • Tons/year(short tons)of Hazardous Air Pollutants(HAPS) Page 6 of 13 DocuSign Envelope ID-2219DCA5-07F5.4920-AAF9•--")EB388A45 26 h. Will the proposed action generate or em,, `thane(including,but not limited to,sewage tree it plant#Jwd oYAMNo landfills,composting facilities)? If Yes: _ i. Estimate methane generation in tons/year(metric): ii.Describe any methane capture,control or elimination measures included in project desic on to generate heat or electricity,flaring): U CI '� � i.Will the proposed action result in the release of air pollutants from open-air operations or processes,such as, ❑Yes®No quarry or landfill operations? If Yes:Describe operations and nature of emissions(e.g.,diesel exhaust,rock particulates/dust): j.Will the proposed action result in a substantial increase in traffic above present levels or generate substantial E]Yes®No new demand for transportation facilities or services? If Yes: i. When is the peak traffic expected(Check all that apply): ❑Morning ❑Evening ❑Weekend ❑Randomly between hours of to n. For commercial activities only,projected number of truck trips/day and type(e.g.,semi trailers and dump trucks): iii.Parking spaces: Existing Proposed Net increase/decrease iv.Does the proposed action include any shared use parking? DYesONo v If the proposed action includes any modification of existing roads,creation of new roads or change in existing access,describe: vi. Are public/private transportation service(s)or facilities available within%mile of the proposed site? E]YesE]No vii Will the proposed action include access to public transportation or accommodations for use of hybrid,electric E]Yes[-]No or other alternative fueled vehicles? viii.Will the proposed action include plans for pedestrian or bicycle accommodations for connections to existing ❑YesONo pedestrian or bicycle routes? , k.Will the proposed action(for commercial or industrial projects only)generate new or additional demand 1]Yes0No for energy? *The Project will not result in additional demand for electricity The Project will draw and discharge electricity from/to LIPA's If Yes: 8J Southold Substation L Estimate annual electricity demand during operation of the proposed action: ii. Anticipated sources/suppliers of electricity for the project(e.g.,on-site combustion,on-site renewable,via grid/local utility,or other): hL Will the proposed action require a new,or an upgrade,to an existing substation? ❑YesONo 1.Hours of operation. Answer all items which apply. i. During Construction: ii. During Operations: • Monday-Friday: 7.00am to 6:00pm • Monday-Friday: 24 hours/day,7 days/week • Saturday: None Planned* • Saturday: 24 hours/day,7 days/week • Sunday: None Planned* • Sunday. -24 hours/day,7 days/week • Holidays: None Planned* • Holidays: 24 hours/day,7 daystweek *Unless special circumstances arise to support construction Applicant would request approval from the Town in advance Page 7 of 13 DocuSign Envelope ID.2219DCA5-07F54920-AAF9-C' B388A45 m.Will the proposed action produce noise tl ill exceed existing ambient noise levels during ruction_, ®Yes❑No operation,or both? If yes: i. Provide details including sources,time of day and duration: 1" `� DEC ZGZO Construction noise will be temporary localized and limited to the hours of construction Predicted noise levels from Project operation(transformers/HVAC systems)are not expected to exceed the Town's Noise Code§180-6 and the Project will provide predicted sound modeling analysis once completed d. Will the proposed action remove existing natural barriers that could act as a noise barrier or screen9 - ❑Yes ONo Describe:Existing roadside natural barrier of mature deciduous trees will be enhanced with added evergreens. n.Will the proposed action have outdoor lighting? ®Yes❑No If yes: i. Describe source(s),location(s),height of fixture(s),direction/aim,and proximity to nearest occupied structures: Dark-sky compliant security fixtures will be installed within the Project Site. The lighting system will only activate during an emergency or security threat. ii. Will proposed action remove existing natural barriers that could act as a light barrier or screen? ❑Yes®No Describe:Existing roadside natural barrier of mature deciduous trees will be enhanced with added evergreens. o.Does the proposed action have the potential to produce odors for more than one hour per day? ❑Yes ONo If Yes,describe possible sources,potential frequency and duration of odor emissions,and proximity to nearest occupied structures: p.Will the proposed action include any bulk storage of petroleum(combined capacity of over 1,100 gallons) ❑Yes®No or chemical products 185 gallons in above ground storage or any amount in underground storage? If Yes: i. Product(s)to be stored ii. Volume(s) per unit time (e.g.,month,year) iii. Generally,describe the proposed storage facilities: q.Will the proposed action(commercial,industrial and recreational projects only)use pesticides(i.e.,herbicides, ❑Yes ®No insecticides)during construction or operation? If Yes: t. Describe proposed treatment(s): ii Will the Pr02osed action use Integrated Pest Management Practices? ❑ Yes ❑No r.Will the proposed action(commercial or industrial projects only)involve or require the management or disposal ® Yes []No of solid waste(excluding hazardous materials)? If Yes: i. Describe any solid waste(s)to be generated during construction or operation of the facility: • Construction: Equipment shipping wrap tons per Unknown/TBD (unit of time) • Operation: None expected tons per (unit of time) ii. Describe any proposals for on-site minimization,recycling or reuse of materials to avoid disposal as solid waste: • Construction:The Project's Construction Contractor will be responsible for proper management and disposal of any/all solid waste generated duringi construction wastes will be managedn accordance with all applicable e a ry requirements. • Operation: Solid waste is not expected to be generated during operations Batteries will be recycled at the end of their useful life at an appropriately licensed facility. iii Proposed disposal methods/facilities for solid waste generated on-site: • Construction:The Project's Construction Contractor will be responsible for proper management and disposal of any/all solid waste generated during construction All construction wastes will be managed in accordance with all applicable regulatory requirements. • Operation: Solid waste is not expected to be generated during operations.Batteries will be recycled at the end of their useful life at an appropriately licensed facility. Page 8 of 13 DocuSign Envelope ID-2219DCA5-07F54920-AAF9-D 6388A45 s.Does the proposed action include construction or modification of a solid waste management faun ffy? Yes®No If Yes: 1J /II I L Type of management or handling of waste proposed for the site(e.g.,recycling or transfer station,com ostmg;Nand iti ,or other disposal activities): ii. Anticipated rate of disposal/processing: — - • Tons/month,if transfer or other non-combustion/thermal treatment,or • Tons/hour,if combustion or thermal treatment id If landfill,anticipated site life: years DEC 10 2020 t.Will the proposed action at the site involve the commercial generation,treatment,storage,or disposal of hazardous❑Yes®No waste? If Yes: i.Name(s)of all hazardous wastes or constituents to be generated,handled or managed at facility: ii. Generally describe processes or activities involving hazardous wastes or constituents: iii. Specify amount to be handled or generated tons/month iv. Describe any proposals for on-site minimization,recycling or reuse of hazardous constituents: v. Will any hazardous wastes be disposed at an existing offsite hazardous waste facility? ❑Yes❑No If Yes:provide name and location of facility: If No:describe proposed management of any hazardous wastes which will not be sent to a hazardous waste facility: E.Site and Setting of Proposed Action E.1.Land uses on and surrounding the project site a.Existing land uses. i. Check all uses that occur on,adjoining and near the project site. ❑ Urban ® Industrial ® Commercial ® Residential(suburban) ® Rural(non-farm) ® Forest ® Agriculture ® Aquatic ❑ Other(specify): ii. If mix of uses,generally describe: b.Land uses and covertypes on the project site. Land use or Current Acreage After Change Covertype Acreage Project Completion (Acres+/-) • Roads,buildings,and other paved or impervious 0 151 0.970 +0.818 surfaces • Forested 0.354 0.168 -0.186 • Meadows,grasslands or brushlands(non- 1.410 0.777 -0632 agricultural,including abandoned agricultural) • Agricultural 0.00 0.00 0.00 (includes active orchards,field,greenhouse etc.)- • Surface water features 0.00 0.00 0.00 (lakes,ponds,streams,rivers,etc.) • Wetlands(freshwater or tidal) 0.108 0.108 0.00 • Non-vegetated(bare rock,earth or fill) 0.00 0/00 0.00 • Other Describe: 0.00 0.00 0.00 Page 9 of 13 DocuSign Envelope ID:221913CA5-07175-4920-AAF9-0 13388A45 c.Is the project site presently used by members of the community for public recreation? ❑Yes®No i. If Yes:explain: d.Are there any facilities serving children,the elderly,people with disabilities(e.g.,schools,hospitals,licensed ❑Yes®No day care centers,or group homes)within 1500 feet of the project site? If Yes, L Identify Facilities: DEC18 2020 e.Does the project site contain an existing dam? ❑Yes®No If Yes: L Dimensions of the dam and impoundment: • Dam height: feet • Dam length: feet • Surface area: acres • Volume impounded: gallons OR acre-feet ii. Dam's existing hazard classification: X. Provide date and summarize results of last inspection: f.Has the project site ever been used as a municipal,commercial or industrial solid waste management facility, ❑Yes®No or does the project site adjoin property which is now,or was at one time,used as a solid waste management facility? If Yes: L Has the facility been formally closed? ❑Yes❑No • If yes,cite sources/documentation: ii. Describe the location of the project site relative to the boundaries of the solid waste management facility: W. Describe any development constraints due to the prior solid waste activities: g.Have hazardous wastes been generated,treated and/or disposed of at the site,or does the project site adjoin ❑Yes®No property which is now or was at one time used to commercially treat,store and/or dispose of hazardous waste? If Yes: L Describe waste(s)handled and waste management activities,including approximate time when activities occurred: h. Potential contamination history. Has there been a reported spill at the proposed project site,or have any ❑Yes®No remedial actions been conducted at or adjacent to the proposed site? If Yes: L Is any portion of the site listed on the NYSDEC Spills Incidents database or Environmental Site ❑Yes❑No Remediation database? Check all that apply: ❑ Yes—Spills Incidents database Provide DEC ID number(s): ❑ Yes—Environmental Site Remediation database Provide DEC ID number(s): ❑ Neither database ii. If site has been subject of RCRA corrective activities,describe control measures: iii. Is the project within 2000 feet of any site in the NYSDEC Environmental Site Remediation database? ❑Yes®No If yes,provide DEC ID number(s): iv. If yes to(i),(ii)or(iii)above,describe current status of site(s): Page 10 of 13 DocuSign Envelope ID.2219DCA5-07F54920-AAF9-E 13388A45 e v. Is the project site subject to an institutional control limiting property uses? Yes®No • If yes,DEC site ID number: • Describe the type of institutional control(e.g.,deed restriction or easement): • Describe any use limitations: • Describe any engineering controls: DEC i a 2020 • Will the project affect the institutional or engineering controls in place? ❑Yes❑No • Explain: E.2. Natural Resources On or Near Project Site a.What is the average depth to bedrock on the project site? —500 feet b.Are there bedrock outcroppings on the project site? ❑Yes®No If Yes,what proportion of the site is comprised of bedrock outcroppings? % c.Predominant soil type(s)present on project site: Ca(Candice Silt Loam) 94% Ha(Haven Loam) 6% d.What is the average depth to the water table on the project site? Average: 2-3 feet e.Drainage status of project site soils:[] Well Drained: %of site ❑ Moderately Well Drained: %of site ® Poorly Drained 100%of site f.Approximate proportion of proposed action site with slopes: ® 0-10%: 100 %of site ❑ 10-15%: %of site ❑ 15%or greater: %of site g.Are there any unique geologic features on the project site? ❑Yes®No If Yes,describe: h.Surface water features. i.Does any portion of the project site contain wetlands or other waterbodies(including streams,rivers, ®Yes❑No ponds or lakes)? H. Do any wetlands or other waterbodies adjoin the project site? ®Yes❑No If Yes to either i or ii,continue. If No,skip to E.21 iii. Are any of the wetlands or waterbodies within or adjoining the project site regulated by any federal, ®Yes❑No state or local agency? iv.For each identified regulated wetland and waterbody on the project site,provide the following information: • Streams: Name Classification • Lakes or Ponds: Name Classification • Wetlands: Name Federal/NYSDEC identified wetlands Approximate Size 0.39 acres/1 4 acres • Wetland No.(if regulated by DEC) So-35 v Are any of the above water bodies listed in the most recent compilation of NYS water quality-impaired ❑Yes®No waterbodies? If yes,name of impaired water body/bodies and basis for listing as impaired: i.Is the project site in a designated Floodway? ❑Yes®No j. Is the project site in the 100-year Floodplain? ❑Yes®No k.Is the project site in the 500-year Floodplain? ®Yes[]No 1.Is the project site located over,or immediately adjoining,a primary,principal or sole source aquifer? ®Yes❑No If Yes: i.Name of aquifer:Nassau-Suffolk Sole Source Aquifer(SSA) Page 11 of 13 i DocuSign Envelope ID.2219DCA5-07F5-4920-AAF9-D 6388A45 in. Identify the predominant wildlife specieb«,aL occupy or use the project site: Deer !Rabbit Turkey Squirrel Grouse Mommg Dove J Fox 'Eagle Osprey n.Does the project site contain a designated significant natural community? ❑Yes®No If Yes: i. Describe the habitat/community(composition,function,and basis for designation): Two natural communities are located in the vicinity of the Project Site-Coastal Oak Hickory Forest Red Maple-Swamp White Oak Swamp(01 miles) ii. Source(s)of description or evaluation: NYNHP response(attached) DEC 1 9 2n20 W. Extent of community/habitat: • Currently: 0 acres • Following completion of project as proposed: 0 acres • Gain or loss(indicate+or-): 0 acres o.Does project site contain any species of plant or animal that is listed by the federal government or NYS as ®Yes❑No endangered or threatened,or does it contain any areas identified as habitat for an endangered or threatened species? If Yes: i Species and listing(endangered or threatened): Based on a review of the NYSDEC Environmental Mapper and EAF Mapper,the Site is within the vicinity of RT&E species The Applicant has received the attached NYNHP review letter regarding species known to occur on or near the Project Site and is in the process of reviewing listed species and submitting for DF .review to be sure RT&E species will not be impacted through site design Correspondence will he he nrovid d once Concurrence is r r p. Does the project site contain any species of plant or animal that is listed by NYS as rare,or as a species of ®Yes❑No special concern? If Yes: i. Species and listing: See above and attached regarding map RT&E species within the vicinity of the project q.Is the project site or adjoining area currently used for hunting,trapping,fishing or shell fishing? ❑YesoNo If yes,give a brief description of how the proposed action may affect that use: d E.3. Designated Public Resources On or Near Project Site a.Is the project site,or any portion of it,located in a designated agricultural district certified pursuant to ❑Yes®No Agriculture and Markets Law,Article 25-AA,Section 303 and 304? If Yes, provide county plus district name/number: b.Are agricultural lands consisting of highly productive soils present? ❑Yes®No i. If Yes:acreage(s)on project site? ii. Source(s)of soil rating(s): c. Does the project site contain all or part of,or is it substantially contiguous to,a registered National ❑Yes®No Natural Landmark? If Yes: i. Nature ofthe natural landmark: ❑Biological Community ❑ Geological Feature ii. Provide brief description of landmark,including values behind designation and approximate size/extent: d.Is the project site located in or does it adjoin a state listed Critical Environmental Area? ❑Yes®No If Yes: i. CEA name: H. Basis for designation: hi. Designating agency and date: Page 12 of 13 DocuSign Envelope ID:2219DCA5-07F5-4920-AAF9-1—- E13388A45 e.Does the project site contain,or is it sub! ally contiguous to,a building,archaeological si. district ❑Yes®No which is listed on the National or State Register of Historic Places,or that has been determined by the Commissioner of the NYS Office of Parks,Recreation and Historic Preservation to be eligible for listing on the State Regist st i es? If Yes: N i.Nature of historic/archaeological resource: El Archaeological Site ❑Historic Building or District t' ii.Name: iii. Brief description of attributes on which listing is based: Project has received a"No Impact"determination from ORHP(see attached) f.Is the project site,or any portion of it,located in or adjacent to an area designated as sensitive for ❑Yes®No archaeological sites on the NY State Historic Preservation Office(SHPO)archaeological site inventory? g.Have additional archaeological or historic site(s)or resources been identified on the project site? ❑Yes®No If Yes: i.Describe possible resource(s):Project has received a"No Impact"determination from ORHP(see attached) h Basis for identification: h.Is the project site within fives miles of any officially designated and publicly accessible federal,state,or local ®Yes❑No scenic or aesthetic resource? If Yes: L Identify resource: Elizabeth A.Morton National Wildlife Refuge;Inlet Pond County Park;Cedar Point Count Park;Orient Point County Park ii. Nature of,or basis for,designation(e.g.,established highway overlook,state or local park,state historic trail or scenic byway, etc.):National Wildlife Refuge and County Parks iii.Distance between project and resource: All are less than 5 miles. L Is the project site located within a designated river corridor under the Wild,Scenic and Recreational Rivers ❑Yes®No Program 6 NYCRR 666? If Yes: L Identify the name of the river and its designation: ii. Is the activity consistent with development restrictions contained in 6NYCRR Part 666? ❑Yes❑No F.Additional Information Attach any additional information which may be needed to clarify your project. If you have identified any adverse impacts which could be associated with your proposal,please describe those impacts plus any measures which you propose to avoid or minimize them. G. Verification I certify that the information provided is true to the best of my knowledge. Applicant/Sponsor Name Suffolk County Energy Storage II LLC Date 9/28/2020 Signature .49� Title Authorized person Signature � Title Authorized person PRINT FORM Page 13 of 13 DocuSign Envelope ID:2219DCA5-07F5-4920-AAF9-DF 388A45 ray,N� ✓' �; e f 1h " F '4r ` .'�'' . 4 yi3„''v �1y•� (` ;` I"'f,`,+a:`'s CIA , u {r.. 2 40 ''ag ;»f''`°F` >t. ^e�' 'a • _ `�' jA�y z. � f °�#' .Y' d" ��`>+�F�y,k. F. �. ". �F>'�,� ¢ Nor �'Y�'� <�"�� Wt' , ,� '.�` '+�,gyp• 'St v�d. �, r.�"A'"'f�•r£�,?':y�zx°• x �es`� - �r '�>�a'���,� � � �°�". '�`�.�ar� moi" _ <��i:'r,.�� ,s, VON o- ,,,�; , 'ktat "' 'tea t � ,- ��-•���'_Y"°�^ ,��»�` _ 1rte,, �'��'` .° r _�a .' �� '_ �:Ia `*� • ° '� � ,� .��,', .. ' •, °` ❑ f 'Y}4iE' tt>,1?>�._ ✓x µWw V`r`;�,ar?�sAs,'�t t� °•y:�s�;a'Fr,r "�� 4x,- S`�f.j �' �Wi��` •,y�#s,�, t'. ./� ,- x.• -,1, ',�", r`,. yrs,t x� ',� � " ;,�," ,�'� �x�, '& * ,5""„ ts` - NN LLW "*�R,.�N °�t"@+"„�#>` %�.,n. '''A=�' ? �- ,•„''*rri„- ,<-,:�,y _o-,.( t' .� N$�M,xae Hy ,: Y` W l �», �f flys ����v,�„x � ” �• ry�`e� YY '� '� _ y' ��' y ,y Y`'� _ -”p;r`<L� �n a. - w N a',' `lz �A �� + `a6 "� ,'xi.rig• in wip h .•: ❑> '? .,' -Mw, .f i ;� C 2013 Nat'io�ialsGeogrjapnic Society,i-cubed Legend Suffolk County Energy Storage ll, LLC Critical Issues Assessment Approximate Project Site Boundary 0 1,000 2,000 Feet Figure 1 1 inch= 1,000 feet USGS Map DocuSign Envelope ID:2219DCA5-07F54920-AAF9-DI 3388A45 �a 0 a 0 b m N N 5 U QW K F- Y K W w ry �m ti0 Y �v� J LL LL N p� Ol LU Albertson Ln s Ne Pipe IrNeck Rd ��Rd g 0 0 m o � gid. •ourEe:E-sn Di i a1�lob •E - rth ar eo r i• '- / r u o D•, �=•D er �ID. IGN., n t e �I r • unity NAUF Legend /Oiyl/Suffolk County Energy Storage 11, LLC Critical Issues Assessment QApproximate Project S&oundary DEC 18 2M o soo t'OFeet Figure 2 1 inch = 500 feet Site Aerial Map DocuSign Envelope ID:2219DCA5-07F5-4920-AAF9-[},, `=B388A45 STATE OF K Parks,Recreation, °POP'u"" and Historic Preservation � 356 ANDREW M.CUOMO ERIK KULLESEID Governor Commissioner August 06, 2020 DEC 1 '8 2020 Jason Funk Director Permitting &Environmental Savion Energy 104 Parsons Lane Newtown, PA 18940 Re: SEQRA Suffolk County II Energy Storage, LLC 69430 Main Rd, Greenport, NY 11944 20PRO4773 Dear Jason Funk: Thank you for requesting the comments of the Office of Parks, Recreation and Historic Preservation (OPRHP). We have reviewed the project in accordance with the New York State Historic Preservation Act of 1980 (Section 14.09 of the New York Parks, Recreation and Historic Preservation Law). These comments are those of the OPRHP and relate only to Historic/Cultural resources. They do not include potential environmental impacts to New York State Parkland that may be involved in or near your project. Such impacts must be considered as part of the environmental review of the project pursuant to the State Environmental Quality Review Act(New York Environmental Conservation Law Article 8)and its implementing regulations (6 NYCRR Part 617). Based upon this review, it is the opinion of OPRHP that no properties, including archaeological and/or historic resources, listed in or eligible-for the New York State and National Registers of Historic Places will be impacted by this project. If further correspondence is required regarding this project, please be sure to refer to the OPRHP Project Review(PR) number noted above. Sincerely, R. Daniel Mackay Deputy Commissioner for Historic Preservation Division for Historic Preservation Division for Historic Preservation P.O.Box 189,Waterford,New York 12188-0189•(518)237-8643•parks.ny.gov DocuSign Envelope ID:2219DCA5-071754920-AAF9-C" :B388A45 / NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Division of Fish and Wildlife,New York Natural Heritage program DEC 18 2020 625 Broadway,Fifth Floor,Albany,NY 12233-4757 R(518)'442-89351 F;(518),402=8925 m deC.rpvgov August 26, 2020 Jason Funk Suffolk County II Energy Storage, LLC 104 Parsons Lane Newtown, PA 18940 Re: Suffolk County II Energy Storage County: Suffolk Town/City: Southold Dear Mr. Funk: In response to your recent request, we have reviewed the New York Natural Heritage Program database with respect to the above project. Enclosed is a report of rare or state-listed animals and plants, and significant natural communities that our database indicates occur in the vicinity of the project site. For most sites, comprehensive field surveys have not been conducted; the enclosed report only includes records from our database. We cannot provide a definitive statement as to the presence or absence of all rare or state-listed species or significant natural communities. Depending on the nature of the project and the conditions at the project site, further information from on-site surveys or other sources may be required to fully assess impacts on biological resources. The presence of the plants and animals identified in the enclosed report may result in this project requiring additional review or permit conditions. For further guidance, and for information regarding other permits that may be required under state law for regulated areas or activities (e.g., regulated wetlands), please contact the NYS DEC Region 1 Office, Division of Environmental Permits, at dep.r1@dec.ny.gov, (631) 444-0365. Sincerely, dza '6 Nicholas Conrad Information Resources Coordinator eaa New York Natural Heritage Program taA �voka rtmentofJ'De�a Enronmental Cons+ernration DocuSign Envelope ID.2219DCA5-07F54920-AAF9-Df 3388A45 , g New York Natural Heritage Program 1 Report on State-listed Animals J The following state-listed animals have been documente�EC 202 in the vicinity of the project site. The following list includes animals that are listed by NYS as Endangered, Threatened, or Special Concern; and/or that are federally listed. For information about any permit considerations for the project,contact the NYSDEC Region 1 Office, Division of Environmental Permits, at dep.rl@dec.ny.gov,(631)444-0365. The following species have been documented within 0.4 mile of the project site. COMMON NAME SCIENTIFIC NAME NY STATE LISTING FEDERAL LISTING Least Tern Sternula antillarum Threatened 13163 Breeding This report only includes records from the NY Natural Heritage database. If any rare plants or animals are documented during site visits,we request that information on the observations be provided to the New York Natural Heritage Program so that we may update our database. Information about many of the listed animals in New York, including habitat, biology, identification, conservation,and management, are available online in Natural Heritage's Conservation Guides at www.guides.nynhp.org, and from NYSDEC at www.dec.ny.gov/animals/7494.html. 8/26/2020 Page 1 of 1 DocuSign Envelope ID:2219DCA5 07F5-4920-AAF9-D 13388A45 New York Natural Heritage Program \ Report on Rare Animals, Rare Plants, and Significant Natural Communities � s DEC 182020 The following rare plants, rare animals, and significant natural communities have been documented in the vicinity of the project site. We recommend that potential impacts of the proposed project on these species or communities be addressed as part of any environmental assessment or review conducted as part of the planning, permitting and approval process, such as reviews conducted under SEAR. Field surveys of the project site may be necessary to determine whether a species currently occurs at the site, particularly for'sites that are currently undeveloped and may still contain suitable habitat. Final requirements of the project to avoid, minimize, or mitigate potential impacts are determined by the lead permitting agency or the government body approving the project. The plants in this report are listed as Endangered,Threatened, or Rare by New York State,and are a vulnerable natural resource of conservation concern. The animals in this report,while not listed by New York State as Endangered or Threatened, are rare in New York and are of conservation concern. The natural communities in this report are considered significant from a statewide perspective by the NY Natural Heritage Program. Each community is either an example of a community type that is rare in the state, or a high-quality example of a more common community type. By meeting specific, documented criteria,the NY Natural Heritage Program considers these community occurrences to have high ecological and conservation value. COMMONNAME SCIENTIFIC NAME NYSTATE LISTING HERITAGE CONSERVATIONSTATUS The following species and natural communities have been documented within.1 mile of the project site. Swamp Cottonwood Populus heterophylla Threatened Imperiled in NYS Arshamomaque Wetland,north of project site and northwest of Main Street,2012-06-28:The plants are in a forested wetland. Red Maple-Swamp White Oak Swamp Rare Community Type Arshamomaque Wetland,north of project site and northwest of Main Street:The community is a mature,mostly intact swamp with less than 1%exotic plants in a post-agricultural,recovering landscape of upland forest,hardwood swamps, freshwater wetlands,and brackish and estuarine communities. It is small,but may be large for this vegetation association. White-Edged Sedge Carex debilis var. debilis Threatened Imperiled in NYS Arshamomaque Wetland,north of project site and northwest of Main Street,2012-06-26:The plants are in rich,moist woods and a red maple hardwood swamp with numerous streams,wet spots,and trails.The area is quite extensive and diverse. Coastal Oak-Hickory Forest High Quality Occurrence of Uncommon Community Type Moores Woods,north,northeast,and southeast of the project site:A fairly large,mature,uniquely diverse coastal oak- hickory forest with some evidence of past disturbance but few invasive exotic species.This forest forms the core of a recovering,protected landscape surrounded by development. Annual Saltmarsh Aster Symphyotrichum subulatum Threatened Imperiled in NYS var. subulatum Cia Cia Pond,south of project site,just north of Pipes Neck Road,2012-09-27:This site consists of a,small presumably brackish pond adjacent to two roads.A single clump of the rare aster was seen along a small footpath on the southern edge of the pond. 8/26/2020 Page 1 of 3 DocuSign Envelope ID:2219DCA5-07F5-4920-AAF9-C :B388A45 COMMON NAME SCIENTIFIC NAME NYSTATE LISTING HEXE AAA?kIONSTA TUS The following species and natural communities have been documented within.1 mile of the project site.(cont.) Dragonflies and Damselflies - Rambur's Forktail Ischnura rambudi Unlisted Imperiled in NYS Needham's Skimmer Libellula needhami Unlisted Vulnerable in NYS Seaside Dragonlet Erythrodiplax berenice Unlisted Imperiled in NYS Cia Cia Pond,south of project site,just north of Pipes Neck Road,2012-07:Cia Cia Pond pond is shallow with a muddy to mucky substrate,but clear water,with lots of aquatic submerged macrophytes.The pond is bordered by sedges emerging along the shore,then a tall row of Phragmites with some greenbriar.Crabs were observed in the pond,suggesting some brackish content. The following species have been documented within.2 mile of the project site. Dragonflies and Damselflies Four-spotted Pennant Brachymesia gravida Unlisted Critically Imperiled in NYS Needham's Skimmer Libellula needhami Unlisted Vulnerable in NYS Sill Pond,east of project site on Road C near railroad,2012-07-11:Sill Pond is a deep pond with a wooded and shrubby border and containing fish and pickerel weed. Seaside Agalinis Agalinis maritima var. Threatened Imperiled in NYS maritima Pipes Cove,extending to mouth of Moores Drain southeast of project site and to wetlands south of project site on south side of Pipes Neck Road,2012-09-27:The plants are around the upland edge of a salt marsh. The following species have been documented within.3 mile of the project site. Marsh Fern Moth Fagitana littera Unlisted Imperiled in NYS Arshamomaque,northwest of project site,2012-07-12:The moths were captured in a light trap in a shrubby area within a forested wetland and adjacent to a cattail marsh with an open water area. Sea Pink Sabatia stellaris Threatened Imperiled in NYS Along Moores Drain,northeast of project site,200409-15:The plants are in the high salt marsh on the edges of the islands and the perimeter of the marsh under Iva frutescens. Bigelow's Glasswort Salicomia bigelovii Threatened Imperiled in NYS Along Moores Drain,northeast of project site,2012-09-27:The plants occur in the salt marsh in scattered areas that have salt panne. Annual Saltmarsh Aster Symphyotrichum subulatum Threatened Imperiled in NYS var.subulatum Along Moores Drain,northeast of project site,200409-15:The plants are in the high salt marsh. 8/26/2020 Page 2 of 3 DocuSign Envelope ID:2219DCA5-07F5-4920-AAF9-E 'B388A45 = 18 2020 COMMON NAME SCIENTIFIC NAME NY STATE LISTING HERITAGE CONSERVATION STATUS The following species has been documented within.4 mile of the project site. Seaside Plantain Plantago maritima Threatened Imperiled in NYS juncoides Pipes Cove, southeast of project site, 2012-06-29:The plants are scattered in an area of pebbly substrate on the north side of the beach(adjacent to but just above the salt marsh),growing where there is little other vegetation. This report only includes records from the NY Natural Heritage database. For most sites, comprehensive field surveys have not been conducted,and we cannot provide a definitive statement as to the presence or absence of all rare or state-listed species.Depending on the nature of the project and the conditions at the project site, further information from on-site surveys or other sources may be required to fully assess impacts on biological resources. If any rare plants or animals are documented during site visits,we request that information on the observations be provided to the New York Natural Heritage Program so that we may update our database. Information about many of the rare animals and plants in New York,including habitat,biology, identification,conservation,and management, are available online in Natural Heritage's Conservation Guides at www.guides.nynhp.org,from NatureServe Explorer at www.natureserve.org/explorer, and from USDA's Plants Database at http://plants.usda.govliindex.htmi(for plants). Information about many of the natural community types in New York, including identification,dominant and characteristic vegetation, distribution,conservation,and management,is available online in Natural Heritage's Conservation Guides at www.guides.nynhp.org. For descriptions of all community types,go to www.dec.ny.govlanimals/29384.htm1 for Ecological Communities of New York State 8/26/2020 Page 3 of 3 DocuSlgn Envelope ID:2219DCA5 07F5-4920-A; r iFODE6388A45 ; Town of Southold R C _; ,'�D LWRP CONSI.TENCY ASSESSMENT FORM A. INSTRUCTIONS JAN 21 Z C n iin.,q E.r) 1. All applicants for permits* including Town of Southold agencies, shall corn lete`tlus 'CCAF-for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Liw. Tliis assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program.A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area(which includes all of Southold Town). 3. If any question in Section C on this form is answered "yes",then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions,it shall not be undertaken. A copy of the LWRP is available in the following places:online at the Town of Southold's website(southoldtown.northforknet),the Board of Trustees Office,the Planning Department,all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 045.00 05.00 001.000 The Application has been submitted to(check appropriate response): Town Board ® Planning Dept. ® Building Dept. ® Board of Trustees 1. Category of Town of Southold agency action(check appropriate response): (a) Action undertaken directly by Town agency(e.g.capital construction,planning activity,agency regulation,land transaction) (b) Financial assistance(e.g.grant,loan,subsidy) (c) Permit,approval,license,certification: Nature and extent of action: Request Special Exception Permit DocuSignEnvelope lD.2219DCA5-07F5-4920-AE ODEB388A45 Location of action: 69430 Main Road/NY25 Greenport,NY Site acreage: 2.03 Present land use: Residential Present zoning classification: Light Industrial 2. If an application for the proposed action has been filed with the Town of Southold agency,the following information shallbeprovided: (a) Name of applicant: Suffolk County Energy Storage II,LLC (b) Mailing address: 422 Admiral Boulevard,Kansas City.Missouri 64106 (c) Telephone number:Area Code(816)421-9598 (d) Application number,if any: 7463SE-Special Exception Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes❑'`' No❑ If yes, which state or federal agency? Town of Southold ZBA DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III- Policies; Page 2 for evaluation criteria. Yes [] No ❑ Not Applicable The Applicant's proposed BESS Project will maintain local community character through sensitive development of Light Industrial zoned land in manner that minimizes and mitigates impacts otherwise associates with such zoning. The proposed Project will not result in Noise Traffic Discharges or Emissions impacts typically associated Industrial Land Use. Accordingly,the Proposed Project will minimize adverse land redevelopment effects;result in beneficial reuse of the location;and will make efficient use of existing infrastructure as it will interconnect to LIPA's existingnearby 8J Southold Substation. Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III-Policies Pages 3 through 6 for evaluation criteria. 0 Yes Fj No F] Not Applicable The proposed Project will not impact any Town historic or archaeological resources,as no such resources are located within 1-mile of the Project Site.The Project has received a"No Impact" DocuSignEnvelope lD.2219DCA5-07F5-4920-A1 -ODEB388A45 response from the NY Office of Parks Recreation and Historic Preservation noting that"no properties, including archaeological and/or historic resources listed in or eligible for the New York State and National Registers of Historic Places will be impacted bythis project" Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III-Policies Pages 6 through 7 for evaluation criteria ❑x Yes F]No F] Not Applicable The proposed Project will maintain existing visual qualily along Main Road/NY25 as it will be visually screened and buffered with new mature landscaping thereby enhancing the local Main Road/NY25 view shed thereby eliminating the usually high impacts associated with Industrial Land Use that otherwise would be permitted by the subject parcel's industrial zoning_. Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life,structures,and natural resources from flooding and erosion. See LWRP Section III-Policies Pages 8 through 16 for evaluation criteria ❑x Yes F] No F—] Not Applicable With the Project Site located with FEMA FIRM'S Flood Zone Zone X, the proposed Project is outside the both the 100-year and 500-year Floodplains thus minimizing loss of natural resources structures and life from flooding and erosion as nothing in the proposed Project's design or construction would contribute to local erosion or flooding. Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III Policies Pages 16 through 21 for evaluation criteria 0 Yes [] No n Not Applicable The proposed Project will protect local groundwater water quality since 1)Project engineering construction and operation will continue to protect local groundwater as a zero discharge operation, and 2)the Project itself will not require any continued drawdown of the local groundwater aquifer as it is not water dependent in any manner whatsoever Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III—Policies; Pages 22 through 32 for evaluation criteria. E Yes [] No F] Not Applicable The proposed Project will be subject to both NYSDEC and Town Freshwater Wetland Protection Permits,as well as the Town's Site and Building Plans reviews involving the existing NYSDEC mapped Freshwater Wetland and will therefor also be subjected to review under the New York Natural Heritage Program for which the Project sponsor has already begun consultation. a i i DocuSignEnvelope ID2219DCA5-07F5-4920-Af ODES38BA45 Policy 7. Protect and improve air quality in the Town of Southold See LWRP Section III—Policies Pages 32through34for evaluation criteria. 0 Yes []No n Not Applicable The proposed Project will improve the local airshed as it will displace existing emissions from National Grid's aged polluting diesel fueled generator located within LIPA's nearby 8J Southold Substation and will not emit additional pollutants. Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III-Policies; Pages 34 through 38 for evaluation criteria. �x Yes []No [] Not Applicable As a zero-waste discharge operating Facility the proposed Project will totally avoid any and all environmental degradation associated with solid and hazardous wastes; as opposed to typical industrial uses otherwise permitted on the parcel. PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section ID—Policies; Pages 38 through 46 for evaluation criteria. ❑x Yes E] No [:] Not Applicable The proposed Project will not in any way interfere with continued public access to,and recreational use of,coastal waters,public lands and public resources,as such waters,lands and resources are not accessed through this industrially zoned site. Attach additional sheets if necessary WORKING COAST POLICIES Policy 10.Protect Southold's water-dependent uses and promote siting of new water- dependent uses in suitable locations. SeeLWRP Section III-Policies; Pages 47 through 56 for evaluation criteria. Fxj Yes []No F] Not Applicable As referenced in Policy 5, above, the proposed Project is not water dependent and is a zero- wastewater discharge operation, and accordingly, will both protect and preserve the local aquifer unlike other industrial) zoned development of this parcel. Attach additional sheets if necessary Policy 1L Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III-Policies; Pages 57 through 62 for evaluation criteria. ❑x Yes [] No F] Not Applicable The proposed Project will not impact the sustainable use of living marine resources in the Long Island Sound,the Peconic Estuary and Town waters,and may be seen as promoting living marine resources in such waters by avoiding and eliminating impacts that otherwise would occur with other industrial uses permitted on the Site. DocuSignEnvelope lD.2219DCA5-07F5-4920-A1. 'ODEB388A45 s 3� Policy ]Z. Protect agricultural lands in the Town of Southold. See LWRP Section Policies;Pages 62through 65for evaluation criteria. 0 Yes n No F] Not Applicable The proposed Project will not impact or eliminate agricultural lands in the Town as the Site is Industrially zoned and is not within current agricultural production nor has it been for well over 50 ,years. Policy 13 Promote appropriate use and development of energy and mineral resources. See LWRP Section III-Policies; Pages 65 through 68 for evaluation criteria. Ex Yes F]No F] Not Applicable No alternative development of the existing•_parcel could surpass the proposed Project's environmentally benignlity-scale energy infrastructure development which will simultaneously strengthen LIPA's existing North Fork electric grid enhance electric service reliability within the Town. DocuSign Envelope ID 2219DCA5-07F5-4920-AAF9-DFODEB388A45 �qz i� r Suffolk County Energy Storage 11, LLC ' 69430 Main Road/NY25 Clear 08/28/20 Street Level Photographs Key Locations map DocuSign Envelope ID.2219DCA5-07F5-4920-AAF9-DFODEB388A45 AIR View 1 View 2 View 3 ft 'mq M LLJ View 4 View 5 Attachment G Existing Setting Photographs Along Main Road/NY25 ^�-^.,„ ° v '�^�^"...W, m--m^.../., .-,.:";';&^F^^_�.- ._.,.. ...k �_..'.'�^¢•x ^'-�n,...�.�.'..`{.i,......(...�s ....... -^�-xw .,.... ....u_w..�w...n ?...v". - ..._.. G'x"!1 ;, 6 . "O K �~2� 7 L g'OPE 1'Y RSC®R'� OWNER STREET �' VILLAGE DISTRICT SUB. LOT _ ----- }��A� �tii} �' 1���_ —� FORNAER OWNEr-MgiV C"` N° �� E= ACREAGE r e , TYPE OF BUILDING 2 j .4��r ,��t��u`, aJ !' U f t.,�"" " �<"�°��•�ffi�"'° 'd �"�� r "�,�';s�z'#"t� �L� e��'S ��.:� ...r... �. � -°`"r,..�'.�' rx„'v�':e":#"gs�g;:"�,_" i RES. ' SEAS. VL. FARM COMM. IND. CB. MISC. LAND E IMP. TOTAL DATE REMARKS - � 660 rV'�',.l✓ 4 N -�/e�"�,ry�,, fy�+.�f^N �F.--P--„_, r�g'� ---e� . _, te •`.i ' J �e) s7V C !l zp e) - o„/'"'4 F `\-.+ 7- — �{ � 1 �f' 2..4 I`1�3ct�..� m6_= -R •1a' GE v� 6 D NG�14 .CONDITION N W C RMAL0 BLOW OVE Farm ° Acre I Value Per Acre Value oil ”" Tillable �,L--ye � oj, > Tillable 2 > � x ��° • � `�� Til 16ble- -3 - - -Woodland .°• p 1 4------- — — — - ,"S wamplar�d 0'rUshland• � House Plofi -0. r ,..........._...__m• a_.�-cJ.u�,"`��:�na���.,.�',.E_,,..-,. . ..:. �...u....z.....wA...., ev' '�,�C,*�..,�"...a.,� ,.-,s,.,,..,n..�...°.�,•„_t�.............• ,a-s...w-.��.,. ,.r.........:,..-..o >_ _. �,..».E_s-x nas,...mow.».-se_,.,.....a....•„W..•,.....,,p.,.x<.... �•-•,.-, r.......__- _.._m_ w.._-......,..__,..:.., _.�.._.� .x............�.,, _ -.�.-...,"`:,�°». 7 Z v '0 -A 4 0- T"I 0 1 6 A A '1,14 i--2, _Wm 2/1S/2019i X77 Riundation Both P Extension,. aserri6nt Floors �,P 7 ExExt,Walls Ahterl& Finish _77!!O� -Place - Heat ns i on, PorcAttic h Porch`" Roohis. I st Floor W,=-Breeze,*dy 'P&IO Rooms 2nd Floor v. fMf % ,br eWoy, iv Ifs hy 4� q -2- DocuSign Envelope ID:A738D351AE09-4D73-9361-1 217211137 DEC I AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS TOWN OF SOUTHOLD WHEN TO USE THIS FORM: This form must be completed by lire applicant for any special use permit, site plan approval,use variance,area variance or subdivision approval on property within an agricultural district OR within 500 feet of a farm operation located in an agricultural district. All applications requiring an agricultural data statement must be referred to the Suffolk County Department of Planning in accordance with Section 239m and 239n of the General Municipal Law. 1. Name of Applicant:—Suffolk County Energy Storage II,LLC 2. Address of Applicant:_422 Admiral Blvd,Kansas City,MO 64106 3. Name of Land Owner(if other than Applicant)_Richmond Realty Corp. 4. Address of Land Owner:_69430 Main Road/NY25,Greenport,NY 11944 5. Description of Proposed Project:_79.85MW Battery Energy Storage System 6. Location of Property:(road and Tax map number)_69430 Main Road/NY25 Tax Map#District 1000, Section 045.00 Block 05.00 Lot 001.00 7. Is the parcel within 500 feet of a farm operation?{ }Yes {x}No 8. Is this parcel actively farmed? { }Yes {x}No 9. Name and addresses of any owner(s)of land within the agricultural district containing active farm operations. Suffolk County Tax Lot numbers will be provided to you by the Zoning Board Staff,it is your responsibility to obtain the current names and mailing addresses from the Town Assessor's Office (765-1937)or from the Real Property Tax Office located in Riverhead. NAME and ADDRESS 1. N/A 2. 3. 4. 5. 6. (Please use the back of this page if there are additional property owners) FDocuSig�ed by: i ce 12 / 8 / 2020 Date Note 1.The local Board will solicit comments from the owners of land identified above in order to consider the effect of the proposed action on their farm operation Solicitations will be made by supplying a copy of this statement 2 Comments retained to the local Board will be taken into consideration as part as the overall review of this application. 3.Copies of the completed Agricultural Data Statement shall be sent by applicant to the property owners identified above The cost for mailing shall be paid by the Applicant at the time the application is submitted for review. DocuSign Envelope ID.2219DCA5-07F5-4920-AAF9-F EB388A45 11111111 Ifll 11111 11111 Illll IIIII Ilflf Ifllf IIIII Nll Iffl DEC 1 2020 1111111111111111111111111 SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DEED Recorded: 12/14/2018 Number of Pages: 4 At: 11:31:52 AM Receipt Number : 18-0233858 TRANSFER TAX NUMBER: 18-16939 LIBER: D00012992 PAGE: 859 District: Section: Block: Lot: 1000 045.00 05.00 001.000 EXAMINED AND CHARGED AS FOLLOWS Deed Amount: $475,000.00 Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $20.00 NO Handling $20.00 NO COE $5.00 NO NYS SRCHG $15.00 NO EA-CTY $5.00 NO EA-STATE $125.00 NO TP-584 $5.00 NO Notation $0.00 NO Cert.Copies $0.00 NO RPT, $200.00 NO Transfer tax $1,900.00 NO Comm.Pres $6,500.00 NO Fees Paid $8,795.00 TRANSFER TAX NUMBER: 18-16939 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County DocuSign Envelope ID 2219DCA5-07F5■3920;" °DFODEB388A45 z VA L� 3 Number of pages +:__ _ ,t =_,_L 011' TORRENS ; :_v ,• __r'S Serial# DEC 18 202 a',_'_1`.4' Certificate# Prior Ctf.# Deed.Mortgage Instrument Deed 1 Mortgage Tax Stamp Recording/Filing Stamps 3 FEES i Page/Filing Fee Mortgage Amt. _ 1.Basic Tax T Handling oo 2.Additional Ta,- TP-594 axTP-584Sub Total Spec./Assit. Notation or EA-5217(County) Sub Total Spec./Add TOT.MTG.TAX EA-5217(State) Dual Town_ Dual County, R.P.T.S.A. � Ii Heid for Appointment , ' tt��CC��VV r ��0 Transfer Tax Comm of Ed. 5. 00 Mansion Tax _ f Affidavit The property covered by this motga;e is or will be improved by a one or two Certified Copy family dwelling only. YES or NO Reg.Copy Sub Total 11 If NO,see appropriate tax clause on Other Grand Tota[ r page# of this mitrumentf //. b. t 5 1 4 1)istnet100 Section Block J015.04 Lot 001.00 5 Community Preservation Fund Real 1$043195 i000 o4Consideration Amount $ • Property 04-900 osoo ooi000 , CPF Tax Due TAax Service gen1R TY 1�� IHII���IIII�� I� $ 5 Veritication 11-0EC 1 1111u{ I N �I Improved Vacant Land 6 Satisfaction/Discharges/Release List Property Owners Mailing Address TD RECORD&RETURN TO: SoHsrae;Esq. TD 10 Devonshire Road New Rochelle,NewYork 10804 TD 7 Title Company Information Co Name 0 d Title# 8 Suffolk County recording & Endorsement Page This page forms part of the attached Barclain and Salebeed made by- (SPECIFY y(SPECIFY TYPE OF INSTRUMENT) Robert Kowalski and Karen Kowalski The premisis herein is situated in SUFFOLK COUNTY,NEW YORK. TO In the Township of Southold Jedl Group LLC In the VILLAGE or HAMLET of Greenport BOXES 6 THROUGH 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. (over) i DocuSign Envelope ID`2219DCA5-07F5.4920,J 4FODE8388A45 NY 005-Bargain and Sale Deed with Covenant against Grantors Acts Individual or Corporation(Single Sheet)(NYBTU 80M) CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT-THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY i 77pp i _ THIS INDENTURE,made the 340 0­1 day of November m the year 2018 BETWEEN DC 18 2020 Robert Kowalski and Karen Kowalski, his wife,residing at 565 Pine Neck Road,Greenpo eY L New York 11944 party of the first part,and Jedi Group LLC, doing businessat 889 Harrison Avenue.Second Floor,Riverhead,New York 11901 party of the second part, WITNESSETH,that the party of the first part-in consideration of Ten Dollars and other valuable consideration paid by the party of the second part,does hereby grant and release unto the party of the second part,the heirs or successors and assigns of the party of the second part forever, ALL that certain plot,piece or parcel of land.with the buildings and improvements thereon erected.situate,lying and being in the Town of Southold,County of Suffolk and State of New York, being particularly bounded and described as follows: See,Schedule A attached hereto and made a part hereof. BEING AND INTENDED TO BE the same premises conveyed to the party of the first part by deed dated September25,1996 and filed in the Office of the Clerk of the County of Suffolk on October 15,1996,in Liber 11797 at Page 178. TOGETHER with all right,title and interest-if any,of the party of the first part of.in and to any streets and roads abutting the above-described premises to the center lines thereof:TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises;TO HAVE AND TO HOLD the premises herein granted unto the party of the second part-the heirs or successors and assigns of the party of the second part forever AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever,except as aforesaid. AND the party of the first part,in compliance with Section 13 of the Lien Law,covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose The word"party"shall be construed as if it read"parties'whenever the sense of this indenture se.requires IN WITNESS WHEREOF.the party of the first part has duly executed this deed the day and year first abovewritten IN PRESENCE OF- — fi0, ERT KO7 LSKI KAREN KO ALSKI DocuSign Envelope ID 2219DCA5-07F5-4920,--- ;-)FODEB388A45 USEACKNOWLEOGt, N7'FORMBELO{YW7THLNNEIYYORKSTATEO,'vLY. USEACEVO}YLEDGAIENTFORMBELOWwrfHINNEWYORKSTATEOhZ}: State ofNeiv York,County of SUffolk }ss.: State of New York,County of Suffolk }ss: On thel of November in the year 2018 On the day of in the year before me,the undersigned, all a peared before me,the undersigned.personally appeared I��J Robert Kowalski ant'Karen Kowalski personally known to me or proved to me on the basis of satisfactory personally Mown to me or proved to me on the basis of satisfactory evidence to be the individual(s)whose name(s)is(are)subscribed to the evidence to be the mdMdual(s)whose name(s)is(are)subscribed to the within instrument and acknowledged to me that he/she/they executed within instrument and acknowledged to me that he/shelthey executed the same in his/her/their capacity(ies), and that by his/her/their the same in lus/her/their capacity(ies), and that by his/her/their signature(s)on the instrument,the individual(s),or the person upon signature(s)on the instrument.the individual(s),or the pet opaygpn� ���� behalf of w ' th individual(s)acted,ex771//3uZ' ument, behalf of which the individual(s)acted,executed the ins tmme L NOT Y UBIIC DONNA MI. Notary Public,State of New York DONNA M.PA_t.'z-R N@,01 PAS M978,Suffolk County_ Notary Public,State of New York Uacernber S, No,01 PA5069978,Suffolk County ACRNOWIEDGAPEWPWW&yPSS'41 ElV? YOUPo ('3TATEONLY• ACKNOWLEDGMENTFORMFOR USE OMMENEWYORKSTATE ONLY flVeiv York Subscribing Witness Acbzmi ledgment Certifuate) (Out ofSiate or Foreign General Acknowledgment Certificate) State of New York,County of }ss.: (Complete Venue wal:State,Cowury,Province or Municipalayl On the day of in the year before me,the undersigned,personally appeared On the day of in the year before me,the undersigned,personally appeared the subscribing witness to the foregoing instrument,with whom I am personally acquainted,who,being by me duly sworn,did depose and personally known to me or proved to me on the basis of satisfactory say that he/she/they resides)in evidence to be the individual(s)whose name(s)is(are)subscribed to the within instrument and acknowledged to me that he/she/they executed (ifthe place of residence is in a cit);tnclude the street and street number, the same in his/her/their capacity(ies),that by his/her/their signature(s) if any,thereof);that he/she/they know(s) on the instrument,the individual(s),or the,personupon behalf of winch the individual(s)acted,executed the instrument,and that such individual to be the individual described in and who executed the foregoing made such appearance before the undersigned in the irimment;that said subscribing witness was present and saw said execute the same;and that said witness at the same time subscribed (Insert the aty or other political subdivision and the state or country or his/her/their name(s)as a witness thereto. other place the aclatowledgment was taken). BARGAIN&SALE DEED wmi covrTtAn.-rs AGANSTc"KinR•s ACTS TITLENO imicr 1000 SOEcnoN 045.00 Robert Kowalski and Karen Kowalski 13LOCK 05.00 LOT 001.000 COUNTlORTOWN Suffolk TO Jedl Group I_I_C RECORDED ATREQUESTOF Fidelity National Title Insurance Company RETURNBYMAILTO FIDELITY NATIONAL TALE Sol Israel,Esq. 0 INSURANCE COMPANY 10 DevonshireRoad, 1AVOtt➢WED 1928 ' New Rochelle,New York 10804 �a-FUelity-030--l" M—krAFm 1nrkSwe tau'Tuir Armeuun w v LL 0 Q z 0 it 0 U W tt LL O W in 2 O LL Lu U Q a rn x r w it w W w It DocuSign Envelope ID 2219DCA5-071`54920-i FODE13388A45 DEC R 8 2020 DECISION 2000 REAL ESTATE SERVICES INC SCHEDULE A CONI HUED Title No.18-08-9080 All that certain plot,piece or parcel of land,situate,lying and being in the Town of Southold,County of Suffolk and State of New York,being more particularly bounded and described as follows: Beginning at a point on the southeasterly side of Main Road where the same is intersected by land now or formerly of the County of Suffolk; said point or place of beginning being also distant 648 feet more or less northeasterly as measured along southeasterly side of Main Road from the comer formed by the intersection of the northeasterly side of Pipes Neck Road with the southeasterly side of Main Road; Running thence from said point or place of beginning along the southeasterly side of Main Road the following two(2)courses and distances: 1 North 36 degrees 46 minutes 10 seconds East 151.79 feet, 2.North 45 degrees 27 minutes 40 seconds East 149 07 feet to land now or formerly of Reitor's Seven Acre Farm Inc; 1 Thence along said last mentioned land,South 48 degrees 00 minutes 10 seconds East 290 00 feet to land now or formerly of the County of Suffolk, Thence along said last mentioned land the following two(2)courses and distances. 1.South 41 degrees 04 minutes 10 seconds West 300 00 feet, nds West 290.03 feet to the southeasterly side of Main Road 2-North 48 degrees 00 minutes 10 seco i at the point or place of Beginning 1 For Information Only District 1000 Section 045.00 Block 05 00 Lot 001 000 if R i i f 4 Representing Chicago Title Ins7nrmice Company s DocuSign Envelope ID 2219DCA5-07F5-4920-AAF9-C :B388A45 DEC A 8 2020 Board of Zoning ARpeals AUplication AUTHORIZATION (Where the Applicant is not the Owner) JEDI GROUP LLC with a principal business address of 889 Harrison Avenue, FL 2,Riverhead,NY 11901 do hereby authorize Suffolk County Energy Storage II,LLC (ARent) to apply for variance s) on our behalf from the Southold Zoning Board of Appeals. (Owner's Signature) Isaac Israel,Managing Member 631-902-5202 ike(-h-ichmondreaih-cotp.coin i (Print Owner's Name) ; F i DocuSign Envelope ID•2219DCA5-07F5-4920-AAF9-*B388A45 AGF,NT/RF.PRF.SF.NTATWF, DEC 18 2020 TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics Prohibits conflicts of interest on the part of town officers and employees The Purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME: Suffolk County Energy Storage H,LLC (Last name,first name,middle initial,unless you are applying in the name of someone else or other entity,such as a company.U so,indicate the other person's or company's name.) TYPE OF APPLICATION:(Check all that apply) Tax grievance Building Permit Variance Trustee Permit Change of Zone Coastal Erosion Approval of Plat Mooring Other (activity) Special Exception Permit Planning Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold?"Relationship"includes by blood,marriage,or business interest."Business interest"means a business,including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5%of the shares. YES NO X If you answered"YES",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee. Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply) A)the owner of greater that 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation) B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation) C)an officer,director,partner,or employee of the applicant;or D)the actual applicant DESCRIPTION OF RELATIONSH P Submitted this 28th day of September,20 20 Signature Print Name Emi 1 y-LTruebne r Signature S �u� Print Name Scott zei metz �1-10EC 2M AGENT/REPRESENTATIVE l `v� TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees.The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME : S k e.V t%• �S`j.� C O (Last name,first name,middle initial,unless you are applying in the name of someone else or other entity,such as a company.If so,indicate the other person's or company's name.) TYPE OF APPLICATION: (Check all that apply) Tax grievance Building Permit Variance Trustee Permit Change of Zone Coastal Erosion Approval of Plat Mooring Other(activity) ®'n Planning Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold?"Relationship"includes by blood, marriage,or business interest."Business interest" means a business,including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5% of the shares. t YES NO If you answered"YES",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee. Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply) A)the owner of greater that 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation) B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation) C)an officer,director,partner,or employee of the applicant;or D)the actual applicant DESCRIPTION OF RELATIONSHIP Submitted this k$ da of 0c4A-S14'9 20 -)"1Z) Signature Print Name S kCye l: U059 ocA(-O I ,j k S E t Board of Zoning Appeals Application ° f F 0 AUTHORIZATION (Where the Applicant is not the Owner) r , F G JEDI GROUP with aprincipal business address of (Print property owner's name) 3 889 Harrison Avenue,FL 2,Riverhead, 1VY11901 do hereby authorize (Mailing Address) r 1 4 Mr.Steven Losquadro,AC. to apply for variance(s)on our behalf from the (Agent) 4 Southold Zoning Board of Appeals. t c t (Owner'sSignature) k F� Y Isaac Israel,Managing Member 631-902-5202 ike(a)xichmondrealtycorp.com (Print Owner's Name) k r Yj( - 4 J 4 s J F S `A � t(p �h tFS F �4 S f{tSrC f LEGEND PROPOSEDpESIGN E%191TIN0 WNgTIONs �' � _ t! � 8 ®MipKpaEc110k St851ATAR �i ROW NATA®Af3A ^ "" _ -"*" ' _ cnaosm wLucT suesTAnOx wh�R1tn/smuu/calx ^£.< £? �•,'" y', _ —OHT—pCSde gYWQAD WarI5Y9W LAND USE OR COVERTYPE CURRENT PROPOSED CHANGE ACRES (ACRE) (ACRE) ( /-) "sx"-,+a %� „�"^;q<` Il ,,!,`:s' ° "ek, ";�•" .r`; "��x" "�-. � " -,'r' . a' ,' � ^ t� .g)t�.,., + ROADS,BUILDINGS,AND OTHER PAVED OR IMPERVIOUS SURFACES 0151 0.97C 081 ` Tl "{l °,`" 'm` `z`• y».. ;.,�"" ;;,- °x `.-� w :^s rx ,rfy ;,°.1 ^r^ �;'�'"r. - - .^T''�^af"i``.-i'3 FORESTED 0 35 0.16 -0 18 �`` ^ - �' "'y��a ' - MEADOWS,GRASSLANDS OR BRUSHLANDS „ " ^ (NON-AGRICULTURAL,INCLUDING s 3�a -a"_`ns .., ®= '��•` ,% `r "7.°o; i, ABANDONED AGRICULTURAL) 1.41 0.7 -0 63 AGRICULTURAL INCLUDES ACTIVE ORCHARDS,FIELD,GREENHOUSE ETC) 000C 0.00 0 00 SURFACE WATER FEATURES LAKES,PONDS, GEN TIE TO" ry •L STREAMS,RIVERS,ETC) 0.00 0 00 0 00 ,;- SOUTHOLD =�,=a' )�:t" - (FRESHWATEROR TID 0.10 010 000 ^°J NON-VEGETATED BARE ROCK,EARTH OR ^nS SUBSTATION (FEEDER#BJ) - ''� _ _ _ FILL) 0.00 0 00 0 00 ,- ^ r PEE= THER P RMEAB E HAUL DRIVEWAY ,4;yn,' 't ,.. �•:. ,?'` m.^ ,�'*�� `.,4='` :°+ '.." 20'WIDE ACCESS ^ `;�''. ' ^L'^ w s^'`" » 000 0.00 0.00 "�-"°° ,' - ^n TOTALS 2.02 2.02 0.0 ROAD CLYP) - - 1•' � :y� �� • �� '< ��� _�>�-;� u. ^'^ ^'wa ,. -=', '"�*ti°')'^s" ! - Lo,covera a ercent CURRENT PROPOSED CHANGE B P 74q 47.99 404 OHT40' _ _ -'�Q'• - PROJECT SUBSTATION I _ - ;�- -„..�, ZONING COMPLIANCE TABL ML'so, .d , �� .,«w,.' .-` SWITCHGEAR nng ;, �, PROJECT »^. �Q „ x'Yu', �- Issce see ae oagea ce e ' EN TRV 8,GATE new INVERTER(TYa.s”'^ r,a_ ''� �• - - 10'SETBACK ,00'NYSDEC WETLAND "- Item Requlred l Permitted Exlsllrg Proposed P) (TYP) lnlmam Lot area x0,000 Sq q {- _; 202ac mac ' BATTERY CONTAINER(fYP) lnlmum Lot Werth 1W Ft 3047Ft 30478 lnlmum Let Depth 150 Ft 2m 0 FL 2920 Fl 11 FENCE LINE(TYP) „'," ,,.-.'^ �� - ^ •' Mmlmem From vam setback variable 1 toe 1 Fl sae Fl NYSDEC WETLAND(TYP) r ,�a' _ �.e., f= _ PROJECT BOUNDARY '� ` - - ° lnlmum Both rare Setback 20 Ft 8176921 108 FLrr - _ Minimum Both Yard Setback 40 FL 26152 FL 308 FL(4) Minlmum Rear Yard Setback 70Fl 15851t 320 Ft(41 °'p+ ,ate` " ;f ""l5, ^q''�'ay�""<;, '"'" A $�," m'^,q; .aE t`r $3,.� a _ " - B+�n. 't, '�, ^Rk `^s•. T +^w.P Maximum Lot Coverage 75% '%'.)30% 47 SETBACK' ;.•, - » , 'r't ? ^- - - �C)- .s� a " "van`e(l" "#,- P^ROJE'"C.�TwxEN,:,T^tR*;„YM_'�„ ten".'^= a 1.�'c ls^n_t-,7 y`../ "'t,l^' S-_ r=Ex4-"'" ,;o ,} C - _ „• i///'„' - wMeslm mhSuueo . oQs a ashnum NumberefStodes 2NYSDC AVOIDANCE BUFFER Ntes (1)Zonmmem Med in Nle leek are taken from Baden A9achmeM 4. (2)ParNe2,fsenzAuawnema•mrerroappmpnakzmah.dwnca• &GAE i t .t �, - 4 . ` •1° fp py M ,,`� r.., c*` )Per Section 28060,Subseohan A datee'SWdun:a shall be setback at lead ire feet from the rfgMof—y' a S ,- '`v d�" �l✓.' f' l' k L 1N'o`'^" - .•�"i vx .a:wm w _ e »,.y, ubsedlen Bsktey Msatshanbeenetheavierao aft c,clop All he dthe ham ntpa am dehe west wTkhce. Ne minunum hamyam setback ahe0 be the evamph mlhe setbacks of Ne adlaced Darcek'The dosed aNehme h:mdh,,Mem ad)asent pamei k located 543 h from the hmd pmpedy f The desest sbuehoe on the - f/ dhnestem adjacent Parcel k located 182 h from the front property line The average aftheas setbacks le 3525 h ,0'SETBACK Jt"'., *i`G.i `'^^'"`"^ "x j" '{;_^ '°L^•„ '�`,` �^"". *'°' � - ^^ " °r' " �v;' aaaedanthlaandfols,a valiance,is not required for the int yam setback OC fC, Rs' ^ m+S;'✓ ,^�"`,»"°, ;» *` ^ al'F =M1k " ec' v'A" '3 f»A " r"-`+'v p M$ ».'4..r"^c ",�,' rax «+c'4 'A�„ t,eu 0 100' 200' tusTON sOALE — _ P .�� "�c_•" » K,';:• ^ °'�`,', `�t.° .�4y -..':',' ,»[�` a�` .:.,�';. M , uru.,ahr®aAnwr wnn ,urovrevwo ,.wr P4oF NeLyr ma LANGAN z, PROJECT OVERVIEW coo, E J. O b Pled Eal L Fra 9 '� �A .amdgy �,.—SI�VrI C)N (�� ; / "`, • aro RgElBmMay,rdleele SUFFOLK COUNTY STORAGE II 3 }1 $ - s _ r Whb PhY4NY f�601 my—t—my aanOMiRu ewmvAeO moo,. .... eti '" . _ rr T014321M F9143MT401 wxlonpmma —Scsq Ws�los suFFaK NEWYDRK eek - ,"`- e W cwxrr m » - - "� O NIIRNINOr RISAVIOIATpN OFTHENYS Tab CaPAgNled FmMMMkConftlmtW and or xm _ O081473EDUfAT10N tAWXr[i E fah ORANY Pm$ON ANSI FLa Bk.M B m ll mdse) 1d sheet 2 41(/ UNLESS HE ISACTING UNOOt T14:mRECTxtt16 Pmpkiaryksavbn,LLG AM umulAwlxU A ,y V Nh<opileO PhdWrapahp rclsAlaMbnd a "q`�*\ = e ;"e.g11�a-e.-x'11 x''� F��� `. ,�y+ °.�^{"a�u "6 _ _ �ry'4 , ,[IFE•SB1�'{dP LIGENSm PROFE5510N4L ENGMEER TO ALTER materlalb MplygMldled eM NaA be ^66 INTERNAL ONLY _ THIS ITEM mANY WAY retumedk®q mmpan 1]/102020 YhrdmtgM. NOT FOR CONSTRUCTION LEGEND PROPOS 0 T_ ED DESIGN IXISITING WNDITIONS �' •�' N moat]eouaoARr rAanas gtlud EUfEFR O - O� wwnrzx C-- )MEnAtes yTy� �� Oy � =a—FICSiWG OVT]aEAD 1RAN9a59011 U ,`/ —EaSTwg OaERIffW p6lWalnd � LAND USE OR COVERTYPE CURRENT PROPOSED CHANGE (ACRE) (ACRE) (ACRES ROADS,BUILDINGS,AND OTHER PAVED OR IMPERVIOUS SURFACES 0151 0 97C 0 Sl _ A, FORESTED 0.354 016 -018 O� /�, MEADOWS,GRASSLANDS OR BRUSHLANDS i (NON-AGRICULTURAL,INCLUDING ABANDONED AGRICULTURAL) 1 41C 0777 -0632 AGRICULTURAL(INCLUDES ACTIVE ORCHARDS,FIELD,GREENHOUSE ETC) 0 00C 0 00 0 00 GEN-TIE TO SURFACE WATER FEATURES LAKES,PONDS, / SOUTHOLD STREAMS,RIVERS,ETC) 0 00C 0 00 0 00 SUBSTATION WETLANDS FRESHWATER OR TIDAL 0 10E 0101 000 (FEEDER#8J) NON-VEGETATED BARE ROCK,EARTH OR 20'WIDE ACCESS FILL) 0.00 0 00 0 00 ROAD(TYP) OTHER PERMEABLE HAUL DRIVEWAY O.00C 0.00 000C TOTALS1 2.024 2.02 0.00 T h OHT oP� CURRENT PROPOSED CHANGE PROJECT SUBSTATION/ of coverage percent 7,447.94 40.4 \ / PROJECT �P SWITCHGEAR ENTRY 8 GATE ZONING COMPLIANCE TABLE ` / j 10'SETBACK 100'NYSDEC WETLAND gninul s nice se s Battery la nus ria INVERTER(TYP) BUFFER(TYP) Storage pitted Item Required Permitted .TJTExisting Proposed BATTERY CONTAINER(TYP) 'f, J MlNmum Lot Area 40000 Sq Ft q :L- FENCE LINE(TYP) / ` ,'J-, zoxac 'z ox ac J NYSDEC WETLAND(TYP) wmum Lot Width looB 3047Pr 3047 Ft // Mlmmum Lot Depth 150 Ft 292 0 FL 292 0 Ft PROJECT BOUNDARY(TYP) / amimum Front Yard Setback Vandel I 1041 FI546 Ft Minimum Side Yard Setback 20 Ft 817F 100 Ft / 25'SETBACK ! ' -/ �� Mirilmwn Both Yard Setback 40 Ft 2692 Ft 3o6Ft1°I mini Rear Yard Setback 70R 15650 320 Ft(I I O'NYSDEC AVOIDANCE Maximum Lot Coverage 3o% 75% 47g Gi` / BUFFER Maximum Buil4ing Height 35 Ft cls, PROJECT ENTRY /! _ Maximum Number ofStodes 2 <2 — I i 8 GATENot- (1)Zoning requln mem listed In this table are taken Irom Section 24D,Attachment 4 / (2)Per Nole 2 of Section 240,AMachment 4'refer to appropriate zone ordinance' (3)Per section 28064,Subsection A list,,-SWcturas shall be setback at least 100 feet from Na right-of way' Subsection B stale,There shall be an exception to Subsection A If the adjacentparcels are developed,m which case 'J ' the minimum front yam setback shall be the average or the setbacks of the a dlacem parcels'The ciosest,bumumo 10'SETBACK Ins nonneashm,ascent 1 is located 54 3 R from the ha I Parce proPedy line Tha close,(mmctureon the ,Ah m,m,di,mnt parcel Is toceled 16 2 R from the front property line The average of these cutbacks Is 3525 6 ( Based on this analysis,a variance Is not required for the front yard setback (4)Venznce required "/ j iJ• �� - 25'SETBACK 1 D 1® ca CUSTOM SCAUE 9 _uwArso Fs,osri aouse+swx ce:cs sosc em / (E OF Ne LANGAN PROJECTOVERVIEW w C+002 a ,' I Langan F4pineeMp,EnglfarmNdel,SurwNrtg, ep � � Lards®paArdlAmbee rata 6allogy,o G %q`N : a ore Nodh Beadaay,&bgIo r• SUFFOLK COUNTY STORAGE II Whits P6Na,NY10601 paN x ADMVION EBOULEVARD l T 9143217/00 Fg148237401— KnNs4satt NOW. wwemx°vs �� SUFFOLK NEW YORK § _ IIARNINO IT IS AVIOlATION OF THE NYS EDJCATION IAWARTICLE 1411 PERSON T—op Ighfed mAehal is Cpnfitlen[al end 61eMB(1]00%if Wlmhea) Steel 2W 2 t I qpm 81473 (G�' UNLESS HE ISAGTINO UNDERTHEgRECTpN OF Pprars,.use-yeg PANSI enan LLC AlryunaNlgnxe0 ` / / 1 t` �eJ� �P�' ALIGENSED PROFESSIONAL ENG WEER TO ALTER �gmplis, ublicaGon of ^ as¢eF¢II [[ /` E8810 THI6ITEM MANYVJIIY alkmaledal5lstrk—pa Vnrdersonnt� •se NOT OR CONSTRUCTION 1L10/2020 ELIZABETH A.NEVILLE,MMC ��® ®l/y Town Hall,53095 Main Road TOWN CLERK ® P.O.Box 1179 Southold,New York 11971 REGISTRAR.OF VITAL STATISTICS • Fax(631)765-6145 MARRIAGE OFFICER 44 RECORDS MANAGEMENT OFFICER Telephone(631)765-1800 FREEDOM OF INFORMATION OFFICER www.southoldtownnygov OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A.Neville DATED: December 28, 2020 RE: Zoning Appeal No. 7463 s� Transmitted herewith is Zoning Appeals No. 7463 for Suffolk County Energy Storage II, LLC: Notice(s) of Disapproval The Application to the Southold Town Zoning Board of Appealk!E) Applicant's Project Description Questionnaire r ,i Correspondence-iv/24 � K4*4x- 4-o24A , 1 a l ghg lt,� 4-0 L& k-- -t-�ro� Certificate(s) of Occupancy N%Sj-o r L. jrtSt r v a.�o n 15A&I ,�-C- Building Permit(s) Misc. Building Dept. forms (Certificate of Compliance, Housing Code Inspection, etc.) Misc. Paperwork- _,/Copy of Deed(s) Findings, Deliberations and Determination Meeting(s) ✓Agricultural Data Statement �L9heitEnvironmental Assessment Form�-�- Board of Zoning Appeals Application Authorization Action of the Board of Appeals Applicant/Owner Transactional Disclosure Form(s) Agent/Representative Transactional Disclosure Form(s) LWRP Consistency Assessment Form _,,-'Photos ,/ Property Record Card(s) Maps- Survey/Site Plan Drawings .(--,,,own of Southold � P.O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 12/28/20 Receipt#: 276898 Quantity Transactions Refere c Subtotal 1 ZBA Application Fees 7463 50 $1,200.00 Total Paid: $1,200.00 Notes: Payment Type Amount Paid By CK#9057 $1,000.00 Steven E. Losquadro Attorney At Law CK#9107 $200.00 Steven E. Losquadro Attorney At Law Southold Town Clerk's Office 53095 Main Road, PO Box 1179 Southold, NY 11971 Name: Suffolk County Energy Storage II, LLC 69430 Route 25 Greenport, NY 11944 Clerk ID: JENNIFER Internal ID.7463 3 � AFFIDAVIT OF PUBLICATION The Suffolk Times LEGAL NOTICESOUTHOLUTOWN ZONING BOARD OF APPEALSTHURSD'AY, FE5RUARY4,,2021 at 10:00 AMPUBLIC HEARINGSThis PUBLIC HEARING will be held virtually via the Zoom online platform. Pursuant to Executive Order 202.1 of New York Governor Andrew Cuomo in-per=son access by the public will not be permitted.The public will have access-to view,listen and make comment during the meeting as it is happening via Zoom-Webinar. Details about how,to tune in and make comments during the meeting are on the Town's website agenda for this meeting which maybe viewed at http://www:southoidtownrlygov/agendacenter. •AdditionaIly,.there will be a link to the Zoom Webinar meeting,at http://www.southoldtownny.gov/calendar.aspx. 20:00 A.M.-GEORGE CAUAGNARQ#7452- Requestfor a variance from Article XXIII,Section 280-124;and the.Building Inspector's October 28,.2020 Notice,of Disapproval based on an application,fora permit to construct additions and alterations to an existing single family dwelling;at 11 located less than the code required front yard setback of3,5 feet, located at:'265 Racketts Court,Orient, NY. $CTM No.1000-17-6.9.1.10:10 XM,-PEDRO RIVAS AND YIRA TEJADA#7458-Request for Variancesfrom Article IH,Section 280-1S;Article XXIII,Section 280- 124;and the Building Inspector's September 11, 2020 Notice of Disapproval based on an application for a permit-to construct additions.and alterations to an existing single family'dwelling and to legalize an "as built" accessory shed;at 1) proposed dwellingis located less than the code required front yard setback of 35 feet; 2) proposed dwelling is located less than the code required Tear yard setback of 35 feet;3) proposed construction mor"ethan the code permitted maximum lot coverage of 2010;4)"as built"shed located in other than the code permitted rear yard; located at:305 Flint Street,Greenport, NY, SCTM No.1000-48-2-7-L10:20 A.M.-MARI SHEA#7460-Request fora Variance from Article XXIII,Section 280-.114 and the Building Inspector's December,l,2020 Notice of Disapproval.base6on an application- for a permit to construct additions and alterations;to Orr ekisting single fantily'dwelling;at 1)located less than the code required'front yard setback of 40 feet; Iocated.at:1350 Smith Road,Peconic,IVY.SCW' No.1000-98:4-2S.1.10:30 A.M,-PETER ARD VALERIE SAKAS BREEZY SNORES COTTAGE#16)#7461- Requestfor a Variance from Article XXIII,Section 280-123:antithe Building Inspector's D%ember8,20,20 Notice-of Disapproval based on an application form permit to construct additions and alterations to an existing seasonal Cottage;at 1) a nnn-conforming building containing a non-conforming use shall not be enlarged,reconstructed,structurally altered or moved,unless such building is changed to a conforming use;.at:65,490 Route 15, (Breezy Shores Cottage#16,Adj.to Shelter Island Sound)Greenport, NY. SCTM#1000-53-5-12.6..10:40 A.M. -CHARLES AND HELEN SZARKA(BREEZY SHORES COTTAGE IW) #7462 Request for a Variance from Article-XXIII,Section 280-123 and the,Building Inspector's December 8,2020 Notice of Disapproval based on an application for a permit to construct additions and alterations to an existing seasohalcottage;at 1)a non-conforming building containing a non-conforming useshall not be enlarged, reconstructed,structurally altered or moved;unless such building is•changed to a conforming,use;at:65490 Route 25; (Breezy Shores Cottage#17,Adj,to Shelter island Sound) Greenport,NY. SCTM No.#1000-53-5-12.6.10,50 A.M.-MATTHEW KAI;LIN AND KATHRYN COLLINS #7464- Request for Variances-from Article XXIII,Section 280-124;and the Building Inspector's October 22,2020 Notice of Disapproval based on an application for a permit to construct additions and alterations to an existingsingle family dwelling,at 1) proposed dwelling is located less thanythe=code required front yard setback of 35 feet; 2) more than the code permitted maximum lot coverage of 20%; located at:328 Avenue B, Fishers Island, NY. SCTM No. 1000-6-2-13.1.11.00 A.M. -KONSTANTINOS DIAKOVASILIS#7465SE-Applicant requests a Special Exception under Article III,Section 280-13B(13). The Applicant is owner of subject property requesting authorization to establish an Accessory Apartment in an existing,accessory-structure; at:2095 Ruth Road, Mattituck,,NY.SCTM#1000-106.-7- 6.1:00 P.M.-12425 SOUND,LLC,ANDREW FOHRKOLB•#7459SE—Request for a Special Exception pursuant to Article XV,Section 280-626(11)and Article XXVI,Section 280-146D,the applicant is requesting permission to convert and expand an existing two story residential dwelling to six units of bf447580-3d30-48be-a32a-b6a207ad3606 kimf@southoldtownny.gov SOUTHOLD TOWN BD OF APPLS 266 AFFIDAVIT OF PUBLICATION The Suffolk Times affordable rental Housing,,located at 12425 Old Sound Avenue, Mattiti ck,NY SCTM No.100q-141-3- 39.1:20 P.M,-SUFFOLK COU14TY ENERGY STORAGE II, LLC#7463SE—Request for a Special Exceoflon pursuant to Article XV,Section 280-62B(5),the appiicantls requesting permission to construct and allow for public utility structures-arid uses;i.e.,battery energy storage system facility, located at 69430 Main Road(NYS Route 25),Greenport,NY SCTM No.1000-45-5-1.The Board-of Appeals will hear all persons, of their representatives)desiririgm be heard at-each bearing, and/or desiring to submit written statements before the,corii fusion of each hearing. Each hea°ring will hot start earlier than designated above, Files are availab[e for review on The,TQwffs Webiink/Laserfiche under Zoriing Board'Qf Appeals (ZBA)\Board ActionAPending, Cluck Llnit:http://Z4'3,9.28,228;2040/`weblink/BroWse.asp)t7dbid=O, if you have questions,please telephone vur office at(631)7.65-1809,or by email: k1mf@south6ldtownny,govDated: January 21,2021 ZONING BOARD OF APPEALSLESLIE KANES WEISMAN�CHAIRPERSON BY: Kirit E.Fuentes54375.Main Road(Offic,o),P.O,Box 117.9,_ Southold,NY 11971-0959 bf4475,80 3d3,0-48be-a32a-b6a207ad3606 kimf@southoldtownny.gov SOIITHOLD TOWN BD OF APPLS RECEIVED AFFIDAVIT OF PUBLICATION The Suffolk Times FEB 2 4 2021 State of New,York, Zoning Board of Appeals County of,Suffolk; / U"�►'��� The Ondtrsigiied is the authorized diasignee,Qf,the,publisher 4-The Suffolk-Times,a-Daily Newspaper publMed in•Suffolk County;-New York. i-certify.thatthe.pablic notice,a-priotedcopy of which is attached hereto,was printed and published in,this newspaper•pn the following dates, January28,.2021 This,newspaper has been designated by-the County Clerk of Suffolk County,as,a newspaper_of record ill this county,and as such,is eligible to publish such notices.. Eliot T.Putnam, PrintbdzlVam> a Subscribed and swom t'o'before me, This,,day,of 20?,1 Notary Signe �,���+►►►rwrr►r torr STATE OF,NEW YORK". hb`TARY PUBLIC ALBANY Notary Public Stamp bf447580-3d30-48be-a32a-b6a207ad3606 kimf@southoldtownny.gov SOUTHOLD TOWN BD OF APPLS 3S� AFFIDAVIT OF PUBLICATION The Suffolk Times LEGAL NOTICESOUTHOLD TOWN ZONING BOARD OF APPEALSTHURSDAY,MARCH 4,2021 at 10:00 AMPUBLIC HEARINGSThis PUBLIC HEARING will be held virtually via the Zoom online platform. Pursuant to Executive Order 202.1 of New York Governor Andrew Cuomo in-person access by the public will not be permitted.The public will have access to view,listen and make comment during the meeting as it is happening via Zoom Webinar. Details about how to tune in and make comments during the meeting are on the Town's website agenda for this meeting which may be viewed at http://www.southoldtownny.gov/agendacenter. Additionally,there will be a link to the Zoom Webinar meeting at http://www.southoldtownny,gov/calendar.aspx.10:00 A.M.-JIM BRODSKY#7466-Request for a Variance from Article III,Section 280-15 and the Building Inspector's December 2,2020,Amended December 8,2020 Notice of Disapproval based on an application for a permit to construct an accessory garage in conjunction with a new single family dwelling;at 1)located in other than the code permitted rearyard;located at:1895 Pequash Avenue,Cutchogue,NY.SCTM No.1000-103-7-15.10:10 A.M.- VINCENT BERTAULT#7467-Request for Variances from Article III,Section 280-15;Article XXIII,Section 280-124;and the Building Inspector's October 22,Notice of Disapproval based on an application for a permit to construct additions and alterations to an existing single family dwelling,and construct an in ground swimming pool;at 1)proposed additions located less than the code required minimum front yard setback of 35 feet;2)the accessory swimming pool is located in other than the code permitted rear yard;located at:95 Navy Street,Orient,NY.SCTM No.1000-26-1-12.2.10:20 A.M.-VINCENT BERTAULT H74685E-Applicant requests a Special Exception,under Article III,Section 280-13B(13). The Applicant is owner of subject property requesting authorization to establish an Accessory Apartment in an existing accessory structure;at:95 Navy Street,Orient,NY.SCTM#1000-26-1-12.2.10:30 A.M.-SAMUEL J. DIMEGLIO,JR. #7469-Request for Variances from Article XXIII,Section 280-124 and the Building Inspector's November 17,2020,Notice of Disapproval based on an application for a permit to construct a front porch addition attached to an existing single family dwelling;at 1)located less than the code required minimum front yard setback,of 35 feet;2)located less than the code required minimum combined side yard setback of 25 feet;located at:2280 Deep Hole Drive,(Adj.to Deep Hole Creek) Mattituck,NY.SCTM No.1000-123-4-6.10:40 A.M.-MICHAEL KREGER#7470-Request for a Variance from Article III,Section 280-13 and the Building Inspector's January 6;2021 Notice of Disapproval based on an application for a permit to construct additions and alterations to an existing single family dwelling, at 1)more than the code permitted maximum two and one-half(2-1/2)stories;located at:985 Bay Shore Road,(Adj.to Pipe's Creek)Greenport,NY.SCTM No.1000-53-3-13.1.10:50:A.M.-ROBERT AND DONNA DRUMMOND #7471-Request for Variances from Article III,Section 280-15;Article XXIII, Section 280-124;and the Building Inspector's December 16,2020,Notice of Disapproval based on an application for a permit to legalize an"as built'deck addition with hot tub attached to a single family dwelling,and to legalize an"as built"accessory shed;at 1)"as built"deck is located less than the code required minimum side yard setback of 10 feet;2)"as built"shed is located in other than the code permitted rear yard;located at:675 Private Road#12,(Adj.to Corey Creek)Southold,NY.SCTM No. 1000-87-4-7.1:00 P.M.-COTTAGE ON THIRD,LLC#7472-Request for a Variance from Article XXIII, Section 280-124 and the Building Inspector's January 13,2021 Notice of Disapproval based on an application for a permit to construct a new accessory pool house/garage;at 1)more than the code permitted maximum lot coverage of 20%;located at:850 Third Street,Greenport,NY,SCTM No.1000- 117-8-7.1:10 P:M.DAVID ZAPPULLA#7473-Request for Variances from Article XXIII,Section 280-124 and the Building Inspector's December 23,2020,Notice of Disapproval based on an application for a permit to demolish and reconstruct a new single-family dwelling;at 1)located less than the code required minimum front yard setback of 35 feet;2)more than the code permitted maximum lot coverage of 20%;located at:810 Linnet Street,Greenport,NY.SCTM No. 1000-48-3-13.1:20 P.M.- JAMES AND LAURIE CARNEY #7474-Request for Variances from Article XXIII,Section 280-124 and the Building Inspector's December 15,2020 Notice of Disapproval based on an application for a permit to 377e8c50-e53d-42ee-95fb-6d18cb3aafee kimf@southoldtownny.gov SOUTHOLD TOWN BD OF APPLS 370 i AFFIDAVIT OF PUBLICATION The Suffolk Times construct additions and alterations to existing single family dwelling;at 1)located less than the code required minimum front yard setback of 35 feet;2)located less than the code required minimum rear yard setback of 35 feet;located at:No#Equestrian Avenue,Fishers Island,NY.SCTM No. 1000-9-6- 3.1:30 P.M.,-CHRISTOPHER AND,MARIAN BRIGGS#7477-Request for Variances from Article III,Section 280-15;Article XXIiI,Section 280-124;and the Building Inspector's January 25,2021 Notice of Disapproval based on an application for a permit to legalize"as built"deck additions to an existing single family dwelling and to legalize an"as built"accessory shed;at 1)as built shed is located in other than the code permitted rear yard;2)as built deck is located less than the code required minimum front yard setback of 40 feet;3)as built deck is located less than the code required minimum rear yard setback of 60 feet;located at:320 Oceanic Avenue,Fishers Island,NY.SCTM No.1000-9-7-9.1.1:40 P.M.- KONSTANTINOS DIAKOVASILIS#7465SE—(Adjourned from February 4,2021)Applicant requests a Special Exception under Article III,Section 280-136(13). The Applicant is owner of subject property requesting authorization to establish an Accessory Apartment in an existing accessory structure;at: 2095 Ruth Road,Mattituck„NY.SCTM#1000-106.-7-6.1:50 P.M.-SUFFOLK COUNTY ENERGY STORAGE II,LLC#7463SE—(Adjourned from February 4,2021)Request for a Special Exception pursuant to Article XV,Section 280-626(5),the applicant Is requesting permission to construct and allow for-public utility structures and uses;i.e.,battery energy storage system facility;located at 69430 Main Road(NYS Route 25),Greenport,NY SCTM No.1000-45-5-1.The Board of Appeals will hear all persons or their representatives,desiring to be heard at each hearing,and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will,not start earlier than designated above, Files are available for review on The Town's Weblink/Laserfiche,under Zoning Board of Appeals(ZBA)\Board Actions\Pending. Click Link:http,//24.38.28.228:2040/Weblink/Browse.aspx?dbid=0."Contact our office at(631)765-1809,or by email:kirnf@southoldto%nny.govDated: February 18,2021ZONING BOARD OF APPEALS,LESLIE KANES WEISMAN,CHAIRPERSONBY:Kim E.Fuentes54375 Main Road(Office Location), P.O.Box 1179,Southold,NY 11971-0959 377e8c50-e53d-42ee-95fb-6d18cb3aafee kimf@southoldtownny.gov SOUTHOLD TOWN BD OF APPLS 371 y AFFIDAVIT OF PUBLICATION The Suffolk Times State of New York, County of,Suffolk, The undersigned is the authorized designee of Andrew Olsen,the,publisher of The Suffolk.Times,a Daily Newspaper published in Suffolk County,New York. I certify that the public notice,a printed copy of which is attached hereto,was printed and published in this newspaper on the following'dates: Fe4ruary,25;2021 This newspaper has been designated by the County Clerk of Suffolk County,as a newspaper of record in this county,and as such,is eligible to publish such notices. On Signature Eliot T.Putnam Subscribed and sworn to before me, ThliL day of ' MN 20,4 3 NotarySignatu U-II rcrrhpi, G S'I.4TE OF NEW YORK NOTARY PUBLIC ALBANY 01RE639S443 MC Notary Public Stamp ''.,, fSSrO`,Ehe���S�� 1,111+1 g I u I I u>>�r�a`` 377e8c5C-e53d-42ee-95fb-6d18cb3aafee kimf@southoldtownny.gov SOUTHOLD TOWN BD OF APPLS 369 C?at ��- c�s AFFIDAVIT OF PUBLICATION �� The Suffolk Times 401 LEGAL NOTICESOUTHOLD TOWN ZONING BOARD OF APPEALSTHURSDAY,APRIL 1,2021 at 10:00 AMPUBLIC HEARINGSThis PUBLIC HEARING will be held virtually via the Zoom online platform. Pursuant to Executive Order 202.1 of New York Governor Andrew Cuomo in-person access by the public will not be permitted.The public will have access to view,listen and make comment during the meeting as it is happening via Zoom Webinar. Details about how to tune in and make comments during the meeting are on the Town's website agenda for this meeting which may be viewed at http://www.southoldtownny.gov/agendacenter. Additionally,there will be a link to the Zoom Webinar meeting at http://www.southoldtownny.gov/calendar.aspx. 10:00 A.M.-ADF VENTU RES,LLC#7475- Request for Variances from Article XXII,Section 280-116A(1)and the Building Inspector's January 25, 2021 Notice of Disapproval based on an application for a permit to construct an in-ground swimming pool at;1) located less than the code required 100 feet from the top of the bluff;located at: 17877 Soundview Avenue, (Adj.to Long Island Sound)Southold, NY.SCTM No. 1000-51-1-4.10:10 A.M. -EMILY MILLER#7476-Request for a Variance from Article XXII,Section 280-105 and the Building Inspector's November 30,2020 Notice of Disapproval based on an application for a permit to legalize an"as built" 5.2 feet pool fence in the front yard;at 1)fence more than the code permitted maximum four(4)feet when located in the front yard;located at:9575 Nassau Point Road, Cutchogue,NY,SCTM No. 1000-119- 1-3. 10:20 A.M.-MARY MCKAY#7478-Request for a Variance from Article XXIII,Section 280-124 and the Building Inspector's January 19,2021 Notice of Disapproval based on an application for a permit to construct a front porch addition to an existing single-family dwelling;at 1)located less than the code required front yard setback of 55 feet;located at:450 Castle Hill Road,(Adj.to Long Island Sound) Cutchogue, NY.SCTM No. 1000-72-1-1.8.10:30 A.M.-KEVIN AND CHRISTINE MEYERS#7479-Request _for a Variance from Article III,Section 280-15 and the Building Inspector's November 18,2020 Notice of Disapproval based on an application for a permit to legalize two"as built"accessory buildings;at 1) accessory garage located less than the code required 20 feet setback from the property line;2) accessory shed located less than the code required 20 feet setback from the property line;located at: 1985 Peconic Lane,(Adj.to Long Island Sound)Cutchogue,NY.SCTM No. 1000-74-5-7.10:40 A.M.- JESSICA AND WILLIAM MACOMBER#7480-Request for a Variance from Article XXIII,Section 280-124 and the Building Inspector's January 12,2021 Notice of Disapproval based on an application for a permit to demolish an existing single family dwelling and construct a new single family dwelling;at 1)located less than the code required single side yard setback of 15 feet;located at:4040 Deep Hole Drive,(Adj.to Deep Hole Creek) Mattituck,NY.SCTM No. 1000-115-17-4.10:50 A.M.-ISAAC ISRAEL AND JONATHAN DIVELLO#7481-Request for a Variance from Article XXIII,Section 280-124;Article XXII,Section 280- 104A;and the Building Inspector's January 22,2021 Notice of Disapproval based on an application for a permit to construct additions and alterations to an existing single family dwelling;at 1)located less than the code required front yard setback of 35 feet;located at:255 Corwin Street, Greenport,NY.SCTM No. 1000-48-1-44.2.11:00 A.M.-MATTITUCK 2012,LLC#7483-Request for Variances from Article IX, Section 280-42A and the Building Inspector's January 25, 2021 Notice of Disapproval based on an application for a permit to demolish an existing single family dwelling with a business office and construct a new single family dwelling with a business office(pest control);at 1) located less than the code required front yard setback of 100 feet;2) located less than the code required rear yard setback of 75 feet;3)located less than the code required single side yard setback of 20 feet;4)located less than the code required combined side yard setback of 45 feet; located at:36230 NYS Route 25,Cutchogue, NY.SCTM No. 1000-97-3-2.1:00 P.M.-THOMAS AND MICHELLE HART,DEEP ROOTS FARM, LLC#7485- Request for a Variance from Article III,Section 280-15B and the Building Inspector's December 16,2020 Notice of Disapproval based on an application for a permit to convert an existing accessory farm building into an accessory agricultural production building;at 1)located less than the code required minimum 25 feet setback from the property line;located at:57685 Main Road,Southold, NY.SCTM No. 1000-63-3- 17b33d05-40c6-4b6d-9cc0-7c9a6b7c3d18 kimf@southoldtownny.gov SOUTHOLD TOWN BD OF APPLS 268 AFFIDAVIT OF PUBLICATION The Suffolk Times 25.1:10 P.M. -JOSHUA A.SKREZEC AND JULIE L. ROMPEL#7482SE-Applicant requests a Special Exception under Article III,Section 280-13B(13). The Applicant is owner of subject property requesting authorization to establish an Accessory Apartment in an existing accessory structure;at:21905 Main Road,Cutchogue,NY.SCTM#1000-109-1-8.9.1:20 P.M.-BYRON ELMENDORF 474$4SE-Applicant. requests a Special Exception under Article III,Section 280-136(13). The Applicant is owner of subject property requesting authorization to maintain an Accessory Apartment in an existing accessory structure;at: 1570 Bray Avenue,Mattituck,NY.SCTM#1000-126-7-26.1,1:30 P.M.-SUFFOLK COUNTY ENERGY STORAGE II, LLC#7463SE—(Adjourned from March 18;2021) Request for a Special Exception pursuant to Article XV,Section 280-62B(5),to construct and allow for public utility structures and uses; i.e.,battery energy storage system facility;located at 69430 Main Road(NYS 25),Greenpbrt,NY SCTM No. 1000-45-5-1.The Board of Appeals will hear all,persons or their representatives,desiring to be heard at each hearing,and/or desiring to submit written statements before the conclusion of each,hearing. Each hearing will not start earlier than designated above. Files are available'for review on The Town's Weblink/Laserfiche under Zoning Board of Appeals (ZBA)\Board Actions\Pending. Click Link: http://24.38.28.228:2040/weblink/Browse.aspx?dbid=0. Contact our office at(631)765-1809,or by email:kimf@southoldtownny.govDated: March 18,2021ZONING BOARD OF APPEALS, LESLIE KANES WEISMAN,CHAIRPERSONBY:Kim E.Fuentes54375 Main Road (Office Location), P.O. Box 1179, Southold, NY 11971-0959 17b33d05-40c6-4b6d-9cc0-7c9a6b7c3d18 kimf@southoldtownny.gov SOUTHOLD TOWN BD OF APPLS 269 AFFIDAVIT OF PUBLICATION The Suffolk Times State of New York, ALM County of,Suffolk, The undersigned is the authorized designee of Andrew Olsen,the publisher of The Suffolk Times,a Daily Newspaper published in Suffolk County, New York. I certify that the'public notice,a printed copy of which is attached hereto,was printed and published in this newspaper on the following dates: } March 25,2021 This newspaper has been designated by the County Clerk of Suffolk County;as a newspaper of record in this county,and as such,is eligible to publish such notices. Signature Eliot T.Putnam Printed Name Subscribed and sworn to before me, This day of AD202 NotarySignat e S' :► STATE '• `� OF NEW YORK' _ NOTARY PUBLIC .G ALBANY ty 01 RE6398443 o Notary Public Sttn {, ••,•_ .•••So`���.� ,Ik'�i�f�`S,�N 17b33d05-40c6-4b6d-9cc0-7c9a6b7c3d18 kimf@southoldtownny.gov SOUTHOLD TOWN BD OF APPLS 267 Fuentes, Kim From: Steven <losquadrolaw@aol.com> Sent: Saturday,January 23, 2021 11:41 AM To: Fuentes, Kim Cc: Duffy, Bill Subject: Mark Terry's inquiry regarding Suffolk County Energy Storage II, LLC Kim: Thank you for sharing Mark's question about seeing a different configuration shown on the recently submitted Site-Staking Plan prepared by Land Design Associates. Initially, please let me note the following: - Suffolk County Energy Storage II, LLC's Conceptual Site Layout of record for its Special Exception Permit Application remains that which the Applicant originally submitted, and the only modification to the configuration is that presented in the aforementioned Site Staking Plan; - Suffolk County Energy Storage ll, LLC's Application for a Special Exception is based on the configuration originally presented. All calculations for the purposes of SEQRA and the suitability of the project under the zoning for the parcel are based on what the Applicant first presented;,and - During the Applicant's virtual Pre-Application meeting with Town Representatives on August 12, 2020, we advised those present that it is customary for a Battery Energy Storage System (BESS) Project Applicant to consider various alternative configurations during the course of planning such a Project, as well as to be prepared to entertain LIPA's preferred configuration, which could emerge during the forthcoming competitive proposals solicitation process. Iterative alternative configurations take into account sound, visual, stormwater, site access/egress and security, as well as constructability, value engineering and other analyses conducted during the proposed Project's evolutionary Planning and Engineering phase. One such version considered is illustrated in the aforementioned Site-Staking Plan. I repeat, however, that notwithstanding this iterative alternative configuration, the Conceptual Layout of Record upon which the Applicant relies, and the Layout on which the Application's Land Use and SEQRA calculations are based, is that first submitted along with my cover letter that accompanied the Application. Also, for Mark's benefit, I ask that you pass on that the Project's energy storage battery modules that will be placed on the Site are not, in fact, "structures" or"buildings," but, rather, fully moveable/transportable containers whose arrangement can be readily optimized to reflect some or all of the considerations mentioned above (visual, sound, stormwater, etc.), as well as the requirements dictated in a Project award that ultimately will be issued by LIPA. I hope that this explanation is helpful to both you and Mark. Please let Mark know that I will make the Applicant's design professionals, as well as its principal consultant, Bill Miller, available to speak with him at his convenience. Thank you. Best, i Steve STEVEN E. LOSQUADRO, P.C. www.losquadrolawfirm.com ATTENTION:This email came from an external source. Do not open attachments or click on links from unknown senders or unexpected emails. r ' I i I 2 BOARD MEMBERS OF SOU Southold Town Hall Leslie Kanes Weisman,Chairperson �o�� ly�l0 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes Town Annex/First Floor, Robert Lehnert,Jr. 54375 Main Road(at Youngs Avenue) Nicholas Planamento �lif'Cou � Southold,NY 11971 http://southoldtovmny.gov ZONING BOARD OF APPEALS Ta_ WN`-OF_SOTJTHOLD Tel.(631)765-1809 •Fax(631) 765-9064 MEMO TO: MELISSA SPIRO, LAN® PRESERVATION FROM: Leslie K. Weisman, ZBA Chairperson DATE: January 26, 2021 SUBJECT: Request for Comments - ZBA #7463 Suffolk County Energy Storage II, LLC The ZBA is reviewing the following application, and enclosed copies of ZBA application, and latest survey/site plan,, and request your review and comments at this time. Project Name: Suffolk County Energy Storage Il, LLC ZBA Appeal No. #7463 Address: 69430 Main Road, Greenport Zoning District Light Industrial S.C. Tax Map No.;. 1000-45-5-1 Required Zoning Relief from: Article XV, Section 280-626(5) Tentatively Scheduled Hearing: February 4, 2021 Requested Action: Proposed construction of a Battery Storage Facility (Savion Energy) located to be- located on Main Road, Greenport in a Ll Zoning District as depicted on "Project Overview' prepared by Michael J, Finan, LPE, last revised January 20, 2021. Also see Laserfiche file: TownOfSouthold\Zoning Board of Appeals (ZBA)\Board Actions\Pending\SUFFOLK COUNTY ENERGY STORAGE II -BATTERY 1000-45-5-1 http://24 38 28 2282040/weblink/Browse.aspx?dbid=0 SUFFOLK COUNTY ENERGY STORAGE II LLC #7.463SE — Request for a Special Exception pursuant to Article XV, Section 280-62B(5),'to construct a nd allow for public utility structures and uses; i.e., battery energy storage system facility; located at 69430 Main Road, (NYS Route 25), Greenport, NY SCTM No. 1000-45-5- 1. Enclosures include: • Application of Savion Energy dated_September 29, 2020, received December 18, 2020. Project Overview prepared by Michael J. Finan, LPE, last revised January 20, 2021 (C-001, C-002). • Stakes Location Plan prepared by Robert W. Brown, L.S,. dated January 14, 2021. fid 4 Fuentes, Kim From: Steven <losquadrolaw@aol.com> Sent: Thursday, October 08, 2020 1:29 AM To: Fuentes, Kim Cc: Office Administrator; Duffy, Bill; Sakarellos, Elizabeth Subject: Re: Suffolk County Energy Storage, LLC, SCTM #1000-45.-5-1 Kim: Thank you very much for your prompt review of the application. We have already begun working on what you require, and hope to be back to you soon with the necessary documents. Best, Steve STEVEN E. LOSQUADRO, P.C. www.losquadrolawfirm.com On Oct 6, 2020, at 11:39 AM, Fuentes, Kim<kimf@southoldtownny.gov>wrote: Steve, I reviewed the Special Exception Application for the above subject project that you had recently submitted to us. Below are my comments: 1. Please provide the following; a. a completed owner's consent form. (attached). b. a transactional disclosure form for the Agent—Mr. Losquadro (attached). c. LLC Documentation indicating organization's principals. d. Signed and sealed Site Plan —please review Section 280-133B of the Southold Town code for Standards in Site Plan Design. e. Signed and sealed Building Plans f. Town Property Card g. Photos after staking out corners of proposed project site. 2. In addition, you will be required to supply us with 9 copies of the complete application packets, once we deem the application is complete. i r 3. Once we receive a site plan from you, a Zoning Officer of the 1i own can determine if any area variance relief is required. I've attached an application for area variances. 9 copies of the completed package will be required from you once we deem it complete. 4. The fee for a non-residential special exception is $1,200. We can arrange for'you to replace the check already submitted ($1,000) once we determine whether area variance relief may be required. Let me know if you have any questions. Thank you. Kim E. Fuentes Secretary to the Zoning Board ofAppeals Town of Southold 54375 Main Road Southold, NY 11971 631-765-1809, Ex. 5011 E-mail:kimf@southoldtownnv aov Mail to:P.O. Box 1179,Southold, NY 11971 <Transactional Disclosure Form Agent.pdf><ZBA AREA VARIANCE AP"PLICATION.pdf><Owner Authorization Form.doc> 2 Fuentes, Kim From: Fuentes, Kim Sent: Tuesday, October 06, 2020 11:39 AM To: 'losquadrolaw@aol.com' Cc: 'losquadrolaw@gmail.com'; Duffy, Bill; Sakarellos, Elizabeth Subject: Suffolk County Energy Storage, LLC, SCTM #1000-45.-5-1 Attachments: Transactional Disclosure Form Agent.pdf, ZBA AREA VARIANCE APPLICATION.pdf, Owner Authorization Form.doc Steve, I reviewed the Special Exception Application for the above subject project that you had recently submitted to us. Below are my comments: 1. Please provide the following; a. a completed owner's consent form. (attached). b. a transactional disclosure form for the Agent—Mr. Losquadro (attached). c. LLC Documentation indicating organization's principals. d. Signed and sealed Site Plan —please review Section 280-133B of the Southold Town code for Standards in Site Plan Design. e. Signed and sealed Building Plans f. Town Property Card g. Photos after staking out corners of proposed project site. 2. In addition, you will be required to supply us with 9 copies of the complete application packets, once we deem the application is complete. 3. Once we receive a site plan from you, a Zoning Officer of the Town can determine if any area variance relief is required. I've attached an application for area variances. 9 copies of the completed package will be required from you once we deem it complete. 4. The fee for a non-residential special exception is$1,200. We can arrange for you to replace the check already submitted ($1,000) once we determine whether area variance relief may be required. Let me know if you have any questions. Thank you. Kim E. Fuentes Secretary to the Zoning Board of Appeals Town of Southold 54375 Main Road" Southold, NY 11971 631-765-1809, Ex. 5011 E-mail:kim-t@southoldtownnygov STEVEN E. LOSQUADRO ATTORNEY AT LAW 649 ROUTE 25A SUITE 4 ROCKY POINT,NEW YORK 11778 (631) 744-9070 FAX (631) 744-9421 W W W.LOSQUADROLAWFIRM.COM maea January 14, 2021 Re: Suffolk County Energy Storage II, LLC Application for a Special Exception Southold Zoning Board of Appeals February 4, 2021, 1:20 P.M. Dear Property Owner: Kindly be advised that Suffolk County Energy Storage II, LLC will have a Hearing via video conferencing before the Zoning Board of Appeals of the Town of Southold on February 4, 2021 at 1:20 P.M. A copy of a Notice from the Zoning Board of Appeals is enclosed for your review, and a weblink to the February 4, 2021 meeting will be provided on the Town's Website under the date of the meeting. Also enclosed is a copy of a Plan for the Site as well as Laserfiche Instructions for the Zoning Board of Appeals. Please note that written comments may be submitted to the Zoning Board of Appeals at the address set forth on the Notice or by e-mail to kimf@southoldtownny.gov or Elizabeth.sakarellos@town.southold.nv.us. Further, please be aware that pending applications before the Zoning Board of Appeals may be viewed by way of the following link: http://24.38.28.228:2040/weblink/Browse.aspx?dbid=0. Moreover,the Zoning Board of Appeals may be contacted by telephone at 631-765- 1809. Weare Attorneys for the Applicant, Suffolk County Energy Storage II, LLC, and may be contacted via the information contained above. Thank you. Sincerely, Steven Losquadro BOARD MEMBERS ®F so Southold Town Hall Leslie Kanes Weisman,Chairperson �� �® 53095 Main Road-P.O.Box 1179 �® �® Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes ee9 ac Town Annex/First Floor, Robert Lehnert,Jr. • aQ 54375 Main Road(at Youngs Avenue) Nicholas Planamento ��c®U Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809-Fax(631)765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, FEBRUARY 4, 2021 PUBLIC HEARING Due to public health and safety concerns related to COVID-19, the Zoning Board of Appeals will not be meeting in-person. In accordance with the Governor's Executive Order 202.1, the FEBRUARY 4, 2021 Zoning Board of Appeals meeting will be held via video conferencing, and a transcript will be provided at a later date. The public will have access to view, listen and make comment during the meeting as it is happening via Zoom. Details about how to tune in and make comments during the meeting are on the Town's website agenda for this meeting which may be viewed at http://www.southoldtownnv.gov/agendacenter. Additionally, there will be a link to the Webinar Zoom meeting at http://www.southoldtownnv.qov/calendar.aspx. If you do not have access to a computer or smartphone, there is an option to listen in via telephone. 1.20 P.M. - SUFFOLK COUNTY ENERGY STORAGE II, LLC #7463SE — Request for a Special Exception pursuant to Article XV, Section 280-62B(5), to construct and allow for public utility structures and uses; i.e., battery energy storage system facility; located at 69430 Main Road (NYS 25), Greenport, NY SCTM No. 1000-45-5-1. The Board of Appeals will hear all persons or their representatives,desiring to be heard at each hearing,and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review on The Town's Weblink/Laserfiche under Zoning Board of Appeals(ZBA)\Board Actions\Pending. Click Link: http•//24 38 28 228:2040/weblink/Browse.aspx?dbid=0. If you have questions, please telephone our office at(631)765-1809, or by email:kimf@southoldtownny.gov Dated: January 21, 2021 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Kim E. Fuentes 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 BOARD MEMBERS ®f so Southold Town Hall Leslie Kanes Weisman,Chairperson 5309.5 Main Road•P.O.Box 1179 �® �® Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes Town Annex/First Floor, Robert Lehnert,Jr. 5437.5 Main Road(at Youngs Avenue) Nicholas Planamento ��'C®� Southold,NY 11971 9 http://southoldtowiiny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809 •Fax(631) 765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, MARCH 4, 2021 PUBLIC HEARING Due to public health and safety concerns related to COVID-19, the Zoning Board of Appeals will not be meeting in-person. In accordance with the Governor's Executive Order 202.1, the MARCH 4, 2021 Zoning Board of Appeals meeting will be held via video conferencing, and a transcript will be provided at a later date. The public will have access to view, listen and make comment during the meeting as it is happening via Zoom. Details about how to tune in and make comments during the meeting are on the Town's website agenda for this meeting which may be viewed at http://www.southoldtownnv.qov/agendacenter. Additionally, there will be a link to the Webinar Zoom meeting at http://www.southoldtownnv.qov/calendar.aspx. If you do not have access to a computer or smartphone, there is an option to listen in via telephone. 1:50 P.M. - SUFFOLK COUNTY ENERGY STORAGE II, LLC #7463SE — Request for a Special Exception pursuant to Article XV, Section 280-62B(5), to construct and allow for public utility structures and uses; i.e., battery energy storage system facility; located at 69430 Main Road (NYS 25), Greenport, NY SCTM No. 1000-45-5-1. The Board of Appeals will hear all persons or their representatives, desiring to be heard at each hearing,and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review on The Town's Weblink/Laserfiche under Zoning Board of Appeals(ZBA)\Board Actions\Pending. Click Link:http://24.38.28.228:2040/weblink/Browse.aspx?dbid=0. If you have questions, please telephone our office at(631)765-1809,or by email:kimf@southoldtownny.gov Dated: February 18, 2021 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Kim E. Fuentes 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 BOARD MEMBERS '- 6outhold Town Hall Leslie Kanes Weisman,Chairperson ®��®� ®Ur�O®1 53095 Main Road•P.O.Box 1179 ® Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes Town Annex/First Floor, Robert Lehnert,Jr. ® �� 54375 Main Road(at Youngs Avenue) Nicholas Planamento ®��c®U Southold,NY 11971 http://southoldtowimy.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809 •Fax(631) 765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, APRIL 1, 2021 PUBLIC HEARING Due to public health and safety concerns related to COVID-19, the Zoning Board of Appeals will not be meeting in-person. In accordance with the Governor's Executive Order 202.1,the APRIL 1, 2021 Zoning Board of Appeals meeting will be held via video conferencing, and a transcript will be provided at a later date. The public will have access to view, listen and make comment during the meeting as it is happening via Zoom. Details about how to tune in and make comments during the meeting are on the Town's website agenda for this meeting which may be viewed at http://www.southoldtownnv.qov/agendacenter. Additionally, there will be a link to the Webinar Zoom meeting at http://www.southoldtownnv.qov/calendar.aspx. If you do not have access to a computer or smartphone, there is an option to listen in via telephone. 1:30 P.M. - SUFFOLK COUNTY ENERGY STORAGE II, LLC #7463SE — (Adjourned from March 18, 2021) Request for a Special Exception pursuant to Article XV, Section 280- 62B(5), to construct and allow for public utility structures and uses; i.e., battery energy storage system facility; located at 69430 Main Road (NYS 25), Greenport, NY SCTM No. 1000-45-5-1. The Board of Appeals will hear all persons or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review on The Town's Weblink/Laserfiche under Zoning Board of Appeals(ZBA)\Board Actions\Pending. Click Link:http•//24 38 28 228:2040/weblink/Browse.aspx?dbid=0. If you have questions, please telephone our office at(631)765-1809, or by email:kimf@southoldtownny.gov Dated: March 18, 2021 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Kim E. Fuentes 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 � E FQ 7 Town Hall Annex, 54375 NYS Route 25 P.O.Box 1179 Southold,New York 11971-0959 Fax(631) 765-9064 ZONING BOARD OF APPEALS � DATE: February 1 2021 RE: INSTRUCTIONS FOR PUBLIC HEARING The following policies are required by New York State Law Dear Applicant; Due to public health and safety concerns related to COVID-19, the Zoning Board of Appeals will not be meeting in-person. In accordance with the Governor's Executive Order 202.1, the MARCH 4, 2021 Zoning Board of Appeals Regular Meeting will be held via video conferencing (Zoom Webinar), and a transcript will be provided at a later date. The public will have an opportunity to see and hear the meeting live, and make comments. fix,'- `e^ :' - ��:�in�� rcc�•° ,w &d,.+., :�lw+,a t e,...re4�; j"`•"• Cy f.,,7.�vr. + 4, a :� � + t : ' blies Fuc1.£, elude := 1. Yellow sign to post on your property a minimum of seven ( ) days prior to your hearing, to be placed not more than 10 feet from the front property line (within your property) bordering the street. If you border more than one street or roadway, an extra sign is supplied for posting on both street frontages. Posting should be done no later than February 24, 2021. To avoid weather damage to your sign please affix it to a sturdy surface such as plywood. If your sign is damaged please call the office and we will provide you with another one. Prior to your public hearing, members of the Board of Appeals will each conduct a personal inspection of your property. If a Board member reports that there is no signage visibly on display as required by law, your scheduled hearing will be adjourned to a later date to ensure compliance with Chapter 55-1 (B) 1 of the Town Code. 2. SC Tax Map with property numbers. 3. Legal Notice of video conference meeting. Instructions for participation will follow, and will be posted on the Town's Website under the meeting date, and the Legal Notice section of Suffolk Times Newspaper. 4. Affidavits of Mailings and Posting to be completed by you, notarized, and returned to our office by February 25, 2021, verifying that you have properly mailed and posted. Please attach a photograph of the posting on your property with your affidavit of posting. 5. Instructions for Laserfiche/Weblink to view application. a I� Instructions for ZBA Public Hearing- Page 2 Please send by'x ` E1° 'jA_ .:`•'vi kyle. i'Reci� the following documents to all owners of property (tax map with property numbers enclosed) vacant or improved, which abuts and any property which is across from any public or private street. We ask that you send your mailings promptly so that if any piece is undeliverable, you can reach out to your neighbors to request their mailing addresses, and re-mail. Mailing to be done by February 19, 2021. a. Legal Notice informing interested parties of meeting being conducted via video conferencing. (Enclosed) A WEBLINK to the meeting will be provided on the Town's Website under the date of the meeting. b. Your Cover Letter which should include your contact information, date and time of hearing, procedures for submitting written comment via email or USPS to our office. Recipients should be able to contact you for additional information. Furthermore, if recipients need to contact the ZBA staff, they may telephone 631-765-1809 or email us at kimf@southoldtommU.gov or elizabeth.sakarellos(cr�town.southold.ny.us c. Instructions for Laserfiche/Weblink to view all pending applications. (Enclosed) Link to view pending applications: http://24.38.28.228:2040/weblinkBrowse.aspx?dbid=0. d. Survey or Site Plan depicting "as-built" and proposed improvements requiring ZBA relief. The Town's Laserfiche/Weblink files provides both location addresses and mailing addresses in their current Assessment Roll listing. (See Link Below). Also, the Town Assessor's Office can be reached at 631-765-1937. Contact us via email or by phone if you need further assistance. TownOfSouthold>Assessors>Assessment Books/Tax Rolls >2010-2019>2019 http://24.38.28.228:2040/weblink/0/doc/I022250/Pa eg l aspx. � ... ;y -* #r,� - 'ss,.z a�F.� �;' wt t�„ s:.,� ' -,�7�`9��+3;� '�'�:_i'°',,. •�,.�.,f- �n-kM'��-' my*�,ls ,:�,.: 'ab?svYT _ _+a'iw`"�:+.+�''=y, :s1.` §?�•",zr.`5;:w?,' _;—�'yt-'�'+?'+;k 3;-0,�:_ „� -..��,�,'ra:tea:q .c'•a`,,�,�- `�>;rs.;f _ it.' --,�'<`=` ,4z .� ..� •'`':,`- �•�y f.c .,:.. r3 'Y`• " s wrn�� "'d a,�5 .,iC'aa`ci: ,r#r�„ ,. `r,�.•,,:�"s.X'�`-'..:.�,'�t x.�`` ,:ari ;,t;C, t kh*r � ?t 3 ,�z. �e �•n�. a«r `L � ','v`.^ �S',.'"k. '"', 0. 1� ,�.t+`} ��;N,:° �g, ,�' r�raCi;,.,:•r: %�:'�"'� •,. tet;�.1 i'x^.�s, . N'^. - "�'�Ft,^�ta;;��"` �;.,. ��,,.,.� a u u?„, `<` tr 7r �a�'' T•'hv 4f"S,> �,t`a"'+ t�l;: i9 t x ;v F >�+rf.-tm:•t.' t f'3,`,*,, 1 „� t � �lF` t �`''�=w`�` ��-t:G'-. ^�`�a".��'.r- r_•t' �i. a i.-�=;'� 4Ta`` ��,--. _e., .;r.;'t..,"k.E`.•� „�,'_ bus-', "r a ��qY ''x a +{ ��,�-,�� (,� p-i'4F'�, �ti.::t :r� �fk -� "'��., .if+i.t4i:�/'^v,"'$'.:d'•s g ir ...S,, a- 7.7,`�,�9.�Ip;[.j{����i;: �a,4�j��,��a�i.� w,�:f.:,; s�e•*. a� r. ,:.'�"tA iK.� -� y7a'.:.,=`,'r.:�.,•x:. �,.yx _ r-'•«;,. . ..�,�,�..t �:+, �-:.a'-+,'"�;F�;"-;;z.�.`-r?` s 4�"i•-„ ..' ,,,- ''•�� :�: �:i ,�.t� .h,- ;z'ry::. tr..'. :X y'�' "...i,.`.-c.3��ti,^.;.t �a'2�y'� -�z•-�2`."., s;•' r z� ,'�-:�ti".� '.n�i' - S'ti�, .,68'Y��r 'w*'a� �g,'��„^” i��F;�� cc��;;,,,, +�.+ �; c_,Y; d �5.;'a� { 7t v,�.. �;�.}• ,�,yrr�** `S y'w.'h• ..r'LY !r k2`Lr..g:�''ii 4.tti. I �.i• .�.. Sly- :� 5,,.,q Please note that without your mailing receipts, the ZBA will be prevented from conducting your hearing,pursuant to Chapter 55 of the Southold Town Code and New York State Law. Please be reminded that New York State Law requires the ZBA to follow the above specific policies. If for any reason, you are unable to prepare for your public hearing as instructed, please let us know. Kim E. Fuentes Board Assistant i Town Hall Annex, 54375 NYS Route 25 P.O.Box 1179 Southold,New York 11971 0959 ® ® Fax(631)765-9064 ZONING BOARD OF APPEALS A L06 DATE: March 1, 2021 RE: INSTRUCTIONS FOR PUBLIC HEARING The following policies are required by New York State Law Dear Applicant; Due to public health and safety concerns related to COVID-19, the Zoning Board of Appeals will not be meeting in-person. In accordance with the Governor's Executive Order 202.1, the April 112021 Zoning Board of Appeals Regular Meeting will be held via video conferencing (Zoom Webinar), and a transcript will be provided at a later date. The public will have an opportunity to see and hear the meeting live, and make comments. Below, please see, instructions for the video conference hearing and material required,to prepare, for the ZBA public hearing which includes:` PLEASE RFADY CARIkFULLI'. 1. Yellow sign to post on your property a minimum of seven (7) days prior to your hearing, to be placed not more than 10 feet from the front property line (within your property) bordering the street. If you border more than one street or roadway, an extra sign is supplied for posting on both street frontages. Posting should be done no later than March 24, 2021. To avoid weather damage to your sign please affix it to a sturdy surface such as plywood. If your sign is damaged please call the office and we will provide you with another one. Prior to your public hearing, members of the Board of Appeals will each conduct a personal inspection of your property. If a Board member reports that there is no signage visibly on display as required by law, your scheduled hearing will be adjourned to a later date to ensure compliance with Chapter 55-1 (B) 1 of the Town Code. 2. SC Tax Map with property numbers. 3. Legal Notice of video conference meeting. Instructions for participation will follow, and will be posted on the Town's Website under the meeting date, and the Legal Notice section of Suffolk Times Newspaper. 4. Affidavits of Mailings and Posting to be completed by you, notarized, and returned to our office by March 24, 2021, verifying that you have properly mailed and posted. Please attach a photograph of the posting on your property with your affidavit of posting. 5. Instructions for Laserfiche/Weblink to view application. Instructions for ZBA Public Hearing Page 2 �1 Please send by SPS Certified Mail,Return_Recein the following documents to all owners of property (tax map with property numbers enclosed) vacant or improved, which abuts and any property which is across from any public or private street. We ask that you send your mailings promptly so that if any piece is undeliverable, you can reach out to your neighbors to request their mailing addresses, and re-mail. Mailing to be done by March 15,2021. a. Legal Notice informing interested parties of meeting being conducted via video conferencing. (Enclosed) A WEBLINK to the meeting will be provided on the Town's Website under the date of the meeting. b. Your Cover Letter which should include your contact information, date and time of hearing, procedures for submitting written comment via email or USPS to our office. Recipients should be able to contact you for additional information. Furthermore, if recipients need to contact the ZBA staff, they may telephone 631-765-1809 or email us at kimf@southoldtoLAM.gov ov or elizabeth.sakarellos(ir),town.southold.ny.us c. Instructions for Laserfiche/Weblink to view all pending applications. (Enclosed) Link to view pending applications: http://24.38.28.228:2040/weblink/Browse.aspx?dbid=0. d. Survey or Site Plan depicting "as-built" and proposed improvements requiring ZBA relief. The Town's Laserfiche/Weblink files provides both location addresses and mailing addresses in their current Assessment Roll listing. (See Link Below). Also, the Town Assessor's Office can be reached at 631-765-1937. Contact us via email or by phone if you need further assistance. TownOfSouthold>Assessors >Assessment Books/Tax Rolls,> 2010-2019 >2019 http://24.38.28.228:2040/weblink/O/doc/I022250/Pa el.aspx. IMPORTANT INSTRUCTIONS: Scan and email the USPS mailing receipts, green signature cards and affidavits to kimfAsoutholdtownny:go ; and, ** PRO the_ORLO�TALS_to the,Town._of Southi�ld;_ZB.A;�.O'.�og79,.�ou_t�Qld,.� 97_l� Please note that without your mailing receipts, the ZBA will be prevented from conducting your hearing,pursuant to Chapter-55 of the Southold Town Code and New York State Law. Please be reminded that New York State Law requires the ZBA to follow the above specific policies. If for any reason, you are unable to prepare for your public hearing as instructed, please let us know. Kim E. Fuentes Board Assistant y BOARD MEMBERS "outhold Town Hall Leslie Kanes Weisman,Chairperson ��OF"SO(/ryO 53095 Main Road•P.O.Box 1179 Southold,NY 11971-09.59 f Patricia Acampora Office Location: Eric Dantes wur Town Annex/First Floor, Robert Lehnert,Jr. � • �O 54375 Main Road(at Youngs Avenue) Nicholas Planamento IyCOU Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD 00' Tel.(631)765-1809,Fax(631)765-9064 " January 4, 2021 Dear Applicant; Due to public health and safety concerns related to COVID-19, the Zoning Board of Appeals will not be meeting in-person. In accordance with the Governor's Executive Order 202.1, the February 4,-2021 Zoning Board of Appeals Regular Meeting will be held via video conferencing (Zoom Webinar), and a transcript will be provided at a later date. The public will have an opportunity to see and hear the meeting live, and make comments. Below, please see instructions for the video conference hearing,arid.material required to prepare for the ZBA public hearing which includes: PLEASE READ CAREFULLY. 1. Yellow sign to post on your property a mininium-of"seven('n days prior to your hearing,to be placed not more than,10 feet from the front property line (within your,property) bordering the street. If you border more than one street or roadway, an extra sign is supplied for posting on both street frontages. Posting should be done no,later than January. 28,-2021. To avoid weather damage to your sign please-affix it to a sturdy surface such as plywood.If your sign is damaged please,call the office and we will provide you*ith another_ one. Prior to your public hearing, members of the. Board of Appeals will each conduct a personal inspection of your property.If a Board-member-reports that there is no signage visibly on display as required by law,your scheduled hearing will be adjourned to a later date to ensure compliance with Chapter 55-1 (B)-1 of the Town Code. 2. SC Tax Map with property numbers. 3. Legal Notice of video conference meeting. Instructions for participation will follow, and will be posted on the Town's Website under the meeting date, and the Legal Notice section of Suffolk Times Newspaper. 4. Affidavits of Mailings and Posting to be completed by you, notarized, and returned to our office by January 25,2021,verifying that you have properly mailed and posted.Please attach a photograph of the posting on your property with your affidavit of posting. 5. Instructions for Laserfiche/Weblink to view application. MInstructions for,ZBA_FuWicHearin Page 2 7 Please send by USPS Certified Mail, Return Receipt the following documents`to all owners of property (tax map with property numbers enclosed) vacant or improved, which abuts and any property which is across from any public or private street. We ask that you send your mailings promptly so that if any piece is undeliverable,you can reach out to your neighbors to request their mailing addresses, and re-mail. Mailing to be done,by January 19,2021. E a. Legal Notice informing'interested parties of meeting being conducted via video conferencing. (Enclosed) A WEBLINK to the meeting will be provided on the Town's Website under the date of the meeting. b. Your Cover Letter which should include your contact information, date and time of hearing, procedures for submitting written comment via email or USPS to our office. Recipients should be able to contact you for additional information. Furthermore, if recipients need to contact the ZBA staff,they-may telephone 631-765-1809 or email us at kimfnsoutholdtownny:gov or elizabeth.sakarellos&town.southold.ny.us c. Instructions for'Laserfiche/Weblink to view all pending applications. (Enclosed) Link to view pending applications: http://24.38.28.228:2040/weblink/Browse.aspx?dbid=0. d. Survey or Site Plan depicting"as-built" and proposed improvements requiring ZBA relief. The Town's Laserfiche/Weblink files provides both location addresses and mailing addresses in their current Assessment Roll listing.'(See Link Below). Also,the Town Assessor's Office can be reached at 631-765-1937, Contact us via email or by phone if you need further assistance. TownOfSouthold�?m'Assessors� Assessment Books/Tax Rolls y-,2010-2019��'2019 http://24.38.28.228:2040/weblink/0/doc/1022250/Pa eg 1_aw)c. IMPORTANT INSTRUCTIONS: Scan and email the USPS mailing receipts, green signature cards and affidavits to kimfna,southoldtoM=.gov, and promptly USPS mail the originals to the Town of Southold ZBA, P.O. Box 1179, Southold,NY 11971. Please note that without your mailing receipts, the ZBA will he prevented from conducting your hearing pursuant to New York State Law. Please be reminded that New York State Law requires the ZBA to follow the above specific policies. If for any reason,you are unable to prepare for your public hearing as instructed, please let us know. Sincerely, Kim E. Fuentes Board Assistant kimf@southoldtownn.gov l Laserfiche Instructions for Zoning Board of Appeals Records r +4 , Above: Ho'rnepage, Click on Link"Town Records"Weblink/Laserfi'che ; ,!_ase'r`ilalieWe6Link`:- , . � ���_- � °- _•,i�judx'i,1m�;°h.........a Home: liraut5 Searcll• - .',`TdwilpfgpllChald PagemrU- TownOfSouthold — ---- — -- — -- — IEEE I:"=_F"_teb To Clerk -- - - -. -- -"'-----� t ••N•w: .-c.:.3u,c�:•-s -.•P, Toren Historian Path .a Trustees r 5 Town&Swthold - _ 4• - ZorJ�B Board ofAppeals(2BA1 ' Creation date LL't. _... _- ----- - — ——-- ------- ------ Str.J2014t1,5241A61 -- ' - 29EnME5 i"`� Page 2 of 2 'First';av t Lau modifled 1112l201761627Ari KiCt8A3t2-_ - '__• -;—____—_ _ __ c_o: mgr,ra.,.rc�r�ya..oa�i'b:.,aa,.i>ku,.4za lsm-tot:uew^:,a.a4�a.;p.-..a.'• � _ _ -- y _ -- � _ �e ' Above: -The-second of two pages you will find "Zoning Board of Appeals (ZBA)" in the list of Town of Southold Departments. Click the Zoning Board of Appeals (ZBA)f®Idee/link. lche Instructions ZBABA Files Page 2 LaserfCheWebUnk'� Mrweeun ,'HetR,l.rbou%i',s�bn Home 'Brome ySearch - «TvxnOiSnudwld i Zonlrig Boara bfAppeal5(2E4 - -_ _.__. .-._..»:.., .-.._ .......=s....._._........_._._._._....T«—___'T- _" '4 qt...,`kms ,�<-n�.'' Zoning Board of Appeals' Nave _ �Pagecounty T°IIgf .1,t""mR M; . .RNIA (ZBA) �' „t fa nphaBoard Actionsical e r.: j 3 LamdlLhe search Gulden j Path ,'' - - - - - - - ------- ' M]Meedg n Schedules TownO(souttmld¢omng Baa �• ( , , of Appeals(ZBA) 1', MIMAWAgendas&egal NouceMeamp ' Creation date ti; Pending _ 7110R00112:17:16PM ! _ _......... ....__..... .. ... ... .. ' - Last madlBed ... .._..., ,. 5/231201711.07:14 AM i- C3 special Event Pemuts i.---;..i.,-z-_.•.--_.•-- _•..—... �`'- 12;7 halting Re4uUement.ZBA01114a15 ttada $.a:..«,.�.LS._.u.• ",r'-1 (l 2BA Pofxles ----- ---_."-'-- - - -—-- .'"-- •-- -.__. - -- --- - '------ i m metadsta assigned Otceptiom tht Code 280-tOC(1) _ t i xedlwe&Ilueltss i`i ZBA Book of Mapped 1977 Exlsdng Lots - 589 "iaNl�/PaPPsm"seestlT I'( BuOc schedules S Agreements,Comncts8teases j . Page 1 of 1 - "T —1a Entries Above: Listed are types of records under ZBA Folder. ZBA Decisions can be found under Board Actions. Click on 'Board Actions"folder to open., �y}``:.j�`•!-*_�S;;�K'+-- "..4':�F't`sG...?L:G vLYY`Sx:\�£.:e-4 1 "z � '4`"J3a.:�:r�.ls5�`wCa�nFyYvy&:Y.Sf-'sti �lhr" �"s� ':kP ,; : h2� -+f4^..r,.:'vt'Mw:.'!nnk`€4Cr'S'r..h-�' fi�t*,.�"'at iuT"f.,fTF.,t.t,ey_",.^.:C»"'.A'R-'.s.0"-.^__•••1axY...�.i�.`<k''v i^x4ZY,-f.;•.g2`£if' LxmRS ' tO�ajerXe n 'r1Y�b0u n1Ka •� 5II'JfSf5b1 aaa'r.'^s=.�;�:1.t. ."�' .:.,'�;..er�eG ,e > ::..,W .....�»�r+w;rLTi';Nst•`, i,� Laser#00 Ve14ir�� F; fiome:Tiaws sltarC)t'. '• , F vnti b boli! n,4 Baa' a f oatc' fsFii y Penni mza�' 1 i Vending, ,`.4 8x' �` * ` C ;;-= lb 9025MAIN WAtf,CLCrCditN�11 '�:..�+.: c,:: ..»,...�::a:aW.�<.:...�� �{„f.x&'L:iFF.�'fY'Y;1,1lFith�vti„•_ --..., .,_�._.,.�.----'- --.,.--`-'- ”--'- -._�_ �__,�. - --.,,_ P-ath. : ` ^JEiu1CA0.-SD d Ll C.. •� .<W, �;pECi�N)GfCEtYCl.)N73�tUCiC Creation date -:' '�;p7,370•FreUd f0(HP#Z$=>�6 ig CastmoTllfiecl i '� '�'67379•sdhit)t>i15Eas€`1o00::133�f; ----------- i 6t912f)20.3a58:58PM73B3SPBier"�006y9S83 —i i �` 73895E-fINFResPtts fdjCOr�ResGrLs-Campgiokind-1000Q0-39- �.:��-...,p..No metadata assljmed- 4 e° Y+i 'a i7386866ffayvieu'fthWeiLe 1600-97.510.1' 4,7887144&d ornOr-100041-4-1 57X87'"comer-snE PLAN.,Arch Pians 1000.61-4.1 - i #7389 Ben(c 1 000-711 ;4 do#7406•NapPa 1900-8&)-1.5 ! 1 Pagel of 11 Above, Lists all Pending Applications under Board Actions/Pending URL Address, Link is http://24.38.28.228:2040/weblink/Browse.aspx?dbid=0 1 3�Laserfiche Instructions ^� ZBA Files Page 3 La serfiche,WebLmk ry o ttYWebk rr pintori,3gnan' 'Home wowse ••search - TownMouthold>Zoning BoaMofpppeafl(ZBA) BoardAcbons � ecount .1979 �-_"-d Name ya Board actions � Page 1957 , �rEtltrYP7opArtfes�.' •'�'':a� -----_----- - -_— ---- — --- ------- ----- ---—------ --------'------------- -c.-'i`�= 1990.1999 j Path ); roofsouttloldl Board I,�_-��--2000 ano j of Appeals fZf34)\Boald AcdOtE k..v� M12001 icreation date (( M 2002 y" 711=0011221:5SPM i+ Last modified _ 1 ta 2004 -( 1 =U201711,3607AM ii �j zoos Ir 2006 a: FE 2007 NometaJataasstgned ----- ------ ------- _------------ -----------.'_ zoos - -- — - — ----- --—-- --- ---`—-------- — 2009 -'-- ----- -_.— ------'-------_.__.___--_----- --_ ---_-- -------'-_-- .&Results- Rn 2010 - --- -'-- -------_-` -_----__----- ------- -'-` - _--_ _.` .---------------'__---- iWJ ap smeafdUaeQ i � M 2011 ' M 2012 Ll 2013 FM2014 - — ------- —` ---------- - ------- — --- '-------------------------- ` 2ws )� '1 2016 ----— ------------ fg 20t7 vending is fi Above: Board Actions are listed by year. Click folder to open, All Special Exception applications that require Coordinated SEQRA Analysis are stored in "Pending". - im11e-.erokse:f lean11::1',�,`-Tal906d1dhNd>2dmng BOsnto(Appwslt2eatYawrd Actbns>•YPtr• _ - , - _ ,_ _ -----;fes' 201 `aa: emote rawm oath '�war a4 owraumro af.5ppaahlYilAp9wr0 i 1 �loot __ __ 1W - BwM utrors _. - _ _ _ It16an1m17 i 7009 ffi - flwreilceoiu .- - - OTatbndale � - �mit 7! Be>•<.n�s LOR IMeekd A 7012 +�'!S awrdktlav Gr"Mi2%2&51 AfA [ i®]Ota tie Owrd!alms 9oarElc9ans Ooardl+aom No Md Sita.09-j i 1;�%018 %'- Bwrdhtaits r�t?rola � _ ewre— M mm s4 tlmrdKtlan ----- W rote as eoa,axlw.s - 2.9 BandMUac f lose 7a awaxmm M7 w ewrd—. ad lose a3 ew.d—g �Ton n eoarorsaroas Above: See listed File Numbers. Click on file you are searching. ,r X. Laserfiche Instructions ZBA Files Page 4 msrhal w• Above: In addition searching by file no.You can also use the above search tool by typing the name or title of the applicant. 'Lasirfiche WebUnk, caaamIz.search — `y Sort results by Relevance !Records Managemem Search I�' 7016 I Field name Board Actions-83 pagefs) I Gxwse Page count*83 Template name:Board Actions to qW Nit I ,1 Page 3 eglin and Kristen Cashel PROPERTY LOCATION 162 Lower Shingle Hill,Fisher.. j "-- Page 19201707016,Cashel SCTMN01000.9.1-26minlmusapprovaltoremo. Page 5 y 19,2017?7016.Cashel SCTM No 10D0.9.1-26 GRANT,thevarianCes as -� Search horns Page 9 .COLIN&KRISTEN CASHEL SECTION 009 BLOC_ Page 20,Thomas Ahlgren(Cashell,PO Box 342 Fishers Wand.NY . Show more Information. 97018 + Board Actions-56 page(s) Pagecount56 Template name.Board Actions Page 48•9:30 A M.{OLIN CASHEL AND Variances under Article ld5ectiod ANN- , Page 48.•ance(s)KRISTEN CASHELS7016-Request proposed tralllc located In other tha... - `,I Show more Information_. - Above: Shows you files that can be found using a phrase, name or title. Or you can search by Tax Map No. (District, Block and Lot) using the format 1000-111.-1-1. r - Laserfkhe WQbLink _ %Liti4 t I Help 1 Abq t1 sq Home -gr6wse_ Searith Town0f5outhold>Zoning Board of Appeals(ZBA)>Minutes/4nAasiLegal NoticeslHeatings. ' Name Pagecount .4� ZR ria t;'My^lb:' ,+f�' •�`'nR ` F'. Mmu[es/Agendas/Legal s I � Notices/Hearings M 1957.1979 S R;Entry Properties Y J r 3 1180-9 - i M 2000-2009 j Path i 1�2010 - - TownOtSouthollMoningBoard ._ l ofAppeafs j I I�2011 -- (ZBA)VAInutes/AgeriddMegal 1 ?2012 NodcesAleadngs I Creation date 1, M 2013 7110(2001 257 40 PM I i R,2014 y Last modified ied ! I e9 2015 12/16/20162.15-14 PM f ?j 2016 ,Metadata 2017 ----- --- ---- --- ---- t D2 No meradala assigned ,4 Page 1 of 1 _ I i Enu - _ - _ , - . .,ee>u:yo+e.dqu.sww.ecwsclsmx:ni tmC2s.rnn�w.,.ei-,-�:.'.''_•;- Above:Also, Minutes,Agendas, and Hearing Transcripts can be viewed. P 1 Ob Laserfiche Instructions ZBA Files Page 5 LaSertkhe'WebLipk _ ME — e - _ MyiMeSu�k i HMp i�nhout 1� Home`�'Browse"Search `_TainmQKouiho,d>'7.oning Board i�fAPPRBN>NGmtteslAgmdasFLegal Nottcesff-Iearir>gs>2017y�;,,, - _--_ �;. - - - 2017 �� Name - ,.t�Pare count�� ®7BA-01/05/20t7Agenda 4 . �S Path t _ f;?} ZBA-0im5/2017 Hearing .•_ 40 TOwnOfSou@wldlZoning Board ! -. - ._ _ _ _ ___ _. _ __ .-._ O(Appeal5 f.i1 a ZaA-0V=017 LN 3 f UBAN"nutestAgendas/Legal Q 26W1/19/2017 -- --- - -- --_2_. -- �i Nobce&%ear1ngs12017 Creation date @ ZBA-0111912017 Agenda 2 <^- 12/16/2016 2.15-i4 PPd F:} Q x-02/02/2017 7 Last trrodl0ed C1 ZOA-02/02R017 Agenda 4 .I 61191201745159PM i,.,l gQ.Z6w2MM017Hearing ---- -- - -- -45~ - - MLl ZBA-02/0WO17 LN 3 ZBA-02/16r2017 Agenda 3 l NO metadata assigned l ( ZBA-02/16/20175pedal - - -3. ndurt BLP.eu(ts I ZBA-03/02/2017 7 ZI 2eA-ONO2/2017Agenda 4 - .F } ZBA-03/02/2017 Hearing 65 Z0A-03/07/T017 LN 3 .`1 lU ZOA-03/16/2017Ag--da 3 �i ZBA-03/16120175pedal _._.3. ZSA4VO&2017 5 ZBA 04/06I2017 Agenda 4 El ZBA'41/O6/2017 Hearing 45 Above: Agendas, Minutes and Transcripts are in chronological order. Revised 6/15/2020 NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals VIA ZOOM WEBINAR - REFER TO ZBA WEBSITE FOR AGENDA on http: southoldtownny,sn NAME: SUFFOLK COUNTY ENERGY STORAGE 11, LLC #7463SE SCTM #: 100045-5-1 VARIANCE: SPECIAL EXCEPTION REQUEST: CONSTRUCT & ALLOW FOR BATTERY ENERGY STORAGE SYSTEM FACILITY DATE: THURS. FEB. 49 2021 1:20 PM You may review the file(s) on the town's website under Town RecordsNveblink: ZBA/ Board Actions/ PendingJAN 21 2021 ZBA Office telephone (631 ) 765-1809 { f k` t. e . . w n - J s s •. a � _.v e Y , - w•, T � Mlk I- K*3 y:,' #1.yr'�� !� fir' s. yy',. ��. ',`Y �� .� * �� ''�S�3w�a:r i�a •!r_ _� a - '� �- ��+s >_,y�. s .., R►i � _. �,�` 1 .:'J.._ ` a 7i+.._f' 7��fi�► .vs#l� .�. -.*� �' Via;►?�` -i y r• t AT DROSSOS . ♦ .� -- .t.tip„ a ,' _.l.I}' .Y1 • .L yi fT. '`'• �slv yt J - v - � •*:tea -' G'Qt- ��..�:. ACL. 3 xy � o ,w IV I" a NOTICE OF HEARING .a' . -- 'The following application will be heard by the Southold Town Board of Appeals VIA ZOOM dEBINAR - REFER TO ZBA WEBSITE FOR AGENDA on http: southoldtownny.gov NAME: SUFFOLK COUNTY ENERGY STORAGE IIV4-LC #7463SE SCTM #: 1000-45-5-1 VARIANCE: SPECIAL CIAL EXCEPTION REQUEST: CONSTRUCT & ALLOW FOR BATTERY ENERGY STORAGE SYSTEM FACILITY DATE: THURS. MARCH 49 2021 1 :50 PM You may review the file(s) on the'itown's website under Town Records/Weblink: ZBA/ Board Actions/ Pending. ZBA Office telephone (631) 765-1809 A r:C:EIVED 9 2PWil q A A . IG�q raitwi 7 7 Ap � t'A ".')w /�►� s'* •tY v d) t ..crrr �t�:, #iµ. rl '•f+�TiO t :.� s.' !'gs 3,;, a"F%t , a+.-- S''�•�i Moa�4 .s�k � t f �,�)�y .� � t4 ` i1�, r •� �� .� y r r� �t �� �J. YgS.f, 4� ,il�R,P' lry��� � � }x M. +�,n` �'...� �! �jd q, )i, ��� a�f'�� �• ) � �' A ,��,� i' •��7' ' '`i,.�i'rk�il�q,` � �',{id � : i. • o"� 48 )rlz ,71�,'f 'Yby`�.tG!'�at+�` T �f"' R�+, .•1 A�kr3'. .fir t t 4 t• V ear. � �,.•';@ lt.. �,:#� 4''>��':. y ,, etr�.+�,;�F ��ra �:.� e = • 4174G"v., 3C). " " i„� �y oq� TJfin: 'r• • Qq PNI I imam a or ��`td', >.t. yi t �� !'�)�'�t�daLa§.,��) 4 t�`#�' ,�s� �!�'i;�+�►� 1• r+ � J�� ?i� {a fi ) ➢ +� � .a� rad•,:. a��t` �.«-. ti Y+•� i.� `A Y �y ` T i*� +.w)� •- 1tf�k�'9d ��� YP�IY,:. �..,:', .'13y t W ? ` ... d yawl z> 1. lot CAP f 41 a:,,` ,� ��` i r► Asa �\ ,"^Y i kll` 9►' .+!!'.-' iY :.b j�•/�,� �,PPPII ! }�4 y� ,1� ,I !'kC� !a _ � a�y� �" Ate`�' ?�.r �"� ��� ��y b •R�a� f�; i � � � � a �,� )t. a� a.�rz �`°E ! ,1�� �� � t .�+• +. � 4!A� � j�' a. 1 � r T1s•' f" a ,� a� rr r z• �•' R4'' A4� z kw� x :�'� ti��s�\ ?�'Y� i„ �i� �'� .i c� r';� �t ' �t� u �a '• r MIT Ot :3t e..4+.' aP� ,, ` a$v'ai'° ;��E�� Ati, 1a� ii;' �, •�� ,�'1� `��la s�;;4� i� ;� ��r `;���;; ��/ r '�e,� �� NWA �! ! , 4 rf , <, t. );a`,Fa '� >`"A • $. '� 4.^':;. `U i•. � ai ��t'.F t ���F•`tt�{� ��5��i� 7�afit� ��/�i�` •R� , t�iz 4. Ari° t�� , � r t 4Y t� <,> z .� r N _l��, \ s•t1 � �i+�^yy,�` A �� s s� '� t 't t �:f t.,, 1+1, m��,�j�C•.,1 s•.ax r k �e�e� � ��d�i�acsakr S3t�`t�<.i i i6 .z d�)a,9�r.iN� - .h S." i t rA'r 1 "` k a �vU t„addly�,F7� A t�e,'c��d d a `r�y.SkeK•iq F * k�`' } 3 .1V9 & t V !• >�> oDd 20 g r SRs�k M s e A r' t FN R r �.. f t � k.+�t H � 3c; ; ♦ l � �d S L x pa � q j - we- .'�.w,' NOTICE OF HEARING the Southold Town The following application will be heard by ZBA Board of Appeals VIA ZOOM WEBINAR - REFER To WEBSITE FOR AGENDA on Fl t s_=holdtownnY-g9V SUFFOLK COUNTY ENERGY NAME: ; - STORAGE II, LLC #7463SE SCTM #: 1000-45-5-1 r t VARIANCE: SPECIAL EXCEPTION ,� y 8 ALLOW FOR BATTERY y CONSTRUCT '��,5r"�i,�,,• ' ..<5 REQUEST: ENERGY STORAGE SYSTEM FACILITY 2021 1:30PM '� THURS. APRIL 1 , PATE: website under Town �w y y file(s) on the town's may review tile files ��,� RecordslWeblink: ZBAl�Board65 18t09�s1 Pending- YOU ( > ' ZBA Office telephone ) Y. r � i j� 1 �� ,}#t�F�ktr� ^�r�k• � '�i�'�"'�` ��i t\\'y��wSr �"+�'�(� a.���4� to,y� -::�'- _ (� r 1'{' T " }!y"1 +'.,�2�j 1 -'✓�f 41 A- w ti,�\ y��}1 �\. -}l �'4y,�.-.•t�,�r���fC 741 �.. �4„.l n• `v �' ",�� 1 .. J�t�Y� �.,�,r' "'+,ale.,µ,} � VJ �1 '���' i $ _ � � 7`- �A l; �� Fu � 4., t ^' •a}�`i ;��'<��'�'�?; �-t 1<� aC1 i rr •r h N 'C�` ~� A�+�t�ly �. �yiliv _ r Ott" � a '�� 4:Y� ��' �►` .�•''��~t� '�t�" t �w r 1E ,l t f •:r- � I r' r NOTICE Of HEARING The following application will be heard by the Southold Town Board of Appeals VIA ZOOM WE8IN -REFER no ZBA V htt :Southold . _ _b,'\q�•�^ WEBSITE FOR AGENDA on_ GY NAME: SUFFOLK BOUNTY E E#7 63SE r STORAGE Ii,LLC Y i SCTNI#: 1000-45-5-1 VARIANCE:SPECIAL EXCEPTION REQUEST: CONSTRUCT 8 ALLOW FOR BATTERY L - ENERGY STORAGE SYSTEM FACILITY THURS.APRIL 1,202'1 1:30PM RS DATE: t{ 3 YOU inayreview the fitclsl on the town's website under Town O RecordslWeblink:ZBA/Board Aclionsl pending. dry,rl 631 765.1809 s \ telePhonel I� w�•� tar :� �'� ;:4} o � a; Yes �$''~'� 1-.w. Vr'+!'aE.::b.4*. �,,� �5� �Mh• � .,y� �� .{ f P F 71 ji- "" e i ®R �,�., s � � ., :��c � � >r Z ��,`-?° ,s„r' ltq a`'�;�, ��pa+�_'�,• �� �titi '�* ���°�.' v� \ � g4 ��''� .;y F� ■ 1t,y , `\ } ,(GY..�. \�. 'lam IJj ""\��wy�i�'!'� ��' ` ••\1 �.��, •�,-!- y },:� a ,�°�'Y,`� 2 �, [.��+"� ,dam:F �� +S'q -,. ' ✓?,e�Cdlc �.� y:� P,� a :f;_!�i`';'i'�F>le ®r` i�l ##1��ae ::.,S.,f..w\ "�5.a! ;s1��... \u, 1 �A A k /F 4 1-tl. 4 y , �f r NOTICE OF HEARING The following application will be heard by the Southold Town -REFER 70 ZBA Board of Appeals VIA ZOOM WEBINAR southoldtownn . ov WEBSITE FOR AGENDA on ht�_ _— NAME; SUFFOLK 0UNTY EN GY #7463SE STORAGE II,LLC ,45.y.1 SCTM #: 100EXCEPTION VARIAN SPECIALFOR BATTERY , VAR g ALLOW FACILITY soy . EST; CCN57Rus DRAGS-SYSTEM ^. REQU EN�BGY L 1!2021 site under Town _w x wrf TNU0-4 RS' t0¢APR' tow°sw pp Pepdin9 ' tdslw teleplfjh0e i(l6(3sf) QAE1 rd rev" gN060809 YeCOnsl _ m 9 }� 4 t � `� ZEAx bi 4 G r 01 U9 _ 'r4a6 � II t i � a � �Z.�rS:e r � � F .{ k rIe � ?- r w r� t � Xk'Fw-�g 3y 4 4 T'*t .in k5 . v a e 1 '6 StS�Y7/; s 3 4� R ,�a}T d f x R 91r s a Y r _ a 4 �b"� b �� !�at�F�i' � l.�J 'Y»ti"'4. .. � �� �li��FF f•��f p >q; of .�x �. �,P iti. �,�, �'F.;�er+. �&�,a r7»�.,� �'�{,•�_.� r w IN `v+`�.. .• w u III NOW illm sv a r �a Fj r s t fr t t } » w T I (4'. E 0 H E�rR11+lt'wi The following application will be heard by the Southold Town Board of Appeals VIA ZOOM WEBINAR - REFER TO ZBA 'EBSITE FOR AGENDA on hsoutholdtownttp . ny. gOV NAME : SUFFOLK COUNTY ENERGY STORAGE II , LLC #7463SE ,S- CTM # mN 1000-45-5- 1 VARIANCE : SPECIAL EXCEPTION REQUEST: CONSTRUCT & ALLOW FOR BATTERY ENERGY STORAGE SYSTEM FACILITY DATE : THURS . FEB . 41 20 :21 120 PM You may review the file(s) on the town ' s website under Town Reco-rds/Weblink: ZBA/ Board Actions/ Pending . BA Office telephone (631 ) -765=1 809 i4UT1t. E 01" F HEAR1 ,1140 The following application will be. heard by the Southold Town Board of Appeals VIA ZOOM WEBINAR - REFER TO ZBA 'EBSITE FAR AGENDA on httiom. southoldtownny. q ov NAME : SUFFOLK COUNTY ENERGY STORAGE II , LLC #7463SE C T M # : 1000-45-5- 1 ' ,/ARIANCE: SPECIAL EXCEPTION r-,EQUESTE CONSTRUCT 8. ALLOW FOR BATTERY ENERGY STORAGESYSTEM FACILITY DATE : THURS . MARCH 4, 2021 1 :50 PM "ou may review the file(s) on the town ' s website under Town Pecords/Weblink: ZBA/ Board Actions/ Pending . ".BA Office telephone (631 ) 765-1809 i4U' TI ('. E U' F HEAR1 ,40 The following application will be heard by the Southold Town Board of Appeals VIA ZOOM WEBINAR - REFER TO ZBA 'EBSITE FOR AGENDA on httPEN southoldtownny. gov NAME : SUFFOLK COUNTY ENERGY STORAGE II , LLC #7463SE SCTnn # mE 1000-45-5- 1 VARIANCE : SPECIAL EXCEPTION REQUEST: CONSTRUCT & ALLOW FOR BATTERY ENERGY STORAGE SYSTEM FACILITY DATE : THURS . , APRIL 1 , 2027 1 :30PM You may review the file(s) on the town 's website under Town P.ecords/Weblink: ZBAI Board Actions/ Pending . IBA Office telephone (631 ) 765-1809 tam MAR 2-6 2021 SO THOLD COALITION 4 FOR CLEAN ENERGY March 25, 2/0V134% Members of the Zoning Board of Appeals 54375 Main Road Southold, New York 11971 Re: Suffolk County Energy Storage II, LLC Dear Zoning Board Members: The Southold Coalition for Clean Energy consists of local community members who wish to enhance and preserve our environment by eliminating antiquated and polluting fossil-fuel energy generating facilities and replacing them with green and renewable sources of energy.The application of Suffolk County Energy Storage II, LLC, proposed on industrially zoned property on the Main Road in Greenport,will help meet that important goal, and we respectfully request that you approve it. It is well known that Battery Energy Storage Systems, often referred to as "BESS," promote the proliferation of renewable energy. The Suffolk County Energy Storage II application will allow that while at the same time taking away the possibility of very intense and impactful uses that are permitted as-of-right on the Greenport property. Noise, emissions, truck traffic, and the use of industrial compounds all can and surely would be generated by any number of the uses that are permitted, without exception, on the site. In contrast, the clean, green Battery Storage System proposed by the applicant will not bring noise, traffic, emissions or visual impacts. Further, as-the applicant's BESS will be placed in a location through which the railroad already passes, and on land that does not have flooding issues, the site is quite ideal to bring this meaningful technology to our Town for the benefit of all of our residents. We thank you for your consideration, and implore you to approve the Special Exception sought by the applicant. Sincerely, President / Southold Coalition for Clean Energy 355 Wiggins Street Greenport, NY 11944 REMED FOR TH"E EAST END MAR 2 6 2021 ZOnin rd of Ameals ' ® March 25, 2021 , L 9 Boa "tip •® � � ,, �. e Chairperson Leslie Weisman & � Members of the Zoning Board of Appeals (ZBA) y Town of Southold P.O. Box 1179 Southold, NY 11971 er l Re: Suffolk County Energy Storage II, Inc. ' a Dear Chairperson Weisman & Members of the Zoning Board of Appeals: On behalf of Group for the East End, I offer the following comments related to the Special Exception permit criteria, supplementing the Group's letter pertaining to the subject application and the State Environmental Quality Review Act (SEQRA) (March 18, 2021), wherein we advocated for a recession of the adopted Negative Declaration and the adoption of a Positive Declaration in order to require a Draft Environmental Impact Statement (DEIS). Summary Statement: ` After reviewing several newly submitted application materials, including comments sfrom involved agencies as well as applicant rebuttal letters, Group 9 Pp A for the East End �® respectfully requests the Zoning Board of Appeals (ZBA) to deny the Special Exception permit for the proposed application. We deeply regret that the subject application, its supporting materials, and the applicant's ongoing rebuttal to public and agency comments has largely proceeded in • a piecemeal fashion, which makes an overall comprehensive project assessment near) impossible to evaluate in a timely, rational and transparent manner. In fact, it • , 3 ;; n�,.;" y � p Y P was precisely because of the environmental and community planning complications ® ` associated with the uncoordinated and piecemeal review of regulated actions that the New York State Environmental Quality Review Act was adopted more than 40 years ago. Thus, for the record, we state again that should the ZBA elect to proceed with this application, the Negative Declaration for this proposal should be rescinded, and a >> Positive Declaration pursuant to SEQRA should be adopted to assure the most thorough review of this proposal. Given the sensitive area where this project is ' proposed and the clear public interest in its impacts, a DEIS offers the best - `✓ opportunity for a full and transparent evaluation. ,° ,` � ;" , ` ,•re Supporting Justification: .'- - � `.�;� '•., k^ Southold Town Code (Section 280-143) specifically dictates that the ZbWshal(,`-� ✓ consider a number of matters while making a determination. We strongly-believe the, project does not comply to the following enumerated Sections of•260-1-43: '' �' ` . -• i; ,"� ' - _ Vii' .ay E' '�/ `�/ r"ta' `��' ✓ice�p xs ` o � /"�. e i ® o m a o REEVED r 14639 ' MAR 2 6 2021 Ling Board Of Appeals B. The conservation of property values and the encouragement of the most appropriate uses of land. There is no getting around the fact that this particular property and its adjacent lands are environmentally significant and have been documented as so by numerous involved agencies. It is worth reiterating that the property: 1 Contains a portion of land designated by New York State Department of State as Significant Coastal Fish and Wildlife Habitat 2) Appears in Southold Town's Community Preservation Plan, Suffolk County's Open Space Master List, Department of Environmental Conservation's Open ; Space Plan, Peconic Estuary Plan's Critical Lands Protection Strategy 3) Shares boundary lines with Pipes Cove Preserve and Will be visible to the Bay-to- Sound Trail network 4) Contains freshwater wetlands w 5) Surrounded by freshwater wetlands The most appropriate use of the property is clearly preservation. Although we understand that the ZBA does not have the authority to require preservation, nor do the involved agencies, the subject parcel's environmental attributes should heavily - factor into the ZBA's decision on whether the proposed project is a suitable Special �- Permit use for this particular site. K. Whether the plot area is sufficient, appropriate and adequate for the use and the " reasonably anticipated operation and expansion thereof. � The Planning Board (March 1, 2021) correctly identified that the "Conceptual" site plan o ,5, illustrates the need for a number of variances. Maximum lot coverage in the LI Zoning District is 30%, while the plan calls for roughly 48% coverage. The applicant continually makes the case that this is a "conceptual" site plan and that the Planning Board's site plan review will eventually take up this issue if and when LIPA approves this project. However, the ZBA should not make a determination of support for a � =s project that does not meet area and setback standards. Additionally the project does not meet the 100-foot setback standards of the NYS 25A yg Scenic Byway plans. The applicant noted that adjacent "pre-existing" uses also do not meet this standard, therefore, this project should not be made to comply either. We strongly encourage the ZBA to enforce the standards of the NYS 25A Scenic byway recommendations. In doing so, the proposed project may not be able.to rneet,,'',­, ,r standard K., highlighted above. �4 L. Whether the use to be operated is unreasonably near to a church scliobl thea#e""r' 7 & l 746 w recreational area or other place of public assembly. The subject lot is adjacent to Pipes Cove Preserve and the Moore's,draih'syste'm,, which includes the Bay-to-Sound trail network, a trail system that has been the,focus. _ .'` ; of both governmental and nonprofit organizations over the last several-vears_and°for.:.. � Protes nature place- you 'lo' �. , RECEIVED y MAR 2 6 2021 y y ` n, � n Zoning Board OfAppeals which has obtained significant public funding in order to improve and conserve the area for environmental and recreational purposes. ° -� The applicant's point that other energy infrastructure are located adjacent to this area does not justify further cause to continue to permit uses that are incompatible with the enjoyment and use of these highly environmentally and recreationally sensitive areas. M. Whether the site of the proposed use is particularly suitable for such use. ' The proposed site may be considered a suitable site by LIPA's standards given its close proximity to the substation that it will be connected to. However, the ZBA should not consider "suitability" based on location to the substation alone. Myriad ' factors related to environmentally significant habitat, its listing in targeted preservation plans, variances required, potential flooding concerns, inconsistencies with duly adopted Town and outside agencies plans all point in the direction of a very unsuitable ' location for the proposed use. Importantly, to our knowledge, there has not been any effort to examine other potentially more suitable sites for the proposed project. N. Whether adequate buffer yards and screening can and will be provided to protect adjacent properties and land uses from possible detrimental impacts of the proposed use. b Although the applicant has stated it will work with the Town Planning Board to provide ra adequate screening and buffering throughout site plan review, it remains to be seen that promised conditions can be met, as it's still only a "conceptual" design at this stage. Therefore, at this time in the review process, it remains to be seen whether or not this will actually be achieved. There has been much back and forth in the record regarding applicability of wetland setback and buffering with no clear indication of what's expected and how existing Town Code should be interpreted. How can the ZBA make a determination when these issues have not been fully addressed? P. Whether the natural characteristics of the site are such that the proposed use may be r � ' introduced there without undue disturbance or disruption of important natural features, systems or processes and without risk of pollution to groundwater and surface waters . ' on and off the site. ' Group for the East End strongly believes that the proposed facility will impart,a level l N v, environmental degradation that needs to be throughly examined ando mitigated:;=�As,a < such, we strongly advocated for a Draft Environmental Impact Statement°tofurther analyze the significant potential environmental impacts. Without sudhi review;,we do,, w not believe the ZBA can make determination that the proposed project,wilFlnotbause "undue disturbance or disruption of natural systems of processes"_and.t.,, efore, ` cannot meet this standard. '° T�" Protecting $ Mace y , "n" ,m ' , REIN® = MAR 2 6 2021 Zoning Boar r, d Of Appeals Conclusion: Without having the benefit of a thorough environmental review, wherein all project details and documentation is provided in a comprehensive matter and required mitigation measures are detailed, we do not believe that the ZBA could render an approval for the Special Exception permit. The application simply does not meet ' several criteria listed in Town Code. Thank you for taking the time to review our comments. Please feel free to reach me if you have any questions or concerns. I can be reached at jhartnagel@eastendenvironment.ora. r� Sincerely, �MK,fer fta Jenn Hartnagel Senior Environmental Advocate ove r ' 6y v f �l rt ri��° .� f •fir �� q rod dine -the theplace d � Westermann, Donna From: Fuentes, Kim Sent: Friday, March 19, 2021 10:06 AM To: Westermann, Donna; Sakarellos, Elizabeth Subject: FW: [SPAM] - battery storage RECEIVED MAR 19 X21 ,t From: Jane Rode [jrode44@gmail.com]Sent: Thursday, March 18, 20214:14 PMJ�in_l �'� To: Fuentes, Kim Subject: [SPAM] - battery storage Please deny any application until a full environmental review is conducted. This is not the appropriate place to store batteries, it's sickening that you are even considering a vote until a full review has been completed. Sincerely, Jane Rode i Westermann, Donna From: Fuentes, Kim Sent: Friday, March 19, 2021 10:06 AM To: Sakarellos, Elizabeth;Westermann, Donna Subject: FW: [SPAM] - Suffolk County Energy Storage send to board, file and laserfiche `�Xy ECEIifED 1 M From: riffle92(5)aol:com [riffle92@aol.com] Sent: Thursday, March 18, 20214:30 PM '' , , e To: Fuentes, Kim cnir'9 Boa, of'„' � c);�, Subject: [SPAM] - Suffolk County Energy Storage ~J Hi Kim I am writing today as a concerned citizen and environmentally conscious resident of the north fork. It would seem that the request made by the North Fork Audobon Society, as well as many other environmental groups, to wait until further studies are completed before granting the Suffolk County Energy group an exemption would be the very least that should be done. Keeping the hearing open and removing the negative declaration allows more time to complete a full environmental impact study, as well as to possibly find a more suitable location for the storage of said batteries. Holding board memberships, both elected and appointed, come with expectations to provide careful stewardship of this unique and environmentally sensitive area in which we live and raise our families. Please vote to continue to evaluate this proposal. Thank you Scott Rosen i Westermann, Donna From: Fuentes, Kim Sent: Friday, March 19, 2021 9:59 AM To: Westermann, Donna; Sakarellos, Elizabeth Subject: FW: Full Environmental Review before approving Battery Storage Plan CEIVED More . . send to board, file, laserfiche '021 MAR 19 thanks ;l 8o - 01 fish? a, From: Stacey Tess [staceytess@msn.com] Sent: Thursday, March 18, 20214:52 PM To: Fuentes, Kim Subject: Full Environmental Review before approving Battery Storage Plan Hi, I'm writing to ask that you deny the application for a battery storage facility near Pipe's Cove - no application should be entertained until a full environmental review has been performed. I live in Greenport(512 Second Street). Thank you! - Stacey ATTENTION: This email came from an external source. Do not open attachments or click on links from unknown senders or unexpected emails. i Westermann, Donna From: Fuentes, Kim Sent: Friday, March 19, 2021 10:00 AM To: Westermann, Donna; Sakarellos, Elizabeth Subject: FW: Battery storage send to board,file, laserfiche . . . F_ ..........- - pECEIVED Kim From: Ellen Wiener [ellenwiener@ mail.com] , MAR 2021 k Sent:Thursday, March 18, 20213:27 PM To: Fuentes, Kim ApilEr3an Subject: Battery storage Hello Ms Fuentes; Here is another example of poor planning and incomplete research...the last thing we need... as a concerned citizen and resident of Southold town, I ask that you see this homework is done properly before this proposal is covertly slipped through. It is both fishy and anti-fish, Thank you, Ellen Wiener 51535 Main Rd Southold, NY 11971 ATTENTION:This email came from an external source. Do not open attachments or click on links from unknown senders or unexpected emails. Westermann, Donna From: Fuentes, Kim Sent: Friday, March 19, 2021 9:59 AM To: Westermann, Donna; Sakarellos, Elizabeth Subject: FW: proposed battery storage facility adjacent to Pipes Cove P< send to board, file, laserfiche . . . ECEIV>=D � l kim E MAR 19 2021 10 From: Stephen T Tettelbach [stt47@cornell.edu] rflE5 1`,F'03 � Sent: Thursday, March 18, 20214:01 PM To: Fuentes, Kim Subject: proposed battery storage facility adjacent to Pipes Cove I respectfully request that the Southold Zoning Board of Appeals deny the application of Suffolk County Energy Storage ll, LLC for a special exception to site an 80-megawatt lithium-ion battery storage facility adjacent to the 325 acres of environmentally-sensitive lands surrounding Pipe's Cove in Greenport. Plain and simple,this is not a place for battery storage, this is a place for nature. Sincerely yours, Stephen Tettelbach 1530 Crown Land Lane Cutchogue, NY 11935 ATTENTION: This email came from an external source. Do not open attachments or click on links from unknown senders or unexpected emails. i Westermann, Donna From: Fuentes, Kim Sent: Friday, March 19, 2021 9:58 AM To: Westermann, Donna; Sakarellos, Elizabeth Subject: FW:Application of SC Energy Syorage ll, LLC Please send to board, add to file and laserfiche. From: Veronica Goldberg [vgoid87@gmail.com] Sent: Thursday, March 18, 20214:55 PM k MAR 9 2029 To: Fuentes, Kim Subject: Application of SC Energy Syorage II, LLC �? Good afternoon, ! ' .'r Boara 13f One of the reasons my husband and I chose to purchase a second home and plan to spend our retirement years on the North Fork is because of the natural beauty of the area. I know that the Town of Southold and Suffolk County have been working diligently with others to try to protect our valuable natural resources. I am opposed to the location of an 80-megawatt lithium-ion battery storage facility that would be adjacent to 325 acres of environmentally-sensitive land and has the potential to affect water nearby. Please, do NOT let this application go through. We need to work harder to protect what natural resources we have left. Thank you. Veronica Goldberg Mattituck,NY ATTENTION: This email came from an external source. Do not open attachments or click on links from unknown senders or unexpected emails. i Westermann, Donna From: Fuentes, Kim Sent: Friday, March 19, 2021 9:53 AM To: Westermann, Donna; Sakarellos, Elizabeth Subject: FW: Battery storage proposal/ meeting tonight pis send to board, add to file and laserfiche From: Chris Eisenreich [chriseisenreich@optimum.net] y yI C;1=1VED Sent: Thursday, March 18, 20212:40 PM To: Fuentes, Kim Subject: Battery storage proposal/ meeting tonight MAR 19 202 I am against any battery storage proposal next to so much of our protected land. � ,i1 7r � r__._._.._.-.- Find another site. The Town recycling center(where the wind farm was going to be proposed) ?? In an industrial park?? Whatever, but please not in or adjacent to natural or preserved areas. There must be a more environmentally friendly site. Thank you. Chris Eisenreich 805 Bay Shore Road Greenport, NY 11944 tel: 631-292-2504 chriseisenreichCaD.optimum.net ATTENTION: This email came from an external source. Do not open attachments or click on links from unknown senders or unexpected emails. 1 Westermann, Donna From: Fuentes, Kim Sent: Friday, March 19, 2021 9:54 AM To: Westermann, Donna; Sakarellos, Elizabeth Subject: FW: rescind the negative declaration pis send to board, place in file and laserfiche. From: Terese Svoboda [svoboda@el.net] Sent: Thursday, March 18, 2021 1:58 PM ' To: Fuentes, Kim MAR 19 � Subject: rescind the negative declaration of Dear Kim Fuentes: °�'``'"` �'"- f - V Please keep the hearing open and rescind the Negative Declaration. As Lead Agency under the State Environmental Quality Review Act(SEQR),please conduct a full Environmental Impact Study of the proposed Battery Storage Facility in Greenport. All best, Terese Svoboda 24 Sandy Beach Greenport NY 11944 917-912-4106 ATTENTION: This email came from an external source. Do not open attachments or click on links from unknown senders or unexpected emails. 1 Westermann, Donna From: Fuentes, Kim Sent: Friday, March 19, 2021 9:55 AM To: Westermann, Donna; Sakarellos, Elizabeth Subject: FW: Battery building Please send to board add to file and laserfiche From: Martin Faint [martinfaint@gmail.com] 4~ iv pJ Sent: Fuentes, Kim dKyMMarch 18, 2021 1:58 PM To ;� MAR •� 9 ,��21 '� Subject: Battery building Regarding the Greenport battery building, it is incredible that this location is being`oorisd'exed A-full`J environmental review is essential. Many thanks Martin Faint Peconic ATTENTION: This email came from an external source. Do not open attachments or click on links from unknown senders or unexpected emails. i Westermann, Donna From: Fuentes, Kim Sent: Friday, March 19, 2021 9:57 AM To: Westermann, Donna; Sakarellos, Elizabeth Subject: FW: Battery Storage Application Please send to Board, add to file and laserfiche. From: Kevin Barry Heaney [kevinbarryheaney@gmail.com] P-14E i Sent:Thursday March 18,20215:01 PM To: Fuentes, Kim MAR 19 d Subject: Battery Storage Application AS a SOUTHHOLD TOWN resident i request that you keep hearings open and rescind the-Negative Declaration and to conduct a full environmental Impact Study. KBHeaney 506 Carpenter St Greenport NY ATTENTION:This email came from an external source. Do not open attachments or click on links from unknown senders or unexpected emails. 1 GRqiri � FOR THE EAST END ��� March 18, 2021 • `� ECE1VEa Chairperson Leslie Weisman & FMAR 18 2021 Members of the Zoning Board of Appeals (ZBA) Town of Southold P.O. Box 1179 F30arci Of ASouthold, NY 11971 Re:Suffolk County Energy Storage II, Inc. At. " = Dear Chairperson Weisman &Members of the Zoning Board of Appeals: On behalf of Group for the East End, I offer the following comments and recommendations related to the proposal made by Suffolk County Energy Storage II, a o w LLC to construct a battery energy storage facility at 69430 Main Road, Greenport. Summary Statement: . • a Based on our assessment of the Special Exception permit requirements, the goals of the duly adopted Town of Southold 2020 Comprehensive Plan, and the numerous ` comments provided by involved agencies, we find that the subject application does not meet the Special Exception requirements outlined in the Town Code and ®a ; should therefore be denied. Should the ZBA elect to continue with the further consideration of this plan, we believe ` the previously adopted Negative Declaration (March 3, 2021) is inadequate to provide the ZBA with sufficient information about the potential significant environmental impacts associated with this project. Thus, Group for the East End strongly recommends that the ZBA acting as Lead Agency pursuant to the State Environmental Quality Review Act (SEQRA). rescind the Negative Declaration, and issue a Positive Declaration so that a Draft Environmental Impact Statement (DEIS) be completed. Supporting Comments: Rescission of the Negative Declaration: Pursuant to section 617.7 (f) of SEQRA, a Lead Agency must rescind a negative a" declaration if a significant environmental impact may result from project modification, a� change in circumstance which was not previously addressed by the Lead Agency;or • ,- ;,. new information is discovered. Group for the East End would like the record to,reflect , several substantive issues with the Negative Declaration, which should,be considered new information" not previously addressed by the ZBA and provide`substantive`�, justification for the rescission. µ Pursuant to section 617.7 (c), the threshold for issuing a positive declaration is'- considerably sconsiderably low and must be prepared if, "one or more adverse environmental., impacts may be significant."The ZBA's coordinated review with involved a encies clearly resulted in qualified comments verifying one or more potential-,adverse-`' '''i� ® environmental impacts and even concluded that the proposed action.'starrds�in,'direct aProtecting the nat-uref the place 7�41 conflict with several Town of Southold adopted plans, policies and the Town Code, which itself is a standard for determining significance. y Specifically, the Department of Land Management Memo (January 29, 2021), the Local Waterfront Revitalization Plan's "Inconsistent" finding (March 1, 2021) and the Town of Southold Planning Board's comments (March 1, 2021) all identify potential adverse impacts that are not fully addressed within the Negative Declaration or are dismissed (without a substantive reference or explanation) as not posing potential impact. Group for the East End strongly believes that the impacts identified by these boards are in fact potentially "significant" and do not fall under the categories of"moderate" or "small." Deficiencies of the Negative Declaration: According to the implementing rules governing SEQRA, a Negative Declaration must ; . a include a "brief statement of the reasoning that supports the determination," and provide rationale for the determination, "Simply stating that the Lead Agency believes that the action will have no significant impact is insufficient" SEQRA Handbook, Fourth Edition 2020). That being said, the following potential impacts outlined in the Negative Declaration do not offer sufficient detail to ensure that the k 4 impacts identified will be mitigated to the maximum practicable extent. Impact From Flooding " r P The entire section identifies a number of significant impacts related to flooding. For instance, "Although proposed structures are not proposed to be located within a 3 mapped FEMA flood zone, the potential for adverse impacts from flooding on site are expected due to poorly drained soils, seasonal high groundwater with ' an expected water table of less than 3 feet and storm surge influence. As noted above, site construction should be designed to tolerate flooded conditions and avoid disrupting drainage patterns and site topography to the greatest extent practicable." The Negative Declaration does not elaborate on how the proposed action should be designed to mitigate flood conditions other than stating that it should be designed in that matter. ' Impact on Plants and Animals s1" The Negative Declaration identifies that a portion of the parcel is located within a Significant Coastal Fish and Wildlife Habitat Area and that the DEC pointed out that.-, , several threatened species have been identified as occurring adjacent to the,paecel "The extent of occurrence or use of the above species on sit e�i,`s,c'urreritly known. However, the use of the parcel by wildlife is expected=clue to-ifsan' p.� proximity to Moore's Drain." If the extent of occurrence of thesespecies is unknown how can it,6 assured'that}no- 'E significant impact will occur? Moreover, if the "use of the parcel by�wil'dlife is.eXpected due to its proximity to Moore's Drain," how will the impact be mitigatedn'."' , � i nature of the Diace you l ��v t Impact on Agricultural Land Resources &Soils The Negative Declaration notes under"Soil Types" that: rA "Test hole data was not provided therefore depth to groundwater on-site is un known. High groundwater is expected. Flooding of the parcel due to soil characteristics was observed on the parcel on February 25, 2021. The poorly drained soils on site also increases the potential for future flooding and surface runoff under normal conditions." ... If test hole data does not exist, but flooding has been observed and conceivably will be again in the future (due to "poorly drained soils") how can the town conclude that this is not a significant impact that needs mitigation for a battery storage facility? Consistency with Community Plans The Negative Declaration states, "The proposal is not fully consistent with community plans" and outlines all of the inconsistencies but provides virtually no level of detail on how this significant impact will be mitigated. In some cases, potential mitigation is noted to be deferred to the Planning Board's review of the project's site plan proposal. ° Being inconsistent with numerous adopted plans, policies and the Town Code should clearly be considered a "significant" impact. Additional Support For DEIS: � F In our review of the project documentation, we note the following significant areas of concern that would additionally benefit from an in-depth review provided by the DEIS. Assessment of Need: The DEIS would discuss in detail, the need for the proposed project. Documentation from PSEG/LIPA discussing projected need and future energy demands and plans for facilities such as these should be included. In determining need, the DEIS should take into consideration other proposed battery energy storage facilities on the North Fork, ' in particular the large-scale proposal under initial review by the Village of Greenport (at its scavenger waste site located on Moore's Lane). The following questions should also be addressed: What is the facility's projected lifespan? How many battery energy storage facilities are projected to be needed on the North Fork? Are there any plans for future development to increase the size of the facility? What are the potential growth-inducing aspects of this particular proposal? ' Alternatives: , ' A DEIS will importantly examine alternatives within the "Alternative" section,' ,,ySEQRA requires that "the description and evaluation of each alternative should be,at"a1everofi' detail sufficient to permit a comparative assessment of the alternatives'discdssed:"', m-}' ' Given the documented, ecologically sensitive nature of this particular:site and.the:_ f , adjacent land, it's incumbent on the Lead Agency to determine whether-t,erebare;' '.; alternative sites that would mitigate potential environmental harm,and-therefore' aprovide a better location for this facility. In the matter of determining alternative sites, Group for the East End strondly;sdggests that the Town of Southold, in addition to our region's utility company, be`consulte'dq a ,'•;,, 9 b :j t the nature i place you11ove F V t$N° within this discussion. From a sound community planning perspective, if only a certain number of these types of facilities are needed, it would be in the Town's best interest to identify sites where citing battery energy storage units makes the most sense. Negative Declaration Precludes In-depth Review by Other Boards/Agencies M' The proposed action requires multiple approvals from Town of Southold regulatory boards and outside agencies. The adoption of the Negative Declaration essentially concludes that the project does not pose a significant environmental impact and limits the other agencies, particularly the Planning Board, in their review of the site plan and o - efforts to further mitigate the environmental impacts raised through the current review. Conclusion: The proposed action raises significant concerns relevant to the criteria for Special ` Exception Use approval under the Town Code.A number of these issues include matters of environmental and community character concern, which have been clearly articulated by commenters and involved agencies through the review of this proposal. Based on this input and the requirements for Special Exception approval, we believe the project should be denied. If the ZBA elects not to deny this application based on its lack of conformity with the Town's Special Exception criteria, we respectfully request that the ZBA, as Lead Agency, reconsider the SEQRA review input of involved agencies and the public, apply the "hard look" test required by SEQRA, rescind the Negative Declaration and require a comprehensive environmental review as provided for through a Positive Declaration pursuant to SEQRA. Thank you for taking the time to review our recommendations. Please contact me at your convenience should you have any questions or concerns. I can be reached at ihartnagel@eastendenvironment.ora. ; Sincerely, Jenn Hartnagel Senior Environmental Advocate Cc: Heather Lanza, Director of Planning � Mark Terry, Assistant Town Planning Director, LWRP Coordinator, ° Bill Duffy, Town Attorney Protecting the l lace you Y Westermann, Donna at1,r From: Fuentes, Kim Sent: Thursday, March 18, 2021 1:12 PM To: Westermann, Donna; Sakarellos, Elizabeth Subject: FW: Incorrect Battery Facility Letter Sent Earlier today Attachments: GFEEBatteryLetterFinal.pdf 'J � 4 Donna, .r 11i Jenn Hartnagel just sent a corrected letter, please forward to board/Town Attorney and ad c� lasier�reo(Aing prior letter. Kim 4 5oardt From: Jenn Hartnagel Ohartnagel@eastendenvironment.org] Sent: Thursday, March 18, 2021 1:08 PM To: Fuentes, Kim Subject: Incorrect Battery Facility Letter Sent Earlier today Kim, I apologize for the mistake. Attached is the correct version of the letter that I would like placed into the record regarding the Battery Energy Storage Facility. It's dated today, March 18th. THANK YOU Jenn Hartnagel Jenn Hartnagel Environmental Advocate I Group for the East End Email: 'hartnagel()eastendenvironment.org Web: www.GroupfortheEastEnd.org https//www.facebook.com/GroupEastEnd/ Protecting the mature of the place you love ATTENTION: This email came from an external source. Do not open attachments or click on links from unknown senders or unexpected emails. i J Westermann, Donna From: Fuentes, Kim Sent: Thursday, March 11, 2021 11:56 AM To: Leslie Weisman Forward; Planamento, Nicholas; ericdantes2@gmail.com; ajcpla@optonline.net; Rob Lehnert; Duffy, Bill Cc: Terry, Mark; Lanza, Heather, Sakarellos, Elizabeth;Westermann, Donna Subject: FW: CCE Letter on Greenport Energy Storage Facility Attachments: CCE Letter on Greenport Energy Storage Facility final.pdf Please see attached public comments re: Suffolk County Energy Storage. �'�"� Kim ZBA From: Jordan ChristensenOchristensen@citizenscampaign.org] Sent: Thursday, March 11, 2021 11:49 AM To: Fuentes, Kim Cc: 'Adrienne Esposito' Subject: CCE Letter on Greenport Energy Storage Facility Town of Southold Zoning Board of Appeals members, Please find attached a letter from Citizens Campaign for the Environment on the Suffolk County Energy Storage II Project in Greenport. If you have any questions or concerns, please reach out to Adrienne Esposito, Cc:ed above, or at 516-390- 7150. Thank you, Jordan Christensen Jordan Christensen Program Coordinator Citizens Campaign for the Environment 225a Main Street Farmingdale,NY 11735 516-390-7150 CITIZENS I FOR THE ENVIRONMENT Fmpc 4wfn,gCommumNes,Advon3tingSoldlibnr www.eitizenseampal gn.or#; Confidentiality Notice: The information contained in this electronic message is PRIVILEGED and confidential information intended only for the use of the individual entity or entities named as recipient or recipients. If the reader is not the intended recipient, be hereby notified that any dissemination,distribution or copy of this communication is strictly prohibited. if you have received this communication in error, please notify me immediately by electronic mail or by telephone and permanently delete this message from your computer system. Thank you. 1 - T ❑ 225A Main Street•Farmingdale,NY 11735 CITIZENS 516-390.7150 ❑ 744 Broadway•Albany.NY 12207 518-772-1862 CAMPA I G N L3733 Delaware Road„Box 140•Buffalo,NY 14223 716.831-3206 ❑ 2000 7eall Avenue,Suite#244•Syracuse,NY 13206 FOR THE ENVIRONMENT 311339 ' (k � ❑ 2404 Whitney Avenue,2nd FI.•Hamden,CT C7 06518 www.citizenscampaign.org 203-621-7050 BRIM I RED March 11,2010 Hon.Leslie Kanes Weisman,Chairperson MAR 202 Town of Southold Zoning Board of Appeals d 54375 Main Rd,P.O.Box 1179 ijrdaOr � ft.§'� Southold,NY 11971 ! Re: Clarification CCE does not support the siting of Suffolk County Energy Storage II Project in Greenport Dear Chairperson Weisman, CCE is a 120,000-member,non-profit,non-partisan organization that empowers communities and advocates solutions to protect public health and the environment.CCE strongly supports renewable energy infrastructure throughout Long Island and has lent support in the past to energy storage projects.However,it has come to my attention that CCE's name was mentioned in a recent Zoning Board meeting as a supporter of the Suffolk County Energy Storage II Project in Greenport.I would like to set the record straight that CCE is not supporting the siting of this energy storage facility in the proposed location. CCE was contacted by a representative of the developer for Suffolk County Energy Storage II and asked for a letter of support.After reviewing the project application and siting,we declined to support the project at this location We noted the location had several environmental challenges that warranted further evaluation and review including potential impacts to wetlands, potential flooding(depth to groundwater)and loss of forested area that would be needed. CCE evaluates all energy protects on a case-by-case basis,and this project did not meet our standards for support.As I was not at the meeting where this project was discussed,I will simply assume that a mistake was made by any individual indicating otherwise. Again,I would like to be clear that CCE declined to support the siting of this project and does not plan on supporting the project as proposed moving forward. Sincerely, Adrienne Esposito Executive Director CC: Town of Southold Zoning Board of Appeals Southold Town Board Members Supervisor Scott Russell AM r'y RECEIVED4(0 _V\ LM February 19, 2021 Zoning Board of Appeals Town of Southold Town Hall Annex Building 54375 Route 25 -P.O.Box 1179 Southold,NY 11971 RE: Suffolk County Energy Storage II, LLC Special Exception Application#7463SE To the Zoning Board of Appeals: Biennially,the New York League of Conservation Voters develops its Long Island Policy Agenda recommendations on energy,the environment, and public health, which sets out our specific policy recommendations and calls upon elected and appointed officials to focus upon their implementation. In our 2021-2022 Long Island Policy Agenda NYLCV's priorities focus upon Sustainable Development, Renewables, Clean Air and Electric Vehicles, specifically calling for: ■ Promoting policies to invest in battery energy storage technologies; • Ensure PSEGLI improves LIPA's electric grid storm resiliency and makes meaningful investments in transmission upgrades; ■ Purchase energy from renewable sources; and ■ Support Long Island-based renewable industries providing solar,wind, and energy storage. While NYLCV does not generally support or oppose specific projects, Suffolk County Energy Storage II, LLC is the type of project that furthers the goals of cleaner and more reliable energy as outlined in our 2021-2022 Long Island Policy Agenda. Such projects create local jobs, reduce air pollution, stabilize the energy grid, and help meet peak energy demands. Implementing utility-scale-energy storage on Long Island's North Fork to storm harden LIPA's existing electric grid; displace emission from old and inefficient diesel-fueled peaking plants and deliver more reliable electric service is a top priority for NYLCV and we encourage their development and installation to meet the State's 2019 Climate Leadership Community Protection Act(CLCPA) goals of 100%renewables-based electric generation by 2040. Sincerely, P Julie Tighe President 11E,'iDQUARTERs 30 Broad Street;30th Floor I Ne%v York; NY 10004 r 212.361.6350 r 212.361.6363 -lnfo@nylcv.org �` Fuentes, Kim From: Josh Klainberg <jklainberg@nylcv.org> Sent: Friday, February 19, 2021 2:22 PM To: Fuentes, Kim Cc: jtighe@nylcv.org Subject: Re: Suffolk County Energy Storage II, LLC - Special Exception Application #7463SE Attachments: Suffolk County Energy Storage II LLC -Letter for 030421 TOS ZBA SEA PH - 021921.pdf Hi Kim, 1 RFOFIV�® The attached letter is being submitted on behalf of NYLCV President Julie Tighe. FEB Best, �'onir,9�odr �oZl Josh Joshua F. Klainberg, Senior Vice President New York League of Conservation Voters 30 Broad Street-30th Floor New York, NY 10004 212-361-6350 x 207 iklainberg@nvlcv.org www.nvlcv.org Emil ,'c This e-mail and any attachments thereto are intended only for use by the addressee(s) named herein and may contain legally privileged and/or confidential information. If you are not the intended recipient of this e-mail,you are hereby notified that any dissemination,distribution or copying of this email,and any attachments thereto,is strictly prohibited. If you receive this email in error please immediately notify me at(212)361-6350 x 207 and permanently delete the original and any copies of the e-mail,and any printout thereof. 1 V Fuentes, Kim From: maryanna <maryanna@optonline.net> Sent: Tuesday, February 23, 2021 3:58 PM To: Fuentes, Kim RECEIV ED Subject: ION Battery Location FEB 2 2021 Hello. Board of Appeals Zoning I am a resident of Greenport. I love the natural treasure of our North Fork Community and and appreciate them every day. The area designated for this new Battery Storage area is totally out of context for the proposed site. I have taken many hikes and field trips in Arshamomaque Preserve as well as the trails in the Pipe's Cove Area. They are filled with wildlife and nesting grounds for so many birds. I have friends who live there on the water and the sea life and birds there are plentiful and undisturbed. I feel that the proposed site is in no way a good choice. The idea of the Ion Battery Storage in lieu of fossil fuels is perhaps a good one however, it is the wrong area. A new hidden and safe site should be found. Thank you, Mary Ann Zovko 160 Sterling St. Greenport Sent from my iPhone ATTENTION: This email came from an external source. Do not open attachments or click on links from unknown senders or unexpected emails. ' t 6 \_fir Fuentes, Kim 'From: Sarah Harper Ross <sarahharperross@gmail.com> Sent: Wednesday, February 24, 2021 12:57 PM To: Fuentes, Kim Subject: [SPAM] - Suffolk County Energy Storage I :Is Sarah Sarah Ross 325 Wiggins St. Greenport, NY 11944 February 24, 2021 Southold Zoning Board of Appeals 54375 Main Road Post Office Box 1179 Southold, New York 11971 Dear Board Members: I am writing about the Battery Energy Storage called Suffolk County Energy Storage II that is proposed for the Main Road in Greenport very close to the LIPA Substation. As a Town resident who wants to see our environment improved, I support this project. An important way to better our environment is to promote the use of renewable energy on our Island. This project does that. In addition, when you look at the intense industrial activity up and down the Main Road in that part of Greenport, and consider what could be placed on the land where it will go,there is no doubt at all that this is the very best use for the site. This is new and clean technology that won't pollute like so many other uses permitted on that land. It will help stabilize the power grid and bring us tax revenue, too. Thank you for your consideration. Sincerely, Sarah Ross 1 Jessica Perez 3200 Oregon,koad Mattituck NY 11952 ;V 09 Pals February 19, 2021 Southold Zoning Board of Appeals 54375 Main Road Post Office Box 1179 Southold, New'York '11971 DearZoning Board Members- I write'to express my support for the Suffolk County Energy Storage If project that is proposed on the Main Road in Greenport, right near the LIPASubstation. This is agodd and needed-project that will be a really low intensity use, unlike most other things around it. Also, it will help supply clean energy and support the electric grid. We sure need that, given so many Of the storms that we've had to endure recently. As a fellow Town resident,thank you for considering my position. Sincerely, Jessica Perez As q: Fuentes, Kim From: MARY ANN ZOVKO <maryannaz@me.com RECEIVED Sent: Friday, February 26, 2021 10:20 AM �1 To: Fuentes, Kim FEB 2 ��' Subject: Ion Battery Storage Site of Appeals ion' Board Hello again I wrote to you a few days ago about how precious I felt the area of Pipe's Cove is and the abundance of wildlife we enjoy there. Upon further reading and hearing of the planned location for the Ion Battery storage I realized that it is abutting and perhaps on designated wetlands and preserve. This area is not practical for many reasons, one being the low lying land and the severe impact this will have on the natural environment. It is reversing the many years of work environmental groups have been achieving in protecting the surrounding area. New York is a big state. Are there no other locations? There must be another site that would work that is on a higher plane and also hidden from the main route to the North Fork. Regards, Mary Ann Zovko Greenport, NY Sent from my Whone ATTENTION: This email came from an external source. Do not open attachments or click on links from unknown senders or unexpected emails. 1 RECEIVED ` tf63S9 TO: Southold Town Zoning Board of Appeals MAR 0 1 2021 FROM: Randy Wade, Greenport Civic Zoning mrd�Appe8ls DATE: February 28, 2021 RE: Comments on Suffolk County Battery Storage Proposal It has become clear that a significant impact will occur by the proposed battery storage project. For instance the Master Plan specifically states electric facilities should not be located on our Scenic Byways#25 and #48. Therefore no decisions can be made until after scoping and a full environmental impact statement has been prepared. It would be helpful if you would explain to the applicant that New York State requires the least impactful alternative be selected and what is there now would qualify. Please consider the following when reviewing for every Variance request: 1) Effect on neighborhood character a. Located along the rural and green Gateway to Greenport.All of the past hamlet stud- ies have emphasized the importance of keeping the land between hamlets rural and bucolic, although the older zoning code has not be updated to reflect these common- ly held values. b. Relevant sections of Town's Master Plan: i. Avoid or minimize the impacts of structures or activities that introduce visual interruptions to important scenic resources. ii. Strengthen the management of important scenic viewsheds from State Route 25, Route 48, and other Town roadways. iii. Protect scenic vistas outside the hamlet centers by clustering compatible de- velopments in existing residential or commercial areas to prevent sprawl. 1. Define edges of hamlet centers and "HALO" areas using open space with scenic views. iv. Greenport West 1. Develop a well-designed gateway on State Route 25 west of the Vil- lage. 2. Preserve the natural landscape and create 75-to 100-foot buffers along the hamlet's main roads. v. Identify, protect and enhance quality of coastal habitats. vi. Wetlands within Southold Town are critical natural resources that provide benefits including open space, habitat for fish and wildlife, water quality en- hancement, flooding and erosion protection, scenic value, and opportunities for environmental education. Over the years, many wetland areas have been lost or impaired by degradation or functional loss. vii. Protecting and improving the remaining tidal and freshwater wetlands and restoring lost or impaired wetlands are the most appropriate ways to achieve an increase in quality and quantity of wetlands. Historical losses and alter- ations, which have occurred in many locations in Southold, present numer- ous opportunities for restoration. viii. In addition to protecting and improving the Town's wetlands, adjacent lands that provide buffers to wetlands must be maintained and enhanced, and where appropriate, re-established.These buffers are necessary to ensure Page 1 of 3 Pte® O�Q the long-term viability of the Town's wetlands. Where these lands are in pri- vate ownership, educating residential owners as to the long-term benefits of boa compatible land use and landscaping techniques will be essential to main- taining the ecological health of some wetland areas. ix. The Town recognizes the value of wetlands to its ecosystem, its economy, and its aesthetic character. x. It also recognizes that federal and state regulations concerning wetlands do not fully cover local conditions, and in some cases, are less restrictive than local regulations. The Town Board of Trustees has local expertise A. Provide adequate buffers (in width and composition) between wetlands and land uses and activities to ensure protection of the wetland's water quality, functions, and values. xii. Vegetated buffers located adjacent to wetlands provide water quality protec- tion and groundwater recharge, reduce amount and velocity of run-off, pro- vide flood and storm surge protection, and wildlife habitat. Vegetated buffer widths from 50 to 100 feet are typically recommended to protect water quality and buffers widths of 100 to 350 feet or more are recommended to provide important wildlife functions. xiii.Avoid fragmentation of upland ecological communities and maintain corridors to facilitate the free exchange of biological resources within and among communities. xiv. Maintenance of breeding, nesting, and foraging habitat for wildlife and fish. xv. Ensure large-scale fence installations(e.g.,deer fencing) allow for the move- ment of vulnerable species including the box turtle and spotted turtle. xvi.Since 1990, designated a NYSDEC Critical Environmental Area (CEA) as an exceptional or unique natural setting and most likely meeting other criteria as well: 1. A feature that is a benefit to human health; 2. An exceptional or unique natural setting; 3. An exceptional or unique recreational, or educational value; or 4. An inherent ecological, geological, and hydrological sensitivity to change that maybe adversely affected by any physical disturbance. xvii.ln 2005 SDOS designated a Significant Coastal Fish and Wildlife Habitats (SCFWH). Southold Town seeks to protect and restore its 21. These habitats are indicative of high ecological value. To designate a SCFWH, NYSDEC evaluates the significance of coastal fish and wildlife habitat areas; then NYSDOS, following a recommendation from NYSDEC, designates and maps the specific areas. Recent additions to the program include Pipes Cove/ Creek and Moore's Drain Ecological Complex (2005)... xviii.The designations are important in review of development actions because the State Environmental Quality Review Act requires that a potential impact on the environmental characteristics of a CEA must be evaluated. xix.Degradation of elements within ecological complexes does not refer to the outright physical loss of these elements, but rather to a negative change in the quality of these elements caused by factors within or adjacent to a com- plex. This degradation usually occurs over a more extended period of time than with a physical loss and also may be referred to as a secondary impact. xx. Functional loss results not from major physical changes or even from changes in the basic quality of elements within a complex, but rather from inappropriate adjacent or internal uses (homes, marinas, various recreational uses)that are disruptive to certain species of animals and cause a change or shift in their activities. SECTION OF MASTER PLAN RELATED TO ELECTRIC FACILITIES Page 2 of 3 1 l 1 xxi.Protect scenic, natural, and cultural resources while planning for the provi- sion of adequate energy for the future. xxii.Protect scenic qualities important to the community from public vantage points including New York State Route 25 and Suffolk County Route 48 when locating energy generating or transmission facilities. xxiii.Mitigate adverse impacts through: 1. Burying transmission lines FMAR VED 2. Supporting innovative designs 3. Requiring significant vegetative buffering 3 5V4. Requiring large setbacks 2021 5. Requiring relocation 6. Denial ZOning Board Of Appeals 2) Whether there is an alternative solution that wouldn't require a varianc a. Inland locations on higher ground, lots that provide area enough for vegetative buf- fering, Consider leasing land from the town. 3) How substantial the request is a. This location is the very visible gateway to Greenport and the proposal would grossly change the character of this approach. The Master Plan specifically states that elec- tricity facilities should neither be on#25 or#48. 4) What the effect granting the variance may have on the environment. a. It would forever blight this land bounded on two sides by environmentally sensitive publicly protected wetlands having a recreational trail system that uniquely brings one from the Bay to the Sound and within an ecological zone of rare beauty and sig- nificant diversity of wildlife, including endangered species. This property has been mowed to hold back the wetlands that encroach into it but the marshy land should not be hardened into a concrete bunker for lithium-ion batteries having multiple cool- ing systems humming constantly. The property should have a minimum 100' natural buffers on all sides for those who walk,jog, bike or drive by this prominent location. 5) Whether the difficulty necessitating the area variance is self-created a. Yes it was. Page 3 of 3 t t February 24,2021 I"� 3 S MAR ® 2021 Leslie K. Weisman, Chairperson Zoning Board of Appeals Zoning Board Ofgppeals Town of Southold 54375 State Route 25 Southold, NY 11971-0959 Re: Suffolk County Energy Storage 11, LLC Special Exception Application#7463SE Dear Chairwoman Weisman: 1 respectfully wanted to address the following facts in support of the Battery Energy Storage Project proposed to be located on my property located at 69430 Main Road in Greenport. As you may recall, 1 attended and testified at the Board's February 4,2020 virtual Public Hearing, in response to the incorrect and unsubstantiated claims made by one or two Village of Greenport residents that my property"was a wetland site'; "had the potential for flooding";and "had poor drainage due to high groundwater". As the current landowner, who is fully informed and aware of what takes place and exists on my property, 1 wish to provide the following undisputed facts based on my direct knowledge, which is indirect contradiction to the erroneous claims made on February 4. lam certain that the following firsthand site conditions, based on my direct knowledge as the current landowner, will dispel any doubts held by anyone unfamiliar with my property,and will be given greater consideration and weight by the Board: 1. 1 have owned this property for approximately 3 years, during which time: a. The residence has always been occupied; b. There has never been any flooding, or surface water drainage issues on this property, nor have we had any issues with water in the basement of the residence. 2. As noted by a Board Member during the February 4. 2021 Public Hearing, as well as the Applicant's Counsel Steven Losquadro in pre filed written Testimony, the property is located within FEMA FIRM Flood Zone XX, which is (a) above FEMA's established 500-year Flood Plane; and( b) In fact, the high point- elevation for much of this area of the unincorporated hamlet of West Greenport. The attached referenced FEMA FIRM Map and Board-requested Site Topographic Survey are provided in support of this Rebuttal. - 3. Furthermore, as additional and highly relevant proof, it is noteworthy that the property has and maintains a septic system serving the residence, which has been fully operational and without any functioning issues for the past [100?]-years, thereby providing further factual support of adequate site drainage evidence, and further compels approval of the Applicant's proposed development of this property. 4. In addition, due to the recent events resulting from the massive power outages in Texas it has never been more obvious that we are in dire need of a sustainable energy storage solution on the North Fork. Thank you very much for your time and consideration, Jon Divello RECEIVED cc: Patricia Acampora (w/Encl.) BAR 2021 Eric Dantes (w/Encl.) Robert W. Lehnert,Jr. (w/Encl.) Nicholas Planamento (w/Encl.) Zoning Board Of Appeals Kim Fuentes(w/Encl.) Hon.Scott Russel,Supervisor, (w/Encl.) Steven E. Losquadro, Esq. (w/Encl.) 1 c RECEIVED d$� 3�SL. MAR 01 2021 3OD00®80ar+d O€Appeals Al(�(G� Board vo-11-e LO q0tA l S uppar� ���rs a s a- bre s� 5S ar�'�� to - �fo �f Al �u tS Yep ka fO D � 8"W 1-0 V�,s 31(1 RECEIVED— �74� 3S� LIAR 0 R 2021 Zoning Board Of Appeals Southold Zoning Board of Appeals 54375 Main Road Post Office Box 1179 Southold, New York 11971 Dear Board Members: I am writing about the Battery Energy Storage called Suffolk County Energy Storage II that is proposed for the Main Road in Greenport very close to the LIPA Substation. As a Town resident who wants to see our environment improved, I support this project. An important way to better our environment is to promote the use of renewable energy on our Island. This project does that. In addition, when you look at the intense industrial activity up and down the Main Road in that part of Greenport, and consider what could be placed on the land where it will go, there is no doubt at all that that this is the very best use for the site. This is new and clean technology that won't pollute like so many other uses permitted on that land. It will help stabilize the power grid and bring us tax revenue, too. Thank you for your consideration. Sincerely, 24 Rt ivE® MAR 2021 Zoning Board Of Appeals February 25, 2021 Southold Zoning Board of Appeals 54375 Main Road Post Office Box 1179 Southold, New York 11971 _ Dear Board Members: I am writing about the Battery Energy Storage called Suffolk County Energy Storage II that is proposed for the Main Road in Greenport very close to the LIPA Substation. As a Town resident who wants to see our environment improved, I support this project. An important way to better our environment is to promote the use of renewable energy on our Island.This project does that. In addition,when you look at the intense industrial activity up and down the Main Road in that part of Greenport, and consider what could be placed on the land where it will go,,there is no doubt at all that this is the very best use for the site. This is new and clean technology that won't pollute like so many other uses permitted on that land. It will help stabilize the power grid and bring us tax revenue,too. Thank you for your consideration. Sincerely, REMID LIAR 0 12021 Z®inieg Board Of Appeals Dear ZBA Members:-- As a resident of our Town, I wish to give my support for the Suffolk County Energy Storage II project that is before you. I am aware that it will be on the Main Road in Greenport directly across from the LIPA Substation. This project is much cleaner than anything else that can be placed on that property, and will provide needed tax revenue. It will also bring grid stability to our area, which is very important with all of the storms that have caused power outages. Also, it promotes renewable energy, which is critical for our environment. Thank you. Respectfully, Sakarellos, Elizabeth From: Peggy Lauber <winomom@gmail.com> Sent: Monday, March 1, 2021 3:02 PM To: Sakarellos, Elizabeth Subject: Fwd: Letter for Southold Town ZBA DECD Hi Liz, WEAR In Kim's absence, I am forwarding this letter to you. Zoning Board Of APPPA1S Thanks Peggy Lauber Begin forwarded message: From: Margaret Lauber <winomom c(D.gmail.com> Subject: Letter for Southold Town ZBA Date: March 1, 2021 at 2:59:43 PM EST To: kimf(a_southoldtownny.gov Hi Kim, Can you please confirm receipt of this letter? Thanks, Peggy Lauber President North Fork Audubon Society 516 526 9095 i .° .- : North Forkmudubon Society INC f r POB 973 Mattituck NY 11952 I P 1 � S9 Match 1,2021 BAR 0 1 Z021 Ms. Leslie'Kanes Weisman, Chairperson Southold Town Zoning Board of Appeals Zoning Board OfApp�l��;� Re: Suffolk County Encrgy Storage 11, LLC r Dear Ms. Weisman, I am writing on the behalf of North Fork Audubon Society(NFAS),a local chapter of National Audubon. C This year,we are celebrating our 50t11 Anniversary of connecting people with nature. We are the stewards of the Roy Latham Nature-Center and Inlet Pond County Park in Greenport, and we offer a wide variety of educational programs to our hundreds of members and the general pubtic. On behalf of the board of directors, i strongly urge the Southold Town ZBA to deny the application of Suffolk.County Energy Storage 11, LLC, for a special exception to site an 80-megawatt lithium-ion battery storage facility adjacent to 325 acres of critically sensitive lands and habitat,ones which the Town j of Southold and Suffolk County have spent millions of dollars to acquire and preserve, the cost of which was enthusiastically borne by the community. The Use of the parcel in question and its potential uses, if improper,could have such a profound and detrimental effect on the adjacent preserve and its inhabitants, that it has been idenfified an important parcel, meriting preservation by Southold Town, Suffolk County and the Peconic Estuary Partfaership 4 among others. The two-acre proposed site is located directly adjacent toa.section of the Bay to Sound trails system, part of a larger surrounding body of both tidal and freshwater wetlands(Pipe's Cove Creek and Moore's Drain habitat) and forests where malty species of birds, including Wood Ducks, Wood Thrush and many _ warblers live seasonally and breed.There are-also River Otters who are nomadic but feed, spend time and possibly breed in these wetlands—they rely on the wetlands to travel to and from nearby ponds(Sills Pond,the ponds at Arshamomaque preserve and nearby Sage Blvd.) where they fish and raise their young,Y The New York State Energy Development Agency(NYSERDA)developed a battery storage anodes law, and recommends before municipalities adopt local-law, as comprehensive plan oullining Pile goals and policies for the installation, operation, mainlenatce, and decommissioning of ballwy energy storage ,systems mist be adopted by the local governing hoard,"and create a "Battery.Ellergy Storage Task Force ("Tusk Force') that represents all iPiterc}sted stakeliolderc, including residents;'bztwsirresses, interested non-profit organizations,the battery enertD�storage industry, !Polities, and relovant municipal officials and staff to prepare an action plan, adopt or amend a comprehensive,plan to include battery enemy storage system planning goals and actions, and develop local laws and/or other regulalions to ensure the orderly development of battery energy storage system projects."I Southold Town needs to perform due diligence and require a full scoping.and_environmental impact statement. At the same time,the town needs to perform broader planning towards a code that establishes environmental standards and safety policies for energy storage such as the one Southampton implemented. Although rare, fires do occur at lithium-ion battery storage facilities,In the analysisZ of one such event conducted by Arizona Public Service, the McMicken Thermal Runaway and-Explosion Event, design flaws, an insufficient fire suppression system, and insufficient training for first responders were among the factors responsible for the incident. Who will review the plans to ensure they are sound? Will they have the expertise? Are we to rely on the. developer?Who will be responsible for trailing our first responders to ensure their safety, and that proper procedures are in place to deal with a potential fire?How would those fire suppression procedures, if employed, affect the adjacent preserve? What entity will be lead agency under SEQRA? Will there be public scoping sessions? Although NFAS supports the development of battery storage facilities in conjunction with renewable energy projects, or for lessening the use of inefficient"peaker plants,"but only if and when sited properly. Savion, an out of State company with no connection to.the,local community,.chose the site.because.it is 1 within close proximity to a gas energy facility, built decades ago, which in itself was poorly sited and sits in the middle of environmentally critical lands and in a FEMA flood zone. I appeal to you to not compound a bad decision made years.ago with another one,particularly.in an age when we know the effects habitat destruction and encroachment have had on dwindling wildlife and species populations, including birds. Sincerely, RECEIVED -746 .3S7G� MAR ® 1 2021 Peggy Lauber t�]FAS President (ting Board Of Appeals I https://w ww.nyserda,ny.gov/AII-Programs/programs/Clean-Energy-Siting/Battery-Energy-Storage- Guidebook 2 https://%vww.aps.con-d4media/APS/APSCOM-PDFs/About/Our- Company/NewsroomlMcMickenFinalTechnicalReport.ashx?la=en&hash=50335F65098D9858BFD276C4 OFA54FCE Sakarellos, Elizabeth From: Fuentes, Kim Sent: Tuesday, March 2, 2021 9:26 AM To: Sakarellos, Elizabeth;Westermann, Donna RECMW Subject: FW: Battery Storage Proposal I qb 3 S� LIAR 0'2 202 see comments below to distribute and file. Zoning Board Of Appeals From: Margaret Rose de Cruz [mrdecruz@gmail.com] Sent: Monday, March 01, 20219:04 PM To: Fuentes, Kim Subject: Battery Storage Proposal Dear ZBA< I OPPOSE THE BUILDING OF THIS BATTTERY STORAGE UNIT ON RT. 25 IN GREENPORT. IT IS A SENSITIVE AREA ENVIRONMENTALLY. IT IS SITUATED ADJACENT TO A PRESERVED AREA THAT PROVIDES NATURAL HABITAT FOR BIRDS, FROGS, INSECTS THAT WE NEED FOR A HEALTHY ECOSYSTEM. PEOPLE ENJOY WALKING ON THE TRAILS HERE, THIS BATTERY WOULD BE EMITTING A NOISY HUM, IT WOULD DISTURB NATURE AND PEOPLE. IT IS UGLY AND WOULD BLIGHT THE APPROACH TO GREENPORT. THERE IS NO REASON FOR THIS SITE TO BE USED FOR SUCH A PURPOSE. THANK YOU, MARGARET ROSE DE CRUZ, 25 WASHINGTON AVE. GREENPORT, 11944 NY Margaret Rose de Cruz home 631-477-6898 cel 917-865-4655 http//marizaretrosedecruz.blogspot.com ATTENTION: This email came from an external source. Do not open attachments or click on links from unknown senders or unexpected emails. i �1r�G�lltid� ku bft-VO Sakarellos, Elizabeth From: Fuentes, Kim Sent: Tuesday, March 2, 2021 9:36 AM To: Sakarellos, Elizabeth;Westermann, Donna Subject: FW: Battery location 7`fG3 S� pls distribute and file MAR ®2 2Q21 From: Sarah Cumming [sarah.cumming99@yahoo.com] Zoning Board pfq Sent: Sunday, February 28, 20219:51 AM AAeaIS To: Fuentes, Kim Subject: Battery location Please note that I am opposed to locating the battery field n the Gateway to Greenport. This is a scenic bye way with wetlands.The property is bordered on two sides by public lands and should be preserved. Thank you, Sarah Cumming, 116 North Street, Greenport 11944 Sent from my iPad ATTENTION:This email came from an external source. Do not open attachments or click on links from unknown senders or unexpected emails. 1 bz)aA Dear ZBA Members: I want to express my support for the Suffolk County Energy Storage Project in Southold. I was personally affected by Sandy and very little actions were taken after the fact. I do -not want to wait for another natural disaster to-happen for us to act. I appreciate your- hard work and want to thank you for taking the time to hear me out. I hope to see the project succeed. Best, l V s V I to W �vVLV'� S-o t.avio id To w►'► , Th l S I ifie r 1"S re 9 a rd i nq -ih e ba fhe r 4 5�o ra Q r0j e c� fi On f h e mai voa d. J I believe tlniS wo�,�cl be i re . reSou �r� � suigpo(� all py'oje&S wo�ki V1y to bettn Vdwn Ghd 1 Sfi'oV',9I� b�lie�e �h,S iS - Ore a - T�101 V)IC you DE Zo+�� RE 1 t� MAR 0 2 2021 Southold Zoning Board of Appeals Zoning Board OfApp!6 S 54375 Main Road Post Office Box 1179 -Southold, New York 11971 Dear Zoning Board Members: I write to express my support for the Suffolk County Energy Storage II project that is proposed on the Main Road in Greenport, right near the LIPA Substation. This is a good and needed project that will be a really low intensity use, unlike most other things around it. Also, it will help supply clean energy and support the electric grid. We sure need that, given so many of the storms that we've had to endure recently. As a fellow Town resident,thank you for considering my position. CA rn Sincerely, Hello I -� 01M w rl'+ Oj Lmv�l stomop an nloti'v-) 6CLOI VA Or ro >�S a +own resid-erl� L bili-e /e , YI ocar � s i n+er.,,. OL rehelwabLt �ovA far REc I 3 MAR 0 2021 Zoning Board Of Appeals RECEIVED / - - qq 3 5i� MAR 0 3 2021 To:Southold ZBA From: Dinni Gordon, Greenport Zoning Board OfAppeal5 For years I have taken walks along several of the trails around Greenport that are now being connected to form a Bay to Sound experience.Surrounded by preserved plots that protect a wide variety of birds and other wildlife,the trails lead to ponds and creeks that host ducks and otters.To walk there is a magical introduction to the natural graces of Greenport. The area also feels somewhat fragile. It needs protection from the noise of traffic,the trash discarded by careless visitors and the erosion of parts of the shore. Whether or not technically wetlands,the trails are damp most of the year.The designation of the boundaries of Route 25 as light-industrial is a perpetual challenge to the maintenance of an ecological habitat appropriate for the network of trails under construction. With these opportunities and impediments in mind, I must object to the proposal for battery storage immediately abutting this preserved land as a special use permitted under the zoning code. I take this position reluctantly because battery storage is certainly environmentally preferable to traditional energy facilities and I would support the project in an upland or truly industrial area. But here I would argue that we have a Type I activity with likely environmental impact requiring a full SEAR process of report, public comment and perhaps analysis from an independent source. I hope your review will be able to persuade me that the proposed use conforms with Southold's comprehensive plan and with the highest standards of environmental protection. North Fork Environmental Council 12700 Main Road -� PO Box 799 North Fork f?n Mattituck, NY 11952 Environmefftal Council Phone: 631.298.8880 Fax: 631.2 98.4649 Web: www.NFEC1.org TRECENEDMarch 2, 2021 G3 59 Re: Suffolk County Energy Storage II, LLC 3 202 Dear Ms. Weisman and members of the Southold ZBA: Zoning Board Of Appeals The North Fork Environmental Council (NFEC) has been advocating for the protection of our local environment since 1972. Our board of directors and volunteers dedicate their efforts toward protecting water quality and water conservation, energy conservation and mitigating climate change, sound land use planning, reducing toxins in our environment and promoting best practices for a sustainable environment. We understand that the proposed project requires a special exception permit to site an 80-megawatt lithium-ion battery storage facility in Greenport. The NFEC recommends that a full scoping and environmental impact review be required to fully understand the impacts of the project. We support the development of battery storage facilities as they should be integral to renewable energy projects. We do not, however, believe that the proposed location is the correct location for a lithium battery storage facility. As stated by Southold Town's Land Preservation Coordinator, "the subject property is located within an environmentally sensitive area ...Years of preservation efforts have resulted in over 325 acres in the immediate area being permanently preserved for purposes of open space preservation and public access." "The subject site, and other properties in the immediate area, are included on numerous lists for potential preservation." Many of the properties that have already been protected had LI and LIO designations, similar to the proposed site, so precedent has been set for the preservation of environmentally sensitive properties within all zoning districts in the area. The two-acre proposed site contains approximately one-half acre within a NYS Department of State designated Significant Fish and Wildlife habitat. One quarter acre is mapped as freshwater wetlands with the potential for additional wetland areas once naturalized. "The parcel currently drains to two wetland areas on the adjacent County parkland," according to the Town's Land Preservation Office. "Based on the proposed coverage of the parcel, stormwater runoff will be significantly increased compared to current conditions." For the reasons stated above we believe the project should be subject to scoping and a full environmental impact review. Thank you for your consideration. Sincerely, Susan MacKenzie NFAS President aD�Oa�eryandF�e9ys New York Battery and Energy Storage z� HY Technology Consortium, Inc. BES+� eh�0109Y Cons"�\J� February 26, 2021 Via e-mail and USPS RECEIVE® -740 Su Zoning Board of Appeals MAR 0 3 2021 Town of Southold Zoning Board Of Appeals Town%Hall Annex.Build' 5437.5_=_Route 25_ _ _ . P.O. Box V9 Soutliolci, NY 11971= kimf Cad southoldtownny.gov RE: Suffolk County Energy Storage II, LLC Special Exception Application #7463SE To the Zoning Board of Appeals: New York's landmark 2019 Climate Leadership and Community Protection Act (CLCPA) mandates 4o% Greenhouse Gas emissions reduction by 203o and no less than 85% by 2050 from 1990 levels. Achieving these targets require leadership and action across every sector of the State, including the electric utilities, as well as elected and appointed government officials. Within the past several months: ■ I've had the honor to serve as a member of the State's CLCPA Power Generation Advisory Panel. This group has been addressing how to implement CLCPA goals, including the need for a more significant role for energy storage. ■ In October 2020, NY BEST released an independently prepared Study by Strategen, which: o Found that: • Long Island is home to 26 fossil-fueled power plants,that seldom operate yet impose significant costs on Long Island electric customers,including 4,357MW of "peaker plants" that operate only 15% of the time. This includes National Grid's diesel-fueled Southold Peaker located within Soo' of the Applicant's proposed Suffolk County Energy Storage II, LLC Project. 230 Washington Ave. Ext,Suite 101 Albany,New York 12203 I www.ny-best.org I info@ny-best.org 1518.694.8474 • To maintain these peakers, LIPA customers pay an estimated $473 million annually, almost three times the competitive market rate for generation resources cleared through NYISO's competitive markets. • Over the next decade, fossil peaker replacements could save LIPA customers as much as $393 million, representing savings of approximately $36o per household across LIPA's 1.1 million customers. o Concluded that: • More than 2,30oMW of Long Island's fossil fueled peaking power plants can be cost-effectively replaced with energy storage over the next decade, significantly reducing harmful air pollutants; and • Replacing Long Island's oldest,least efficient, and most polluting fossil- fueled peaker plants, including National Grid's Southold diesel-fueled peaker plant,with lower cost, emission-free energy storage will reduce energy costs, create jobs, build a more resilient power system, and reduce air pollution and greenhouse gas emissions in communities across Long Island, including the North Fork. For these compelling reasons NY BEST supports Suffolk County Energy Storage II, LLC's proposed battery energy storage Project. Sincerely, RECEIVE® - v _ MAR 0 3 202 William Acker Zoning Board ofAppeals Executive Director 230 Washington Ave. Ext,Suite 101 Albany, New York 12203 I www.ny-best.org t info@ny-best.org 1518.694.8474 r-- RECOWED .� lba�✓� '9'x(0 3 S� q)e 3(vPZI LOUISE HARRISON MAR CONSERVATION & NATURAL AREAS PLANNING P.O. Box 214 PECONIC, NY 11958-0214 Zoning Board Of Appeals 631-428-1315 consnap.li@gmail.com March 3, 2021 Leslie K.Weisman, Chairperson Town of Southold Zoning Board of Appeals P.O. Box 1179 Southold NY 11971-0959 Re:Suffolk County Energy Storage II, LLC application for Special Exception;SCTM#1000-45-5-1 Dear Ms.Weisman: The above-named application has been the subject of coordinated review under SEQRA; no decision by any government agency or subdivision/empaneled body of the Town should be made on this application until SEQRA has been satisfied. It is my opinion that despite the general desirability of energy storage facilities,the construction of a battery energy storage system (BESS) at the proposed site would have significant adverse environmental impacts; it therefore should be the subject of an environmental impact statement. Should lead agency status of the Zoning Board of Appeals change, kindly forward my comments t&-the subsequent lead agency,which I suspect may be the Southold Planning Board. Please note I support the January 29, 2021,comments on this application submitted by Southold's land preservation coordinator Melissa Spiro,and the March 1, 2021, memorandum on the coastal consistency review prepared by assistant town planning director Mark Terry.The concerns raised by Ms.Spiro and the application's inconsistency with the Southold Local Waterfront Revitalization Program,as elaborated by Mr.Terry, demonstrate there are potentially significant adverse environmental impacts that should be incorporated into a scoping document for a Draft Environmental Impact Statement(DEIS).The scoping document,which would be subject of a public hearing, likely will illuminate additional concerns that should be addressed in a DEIS,as well. The project has become controversial,despite the generally supportive views of many environmentalists toward energy storage facilities. Hard-won open space,wetlands, and protected wildlife habitat should not be compromised for well-meaning projects that should and could go elsewhere. Flexibility in the location of projects not yet built is implied; natural lands cannot be relocated or recreated. In addition to addressing the concerns already submitted by Southold staff members and members of the public, the DEIS should discuss alternative locations for the proposed project, including siting of the project off the North Fork. The acquisition and protection of public open space is a long and expensive process that epitomizes people's values and hopes for the future.The accomplishments of the Town and of Suffolk County in preserving land in the vicinity of the proposed project need to be honored and upheld. The review of this project should not proceed without full SEQRA review, including the preparation of a DEIS. I would be happy to participate in scoping for same. Sincerely, Louise Harrison 5r J or%DU Onve - - Sawj,�nald, NY W111 Febrvcarl 24, 202-1 To M1nom It Mail Concern, m wri++in� • p Share ml support for the Ba;vte ens rgc� ')VQ protea . Af ter 8ce i n j^ ihs lateSf Te,xa,s I'm fearf"I +hat wii-V)ou+ +he ric k►f- reSoCA-CPS - We CO LAW face a S►Chldar- Situctton- ThiS project Seem' oraQni zed , and ewcthve, I I oo K folwod-d +D &eeinq toiKt place , ThA1/110 Yo r REC MAR 0 2 2029 Zoning Board Of.Appea�s Fuentes, Kim From: Fuentes, Kim Sent: Wednesday, February 10, 2021 8:35 AM To: Eric Dantes; lesliew@town.southold.ny.us; Nicholas Planamento; Patricia Acampora; Rob Lehnert Subject: Public Comments - SC Energy Storage - : BESS See public comments below. From: Krae Van Sickle<krae@krae.net> Sent:Tuesday, February 9, 20213:47 PM To: Fuentes, Kim <kimf@southoldtownny.gov> Subject: [SPAM] - BESS Hi Kim—I wanted to suggest that if instead of putting all 80 Megawatts of batteries in the same location,creating a siting challenge,they were distributed to critical service facilities like hospitals,fire stations, EMT dispatch, Police stations,food services, etc the cost of that storage would serve magnitudes more services than the limited range of services they provide when put all in one place. The top service it would provide would be resilience. If the storage was bundled with solar, maybe wind and back up conventional generation in case those critical facilitates could continue to operate when the grid failed in emergencies such as big storms, cyber attach or fires(as in CA). Thank you, Krae Van Sickle 516-769-7877 fop k ADVANCED GY Research and Technology Center Robert B.Catell Chairman AT CT(1NV RG(1(11( 11 N 11/FAC ITV February 22, 2021 RECEIVED ( Zoning Board of Appeals FEB 212021 Town of Southold 1 Town Hall Annex Building Zoning Board Of Appeais 54375 Route 25 -- PO Box 1179 Southold; N Y 11974 kimf5southoldtownnv.gov RE: Suffolk County Energy Storage II, LLC Special Exception Application #7463SE To the Zoning Board of Appeals: I've recently been made aware of the subject Application by Long Island-based representatives of the Project being proposed by Savion Energy, among the nation's private sector battery energy storage developers. This proposed Project aligns with two (2) recent landmark, game changing, State initiatives that will require local elected and appointed officials' cooperation and leadership"to successfully implement: ■ 2019 Climate Leadership Community Protection Act (CLCPA), which mandates our entire State's utilities, including LIPA, transitioning from fossil fueled electric generation to 100% renewable energy generated electricity by 2040; and - ■ 2018 The PSC set an energy storage goal of 3,000MW by 2030 with an interim goal of 1,500MW for utilities'-sponsored, private sector developed, energy storage. Both of these actions are aligned with LIPA's objectives to a) improve its power delivery reliability through strengthening its electric grid with state-of-the-art technologies like strategically distributed energy storage; and b) to reduce greenhouse gas emissions from fossil fueled generation: Accordingly, the proposed,battery energy storage Project, strategically located just 500'from LIPA's Southold Substation and National Grid's diesel fueled Southold peaker Unit, is also 100% aligned with both of these State initiatives. For these reasons I would like to express my support for this proposed Project, important to Long Island North Fork's public-health, safety and welfare, as protected by its local elected acid appointed public officials. Sincerely, = RBC/ah Stony Brook University, 1461 Franklin Ave., Suite LLS, Garden City, ICY 11530 Tel.: (646)472-2064/robert.catel[O-stonybrook.edu/Web:www.aertc.org 1 - ®rt)-b a-c _ RECEIVED FEB 2 6 2021 Joeseph DeAngelis Board Of Appeals 13355 Middle Road Cutchogue, NY 11935 February 24, 2021 Southold Zoning Board of Appeals 54375 Main Road Post Office Box 1179 Southold, New York 11971 To Whom It May Concern: 0 1 write to inform you of my support for the Battery Energy Storage project that you are considering known as Suffolk County Energy Storage II. It is proposed to be on the Main Road in Greenport right across from the LIPA Substation. There is no question that this is the best project that could go on the industrial land where it will be placed. The Battery Energy use will be quieter, cleaner and more environmentally friendly than other heavy uses that are allowed on that parcel. It will bring tax revenue and will not cause any traffic, emissions or groundwater discharge. I sincerely hope that you will approve it. Very Truly Yours, Joeseph De elis J REC EIVED FEB 2 2 20 J 21 3 ail, w � Zoning �oal'cl of�.p�ea1s x, �renewabe em r9Y an Clean Energy •Safe Environment Healthy Planet February 22, 2021 Zoning Board of Appeals Town of Southold Town Hall Annex 54375 Rt. 25 PO Box 1179 Southold, NY 11971 Via email: kimf(a)southoldtownny.gov RE: Suffolk County Energy Storage II, LLC - Special Exception Application #7463SE To the Zoning Board of Appeals: We are writing in support of energy storage facilities proposed as part of an effort to strengthen and modernize our electrical infrastructure on Long Island and other parts of New York State. It is clear that Long Island's antiquated and polluting fossil-fueled power plants need to be replaced with clean and renewable energy generation. New York's Climate Leadership and Community Protection Act (CLCPA) mandates that 70 percent of our electricity be generated from renewable energy sources by the year 2030, and that by 2040 all electricity will be generated from renewable or carbon-free resources. Battery energy storage facilities, like the facility proposed in Southold by Suffolk County Energy Storage II, are a crucial part of enabling a timely transition to renewable energy resources. The South Fork is already benefitting from two utility-scale battery energy storage facilities located in the Town of East Hampton adjacent to LIPA substations. Suffolk County Energy Storage's proposed facility would be in close vicinity of the LIPA Southold Substation, a location which would help to ensure reliable electric service on the North Fork. Thank you for your consideration of this important matter. Sinc ply, f Gordian Raacke Executive Director reLl is a 501(c)3 not-for-profit working to accelerate the transition to renewable energy on Long Island Gordian Raacke Executive Director reLl, PO Box 4103,East Hampton NY 11937 Phone(631)329-8888 www.RELLora info(&RenewableEneravionaisland.ora 4 Fuentes, Kim From: Jon Divello <jondivello@icloud.com> Sent: Thursday, February 18, 2021 10:14 AM To: Fuentes, Kim Subject: How one Texas storm exposed an energy grid unprepared for climate change / https://www.nbcnews.com/science/environment/one-texas-storm-exposed-energy-grid- unprepared-climate-change-rcna289 Please send to ZBA members. I feel this is pertinent to the necessity of the Savion energy project on the main road in greenport. Sent from my iPhone ATTENTION: This email came from an external source. Do not open attachments or click on links from unknown senders or unexpected emails. 1 Y r Fuentes, Kim From: Madeline Ryan <maddyryan777@gmail.com> Sent: Friday, February 12, 2021 2:29 PM To: Fuentes, Kim Subject: [SPAM] - Support for Energy Storage Southold AVO JC Hi Kim, I'm reaching out as a resident to express my support for the energy storage project in Southold.As a resident and environmentalist myself, I've feared the high influx of new homes and businesses emerging in the area with the lack of resources to support them. We live in an area that thrives off of tourism, in order to sustain that we need alternative options for energy.This seems like a great project, I felt very well informed and compelled listening to Savion make their case. The counterargument in the area of conflict doesn't hold much of a concern in my eyes. The surrounding area and 'surrounding' is generous, seems irrelevant to the issue at hand.The preserves aren't running through the privately owned land and Savion made it clear the noise is not an issue. I see more of an issue with a monstrosity of a house being built at the location then a battery storage location that will power 200,000+ homes. It's not a matter of if alternative energy is coming, it's when and I believe the town of Southold spearheading this would say a lot about the leadership within the community, preparing for energy storage is vital for continued success on the North Fork.Thank you and I appreciate you taking the time to hear me out. Best, Madeline Ryan 1 Fuentes, Kim From: Jim Haag <jhaag@verdura.com> �Lj�, Sent: Monday, February 8, 2021 10:07 AM /0 To: Fuentes, Kim Cc: Yahoo Subject: Suffolk County Energy Storage/Greenport Preservation Parcel R�eEIV'11 FEB Thank you Kim for passing this on to your colleagues. Please confirm receipt. � Good morning friends and neighbors on the Zoning Board.This is Jim Haag and I am writing you from Orchard Stree in Orient where I have lived for 23 years. I am writing to ask to please consider denying the proposal to turn over the wild 2 acre preservation-slated land on route 25 in Greenport to a battery storage facility. This is our only chance to save this parcel which is already on the town, county and state's preservation list due to its location in an environmentally sensitive area. Once this is developed there is no turning back. The entire north fork, and Greenport in particular, is desirable because of our plan to maintain its beauty and rural quality. Every time we make a decision to cut into that plan we lose a bit of our specialness and ourselves. If you have ever taken the LIRR into towns up-island or driven on Sunrise highway from Babylon west you can see what happens when money wins out over character. People try to bend preservation plans and compromise existing visions for the town using a cliched jargon about greenhouse gas.This project is just a big back up generator and is not a solution to a critical problem. The wildness of this property and then nature it protects is every bit as important to the environment,and it offers many other benefits to the citizens : —Preserving natural trees and vegetation that allow the earth to breathe and fight greenhouse gas —Preserving space and natural character —Providing a home for wildlife —Helping us to breathe emotionally and increase our quality of life. If this is so critical, perhaps there is an already developed, dilapidated area that can be repurposed for that use. But honestly, my friends in Greenport rarely have problems with their power grid. Please stay with your preservation plan. I see from previous decisions that this Board understands what makes this north fork special and I hope you will remain true to that vision. Sincerely, James Haag 4725 Orchard Street Orient NY 11957 6319026452 i Sent from my Phone ATTENTION:This email came from an external source. Do not open attachments or click on links from unknown senders or unexpected emails. V� 2 7- EIVED FEB - 3 70?1 Zoning Board of Appeals 7q Baftery SProposed for Wetlands rea Suffolk County Energy Storage II's Application for 69430 Main Road, Greenport, 1000-45-5-1 f i I I i i NorthFor I North Fork G ` Environmental Council Audubon � Greenport Civic Association hORl'HE EAST END S/ `f society[tic i Good Project/Wrong Location • Battery storage better than expanding fossil fuel generating plants to meet peak demand • Lithium Ion batteries should not be located in fragile wetland areas • Generator across #25 sited in 1964 should be relocated to safer location • Southold Town ZBA should reject all variances • Southold Town should immediately rezone outdated industrial zoning of environmentally sensitive lands J' Proposed layout of structures i GEN-TIET0 SOUTHOLD (FEEDER nAW) 21YWIDEACCESS ROAD(TVP) oyT OHT PROJECT SUBSTATION 1 \ �� �`"•�•''. ,/` /J SWITCHGEAR !! PROJECT --� - 1 � ` ERY&GATE \ i / ./` INNTVERTER(TYP;,`, J ./i J`f;r —15'SETBACK,t F BUFFERDEC(ryP'WETLAND r � /' ; t BATTERY CONTAINER(TYP) \FENCE LINE(TYP) '�a• 4V �, �(j! NYSDEC WETLAND(TYP) ! PROJECT BOUNDARY(TYP)-- I♦ / 20 SETBACK ,r ( s fI �� ♦� �\ `�,'11�•?'Y - ` W NYSDEC AVOIDANCE H \ BUFFER PROJECT ENTRY &GATE / ! /10'SETBACK 29 SETBACK 4f Ne�rLANGAA / 1 � 4' .1, Q 4r��nn astr�.Enucrnental:erre NYS -OT Li of Scenic ways - wr rwe�r�a�aad�r�o� �oranhe�mn.s�ms•c !J! J / � i Nbk Psa,NY iJ661 Southold s- >. Turbine 60 � 964 Construction Yard has received DEC GEN-TIE TO Violations y. o , SUBSTATION (FEEDER OW) A ENTRY BrCATE INVERTER(TYP) j t �.,. -� - ^. BATTERY CONTAINER(TYP) a "r FENCE LINE(TYP) t PROJECT BOUNDARY(TYP) 65'SETBACK. BUFFER _.� aROJECT ENTRY ,+} �'� # h (:ATF } <h^•> v y, h.. t,w y ,z f 10'SETBACK s, g F, 26 SETBACK "I SOF x � LANGAP £ i rzc<rnwnel.5�� {� � �.OAfIM PA 4Miw'aYn antl!'a�na r.01 � AsNvh BNN..q,Eu1e IMJ • AINe CAn.NY IOD7f r 'S WAMMIMWN BAVnk/IIUNUF IMl Mrs [[tViMMILhA'AMt1.!it1lV11 ANY�E' �d. 0414 4�O ti;F�Nc:o Ao-�Mc uxocnn omcnr RECEIVED Fuentes, Kim From: Leslie Weisman Forward 'appeals G Sent: Monday, February 1, 2021 6:29 PM ��/ To: Planamento, Nicholas Cc: Fuentes, Kim;Sakarellos, Elizabeth;Westermann, Donna; Duffy, Bill; Eric Dantes; Robert Lenhert; Patricia Acampora Subject: Re: Suffolk County Enery Storage Curry and Groneman live in Southold and are both retired professors. I know them socially which is why they have my personal email address and did not realizing they should have sent their email to the office. Since the office was closed today I sent it out myself. We will be getting more comments from planning that will be very detailed about adverse environmental impacts. And Mark is doing the-same for the required SEQRA he is doing for the ZBA. I will bring you all more up to date on this application during executive session. I will also be appearing before the Town Board tomorrow morning via zoom to discuss proposed code changes for properties with two front yards. More later. Stay safe everyone. Be careful if you have to drive anywhere Leslie Sent from my iPhone > On Feb 1, 2021, at 6:13 PM, Planamento, Nicholas <nicholasp@southoldtownny.gov> wrote: > hiall > what a day, right? beautiful... > is this letter of opposition-from a neighbor, a town resident/property owner or just a member of the public... i only see an NYU.edu address - nothing illustrating their residency... > also, i've seen comments on facebook/ST- can we get a letter from > Land Preservation or another Town authority illustrating what comments > indicate - relative to the environmental & preservation issues? or > refuting it ty n > From: Leslie-Weisman Forward > Sent: Monday, February 01, 20213:24 PM > To: Fuentes, Kim; Sakarellos, Elizabeth; Westermann, Donna; Duffy, > Bill; Planamento, Nicholas; Eric Dantes; Robert Lenhert; Patricia > Acampora; Leslie Weisman Forward > Subject: Fwd: Suffolk County Enery Storage > Please see the email comments below on the Suffolk County BESS > application. The office is closed today because of the snow. Stay safe > everyone Leslie 0 750 Pipes Neck Road Greenport, NY 11944 Ms. Leslie Kanes Weisman, Chairperson Zoning Board of Appeals �[ 1Z 7, Town of Southold Southold Town Hall 53095 Main Road P.O. Box 1179 RE�FIV� Southold, NY 11971-0959 �D FEe , January 30, 2021 201?in9 e Z 2421 Via email @ kimf@southoldtownny.gov, °ark°��lpp���v Elizabeth.sakarellos@town.southold.ny.us and Re: ZBA#_7463, Suffolk County Energy Storage Il, LLC SCTM # 1000-45.-5-1 Dear Ms. Weisman, We are catching up with this application which requests an exception to Southold's principled, effective regulations because we did not receive a notice of the February 4th public hearing, even though we have a stake in the matter as a nearby resident of Pipes Neck Road that abuts Pipes Cove Preserve. I have never been moved in my life to write such a letter but this application to store enormous amounts of poisonous lithium-ion batteries in a facility behind a seven-foot chain link fence next to permanently preserved land with delicate, unique habitats and watersheds is outrageous on its face. We urge you to stop this proposal before it gains momentum. There are so many reasons, some that tear at the fabric of the North Fork and the decades-long work of public-private partnerships to build, preserve and enhance a unique land and water greenway from Arshamomaque to Pipes Cove to Moore's Woods and finally to the Sound: Stress on the sensitive and unique plant and wildlife habitats of the 325+ acres and surrounding watersheds of the Pipes Cove and Arshamomaque Preserves. There is overwhelming consensus that these Preserves are unique and in need of further protection: 4W 4P Page 2 Re: ZBA# 7463 January 30, 2021 • The 2004 NY Natural Heritage Program environmental assessment (prepared in partnership with the NYSDEC and The Nature Conservancy) -a building block to what led to the eventual preservation of the area- catalogued rare plants and species and concluded that Pipes Cove "is worthy of long-term protection." • The 2004 Town of Southold LWRP -another building block to the eventual preservation of the area-described in painful detail the pattern of strain on the Pipes Cove ecological area. • Rejecting the proposal keeps the hope alive that Southold can achieve an intact corridor of natural communities when linked with the Arshamomaque wetlands and Moore's Woods to the Sound -what the U.S. Fish and Wildlife Services describes as one of the few remaining opportunities to create such a greenway on the North Fork. • The Nature Conservancy's Peconic Estuary Protection & Pipes Cove Wetlands Project identifies an "urgent need for preservation" of the area, identified as "high priority" for preservation. Tellingly, the December 18, 2020 Application for Special Exception touts that the proposal would "not adversely impact nearby current existing mixed local existing residential, commercial, institutional and industrial Land Uses along Main Road" but completely ignores the impact to plant and wildlife habitats and the burgeoning usage of the recently installed trails by residents and visitors of the adjacent preserved lands. • Storing innumerable racks of lithium-ion batteries on 2+ acres will poison the land and seep into the water. Anyone who has disposed of a lithium-ion battery at the County Dump will learn the delicacy involved and harm to the soil and water when not followed carefully. Interference with the quiet enjoyment of the homes of nearby residents The Proposal admits the lithium-ion battery facility will generate noise, albeit within Light Industrial Zone limits. It is reckless to deliberately add continuous noise to adjacent permanently protected land because it will interfere with the mating patterns and other behaviors of the wildlife that rely on these areas. For example, the National Park Service has documented the negative effects of noise pollution on the breeding habits of various fauna including insects. Page 3 Re: ZBA# 7463 January 30, 2021 A nuisance to the peaceful use of the Preserves by hikers, bird watchers, hunters, fishers and other outdoors people The North Fork's priorities have changes greatly since the Southold Electric j Substation was constructed decades ago, especially toward a focus on ^0;I permanent land preservation which now surrounds the Substation. ` b The Proposal is in the wrong place at the wrong time based on the bountiful preserved land in the area. Surrounded by a seven-foot chain link fence and driveway, no one wants to hike the trails or otherwise enjoy the preserved land in the shadow of a storage facility for poisonous batteries. If the site absolutely must be developed, storage of massive amounts of lithium-ion batteries in perpetuity is not the right choice. The environmental impact of long-term storage of lithium-ion batteries/is still being understood but it is well-accepted that the batteries can leach t6xic heavy metals such as cobalt, nickel and manganese. The poisonous nature of lithium-ion batteries poses a long-term risk. The concentrations of the toxic heavy metals exceed the concentrations in natural ores and, therefore, they are equivalent to highly-enriched ores that have half- lifes into the thousands of years. Heaven forbid if there were ground contamination or a fire. The long-term effect to the soil would be devastating for thousands of years without disruptive ground clean-up. The electrolyte in a lithium-ion battery is flammable and creates a serious toxic effect because of the toxic heavy metals including fluoride gases. We shouldn't, and can't, take the risk. The area is a breeding ground and critical habitat for a variety of wildlife including the box turtle, wild turkey, seaside dragonlets, red-tailed hawk, osprey, least tern, great egret, green heron, sandpiper and other shore birds, weakfish, tautog, scup, winter flounder, bay scallop, hard clam, horseshoe crab, juvenile sea turtle and a variety of ducks. The proposal sets a bad precedent that would reverse decades of hard work by many public and private stakeholders to preserve the North Fork. We are all long-term caretakers for the future generations of North Fork ecosystems, residents and visitors. 00 00 Page 4 Re: ZBA# 7463 January 30, 2021 1 respectfully urge you, as Chairperson of the Zoning Board'of Appeals, to show �) the wisdom and judgment to put a stop to this Proposal. Sincerely, V /TS Thomas Sarakatsannis �k E a.; x � , f, v r k. �•arab J x j J' +. 4r: - r s v, 4 qr Wff rs Green paint can barely hide gray metal boxes and security fence visible -- from all sides. d� n a i l d, RS ERVE �.t Town Open Space County Open Space Town/County Open Space c� Say to Sound Project:Trail Map Red = Existing trails open to the public Blue=Trails under construction, due to be completed in March 2021 Environmentally Sensitive Land From Southold's Department of Land Preservation • $12.7million has preserved 325 acres of environmentally sensitive lane in immediate vicinity • On Town, County„ DEC & Peconic Estuary Partnership Critical Lands lists for potential preservation. • Will be visible from approx. 550' of trail on publicly-funded Bay to Sound Trail and Trail comes to approx. 100' of property. • Approx. 1/2 acre of parcel designated Significant Fish & Wildlife habitat by NYS DOS. • At least 1/4 acre wetlands, should be checked for more - S • Proposed development will cause significant increase in runoff. _eWt,,JJ ,6 Z,, M Proposed energy facility on environmentally sensitive land marked by Southold Town for preservation must be rejected Pipes Cove Preserve,together with the adjacent Arshamomaque Preserve,comprise over 325 acres for purposes of open space, preservation and public access Suffolk County Energy Storage II,LLC,("SCES"),a private company,has proposed to build a lithium-ion battery storage facility on land almost entirely surrounded by Pipes Cove Preserve to the south and Arshamomaque Preserve to the north.SCES has been granted an option to purchase the two acre property and would tear down the existing residence on the property,build the battery storage facility and connect it to the LIPA/PSEG substation nearby to improve local grid reliability by storing enough energy to power local homes for up to eight hours in the event of a power shortage. If built,the facility would be approximately 100 feet from from the public trail in Pipes Cove Preserve and visible from multiple locations along the trail.Imagine the surprise of trail users to walk past an energy facility while enjoying nature!Kind of defeats one of the purposes of the preserve,doesn't it? Most lithium-ion batteries contain toxic chemicals and have been known to leak and even explode. One of the areas flows into a tidal pond connected to Pipes Creek which flows into Pipes Cove and Southold Bay.There is risk of contamination to our land and waters Southold Town's own Department of Land Preservation has reviewed SCES's proposal and"hopes that a less environmentally sensitive site,and one outside of an area of such significant existing and potentially future preservation efforts,can be found for this proposed use." Please, do not allow this facility to be built right in the middle of Pipes Cove and Arshamomaque Preserve potentially contaminating our pristine and precious lands! Claudia Fleming � RECEIVE® FEB p 6 M1 o,In rd of APPSals� db 750 Pipes Neck Road Greenport, NY 11944 Ms. Leslie Kanes Weisman, Chairperson f Zoning Board of Appeals Town of Southold Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 January 30, 2021 Via email @ kimf@southoldtownny.gov, EIizabeth.sakareIlos@town.south old.ny.us and Re: ZBA# 7463, Suffolk County Energy Storage ll, LLC SCTM # 1000-45.-5-1 Dear Ms. Weisman, We are catching up with this application which requests an exception to Southold's principled, effective regulations because we did not receive a notice of the February 4th public hearing, even though we have a stake in the matter as a nearby resident of Pipes Neck Road that abuts Pipes Cove Preserve. I have never been moved in my life to write such a letter but this application to store enormous amounts of poisonous lithium-ion batteries in a facility behind a seven-foot chain link fence next to permanently preserved land with delicate, unique habitats and watersheds is outrageous on its face. We urge you to stop this proposal before it gains momentum. There are so many reasons, some that tear at the fabric of the North Fork and the decades-long work of public-private partnerships to build, preserve and enhance a unique land and water greenway from Arshamomaque to Pipes Cove to Moore's Woods and finally to the Sound: Stress on the sensitive and unique plant and wildlife habitats of the 325+ acres and surrounding watersheds of the Pipes Cove and Arshamomaque Preserves. There is overwhelming consensus that these Preserves are unique and in need of further protection: f Page 2 Re: ZBA# 7463 January 30, 2021 • The 2004 NY Natural Heritage Program environmental assessment (prepared in partnership with the NYSDEC and The Nature Conservancy) - a building block to what led to the eventual preservation of the area- catalogued rare plants and species and concluded that Pipes Cove "is worthy of long-term protection." AO'1�1 • The 2004 Town of Southold LWRP -another building block to the eventual preservation of the area- described in painful detail the pattern of strain on the Pipes Cove ecological area. • Rejecting the proposal keeps the hope alive that Southold can achieve an intact corridor of natural communities when linked with the Arshamomaque wetlands and Moore's Woods to the Sound -what the U.S. Fish and Wildlife Services describes as one of the few remaining opportunities to create such a greenway on the North Fork. • The Nature Conservancy's Peconic Estuary Protection & Pipes Cove Wetlands Project identifies an "urgent need for preservation" of the area, identified as "high priority" for preservation. Tellingly, the December 18, 2020 Application for Special Exception touts that the proposal would "not adversely impact nearby current existing mixed local existing residential, commercial, institutional and industrial Land Uses along Main Road" but completely ignores the impact to plant and wildlife habitats and the burgeoning usage of the recently installed trails by residents and visitors of the adjacent preserved lands. • Storing innumerable racks of lithium-ion batteries on 2+ acres will poison the land and seep into the water. Anyone who has disposed of a lithium-ion battery at the County Dump will learn the delicacy involved and harm to the soil and Water when not followed carefully. Interference with the quiet enjoyment of the homes of nearby residents The Proposal admits the lithium-ion battery facility will generate noise, albeit within Light Industrial Zone limits. It is reckless to deliberately add continuous noise to adjacent permanently protected land because it will interfere with the mating patterns and other behaviors of the wildlife that rely on these areas. For example, the National Park Service has documented the negative effects of noise pollution on the breeding habits of various fauna including insects. Page 3 Re: ZBA# 7463 January 30, 2021 A nuisance to the peaceful use of the Preserves by hikers, bird watchers, hunters, fishers and other outdoors people3 The North Fork's priorities have changes greatly since the Southold Electric Substation was constructed decades ago, especially toward a focus on permanent land preservation which now surrounds the Substation. The Proposal is in the wrong place at the wrong time based on the bountiful preserved land in the area. Surrounded by a seven-foot chain link fence and driveway, no one wants to hike the trails or otherwise enjoy the preserved land in the shadow of a storage facility for poisonous batteries. If the site absolutely must be developed, storage of massive amounts of lithium-ion batteries in perpetuity is not the right choice. The environmental impact of long-term storage of lithium-ion batteries is still being understood but it is well-accepted that the batteries can leach toxic heavy metals such as cobalt, nickel and manganese. The poisonous nature of lithium-ion batteries poses a long-term risk. The concentrations of the toxic heavy metals exceed the concentrations in natural ores and, therefore, they are equivalent to highly-enriched ores that have half- lifes into the thousands of years. Heaven forbid if there were ground contamination or a fire. The long-term effect to the soil would be devastating for thousands of years without disruptive ground clean-up. The electrolyte in a lithium-ion battery is flammable and creates a serious toxic effect because of the toxic heavy metals including fluoride gases. We shouldn't, and can't, take the risk. The area is a breeding ground and critical habitat for a variety of wildlife including the box turtle, wild turkey, seaside dragonlets, red-tailed hawk, osprey, least tern, great egret, green heron, sandpiper and other shore birds, weakfish, tautog, scup, winter flounder, bay scallop, hard clam, horseshoe crab, juvenile sea turtle and a variety of ducks. The proposal sets a bad precedent that would reverse decades of hard work by many public and private stakeholders to preserve the North Fork. We are all long-term caretakers for the future generations of North Fork ecosystems, residents and visitors. Page 4 Re: ZBA# 7463 January 30, 2021 I respectfully urge you, as Chairperson of the Zoning Board of Appeals, to show the wisdom and judgment to put a stop to this Proposal. ( 1 0 Sincerely, ` , /TS Thomas Sarakatsannis Y Fuentes, Kim From: Eric WECHSLER <emwechsler@gmail.com> Sent: Sunday,January 31, 2021 3:06 PM To: Fuentes, Kim;Sakarellos, Elizabeth Subject: [SPAM] -ZBA#7463, Suffolk County Energy Storage II, LLC S� Zoning Board of Appeals: Leslie Kanes Weismann, Chairperson RF�Er�co Robert W. Lehnert, Jr., Member FEe Eric Dantes, Member 2 2021 Z( atricia Acampora, Member ngeoardof,, Nicholas Planamento, Member is Town of Southold Town Hall Annex Building 54375 Route 25 Southold, NY 11971 Via email: kimf@southoldtownny.gov, Elizabeth.sakarellos@town.southold.ny.us Re: ZBA#7463, Suffolk County Energy Storage II, LLC SCTM #1000-45.-5-1 January 31, 2021 Ladies and Gentlemen: I am writing to urge the ZBA to reject the above-referenced application for a special exemption permit. The applicant's proposal is ill-conceived, potentially dangerous and not in the best interests of the Town of Southold and its residents. The Town over many years, in conjunction with public and private entities, has spent millions of dollars acquiring the land known as Pipes Cove Preserve. Pipes Cove Preserve, together with the adjacent Arshamomaque Preserve, comprise over 325 acres for purposes of open space, preservation and public access. Due to its location within the environmentally sensitive area of Pipes Cove Creek, the subject property is included on numerous lists for preservation, including the Town's Community Preservation Plan, Suffolk County's Open Space Master List, and the DEC's Open Space Plan. If built, the facility would be approximately 100 feet from froA?he public trail in Pipes Cove Preserve and visible from multiple locations along the trail. Imagine the surprise of trail users to walk past an energy facility while enjoying nature! Kind of defeats one of the purposes of the preserve, doesn't it? Most lithium-ion batteries contain toxic chemicals and have been known to leak and even explode. The parcel for the proposed battery storage facility drains to two wetland areas in Pipes Cove Preserve. One of the areas flows into a tidal pond connected to Pipes Creek which flows into Pipes Cove and Southold Bay. There is risk of contamination to our land and waters. The Town's own Department of Land Preservation has reviewed the proposal of Suffolk County Energy Storage II, LLC and "hopes that a less environmentally sensitive site, and one outside of an area of such significant existing and potentially future preservation efforts, can be found for this proposed use." I hope the ZBA follows the Department of Land Preservation's opinion and denies the special exemption permit for a project with so little potential benefit and significant risks. The property owner wants to sell. The Town should, as it has in the past, work with other public and private entities, to purchase the property and add it to Pipes Cove Preserve almost completing the Bay to Sound Project in an unbroken swath of preserved lands. Eric Wechsler 1795 Pipes Neck Road Greenport, NY 11944 z > Sent from my iPad > Begin forwarded message: > From: Warren S Curry <steve.curry@nyu.edu> > Date: February 1, 2021 at 8:20:47 AM EST >. > Subject: Suffolk County Enery Storage > Reply-To: steve.curry@nyu.edu > > Dear Leslie, We are writing to you to express our opposition to the 14A 0 > ener ro osed storage facility near the Pipes Cove Preserve. This p p energy > is an environmentally sensitive area. It is an area mentioned in the > Southold Town Community Preservation Plan. New paths have been > constructed and a parking area has been created. Why must this be the > site for an energy storage area? The town should work with > preservation organizations to protect this area. It isn't at clear to > us why this proposed facility is necessary. We should look at that > town's master plan and preserve sensitive areas. The zoning of this > area should not be changed.Sincerely yours, Steve Curry and Carol > Groneman > ATTENTION: This email came from an external source. Do not open attachments or click on links from unknown senders or unexpected emails. > <winmail.dat> i Fuentes, Kim From: Veronica Kaliski <v2kay@aol.com> Sent: Tuesday, February 2, 2021 9:34 AM To: Fuentes, Kim Subject: Re: Proposed lithium ion battery storage facility R ECEIVE� Veronica Kaliski, Ph.D F`-- _ e Thomas Byrne, Ph.D. ZO21 2345 Bayview Avenue Southold, New York 11971 °nrn9 BOard 631-765-5275 Of ppp�� P� February 1,2021 To whom it may concern, It was with great concern that we read about the proposal to build a lithium-ion battery storage facility on a site that borders both Pipe's Neck Cove and the Arshomomoque Preserve. Our concerns are many. First of all,the area is part of a delicate ecosystem,with waters that eventually drain in to Southold Bay. As a town, we have worked to increase the preservation of unsullied land,and this proposition seems to fly in the face of that. The battery storage facility would be visible to hikers, and possibly the road Not a pretty picture for our beautiful town. It is our understanding that this property is included on numerous lists for preservation, including Southold Town's Community Preservation Plan, Suffolk County's Open Space Master List,and the DEC's Open Space Plan. Shouldn't we take this in to account? In addition,there is a safety risk, as lithium-ion batteries have been know to leak,or even explode: A facility situated in such close proximity to open water could represent a significant threat to the waters themselves, and any wildlife associated with the area. We are aware that this proposal has been reviewed by Southold Town's Department of Land Preservation and that they indicated that they hoped that another site,with less environmental impact, could be found for this project. So do we. We ask that the ZBA deny the special exemption necessary for this project to move forward.And continue to maintain what we all love about Southold, including its open spaces. Veronica Kaliski Thomas Byrne On Feb 1, 2021, at 5:51 PM,Veronica Kaliski<v2kay@aol.com>wrote: <ZBA letter.pages> Fuentes, Kim V' From: �-- ---- --- - - -------� , Sent: Monday, February 1, 2021 3:24 PM Subject: — - — -- - -- - - - F Please see the email comments below on the Suffolk County BESS application.The office is closed today because of the snow. Stay safe everyone Leslie Sent from my iPad Begin forwarded message: From:.Warren S Curry<steve.curry@nyu.edu> Date: February 1, 2021 at 8:20:47 AM EST I Subject.Suffolk County Enery Storage Reply-To:steve.curry@nyu.edu Dear Leslie,We are writing to you to express our opposition to the proposed energy storage facility near the Pipes Cove Preserve.This is an environmentally sensitive area. It is an area mentioned in the Southold Town Community Preservation Plan. New paths have been constructed and a parking area has been created.Why must this be the site for an energy storage area? The town should work with preservation organizations to protect this area. It isn't at clear to us why this proposed facility is necessary.We should look at that town's master plan and preserve sensitive areas.The zoning of this area should not be changed.Sincerely yours,Steve Curry and Carol Groneman ATTENTION:This email came from an external source. Do not open attachments or click on links from unknown senders or unexpected emails. RECEIVED FE B _ 2 2021 Zoning Board of App,-,,! pp,�q AM i TOWN OF SOUTHOLD ZONING BOARD OF APPEALS Appeal No. Igo SOUTHOLD, NEW YORE AFFIDAVIT OF In the Matter of the Application of. MAILINGS LL L (Name of Applicant/ er) `{3 O it 9 2 fA ]Z± ti}y SCTM No. 1000- q 5 - S - 1 (Address of Property) I (Section,Block&Lot), COUNTY OF SUFFOLK STATE OF NEW YORK I, ( ) Owner, ( )<)Agent S�e,y eu� �. Lo sw ��o I �_s residing at_(oL,q, (�� L5 � �{ C_l b L tA New York, being duly sworn, deposes and says that: , On-the 1441— day of ,20 z ; I personally mailed at the United States Post Office in �, (�„ �,,1 ,New York, by CERTIFIED MAIL, ' RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in Prepaid envelopes addressed to current property owners shown on the current assessment roll Verified from the official records on file with the V)Assessors, or( ) County Real Property Office, for every property which abuts and is across a public or private street, or vehicular right-of-way of record, surrounding the applicant's property. Signature) Sworn to before me this HOLLY COADY day of _ ,�,o�i PUBLIC-STATE OF NEW YORK O1 C06317909 Oiafit•ad in Suffolk County Otary P llc) Expires March 02. 20a� PLEASE list on the back of this Affidavit or on a sheet of paper,the lot numbers next to the owner names and addresses for which notices were mailed. C r--v" All original USPS receipts and mailing confirmations to be submitted to the ZBA Office along with this form completed, signed and notarized. RECEIVED TOWN OF SOUTHOLD JAN 2 1 2021 ZONING HOARD OF APPEALS SOUTHOLD,NEW YORK 'oq> r,q; Bowra of Appeals AFFIDAVIT OF In the Matter of the Application of: POSTING o,3 £.,3 S SCTM No. 1000- (Name of A icants) U (Section,Block&Lot) COUNTY OF SUFFOLK STA'T'E OF NEW YORK I, @_y,ems, 5i !I ,®-a,K.o residing at !o__L_(q 1Z_e u-4-,P_ 2SA New York, being duly sworn, depose and,say that: I am the ( ) Owner or (X)Agent for owner of the subject property On the_ 20 '1`-day of ; 20 Z( , I personally placed the Town's. Official Poster on subject property located at: _ (o'� L4 3o � _ oc� S- 1�Qir. a indicating the date of hearing and nature of application noted thereon, securely 11pon subject property, located ten (10) feet or closer from the street or right-of Way(driveway entrance)facing'the street or facing each street or right-of-way entrance,* and that; I hereby confirm that the Poster has remained in place for seven(7) days prior to the date of the subject hearing date, which hearing date was shown to be A6ou„2� oat (Owner/Agent ignature) Sworn to before me this_ St Day of ®� HOLLY COADY hd�ql_r� NOTARY PUBLIC-STATE OF NEW YORK (NO ry Public) C No. O1 C06317909 Qualified in Suffolk County * near the entrancV0t1d entrance ofproperty,pas 1pe Ex Ire rely as t11e aria rhNff(�iAbl900passerby NOTARY PUBLIC-STATE OF NEW YORK No. 01C06317909 Qualified in Suffolk County My Commission Expires March 02, 2010 Ln Q 1' iQ' e e ru e � �� � Y �1 �,. f I� Gre ntati e, Y IUB% __• '� �. E 11 Certified Mall Fee a Certified Mall Fee a Y �. ti• u786 $3.5 / o�C1786 ri $ r rl $ e_> 1 r1l Extra Services&Fees(check box,add fee" p re) � t�'-ti fY 1 � �a pp•rppr{a C'� ! F�tti'a Services&Fees(check box,ad "11. s ate) 1' ❑ Return Receipt(hardcopy) $ 111 4US���J ❑Return Receipt(hardcopy) Q t A !t fill Postm k .- ❑Return Receipt(electronic) $: 1-I Jt71.7Y postmark Return Receipt(electronic) ',1-i-„— O a`$�14 Q0 0 Here Q []Certified Mall Restricted Delivery (JI &11 A1'� - Here " Q ❑Certified Mall Restricted Delivery $ - Q I ---sem.a7+7 , Q ❑Adult Signature Required $' Q ❑AdultSlgnatureRequlred ( r .} []Adult Signature Restricted Delivery$ am []Adult Signature Restricted Delivery$ • c 3 Z .)Q Po- - -70— __—_- - C3 Prn Reit 'as ?Acre arras$, Suffoll$c County Dep rtmer ,i4� 021',� ; 012C4 1 $`' Parks$7.10 $ P.O. px1124 1 `° s P.O. Box 144 :, a s Greenport, NY Q s 11944 'a - ;--------------- Q � (45-5-2) Z West Sayville,,NY 11796 N ;---------------- I :11 1 I I Ile•1 :I e 1 11 lel•I• i • ®• _ ® !m _ co Gr n e► Y 1 {; �M Bet��'klte '(17% i it e , ru �� x. Mm at fU mz,n t� �F� _I- Certified Mad Fee r•a $ $3■55 e" 0 56 - Certified Mad Fee $3■eJr C'a 1 M Extra Services&Fees(check box,ad �e� ate) 'i t m ( e $ ❑ Return Receipt(hardcopy) $ _ ).. 4r.a Extra Services&Fees check box, d)fee : fate) r-3 4 . [3 Return Receipt(hardcopy) 1 ❑Return Receipt(electronic) $ Postdtark Q - Postmark Q ❑Return Race] (electronic) $ — m r [:]Ce rtlfled Mall Restricted Delivery $ 1•1� Q ❑ - HHHere Q 11ef� Adult Mad Restdcted Delivery ❑Adult Signature Required $ � ! (� s Q ❑Adult Signature Restricted Delivery$ �� ��l�,! Q ❑Adult Signature Required J _ []Adult Signature Restricted Delivery$ Q P( Q Postage — -- "' TI=G i i�isition Cor - - /2021 T� Long Island Power /2021 $ 1473PiPQs Neck Road ' I $ c/o Pfld?i Property Tax. ca 6 Greenport, NY 11944 co j 1-12 s Department (45-1-14.1) 4� �- 999 Stewart Avenue, Suite 202 ---------------- Beth p_ztgg, _______________Bethpage, NY 11714 :B I r 1 1 111•B :B e 1 I I 101•1 • I I — — u7 �, .Q M ,_ e Soul t 9,74 a�' e � t` Greealpt 1`g = S eE (£ _- Certified Mad Fee a -. $3,.B5 0786 �- Cert Pied Mad Fee 55 M $3.J., i�786 Extra Services&Fees(checkbax,add fee p • ate) rT I ` ❑Return Receipt(harticopy) $ _ Extra SeNIceS&FeeS(checkbox,add , ,app ate) Q ❑Return Receipt(electronic) $ . 1 ❑Return Receipt(hardcopy)- C3 �U• e�;y^ k," , Postmark Q 1 Q ❑Certified Mail Restricted Delivery $ Here Q ❑Return Receipt(electronic) $ au— Postmark d Q []Certified Mall Restdcted Dellvery $ o� Here f d r Q E]Adult Signature Required $ C, Q []Adult Signature Requlred - $ { r []Adult Signature Restricted Delivery$. O r ❑Adult Signature Resticted Dellvery$ u'i m $ Town ofauthi Id s 01/14I2it°21' r^ '$ Minnte JCF-Costas -- rlT P.O. B� • 1179 a T� ►11/14/2r�21 s I $ P.O.Voicl0 co 4 Southold, NY 11971 f C0 Greenport, NY 11944 C3 s (45-1-13) Q s i ------------ (5?-1-6.2 :eB B 11 I11•I - - _ _ :e B 0 1 0 011• ALERT: USPS IS EXPERIENCING UNPRECEDENTED VOLUME INCREASES AND LIMITED EMPL... USPS Tracking' FAQs > Track Another Package + Tracking Number: 70181130000031427772 Remove X We attempted to deliver your package at 11:44 am on January 28, 2021 in BETHPAGE, NY 11714 but could not access the delivery location. We will redeliver on the next business day. m cn Alert `D Q January 28, 2021 at 11:44 am Delivery Attempted - No Access to Delivery Location BETHPAGE, NY 11714 Get Updates u Text & Email Updates u Tracking History v Product Information u See Less Can't find what you're looking for? Go to our FAQs section to find answers to your tracking questions. ■ Complete items 1,2,and 3. A Signature ® Print your name and address on the reverse ❑Agent so that we can return the card to you. ❑Addressee / ■ Attach this card to the back of the mailpiece, B. Received by(Printed Name) C. Date of Delivery (, or on the front if space permits. ' f5,-.Is delivery address different from Item 1? ❑Yes Suffolk COUnty Department of 1 If YES,enter delivery address below: ❑ No Parks P.O. Box 144 'rest.Sayville, NY 11796 a� ;I (53-1-4) " II I III II IIII III I illi II IIII II IIII I I II IIII III 3. Service Type ❑Priority Mad Express® ❑Adult Signatu ❑Registered MaiIT" ❑Adult S ure Restricted Delivery ❑Registered Mail Restricted, 9590 9402 4571 8278 4809 12 led Ma:l Delivery Certified Mall Restricted Delivery [I Return Receipt for ❑Collect on Delivery Merchandise 0 Collect on Delivery Restricted Delivery ❑Signature ConfirmatlonTl lail El Signature Confirmation 7 018 1130 0000 314 2 7765 fail Restricted Delivery Restricted Delivery PS Form 3811,July 2015 PSN 7530-02-000-9053 Domestic Return Receipt s • e e • I o ■ Complete Items 1,2,and 3. A. Sig ature ■ Print your name and address on the reverse ,� �> ❑Agent so that we can return the card to you. ❑Addressee ■ Attach this card to the back of the mailpiece, B• ceived by(Printed ame) C. D to o Deily or on the front if space permits. ��fc _ �VG� L 1 ZI --" " D. Is delivery address different from item 1? ❑ es Reiter's 7 Acre Harm If YES(enI r�r add ess below:P.O. Box 212 1 1P Greenporl, NY 11944 `11(45-5-2) cl 3. II I I IIII Illi li I IIII I II I I li I IIII I III III III ❑ dullSignature pRest�ctte Delivery ❑Registered 1:1 Priority lMail Restricted 9590 9402 4571 8__2_78 4809 43 o CerrttiDelivery fied naafi Restricted Delivery ❑Return Receipt for ❑Collect on Delivery Merchandise t pl ❑Collect on Delivery Restricted Delivery ❑Signature ConfirmationTM ❑Insured Mad ❑Signature Confirmation 7 018 f 1„ r ha I t♦i @ iI t Restricted Delivery 113�►1 _ j�1 i' '--1k� If r'„1l X1,1,1 PS Form 3811,July 2015 P' SN 7530`_02-000-90 Domesfic Refurn Receipt I e • s ■ Complete items 1,2,and 3. A. Si nature f ■ Print your name and address on the reverse ❑Agent so that we can return the card to you. X t' -�L'i ❑Addressee ■ Attach this card to the back of the mailpiece, B. Received by(Printed Name) C. Date of Delivery or on the front if space permits. li31 ZC9 1 D. Is delivery address different from item 1? ❑Yes Minrrle Costas If YES,enter delivery address below- ❑ No Box T Gr('_nf?ort, NY 11944 (451.1-13) II I IIIIII IIII III I IIII I II I I II II IIII I I I I IIII I III O dulltS gn nature Restricted D ❑Registered ice Type 11 Priority 'MalllTTmess® 9590 9402 4571 8278 4808 82 Delivery ❑Registered Mail Restricted ❑Ce fed Mail® Delivery ❑ "f.d Mail Restricted Delivery ❑Return Receipt for Collect on Delivery Merchandise nr�2.11—t r,r,Delivery Restricted Delivery ❑Signature ConfirmationTM d�� re 7018 11301'Bp#i Ir iji lBlPfiSfittl111E jgjdjWgjjV1,Ill ❑Restraitu Coed very tion I PS Form 3811,July 2015 PSN 7530-02-000-9053 Domestic Return Receipt h ® I D I D ■ Complete items 1,2,and 1 A Signatu ❑Agent ■ Print your name-and address on the reverse X ❑Addressee so that we can return the card to you. ■ Attach this card to the back of the mailpiece, B. Received by(Pnn d N e C. Date of Delivery or on the front if space permits. _ _ i D.r Is delivery address different from Item 17 El Yes � Towf,,t lel Southold If YES,ente ® D a ess below: ❑No P.O aro 1.179 Som-fibid, NY 1197:x. ' t II I IIIIII IIII III I IIII I II I I II II IIII I I I I II I II III 3. SuNlce at � S po ❑Registered Mal Express© f ❑Adult Signature ❑Registered Ma11TM ❑ dull Signature Restricted Delivery ❑Registered Mail Restricted5 9590 9402 4571 8278 4809 29 erhfied Mail® Delivery Certified Mail Restricted Delivery ❑Return Receipt for i ❑Collect on Delivery Merchandise O Collect on Delivery Restricted Delivery ❑Signature ConfirmationTm ) -- — — -- El Signature Confirmation 7b1!8 1130 ' 0000 3114 2 3057 l,il Restricted Delivery Restricted Delivery i I PS Form 3811,July 2015'PSN 7530-02-000-9053 Domestic Return Receipt �-+•'1=a%Y5IL�`T71�lIIlall70llla�dl - 1 ■ Complete items 1,2,and 3. 1A. ignat ■ Print your name and address on the reverse ent Addressee so that we can return the card to you. ■ Attach this card to the back of the mailpiece, B ived by(Panted Name) ate of Delivery or on the front If space permits. D. Is ,live a i ferent from Item 1? El Yes j TFG Acquisition Corp. {0 ,enter del ery dress below: ❑ No 1475 Pipes Neck Read ; 0)� Greenport, NV 11944L IZOZ 61 NV/ m n, I (45•-1-12) II I IIIIII IIII III I IIII I II I I II II IIII I I IIII II III 3. Service e Adult p Slgnat re Re—ted Delivery" ❑Reg st ed Mad Rtn�ted' i 'tadO. Delivery" 9590 9402 4571 827$dRnn_ 82b all Restricted Delivery ❑-ReturrlReceiptfor _ ��t� ollect on Delive _tv�erc tgrer.se.' _ (�j ❑Collect on Delivery Restricted DelNery: P,Sigr)atu?e'ConfirmationT" 2 °' 1 u ❑Insured Mail ❑Sigr ature ConSrmation ❑Insured Mad Restricted Delivery` `' Restricted Delivery' I` N- CIN cf IS!—@"�'P (over$500) ° 'LPS Form 3811,July 2015 PSN 7530-02-000-9053 Ddmestic Return Receipt } BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson O��QF SUUTyOI 53095 Main Road_-P.O.Box 1179 p Southold,NY 11971-0959 Patricia Acampora -- Office Location: Eric Dantes gs Town Annex/First Floor, Robert Lehnert,Jr., • �O 5437.5 Main Road(at Youngs Avenue) Nicholas Planamento �IiY101AUM Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS ----- - — TO_WN-OF-S-OUTi f0ED- — Tel.(631)765-1809-Fax(631)765-9064 MEMO TO: MELISSA SPIRO, LAND PRESERVATION FROM: Leslie K. Weisman, ZBA Chairperson DATE: January 26, 2021 SUBJECT: Request for Comments - ZBA #7463 Suffolk County Energy Storage II, LLC The ZBA is reviewing the .following application, and enclosed .copies of ZBA application, and latest survey/site plan, and Bequest your review and-comments at this time. Project Name: Suffolk County Energy Storage 11, LLC ZBA Appeal No. #7.463 Address: 69430 Main Road, Greenport Zoning District Light Industrial S.C.'TaX Map No.; 1000-46.-5A Required Zoning Relief from: Article XV, Section 280-626(5) Tentatively Scheduled Hearing: February-4, 2021 Requested Action: Proposed construction of a Battery Storage Facility (Savion Energy) located to be- located on Main Road, Greenport in a1i Zoning District as depicted on "Project Overview" prepared by Michael J. Finan, LPE, last revised January 20,.2021., r Also see Laserfiche file: TownOfSoutholdlZoning Board of Appeals (ZBA)1Board Actions\PendinglSUFFOLK COUNTY ENERGY STORAGE II -BATTERY 1000-45-5-1 http`//24 38 28 228`2040/weblink/Browse.aspx?dbid=0 SUFFOLK COUNTY ENERGY STORAGE II LLC #7.463SE — Request for a Special Exception p�ar$uarit to Article.XV, Section 280--628(5), to construct and�allow for pubilic utility structures and uses; i.e., battery energy storage system facility; located at 69430 Main Road,'(NYS Route 25), Greenport, NY SCTM No. 1000-45-5- 1. Enclosures include: Application of Savion Energy dated September 29, 2020, received December 18, 2020. • Project Overview prepared by Michael J. Finan, LPE, last revised January 20, 2021 (C-001, C-002). • Stakes Location Plan prepared by Robert W. Brown, L.S,. dated January 14, 2021. BOARD MEMBERS SU���C� o�Q �'®G Town Hall Annex Leslie Kanes Weisman, Chairperson jy� y� 53095 Route 25,Main Road Patricia Acampora ® P.O.Box 1179 Eric Dantes C13Southold,NY 11971 Robert Lehnert,Jr. ip , Telephone(63 1)765-1809 Nicholas Planamento �0( ����r Fax(631)765-9064 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD MEMORANDUM To: Mark Terry, LWRP Coordinator From: Kim Fuentes, ZBA Board Assistant Date: January 22, 2021 RE: ZBA#7463SE—Suffolk County Energy Storage II SCTM No. 1000-45-5-01 Mark, Please find hard copies of the submittals (already uploaded to Laserfiche) from Steve Losquadro re: Suffolk County Energy Storage II, Battery Storage. Enclosures: (4) Photos, Revised LWRP Assessment Form, and Project Overview Plan last revised by Michael J. Finan, LPE, on 1/20/2021. BOARD MEMBERS 90 Southold Town Hall aup O��OF S�UryOl 53095 Main Road•P.O.Box 1179 Leslie Kanes WeismanChairperson erson O Southold,NY 11971-0959 Patricia Acampora J�ic Office Location: Eric Dantes G Q Town Annex/First Floor, Robert Lehnert,Jr. �cO • �p 54375 Main Road(at Youngs Avenue) Nicholas Planamento OWN Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD TeL(631)765-1809•Fax(631)765-9064 MEMORANDUM To: Mark Terry, LWRP Coordinator From: Kim Fuentes, Board Assistant 1 u Date: January 15, 2021- RE: LWRP Referral' #7463SE—Suffolk County Energy Storage II SCTM No. 1000-45-5-01 Hi Mark, Attached,please find a"Stakes Location Plan"we received today from the applicant's representative, Steve Losquadro. Mr. Losquadro also indicated that more detailed plans will follow. Enclosure: "Stakes Location Plan",prepared by Robert W. Brown, LS, dated January 14, 2021. BOARD MEMBERS rjF soar Southold Town Hall Leslie Kanes Weisman,Chairperson �� /y� 53095 Main Road•P.O.Box 1179 h0 l0 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes G Q Town Annex/First Floor, Robert Lehnert,Jr. �O • �O 54375 Main Road(at Youngs Avenue) Nicholas Planamento l,�'�,0 Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631)765-9064 U MEMORANDUM To: Heather Lanza, Planning Director Southold Town Planning Board From: Kim Fuentes, ZBA Board Assistant Date: January 15, 2021 RE: Planning-Board R66rral: #7463 SE—Suffolk County Energy Storage II' SCMNo. 1000-45-5-01 . - Heather, Attached, please find a"Stakes,Location Plan"we received today from the applicant's, representative, Steve Losquadro. Mr. Losquadro also indicated that more detailed plans will follow. Enclosure: "Stakes Location Plan", prepared by Robert W. Brown, LS, dated January 14, 2021. Y Fuentes, Kim From: Fuentes, Kim Sent: Monday, December 28, 2020 10:13 AM To: 'DeSalvo, Christine'; 'Plannin.ugpi9cmyw7vg0oku@u.box.com' Cc: Westermann, Donna Subject: SCPC Referral & SEQRA Coordinated Review - Suffolk County Energy, Greenport SCTM No. 1000-45-5-1 Attachments: #7463-Spec Except SEQRA memo Itr.pdf; #7463-Suffolk County Energy CoPI Itr.pdf, #7463 SC Energy Storage II LLC application.pdf Hi Christine, Attached, please find a special exception application for a Battery Storage Utility Facility proposed in Greenport being referred to SC Planning. Also, I ask that you forward the application, along with the attached memo,to Andrew Freleng, as we are conducting a coordinated review under SEQRA. Thank you. Kim E. Fuentes Secretary to the Zoning Board of Appeals 'own of Southold 54375 Main Road Southold, NY 11971 631-765-1809, Ex. 5011 E-mail;kimt@southoldtownny.gov Mail to;P.O. Box 1179, Southold, NY 11971 1 BOARD MEMBERS ®f S® Southold Town Hall Leslie Kanes Weisman,Chairperson, �� �°® 53095 Main Road•P.O.Box 1179 �® �® Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes Town Annex/First Floor, Robert Lehnert,Jr. 54375 Main Road(at Youngs Avenue) Nicholas Planamento ��c®U Southold,NY 11971 ' http://southoldtownny.c,ov KF ZONING BOARD OF APPEALS TOWN OF SOUTHOLD December 23, 2020 Tel.(631)765-1809 •Fax(631)765-9064 Ms. Sarah Lansdale, Director Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Ms. Lansdale: Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: ZBA File #: 7463 Owner/Applicant: Suffolk County Energy Storage II, LLC Action Requested: battery energy storage system facility that will interconnect to LIPA's 8J Southold Substation Within 500 feet of: (X) State or County Road ( ) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land ( ) Boundary of Agricultural District ( ) Boundary of any Village or Town Within one (1) mile (5,280 feet) of: ( ) Boundary of any airport If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Leslie K. Weisman ZBA C air erson By: Encls. Survey/Site Plan: Langan Engineering, Environmental, surveying Landscape Architecture & Geology, D. P.C. 4- ,'_i BOARD MEMBERS ®F s®Ur Southold Town Hall Leslie Kanes Weisman,Chairperson ®�� y®l 53095 Main Road•P.O.Box 1179 O Southold,NY 11971-0959 Patricia Acampora � � Office Location: Eric Dantes cry �c Town Annex/First Floor, Robert Lehnert,Jr. • COQ 54375 Main Road(at Youngs Avenue) Nicholas Planamento lij'C®U Southold,NY 11971 http://soutboldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631)765-9064 December 29, 2020 Andrew Freleng Suffolk County Planning Commission P.O. Box 6100 Hauppauge,NY 11788 3� RE: Special Exception Application Suffolk County Energy Storage II, LLC SCTM No. 1000-45-5-1 Dear Mr. Freleng; Enclosed please find our request for a coordinated review under Article 8 (SEQRA) of the Environmental Conservation Law and 6 NYCRR Part 617 of the above referenced application. Also enclosed is the subject application, a Full Environmental Assessment Form and the site plan-Project Overview last revised December 10, 2020, as well as other related documentation. If you have any questions or concerns, please do not hesitate to contact me at 631-765-1809 or email kimf@southoldtownny.gov. Sincerely, Kim E. Fuentes Board Assistant i BOARD MEMBERS ®f so Southold Town Hall Leslie Kanes Weisman,Chairperson ey 53095 Main Road•P.O.Box 1179 - ® Southold,NY 11971-0959 Patricia Acampora � �3 Office Location: Eric Dantes 'x, Town Annex/First Floor, Robert Lehnert,Jr. A® ,' sr a 54375 Main Road(at Youngs Avenue) Nicholas PlanamentoC®U � Southold,NY 11971 9 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809 •Fax(631)765-9064 MEMORANDUM To: Suffolk County Planning Commission Attn: Andrew Freleng From: Leslie Kanes Weisman, ZBA Chairperson Attn: Kim Fuentes, Board Assistant Date: December 29, 2020 RE: Special Exception Application Review— • Request for Comments • SEQR Lead Agency Request • Coordinated Review under SEQR The purpose of this request is to seek comments from your agency as part of the coordinated review under Article 8 (State Environmental Quality Review Act -SEQRA) of the Environmental Conservation Law and 6 NYCRR Part 617. Please provide the following, as applicable: 1. Comments or requirements the Zoning Board of Appeals should take into consideration while reviewing the proposed project; 2. Issues of concern you believe should be evaluated; 3. Your jurisdiction in the action described below; 4. Your interest in assuming the responsibilities of lead agency under SEQR. The lead agency will determine the need for an Environmental Impact Statement (EIS) on this project. Within thirty (30) days of the date of this letter, please respond in writing whether or not you have an interest in being lead agency. The following page contains information pertaining to the project under review. For further information, please feel free to contact this office. Special Exception Application of Suffolk County Energy Storage II Page 2 Zoning Board of Appeals Position: (x) This agency wishes to assume lead agency status for this action. ( ) This agency has no objection to your agency assuming lead agency status for this action. ( ) Other (see comments below) ] Comments: The application and coordinating documentation can be also viewed on the Town's Laserfiche site at TownOfSouthold\Zoning Board of Appeals (ZBA)1Board Actions\PendinglSUFFOLK COUNTY ENERGY STORAGE II - BATTERY STORAGE 1000-45-5-1 Please contact Kim Fuentes at kimf(a)-southoldtownny.gov for assistance in locating the file. Project Name: SUFFOLK COUNTY ENERGY STORAGE II Address: 69430 Main Road, Greenport, NY Tax Map #: 1000-45-5-1 Requested Action: This Special Exception Application is for the proposed construction of public utility structures and uses; a battery energy storage system facility that will interconnect to LIPA Substation SEQRA Classification: ( ) Type I ( ) Type II (X) Unlisted Contact Person: Kim Fuentes (631) 765-1809 kimf ,southoldtownny.gov Enclosures: • Project Overview prepared by Michael J Finan, LPE, last revised December 10, 2020. • Special Exception Application received December 18, 2020. 2 BOARD MEMBERS rjF soy ) Southold Town Hall Leslie Kanes Weisman,Chairperson O�� ryol 53095 Main Road•P.O.Box 1179 p Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes �, Town Annex/First Floor, Robert Lehnert,Jr. • CoQ 54375 Main Road(at Youngs Avenue) Nicholas Planamento liY1,0 Southold,NY 11971 on http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLDEn �� Tel.(631)765-1809•Fax(631)765-9064 DEC2020 December 23, 2020 Sold i own Planning Board Mark Terry, Principal Planner LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold,NY 11971 = R File Ref.N . #746! -Suffolk County Ener Storage I'I LLC Re: ZBA o 3 ty gy _ g , , Dear Mark: We have received an application for battery energy system facility that will interconnect to LIPA's 8J Southold Substation. A copy of the Building Inspector's Notice of Disapproval under Chapter 280 (zoning Code), and survey map,project description form, are attached for your reference. Your written evaluation with recommendations for this proposal, as required under the Code procedures of LWRP Section 268-5D'is requested within 30 days of receipt of this letter. Thank you. Very truly yours, Leslie K. Weisman Chairper o By: � �� ✓`�- Encl. Survey/Site plan: Langan Engineering, Environmental, Surveying Landscape Architecture & Geology;D. P.C. I beJ BOARD MEMBERS �®f S®U Southold Town Hall Leslie Kanes Weisman,Chairperson ®� ��®� 53095 Main Road •P.O.Box 1179 ® Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes Town Annex/First Floor, Robert Lennert,Jr. �® 54375 Main Road(at Youngs Avenue) Nicholas PlanamentocAU � Southold,NY 11971 9 http://southoldtowimy.gov ZONING BOARD OF APPEALS SBC TOWN OF SOUTHOLD Tel.(631)765-1809 •Fax(631)765-9064 MEMORANDUM ��� To: Mark Terry, Assistant Town Planning Director f� Heather Lanza, Planning Director From: Leslie K. Weisman, Chairperson (� % � W Attn: Kim Fuentes, Board Assistant 1 v " PA Date: December 28, 2020 Subject: Special Exception Application Review for SEQRA Public Utility structures and uses; Battery Storage System that will interconnect to LIPA substation. It is our understanding that the Planning Department will conduct review under SEQRA for the following Special Exception application. Please see attached application and engineered project overview plans. Project Name: Suffolk County Energy Storage II, LLC Address: 69430 Main Street (NYS Rte 25), Greenport S.C. Tax Map No.: 1000-45-5-1 Requested Action: Grant Special Exception for proposed battery energy storage system; public utility structures and uses, located in Light Industrial (LI) Zoning District, as depicted on site plan "Project Overview" prepared by Michael J. Finan, LPE, last revised December 10, 2020. We are tentatively scheduling a public hearing for February 4, 2020. Please let us know if you need any additional information. Enclosures include: • Project Overview prepared by Michael J. Finan, LPE, last revised December 10, 2020. • Special Exception Application received December 18, 2020. BOARD MEMBERS o��OF $OUTyo Southold Town Hall Leslie Kanes Weisman,Chairperson 't l0 53095 Main Road•P.O.Box 1179 tt Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes COQ Town Annex/First Floor, Robert Lehnert,Jr. �l,Y 54375 Main Road(at Youngs Avenue) Nicholas Planamento Courur►,� Southold,NY 11971 May 11, 2021 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631)765-9064 ` Steven E. Losquadro. Esq. 649 Route 25A,Suite.4 ✓1 i Rocky Point, NY 11778 Re : ZBA Application #7463SE Suffolk County Energy Storage II, LLC i 69430 Main Rd. (NYS Route 25) Greenport SCTM No. 1000-45-5-1 Dear Mr. Losquadro, Transmitted for your records is a copy of the Board's May 6, 2021 Findings, Deliberations and Determination,the original of which was filed with the Town Clerk regarding the above variance application. If you have any questions, please don't hesitate to contact our office. Si cerely, Ki n uentes Board Assistant Encl. Cc: Building Department LEGEND Q ` PROPOSED DESIGN EXISITING CONDITIONS SETBACK BUFFER PROJECT BOUNDARY FACIUTIES PROPOSED SOLAR INVERTER (, _ _ ) WETLANDS -Q \ ®INTERCONNECTION SUBSTATION ���FLOOD HAZARD AREA PROPOSED PROJECT SUBSTATION RIVER/STREAM/CREEK / OHT— EXISTING OVERHEAD TRANSMISSION H. —EXISTING OVERHEAD DISTRIBUTION �.� MAJOR CONTOURS Q IN2 MINOR CONTOURS tiT LAND USE OR COVERTYPE CURRENT PROPOSED CHANGE (ACRE) (ACRE) (ACRES+/-) ROADS, BUILDINGS,AND OTHER PAVED OR IMPERVIOUS SURFACES 0.151 0.97 0.81 ---- �'� \ ®EC 1 0 2020 FORESTED 0.354 0.16 -0.18 MEADOWS,GRASSLANDS OR BRUSHLANDS (NON-AGRICULTURAL,INCLUDING ABANDONED AGRICULTURAL) 1.41C 0.77 -0.63 AGRICULTURAL(INCLUDES ACTIVE ORCHARDS,FIELD,GREENHOUSE ETC.) 0.00C 0.00C 0.00 'f GEN-TIE TO SURFACE WATER FEATURES(LAKES,PONDS, SOUTHOLD STREAMS, RIVERS, ETC.) SUBSTATION WETLANDS FRESHWATER OR TIDAL 0.00 OAO 0.00 - 0.10E 0.10 0.00101 (FEEDER#8J) NON-VEGETATED(BARE ROCK,EARTH OR Off, 20'WIDEACCESS FILL) 0.00C 0.00 0.00 ROAD(TYP) OTHER PERMEABLE HAUL DRIVEWAY 0.00 0.00 0.00 TOTALS 2.02 2.022 0.00 ` �-- OHT �o�� Lot coverage percent CURRENT PROPOSED CHANGE PROJECT SUBSTATION/ 7.44 47.9A 40.4 PROJECT �� SWITCHGEAR ZONING COMPLIANCE TABLE ENTRY&GATE 100'NYSDEC WETLAND zoning Istnct LightIndustrial INVERTER(TYP) 10'SETBACK Structure/Site se(s) Battery Storage Energy Center / BUFFER(TYP) Item Required/Permitted Existing Proposed BATTERY CONTAINER(TYP) r / Minimum Lot Area 40,000 Sq FtdtsT3T9q F17— dd,134bq Ft 2 02 ac 2 02 ac FENCE LINE(TYP) Minimum Lot width 100 Ft 304 7 Ft 304 7 Ft NYSDEC WETLAND(TYP) Minimum Lot Depth P 150 Ft 292 0 Ft 292 0 Ft PROJECT BOUNDARY(TYP) - Minimum Front Yard Setback Variable(2a) 1041 Ft 548 Ft { Minimum Side Yard Setback20 Ft 817 Ft 10 0 Ft(4) Minimum Both Yard Setback 40 Ft 269 2 Ft 30 8 Ft(4) 25'SETBACK Minimum Rear Yard Setback 70 Ft 156 5 ft 32 0 Ft(4) 10'NYSDEC AVOIDANCE Maximum Lot Coverage 30% 75% 479%(4) BUFFER Maximum Building Height 35 Ft <35 ft PROJECT ENTRY = Maximum Number of Stones 2 Q _ &GATE Notes (1)Zoning requirement listed In this table are taken from Section 240,Attachment 4 �I (2)Per Note 2 of Section 240,Attachment 4"refer to appropriate zone ordinance" / (3)Per Section 280-64,Subsection A states"Structures shall be setback at least 100 feet from the right-of-way" Subsection B states'There shall be an exception to Subsection A if the adjacent parcels are developed,in which case the minimum front yard setback shall be the average of the setbacks of the adjacent parcels"The closest structure o 10'SETBACK J the northeastern adjacent parcel is located 54 3 ft from the front property line The closest structure on the northwestern adjacent parcel Is located 16 2 ft from the front property line The average of these setbacks is 35 25 ft i Based on this analysis,a variance Is not required for the front yard setback (4)Variance required s _ � 0' 100' 200' W / 25'SETBACK 2 0212 REVISED ER PER TOWN WNO cz MF COMMENTS CZ MF \ - CUSTOM SCALE yGEL- - 0 2020-06-10 UPDATED FEEDER ROUTING AND WETLAND REGULATION TO NYSDEC HTN HTN E / REV DATE REVISION DESCRIPTION BY CHK ' ' I LAYOUT o e y LA I VGA N meq® PROJECT OVERVIEW C-002 i �/ Langan Engineering,Environmental,Surveying, cs S V ' ® pRAW NG TRLE Landscape Architecture and Geology,D.P C. �p A RENEWABLE ENERGY COMPANY * $ One NorthBmadway,Suite910 SUFFOLK COUNTY STORAGE II J / White Plains,NY 10601 SAVION ENERGY t: 422 ADMIRAL BOULEVARD PROTECT NAME 7 914 323 7400 F.914 323 7401 www langan com KANSAS CITY,MO 64106 SUFFOLK i NEW YORK - couNTv STATE WARNING:IT IS A VIOLATION OF THE NYS This Copyrighted material is Confidential and I UNLESS HE IS ACTING UNDER THE DIRECTION OF O�T a7e� EDUCATION LAW ARTICLE 145 FOR ANY PERSON, Proprietary to Savion,LLC Any unauthorized ANSI Full Bleed B(17 00 X 11 00 Inches) Sheet 2 of 2 use,copying,photograph mg or publication of PAPER SIZE SHEET NUMBER A LICENSED PROFESSIONAL ENGINEER,TO ALTER this matenal Is strictly prohibited and shall be INTERNAL ONLY 12(10/2020 THIS ITEM IN ANY WAY returned to said tympany or destroyed NOT FOR CONSTRUCTION DATE / LEGEND PROPOSED DESIGN E&AIAN§40AITIONS PROJECT BOUNDARY FAClJTES SETBACK BUFFER ,.,.. t ' PROPOSED SOLAR INVERTER _ WETLANDS M,- INTERCONNECTION SUBSTATION �,� FLOOD HAZARD AREA PROPOSED PROJECT SUBSTATION RIVER/STREAM/CREEK I - OHT E:STING OVERHEAD TRANSMISSION DEC 'Q Q �O�O - oND - EIOSTING OVERHEAD DISTRIBUTION . C 1 0 -- MAJOR CONTOURS 0� <. .. MINOR CONTOURS LAND USE OR COVERTYPE CURRENT PROPOSED CHANGE (ACRE) (ACRE) (ACRES+/-) ROADS, BUILDINGS,AND OTHER PAVED OR _.s IMPERVIOUS SURFACES 0.151 0.97C 0.81 FORESTED 0.354 0.16 -0.18 _ �� MEADOWS,GRASSLANDS OR BRUSHLANDS ` (NON-AGRICULTURAL,INCLUDING ABANDONED AGRICULTURAL) 1.41C 0.77 -0.63 AGRICULTURAL(INCLUDES ACTIVE ORCHARDS, FIELD,GREENHOUSE ETC.) 0.00C 0.00C 0.00 SURFACE WATER FEATURES(LAKES, PONDS, STREAMS, RIVERS, ETC.) 0.00C 0.00C 0.00 GEN-TIE TO SOUTHOLD WETLANDS FRESHWATER OR TIDAL 0.10 0.104 0.00 ° SUBSTATION NON-VEGETATED(BARE ROCK,EARTH OR (FEEDER#8J) FILL) 1 0.00 0.00 0.00 OTHER PERMEABLE HAUL DRIVEWAY 0.00 0.00 0.00 I - 20'WIDE ACCESS TOTALS 2.02 2.02 0.00 ROAD(TYP) ICURRENTIPROPOSED1 CHANGE Lot coverage(percent) 7.44 47.91 40.4 QO PROJECT SUBSTATION/ "- ZONING COMPLIANCE TABL PROJECT SWITCHGEAR Zoning District: Light Industrial ENTRY&GATE Structure/Site se s): Battery Storage Energy enter 100 'NYSDE 10'SETBACK C WETLAND Item Required/Permitted Existing Proposed INVERTER(TYP) t" q. q BUFFER(TYP) � inimum Lot Area 40,000 Sq.Ft. 2.02 ac 2.02 ac BATTERY CONTAINER(TYP) - inimum Lot Width 100 Ft. 304.7 Ft. 304.7 Ft, r� inimum Lot Depth 150 Ft. 292.0 Ft. 292.0 Ft. FENCE LINE(TYP) NYSDEC WETLAND(TYP) inimum Front Yard Setback Variable i23l 104.1 Ft. 54.8 Ft. PROJECT BOUNDARY(TYP) inimum Side Yard Setback 20 Ft. 81.7 Ft. 10.0 Ft(4) inimum Both Yard Setback 40 Ft. 269.2 Ft, 30.8 Ft. inimum Rear Yard Setback 70 Ft. 156.5 ft. 32.0 Ft.(') 25'SETBACK I.imurn Lot Coverage 30% 75% 47.9%(4) 10'NYSDEC AVOIDANCE aximum Building Height 35 Ft. <35 ft. - -- _ vlaximum Number of Stories 2 <2 - BUFFER Notes: PROJECT ENTRY (1)Zoning requirement listed in this table are taken from Section 240,Attachment 4. 8r GATE , (2)Per Note 2 of Section 240,Attachment 4"refer to appropriate zone ordinance." (3)Per Section 280-64,Subsection A states"Structures shall be setback at least 100 feet from the right-of-way." Subsection B states"There shall be an exception to Subsection A 0 the adjacent parcels are developed,in which case the minimum front yard setback shall be the average of the setbacks of the adjacent parcels." The closest structure o the northeastern adjacent parcel is located 54.3 ft from the front property line. The closest structure on the northwestern adjacent parcel is located 16.2 ft from the front property line. The average of these setbacks is 35.25 ft. „I 10'SETBACK Based on this analysis,a variance is not required for the front yard setback. (4)Variance required. s E 1 200' Y 7070-12-10 RENSFD PER TOWN COMMENTS cz MF 25'SETBACK 72G.++-17 GENERAL REVISION CZ MF 0 10Z00&10 UPDATED FEEDER ROUTING AND WETLAND REGULATION To NY HTN HTN REV DATE REVISION DESCRIPTION I 0Y CHK -�� of IN LANGAN ', ^ Goo; bjr PROJECT OVERVIEW �P SPF �" c� Q Langan Engineering,Environmental,Surveying, + =5/\v I O N DRANANG nT E �G 1. A Landscape Architecture and Geology,D.P.C. • One Norm Broadway,Suite 910 SUFFOLK COUNTY STORAGE II r While Plains,NY 10601 SAVION ENERGY (c 422 ADMIRAL BOULEVARD IveweeT NAME 1lJ T:914.323.7400 F:914.323.7401 www.langan.can KANSAS CITY,MO 64106 SUFFOLK NEWYORK II COUNTY SUFFOLK t<lWARNING:IT IS A VIOLATION OF THE NYS This Copyrighted material is Confidential and O 081413 ,r EDUCATION LAW ARTICLE 145 FOR ANY PERSON, Inches)to Savion,U.C.Any unauthorized ANSI Full Bleed 8(17.00 X 11.00 Inres) Sheet 1 of 2 10 V� UNLESS HE IS ACTING UNDER THE DIRECTION OF use,copying,photographing or publication of PAPER SIZE SWEET NUMBER 3F�SS1ONA A LICENSED PROFESSIONAL ENGINEER,TO ALTER this material is strictly prohibited and shall be INTERNAL ONLY 1211012020THIS ITEM IN ANY WAY. returned to said company or destroyed. NOT FOR CONSTRUCTION DATE l..J v�,•1✓ I \ /� l/• I V (/lV' (�-l.t�. ---- ----- I- sloroeOSE a7.a: MATCH LINE z. sn•3z25w ao2.x 3 S09•Za'2SE 5t38' ( � Nl2]021. 4. S65' 27w 51.34' P^ N24roz'00'E FOR PCL.NO. s. N09'243Jw 150.a 492 9 W, w, SEE SEC.NO. 4. 577't5'4rW &19.21 �N322.976N `� 040.03-001 7. S7B•olrom 3179( E2,4 .014.20 �1. 4O U) e. Sas'2J'sIw 288.x 11S13.4T4TE 448.01 to. st'S'4ea7w 629&V1. ��' NM,80a.12 1 v_ F.D.31 L.D.48 Js _ 4.� , !,..� -•ry0 O^ serueOE.412.54• J 'Vl IIILLL N322.738.46 E2,444,865.73 N322,872.37 O E2,415,293.19 o• o N322,z]0.15 E2,4.14,335.97 o c " �'•oZ' OST �>a G JlNMI, 1.83 17 F ms.199.80 - 18 °/ 19 1 t 8 10.5 1.1A ,� s i M cl �•25� 31.OA 1 O 10.2 � �5 z-3A � I Op >R PETERS COUNTVOF uR>ry� CHURCH / 1 ANGELICAL SUFFOLK OF(#EPORT 51 2A 7.1 1 /``O 4.5A(c) s / 47.3A SOU HOLD /V_ � / TOWN OF SOUTH( 3 1512A Cpl i I of LU �I N I � I I o• �` I 10 / 82A I I / 4 a � I / uFA TOWN OF SOUTHOLD / N 3.1 14.1 y' 14 4A e 8.3A 69A(c) 3.2 TOWN OF SOUTHOLD f FOR PCL.NO. e SEE SEC.NO. 4 \ 4 053-01-001.3 iti f'12 8'3A(c) 1,p' FOR PId W.I..i gT 13 4. sEE NO asw n ---C----- 'y x 1.7A(c) FOR PCL NO. 1.8 SEE SEC.NO. / 045-05-004 l o TOWN OF 3 ;�, o SOUTHOLD ) FOR PARCEL NO. 28 3 78Mc1 �+ • = 0 !" SEE SEC.NO. 045-05-007.3 COUNTY//OF SUFFOLK !4 e a 82 O / mac) TOWN bF SOUTHOLD ? 1,4 10.4A R ¢1 TOM (11 of TOWN OF SOUTHOLD / SOUTHOLD x4 s x r / 17 8-3 4r 9 m l B.BA(c) 13.2A c 4 TOWN OF 4 I SOUTHOLD T. a 5 8 a COUNTY OF SUFFOLKIft 10 I N��A11'"na 0 ry/ OF , 2 5A(0) ^*ie/i s •177 y x7 / 2-5A - nR g O$ J� 754 SO MOF ° a 42^ 13.3 14 19 ' h GO SUFFOLK COUNTY ENERGY STORAGE 11 . , LLC 1000-45 - 5 - 1 SEQRA BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson ��S�U�yO 53095 Main Road•P.O.Box 1179 Patricia Acampora �4 Southold,NY 11971-0959 #R [ Office Location: Eric Dantes C, -Sc Town Annex/First Floor, Robert Lehnert,Jr. ® �p� 54375 Main Road(at Youngs Avenue) Nicholas Planamento COMM Southold,�NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631)765-9064 MINUTES REGULAR MEETING THURSDAY,MARCH 4, 2021 Due to public health and safety concerns related to COVID-19, and in accordance with the Governor's Executive Order 202.1,the March 4,2021 Zoning Board of Appeals meeting was held via ZOOM WEBINAR beginning at 9:00 AM. Present were: Leslie Kanes Weisman, Chairperson Kim Fuentes, Board Assistant Nicholas Planamento,Vice Chair Elizabeth Sakarellos, Office Assistant Eric Dantes,Member Donna Westermann,P/T Office Assistant Patricia Acampora,Member Robert Lehnert,Member 9:05 A.M. Chairperson Weisman called the meeting to order. Vote of the Board: Ayes: Members Weisman(Chairperson) Planamento, Dantes,Acampora and Lehnert. This Resolution was duly adopted (5-0). EXECUTIVE SESSION: 9:06 A.M. Motion was offered by Chairperson Weisman, seconded by Member Planamento to enter into Executive Session in order to receive Attorney Advice. Vote of the Board:, Ayes: Members Weisman(Chairperson) Planamento Dantes Acampora and Lehnert. This Resolution was duly adopted(5-0). 9:57 A.M. Motion was offered by Chairperson Weisman,seconded by Member Dantes to exit Executive Session. Vote of the Board: Ayes: Members Weisman(Chairperson),P16namento, Dantes Acampora and LehnertThis Resolution was duly adopted (5-0). Page 2—MINUTES Regular Meeting held March 4,2021 Southold Town Zoning Board of Appeals WORK SESSION: Began at 10:09 A.M. 3� A. Requests from the Board Members for future agenda items. STATE ENVIRONMENTAL OUALITY REVIEWS; BOARD RESOLUTION: Motion was offered by Chairperson Weisman seconded,by Member Acampora, to declare the following applications as Type II Actions and not, subject to environmental review pursuant to State Environmental Quality Review(SEQR) 6 NYCRR, Part 617.5 (c)(3), with No Adverse Effect for the following projects as applied: Type Il Actions (No further steps- setback/dimensional/lot waiver/accessory apartmentibed and breakfast requests): Jim Brodsky#7466 Vincent Bertault#7467 Vincent Bertault#7467 Samuel J. DiMeglio,Jr. #7469 Michael Kreger#7470 Robert and Donna Drummond #7471 Cottage On Third, LLC#7472 David Zappulla#7473 James and Laurie Carney #7474 Christopher and Marian Briggs#7477 Vote of the Board: All. This resolution was duly adopted(5-0). BOARD RESOLUTION: On February 4, 2021, Zoning Board of_Appeals, pursuant to 6 NYCRR Part 617 of the.State Environmental-Quality Review Act(SEQRA),and subsequent to the completion of a coordinated review, -declared itself as Lead Agency for the Unlisted Action of the Special, Exception Application of Suffolk County Energy Storage II. LLC #7463SE, for a proposed battery stora&-facility located at 69430 Main Road, Greenport, SCTM No. 1000-45-5-1. ,Based upon.a SEQRA review conducted by the Southold Town Planning Department and their Notice_of Determination of Non-Significance, dated March 1, 2021, it has been determined that ti the,.proposed-Action will not have a significant effect on the environment and a Negative Declaration shall be issued. __IT WASJHEREFORE,RESOLVED, by a Motion offered by Chairperson Weisman, seconded.by Member Planamento,that The Southold Zoning Board of Appeals, as Lead Agency, issue a Negative Declaration on the proposed Action as described above. Vote of the Board: All This resolution was duly adopted(5-0). Page 3—MINUTES Regular Meeting held March 4, 2021 Southold Town Zoning Board of Appeals PUBLIC HEARINGS: 10:11 A.M. -JIM BRODSKY#7466—By Jim Brodsky, Owner; Amanda Ayzenberg in support. Request for a Variance from Article III, Section 280-15 and the Building Inspector's December 2,2020,Amended December 8,2020 Notice of Disapproval based on an application for a permit to construct an accessory garage in conjunction with a new single family dwelling; at 1) located in other than the code permitted rear yard; located at: 1895 Pequash Avenue, Cutchogue, NY. SCTM No. 1000-103-7-15. RESOLUTION:(Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Acampora to CLOSE AND RESERVE DECISION. Vote of the Board: Ayes: All. This Resolution was duly adopted 5-0). 10:32 A.M. - VINCENT BERTAULT #7467 — By Eric Bressler, Attorney; Vincent Bertault, Owner; Gary O'Connor, Design Professional. Request for Variances from Article III, Section 280-15; Article XXIII, Section 280-124; and the Building Inspector's October 22, Notice of Disapproval based on an application for a permit to construct additions and alterations to an existing single family dwelling, and construct an in ground swimming pool; at 1) proposed additions located less than the code required minimum front yard setback of 35 feet; 2) the accessory swimming pool is located in other than the code permitted rear yard; located at: 95 Navy Street, Orient, NY. SCTM No. 1000-26-1-12.2. RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony,motion was offered by Chairperson Weisman, seconded by Member Lehnert to ADJOURN the Special Meeting of March 18 2021 Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 10:32 A.M. - VINCENT BERTAULT#7468SE - By Eric Bressler, Attorney; Vincent Bertault, Owner; Gary O'Connor, Design Professional. Applicant requests a Special Exception under Article III, Section 280-13B(13). The Applicant is owner of subject property requesting authorization to establish an Accessory Apartment in an existing accessory structure; at: 95 Navy Street, Orient, NY. SCTM#1000-26-1-12.2. RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Lehnert to ADJOURN the Special Meeting of March 18 2021 Vote of the Board: Ayes: All This Resolution was duly adopted (5-0). 11:13 A.M. - SAMUEL J. DIMEGLIO, JR. #7469—By Samuel DeMeglio, Owner; Glenn Just, Representative (no audio). Request for Variances from Article XXIII, Section 280-124 and the Building Inspector's November 17, 2020, Notice of Disapproval based on an application for a permit to construct a front porch addition attached to an existing single family dwelling; at 1) located less than the code required minimum front yard setback of 35 feet; 2) located less than the code required minimum combined side yard setback of 25 feet; located at: 2280 Deep Hole Drive, (Adj. to Deep Hole Creek) Mattituck, NY. SCTM No. 1000-123-4-6. RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Planamento to CLOSE AND RESERVE DECISION Vote of the Board: Ayes: All This Resolution was duly adopted(5-0). 11:24 A.M.-MICHAEL KREGER#7470—By Stephen Kiely,Attorney;Ashley Kreger, Owner. Page 4—MINUTES Regular Meeting held March 4, 2021 Southold Town Zoning Board of Appeals Request for a Variance from Article III, Section 280-13 and the Building Inspector's January 6, 2021 Notice of Disapproval based on an application for a permit to construct additions and alterations to an existing single family dwelling; at 1) more than the code permitted maximum two and one-half (2-1/2) stories; located at: 985 Bay Shore Road, (Adj. to Pipe's Creek) Greenport, NY. SCTM No. 1000-53-3-13.1. RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Lehnert to ADJOURN the Special Meeting of March 18,2021. Vote of the Board: Ayes: All. This Resolution was duly adopted 5-0). 11:50 A.M. -ROBERT AND DONNA DRUMMOND #7471 — By Jennifer Wicks, Representative; Robert Drummond, Donna Drummond, Owners. Request for Variances from Article III, Section 280-15; Article XXIII, Section 280-124; and the Building Inspector's December 16,2020,Notice of Disapproval based on an application for a permit to legalize an"as built"deck addition with hot tub attached to a single family dwelling,and to legalize an"as built" accessory shed; at 1) "as built" deck is located less than the code required minimum side yard setback of 10 feet; 2)"as built" shed is located in other than the code permitted rear yard; located at: 675 Private Road #12, (Adj. to Corey Creek) Southold, NY. SCTM No. 1000-87-4-7. RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Acampora to CLOSE AND RESERVE DECISION. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 11:40 A.M. Motion was offered by Chairperson Weisman, seconded by Member Planamento to break for lunch. Vote of the Board: Ayes:s: All. This Resolution was duly adopted (5-0). 1:05 P.M. Motion was offered by Chairperson Weisman, seconded by Member Acampora to reconvene the public hearing. Vote of the Board: Ayes: All. This Resolution was duly adopted(5-0). 1:02 P.M. - COTTAGE ON THIRD, LLC #7472—By Gary Steinfeld, Representative; Stephan Roussan, George Maul, Doris Brautigan, opposed. Request for a Variance from Article XXIII, Section 280-124 and the Building Inspector's January 13, 2021 Notice of Disapproval based on an application for a permit to construct a new accessory pool house/garage; at 1) more than the code permitted maximum lot coverage of 20%; located at: 850 Third Street, Greenport, NY. SCTM No. 1000-117-8-7, RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Lehnert to CLOSE AND RESERVE DECISION Vote of the Board:Ayes: All. This Resolution was duly adopted (5-0). 1:46 P.M. - DAVID ZAPPULLA #7473 —By David Zappulla, Owner. Request for Variances from Article XXIII, Section 280-124 and the Building Inspector's December 23,2020,Notice of Page 5—MINUTES � i6 Regular Meeting held March 4,2021 � ' t Southold Town Zoning Board of Appeals Disapproval based on an application for a permit to demolish and reconstruct a new single-family dwelling; at 1)located less than the code required minimum front yard setback of 35 feet;2)more than the code permitted maximum lot coverage of 20%; located at: 810 Linnet Street, Greenport, NY. SCTM No. 1000-48-3-13. RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Lehnert to CLOSE AND RESERVE DECISION. Vote of the Board: Ayes: All. This Resolution was duly adopted(5-0). 1:53 P.M.-JAMES AND LAURIE CARNEY #7474—By Sam Fitzgerald,Representative;Mary Beth and George Guimares, in support. Request for Variances from Article XXIII, Section 280- 124 and the Building Inspector's December 15, 2020 Notice of Disapproval based on an application for a permit to construct additions and alterations to existing single family dwelling; at 1) located less than the code required minimum front yard setback of 35 feet; 2) located less than the code required minimum rear yard setback of 35 feet;located at:No#Equestrian Avenue, Fishers Island, NY. SCTM No. 1000-9-6-3. RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman,seconded by Member Acampora to CLOSE AND RESERVE DECISION. Vote of the Board: Ayes: All. This Resolution was duly adopted (5-0). 2:04 P.M. - CHRISTOPHER AND MARIAN BRIGGS #7477—By Sam Fitzgerald, Representative. Request for Variances from Article III, Section 280-15; Article XXIII, Section 280-124; and the Building Inspector's January 25, 2021 Notice of Disapproval based on an application for a permit to legalize"as built" deck additions to an existing single family dwelling and to legalize an"as built"accessory shed; at 1) as built shed is located in other than the code permitted rear yard; 2) as built deck is located less than the code required minimum front yard setback of 40 feet; 3) as built deck is located less than the code required minimum rear yard setback of 60 feet; located at: 320 Oceanic Avenue,Fishers Island,NY. SCTM No. 1000-9-7-9.1. RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony,motion was offered by Chairperson Weisman, seconded by Member Planamento to CLOSE AND RESERVE DECISION. Vote of the Board: Ayes: All. This Resolution was duly adopted 5-0). 2:12 P.M.-KONSTANTINOS DIAKOVASILIS#7465SE—(Adjourned from February 4,2021) Applicant requests a Special Exception under Article III, Section 280-13B(13). The Applicant is owner of subject property requesting authorization to establish an Accessory Apartment in an existing accessory structure; at: 2095 Ruth Road, Mattituck, NY. SCTM#1000-106.-7-6. The applicant's representative, Terrence Connelly requested an adjournment to the April 1, 20231 Regular Meeting. RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Dantes to ADJOURN the Hearing to the Regular Meeting of April 1,2021. Vote of the Board: Ayes: All. This Resolution was duly adopted(5-0). 2.13 P.M. - SUFFOLK COUNTY ENERGY STORAGE II, LLC #7463 SE — (Adjourned from February 4, 2021) By Steven Losquadro, Attorney; Walter Mesner, Design Professional. Chris Page 6—MINUTES Regular Meeting held March 4,2021 � Southold Town Zoning Board of Appeals Regini,Jenn Hartnagel,Thomas Sarakatsannis,Randy Wade,in opposition. Request for a Special Exception pursuant to Article XV, Section 280-62B(5),the applicant is requesting permission to construct and allow for public utility structures and uses; i.e., battery energy storage system facility; located at 69430 Main Road(NYS Route 25), Greenport,NY SCTM No. 1000-45-5-1. RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Lehnert to ADJOURN the Special Meeting of March 18, 2021. Vote of the Board: Ayes_All. This Resolution was duly adopted(5-0). RESOLUTIONS: RESOLUTION ADOPTED: Motion was offered by Chairperson Weisman, seconded by Member Dantes to set the next Regular Meeting with Public Hearings to be held on Thursday, April 1, 2021, at 9:00 AM. Vote of the Board: Ayes: All. This Resolution was duly adopted i'S RESOLUTION ADOPTED: Motion was offered by Chairperson Weisman, seconded by Member Planamento to approve Minutes from Special Meeting held February 18,2021. Vote of the Board: Ayes: All. This Resolution was duly adopted(5-0). There being no other business properly coming before the Board at this time,the Chairperson declared the meeting adjourned. The meeting was adjourned at 3:29 P.M. Respectfully submitted, Kim E, Fu 3 /2 Z/2021 Board Assistant Included by Reference: Filed ZBA Decisions (0) F.RE EV eslie K es Weisman, Chairperson / /2021 2 4 2021 MA Approved for Filing Resolution Adopted Sim ®Id Town Clerk i BOARD MEMBERS �Q�SOUP Southold Town Hall Leslie Kanes Weisman,Chairperson y� 53095 Main Road•P.O.Box 1179 h0 l0 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes N 'e Town Annex/First Floor, Robert Lehnert,Jr. • O� � 54375 Main Road(at Youngs Avenue) Nicholas PlanamentoCOO Southold,NY 11971 http://southoldtownny.gov / ZONING BOARD OF APPEALS ,� 6� TOWN OF SOUTHOLD s 1 Tel.(631)765-1809•Fax(631)765-9064 MINUTES REGULAR MEETING THURSDAY, FEBRUARY 4, 2021. Due to public health and safety concerns related to COVID-19, and in accordance with the Governor's Executive Order 202.1,the February 4, 2021 Zoning Board of Appeals meeting was held via ZOOM WEBINAR beginning at 8:30 AM. Present were: Leslie Kanes Weisman, Chairperson Kim Fuentes,Board Assistant Nicholas Planamento,Vice Chair Elizabeth Sakarellos, Office Assistant Eric Dantes,Member Donna Westermann,P/T Office Assistant Patricia Acampora, Member Robert Lehnert,Member 8:37 A.M. Chairperson Weisman called the meeting to order. Vote of the Board: Ayes: Members Weisman (Chairperson) Planamento, Dantes,Acampora and Lehnert. This Resolution was duly adopted (5-0). EXECUTIVE SESSION: 8:37 A.M. Motion was offered by Chairperson Weisman,seconded by Member Lehnert to enter into Executive Session in order to receive Attorney Advice. Vote of the Board: Ayes. Members Weisman (Chairperson) Planamento Dantes Acampora and Lehnert. This Resolution was duly adopted(5-0) 9:42 A.M. Motion was offered by Chairperson Weisman, seconded by Member Dantes to exit Executive Session. Vote of the Board: Ayes: Members Weisman(Chairperson), Planamento, Dantes Acampora and LehnertThis Resolution was duly adopted(5-0). WORK SESSION: Began at 9:57 A.M. A. Requests from the Board Members for future agenda items. Page 2—MINUTES Regular Meeting held February 4,2021 $outhold Town Zoning Board of Appeals STATE ENVIRONMENTAL QUALITY REVIEWS; BOARD RESOLUTION: Motion was offered by Chairperson Weisman seconded by Member Acampora, to declare the following applications as Type II Actions and not subject to environmental review pursuant to State Environmental Quality Review(SEQR) 6 NYCRR, Part 617.5 (c) (3),with No Adverse Effect for the following projects as applied: Type II Actions (No further steps- setback/dimensional/lot waiver/accessory . apartment/bed and breakfast requests): George Cavagnaro#7452 Pedro Rivas and Yira Tejada#7458 Mari Shea#7460 Peter and Valerie Sakas (Breezy Shores Cottage#16)#7461 Charles and Helen Szarka(Breezy Shores Cottage#17)#7462 Matthew Kaelin and Kathryn Collins#7464 Konstantinos Diakovasilis#SE Vote of the Board: All. This resolution was duly adopted(5-0). "BOARD-RESOLUTION: Motion was offeredby Chairperson Weisman, seconded=by Member-, Lehnert-to declare die-Special Exception Application of Suffolk-County-Ener�y-3torage II, LLC #7463SE an Unlisted Action, and subsequent-to the completion of a coordinated review pursuant-to-6 NYCRR Part 617 of-the State Environmental Quality Review-Act-(SEQRA), _=declare the--Zoning Board of Appeals as,Lead Agency for the SEQRA ireview_of-this Unlisted—= Action,_.- Vote of the Board: All. This resolution was duly adopted(5-0)., BOARD RESOLUTION: Motion was offered by Chairperson Weisman, seconded by Member Lehnert to declare the Special Exception Application of 12425 Sound LLC,Andrewlohrkolb #7459SE an Unlisted Action, declare the Zoning Board of Appeals as Lead Agency for the SEQRA review of this Unlisted Action. Vote of the Board: All. This resolution was duly adopted(5-0). POSSIBLE RESOLUTION TO CLOSE THE FOLLOWING HEARINGS: LOUIS A.NARDOLILLO AND ERIN A.NARDOLILLO#7457—(Adjourned from January 7, 2021) Request for Variances from Article III, Section 280-15; Article XXIII, Section 280-124; and the Building Inspector's October 19,-2020, Amended November 12, 2020 Notice of Disapproval based on an application for a permit to construct additions and alterations to existing accessory garage; at 1)located less than the code required minimum rear yard setback`of 15 feet; 2)more than the code permitted maximum lot coverage of 20%; located at: 3850 Camp Mineola i - 1 Page 3—MINUTES Regular Meeting held February 4, 2021 Southold Town Zoning Board of Appeals Road, Mattituck, NY. SCTM No. 1000-123-5-18. RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony,motion was offered by Chairperson Weisman,seconded by Member Lehnert to CLOSE and Reserve Decision. Vote of the Board: Ayes: All. This Resolution was duly adopted(5-0). DELIBERATIONS/POSSIBLE DECISIONS/RESOLUTIONS: CODE INTERPRETATION DETERMININES THAT WORKSHOPS AND ARTIST STUDIOS ARE PERMITTED USES IN ACCESSORY STRUCTURES UPON RESIDENTIAL LOTS WITH CONDITIONS and GRANT AREA VARIANCE AS AMENDED: LOUIS A.NARDOLILLO AND ERIN NARDOLILLO#7457 Vote of the Board: All. This resolution was duly adopted(5-0). CODE INTERPRETATION DETERMINES THAT WORKSHOPS AND ARTIST STUDIOS ARE PERMITTED USES IN ACCESSORY STRUCTURES UPON RESIDENTIAL LOTS WITH CONDITIONS: THOMAS RYCKMAN AND PAMELA WILSON 47454 Vote of the Board: All. This resolution was duly adopted(5-0). PUBLIC HEARINGS: 10:14 A.M. - GEORGE CAVAGNARO#7452—By Anthony Portillo,Representative. Request for a variance from Article XXIII, Section 280-124; and the Building Inspector's October 28, 2020 Notice of Disapproval .based on an application for a permit to construct additions and alterations to an existing single-family dwelling; at 1) located less than the code required front yard setback of 35 feet; located at: 265 Racketts Court, Orient,NY, SCTM No. 1000-17-6-9.1. RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Lehnert to CLOSE HEARING subject to receipt of Landmarks Preservation Committee's Certificate of Appropriateness Vote of the Board: Ayes: All This Resolution was duly adopted 5-0 . 10:19 A.M. - PEDRO RIVAS AND YIRA TEJADA #7458 — By Patricia Moore, Attorney. Request for Variances from Article III, Section 280-15; Article XXIII, Section 280-124; and the Building Inspector's September 11, 2020 Notice of Disapproval based on an application for a permit to construct additions and alterations to an existing single family dwelling and to legalize Page 4—MINUTES Regular Meeting held February 4,2021 Southold Town Zoning Board of Appeals Y� an"as built" accessory shed; at 1)proposed dwelling is located less than the code required front yard setback of 35 feet; 2) proposed dwelling is located less than the code required rear yard setback of 35 feet;3)proposed construction more than the code permitted maximum lot coverage of 20%;4)"as built"shed located in other than the code permitted rear yard; located at: 305 Flint Street, Greenport, NY. SCTM No. 1000-48-2-7.1. RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony,motion was offered by Chairperson Weisman, seconded by Member Acampora to CLOSE AND RESERVE DECISION. Vote of the Board:Ayes: All.This Resolution was duly adopted(5-0). 10:26 A.M. -MARI SHEA#7460—By Michael Kimack,Representative. Request for a Variance from Article XXIII, Section 280-124 and the Building Inspector's December 1, 2020 Notice of Disapproval based on an application for a permit to construct additions and alterations to an existing single family dwelling; at 1) located less than the code required front yard setback of 40 feet; located at: 1350 Smith Road, Peconic, NY. SCTM No. 1000-98-3-25.1. RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Planamento to CLOSE AND RESERVE DECISION. Vote of the Board: Ayes: All. This Resolution was duly adopted(5-0). 10:39 A.M. - PETER AND VALERIE SAKAS BREEZY SHORES COTTAGE #16) #7461 By Frank Uellendahl, Representative. Request for a Variance from Article XXIII, Section 280- 123 and the Building Inspector's December 8, 2020 Notice of Disapproval based on an application for a permit to construct additions and alterations to an existing seasonal cottage; at 1) a non-conforming building containing a non-conforming use shall not be enlarged, reconstructed, structurally altered or moved,unless such building is changed to a conforming use; at: 65490 Route 25, (Breezy Shores Cottage#16, Adj. to Shelter Island Sound) Greenport,NY. SCTM#1000-53-5-12.6. RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Dantes to CLOSE AND RESERVE DECISION. Vote of the Board: Amies All. This Resolution was duly adopted(5-0). 10.43 A.M. - CHARLES AND HELEN SZARKA(BREEZY SHORES COTTAGE#17 #) 7462 By Frank Uellendahl, Representative, Request for a Variance from Article XXIII, Section 280- 123 and the Building Inspector's December 8, 2020 Notice of Disapproval based on an application for a permit to construct additions and alterations to an existing seasonal cottage; at 1) a non-conforming building containing a non-conforming use shall not be enlarged, reconstructed,structurally altered or moved,unless such building is changed to a conforming use; at: 65490 Route 25, (Breezy Shores Cottage #17, Adj. to Shelter Island Sound) Greenport,NY, SCTM No. #1000-53-5-12.6. RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Lehnert to CLOSE AND RESERVE DECISION. Vote of the Board: Ayes:All. This Resolution was duly adopted (5-0). 10:50 A.M. - MATTHEW KAELIN AND KATHRYN COLLINS #7464 — By Stephen Ham, Attorney. Request for Variances from Article XXIII, Section 280-124; and the Building Inspector's October 22, 2020 Notice of Disapproval based on an application for a permit to construct additions and alterations to an existing single family dwelling; at 1)proposed dwelling Page 6—MINUTES �( Regular Meeting held February 4,2021 /�a /➢ J Southold Town Zoning Board of Appeals is located less than the code required front yard setback of 35 feet;2)more than the code permitted maximum lot coverage of 20%;located at: 328 Avenue B,Fishers Island,NY. SCTM No. 1000- 6-2-13.1. RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Lehnert to CLOSE AND RESERVE DECISION. Vote of the Board: Aves: All. This Resolution was duly adopted(5-0). 11:01 A.M. - KONSTANTINOS DIAKOVASILIS #7465SE — By Paraskevi Diakovasilas, Owner, Terrence Connelly, Representtive. Opposed by Ina Palianok and Philip Dipippo. Applicant requests a Special Exception under Article III, Section 280-13B(13). The Applicant is owner of subject property requesting authorization to establish an Accessory Apartment in an existing accessory structure; at: 2095 Ruth Road, Mattituck, NY. SCTM#1000-106.-7-6. RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Lehnert to ADJOURN the hearing to March 4, 2021. Vote of the Board: Ayes: All. This Resolution was duly adopted(5-01 11:40 A.M. Motion was offered by Chairperson Weisman, seconded by Member Acampora to break for lunch. Vote of the Bdard: Ayes: All. This Resolution was duly adopted(5-0). 1:05 P.M. Motion was offered by Chairperson Weisman, seconded by Member Planamento to reconvene the public hearing. Vote of the Board: Ayes: All. This Resolution was duly adopted 5-0). 1:00 P.M. - 12425 SOUND LLC ANDREW FOHRKOLB #74595E — By Martin Finnegan, Attorney. Continents from Randy Wade. Request for a Special Exception pursuant to Article XV, Section 280-62B(11) and Article XXVI, Section 280-146D, the applicant is requesting permission to convert and expand an existing two story residential dwelling to six units of affordable rental housing;located at 12425 Old Sound Avenue,Mattituck,NY SCTM No. 1000- 141-3-39. RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Chairperson Weisman, seconded by Member Lehnert to CLOSE the hearing subject to receipt of SEQRA determination. Vote of the Board:Ayes: All. This Resolution was duly adopted(5-0). 1:42 P.M. - SUFFOLK COUNTY ENERGY STORAGE II, LLC #74635E — By Steven Losquadro, Attorney, Walter Meisner, Jason Funk, Cristina Zolezi and Reid Strain, Engineers. Opposed by Randy Wade, Eric Wechler, James Sarakatsannis, Elaine Fredrickson, Jenn Hartnagel (Group for the East End) and Chris Larkin. In favor, Jon DiVello, Owner, Greg Kaufinan,Louise Harrison. Request for a Special Exception pursuant to Article XV,Section 280- 62B(5),the applicant is requesting permission to construct and allow for public utility structures and uses; i.e., battery energy storage system facility; located at 69430 Main Road (NYS Route 25), Greenport,NY SCTM No. 1000-45-5-1. RESOLUTION: (Please see transcript of written statements prepared under separate cover.) After receiving testimony, motion was offered by Page 6—MINUTES Regular Meeting held February 4,2021 Southold Town Zoning Board of Appeals Chairperson Weisman, seconded by Member Acampora to ADJOURN the hearing to March 4, 2021. Vote of the Board: Ayes: All. This Resolution was duly adopted(5-0). RESOLUTIONS: RESOLUTION ADOPTED: Motion was offered by Chairperson Weisman, seconded by Member Lehnert to set the next Regular Meeting with Public Hearings to be held on Thursday, March 4, 2021, at 8:30 AM. Vote of the Board: Ayes: All. This Resolution was duly adopted �L-01 RESOLUTION ADOPTED: Motion was offered by Chairperson Weisman, seconded by Member Acampora to approve Minutes from Special Meeting held January 21, 2021. Vote of the Board: Ayes: All. This Resolution was duly dopted(5-0). There being no other business properly coming before the Board at this time,the Chairperson declared the meeting adjourned. The meeting was adjourned at 4:00 P.M. Respe;tfull.Lsjulted, Kim E. Fuentes 2 / %2021 Board Assistant Included by Reference: Filed ZBA Decisions (2) 19slieKa.n6/sWeisman, Chairperson ?, /x—/2021 Approved for Filing Resolution Adopted REC IVED d- MAR - 12021 Lis Sou old'Town Clerk 21 �RECEND ��35� t 6R ® 4 2021 Zoning Board Of Appeals N �- �- State Environmental Quality Review NEGATIVE DECLARATION Notice of Determination of Non-Significance March 1, 2021 This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Law. The Southold ZoningAard of Appeals, as lead agency, has determined that the proposed action described below will not have a significant effect on the environment and a Draft Environmental Impact Statement will not be prepared. Name of Action: SUFFOLK COUNTY ENERGY STORAGE II, LLC SCTM#: 1000-45-5-1 Location: Greenport, New York SEAR Status: Type I ( ) Unlisted (X) Conditioned Negative Declaration: Yes ( ) No (X) Description of Action: The applicant is requesting a Special Exception pursuant to Article XV, Section 280-62B(5), the applicant is requesting permission to construct and allow for public utility structures and uses; i.e., battery energy storage system facility; located at 69430 Main Road (NYS Route 25), Greenport, NY SCTM No. 1000-45-5-1. The proposal requires several approvals from Southold Town. 1. Special Exception approval from the Southold Zoning Board of Appeals 2. Commercial site plan approval from the Southold Planning Board 3. Wetland Permit issuance by the Southold Board of Trustees SEQRA V �;ative Declaration - Page 12— March ;r x:)21 4. Building Department Approval Other approvals are required from the New York State Department of Environmental Conservation, Suffolk County Department of Health, Suffolk County Water Authority, Greenport Fire District and Long Island Power and Light. This determination was made in part with consideration of the Suffolk County Energy Storage II— Special Exception narrative included with the application submission. Reasons Supporting This Determination: 1. Impact on Land A Full Environmental Assessment Form (9/28/2020) has been submitted and reviewed. The determination was based upon the following: The parcel is 2.02 acres and improved with a single-family residence and shed located within the Light Industrial zone (LI). Land uses surrounding the parcel include preserved open space to the south and east. A contractor's yard is located to the northeast in the LI zone and a hotel and recreational center and community facility to the west of the parcel. Zoning The purpose of the LI zoning district is defined as: "to provide an opportunity for business and industrial uses on smaller lots than would be appropriate for the LIO Light Industrial Park/Planned Office Park District." The LI zone does not specifically regulate battery energy storage systems as a use. Public utility structures and uses are permitted within the zone as a special exception reviewed by the Town of Southold Zoning Board of Appeals. A commercial site plan is also required for the action. The characteristics of the parcel poses environmental and zoning challenges. Two 100' setbacks apply: The first from the right of way in the front yard (§ 280-64. Front yard setbacks) and the second from a freshwater wetland system that occurs in the rear of the property (§ 275-3. Findings; purpose;jurisdiction; setbacks). Any wetland system found to occur off the property would also be subject to a 100' setback. Chapter 275 Wetlands and Shorelines defines SETBACK as the minimum distance by which any building, structure or operations must be separated from a wetland boundary, coastal erosion hazard line or bluff line. In addition, the LI zone requires a 20' side yard with a combined total of 40' and a 70' rear yard from the property line. The applicant is requesting a lot coverage variance request. The project proposes to increase lot coverage to 47.93 percent from 7.48 percent (it is unclear if the wetlands were assessed in lot coverage). The maximum permitted lot coverage in the LI zoning district is 30 percent. SEQF:A L' 'sative Declaration - Page 13— March ')21 The parcel is surrounded on two sides by ecologically significant, preserved open space land and wetlands. A community benefit from the proposed use includes the capability of powering up to 28,746 homes for up to 8 hours during electric shortages or outages (if grid is operational). The applicant states that the facility would serve as a public utility function to enhance reliability of the electrical grid. Moderate to large adverse impacts on land are not expected to occur as a result of the action. 2. Impact on Geological Features The proposed project site does not contain nor is it adjacent to any unique geologic features. 3. Impact on Water The parcel is located within Groundwater Management Zone IV and is not located within a designated Special Groundwater Protection Area. However, the preservation of groundwater quality and quantity is paramount to protect the sole source aquifer. 1. Water Supply The project will not create a significant new demand for potable water. Interconnection with the Suffolk County Authority water main located in NYS Route 25 is proposed for fire suppression only. Water use is expected to be low. 2. Sanitary Disposal The project will not generate liquid waste and no subsurface sanitary waste disposal will occur. Portable restrooms will be provided on site during the construction phase. No moderate to large adverse impacts to groundwater are expected to occur as a result of the action. 3. Ground or Surface Water Quality or Quantity Test hole data has not been provided and depth to groundwater on-site is unknown, however, it should be noted that the parcel is located in an area with seasonal high groundwater conditions. A NYSDEC and Town of Southold regulated freshwater wetland is located in the east of the parcel that is directly hydrologically connected to, a larger wetland on preserved open space located to the south and east of the subject parcel. The Long Environmental Assessment Form submitted with the application states that "Project will be sited at least 10' from the wetland itself per NYSDEC request" (Page 5 of 13). Note that the parcel is located within a "check zone" which is a 100' area around a mapped wetland. Other wetland areas off-site may be within the check zone. The Southold Town Board of Trustees will be contacted to determine if additional wetland systems occur off-site. A Chapter 275 Wetlands Permit from the Southold Town Board of Trustees and NYSEDEC Article 24 Permit will be required. As indicated above, Chapter 275 Wetlands and Shorelines of the Southold SEQRA I. _'dative Declaration - Page 14 — March , 121 Town Code requires a minimum setback of 100 feet from freshwater wetlands. The proposed minimum 10' wide setback to the wetland raises concerns about adverse direct and indirect impacts over time that could occur to the wetland system from surface runoff. The deficient wetland setback coupled with the intense build out (lot coverage) and poorly drained soils of the parcel could result in greater surface areas contributing to stormwater runoff and the introduction of potential pollutants into the ecosystem. Stormwater runoff and the effect on adjacent properties is also a concern. On site drainage is proposed to be controlled by swales and subsurface diffusion wells in the developed areas and allowed to "naturally flow" in the undeveloped areas. The function of traditional sub-surface drainage located in these poorly drained soil types and seasonal flooded areas is questionable. Chapter 236 Stormwater Management of the Southold Town Code also applies and stormwater must remain on-site. A New York State Department of Environmental Conservation (NYSDEC) SWPPP will also be required to address storm water and erosion. While moderate to large adverse impacts to groundwater and the freshwater wetlands on site are not expected to occur as a result of the project as proposed, there are expected to be some impacts which ought to be mitigated. Mitigation to protect ground and surface waters could include the following, requiring maximum structural setbacks (100'), protecting existing vegetation, establishing vegetated non-disturbance buffers with protect the wetland, limiting irrigated areas, requiring native and flood tolerant plant species and restricting or prohibiting the application of fertilizer and herbicides on the parcel in this environmentally sensitive area. Moderate to large adverse impacts to ground water quality or quantity are not expected to occur. 4. Impact from Flooding Site inspection verified that the parcel seasonally floods. Flooding occurs on the parcel from seasonal groundwater fluctuations and poorly drained soils coupled with weather events. Flooded conditions are also expected from the expansion of the wetland system and less frequently; by storm water surge from major hurricanes. The structures will be located outside of the FEMA 0.2-percent-annual-chance (500-year) mapped flood zone, however, the threat of adverse impacts to structures on site from flooding is possible. All structures placed or constructed on-site should be designed to be flood tolerant to account for seasonal groundwater fluctuations without raising the grade of the parcel. Raising the grade would alter site drainage conditions and may affect the adjacent properties. The ecological systems adjacent to this parcel are high quality and any external influences capable of altering hydrology or adversely impacting water quality or vegetation should be prohibited. SLOSH modelling indicates that the parcel could be impacted by a Category 3, 4 and 5 hurricane. The SLOSH (Sea, Lake, and Overland Surges from Hurricanes) model is a numerical model used by National Weather Service to compute storm surge. Storm surge is defined as the abnormal rise of water generated by a storm, over and above the predicted astronomical tides. Flooding from storm surge depends on many factors, such as the track, intensity, size, and forward speed of the hurricane and the characteristics of the coastline where it comes ashore or passes nearby. For planning SEQRA I. �_ative Declaration - Page 5 — March )21 purposes, the National Hurricane Center uses a representative sample of hypothetical storms to estimate the near worst—case scenario of flooding for each hurricane category (NOAA). The Suffolk County Multi-Jurisdictional Multi-Hazard Mitigation Plan shows that the parcel could be impacted by Category 3 and 4 hurricanes. Although it is difficult to mitigate flooding from hurricanes other than avoiding building in at risk areas. It is recommended to avoid potential loss from flooding that the structures placed or constructed on site are designed to be flood tolerant to address storm surge influence without raising the grade of the parcel. The interruption of on-site drainage patterns by development of the site is a concern. Drainage areas contribute to the hydroperiods of wetland systems. The interruption of drainage areas that effect a wetland could alter the hydrology of these systems and the ecology. The build out of the parcel is expected to affect the hydroperiod of the wetland. It is recommended that the alteration of drainage patterns within 100' of the on-site wetland is prevented through the establishment of a 100' wide, vegetated, non-disturbance buffer. Surface disturbance should be kept to a minimum to avoid disrupting drainage patterns. Although proposed structures are not proposed to be located within a mapped FEMA flood zone, the potential for adverse impacts from flooding on site are expected due to poorly drained soils, seasonal high groundwater with an expected water table of less than 3 feet and storm surge influence. As noted above, site construction should be designed to tolerate flooded conditions and avoid disrupting drainage patterns and site topography to the greatest extent practicable. S. Impact on Air Air pollution can harm human health, and damage elements of the ecosystem. Exposure to air pollution is associated with numerous effects on human health, including pulmonary, cardiac, vascular, and neurological impairments. No significant emissions from the use are proposed. The movements of vehicles on site are capable of causing low levels of fugitive dust during construction. Once the site is developed, fugitive dust generated from the project is expected to be low. No substantial adverse change in existing air quality is expected to occur. 6. Impact on Plants and Animals The rear portion of the parcel is located within the Pipes Cove Creek and Moore's Drain Significant Coastal Fish and Wildlife Habitat Area; an area of high ecological significance. The applicant has contacted the New York State Department of Environmental Conservation Natural Heritage Program and threatened habitats and protected species have been identified as potentially occurring adjacent to the parcel (August 26, 2020 letter attached). The site is currently improved with a single-family house and shed; the majority of the parcel is lawn. Vegetation occurs along the southeast, southwest and northeast parcel boundaries, adjacent to the wetland systems. No new clearing is proposed and the development of the facility will not physically SEQRA I' _`;ative Declaration - Page 16— March 021 destroy habitat. However, the proposed use has the capability to directly and indirectly impact wildlife species in the area during and after construction from operational noise and stormwater runoff etc. over time. These impacts, while not considered moderate to large by SEQRA standards, may still be a detriment to these high quality adjacent natural areas unless they are mitigated. The NYSDEC Environmental Mapper indicates that the parcel is located within a Rare Plants and Animal area. This layer shows generalized locations of animals and plants that are rare in New York State, including but not limited to those listed as Endangered and Threatened. Records show the following: This location is in the vicinity of Animals Listed as Endangered or Threatened This location is in the vicinity of Rare Dragonflies and Damselflies—Not Listed by NYS This location is in the vicinity of Rare Plants Listed as Endangered, Threatened, or Rare by NYS This location is in the vicinity of Rare Moths—Not Listed by NYS Historic records of protected species include: Common Name: Cat-tail Sedge Scientific Name: Carex typhina Date Last Documented: 1928-07-15 Location: Greenport NYS Protected: Endangered Common Name: Green Parrot's feather Scientific Name: Myriophyllum pinnatum Date Last Documented: 1924-08-01 Location: Greenport NYS Protected: Endangered Common Name:Smooth Tick-trefoil Scientific Name: Desmodium laevigatum Date Last Documented: 1962-09-09 Location: Greenport NYS Protected: Endangered Common Name: Cut-leaved Evening-primrose Scientific Name: Oenothera laciniata Date Last Documented: 1880-05-30 Location: New Egypt NYS Protected: Endangered Common Name: Velvet Panic Grass Scientific Name: Dichanthelium scoparium Date Last Documented: 1939-06-19 Location: Greenport NYS Protected: Endangered Natural Community Name: Coastal oak-hickory forest SEQRA( 'ative Declaration - Page 17 — March 1021 Location: Moores Woods -100 1 J Ecological System: Uplands JJ Natural Community Name: Red maple-swamp white oak swamp Location:Arshamomaque Wetland Ecological System: Freshwater Nontidal Wetlands The extent of occurrence or use of the above species on site is currently unknown. However, the use of the parcel by wildlife is expected due to its proximity to Moore's Drain. On-site inspection of the parcel revealed that the whitetail deer use of the parcel is very high. This location of the parcel is in the vicinity of Bats Listed as Endangered or Threatened—This refers to the northern long-eared bat (NLEB) (Myotis septentrionalis) a species listed as threatened by both New York State and the US Fish & Wildlife Service. It is further recommended that the applicant contact Ms. Michelle Gibbons at the NYSDEC Regional Office 631-444-0306 to determine possible occurrence and discuss any additional regulations pertaining to the species. No significant removal or destruction of large quantities of vegetation will occur as a result of this action. —The management of rare or threatened plants or animals on site or within the vicinity of the site is unknown pending more information from the NYSDEC or on-site inspection. Neither the NYSDEC or the Town of Southold can provide a definitive statement on the presence of absence of protected species occurring on or using the site, however moderate to large adverse impacts are not expected from this action as proposed due to the small size of the parcel, and the site's long-time use as a residential parcel. 7. Impact on Agricultural Land Resources &Soils The parcel is improved and not farmed. The parcel is not currently in agricultural production and adverse impacts to agricultural lands or soils will not occur. A discussion on property soils types follows: Soil Types On-site dominate soil groups include Canadice Silt Loam (94%) and to a lesser extent Haven Loam (6%). Canadice Silt Loam soils are poorly drained. Permeability is moderate to moderately slow on the surface and very slow in the subsoil. Depth to a seasonal, intermittent apparent water table is +0.5 to 1.0 foot from November to June in normal years. Ponding occurs during periods of heavy rainfall and'spring snowmelt (National Cooperative Soils Survey). The soil properties pose a severe limitation on homesites (USDA). Test hole data was not provided therefore depth to groundwater on-site is unknown. High groundwater is expected. Flooding of the parcel due to soil characteristics was observed on the parcel on February 25, 2021. The poorly drained soils on site also increases the potential for future flooding and surface runoff under normal conditions. Expansive Soils SEQFZA I ative Declaration - Page 18— March ;'_')21 The parcel is located within an expansive soil hazard identified area by Suffolk County Multi- Jurisdictional Multi-Hazard Mitigation Plan. Canadice Silt Loam is the only soil in Suffolk County that exhibits the properties of linear extensibility potential and shrink-swell potential due to changes in moisture content. Expansive soils are often referred to as swelling clays because clay materials are most susceptible to swelling and shrinking. Changes in soil volume present a hazard primarily to the basement and foundation of structures built on expansive soils, as well as highways and streets. (Suffolk County Multi-Jurisdictional Multi-Hazard Mitigation Plan). The development potential of the property is a concern. The placement of cabinets and structures on site would result in the disturbance of soils, however, no significant excavation or grading of soils on site is currently proposed. 8. Impact on Aesthetic Resources The parcel is visible from NYS Route 25; a New York State Designated Scenic Byway. The applicant has indicated that future development would be screened by a vegetative buffer from occupants in vehicles. Specifications and details of the buffer will be addressed during site plan review. In the event the action is approved, year-round vegetative screening of the facility is recommended The parcel is adjacent to and north of the Bay to Sound Trail; a public educational and recreational trail system located (in this area) on protected open space lands owned by Suffolk County. It was verified that the house and shed are visible from the Bay to Sound Trail. The applicant has offered to plant vegetative screening of the facility from the trail in a March 3, 2021 letter. Specific details of the screening will be outlined during site plan review. While the action as proposed will result in no moderate to large adverse impacts to aesthetic resources, some impact is possible and mitigation of these impacts are recommended. In particular screening from NYS Route 25 and the Bay to Sound Trail are important to consider. 9. Impact on Historical and Archeological Resources The applicant has submitted a letter from NYS OPRHP indicating that no adverse impacts to cultural resources will occur from the development of this facility. No moderate to large adverse impacts to important historical or archaeological resources are expected. 10. Impact on Open Space and Recreation The parcel is privately owned; however, as discussed above it is adjacent to preserved open space lands owned by Suffolk County and is located in close proximity to the Town of Southold Bay to Sound Trail. The ecological importance of the surrounding, protected lands is significant. As discussed, the rear portion of the parcel is located within the Pipes Cove Creek and Moore's Drain Significant Coastal Fish and Wildlife Habitat Area that continues to the south and east. Correspondingly, in a January 2021 memorandum, the Town of Southold Land Preservation SEQRA I '�ative Declaration - Page 19 — March ; -)21 Coordinator, outlines and emphasizes the environmental sensitivity and preservation actions in the area pointing out that the parcel is included on numerous lists as a preservation target validating the ecological significance of the area. The direct impacts to the open space lands would include stormwater runoff from impervious surfaces and poorly drained soils and the interruption of wildlife behavior and use of the parcel. These impacts are not expected to be significant due to Southold Town regulations controlling stormwater and the vegetative screening proposed. No significant impacts to public open space or recreational areas are expected to occur as a result of this action. 11. Impact on Critical Areas The parcel is located within the Peconic Bay watershed and therefore is a New York State Department of Environmental Conservation (NYSDEC) Critical Environmental Area (CEA) listed as: Peconic Bay and Environs. The site is also expected to influence-Pipes Cove Creek as groundwater flow is expected to flow towards the creek and the Peconic Bay. Southold Town contains 23 NYSDEC Critical Environmental Areas. To be designated as a CEA, an area must have an exceptional or unique character with respect to one or more of the following: • A benefit or threat to human health. • A natural setting (e.g., fish and wildlife habitat, forest and vegetation, and/or open space and areas of important aesthetic or scenic quality). • Agricultural, social, cultural, historic, archaeological, recreational, or educational values. • An inherent ecological, geological, or hydrological sensitivity that may be adversely affected by any change. The designations are important in review of development actions because the State Environmental Quality Review Act requires that a potential impact on the environmental characteristics of a CEA must be evaluated. The proposed facility has a benefit to human health in the ability to provide electricity to homes during peak demand and emergencies. A threat to human health has not been identified at this time. The impacts to the natural setting of the proposed facility, open space and aesthetics will be mitigated through vegetative screening proposed by the applicant. Vegetation nor wildlife habitat will be significantly impacted. The impacts to protected wildlife species are currently under assessment, however, due to the size of the parcel and improved nature, adverse impacts to protected species are not expected to be significant. No significant adverse impacts to agricultural,, social, cultural, historic, archaeological, recreational (vegetative buffers are proposed by the applicant), or educational values are expected. Low adverse impacts to ecological and hydrological sensitivity are expected and should be addressed with Southold Town Code regulations requiring setbacks to wetlands, control of stormwater, noise, lighting and through mitigative site design. Commercial site plan requirements will be applied. Moderate to large adverse impacts on Critical Environmental Areas are not expected. SEQRA !, ative Declaration - Page 110— March, ?021 12. Impact on Transportation The proposed use will not generate significant vehicle trips or transportation impacts. Traffic to and from the parcel will increase during the 8-month period of construction. Once completed, the facility would be unmanned and traffic generation would below. Periodic site visits to the facility would be limited to routine operation inspections and maintenance crews. The batteries would need to be replaced once every 4 to 5 years and traffic would increase during this event for a short duration. The adverse impacts on transportation are low. Parcel Access The parcel is located south of NYS Route 25. Access to the parcel is proposed by a single curb cut. The NYSDOT has indicated in a January 11, 2021 email that a highway-work permit will be required. The specifications of the curb cut and access road as well as parking requirements will be addressed during site plan review. 13. Impact on Energy The proposed facility does not generate or consume large amounts of electricity. The proposed facility will provide a benefit to the public by providing energy storage to meet peak electrical demands and during emergencies in the Town. The facility could provide power to 28,746 homes for up to 8 hours. The applicant states in the application that the facility would serve as a public utility function to enhance reliability of the electrical grid. No adverse moderate to large impacts to the quantity or type of energy will occur. 14. Impact from Noise, Odor and Light No adverse, substantial change in noise or odor is expected to occur. The applicant states that noise generated by the HVAC and transformers are not expected to exceed the Town's noise code. A sound analysis model has been offered by the applicant and is expected to be required during site plan review. The applicant states that the facility will be classified as federal and New York Homeland Security Critical Infrastructure and dark sky compliant lighting will be installed. Lighting on site will comply with Chapter 172. Lighting, Outdoor in the Southold Town Code and will not adversely impact adjacent properties or the night sky. Lighting will be further assessed during site plan review taking into consideration of the impact to wildlife. No moderate to large adverse impacts from noise, odor or lighting are expected. 15. Impact on Human Health SEQRA N; tive Declaration - Page 111 — March,, � ,021 No creation of a hazard to human health is expected to occur. The Long Environmental Assessment Form indicates that during construction equipment shipping wrap will be disposed of and no solid waste will result from operations of the facility. The lithium-ion batteries will be recycled at the end of the life at a licensed facility. Hazardous waste will not be generated or stored on site. Future site improvements will be required to comply with Chapter 236 Stormwater Management of the Southold Town Code to control stormwater. A NYSDEC SWPPP will also be required. Stormwater controls will be addressed during site plan review. 16. Consistency with Community Plans The proposal is not fully consistent with community plans. The Southold Town Comprehensive Plan 1. The proposal is not fully consistent with Objective 6.6 Protect scenic, natural, and cultural resources while planning for the provision of adequate energy for the future which provides analytical guidance when planning for an energy application. The proposed application is analyzed below: The Natural Resources and Environment Chapter of the Southold Town Comprehensive Plan (2020) addresses energy. A / Protect scenic qualities important to the community from public vantage points including New York State Route 25 and Suffolk County Route 48 when locating energy generating or transmission facilities. B Protect natural resources and environmental qualities when locating energy generating or transmission facilities. Mitigate adverse impacts through: • Burying transmission lines The proposal includes the burying of transmission lines. • Supporting innovative designs The facility provides supporting infrastructure for energy storage to address energy needs. • Requiring significant vegetative buffering The applicant has indicated that a vegetated buffer will be installed with evergreen trees to screen the facility from the road. The details of the vegetated buffer (tree height, specifications and spacing) have not been provided and is expected to be finalized during site plan review. • Requiring large setbacks As discussed above, the project shows a 25' front yard setback from the right of way (NYS Route 25) § 280-64 Front yard setbacks of the Southold Town Code requires that structures SEQRA P:' _five Declaration - Page 112— March! ?021 be set back at least 100 feet from the right-of-way. This provision is to mitigate visual impacts from light industrial uses. NYS Route 25 is a designated Scenic Byway. 1 / Discourage facilities from locating in designated environmentally sensitive areas. The parcel is located in a designated environmentally sensitive area. The rear portion of the parcel is located within the Pipes Cove Creek and Moore's Drain Significant Coastal Fish and Wildlife Habitat Area; an area of high ecological significance. 2 / Preclude the potential degradation of coastal resources by locating and constructing new electric energy generating/equipment/transmission facilities so that they would not adversely affect: • Designated SCFWHs The parcel is adjacent to the Pipes Cove Creek and Moore's Drain Significant Coastal Fish and Wildlife Habitat Area; an area of high ecological significance. The applicant has contacted the New York State Department of Environmental Conservation Natural Heritage Program and threatened habitats and protected species have been identified as potentially occurring adjacent to the parcel. The NYSDEC cannot confirm the presence or absence of species on- site. • Habitats critical to vulnerable fish and wildlife species, vulnerable plant species, and rare ecological communities. The majority of the parcel is cleared. The proposal would not directly result in clearing of habitats. • Wetlands and protected natural features. A freshwater wetland occurs on the parcel in the east corner. Structures would be located within or partially within 100' of the wetland. Since the build out is intense, the applicant is proposing a minimum of 10' wide buffer from the wetland boundary. This width is insufficient to provide protection of the wetland from developmental impacts and to mitigate flooding of the property from the expected seasonal expansion of the wetland. E / Work with energy providers through the specific area planning process to identify appropriate coastal locations for major energy generating or transmission facilities. Consider coastal locations where a clear public benefit is established using the following factors. • There is a demonstrated need for the facility. It is recognized that there is a need for public utility battery storage facilities to store electricity to meet peak electrical demands and during emergencies in the Town. • The facility will satisfy additional electric capacity needs or electric system needs. Yes, the facility could provide power to 28,746 homes for up to 8 hours during electric shortages or outages (if grid is operational). The applicant states that the facility would serve as a public utility function to enhance reliability of the electrical grid. • Alternative available methods of power generation and alternative sources of energy cannot reasonably meet the public need. The purpose of the facility is to store power. It does not generate power. SEQRA N 'hive Declaration - Page 113— Marchi" ',021 • Upgrades of existing facilities cannot reasonably meet the public need. • The facility incorporates feasible public recreational uses. No public recreational uses are proposed. It is important to note here that the facility would be visible from the Bay to Sound Trail. The proposal does not fully support Objective 6.7 of the Southold Town Comprehensive Plan which states: Ensure maximum efficiency when siting major energy generating facilities. A Achieve maximum transmission efficiency by siting major energy generating facilities close to load centers. The facility is proposed to be interconnected to the LIPA 8.1 Southold Substation located 750' to the northeast. Maximum transmission efficiency would be achieved if the facility were located on LIPA's 8.1 Southold Substation property. 8 J Work with energy providers to co-locate, where possible, facilities such as transmission lines, pipelines, substations, and terminals. The co-location of this or similar type facility on PSEG/LIPA owned property is supported. C Encourage the adoption of designated generation and transmission and facility sites and corridors to protect against incompatible development and to maximize increased capacity. The parcel has not been adopted or designated as a battery energy storage system facility site. Town of Southold LWRP The action has been reviewed to the policies of the Town of Southold Local Waterfront Revitalization Program (2005) and is recommended as Inconsistent in a February 25 memorandum. The recommendation cites the increase in lot coverage over than what is permitted in the zoning district and setting a precedent, insufficient setback to the wetland on-site, threat of flooding, site poorly drained soils and environmental sensitivity and significance. The LWRP CCR proposes specific recommendations to mitigate impacts in the event the action is approved. The proposed facility is consistent with the Long Island North Shore Heritage Area, a Regional Special Planning District designed to organize people, places and connections into a comprehensive and understandable approach. 17. Consistency with Community Character The character of the community is established by surrounding, protected open space and commercial uses. The Greenport Volunteer Fire Department and Southold Police Department service the area. The facility is unmanned and monitored remotely. The demand for fire and police services is expected to be periodic in the event of an emergency and a significant increase in services is not expected. The Planning Board will coordinate with the Greenport Fire District once a site plan application is filed. SEQRA h 'hive Declaration - Page 1 14— March,, `021 356 JON The parcel is located within the Greenport Union Free School District and the proposal will not generate school aged children. The adverse impact on schools is none to low. Based upon such, no significant adverse impacts to the environment are expected to occur should the project be implemented as planned. For Further Information: Contact Person: Mark Terry, Assistant Town Planning Director Telephone Number: (631) 765-1938 cc: Southold Town Clerk Southold Planning Board Southold Town Building Department DocuSign Envelope ID:221913CA5-07F5[ eAAF9-DF0DEB388A45 Full Environmental Assessment rorm Part I-Project and Setting /r Instructions for Completing Part 1 V Part 1 is to be completed by the applicant or project sponsor. Responses become part of the application for approval or funding, are subject to public review,and may be subject to further verification. Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond to any item,please answer as thoroughly as possible based on current information;indicate whether missing information does not exist, or is not reasonably available to the sponsor;and,when possible,generally describe work or studies which would be necessary to update or fully develop that information. Applicants/sponsors must complete all items in Sections A&B. In Sections C,D&E,most items contain an initial question that must be answered either"Yes"or"No". If the answer to the initial question is"Yes",complete the sub-questions that follow. If the answer to the initial question is"No",proceed to the next question. Section F allows the project sponsor to identify and attach any additional information. Section G requires the name and signature of the applicant or project sponsor to verify that the information contained in Part lis accurate and complete. A.Project and Applicant/Sponsor Information. Name of Action or Project: Suffolk County Energy Storage II Project Location(describe,and attach a general location map): 69430 Main Road/NY25 Greenport,NY 11944 Brief Description of Proposed Action(include purpose or need): Suffolk County Energy Storage II,LLC,a wholly-owned subsidiary of Savion,LLC,proposes to develop a 79.85MW/69kV LIPA Grid-Connected Battery Energy Storage System(BESS)to be located at 69430 Main Road/NY25 Greenport,NY 11944 that will interconnect to LIPA's existing 8.1 Southold Substation also located on Main Road[W25,Greenport. The BESS will be capable of powering approximately 28,746 homes for up to 8 hours. The BESS will-be charged from LIPWs 8J Southold Substation during LIPA's daily off-Peak(nighttime)electric demand and be available to LIPA for discharge to LIPA's 8J Southold Substation during LIPA's daily peak electric demand periods(mornings and aftemoons/evenings),as well as providing LIPA with other local electric grid services such as frequency and voltage regulation. The proposed BESS consists of Batteries equipped with self-contained.battery storage enclosures;HVAC Cooling;Inverters;,Control'instrumentation,and Interconnection Switchgear,which will"serve as the Interconnection interface with LIPA's 8J Southold Substation.The'BESS Facility will be unmanned and monitored remotely. Name of Applicant/Sponsor: Telephone:(816)421-9598 Suffolk County Energy Storage,11 LLC clo Jason Funk,Dir.Permitting$Environmental, E-Mail' 'Munk@savionenergy.com Address:69430 Main Road Greenport i City/PO:Greenport State:NY Zip Code:11944 Project Contact(if not same as sponsor;give name and title/role): Telephone: E-Mail: Address: City/PO: State: Zip Code: Property Owner (if not same as sponsor): Telephone: 631-902-5202 JEDI Group,LLC E-Mail:idivello@mesliny.com Address: 899 Harrison Avenue City/PO: Riverhead State: NY Zip Code:11901 Page 1 of 13 FEAF 2019 DocuSign Envelope ID:2219DCA5-07F54 AF9-DF0DEB388A45 B.Government Approvals B.Government Approvals,Funding,or Sponsorship. ("Funding"includes grants,loans,tax relief,and any other forms of financial assistance.) Government Entity If Yes:Identify Agency and Approval(s) Application Date Required (Actual or projected) a.City Counsel,Town Board, ®YesONo Town Board-Wetland Approval 4/30/21 or Village Board of Trustees b.City,Town or Village ®YesONo Town Planning Board-Site Plan Approval 4/30/21 Planning Board or Commission c.City,Town or ®Yes0N0 Town Zoning Board of Appeals-Special 9/15/20 Village Zoning Board of Appeals Exception Permitted Use d.Other local agencies OYesONO y e.County agencies ®Yes[:]No Dept of Health—ArLVI,VII,XII;Water Authority- TBD Fire/Water Connection;Planning Agency Review (f.Regional agencies ®Yes❑No LIPA PPA Approval;PSEGLI Interconnection TBD Agreement Approval g.State agencies ®YesONo NYSDEC Art.24 Permit;NYSDOT Curb Permit; TBD NYISO interconnection h.Federal agencies OYes[Z]No i. Coastal Resources. i. Is the project site within a Coastal Area,or the waterfront area of a Designated Inland Waterway? ®Yes ONo ii. Is the project site located in a community with an approved Local Waterfront Revitalisation Program? ®Yes0No iii. Is the project site within a Coastal Erosion Hazard Area? ®YesONo C.Planning and Zoning C.I.Planning and zoning actions. Will administrative or legislative adoption,dr amendment of a plan,local law,ordinance,rule or regulation be the DYes®No only,approval(s)which must be granted to enable the proposed action to proceed? • If Yes,complete sections C,F and G. • If No,proceed to,question C.2 and complete all remaining sections and questions in Part 1 C.2.Adopted land use plans. a.Do any municipally-adopted (city,town,village or county)comprehensive land use plan(s)include the site ®YesONo where the proposed action would be located? If Yes,does the comprehensive plan include specific recommendations for the site where the proposed action 0Yes0No would be located? b.Is the site of the proposed action within any local or regional special planning district(for example:Greenway; ®YesONo Brownfield Opportunity Area(BOA);designated State or Federal heritage area;watershed management plan; or other?) If Yes,identify the plan(s): LI North Shore Heritage Area c. Is the proposed action located wholly or partially within an area listed in an adopted municipal open space plan, E]Yes®No or an adopted municipal farmland protection plan? If Yes,identify the plan(s): Page 2 of 13 r DocuSign Envelope ID:2219DCAM7F5-41, kF9-DFODEB388A45 C.3. Zoning a. Is the site of the proposed action located in a municipality with an adopted zoning law or ordinance. ®Yes[]No If Yes,what is the zoning classification(s)including any applicable overlay district? Light Industrial(1-1) b. Is the use permitted or allowed by a special or conditional use permit? ®Yes[]No c.Is a zoning change requested as part of the proposed action? ❑Yes®No If Yes, i. What is the proposed new zoning for the site? CA.Existing community services. a.In what school district is the project site located? Greenport Union Free School District b.What police or other public protection forces serve the project site? Southold Police De artment c.Which fire protection and emergency medical services serve the project site? Greenport Fire Department d.What parks serve the project site? Fifth Street Beach&Park Greenport:Mitchel Park Marina Greenport"Inlet Pond County Park Greenport Triangle Park,Pecodc. D.Project Details D.I.Proposed and Potential Development a.What is the general nature of the proposed action(e.g.,residential,industrial,commercial,,recreational;ifmixed,inolude all components)?Light Industrial-Battery Energy Storage System connected to LIPA's 8J Southold Substation b.a.Total acreage of the site of the proposed action? 2.023 acres b.Total acreage to be physically disturbed? 1.53 acres c.Total acreage(project site•and any contiguous properties)owned or controlled by the applicant or project sponsor? 2.023-acres c.Is the proposed action an expansion of an existing prof ect or use? ❑Yes®No L If Yes,what is the approximatepercentage of the proposed expansion and-identify the units(e.g.,acres,miles,housing units, square feet)? % Units: ' d.Is the proposed action a subdivisiori,or does it include a subdivision? E]Yes ONo- If Yes, i.Purpose or type of subdivision?(e.g.,residential,industrial,commercial;if mixed,specify types) H. Is a cluster/conservation layout proposed? OYes Olo iii.Number of lots proposed? iv. Minimum and maximum proposed lot sizes? Minimum Maximum e.Will the proposed action be constructed in multiple phases? ❑Yes®No i. If No,anticipated period of construction: months fl. If Yes: • Total number of phases anticipated • Anticipated commencement date of phase 1 (including demolition) month year • Anticipated completion date of final phase month year • Generally describe connections or relationships among phases,including any contingencies where progress of one phase may determine timing or duration of future phases: Page 3 of 13 DocuSign Envelope ID:2219DCA5-07F5-4P AF9-DFODEB388A45 f.Does the project include new residential uses? - ❑Yes®No If Yes,show numbers of units proposed. » One Family Two Family Three Family Multiple Family four or more Initial Phase At completion W of all phases g.Does the proposed action include new non-residential construction(including expansions)? ®YesE]No If Yes, L Total number of structures See attached (dependent on final approved design) H. Dimensions(in feet)of largest proposed structure: 25.0'height; 10.0'width; and 40.9length M. Approximate extent of building space to be heated or cooled: 25,600 square feet h.Does the proposed action include construction or other activities that will result in the impoundment of any ❑Yes®No liquids,such as creation of a water supply,reservoir,pond,lake,waste lagoon,or other storage? If Yes, L Purpose of the impoundment:At present stormwater is expected to be managed via on site diffusion wells U. If a water impoundment,the principal source of the water: ❑Ground water❑Surface water streams Other specify: X. If other than water,identify the type of impounded/contained liquids and their source. iv. Approximate size of the proposed impoundment. Volume: million gallons;surface area: acres v.Dimensions of the proposed dam or impounding structure: height; _ length vi. Construction method/materials for the proposed dam or impounding structure(e.g.,earth fill,rock,wood,concrete): D.2. Project Operations a.Does the proposed action include any excavation,mining,or dredging,during construction,open ions,or both? E]Yes®IVo (Not including general site preparation,grading or installation of utilities or foundations where a7ccavated -materials will remain onsite) - , If Yes: i.-What is the purpose of the excavation or dredging? _ U.'How much material(including rock,earth,sediments,etc.)is'proposed•to be removed from the site? - a Volume(specify tons or cubic yards): 0 Over what duration of time? • iii.Describe nature and characteristics of materials to be excavated or dredged,and plans to use,manage or dispose of them. iv.Will there be onsite dewatering or processing of excavated materials? 'Yes No If yes,describe. v. What is the total area to be dredged or excavated? acres vi. What is the maximum area to be worked at any one time? acres, vii.What would be the maximum depth of excavation or dredging? feet viii. Will the excavation require blasting? []Yes[]No ix. Summarize site reclamation goals and plan: b.Would the proposed action cause or result in alteration of,increase or decrease in size of,or encroachment ®YesONo into any existing wetland,waterbody,shoreline,beach or adjacent area? If Yes: L Identify the wetland or waterbody which would be affected(by name,water index number,wetland map number or geographic description):The Project Site contains a portion of NYSDEC Wetland SO 35 and the associated 100-foot adjacent area As proposed the project will impact only adjacent area and remain at least 10'feet from the wetland itself per NYSDEG request. Page 4 of 13 DocuSign Envelope ID:2219DCA5A7F5-,`-- ,AAF9-DFODEB368A45 ii.Describe how the proposed l +n would affect that waterbody or wetland,e.g.1, .,ation,fill,placement of structures,or alteration of channels,banks and shorelines. Indicate extent of activities,alterations and,additions in square feet or acres: The Project will result in the development of an already cleared portion of the regulated 100-year adjacent area contiguous to the NYSDEC-delineated wetland in accordance with a NYSDEC Article 24 Permit to be obtained. Project will be sited at least 10 feet from - wetland itself per NYSDEC request. t iii.Will the proposed action cause or result in disturbance to bottom sediments? ❑Yes®No If Yes,describe: iv. Will the proposed action cause or result in the destruction or removal of aquatic vegetation? ❑Yes®No If Yes: ��� • acres of aquatic vegetation proposed to be removed: • expected acreage of aquatic vegetation remaining after project completion: • purpose of proposed removal(e.g.beach clearing,invasive species control,boat access): • proposed method of plant removal: if chemical/herbicide treatment will be used,specify product(s): v.Describe any proposed reclamation/mitigation following disturbance: c.Will the proposed action use,or create a new demand for water? [-]Yes®No If Yes: L Total anticipated water usage/demand per day: gallons/day H. Will the proposed action obtain water from an existing public water supply? - ❑Yes❑No If Yes: • Name of district or service area: • Does the existing public water supply have capacity to serve the proposal? ❑Yes❑No • Is the project site in the existing district? ❑Yes❑No • Is expansion of the district needed? ❑Yes❑No • Do existing lines serve the project site? ❑Yes❑No iii. Will line extension within an existing district be necessary to supply the project? ❑ 0l Yes o If Yes: • Describe extensionsor capacity'expansions°proposed to serve this project: • Source(s)of supply for the district: iv. Is a new water-supply district or'service area-proposed to be formed to serve the project site? ❑Yes❑No If,Yes: • Applicant/sponsor for new district: • Date application submitted or anticipated: • Proposed source(s)of supply for new district: v. If a public water supply will not be used,describe plans to provide water supply for-the project: vi.If water supply will be from wells(public or private),what is the maximum pumping capacity: gallons/minute. d.Will the proposed action generate liquid wastes? ❑Yes®No If Yes: L Total anticipated liquid waste generation per day: gallons/day ii.Nature of liquid wastes to be generated(e.g.,sanitary wastewater,industrial;if combination,describe all components and approximate volumes or proportions of each): iii. Will the proposed action use any existing public wastewater treatment facilities? ❑Yes❑No If Yes: • Name of wastewater treatment plant to be used: • Name ofdistrict: • Does the existing wastewater treatment plant have capacity to serve the project? ❑Yes❑No • Is the project site in the existing district? ❑Yes[]No • Is expansion of the district needed? ❑Yes❑No Page 5 of 13 DocuSign Envelope ID:2219DCA5-07F54!'r w \F9-DFODEB388A45 • Do existing sewer lines serve the project site? []Yes[]No • Will a line extension within an existing district be necessary to serve the project? ❑Yes❑No If Yes: • Describe extensions or capacity expansions proposed to serve this project: 4, 14 IZZ iv. Will a new wastewater(sewage)treatment district be formed to serve the project site? ❑Yes❑No If Yes: • Applicant/sponsor for new district: • Date application submitted or anticipated: • What is the receiving water for the wastewater discharge? v. If public facilities will not be used,describe plans to provide wastewater treatment for the project,including specifying proposed receiving water(name and classification if surface discharge or describe subsurface disposal plans): vi.Describe any plans or designs to capture,recycle or reuse liquid waste: e.Will the proposed action disturb more than one acre and create stormwater runoff,either from new point ®Yes❑No sources(i.e.ditches,pipes,swales,curbs,gutters or other concentrated flows of stormwater)or non-point source(i.e.sheet flow)during construction or post construction? IfYes: i.How much impervious surface will the project create in relation to total size of project parcel? Square feet or 0.970 acres(impervious surface) Square feet or 2.07 acres(parcel size) U.Describe types of new point sources.Engineered and constructed Swales collecting and directing on-Site stormwater to on-Site subsurface Diffusion Wells. iii.Where will the-stormwater runoff be directed(i.e.on-site stormwater management facility/structures,,adjacent properties, groundwater,on-site surface water or off-site surface waters)? Stormwatergenerated within the Project's developed area will be directed to on-Site Groundwater via new subsurface diffusion wells.Stormwater generated with the existing to-remain undeveloped area will continued to naturally flow to existing on-Site Surface Waters(Wetland and-or Pond). • If to surface waters,identify receiving water bodies'.or wetlands: • Will stormwater runoff flow to adjacent properties? ❑YesONo iv.Does the proposed plan minimize impervious surfaces,use pervious materials or collect and re-use stormwater? ®Yes❑No f. Does the proposed action include,or will it use ori-site,one or more sources of air emissions,including fuel ❑Yes®No combustion,waste incineration,or other processes or operations? IfYes,identify: L Mobile sources during project operations(e.g.,heavy equipment,fleet or delivery vehicles) ii. Stationary sources during construction(e.g.,power generation,structural heating,batch plant,crushers) iii. Stationary sources during operations(e.g.,process emissions,large boilers,electric generation) g.Will any air emission sources named in D.2.f(above),require a NY State Air Registration,Air Facility Permit, ❑Yes ONo or Federal Clean Air Act Title IV or Title V Permit? If Yes: L Is the project site located in an Air quality non-attainment area? (Area routinely or periodically fails to meet ❑Yes❑No ambient air quality standards for all or some parts of the year) ii. In addition to emissions as calculated,in the application,the project will generate: • Tons/year(short tons)of Carbon Dioxide(CO2) • Tons/year(short tons)of Nitrous Oxide(N2O) • Tons/year(short tons)of Perfluorocarbons(PFCs) • Tons/year(short tons)of Sulfur Hexafluoride(SF6) • Tons/year(short tons)of Carbon Dioxide equivalent of Hydroflourocarbons(HFCs) " Tons/year(short tons)of Hazardous Air Pollutants(HAPs) Page 6 of 13 DocuSign Envelope ID:2219DCA5-07F5• _ AAF9-DF0DEB388A45 ' h.Will the proposed action genf'X 4 emit methane(including,but not limited to, ;e treatment plants, ❑Yes®No landfills,composting facilities)? _ If Yes: L Estimate methane generation in tons/year(metric): , ii.Describe any methane capture,control or elimination measures included in project design(e.g.,'cbmbustion to generate heat or electricity,flaring): i.Will the proposed action result in the release of air pollutants from open-air operations or processes,such as ❑Yes®No quarry or landfill operations? If Yes:Describe operations and nature of emissions(e.g.,diesel exhaust,rock particulates/dust): j.Will the proposed action result in a substantial increase in traffic above present levels or generate substantial ❑Yes®No new demand for transportation facilities or services? If Yes: L When is the peak traffic expected(Check all that apply): ❑Morning ❑Evening ❑Weekend ❑Randomly between hours of to ii. For commercial activities only,projected number of truck trips/day and type(e.g.,semi trailers and dump trucks): X.Parking spaces: Existing Proposed Net increase/decrease iv.Does the proposed action include any shared use parking? []Yes ONo v If the proposed action includes any modification of existing roads,creation of new roads or change in existing access,describe: vi. Are publi�/private transportation service(s)or facilities available within%z mile of the proposed site? ❑Yes❑No Vii Will the proposed action include access to public transportation or accommodations for use of hybrid,electric ❑Yes❑No or.other alternative fueled vehicles? /` viii.Will the proposed action-include plans for pedestrian or bicycle accommodations for connections to existing ❑Yes❑No pedestrian or bicycle routes? k:`Will the proposed,aetion(for commercial or industrial projects only)-generate new or additional demand= '. ❑YesoNo .for energy? *The Project will'not result in additional demand for electricity.The Project will draw and,discharge-electricity from/to LIPA's If Yes: 8J Southold Substation. L Estimate annual electricity demand during operation of the proposed action: ii.Anticipated sources/suppliers of electricity for the project(e.&,on-site combustion,on-site'renewable,via grid/local utility;or other):. iii.Will the proposed action require a new,or an upgrade,to an existing substation? ❑Yes❑No 1.Hours of operation. Answer all items which apply. i.During Construction: ii. During Operations: • Monday-Friday: 7:00am to 6:OOpm • Monday-Friday: 24 hours/day,7 days/week • Saturday: None Planned* • Saturday: 24 hours/day,7 days/week Sunday: None Planned* • Sunday: 24 hours/day,7 days/week • Holidays: None Planned* • Holidays: 24 hours/day,7 days/week *Unless special circumstances arise to support construction. Applicant would request approval from the Town in advance Page 7 of 13 DocuSign Envelope ID:2219DCA5-07F5-' `,kAF9-DFODEB388A45 m.Will the proposed action pro(!, _ Aoise that will exceed existing ambient noise le _ uring construction, Yes❑No operation,or both? If yes: i. Provide details including sources,time of day and duration: Construction noise will be temporary,localized and limited to the hours of construction Predicted noise levels from Project operation(transformers/HVAC systems)are not expected to exceed the Town's Noise Code§180-6 and the Project will provide predicted sound modeling analysis once completed. ii. Will the proposed action remove existing natural barriers that could act as a,noise barrier or screen? ❑Yes�No Describe:Existing roadside natural barribr of mature deciduous trees will be enhanced with added evergreens. n.Will the proposed action have outdoor lighting? OYes❑No If yes: i.Describe source(s),location(s),height of fixture(s),direction/aim,and proximity to nearest occupied structures: Dark-s��compliant security factures will be installed within the Project Site The lighting system will only activate during an emergency or security threat. ii. Will proposed action remove existing natural barriers that could act as a light barrier or screen? ❑YesONo Describe:Existing roadside natural barrier of mature deciduous trees will be enhanced with added evergreens. o.Does the proposed action have the potential to produce odors for more than one hour per day? ❑Yes ONo If Yes,describe possible sources,potential frequency and duration of odor emissions,and proximity to nearest occupied structures: p.Will the proposed action include any bulk storage of petroleum(combined capacity of over 1,100 gallons) ❑YesONo or chemical products 185 gallons in above ground storage or any amount in underground storage? If Yes: L Product(s)to be stored H.Volume(s) per unit time (e.g.,month,year) iii_Generally,describe the proposed storage facilities: q.Will the proposed actiob(commercial,industrial and recreational projects only)use pesticides(i.e.,herbicides, ❑Yes ®No insecticides)during construction or operation? If Yes: L Describe proposed treatment(s): ii. Will the proposed action use Integrated Pest Management Practices? ❑Yes ❑No r.Will the proposed action(commercial or industrial projects only)involve or require the management or disposal 0 Yes []NO of solid waste(excluding hazardous materials)? If Yes: i.Describe any,solid waste(s)to be generated during construction or operation of the facility: ` • Construction: Equipment shipping wrap tons per UnknownfrBD(unit of time) • Operation None expected tons per (unit oftime) U. Describe any proposals for on-site minimization,recycling or reuse of materials to avoid disposal as,solid waste: •" Construction:The Project's Construction Contractor will be responsible for proper management and disposal of any/all solid waste generated during construction. Pill constra 9 managed in accordance with,all applicable regulatury requiremerflS. • Operation: Solid waste is not expected to be generated during operations Batteries will be recycled at the end of their useful life at an appropriately licensed facility. X. Proposed disposal methods/facilities for solid waste generated on-site: • Construction:The Project's Construction Contractor will be responsible for proper management and disposal of any/all solid waste generated during construction. All construction wastes will be managed in accordance with all applicable regulatory requirements. • Operation: Solid waste is not expected to be generated during operations Batteries will be recycled at the end of their useful life at an appropriately licensed facility. Page 8 of 13 DocuSign Envelope ID:2219DCA5-07F5A _ `AF9-DFODEB388A45 s.Does the proposed action include construction or modification of a solid waste management facility? T ❑Yes®No If Yes: L Type of management or handling of waste proposed for the site(e.g.,recycling or transfer station,composting,landfill,or other disposal¢activities): =- ii. Anticipated rate of disposal/processing: • Tons/month,if transferor other non-combustion/thermal treatment,or • Tons/hour,if combustion or thermal treatment iii. If landfill,anticipated site life: years _ t.Will the proposed action at the site involve the commercial generation,treatment,storage,or disposal of hazardous❑Yes®No waste? If Yes: L Name(s)of all hazardous wastes or constituents to be generated,handled or managed at facility: H. Generally describe processes or activities involving hazardous wastes or constituents: iff.Specify amount to be handled or generated tons/month iv. Describe any proposals for on-site minimization,recycling or reuse of hazardous constituents: V.Will any hazardous wastes be disposed at an existing offsite hazardous waste facility? Yes No If Yes:provide name and location of facility: If No:describe proposed management of any hazardous wastes which will not be sent to a hazardous waste facility: E.Site and'Setting of Proposed Action E.1.Land uses on and surrounding the project site \ a.Existing land uses. f.Check all uses that occur on,adjoining and near the project site. ❑ Urban ® Industrial ® Commercial ' ® Residential(suburban) ®Rural(non-farm) ®,Forest ® Agriculture ® Aquatic ❑ Other(specify): if. ,If mix of uses,generally describe: b.Land uses and covertypes on"the project site. Land use or Current Acreage After Change- Covertype Acreage Project Completion (Acres+/-) • Roads,buildings,and other paved or impervious 0.151 0.970 +0.818 surfaces • Forested 0.354 0:168 -0.186 • Meadows,grasslands or brushlands(non- 1.410 0.777 -0.632 agricultural,including abandoned agricultural) • Agricultural 0.00 0.00 0.00 (includes active orchards,field,greenhouse etc.) • Surface water features 0.00 0.00 0.00 (lakes,ponds,streams,rivers,etc.) • Wetlands(freshwater or tidal) 0.108 0.108 0.00 • Non-vegetated(bare rock,earth or fill) 0.00 0/00 0.00 • Other Describe: 0.00 0.00 0.00 Page 9 of 13 DocuSign Envelope ID:221913CA5-07H5 ' �AF9-13FODEBWA45 ! _ c.Is the project site presently used ny members of the community for public_recreation!f ❑Yes®No L If Yes:explain: _ d.Are there any facilities serving children,the elderly,people with-disabilities(e.g.,schools,hospitals,licensed ❑Yes®No " day care centers,or group homes)within 1500 feet of the prcject=site?- IfYes, L Identify Facilities: b`�✓�/� e.Does the project site contain an existing dam? ❑Yes®No If Yes: L Dimensions of the dam and impoundment: • Dam height: feet • Dam length: feet • Surface area: acres • Volume impounded: gallons OR acre-feet ii. Dam's existing hazard classification: iii.Provide date and summarize results of last inspection: f.Has the project site ever been used as a municipal,commercial or industrial solid waste management facility, ❑Yes®No or does the project site adjoin property which is now,or was at one time,used as a solid waste management facility? If Yes: L Has the facility been formally closed? ❑Yes❑No • If yes,cite sources/documentation: ii. Describe the location of the project site relative to the boundaries of the solid waste management facility: iii.Describe any development constraints due to the prior solid waste activities: g.Have hazardous wastes been generated,treated and/or disposed of at the site;or'does the project site adjoin ❑Yes®No property which is now or was at one time used to commercially treat,store and/or dispose of hazardous waste? If Yes: i.Describe waste(s)handled and waste management activities,including approximate time when activities occurred: h. Potential contamination history. Has there been,a reported spill at the proposed project site,or have any ❑Yes®No remedial actions been conducted at or adjacent to the proposed site? If Yes: L Is any portion of the site listed on the NYSDEC Spills Incidents database or Environmental Site ❑Yes❑No Remediation database? Check all that apply: ❑ Yes—Spills Incidents database Provide DEC ID number(s): ❑ Yes—Environmental Site Remediation database Provide DEC ID number(s): ❑ Neither database ii. If site has been subject of RCRA corrective activities,describe control measures: iii. Is the project within 2000 feet of any site in the NYSDEC Environmental Site Remediation database? ❑Yes®No If yes,provide DEC ID number(s): iv. If yes to(i),(ii)or(iii)above,describe current status of site(s): Page 10 of 13 DocuSign Envelope ID:2219DCA5-07FS. AAF9-DFODEB388A45 v Is the project site-subject to an institutional control limiting property uses? []Ye_s®No • If yes,DEC site ID number: • Describe the type of institutional control(e.g.,deed restriction or easement): • Describe any use=limitations: V --�- • Describe any engineering controls: • Will the project affect the institutional or engineering controls in place? ❑Yes❑No • Explain: E.2. Natural Resources On or Near Project Site a.What is the average depth to bedrock on the project site? -'500 feet b.Are there bedrock outcroppings on the project site? ❑Yes®No If Yes,what proportion of the site is comprised of bedrock outcroppings? % c.Predominant soil type(s)present on project site: Ca(Candice Silt Loam) 94 Ha(Haven Loam) 6% d.What is the average depth to the water table on the project site? Average: 2-3 feet e.Drainage status of project site soils:❑ Well Drained: %of site ❑ Moderately Well Drained: %of site ® Poorly Drained 100%of site f.Approximate proportion of proposed action site with slopes: ® 0-10%: 100 %of site ❑ 10-15%: %of site ❑ 15%or greater: %of site g.Are there any unique geologic features on the project site? ❑Yes®No If Yes,describe: h.Surface water features. i.Does any portion ofthe project site contain wetlands or other waterbodies(including streams,rivers, ®Yes❑No ponds or lakes)? ii.Do any wetlands or other waterbodies adjoin the project site? OYes❑No If Yes to either i or ii,continue. If No,skip to.E.21. iii. Are any of the wetlands or waterbodies within or adjoining the project site regulated by any federal, ®Yes❑No state or local agency? iv.For each identified regulated wetland and waterbody on the project site,provide the following information: W Streams: Name Classification • Lakes or Ponds: Name Classification • Wetlands: Name Federal/NYSDEC identified wetlands Approximate Size 0.39 acres/1.4 acres • Wetland No.(if regulated by DEC) SO-35 v. Are any of the above water bodies listed in the most recent compilation of NYS water quality-impaired ❑Yes 04o waterbodies? If yes,name of impaired water body/bodies and basis for listing as impaired: i.Is the project site in a designated Floodway? ❑Yes®No j.Is the project site in the 100-year Floodplain? ❑Yesolo k.Is the project site in the 500-year Floodplain? ®Yes❑No 1.Is the project site located over,or immediately adjoining,a primary,principal or sole source aquifer? ®Yes❑No If Yes: i.Name of aquifer:Nassau-Suffolk Sole Source Aqu fer(SSA) Page I 1 of 13 DocuSign Envelope ID:2219DCA5-07F5-� AF9-DF0DEl3388A45 in. Identify the predominant wndmu species that occupy or use the project site: Deer Rabbit __ Turkey n� Squirrel .Grouse Morning Dove Fox Eagle Osprey n.Does the project site contain a designated significant natural community? —� ❑Yes[Z]No If Yes: i.Describe the habitat/community(composition,function,and basis for designation): Two natural communities are located in the vicinity of the Project Site-Coastal Oak Hickory Forest Red Maple-Swamp White Oak Swamp(01 miles) ii. Source(s)of description or evaluation: NYNHP response(attached) W.Extent of community/habitat: • Currently: 0 acres • Following completion of project as proposed: 0 acres •-' Gain or loss(indicate-+-or-): 0 acres o.Does project site contain any species of plant or animal that is listed by the federal government or NYS as ®Yes❑No endangered or threatened,or does it contain any areas identified as habitat for an endangered or threatened species? If Yes: L Species and listing(endangered or threatened): v Based on a review of the NYSDEC Environmental Mapper and EAF Mapper,the Site is within the vicinity of RT&E species The Applicant has received the attached NYNHP review letter regarding species known to occur on or near the Project Site and is in the process of reviewing listed species and submitting for DFQ.review to ba sure RT&F specec will not be impacted through-site design rr SnondPnce will ha provided once enncurrence is rec p. Does theproject site contain any species of plant or animal that is listed by NYS as rare,or as a species of ®Yes❑No special concern? If Yes: i. Species and listing: See above and attached regarding map RTBE species within the vicinity of the project. q.Is the project site or adjoining area currently used for hunting,trapping,fishing or shell fishing? 0Yes0No If yes,give a brief description of how the proposed action may affect that use: E.3. Designated Public Resources On,or'Near Project Site a.Is the project site,or any portion of it,located in a designated'agricultural district certified pursuant to []Yes®No Agriculture and Markets Law,Article 25-AA,Section 303 and 304? If Yes, provide county plus district name/number: b.Are agricultural lands consisting of highly productive soils present? ❑Yes,ONo i.If Yes:acreage(s)on project site? ii. Source(s)of soil rating(s): c. Does the project site contain all or part of,or is it substantially contiguous to,a registered National ❑Yes®No Natural Landmark? If Yes: i. Nature of the natural landmark: ❑Biological'Community ❑ Geological Feature" U. Provide brief description of landmark,including values behind designation and approximate size/extent: d.Is the project site located in or does it adjoin a state listed Critical Environmental Area? ❑Yes®No If Yes: i. CEA name: H.Basis for designation: W.Designating agency and date: Page 12 of 13 DocuSign Envelope ID:2219DCA5-07F5J'-- J,AAF9-DF0DE13388A45 e.Does the project site contain, it substantially contiguous to,a building,archi tical site,or district ❑Yes®No which is listed on the National or State Register of Historic Places,or that has been determined by the Commissioner of the NYS_ Office of Parks,Recreation and Historic Preservation to be eligible for listing on the State Register of Historic Places? If Yes: i.Nature of historic/archaeological-resource: ❑Archaeological Site ❑Historic Building or District3 -w= ii.Name: ifi.Brief description of attributes on which listing is based: Project has received a"No Impact"determination from ORHP(see attached) f.Is the project site,or any portion of it,located in or adjacent to an area designated as sensitive for ❑Yes®No archaeological sites on the NY State Historic Preservation Office(SHPO)archaeological site inventory? g.Have additional archaeological or historic site(s)or resources been identified on the project site? ❑Yes®No If Yes: i.Describe possible resource(s):Project has received-a"No Impact"determination from ORHP(see attached) , ff. Basis for identification: h.Is the project site within fives miles of any officially designated and publicly accessible federal,state,or local ®Yes❑No scenic or aesthetic resource? If Yes: i.Identify resource: Elizabeth X Morton National Wildlife Refuge;Inlet Pond County Park;Cedar Point Count Park;Orient Point County Park. ff.Nature of,or basis for,designation(e.g.,established highway overlook,state or local park,state historic trail or scenic byway, etc.):National Wildlife Refuge and County Parks iii.Distance between project and resource: All are less than 5 miles. -i. Is the project site located within a designated river corridor under the Wild,Scenic and Recreational Rivets ❑Yes®No Program 6 NYCRR 666? If Yes: L Identify the name of the river and its designation: ii.-Is the activity consistent with development restrictions contained in 6NYCRR Part 666? []Yes[]No F.Additional Information Attach any additional information which may be needed to clarify your project. If you have identified any adverse impacts which could be associated with your-proposal,please describe those impacts plus any -measures which you propose to avoid or•ininimize them. G. Verification I certify that the information provided is true to the best of my knowledge. Applicant/Sponsor Name Suffolk County Energy Storage II,LLC Date 9/28/2020 Signature Title Authorized person Signature -Title Authorized person PRINT FORMA Page 13 of 13 Agency Use Only[If applicable] Cull Environmental Assessment Form Pro)ect: ISUFFOLK COUNTY ENERGY STORAG Part 2-Identification of Potential Project Impacts Date: March 1,2021 Part 2 is to be completed by the lead agency. Part 2 is designed to help the lead agency inventory all potential resources that could be affected by a proposed project or action. We recognize that the lead agency's reviewer(s)will not necessarily be environmental professionals. So,the questions are designed to walk a reviewer through the assessment process by providing a series of questions that can be answered using the information found in Part 1. To further assist the lead agency in completing Part 2,the form identifies the most relevant questions in Part 1 that will provide the information needed to answer the Part 2 question. When Part 2 is completed,the lead agency will have identified the relevant environmental areas that may be impacted by the proposed activity. If the lead agency is a state agency and the action is in any Coastal Area,complete the Coastal Assessment Form before proceeding with this assessment. _�__ Tips for completing Part 2: FMARR EIVED • Review all of the information provided in Part 1. • Review any application,maps,supporting materials and the Full EAF Workbook. 0'3 2021 • Answer each of the 18 questions in Part 2. j • If you answer"Yes"to a numbered question,please complete all the questions that follow in 1hat section. • If you answer"No"to a numbered question,move on to the next numbered question. Zoning Board Of Appeals • Check appropriate column to indicate the anticipated size of the impact. "_ • Proposed projects that would exceed a numeric threshold contained in a question should result in the reviewing agency checking the box"Moderate to large impact may occur." • The reviewer is not expected to be an expert in environmental analysis. • If you are not sure or undecided about the size of an impact,it may help to review the sub-questions for the general question and consult the workbook. • When answering a question consider all components of the proposed activity,that is,the"whole action". • Consider the possibility for long-term and cumulative impacts as well as direct impacts. • Answer the question in a reasonable manner considering the scale and context of the project. 1. Impact on Land Proposed action may involve construction on,or physical alteration of, ❑NO ®YES the land surface of the proposed site. (See Part 1.D.1) I "Yes", answer questions a J. I "No", move on to Section 2. Relevant No,or Moderate Part I small to large <, , ;°„ Question(s) impact impact may - t,r'3� - ��w. �..t,.�.;,w 4-:".�,;�^,Y. "t:7k�'`k"'_^a<gara. _ - <�... ,; t "ry,, :n" 4 ;. may occur occur a.The proposed action may involve construction on land where depth to water table is E2d ® ❑ less than 3 feet. b.The proposed action may involve construction on slopes of 15%or greater, E2f ❑ ❑ c.The proposed action may involve construction on land where bedrock is exposed,or E2a ® ❑ generally within 5 feet of existing ground surface. d.The proposed action may involve the excavation and removal of more than 1,000 tons D2a ❑ ❑ of natural material. e.The proposed action may involve construction that continues for more than one year Dle ❑ ❑ or in multiple phases. f.The proposed action may result in increased erosion,whether from physical D2e,D2q ® ❑ disturbance or vegetation removal(including from treatment by herbicides). g.The proposed action is,or may be,located within a Coastal Erosion hazard area, B li ❑ ❑ h.Other impacts:The parcel is located within a expansive soil hazard area identified by Suffolk ® ❑ County Soils are poorly drained Flooding threats. Page 1 of 10 FEAF 2019 2. Impact on Geological Features The proposed action may result in the modification or destruction of, or inhibit access to, any unique or unusual land forms on the site(e.g.,cliffs,dunes, ®NO ❑YES minerals,fossils, caves). (See Part 1.E.2.g) I "Yes", answer questions a-c. I "No", move on to Section 3. Relevant No,or Moderate A�`rry;r.,i .^"'°,w ``�•' -�'i.,x- 'z'}, -< Part I small to large t'Y��'y'};jet` •^w¢rt `rs, �6�Y4ry�y° 'r` Question(s) impact impact may may occur occur a.Identify the specific land form(s)attached: MAR 3 2021 Egg ❑ ❑ Zefiffing BE) b.The proposed action may affect or is adjacen to a geological ea ure is a as a E3c ❑ ❑ registered National Natural Landmark. Specific feature: c. Other impacts: ❑ ❑ 3. Impacts on Surface Water The proposed action may affect one or more wetlands or other surface water ❑NO OYES bodies(e.g., streams,rivers,ponds or lakes). (See Part 1.D.2,E.21) I "Yes", answer questions a-1. I "No", move on to Section 4. '" "� "° " Relevant No or Moderate x :t*� .. e_ §" ,r P t •G,v''' '+,i ;e's `�� nr^\4"�tahFN. 7 .lt"nA" - „_ '.U�.pi^ k-'i•m- ,.2�"a' 'C^riq` 'X'.'+� "i+'j,d - A e'S'x 7e S x - �' e Part I small to lar g nf,,'�� - w r ` '' `� xk: �= �aM:w, ' r .� Question(s) impact impact may _ ;;=�� '^�j; may occur occur a.The proposed action may create a new water body. D2b,Dlh ❑ ❑ b.The proposed action may result in an increase or decrease of over 10%or more than a D2b ❑ ❑ 10 acre increase or decrease in the surface area of any body of water. c.The proposed action may involve dredging more than 100 cubic yards of material D2a ❑ ❑ from a wetland or water body. d.The proposed action may involve construction within or adjoining a freshwater or E2h ® ❑ tidal wetland,or in the bed or banks of any other water body. e.The proposed action may create turbidity in a waterbody,either from upland erosion, D2a,D2h ® ❑ runoff or by disturbing bottom sediments. f.The proposed action may include construction of one or more intake(s)for withdrawal D2c ❑ ❑ of water from surface water. g.The proposed action may include construction of one or more outfall(s)for discharge D2d ❑ ❑ of wastewater to surface water(s). h.The proposed action may cause soil erosion,or otherwise create a source of D2e ® ❑ stormwater discharge that may lead to siltation or other degradation of receiving water bodies. i.The proposed action may affect the water quality of any water bodies within or E2h ® ❑ downstream of the site of the proposed action. j.The proposed action may involve the application of pesticides or herbicides in or D2q,E2h ® ❑ around any water body. k.The proposed action may require the construction of new,or expansion of existing, Dla,D2d ❑ ❑ wastewater treatment facilities. Page 2 of 10 1.Other impacts:soils are poorly drained. Challenges to controlling surface runoff ® ❑ 4. Impact on groundwater The proposed action may result in new or additional use of ground water, or [-]NO ZYES may have the potential to introduce contaminants to ground water or an aquifer. (See Part 1.D.2.a,D.2.c,D.2.d,D.2.p,D. If"Yes", answer questions a-h. If"No", ove on REMED5. Relevant No,or Moderate Part I small to large �AR °='� 2021` Question(s) impact impact may �wA` r"��� "t',. �;{, ', aft - ��'"F.Y� .`�'��<<.:'r•;A„'x,a .; +:�:. -,s+� 's .u. ,rM1;- may occur occur a.The proposed action may require new water sup } 199@9)B9A5d9L 6 and D2c ❑ ❑ on supplies from existing water supply wells. b.Water supply demand from the proposed action may exceed safe and sustainable D2c ❑ ❑ withdrawal capacity rate of the local supply or aquifer. Cite Source: c.The proposed action may allow or result in residential uses in areas without water and Dla,D2c ❑ ❑ sewer services. d.The proposed action may include or require wastewater discharged to groundwater. D2d,E21 ❑ e.The proposed action may result in the construction of water supply wells in locations D2c,Elf, ❑ ❑ where groundwater is,or is suspected to be,contaminated. Elg,Elh f.The proposed action may require the bulk storage of petroleum or chemical products D2p,E21 ❑ ❑ over ground water or an aquifer. g.The proposed action may involve the commercial application of pesticides within 100 E2h,D2q, ® ❑ feet of potable drinking water or irrigation sources. E21,D2c h. Other impacts: ❑ ❑ 5. Impact on Flooding The proposed action may result in development on lands subject to flooding. ❑NO OYES (See Part 1.E.2) I "Yes”, answer questions a-g, I "No", move on to Section 6. Relevant No,or Moderate Part I small to large Question(s) impact impact may _'_'�`'ad aG ri�,i% }$. q•tA^ M an ' ,k�x4 lY��''3 ,trk`$, - may occur occur a.The proposed action may result in development in a designated floodway. E2i ® ❑ b.The proposed action may result in development within a 100 year floodplain. E2j ® ❑ c.The proposed action may result in development within a 500 year floodplain. Elk ® ❑ d.The proposed action may result in,or require,modification of existing drainage D2b,D2e ® ❑ patterns. e.The proposed action may change flood water flows that contribute to flooding. D2b,E2i, ® ❑ E2',E2k f.If there is a dam located on the site of the proposed action,is the dam in need of repair, Ele ❑ ❑ or upgrade? Page 3 of 10 g.Other impacts:Soils on site are poorly draineu,nigh groundwater conditions and seasonally flood ® ❑ 6. Impacts on Air The proposed action may include a state regulated air emission source. ZNO ❑YES (See Part 1.D.2.f.,D.21,D.2.g) If"Yes", answer questions a-f If"No", move on to Section 7. Relevant No or Moderate Part I small to large Question(s) impact impact may may occur occur a.If the proposed action requires federal or state air emission permits,the action may also emit one or more greenhouse gases at or above the following levels: i. More than 1000 tons/year of carbon dioxide(CO2) D2g ❑ ❑ ii. More than 3.5 tons/year of nitrous oxide(N20) D2g iii.More than 1000 tons/year of carbon equivalent of perfluorocarbons(PFCs) D2g iv.More than.045 tons/year of sulfur hexafluoride(SF6) D2g ❑ ° v. More than 1000 tons/year of carbon dioxide equivalent of D2g hydrochloroflourocarbons(EFCs)emissions vi.43 tons/year or more of methane D2h b.The proposed action may generate 10 tons/year or more of any one designated D2g ❑ ❑ hazardous air pollutant,or 25 to_ns/year or more of any combination of such hazardous air pollutants. c.The proposed action may require a state air registration,or may produce an emissions D2f,D2g ❑ ❑ rate of total contaminants that may exceed 5 lbs.per hour,or may include a heat source capable of producing more than 10 million BTU's per hour. d.The proposed action may reach 50%of any of the thresholds in"a"through"c", D2g ❑ ❑ above. e.The proposed action may result in the combustion or thermal treatment of more than 1 D2s ❑ ❑ ton of refuse per hour. f.Other impacts: 7. Impact on Plants and Animals The proposed action may result in a loss of flora or fauna. (See Part 1.E.2.m.-q.) [:]NO ®YES I "Yes", answer questions a- '. I "No", move on to Section 8. % =` Relevant No,or Moderate Part I small to large Question(s) impact impact may may occur occur a.The proposed action may cause reduction in population or loss of individuals of any Ego ® ❑ threatened or endangered species,as listed by New York State or the Federal government,that use the site,or are found on,over,or near the site. b.The proposed action may result in a reduction or degradation of any habitat used by E2o ® ❑ any rare,threatened or endangered species,as listed by New York State or the federal government. c.The proposed action may cause reduction in population,or loss of individuals,of any E2p ® ❑ species of special concern or conservation need,as listed by New York State or the Federal government,that use the site,or are found on,over,or near the site. d.The proposed action may result in a reduction or degradation of any habitat used by E2p ® ❑ any species of special concern and conservation need,as listed by New York State or the Federal government. Page 4 of 10 � MAR ® 3 2021 Zoning Board Of Appeals I � lq l e.The proposed action may diminish the capacity of a registered National Natural E3c ❑ ❑ Landmark to support the biological community it was established to protect. f.The proposed action may result in the removal of,or ground disturbance in,any E2n ® ❑ portion of a designated significant natural community. Source: g.The proposed action may substantially interfere with nesting/breeding,foraging,or E2m ® ❑ over-wintering habitat for the predominant species that occupy or use the project site. h.The proposed action requires the conversion of more than 10 acres of forest, Elb ° ° grassland or any other regionally or locally important habitat. Habitat type&information source: i.Proposed action(commercial,industrial or recreational projects,only)involves use of D2q ® ❑ herbicides or pesticides. j.Other impacts: ® ❑ 8. Impact on Agricultural Resources The proposed action may impact agricultural resources. (See Part 1. E.3.a. and b.) WINO ❑YES I "Yes", answer questions a-h. I "No", move on to Section 9. Relevant No,or Moderate Part I small to large Question(s) impact impact may may occur occur a.The proposed action may impact soil classified within soil group 1 through 4 of the Etc,E3b ❑ ❑ NYS Land Classification System. b.The proposed action may sever,cross or otherwise limit access to agricultural land Ela,Elb ❑ ❑ (includes cropland,hayfields,pasture,vineyard,orchard,etc). c.The proposed action may result in the excavation or compaction of the soil profile of E3b ❑ ❑ active agricultural land. d.The proposed action may irreversibly convert agricultural land to non-agricultural Elb,E3a ❑ ❑ uses,either more than 2.5 acres if located in an Agricultural District,or more than 10 acres if not within an Agricultural District. e.The proposed action may disrupt or prevent installation of an agricultural land El a,Elb ❑ ❑ management system. f.The proposed action may result,directly or indirectly,in increased development C2c,C3, ❑ ❑ potential or pressure on farmland. 132c,D2d g.The proposed project is not consistent with the adopted municipal Farmland C2c ❑ ❑ Protection Plan. Fh.Other impacts: ° ° REMO -7 (o 3 s'6 MAR 3 2029 Zoning Board Of Appeals Page 5 of 10 9. Impact on Aesthetic Resources The land use of the proposed action are obviously different from, or are in NO OYES sharp contrast to,current land use patterns between the proposed project and a scenic or aesthetic resource. (Part 1.E.La,E.Lb,E.3.h.) I "Yes", answer questions a-g. I "No", o to Section 10. Relevant No,or Moderate Part I small to large Question(s) impact impact may may occur occur a.Proposed action may be visible from any officially designated federal,state,or local E3h ® ❑ scenic or aesthetic resource. b.The proposed action may result in the obstruction,elimination or significant E3h,C2b ® ❑ screening of one or more officially designated scenic views. c.The proposed action may be visible from publicly accessible vantage points: E3h i. Seasonally(e.g.,screened by summer foliage,but visible during other seasons) ® ❑ ii.Year round ® ❑ d.The situation or activity in which viewers are engaged while viewing the proposed E3h action is: E2q, i. Routine travel by residents,including travel to and from work ® ❑ ii.Recreational or tourism based activities Elc ® ❑ e.The proposed action may cause a diminishment of the public enjoyment and E3h ® ❑ appreciation of the designated aesthetic resource. f There are similar projects visible within the following distance of the proposed Dla,Ela, ® ❑ project: Dlf,Dlg 0-1/2 mile '/2-3 mile REE ME® 3-5 mile 5+ mile IVIAK UO3 2021 g.Other impacts: ❑ ❑ 10. Impact on Historic and Archeological Resources The proposed action may occur in or adjacent to a historic or archaeological ©NO []YES resource. (Part 1.E.3.e, f. and g.) If"Yes", answer questions a-e. If"No", go to Section 11. Relevant No,or Moderate Part I small to large moo_ Question(s) impact impact may �; �° occurmay occur a. The�proposed action may�occur wholly or partially within,or substantially contiguous to,any buildings,archaeological site or district which is listed on the National or De ❑ ❑ State Register of Historical Places,or that has been determined by the Commissioner of the NYS Office of Parks,Recreation and Historic Preservation to be eligible for listing on the State Register of Historic Places. b.The proposed action may occur wholly or partially within,or substantially contiguous E3f ❑ ❑ to,an area designated as sensitive for archaeological sites on the NY State Historic Preservation Office(SHPO)archaeological site inventory. c.The proposed action may occur wholly or partially within,or substantially contiguous E3g ❑ ❑ to,an archaeological site not included on the NY SHPO inventory. Source: RECEDW Page 6 of 10 ([a l 3 S- MAR 0 3 2029 Zoning Board Of Appeals d.Other impacts: ❑ ❑ If any of the above(a-d)are answered"Moderate to large impact may e• occur",continue with the following questions to help support conclusions in Part 3: i. The proposed action may result in the destruction or alteration of all or part De,E3g, ❑ ❑ of the site or property. E3f ii. The proposed action may result in the alteration of the property's setting or De,E3f, ❑ ❑ integrity. E3g,Ela, Elb iii. The proposed action may result in the introduction of visual elements which De,E3f, ❑ ❑ are out of character with the site or property,or may alter its setting. E3g,E3h, C2,C3 11. Impact on Open Space and Recreation The proposed action may result in a loss of recreational opportunities or a F—]NO YES reduction of an open space resource as designated in any adopted municipal open space plan. (See Part 1. C.2.c,E.Le.,E.2.q.) I "Yes", answer questions a-e. I "No", o to Section 12. Relevant No,or Moderate r�fit,s �s'R'Try r�"',t�,'A".r`'";;`"""'�", h� f�s. t'M.,a ia•fz , ¢ 4 : . . „_... 1 _' ;. _, Part I small to large `.4,(t;t{' {: 'i.,, "s ;TM�„R"--``r".xs',` gin,jc.,�q 5v' .'w `> r° 4o-°, Question(s) impact impact may "c may occur occur a.The proposed action may result in an impairment of natural functions,or"ecosystem D2e,Elb m ❑ services",provided by an undeveloped area,including but not limited to stormwater E2h, storage,nutrient cycling,wildlife habitat. Elm,E2o, E2n,E2 b.The proposed action may result in the loss of a current or future recreational resource. C2a,Elc, m ❑ C2c,E2 c.The proposed action may eliminate open space or recreational resource in an area C2a,C2c m ❑ with few such resources. Elc,E2q d.The proposed action may result in loss of an area now used informally by the C2c,Elc ❑ ❑ community as an open space resource. e. Other impacts Adverse impacts to user groups of recreational area(Bay to Sound Trail) m ❑ 12. Impact on Critical Environmental Areas The proposed action may be located within or adjacent to a critical ❑NO YES environmental area(CEA). (See Part 1.E.3.d) I "Yes", answer questions a-c. I "No", o to Section 13. Relevant No or Moderate Part I small to large 5•'�1_Y`J+;. "ih�E' d>` """+-Y..'�' *�P�,Y it 'F v»�` "` N.k'yV uestion Q ( ) Pact .N s impact impact may h''`' h='«" W9 w _ x; may occur occur INK of, „, .�° ,, "U, a.The proposed action may result in a reduction in the quantity of the resource or EM m ❑ characteristic which was the basis for designation of the CEA. b.The proposed action may result in a reduction in the quality of the resource or E3d m ❑ characteristic which was the basis for designation of the CEA. c.Other impacts: ❑ ❑ Page 7 of 10 - 7 (� MAR 0 3 2021 Zoning Board Of Appeals 13. Impact on Transportation The proposed action may result in a change to existing transportation systems. E]NO Z YES (See Part 1. D.2.j) I "Yes", answer questions a-,f I "No", o to Section 14. Relevant No,or Moderate Part small to large �- <<' ,,•, '� �;.,a �;:, rz' _ .,`, 2rr., ,G" Questions impact impact may F=�. .' P P Y may occur occur a.Projected traffic increase may exceed capacity of existing road network. D2j ® ❑ b.The proposed action may result in the construction of paved parking area for 500 or D2j ❑ ❑ more vehicles. c.The proposed action will degrade existing transit access. 132j ❑ ❑ d.The proposed action will degrade existing pedestrian or bicycle accommodations. D2j ❑ ❑ e.The proposed action may alter the present pattern of movement of people or goods. D2j ❑ ❑ f. Other impacts: ❑ ❑ 14. Impact on Energy The proposed action may cause an increase in the use of any form of energy. F1 NO ©YES (See Part 1.D.21) I "Yes", answer questions a-e. I "No", o to Section 15. - Relevant No,or Moderate Part I small to large Question(s) impact impact may may occur occur a.The proposed action will require a new,or an upgrade to an existing,substation. D2k ® ❑ b.The proposed action will require the creation or extension of an energy transmission Dlf, ® ❑ or supply system to serve more than 50 single or two-family residences or to serve a Dlq,132k commercial or industrial use. c.The proposed action may utilize more than 2,500 MWhrs per year of electricity. D2k ❑ ❑ d.The proposed action may involve heating and/or cooling of more than 100,000 square Dlg ❑ ❑ feet of building area when completed. e.Other Impacts: ® ❑ 15. Impact on Noise, Odor,and Light The proposed action may result in an increase in noise, odors,or outdoor lighting. ONO ©YES (See Part 1.D.2.m.,n., and o.) 1 "Yes", answer questions a-.f I "No", o to Section 16. Relevant No,or Moderate ;, , .rk$ ,J, " ;„ .• Part I small to large uestion(s) impact impact may may occur occur aY.The proposed action may produce sound above noise levels established by local D2m ® ❑ regulation. b.The proposed action may result in blasting within 1,500 feet of any residence, D2m,Eld ❑ ❑ hospital,school,licensed day care center,or nursing home. c.The proposed action may result in routine odors for more than one hour per day. D2o ® ❑ Page 8 of 10 RECEIVED mit �s MAR 0 � ���� Zoning Board Ofgppeais d.The proposed action may result in light shining onto adjoining properties. D2n ® ❑ e.The proposed action may result in lighting creating sky-glow brighter than existing D2n,Ela ® ❑ area conditions. f.Other impacts:An increase in noise levels during construction is expected. ® ❑ 16. Impact on Human Health The proposed action may have an impact on human health from exposure ❑NO ©YES to new or existing sources of contaminants. (See Part 1.D.2.q.,E.1. d.f.g. and h.) I "Yes", answer questions a-m. I "No", o to Section 17. Relevant No,or Moderate Part I small to large ° Question(s) impact impact may 'I = 1, may cccur occur a.The proposed action is located within 1500 feet of a school,hospital,licensed day Eld ❑ ❑ care center,group home,nursing home or retirement community. b.The site of the proposed action is currently undergoing remediation. Elg,Elh ❑ ❑ c.There is a completed emergency spill remediation,or a completed environmental site Elg,Elh ❑ ❑ remediation on,or adjacent to,the site of the proposed action. d.The site of the action is subject to an institutional control limiting the use of the Elg,Elh ❑ ❑ property(e.g.,easement or deed restriction). e.The proposed action may affect institutional control measures that were put in place Elg,Elh_ ❑ ❑ to ensure that the site remains protective of the environment and human health. f.The proposed action has adequate control measures in place to ensure that future D2t ® ❑ generation,treatment and/or disposal of hazardous wastes will be protective of the environment and human health. g.The proposed action involves construction or modification of a solid waste D2q,Elf ❑ ❑ management facility. h.The proposed action may result in the unearthing of solid or hazardous waste. D2q,Elf ❑ ❑ L The proposed action may result in an increase in the rate of disposal,or processing,of 132r,D2s ❑ ❑ solid waste. j.The proposed action may result in excavation or other disturbance within 2000 feet of Elf,Elg ❑ ❑ a site used for the disposal of solid or hazardous waste. Elh k.The proposed action may result in the migration of explosive gases from a landfill Elf,Elg ❑ ❑ site to adjacent off site structures. 1.The proposed action may result in the release of contaminated leachate from the 132s,Elf, ❑ ❑ project site. D2r in.Other impacts: ❑ ❑ REMWD _74G3sL5' BAR 0 3 202 Page 9 of 10 ZotlingBoard Of Appeals Agency Use Only [IfApplicablel :eject:ISUFFOLK COUNTY ENERGY STORAGE Date: jMarchl,2021 Full Environmental Assessment Form Part 3-Evaluation of the Magnitude and Importance of Project Impacts and Determination of Significance Part 3 provides the reasons in support of the determination of significance. The lead agency must complete Part 3 for every question in Part 2 where the impact has been identified as potentially moderate to large or where there is a need to explain why a particular element of the proposed action will not,or may,result in a significant adverse environmental impact. Based on the analysis in Part 3,the lead agency must decide whether to require an environmental impact statement to further assess the proposed action or whether available information is sufficient for the lead agency to conclude that the proposed action will not have a significant adverse environmental impact. By completing the certification on the next page,the lead agency can complete its determination of significance. Reasons Supporting This Determination: To complete this section: • Identify the impact based on the Part 2 responses and describe its magnitude. Magnitude considers factors such as severity, size or extent of an impact. • Assess the importance of the impact. Importance relates to the geographic scope,duration,probability of the impact occurring,number of people affected by the impact and any additional environmental consequences if the impact were to occur. • The assessment should take into consideration any design element or project changes. • Repeat this process for each Part 2 question where the impact has been identified as potentially moderate to large or where there is a need to explain why a particular element of the proposed action will not,or may,result in a significant adverse environmental impact. • Provide the reason(s)why the impact may,or will not,result in a significant adverse environmental impact • For Conditional Negative Declarations identify the specific condition(s)imposed that will modify the proposed action so that no significant adverse environmental impacts will result. • Attach additional sheets,as needed. See State Environmental Quality Review NEGATIVE DECLARATION narrative dated March 1,2021. REIVED IgWS6 LIAR ® 5 2021 Zoning Board Of Appeals Determination of Significance-Type I and Unlisted Actions SEQR Status: ❑Type 1 ©Unlisted Identify portions of EAF completed for this Project: ©Part 1 ©Part 2 ©Part 3 Upon review of the information recorded on this EAF,as noted,plus this additional support information State Environmental Quality Review NEGATIVE DECLARATION narrative dated March 1 2021 and considering both the magnitude and importance of each identified potential impact,it is the conclusion of the Souhtold Zoning Board of Appeals as lead agency that: © A. This project will result in no significant adverse impacts on the environment,and,therefore,an environmental impact statement need not be prepared. Accordingly,this negative declaration is issued. ❑ B. Although this project could have a significant adverse impact on the environment,that impact will be avoided or substantially mitigated because of the following conditions which will be required by the lead agency: There will,therefore,be no significant adverse impacts from the project as conditioned,and,therefore,this conditioned negative declaration is issued. A conditioned negative declaration may be used only for UNLISTED actions(see 6 NYCRR 617A). ❑ C. This Project may result in one or more significant adverse impacts on the environment,and an environmental impact statement must be prepared to further assess the impact(s)and possible mitigation and to explore alternatives to avoid or reduce those impacts. Accordingly,this positive declaration is issued. Name of Action: SUFFOLK COUNTY ENERGY STORAGE II,LLC Name of Lead Agency: Town of Southold Zoning Board of Appeals Name of Responsible Officer in Lead Agency: Leslie K Weisman,Chair Title of Responsible Officer: Same Signature of Responsible Officer in Lead Agency: Date: March 5,2021 Signature of Preparer(if different from Responsible Officer) Date: March 5,2021 For Further Information: Contact Person: Mark Terry,Assistant Town Planning Director Address: P.O.Box 1179,53095 Main Road,Southold,NY 11971 Telephone Number:631-765-1938 E-mail: Mark.Terry@town southold.ny.us For Type 1 Actions and Conditioned Negative Declarations,a copy of this Notice is sent to: Chief Executive Officer of the political subdivision in which the action will be principally located(e.g.,Town/City/Village of) Other involved agencies(if any) Applicant(if any) Environmental Notice Bulletin: httl2://www.dec.ny.gov/enb/enb.html RME® ILLI ase: PRINT FULL FORM Page 2 of 2 GEAR 0 3 2021 Zoning Board Of Appears ;:. Agen ,Use Only DfApplkable] Project: SUFFOLK COUNTY ENERGY STORAGE. • •. Date: March 1,2021 Full Envirohmerttal.Asses,nment Fokm Part 3-Evaluation`of the Magnitude`aiad Inip'ortance-of Project Impacts Determination of Signfflcance Part 3 provides the°reasons in support ofthe determination'cf-significance:-The`lead agency must complete Part 3£ar every question• in Part 2 where the impact has been identified as poieutiallymoderate to-large'or where there'is alheed i6°explain-why a'p'p eular Iy element of the proposed action will not,or tray,result in a significant adverse environmental impact. Based on the anal sis in Part 3 the lead agency rdust decide whether tore uue an environmental impact stater entto further assess•T Y g Y q' ' P the proposed action.or.whether available,infoimation'is suffieient�for the lead-agency to conclude that the proposed action will not have a significant adverse environmental impact.-By completing`the certification on the next page,the lead agency can complete its determination of significance, Reasons Supporting This Determination: To complete this'section: s ' o Identify the impact based on' Part 2 responses and describe its magnitude:"Magnitud'e considers factors such as severity, size or extent of an impact. i Assess the importance of the impact. Importance relates to`the geogtapliic'seope,duration;•probnUility,of the impact ' 'ocoiurin mumber'of"-co le affected b the in� set and au' 'additional environments conse'uences`if thc,Jm act were to g; p p y P Y q p occur. ® ' the' should take into considefation any design element'or project changes. ® Repeat this process for each Part 2 question where the impact has been identified as potentially moderate to large,or where there-,is a need,to explain why a particular element of the proposed action will not,or may,resulf•in a significant adverse environmental impact. • Provide the ieas-on(s)why the impact'may,or will not,result in Wsignificant adverse environmental,impact a For,Conditional Negative Declarations-identify the spacific coridition(s)imposcd'thatwill modify°ilia proposed actiodso thai, a no significanfadverse environmental impacts will result. Attach,additional sheets;as needed. See State Environmental,Quality Review NEGATIVE DECLARATION narrative detpd-, rch 1,'20721,., TM N" ; _ .- .. fir >• I �M I` L Determination®f Significance-'Type 1 a`n.&Ui ked Actions•• SEQR Status: ❑Type 1 Unlisted Identify portions of EAF completed for this,Project: Q✓ Partl M Part 2 [7t/ Part 3 ,Upon review of the information recorded on this EAF,as.noted,plus this additional support information State EnvironmentbW walili6iaw NEGATIVED N narrative 2021 0�6 C__op and considering both the magnitude and importance of each identifidd potential impact,it is the conclusion,of the Souht6ld Zoning Board of Appeals "` ' as lead agency that: ❑✓ ,A., This project will,result in no significant adverse impacts on,the environment,and,,therefore,an environmental impact statement need,not be prepared..Accordingly,this negative declaration is,issued. ;- ' ❑ B, Although this project could have a significant adverse impact on the environment,that impact will be'avoided or substantially mitigated because of the following conditions`which will be required by,the lead agency: There will,,therefore,be no significant adverse impacts from the project as conditioned,and,therefore,this conditioned.'negatiye. declaration,is,issued, A conditioned negative declaration may be'used only,for,UNLISTED actions(see 6 NYCRR 617,d)., ❑ C. This Project may result inrone or.more signifieantadverse impacts on the environment,,and yan environmental impact statementmusi'be,preparcd to further assess the,impact(s)'and poseible.mitigep n and:to explore�alternatives„to avoid or reduce those impacts. Accordingly,this positive declaration is`issued. Name Of Action: SUFFOLK COUNTY,ENERGY,STORAGE,II,LLC Name of Lead Agency: Town of Southold Zoning Board of Appeals Name of Responsible Officerin-Lead Agency: Leslie K.Weisran,,Chair. y Title of Responsible Officer, Same x•' Signature of Responsible Officer in Lead Age n '.Date:” 'March'5,2021 Signature of Preparer(if different from Responsible'Offi er) Date: (March 5,2021 For.Further Information: 'Contact Person: Mark Terry,Assistant Town Planning Director Address: P.O.Box 1179,53095 Main Road,Southold,NY 11971 Telephone Number:631=765-1938 E-mail:Mark.Terry@town.southold.ny.us -Fur Type 1 Actions and Conditioned Negative Declarations,a copy of this Notfee'is sent to: Chief Executive Officer of the political,subdivision in which the action;will be principally loeated'(e.g.,Town/City[Village of) Other,invoived,agencies(if any)' Applicant(if any) - Environmental Notice Bulletin: litin://www.d6c.ny.2ov/enb/ctib.btral, - PRIN_ T FULL'FORM' Page 2 of 2 Glenn Goldsmith,President S®�/r� _ Town Hall Annex A.Nicholas Krupski,Vice President ®� ®1 54375 Route 25 P.O. Box 1179 John M. Bredemeyer III Southold,New York 11971 Michael J. Domino Mhone ,631Greg Williams ac®UBOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD , �s February 18, 2021 Kim A. Fuentes . Town of Southold Zoning Board of Appeals Town Hall Annex 54375 Main Road Southold, NY- 11971 RE: LEAD AGENCY COORDINATION REQUEST Suffolk County Energy Storage II 69430 Main Road Greenport, NY 11944 Dear Ms. Fuentes: This letter is in response to your Lead Agency Coordination Request of December 29, 2020, for the referenced project pursuant to the State Environmental Quality Review Act (SEQRA) of the Environmental Conservation Law and its implementing regulations (6NYCRR Part 617). This Department has no objection to the Town of Southold Zoning Board of Appeals assuming lead agency status for this action. If you have any questions, please do not hesitate to ask. Sincerely, Glenn Goldsmith, President Board of Trustees l P5EG Long Island 175 E.Old Country Road Ilickbville,NY 11801 0 PSEG LONG We make things alar*for you. March 10,2021 ECEYVED Southold Town Hall R j 53095 Main Road P.O.Box 1179 ! Southold,NY 11971-0959 MAR 10 2021 Attn:Kim E.Fuentes,Board Assistant +. XoI;ing Board sof APPe,''_3 RE: Coordinated Review under SEQRA Special Exception Application Suffolk County Energy Storage II,LLC SCTM No.1000-45-5-1 Dear Ms.Fuentes, We are in receipt of your correspondence, dated December 29, 2020 for the above referenced project. The Long Island Power Authority (LIPA) and PSEG Long Island (PSEGLI),as Agent for the Long Island Lighting Company d/b/a LIPA,a wholly owned subsidiary of the Long Island Power Authority,accepts the Town of Southold as Lead Agency for this action. PSEGLI would like to offer the following comments regarding this project: 1. The EAF and any supporting documentation should include a description and analysis of impacts of any necessary electric utility upgrades to support the project. Please contact Building and Renovation Services (BRS) at 844-341-6378 and Rich Inserra (631) 284-5298 and Chris Hawks (516) 903-2161, to obtain a design for any necessary utility upgrades for this project. 2. Once design is obtained, an evaluation of potential impacts associated with the upgrades(if required)should be included. In particular,significant increases in pole heights which may result in visual impacts (i.e.,pole height increases of more than ten feet),extent of ground disturbance and proximity to wetlands should be evaluated and analyzed. I PSEG Long Island 175 E.Old Coun"Raid Hiskeville,NY 11801 PSEGLONG ISLAND Mr make Hangs work for yau. If you have any questions or require any additional information for the environmental assessment, please do not hesitate to contact me at 516-712-7805 or Justin.LaCorte(@PSEG.com. Sincerely, Justin LaCorte PSEG Long Island-Environmental Science and Planning Analyst cc: Lara Pomi-Urbat(PSEG Long Island) Sy Gruza,Esq.(PSEG Long Island) Erin Gorman(PSEG Long Island) Rich Inserra(PSEG Long Island) Chris Hawks(PSEG Long Island) Westermann, Donna From: Fuentes, Kim Sent: Thursday, March 11, 2021 10:15 AM To: Leslie Weisman Forward;Terry, Mark; Lanza, Heather; Duffy, Bill Cc: Westermann, Donna Subject: FW: Suffolk County Energy Storage II -Town of Southold ZBA SEQRA Response Letter- PSEG Attachments: 2021-3-10 Suffolk County Energy Storage II -Town of Southold Response Letter.pdf Hi, -1 See attached SEQRA Coordination comments re: Suffolk County Energy Storage from PSEG. I will insert this letter in our Laserfiche file. Donna, Please-print out letter and put on my desk. Thank you. Kim From: Lacorte, Justin [Justin.Lacorte@pseg.com] Sent: Wednesday, March 10, 2021 1:28 PM To: Fuentes, Kim Cc: Pomi-urbat, Lara; Gruza, Sy; Gorman, Erin (Estimating &Permitting); Inserra, Richard; Hawks, Christopher Subject: [SPAM] - Suffolk County Energy Storage II -Town of Southold Response Letter Kim, Attached please find out Lead Agency Coordination letter for the Suffolk County Energy Storage II—Town of Southold Project. Please let me know if you have any questions. Thanks, Justin LaCorte Environmental Science and Planning Analyst Licensing and Permitting D S Project Management Office 999 Stewart Avenue Bethpage, NY 11714 Office—(516)349-5462 Cell—(516)712-7805 Email:Justin.lacorte@pseg.com ,G, LONG '0 PS',E . i T,Ve mah oI FR Fo o � 1 The information contained in this e-mail, including any attachment(s), is intended solely for use by the named addressee(s). If you are not the intended recipient, or a person designated as responsible for delivering such messages to the intended recipient, you are not authorized to disclose, copy, distribute or retain this message, in whole or in part, without written authorization from PSEG. This e-mail may contain proprietary, confidential or privileged information. If you have received this message in error, please notify the sender immediately. This notice is included in all e-mail messages leaving PSEG. Thank you for your cooperation. 35� 2 COUNTY OF SUFFOLK Steven Bellone SUFFOLK COUNTY EXECUTIVE Natalie Wright Department of Commissioner Economic Development and Planning ^)� ySV February 1,2021 Town of Southold Zoning Board of Appeals 54375 Route 25 P.O.Box 1179 Southold,NY 11971 Attn: Kim Fuentes SEQRA Lead Agency Coordination Re: Suffolk County Energy Storage II,LLC Municipal File No.: N/A S.C.T.M.No.: 1000 04500 0500 001000 S.C.P.C. No.: SD-21-LD Dear Ms. Fuentes: Your notification for SEQR Coordination was received by our agency on December 28,2020. Please be advised that our agency,the Suffolk County Planning Commission,has no objection to the Town of Southold assuming Lead Agency status for the above referenced. The Suffolk County Planning Commission reserves the right to comment on this proposed action in the future and wants to be kept informed of all actions taken pursuant to SEQRA and to be provided with copies of all EAF's,DEIS'S and FEIS's,etc. Please note that pursuant to New York State General Municipal Law section 239 and Article XIV of the Suffolk County Administrative Code,this latest action should be referred to the Suffolk County Planning Commission for review. Sincerely, el- By By Christine DeSalvo Andrew P.Freleng, Chief Planner Division of Planning and Environment APF/cd Enc. H.LEE DENNISON BLDG ■ 100 VETERANS MEMORIAL HWY,11th FI 0 P.O.BOX 6100 ■ HAUPPAUGE,NY 11788-0099 0 (631)863-5191 Fuentes, Kim From: Islam, Mohammad R (DOT) <Mohammad.Islam@dot.ny.gov> Sent: Monday, January 11, 20213:20 PM To: jfunk@savionenergy.com;jdivello@mesliny.com Cc: Fuentes, Kim; Tariq, Melik (DOT); Smith, Eugene (DOT) Subject: Suffolk county energy Storage II 69430 Main Rd. ,Greenport, NY 25, Southold SCTM# 1000-04500-0500-001000 l3- Good Afternoon, This is regarding the concept plans received on December 30, 2020 for the subject project from the Town of Southold.A preliminary review of the concept plan indicates that NYSDOT highway work permit will be required for this development to work within New York State highway Right-Of-Way(ROW).To initiate the review process,the following ; items must be provided; 1. Provide Completed and signed PERM33, httj)s.1/wWvo d6t.nit.gov'ldivisiohs/l peratinafooniLtransportatfori- )y5tet s re s!to rvlperrnB,)r f 1. Please send Site plans including work zone traffic control, Driveway details, and any other standard detail that is appropriate for the work,proposed in state ROW.Send one Electronic copy of these documents as a single pdf file for our review purpose. 1. We request that the plans submitted to NYSDOT should be no larger than 11x17", drawn to legible scale, Thanks, Mohammad R Islam Assistant Engineer I Permits New York State Department of Transportation, Region 10 Traffic& Safety 250 Veterans Memorial Highway, Room 6A-7, Hauppauge, NY 11788 631-952-6813 1:Mohafinmad.Islam @dot.ny.obv www.dot.ny.gov/permits I Department of Transportation f.."" a.nra see t ATTENTION: This email came from an external source. Do not open attachments or click on links from unknown senders or unexpected emails. i NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Division of Environmental Permits,Region 1 SUNY lm.Stony Brook,50 Circle Road,Stony Brook,NY 11790 P:(631)444-03651 F:(631)444-0360 www.dec.ny.gov LEAD AGENCY COORDINATION RESPONSE January 13, 2021 Kim A. Fuentes �5 Town of Southold Zoning Board of Appeals Town Annex, First Floor 54375 Main Rd. Southold, NY 11971 Re, LEAD, AGENCY COORDINATION REQUEST Suffolk County Energy Storage II 69430 Main Rd. Greenport, NY 11944 Dear'Ms, Fuentes: This letter is in response to your Lead Agency Coordination Request of December 29, 2021, for the referenced project pursuant to,the State Environmental Quality Review Act (SEQRA) of the Environmental Conservation Law and it's implementing regulations (6NYCRR Part 617). This Department has no objection to the Town of Southold Zoning Board of Appeals assuming lead agency status for this action. Please send your SEQRA determination to my attention at the address shown above. Please also advise the applicant that the project will likely require a Freshwater Wetlands permit from this Department, as well as coverage pursuant to the State Pollutant Discharge Elimination System (SPDES) General Permit for Stormwater Discharges from Construction Activity, If you have any questions, please call or email me at 631-444-0403 or sherri.aicher@dec.ny,gov. Sincerely, Sherri Aicher Deputy Permit Administrator �r>;W YORK� Department of %",,v EnRronmenfa! �'' Con5arvatTOn t'` F NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATIO Division of Environmental Permits,Region 1 V194 , SUNY @ Stony Brook,50 Circle Road,Stony Brook,NY 11790 P:(631)444-0365 IF (631)444-0360 Z0 nirj www,dec.ny.gov QddYel0f.�� Gals LEAD AGENCY COORDINATION RESPONSE January 13, 2021 Kim A. Fuentes Town of Southold Zoning Board of Appeals J Town Annex, First Floor 54375 Main Rd. Southold, NY 11971 Re: LEAD AGENCY COORDINATION REQUEST Suffolk County Energy Storage II 69430 Main Rd. Greenport, NY 11944 Dear Ms. Fuentes: This letter is in response to your Lead Agency Coordination Request of December 29, 2021, for the referenced project pursuant to the State Environmental Quality Review Act (SEQRA) of the Environmental Conservation Law and it's implementing regulations (6NYCRR Part 617). This Department has no objection to the Town of Southold Zoning Board of Appeals assuming lead agency status for this action. Please send your SEQRA determination to my attention at the address shown above. Please also advise the applicant that the project will likely require a Freshwater Wetlands permit from this Department, as well as coverage pursuant to the State Pollutant Discharge Elimination System (SPDES) General Permit for Stormwater Discharges from Construction Activity. If you have any questions, please call or email me at 631-444-0403 or sherri.aicher@dec.ny.gov. Sincerely, oit� Sherri Aicher Deputy Permit Administrator _J INWYORK I Departmentof ORTUNITY Environmental Conservation ,I COUNTY OF SUFFOLK Steven Bellone Q� SUFFOLK COUNTY EXECUTIVE � V� Department off Natalie Wright Commissioner Economic Development and Pl i1nn February 1,2021 Town of Southold ^ '�'050 Zoning Board of Appeals s 54375 Route 25 P.O.Box 1179 Southold,NY 11971 Attn: Kim Fuentes SEQRA Lead Agency Coordination Re: Suffolk County Energy Storage II,LLC Municipal File No.: N/A S.C.T.M.No.: 1000 04500 0500 001000 S.C.P.C. No.: SD-21-LD Dear Ms. Fuentes: Your notification for SEQR Coordination was received by our agency on December 28,2020. Please be advised that our agency,the Suffolk County Planning Commission,has no objection to the Town of Southold assuming Lead Agency status for the above referenced. The Suffolk County Planning Commission reserves the right to comment on this proposed action in the future and wants to be kept informed of all actions taken pursuant to SEQRA and to be provided with copies of all EAF's,DEIS'S and FEIS's,etc. Please note that pursuant to New York State General Municipal Law section 239 and Article XIV of the Suffolk County Administrative Code,this latest action should be referred to the Suffolk County Planning Commission for review. Sincerely, R 74e47 By Christine DeSalvo Andrew P.Freleng, Chief Planner Division of Planning and Environment APF/cd Enc. H.LEE DENNISON BLDG ■100 VETERANS MEMORIAL HWY,11th FI■ P.O.BOX 6100■ HAUPPAUGE,NY 11788-0099 ■ (631)853.5191 I Fuentes, Kim From: Aicher, Sherri L (DEC) <sherri.aicher@dec.ny.gov> Sent: Wednesday, January 13, 20213:39 PM To: Fuentes, Kim Subject: SEQR Lead Agency Coordination Response Suffolk County Energy Storage II LLC Attachments: SEQR Lead Agency Coordination Response Suffolk Co Energ Storage.1-13-2021.pdf Dear Ms. Fuentes, Please find our response attached. Sincerely, Sherri Aicher Deputy Permit Administrator, Division of Environmental Permits New York State Department of Environmental Conservation SUNY @ Stony Brook, 50 Circle Rd., Stony Brook, NY 11790 P: (631) 444-0403 1 sherri aicher(a-),dec.ny.gov www.dec.ny.gov I I Q 100 �f YNoUK Department of L STAVE Environmental Conservation ATTENTION: This email came from an external source. Do not open attachments or click on links from unknown senders or unexpected emails. i Fuentes, Kim From: Fuentes, Kim Sent: Wednesday, January 13, 20213:50 PM To: 'Steven'; 'losquadrolaw@gmail.com' Cc: Duffy, Bill Subject: SEQR Lead Agency Coordination Response-Suffolk County Energy Storage II LLC Attachments: SEQR Lead Agency Coordination Response Suffolk Co Energ Storage.1-13-2O21.pdf C Hi Steve, Please see attached SEQRA Coordination response from the New York State Department of Conservation advising that the subject action may require a Freshwater Wetlands permit as well as a SPDES Permit from the department. Kim E. Fuentes Secretary to the Zoning Board of Appeals Town of Southold 54375 Main Road Southold, NY 11971 631-765-1809, Ex. 5011 E-mail:kimf@southoldtownnv gov Mail to:P.O. Box 1179,Southold,NY 11971 From: Aicher, Sherri L (DEC) [mailto:sherri.aicher(�)dec.ny.aov] Sent: Wednesday, January 13, 20213:39 PM To: Fuentes, Kim Subject: SEQR Lead Agency Coordination Response Suffolk County Energy Storage II LLC Dear Ms. Fuentes, Please find our response attached. Sincerely, Sherri Aicher Deputy Permit Administrator, Division of Environmental Permits New York State Department of Environmental Conservation SUNY @ Stony Brook,,50 Circle Rd., Stony Brook, NY 11790 P: (631) 444-0403 1 sherri.aicher(o),dec.ny.gov www.dec ny gov oUePactsrtent of Enviranment�t J Conservation ATTENTION: This email came from an external source. Do not open attachments or click on links from unknown senders or unexpected emails. 2 Fuentes, Kim From: Fuentes, Kim Sent. Tuesday, January 12, 20212:39 PM To: 'losquadrolaw@gmail.com'; 'Steven' Subject: Suffolk County Energy Storage II 69430 Main Rd. Greenport, NY 25, Southold SCTM# 1000-04500-0500-001000 Hi Steve, Below is an email from the NYSDOT responding to the SEQRA Coordinated Review request from this office. Mark Terry, Planner, had advised that I should forward same to you so that you are aware that a highway work permit will be required. Let me know if you have any questions. Kim E Fuentes Secretary to the Zoning Board ofAppeals Town of Southold 54375 Main Road Southold, NY 11971 631-765-1809,Ex. 5011 E-mail.kim-ffisoutholdtownnvtaov Mail to:P.O. Box 1179, Southold, NY 11971 From: Islam, Mohammad R (DOT) [ma iIto:Mohammad.Islam@dot.ny.gov] Sent: Monday, January 11, 20213:20 PM To: jfunk@savionenergy.com;jdivello@mesliny.com Cc: Fuentes, Kim; Tariq, Melik (DOT); Smith, Eugene (DOT) Subject: Suffolk county energy Storage 11 69430 Main Rd. Greenport, NY 25, Southold SCTM# 1000-04500-0500-001000 Good Afternoon, This is regarding the concept plans received on December 30, 2020 for the subject project from the Town of Southold. A preliminary review of the concept plan indicates that NYSDOT highway work permit will be required for this development to work within New York State highway Right-Of-Way(ROW).To initiate the review process,the following items must be provided: 1. Provide Completed and signed PERM33, https•//www.dot.ny.gov/divisions/operating/oom/transportation- systems/repository/perm33.pdf 1. Please send Site plans including work zone traffic control, Driveway details, and any other standard detail that is appropriate for the work proposed in state ROW.Send one Electronic copy of these documents as a single pdf file for our review purpose. i 1. We request that the plans submitted to NYSDOT should be no larger than .L.LX17", drawn to legible scale. Thanks, Mohammad R Islam Assistant Engineer I Permits New York State Department of Transportation, Region 10 Traffic & Safety 250 Veterans Memorial Highway, Room 6A-7, Hauppauge, NY 11788 631-952-68131 Mohammad.lslam(cDdot.ny.gov www.dot.ny.gov/permits �s Department of TrIansgortatibn ATTENTION: This email came from an external source. Do not open attachments or click on links from unknown senders or unexpected emails. 2 BOARD MEMBERS �F SOU Southold Town Hall Leslie Kanes Weisman,Chairperson 53095 ryOlO 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes y Town Annex/First Floor, Robert Lehnert,Jr. �` • COQ 5437.5 Main Road(at Youngs Avenue) Nicholas Planamento Olij'COU Southold,NY 11971 http://southoldtownny.gov � ZONING BOARD OF APPEALS TOWN OVSOUTHOLD 01� " Tel.(631)765-1809•Fax(631)765-9064 `--- MEMORANDUM To: Mark Terry, Assistant Town Planning Director Heather Lanza, Planning Director From: Leslie"K. Weisman, Chairperson Attn: Kim Fuentes, Board Assistant Date: December 28, 2020 Subject: Special Exception Application Review for SEQRA Public Utility structures and uses; Battery Storage System that will interconnect to-LIPA substation. It is our understanding that the Planning Department will conduct review under SEQRA for the following Special Exception application. Please see attached application and engineered .project overview plans. Project Name: Suffolk County Energy Storage II, LLC 69430 Main Street (NYS Rte,25), Grebhport S.C. Tax Map No.: 1000-45-5-1 Requested Action: Grant Special Exception for proposed battery energy storage system; public utility structures and uses, located in Light Industrial (LI) Zoning District, as depicted on site plan."Project Overview" prepared by Michael J. Finan, LPE, last revised December 10, 2020. We are tentatively scheduling a public hearing for February 4, 2020. Please let us know if you need any additional information. Enclosures include: • Project Overview prepared by Michael J. Finan, LPE, last revised December 10, 2020. • Special Exception Application received December 18, 2020. BOARD MEMBERS �OF SOU Southold Town Hall Leslie Kanes Weisman,Chairperson riff 53095 Main Road•P.O.Box 1179 �� 1p Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes CA Town Annex/First Floor, Robert Lehnert,Jr. • �O� 5437.5 Main Road(at Youngs Avenue) Nicholas Planamento ��il AVUIM Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD ' Tel.(631)765-1809•Fax(631)765-9064 December 29, 2020 NYS Office of Park, Recreation&Historic Preservation P.O. Box 189, Peebles Island Waterford,NY 12188-0189 RE: Special Exception Application Suffolk County.Energy Storage II, LLC - SCTM No.,100045-54 Enclosed please find our request for a coordinated review under Artiele 8 (SEQRA)°of the Environmental,Conservation Law and 6 NYCRR Part„617;of the above referenced application. Also enclosed is the subject application, a Fu11,Erivironmental Assessment Form and the site plan-Project Overview last revised December 10, 2020, as well as other related documentation. If you have any questions or concerns, please do not hesitate to contact me at 631-765-1809 or email kim&southoldtownny.gov. Since ely, Kim E. Fuentes Board Assistant BOARD MEMBERSOF SOU Southold Town Hall Leslie Kanes Weisman,Chairperson �� �y4 53095 Main Road•P.O.Box 1179 �� !Q Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes Us ,e Town Annex/First Floor, Robert Lehnert,Jr. �� 54375 Main Road(at Youngs Avenue) Nicholas Planamento ��Murm Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631)765-9064 MEMORANDUM To: NYS Office of Park, Recreation & Historic Preservation From: Leslie Kanes Weisman, ZBA Chairperson Attn: Kim Fuentes, Board Assistant ,Date: December 29, 2020 RE: Special Exception Application Review— Request for"Comments SEAR Lead-Agency Request -: Coordinated Review under SEAR The purpose of this request is to seek comments from your agency as part of the coordinated review under Article 8 (State Environmental.Quality Review Act -SEQRA) of the Environmental Conservation Law and 6 NYCRR Part 617. Please provide the following, as applicable: 1. Comments or requirements the Zoning Board of Appeals should take into consideration while reviewing the proposed project; 2. Issues of concern you believe should be evaluated; 3. Your jurisdiction in the action described below; 4. Your interest in assuming the responsibilities of lead agency under SEQR. The lead agency will determine the need for an Environmental Impact Statement (EIS) on this project. Within thirty (30) days of the date of this letter, please respond in writing whether or not you have an interest in being lead agency. The following page contains information pertaining to the project under review. For further information, please feel free to contact this office. 1 Special Exception Application of Suffolk County Energy 5torage II Page 2 Zoning Board of Appeals Position: (x) This agency wishes to assume lead agency status for this action. ( ) This agency has no objection to your agency assuming lead agency status for this action. ( ) Other,(see comments below), Comments: The application and coordinating documentation can be also viewed on the Town's Laserfiche site at TownOfSoutholdgoning Board of-Appeals (ZBA)\Board ActionslPendinglSUFFOLK COUNTY ENERGY STORAGE 11 - BATTERY STORAGE 1000-45-5-1 Please contact Kim Fuentes at kimf(cD-southoldtownny.gov for assistance.in locating the file. Project Name: SUFFOLK COUNTY ENERGY STORAGE II Address: 6943,0 Main Road,Greenport, NY - Tax Map #: 1000-45-5-1 Requested Action: This Special Exception Application is for the proposed construction of public utility structures and uses; a battery energy storage system facility that will interconnect to LIPA Substation SEQRA Classification: ( ) Type I ( ) Type II (X) Unlisted Contact Person: Kim Fuentes (631) 765-1809 kimf(cD-southoldtownny.gov Enclosures: • Project Overview prepared by Michael J. Finan, LPE, last revised December 10, 2020. • Special Exception Application received December 18, 2020. 2 BOARD MEMBERS OF SO!/ _"..Sputhold.Town Hall Leslie Kanes Weisman,Chairperson ti0�� �y�10 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes Town Annex/First Floor, Robert Lehnert,Jr. • iQ 54375 Main Road(at Youngs-Avenue) Nicholas Planamento �IiYCOMM Southold,NY 11971 http://southoldtownny.gov 5" ZONING BOARD OF APPEALS TOWN.OF SOUTHOLD' Tel.(631)765-1809•Fax(631)_765-9064 December,29, 2020 'Mark Wolfgang NYS Department of Transportation 25,0 Veterans Memorial Highway Hauppauge,NY 11788 Dear Mr. Wolfgang; RE: Special Exception Application Suffolk County Energy,'Stora'ge II, LLC ' SCTM No. 1000-45-5-1 " Enclosed please find our request for a coordinated review under Article 8 (SEQRA) of the Environmental Conservation Law and 6 NYCRR Part 617 of the above'referenced application, Also enclosed is the subject application, a Full Environmental Assessment Form and the site plan-Proj ect Overview last revised December 10, 2020,as well-as:other(elated,documentation. If you have any questions or concerns, please do not hesitate to contact me at 631-7654869 or email kimf@southoldtownny.gov. Sincere y, Kim E. Fuentes Board Assistant BOARD MEMBERS_ ---- �F S0 Southold Town:Hall,,-. Leslie Kanes Weisman,Chairperson �� 6'p 53095 Main Road•R6-Box-1179 �� l0 Southold,NY 11971-0959 Patricia Acampora [ Office Location: Eric Dantes G Town Annex/First Floor, Robert Lehnert,Jr. �O ,�a�� 54375 Main Road(at Youngs Avenue) Nicholas Planamento �on �`c.'` Southold,NY 11971 S http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631)765-9064 MEMORANDUM To: New York State Department of Transportation Attn: Mark Wolfgang From: Leslie Kanes Weisman, MA Chairperson' Atte: Kim Fuentes, Board Assistant "Date: December 29; 2020 RE:" Special;Exception Application-Rev!Q Reques"t=for-Comme`nts •: SEQR Lewd Agency Request Coordnate'd Review under SEQR ; The purpose of this request is to seek comments"from your agency as_part"of tlie,coordinated, review under Article 8 (State Environmental Quality Review Act =SEQRA) of`the Environmental Conservation Law and 6 NYCRR Part 617. Please provide'the following, as applicable: 1. Comments or requirements the Zoning Board of Appeals should take into consideration while reviewing the proposed project; 2. Issues of concern you believe should be evaluated; 3. Your jurisdiction in the action described below; 4. Your interest in assuming the responsibilities of lead agency under SEQR. The lead agency will determine the need for an Environmental Impact Statement (EIS) on this project. Within thirty (30) days of the date of this letter, please respond in writing whether or not you have an interest in being lead agency. The following page contains information pertaining to the project under review. For further information, please feel free to contact this office. L - - Special Exception Application of Suffolk County,Energy Storage II Page 2 Zoning Board of Appeals Position: (x) This agency wishes to assume lead agency status for this action. ( ) This agency has-no objection to your agency assuming lead agency status for this action. ( ) Other (see comments below) Comments: The application and coordinating documentation can be also viewed on the Town's Laserfiche site at TownOfSoutholdlZoning Board of Appeals (ZBA)1Board ActionslPen'dinglSUFFOLK COUNTY ENERGY STORAGE II = BATTERY STORAGE 1000-45-5-1 Please contact Kim Fuentes at kimfa_southoldtownnY.,qov_for.assistance in jocafing thelile: PrQject,Nam6:,SUFFOLK COUNTY.ENERGY.STORAGE;II Address: 69430 Main Road;.Greenport;':NY; Tax-Map=#: 100.0=45;51 r , Requested,Action: This Special Exception,Appl,ication is forthe'p"roposed const'ruction of` -public, utility structures and uses; a battery energy storage system.facility that-will' interconnect to L-IPA Substation SEQRA Classification: O Type I ( ) Type II (X) Unlisted Contact Person: Kim Fuentes (631) 765-1809 kimfa-southoldtownny.gov Enclosures: • Project Overview prepared by Michael J. Finan, LPE, last revised December 10, 2020. • Special Exception Application received December 18, 2020. 2 BOARD MEMBERSF sOU Southold,Town Hall Leslie Kanes Weisman,Chairperson k' jy0 53095 Main Road•P.O.Box 1179 �� 1p Southold,NY 11971-0959 Patricia Acamporat Office Location: Eric Dantes VIR Town Annex/First Floor, Robert Lehnert,Jr. 54375�� 54375 Main Road(at Youngs Avenue) Nicholas Planamento �lil'COU Southold,NY 11971 http://southoldtovmny.gov Lo � ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631)765-9064 December 29, 2020 Carrie Meek Gallagher, Regional Director NYS Dept. of Environmental Conservation Region One, SUNY @ Stony Brook 50 Circle Road -Stony Brook,NY 11790 RE: Special Exception Application- Suffolk County Energy Storage I1, LLC SCTM No. 1000-45-5-1 Dear°Ms. Aicher; - Enclosed please find our request for a coordinated review under Article 8 (SE,QRA) of the Environmental Conservation Law and 6 NYCR�Part-617-of-the above referenced application. Also enclosed is the subject application, a Full Environmental Assessment Form and the site plan-Project Overview last revised December 10, 2020, as well as other related documentation. If you have any questions or concerns,please do not hesitate to contact me at 631-765-1809 or email kimf@southoldtownny-gov- Sincerely, Kim E. Fuentes Board Assistant BOARD-MEMBERS Sou�holsl Town Hall Leslie Kanes Weisman,Chairperson O��QF $�UryOl 53095 Main Road•P.O.Box 1179 ti O Southold,NY 11971-0959 Patricia Acampora _ Office-.Location: Eric Dantes G Town Annex/First Floor, Robert Lehnert,Jr. O 54375 Main Road(at Youngs Avenue) Nicholas Planamento IiYCOU � Southold,NY 11971 http://southoldtpwnny.gov ZONING BOARD OF APPEALS' TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631)765-9064 MEMORANDUM To: New York State Department of Conservation - From: Leslie Kanes Weisman, ZBA Chairperson Attn: Kim Fuentes, Board Assistant Date: December 29, 2020 RE: Special Exception Application Review • Request for Comments SEQR,,Lead,Agency Request • Coordiniated Review under SEAR The purpose of this request is to seek comments from your agency as part of the coordinated review under,Article 8 (State Environmental Quality Review Act -SEQRA) of the Environmental Conservation Law and 6 NYCRR Part 617. Please provide the following, as applicable: 1. Comments or requirements the Zoning Board of Appeals should take into consideration while reviewing the proposed project; 2. Issues of concern you believe should be evaluated; 3. Your jurisdiction in the action described below; 4. Your interest in assuming the responsibilities of lead agency under SEQR. The lead agency will determine the need for an Environmental Impact Statement (EIS) on this project. Within thirty (30) days of the date of this letter, please respond in writing whether or not you have an interest in being lead agency. The following page contains information pertaining to the project under review. For further information, please feel-free to contact this office. \4 i Special Exception Application ofnauffolk County Energy Storage II Page 2 Zoning Board of Appeals Position: ALV e l (x) This agency wishes to assume lead agency status for this action. ( ) This agency has no objection to your agency assuming lead agency status for this action. ( ) Other (see comments below) Comments: The application and coordinating documentation can be also viewed on the Town's Laserfiche site at TownOfSoutholdlZoning Board of Appeals (ZBA)1Board ActionsXpendinglSUFFOLK COUNTY ENERGY STORAGE II - BATTERY STORAGE 10'00,=45-5-1 Please contact Kim Fuentes at kimf -south`oldtownny.gov for assistance in locating the file. Project Name: SUFFOLK COUNTY ENERGYSTORAGE II , Address: 69430,M-ain Road;Greenport, NY Tax Map #: 1000-45-5-1 Requested Action: This Special Exception'Application is for the proposed-construction of public utility structures,and uses; a battery energy storage system facility that will interconnect to Ll PA,Substation SEQRA Classification: O Type I ( ) Type II (X) Unlisted Contact Person: Kim Fuentes (631) 765-1809 kimfRsoutholdtownny.gov Enclosures: • Project Overview prepared by Michael J. Finan, LPE, last revised December 10, 2020. • Special Exception Application received December 18, 2020. 2 BOARD MEMBERS OF sOUj Southold Town Hall Leslie Kanes Weisman,Chairperson �� y� 53095 Main Road•P.O.Box 1179 �� l0 Southold,NY 11971-09.59 Patricia Acamporat Office Location: Eric Dantes Town Annex/First Floor, Robert Lehnert,Jr. � iQ 54375 Main Road(at Youngs Avenue) Nicholas PlanamentolyCOU Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631)765-9064 December 29, 2020 Craig Knapper Suffolk County Dept. of Health Services Office of Wastewater.Maiiagement 360 Yaphank Avenue Yaphank,NY 11980 RE: Special Exception Application Suffolk County Energy Storage II, LLC ' S`CTM No. 1000=45-5-1 Dear Mr. Knapper; Enclosed please find'our 'request for a coordinated review.under.Article 8 (SEQRA) of the Environmental Conservation Lave and 6 NYCRR Part 617 of the above referenced application. Also enclosed is the subject application, a Full Environmental Assessment Form and the site' plan-Project Overview last revised December 10, 2020, as well as other related documentation. If you have any questions or concerns,please do not hesitate to contact me at 631-765-1809 or email kimf@southoldtownny.gov. Sincerely, Kim E. Fuentes Board Assistant l 1 t BOARD MEMBERS 0� sO�r Southold-,Tq)E alb, Leslie Kanes Weisman,Chairperson y,� y� 53095 Main Road•P.O.Box 1179 h0 l0 Southold,NY.11971-0959 Patricia Acampora Office Location: Eric Dantes Town Annex/First Floor, Robert Lennert,Jr. �, ,A,aa�Q 5437.5 Main Road(at Youngs Avenue) Nicholas Planamento COU Ni`l Southold,NY 11971 http://soutlioldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631)765-9064 MEMORANDUM To: Suffolk County Department of Health Services Attn: Craig Knapper From: Leslie Kanes Weisman, MA Chairperson Attn: Kim puentes, Board Assistant Date: December,29, 2020 RE: SpeciA_(EzceOon Application Review= _ • ,Request for Comments SEQR' Lead-Agency Request Coordinated Review under SEQR The purpose of this request is to seek-comments from your agency as part of the coordinated review under Article 8 (State Environmental Quality Review Act;SEQRA) of-the Environmental Conservation Law and 6 NYCRR Part 617. Please provide the following;,-as applicable: 1. Comments or requirements the Zoning Board of Appeals should take into consideration while reviewing the proposed project; 2. Issues of concern you believe should be evaluated; 3. Your jurisdiction in the action described below; 4. Your interest in assuming the responsibilities of lead agency under SEQR. The lead agency will determine the need for an Environmental Impact Statement (EIS) on this project. Within thirty (30) days of the date of this letter, please respond in writing whether or not you have an interest in being lead agency. The following page contains information pertaining to the project under review. For further information, please feel free to contact this office. I " - Special Exception Application of Suffolk County Energy Storage II ;Page 2 CC� Zoning Board of Appeals Position: - 1 (x) This agency wishes to assume lead agency status for this action. ( ) This agency has no objection to your agency assuming lead agency status for-this action. ( ) Other (see comments below) Comments: The application and coordinating documentation can be also viewed on the Town's L-aserfiche site at TownOfSoutholdlZoning Board of Appeals (ZBA)0oard ActionslPendinglSUFFOLK COUNTY--ENERGY,STORAGE,II - BATTERY STORAGE 1000-45=5-1 Please contacfKim-Fuentes at kimfasoutholdtowony.gov for assistance in_locating the-,file. ProjectsName`:SUFFOLC COUNTY EN`ERGY,STORAGE II _ Add4s:.6194"30 nRiad;.Cre"enport;`:NY; " TaX M'ap,#:,1000-45=�'1 - Requested,Act'io'n: This Special Exception Application is for-the pt6posed-construction-of public utility structures and uses; a battery-energy storage system facility that will interconnect to LIPA"Substation'" SEQRA Classification: O Type I ( ) Type II (X) Unlisted Contact Person: Kim Fuentes (631) 765-1809 kimf southoldtownny.gov Enclosures: • Project Overview prepared by Michael J. Finan, LPE, last revised December 10, 2020. • Special Exception Application received December 18, 2020. 2 BOARD MEMBERS =-_- = Southold Town Hall Leslie Kanes Weisman,Chairperson �� S0(/jyv Y 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes G Q Town Annex/First Floor, Robert Lehnert,Jr. 5437.5 Main Road(at Youngs Avenue) Nicholas Planamento OliYC0U1Y 1► Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809 P Fax(631)765-9064 December 29, 2020 PSEG Long Island x-75 Eastold Country oaT--- Hicksville,NY Attn: Sy Gruza and Lara Pomi-Urbat RE: Coordinated Review under SEQRA Special Exception,Application, Suffolk County Energy Storage II, LLC SCTM No. 1000-45=5-1 . Enclosed please find our request for a coordinated review under Article'8 (SEAM of the Environmental Conservation Law and 6 NYCRR Part 617 of the above referenced application.. Also,enclosed is the subject application, a Full Environmental Assessment Form and the site plan-Project Overview last revised December 10, 2020, as well as.other related documentation. If you have any questions or concerns,please do not hesitate to contact me at 631-765-1809 or email kimf@southoldtownnygov. Sinc ely, Kim E. Fuentes Board Assistant BOARD MEMBERS _ Southold Town Hall Leslie Kanes Weisman,Chairperson 0��6F ypl 53095 Main Road•P.O.Box 1179 p Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes G Q Town Annex/First Floor, Robert Lehnert,Jr. ��. • �O 54375 Main Road(at Youngs Avenue) Nicholas PlanamentoC000��v Southold,NY 11971 S http://southoldtownny.gov p ® ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631)765-9064 MEMORANDUM To: Public Service'Electric and Gas Company (P'SEG) LIPA, Customer Service Oversight and Stakeholder Relations From: Leslie Kanes Weisman, ZBA Chairperson Attn: Kim Fuentes, Board Assistant Date: December 29, 2020 RE: Special Exception Application Review— - • Request for Comments T -SEAR Lead Agency Request Coordinated Review under SEAR The.purpose'of this "request is to seek comments from your agency as part of the coordinated review under-Article 8 (State Environmental Quality Review Act -SEQRA) of the Environmental Conservation Law and 6 NYCRR Part 617. Please-provide the following, as applicable: 1. Comments or requirements the Zoning Board of Appeals should take into consideration while reviewing the proposed project; 2. Issues of concern you believe should be evaluated; 3. Your jurisdiction in the action described below; 4. Your interest in assuming the responsibilities of lead agency under SEAR. The lead agency will determine the need for an Environmental Impact Statement (EIS) on this project. Within thirty (30) days of the date of this letter, please respond in writing whether or not you have an interest in being lead agency. The following page contains information pertaining to the project under review. For further information, please feel free to contact this office. -:—Special Exception Application of Suffolk County Energy Storage-II Page 2 Zoning Board of Appeals Position: (x) This agency wishes to assume lead agency status for this action. ( ) This agency has no objection to your agency assuming lead agency status for this action. O Other (see comments below) Comments: The application and coordinating documentation can be also viewed on the Town's Laserfiche site at TownOfSoutholdlZoning Board of Appeals (ZBA)1Board ActiornslPendidglSUFFOLK COUNTY ENERGY STORAGE II - BATTERY STORAGE 10-00-45-5-1 Please contact Kim Fuentes at kimf(c_southoldtownny.gov for assistance,in locating the'file. Project Name: SUFFOLK COUNTY ENERGY STORAGE II Address: 69430 Main Road, Greenport, NY Tax,Map #: 1000-45-5' 1- Requested Action: This Special Exception Application is for the proposed construction of public utility structures and'uses; a battery energy storage system facility that-will interconnect to LIPA Substation SEQRA Classification: O Type I ( ) Type II (X) Unlisted Contact Person: Kim Fuentes (631) 765-1809 kimf(c_so-utholdtownny.gov Enclosures: • Project Overview prepared by Michael J. Finan, LPE, last revised December 10, 2020. • Special Exception Application received December 18, 2020. 2 I 1 BOARD MEMBERS .. _ - = OF SOU Southold Town Hall- - _ Leslie Kanes Weisman,Chairperson �� ry0 53095 Main Road•P.O.Box 1179 �� lQ Southold,NY 11971-0959: Patricia Acampora Office Location: Eric Dantes G Q Town Annex/First Floor, Robert Lehnert,Jr. 54375 Main Road(at Youngs Avenue) Nicholas Planamento O`''Cvuo Southold,NY 11971 http://southoldto*my.gov ZONING BOARD OF APPEALS A401 TOWN OF SOUTHOLD Tel.(631)765-1809•,Fax.(631)765-9064 December 29, 2020 Kimberly Kennedy _ Suffolk County Water Authority 4060 Sunrise Highway Oakdale,NY '11769 RE: Special,Exception Application Suffolkcounty Energy-Storage II, LLC, SCTM No.1000-4 =5=7 - -Dear,Ms. Kennedy, Enclosed please find our "request for a-c6ordinated review urider;Arficle 8 (SEQRA) of tlie, Environmental Conservation Law and 6 NYCRR Part 611-7 of the above referenced application., Also enclosed is the subject application, a Full Environmental Assessment Form and the site plan-Project Overview last revised December 10, 2020, as well as other related documentation. If you have any questions or concerns, please do not hesitate to contact me at 631-765-1809 or email kimf@southoldtownny.aov. Sincerely, Kim E. Fuentes Board Assistant 1 BOARD MEMBERS Southold Town Hall = Leslie Kanes Weisman,Chairperson O��QF S�U�yOI 53095 Main Road-P.O.Box 1179 p Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes CA Town Annex/First Floor, Robert Lehnert,Jr. • �� 54375 Main Road(at Youngs Avenue) Nicholas Planamento Olij'C�U Southold,NY 11971 http://soutboldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD ' A,LV Tel.(631).765-1809-Fax(631)765-9064 MEMORANWK To:, Suffolk County Water Authority Attn: Kimberly-Ken'edy From: Leslie Kanes Weisman, 213A Chairperson Attn: Kim Fuentes, Board Assistant Date: December 29, 2020 'RE: Spectal-.Exception:,Application RevieW— _ Requestfo`r_EoFnments .: SEQR:Lead Agency,Request. • Coordinated Review under SEAR The purpose of this request is to_seek comments from.your agency as part of the coordinated- review under Article 8 (State Environmental Quality Review Act -SEQRA)-of,the Environmental Conservation Law and 6 NYCRR Part 617. Please provide the following; as applicable: 1. Comments or requirements the Zoning Board of Appeals should take into consideration while reviewing the proposed project; 2. Issues of concern you believe should be evaluated; 3. Your jurisdiction in the action described below; 4. Your interest in assuming the responsibilities of lead agency under SEQR. The lead agency will determine the need for an Environmental Impact Statement (EIS) on this project. Within thirty (30) days of the date of this letter, please respond in writing whether or not you have an interest in being lead agency. The following page contains information pertaining to the project under review. For further information, please feel free to contact this office. r - - Special Exception Application of Suffolk County Energy Storage II - Page 2 Zoning Board of Appeals Position: (x) This agency wishes to assume lead agency status for this action. ( ) This agency has no objection to your agency assuming lead-agency status,for this action. (.) Other (see comments below) Comments: The application and coordinating documentation can be also viewed•on the Town's Laserfiche site at TownOfSoutholdV-oning Board of Appeals (ZBA)1Board Actions\PendinglSUFFOLK COUNTY ENERGY STORAGE II - BATTERY STORAGE 1000-45.5-1 Please contact Kim Fuentes at kimf(q-)-southoldtownny.gov for assistance in locating thafile. Rroject•Name:=SUFFOLK COUNTY-ENERGY=STORAGE'll i Add-696:,,6.9430Main Road; Oreehport,:_NY•'~ ,• «, - , Tax`Ma,p=�#:-'1000'=45-5-.1 - • • - - =,. .. ' _', " _: . ,. . . • _ Requested Action: This Special Exception Appk ation:is for tfYe`propos d construction df:= public utility structures and uses; a battery'energy storage syste,m-facility•thot will interconnect to LIPA Substation SEQRA Classification: O Type I ( ) Type " (X) Unlisted Contact Person: Kim Fuentes (631) 765-1809 kimfCD-southoldtownny.gov Enclosures: • Project Overview prepared by Michael J. Finan, LPE, last revised December 10, 2020. • Special Exception Application received December 18, 2020. 2 - BOARD MEMBERSU Southold Town Hall �QF SO Leslie Kanes Weisman,Chairperson x- jyO 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes Town Annex/First Floor, Robert Lehnert,Jr. • COQ 54375 Main Road(at Youngs Avenue) Nicholas PlanamentoCOO Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631)765-9064 December 29, 2020 Board of Trustees Town of Southold RE: Special Exception Application Suffolk`County Energy Storage II, LLC ,WTM No. 1000-45-5-1 -Enclosed.please,find our request fora coordinated review under Article 8-(SEQRA) of the , Environmental Conservation Law and 6'NYCRR Part 617 of the above referenced application. Alsoenclosed is the-subject application, a'Pull Environmental Assessment Form and the_site`.` plan-Project Overview last revised Decbmber 10, 2020, as well as other related documentation. . If-you have any questions or concerns,please do not,hesitate to contact me at 631-765-1809-or. email kimfgsoutholdtownny.gov. Sincerely, Kim E. Fuentes Board Assistant BOARD MEMBERS �O� SSU Southold Town Hall Leslie Kanes Weisman,Chairperson w jy0 53095 Main Road•P.O.Box 1179 �O 1p Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes CATown Annex/First Floor, Robert Lehnert,Jr. � • �O� 54375 Main Road(at Youngs Avenue) Nicholas Planamento Olif'COU Southold,NY 11971 http:%/southoldtownny.gov S ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631),765-1809 Fax(631)7, 65-9064 MEMORANDUM To: Town of Southold Board of Trustees From: Leslie Kanes Weisman, ZBA Chairperson Attn:"Kim Fuentes, Board-Assistant E , Date: December 29, 2020' AE: Special Exception Application Review Request.for Comments SWR,Lead Agene'y Request Coordinated Review under SEQR The purpose of this request is to"seek comments from your agency as part of the,coordinated review under Article 8 (State Environmental Quality,Review Act=SEQRA) of the Environmental Conservation Law and 6 NYCRR Part 617: Please provide;the following, as applicable: 1. Comments or requirements the Zoning Board of Appeals should take into consideration while reviewing the proposed project; 2. Issues of concern you believe should be evaluated; 3. Your jurisdiction in the action described below; 4. Your interest in assuming the responsibilities of lead agency under SEQR. The lead agency will determine the need for an Environmental Impact Statement (EIS) on this project. Within thirty (30) days of the date of this letter, please respond in writing whether or not you have an interest in being lead agency. The following page contains information pertaining to the project under review. For further information, please feel free to contact this office. - - - Special Exception Application of Suffolk County Energy Storage,ll-, Page 2 Zoning Board of Appeals Position: (x) This agency wishes to assume lead agency status for this action. ( ) This agency has no objection to your agency assuming lead agency status for this action. O Other (see comments below) Comments: The application and coordinating documentation can be also viewed on the Town's- Laserfiche site:at TownOfSou'tholdlZoning_Board of Appeals (ZBA)1Bo6rd ActionslPendinglSUFFaLK COUNTY ENERGY STORAGE II - BATTERY STORAGE 1000-45-5-1 Please contact Kim Fuentes at kimf _southoldtownny.gov for assistance in-locating the file. Prolect�Naine: SUFFOLK COUNTY ENERGY STORAGE" It . Address:'694'30.Main Road, Greenpoit;,:NY ; Taz:Map-#:'1 Q;00-45-5-1 - y�. Requested',-Action: This Special Exception Application is for the proposed"construction bf public"utility structures and uses; a battery energy-storage system facility that will interconnect to LIPA Substation _ SEQRA Classification: ( ) Type I ( ) Type II (X) Unlisted Contact Person: Kim Fuentes (631) 765-1809 kimf(cD-southoldtownny.gov Enclosures: • Project Overview prepared by Michael J. Finan, LPE, last revised December 10, 2020. • Special Exception Application received December 18, 2020. 2