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HomeMy WebLinkAboutPB-01/14/2019 OFFICE LOCATION: AL&I ING ADDRESS: Town Hall Annex *16 so P.O. Box 1179 54375 State Route 25 - ® Southold, NY 11971 (cor.Main Rd. &Youngs Ave.) ? Southold,NY " Telephone: 631 765-1938 www.southoldtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD RECEIVE® s FEB1�2� 2019 CrI-OSIorn So old Towff Clerk va PUBLIC MEETING MINUTES January 14, 2019 6:00 p.m. Present were: Donald J. Wilcenski, Chairman James H. Rich III, Vice-Chairman Pierce Rafferty, Member Mary Eisenstein, Member Heather Lanza, Planning Director Mark Terry, Assistant Planning Director Brian Cummings, Planner Erica Bufkins, Planner Trainee Jessica Michaelis, Office Assistant William Duffy, Town Attorney SETTING OF THE NEXT PLANNING BOARD MEETING Chairman Wilcenski: Good afternoon and welcome to the January 14, 2019 Planning Board meeting. The first order of business is for the Board to set Monday, February 11, 2019 at 6:00 p.m. at the Southold Town Hall, Main Road, Southold, as the time and place for the next regular Planning Board Meeting. James H. Rich III: So moved. Pierce Rafferty: Second. Southold Town Planning Board P a g,v 12 January 14, 2018 Chairman Wilcenski: Motion made by Jim, seconded by Pierce. Any discussion? All in favor? Ayes. Opposed? None. Motion carries. SUBDIVISIONS - STATE ENVIRONMENTAL QUALITY REVIEW ACT (SEQRA) SEQRA Determinations: Chairman Wilcenski: Gonzalez Standard Subdivision —This proposal is for a Standard Subdivision of a 4.29 acre parcel into two lots where Lot 1 is 2.07 acres and' Lot 2 is 2.22 acres, with a 25' flag over Lot 1 to provide access to Lot 2, located in the R-80 Zoning District. The property is located at 2050 Platt Road, in Orient. SCTM#1000-27-1-9 Pierce Rafferty: WHEREAS, this proposal is for a Standard Subdivision of a 4.29 acre parcel into two lots where Lot 1 is 2.07 acres and Lot 2 is 2.22 acres located in the R-80 Zoning District; and WHEREAS, on December 1, 2017, the agent submitted a Sketch Plan application; and WHEREAS, on February 5, 2018, the applicant stated they would install ,innovative/alternative onsite wastewater treatment systems for the future houses to be constructed on the property; and WHEREAS, on March 13, 2018, the Southold Town Planning granted a Conditional Sketch Plan Approval; and ,WHEREAS, on May 10, 2018, the applicant submitted a Preliminary Plat Application and Fee; and WHEREAS, on June 4, 2018, the Planning Board found the application incomplete at their Work Session and required revision; and WHEREAS, on August 10, 2018, the applicant submitted a revised Preliminary Plat map; and Southold Town Planning Board Page 13 January 14, 2018 WHEREAS, on August 20, 2018, the Planning Board found the Preliminary Plat application complete; and WHEREAS, on September 10, 2018, the proposed action was classified as an Unlisted Action under SEQR and the public hearing was set for October 15, 2018; and WHEREAS, on October 3, 2018, the Town of Southold Local Waterfront Revitalization Program (LWRP) Coordinator reviewed this application, and has recommended the proposed project be found consistent with the policies of the Southold Town LWRP; and WHEREAS, on October 15, 2018, the public hearing on the Preliminary Plat was held open due to issues noticing adjacent property owners; and WHEREAS, on November 5, 2018, the public hearing was closed; and WHEREAS, the Southold Town Planning Board performed a coordinated review of this Unlisted Action pursuant to 6 NYCRR Part 617, Section 617.7 of the State Environmental Quality Review Act (SEQRA); therefore be it RESOLVED, that the Southold Town Planning Board hereby declares Lead Agency status for the SEQRA review of this Unlisted Action; James H. Rich III: Second. Chairman Wilcenski: Motion made by Pierce, seconded by Jim. Any discussion? All in favor? Ayes. Opposed? None. Motion carries. Pierce Rafferty: And be it further RESOLVED, that the Southold Town Planning Board, as Lead Agency, pursuant to SEQRA, hereby makes a determination of non-significance for the proposed action and grants a Negative Declaration; James H. Rich III: Second. Chairman Wilcenski: Motion made by Pierce, seconded by Jim. Any discussion? All in favor? Southold Town Planning Board Page 14 January 14, 2018 Ayes. Opposed? None. Motion carries. Pierce Rafferty: And be it further RESOLVED, that the Southold Town Planning Board has determined that this proposed action is consistent with the policies of the Town of Southold Local Waterfront Revitalization Program. James H. Rich III: Second. Chairman Wilcenski: Motion made by Pierce, seconded by Jim. Any discussion? All in favor? Ayes. Opposed? None. Motion carries. SUBDIVISIONS Extension of Time to Render Preliminary Plat Determination/Conditional Final Plat Extension: Chairman Wilcenski: Harold R. Reeve & Sons, Inc. —This proposal is for a Standard Subdivision of a 5.1 acre split-zoned parcel into 4 lots where Lots 1-3 equal 1 acre in the R-40 Zoning District and Lot 4 equals 1.8 acres located in both the R-40 and B Zoning Districts. This proposal includes a Change of Zone Application where the zoning on Lot 4 is proposed to change from the R-40 and B Zoning Districts to the LB Zoning District. The property is located at 1605 Wickham Avenue, on the n/s/o County Road 48, approximately 190' w/o Wickham Avenue, in Mattituck. SCTM#1000-140-1-6. James H. Rich III: WHEREAS, this proposal is for a Standard Subdivision of a 5.1 acre split-zoned parcel into 4 lots where Lots 1-3 equal 1acre in the R-40 Zoning District and Lot 4 equals 1.8 acres located in both the R-40 and B Zoning Districts. This proposal includes a Change Southold Town Planning Board Page 15 January 14, 2018 of Zone Application where the zoning on Lot 4 is proposed to change from the R-40 and B Zoning Districts to the LB Zoning District; and WHEREAS, the Southold Planning Board, pursuant to the Southold Town Code, has 62 days to render a Preliminary Plat Determination after the Preliminary Plat Public Hearing is closed; and WHEREAS, on May 2, 2016, the Southold Planning Board and the applicant had mutually agreed to extend the timeframe to render a Preliminary Plat Determination from April 17, 2016 to August 17, 2016; and WHEREAS, on September 13, 2016, the Southold Planning Board and the applicant had mutually agreed to extend the timeframe to render a Preliminary Plat Determination from August 17, 2016 to December 17, 2016; and WHEREAS, on December 22, 2016 the applicants' agent submitted a third request to mutually extend the timeframe by 6 months (180 days) to render a Preliminary Plat Determination; and WHEREAS, the Southold Planning Board and the applicant mutually agreed to extend the timeframe to render a Preliminary Plat Determination by 6 months (180 days) from December 17, 2016 to June 19, 2017; and WHEREAS, on,June 15, 2017, the applicant requested a fourth extension of 6 months (180 days) to render a Preliminary Plat Determination upon the application; and 'WHEREAS on July 10, 2017 the timeframe to render a Preliminary Plat Determination had been mutually extended from June 19, 2017 to December 19, 2017, and WHEREAS, on December 13, 2017 the applicants' agent requested a fifth extension of 6 months (180 days) to render a determination on the Preliminary Plat; and WHEREAS, on January 9, 2018 the timeframe was extended from December 19, 2017 to June 19, 2018; and. WHEREAS, on May 18, 2018 the applicants' agent requested a sixth extension from June 19, 2018 to September 19, 2018 to render a determination on the Preliminary Plat, WHEREAS, on June 5, 2018 the timeframe was extended from June, 19, 2018 to September 19, 2018; and WHEREAS, the applicants' agent requested the seventh,extension from September 19, 2018 to December 19, 2018 to render a determination on the Preliminary Plat, and Southold Town Planning Board Page 1 6 January 14, 2018 WHEREAS, on September 9, 2018 the applicants' agent requested an eighth extension from December 19, 2018 to March 19, 2019 to render a determination on the Preliminary Plat, and WHEREAS, the additional time is needed to await the Town Boards determination on the proposed change of zone, therefore be it RESOLVED, that the timeframe to render a Preliminary Plat Determination is hereby mutually, retroactively extended from December 19, 2018 to March 19, 2019. Mary Eisenstein: Second. Chairman Wilcenski: Motion made by Jim, seconded by Mary. Any discussion? All in favor? Ayes. Opposed? None. Motion carries. Chairman Wilcenski: RCC Sacred Heart—This proposal is for a Standard Subdivision of 35.5 acres into two lots for the purpose of separating an existing cemetery from an agricultural area,,where Lot 1 = 24.65 acres of agricultural land, and Lot 2 = 1'0.86' acres and contains the cemetery of the Roman Catholic Church of the Sacred Heart. In addition, two lot lines of the adjacent parcel belonging to the Roman Catholic Church of Our Lady of Ostrabama, SCTM#1000-96-5-12.2 (Lot 3), will be relocated to allow Lot 1 direct access to Depot Lane; the size of Lot 3 will remain at 7.17 acres. The property is located in the AC Zoning District at 3450 Depot Lane, Cutchogue. SCTM#1000-96-5- 12.2 & 12.3. _Mary Eisenstein: WHEREAS, this proposal is for the standard subdivision of 35.5 acres into two lots for the purpose of separating an existing cemetery from an agricultural area. Lot 1 is 24.65 acres of agricultural land in contract for the sale of Development Rights with Southold Town and Lot 2 is 10.86 acres and contains the cemetery of the Roman Catholic Church of the Sacred Heart. In addition, two lot lines of the adjacent parcel belonging to the Roman Catholic Church of Our Lady of Ostrabama, SCTM#1000-96-5-12.2 (Lot 3), will be relocated to allow Lot 1 direct access to Depot Lane. The size of Lot 3 will remain at 7.17 acres. The property is located in the AC Zoning District at 3450, Depot Lane, Cutchogue; and Southold Town Planning Board Page 17 January 14, 2018 WHEREAS, Lot 1 is proposed to be entirely protected from future development, and is in contract with the Town of Southold for the sale of the development rights; and WHEREAS, Lot 3 will not change in overall area. The lot line on the northwestern boundary will be shifted over to allow the creation of a 50' right of way for the farm parcel. This was necessary due to existing headstones. An equivalent amount of land is being added back to the parcel by moving the northeastern boundary line over; and WHEREAS, on January 8, 2018, the Southold Town Planning Board granted Conditional Final Plat Approval upon the map entitled "Final Plat for Standard Subdivision RCC Sacred Heart" prepared by John C. Ehlers, Land Surveyor, dated November 10, 2017, with conditions; and WHEREAS, the Planning Department coordinated with Land, Preservation to correct a discrepancy in the metes and bounds for the proposed right-of-way; and WHEREAS, on February 21, 2018, the applicant provided a corrected Final Plat and mylars; and - WHEREAS, a lot line modification is proposed as a part of this application,to provide access to proposed Lot 1; and WHEREAS, to allow the applicant to accomplish the condition in the original Conditional Final Plat Approval to close on the sale of development rights to the Town on Lot 1, the lot line modification needed to be completed; and WHEREAS, to complete the lot line modification, the applicant needed to file the deeds for the lot line changes with the Suffolk County Clerk's Office; and WHEREAS, on September 10, 2018, the Planning Board approved of the Lot Line Modifications with the adjacent church and extended the Conditional Final Plat Approval from July 8, 2018, to January 8, 2019, in order to include the condition that the lot line modification be filed with the Suffolk County Clerk's Office prior to Final Plat Approval being issued on the subdivision map; and WHEREAS, on December 26, 2018, the applicant submitted a request by email for an additional 6-month extension of the Conditional Final Plat Approval set to expire on January 8, 2019, due to difficulty obtaining a revised survey to complete the remaining conditions; be it therefore RESOLVED, that the Southold Town Planning Board hereby grants an extension of the Conditional Final Plat Approval on the map entitled "Final Plat for Standard Subdivision RCC Sacred Heart" prepared by John C. Ehlers, Land Surveyor, dated November 10, 2017, with the following conditions; 1. Close on the sale of development rights with the Town of Southold. Southold Town Planning Board a=' a g e 18 January 14, 2018 2. File the covenants and restrictions, as approved by the Planning Board, with the Suffolk County Clerk's Office. Pierce Rafferty: Second. Chairman Wilcenski: Motion made by Mary, seconded by Pierce. Any discussion? All in favor? Ayes. Opposed? None. Motion carries. BOND DETERMINATIONS Bond Reduction: Chairman Wilcenski: The Estates at Royalton - This proposal is for a Standard Subdivision of a 36.9 acre parcel into 12 lots where Lots 1-11 equal 0.7 acres each, and Lot 12 equals 12 acres, located in the A-C_Zoning District. This subdivision includes 15.2 acres of open space and 1.7 acres for a proposed road. The property is located at 55 Cox Neck Road, approximately 490 feet north of Sound Avenue, Mattituck. SCTM#1000-113-7-19.23 Pierce Rafferty: WHEREAS, this Standard Subdivision divided 36.9 acres into 12 ,lots where Lots 1-11 equal 0.7 acres, and Lot,12 equals 12 acres, located in the A-C,Zoning District. This subdivision includes 15.2 acres of open space and 1.7 acres for the road; and WHEREAS, on April 11, 2017 the Southold Town Planning Board accepted the Bond Estimate for The Estates at Royalton dated September 8, 2016 in the amount of $314,870.00; and WHEREAS, on April 27, 2017, the Town of Southold received an Irrevocable Standby Letter of Credit ("ISLC") in the amount of three hundred fourteen thousand, eight, hundredseventy dollars ($314,870.00) dated April 26, 2017 from Bank of America Merrill Lynch on behalf of the Applicant,-55 Cox Neck Road Realty, LLC; and WHEREAS, on January 18, 2018, the Southold Town Planning Board received a letter indicating that the terms of the ISLC remained in effect; and WHEREAS, the ISLC expired on February 28, 2018; and l Southold Town Planning Board p a g e 19 January 14, 2018 WHEREAS, subject to conditions, the ISLC automatically extends without amendment for one additional year from February 28, 2018; and WHEREAS, on February 15, 2018 Bank of America Merrill Lynch was contacted and it was confirmed that the ISLC has been extended to February 28, 2019; and WHEREAS, on January 4, 2019 the applicant requested a further bond reduction; and WHEREAS, on January 4, 2019 the Planning Board was notified that Bank of America Merrill Lynch has elected not to extend the ISLC and it will expire on February 28, 2019; and WHEREAS, on January 10, 2019 James A. Richter, R. A., Town Engineer Office recommended a reduction in the performance guarantee from $180,447.00 to $107,867.00; therefore be it RESOLVED, that the Southold Town Planning Board hereby accepts the Revised Bond Estimate for the Estates at Royalton Subdivision dated January 10, 2019 and prepared by Jamie A. Richter, R. A. in the amount of one hundred seven thousand, eight hundred and sixty seven dollars ($107,867.00) and recommends that the Town Board also accept the Revised Bond Estimate. James Rich III: Second. Chairman Wilcenski: Motion made by Pierce, seconded by Jim. Any discussion? All in favor? Ayes. Opposed? None. Motion carries. SITE PLANS - STATE ENVIRONMENTAL QUALITY REVIEW ACT SEQRA Type Classification/Set Hearing: Chairman Wilcenski: Power Equipment Plus —This Site Plan is for the proposed conversion of an existing 3,011 sq. ft. auto garage to an equipment repair/service/sales center, an existing ±2,800 sq. ft. building to remain as storage, and construction of 16 parking stalls; all on 1.17 acres in the HB Zoning District. The property is located at 825 Pacific Street, Mattituck SCTM#1000-141-4-11 Southold Town Planning Board Page 110 January 14, 2018 James H. Rich III: WHEREAS, this site plan is for the proposed conversion of an existing 3,011 sq. ft. auto garage to an equipment repair/service/sales center, an existing ±2,800 sq. ft. building to remain as storage, and construction of 16 parking stalls; all on 1.17 acres in the HB Zoning District.; and WHEREAS, the Southold Town Planning Board, pursuant to State Environmental Quality Review Act (SEQRA) 6 NYCRR, Part 617.5 (c), determined that the proposed action is a Type II Action as it falls within the following description for 6 NYCRR, Part 617.5(c)(2) replacement, rehabilitation or reconstruction of a structure or facility, in kind, on the same site, including upgrading buildings to meet building or fire codes, unless such action meets or exceeds any of the thresholds in section 617.4 of this Part. The action is for the conversion of an existing building with no footprint expansion, to include equipment repair/service/sales; RESOLVED, that the Southold Town Planning Board has determined that this proposed action is a Type II Action under SEQRA as described above; Mary Eisenstein: Second. Chairman Wilcenski: Motion made by Jim, seconded by Mary. Any discussion? All in favor? Ayes. Opposed? None. Motion carries. James H. Rich III: And be it further RESOLVED, that the Southold Town Planning Board sets Monday, February 11, 2019 at 6:01 p.m. for a Public Hearing regarding the Site Plan entitled "Power Equipment Plus" prepared by John Condon, P.E. dated December 19, 2018. Mary Eisenstein: Second. Chairman Wilcenski: Motion made by Jim, seconded by Mary. Any discussion? All in favor? Ayes. Opposed? Southold Town Planning Board Page 111 January 14, 2018 None. Motion carries. SITE PLANS Determinations: Chairman Wilcenski: Tenedios Agricultural Barn —This Agricultural Site Plan is for a proposed one story 8,664 sq. ft. building to house livestock and store feed, supplies and farm equipment on a 34.5 acre farm, of which 29.5 acres have development rights held by Southold Town and 5 acres have development rights intact in the R-200 Zoning District. The property is located at 28410 Route 25, Orient. SCTM#1000-19-1-1.4 & 1.3 Mary Eisenstein: WHEREAS, this Agricultural Site Plan is for a proposed one story 8,664 sq. ft. building to house livestock and store feed, supplies and farm equipment on a 34.5 acre farm, of which 29.5 acres have development rights held by Southold Town and 5 acres have development rights intact in the R-200 Zoning District; and WHEREAS, on June 28, 2017, William Kelly, authorized agent, submitted a Site Plan Application for review; and WHEREAS, on July 27, 2017, the Planning Bound accepted the application as complete for review; and WHEREAS, the Southold Town Planning Board, pursuant to §280-133 C of the Southold Town Code, has the discretion to waive any or all of the requirements in §280- 133 for those applications involving uses strictly related to agriculture as long as they are not necessary to further the objectives set forth in Town Code §280-129 to maintain public health, safety, and welfare. The Planning Board has found that this application is eligible for a waiver of certain elements of the Site Plan requirements because it is an agricultural use, the details of which are included in the Staff Report dated July 24, 2017; and WHEREAS, the Southold Town Planning Board, pursuant to Southold Town Code §280-131 B (5), has the discretion to vary or waive the parking requirements for Site Plan Applications where doing so would not have a detrimental effect on the public health, safety or general welfare, and will not have the effect of nullifying the intent and provision of the Site Plan Requirements chapter of the Town Code. The Planning Board has found that this application is eligible for a waiver of parking requirements because there is no need to provide for parking - the application is for an agricultural building not open to the public and the parcel is large in size relative to the proposed structure (less than 1% lot coverage total); Southold Town Planning Board Page 112 January 14, 2018 WHEREAS, on August 14, 2017, the Southold Town Planning Board, pursuant to State Environmental Quality Review Act (SEQRA) 6 NYCRR, Part 617.5 (c), determined that the proposed action is a Type II Action as it falls within the following description for 6 NYCRR, 617.5(c)(3) agricultural farm management practices, including construction, maintenance and repair of farm buildings and structures, and land use changes consistent with generally accepted principles of farming. The action is for the construction of a one story 8,664 sq. ft. building to house livestock and store feed, supplies and farm equipment; and WHEREAS, on August 24, 2017, the Planning Board, pursuant to Southold Town Code §280-131 C., distributed the application to the required agencies for their comments; and WHEREAS, on August 31, 2017, the Southold Town Trustees provided comments to the Planning Board for review; and WHEREAS, on September 6, 2017, the New York State Department of Environmental Conservation (NYSDEC) provided comments to the Planning Board stating permit(s) will be required from the NYSDEC; and ' WHEREAS, on September 8, 2017, a Public Hearing was held and adjourned without a date; the Planning Board required that more information be provided; and J WHEREAS, on September 8, 2017, the Southold Town Fire Marshall reviewed and determined that there was adequate fire protection and emergency access for the site; and WHEREAS, on September 25, 2017, the Suffolk County Planning Commission (SCPC) determined the action as a matter for local determination; and WHEREAS, on September 28, 2017, the Southold Town Planning Board required the applicant to correct certain application materials and provide additional information for review; and WHEREAS, on September 29, 2017, the Orient Fire District determined there was adequate fire protection for the site; and . WHEREAS, on October 4, 2017, the Southold Town Land Preservation Committee provided comments to the Planning Board and requested additional information, including a Visual Impact Analysis, to ensure that the proposed use of the property was in accordance with all terms of the recorded Deed, was consistent with both the agricultural value and scenic value of the property and did not detract from, or adversely affect the open space and scenic value protected by the development rights purchase and easement; and Southold Town Planning Board P a g; a 113 January 14, 2018 WHEREAS, on October 10, 2017, the Southold Town Agricultural Advisory Committee provided comments to the Planning Board for consideration; and WHEREAS, on October 31, 2017, Steve Tenedios, owner, submitted a letter clarifying the proposed use of the subject site and proposed building; and WHEREAS, on November 14, 2017,Patricia Moore, authorized agent, submitted corrected information with reference to the September 28, 2017 Planning Board letter; and WHEREAS, on November 30, 2017, a conservation specialist from the United States Department of Agriculture (USDA) Natural Resources-Conservation Service (NRCS) provided comments to the Planning Board for review; and WHEREAS, on December 19, 2017, the Southold Town Engineer reviewed the proposed application and determined the site plan met the minimum requirements of Chapter 236 for Storm Water Management; and WHEREAS, at a work session held on January 22, 2018, the Planning Board reviewed information submitted and the updated application; and WHEREAS, on February 2, 2018, the Southold Town Agricultural Advisory Committee submitted a second letter to the Planning Board and determined that the proposed application is appropriate as presented; and WHEREAS, on February 9, 2018, William Kelly, authorized agent, submitted floor plans,,building elevations and other information as required by the Planning Board; and WHEREAS, on March 16, 2018, the Southold Town Planning Board required the applicant to provide a Visual Impact Analysis, as required by the Land Preservation Committee above, and photographs of existing buildings; and WHEREAS, on March 20, 2018, Patricia Moore, authorized attorney for the applicant, responded by letter to the Planning Board with objections to the requirement of a Visual Impact Analysis; and WHEREAS, on April 4, 2018, William Duffy, Southold Town Attorney, responded by letter to the applicant's attorney affirming the requirement for a Visual Impact Analysis; and WHEREAS, on April 27, 2018, the Town of Southold Local Waterfront Revitalization Program Coordinator reviewed the proposed project and determined it to be consistent with Southold Town LWRP policies provided that the Planning Board considered and required recommendations to the greatest extent practicable; and Southold Town Planning Board Page 114 January 14, 2018 WHEREAS, on May 30, 2018, Patricia Moore, authorized agent, submitted a Visual Impact Analysis to the Planning Board for review; and WHEREAS, on June 8, 2018, the Planning Board referred the Visual Impact Analysis to the Southold Town Land Preservation Committee for review and comment; and WHEREAS, on June 22, 2018, the Southold Town Land Preservation Committee determined that the proposed agricultural barn would be consistent with the purposes and other terms and conditions of the recorded Development Rights Easement if the proposed building was relocated 200' westward and the color scheme was revised; and WHEREAS, on July 5, 2018, William Kelly, authorized agent, submitted photographs of existing buildings to the Planning Board for review; and WHEREAS, on July 9, 2018, the Public Hearing was continued and closed; and WHEREAS, on July 30, 2018, the Planning Board referred the Visual Impact Analysis to the Architectural Review Committee (ARC) for review and comment; and WHEREAS, on August 15, 2018, William Kelly, authorized agent, submitted revised building renderings as required by the Planning Board; and 'WHEREAS, on August 20, 2018, the Architectural Review Committee reviewed the' proposed project and provided recommendations and comments to the Planning Board; and WHEREAS, at a Work Session on August 20, 2018, the Planning Board reviewed comments from referrals and staff analysis, required revisions to the site plan, and determined that once revisions were made to'the site plan, and a permit from the New York State Department of Environmental,Conservation (NYSDEC) was received, all applicable requirements of the Site Plan Regulations, Article XXIV, §280 — Site Plan Approval of the Town of Southold will have been met; and WHEREAS, on October 18, 2018, William Kelly, authorized agent, submitted revised site plans to the Planning Board; and WHEREAS, on November 2, 2018, the Southold Town Chief Building Inspector certified the proposed Agricultural Building as permitted in the R-200 Zoning District; therefore be it RESOLVED, that the Southold Town Planning Board has determined that this proposed action is consistent with the policies of the Town of Southold Local Waterfront Revitalization Program; Pierce Rafferty: Second. Southold Town Planning Board Page 115 January 14, 2018 Chairman Wilcenski: Motion made by Mary, seconded by Pierce. Any discussion? All in favor? Ayes. Opposed? None. Motion carries. Mary Eisenstein: And be it further RESOLVED, that the Southold Town Planning Board approves the Site Plan with conditions entitled "Tenedios Farm", prepared by Jeffrey T. Butler P.E., dated March 22, 2017 and last revised October 16, 2018, and authorizes the Chairman to endorse the Site Plan. Conditions: 1. Prior to the issuance of a building permit, necessary permits from the New York State Department of Environmental Conservation (NYSDEC) shall be obtained and reviewed by the Planning Board. The DEC permit(s) and associated plans approved by the NYSDEC must be submitted to the Planning Board for their review to ensure they are substantially in agreement. Any differences in the site plan approved by the Planning Board and the plan approved by the NYSDEC may require the site plan approved by the Planning Board to be amended prior to building permits, depending on the nature and significance of the difference; 2. Livestock grazing, paddocks, shelters and enclosures shall be located outside the vegetated buffers shown on the site plan; 3. Livestock shall be prevented from entering the vegetated buffers; 4. Buffers Vegetated Buffers 2 & 3 shall be managed for the following benefits: a. Provide denitrification and nutrient uptake; b. Slow water runoff and enhance infiltration; c. Trap pollutants in surface runoff & subsurface flow, d. Stabilize soils. Southold Town Planning Board Page 116 January 14, 2018 Vegetated Buffer T shall be managed to maintain existing trees, shrubs and groundcover; 5. The barn and the driveway to the barn shall be used for agricultural purposes only as per the Town's easement; 6. The public is not permitted to access the barn; 7. Signs Any sign that requires a sign permit must be reviewed and approved by the Planning Board prior to installation; 8. Lighting The only exterior light fixtures permitted at this site are as shown on the Lighting Plan of the Approved Site Plan. Any future exterior light fixtures beyond those shown on the approved plan must be reviewed for compliance and approved by the Planning Board prior to installation; 9. The Planning Board strongly encourages the property owner to follow the guidelines developed by the USDA for sustainable numbers of animals on pasture. The Board further encourages the farm owner to request a nutrient management plan for the animal husbandry portion of the farm, as well as consulting with the USDA Natural Resource Conservation Service (NRCS). The Board also strongly encourages the property owner to develop a Comprehensive Nutrient Management Plan (CNMP) to address nutrient loading to surface and ground waters by working with the Suffolk County Soil and Water Conservation District and/or USDA NRCS. Pierce Rafferty: Second. Chairman Wilcenski: Motion made by Mary, seconded by Pierce. Any discussion? All in favor? Ayes. Opposed? None. Motion carries. Southold Town Planning Board Page 1 17 January 14, 2018 Chairman Wilcenski: Vineyard View—This proposed Residential Site Plan is for 50 multiple dwelling units in seven buildings. All units are proposed to be offered for rent at rates set by the federal government for affordability for the next 50 years. The plan includes 14 one-bedroom units, 22 two-bedroom units and 14 three-bedroom units, a 2,649 sq. ft. community center, 104 parking spaces; and various other associated site improvements, on a vacant 17.19-acre parcel of which 10 acres will be preserved as open space (6.3 acres upland and 3.7 acres wetlands), in the Hamlet Density (HD) Zoning District located on the s/s of County Road 48 ±1,600' n/e/o Chapel Lane, Greenport. SCTM#1000-40-3-1 Pierce Rafferty: WHEREAS, this proposed Residential Site Plan is for 50 multiple dwelling units in seven buildings. All units are proposed to be offered for rent at rates set by the federal government for affordability for the next 50 years. The plan includes 14 one-bedroom units, 22 two-bedroom units and 14 three-bedroom units, a 2,649 sq. ft. community center, 104 parking spaces; and various other associated site improvements, on a vacant 17.19-acre parcel of which 10 acres will be preserved as open space (6.3 acres upland and 3.7 acres wetlands), in the Hamlet Density (HD) Zoning District located on the s/s of County Road 48 ±1,600' n/e/o Chapel Lane, Greenport; and WHEREAS, on February 28, 2018 and March 22, 2018, Christopher Dwyer, authorized agent, submitted a Residential Site Plan Application for review; and WHEREAS, on March 26, 2018, the Planning Board accepted the application as complete for review; and WHEREAS, on April 6, 2018, the Planning Board, pursuant to Southold Town Code §280-131 C., distributed the application to the required agencies for their comments; and WHEREAS, on April 9, 2018, the Planning Board, pursuant to State Environmental Quality Review Act (SEQRA) 6 NYCRR, Part 617, determined that the proposed action is an Unlisted Action as it does not meet any of the thresholds of a Type I Action, nor does it meet any of the criteria on the Type II list of actions; and WHEREAS, on April 9, 2018, the Planning Board set the preliminary public hearing for May 7, 2018; and WHEREAS, on April 10, 2018, Christopher Dwyer, authorized agent, submitted a code- compliant photometric plan for review; and WHEREAS, on April 10, 2018, the Southold Town Chief Building Inspector determined that the proposed use is not permitted in the Hamlet Density (HD) Zoning District; and Southold Town Planning Board Page 118 January 14, 2018 WHEREAS, on April 18, 2018, the Architectural Review Committee (ARC) approved the proposed action as submitted; and WHEREAS, on April 20, 2018, the Suffolk County Department of Health Services (SCDHS) determined that a wastewater treatment permit is required; and WHEREAS, on April 27, 2018, the Southold Town Transportation Commission provided recommendations to the Planning Board; and WHEREAS, on May 4, 2018, the Suffolk County Water Authority (SCWA) issued a letter of water availability for the subject site; and WHEREAS, on May 7, 2018, a Preliminary Public Hearing was held and closed; and WHEREAS, on May 14, 2018, the Southold Town Trustees approved the proposed action as submitted; and WHEREAS, on May 16, 2018, the Planning Board sent a request to the Southold Town Zoning Board of Appeals (ZBA) for a determination on whether the proposed use is permitted in the Hamlet Density (HD) zoning district; and WHEREAS, on May 29, 2018, the Southold Town Fire Inspector reviewed and determined that there was adequate fire protection and emergency access for the site; and ` WHEREAS, on May 31, 2018, the Greenport Fire District determined there was adequate fire protection for the site; and WHEREAS, on June 20, 2018, the Southold Town Engineer reviewed the proposed application and determined the site plan met the minimum requirements of Chapter 236 for Storm Water Management; and WHEREAS, on June 22, 2018, the Planning Board reviewed the proposed application and required a Visual Impact Analysis due to the property's location on the New York State Scenic Byway. They also required some additional information, and that the driveway location be marked at the site to facilitate a site visit by the Planning Board and the Suffolk County Department of Public Works (SCDPW); and WHEREAS, in answer to the request by the Planning Board for a clarification on interpreting the bulk schedule relative the density and unit size for this project, as well as a determination on the proposed use and whether it is permitted in the Hamlet Density zoning district, the Southold Town Zoning Board of Appeals (ZBA), on July 30, 2018, determined the following: (1) the Planning Board's utilization of the Density, Minimum Lot Size and Bulk Schedules in the Town Code as described is consistent with the Zoning Code; and Southold Town Planning Board Page 119 January 14, 2018 (2) the residential site plan known as Vineyard View, consisting of seven (7) multiple dwellings containing a total of 50 dwelling units, as applied for, is a permitted use in the HD zoning district and all of the proposed dwelling units comply with Density, Minimum Lot Size and Bulk Schedules in the Town Code pursuant to ZBA file #7195; and WHEREAS, on August 6, 2018, a Public Hearing was held and kept open for written comments until August 20, 2018; and WHEREAS, on August 7, 2018, Christopher Dwyer, authorized agent, submitted a Visual Impact Analysis for review; and WHEREAS, on September 5, 2018, the Planning Board accepted the revised yield map dated October 2017 and last revised August 30, 2018. The yield map required revision due to the New York State Department of Environmental Conservation's requirement that a different wetlands delineation than the one they originally-used was required; and WHEREAS, on September 12, 2018, Christopher Dwyer, authorized agent, submitted a revised photometric plan for review; and WHEREAS, on September 14, 2018, the Town of Southold Local Waterfront Revitalization Program Coordinator reviewed the proposed project and determined the project to be consistent with Southold Town LWRP policies with recommendations to the Planning Board; and WHEREAS, at a Work Session on September 24, 2018, the Planning Board reviewed the proposed application and required revisions to the Site Plan to make it comply with various applicable sections of the Town Code; and WHEREAS, on September 25, 2018, the Planning Board received a Letter of No Jurisdiction from the New York State Department of Environmental Conservation with recommendations for the protection of Northern Long-eared Bats, a federal and state- listed threatened species; and WHEREAS, on October 9, 2018 the Suffolk County Planning Commission (SCPC) provided comments regarding the proposed action; and WHEREAS, on October 15, 2018, the Southold Town Planning Board, as Lead Agency pursuant to SEQRA, made a determination of non-significance for the proposed action and granted a Conditioned Negative Declaration; and WHEREAS, on October 15, 2018, the Southold Town Planning Board determined that while the proposed residential site plan presents a proper case for requiring a park, a suitable park cannot be properly located on the property, and a fee of$343,000.00 is required in lieu thereof; and Southold Town Planning Board Page 120 January 14, 2018 WHEREAS, on October 15, 2018, the Southold Town Planning Board determined that the proposed action is consistent with the policies of the Town of Southold Local Waterfront Revitalization Program; and WHEREAS, on October 23, 2018, the Southold Town Board passed a resolution, (2018-946) to waive the Park & Playground fee for this application; and WHEREAS, on October 25, 2018, the Suffolk County Department of Public Works (SCDPW) determined that a highway work permit is required; and WHEREAS, on December 14, 2018 the Planning Board received a Bond Estimate (aka Performance Guaranty) and referred it to the Office of the Town Engineer for review; and WHEREAS, on January 4, 2019, Christopher Dwyer, authorized agent, submitted revised site plans for review; and WHEREAS, at their meeting on January 14, 2019, the Planning Board approved the Bond Estimate (aka Performance Guaranty) in the amount of $223,185.30, and recommended same to the Town Board; and WHEREAS, on January 14, 2019, the Southold Town Planning Board determined that all applicable requirements of the Site Plan Regulations, Article XXIV, §280 — Site Plan Approval of the Town of Southold were met; and RESOLVED, that the Southold Town Planning Board hereby grants Approval With Conditions, listed below, of the residential site plan entitled "Vineyard View" prepared by L.K. McLean Associates, P.C., dated March 5, 2018, and last revised December 18, 2018, and authorizes the Chairman to endorse the site plan after Conditions "A" through "D" below are met: Conditions (to be fulfilled prior to approval/endorsement of site plan) A. Obtain approval from the Suffolk County Department of Health Services (SCDHS) and provide one (1) print of the approved plan including the allowable flow for the site with the seal, stamp and signature of the SCDHS. B. Obtain a highway work permit from the Suffolk County Department of Public Works (SCDPW). C. Performance guaranty (aka Bond) estimate approved by resolution of the Town Board, as submitted on 12/17/2018. The intent of this performance guaranty is to include any off-site improvements required by the Board, and, at a minimum, enough funds to take the necessary steps to secure or restore the site (e.g. security fence) and prevent erosion and runoff, and any other hold-over measures should there be a failure on the part of the applicant to complete the project. Southold Town Planning Board Page 121 , January 14, 2018 D. Performance Guaranty submitted and accepted by Planning Board and Town Board. _ Conditions of approval (ongoing) Vineyard View Site Plan Application Approved January 14, 2019 1. There shall be no subdivision of this parcel resulting in additional building lots. No lot lines shall be changed unless authorized by the Town Planning Board by a majority plus one vote and after a public hearing. 2. All aspects of the project shall be constructed and maintained substantially in accordance with the approved site plan including the architectural drawings, except where the site plan is amended as authorized by the Town Planning Board. 3. Covenants and Restrictions (C&Rs) acceptable to the Planning Board are to be filed by the applicant with the Office of the Suffolk County Clerk prior to receiving certificates of occupancy. 4. The community building and grounds are for the personal enjoyment of the occupants of units in Vineyard View and their guests, and shall not be rented or leased for use by others for special events, including but not limited to weddings, fund-raisers and parties. 5. There shall be no more than 50 dwelling units. Accessory apartments are not permitted. 6. The property owner will provide signage for bike safety as frequently as the Suffolk County Department of Public Works (SCDPW) will allow in the stretch of CR 48 between the site's driveway and Moore's Lane; on both sides of the road. The design of the signs will be in accordance with the SCDPW. In addition, the Town Planning Board will send a request to the SCDPW for additional measures to provide bicycle and pedestrian safety along this stretch of CR 48, and if additional measures such as pavement markings or additional signage are approved by the County prior to their receiving their certificate of occupancy, Conifer will install them in the shoulders between the site driveway and Moore's Lane. 7. The property owner will purchase and install a bus shelter as shown on the approved site plan, if approved by the SCDPW prior to their receiving their certificate of occupancy. The design of the bus shelter must be substantially similar in appearance to the other bus shelters located in the Town, or otherwise acceptable ;, Southold Town Planning Board . Page 122 January 14, 2018 to the Town Planning Board. The property owner shall maintain any future bus shelter located at this site. 8. All exterior lighting on the property, including lighting on the residential units, shall comply with the provisions of Chapter 172 of the Town Code, and the lighting plan pages of the approved site plan. Any future exterior light fixtures not shown on the r approved site plan must be reviewed for compliance and approved by the Planning Board prior to installation. 9. All exterior signage on the property, shall comply with Town Code. Any future signage not shown on the approved site plan must be reviewed for compliance and approved by the Planning Board prior to installation. 10.Parking for residents or visitors to this development is permitted in designated parking areas only. No parking on County Road 48. 11.All trees and landscaping are required to be maintained by the property owner as shown on the approved site plan. Should a tree die or otherwise be destroyed, it must be replaced with the same species and size as shown on the approved site plan within 6 months. Any change in tree or landscaping species must be approved in writing by the Planning Board. 12.Affordability a. In years 1 through 50, the maximum rents and maximum family income of tenants shall be in accordance with section 42 of the IRS tax code, or as Section 42 may be amended in the future. Fifty percent of the units shall be affordable and reserved for households earning up to 50% of the U.S. Department of Housing and Urban Development (HUD) Area Median Income (AMI) for Nassau and Suffolk County (or the current designated geography) and 50% of the units shall be affordable and reserved for households earning up to 60% HUD AMI for Nassau and Suffolk County (or the current designated geography). Year 1 begins upon receipt of the final certificate of occupancy b. From year 51 on, 50% of the units shall be affordable and reserved for families earning up to 80% of the HUD Area Median Income for Nassau and Suffolk County (or the current designated geography) in accordance with the same formula used in calculating Section 42 rents and income. c. The owner or manager of this property will provide updates on the AMI and utility allowances to the Town Planning Board and Town Government Liaison annually. Southold Town Planning Board Pagc 123 January 14, 2018 13.Groundwater Conservation a. A separate well(s) shall be used for all irrigation to reduce the use of water from the Suffolk County Water Authority's system. b. No more than 1,000 gallons per day shall be used for irrigation. c. The well(s) shall include a meter to monitor the use of water for irrigation. A report of the number of gallons of water used each month for irrigation must be sent annually to the Planning Board. d. The pump for the well(s) shall not create noise that measures more than 50dB at the nearest residential structure. e. The use of native, drought-tolerant plants and drip irrigation in landscaping is required. f. An irrigation timing plan will be implemented for the site to be irrigated in phases so that sections of the site are irrigated on alternating days and the entire site is not irrigated all at the same time. g. An organic matter soil amendment (i.e. composted leaf mold) will be incorporated into the topsoil at a ratio of one part organic matter to two parts native topsoil, to increase its water-holding capacity. h. Coarse mulch at a minimum depth of 3" is required on all planted material. i. Soil moisture.sensors will be used with the irrigation system, to water only when necessary during times of low soil moisture. j. Total long-term irrigation of the site will be limited to 15% of the land area of the site. k. Low-flow plumbing fixtures shall be used within the residential units and the community building on the.property. 14.Surface and Groundwater Quality Protection a. The application of synthetic herbicides and pesticides,is prohibited. b. The use of pesticides on and around surface waters (wetlands, storm water_ controls, ponding) is prohibited. c. The application of integrated.pest management is encouraged. Southold Town Planning Board Page 124 January 14, 2018 d. Fertilizer will be applied only after it has been determined to be necessary by soil test, and only in the smallest amount necessary. e. Only organic-based nitrogen fertilizer with a low-Nitrogen nutrient ratio and high percentage of Water-Insoluble Nitrogen (WIN), 50 percent minimum is permitted to be used. This practice will allow for slow release of nitrogen, driven only by biological activity, typically in soil temperatures above 55° F, and will prevent nitrogen leaching. f. A maximum of 1 lb of nitrogen per 1,000 square feet in any one application with cumulative application of no more than 2 lbs per 1,000 square feet per year is permitted. g. The use of phosphorous containing lawn fertilizer is prohibited unless establishing a new lawn or soil test shows that the lawn does,not have enough phosphorus. Fertilizer labels have three bold numbers. The number in the middle is the percentage of phosphorus in the product, e.g. 22-0-15. Use of products with 0.67 in the middle or lower is not restricted. Products with a _number higher than 0.67 may only be used if a new lawn is being established or a soil test indicates it is necessary. h. A staging area, during construction, for heavy equipment, vehicle parking, materials and stockpiling, fuel storage and handling, etc. should be pre- designated and located as far from wetlands as possible. Spill protocols shall be enacted. 15.Wildlife Habitat Protection Areas (Non-Disturbance Buffer and Wetlands) a. A vegetated non-disturbance buffer hereinafter the "non-disturbance buffer", and the wetlands areas, as shown on the approved site plan, shall be protected for the purpose of preserving existing trees and natural vegetation, and providing wildlife habitat and a buffer to the adjacent wetlands and woodlands. The areas are to be left in their natural state. b. Vegetation Removal or Disturbance i. The cutting, removal or disturbance of vegetation, including trees, shrubs, i and groundcover, is prohibited in the non-disturbance and wetland areas, except to remove dead or invasive non-native plants or trees. Any cutting, removal or disturbance of vegetation must receive prior written consent of the Southold Town Planning Board. This written consent may be granted only to control or prevent the spread of disease or invasive plant or animal species. The non-disturbance buffer may be supplemented with native vegetation plantings according to a re-vegetation plan with prior written consent of the Southold Town Planning Board. Southold Town Planning Board Page 1 25 January 14, 2018 ii. . A dead or diseased tree in the non-disturbance buffer that, in the opinion of a certified arborist, represents an imminent threat to structures or people, may be removed without prior Planning Board approval, and the arborist shall submit a report of any such removal to the Planning Board within one business day after such removal. Vegetation must be hand- pulled, hand-cut, or cut with machinery selective enough to keep nearby native plants intact to the greatest extent practicable. c. Excavation, grading and removal of natural materials are prohibited. d. No structures are permitted in the non-disturbance and wetland areas. e. The use of motorized vehicles is prohibited in the non-disturbance and wetland areas. f. Dumping or accumulation of unsightly or offensive materials including, but not limited to trash, garbage, sawdust, ashes or chemical waste is prohibited in the non-disturbance and wetland areas. 16.Wildlife Protection During Construction a. The land area to be cleared shall be staked and inspected by the Planning Board or their designees, as well as the Town Engineering Department prior to any land clearing. b. Site clearing activities shall begin at CR 48 and proceed towards the open space/natural areas. c. The Town Planning Department and the Town Engineering Department shall be notified by phone or email two days prior to clearing taking place on site. d. Wildlife sweeps conducted by a qualified wildlife biologist prior to clearing by heavy equipment will be required. 17. Eastern Box Turtle To minimize the loss of Eastern Box Turtles, the entire area of construction must be encircled by silt-fencing (aka turtle barriers) as described below prior to any clearing at the site. Any clearing at the site scheduled from April 1St through October 31St will be preceded by box turtle surveys following the protocol below: a. Prior to the commencement of any clearing activity, temporary turtle barriers (silt fencing) shall be installed around the limits of work and pre-construction turtle surveys must be conducted during appropriate weather conditions. Southold Town Planning Board Page 126 January 14, 2018 b. Installation of the temporary turtle barriers must minimize vegetation disturbance. No clearing may occur outside the Limits of Work as shown on the approved site plan page E1 "Conditions and Removals". c. The bottom of the silt fencing must be buried in a 4-6 inch deep trench. The trench must be backfilled and compacted. If it is not possible to dig a trench, then the bottom of the barrier must be affixed to the surface. d. The silt fencing must be composed of at least 2 Y2 feet of vertical barrier above ground. Once installed, the barrier shall be taut between the stakes. Slumps or loose materials will undermine the effectiveness of the barrier. No hay bales or other backing material shall be used. e. The limits of work must be encircled completely by the silt fence to exclude turtles from entering the area, but able to be opened for equipment to go in and out during working hours (and closed again at the end of the work day). f. The turtle barrier (silt fencing) should be installed immediately prior to the required survey. g. The biologist leading the survey shall inspect the barrier and facilitate any repairs/alterations necessary to ensure the integrity of the barrier. h. Turtle barriers may not be removed from the site until the project is complete and is stabilized by vegetation. i. Surveys for Eastern Box Turtles must be led by a herpetologist or wildlife biologist with experience locating wild box turtles. j. The survey effort required must equal the following: area of impact x 4 person- hours/acre = total person-hours of survey effort. k. Timing of survey • The survey for Eastern Box Turtles must be conducted immediately preceding clearing activity. • Surveys must be conducted at the time-of peak activity for turtles, to the greatest extent practicable and as advised by the herpetologist. I. Any box turtles found during the search will be captured and relocated to an undisturbed area on the property as far from the proposed clearing as possible. m. Documentation and results of the survey must be provided to the Planning Department as soon as possible after completion and prior to clearing. Southold Town Planning Board Page 127 January 14, 2018 Routine turtle barrier maintenance: Maintenance of the turtle barrier is required during the Turtle Active Season (April 1st through October 31st) — Once per month a person familiar with barrier maintenance and installation shall inspect the barrier and facilitate any repairs or alterations. The turtle barrier should remain taut between stakes and any holes along the bottom repaired. Outside the Turtle Active Season (November 1'st through March 31st) A biologist shall conduct an early season inspection in late March or early April to facilitate any repairs or alteration necessary for the turtle barrier to function for turtle protection. 18.Northern long-eared bat a. No tree removal during the pup season from June 1 through July 31. b. A wildlife biologist experienced with finding bats will be deployed on site prior to any tree-clearing to search for any signs of bat roosting. c. As recommended by the NYS DEC, any clearing between April 1 and October 31 will require vigilance to avoid a taking of this federal and state-listed threatened species. d. Trees around the perimeter shall be preserved within the buffer shown on the site plan. e. Trees capable of providing roost trees within the development area shall be preserved to the greatest extent practicable. 19.Construction Management a. Construction activities shall only occur from 7:00 a.m. to 6:00 p.m. on weekdays and Saturdays. b. No construction activities are permitted on Sundays, year-round, or the following holidays: • New Year's Day • Memorial Day • Independence Day (July 4th) • Labor Day • Thanksgiving • Christmas Day F Southold Town Planning Board Page 128 January 14, 2018 James H. Rich III: Second. Chairman Wilcenski: Motion made by Pierce, seconded by Jim. Any discussion? All in favor? Ayes. Opposed? None. Motion carries. Chairman Wilcenski: Jakubiuk Agricultural Building —This Site Plan is for the proposed construction of a 1-story 7,200 sq. ft. building for agricultural storage, and no basement located on ±22.5 acres of farmland with Development Rights held by the Town of Southold in the AC Zoning District, Southold. The property is located at 5455 Youngs Avenue, Southold. SCTM#1000-55-1-8.3 James H. Rich III: WHEREAS, this site plan is for the proposed construction of a 1-story 7,200 sq. ft. building for agricultural storage, and no basement located on ±22.5 acres of farmland with Development Rights held by the Town of Southold in the AC Zoning District, Southold; and WHEREAS, on September 4, 2018, Victor Prusinowski, authorized agent, submitted an application for Site Plan review; and WHEREAS, the Southold Town Planning Board, pursuant to §280-133 C of the Southold Town Code, has the discretion to waive any or all of the requirements in §280- 1-33 for those applications involving uses strictly related to agriculture as long as they are not necessary to further the objectives set forth in Town Code §280-129 to maintain public health, safety, and welfare. The Planning Board has found that this application is eligible for a waiver of certain elements of the Site Plan requirements because it is an agricultural use, the details of which are included in the Staff Report dated September 10, 2018; and WHEREAS, the Southold Town Planning Board, pursuant to Southold Town Code §280-131 B (5), has the discretion to vary or waive the parking requirements for Site Plan Applications where doing so would not have a detrimental effect on the public health, safety or general welfare, and will not have the effect of nullifying the intent and provision of the Site Plan Requirements chapter of the Town Code. The Planning Board has found that this application is eligible for a waiver of parking requirements because there is no need to provide for parking - the application is for an agricultural storage Southold Town Planning Board Page 129 January 14, 2018 building not open to the public and the parcel is large in size relative to the proposed structure (less than 1% lot coverage total); WHEREAS, on September 10, 2018, the Planning Board formally accepted the agricultural application as complete for review; and WHEREAS, on September 10, 2018, the Southold Town Planning Board, pursuant to State Environmental Quality Review Act (SEQRA) 6 NYCRR, Part 617.5 (c), determined that the proposed action as a Type II-Action as it falls within the following description for 6 NYCRR, Part 617.5(c)(3) agricultural farm management practices, including construction, maintenance and repair of farm buildings and structures, and land use changes consistent with generally accepted principles of farming. The action is for the construction of a 1-story 7,200 sq. ft. building for agricultural storage and no basement; and WHEREAS, on October 9, 2018, the Planning Board, pursuant to Southold Town Code §280-131 C., distributed the application to the required agencies for their comments; and - WHEREAS, on October 15, 2018, a Public Hearing was held and closed; and WHEREAS, on October 15, 2018, the Architectural Review Committee reviewed the application and approved it as submitted; and WHEREAS, on October 28, 2018, the Southold Fire District determined there was adequate fire protection for the site; and WHEREAS, on October 31, 2018, the Southold Town Fire Marshall reviewed and determined that there was adequate fire protection and emergency access for the site; and WHEREAS, "on October 31, 2018, the Southold Town Engineer reviewed the above- referenced application and has determined that the proposed building and site meet the minimum requirements of Chapter 236 for Storm Water Management; and WHEREAS, on November 2, 2018, the Southold Town Land Preservation Committee determined that the'proposed dry storage barn is consistent with the purposes and other terms and conditions of the recorded Development Rights Easement; and WHEREAS, on November 14, 2018, the Southold Town Agricultural Advisory Committee determined that the proposed application is appropriate as presented; and WHEREAS, on November 14, 2018 the Suffolk County Planning Commission (SCPC) recommended that the proposed action is a matter for local determination; and Southold Town Planning Board Page 130 January 14, 2018 WHEREAS, on November 15, 2018, the Town of Southold LWRP Coordinator reviewed the above-referenced project and has determined the proposed project to be consistent with Southold Town LWRP policies; and WHEREAS, on January 9, 2019, the Southold Town Chief Building Inspector reviewed and certified the proposed Agricultural Storage Building as a permitted use in the A-C Zoning District; and WHEREAS, on January 14, 2019, the Southold Town Planning Board determined that all applicable requirements of the Site Plan Regulations, Article XXIV, §280 — Site Plan Approval of the Town of Southold, have been met; therefore, be it RESOLVED, that the Southold Town Planning Board hereby waives certain'Site Plan Application requirements as noted above. Mary Eisenstein: Second. Chairman Wilcenski: Motion made by Jim, seconded by Mary. Any discussion? All in favor? Ayes. Opposed? None. Motion carries. James H. Rich III: And be it further RESOLVED, that the Southold Town Planning Board hereby waives the parking requirements as noted above. Mary Eisenstein: Second. Chairman Wilcenski: Motion made by Jim, seconded by Mary. Any discussion? All in favor? Ayes. Opposed? None. Motion carries. Southold Town Planning Board Page 1 31 January 14, 2018 James H. Rich III: And be it further RESOLVED, that the Southold Town Planning Board has determined that this proposed action is consistent with the policies of the Town of Southold Local Waterfront Revitalization Program. Mary Eisenstein: Second. Chairman Wilcenski: Motion made by Jim, seconded by Mary. Any discussion? All in favor? Ayes. Opposed? None. Motion carries. James H. Rich III: And be it further RESOLVED, that the Southold Town Planning Board grants Approval with four (4) conditions to the Site Plan entitled "Jakubiuk Farm & Nursery LLC' prepared by Nathan Taft Corwin III, L.S., dated January 22, 2018 and last revised December 3, 2018 and authorizes the Chairman to endorse the Site Plan. Conditions: 1. This agricultural site plan is for a 7,200 sq. ft. dry storage barn to house accessory equipment and materials connected to growing an agricultural product, including but not limited to nursery stock on the farm pursuant to the recorded easement with the Southold Town Land Preservation Committee; and 2. The use of this building or site for storage or staging of equipment or materials for a lawn-care/yard maintenance or masonry business or similar contractor business is not permitted; and 3. Access to this barn by the public is not permitted; and No exterior lights were reviewed or approved in connection with this site plan. Any exterior lights on or around the outside of this building must be reviewed and approved by the Planning Board and must meet Town Code §172 Lighting. Mary Eisenstein: Second. Southold Town Planning Board P 9 e 132 January 14, 2018 Chairman Wilcenski: Motion made by Jim, seconded by Mary. Any discussion? All in favor? Ayes. Opposed? None. Motion carries. BOND DETERMINATIONS Accept Performance Guarantee: Chairman Wilcenski Vineyard View—This proposed Residential Site Plan is for 50 multiple dwelling units in seven buildings. All units are proposed to be offered for rent at rates set by the federal government for affordability for the next 50 years. The plan includes 14 one-bedroom units, 22 two-bedroom units and 14 three-bedroom units, a 2,649 sq. ft. community center, 104 parking spaces; and various other associated site improvements, on a vacant 17.19-acre parcel of which 10 acres will be preserved as open space (6.3 acres upland and 3.7 acres wetlands), in the Hamlet Density (HD) Zoning District located on the s/s of County Road 48 ±1,600' n/e/o Chapel Lane, Greenport. SCTM#1000-40-3-1 Mary Eisenstein: WHEREAS, this proposed Residential Site Plan is for 50 multiple dwelling units in seven buildings. All units are proposed to be offered for rent at rates set by the federal government for affordability for the next 50 years. The plan includes 14 one-bedroom units, 22 two-bedroom units and 14 three-bedroom units, a 2,649 sq. ft. community center, 104 parking spaces; and various other associated site improvements, on a vacant 17.19-acre parcel of which 10 acres will be preserved as open space (6.3 acres upland and 3.7 acres wetlands), in the Hamlet Density,(HD) Zoning District located on the s/s of County Road 48 ±1,600' n/e/o Chapel Lane, Greenport; and WHEREAS, on December 17, 2018, Christopher Dwyer, agent for KACE LI LLC, submitted a Draft Bond Estimate for Vineyard View; and WHEREAS on December 17, 2018, the Southold Town Engineering Department reviewed and accepted the Draft Performance Guaranty Estimate (aka'Draft Bond Estimate) for Vineyard View in the amount of$223,185.30; and WHEREAS, on January 14, 2019, the Planning Board reviewed the estimate at their work session and accepted the estimate in the amount of$223,185.30; therefore be it Southold Town Planning Board Page 1 33 January 14, 2018 RESOLVED, that the Southold Town Planning Board hereby accepts the Performance Guaranty Estimate for the residential site plan, Vineyard View, in the amount of $223,185.30, and recommends same to the Town Board. Pierce Rafferty: Second. Chairman Wilcenski: Motion made by Mary, seconded by-Pierce. Any discussion? All in favor? Ayes. Opposed? None. Motion carries. PUBLIC HEARINGS Chairman Wilcenski: 6:01 p.m. — Duffy Standard Subdivision —This proposal is for a Standard Subdivision of a 3.02 acre parcel into two lots, where Lot 1 is 1.69 acres and Lot 2 is 1.33 acres in the R-40 Zoning District. This parcel is located on the west side of the intersection of Little Peconic Bay Road and Wunneweta Road, Nassau Point, Cutchogue. SCTM#1000-111-11-26.1 Chairman Wilcenski: At this point if anyone would like to address the Board regarding Duffy Standard Subdivision, please step to one of the podiums, state your name, write your name for the record and address your comments to the Board. Michael A. Kimack: Good Evening. I'm Michael A. Kimack, agent for the applicant. You've already delineated the size of the two lots proposed. They are larger than the R- 40 lots around there. Just to give a little bit of additional information: roughly 70% of both lots would be preserved. The clearing represents between 25%-30% overall. There's a 30 foot lot buffer of trees all the way around and there's about 100 foot of lot buffer between the two lots. In addition, the driveways are sided so there is good visibility. There's one off of Wunneweta and one off of Little Peconic Bay. Of the 22, 15 inch caliper trees are beyond that, the way everything has been sited, only four maybe interdicted overall, so they're preserving the major portion of the trees; Mostly falling within the buffer zone. That's it. Chairman Wilcenski: Thank you. Yes, Sir. Go ahead. Robert Zeien: Hi. My name is Bob Zeien. I live at 3280 Wunneweta Road, that just boarders on this piece of property. Just a couple of concerns that I have is the proximity of the building on Lot 1 to the property line. What looks to be the rear corner of the Southold Town Planning Board a q e 134 January 14, 2018 house is within some 30 feet of the property line. If that's the rear of the house, I believe the R-40 zoning is 50 feet. Chairman Wilcenski: Can we bring that up Brian? Brian Cummings: Yeah, we just had an error here though. Chairman Wilcenski: Okay. We're taking the information, some of the questions we can't answer right now, but we will make sure that all and everybody's comments are addressed. Mr. Kimack, I'll give you a chance to respond once he finishes, thank you. Robert Zeien: I understand. It just concerns me. Just one other minor thing: it says "dwellings of public water" on my property and we don't�have public water there. One other item was: on the back of my piece of property, on the survey, there's a right of way that goes through the back - which I've got a picture of if you need — it just sort of disappears as it gets into Lot 2. I'm not sure if that's maintained in any way where the house is there. So it's just something to look at. I believe it's the Nassau Point Property Owners Association right of way. I've been there for 25 years so anybody using that is welcome to it as far as I'm concerned. Chairman Wilcenski: Okay. Thank you, your comments will be looked into and responded to. Robert Zeien: Okay. Thank you. Mark Terry: Can you obtain his picture of the right of way? Chairman Wilcenski: Excuse me, sir. Could you bring that up to the staff? The picture of the right of way? Chairman Wilcenski: Mr. Kimack, do you have a response? You don't have to respond. Michael A. Kimack: I can respond to two of the questions. The gentleman questioned whether or not the rear yard setback being 50 feet. When you've got two roads, we have an opportunity to choose which side of the lot we have as a side yard and a rear yard. In this particular case, the rear yard actually is 65 feet because it's against Lot number 1 essentially. And the side yard is the 15 feet on the,back property. It meets the zoning requirements. Chairman Wilcenski: In other words, what you're considering rear yard is what they're considering the side yard because they chose the different side of the Iota Michael A. Kimack: There is an existing water main in the street. That is proposed to be tapped into. And that's it. Southold Town Planning Board P- a g e 135 January 14, 2018 Chairman Wilcenski: Would anybody else like to address the board on Duffy Standard Subdivision? Anyone? Does any, staff or any other board member have any questions for Mr. Kimack? Can I get a motion to close the hearing? James H. Rich III: I make a motion to close the hearing. Mary Eisenstein: I second. Chairman Wilcenski: Motion made by Jim, seconded by Mary. Any discussion? All in favor? Ayes. Opposed? None. Motion carries. Chairman Wilcenski: 6:02 p.m. — Hazard Standard Subdivision—The owner of Lot 2 of the Hazard Standard Subdivision, approved by the Planning Board on April 9, 2018, has requested an amendment to the covenants. A four foot path is permitted through the non-disturbance buffer, with no structures allowed. The owner has requested that a catwalk structure over the bank be permitted within the four foot path. The property is located at 1465 & 1575 Harbor Lane, in Cutchogue. SCTM#1000-103-2-1.1 & 1.2. Chairman Wilcenski: At this point if anyone would like to address the Board regarding Hazard Standard Subdivision, please step to one of the podiums, state your name, write your name for the record and address your comments to the Board. David Hazard: Yeah, I'm David Hazard, owner. If you have any questions, I'd be happy to answer-them. Chairman Wilcenski: Does any staff or board members have any questions for Mr. Hazard? No one? Thank you. Would anybody else like to address the Board on Hazard Standard Subdivision? Anyone? Can I have a motion to close the hearing? James H. Rich III: I make a motion to close the hearing. Mary Eisenstein: I second. Chairman Wilcenski: Motion made by Jim, seconded by Mary. Any discussion? All in favor? Ayes. Southold Town Planning Board Page 1 36 January 14, 2018 Opposed? None. Motion carries. Chairman Wilcenski: 6:03 p.m. — Heritage'at Cutchogue (aka Harvest Pointe) — The owner of the Heritage at Cutchogue (aka Harvest Pointe) has requested an amendment to the conditions and covenants for this site plan, which was approved by the Planning Board on August 14, 2017. Currently the covenants state that the clubhouse and pool amenities must receive certificates of occupancy before any residential units receive certificates of occupancy (c.o.'s), and that 75% of the-c.o.'s for Phase One must be completed prior to receiving building permits to begin Phase Two of the project. The owner has requested that the residences in Phase One be allowed to be issued c.o.'s prior to the clubhouse and pool receiving c.o.'s, and that the requirement that 75% of the units in Phase One receive c.o.'s be reduced or eliminated as a requirement to begin subsequent phases of construction. The covenants state that amendments may be considered only after a public hearing and with a majority plus one vote of the Planning Board. The property is located at 75 Schoolhouse Road', Cutchogue. SCTM#1000-102-1-33.3 Chairman Wilcenski: At this point I would like to ask that a representative from Harvest Point if they would address the board to explain a little bit more detail of what you're requesting. Thank you. Henry Alia: Good evening members of the Planning Board, Planning Director and Staff. Thank you very much for allowing me the opportunity to discuss our request to amend the covenants and conditions for the approved site plan formerly known as the Heritage at Cutchogue. For those of you who don't know who I am, my name is Henry Alia. I'm the project manager for Rimor development, the developer of Harvest Point at Cutchogue. Currently we have thirty units under construction, out of the thirty-four units permitted in Phase One. Twenty-six of those units are sold; two more units are in contract negotiations. Four units serve as our fully furnished models in the sales office. Our clubhouse is complete, fully furnished and an has been inspected by the building, engineering, electrical and fire marshals of the departments within the Town of Southold. We're currently awaiting health department approval to submit the necessary ,documents to attain a certificate of occupancy and expect to do so at the end of this week. The covenants we are requesting to be amended are as follows: that the clubhouse and swimming pool amenities must receive certificates of occupancy before any residential,units receive certificates of occupancy and that 75% of the certificates of occupancy for Phase One', must be completed prior to receiving building permits to begin Phase Two of the project. The first amendment we are requesting is to allow residences in Phase One to be issued certificates of occupancy prior to the pool and clubhouse receiving the same. At this time, it appears that the certificate of occupancy is eminent on the clubhouse and therefore is not a factor in our request. However, since the swimming pool will not be used, due to the time of year, we do not want out buyers Southold Town Planning Board Rage 137 January 14, 2018 to be delayed from obtaining certificates of occupancy and subsequently, closing on their homes. Let it be noted that the gunite of the swimming pool has been completed, as well as the patio, barbeque area, fire pit, etc. in preparation to be operational prior to Memorial Day. The second amendment requested is that 75% of the residences in prior ,phases be in contract, sold, or have c of o's before starting work in the next Phase. This will allow the developer to continue to sell units and continue construction so there are no stoppages and the development of the,property will not be delayed. I believe this to be something the community would favor as it would mean that trucks, earth-moving equipment, heavy construction, etc. would come to an end sooner rather than later. 1' , would like to note that,in October 2017, a resolution was approved, allowing the developer to clear in Phases Two, Three and Four in order to obtain fill to properly backfill and grade units excavated in Phase One. Thus, most of the clearing and use of heavy equipment and trucking has already been completed in these future Phases. Lastly, and probably most importantly, several email have been circulating throughout the neighboring community. Unfortunately, all of the information contained within these emails is untrue. As I have previously stated, twenty-six units are currently sold and/or in contract, not ten. Eight of those .units are the larger 2000 square foot,units and four of which are close to obtaining certificates of occupancy. It was stated that there were no larger homes under construction. Any request to build larger units has not been submitted and the Planning Board can confirm this. There is no reducing in square footage in garages or basements to add to any other living space. The current design and floor plans have been well received as shown by our sales and for traffic, not poor as stated. We welcome any of you to see for yourselves and make your own decisions, as opposed to listening to just one or two opinions. Lastly, and probably most importantly, cash flow is not and never has been an issue. The developer is outraged by this comment. False statements such as these are the reasons for negative publicity, which can equate to stagnant sales. I don't think the community would want this. It's unfortunate that some neighboring residents would question someone's financial status, without even knowing the facts. I have to ask this question: Why would the developer even ask for the ability to construct units in the latter Phases if the developer had no money to do so? Again, I'd like to thank you for the opportunity to speak before the Board and will answer any questions that the Board and/or residents may have. Chairman Wilcenski: All right, well I don't want to get into a question-and-answer period here. But I would like to see if any staff or board members have any questions for Mr. Alia. Mary Eisenstein: Can I ask a clarifying question? Mr. Alia, you mentioned, I believe you said twenty-six units of the first Phase have been sold. Henry Alia: That's correct, and contract negotiations. That would mean twenty-eight out of the thirty-four. Southold Town Planning Board P ag e 138 January 14, 2018 Mary Eisenstein: Alright, so would you clarify the sold part. Henry Alia: Twenty-six sold in contract. And that's out of the thirty we're able to sell because there's thirty-four units in Phase One, four of them are the models in the sales office. So we're obviously not looking to sell those units now. Bill Duffy: Henry, when you say sold, you mean in contract. You haven't gone to closing, have you? Henry Alia: That's correct. Chairman Wilcenski: Anybody else? Please state and sign your name for the record. Robert Morrow: My name is Robert Morrow, I am one of the developers along with Jeff Rimland. Number one: we do have twenty-six actual signed contracts and I have a list of those which we would gladly submit with their,name and address of everybody and of the amount of money that they have put up. Obviously, we haven't closed.on them because we have to get CO's and we can't get the CO until we resolve our issue with the community building, which, has been totally— as Henry said — has been totally inspected by the town. We seem to be in good shape with that. We're expecting the signoff of the Suffolk County Health Department any day this week. We can then apply for the CO with the town. We are definitely not asking for any CO's on our houses until we get the CO on the community building. I think we made that clear to the Planning Board and certain members, that we are not asking — even though whatever the stipulation says —that's not what we're asking for. And I find it very difficult, as the owner and developer, to get a copy of the email that I got today from certain residents who live behind our project. I would just like to say, as the owner and developer, that I am there two or three days a week, and anybody who lives in the community who has a problem with this development, is more than welcome to come to the site. I personally will walk them around and show them-what's going on. To receive an email that we have only sold ten units and the larger units —the 2000 square foot units that we have eight of- that they're sold. But not one has been built. They are not built. They are finished and ready for CO's in the next two or three weeks, provided we get the health department approved. Now of course there have been delays in construction, like any other new project, and we're trying to deal with those delays the best we possibly can. But to receive an email from the people in the community, questioning my credibility and my ability to pay my bills, I find is totally despicable. This project is backed by Bridgehampton National Bank and I invite the Board and anyone else to call the chairman of the bank, Kevin O'Connor or Kevin Santacroche, the Vice-Chairman, and find out how we conduct our business. But to have these emails that go out to the public, which they are, and to certain community organizations and affect the viability of this project, I find totally unacceptable. Hopefully it won't get to newspapers where they question the credibility of this project. We have tried our best to do the right thing and I think almost every one of our homeowners are totally satisfied. There are always people that you can't satisfy all the time, but we are working our best to get that done. And as far as the next Section is concerned: we're only asking that when we get the CO r Southold Town Planning Board Page 39 January 14, 2018 on the Clubhouse, as long as we have at least 75% of our units under contract, that we can go into the next Section. We're not looking to fool anybody; we actually have almost 90% of our units actually sold under valid contract. We're not trying to play games; we're not trying to mislead this Board. We just want to satisfy the people that are buying from us. And I just ask the Board to please consider the fact and to let us move forward into Section Two. We're not asking to go to Section Three or Four. You know that, we're only asking to move into the next Section. Which is 75% cleared already, the water lines have been put in, the drains have been put in and most of the roadways are through the site already so there's very little disturbance additionally to be done to move forward with the project. So again, I ask you to please consider what Henry has spoken about and to listen to the real facts. The building department and the inspectors know what's going on, not what's in that email that was circulated throughout the community. Thank you. Chairman Wilcenski: Thank you. Does any staff or Board members have any questions for the applicant or the applicant's agent? Ok, thank you very much. At this time I would like to open the floor to anyone else that would like to discuss this. I just want to point out, please direct your comments to the board for the sake of not getting into a back-and-forth answer period. All the questions and concerns that will be brought here will be recorded and will be dealt with by the board and considered by the board. Any accusations or concerns you may have will be looked into. Yes? Abigail Field: Hi, my name is Abigail Field. Hi Planning Board. Thank you for holding this public hearing. I am a virtual neighbor. By road I'm a little over a quarter mile as the crow flies less from this property so it's a part of my interest and why I'm here. I was reading the file before coming to the meeting and I found a letter, and he said 75%, the letter said 80%, of Phase Two had already been cleared. That shocked me because the whole point I understood phasing to be was to preserve the intact land phase-by-phase- by-phase so I tried to figure out: "Why was 80% of the land already cleared?"And I found, in October 16, 2017 a letter saying: "Hey, the grating of the road doesn't work, we have to dig a bunch of fill because the fill to fix all our grating issues is in these other phases" and you guys signed off on that. So I have no idea how such a big mistake could be made if you need to dig up three phases to get your field to fix your engineering issues, something got missed along the way in this approval. And you can see, if you look at that picture, so much of the land is cleared. So I guess my comment on today's request would be that: if you decide to change this standard for moving forward, now I actually have a strong opinion on that with the caveat I'm about to give you, right. If you decide to do that, please don't let them clear anymore land. I realize that means- until they meet the original conditions — I realize that means they can't build all of Phase Two next, but they could build on 75 of 80% of it. Because if you look at what's left, it's all the buffer around the neighbors, right? And I feel like the original conditions were there for a reason. You can honor the spirit of those original conditions, while still accommodating the developer - who got to fix their big engineering mistake back when by doing all this clearing - by letting them move forward in the areas that are cleared now, while giving the neighbors some more protection, by preserving those buffers until they've at least finished building the way the original intent was. And I Southold Town Planning Board r g e 140 January 14, 2018 would just encourage you for going forward, I mean, how did things get approved with an engineering error that required clearing so much of the site early? I don't know. I have no idea how that happened. But whatever policy or process that allowed that to happen, I hope you fix it so that it doesn't happen on some future project. I realize this is uniquely large in our community, but I'm just sort of amazed at how somehow that happened. Anyway, thank you for your time. Chairman Wilcenski: Thank you. Yes, Ma'am. Miriam Listoria: My name is Miriam Listoria. I live in Southold Town, Southold Village. I've lived here for over 30 years. I just want you to know that we have purchased over a year and a half ago, one of the larger homes, which is complete, which is to our satisfaction and I am shocked to hear of anything like a letter with all of that misinformation coming out in my town. Many, many, many of the homeowners in Harvest Pointe are local people who are trying to downsize and to move into a comfortable community. Which, I'm sure it will be, and we appreciate everything that the town has done so far and we hope that misinformation won't be going out. Chairman Wilcenski: Thank you, would you write your name for the record please? Yes? Kelly Evers: Hi, I'm Kelly Evers and I live on Schoolhouse Road. So my concern is that, it was my understanding that the condition of the building was that the trucks were supposed to go down North Street. In fact, they're going down Schoolhouse Road all day long; the cement trucks, from the beginning of the day to the end of the day. Less now, I think they're doing less cement work but the cement trucks, all day. So if they plan on doing the next Phase and they're talking about most of the trucks having finished doing the big work,-they're still coming down Schoolhouse Road. The road has more and more cracks in it. I have children that live on that street, I have a dog I walk, I run daily and the trucks weren't supposed to be going down Schoolhouse Road. So I'd like you to take that into consideration when making amendments for their continuing construction, that they're not doing what they were supposed to do in regards to keeping the trucks off Schoolhouse Road. Chairman Wilcenski: I can just respond to that quickly, that there were several complaints made and the owners were notified and they have been working with their contractors to keep reminding them to not use Schoolhouse Road. We'll continue and if you do have other issues, you can call the Building-Department and you can file a complaint and we will follow up with that. Kelly Evers: Okay. Thank you. Chairman Wilcenski: Thank you. Would anybody else like to address the board? Lisa Tettlebach: Hi, my name is Lisa Tettlebach. I live on Crownland lane, just a couple of blocks away from the construction for the Heritage and I would like to request Southold Town Planning Board3a 141 January 14, 2018 the Planning Board to keep the public hearing open a couple days to send in comments :`after the meeting, after having heard everything tonight. Chairman Wilcenski: Okay, we can do that. After everybody speaks, we will talk and consider that. We'll leave it open for written comments. Okay, we could probably take care of that consideration. Lisa Tettlebach: Do you vote on that tonight? Chairman Wilcenski: We'll just have a quick little meeting; we'll let you know before we leave tonight. Yes, Sir. Richard Jordan: Hi. I'm Richard Jordan. I'm speaking on behalf of the Fleets Neck Property Owners Association. We're 300 + families that live in Cutchogue and we were very distressed when this project was approved but understood the reasoning behind it. We don't understand, why, if the developer is concerned about some email, that's not a justification that he should be granted any relief on an agreement that he's already made. We see no reason he should get extra relief to permit this burden upon the community to be accelerated. That's it. Thank you. Chairman Wilcenski: Okay, please write your name for the record. Would anybody else like to address the Board on the Heritage? Anyone? r Nancy Sawastynowicz: Yes, I'm waiting. Good evening. I've read the notice to the adjacent landowners, the proposed amendments, declaration of covenants and restrictions and the agenda for this meeting, I did not find any reason to change the deal made by the developer with the Planning Board and the Town Board and the Court. I am not saying there is no good reason; there is no reason that we are even considering changing the deal. The developer should have been required to give a good reason before scheduling the public hearing. The developer has not met the burden of allegations and let alone, proof. Without being informed of any reason to change the deal, the public should not be expected to present any reason not to change the deal. There are plenty of people here tonight who have many good reasons why the deal should not be changed. Why did the application end up in court over a 50 foott buffer around the high-density development to give a tiny buffer for the neighbors? This developer doesn't care about Cutchogue; all it cares about is how much money it can make. Cutchogue was once a charming place. This development is changing Cutchogue from charming to unfriendly and ugly. I have opposed this development for 30 years. The developer has done nothing but lie and try to increase the amount of money itis making. Even if it ever considered the interest of the buyers, the community and the natural environment, then I would have supported that plan. I ask you to please deny the developers current application with an opinion that will recognize the developer's interests and will also recognize the neighbor's interest and the natural environment and the character of Cutchogue. Thank you in advance for your anticipated courtesy and consideration. And in closing, I would just like to know: what about the sewage from all these units? Has that been decided? r Southold Town Planning Board Page 142 January 14, 2018 Chairman Wilcenski: Yes. Nancy Sawastynowicz: And what is that? Chairman Wilcenski: That's all being dealt with through the health department. Suffolk County Health Department is handling that and that's what they're waiting on for the CO's. Nancy Sawastynowicz: Okay. Chairman Wilcenski: That's been in the works since day one. Nancy Sawastynowicz: Thank you. Chairman Wilcenski: Thank you. Yes, Sir? Benia Schwartz: Good Evening, I'm Benja Schwartz from Cutchogue. I have a prepared statement practiced today, it took me 5 minutes. Chairman Wilcenski: That works. Benia Schwartz: The land was cleared for farming. On one side the land was subdivided and developed as a suburban area. On the other side, the land is still in agricultural use as an organic farm. At lease Levittown and Nassau County was designed to be egalitarian. Russeltown was designed to be elitist. Whatever the developer calls it: Secroft, Heritage at Cutchogue, Harvest Pointy. I call it Russeltown. I've not forgotten when Scott Russel's mother attacked me and a group of other civic activists at the King Kullen. She screamed at us: "Stop!" because she wanted to live in a condo in the development. Reasonable persons can disagree, she was being unreasonable. It was also unreasonable, when in a back room deal on July 19, 1983, the property was rezoned by the Southold Town Board based on a fraudulent environmental assessment form submitted by the developer. On the other hand, it was reasonable, when in January 1985, Southold Town Planning Board responded to public outrage and denied a Site Plan application due to the developers refusal to do an environmental impact statement. The developers sued Southold Town and lost. It was also reasonable, when on January 20, 2009, Southold,Town Board enacted three laws with a statement of legislative intent, indicating the proposed project in Cutchogue and a project proposed in the Hamlet of Southold the site plan application was also currently before the Planning Board would yield significant changes in the character of the Hamlets if approved in their present form. The Cutchogue project contained .the second largest number of residential units proposed in a single development in the Town's ' recent memory. The impact on the existing community and character of the Hamlets were likely to be profound. It was also reasonable when, by letter dated February 18, 2009, Southold Town Planning Director indicated that the newly enacted local laws applied to the Heritage's site plan application which, therefore, in its current form, did not make the revised town code and if the Heritage wished to proceed, it could submit a Southold Town Planning Board Page 1 43 January 14, 2018 new or amended application. But it was unreasonable, when a few months later on May 15, 2009, the developer filed a lawsuit against the town and against the town board and the Planning Board and their individual members personally, the town promptly filed a motion for summary judgement. June 15, 2010 the motion was granted to dismiss only the claims against the town officials personally, the developers appealed. On April 10, 2012, their appeal was denied by the public division. It was also unreasonable, when on September 11, 2014, after conducting a long series of closed-door executive sessions with the developer without any public input, Southold Town Board and Southold , , Planning Board entered into a stipulation of settlement to reverse the three local laws that were enacted through a public process and resumed consideration of the site plan application, pursuant to the Town code as it had existed six years earlier in 2008. The stipulation includes a reference to and is apparently, at least in part, based on, the possibility of an appeal to the New York State Court of Appeals. It was unreasonable, when, On August 14, 2017, Southold Town Planning Board granted final approval to the site plan application to build 124 detached and attached dwelling units to form an elitist, residential-neighborhood, which is anticipated to have significant adverse environmental impacts in the heart of Cutchogue and on the Town of Southold. Now, it's the start of 2019, even before a single housing unit is occupied, the developer wants permission to increase the permitted rate of construction of,the development. The site plan application process took over thirty years and resulted in permission to sell and construct 124 units in four Phases. Just over a year later, the developer is trying to renegotiate and seek an approval to build subsequent Phases after prior Phases are in contract, rather than having received certificates of occupancy. Being in contract does not mean sold. In this case, the units may be in contract even before they're built. What does it mean to be in contract? Does transfer of an option to buy - even if it's without a deposit - constitute "in contract?" Is there a minimum deposit required to be considered a "binding contract?" In contrast with the current terms which are based on issuances of certifies of occupancy, longstanding duty of the building department, "in contract" should shift the duty to the Town Attorney's office —which would have to conduct reviews of the nature and status of the alleged contracts. As for one consequence, the units could end up being left vacant. The proposed amended declaration of covenants and restrictions would also increase the burden on the Town of Southold to monitor, inspect and determine acceptability of proposed utilities and infrastructure, rather than of completed utilities and infrastructure. Units could be built to further developer completes building associated unities and infrastructure, such as, roads or sewage treatment plants. Bottom line: the developer agreed to fully construct each phase of the development before starting the next. The public being here.today doesn't even know how far the construction of the first Phase has proceeded. Now is not the time to agree to ,the construction of more units, before the developer finishes the,units in the current, initial phase. If the developer cannot sell the first Phase, it may decide to redesign subsequent phases. There's plenty of room for improvement. The agreed upon timing and rates of construction protect potential buyers as well as the town and our community. Does the Planning Board really need a public hearing to say "no" to this application for premature amendment of the agreed-to terms? That's what I wrote but after listening to what was said today, I still do not really hear a reason from the developer as to why they need to amend the agreed-on covenants. According to the Southold Town Planning Board Page 144 January 14, 2018 developer, the units are all almost sold and the certificate of occupancy is imminent. Why do we need to change this agreement—which was made in a very laborious and traumatic fashion for everyone involved? If there was some misinformation that was circulated among the people, maybe that had to do with the lack of information or transparency or the flow of information between the developer, the town and the population. There are a lot of people that are still not happy about the fact that this project is being built and will exist for many, many years. Why do we have to rush-it? Chairman Wilcenski: Thank you. Would anybody else like-to-address? Michael Lastoria: My name is Michael Lastoria. I live in Southold and Harbor Lights for thiryt-one years. Nancy wanted,to know what the reason - why the developer was asking for this amendment. The reason is that there are people —the people who have gone to contract, paid their 10%. The homes are built; the one that we have is completed, including the carpet. There are other people, and I know some of'the people here tonight, who are renting because they can't get into it- even though their home is built! They're asking for you to amend this so that the swimming pool —which we could not possibly use now— doesn't have the CO, but the houses could have a CO. They're completed — not all of them- but there's at least eight or nine that are completed. We want to live in them. There are people who have been renting for over a year. We're not renting, but I'd like to get in there and get on with my life, and that's the reason why, I think, they're asking for this. It's not because they're trying to get something, it's because the people who bought would like to live in the house that's completed. But they can't do that until they get the CO. Thank you. Chairman Wilcenski: Thank you. Henry, would you like to speak? Henry, I'll actually let you speak last. Gail? Abaigail Wichham: Yes. Hi, I'm Abigail Wickham from Wickham, Bressler& Geasa, P.C. of Mattituck, NY. I'm here representing two families who are purchasing units in Phase One. The Salice family, I'm sure they bristled, as a number of people.did this- evening, when this was called an elitist residential neighborhood. They're local families, they have sold their homes, we put a very long closing date on the sale of their homes based on what the projections were for the construction and the completion and added quite a number of months beyond that. They are both now hard up against those dates, in fact, one of them had to actually close on her unit — on her property that she's selling — because her buyer needed to get a closing and is leasing back for a short period of time and then she is going to be out. The other family is going to have to close on the ,sale of their house very soon, they're elderly, it's going to be an extreme hardship on both of them and their entire family. I'm here asking you only, addressing only the question of issuing a waiver of the covenant that requires the CO on the swimming pool prior to issuances of CO's on Phase One. This is not about past development issues tonight, this is beyond — as you've had many hearings- and we now have to focus on the current situation where there are many people who need to close. As the gentleman before me said- as I understand it— is just waiting for a swimming pool, which I would expect will be constructed in the springtime as soon as the weather permits. I can Southold Town Planning Board Page 145 January 14, 2018 understand why the Planning Board might be concerned about granting a waiver to a developer, particularly in this controversial project, on the expectation that somebody might want to say "It's a breach in the wall" or "It's creating a precedent." I can assure you, there are many people, once they close on this unit, that are looking at the unfinished units and everything else that are going to be very avid about getting this developer to do what he is required to do. But we all know that there are delays in construction and I hope you would take that into account. The contract that was inquired about earlier is fully set forth in the offering plan which is a matter of public record; it's a standard, but very difficult contract, but it's very firm. Once you sign that contract, you are committed to purchase, provided the developer can provide a CO. It requires, as I recall, a 10% down payment, it's not a sham contract, it's not an option to purchase, it is a contract to purchase. They need to purchase, they need to move on. Further, granting this relief would not increase the rate of construction because these homes were projected to be have been done by now and are —for the most part, as I understand it— mostly done. So I do hope that you would consider at least this part of the application. As to the request for holding the hearing open, again, timing is critical; every day is money for-these people that are trying to get in there. I would ask that if you do hold the hearing open, you limit it to a few days because people are here, they know what they want to say, they can say it to you and get it into you by the end of this. week. So I would ask that if you do hold the hearing open, you limit it to Friday at closing business and then proceed with your decision. Thank you Chairman Wilcenski: Thank you. Henry? Henry Alia: Yes, I just wanted to say a couple of things. Ms. Wickham kind of touched on it, 'to focus on the now and not the then. The job, the site plan has been approved, the health department has been approved and we're here. I mean, that's it, we can't go backwards. The truck routes, in answer to one of the residents, we put those truck routes not to go down Schoolhouse in the contracts to the contractors. We do understand that at times, they do not follow their contract. We understand that they do not follow what their contract says and we're on it. We want you to know that. We don't want them doing something that they shouldn't be doing but you would have to have somebody there 24/7 to watch that. With that being said, we're here, we're residents here and we're going to be her for three years, four years, whatever it's going to take to build this job out. Lastly, someone had mentioned about Phases Two, Three and Four and having to get fill from those areas in order to bring up the fill and grade and I had mentioned that in my opening statement. The other option was, having trucks going up and down Griffin, Main Rd., and Sound to bring in thousands of yards of fill to that site. Now you're going to say "Well that would cost the developer money." Sure, it would. It doesn't make a difference; the trucks would"still have to go. So we made and agreement,-in plenty of work sessions and sitting down with the Town, in order to not do that. We're thinking: we're doing the right thing in not having those trucks. So we did go into Phase Two, Three and Four and cleared, we left the perimeter buffer in place — in agreement— so that it wouldn't be touched on. Eventually though, we do need to go into that buffer. Phase Two, there is a buffer along Highland, people who live on Highland, they're going to see construction happening. There's nothing that we can do Southold Town Planning Board Page 146 January 14, 2018 about it, it's part of the process. Lastly, we have two buildings left in Phase One to construct. Once they're done, there'll be a stagnant period of construction. Now some of you are going to say: "Well the developer's just got to wait. He'll just lose money, waste money." Well guess what? Those six months - three months, nine months, twelve months - that's prolonging the time that we're in there, on that job, mobilizing supplies and equipment. I truly believe — and I've been doing this a long time —this is in the best interest of the community. I don't always like what happens in my backyard, I really don't. But I truly believe that this is in the best interest of the community to move this forward on these two amendments that we're looking to get approved: Thanks very much. Chairman Wilcenski: Thank you for that. I'm just going to take a minute and hold call. Okay, I'd like to motion to close the hearing and leave it open for written comments for one week. So next Monday, at the end of business will be the latest that we'll take any information that needs to be mailed or.dropped off, emailed, faxed to the Planning department. James H. Rich III: So moved. Mary Eisenstein: I second. Chairman Wilcenski: Motion made by Jim, seconded by Mary. Any discussion? All in favor? Ayes. Opposed? None. Motion carries. Chairman Wilcenski: 6:04 p.m. — Tenedios Greenhouse Amended —This agricultural site plan is for a proposed 60' x 24' (1,440 sq. ft.) greenhouse on 5 acres with development rights intact and adjacent to 29.5'acres of farmland with development rights held by Southold Town, all in the R-200 Zoning District. The property is located at 28410 Route 25, Orient. SCTM#1000-19.-1-1.4. Chairman Wilcenski: At this point I would like to ask that anyone who would like to address the Board, that you would please address the Board in your comments as to not create an ongoing dialogue. Thank you. Patricia Moore: Good Evening. I'm Patricia Moore on behalf of the application by Fresh & Co. Mr. Tenedios is the Principal. This application is for a greenhouse as the Board's description notes. The reason for this greenhouse; one is ultimately it will be use as a standard greenhouse for vegetables but, while the barn is under construction Southold Town Planning Board Page 147 January 14, 2018 — and prior to having a barn, the barn that was just recently approved this evening —the greenhouse will be able to house the animals on the farm and protect them from the elements. So that is the only purpose of this greenhouse. Initially, for the animals that are on the farm, some equipment— if there's room, it's really that the animals come first and thereafter - it would just be a standard greenhouse for vegetation. So if there are any questions, I'm happy to answer them. The placement of the structure has been placed more than 100 feet from the adjacent wetlands that are a part of the state land and that we have provided for the drainage for any possible roof runoff from the greenhouse. Chairman Wilcenski: Thank you. While you're there Pat, do any board members or staff have any questions for Pat at this time? Okay, thank you. Would anybody else like to address the board on the Tenedios Greenhouse? Please state your name, write your name and address the Board, please. - Sherry Thomas: Good Evening. I'm Sherry Thomas, I live in Orient and I'm also a landscaper in Orient. I'm working on two properties on the Northwest edge of the Tenedios property. We had the DEC out because we're working on moving invasive species along that buffer zone on the western side of the wetlands. When the DEC was there, they determined that the tidal section of the wetlands, which is the bulk of the wetlands on the Tenedios property, were of extreme importance and were very vulnerable to damage from the agricultural uses. The further northern part is a freshwater wetland and in that area we discovered the people on the Tenedios side of the property had been trapping wildlife, they had been killing foxes and raccoons and other wildlife and had been dumping them in the wetlands. There's a current DEC permitting process going on, I'm deeply troubled that the barn was just rubber-stamped and now this, so-called greenhouse, might go the same way, when there are very significant issues on this site and on the part of the owners and how they're dealing with preserved land. The other thing is I'm a former farmer. There's no way in the world that a greenhouse like they're describing is a suitable place for farm animals. I've raise far more animals than they have on site and so it's just: nothing adds up. It didn't add up on the barn, which is too big to represent what's going on there and it doesn't add up again. I wish you would put a halt on this until the DEC has made its recommendations. Thank you. Chairman Wilcenski: Well, to respond to that we can't do anything until the DEC issues a permit. Just to clarify that. Would anybody else like to address the board on Tenedios Greenhouse? Please step to the microphone, state your name and write your name. Clifford Cohen: Thank you. My name is Clifford Cohen; I live on Narrow River Road in Orient. If I may, I would like to read a letter that was sent to you folks by Reed Super of the Super Law Group, he couldn't be here. Chairman Wilcenski: Yes, go ahead. Southold Town Planning Board Page 148 January 14, 2018 Clifford Cohen: I didn't time it out but I know it's relatively brief. Okay, so: Dear Charmian Wilcenski and members of the Planning Board, This firm represents friends of Narrow River, Inc. and residents of Orient, I write in regard to the Fresh & Co. Farm LLC site plan application for a greenhouse. Please add this letter to the public hearing record. The applicant proposed the greenhouse is a shelter for livestock that could be erected more quickly than the 9,000 square foot barn that is also proposed. Thus, like the barn, the greenhouse will facilitate the use of the property year-round as a livestock farm. Further, while the greenhouse was proposed as an interim measure, the applicant has not suggested and certainly not committed to removing the greenhouse if the barn is built. Thus, the greenhouse could allow additional animals to be bred and maintained on site. Consequently, all of the water quality and other environmental concerns that we raised with respect to the barn are equally valid with respect to the greenhouse. Attached hereto —which were sent to you and imagine you have it- are our July 16 comments to the Planning Board along with the report of Donald Meals of Ice9 consulting. Please consider all of these comments in connection with your deliberations on the greenhouse application. The greenhouse application has been referred to other agencies and departments for their review, the Board should carefully consider all of the comments and other materials to be received as a result of the referrals before proceeding with the greenhouse application —which I think you just addressed. A title wetland.permit is required from the New York State Department of Environmental Conservation before the applicant can build the greenhouse. The Planning Board should not approve the greenhouse unless and until the applicant has received a title wetlands permit from the DEC — Sorry for the repetition. As you know, the applicant brazenly and knowingly violated the town code by commencing construction of the greenhouse in advance of obtaining required permits as an attached email from Town Code Inspector Lester Baylinson states, the applicant violated the town code in three ways and was issued three separate summons. One summons is for refusing to obey an oral stop work order. Mr. Balylinson's email states that inspector John Jarski posted and did a verbal stop work order and was advised that they would not stop. Thus, the applicant explicitly refused to comply with the stop work order. This is astonishing. This type of behavior should not be tolerated. Mr. Baylinson's email says that there is a court date of January 16th on these violations. The Board should not grant any approvals to the applicant for this property while there are open violations. If the applicant will defy the town code, this board and Code Enforcement officers while his applications are still pending, imagine what he will do when all needed approvals have been obtained. There is a significant risk that the conditions imposed by the board will not be complied with. Further, the applicant and its representatives have said that the existing shelters on the property are not suitable for livestock, especially pregnant animals and their babies. In the face of such knowledge, the applicant has for the second consecutive winter, placed his animals on the property, allowed them to remain there and caused or allow them to be impregnated and therefore, put their health and safety at risk. Indeed, the applicant's attorney stated that many animals died on this farm last year. These are not the actions of one who's practicing or plans to practice sound or sustainable farming. The barn conditions are too big to be effective as we have explained in the context of that application. The conditions for the greenhouse application should be stronger. The greenhouse application should be denied. If the Planning Board does not deny the Southold Town Planning Board Page 149 January 14, 2018 applications, it should impose significant conditions to protect wetlands, Narrow River and Hallocks Bay from nutrients and pathogens in animal waste and the resulting algae blooms and other adverse effects on the environment, wildlife and human health. Thank you for your consideration.,And then he states: Please feel free to contact me, Sincerely, Reed W. Super of the Reed Super Group. So hopefully that didn't take too long. Chairman Wilcenski: No, that was very well. And we do have copies of everything. Clifford Cohen: If I could just add one thing. You know, I was paying attention to the whole meeting and from us anyways, it's very interesting to sit here and hear what goes on. Throughout it, you guys use terms like "consistent with" or "not consistent with" and I think that'one of the things that were seeing here, in this particular case, is that there's not a real consistency on the part of the applicant to the rules and the guidelines that are in place. I live on Narrow River Road; we had no special accommodations made for us when we did our construction. We adhered to all the wetland requirements and we didn't look to find ways around them. And to me, it's surprising to hear that almost on most counts, if not every count, there's ways to try and get around the rules and the regulations. So when we here folks say that the only reason that we're doing it, that's not consistent with what has transpired on this property, with this applicant. I had another notes that I'm not going to tell you, but I just want to talk about: I think its crucial for the barn- which we didn't get to talk about, you guys have already dealt with that- but for the greenhouse, that we have to hear what the DEC says. I don't think things should be contingent on what they say, I think we have to wait to hear what they say, and then make determinations. Once we start going down a road, it's very hard to turn back and what the DEC says should really matter, only because for so many years, so many people have been so committed to bring Hallocks Bay and Narrow River back to a sustainable place —which it hadn't been and now it is. We're at great risk when we don't tend to the importance of preserving those wetlands. So thank you for your time. Chairman Wilcenski: Thank you. Thank you. I just want to reiterate, just so everyone knows that there will be no CO's issued until the DEC permits are in place. Just so everybody knows. Or—they will not receive a building permit. Sorry. Anyone else like to address the board on Tenedios Greenhouse? Helen Hook: My name is Helen Hook. My property adjoins the Tenedios property. The other side of the property, they're on the north side of my property and Sherry is doing the — getting rid of some of the invasives on our properties. I was there when the DEC flagged the wetland and everything like that. We've been hearing all the news from the neighbors and I'm just really concerned because, I came to a meeting before and you guys are all really content to accept that the Tenedios people are going to follow best practices and we keep seeing the goats, literally in the wetland. I'm just really concerned because I don't think they are particularly in good faith, just like what this gentleman just said: ignoring rules and what kind of enforcement is there to prevent all this animal waste from going into the wetland? Because you guys paid like $500,000 to Maureen in order to sell the development rights so that Heritage Village would not go Southold Town Planning Board Page 1 50 January 14, 2018 onto this property. Now Heritage Village would have — I don't know how many people would live there any everything — but there would be regulations on the use of water and there would be regulations on the sewage that any homes would put on that properly to protect the wetland and to protect the environment. It just seems like that some of the things that have come out at some of these hearings is that animals produce more waste than people, and if you're just having them out there in the field, it's just going right into the ground and right into —you know- the water tables, just right there. At my property the water table is about five feet down and I'm the next property, so there closer to the wetlands so I would imagine that their water table is even closer and I just think that whatever is happening is going right into it and I just don't see how best practices are being observed. I would just like to know— I'm not a farmer— but I'm really concerned about this and you know, the property values are going to go down if you can't swim at Potato dock, you can't go shell fishing and if the Orient Bay suddenly has coliform in it and I think it's really a critically important area and that the property values of all the homes in the area are going to be affected — it's a financial decision as well. So I really hope that some kind of enforcement can happen if DEC does give an approval of this because we haven't really seen any sort of respect for law. Thank you. Chairman Wilcenski: Thank you for your comments. Would anybody else like to address the board? Yes? Lillian Ball: I'm Lillian Ball from Southold Town. I would like to find out what the process is for DEC to do the review. Does DEC do a hearing? And is that open to the members of the public? Is there any kind of involvement that the Planning Board would have with the DEC hearing or would you just get the results? Chairman Wilcenski: I'm unfamiliar with that but I could probably get— Bill — do you know? Bill Duffy: I'm not really familiar with the process. Mark Terry: They don't hold hearings. They look at several regulations under their Article 25 Tidal Wetlands and then they'll issue a permit based upon those regulations. Chairman Wilcenski: Thank you, Mark. Lillian Ball: So there's no possibility, Mark, that they might consider community requests. Mark Terry: I'm unaware of that process. You could probably contact them directly. Contact the permit-reviewer and give them some of your comments. It's not an advertised public hearing. Lillian Ball: Yes. Okay, it wouldn't be a public hearing like this. Southold Town Planning Board Page 151 January 14, 2018 Chairman Wilcenski: We've certainly got plenty of email and letters from you. I'm serious; you can email your information to them. Lillian Ball: So that's kind line of defense, so to speak. Chairman Wilcenski: We, quite honestly, haven't had a lot of experience with this. Mark knows more than I do, but I'm just saying the obvious thing is to send them your concerns. Lillian Ball: Okay, and what is the situation with the Trustees currently there? Is there a Trustees permit? Chairman Wilcenski: We asked the Trustees right from the beginning. It is out of their jurisdiction. Lillian Ball: Because it is a wetland and more than 100 feet. Okay. Alright, thank you. Chairman Wilcenski: Yes. Thank you. Anyone else for Tenedios Amended? Ellen McNeely: My name is Ellen McNeely, I'm a resident of Orient. I'm curious as to what penalties might be imposed for flaunting regulation and building the greenhouse — basically the entire structure, all it needs is the skin at this point—what penalties may be imposed for flaunting? Would your own normal requirements will be if there are going to be any penalties imposed on that at all. Chairman Wilcenski: I'll defer that to council. The question, Bill, was that they were flaunting by building and we sent'out- Ellen McNeely: They built it without permission. What kind of penalties will be imposed upon them for having done that, if any? Bill Duffy: Well we'll have to see what the court imposes but they have to go to justice court and they face fines up to $5,000 a charge. Ellen McNeely: I'm afraid my hearing aids do not necessarily work well enough to hear you completely. Bill Duffy: They have to go to justice court. The court ultimately can decide the penalty but they face fines up to $5,000 on each count. Ellen McNeely: Is that going to happen then? Who's going to request it? Bill Duffy: Well, my office prosecutes it. I don't know that we'll request $5,000 on each count but we're going to enforce the code, that's for sure. I'm not set on discussing an open case. Southold Town Planning Board Page 152 January 14, 2018 Ellen McNeely: It just seems strange that they can just arbitrarily go ahead and build something and then all of a sudden we have to look at it and wonder why it happened without penalty. - Chairman Wilcenski: Well, there were stopped three times, there were three violations given. Three stop work;orders were given by the building department. So, I mean, that's all we can tell. Like Mr. Duffy just said, that this is a case that in the court right now so we can't discuss that. Ellen McNeely: So, in other words, we don't know what the penalties will be or if there are going to be any? Chairman Wilcenski: Right, right. Thank you, Bill. Ellen McNeely: Okay. Chairman Wilcenski: Would anybody else like to address the board? Pat? Patricia Moore: Thank you. Okay, I just want to clarify or correct some misunderstandings here. To begin: the greenhouse is not in the development rights sold area, this is in the reserve area, the five acre reserve area. So as to clarify one of the points that were made. We do comply with the wetland regulations, the more than 100 feet, of this greenhouse, the proposed location, remember that the property is agricultural, it is cleared, it's an agricultural field and the proposed greenhouse is more than 100 feet from the wetlands on the southerly side of the property. The pond that is being — I guess the wetlands are being reclaimated or whatever's going on the northerly side of that pond —this greenhouse is about 500 feet from that. This has no impact whatsoever on that pond. The DEC —there's certainly no excuse, ever, for violation of the zoning code, I'll be the first to say that because I do follow the code. The issue here was that the barn application was filed back in March of 2017, no one would have ever expected that a barn structure would have taken two years for approval — it just got approved tonight so it is short of one year and 11 months that it took for the barn to be approved. That was not anticipated when this project was begun. This greenhouse is for— let's call it emergency, backup protection for the animals. It was for this season and again, unfortunately the way we process agricultural structures is through a site plan process and this whole process takes time. With the fact that the winter is here and the ground is freezing, my client- his back was against a wall. Quite frankly, he had no choice but to put the footings in and try to protect his animals. We did have a meeting with the DEC, we did get a violation from the DEC, I did have a meeting with the DEC last week, it is being resolved. They understood what our circumstances were and they had already gone out and they were on the final inspection of the structure when unfortunately within that day was when it was started. So it did delay our ultimate approval, but it was inspected, it has gone through the DEC departments and it's now with the final division of the DEC and hopefully we can get an approval quickly on this. We tried to separate the barn from the greenhouse as a DEC application just because of the community concern with the barn versus the greenhouse. However, the DEC Southold Town Planning Board Page 153 January 14, 2018 does not want separate applications, they asked for one application. That was submitted, the wetland were updated, they were flagged, they are showing as accurate on this plan so that is a correction of some correspondence that you had in the file. Yes, we are in Southold Town Justice court and thank you Mr. Duffy for not dealing with it here at this meeting, it has nothing to do with this Board's review. Again, farms need structures, that is well recognized and the property is in agriculture. The animals are not for consumption by Fresh & Co. that, again, has always been sent as correspondence in the file and that is completely inaccurate. So this is a standard greenhouse, it is metal structure that has prefabricated panels. It is intended to be a very simple structure. It has no floor, it's open ground with just the footings for the structure itself. So it had minimal disturbance to the property and, again, it is hopefully to be approved, we hope, quickly and we thank you for approving the barn tonight. As soon as we have the wetland permit, again, it had to be a combined application, so as soon as we have the wetland permit, we are ready to proceed and we hope that will be the case here on this greenhouse as well: that we will have the board's approval so that as soon as we get the DEC approval, we can file the building permit application. We already know, we can't get a building permit without the DEC approval, but as I stated, it is pending, it is under review and we hope that we will get it quickly. Thank you. Chairman Wilcenski: Thank you. Anyone else? Yes? Ellen Camp: Good Evening. My name is Ellen Camp and I am a resident of Orient. I don't feel like, as a resident, I need to apologize that it's taking them two years to get this barn completed. That is because we are very concerned and it's a big issue for us. The more I hear about this building that's for plants, or whatever, not animals, the more concerned I am about the animals that are going to freeze to death out there. So much preparation has been put into this project that they couldn't foresee that there would be animals out there freezing to death and they want to get it into a greenhouse -which sounds like it's not even that warm. I would conceive on my part, making a complaint to the humane society if there continues to be animals out there that—why doesn't this huge organization transport them to a place out of Orient- where they're safe. I would say that all of these arguments are so weak and even more alarming than just putting up the barn. Thank you. Chairman Wilcenski: Thank you. Would you please write your name for the record? Would anybody else like to address the Board on the Tenedios Greenhouse? Thank you all for your comments. Everyone's comments and concerns will be heard and taken into consideration through this application. I'd like a motion to close the hearing. James H. Rich III: So moved. Mary Eisenstein: I second. Chairman Wilcenski: Motion made by Jim, seconded by Mary. Any discussion? All in favor? D 1 Southold Town Planning Board Page 154 January 14, 2018 Ayes. Opposed? None. Motion carries. Chairman Wilcenski: 6:05 p.m. — Cell Tower Colocation T-Mobile at Orient by the Sea —This Amended Wireless Communications Application is for a proposed T-Mobile colocation between 70' - 80' a.g.l. on an approved 90 ft. high concealment pole, and the addition of a 213 sq. ft. compound for associated ground equipment and additional landscaping. There are ±3,924 sq. ft. of existing buildings including a restaurant, marina and associated accessory structures, all on 4.7 acres in the Marine II Zoning District. The property is located at 40200 Route 25, Orient. SCTM#1000-15-9-8.1 Chairman Wilcenski: At this time, if anyone would like to address the board on Cell Tower Colocation T-Mobile at Orient by the Sea, please step forward, write your name and state your name for the record. Yes? David Kenny: Good Evening, Board. My name is David Kenny, I'm the attorney with Schneider & Schneider for the applicant, T-Mobile. This application is a colocation application. T-Mobile has a need for service in the area and instead of building a new tower, T-Mobile found and existing facility located at 4200 Main Rd. Orient by the Sea and found a space on that tower so that it could collocate rather than building a new facility. This is a similar application to - I believe one that Verizon went through - to collocate at the same facility. There will be no change to the actual monopole or unipole itself, the antennas will go inside the unipole and there will be no change in the height of the unipole. The only need for the application is, we're coming before you, there'll be an extension of the ground equipment space because there's a need for T-Mobile's equipment that will be located at the ground. There's a couple of area variances that will be required as part of this approval so this application is also before the Zoning Board of Appeals as part of their review and approval. I'm here tonight to answer any questions that the Board may have about the application. Again, this unipole is very similar to the one you could probably see every day over by Cube Smart. The antennas will be inside the facility itself. Chairman Wilcenski: Do any Board members or staff have any questions? No? Thank you. Would anybody else like to address the Board on Cell Tower Colocation T-Mobile at Orient by the sea? Anyone? We need a motion to hold the hearing open until next month because of a mailing error, there needs to be an opportunity for the public to be heard. James H. Rich III: I make a motion to hold the hearing open until February 11, 2019. Mary Eisenstein: I second. Southold Town Planning Board Page 155 January 14, 2018 Chairman Wilcenski: Motion made by Jim, seconded by Mary. Any discussion? All in favor? Ayes. Opposed? None. Motion carries. APPROVAL OF PLANNING BOARD MINUTES Chairman Wilcenski: We need a motion to approve the board minutes from: • December 2, 2018 James H. Rich III: So moved. Mary Eisenstein: Second. Chairman Wilcenski: Motion made by Jim, seconded by Mary. Any discussion_? All in favor? Ayes. Opposed? None. Motion carries Chairman Wilcenski: We need a motion for adjournment. James H. Rich III: So moved. Mary Eisenstein: Second. Chairman Wilcenski: Motion made by Jim, seconded by Mary. Any discussion? All in favor? Ayes. Opposed? None. Southold Town Planning Board Page 156 January 14, 2018 Motion carries. There being no further business to come before the Board, the meeting was adjourned. Respectfully submitted, cj:a �cV�-JL12 Jessica Michaelis ezk�v' �., Transcribing Secretary Donald J. Wilcenski, Chairman RECEIVED FEB ' I� 2019 a� osp� Sou old'town CI'er