HomeMy WebLinkAboutPB-02/11/2019 J
OFFICE LOCATION: MAILING ADDRESS:
Town Hall Annex ®� ®�Qj� P.O.Box 1179
54375 State Route 25 ®� ®�® Southold, NY 11971
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Southold, NY ' ,` , , ,=�e" ' `mss' Telephone: 631765-1938
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PLANNING BOARD OFFICE
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PUBLIC MEETING 5
MINUTES
February 11, 2019
6:00 p.m.
Present were: James H. Rich III, Vice-Chairman
Martin Sidor, Member
Pierce Rafferty, Member
Mary Eisenstein, Member
Brian Cummings, Planner
Jessica Michaelis, Office Assistant
William Duffy, Town Attorney
SETTING OF THE NEXT PLANNING BOARD MEETING
Vice-Chairman Rich: Good afternoon and welcome to the February 11, 2019 Planning
Board meeting. The first order of business is for the Board to set Monday, March 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.
Martin Sidor: So moved.
Mary Eisenstein: Second.
Vice-Chairman Rich: Motion made by Martin, seconded by Mary. Any discussion? All
in favor?
Ayes.
Southold Town Planning Board Page 12 February 11, 2018
Opposed?
None.
Motion carries.
SUBDIVISIONS - STATE ENVIRONMENTAL QUALITY REVIEW ACT
(SEQRA)
DEIS Determination of Adequacy/ Set DEIS Hearing & continuation of Sketch Plan
Hearing:
Vice-Chairman Rich: Tuthill Conservation Subdivision —This proposal is for an
80/60 Conservation Subdivision of four parcels SCTM#'s 1000-17-4-16, 1000-17-6-
14.2, 1000-18-3-30.3 and 1000-18-6-17.3 (total area=112 acres) into 17 residential lots,
with 94 acres to be preserved. This project proposes the transfer of yield pursuant to
§240-42 G of the Southold Town Code.
SCTM#1000-17-4-16 (North Dyer) equals 21 acres proposed to be subdivided into 6
lots where the lots range in size from 0.7 - 0.9 acres. This property includes a 0.7 acres
private right-of-way and 15.6 acres of preserved subdivision open space inclusive of 5.7
acres of unbuildable lands.
SCTM#1000-17-6-14.2 (South Dyer) equals 35.3 acres proposed to be subdivided into
5 lots and includes a reserve area for agricultural related use where the lots and
reserve area range in size from 0.5 - 0..9 acres; property includes a 0.5 acre right-of-way
and 28.5 acres of open space inclusive of 14.6 acres of unbuildable lands.
SCTM#1000-18-3-30.3 (North Brown) equals 28.7 acres proposed to be subdivided into
5 lots where the lots range in size from 0.7 - 0.8 acres. This property includes a 1.3 acre
private right-of-way and 23.7 acres of open space inclusive of 2 acres of unbuildable
lands.
SCTM#1000-18-6-17.3 (South Brown) equals 26.9 acres proposed to be subdivided
where Lot 1 equals 0.92 acres. This property includes 25.5 acres of open space
inclusive of 0.62 acre of unbuildable lands.
This property is located at 21505 Route 25, Orient. SCTM #1000- 17.4-16
Pierce Rafferty:
WHEREAS, on March 23, 2016 the Southold Town Planning Board, as Lead Agency,
found that the Draft Environmental Impact Statement (DEIS) for the Tuthill
Conservation Subdivision dated February 11, 2016 inadequate for public review; and
WHEREAS, on, September 14, 2018 the applicant submitted a revised DEIS which has
Southold Town Planning Board Page 13 February 11, 2018
been reviewed; and
WHEREAS on January 28, 2019 the applicant submitted a one page amendment to the
original DEIS submission which has also been reviewed; therefore be it
RESOLVED, that the Southold Town Planning Board, pursuant to the State
Environmental Quality Review Act, hereby finds the Draft Environmental Impact
Statement (DEIS) for the Tuthill Conservation Subdivision, dated as received
September 14, 2018 as amended, complete for public review and comment;
Martin Sidor: Second.
Vice-Chairman Rich: Motion made by Pierce, seconded by Martin. Any discussion? All
in favor?
Ayes.
Opposed?
None.
Motion carries.
Pierce Rafferty: And be it further
RESOLVED, that the Southold Town Planning Board hereby authorizes the Planning
Board Chairman to submit the Notice of Completion pursuant to Part 617 of the
implementing regulations pertaining to Article 8 of the Environmental Conservation Law
and, upon filing, the public comment period will begin;
Martin Sidor: Second.
Vice-Chairman Rich: Motion made by Pierce, seconded by Martin. Any discussion? All
in favor?
Ayes.
Opposed?
None.
Motion carries.
Pierce Rafferty: And be it further
Southold Town Planning Board Page 14 February 11, 2018
RESOLVED, that the Planning Board sets Monday, March 11, 2019 at 6:02 p.m. for a
Public Hearing on the Draft Environmental Impact Statement (DEIS) for the Tuthill
Conservation Subdivision.
Martin Sidor: Second.
Vice-Chairman Rich: Motion made by Pierce, seconded by Martin. Any discussion? All
in favor?
Ayes.
Opposed?
None.
Motion carries.
SUBDIVISIONS
Conditional Sketch Plat Determination:
Vice-Chairman Rich: Liebert Standard Subdivision —This proposal is for the
standard subdivision of a 2.43-acre vacant lot into two lots, where Lot 1 equals 54,134
sq. ft. and Lot 2 equals 54,134 sq. ft. in the R-40 Zoning District. This parcel is located
at 6510 Horton Lane (+/- 100' southeast of the intersection of Jennings Road and
Hortons Lane), Southold. SCTM#1000- 54.-3-14.8
Martin Sidor:
WHEREAS, this proposal is for the standard subdivision of a 2.43-acre vacant lot into
two lots, where Lot 1 equals 54,134 sq. ft. and Lot 2 equals 54,134 sq. ft. in the R-40
Zoning District; and
WHEREAS, on April 12, 2018, the agent submitted a Sketch Plan application; and
WHEREAS, on May 7, 2018, the Sketch Plan application was found incomplete and
additional materials were required; and
WHEREAS, on August 13, 2018, the applicant applied for a Building Permit to construct
a single-family dwelling on Lot 1; and
WHEREAS, on September 4, 2018, the applicant received Build Permit#42988 to
construct a single-family dwelling on Lot 1; and
Southold Town Planning Board Page 15 February 11, 2018
WHEREAS, on September 17, 2018, the applicant was issued a stop work order for
clearing the site prior to approval from the Planning Board for the pending subdivision
application in file #566; and
WHEREAS, on September 21, 2018, the applicant submitted a request to clear and
build on the site prior to Final Approval from the Planning Board, which included a plan
showing the cleared area on the site and the building plans; and
WHEREAS, on September 27, 2018, the Planning Board sent the applicant a letter
requesting that additional dimensions be added to the plan to ensure the subdivision -
design would not be hindered by the location of the proposed house on Lot 1;
WHEREAS, on October 15, 2018, the applicant submitted a revised plan; and
WHEREAS, on October 22, 2018', the Planning Board decided to allow the applicant to
clear and build on Lot 1 prior to Final Approval by the Planning Board contingent upon
the following conditions:
1. The driveway to access Lots 1 & 2 must be designed as a common driveway;
2. Apply for approval from the Suffolk County Department of Health Services
(SCDHS) Office of Wastewater Management for an Innovative Alternative On-
Site Wastewater Treatment System (I/A OWTS) for the proposed house on Lot
1;
3. There will be no further clearing allowed beyond what is shown on the plan that
was submitted on October 15, 2018 until the'Planning Board has approved the
Final Plat and the map has been filed and all necessary permits have been
obtained. The only exception will be the clearing necessary to move the driveway
to meet the common driveway requirement; and
WHEREAS, on January 7, 2019, the applicant submitted a revised Sketch Plan; and
WHEREAS, on January 25, 2019, the applicant submitted proof of application for an
Innovative Alternative On-Site Wastewater Treatment System (I/A OWTS) for the
proposed house on Lot 1;
WHEREAS,-on January 28, 2019, the Planning Board-found the Sketch Plan,
application complete; and
WHEREAS, on February 11, 2019, at their Work Session, the Planning Board found
that the application fulfilled all requirements of§240-Article V Sketch,Plan Review;
therefore be it
t
Southold Town Planning Board Page 16 February 11, 2018
RESOLVED, that the Southold Town Planning Board grants a Conditional Sketch
Plan Approval upon the map entitled, "Sketch Plan for the Standard Subdivision of
Kenneth and Elizabeth Liebert," prepared by John Metzger, Land Surveyor, last revised
January 3, 2019, with the following conditions:
1. Submit a Preliminary Plat application and plan inclusive of the following map
revisions;
a. Provide notation that states, "I/A OWTS are required on Lots 1 & 2";
b. Provide a common driveway to access Lots 1 & 2 and illustrate this on the
plan, using the Town Code guidelines in §240-45 (C) Common driveways;
c. Title the map, "Liebert Standard Subdivision Preliminary Plat";
Mary Eisenstein: Second.
Vice-Chairman Rich: Motion made by Martin, seconded by Mary. Any discussion? All
in favor?
Ayes.
Opposed?
None.
Motion carries.
Conditional Preliminary Plat Determination:
Vice-Chairman Rich: Gonzalez Standard Subdivision —This proposal is for the
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 in the R-80 Zoning District. This parcel is located at 2050 Platt Rd
1,830' south of S.R. 25), Orient. SCTM#1000- 27.-1-9
Mary Eisenstein:
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
Southold Town Planning Board Page 17 February 11, 2018
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
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); and
WHEREAS, on January 14, 2019, the Southold Town Planning Board, as Lead Agency,
pursuant to SEQRA, made a determination of non-significance for the proposed action
and granted a Negative Declaration; and
WHEREAS, on January 14, 2019, the Southold Town Planning Board determined that
this proposed action'is consistent with the policies of the Town of Southold Local
Waterfront Revitalization Program; and
WHEREAS, as a result of this subdivision, new homes will likely be constructed,
creating an increased demand for recreational facilities in the Town. These factors
Southold Town Planning Board Page 18 February 11, 2018
present a proper case for requiring a park suitably located for recreational purposes;
and
WHEREAS, the size of the subject parcel is 4.29 acres and surrounded by residential
development. Suitable land does not exist within the proposed subdivision to
accommodate a public park or playground due to the limited acreage of the parcel; and
WHEREAS, the Southold Town Code establishes a fee to be paid in lieu of providing a,
park within the subdivision; the required fee is $7,000.00 per new lot created; and
WHEREAS, on January 14, 2019, at their Work Session, the Planning Board found that
the application fulfilled all requirements of §240-Article V Preliminary Plat Review;
therefore be it
RESOLVED, that the Southold Town Planning Board, as described above, hereby finds
that the proposed subdivision plat presents a proper case for requiring a park suitably
located for recreational purposes, but that a suitable park cannot be properly located on
such subdivision plat, and that the Planning Board will require $7,000.00 in lieu thereof,
pursuant to 240-53 G of the Southold Town Code;
Pierce Rafferty: Second.
Vice-Chairman Rich: 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 grants a Conditional Preliminary
Plat Approval upon the map entitled, "Gonzales Standard Subdivision Preliminary
Plat," prepared by John Metzger, Land Surveyor, last revised July 13, 2018, with the
following conditions:
1. Submit a Final Plat application with the following revisions to the
subdivision map to be included on the Final Plat:
a. A common driveway is required to access both Lots 1 & 2
pursuant to §240-45 (C) Common Driveway;
Southold Town Planning Board Page 19 February 11, 2018
b. A 20' Vegetated Buffer is required along the entirety of the
proposed common driveway on Lot 1;
c. Show building envelopes on Lots 1 & 2 in accordance with the
Bulk Schedule requirements for the R-80 Zoning District;
d. Provide notation that states, "The maximum permitted lot
coverage is 8,000 sq. ft. per lot";
e. Provide notation that states "All accessory structures must have a
minimum setback of 30 feet";
f. Provide notation that states, "Water supply wells with a maximum
10 GPM flow will be installed to meet the new water demand";
g. Provide notation that states, "The construction of
Innovative/Alternative Onsite Wastewater Treatment Systems will
be required on Lots 1 & 2".
2. Provide a draft covenants and restrictions to the'Planning Board. An initial
'draft will be provided by the Planning Department;
Pierce Rafferty: Second.
Vice-Chairman Rich: Motion made-by Mary, seconded by Pierce. Any discussion? All
in favor?
Ayes.
Opposed?
None.
Motion carries.
Conditional Final Determination:
Vice-Chairman Rich: Mangieri Resubdivision — This proposal is for the re-
subdivision of SCTM: 1000-125.-3-2.3 & 18 where 9.56 acres is proposed for transfer
from Lot 2.3 to Lot 18. Lot 2.3 will decrease from 11.57 acres to 2.01 acres (proposed
Lot 1) and Lot 18 will increase from 0.44 acres to 10 acres (proposed Lot 2), in the AC
Zoning District. This parcel is located at 2050 Route 25 (+/- 200' west of the intersection
of Franklinville Road and S.R. 25), Laurel. SCTM#1000- 125.-3-2.3
Southold Town Planning Board Page 110 February 11, 2018
Pierce Rafferty:
WHEREAS, this Resubdivision proposes to transfer 9.73 acres from SCTM#1000-125.-
3-2.3 to SCTM#1000-125.-3-18 in the AC Zoning District, Laurel. Lot 2.3 will decrease
from 11.57 acres to 1.84 acres (proposed Lot 1). Lot 18 will increase from 0.44 acres to
10.17 acres (proposed Lot 2); and
WHEREAS, on November 7, 2017, the Planning Board responded to the Zoning Board
of Appeals request for comment to unmerge this parcel to create Tax Lots 2.3 & 18.
The ZBA granted a waiver of merger on the application in File #7019; and
WHEREAS, on March 6, 2018, the applicant submitted a Resubdivision application for
review by the Planning'Board; and
WHEREAS, on April 9, 2018, the Planning Board determined they would consider the
application complete upon submission of a map inclusive of the required revisions; and
WHEREAS, on October 9, 2018, the applicant submitted a revised plan, which
rendered the Resubdivision application complete; and
WHEREAS, on October 15, 2018, the Planning Board determined that this proposed
action is an Unlisted Action under SEQRA; and
WHEREAS, on November 1, 2018, the application was referred to the Suffolk County
Planning Commission for comment; and
WHEREAS, this application is EXEMPT from review by the Local Waterfront
Revitalization Program as no new development potential will come as a result of this re-
subdivision; and
WHEREAS, on November 5, 2018, the Public Hearing was held and closed; and
WHEREAS, on December 11, 2018, the Suffolk County Planning Commission
responded without comments; and
WHEREAS, upon conducting a site inspection, the Planning Board found that this is a
unique case where a pond and wetlands on the site provide a natural boundary that
separates the existing residential area from the active agricultural land; and
WHEREAS, creating a new property line perpendicular to State Route 25 would cause
sections of land to be separated and unusable in each of the newly formed lots due to
these natural features; and
WHEREAS, on January 14, 2019, the Planning Board found that it was acceptable for
the new lot line to run at an angle to State Route 25 due to the presence of the natural
Southold Town Planning Board Page 111 February 11,-2018
features on site, as recommended by the lot design considerations in Town Code §240
Subdivision of Land; and
WHEREAS, pursuant to the Resubdivision Policy set by the Planning Board in February
2011, this application is not eligible for a decision from the Planning Board prior to
receiving approval by the Suffolk County Department of Health Services (SCDHS); and
WHEREAS, the Southold Town Planning Board, pursuant to Town Code §240-56,
Waivers of Certain Provisions, may waive certain elements of the subdivision review if
in its judgment they are not requisite in the interest of the public health, safety and
general welfare. After reviewing the information submitted for this application, the
Planning Board has determined that it is eligible for a waiver of the Environmental
Resources Site Analysis Plan (ERSAP), the Primary and Secondary Conservation Area
Plan, the public hearing, and the Sketch Plan and Preliminary Plat steps of the
subdivision process for the following reasons:
1. No new lots are being created;
2. No changes will occur as a result of this lot line change that would adversely
affect the character of the neighborhood; and
WHEREAS, the Planning Board performed an uncoordinated review of this Unlisted
Action pursuant to 6 NYCRR Part 617, Section 617.7 of the State Environmental
Quality Review Act (SEQRA); and
WHEREAS, on December 3, 2018, the Planning Board, pursuant to SEQRA, made a
determination of non-significance for the proposed Re-subdivision and granted a
Negative Declaration; and
WHEREAS, on January 14, 2019, at their Work Session, the Planning Board
determined that the proposed action meets all the necessary requirements of Town
Code §240-57 for a Resubdivision; be it therefore
RESOLVED, that the Planning Board hereby waives the requirements of Town Code
§240 to submit the ERSAP, Primary and Secondary Conservation Plans, Sketch Plan
and Preliminary Plat steps;
Martin Sidor: Second.
Vice-Chairman Rich: Motion made by Pierce, seconded by Martin. Any discussion? All
in favor?
Ayes.
Opposed?
None.
Southold Town Planning Board Page 112 February 11, 2018
Motion carries.
r
Pierce Rafferty: And be it further
RESOLVED, that the Southold Town Planning Board grants a Conditional Final
Approval on the map entitled "Resubdivision for Gian Mangieri," prepared by David
Saskas, Land Surveyor, dated November 18, 2004, and last revised December 6, 2018,
with one condition:
Martin Sidor: Second.
Vice-Chairman Rich: Motion made by Pierce, seconded by Martin. Any discussion? All
in favor?
Ayes.
Opposed?
None.
Motion carries.
SITE PLANS - STATE ENVIRONMENTAL QUALITY REVIEW ACT
SEQRA Type Classification/Set Hearing:
Vice-Chairman Rich: Captain Reds Marine Sales Site Plan —This site plan is for the
proposed construction of a 3,680 sq. ft. metal building (ZBA file 7014) for storage (no
basement) where there exists a 1 -story 1,168 sq. ft. office building for boat sales,
storage, parking and display with 8 parking stalls on a General Business (B) and R-40
split zoned parcel totaling 1.6 acres. The property is located at 9605 Route 25
Mattituck. SCTM#1000-122-6-12
Martin Sidor:
WHEREAS, this site plan is for the proposed construction of a 3,680 sq. ft. metal
building (ZBA file 7014) for storage (no basement) where there exists a 1 -story 1,168
sq. ft. office building for boat sales, storage, parking and display with 8 parking stalls on
a General Business (B) and R-40 split zoned parcel totaling 1.6 acres, Mattituck; and
WHEREAS, the Southold Town Planning Board, pursuant to State Environmental
Quality Review Act (SEQRA) 6 NYCRR, Part 617, has 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; be it therefore
Southold Town Planning Board Page 113 February 11, 2018
RESOLVED, that the Southold Town Planning Board has determined that this proposed
action is an Unlisted Action under SEQRA as described above;
Mary Eisenstein: Second.
Vice-Chairman Rich: Motion made by Martin, seconded by Mary. Any discussion? All
in favor?
Ayes.
Opposed?
None.
Motion carries.
Martin Sidor: And be it further
RESOLVED, that the Southold Town Planning Board sets Monday, March 11, 2019 at
6:01 p.m. for a Public Hearing regarding the Site Plan entitled "Captain Reds Marine
Sales Inc." prepared by John C. Ehlers, L.S., dated January 20, 2017 and last revised
January 16, 2019.
Mary Eisenstein: Second.
Vice-Chairman Rich: Motion made by Martin, seconded by Mary. Any discussion? All
in favor?
Ayes.
Opposed?
None.
Motion carries.
SITE PLANS
Determinations:
Vice-Chairman Rich: Tenedios Barn & Greenhouse Amended —This amended
agricultural site plan is for the addition of a 60' x 24' (1,440sq. ft.) greenhouse to a site
where a one story 8,664 sq. ft. building to house livestock and store feed, supplies and
farm equipment has conditional approval from the Planning Board, 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 (the greenhouse is located in the 5-acre area and the barn is
Southold Town Planning Board Page 114 February 11, 2018
located in the 29.5-acre area) 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 amended agricultural site plan is for the addition of a 60' x 24'
(1,440sq. ft.) greenhouse to a site where a one story 8,664 sq. ft. building to house
livestock and store feed, supplies and farm equipment has conditional approval from
the Planning Board, 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(the greenhouse is
located in the 5-acre area and the barn is located in the 29.5-acre area) in-the R-200,
Zoning District; and
WHEREAS, the Planning Board granted an approval with conditions on January 14,
2019 on the agricultural site plan for the 8,664 sq. ft. barn. Prior to the issuance of a
building permit, necessary permits from the New York State Department of
Environmental Conservation (NYSDEC) are required to be obtained and reviewed by
the Planning Board to ensure they are substantially in agreement with the site plan. 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;
and
WHEREAS, on November 2, 2018, Patricia Moore, authorized agent, submitted an
amended Site Plan Application for review; and
WHEREAS, on November 19, 2018, the Planning Bound found the application
incomplete for review and required additional information; and
WHEREAS, on November 26, 2018, Patricia Moore, authorized agent, submitted
information to the Planning Board for review; and
WHEREAS, on December 10, 2018, Patricia Moore, authorized agent, submitted
information to the Planning Board for review; and
WHEREAS, on December 14, 2018, Patricia Moore, authorized agent, submitted
information to the Planning Board for review; and
WHEREAS, on December 14, 2018, after discovering the greenhouse construction had
begun prior to the site plan being approved, a Stop Work Order pursuant to §280-130 8
was issued by Southold Town Code Enforcement along with three summons after
failure to comply with previous verbal warnings; and
WHEREAS, on December 17, 2018, the Planning Bound accepted the application as
complete for review and did not authorize any further construction of the subject
building prior to site plan approval and the issuance of a building permit; and
Southold Town Planning Board Page 115 February 11, 2018
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 i_s
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 November
19, 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 a agricultural buildings not
open to the public and the parcel is large in size relative to the proposed structures
(less than 1% lot coverage total);
WHEREAS, on December 17, 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 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 1,440 sq. ft. greenhouse, and amending the previous
approval for the agricultural barn; and
WHEREAS, on January 4, 2019, the Planning Board, pursuant to Southold Town Code
§280-131 C., distributed the application to the required agencies for their comments;
and
WHEREAS, on January 10, 2019, the Southold Town Fire Marshal reviewed and
determined that there was adequate fire protection and emergency access for the site;
and
WHEREAS, the action is exempt from the Suffolk County Planning Commission
(SCPC); and
WHEREAS, on January 14, 2019, the Southold Town Agricultural Advisory Committee
provided comments to the Planning Board for consideration; and
WHEREAS, on January 14, 2019, the Public Hearing was held and closed; and
Southold Town Planning Board Page 116 February 11, 2018
WHEREAS, in further coordination with the New York State Department of
Environmental Conservation (NYSDEC) permit(s) will be required from the NYSDEC for
the greenhouse and barn structures; and
WHEREAS, in coordination with the Office of the Town Engineer, the ground
disturbance and construction for both the greenhouse and the barn structures and their
associated infrastructure must be considered together to determine whether the
application is in compliance with Chapter 236 Stormwater Pollution Prevention, and
whether a NYS DEC Stormwater Pollution Prevention Plan (SWPPP) will be required,
and a plan reflecting this must be provided for review; and
WHEREAS, on January 28, 2019, the Architectural Review Committee (ARC) reviewed
the proposed project and approved it as submitted; and
WHEREAS, on January 30, 2019, 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
WHEREAS, at a Work Session on February 11, 2019, the Planning Board reviewed
comments from referral agencies and staff analysis, required revisions to the site plan,
and determined that once revisions are made to the site plan, certain conditions as
listed below are met, and a permit from the New York State Department of
Environmental Conservation (NYSDEC) is received, all applicable requirements of the
Site Plan Regulations, Article XXIV, §280 — Site Plan Approval of the Town of Southold
will have been met; 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,
Vice-Chairman Rich: Motion made by Mary, seconded by Pierce. Any discussion? All
in favor?
Ayes.
Opposed?
None.
Motion carries.
Mary Eisenstein: And be it further
Southold Town Planning Board Page 117, February 11, 2018
RESOLVED, that the Southold Town Planning Board grants an amended approval_
with conditions for the Tenedios Barn and Greenhouse, , and authorizes the
Chairman to endorse the site plan after Conditions "A" through "G" below are met:
Conditions (to be fulfilled prior to endorsement of site plan)
A. Revise the site plan. The purpose of this amended site plan is to consolidate and
replace the plan that received conditional site plan approval on January 14, 2019,
entitled "Tenedios Farm", prepared by Jeffrey T. Butler P.E., dated March 22, 2017
and last revised October 16, 2018; and to add the proposed construction of a 1,440
sq. ft. greenhouse to that plan. Please include the following on the plan:
a. Combine the barn plan and the greenhouse plan so that the original detail and
conditions are all on one plan and both the barn and the greenhouse are shown.
b. Add the updated-wetland delineation lines as approved by the NYSDEC (dated
November 8, 2018). These lines are shown on the plan entitled "Tenedios Farm",
prepared by Nathan Taft Corwin III, L.S., dated January 25, 2017 and last
revised December 7, 2018. The distance of the closest point of the greenhouse
to the wetland line should be provided, however the entire 100' wetland distance
line is not necessary to provide (unless it can be shown without interfering with
demarcation of the Planning Board's required vegetated buffers).
c. Illustrate the areas of disturbance and provide the total area of disturbance
calculations, and calculate the drainage for Chapter 236 for both the greenhouse
and barn and related infrastructure;
d. Conditions 1 - 9 listed below;
B. Provide a minimum of five (5) revised site plans, including the seal, stamp and
signature of the NYS licensed professional preparing the plan;
C. Provide a written determination from a licensed engineer on whether a NYS DEC
Stormwater Pollution Prevention Plan (SWPPP) will be required due the amount of
ground disturbance associated with the proposed construction of the agricultural
buildings and related infrastructure (barn, driveway, utilities and greenhouse). This
certified written determination must be provided to the Office of the Town Engineer
for review and concurrence. If it is determined that a DEC SWPPP is required, the
SWPPP must be filed with and reviewed by the NYS DEC, and a copy of the NOI
and the SWPPP documents must be filed with the Southold Town Engineering
Department;
D. Written confirmation from the Office of the Town Engineer that the proposed
construction and ground disturbance is in compliance with Town Code Chapter 236
must be received by the Planning Board;
Southold Town Planning Board Page 118 February 11, 2018
E. Provide a letter of non-jurisdiction or wetland permit from the Southold Town Board
of Trustees;
F. Written correspondence from the Orient Fire District regarding fire safety;
G. A use certification from the Chief Building Inspector as required by Town Code.
Condition (to be fulfilled prior to the issuance of a building permit)
• 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;
Conditions of approval (ongoing)
Tenedios Barn & Greenhouse Amended Site Plan Application
1. The purpose of this amended site plan is to consolidate and replace the plan that
received conditional site plan approval on January 14, 2019, entitled "Tenedios
Farm", prepared by Jeffrey T. Butler P.E., dated March 22, 2017 and last revised
October 16, 2018; and to acknowledge the proposed construction of a 1,440 sq.
ft. greenhouse;
2. The public is not permitted to access the barn or greenhouse;
3. The barn and the driveway to the barn shall be used for agricultural purposes
only as per the Town's easement;
4. Livestock grazing, paddocks, shelters and enclosures shall be located outside
the vegetated buffers shown on the site plan;
5. Livestock shall be prevented from entering the vegetated buffers;
6. 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;
Southold Town Planning Board Page 119 February 11, 2018
c. Trap pollutants in surface runoff & subsurface flow;
d. Stabilize soils.
Vegetated Buffer 1 shall be managed to maintain existing trees, shrubs and
groundcover;
7. Signs
Any sign that requires a sign permit must be reviewed and approved by the
Planning Board prior to installation;
8. Lighting
No exterior lights were reviewed or approved in connection with this amended
site plan. Any exterior lights on or around the outside of this greenhouse must be
reviewed and approved by the Planning Board and must meet Town Code §172
Lighting;
Pierce Rafferty: Second.
Vice-Chairman Rich: Motion made by Mary, seconded by Pierce. Any discussion? All
in favor?
Ayes.
Opposed?
None.
Motion carries.
Amended Determination/Amendments to Covenants and Restrictions:
Vice-Chairman Rich: Heritage at Cutchoque (aka Harvest Pointe) —Amend the site
plan approval conditions to be consistent with an amendment to the covenants and
restrictions.
Pierce Rafferty:
WHEREAS, this Residential Site Plan for the development of 124 detached and
attached dwellings and associated amenities and infrastructure was approved on
August 14, 2017; and
WHEREAS, on October 16,'2017, the Planning Board adopted a resolution to amend
page PH-1, Construction Phasing Plan of the approved site plan to permit additional
clearing and grading for purposes described in the letter dated October 16, 2017 from
Southold Town Planning Board Page 120 February 11, 2018
the applicant, and further discussed in the Expanded Environmental Assessment for
Construction Phasing dated October 13, 2017; and
WHEREAS, on February 5, 2018, the Planning Board approved, via memo, changes
and additions to the architectural plans for the A and B units; and
WHEREAS, on July 3, 2018, the Planning Board approved a change, via memo, in the
location of the Model C units from where they are shown on the approved site plan to
any location that is currently occupied by a B unit, so long as no more than four C units
are constructed; and
WHEREAS, on January 18, 2019, the Planning Board approved an additional
architectural design, known as Model D, as well as permitting the optional screening in
of patios via letter to the applicant; and
WHEREAS, on December 26, 2018, the attorney for the owner of the development
requested an amendment to the covenants and restrictions (C&R's) and provided a
draft for review; and
WHEREAS, on December 2, 2018, the Planning Board set the public hearing to review
the proposed amendments to the C&R's; and
WHEREAS, on January 14, 2019, the public hearing was held and the record kept open
for one week for written comments; and
WHEREAS, at their work session on February 11, 2019, the Planning Board reviewed
the public hearing comments and determined that the C&R's could be amended with
certain conditions, as listed above; therefore be it
RESOLVED, that the Southold Town Planning Board hereby grants approval to
amend the covenants and restrictions (C&R's), as submitted and reviewed at the
January 14, 2019 public hearing and entitled AMENDED DECLARATION OF
COVENANTS AND RESTRICTIONS Revised red-lined version dated January 2, 2019
from John Wagner, attorney for the property owner;
Martin Sidor: Second.
Vice-Chairman Rich: Motion made by Pierce, seconded by Martin. Any discussion? All
in favor?
Ayes.
Opposed?
None.
Southold Town Planning Board Page 121 February 11, 2018,
Motion carries.
Pierce Rafferty: And be it further
RESOLVED, that the Southold Town Planning Board hereby grants an Amended
Approval With Conditions, listed below, of the residential site plan entitled "Harvest
Pointe at C,utchogue" (aka The Heritage at Cutchogue) prepared by VHB Engineering,
Surveying and Landscape Architecture, P.C., dated July 10, 2015, and last revised
August 30, 2017, See attached list of plans included in the site plan.
Amended Conditions:
• Submit a copy of the Amended C&R's as submitted and reviewed at the
January 14, 2019 public hearing, along with proof they were filed with
the County Clerk;
• All aspects of the Project shall be constructed and maintained
substantially in accordance with the Site Plan including the architectural
drawings, except where the Site Plan is amended by a majority plus one
vote of the Planning Board after a Public Hearing.
• The site will be constructed in four phases according to the Construction
Phasing Plan, page PH-1.
• The clubhouse must be completed and a certificate of occupancy issued
prior to certificates of occupancy being issued for any residential units.
The pool must be completed and a certificate of occupancy issued by
June 1, 2019. Associated site work for the pool and clubhouse must be
completed by June 1, 2019.
• There shall be no more than 124 residential units. Accessory apartments
are not permitted.
• Occupancy of all the residential units shall be limited to persons of the age
of 55 years or older; a spouse of any age, provided the spouse of such
person resides in the unit and is the age of 55 years or older; children or
grandchildren residing with a permissible occupant,-provided such
children or grandchildren are 19 years of age or older; and individuals,
regardless of age, residing with and providing physical support to a
permissible occupant.
• All buildings must be constructed and finished according to the
architectural designs and floor plans approved by the Planning Board.
Southold Town Planning Board Page 122 February 11, 2018
• No buildings shall be within 100 feet of the westerly property line of the
subject property and no buildings shall be within 75 feet of the eastern
property line.
• Basements in the residential units on the Property:
o shall not be used for habitable space; and
o shall not have a ceiling height in excess of eight (8) feet; and
o shall not have windows in excess of the minimum area required for
uninhabitable basements by applicable laws, regulations, and
building and fire codes.
• The maximum total livable floor area for all residential units on the
Property shall not exceed 234,576 square feet. The Site Plan was
approved with 219,076 square feet of livable floor area, with an
allowance of 125 square feet potential increase in each unit with no
expansion of the footprint. This condition does not preclude the
applicant from applying for an amendment to the site plan to add livable
floor area in the form of second floors on the one-story units, with no
expansion of the footprints as shown in the approved site plan, up to the
amount in the Stipulation of Settlement (245,000 square feet). Any
expansion must meet all other building codes and wastewater
regulations of the Suffolk County Department of Health Services.
"Livable floor area," for the purposes of this condition, is defined as all
spaces within the exterior walls of a dwelling unit, but shall not include
community facilities, garages, breezeways, unheated porches, cellars,
heater rooms, and approved basements having a window area of less
than 10% of the square foot area of the room.
• The maximum livable floor area in any one unit must not exceed 1,999
square feet, except for minor increases in livable floor areas within
existing structures of not more than 125 square feet for any unit, so-long
as the total livable floor area on the Property does not exceed 234,576
square feet. This condition does not preclude the applicant from
applying for an amendment to the site plan to add livable floor area in
the form of second floors on the one-story units, with no expansion of
the footprints as shown in the approved site plan, up to the amount in
the Stipulation of Settlement (245,000 square feet). Any expansion must
meet all other building codes and wastewater regulations of the Suffolk
County Department of Health Services. "Livable floor area," for the
purposes of this condition, is defined as all spaces within the exterior
walls of a dwelling unit, but shall not include community facilities,
garages, breezeways, unheated porches, cellars, heater rooms, and
approved basements having a window area of less than 10% of the
square foot area of the room.
Southold Town Planning Board Page 1 23 - February-11, 2018
• There shall be no conversions of garages or screen porches on the
Property to livable floor area.
• There shall be no additions to the residential units on the Property, except
as set forth in Paragraphs 10 and 11 above.
• There shall be at least six different colors used for the exteriors of the
residential units in the development to provide variety in appearance.
• The use of low-flow plumbing fixtures within the residential units and the
community building is required.
• Prior to the certificates of occupancy being issued for any residential units,
all site work and infrastructure servicing those units must be completed
in accordance with the approved site plan, and to the satisfaction of the
Planning Board. Upon finding that the work has been completed to their
satisfaction, the Planning Board will submit a memorandum to the
Building Department with this information.
• According to the Stipulation of Settlement, a total of $2,000,000.00 shall
be payable by the Declarant for all park, recreation area, affordable
housing, professional, and other fees associated with the Project, other
than post-site plan building permit and inspection fees, and 1/124 of the
aforesaid $2,000,000.00 total fees shall be paid to the Town of Southold
upon issuance of each certificate of occupancy for the 124 residential
units included in the Project. Notwithstanding the foregoing, any balance
of the aforesaid $2,000,000.00 in fees that is not paid as of September
25, 2023 shall be paid in full on or before such date. These payments
will be apportioned as Park and Playground fees and payments in lieu of
building Moderate Income Family Dwelling units.
• Prior to beginning Phase 2, at least 75% of the units included in Phase 1
shall either (a) have been issued certificates of occupancy, or (b) be
under contract to be sold. The following conditions are required after the
first residential unit received a certificate of occupancy:
o No parking of vehicles, construction equipment, or storing or
staging of materials or dumpsters in streets where certificates of
occupancy have been issued.
o Streets and access for residents must be kept open and clear for
the entire width of the road to and from their residences.
■ Millstone Lane from Harvest Pointe Lane to the clubhouse
■ Harvest Pointe Lane from the entrance to the end of unit 82.
■ All future sections of road where certificates of occupancy
have been issued.
Southold Town Planning Board Page 124 February 11, 2018
o Provide parking and staging areas off the streets for contractors
vehicles, construction vehicles and equipment and materials.
o No clearing in Phase 2 until after a building permit has been issued
for the area not yet cleared.
o Plantings in the buffer, pursuant to condition #24 b must be
completed to the satisfaction of the Planning Board prior to
beginning construction of units 117-122.
o Open areas of land not in active construction must be stabilized
with vegetation, to the satisfaction of the Planning Board, as soon
as weather permits.
Prior to beginning Phases 3 or 4, at least 75% of the units in the prior phase shall
either (a) have been issued certificates of occupancy, or (b) be under contract to be
sold. The Planning Board will have the discretion to determine the proportion of
units that must either have certificates of occupancy and/or be under contract in the
previous Phases prior to beginning Phases 3 or 4. This determination will depend on
the performance of the owner and their contractors in maintaining safety_ for
residents during the ongoing construction.
• Limits of clearing will be established for each phase of development
according to the approved Construction Phasing Plan, and clearing shall
occur only in the areas identified within the limits of each phase. At the
beginning of each phase of development, the land area to be cleared
will be marked prior to clearing, including identifying the edge of the
Natural Buffer as shown on the approved site plan, and shall-be
inspected by the Planning Board or their designee, and the Office of the
Town Engineer prior to any land clearing. Preparations for all clearing
must comply with the requirements of the Storm Water Pollution
Prevention Plan.
• To minimize loss of Northern long-eared bat (Myotis septentrionalis), the
following actions shall be taken:
o Trees capable of providing roosts outside the buffer shall be
preserved to the greatest extent practicable.
o wildlife biologist experienced with finding,bats will be deployed on
site prior to any tree-clearing to search for any signs of bat
roosting.
oTree removal will be avoided during the pup season from June 1
through July 31.
• April 1 st through October 31 st: Prior to beginning clearing of each phase,
measures to protect the Eastern Box Turtle must be taken. As a New
Southold Town Planning Board Page 125 February 11, 2018
York State-listed species of Special Concern, the Eastern Box Turtle
requires some measure of protection to ensure that the species does
not become threatened. Species of special concern are protected
wildlife pursuant to Environmental Conservation Law section 11-
0103(5)(c). To minimize the loss of Eastern Box Turtles, any clearing at
the site scheduled from April 1st through October 31st will be preceded
by wildlife surveys following the protocol below:
o Surveys for Eastern Box Turtles must be, led by a herpetologist or
wildlife biologist with experience locating wild box turtles, and
their qualifications provided to the Planning Board for approval
prior to the surveys being conducted.
o The survey effort required must equal the following: area of impact
x 4 person-hours/acre = total person-hours of survey effort
o Timing of survey:
■ The survey for Eastern Box Turtles must be conducted
immediately preceding clearing activity.
■ Surveys must be conducted at the time of day and during
weather conducive to peak activity for turtles, to the
greatest extent practicable and as advised by the
herpetologist.
o Prior to clearing, temporary barriers of wire-backed silt fencing shall
be installed around the limits of work and turtle surveys must be
conducted.
o Installation of the temporary barriers must minimize vegetation
disturbance. No clearing may occur outside the Limits of Work.
o The bottom of the silt fencing must be buried in a 4-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.
o 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.
o 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
Southold Town Planning Board Page 126 February 11, 2018
equipment to go in and out during working hours (and closed
again at the end of the work day).
o The barrier should be installed immediately prior to the required
survey.
o A person familiar with barrier maintenance shall inspect the barrier
and facilitate any repairs/alterations necessary to ensure the
integrity of the barrier.
o Silt fence barriers may not be removed from the site until that
phase of the project is complete and is stabilized by vegetation.
o Routine silt fence barrier maintenance is required during the Turtle
Active Season (April 1 st through October 31 st) — 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.
o Outside the Turtle Active Season (November 1 st through March
31 st) -- If the barrier has been left in place over the winter months
and construction is on-going, a person familiar with barrier
maintenance shall conduct an early season inspection in late
March or early April to facilitate any repairs or alteration
necessary for the barrier to function for turtle protection.
•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.
o Documentation of the dates, times, area covered, names and
qualifications of personnel involved, and results of the survey
must be provided to the Planning Department as soon as
possible after completion.
• To facilitate access for Eastern Box Turtles to the habitat reserved for
them in the two areas labeled Seed Mix C that are surrounded by
curbing and sidewalk, add at least two sections of flush curbing, each at
two feet in length, to each circle, the location and design of which will be
reviewed and approved by the Planning Board. These are in addition to
the handicap ramps where turtles could also conceivably gain access.
Southold Town Planning Board Page 127 February-11, 2018
• All clearing, grading and construction shall comply with Town Code
Chapter 236 Stormwater Pollution Prevention regulations that requires
all development to contain storm water runoff on site. All drainage
structures must be installed as approved and any changes must be
reviewed and approved by the Southold Town Office of the Engineer.
• Natural Buffer:
oA minimum 50-foot buffer shall be maintained around the perimeter
of the property, as shown on the approved site plan. The main
purpose of this buffer is for substantial visual screening along the
property lines to mitigate the impacts to neighbors from this
development including aesthetics and quality of life. Other
purposes of the buffer include a wind-break to help reduce soil
erosion, retain natural land and native vegetation for wildlife
habitat, and to help prevent stormwater runoff from leaving the
site. This buffer is identified on the site plan as "Natural Buffer."
o Where the Natural Buffer does not provide substantial visual
screening, supplemental plantings must be made to the buffer by
planting enough evergreens and other trees and shrubs to
accomplish a dense double row of evergreen vegetation. The
supplemental plantings must be of native evergreens
transplanted from the interior of the property, as well as native
evergreens brought in from a nursery if needed to complete the
visual screening to the satisfaction of the Planning Board.
o Between October 1, 2017, and June 1, 2018, supplemental
plantings to the buffer of native evergreens in Phase 1 must be
done to accomplish the goals stated above in a. and b. wherever
the Natural Buffer is accessible. Supplemental plantings to the
buffer of native evergreens in Phases 2-4 shall be done during
appropriate planting seasons during these later phases.
o No clearing, grading or mowing may occur within the Natural Buffer
area.
o Removal of noxious, invasive plants and vines is permitted, but
they must be hand-pulled, hand-cut, or cut with machinery
selective enough to keep nearby native plants intact to the
greatest extent practicable.
Southold Town Planning Board Page 128 February 11, 2018
• Existing native evergreens will be preserved and transplanted into and
adjacent to the buffers, and used in plantings throughout the site where
possible.
• Existing trees outside of the Natural Buffer with high wildlife value, such as
oak species with greater than seven inches diameter at breast height
(dbh), will be preserved to the extent practicable and where they will not
interfere with necessary grading and drainage. Trees and/or shrubs
outside the Natural Buffer area that are selected to be left in place shall
be flagged and protected during construction.
• Nature trail: A nature trail, constructed of pervious material, must be
installed and maintained as shown on the approved plan.
• Landscaping must be planted and maintained as detailed and shown on
pages L-1 through L-6 of the approved site plan.
• The emergency access to Bridle Lane shall not be used as a construction
entrance or for any other purpose other than emergency access in the
case of an emergency, and, once constructed,_shall be closed with a
gate at all times.
• A gate at the entrance to the development is not permitted without prior
approval by the Planning Board after a Public Hearing.
• The booth at the entrance shall not be staffed unless approved by the
Planning Board after a Public Hearing, except during construction.
• Bike racks shall be provided at the community center and the tennis court.
• Lighting:
oAll exterior lighting, including lighting on the residential units, shall
comply with the provisions set forth in Chapter 172 of the Town
Code, and the approved Lighting Plan for this site.
o Any future exterior light fixtures not shown on the approved Lighting
Plan must be reviewed for compliance and approved by the
Planning Board prior to installation.
o No lights are permitted on the tennis court.
• The Heritage at Cutchogue shall comply with Chapter 180 of the Town
Code, entitled Prevention of Noise, with the following additional
requirements during construction:
Southold Town Planning Board Page 129 February 11, 2018
o Construction activities shall only occur from 7:00 a.m. to 6:00 p.m.
on weekdays and Saturdays.
o No outdoor construction is permitted on Saturdays (only indoor
construction) from Memorial Day to Labor Day.
o No construction activities are permitted on Sundays, year-round,
and the following holidays:
■ New Year's Day
■ Memorial Day
■ Independence Day (Fourth of July)
■ Labor Day
■ Thanksgiving Day
■ Christmas Day -
• The Heritage at Cutchogue, aka Harvest Pointe, must complete the off-
site improvements as detailed on page C-10 Off-site Improvement Plan.
• The following signage must be installed at the expense of the Heritage at
Cutchogue prior to receiving building permits, except for item c. below,
which is only required if (1) such No Left Turn sign is approved by Town
Board resolution and also by the New York State Department of
Transportation (NYSDOT) without requirement of submission of a traffic
study or intersection re-design plan, and (2) the requirement of such
sign will not delay implementation of the subject project:
o Create a three-way stop,intersection where the project driveway
meets Schoolhouse Road and Griffing Street. Stop signs will be
installed so that all traffic must stop at this intersection (as
detailed on page C-10 of the site plan). Approved by Town Board
resolution #2017-533.
o Replace the Yield sign at the end of Schoolhouse Road where it
meets Depot Lane with a Stop sign. Approved by Town Board
resolution #2017-533.
o Install a No Left Turn sign at the end of Griffing Street where it
meets State Route 25. A Town Board hearing will be requested by
the Planning Board after approval of this resolution.
Southold Town Planning Board Page 130 February 11, 2018
• All construction activity must follow the guidelines of the approved Soil
Management Plan and Community Air Monitoring Plan.
• A Construction Traffic Management and Logistics Plan must be submitted
twice a year to the Planning Board (in December and May), to address
and adapt to changing conditions in the area over time (seasonal
populations, increased traffic, safety incidents (if any) and operation
schedules of area schools) and address community concerns (if any).
The plan must include, at a minimum, the following:
o A notice provided to all contractors and subcontractors accessing
the site about the following:
o Area speed limits;
o Public and private school safety zones;
o Residential neighborhoods;
o No access to or from site over Spur Road or Bridle Lane;
o Days/hours of proposed construction activity;
o Parking areas for workers and heavy vehicles;
o Construction staging areas;
o Measures to ensure protection of land and integrity of local
roadways;
o Construction Vehicle Route Designation;
o Heritage at Cutchogue will propose a Construction Traffic Route to
be reviewed and approved by the Planning Board, with
recommendations from the Southold Town Transportation
Commission..
• All utilities must be underground.
• No overnight parking in the streets due to their narrow width.
• With respect to wastewater disposal from the Project:
o the Project shall use innovative/alternative wastewater treatment
systems that have been approved under Suffolk County's
Innovative and Alternative On-Site Wastewater Treatment
Southold Town Planning Board Page 131 February 11, 2018
Systems (I/A OWTS) Program (a/k/a Article 19 of the Suffolk
County Sanitary Code);
o the Project developer shall be responsible for continued successful
operation of the VA OWTS systems on the Subject Property until
such'time as a condominium owners association takes over the
management of the Property; and
o an annual monitoring report shall be provided to the Planning
Board to check whether the level of nitrogen in the effluent
remains at or below 19 mg/L, and the duration and methodology
of such annual reporting shall be determined in conjunction with
the Suffolk County Department of Health Services ("SCDHS").
• Irrigation:
o Overall water usage for irrigation shall not exceed an average of
25,000 gallons per day during the peak summer season -- May
through October;
o Drip irrigation systems shall be used for irrigation of plantings other
than lawn areas;
o Soil moisture sensors shall be used to ensure irrigation is
suspended during times when enough rain has fallen that
irrigation is not necessary;
o Irrigation shall be conducted so that it occurs in phases on
alternating days, and the entire irrigated area is not irrigated at
the same time; and
o Water used for irrigation shall be drawn from separate wells, a
sufficient number of such wells shall be provided to avoid a cone
of depression that lowers the water table or upconing that results
in salt water intrusion that could affect the wells of neighbors,
such wells shall be situated where they will not affect the quality
or quantity of water available from the private wells of nearby
residents or the Suffolk County Water Authority; and the pumps
for such wells shall not create noise that measures more than
50dB at the nearest residential structure; and
o All irrigation wells 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 shall be sent annually to the Planning Board.
1
Southold Town Planning Board Page 132 February 11, 2018
• The Open Space area is required to be at least 50% of the land area of
this site, and consists of a total of 23 acres, as shown on page OS-1 of
the Site Plan. The permitted and prohibited uses in the open space are
detailed in the covenants and restrictions and in part on page L-1 of the
site plan.
• Any changes in the extent, height or materials to the existing fence along
a portion of the perimeter of the property require prior review and
approval from the Planning Board.
• Solar panels are required to be provided on the clubhouse.
• A first aid station is required to be provided in the clubhouse.
• The final design of the Harvest Pointe sign at the entrance for the
development will require prior review and approval by the Planning
Board for location and lighting, and the Building Department for code
compliance.
• The fence around the tennis court will require review by the Building
Department for code compliance.
• This site plan approval shall be valid for three (3) years from the date of
this approval, unless the Planning Board grants an extension.
• Any changes from the approved site plan shall require Planning Board
approval.
• Prior to the issuance of the first residential unit's certificate of occupancy
for each phase of the project, the Planning Board must inspect the site
to ensure it is in conformity with the approved site plan and issue a final
site inspection approval letter. Should the site be found to not be in
conformance with the Approved Site Plan, no certificate of occupancy
may be issued unless the Planning Board approves the change.
Martin Sidor: Second.
Vice-Chairman Rich: Motion made by Pierce, seconded by Martin. Any discussion? All
in favor?
Ayes.
Opposed?
None.
Southold Town Planning Board Page 133 February 11, 2018
Motion carries.
Approval Extension:
Vice-Chairman Rich: Harbes Greenhouse & Farm Shed —This site plan is for the
proposed construction of a 30' x 96' (2,880 sq. ft.) greenhouse, a 12' x 16' farm shed
and a 10' x 16' poultry pen on 13.5 acres in the A-C Zoning District. The property is
located at 555 Sound Avenue, Mattituck. SCTM # 1000- 120.-1-3
Martin Sidor:
WHEREAS,.this Site Plan is for the proposed construction of a 30' x 96' (2,880 sq. ft)
greenhouse, a 12' x 16' farm shed and a 10' x 16' poultry pen on 13.5 acres in the A-C
Zoning District, Mattituck; and
WHEREAS, on July 1, 2013, the Planning Board granted approval to the hand-drawn
survey entitled "Site Plan for: Edward Harbes, SCTM#1000-120-1-3", stamped received
by the Planning Board on April 22, 2013; and
WHEREAS, on April 29, 2015 and March 22, 2016, the Planning Board notified the
applicant that Site Plan Approval had expired; and
WHEREAS, on April 19, 2016, the applicant submitted a letter requesting an Extension
of Site Plan Approval and provided reasoning that the Approved Site Plan was not
entirely completed and that the 12' x 16' farm shed had not been constructed due to
budgetary constraints; and
WHEREAS, at a Work Session held on May 2, 2016, the Planning Board reviewed the
application and determined that the expired Site Plan was in compliance with current
rules and regulations and granted an extension of one year to May 2, 2017; and
WHEREAS, on May 1, 2017, the applicant submitted a letter requesting an Extension of
Site Plan Approval and provided reasoning that the Approved Site Plan was not entirely
completed due to budgetary constraints; and
WHEREAS, on May 2, 2017, the approval extension expired; and
WHEREAS, at their work session on June 5, 2017, the Planning Board reviewed the
application and determined that the expired Site Plan was in compliance with'current
rules and regulations; be it therefore
WHEREAS, on June 5, 2018, the approval extension expired; and
Southold Town Planning Board Page 134 February 11, 2018
WHEREAS, on January 16, 201"9, the applicant submitted a letter requesting an
Extension of Site Plan Approval and provided reasoning that the Approved Site Plan
was not entirely completed due to budgetary constraints; and
RESOLVED, that the Southold Town Planning Board grants an Extension of Site Plan
Approval for one (1) year from February 11, 2019 to February 11, 2020 on the hand-
drawn,survey entitled "Site Plan for: Edward Harbes, SCTM#1000-120-1-3", stamped
received by the Planning Board on April 22, 2013.
Pierce Rafferty: Second.
Vice-Chairman Rich: Motion made by Martin, seconded by Pierce. Any discussion? All
in favor?
Ayes.
Opposed?
None.
Motion carries.
BOND DETERMINATIONS
Bond Reduction:
Vice-Chairman Rich: Heritage at Cutchogue (aka Harvest Pointe) - This Residential
Site Plan is for the development of 124 detached and attached dwellings classified in
three types: 48 "Type A" units (1,999 +/- sq. ft. livable area), 72 "Type B" units (1,599
+/- sq. ft. livable area) and 4 "Type "C" units (1,999 +/- sq. ft. livable area). In addition,
there are proposed the following: a 6,188 sq. ft. community center with a ±1,125 sq. ft.
outdoor swimming pool, one tennis court, 284 parking spaces of which 256 are
associated with the individual dwelling units and 28 are associated with the community
center, and various other associated site improvements, on a vacant 46.17-acre parcel
in the Hamlet Density (HD) Zoning District located on the n/w corner of Griffing Street
and School House Road, approximately 1,079 feet n/o the Main Road, in Cutchogue.
The property is located at 75 Schoolhouse Road, Cutchogue. SCTM#1000-102-1-33.3
Mary Eisenstein:
WHEREAS, this Residential Site Plan for 124 detached and attached dwellings is
currently under construction; and
Southold Town Planning Board Page 135 February 11, 2018
WHEREAS, on October 26, 2018, Henry Alia, agent for the applicant, submitted a
request to reduce the Bond amount from $150,014 to $39,908; and
WHEREAS, on December 3, 2018 the Planning Board accepted a reduction in the
performance guaranty amount from $150,014 to $75,825 for the Heritage at Cutchogue
and recommended that the Town Board accept same; and
WHEREAS, on December 18, 2018, the Southold Town Board accepted the reduction,
as described above, by resolution #2018-1051; and
WHEREAS, on January 14, 2018, the Planning Board reviewed a request to reduce the
performance guaranty further and agreed that it could be reduced by $17,100; be it
therefore
RESOLVED, that the Planning Board hereby accepts a reduction in the performance
guaranty in the amount of$17,100, and the total amount of the performance guaranty
to be retained will be reduced from $75,825 to $58,725 for the Heritage at Cutchogue
and recommends that the Town Board accepts the same.
Pierce Rafferty: Second.
Vice-Chairman Rich: Motion made by Mary, seconded by Pierce. Any discussion? All
in favor?
Ayes.
Opposed?
None.
Motion carries.
OTHER
Amendments to Covenants and Restrictions:
Vice-Chairman Rich: Hazard 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#1000-1.03-2-1.1 & 1.2._
Pierce Rafferty:
Southold Town Planning Board Page 136 - February 11, 2018
WHEREAS, 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; and
WHEREAS, on March 3, 2018, a declaration of covenants and restrictions dated
February 14, 2018, for the subdivision referenced above were filed with the Office of the
Suffolk County Clerk on in Liber 12953, Page 114; and
WHEREAS, on October 5, 2018, the applicant applied for a Wetlands Permit from the
Town Trustees in order to construct a dock on Eugene's Creek; and
WHEREAS, the covenants state, "A 4 foot wide pedestrian path is permitted to be
cleared through the buffer to access the waterfront. This path through the non-
disturbance buffer must be the shortest distance necessary to connect the waterfront to
the building envelope, and must be constructed of pervious natural materials," in clause
5(B); and
WHEREAS, the covenants also state, "No structures are permitted in the non-
disturbance buffers, except for a fence along the property line," in clause 5(F), the effect
of which is to prevent any improvement with a structure within the four foot path; and
WHEREAS, the applicant has requested permission to construct a catwalk within the
four foot path in the non-disturbance buffer between the top-of-bank and the wetland
line, and this structure is prohibited by the covenants described above; and
WHEREAS, the covenants would need to be amended to grant this permission.
Specifically, clause 5(F) would need to be revised to read, "No structures-are permitted
in the non-disturbance buffers, except for a fence located along the property line, and a
catwalk with associated pilings located within the four foot path and starting at the Top
of Bank seaward to provide access to Eugene's Creek,"; and
WHEREAS, to amend the covenants, a Public Hearing is required to be held, and a
majority plus one vote of the Planning Board is required; and
WHEREAS, on January 14, 2019, the Public Hearing was held and closed without
comment; and
WHEREAS, on January 28, 2019, at their work session, the Planning Board found that
the amendment to the "Declaration of Covenants and Restrictions, as described above
was ready for a determination from the Planning Board; be it therefore
RESOLVED, that the Southold Town Planning Board grants approval to amend the
covenants and restrictions to read as follows:
Southold Town Planning Board Page 137 February 11, 2018
5. (f) "No structures are permitted in the non-disturbance buffers, except for a
fence located along the property line, and a catwalk with associated pilings
located within the four foot path and starting at the Top of Bank seaward to
provide access to Eugene's Creek, only as permitted by the Southold Town
Trustees and/or any other relevant agencies with jurisdiction.";
Martin Sidor: Second.
Vice-Chairman Rich: Motion made by Pierce, seconded by Martin. Any discussion? All
in favor?
Ayes.
Opposed?
None.'
Motion carries.
PUBLIC HEARINGS
Vice-Chairman Rich: 6:01 p.m. — 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
Vice-Chairman Rich: At this point if anyone would like to address the Board regarding
Power Equipment Plus, please step to one of the podiums, state your name, write your
name for the record and address your comments to the Board.
Tim Frost: My name is Tim Frost. I live in Orient and I just have, I guess, two questions
regarding the Tenedios Application.
Vice-Chairman Rich: Sir, this is the public hearing for Power Equipment Plus.
Tim Frost: Oh, we're doing them in order?
Vice-Chairman Rich: Yes, this is the public hearing for them. If you want to — at the
end of the meeting — make a statement, I think that's fine.
Tim Frost: Okay, that's fine.
Vice-Chairman Rich: Thank you. Thank you. Anyone wishing to address the Planning
Board on Power Equipment Plus?
Southold Town Planning Board Page 138 February 11, 2018
Pierce Rafferty: I make a motion to close the hearing.
Martin Sidor: Second.
Vice-Chairman Rich: Motion made by Pierce, seconded by Martin. Any discussion? All
in favor?
Ayes.
Opposed?
None.
Motion carries.
HEARINGS HELD OVER
Vice-Chairman Rich: Cell Tower Colocation T-Mobile at Orient by the Sea — Th'is
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
Vice-Chairman Rich: At this point if anyone would like,to address the Board regarding
Cell Tower Colocation T-Mobile at Orient by the Sea, please step to one of the
podiums, state your name, write your name for the record and address your comments
to the Board.
David Kenny: Good evening Board, for the record, my name is David Kenny. I'm an
attorney with the law firm Schneider & Schneider, LLP. I'm here tonight representing the
applicant T-Mobile Northeast, LLC. As this Board is well aware, at the last meeting, this
involves a coloration at an existing facility. There is an existing 90 foot tall unipole. T-
Mobile, instead of building its own tower, is going to collocate it's antennas within the
existing facility there. There is required, though, a small bump-out on the ground for the
existing equipment- for the proposed equipment—that is to be located on the ground.
We're before the Zoning Board for an area variance for that. This, again, is a
continuation of a public hearing, just so we could make sure that we satisfy completely
the notice requirements for the public hearing. I'm here tonight in case the Board has
any questions or if there is any questions from the public.
Vice-Chairman Wilcenski: And this is a hold-over because we had some people that
failed to receive notification.
H
David Kenny: From January 14t
Southold Town Planning Board Page 139 February 11, 2018
Vice-Chairman Wilcenski: Right, correct. Anyone wish to address the Planning Board
on Cell Tower Colocation T-Mobile at Orient by the Sea?
Pierce Rafferty: I make a motion to close the hearing.
Mary Eisenstein: I second.
Vice-Chairman Rich: Motion made by Pierce, seconded by Mary. Any discussion? All
in favor?
Ayes.
Opposed?
None.
Motion carries.
David Kenny: May I just ask a quick question?
Vice-Chairman Rich: Yes. '
David Kenny: When is a decision expected on this application?
Brian Cummings: I'll be in touch with you.
David Kenny: Okay. Thank you.
APPROVAL OF PLANNING BOARD MINUTES
Vice-Chairman Rich: We need a motion to approve the board minutes from:
• January 14, 2019
Martin Sidor: So moved.
Mary Eisenstein: Second.
Vice-Chairman Rich: Motion made by Martin, seconded by Mary. Any discussion? All
in favor?
Ayes.
Opposed?
None.
Southold Town Planning Board Page 140 February 11, 2018
Motion carries
Vice-Chairman Rich: Sir, do you want to say something at this public meeting?
Tim Frost: Well, I just had a question. Are you open for questions?
Vice-Chairman Rich: Yes. We're here for any questions you may have.
Tim Frost: My name is Tim Frost. I live in Orient. I'm a 35 year resident. I just have a
question regarding —there was a reference to the restrictions on the Tenedios, when
would those be available to the public?
Vice-Chairman Rich: They'll be available tomorrow, right?
Brian Cummings: Yes, when the resolution is finalized. Those are conditions as part of
the resolution.
Tim Frost: And the only other question I had is there — and this may be out of order—
but is there any indication of when the D.E.C. would be finalizing their report?
Bill Duffy: They wouldn't begin to hear the application until the Planning Board rules.
So we can't speak as to when they'll maybe-
Tim Frost: No, I just wondered if there was any indication, right? I know it's up to them.
Bill Duffy: They wouldn't even consider it until the Planning Board rules.
Mary Moore: I also have a question, simply because I don't understand. My name is
Mary Moore, by the way. Heritage of Cutchogue, you didn't read that section. Does that
mean that it was approved as written here? The certificates of occupancy: for the
clubhouse and pool amenities must receive certificate of occupancy before any
residential units receive certificates of occupancy.
Jessica Michaelis: Yes, it was included in the first Heritage resolution.
Vice-Chairman Rich: Yes, that was included in that resolution.
Mary Moore: It was approved then. Okay.
Vice-Chairman Rich: And you can get copies of that within the next couple of days. I
don't want to promise it for tomorrow but within a couple of days. I'm also going to go
out on a limb and say: we did give them some leeway but we also, in exchange for what
we gave them, we re-established some of our ability to look down the line and try to get
more cooperation which, generally, I think it's a good deal for everybody.
Southold Town Planning Board Page 141 February 11, 2018
Mary Moore: No, I was just curious because I know that some of the units are ready to
be closed and I wanted to make sure that that was going to happen. Thank you.
Vice-Chairman Rich: Thank you. Can I get a motion for adjournment?
Pierce Rafferty: So moved.
Mary Eisenstein: Second.
Vice-Chairman Rich: Motion made by Pierce, seconded by Mary. Any discussion? All
in favor?
Ayes.
Opposed?
None.
Motion carries.
There being no further business to come before the Board, the meeting was adjourned.
Respectfully submitted,
.l
Jessica Michaelis
Transcribing Secretary
Donald J. Wilcenski, Chairman
RECEIVED
APR 2 5�01�
Southold Town Clerk