Approval of a weekend-long music festival planned by Nile Rodgers at Martha Clara Vineyards this August was put on hold Thursday after a civic leader pointed out that the Town of Riverhead had not properly completed reviewing the event’s potential environmental impacts.
A resolution on the board’s agenda at Thursday’s special meeting would have approved the special event permit for the 2016 “Freak Out!” music festival, slated for Friday through Sunday, August 12 through 14. The resolution contained a paragraph finding that the festival is determined by the board to be an “unlisted” action for purposes of SEQRA review and is issued a “negative declaration” — which allows the board to approve the permit without the preparation of an environmental impact statement.
But the town planning department had not completed the required environmental assessment form, which is used to evaluate an action’s potential impacts.
Jamesport-South Jamesport Civic Association president Angela DeVito brought that oversight to the board’s attention and, after building and planning department administrator Jeff Murphree confirmed that was correct, the board tabled the resolution.
Asked by Riverhead Supervisor Sean Walter how quickly the planning department could complete the environmental assessment form, Murphree replied “very quickly” — prior to the board’s upcoming Jan. 5 meeting, he said. The board is expected to vote on the resolution at that time.
“You cannot make a determination of significance without first completing the environmental assessment form,” DeVito told the board. “It is an incomplete application.”
SEQRA requires the applicant to complete part of the EAF and the government reviewing agency to complete part of it.
The EAF is a checklist of areas where environmental impacts could be significant. It comes in two versions, a short form and a long form. Which version is required depends on the type and scope of a proposed action.
Part I of the EAF (short form) is to be completed by the applicant. It consists of 20 questions aimed at gathering information useful to the reviewing agency in making its determination of significance and potential environmental impacts.
The decision-making body must review the applicant’s answers and complete Part II of the EAF. Part II is a series of 11 questions about the action’s potential impacts on a host of things, including land use, quality and character of community, and traffic.
For every question in Part II where the reviewing agency decides a “moderate to large impact may occur,” the agency is required to complete Part III. In Part III, the agency must “in sufficient detail, identify the impact, including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts,” according to the form instructions. It should also explain how the lead agency determined that the impact may or will not be significant. “Each potential impact should be assessed considering its setting,
probability of occurring, duration, irreversibility, geographic scope and magnitude. Also consider the potential for short-term, long-term and cumulative impacts,” the instructions state.
Just before DeVito pointed out the town’s failure to complete the EAF, several residents took the podium to speak out against the permit.
“We’re in danger of killing the goose that laid the golden egg,” said Elaine McDuffee, of Jamesport. She pointed to the traffic congestion that occurred in the area on Columbus Day weekend and said an event like the FOLD festival on a summer weekend might have the same result. “There were stretch limos, buses and trolleys bumper-to-bumper on Sound Avenue.”
The 2015 FOLD festival was held during the week in June, not on a weekend at the peak of summer tourism traffic, she said. There are so many other events and activities going on and the town must “recognize each of these events are not in isolation,” she said. “They are interconnected and the town should look at cumulative impacts.”
This event is “a destination for the big guys” and does not help local small businesses, she said. The traffic impacts alone could make the North Fork less desirable to visitors.
“The Town of Southold has recognized it needs to put the brakes on these things,” she said, referring to a ban adopted by the Southold Town Board in July on bike and race events from June 1 through November 1.
“We suggest an event of this magnitude be held at another venue further west. EPCAL seems perfect,” McDuffee told the board.
Robert Skinner of Jamesport said these events don’t “help local residents.”
Skinner complained that the traffic generated by such events prevents local residents like him from moving about town and accessing local resources like beaches, “which I’m paying my taxes year-round to support,” he said.
“Putting this on a weekend is going to be a disaster,” Skinner said. “You’re looking at benefits to the business. You’re not looking at what it does to residents.”
Skinner asked the board to issue cards to be displayed by residents in their vehicles that will allow them priority passage on local roads backed up with concert traffic.
DeVito also asked how noise levels would be evaluated at incremental distances from the concert site. She said allowing the event to go until 12 midnight violates the town code.
“I see the benefits to the applicants — the Entenmanns, Nile Rodgers — but what’s the benefit to the town and to the residents?” DeVito asked.
Walter responded that a benefit to residents is being able to see “an amazing concert” without having to travel great distances. He also noted that Rodgers donated $5,000 to the Police Athletic League for sports equipment.
East End Arts executive director Patricia Snyder expressed support of the FOLD festival in a statement read by Christine Kempner.
“There are multiple benefits coming to the community,” Snyder said. “There is an opportunity for local musicians to perform on the big stage,” she said, and “Nile Rodgers has committed to supporting the JumpstART event. He’s already started to work with East End Arts on this and he’s excited about doing some free concerts around town,” Snyder said. East End Arts was able to fund a $2,000 scholarship through Nile Rodgers, she said.
