Idea Transcript
4.0
SOCIAL EFFECTS
This chapter describes the socioeconomic effects of the proposed Long Island Truck-Rail Intermodal (LITRIM) Facility. The No Build and Build alternatives were analyzed to determine the potential effects of each upon land use and zoning in the study area, neighborhood services and resources, and safety and security in the study area. Whether the project would result in any residential or commercial displacements and its potential to disproportionately affect minority or low-income populations was also assessed. The major sections below include descriptions of the study area for each topic, the laws and regulations that apply, the methods used to make the assessments, the existing conditions of each resource, the potential effects of the proposed project, and proposed mitigation measures. Study area definitions vary according to the topic being evaluated. For topics such as land use and zoning, primary and secondary study areas were defined to capture the full range of project effects. For safety and security, the study area is limited to the immediate vicinity of project facilities and improvements. 4.1
LAND USE AND ZONING
This section describes the existing land use and zoning patterns of the proposed LITRIM Facility site and the primary and secondary study areas surrounding the project site. Relevant land use and development policies of Suffolk County and the Towns of Islip, Babylon, Huntington, and Smithtown that pertain to the project area and related study areas, as reflected in adopted plans and studies, are also discussed. The potential for construction-related effects to land use and zoning is discussed in Section 5.14. The primary study area, encompassing all land within one-half mile of the proposed intermodal yard site, includes areas in which the proposed facility could have the greatest potential impact on existing land uses and zoning patterns. The secondary study area includes lands within one mile of the proposed intermodal yard site and is used to establish the general land use patterns and zoning code regulations of the surrounding area. Zoning is a local municipality’s expression of land use policy for a given area, and is discussed within each area. In addition, broader public policies that apply town-wide or regionally are described. Information relative to existing land use and zoning was obtained through several sources, including Suffolk County Real Property data supplemented by field surveys conducted in the summer and fall of 2004 and winter 2006; the zoning codes for the Towns of Islip, Babylon, Huntington, and Smithtown; various photographic documentation; and municipal reports and documents.
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4.1.1
Social Effects
Affected Environment
The following section describes the existing land use and zoning of the proposed intermodal yard site and the surrounding study areas. Land Use Project Site. The proposed intermodal facility site, currently owned by the State of New York, occupies 105 acres in the northwestern corner of the Town of Islip, along its border with the towns of Huntington and Babylon (Figure 4-1). The facility would connect to the Long Island Rail Road (LIRR) Main Line via an abandoned rail spur to the east of the existing Heartland Business Center. The project would also include roadway improvements along G Road/Campus Road, the portion of Crooked Hill Road between G Road and the Long Island Expressway (LIE), and Sagtikos Parkway/LIE interchange ramps. The proposed site, which was once part of the original Pilgrim State Psychiatric Hospital property, is bordered to the north by the Pilgrim Psychiatric Center, to the east by the Sagtikos Parkway right-of-way, to the south by the Heartland Business Center and Business Center Expansion, and to the west by New York Power Authority (NYPA) and Long Island Power Authority (LIPA) utilities and the New York State Department of Environmental Conservation (NYSDEC) Oak Brush Plains Edgewood Preserve (Edgewood Preserve). The proposed yard is presently vacant, and the majority of the site is disturbed and was formerly used for sanitary recharge beds for the original Pilgrim hospital. Portions of the northeastern, southern, and western periphery of the proposed site are largely undisturbed, with vegetated habitat including pitch-pine oak forest. At the eastern border of the site, the area appears to have been used for sand mining and maintains a recharge basin used for stormwater collection. The areas immediately adjacent to the proposed yard within the original Pilgrim State Hospital property are generally unoccupied and sparsely vegetated, while the adjacent Sagtikos Parkway right-of-way is densely vegetated. The Heartland Business Center, abutting the southern yard boundary, is built-out on the eastern side, and an expansion is under construction on the western side. The utilities adjacent to the west include NYPA’s Brentwood Generating Facility, the LIPA Edgewood Generating Facility, and the LIPA Brentwood Substation, along with a number of former sanitary recharge beds for the Pilgrim property. Primary Study Area. Figure 4-1 depicts the land use pattern within one-half mile of the project site. A large portion of this study area is associated with the original Pilgrim property that has now been divided into several parcels with varied uses. As stated, the Pilgrim Psychiatric Center is located to the north of the project site where several buildings are in active use associated with the psychiatric center. However, several buildings within the complex are unoccupied and have been closed for an extended period of time. Portions of the Pilgrim property, north and east of the Pilgrim Psychiatric Center, comprising about 452 acres both east and west of the Sagtikos Parkway have been sold to a private developer who has proposed a mixed-use residential, commercial, and retail development known as the Heartland Town Square. This application is presently under review by the Town of Islip and includes up to 9,000 apartments, a 15-story, 3 million square foot office building, significant amounts of retail space, and a new aquarium (100,000 square feet). The Heartland Town Square Project would also include open space preservation.
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LONG ISLAND TRUCK-RAIL INTERMODAL (LITRIM) FACILITY New York State PROJECT Department of Transportation
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LONG ISLAND TRUCK-RAIL INTERMODAL (LITRIM) FACILITY New York State PROJECT Department of Transportation
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Figure 4-2 Existing Zoning
Draft Environmental Impact Statement
Social Effects
To the northeast of the LITRIM project site east of the Sagtikos Parkway is Suffolk County Community College and Brentwood North Middle School, and to the east is additional land associated with the proposed Heartland Town Square. South of the project site is the Heartland Business Center, an industrial park catering to both industrial and commercial business uses. Another large land use within the primary study area is the Edgewood Preserve, located west of the proposed yard in the Towns of Babylon and Huntington. This preserve, owned by New York State, includes more than 850 acres of passive open space formerly occupied by Edgewood State Hospital, which has since been demolished. In addition to the open areas associated with the Edgewood Preserve that provide visual and noise barriers to the residential uses to the west, the Sagtikos Parkway right-of-way maintains large buffers of dense vegetation both east and southeast of the project site that provide visual and sound barriers to the residential uses to the east. Residential uses begin to emerge along the northern, northwestern, eastern, and southeastern half-mile study area boundary, as shown in Figure 4-1. Specifically, residential properties are found east of Sagtikos Parkway and the project site; east and west of Crooked Hill Road, east of the project site; south of Pine Aire Drive and the project site; and along the eastern and western sides of Commack Road, northwest of the site. The Town of Babylon is the only town that does not contain residential uses within the primary or secondary study areas. Other significant uses in the primary study area include open space and recreation associated with Brentwood State Park and Garnet Drive Park, east of Crooked Hill Road, Heartland Golf Park north of the LIRR tracks, and commercial uses north of the Long Island Expressway in the Town of Smithtown. In addition, institutional uses are found east of the project site within the Town of Islip. Secondary Study Area. In general, the secondary study area contains multiple land uses located near regional transportation modes and is dominated by residential uses primarily to the northwest, east, and southeast. The regional mix of uses varies from vacant, passive open space and residential areas to active recreational, institutional, commercial, and industrial activities. The northern and northeastern portion of the study area located in the Town of Smithtown are dedicated to commercial uses, and the southwestern portion of the study area within the Town of Babylon is dedicated to industrial uses. The Edgewood Preserve is also located partially within the secondary study area. Additional parks include Danny Hommel, Ellery, Vazquez, and Benton in the Town of Islip; Thornwood Preserve, Northpoint, Gleason Drive, and Otsego in the Town of Huntington; and Hoyt Farm Preserve in the Town of Smithtown. Further, institutional uses are found scattered throughout the eastern and southern portions of the secondary study area, including religious institutions, schools, and community services. Also interspersed in the secondary study area are infill vacant lands and utilities associated with residential recharge basins. Zoning Project Site. The project site, entirely located within the Town of Islip, is zoned Residence AAA (Figure 4-2). This zoning category is intended for residential and other related or similar uses on lots of at least 40,000 square feet. However, because NYSDOT is a State agency and the proposed yard is a transportation facility, development of this project would be exempt from local zoning regulations.
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Social Effects
Primary Study Area. There are 23 different zoning categories, in four towns, designated in the primary study area. The dominant zoning districts within this study area in the Town of Islip include Residence AAA, a low-intensity residential zone associated with the original Pilgrim property, and Industrial 1 associated with the industrial and commercial uses south of the proposed project site. Table 4-1 provides the use and bulk restrictions for all zoning districts in the Town of Islip within the primary and secondary study areas. To the southwest of the project site, within the Town of Babylon, Residence A is the dominant district in the primary study area, which allows for residential uses on lots of at least 12,500 square feet (see Table 4-2 for all Town of Babylon districts within the specified study areas). To the west, in the Town of Huntington, three zoning districts are equally represented in the primary study area, including R40 (Residence) requiring a minimum lot size of 1 acre, R-20 requiring a minimum lot size of 0.5 acres, and R-15 allowing a minimum lot size of 15,000 square feet (Table 4-3). Within the Town of Smithtown, north of the project site and the Long Island Expressway, the dominant zoning categories include R-10 (10,000 square foot minimum lots) and Light Industry (Table 4-4). In addition, business districts are present in the Town of Islip (south of the Long Island Expressway and the LIRR tracks) as well as in the Town of Smithtown (east and west of the Sagtikos Parkway). TABLE 4-1: TOWN OF ISLIP ZONING DISTRICTS IN STUDY AREA Zoning Districts
Permitted Uses
Lot and Bulk Limitations
Residential Districts AAA
Single-family detached dwellings, church or similar place of worship, parish house, public school, public library or municipal museum, municipal park, municipal playground or municipal recreation building or use, railway right-of-way or passenger station, but not including railway yards or freight stations, agriculture or nursery uses.
Minimum plot size: 40,000 sf Minimum lot frontage: 150 ft Maximum height: 35 ft
AA278
Same as AA but allows cluster development
Project specific
AA
Same as AAA
Minimum plot size: 40,000 sf (nonresidential) Minimum lot frontage: 150 ft (nonresidential) Maximum height: 35 ft
A
Same as AAA
Minimum plot size: 40,000 sf (nonresidential) Minimum lot frontage: 100 ft (nonresidential) Maximum height: 35 ft
B
Same as AAA
Minimum plot size: 40,000 sf (nonresidential) Minimum lot frontage: 100 ft (nonresidential) Maximum height: 2 stories or 28 t
C
Senior citizen apartments, senior citizen attached or detached single-family dwellings
Minimum plot size: 40,000 sf (apts) Minimum lot frontage: 200 ft (apts) Maximum height: 35 ft
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TABLE 4-1: TOWN OF ISLIP ZONING DISTRICTS IN STUDY AREA Zoning Districts
Permitted Uses
Lot and Bulk Limitations
CA
Apartment house and garden apartment, attached or detached single-family dwellings
Minimum plot size: 80,000 sf (apts) Minimum lot frontage: 200 ft (apts) Maximum height: 2 stories or 35 ft
Commercial Districts GSD (General Service District)
Offices, hospital, funeral parlor/home, child day-care center, adult day-care facility, veterinarian
Minimum lot size: 20,000 sf Minimum lot frontage: 100 ft Maximum height: 35 ft
GST
Single-family dwelling, two-family dwelling, offices, child and adult day-care facilities, public schools, churches or other similar places of worship, libraries or municipal building, veterinarian and dog and cat grooming
Minimum lot size: 10,000 sf (nonresidential) Minimum lot frontage: 100 ft Maximum height: 2 stories or 35 ft
BUS1
Single-family detached dwelling, two-family detached dwelling, public school, store, bank, office, broadcasting studio, Laundromat, community building, private or parochial school, personal service establishments, retail dry-cleaning establishment, retail business, nonprofit fraternity or lodge, church or similar place of worship or parish house, child daycare center, funeral parlor/home, health club, veterinarian
Minimum lot size: 7,500 sf (business) Minimum lot frontage: 65 ft Maximum height: 35 ft
BUS2
Single-family detached dwelling, two-family detached dwelling, store, bank, office, broadcasting studio, Laundromat, community building, personal service establishments, dry-cleaning, nonprofit fraternity or lodge, church or similar place of worship or parish house, automobile parking field, health club, veterinarian, child day-care center, private or parochial school, college dormitory, bar, boardinghouse or lodging house, psychiatric clinics, health related facilities
Minimum lot size: 7,500 sf (business) Minimum lot frontage: 65 ft Maximum height: 35 ft
BUS3
Single-family detached dwelling, two-family detached dwelling, store, bank, office, retail business, broadcasting studio, private or parochial school, nonprofit fraternity or lodge, church or similar place of worship or parish house, child day-care center, health club, veterinarian, historical or memorial monument, commercial automobile parking field, public school
Minimum lot size: 7,500 sf (business) Minimum lot frontage: 65 ft Maximum height: 35 ft
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TABLE 4-1: TOWN OF ISLIP ZONING DISTRICTS IN STUDY AREA Zoning Districts
Permitted Uses
Lot and Bulk Limitations
IND1
Office, manufacturing and warehouse, transfer station/recycling center, health club, bank, psychiatric clinic, drug treatment center or similar health related facility, nonprofit fraternity or lodge, church or similar place of worship, historical or memorial monument, railway right-of-way or passenger station but not including railway yards or freight stations, veterinarian, agriculture or nursery, park, municipal playground or municipal recreation building or use, child day-care center, supply house and wholesale establishment, public school, private or parochial school, research and development uses involving laboratories for scientific or industrial research, testing and development, printing plants, commercial laundry establishments, mini storage warehouse.
Minimum lot size: 20,000 sf Minimum lot frontage: 100 ft Maximum height: 4 stories or 60 ft
IND2
Unlike the rest of the Town Zoning Code, uses permitted in this district are presented as “Any lawful permitted purpose”, with the exception of a substantial list of prohibited uses. In addition to residential uses including one-family dwellings, two-family dwellings, apartment houses, garden apartments, boardinghouses, lodging houses, hotels, nursing homes, and convalescent homes, these prohibited uses include a long list of offensive industrial uses
Minimum lot size: 20,000 sf Minimum lot frontage: 75 ft Maximum height: 4 stories or 60 ft
Industrial Districts
Source: Chapter 68 (Zoning), Code of the Town of Islip, 2001 Note: Accessory uses as well as special exceptions are permitted in all of the above mentioned zoning districts subject to the restrictions and limitations set forth in the Town of Islip Zoning Code.
TABLE 4-2: TOWN OF BABYLON ZONING DISTRICTS IN STUDY AREA Zoning Districts
Permitted Uses
Lot and Bulk Limitations
Residential Districts A Residence
Permitted uses include one-family dwellings, places of worship, public parks, playgrounds, recreational areas, elementary or high schools, colleges or universities, agricultural occupations, office, golf courses and country clubs not less than 50 acres, and accessory structures.
Minimum lot size: 12,500 sf Minimum frontage: 100 ft Maximum height: 2 ½ stories, 35 ft
C Residence
Same uses as permitted in A Residence, as well as hospitals and private clubs.
Minimum lot size: 1 acre Minimum frontage: 40 ft Maximum height: 2 stories, 35 ft
Commercial Districts E Neighborhood Business
Retail, personal service shops, banks, theaters, offices, undertaking, minor garages, on-premises food and beverage consumption.
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Minimum lot size: 10,000 sf Minimum lot frontage: 50 ft Maximum height: 35 ft
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Draft Environmental Impact Statement
Social Effects
TABLE 4-2: TOWN OF BABYLON ZONING DISTRICTS IN STUDY AREA Zoning Districts
Permitted Uses
Lot and Bulk Limitations
G Industry
All uses permitted in the E Business district and any other use unless prohibited.
Minimum lot size: 15,000 sf Minimum lot frontage: 50 ft Maximum height: 35 ft
Ga Industry
All uses permitted in the G Industry and E Business district except dwelling units.
Minimum lot size: 40,000 sf Minimum lot frontage: 100 ft Maximum height: 35 ft
Industrial Districts
Source: Chapter 213, Code of the Town of Babylon, 2006 Note: Accessory uses as well as special exceptions are permitted in all of the above mentioned zoning districts subject to the restrictions and limitations set forth in the Town of Babylon Zoning Code.
TABLE 4-3: TOWN OF HUNTINGTON ZONING DISTRICTS IN STUDY AREA Zoning Districts
Permitted Uses
Lot and Bulk Limitations
Residential Districts R-40 Residence
Permitted uses include: Single-family dwellings, farm, nursery, truck garden, country estate, church, temple, parish houses, convents, monasteries, public school, private elementary and secondary schools, library, museum or art gallery, Town park, playground, athletic field, beach, bathhouse, boathouse, marina or other town recreational use, municipal parking field, fire station, municipal water supply reservoir, tank, standpipe, pumping station or filter bed., as well as all accessory uses of R-80 zone.
Minimum lot size: 1 acre Minimum frontage: 40 ft Maximum height: 2 stories, 35 ft
R-20 Residence
Same as R-40
Minimum lot size: 20,000 sf Minimum frontage: 40 ft Maximum height: 2 stories, 35 ft
R-15 Residence
Same as R-40, with telephone exchange also allowed.
Minimum lot size: 15,000 sf Minimum frontage: 40 ft Maximum height: 2 stories, 35 ft
Source: Chapter 198 Zoning Ordinance of the Town of Huntington, 2006 Note: Accessory uses as well as special exceptions are permitted in all of the above mentioned zoning districts subject to the restrictions and limitations set forth in the Town of Huntington Zoning Code.
TABLE 4-4: TOWN OF SMITHTOWN ZONING DISTRICTS IN STUDY AREA Zoning Districts
Permitted Uses
Lot and Bulk Limitations
Residential Districts R-10 One-Family
Single-family dwellings, church or similar place of worship, cemetery, convent or monastery, fire or ambulance station, park, playground, or nature preserve, public library, museum, elementary or high school, and agriculture. Certain community and recreational uses permitted by special exception.
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Minimum lot area: 10,000 sf Minimum frontage: 75 ft Maximum height: 2½ stories, 35 ft
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Draft Environmental Impact Statement
Social Effects
TABLE 4-4: TOWN OF SMITHTOWN ZONING DISTRICTS IN STUDY AREA Zoning Districts
Permitted Uses
Lot and Bulk Limitations
Community Facility Special Purpose
Community facility uses such as religious, educational, recreational, institutional, agricultural, environmental, and municipal facilities that serve community and regional needs.
Maximum lot area: 5 acres Maximum floor area: 10 percent of lot area Maximum height: 3 stories, 35 ft
Commercial Districts Neighborhood Business
Intended to encourage moderate-intensity retail, office and service development and uses that are compatible in scale and character with, and are designed principally to serve the needs of the adjoining neighborhoods and are adequately buffered from residential districts.
Minimum lot area: 7,500 sf Maximum floor area: 50 percent of lot area Maximum height: 2½ stories, 35 ft
Shopping Center Business
Retail shopping centers composed principally of groups of retail service establishments of integrated architectural and site design, to serve community-wide or regional needs.
Minimum lot area: 2 acres Maximum floor area: 40 percent of lot area Maximum height: 2½ stories, 35 ft
Office Business
Intended to encourage office development of high aesthetic areas unsuitable for residential development and are inappropriate for intensive commercial or industrial uses.
Minimum lot area: 20,000 sf Maximum floor area: 30 percent of lot area Maximum height: 2½ stories, 35 ft
Wholesale & Service Industry
Intended to provide adequate land along appropriate arterial highways for automotive-related non-retail needs and for uses that require extensive land for outdoor storage and for uses that do not generate large traffic volumes.
Minimum lot area: 20,000 sf Maximum floor area: 50 percent of lot area Maximum height: 35 ft
Light Industry
For office research and development, wholesale and light manufacturing on sites of high aesthetic character, with adequate buffering from adjoining residential neighborhoods. Uses permitted in this district include: places of worship, fire or ambulance station, golf course or country club of 50 acres of more, park, playground, or nature preserve, public library, museum, elementary or high school, agriculture, bank, broadcast studio or station not including antennae, fitness center, medical laboratory, mini-storage warehouse, office, restaurant, studio, vocational school, printing plant or laundry/dry cleaning more than 4,000 square foot floor area, research laboratory, non nuisance industry, warehouse, and wholesale business distributor.
Minimum lot area: 80,000 sf Maximum floor area: 42 percent of lot area Maximum height: 35 ft
Industrial Districts
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TABLE 4-4: TOWN OF SMITHTOWN ZONING DISTRICTS IN STUDY AREA Zoning Districts
Permitted Uses
Lot and Bulk Limitations
Heavy Industry
For safe and efficient heavy industrial activities. Uses permitted in this district include: places of worship, church or similar places of worship, fire or ambulance station, golf course or country club of 50 acres or more, park, playground, or nature preserve, adult entertainment, adult retail shop, agriculture, lumber yard, medical laboratory, mini-storage warehouse, office, taxi or limousine establishment, outdoor tennis or racquet club, indoor tennis or racquet club, manufacturing, forge plant, foundry, fuel storage or distribution, laundry or dry-cleaning plant of more that 4,000 square feet, machine shop, monument manufacture, non-nuisance industry, plating works, printing plant more than 4,000 square feet floor area, research laboratory, warehouse, and wholesale business distributor.
Minimum lot area: 80,000 sf Maximum floor area: 50 percent of lot area Maximum height: 40 ft
Source: Chapter 322, Zoning, Town of Smithtown Code, 2006 Note: Accessory uses as well as special exceptions are permitted in all of the above mentioned zoning districts subject to the restrictions and limitations set forth in the Town of Smithtown Zoning Code.
Secondary Study Area. Similar to the primary study area, the larger secondary study area is dominated by residential districts, though industrial districts are highly prevalent. In addition, higher density zones (i.e., development on smaller lots) are noted in all four towns within the secondary study area. There are seven additional zoning districts found in this study area, including Islip’s AA278 district, a residential zone that permits cluster development and General Service T (GST) district; Smithtown’s Community Facility (associated with institutional uses) and Neighborhood Business districts; and Babylon’s C Residence (1-acre lots), E Neighborhood Business, and G Industry districts. Land Use Plans and Policies Special Groundwater Protection Area Plan. Article 55 of New York State's Environmental Conservation Law established the Special Groundwater Protection Planning Project on Long Island. Prepared under the direction of the Long Island Regional Planning Board and released in 1992, the Long Island Comprehensive Special Groundwater Protection Area Plan identifies nine special groundwater protection areas (SGPAs) in Nassau and Suffolk counties. The proposed LITRIM Facility site is entirely within the Oak Brush Plains SGPA. See Section 5.4 for further information regarding the Oak Brush Plains SGPA. Town of Islip. The Town of Islip Comprehensive Plan was completed in 1979 and was based upon the precept “to simply improve the quality of life for every Islip citizen.” This was to be achieved by adherence to the following seven goals: 1. Promote housing which satisfies the needs and tastes of Islip citizens for the entire range of income levels in the Town. 2. Protect the natural resources and environment of Islip. 3. Provide recreational services of all kinds in adequate supply and easily accessible to all the Town’s people.
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4. Provide or promote efficient, quality public services, including transportation, education, health, safety, and consumer protection. 5. Promote the development of identifiable communities and corresponding social activities. 6. Promote only those commercial and industrial developments that are compatible with local employment needs and surrounding environments. 7. Promote attractive environments that enhance the value of life with aesthetically pleasing surroundings. The plan recommended that the project site be retained in its then-extant institutional use. Since 1979, the Town of Islip has continued its planning process in a series of issue- or area-specific planning studies, intended to implement many of the recommendations of the plan. However, by 1989 it became apparent that, despite the efforts of the Town, the plan needed updating in response to the changing development climate, the evolving population characteristics of Town residents, and the community resources needs of its residents. As a result, a comprehensive plan update process began in the early 1990s to address the following issues:
Groundwater protection and solid waste management;
Housing;
Transportation;
Community identity;
Commercial and industrial development;
Open space and recreation; and
Community facilities.
At the present time, the Town is in the early stages of gathering data on the current status of pertinent Town conditions, as well as amassing public input on the various issues of concern to be addressed in a comprehensive plan update. Town of Babylon. The proposed LITRIM Facility site is not located within the Town of Babylon but abuts the town’s extreme northeastern boundary. Accordingly, the following discussion of the Town’s current planning document, its applicability to the proposed project, and the project’s conformance with its recommendations, has been prepared. In the early 1990s, the Town of Babylon formed a Master Plan Task Force to determine issues of townwide concern as an initial step in preparing a new town comprehensive plan. By early 1998, the Town had completed its draft Comprehensive Plan, which stated the following in regard to the goals and intent of the plan: There are a number of things that can and should be done to make Babylon a stronger community. The purpose of this plan is to bring these actions to life. In particular, five major themes for strengthening of the Town have been identified by the public and Town staff during the preparation of this plan including:
Maintain and Strengthen the Town’s Suburban Character;
Respond to the Changing Population;
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Improve the Quality of Life in Economically-Distressed Areas;
Promote Jobs and Economic Development; and
Foster Stewardship of Sensitive Natural Resources.
The plan includes a survey of existing land uses in the town; it indicates that the northeastern corner of the town, abutting the southwestern corner of the project site, remain in “public service” use. Presumably, this refers to the Edgewood State Hospital, which previously occupied this area that is now preserved as open space (Edgewood Preserve). Town of Huntington. Similar to the Town of Babylon, the project site does not include any land in the Town of Huntington, and therefore the current and anticipated new land use plans of the Town of Huntington (see below) will not apply to the project site. However, as the entire western boundary of the project site abuts the Town border, the following discussion of the applicable Town of Huntington land use plans has been prepared. The Town is now in the early stages of preparing a new comprehensive plan, to be finalized in late 2007. There are at present no finalized planning documents associated with this new plan; however, the Town has prepared a Draft Vision Statement for this effort. The Draft Vision Statement, released in June 2004 for public review and comment, will be revised and refined for final approval and adoption by the Town. Subsequent actions by the Town will include preparation of a number of issue-specific studies, preparation of a draft comprehensive plan, a period of public review and comment, and preparation of the final comprehensive plan. The current Town of Huntington Comprehensive Plan was adopted in 1965 and updated in 1993. The updated plan was developed to represent a vision for the Town of Huntington for the year 2000. It describes the existing conditions of the Town as they were prior to 1993 and puts forth a number of recommendations with regard to transportation, environmental conditions, housing, economic development, community facilities, parks, open space, and historic resources. These recommendations provide planners and developers with land use controls as well as guidance on ways to sustain the town’s integrity while also promoting economic stability. Recommendations presented in the Comprehensive Plan Update that pertain to the project area include: Institute land use and zoning policies which curtail development that generates high volumes of traffic, particularly in congested areas. Similarly, encourage complementary land uses with peak-hour traffic characteristics at times other than typical commuter travel periods. Town of Smithtown. The latest comprehensive plan drafted by the Town of Smithtown was adopted in 1956. Since this plan is almost 50 years old, it was not considered an applicable public policy with regard to this project. The Town of Smithtown has recently undertaken the task of drafting a new master plan that will address management and redevelopment of parks and facilities, and examine demographics and housing, land use, and traffic and transportation. In late 2006, the Town prepared a draft Goals and Objectives Statement for the update to the comprehensive plan. The goals identified as important to the town, as a whole, to improve the quality of life for all residents include:
Develop and enhance the community’s “sense of place” in order to provide a strong community identity;
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Manage and modernize the infrastructure so that it becomes more efficient while it serves the needs of the community;
Enhance the environment and cultural resources through protection, preservation, and management;
Improve the local economy in terms of business activities, taxes, employment, and property values so as to provide an attractive, affordable, and livable community;
Provide for needs of all segments of the population; and
Provide for existing and future trends in land use, communication technology, transportation, and related fields to remain competitive and economically viable in the 21st century.
4.1.2
Land Use Effects
In addition to the proposed project, there are currently two pending development applications in the project’s vicinity that are anticipated to be completed or under construction in the near future, as well as one recently completed development (Figure 4-3). These include:
Heartland Business Center Expansion. This action involves the mapping and construction of a public road and industrial park expansion (1.3 million square feet) on an 87-acre property in the northwestern corner of the existing Heartland Industrial Park, just east of NYSDEC’s Edgewood Preserve, and south of proposed facility. The property primarily consists of a dense oak forest. Approximately 20 percent of the property (17 acres) would be preserved in perpetuity as a result of clustering of the new development onto the remaining 70 acres of the property. This will create a buffer area between the development and the adjacent Edgewood Preserve. The developer estimates the project may create up to 1,000 jobs. To date, there has been approximately 490,000 square feet of space has been constructed or is in the development phase.
The Arches (Tanger Outlet Center). This development is a 805,000 square foot retail outlet center comprising 180 stores including a 14-screen movie theater and restaurants on 81 acres in Deer Park in the Town of Babylon. The outlet center is located on Grand Boulevard just off of Commack Road. The project has received environmental clearance from the Town of Babylon, is currently under construction and is expected to be completed by 2008.
Crooked Hill Commons. This project, which opened in early 2007, includes an 88,408 square foot Kohl’s Department Store; a 102,870 square foot Home Depot with an additional 26,620 square foot seasonal garden center and a 2,000 square foot snack bar; and a 134,047 square foot Wal-Mart with a 14,570 square foot seasonal garden center, a 2,000 square foot snack bar, and a 6,686 square foot tire/lube center. This project is located on a previously vacant 48-acre parcel of land on the east side of Crooked Hill Road north of Henry Street in Commack, Town of Smithtown.
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Northern Pkwy
Crooked Hill Commons oo Cr ke d Hi R ll d
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Heartland Business Center Expansion
LIR
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LONG ISLAND TRUCK-RAIL INTERMODAL (LITRIM) FACILITY New York State PROJECT Department of Transportation
0
1,100
0
300
2,200 Feet Meters
600
Figure 4-3 No Build Projects
Draft Environmental Impact Statement
Social Effects
No Build Alternative The No Build Alternative, as required by NEPA, assumes that a proposed project is not implemented and that existing site characteristics and development conditions remain unchanged. In consideration of these factors, there would be no physical changes on the project site, though it is assumed that development of the two adjacent or nearby properties would go forward (see above). These three projects would increase the potential for the project site to be developed in the future, as the value of this approximately 105-acre property would be significantly increased. Land Use and Zoning. If the proposed project is not built, there would be no change in the land use classification of the proposed project site, and therefore the No Build Alternative would not impact the pattern of land use on the project site. However, as there are development proposals for two adjacent or nearby properties, significant changes in the area land use pattern would occur even in the absence of the proposed LITRIM Facility project. Moreover, implementation of these other development proposals may have the secondary effect of increasing the pressure for development of the subject site as the value of this approximately 105-acre property would be significantly increased, thereby increasing the probability of the Town’s approval of appropriate development to a use consistent with the industrial development to the south. If the proposed project is not implemented, the existing level and pattern of long-haul truck traffic would continue on regional and local roadways. The amount of such trips would be expected to grow over time due to continued growth in the regional economy and associated development. Such a condition would result in a gradual increase in adverse impacts associated with truck traffic, including truck and engine noise, engine emissions, increased safety concerns (where trucks interact with local traffic, school buses, and pedestrians), and reduction in the general residential character of the adjacent communities. In addition, the region would continue to lose the opportunity to benefit from more efficient and economical delivery and distribution of bulk goods, with continued impaired economic effects (i.e., artificially increased business costs), which are passed onto consumers. Public Policy. If the proposed project is not implemented, there would be no change in the existing level of conformance with the recommendations of the SGPA Plan or the comprehensive plans for the Towns of Islip, Babylon, Huntington, and Smithtown. The No Build Alternative would not result in a reduction in truck trips on local streets and, as noted above, would result in continued increases in such traffic and its associated adverse impacts. Build Alternative The proposed LITRIM Facility project would utilize G Road to connect to Crooked Hill Road and eventually the Long Island Expressway. These roadways would experience appropriate improvements to accommodate the expected increase in truck traffic to and from the proposed yard. It is anticipated that at project completion, there would be 300 trucks entering and leaving the yard over the course of a 24 hour period with peak times being 1 AM, 11 AM to 1 PM and 9 PM. Since the peak periods correspond with off-peak residential periods, it is not expected that the increased truck traffic would significantly impact the local roadway network. Land Use. The proposed facility would change the use of the site from its current vacant state to an active, truck-rail intermodal facility. This change is consistent with Suffolk County’s current comprehensive plan where the site is mapped as institutional/open space. Long Island Truck-Rail Intermodal Facility
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Due to the site’s relatively isolated location, the potential for land use impacts in the project vicinity are reduced. Specifically, the closest residential use is at least 1,300 feet to the west of the project site with the Edgewood Preserve acting as a buffer between the two uses. It is anticipated that this distance and the vegetated nature of the Edgewood Preserve as well as the wooded buffer to remain on the western edge of the proposed site would be sufficient to minimize potential land use impacts to the neighboring residential lands, by physically separating this use from the proposed project. Further, the proposed roadway mitigations would provide trucks with direct access between the intermodal yard and the Long Island Expressway, decreasing the likelihood that these vehicles would travel through residential neighborhoods. Although the new truck trips could have some impact on local roadways, the peak trips to and from the facility would occur during off-peak periods for general traffic, and therefore would not conflict with existing traffic and travel patterns. The project would reduce the existing level of long-haul truck traffic on the Long Island Expressway, and redirect existing short-haul trips (which presently travel between warehouses, and local stores and manufacturers) to travel between warehouses, stores and manufacturers and the proposed facility. The project would also incorporate the abandoned rail spur that abuts the site’s eastern boundary and connects to the LIRR Main Line to the south for freight train access to the facility. It is anticipated that the number of freight trains using the LIRR Main Line (to the south, parallel to and abutting Pine Aire Drive), would increase as a result of the proposed project. However, it is not anticipated that this increase in train traffic (three inbound and three outbound trains per day) would adversely impact the land use pattern of the area, since the adjacent uses are largely industrial with interspersed commercial uses and the train line has historically coexisted with these types of uses. Zoning. Since the NYSDOT is exempt from local zoning regulations, the proposed project does not require the approval of the Town of Islip Town Board. Nevertheless, the project would not result in significant adverse impacts to the area zoning pattern. The site, when rezoned to an industrial district would continue to be isolated from developed areas having dissimilar zones, particularly residential zones, by distance and other intervening zonings. In addition, the zoning of the large industrial property to the south, Heartland Business Center, is Industrial 1, which would conform to the rezoned project site. Public Policy. The SGPA Plan did not recommend any change in the then-extant institutional land use of the project site. The proposed project would conform to the overall intent of the SGPA Plan in regard to groundwater protection by including an approved drainage system designed to control all stormwater for on-site recharge. As a result, the potential for adverse impacts to groundwater quality would be minimized. Sanitary wastewater generated at the facility would be treated at Southwest Sewer District #3, through the existing force main from the NYPA Brentwood Generating Facility to the Pilgrim Psychiatric Center system. The Town of Islip is presently in the early stages of gathering land use and demographic data and public input regarding issues of concern for their comprehensive plan update. However, no such preliminary planning reports or documents are available at the present time. If a comprehensive plan update is adopted prior to the conclusion of the NEPA process for the proposed project, its conformance will be analyzed and discussed in the Final EIS.
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As the Babylon Comprehensive Plan and the Huntington Comprehensive Plan Update do not apply to the Town of Islip, recommendations of these plans would not apply to the project site. Nevertheless, these plans recommend that those portions of each Town abutting the project site remain in institutional use, which are encompassed in the existing Edgewood Preserve. As a result, the proposed project would not impact either of these two plans. The Town of Huntington’s Vision Statement does mention the Town’s intention to enhance operational efficiency and reduction in traffic congestion which is consistent with the overall intention of the development of the intermodal yard. Although there would be increased truck traffic on local roadways leading to the Long Island Expressway, overall, the proposed action would decrease the number of regional truck trips. Further, the increased trips would occur during off-peak periods and not within residential neighborhoods due to the proposed roadway improvements. Similar to the Towns of Babylon and Huntington, public policy in the Town of Smithtown would not affect the project site. However, goals and objectives noted by the Town of Smithtown to be addressed in their comprehensive plan update do relate to the intention of the proposed project including provide for efficient infrastructure to meet the needs of the community and provide the ability for land use trends in transportation to remain competitive and economically viable. The proposed project would provide improved infrastructure to remove long-haul truck trips from regional roadways and would also provide for increased economic viability by allowing more growth and transport of consumer goods. 4.1.3
Mitigation Summary
Provided below are several mitigation measures that are proposed as part of the project site design, layout, and operation that would avoid the potential for adverse impacts related to land use, zoning, and public policies including:
4.2
Retain the existing woodland buffer along the western and southern site boundaries to minimize any aesthetic or noise impacts to the adjacent Edgewood Preserve.
In areas around the site perimeter where the existing vegetation cannot be retained or where the natural vegetation is sparse, it would be supplemented with additional vegetation comprised of native and/or native-compatible species.
Development of the proposed facility near existing industrial and commercial uses along the rail corridor eliminates the potential for impacts to more sensitive residential uses.
Lighting for the facility will be located for specific tasks and will consist of down lighting designed to prevent overflow onto the adjacent properties, minimizing the potential for light pollution. Pole-mounted fixtures would also be set at the minimum height necessary to achieve the desired level of illumination. NEIGHBORHOOD, COMMUNITY SERVICES, AND COMMUNITY COHESION
This section considers the potential for the construction and operation of the proposed LITRIM Facility to affect community services and cohesion in the neighborhoods surrounding the intermodal yard site. The potential for construction-related effects to community service and cohesion is discussed in Section 5.14.
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4.2.1
Social Effects
Affected Environment
The proposed project site is wholly within a nonresidential community in the Town of Islip. The Pilgrim Psychiatric Center, located immediately north of the proposed intermodal yard, provides both inpatient and outpatient psychiatric, residential, and related services on more than 120 acres, while the Heartland Business Center is located to the south of the proposed yard. This 300 acre complex caters to 3.5 million square feet of mostly industrial and some commercial businesses ranging from marketing firms to manufacturing. As noted previously, Heartland Business Center is presently being expanded to include an additional 87 acres of property located immediately to the west of the existing center and south of the proposed yard. Approximately 17 of the 87 acres are proposed to be preserved. In addition, the abandoned rail spur where the yard’s receiving tracks would be constructed lies within the Sagtikos Parkway right-of-way, and the parkway right-of-way also touches the southeast corner of the yard site itself. Primarily bordering the proposed site on the west is the NYSDEC Oak Brush Plains Edgewood Preserve, with the LIPA substation and Edgewood Power Plant and the NYPA Brentwood Power Plant bordering the lower western portion of the site. The nearest residential neighborhoods lie approximately one-quarter mile from the proposed intermodal yard site. These include two residential developments—one separated from the project site by Sagtikos Parkway, and another located northwest of the project site and separated from it by the Edgewood Preserve. Community Facilities Primary Study Area. Institutional uses within the Town of Islip are the principal community facilities found closest to the proposed site within the primary study area. These uses include the Pilgrim Psychiatric Center, to the north and east of the project site; Suffolk Community College to the northeast; Brentwood North Middle School, just west of Wicks Road; Outreach House, west of the project site and Crooked Hill Road; and religious facilities (Iglesia de Dios and Bethel Pentecostal Church of God & Christ) to the southeast as well as Pronto of Long Island, south of the site and the LIRR Main Line. Community facilities found in the half-mile study area are listed in Table 4-5 and the locations depicted in Figure 4-4. Additional institutional uses within the remainder of the primary study area include Brentwood Residential Center (owned by the New York State Office of Children and Family Services), west of the project site within the Town of Huntington, and Sagtikos Primary School, north of the project site and the Long Island Expressway in the Town of Smithtown. Additional community facilities within the primary study area include the New York State Troopers office to the northeast of the site; Brentwood Fire Department to the south of the site and the LIRR Main Line in the Town of Islip; the Suffolk County Girl Scouts Council to the north in the Town of Smithtown; and various open space and recreation uses. The dominant open space use is the Edgewood Preserve. Five additional parks are present.—Brentwood State Park and Garnet Drive Park in the Town of Islip; and Stonehurst Lane Park, Windward Court Park Preserve, and Otsego Park in the Town of Huntington.
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LONG ISLAND TRUCK-RAIL INTERMODAL (LITRIM) FACILITY New York State PROJECT Department of Transportation
1-Mile Study Area
0
1,350
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Community Facilities
2,700 Feet Meters
0
350
700
Town Boundary
LIRR Tracks
Figure 4-4 Existing Community Facilities
Draft Environmental Impact Statement
Social Effects
TABLE 4-5: COMMUNITY FACILITIES, PRIMARY STUDY AREA* Map ID
Community Facilities
Location
Institutional 1
Pilgrim Psychiatric Center
998 Crooked Hill Road
2
Suffolk County Community College-Western Campus
Crooked Hill Road
3
Brentwood North Middle School
350 Wicks Road
4
Outreach House
400 Crooked Hill Road
5
Iglesia de Dios
77 Marshall Avenue
6
Bethel Pentecostal Church of God & Christ
72 Eisenhower Avenue
7
Pronto of Long Island
128 Pine Aire Drive
8
Brentwood Residential Center
1230 Commack Road
9
Sagtikos Primary School
Pinewood Drive
Open Space 10
Brentwood State Park
Crooked Hill Road
11
Garnet Drive Park
Garnet Drive at Wendy Lane
12
NYS Conservation Area (NYSDEC Edgewood Preserve)
Commack Road
13
Stonehurst Lane Park
Stonehurst Lane
14
Windward Court Park Preserve
Milligan Street
Community Service 15
NYS Trooper Office
800 Crooked Hill Road
16
Brentwood Fire Department
Pine Aire Drive
17
Suffolk County Girl Scout Council
442 Moreland Road
Source: Field surveys, AKRF, Inc., 2004 and 2006 Note: *See Figure 4-4.
Secondary Study Area. Community facilities found in the secondary study area are listed in Table 4-6 and the locations depicted in Figure 4-4. The majority of community facilities are found to the east and west of the project site, between the primary and secondary study areas. This is due to the dominance of residential uses east of the Sagtikos State Parkway and Wicks Road, in the hamlet of Brentwood, Town of Islip and the residential uses northwest of the Edgewood Preserve in the hamlet of Dix Hills, Town of Huntington. Within the Brentwood community there are a number of educational institutions, including North Elementary School, Twin Pines Elementary School, Pine Park Elementary, Brentwood Head Start, Brentwood Freshman Center, and West Middle School. In addition, there are 11 religious institutions and 5 public open spaces (owned by the Town of Islip) within this area including Danny Hommel Park (on Par Lane), Ellery Park (on Ellery Street), Vazquez Park (on MacArthur Street, near Montgomery Street), Benton Park (on Benton Place), and Garnet Drive Park (at Garnet Drive and Wendy Lane). The second well-defined residential area within the one-mile study area is found to the west of the site, across Commack Road, in the hamlet of Dix Hills, Town of Huntington. This area is served by the large Town-owned Otsego Park in addition to
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Thornwood Park Preserve, Northpoint Park and Gleason Drive Park. One additional park is found within in the secondary study area in the Town of Smithtown—Hoyt Farm Park. TABLE 4-6: COMMUNITY FACILITIES, SECONDARY STUDY AREA* Map ID
Community Facility
Location
Institutional 18
North Elementary School
50 W White Street
19
St. Luke’s Roman Catholic Church
266 Wicks Road
20
Twin Pines Elementary School
2 Mur Place
21
Pine Park Elementary
1 Mur Place
22
Brentwood Head Start
177 Wicks Road
23
La Sagrada Palabra
329 Crooked Hill Road
24
Cornerstone Hope Ministries
307 Crooked Hill Road
25
Jesus is Lord Fellowship Church
309 Crooked Hill Road
26
Brentwood Freshman Center
33 Leahy Avenue
27
New Jerusalem Baptist Church
39 MacArthur Avenue
28
Primera Iglesia Presbyterian Espana de Brentwood
140 McNair Street
29
Roca de Salvacion Church
65 Bradley Street
30
First Baptist Church of Brentwood
126 Suffolk Avenue
31
Durham AME Zion Church
1893 Heckscher Avenue
32
Iglesia Cristiana Pentacostal
61 Pine Aire Drive
33
River of Life Gospel Church
45 Pine Aire Drive
34
West Middle School
2030 Udall Road
Open Space 35
Danny Hommel Park
Par Lane
36
Ellery Park
Ellery Street
37
Vazquez Park
MacArthur Avenue at Montgomery St.
38
Benton Park
Benton Place
39
Thornwood Park Preserve
Thornwood Drive
40
Northpoint Park
Dix Highway
41
Gleason Drive Park
Shoreham Drive
42
Otsego Park
Commack Road
43
Hoyt Farm Park
New Highway
Community Service 44
Deer Park Fire District
94 Lake Avenue
Source: Field surveys, AKRF, Inc., 2004 and 2006 Note: *See Figure 4-4.
Emergency Services The project site is served by Islip’s 3rd Police Precinct, which covers most of the Town of Islip. The 3rd Police Precinct is located at 1630 Fifth Avenue in Bay Shore and consists of Long Island Truck-Rail Intermodal Facility
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approximately 245 officers and a number of support personnel. The precinct has 23 cars that patrol 24 hours a day. The department is responsible for traffic enforcement and all other police functions within its jurisdiction. Currently, the police department’s staffing levels are adequate to serve the area. The project site is located within the jurisdiction of Fire Company 6, which is part of the Brentwood Fire District. Company 6 is located on Pine Aire Drive, just east of the Sagtikos Parkway. Other nearby companies within the Brentwood Fire District provide backup and assistance to Company 6, as required. There are five fire companies within the Brentwood Fire District. Company 6 deploys approximately 180 volunteer firefighters and has two engines and one ladder truck. In total, Brentwood Fire District has 10 engines, one aerial ladder, one heavy rescue truck, and one tower ladder. The department typically responds to a call within five minutes. Emergency medical assistance is provided by Brentwood Legion Ambulance, which is located at 29 Third Avenue in Brentwood. The Brentwood Legion Ambulance has approximately 250 volunteers. The emergency medical service deploys five ambulances and covers Brentwood, North Bayshore, and West Islip. Two hospitals are located within the Town of Islip—Good Samaritan Hospital at 1000 Montauk Highway in West Islip, and Southside Hospital at 301 East Main Street in Bayshore. 4.2.2
Community Effects
No Build Alternative No effects would occur as a result of the No Build Alternative. Build Alternative The development of the proposed facility being wholly within the confines of the Pilgrim property would not substantially change the neighborhood character. In fact, the proposed facility would be consistent with the industrial growth that has occurred in the area over the last 20 years. Further, due to the proposed roadway improvements included in the Build Alternative, truck trips would not utilize local residential roadways, and therefore would eliminate a perceived change in the neighborhood character. The proposed facility would not add students or residents to the population of Islip and therefore would not increase the demand for community or emergency services in this area of the Town of Islip. The facility would be secured and public access would be prohibited, thus reducing the need for police or fire services. 4.2.3
Mitigation Summary
Because the Build Alternative would not result in impacts to community services or cohesion, no mitigation measures are necessary. 4.3
DISPLACEMENT AND RELOCATION
No homes, businesses, or institutions would be displaced or relocated by the No Build Alternative or the Build Alternative. Long Island Truck-Rail Intermodal Facility
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4.4
Social Effects
SAFETY AND SECURITY
This section considers the potential for the proposed LITRIM Facility to affect safety and security, both in the vicinity of the proposed intermodal yard site and for Long Island as a whole. The potential for construction-related effects to safety and security is discussed in Section 5.14. In the immediate study area, there are three basic elements of safety and security to consider for the project: the intermodal yard, the receiving tracks, and the roadway access. The yard operations would be under the control of a third party intermodal operator, who will develop a Health and Safety Plan for the facility and will follow the appropriate OSHA regulations and the Federal Railroad Administration (FRA) code of federal regulations. The security of the facility would also be managed by the intermodal operator. All visitors would have to enter through the yard gate check-in facility, which would be controlled 24 hours per day, and all freight will be monitored while in the control of the operator. In addition, the entire yard, with the exception of the area where the receiving tracks enter, will be fenced to deter trespassers and to secure the facility. In addition, closed-circuit television (CCTV) would be installed to monitor the entire yard. The movement of rail freight on the Long Island Rail Road and into the receiving tracks would be the responsibility of the New York and Atlantic Railway (NY&AR). The NY&AR has an operating agreement with the LIRR and follows the LIRR operating rules and the FRA code of federal regulations. NY&AR would be responsible for the handling of the freight cars and the safety inspections of the trains that arrive and leave the site. Each railcar would be monitored from its source through a bar code tracking system. Trucks entering the facility would be crosschecked against the bar code and tracking invoice to ensure the proper load is being picked up. Roadway safety would be the responsibility of the appropriate owner of the segment of the road that is used to access the site. These include NYSDOT, Suffolk County Department of Public Works, and the Town of Islip Department of Public Works and Office of Public Safety. The project also has the potential to enhance security on Long Island by reducing the region’s dependence on the trucking industry to receive consumer goods, construction materials, and other commodities (see Chapter 6 for a discussion of the project’s economic effects). Shifting a portion of freight delivery to rail could help lessen the impact to local businesses and residents if the vehicle bridges and tunnels that connect Long Island to the rest of the state were unusable. 4.5
GENERAL SOCIAL GROUPS BENEFITED OR HARMED
This section includes an analysis of the project’s potential effects on minority, ethnic, lowincome, and national origin populations to determine whether any of the project’s alternatives would result in disproportionately high and adverse impacts on those populations. Two federal mandates protect minority, ethnic, low income, and other specially designated social groups (i.e., the elderly, children, populations of national origin): Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq.), and Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations (February 11, 1994). Title VI prohibits discrimination on the basis of race, color, and national origin in federally-funded projects. It provides that no person may be denied participation in or the benefits of any program receiving financial assistance based on race, color, or national origin. Under the statute, if a
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recipient of federal assistance is found to have discriminated and voluntary compliance cannot be achieved, the federal agency providing the assistance should either terminate funding or refer the matter to the U.S. Department of Justice for appropriate legal action. Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, directs federal agencies to "promote nondiscrimination in federal programs substantially affecting human health and the environment, and provide minority, ethnic, and low-income communities access to public information on, and an opportunity for public participation in matters relating to human health or the environment." It also defines the terms “minority” and “low-income” in the context of environmental analysis. The Council on Environmental Quality (CEQ) has oversight responsibility for and has written guidance regarding the federal government's compliance with Executive Order 12898 and the NEPA process. Likewise, the U.S. Department of Transportation (U.S. DOT) and the U.S. Environmental Protection Agency (EPA) have drafted guidelines to provide these agencies with guidance regarding compliance with environmental justice requirements. 4.5.1
Methodology
To assess the potential for effects to protected social groups, EPA guidance recommends that screening first be performed to determine the location of potentially affected low-income, ethnic, and minority populations, followed by a determination of whether disproportionate impacts would occur. Minority, ethnic, low-income, and other social groups were identified using a four step process as listed below and described in more detail in the following sections: 1. Identify the area where the project may cause significant and adverse effects; 2. Compile population characteristics for the area where adverse effects may occur because of the project and identify locations with populations of concern for environmental justice; 3. Identify each alternative’s adverse effects on populations of concern; and 4. Evaluate each alternative’s effects on populations of concern relative to its overall effects to determine whether any impacts on populations of concern would be disproportionate and adverse. Data on race/ethnicity and poverty status were gathered from the U.S. Census Bureau’s Census 2000 for all census block groups within the study area, and then aggregated for the study area as a whole (Figure 4-5). For comparison purposes, data for Suffolk County were also compiled. Based on the guidance documents described above, potential environmental justice communities were identified as follows: Minority Communities The guidance documents define minorities to include American Indians or Alaskan Natives, Asian and Pacific Islanders, African Americans or Black persons, and Hispanic persons. This Environmental Justice analysis also considers minority populations to include persons who identified themselves as being either “some other race” or “two or more races” in the Census 2000. Following CEQ guidance, minority populations should be identified where either: (1) the minority population of the affected area exceeds 50 percent; or (2) the minority population percentage of the affected area is meaningfully greater than the minority population percentage Long Island Truck-Rail Intermodal Facility
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in the general population or other appropriate unit of geographic analysis. For this project, Suffolk County was used as the project’s primary statistical reference area. In Suffolk County, the minority population in 2000 was approximately 21.2 percent. Therefore, for this project, all census block groups with total minority populations of 30 percent or greater were identified as minority communities. Low-Income Communities The percent of individuals below poverty level in each census block group, also available in Census 2000, was used to identify low-income communities. Because the guidance documents do not specify thresholds to be used to identify low-income communities, all census block groups whose percentage of individuals below poverty level was meaningfully greater than that of Suffolk County were considered low-income communities. In Suffolk County, approximately 6 percent of the population lives below the federal poverty threshold, so any block group with 10 percent or more of its individuals living below the poverty level was considered to be a lowincome area and, therefore, a community of concern for environmental justice. The study area for environmental justice encompasses the area most likely to be affected by the proposed action and accounts for the potential impacts resulting from construction and operation of the proposed project. The study area for environmental justice includes the census block groups that are substantially within one mile from the proposed project site. As shown in Figure 4-5, a total of 17 census block groups are included in the study area. 4.5.2
Affected Environment
The study area had a total population of 27,950 in 2000; approximately two percent of the total population of Suffolk County. Tables 4-7 and 4-8 detail the study area’s population and income characteristics. TABLE 4-7: STUDY AREA POPULATION, RACE AND ETHNICITY (2000) Census Tract (CT)/ Block Group (BG)
2000 Total
White
%
Black
%
Asian
%
Other
%
Hispanic
%
Total Minority (%)
CT 1122.1 BG 2
1,779
1,502
84.4
52
2.9
125
7.0
50
2.8
50
2.8
15.6
CT 1122.11 BG 1
2,916
2,572
88.2
74
2.5
120
4.1
34
1.2
116
4.0
11.8
CT 1122.11 BG 2
1,684
1,431
85.0
31
1.8
114
6.8
25
1.5
83
4.9
15.0
CT 1227.07 BG 3
1,117
916
82.0
21
1.9
25
2.2
36
3.2
119
10.7
18.0
CT 1228.01 BG 9
891
800
89.8
23
2.6
25
2.8
12
1.3
31
3.5
10.2
CT 1352.05 BG 2
846
771
91.1
5
.06
35
4.1
4
0.5
31
3.7
8.9
CT 1352.05 BG 5
572
531
92.8
0
0.0
12
2.1
8
1.4
21
3.7
7.2
CT 1455 BG 9
184
110
59.8
51
27.7
0
0.0
4
2.2
19
10.3
40.2
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Social Effects
TABLE 4-7: STUDY AREA POPULATION, RACE AND ETHNICITY (2000) Census Tract (CT)/ Block Group (BG)
2000 Total
White
%
Black
%
Asian
%
Other
%
Hispanic
%
Total Minority (%)
CT 1456.01 BG 1
1,467
614
41.9
196
13.4
58
4.0
32
2.2
567
38.7
58.1
CT 1456.01 BG 3
2,096
686
32.7
322
15.4
18
0.9
77
3.7
993
47.4
67.3
CT 1456.02 BG 3
2,208
703
31.8
334
15.1
54
2.4
84
3.8
1,033
46.8
68.2
CT 1456.03 BG 1
3,476
330
9.5
682
19.6
62
1.8
96
2.8
2,306
66.3
90.5
CT 1456.03 BG 2
2,499
126
5.0
404
16.2
12
0.5
49
2.0
1,908
76.4
95.0
CT 1459.01 BG 1
1,290
674
52.2
174
13.5
17
1.3
36
2.8
389
30.2
47.8
CT 1459.02 BG 1
935
94
10.1
131
14.0
13
1.4
23
2.5
674
72.1
89.9
CT 1459.02 BG 3
1,886
745
39.5
386
20.5
45
2.4
67
3.6
643
34.1
60.5
CT 1459.02 BG 4
2,104
407
19.3
500
23.8
51
2.4
73
3.5
1,073
51.0
80.7
Study Area
27,950
13,012
46.6
3,386
12.1
786
2.8
710
2.5
10,056
36.0
53.4
Suffolk Co.
1,419,369
1,118,405
78.8
93,262
6.6
34,355
2.4
23,936
1.7
149,411
10.5
21.2
Source: U.S. Census Bureau, Census 2000 Notes: The racial and ethnic categories provided are further defined as: White (White alone, not Hispanic or Latino); Black (Black or African American alone, not Hispanic or Latino); Asian (Asian alone, not Hispanic or Latino); Other (American Indian and Alaska Native alone, not Hispanic or Latino; Native Hawaiian and Other Pacific Islander alone, not Hispanic or Latino; Some other race alone, not Hispanic or Latino; Two or more races, not Hispanic or Latino); Hispanic (Hispanic or Latino; Persons of Hispanic origin may be of any race). Shaded rows indicate census tracts/block groups that met the environmental justice thresholds for minority populations.
TABLE 4-8: STUDY AREA POPULATION, ECONOMIC PROFILE (1999) Census Tract (CT)/Block Group (BG)
2000 Total
Individuals Below Poverty Level (%)
CT 1122.1 BG 2
1,779
0.0
CT 1122.11 BG 1
2,916
4.7
CT 1122.11 BG 2
1,684
2.4
CT 1227.07 BG 3
1,117
3.2
CT 1228.01 BG 9
891
5.8
CT 1352.05 BG 2
846
1.0
CT 1352.05 BG 5
572
2.0
CT 1455 BG 9
184
77.0
CT 1456.01 BG 1
1,467
3.8
CT 1456.01 BG 3
2,096
10.3
CT 1456.02 BG 3
2,208
7.4
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Social Effects
TABLE 4-8: STUDY AREA POPULATION, ECONOMIC PROFILE (1999) Census Tract (CT)/Block Group (BG)
2000 Total
Individuals Below Poverty Level (%)
CT 1456.03 BG 1
3,476
19.3
CT 1456.03 BG 2
2,499
13.7
CT 1459.01 BG 1
1,290
7.9
CT 1459.02 BG 1
935
10.6
CT 1459.02 BG 3
1,886
10.4
CT 1459.02 BG 4
2,104
15.0
Study Area
27,950
9.0
Suffolk Co.
1,419,369
6.0
Source: U.S. Census Bureau, Census 2000 Notes: Percent of individuals with incomes below established poverty level. The U.S. Census Bureau's established income thresholds for poverty levels define poverty level. Shaded rows indicate census tracts/block groups that met the environmental justice thresholds for low-income populations.
Within the study area, 53.4 percent of the residents are minority, a substantially greater proportion than in Suffolk County as a whole (21.2 percent). Because the study area’s total minority percentage exceeds CEQ’s 50 percent threshold and is meaningfully greater than for Suffolk County, the study area as a whole is considered a minority community. Ten of the individual block groups in the study area (all of those located in the Islip portion of the study area) have populations of concern for environmental justice (see the shaded rows in Table 4-7) with minority and ethnic populations ranging from 40.2 percent to 95 percent. Seven census tracts are also considered low-income because they have populations below poverty level that range from 10.3 percent to 77 percent (see shaded rows in Table 4-8). These seven block groups have substantially greater proportions of low-income individuals than in Suffolk County as a whole (six percent). Overall, nine percent of the individuals in this study area were living below the federal poverty threshold in 1999. Because this percentage does not exceed the ten percent threshold, the study area as a whole is not considered a low-income community. 4.5.3
Effects to Populations of Concern
Summary of Beneficial Effects Identified in Draft EIS From a regional perspective, the proposed project would produce beneficial effects in terms of intermodal freight operation, traffic, public health, economics, and safety. The proposed facility is anticipated to serve primarily inbound traffic to Nassau and Suffolk counties. Inbound truck traffic would be diverted to rail traffic made possible by the development of the proposed facility. With the proposed facility, the transfer between rail and truck would occur much closer to shippers and receivers in Nassau and Suffolk. The result of this diversion is less truck tonnage and truck vehicle miles traveled (VMT), along with corresponding reductions in congestion and truck-related emissions. Emissions reductions correlate with improved public health. The economic benefits of rail versus truck freight include 430 percent more tons per gallon gasoline; 570 percent more tons per mile; and 50 percent less expensive per ton-mile. Moreover, rail corresponds to 60 percent fewer fatalities per ton-mile over truck transport. Long Island Truck-Rail Intermodal Facility
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Northern Pkwy
CT 1352.05 BG 2
CT 1122.11 BG 1
CT 1352.05 BG 5
oo Cr ke
ithtown Town of Sm Town of Islip CT 1456.01 BG 1
d Hi R ll d
sway Long Island Expres
CT 1122.11 BG 2
CT 1456.01 BG 3
CT 1455 BG 9
CT 1456.02 BG 3
dH
wy Sagtikos Pk
Commack Rd
CT 1456.03 BG 1
d.
on tingt Hu n f o n n ylo Tow Ba b n of Tow
d ill R
LONG ISLAND TRUCK-RAIL INTERMODAL (LITRIM) FACILITY
ks R Wi c
ke
Carlls Straight Path
Brentwood Rd
o Cro
CT 1122.10 BG 2
CT 1456.03 BG 2
CT 1459.02 BG 1
CT 1227.07 BG 3
Lon
d lan g Is
. Ave
CT 1459.02 BG 4
CT 1459.01 BG 1 CT 1228.01 BG 9
Grand B lvd
CT 1459.02 BG 3 Headlin
Block Groups in Study Area
e R d.
Environmental Justice Communities in Study Area
LONG ISLAND TRUCK-RAIL INTERMODAL (LITRIM) FACILITY New York State PROJECT Department of Transportation
Project Site and Limits of Improvements
0
1,300
0
350
2,600 Feet Meters
700
1-Mile Study Area
Town Boundary
LIRR Tracks
Figure 4-5 Environmental Justice Study Area
Draft Environmental Impact Statement
Social Effects
Summary of Adverse Effects Identified in Draft EIS In addition to beneficial effects, the proposed yard would result in some localized significant adverse impacts as described in Chapters 3, 4, and 5 and summarized in Chapter 10. Substantial adverse effects to the neighborhoods in the vicinity of the proposed LITRIM Facility are not anticipated. Effects to these areas are primarily positive effects related to the local intersection and roadway improvements that would be implemented and the regional transportation and economic benefits described above. Summary of Disproportionate Adverse Effects on Populations of Concern Following CEQ’s guidance, a project’s effects fall disproportionately on a population of concern for environmental justice if 1) they are adverse and are predominantly borne by a minority population and/or low-income population; or 2) they will be suffered by the minority and/or lowincome population and are appreciably more severe or greater in magnitude than the adverse effects that will be suffered by the non-minority or non-low-income population. The proposed project’s potential effects related to land use and public policy and its minor effects related to noise, changes in air quality, and visual character would affect the entire study area, including non-minority, ethnic, and non-low-income populations. Therefore, based on the guidance and the project’s potential effects, the proposed action would not result in any disproportionately high and adverse effects on populations of concern such as minority, ethnic, and low-income populations. 4.5.4
Mitigation Summary
Because no disproportionately high or adverse effects would affect populations of special concern, mitigation is not necessary. 4.5.5
Public Participation
Executive Order 12898 also requires federal agencies to work to ensure greater public participation in the decision-making process. In addition, CEQ guidance suggests that federal agencies should acknowledge and seek to overcome linguistic, cultural, institutional, geographic, and other barriers to meaningful participation. Furthermore, the USDOT’s Final Order on Environmental Justice indicates that project sponsors should elicit public involvement opportunities, including soliciting input from affected minority and low-income populations in considering alternatives. To this end, the proposed project’s public outreach and participation component required by Executive Order 12898 has been satisfied by the review process for this Draft EIS under NEPA. Under NEPA, the project sponsors are required to afford the public an opportunity to participate in identifying the consequences of their decision-making with respect to the proposed action. The project’s public outreach and participation program began with the scoping process and will continue through completion of the Final EIS. A Public Involvement Plan was developed to guide the public outreach and participation process for the proposed project. The project has a dedicated website (www.longislandintermodal.com) and interested parties are kept informed through a series of fact sheets and periodic announcements regarding project milestones.
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Social Effects
A Stakeholder Working Group (SWG) was established to solicit more detailed input and generate discussion in a roundtable setting. The SWG includes a broad range of stakeholders, including state and local officials, neighborhood groups, local business organizations, potential facility users, and appropriate government agency representatives. Three SWG meetings have been held to date beginning on March 15, 2005. In addition, an Issues Log is maintained to catalog comments received and to ensure that they are addressed in a timely and complete manner. A Public Scoping Meeting was held on June 30, 2004 at Brentwood North Middle School on Wicks Road in Brentwood to afford the public an opportunity to comment on issues to be addressed in the Draft EIS and to have their questions answered. Comments were accepted for a 30-day period following the Scoping Meeting. Meeting notices were advertised in numerous weekly and daily local newspapers, including two Spanish language papers (Nueva America on 6/16/04 and 6/23/04 and Hoy on 6/6/04 and 6/27/04). In addition, NYSDOT issued a press release and Newsday ran an article about the Scoping Meeting on June 30, 2004. Flyers were also distributed by hand (or left in the door) several days before the meeting to a total of 375 businesses and residents proximate to the proposed project site (see Chapter 7, “Project Coordination,” for more information).
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