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HomeMy WebLinkAboutPB-03/11/2019 OFFICE LOCATION: ®� ®� MAILING ADDRESS: Town Hall Annex �� I�® P.O. Box 1179 54375 State Route 25 �® �® Southold,NY 11971 (cor.Main Rd. &Youngs Ave.) Southold, NY `Z s' `zs' Telephone: 631 765-1938 www.southoldtownny.gov COU PLANNING BOARD OFFICE TOWN OF SOUTHOLD RECEIVED It APR 2 5 -2019 4Z>P"1 PUBLIC MEETING soy old Town Clerk MINUTES March 11, 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 Jessica Michaelis, Office Assistant William Duffy, Town Attorney SETTING OF THE NEXT PLANNING BOARD MEETING Chairman Wilcenski: Good afternoon and welcome to the March 11, 2019 Planning Board meeting. The first order of business is for the Board to set Monday, April 8, 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. Mary Eisenstein: Second. Chairman Wilcenski: Motion made by Jim, seconded by Mary. Any discussion? All in favor? Southold Town Planning Board Page 12 March 11, 2019 Ayes. Opposed? None. Motion carries. SUBDIVISIONS - STATE ENVIRONMENTAL QUALITY REVIEW ACT (SEQRA) SEQRA Determinations/ Park & Playground Findings: Chairman Wilcenski: 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 Pierce Rafferty: WHEREAS, 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, located at 3360 Wunneweta Road, northwest of the intersection of Little Peconic Bay Road and Wunneweta Road, in the R-40 Zoning; and WHEREAS, on February 2, 2018, the agent submitted a Sketch Plan Application and fee; and WHEREAS, on March 23, 2018, planning staff sent the applicant a letter requesting that the applicant submit a Yield Plan that meets the minimum lot dimension requirements as required through the Town Code; and WHEREAS, on May 7, 2018, the applicant submitted a Yield Plan compliant with the minimum requirements of subdivision set forth in §240-8 Yield Plan; and WHEREAS, on May 17, 2018, the applicant submitted revised Sketch Plan application form, LWRP form, and Short Environment Assessment form to reflect the new design; and WHEREAS, on May 23, 2018, at their Work Session, the Planning Board found that the Sketch Plan application would be found complete upon submittal of a corrected Sketch Plan; and WHEREAS, on June 11, 2018, the Sketch Plan application was deemed complete due to the submittal of a corrected Sketch Plan; and l Southold Town Planning Board Page 13 March 11, 2019 WHEREAS, on July 9, 2018, the Planning Board granted a Conditional Sketch Plan Approval upon the application; and WHEREAS, on October 26, 2018, the applicant submitted a Preliminary Plat application and fee; and WHEREAS, on November 5, 2018, the Planning Board found the Preliminary Plat application complete at their work session; and WHEREAS, on November 5, 2018, the Planning Board set the Public Hearing for Monday December 3, 2018; and WHEREAS, on November 5, 2019, the Planning Board determined that this proposed action is an Unlisted Action under SEQRA; and WHEREAS, on November 6, 2018, the agent for the applicant requested that the hearing be set fora later date due to a conflict; and WHEREAS, on December'3, 2018, the Planning Board set the Public Hearing for January 14, 2019, as requested by the agent; and WHEREAS, on December 12, 2018, the application was referred to all involved and interested agencies; and WHEREAS, on December 26, 2018, the Cutchogue Fire District responded without comment; and WHEREAS, on January 4, 2019, the Local Waterfront Revitalization Program Coordinator responded with comment; and WHEREAS, on January 8, 2019, the Suffolk County Department of Health Services responded with comment; and WHEREAS, on January 14, 2019, the Public Hearing was held and closed; and WHEREAS, on January 15, 2019, the Suffolk County Planning Commission responded without comment; and WHEREAS, on February 6, 2019, the Town Engineer responded with comment; and WHEREAS, at their work session on March 11, 2019, the PB found that this subdivision presents a proper case for requiring a park, and that because suitable land does not exist within the proposed subdivision, the Park and Playground Fee is required to be paid in lieu of providing a park within the subdivision; the required fee is $7,000.00 per new lot created; and Southold Town Planning Board Page 14 March 11, 2019 WHEREAS, the Southold Town Planning Board, pursuant to the 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; and WHEREAS, the Planning Board, as Lead Agency, 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); be it therefore RESOLVED, that the Planning Board, 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? Ayes. Opposed? None. Motion carries. Pierce Rafferty: And be it further RESOLVED, that the Southold Town Planning Board hereby finds that the proposed subdivision presents a proper case for requiring a park, as described above, but that a suitable park cannot be properly located on the subject property, and that the-Planning Board will require a $7;000.00 fee in lieu thereof, pursuant to 240-53 G of the Southold Town Code. James H. Rich III: Second. Chairman Wilcenski: Motion made by Pierce, seconded by Jim. Any discussion? All in favor? Ayes. Opposed? Southold Town Planning Board Page 15 March 11, 2019 None. Motion carries. SUBDIVISIONS Extension of Time to Render Preliminary Plat Determinations: Chairman Wilcenski: Mazzoni Subdivision —This proposal is for a Standard Subdivision of a 22.94 acre parcel into 5 lots where Lot 1 = 2.34 acres, Lot 2 = 1.78 acres, Lot 3 = 2.18 acres, Lot 4 = 0.56 acres, Lot 5 = 16.06 acres inclusive of a 0.97 acre right-of-way, 8.58 acres of Open Space and 6 acres of a Conservation Easement held by the Peconic Land Trust (PLT) located in the R-80 Zoning District. The property is located at 500 Soundview Drive, approximately 782' to the north of NYS Route 25 and 256' to the east of Sound View Drive, Orient. SCTM#1000-13-2-8.2 James H. Rich III: WHEREAS, this proposal is for a Standard Subdivision of a 22.94 acre parcel into 5 lots where Lot 1 = 2.34 acres, Lot 2 = 1.78 acres, Lot 3 = 2.18 acres, Lot 4 = 0.56 acres, Lot 5 = 16.06 acres inclusive of a .97 acre right-of-way, 8.58 acres of Open Space and 6 acres of a Conservation Easement held by the Peconic Land Trust (PLT) located in the R-80 Zoning District; and WHEREAS, the Southold Town 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 Preliminary Plat Public Hearing was closed on July 9, 2018; and WHEREAS, Southold Town Planning Board and the applicant have mutually agreed to extend the timeframe to render a Preliminary Plat Determination from March 11, 2019 to August 5, 2019; therefore be it RESOLVED, that the timeframe to render a Preliminary Plat Determination is hereby mutually extended from March 11, 2019 to August 5, 2019. Mary Eisenstein: Second. Chairman Wilcenski: Motion made by Jim, seconded by Mary. Any discussion? All in favor? Ayes. Opposed? Southold Town Planning Board Page 16 March 11, 2019 None. Motion carries. 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 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 Southold Town Planning Board Page 17 March 11, 2019 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, on August 16, 2018 the applicants' agent requested the seventh extension from September 19, 2018 to December 19, 2018 to render a determination on the Preliminary Plat, and s WHEREAS, on September 10, 2018 the timeframe was extended from September 19, 2018 to December 19, 2018, and WHEREAS, on December 14, 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 WHERAS, on January 14, 2019 the timeframe was retroactively extended from December 19, 2019 to March 19, 2019, and WHEREAS, on March 1, 2019 the applicants' agent requested a ninth extension from March 19, 2019 to June 19, 2019 to render a determination on the Preliminary Plat, and WEHREAS, 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 March 19, 2019 to March 19, 2020. 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 18 March 11, 2019 Motion carries. SITE PLANS - STATE ENVIRONMENTAL QUALITY REVIEW ACT SEQRA Type Classifications/Set Hearing: Chairman Wilcenski: Hound Lane Restaurant—This site plan is for the proposed conversion of an existing 2,815 sq. ft. building into a restaurant on the first floor, the construction of a 2,329 sq. ft. second story addition for two apartments (ZBA file #7237), twenty-six parking spaces and an existing 280 sq. ft. accessory building to remain for dry storage all on .46 acres in the B Zoning District. SCTM#1000-12-1-7.1 Mary Eisenstein: WHEREAS, this site plan is for the proposed conversion of an existing 2,815 sq. ft. building into a restaurant on the first floor, the construction of a 2,329 sq. ft. second story addition for two apartments (ZBA file 7237), twenty-six parking spaces and an existing 280 sq. ft. accessory building to remain for dry storage all on .46 acres in the B Zoning District.; 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 RESOLVED, that the Southold Town Planning Board has determined that this proposed action is an Unlisted Action under SEQRA as described above; Pierce Rafferty: Second. 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 sets Monday, April 8, 2019 at 6:01 p.m. for a Public Hearing regarding the Site Plan entitled "Hound Lane, LLC' prepared by Richard H. Strouse, dated December 28, 2018. Southold Town Planning Board Page 19 March 11, 2019 Pierce Rafferty: Second. Chairman Wilcenski: Motion made by Mary, seconded by Pierce. Any discussion? All in favor? Ayes. Opposed? None. Motion carries. SITE PLANS Determinations Chairman Wilcenski: Cell Tower Col ocation 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 Pierce Rafferty: WHEREAS, 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; and WHEREAS, on September 14, 2018, Bryan Felton, agent to the applicant, submitted an application for Site Plan review; and WHEREAS, on-September 14, 2018, pursuant to §280-74A(4) of the Town Code, the Planning Board received submission of$8,500 into an escrow account with the Town Comptroller's Office to cover the cost of the Technical Consultant's Review; and WHEREAS, on October 4, 2018, pursuant to §280-74A(4) of the Town Code, the Planning Board entered into a Letter of Agreement with Cityscape Consultants, Inc. to provide technical assistance to the Board in reviewing and evaluating the proposed wireless application; and Southold Town Planning Board Page 1 -10 March 11, 2019 WHEREAS, on October 15, 2018, the Planning Board authorized Cityscape Consultants to proceed with the work as outlined in the agreement; and WHEREAS, on November 20, 2018, the Planning Board received'a report prepared by Jonathan N. Edwards, P.E. of CityScape noting that a side yard (area) variance is at the Town's discretion and if granted, CityScape recommends approval of the application consistent with the Structural Analysis dated January 29, 2018 with four (4) conditions; and WHEREAS, on December 20, 2018, Bryan Felton, agent to the applicant, submitted a revised site plan and construction drawings relocating the compound further from the west side yard property line; and in line with the existing ground equipment compound; WHEREAS, the revised site plan was submitted to the Zoning Board of Appeals (ZBA) requesting a side yard area variance; 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 7, 2019, the Southold Town Code Enforcement officer stated 'there were no open violations on the subject parcel; WHEREAS, on January 11, 2019, the Southold Town Trustees determined that the proposed equipment compound would not have any anticipated impacts to wetlands in the vicinity and does not require a permit; and WHEREAS, on January 14, 2019, a public hearing was held by the Planning Board for the above-referenced Site Plan and held open because not all adjacent property owners were properly notified; and WHEREAS, on January 16, 2019, the Southold Town Fire Inspector reviewed and determined that there was adequate fire protection and emergency access for the site; and WHEREAS, on January 16, 2019, the Southold Town Engineer reviewed the above- referenced application, required contact with the NYSDEC and determined the proposed project is exempt from the Southold Town LWRP Chapter 268, Minor Actions item (F); and WHEREAS, on January 28, 2019, the Orient Fire District determined there was adequate fire protection and emergency access for the site; and WHEREAS, on January 28, 2019, the Town of Southold LWRP Coordinator reviewed the above-referenced project and determined the proposed project is exempt from the Southold Town LWRP Chapter 268, Minor Actions item (F); and Southold Town Planning Board Page Ill March 11, 2019 WHEREAS, on February 5, 2019, the NYS Department of Environmental Conservation (NYSDEC) stated that the issued Tidal Wetlands Permit (1-4738-00898/00022) that expires August 25, 2021 must be revised / amended to provide for the proposed equipment compound; and WHEREAS, on February 11, 2019, a public hearing was continued and closed by the Planning Board for the above-referenced Site Plan; and WHEREAS, on February 26, 2019, the Zoning Board of Appeals (ZBA) granted an area variance under file #7274 with four (4) conditions, for the proposed equipment compound at less than the required side yard setback of 25' in the Marine — II (M-II) zoning district. The proposed compound is provided at 7'3." Conditions: (1)Pursuant to the request by the Town of Southold Planning Board, proposed location and height of the telecommunications monopole must be confirmed by the Planning Board and their technical consultant as per Town Code; (2) Substantial evergreen screening must be added to the new equipment compound to the west and north sides to mitigate visual impact; (3) Compliance with all conditions listed in the Town's wireless technical consultant report prepared by Jonathan N. Edwards, P.E. of Cityscape dated October 24, 2018; (4) Site plan approval received by the Town of Southold Planning Board; and WHEREAS, at a Work Session held on March 11, 2019, the Planning Board found that with exception of an updated NYSDEC permit and the proof of filing for Covenants & Restrictions, all applicable requirements of the Site Plan Regulations Article XXIV, §280 — Site Plan Approval of the Town of Southold have been met; be it therefore RESOLVED, that the Southold Town Planning Board has determined that this proposed action is exempt from the policies of the Town of Southold Local Waterfront Revitalization Program; James H. Rich III: Second. 4 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 grants Approval with conditions to the Site Plan entitled "T-Mobile Northeast LLC", prepared by John S. Southold Town Planning Board Page 112 March 11, 2019 Stevens, P.E, dated August 14, 2018 and last revised December 13, 2018, and authorizes the Chairman to endorse the Site Plan once the first two conditions listed below are met. Conditions: Conditions 1& 2 to be fulfilled prior to the Planning Board Chairman endorsing the site plan, and prior to building permits being issued 1. Submit a copy to the Planning Department of the modification to NYSDEC Permit#1-4738-00898/00022, as required; 2. The applicant shall submit draft Covenants and Restrictions (C&R's) to the Planning Board for their review and approval. Once approved, the C&R's must be filed with the Office of the Suffolk County Clerk and a receipt of the filing provided to the Planning Board prior to the issuance of the building permit. The C&R's are for the purpose of ensuring the screening vegetation around the expanded ground equipment compound is maintained as approved for the life of this facility; and Conditions 3 through 6 are ongoing conditions of the site. 3. No exterior lights were reviewed or approved in connection with this site plan. Any exterior lights on or around the outside of this area must be reviewed and approved by the Planning Board and must meet Town Code §172 Lighting. 4. All of Applicant's feed lines/cables shall be installed inside the monopole structure; and 5. ,All ports shall remain sufficiently sealed to prevent access by birds and other wildlife; and 6. The facility shall remain secured and protected from unauthorized personnel. James H. Rich III: Second. Chairman Wilcenski: Motion made by Pierce, seconded by Jim. Any discussion? All in favor? Ayes. Opposed? None. Motion carries. Southold Town Planning Board Page 113 March 11, 2019 Chairman Wilcenski: McCall Wine Production Facility Amended —This amended application is to reduce the size of the previously approved wine production and agricultural storage facility from 17,100 sq. ft. to 7,237 sq. ft., including a 2,992 sq. ft. timber barn on the first floor and a 4,245 sq. ft. winery beneath on a 1.8 acre reserve parcel (SCTM#1 000-109.-1-38) adjacent to over 84 acres of land (SCTM#1000-116.-1- 2.2 & 3.4) with Development Rights held by Suffolk County in the AC Zoning District. This facility will not be open to the public. The property is located at 22600 Route 25, Cutchogue. SCTM#1000-109-1-38 James H. Rich III: WHEREAS, this amended application is for the proposed construction of a multi-level 7,237 sq. ft. wine production and storage facility, not open to the public, including a 2,992 sq. ft. timber barn for agricultural storage to be constructed above a 4,245 sq. ft. winery on a 1.8 acre reserve parcel (SCTM#1000-109.-1-38) adjacent to over 84 acres of land (SCTM#1000-116.-1-2.2 & 3.4) with Suffolk County Development Rights in the AC Zoning District, Cutchogue; WHEREAS, on April 20, 2018, Abigail Wickham Esq., authorized agent, submitted an amended Site Plan Application for review; and WHEREAS, on May 7, 2018, Abigail Wickham Esq'., authorized agent, submitted building elevations and architectural plans for review; and WHEREAS, on May 7, 2018, the Planning Board accepted the amended application as complete for review; and WHEREAS, on May 7, 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 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 multi-level 7,237 sq. ft. wine production and storage facility, including agricultural equipment storage; and WHEREAS, on May 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 May 11, 2018, the Architectural Review Committee reviewed the proposed project and approved it as submitted; and WHEREAS, on May 21, 2018, the Southold Town Fire Inspector reviewed and determined that there was adequate fire protection and emergency access for the site; and Southold Town Planning Board Page 114 March 11, 2019 WHEREAS, on May 21, 2018, the Southold Town Code Enforcement officer stated there were no open violations on the subject parcel; WHEREAS, on May 25, 2018, the Suffolk County Planning Commission (SCPC) reviewed the proposed project and considered it to be an act for local determination as there appears to be no significant county-wide or inter-community impact(s); and WHEREAS, on June 4, 2018, a Public Hearing was held and closed; and WHEREAS, on June 20, 2018, the Cutchogue Fire District determined there was adequate fire protection for the site; and WHEREAS, on June 26, 2018, the Southold Town Engineer reviewed the proposed amended project and determined that the proposed drainage meets the minimum requirements of Chapter 236 for Storm Water Management; and WHEREAS, on July 20, 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; and WHEREAS, at their Work Session, held on July 23, 2018, the Southold Town Planning Board reviewed the proposed Amended Site Plan and determined that all applicable requirements of the Site Plan Regulations have been met with exception of renewed approval from the Suffolk County Department of Health Services (SCDHS) and a renewed Highway Work Permit from the NYSDOT; and WHEREAS, on December 18, 2018, the Suffolk County Department of Health Services (SCDHS) granted approval to Reference #C10-16-0004 for "Winery with private tasting room and office (10 occupant private tasting room only)" @ 721 gallons per day; and WHEREAS, on January 24, 2019, Abigail Wickham Esq., authorized agent, submitted the NYSDOT issued a Highway Work Permit Reference #52522 for the subject site; and WHEREAS, on February 11, 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; and WHEREAS, on March 4, 2019, the Southold Town Chief Building Inspector reviewed and certified the proposed winery as a permitted use in the A-C 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; Southold Town Planning Board Page 115 March 11, 2019 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 approves the Site Plan with one (1) condition entitled "McCall Winery & Barn", prepared by Howard W. Young L.S. and Thomas C. Wolpert, P.E., dated April 16, 2018 and authorizes the Chairman to endorse the Site Plan. Condition: No retail sales or access by the general public permitted. This site is designed and approved for wine production and storage, not as a public tasting room, with a small area for office and meetings for staff and wine professionals only. 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 16March 11, 2019 POLICIES Chairman Wilcenski: Policy Memorandum for Subdivision Affordable Housing Requirements —This policy is for criteria to determine the adequacy of any property offered in lieu of building affordable housing units in a subdivision pursuant to Town Code §240-10 B(2)(c)[2][c]. James H. Rich III: WHEREAS, pursuant to Town Code §240-10 B(2)(c)[1], every new standard residential subdivision involving the creation of five or'more lots shall comply with the requirement to provide affordable housing, where twenty percent of the lot yield shall be set aside for moderate-income family dwelling units (MIFDUs) as defined in the Affordable Housing District, §§ 280-24 through 280-33; and WHEREAS, pursuant to Town Code §240-10 B(2)(c)[2], upon application to the Planning Board, the requirement to build 20% of the total number of units as MIFDUs in the subdivision may be waived. This requirement may be waived only upon the applicant's choosing any one or combination of options pursuant to a plan that is acceptable to the Planning Board and furthers the goals for creating a variety of affordable housing opportunities within the Town; and WHEREAS, pursuant to Town Code §240-10 B(2)(c)[2][c], one of.the options is for the applicant to provide property with development rights equal to the number of the required MIFDU units not constructed in the subdivision, to the Town of Southold Housing Fund, North Fork Housing Alliance, Community Land Trust of Southold Town, or other similar organization approved by the Town Board for the sole purpose of developing affordable housing on the site; and , WHEREAS, the Planning Board has determined that criteria are necessary to assist in determining whether the land that is offered under this option, whether it be to the Town or another entity, is acceptable and furthers the goals of the Town for affordable housing; now, therefore be it RESOLVED that the Planning Board of the Town of Southold hereby adopts the policy memorandum entitled "Criteria for the Option to Provide Land in Lieu of Building Affordable Housing Units in a Subdivision", dated March 11, 2019. Mary Eisenstein: Second. Chairman Wilcenski: Motion made by Jim, seconded by Mary.-Any discussion? All in favor? Ayes. Opposed? Southold Town Planning Board Page 117 March 11, 2019 None. Motion carries. PUBLIC HEARINGS Chairman Wilcenski: 6:01 p.m. — 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 Chairman Wilcenski: At this point if anyone would like to address the Board regarding Captain Reds Marine Sales Site Plan, please step to one of the podiums, state your name, write your name for the record and address your comments to the Board. Karen Hoeg: Sure, Karen Hoeg from Twomey, Latham, Shea on behalf of the applicant, Captain Reds Marine. Here with me this evening is Michael Hughes, the Principal of Captain Reds Marine. Due to a clerical error, I want to just note to the Board that one of the neighbors across the street wasn't noticed properly so we understand that the public hearing will be left open until April 8th and we'll address that. The properties that have been forming parcel of 76,230 square feet located in a split R-40, B zone. The parcel is currently approved with a one story office building of 1,167 square feet and various storage sheds. The site plan application will remove those storage sheds and is for the proposed construction of a 3,680 square feet metal building for storage to be located in the B zone portion of the property behind the existing office building and, pretty much, in line with the existing building on the adjacent property currently belonging to Fine Pier Landscaping on Factory Avenue. The metal building is proposed at 46 by 80 by 18.6 and would be used for boat storage. All lighting on the site will be brought in to code compliance. We have received zoning board approval in April of 2017 with certain conditions and last Thursday we attended the ARC meeting and the Board had no comments. I'm happy to answer any questions that the board or anybody in the public may have. Chairman Wilcenski: Thank you. Does any Board members have any questions for Ms. Hoeg at this time? Anybody? Thank you. Would anybody else like to address the board on Captain Reds Marine Sales? Anyone? Seeing none. James H. Rich III: Chairman, I'd like to make a motion that will hold the hearing open for comments until the April 8th meeting. Mary Eisenstein: Second. Southold Town Planning Board Page 118 March 11, 2019 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. — Tuthill Conservation Subdivision Sketch Plan and Draft Environmental Impact Statement (DEIS) —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- 42G of the Southold Town Code. Chairman Wilcenski: Before we open the floor, I would just like to make a couple of comments. The purpose of this meeting tonight is to continue the adjourned public hearing on the sketch plan and the hold a new hearing on the DEIS which is the Draft Environmental Impact Statement. Comment period on the DEIS and the Sketch plan for written comments will remain open for another 10 days closing on March 21, 2019. We have received several emails and letters of concern about this project in the Planning_ Department as of today. Is there someone here from the family and would like to speak? Yes. I'd like to first have a representative from the Tuthill family speak and give a basic background to everyone and then we'll open up the floor to other speakers. Thank you. Yes. Please state your name and write your name for the record. And again, just as a reminder to everyone in the forum, the process of the DEIS here is any questions or concerns that anybody has are being recorded and the Planning Staff— we will do all the research to have all those questions answered and will be printed and made public again during the Final EIS. Lyle Tuthill: My name is Lyle Tuthill, I'm the son of John Tuthill who is a long-term resident and, as a matter-of-fact, had a genealogy that goes back to 1640... Chairman Wilcenski: Excuse me, Lyle; you'll have to address the Board. Lyle Tuthill: Ok, I'm sorry. And so, we asked, John wanted, as he got older to do things that could get his children to come back to Orient and to also maintain as much of a hamlet atmosphere as he could. And I think you could remember, John had his license plate, he loved old west Orient. So he then inherited from his mother that John H. Brown property and from his uncle, the other property, so at his death, we ended up with a lot of property that—we're wondering what we could do in order to meet what John wanted to do and, INAUDIBLE, and that was to keep the land as open as we can, but also allow his children to come to Orient and stay there. Through our discussions Southold Town Planning Board Page 119 March 11, 2019 with my family, Rich Tuthill and his wife, Ruth, we felt that a conservation subdivision approach would probably be the best we could do, in that, it would keep land as open as possible, we could develop lots that basically, fit our size that we can transfer down to our children and let them use that property and use those lots to have summer homes/full-time homes, whatever to encourage that return. And, in fact, that's kind of where we ended up working with Mark and Heather over the years and going through the other requests that have come through, and the DEIS, and various searches to come up with this approach. So that's kind of where it is and it's really something the Tuthill's are trying to do to keep it in their family. Thank you. Chairman Wilcenski: Thank you, would anybody else like to address the Board? Pease write your name, state your name and address the Board. Thank you. Edward Webb: My name is Edward Webb. I'm the Chairman of the Southold Town Historic Preservation Commission and I just want to state, not for the record, but I've known the Tuthill family for many years. My ancestry only goes back to the 1720's so you got me beat on that, but I've known his mother all my life. We grew up across the street from each other, summer kids in the hamlet of Orient. However, with that, I'll share the following information with you: As I've said, I'm the Chairman of the Southold Town Historic Preservation Commission. Several items have been brought to our attention regarding the Draft Environmental Impact Statement provided for the proposed Tuthill Conservation Subdivision in Orient. To this date, the Historical Preservation Commission has not been consulted by the applicant, its consultant, or the Town staff to obtain our input. This is important because the proposed South Dyer parcel includes plots within the boundaries of the Orient Historic District. In fact, the DEIS incorrectly states that the subdivision properties are adjacent to the Historic District. Any construction on these plots, therefore, would be required to come before the Commission for approval. There's nothing in the DEIS to show how the visual setting of the Orient Historic District would be affected. The DEIS does not mention individually listed town landmarks within the Orient Historic District that are adjacent to or in close proximity to proposed building plots on the South Dyer parcel. Stating that the new South Dyer parcel houses will be compatible with the existing styles of homes in the Orient Historic District is not sufficient. The DEIS implies that it will be the applicant who will determine what is appropriate. Determining of the proposed home in the Orient Historic District is architecturally compatible with the Orient Historic District is the responsibility of the Historic Preservation Commission and not the applicant. Given these issues, which have not been addressed in the DEIS, it is the sense of the Historic Preservation Commission that supplemental and environmental impact statement that addresses these issues should be required. Thank you. Chairman Wilcenski: Thank you, Mr. Webb. We will definitely be reaching out to you through this process for your input. Would anybody else like to addresses the Board on Tuthill Conservation Subdivision? Joel Klein: Good evening Mr. Chairman, members of the Board. My name is Joel Klein, I live in Mattituck and I'm a registered professional archeologist. I want to stay Southold Town Planning Board Page 120 March 11, 2019 historic by saying that I'm not advocating for or against the project, my concerns are with the adequacy of the information in the DEIS pertaining to historic and archeological properties and with what I believe to be irregularities in how the SEQRA process had been .handled. I second the Commission's concerns that potential impacts to the Orient Historic District have not been adequately,considered. Over the course of the review of this project, there were numerous calls for a Visual Impact Study and a View.,Shed analysis. The terms seem to have been used interchangeably, yet they are not the same thing. View Shed Analysis is usually a precursor to a Visual Impact Analysis. It defines the geographic area, sometimes called the "Zone of Visual Influence" from within which the proposed project will be visible. It is the basis of determining where visual impacts must be considered. No View Shed Analysis was carried out with this project. The Visual Impact Study that was performed for the project was a study of the aesthetic impact of the project on the Routh 25 scenic byway. It did not specifically address visual impacts to historical properties, most significantly, the Orient Historic District. It also failed to consider possible impacts of numerous historic structures along Route 25 located outside the Historic District. Only the three page text of the visual assessment is included in the DEIS. Fifty-four pages of photographs and photo simulations -.although they can be found on the town website - have not been included in the DEIS. The DEIS table of contents incorrectly states that 36 pages of photo simulations are included. The DEIS is also deficient in how it deals with potential impacts to archeological sites. In 2011, the applicant had prepared what is known as a "Phase.1-A Cultural Resource Assessment" of the project. This is a desktop study to identify previously known and recorded historic structures and archeological sites that could be affected. The 1-A report identified three prehistoric Native American sites as being on or adjacent to the project parcels but only provided the Estate Historic Preservation office file numbers. The SHBO is their informational division for Historic Preservation in the New York State office in Park Recreation and Historic Preservation. Phase 1-A report also noted the presence of six historic structures on or adjacent to the parcels. These two findings were the basis for the report's author recommending a Phase 1-13 field investigation, which would be limited to those areas which would be affected by proposed building lots and associated infrastructure. At some point, the town of Southold submitted the 1-A report, which is not referenced or included in the DEIS for the State Historic Preservation office for comment and on January 26, 2015, the SHBO concurred with the recommendations for a 1-B study. The 1-B field investigation report was completed in December 2015. It makes no mention of any of the previously reported archeological sites or historic structures mentioned in the 1-A report. It notes that field investigations did locate remains of historic structure on the North Dyer parcel. The Field Investigation recovered 51 prehistoric artifacts from the South Brown parcel, 9 of which were classified as tools. The remainder were mostly stone-tool manufacturing debris known as "Debitage." It seems likely that this is one of the previously known Native American Sites. I would add that the number of artifacts and ratio of soles, tools to tripping debris is suggestive of a major habitation site. No attempt was made to delineate boundaries of this site within the South Brown parcel, apparently, because the investigator recommended a Phase Two intensive testing investigation to collect more information. However, he also states that this need not be done until prior to groundbreaking or construction. This was a serious error for several Southold Town Planning Board Page 121 March 11, 2019 reasons. One, the absence of a specific condition in the site plan approval, the applicant cannot be required to conduct any archeological investigations. And two, the discovery of a significant archeological site on a given parcel either before or during construction could render the parcel unusable or usable only after the expenditure of considerable sums to salvage any discovered remains, which could include human remains in this case. Requiring the Phase Two investigation as part of the DEIS process would have had two benefits. One, it would eliminate the potential problem of a discovery being made on an approved building lot by allowing the relocation of the proposed lot outside the limits of the archeological site. And two, it would provide more permanent preservation of the archeological site within the conservation subdivision. The SHBO has never commented on the Phase 1-B report or concurred with its recommendations, although it was submitted to the SHBO sometime prior to the spring of 2018. The reason for this is that on June 11, 2018, the SHBO requested that the Planning Department provide updated project plans because the areas investigated during the Phase 1-13 study: "...do not correspond with the area of potential INAUDIBLE that was initially submitted for this project." As of last week, the SHBO comments on the Phase 1-B report were still pending because they have not received the requested information from the Planning Department. In spite of the fact that the SHBO comments have not been received, and in spite of the fact that the one of the principal reasons for DEIS being required in the first place, was because of the projects potential to affect historic and archeological sites INAUDIBLE on the recommendation of the Planning Department voted on the DEIS complete. The final DEIS contains only a single page of original text dealing with historic resources including archeological sites. Only four sentences deal with archeology. One of the sentences reads: "No historic artifacts were found." This is potentially misleading. What is should have said was that "No artifacts dating to the historic period, as opposed to the prehistoric period, were found." It addresses the prehistoric site found on the South Brown parcel by noting that only that white quartzite fragments were found. The final sentence indicates that Phase two investigation on South Brown is "recommended if we want to proceed with this SE lot." A recommendation by an applicant to conduct additional studies is not a requirement, has no enforceability and is not an assessment of project impact. The DEIS also includes the three page text of the Phase 1-B report, but the 50 pages of maps, photos and data appendices have been redacted, it is unclear why this was done. In addition to the DEIS problems relating to archeology and historic preservation, I also want to comment on how the SEQRA process of this project was handled. First, no formal scoping was done for this project. Although scoping was not required under DEC SEQRA regulations, the DEC highly recommends it. Had scoping been done, the problem with the work scopes with both the visual impact study and the archeological investigations might have been avoided. I also want to add that as of January 1St scoping is no longer really recommended under SEQRA regulations, it is now required. The second issue I wanted to talk about is the manner in which the DEIS has been made available to the public for review. When the board voted to declare the DEIS complete, the legally required notice of that and the announcement of this hearing was published in DEC's February's environmental notice forum. SEQRA regulations require that a DEIS be accessible electronically. The environmental notice forum notices that this project states that "the draft DEIS is available from the Southold Town Planning Southold Town Planning Board Page 122 March 11, 2019 Department and online at www.southoIdtowony.gov/270/environmental impact statements. I had spoken to many individuals who have told me that when they, accessed the Tuthill Subdivision DEIS through that link, they get a message that says the website is online but it's not responding. On February 28th, I;advised the Planning Department that the link was not functional. Later that day, they responded by saying that the information technology department had checked the link and it was working. I again informed the Planning Department it was not. It's unclear why some people have been able to access,the DEIS in this way but not others. One can find where the DEIS is located or, more accurately, buried, on the Town's website. It can be found by taking the following steps: Going to the Town of Southold's website, going to the "How do I" tab, then going to the "Public Records" link, then going to the "Planning Department" folder, then going to the "Applications" folder— not the SEQRA documents folder— which is different. Then going to the "Conservation Subdivision" folder, then going to the "Pending" folder, then going to the "Tuthill Conservation Subdivision" folder, then going to the "DEIS Received 9/14/2018" folder. One can then attempt to download the DEIS through Laserfiche. The document that is located is the final version of the DEIS, it was not posted until March 4th, prior to that date —while all of the text and the captions to the DEIS were available online —they were seemingly randomly located throughout more than 400 page document simply labeled "Tuthill Conservation Subdivision." Within all of the problems with the DEIS, I wanted to request that the Planning Board find that,a supplemental DEIS is required and failing that that this public hearing be kept open until such time that the applicant has addressed all of the issues,that have been raised here. Thank you. Chairman Wilcenski: Thank you. Would anybody else like to address the Board? Yes? Suzanne Horton: Hi, my name is Suzanne Horton. And again, my family's been here since 1640 so, and I have extended relations to Lyle Tuthill as well. I've known John Tuthill a long time. I think he really... Lyle did a wonderful job in summing up what his intent for the vision of the property was. They really want to encourage, you know, they're trying to preserve such an iconic view to enter into Orient which is iconic and nobody wants that disturbed, but they do want some lots for their children to be able to build upon them in the future. I think, for clarity, for, probably everybody, so that we understand it a little bit better, what would be helpful to everyone is to understand with the open spaces, that land bank preservation, what are the guarantees associated with that land never being built,upon in the future? And secondly, it is R-80 zoning, which usually you have two acre lots. Is that part of a deal to give up that conservation land from preservation so that they can get smaller lots in that area for their family? I think, those would be helpful if those questions could be answered in the process. Thank you. J Chairman Wilcenski: Okay, Thank you. Would anybody else like to address the Board? Venetia Hands: Good evening.. Chairman Wilcenski: Good Evening. Southold Town Planning Board Page 123 March 11, 2019 Venetia Hands: I'm Venetia Hands and I live on Brown's Hills in Orient and I'm also a member of the Board of the Orient Association, which, many of you haver heard of. I'm actually here today in that capacity, to speak on behalf of the Board and its members on continuing the conversation that we've had previously about this project. I can say a lot of really wonderful things about how great this is and how much I appreciate and how much I esteem about the Tuthill's, how much we're glad it's an 80-20 conservation and so on and so forth. But you would know that there's a "but" coming. And so I think I'll just get to the "but." And so the "but" is some questions and here's my number one question: I want to know what size the houses shown in the Visual Impact Study on South Dyer are, what is the actual square footage of those houses being represented there? Nowhere is that stated. We are told that we are,looking at a worst case scenario full build there. We are told that the building area maximum size is 8,000 square feet. Driving here today, I suddenly realized 8,000 - 9,000 square feet happens to be the same size as a certain barn being built a little further down the road on 35 acres. So we're talking about an 8,000 square foot footprint on four, less than 1 acre plots here and it doesn't tell me this but it does,show it in the pages and I know that I can build a two-story house there. So I've got now a 16,000 square foot house. I also'know that if I get permission, I can put another half story on my house, which gives me a 20,000 square foot house. But let's not push that one, because we've got to cover pools and tennis courts and patios and other things so, let's say the houses - in the worst case scenario - are 16,000 square foot. Those are huge'houses! I've seen those houses on the south fork, they look nothing like these. Nothing! So my question is: what is the size of those houses that we're looking at? And I guess, reading between the lines, I'm saying, I and others are not sure we're really being showing maximum build out there. Now, we are told that their designed to fit into Orient in style and size and we're told — and'I appreciate this- that the goal is to bring Tuthill family members back to have it be they who build houses. They probably won't do it very quickly, they probably won't do it all at the same time, and we're told that when they do do it, it's like our hope and intention that whey will build in a size and design appropriate to Orient. But where are the regulations or rules or restrictions to make sure that happens? We are told by the Visual Impact Study that there are lots of houses in Orient that are at least 40,000 square feet. Yeah, has anyone seen one of those? Would you tell me where they are so we can go look at them please? And would you tell us what size lot they're on? Are they on an acre? And how visible they are from Route 25? Don't just assert there are lots of 40,000 square foot houses in Orient. We're not going to just allow that. So to come back to the family's plans to build — have these houses be for the members of the family—which is great- and if a family member sells to somebody not in the family to have the Tuthill trust or whatever it is- have the right for first refusal —these things are wonderful, wonderful , wonderful, but how can you make sure it works out in that way without, in practice, without having some kind of implementation, restriction, plan, whatever. Is there some way the family can specify a limit on house size? Something less than maximum build out? And what might that limit be? You know, this whole project got us thinking about house size in Southold and it's now being looked at by the Mattituck Civic Group, the —what else is there- all the civic groups: East Marion, and so on, because we've got creep coming up from the south fork. I remember, my friend , Bill Southold Town Planning Board Page 124 March 11, 2019 Riles, standing here saying "Who in their right mind would want to build a 20,000 share foot house" indeed. But they do. And they're coming. So let's look at what some of the other towns are doing. Riverhead has maximum size on 1 acre of 12,000. Southampton Village — and we're talking about village- has maximum 6,300. East Hampton Village has maximum 5,000 square feet. Sag Harbor has maximum 5,200. Shellshore Layland brought a maximum — on any size piece of land — of 8,000 square feet and then they took a look at that and said: "Oh no! That's much too big!" and brought it down to 6,000 square feet and — believe me- that's still very big. I'm wondering if there's a way that the Tuthill family, and you, can set a limit of 6,000 square feet then to the houses that can be built there. "It's still too,big" I hear behind me in chatter and they're doing it at 3,000 too. But, you know, I'm not going to say what the right size is. But that's my question, my priority question, we don't know what size those houses are that have been taken photographs of and we're having a very hard time, based on other things we've seen, believing that they are 16,000 square feet., Sorry about that, I have three other questions. Chairman Wilcenski: I'd like to just make a comment; I don't want to spend a lot of time answering questions here because that's just part of the procedure. But I believe those houses that were shown on the Visual Impact Study were 8,000 square feet, and that was the maximum. I don't know where you're getting 16,000 feet from. Venetia Hands: Well they're two stories, Sir. Chairman Wilcenski: No, that includes all of the square footage. That's not of the footprint, that's the total square footage. They were assimilated at 8,000 square feet. So that's all I'm going-to say. Keep asking questions and we'll get them answered for you. Venetia Hands: Okay. So what I'm going to say to that is that is not a worst-case scenario. If those houses are 8,000 square feet total and they are two stories, they are half the size of what is allowed in Southold on one acre,and I would ask the Planning Board to confirm that. Chairman Wilcenski: We'll have those answers for you. That is not my understanding; my understanding is that those assimilations were 8,000 square feet, total home size. Venetia Hands: Alright, so let's find out. Chairman Wilcenski: We will. Venetia Hands: That's a huge difference. So, my next question was, does this acreage fall within the Orient Historical Preservation District? And we've heard about that and what does that mean? Another question is, will homeowners and builders be required to install the most advanced wastewater systems available at the time that they build, in all of these lands? Again, the intent is expressed in the DEIS that we want that to happen, but how to we insure that? And I think this is what I understand is the difference between Visual Impact and View Shed, we're looking only from Route 25. Southold Town Planning Board Page 125 March 11, 2019 What happens if you're standing on Skippers Lane? Or Oyster Ponds Lane? Or even in your garden on Village Lane on the back? What happens when you're looking, when you're out sailing? It hasn't been looked at in its totality. Were the houses up on the hill there? So it's a very limited Shed that I think is what's being done. But that's it. But my main question is and if you're right, that an 8,000 square foot house is that maximum that's allowed, two stories, on one acre of property, we'll have a lot less to save. But I'm sorry I believe it is an 8,000 footprint twice, which is 16,000. Okay? Thank you. Chairman Wilcenski: Thank you. Would anybody else like to address the Board? Yes? Nancy Kardwell: I have two questions. My name is Nancy Kardwell. Good Evening. I have two quick questions. One relates to the questions from the lady who was here just asked. She had mentioned that the height. Is the height restriction of the house 30 feet? Chairman Wilcenski: I think it's 35 in the town. Nancy Kardwell: 35 in Orient? Chairman Wilcenski: In Southold Town. Nancy Kardwell: The whole town. Thank you. My other has to do, most of these studies have been done over the last several years, correct? Environmental studies? Chairman Wilcenski: Yes, and their continuing to be done. Nancy Kardwell: They're continuing. During the last six months, I've been told that there is a considerable problem now with the water supply, the water table in our area and everyone needs to be very vigilant about it. And I was just curious, if the town has looked into that and if there is any plan for moratorium on building that's in the present or in the future. I just... Chairman Wilcenski: We'll have that question answered for you. I can't answer that question. Nancy Kardwell: Thank you. I'm very familiar with the Tuthill's, I'm very supportive of their efforts. I understand their family concerns; I just wanted to ask this just to see them addressed. Chairman Wilcenski: Thank you. Would you please be sure to sign your name for the record? Would anybody else like to address the Board? Yes? You can step to this side. Again, I just want to make a quick notation that this is not a Q &A session. We're taking your questions and they will all be addressed. Thank you. Southold Town Planning Board Page 126 March 11, 2019 Jesse Gordon: Good Evening, my name's Jesse Gordon and I'm going to shift our focus away from the village for a moment, if that's ok, to the North Brown lot. I am speaking on behalf of multiple homeowners around the fence of Browns Hills, which, boarders the North Brown parcel. And we have one particular and specific concern and that is the location of the road as it currently exists accessing the subdivision which is currently to the eastern portion of the plot which is directly bordering numerous houses in the Browns Hills community. So we believe, and I believe that that road would be better placed, for multiple reasons, on the western end of the lot. First being, the impact it will have on the neighborhood gaggle, which is, there are, you know, if you look at the aerials view, which you don't have to now but I'm sure you'll see, there are several houses along that stretch on the Brown's Hill side, whereas on the western side of the lot, there are only two houses and those two houses are set back from the property line. Also,,from a safety perspective, I mean, I think we all know there's a tremendous amount of traffic coming down that road; people going to the ferry, people biking, people running, and its hairy pulling out from out of those roads. As it currently exists, there is an entrance to Brown's Hills, there's a road apron there. And then the next one is where those three houses are currently located, so if the road were put on that side of the property, I believe from a safety perspective it would be considerably safer because there would be less curb cuts and less opportunity for people... I cannot tell you how many times I've pulled out, going to drive west and I've looked at oncoming traffic and haggled onto the traffic heading east and my biggest fear is when somebody rushing to the ferry is going to be passing and I'm not going to see it and I'm just going to slam into them making that right-hand turn. I think to the extent that multiple road aprons and curb cuts can be put to place, you know, if we can reduce that by moving the road to the western portion of the parcel, I think that would be beneficial, not only to us but to the safety of the community in general. I also think there are some other compelling ecological reasons that that road should be moved to the west as well. First being that the eastern edge where the Tuthill plan proposal exists, their new road is currently occupied by a hedge row that straddles the Tuthill property and the property that once belonged to Stuart Johnson. That property, I don't believe this was addressed in the DEIS, has a conservation easement on it as well. Essentially, that would be the center of where those three adjacent parcels, that we're trying to preserve, would be. So by putting the road through over there would essentially breaking up those three farm fields that we're trying to preserve as open land, whereas if the road was to the western portion, we wouldn't be doing that. We also would be making sure that there weren't, you know, power lines and utility poles running through the middle of that land that's trying to be preserved. Another issue and I can't say that I'm stating this on behalf of all the members of the Browns Hills community but, I'm going to say this in my own capacity, which is looking at the DEIS, I did not see any analysis of the impact that the construction of those parcels would have on the bluff. I understand that's going to be a hundred foot setback and that's great, but this will be a lot more open land which is going to result in a lot more runoff and I think it's important to know that there was an area of that bluff, let's say a half a mile away, that caved in a few years ago. So I would urge the Planning Board to insist upon an analysis of the stability of that bluff and the impact of all he drainage from that area is going to have on that bluff. If it's in the DEIS, I missed it but I didn't see it and I don't know if that's required by any means but I think Southold Town Planning Board Page 127 March 11, 2019 it should be encouraged. Really, that's all I have for right now, so thank you very much. Thank you for your diligent work-in looking at this and I appreciate your time, thank you. Chairman Wilcenski: Thank you. Would anybody else like to address the board? You could write your name after you finish talking, how's that? Jerry Newman: Thank you, I'm very slow. Chairman Wilcenski: That's okay. Jerry Newman: My name is Jerry Newman, and we have a home on East Oyster Pond Lane. It's an 18th century house, not very big. It was moved there in 1938. Actually it's in the spot where Suzanne's house is now sitting. I've been persecuted for trying to build 1 there, didn't want the house so my father-in-law bought it for $100 and moved it across the fields which were all four fields at,that point. Sorry, I know the Tuthill's and actually, my family not my husband's family, but my family was also one of the first settlers in Orient, as well as the Tuthill's and the Browns, so we've lived in Orient a long time. We also, my husband and I, we also had a family plan and this house was to go to our younger daughter and it's obviously going,to devalue our property to be looking into the back of an 8,000 square foot or even a 4,000 square foot- house because this is not a big house, it's a little cape house. And my mother-in-law, I'm glad she's not alive right now, I'm sorry but she would be having fits because her biggest thing was sitting on that porch and watching the sunset at the sound and also when her desire was to'be cremated and her ashes spread where she could see from the porch, which was Long Island Sound and Garners Bay. And now, we won't have that vista anymore. She lost her million dollar vista because that's exactly what she thought it was. So it's a disappointment, I've known the Tuthill's a long time, I like them, I consider them friends, but this is a disappointment because I think it will devalue our property. Thank you, I'll ,write my name now. Chairman Wilcenski: Thank you. Anyone else? Would anybody else like to address the Board or make comments to the DEIS for the Tuthill Conservation Subdivision? Deborah Marland: Deborah Marland from Brown's Hills. It does seem that 10 days is not quite enough to resolve all these issues and questions that have been posted. I was just concerned. Chairman Wilcenski: Thank you. I was just going to talk to council about that, would you just bear with me. Chairman Wilcenski: Okay, after discussion, what we're going to do is close the public hearing but we'll leave the public comment hearing open for two weeks because we, and again we have to generate all the answers for your questions so we're just going to push things back two weeks. So that's what the Board has just decided with council. Southold Town Planning Board Page 128 March 11, 2019 Glynnis Berry: Excuse me. I'm sorry but you're going to be able to answer all those questions, in what timeframe and where will we find them? Chairman Wilcenski: Well, we actually. I'm not sure exactly about the timeframe by the state... Mark knows better. But my answer would be, as long as it takes to answer all your questions. Glynnis Berry: My request would be that after they're all answered, we have "X" amount of time to write back. Mark Terry: This is a public hearing on the Draft Environmental Impact Statement. So what that means is that, as these comments come in, the questions that you pose here will actually turn into the Final Environmental Impact Statement. But that the Board will answer every relevant question grouped within that. And that would become that document. Glynnis Berry: Okay and this is the hearing and is there another hearing then? Mark Terry: There is no other hearing on the FEIS. Chairman Wilcenski: No, the FEIS will be formed, the DEIS turns into the FEIS once all these questions and concerns are answered. The staff and board will entertain and answer all those questions. Mark Terry: So it's important, within the next 14 days to provide any more additional comments, in written form to the Planning Board as they are the lead agency. Glynnis Berry: What happens if we discover that these markup houses are 4,000 square feet footprint and 8,000 square feet totality, what are you going to do? Mark Terry: So once the FEIS is drafted, the Planning Board evaluates all of the comments received and develops a Findings Statement. The Findings Statement is a list of mitigation that would be required by the applicant to proceed with this application. Glynnis Berry: I don't get that, Mark, but never mind. You'll get my concern. Chairman Wilcenski: Okay, this is what I can say to answer your concern is to submit as many and as much questions or concerns that you have in the next two weeks. Glynnis Berry: Okay. From as many people as we can? Chairman Wilcenski: Yes. Thank you. James H. Rich III: Mr. Chairman, I make a motion to close the hearing now but remain open for a two week period for written comment. Southold Town Planning Board Page 129 March 11, 2019 Mary Eisenstein: Second. 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: • February 11, 2019 • February 25, 2019 James H. Rich III: So moved. Pierce Rafferty: Second. Chairman Wilcenski: Motion made by Jim, seconded by Pierce. Any discussion? All in favor? Ayes. Opposed? None. Motion carries James H. Rich III: I'd like to make a motion for adjournment. Pierce Rafferty: Second. Chairman Wilcenski: Motion made by Jim, seconded by Pierce. Any discussion? All in \ favor? Ayes. Opposed? None. Southold Town Planning Board Page 130 March 11, 2019 Motion carries. There being no further business to come before the Board, the meeting was adjourned. Respectfully submitted, -2 Jessica Michaelis Transcribing Secretary Donald J. Wilcenski, Chairman RECEIVED a APR`2e55 2019(R3:4G?M Sohold To nClerc '