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HomeMy WebLinkAboutPBA-05/06/2019 OFFICE LOCATION: MAILING ADDRESS: Town Hall Annex ��®f S®�f�® P.O.Box 1179 54375 State Route 25 �® �® Southold, NY 11971 (cor.Main Rd. &Youngs Ave.) s 2 Southold, NY Telephone: 631765-1938 www.southoldtownny.gov C®U ,� PLANNING BOARD OFFICE RECEIVED TOWN OF SOUTHOLD PUBLIC MEETING ' AGENDA Y �o1�p'� Southold Town Clerk May 6, 2019 6:00 p.m. Southold Town Meeting Hall SETTING OF THE NEXT PLANNING BOARD MEETING Board to set Monday, June 3, 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. SUBDIVISIONS - STATE ENVIRONMENTAL QUALITY REVIEW ACT (SEQRA) SEQRA Type Classifications: 260 Hortons Lane Resubdivision —This resubdivision proposes to transfer 0.07 acres (3,240 sq. ft.) from SCTM#1000-61.-1-9.3 to SCTM#1000-61.-1-3.1. As a result of this resubdivision, Lot 9.3 will decrease in size from 2.53 acres to 2.46 acres and Lot 3.1 will increase in size from 0.48 acres to 0.55 acres in the HB Zoning District. The properties are located at 260 Hortons Lane and 53095 State Route 25, on the east side of Hortons Lane, +/- 250' northwest of SR 25 in Southold. SCTM#1000-61.-1-3.1 Wickham & Wickham Resubdivision —The resubdivision proposes to merge part of Lot 2 with Lot 1. Lot 1 (SCTM#1000-103.-11-21) is 0.54 acres. Lot 2 contains two tax parcels, SCTM#1000-103.-11-22.1, the reserved area of 0.39 acres, and SCTM#1000- 103.-11-22.2, the farm area where the development rights are held by Suffolk County. As a result of this resubdivision, Lot 2 will no longer contain a reserved area, and Lot 1 will increase in size from 0.54 acres to 0.93 acres, in the R-80 Zoning District. The Zoning Board of Appeals granted a variance for the nonconforming lot size in File: 7101. This parcel is located on a right-of-way +/- 200' southwest of Old Pasture Road in Cutchogue. SCTM#1000-103-11-21, 22.1 & 22.2 Southold Town Planning Board Page 12 May 6, 2019 SEQRA Determination: Bing Conservation Subdivision -This proposal is for a 75/75 split clustered Conservation Subdivision of 84.72 acres, currently existing as two adjacent parcels, SCTM#1000-95-1-8.3 (54.24 acres) and SCTM#1000-95-1-7.2 (30.49 acres), into 8 residential lots ranging in size from 1.86 to 4.11 acres, a right of way of 2.48 acres, and 2 agricultural lots totaling 60.38 acres from which development rights are proposed to be sold to Suffolk County, in the AC and R-80 Zoning Districts. The property is located at 6795 & 7755 Oregon Road, approximately 1,481 ft. west of Duck Pond Road, in Cutchogue. SCTM#1000-95-1-7.2 & 8.3 SUBDIVISIONS Conditional Preliminary Plat Determination: 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 Conditional Final Determinations: Bing Conservation Subdivision - SCTM#1000-95-1-7.2 & 8.3 Brantuk & Pearson Resubdivision -This proposal is for the resubdivision of SCTM#1000-86.-6-31 & 1000-75.-6-7.2, where 0.27 acres is proposed for transfer from Lot 1 (86.-03-31) to Lot 2 (75.-6-7.2). Lot 1 will decreased in size from 5.23 acres to 4.96 acres and Lot 2 increased from 5.30 acres to 5.57 acres in the AC Zoning District. This property is located at the end of the private r.o.w. beginning at S.R. 25 +/- 930, east of Wells Avenue, in Peconic. SCTM#1000-86-6-31 & 75-6-7.2 Set Hearings: 260 Hortons Lane Resubdivision - SCTM#1000-61.-1-3.1 Wickham & Wickham Resubdivision - SCTM#1000-103-11-21, 22.1 & 22.2 Waivers of Provisions: 260 Hortons Lane Resubdivision - SCTM#1000-61.-1-3.1 Wickham & Wickham Resubdivision - SCTM#1000-103-11-21, 22.1 & 22.2 Park & Playground Findings: Bing Conservation Subdivision - SCTM#1000-95-1-7.2 & 8.3 Southold Town Planning Board Page 13 May 6; 2019 SITE PLANS - STATE ENVIRONMENTAL QUALITY REVIEW ACT SEQRA Determination: 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 SITE PLANS Approval Extension: Pindar Vineyards 2011 - This Site Plan is for the proposed re-location of a 3,259 sq. ft. steel agricultural storage building from an adjacent parcel. The building is 82' x 39', with a height of 15', and will be located 600 ft. North of NYS Rt. 25. The property is located at 4195 Route 25, 1,132' +/-west of Peconic Lane & NYS Route 25, Peconic. SCTM#1000-86-1-15 PUBLIC HEARING 6:01 p.m. — Bing Conservation Subdivision —This proposal is for a 75/75 split clustered Conservation Subdivision of 84.72 acres, currently existing as two adjacent parcels, SCTM#1000-95-1-8.3 (54.24 acres) and SCTM#1000-95-1-7.2 (30.49 acres), into 8 residential lots ranging in size from 1.86 to 4.11 acres, a right of way of 2.48 acres, and 2 agricultural lots totaling 60.38 acres from which development rights are proposed to be sold to Suffolk County, in the AC and R-80 Zoning Districts. The property is located at 6795 & 7755 Oregon Road, approximately 1,481 ft. west of Duck Pond Road, in Cutchogue. SCTM#1000-95-1-7.2 & 8.3 HEARING HELD OVER 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 APPROVAL OF PLANNING BOARD MINUTES • April 8, 2019 • April 22, 2019 OFFICE LOCATION: MAILING ADDRESS: Town Hall Annex q so P.O. Box 1179 54375 State Route 25 ol Southold, NY 11971 (cor.Main Rd. &Youngs Ave.) Telephone: 631 765-1938 Southold, NY www.southoldtow-nny.gov '00UNTi, PLANNING BOARD OFFICE TOWN OF SOUTHOLD May 7, 2019 Damon Hagan, Esq., Southold Town Attorney's Office P.O. Box 1179 Southold, NY 11971 Re: SEQR Classification, Waiver of Requirements & Set Hearing - 260 Hortons Lane Resubdivision SCTM#1 000-�61.-1-3.1 & 9.4 Zoning District: HB Dear Mr. Hagan: The Southold Town Planning Board adopted the following resolutions at a meeting held on Monday, May 6, 2019: WHEREAS, this resubdivision proposes to transfer 0.074 acres (3,240 sq. ft.) from SCTM#1000-61.-1-9.4 to SCTM#1000-6l.-l-3.1; and WHEREAS, as a result of this resubdivision, Lot 9.3 will decrease in size from 2.53 acres to 2.46 acres and Lot 3.1 will increase in size from 0.48 acres to 0.55 acres in the HB Zoning District; and , WHEREAS, the properties are located at 260 Hortons Lane and 53095 State Route 25, on the east side of Hortons Lane, +/- 250' northwest of SR 25 in Southold; and WHEREAS, on April 15, 2019, the applicant submitted a re-subdivision application for review by the Southold Town Planning Board; and WHEREAS, on May 6, 2019, the Southold Town Planning Board found the resubdivisi6n application complete at their Work Session; and WHEREAS, pursuant to §240-56 Waivers of certain provisions, the Southold Town Planning-Board-shall have.-the authority-.to.modify-or waiv _ bject o�cppr p e su- t 1 - 9 Tiate conditions, any provision of these subdivision regulations, if in its judgment they are not 260 Hortons Lane Resubdivision [2] May 7, 2019 requisite in the interest of the public health, safety and general welfare, except where such authority would be contrary to other ordinances or state law; and WHEREAS, the Southold Town Planning Board has determined that the following provisions of the Southold Town Code §240 Subdivision of Land are not requisite in the interest of the public health, safety and general welfare because this resubdivsion is not creating any new development potential and the amount of land being transferred is very small, and therefore, are eligible for a waiver: a. Sketch Plat Review b. Existing Resources Site Analysis Plan (ERSAP) c. Yield Plan d. Primary & Secondary Conservation Area Plan e. Preliminary Plat Review 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 a Type II Action under SEQRA according to 617.5(c)(16) "granting of individual setback and lot line variances and adjustments,"; be it therefore RESOLVED, that the Southold Town Planning Board hereby classifies this proposed action as a Type II Action under SEQRA as described above; and be it further RESOLVED, that the Southold Town Planning Board, pursuant to §240-56 Waivers of certain provisions, hereby waives the following provisions of subdivision; a. Article V. Sketch Plat Review b. §240-10 (A): Existing Resources Site Analysis Plan (ERSAP) c. §240-10 (8):Yield Plan d. §240-10 (C): Primary & Secondary Conservation Area Plan e. Article VI: Preliminary Plat Review; and be it further RESOLVED, that the Southold Town Planning Board sets Monday, June 3, 2019 at 6:02 p.m. for a Public Hearing upon the map entitled "Lot Line Modification Map of Property", prepared by Nathan Taft Corwin III, Land Surveyor, dated November 11, 2016, last revised May 22, 2017. Please refer to the enclosed copy of Chapter 55, Notice of Public Hearing, in regard to the Town's notification procedure. The notification form is enclosed for your use The sign and the post will need to be picked up at the Planning Board Office, Southold Town Annex. Please return the enclosed Affidavit of Posting along with the certified mailing receipts AND the signed preen return receipt cards before 1200 noon on Friday, May 31, 2019. The sign and the post need to be returned to the Planning Board Office after the public hearing is closed. 260 Hortons Lane Resubdivision [3] May 7, 2019 If you have any questions regarding the information contained in this resolution, please contact the Planning Board Office. Respectfully, �k �L)aQ Donald J. Wilcenski Chairman OFFICE LOCATION: MAILING ADDRESS: Town Hall Annex *QF SO(/ry P.O. Box 1179 54375 State Route 25 ��� �l0 Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) Telephone: 631 765-1938 Southold, NY www.s outholdtownny.gov �y�OUNTT'l,N� PLANNING BOARD OFFICE TOWN OF SOUTHOLD May 7, 2019 Abigail A. Wickham,-Esq Wickham, Bressler & Geasa, P.C. P.O. Box 1424 Mattituck, NY 11952 Re: SEAR Classification, Waiver of Requirements & Set Hearing Wickham &Wickham Resubdivision 744 Old Pasture Road, Cutchogue, NY SCTM#:1000-103.-11-21, 22.1 & 22.2 Zoning District: R-80 Dear Ms. Wickham: The Southold Town Planning Board adopted the following resolutions at a meeting held on Monday, May 6, 2019: WHEREAS, this resubdivision proposes to merge part of Lot 2 with Lot 1,.where Lot 1 (SCTM#1000-103.-11-21) is 0.54 acres, and Lot 2 contains two tax parcels, SCTM#1000-103.-11-22.1, the reserved area of 0.39 acres, and SCTM#1000-103.-11- 22.2, the farm area where the development rights are held by Suffolk County; and WHEREAS, as a result of this re-subdivision, Lot 2 will no longer contain a reserved area, and Lot 1 will increase in size from 0.54 acres to 0.93 acres, in the R-80 Zoning District. The Zoning Board of Appeals granted a variance for the nonconforming lot size in File: 7101. This parcel is located on a right-of-way +/- 200' southwest of Old Pasture Road in Cutchogue. SCTM#1000-103-11-21, 22.1 & 22.2; and WHEREAS, on November 20, 2017, the Zoning Board of Appeals granted a variance for the nonconforming lot size in File#: 7101 with the condition to receive approval from the Southold Town Planning Board for lot creation; and WHEREAS, on March 29, 2019, the applicant submitted a resubdivision application for review by the Southold_Town Planning_Board;_and _ s Wickham &Wickham Resubdivision [2] May 7, 2019 WHEREAS, on April 22, 2019, the Southold Town Planning Board found the resubdivision application complete at their Work Session; and WHEREAS, pursuant to §240-56 Waivers of certain provisions, the Southold Town Planning Board shall have the authority to modify or waive, subject to appropriate conditions, any provision of these subdivision regulations, if in its judgment they are not requisite in the interest of the public health, safety and general welfare, except where such authority would be contrary to other ordinances or state law; and WHEREAS, the Southold Town Planning Board has determined that the following provisions of the Southold Town Code §240 Subdivision of Land are not requisite in the interest of the public health, safety and general welfare because this resubdivision does not create any additional residential building lots, reduces by one the number of residential dwelling units, and the amount of land being transferred from one lot to the other is small, and therefore are eligible for a waiver:_ a. Sketch Plat Review b. Existing Resources Site Analysis Plan (ERSAP) c. Yield Plan d. Primary & Secondary Conservation Area Plan e. Preliminary Plat Review 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 a Type II Action under SEQRA according to 617.5(c)(16) "granting of individual setback and lot line variances and adjustments,"; be it therefore RESOLVED, that the Southold Town Planning Board hereby classifies this proposed action as a Type II Action under SEQRA as described above; and be it further RESOLVED, that the Southold Town Planning Board, pursuant to §240-56 Waivers of certain provisions, hereby waives the following provisions of subdivision; a. Article V. Sketch Plat Review b. §240-10 (A): Existing Resources Site Analysis Plan (ERSAP) c. §240-10 (8):Yield Plan d. §240-10 (C): Primary & Secondary Conservation Area Plan e. Article VI: Preliminary Plat Review; and be it further RESOLVED, that the Southold Town Planning Board sets Monday, June 3, 2019 at 6:01 p.m. for a Public Hearing upon the map entitled "John L. Wickham Resubdivision", prepared by John C. Ehlers, Land Surveyor, dated December 6, 2014, last revised July 26,-2017. Wickham &Wickham Resubdivision [3] May 7, 2019 Please refer to the enclosed copy of Chapter 55, Notice of Public Hearing, in regard to the Town's notification procedure. The notification form is enclosed for your use The sign and the post will need to be picked up at the Planning Board Office, Southold Town Annex. Please return the enclosed Affidavit of Posting along with the certified mailing receipts AND the signed green return receipt cards before 12.00 noon on Friday, May 31, 2019. The sign and the post need to be returned to the Planning Board Office after the public hearing is closed. If you have any questions regarding the information contained in this resolution, please contact the Planning Board Office. Respectfully, Donald J. Wilcenski Chairman OFFICE LOCATION: MAILING ADDRESS: Town Hall Annex �QF so P.O. Box 1179 54375 State Route 25h0� Ol0 Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) Southold, NY Telephone: 631 765-1938 www.southoldtownny.gov �yC4UNTY,�c� PLANNING BOARD OFFICE TOWN OF SOUTHOLD May 7, 2019 Patricia Moore, Esq. 51020 Main Road Southold, NY 11971 Re: SEAR, LWRP, Park and Playground and Conditional Final Plat Approval - Bing Conservation Subdivision Located at 6795 and 7755 Oregon Road, Cutchogue, New York SCTM#1000-95-1-7.2 & 8.3 Zoning District: R-80 and A-C Dear Ms. Moore: The Southold Town Planning Board adopted the following resolutions at a meeting held on Monday, May 6, 2019: WHEREAS, This proposal is for a 75/75 split clustered Conservation Subdivision of 84.72 acres, currently existing as two adjacent parcels, SCTM#1000-95-1-8.3 (54.24 acres) and SCTM#1000-95-1-7.2 (30.49 acres), into 8 residential lots ranging in size from 1.86 to 4.11 acres, a right of way of 2.48 acres, and 2 agricultural lots totaling 60.38 acres from which development rights are proposed to be sold to Suffolk County, in the AC and R-80 zoning districts; and WHEREAS, this application is a reduced density conservation subdivision with a split cluster design with a permissible yield of 10 lots; and WHEREAS, on August 3, 2017, the Southold Board of Trustees submitted a letter verifying the top of bluff from their March 16, 2017 inspection to the Planning Board and indicated that the line on the Sketch Plan dated November 7, 2016 accurately reflects the top of bluff with the exception of one area on Lot 6 where the line is to be moved to 54' contour; and WHEREAS,_on August 8_, 2017 that the Southold Town_Planning Board granted Conditional Sketch Plan Approval upon the map entitled 75/75 Clustered Conservation Subdivision Big Bing", dated January 18, 2016 and last revised June 14, Bing Conservation Subdivision Pae 12 May 7, 2019 2017, prepared by David H. Fox, Licensed Land Surveyor, with five conditions, all of which were met; and WHEREAS, in a December 28, 2018 letter the Town of Southold Superintendent of Highways, pursuant to Chapter 161 Highway Specifications Article lll. Roadway Construction § 161-15. Construction specifications, A, Footnote 5, approved the reduction of the required 50' right of way to 30' in width with a 26' wide load,bearing surface; and WHEREAS, on March 8, 2019 the Final Plat application was submitted; WHEREAS, on March 25, 2019, the Planning Board reviewed the Final Plat application at their Work Session and found the application Complete; and WHEREAS, on May 6, 2019 a Final Plat Public Hearing was held and closed on the final plat entitled "Final Road and Drainage Prepared for: Big Bing" prepared by David H. Fox, Land Surveyor dated October 26, 2017 and last revised January 22, 2019; and WHEREAS, a their April 8, 2019 work session the Planning board agreed to accept the road name of"Oregon Close"; 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); and WHEREAS, the practice of the Planning Board with regard-to beach access over the bluff for new lots on the Long Island Sound shore has been to allow only a single shared access for all lots; and WHEREAS,,in consideration of the residential density on this property being reduced by the applicant agreeing to a conservation subdivision, and then further reduced-by the applicant proposing only 8 residential lots where 10 would be allowed, the Planning Board has agreed to allow one access for each of the three'waterfront lots, and one for the remaining lots in the subdivision; and WHEREAS, at their March 25, 2019 work session the Planning Board found 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 due to the location of the parcel, active agriculture use and the,proposed sale of development rights; and WHEREAS, Southold Town Code §240-53 G establishes a fee to be paid in lieu of providing a park within the subdivision, and the required fee is $3,500.00 per new lot created; and WHEREAS, the Southold Town Planning Board, pursuant to Town Code.§240-56, Waivers of Certain Provisions, shall have the authority to modify or waive, subject to appropriate conditions, any provision of these subdivision regulations, if in its judgment Bing Conservation Subdivision Pae 13 May 7, 2019 they are not requisite in the interest of the public health, safety and general welfare, may waive any provision of the subdivision regulations 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 due to the following reasons it is eligible for the following waivers; 1. Environmental Resources Site Analysis Plan (ERSAP) and the Primary and Secondary Conservation Area Plan - Since the subdivision is a conservation subdivision, the parcels contain large areas in active agriculture upon which the landowner proposes to sell development rights to Suffolk County and the unbuildable area is limited to the Coastal Erosion Hazard Area, the design of the subdivision did not require these plans. 2. Clearing Limits on Lots 1, 4, 5, 9 and 10. These lots are cleared or mostly cleared, in agricultural use or located within close proximity to active agriculture. Lots 4 and 10 are required to install a landscaped buffer and the remaining lots are expected to be landscaped; and 3. Town Code § 240-49 1 (2). Street trees on Lots 1, 2 and 3 can be waived due to potential conflicts with current and future agricultural operations and practices; and WHEREAS, at their work session on May 6, 2019, the Planning Board found, pursuant to § 240-49 1 (4) of the Town Code, that the proposed subdivision presents a proper case for requiring street trees on lots 4, 5, 7, 9, and 10 to be planted for screening or landscaping purposes, but that a suitable location for said plantings does not exist, or it is otherwise impracticable due to; 1. The street trees potentially conflicting with current or future agricultural use and practices; and 2. A public benefit will not be achieved by the planting of street trees on Lots 4, 5, 7, 9 and 10. The lots are on a private street and are located greater than 2,000 feet from a public street (Oregon Road); and 3. Screening and landscaping is expected to be achieved on Lots 4, 5, 7, 9 and 10 through landscaping installed by the future lot owners; and WHEREAS, the Planning Board has agreed to allow the applicant to pay a sum of money in lieu thereof in the amount of $350.00 per street tree or $8050.00; be it therefore RESOLVED, pursuant to Town Code §240-56, Waivers of Certain Provisions the Planning Board hereby waives § 240-49 1 (4) of the Town Code regarding street trees on ' Lots 1, 2 and 3 due to potential conflicts with current and future agricultural operations and practices; and be it further RESOLVED, that the Planning Board hereby waives the requirements of Town Code §240 to submit the ERSAP, Primary and Secondary Conservation Plans and clearing limits on lots 1, 2, 3, 4, 5, 9, and 10; and be it further Bing Conservation Subdivision Pae 14 May 7, 2019 RESOLVED, the Planning Board, pursuant to SEQRA, makes a determination of non- significance for the proposed action and grants a Negative Declaration; and be it further 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 a Park and Playground fee in the amount of$21,000.00 in lieu thereof; and be it further RESOLVED, that the Planning Board determines that this proposed action is consistent with the policies of the Town of Southold Local Waterfront Revitalization Program; and be it further RESOLVED, that the Southold Town Planning Board hereby grants Conditional Final Plat Approval upon the map entitled "Final Road and Drainage Prepared for: Big Bing" prepared by David H. Fox, Land Surveyor dated October 26, 2017 and last revised January 22, 2019'with the following conditions: 1. Revise the plat entitled "Final Road and Drainage Prepared for: Big Bing" as follows to produce the Final Plat: i. Title the final plat " Final Plat Clustered Conservation Subdivision of Big Bing" ii. Correct the discrepancy in the 75/75 Conservation Subdivision Calculations and Site Data tables for the acreage shown for the "Buildable Area". The numbers do not match. iii. Show the right of way ownership divided between lots 4, 5, 6, 7, 8, 9, and 10. iv. Show clearing limits on Lots 6, 7, and 8. Include the non-disturbance and vegetative buffers to account for meeting the minimum percentage of clearing limits required. The Planning Board is waiving the clearing limits on lots 1, 4, 5, 9 and 10. Please remove the notation on the plat. v. Amend the building envelopes on lots 6, 7 and 8 by adjusting them south 20' feet landward of the southern boundary of the vegetated buffer line. Structures are not permitted in this area. Ground disturbance is prohibited within this area except for the establishment of lawn areas, landscaping or the installation of subsurface storm water controls. vi. Show a 50' wide landscape buffer on lots 4 and 10 beginning at the southern property lines. vii. Include the notation "Area of Development Rights Sold" on Lots 2 and 3. viii. Label the 10' width for each beach access. ix. Amend and label the width of the flags on Lots 6 and 8. The width of the flags meas ure_20' in width and 25' is required. X. Label the Key Map. A. Show locations of property monuments delineating each lot and the right of way. Additionally, show locations where stakes are to be Bing Conservation Subdivision Pae 15 May 7, 2019 installed at the landward limit of buffers or structure areas prior to clearing. xii. Add covenants and restrictions and any other conditions of approval to the Final Plat. 2. Revise the Final Road and Drainage Plan entitled "Final Road and Drainage Prepared for: Big Bing" prepared by David H. Fox, Land Surveyor dated October 26, 2017 and last revised January 22, 2019 as follows: i. Amend the French drain design to end at the southern boundary lines of lots 4 and 10. Show conventional drainage systems to address the storm water runoff from the road north of the southern lot boundary lines. ii. Show how the French drain system will be protected from silt and debris. No fine materials will be permitted to intermix with the French drain stone. iii. Show the cull-de-sac with a minimum outside pavement diameter width of 88'. This would not include the 5' width of grass. iv. The curb cut access to Oregon Road must meet the Highway Specification without substituting Oil & Stone for the top course. Any stone or concrete curb cut designs should begin at the property line and extend into the subdivision. 3. Provide correspondence from New York Department of Environmental Conservation that a SWPPP is, or is not required for the action. 4. All future homes are required to use the Innovative/Alternative On-site Wastewater Treatment Systems (I/AOWTS). 5. Irrigation on lots 4, 5, 6, 7, 8, 9 and 10 is limited to 15 percent of the total lot area. 6. Obtain approval from the Suffolk County Department of Health Services on the Final Plat (with the required Innovative/Alternative On-site Wastewater Treatment Systems (I/AOWTS). 7. File the Covenants and Restrictions after review and approval,by the Planning Board, with the Suffolk County Clerk's Office and submit proof of filing to the Planning Board. Draft covenants will be provided by the Planning Board for your review and additions or requested edits, and must be submitted back to the Planning Board in draft form for final review and written approval before filing. 8. Submit the park and playground fee in the amount of$21,000.00. Bing Conservation Subdivision Pae 16 May 7, 2019 9. Submit a street tree fee in the amount of$8,050.00 (23 trees x $350.00 each). 10.Submit a draft bond estimate. 11.Upon approval of the draft bond by the Town Board, submit a performance guarantee as outlined in Town Code § 240-34. Forms of security; expiration and terms of bonds; default of the Southold Town Code. 12.Submit the Administration Fee, calculated as 6% of the total bond amount (to be determined). 13.Provide proof of the sale of development rights to Suffolk County. 14.Confirm that the Final Plat is legible for filing at the Office of the Suffolk County Clerk. 15.Meet all Chapter 240. Subdivision of Land Article VII. Final Plat Review § 240-21. Technical requirements. As a reminder, this Conservation Subdivision requires that at least 75% of buildable lands will be permanently preserved and protected from all residential or commercial development by means of the sale, transfer, gift or extinguishment of Development Rights. A firm indication that the Suffolk County Legislature has determined that the County intends to pursue the preservation offer, and that funds are available, is necessary to fulfill this requirement. This indication must be in the form of an executed purchase contract, or in the case of a gift, an acceptance of pending gift or other similar means to extinguish the Developments Rights, and must be presented as part of the Final Plat Application. The applicant shall have 180 days to meet the conditions. The Planning Board may extend this time for no more than two additional periods of 90 days each. Upon a finding that all conditions have been met, the Planning Board will schedule the application for a Final Determination at the next available Public Meeting. If you have any questions regarding the information contained in this resolution, please contact the Planning Board Office. Respectfully, Donald J. Wilcenski Chairman OFFICE LOCATION: MAILING ADDRESS: Town Hall AnnexP.O. Box 1179 54375 State Route 25 O��OF SO(/ryOl Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) '` Southold, NY J�[ J� Telephone: 631 765-1938 www.southoldtownny.gov �y01-UNT`1,� PLANNING BOARD OFFICE TOWN OF SOUTHOLD State Environmental Quality Review NEGATIVE DECLARATION Bing 75/75 Conservation Subdivision Project Number: SCTM#1000-95-1-8.3 & 7.2 Date: May 6, 2019 This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Conservation Law. The Town of Southold Planning Board as lead agency has determined that the proposed action will not have a significant adverse impact on the environment. Name of Action: Bing 75/75 Conservation Subdivision SEQR Status: Type 1 Unlisted X Description of Action: This proposal is for a 75/75 split clustered Conservation Subdivision of 84.72 acres, currently existing as two adjacent parcels, SCTM#1000-95-1-8.3 (54.24 acres) and SCTM#1000-95-1-7.2 (30.49 acres), into 8 residential lots ranging in size from 1.86 to 4.11 acres, a right of way of 2.48 acres, and 2 agricultural lots totaling 60.38 acres from which development rights are proposed to be sold to Suffolk County, in the AC and R-80 zoning districts. Location: Oregon Road, approximately 1,481 ft. west of Duck Pond Road, in Cutchogue SEQR Page 12 May 6, 2019 Reasons Supporting This Determination: The Town of Southold Planning Board has reviewed the action to determine the magnitude, importance and probability of occurrence of potential impacts. A Full Environmental Assessment Form has been submitted. 1. Impact on Land The parcel is located within one of the Town's primary agricultural areas. The north of the parcel abuts the Long Island Sound and the south side of Oregon Road. Currently, the parcel is improved with a concrete, agricultural support structure located in the south of the parcel. The majority of the parcel is in active agriculture with the remaining areas in woodland, bluff and beach. Portions of the parcel are located within the Costal Erosion Hazard Area, an area identified as being susceptible to erosion. Lots 6, 7, and 8 contain portions of a steep bluff with a high rate of erosion due to slope and soil type. Lot topography indicates that the properties slope towards the top of bluff. Due to potential for loss of land area from future storm events, development near these coastal hazard areas needs to be managed. Methods of risk reduction include stabilizing bluff soils with vegetation and non-structural materials, moving structures as far back from the hazard area to the greatest extent practicable and retaining beneficial vegetation in buffers to stabilize soils landward of the bluff are recommended. a. Slopes Lots 5, 6, 7 and 8 contain areas of slopes equal to or greater than 15% (Figure 1). vH: "..T, r.:-•ti'3.' '::""sc r;S.'�(.``. .:ri,.', �' . k'i'7'`�ii" >':w, :.;r.v :.• 's:£'. `s�»'. ,S a w',,,„ _ .Ytr.:ri,'.4 ..w j �„,R.":. .t; t'i:�: r°" 'a'.t="� t.�� .r. _c a.}.. ;;Z. 3`�" r" x:• - '�t_ t "rs O 'n;� .i.,, s3 __t �7?�;y;'' µ`r `r:;s•.� ` �y`Ca' f ,rr:i:•x:1,}l;`•,'i1� �ia,:;b i',%�"...: :�,�tf' 'i r :i:;wr,+` x'�J.+'•;?syr,2... r�e ..a...'.�'ir';:f:s%•f- n't, tr'ssA'+:•.. �-,�:. 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Locations of 15 percent slopes shown in green(ArcMap). SEAR Page 13 May 6, 2019 Construction on slopes (greater than 15%) can result in adverse impacts including land slippage, erosion, changes to storm water runoff quantity and location, visual impacts, and safety issues for vehicular access. Chapter 240 of the Town Code defines slopes equal to or greater than 15 percent as primary conservation areas. CONSERVATION AREAS, PRIMARY-Shall be comprised of areas consisting of freshwater and saltwater wetlands, underwater lands, beaches, lands lying within a one- hundred-year floodplain, slopes equal to or exceeding 15%, areas located seaward of the coastal erosion hazard line and lands subject to easements or other restrictions preventing use of such land for construction of buildings or development. Chapter 240 of the Town Code also dictates that"house sites should generally be located not closer than 100 feet to primary conservation areas and 50 feet to secondary conservation areas, taking into consideration the potential negative impacts of residential development on such areas as well as the potential positive benefits of such locations to provide attractive views and visual settings for residences. " Due to parcel topography, the permissible yield and active agricultural use on the parcel, the creating of a 100' setback to slopes 15 percent or greater is difficult to achieve on each lot. Small areas of slopes equal to or greater than 20% also occur on Lots 5, 6, 7 and 8 (Figure 2). Construction on slopes equal to or greater than 20 percent should be avoided. Lot 6 contains a very small area of 20 percent slopes in the center of the building envelope, a larger area in the front yard bordering and mostly outside of the building envelope and on the bluff. Development of a very small area of 20 percent slopes within the building envelope is unavoidable. The building envelope should be amended to avoid the slopes in the front yard. Disturbance of the slopes in the south of the lot should be avoided. Lot 7 contains small areas of 20 percent slopes within the building envelope, east side yard and on the bluff. The building envelope should be amended to avoid the slopes to the greatest extent practicable. Lot 8 contains small area of 20 percent slopes in the center and southwest of the building envelop, outside of the building envelope in the west side yard and on the bluff. Disturbance of the small area in the center of the building envelope is unavoidable. The building envelope should be amended to avoid the slopes in the southwest. 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Location of 20 percent slopes shown in blue(ArcMap) Due to the small areas of slopes within the building envelopes and the inability of these areas to significantly affect the integrity of the bluff the management of slopes could be adequately achieved through the filing of a New York State Storm Water Pollution Prevention Plan(SWPPP) and pursuant to Chapter 236 Storm Water regulations. Since future construction will be required to meet SWPPP and Town storm water regulations, the impacts from storm water and erosion are expected to be low. 2. Impact on Geological Features The parcel contains a beach/bluff adjacent to Long Island Sound. Subdivision design includes a 50' non-disturbance buffer and a 50' wide vegetated buffer landward, from the top of bluff to preserve the integrity of the bluff system. The Planning Board is also. requiring a 20' wide non-structural area south of the vegetative buffer to preserve the integrity of the vegetative buffer and allow room for storm water control. The Planning Board requested a bluff restoration plan to mitigate the high erosion of soils; however the Engineer for the applicant provided a letter dated January 30, 2019 recommending that the bluff face be kept"natural". Correspondingly, recommendations were made to control storm water on lots 6, 7, and 8. As indicated above a SWPPP is required to control storm water and mitigate erosion. Four separate pedestrian beach accesses are proposed down the bluff. Chapter 275 Wetlands and Shorelines of the Southold Town Code regulates all actions on the beach and bluff areas.Additional oversight-and-permits are required by the New York State Department of Environmental Conversation(NYSDEC). A notation in the Covenants and SEAR Page 15 May 6, 2019 Restrictions regarding the erosion hazards and potential risk to life and property due to the condition of the bluff in its current state is being required by the Planning Board. Adverse impacts to geologic features are expected to be low. 3. Impacts on Water The subdivision shall require a NYSDEC Tidal Wetlands Article -25 Permit and Town of Southold Board of Trustees Wetland and Coastal Erosion Hazard Area permits. A NYSDEC Storm Water Pollution Prevention Plan(SWPPP) is also required. Although not identified as moderate to large in scale, the construction of 8 single family residences and accessory buildings have been identified as capable of contributing to cumulative, long term decline to surface water quality from sanitary waste. To mitigate potential adverse impacts, the applicant is proposing to install Innovative/alternative on- site sanitary systems (I/A OWTS) and implement best management practices to limit nitrogen and phosphorous loading to groundwater and ultimately, surface waters. The generalized flow of groundwater is expected to be to the Long Island Sound located north of the proposed residential lots. The area where the lots 4-10 are located has an estimated groundwater contributing timeframe of up to 2 years to reach surface waters. Potential impacts to surface waters include; increasing pollutant loads from subsurface (cumulative wastewater) and surface flow(storm water). Nitrate (a form of nitrogen) is added to groundwater from sanitary waste disposed to septic systems in unsewered areas and lawn fertilization. Lesser contributions of Nitrogen loading also occur from natural land, atmospheric deposition and runoff from impervious surfaces. Groundwater flowing to surface waters contributes to an increase in nitrate and phosphorous resulting in low dissolved oxygen levels in waterbodies and can lead to hypoxic conditions under certain environmental conditions. Hypoxia results from planktonic algae blooms feeding on nutrients. The algae die and settle to the bottom of the water body and decay, using dissolved oxygen in the process. The oxygen levels frequently fall below the levels necessary to sustain life and results in fish and shellfish die offs. Correspondingly, the planktonic algae in high densities are toxic to shellfish and finfish. Background concentration of nitrogen in groundwater ranges between 5.47 and 5.58 mg/L according to the 2014 Suffolk County Water Authority Water Quality Report. The goal is to maintain nitrogen levels within groundwater below the maximum contaminant level (MCL) of l0mg/L as set by the Suffolk County Department of Health Services. The cumulative, long term impacts from on-site sanitary systems town-wide pose a risk to groundwater and surface water quality. New technology in sanitary waste treatment has shown that the level of nitrates can be reduced through treatment using an I/A OWTS. To prevent nitrogen loading to groundwater and ultimately surface waters, the Planning Board is requiring I/A OWTS on each residential lot, therefore, adverse impacts are expected to be low. SEQR Page 16 May 6, 2019 Correspondingly, adverse impacts to Long Island Sound from storm water are also expected to be low with the requirement of a SWPPP. Impact on Groundwater The Suffolk County Department of Health Services commented on the proposed subdivision indicating they have no objection to the Planning Board assuming Lead Agency and that Article VI of the Suffolk County Sanitary Code applies. The applicant has been repeatedly advised that submission of proof of potable water is strongly recommended during the design of the subdivision, however, no documentation has been provided to date. The parcel is located within Suffolk County Department of Health Services Groundwater Management Zone IV (GMZ IV) and not located within the boundaries of the Central Suffolk or Town of Southold Special Groundwater Protection Areas (NYSDEC Critical Environmental Areas Maps #2 and#3). However, it should be noted that the Special Groundwater Protection Area northern limit is Oregon Road and the area abuts the parcel. Test holes performed by McDonald Geoscience indicate that groundwater was not encountered at 17' below grade. Although not identified as moderate to large in scale, the construction of 8 single family residences and accessory buildings have been identified as capable of contributing to cumulative, long term decline to groundwater quantity and quality. Groundwater Quantity The parcel is not served by public water and new private wells approved by the Suffolk County Department of Health will be required to provide potable water. The freshwater lens underlying the property is expected to be shallow and saltwater intrusion through upconing in the future could occur. Upconing occurs when a well pumps water to the surface from a single point in the freshwater lens. The saline water beneath the well is affected and pulled upward towards the well. The saltwater interface or the elevation above mean sea level where the freshwater and saltwater meet; has not been provided and is currently unknown. Above the interface mark, a freshwater lens is available to provide potable water; the threat from saltwater intrusion in private wells is high if overuse occurs. Expected annual water consumption for the 8 single family residences is 2400 gallons per day(gpd). Irrigation estimates have been requested however, the applicant has indicated that the gpm of irrigation is unknown because the surface area to be irrigated is unknown. Traditionally, around 40 percent or 960 gpd of the 2400 gpd is expected to be lost to irrigation with anticipated recharge loss to the aquifer. Regardless of the amount of irrigation required, the use of potable water to irrigate turf and landscaped areas poses a great risk to sustainability of the groundwater resources in the Town as a whole. Based upon (his threat,water conservation measures including the installation of low flow wells with a-maximum 10 gallons per minute (gpm) flow rate are required by the Planning Board in areas served by private wells. Multiple wells are also SEQR Paae 17 May 6, 2019 recommended to meet the new water demand rather than a single well to minimize upconing. Wells should be spaced evenly and as far from the edge of the shore as possible to minimize saltwater intrusion. Other existing private water wells in the vicinity of the site will be accounted for in the design process. The SCDHS will require that additional test wells be conducted (one per lot) to confirm that the water well installation can be achieved in accordance with guidelines. Groundwater Quality As indicated above, to mitigate potential future impacts from sanitary flow including, impacts from nitrates, the applicant has agreed to install UA OWTS. To insure that the systems are installed, a condition requiring the installation will be required within the covenants and restrictions. The use of insecticide, fungicides and herbicides and the potential for the contamination of groundwater and private wells is a concern, however, it is expected that insecticide, fungicides and herbicides will not pose a significant risk to groundwater due to low mobility in the soil or restriction to the root zones of plants treated. Best Management Practices (BMP's) and Agricultural Environmental Management (AEM's)will be required. The following best management practices are required for all newly created residential lots to further policies 5.2, 5.3, 5.4 and 5.5 of the Local Waterfront Revitalization Program and protect groundwater. a. Require the use of native, drought-tolerant plants in landscaping. b. Require only the use of organic fertilizers where the water-soluble nitrogen is no more than 20% of the total nitrogen in the mixture. c. Require a maximum of 1 lb. of nitrogen per 1000 square feet in any one application, with a cumulative application of no more than 2 lbs. per 1,000 square feet per year. d. Prohibit the application of fertilizer products containing nitrogen,phosphorus, or potassium between November 1St and April 1 Sc e. The use of phosphorous containing lawn fertilizer is prohibited unless establishing a new lawn or soil test shows that the lawn does not have enough phosphorus. Fertilizer labels have three bold numbers. The number in the middle is the percentage of phosphorus in the product, e.g. 22-0-15. Use of products with 0.67 in the middle or lower is not restricted. Products with a number higher than 0.67 may only be used if a new lawn is being established or a soil test indicates it is necessary. Moderate to large adverse impacts to groundwater quantity and quantity are not expected. SEQR Page 18 May 6, 2019 4. Impact on Flooding The proposed development is not located within a floodway or FEMA mapped flood zone. Flooding will occur on the beach during storm events threatening the stability of the bluff and beach access structures. The threat of the current and potential high rate of active bluff erosion will be noticed to landowners in the Covenants and Restrictions. No moderate to large adverse impacts on flooding are expected to result from the action. 5. Impacts on Air Air pollution can harm human health, and damage elements of the ecosystem. Exposure to air pollution is associated with numerous effects on human health, including pulmonary, cardiac, vascular, and neurological impairments. The proposed uses are residential and agricultural. Fugitive dust from agricultural practices is expected to adversely impact occupants of the single family residences in the future. Vegetative J screening within a buffer on lots 4 and 10 that included trees was recommended to mitigate fugitive dust; however,the applicant has opted to request low growing vegetation to maintain the view shed. Fugitive dust episodes are expected to be short in duration during planting season and crop rotations. Article XXI. Farmland Bill of Rights § 280-97. Right to Farm of the Southold Town Code apples to this proposed subdivision. No moderate to large adverse impacts to air quality are expected to result from the action. 6. Impacts on Plants and Animals The NYSDEC Environmental Resource Mapper was referenced to determine if the parcel was mapped within an area identified containing protected species. The parcel is not located within a specified area. Most vegetation on the parcel has been cleared except for the area with poorer quality soils adjacent to the bluff system. Based on the vegetation composition of cat briar, cherry and locust trees in this area,there is evidence that the area has been previously cleared. Currently a sod farm is located on Lot 2 and a vineyard is located on Lot 3. Successional vegetation occurs on Lots 6, 7 and 8 and parts of lot 5. Lots 4, 9, and 10 are proposed within; or near the actively farmed areas and contain little to no vegetation. Pursuant to § 240-49. Clearing of the Southold Town Code, clearing on lots 6, 7 and 8 is limited to 20 percent of the total lot area. The non-disturbance buffer and vegetated buffer located landward of the top of bluff is currently vegetated and will account for meeting the minimum clearing limit regulations. Activities within the non-disturbance buffer will be limited to the following: 1. Prohibited Activities a. Removal of vegetation except for vegetation that is hazardous to life and property. SEAR Page 19 May 6, 2019 b. Grading. Grading should be limited to emergency repairs, stabilizing soils and prevent run-off from running down the bluff/swale and causing additional erosion. c. Erecting a fence. d. Dumping of materials. 2. Permitted Activities a. Trimming tree limbs up to a height of 15' to maintain view sheds. b. Supplemental planting of native, vegetation to achieve soil stabilization. c. Establishing 10' wide beach accesses with 4' wide paths constructed of pervious material. Activities within vegetated buffer will be limited to the following: 1. Prohibited Activities a. Removal of trees equal to or greater than or equal to 6" Diameter Breast Height(DBH). b. Establishing native vegetation dependent upon irrigation. c. Dumping of materials. d. Erecting a fence. 2. Permitted Activities a. Removal of vegetation hazardous to life and property. b. Removal of understory vegetation. c. Trimming tree limbs up to a height of 15' to maintain view sheds. d. Supplemental planting of native, vegetation to achieve soil stabilization. e. Establishing 10' wide beach accesses with 4' wide paths constructed of pervious material. Lots 4, 9 and 10 are presently cleared and actively farmed. The Planning Board is requiring a 50' wide landscaped buffer on the south boundary of the lots 4 and 10. There is little to no existing vegetation on Lots 5 and 9 and clearing limits are not being required. Animals on site are expected to be species indicative of and adapted to residential type settings and habitats (Deer, raccoon,possum, avian spp. etc.). The construction of structures on the lots will not reinovo high-quality woodland habitat, however, animals will be displaced in cleared areas. It is expected that the animals will relocate. SEQR Page 1 10 May 6, 2019 Due to the existing conditions, required buffers and clearing limits, moderate to large adverse impacts to plants and animals are not expected. 7. Impact on Agricultural Resources The parcel is located in Agricultural District Suffolk 01 and the proposed action will irreversibly convert agricultural land to non-agricultural uses. The proposed action will adversely impact soil classified within Soil Groups 1 through 4 of the NYS Land Classification System. The NY Department of Agriculture and Markets has created a Land Classification System based on soils that are used in the Agricultural Assessment Program pursuant to Article 25-AA of the Agriculture and Markets Law. Soil Groups can be identified at the NYS Agriculture and Markets Soil Group Numbers page: http://agriculture.ny.gov/AP/agservices/soils/2014/suffl 4.pdf On site soils are predominately comprised of: Soil Type Status Haven loam 0-2%, Prime Farmland Riverhead sandy loam 3-8% Prime Farmland Plymouth loamy sand 3-8% Farmland of Statewide Significance Plymouth loamy sand 8 -15% Farmland of Statewide Significance Towards the bluff, the soils classification changes to reflect slopes that range from 3 to 15 percent(excluding the bluff itself). All lots are located on Prime Farmland or Farmland of Statewide Significance(ArcMap). The area where the road is proposed is comprised of Haven loam and Riverhead sandy loam; both Prime Farmland Soils and Plymouth loamy sand, designated as Farmland of Statewide Significance by the United States Department of Agriculture. The conversion of agricultural lands/soils into a right of way/road and residential lots that creates a non- farmable section of land sloes not fully support Town goals. Lot 1 in the southeast of the parcel contains prime farmland soils and includes a small area of crop (sod). The area is improved with a concrete building and is used as the base of operations for the farm. Similarly, lots 4 and 10 and a portion of lot 9 include active agriculture (vineyard or sod) and Riverhead sandy loam and Plymouth loamy sand soils, both listed as agricultural soils. When developed, the agricultural soils will be permanently lost through the conversion of agricultural lands and soils into residential use. It must be recognized however, that the preservation of 60.38 acres or 75% of the buildable lands on the parcel and agricultural soils through the sale of development rights preserves the dominant agricultural use of the property and achieves a balance of SEAR Page 111 May 6, 2019 development on the parcel. Based on the acreage of agricultural soils proposed to be preserved, moderate to large adverse impacts are expected to be low. Similarity, the proposal meets the goals of the Southold Town Farm and Farmland Protection Strategy (2000) and Community Preservation Project Plan(2016 update). Article XXI, Farmland Bill of Rights § 280-97, Right to Farm of the Southold Town Code, applies to this proposed subdivision. No moderate to large adverse impacts to agricultural resources are expected to result from the action. 8. Impacts on Aesthetic Resources Oregon Road has been recognized as an area of high scenic quality that is important to the community and Town of Southold. The parcel contains sweeping, unobstructed views to the northwest from Oregon Road. It is anticipated that large residential and accessory structures will be constructed on each lot. Lots 4, 5, 9 and 10 extend into and abut agricultural lands (soils). The Planning Board is requiring a 50' wide vegetated buffer along the southern property boundaries of lots 4 and 10 to mitigate the mass of future structures and provide a separation of the residential and agricultural uses. The purchase of development rights on 60.38 acres as open space further preserves the scenic components of the parcels together with the reduction in yield from 43 lots (Standard Subdivision) to 8 residential lots under the Conservation Subdivision program. Further,the right of way has been reduced from 50' wide to 30' to preserve agricultural soils within this important agricultural area. Street trees and lights will not be required to be installed to protect the farming operations and preserve the night sky. Adverse impacts to aesthetic resources are expected to be low. 9. Impacts on Archeological Resources The action is not located within an archeologically sensitive area. Correspondingly, the parcel is not SPLIA listed(ArcMap). The applicant has been advised to contact the New York State Cultural Resource Information System(CRIS). Results have not been provided. Adverse impacts to archeological resources are expected to be low. 10. Impact on Open Space and Recreation The site does not currently offer public recreational opportunities. Future recreational opportunities could be achieved, however, due to location; the likelihood of the land area being converted for recreational use is low. 11. Impact on Critical Environmental Areas The site is not located within a Critical Environmental Area. SEOR Page 112 May 6, 2019 12. Impact on Transportation The parcel fronts Oregon Road, a collector street. Line of site is good in both directions due to the road alignment. The road is frequently travelled by slow moving agricultural vehicles and equipment accessing farms that line the roadway. Lots 4 through 10 will be accessed by a private road from Oregon Road ending in a cull-de sac. Lots 1, 2, and 3 will be accessed directly from Oregon Road. The total number of calculated vehicle trips for the potential 8 single family residences is 48 daily trips with 5 PM peak daily trips (8th ITE Trip Generation Report). Sidewalks are not located near the site nor will they be required due to the rural nature of the road. The expected impacts from transportation/traffic as a result of this action are expected to be low. 13. Impact on Energy The impact on energy use is expected to be low. 14. Impact on Noise, Odor, and Light Noise is expected to increase in the area for the period of construction(clearing and grading) of the road and lots, it will temporary and short term in duration. Odors resulting from residential development are not expected. One street light was recommended at the terminus of the cul-de-sac. The Planning Board has agreed to waive the street lights and allow low profile driveway lights. All exterior lighting will be required to comply with Chapter 172 Lighting Outdoor of the Southold Town Code. No moderate to large adverse impacts on noise, odor, and light are expected to result from the action. 15. Impact on Human health Storm water and fugitive dust will be controlled pursuant to a filed SWPPP. The buildable area of the lots is located outside of the FEMA mapped flood zone. See discussion on the protection of groundwater and surface water quality above. No moderate to large adverse impacts on human health are expected to result from the action. 16. Consistency with Community Plans The parcel is split zoned, with R-80 located in the north near the bluff and A-C on the remainder area. The purpose of the zoning-district is as follows: SEQR Page 1 13 May 6, 2019 The purpose of the Agricultural-Conservation (A-C) District and the Low-Density Residential R-80, R-120, R-200 and R-400 Districts is to reasonably control and, to the extent possible, prevent the unnecessary loss of those currently open lands within the Town containing large and contiguous areas of prime agricultural soils which are the basis for a significant portion of the Town's economy and those areas with sensitive environmental features, including aquifer recharge areas and bluffs. In addition, these areas provide the open rural environment so highly valued by year-round residents and those persons who support the Town of Southold's recreation, resort and second-home economy. The economic, social and aesthetic benefits which can be obtained for all citizens by limiting loss of such areas are well documented and have inspired a host of governmental programs designed, with varying degrees of success, to achieve this result. For its part, the Town is expending large sums of money to protect existing farm acreage. At the same time, the Town has an obligation to exercise its authority to reasonably regulate the subdivision and development of this land to further the same purposes while honoring the legitimate interests of farmers and other farmland owners. The proposed residential agricultural uses are not in significant conflict with the purpose of the zoning district. A one family detached dwelling (single family residences) is a permitted use and mitigation to sensitive environmental features, farmland and the aesthetic character of the Town has been achieved through clustering and design of the subdivision. The action complies with Chapter 240 Subdivision of Land of the Southold Town Code and is not in significant conflict with the Southold Town Farm and Farmland Protection Strategy (2000) and Community Preservation Project Plan(2016 update). On February 14, 2018 a Town of Southold LWRP Coastal Consistency Review was conducted for the proposed subdivision and it was recommended that the proposed action be found"consistent" with the Town of Southold LWRP. Although the proposed action does not fully meet the policies of the Local Waterfront Revitalization Program due to the conversion of agricultural soils to residential use, the action includes sufficient mitigation to further the policies. The majority of the area in agriculture contains prime agricultural soils and will be preserved through the sale of development rights. Development of the residential structures is proposed to be located (clustered) in the north of the parcel with appropriate buffers to protect the Long Island Sound bluff. The buffers support Policies 4 and 6 of the LWRP. The action is not significantly inconsistent with adopted community plans. 17. Consistency with Community Character The subdivision of 8 residential lots and 2 agriculture preserved lots is consistent with the development pattern and community character of the area. The adjacent parcels to the east and west are similarly zoned and developed. The proposed action is located in the Mattituck/Cutchogue School District, Cutchogue Fire District and Southold Police jurisdictional area. The Cutchogue Fire Department commented on the proposed subdivision requiring a 26' wide load bearing surface capable for supporting 75,OOOlbs and a 500 gpm fire well for fire safety. The action will SEQR Page 1 14 May 6, 2019 create a demand for police and fire services; however, the adverse impacts to the existing systems are expected to be episodic and low. Public Schools are not expected to be significantly impacted. To further protect the character, the Planning Board waived street lighting requirements to preserve the night sky. Moderate to large adverse impacts on community character are not expected to result from the action. For Further Information: Contact Person: Mark Terry,Assistant Town Planning Director Address: P.O. Box 1179, 5309 State Road 25, Southold,New York 11971 Telephone Number: 631-765-1938 A copy of this notice must be sent to: Southold Town Clerk for Southold Town Board Scott Russell, Southold Town Supervisor Southold Town Board of Trustees NYSDEC - Stony Brook Suffolk County Department of Health Services Suffolk County Water Authority Agency Use Only [IfApplicable] Project• Bing Conservation Subdivision Date. May 6,2019 Full Environmental Assessment Form Part 3-Evaluation of the Magnitude.and Importance of Project Impacts and Determination of Significance Part 3 provides the reasons in support of the determination of significance. The lead agency must complete Part 3 for every question in Part 2 where the impact has been identified as potentially moderate to large or where there is a need to explain why a particular element of the proposed action will not,or may,result in a significant adverse environmental impact. Based on the analysis in Part 3,the lead agency must decide whether to require an environmental impact statement to further assess the proposed action or whether available information is sufficient for the lead agency to conclude that the proposed action will not have a significant adverse environmental impact. By completing the certification on the next page,the lead agency can complete its determination of significance. Reasons Supporting This Determination: To complete this section: • Identify the impact based on the Part 2 responses and describe its magnitude. Magnitude considers factors such as severity, size or extent of an impact. • Assess the importance of the impact. Importance relates to the geographic scope,duration,probability of the impact occurring,number of people affected by the impact and any additional environmental consequences if the impact were to occur. • The assessment should take into consideration any design element or project changes. • Repeat this process for each Part 2 question where the impact has been identified as potentially moderate to large or where there is a need to explain why a particular element of the proposed action will not,or may,result in a significant adverse environmental impact. • Provide the reason(s)why the impact may,or will not,result in a significant adverse environmental impact • For Conditional Negative Declarations identify the specific condition(s)imposed that will modify the proposed action so that no significant adverse environmental impacts will result. • Attach additional sheets,as needed. Determination of Significance-Type I and Unlisted Actions SEQR Status: ❑ Type 1 ❑✓ Unlisted Identify portions of EAF completed for this Project: ✓❑Part 1 ©Part 2 ❑✓ Part 3 Upon review of the information recorded on this EAF,as noted,plus this additional support information Environmental Assessment Report prepared by Planning Board dated May 6 2019 and considering both the magnitude and importance of each identified potential impact, it is the conclusion of the as lead agency that: ❑✓ A. This project will result in no significant adverse impacts on the environment,and,therefore,an environmental impact statement need not be prepared. Accordingly,this negative declaration is issued. ❑ B. Although this project could have a significant adverse impact on the environment,that impact will be avoided or substantially mitigated because of the following conditions which will be required by the lead agency: There will,therefore,be no significant adverse impacts from the project as conditioned,and,therefore,this conditioned negative declaration is issued. A conditioned negative declaration may be used only for UNLISTED actions(see 6 NYCRR 617.d). ❑ C. This Project may result in one or more significant adverse impacts on the environment,and an environmental impact statement must be prepared to further assess the impact(s)and possible mitigation and to explore alternatives to avoid or reduce those impacts. Accordingly,this positive declaration is issued. Name of Action: Bing Conservation Subdivision Name of Lead Agency: Town of Southold Planning Board Name of Responsible Officer in Lead Agency: Donald Wilcenski,Chairman Title of Responsible Officer: Same Signature of Responsible Officer in Lead Agency: Date: May 6,2019 Signature of Preparer(if different from Responsible Officer) Date: May 6,2019 For Further Information: Contact Person: Mark Terry,Assistant Town Planning Director Address: P O Box 1179,53095 Main Road,Southold,NY 11971 Telephone Number:631-765-1938 E-mail: Mark Terry@town southold ny us For Type 1 Actions and Conditioned Negative Declarations,a copy of this Notice is sent to: Chief Executive Officer of the political subdivision in which the action will be principally located(e.g.,Town/City/Village of) Other involved agencies(if any) Applicant(if any) Environmental Notice Bulletin: http.//www.dec.ny.gov/enb/enb.html PRINT FULL FORM Page 2 of 2 l OFFICE LOCATION: MAILING ADDRESS: Town Hall Annex �QF so�Ty P.O. Box 1179 54375 State Route 25 �0� Ol0 Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) Southold, NY Telephone: 631 765-1938 www.southoldtownny.gov �yCOUNT`I,� PLANNING BOARD OFFICE TOWN OF SOUTHOLD May 7, 2019 Michael Kimack P.O. Box 1047 Southold, NY 11971 Re: Duffy Standard Subdivision - Conditional Preliminary Plat Approval Located at 3360 Wunneweta Road, Cutchogue SCTM#1000-111-11.-26.1 Zoning District: R-40 Dear Mr. Kimack: The Southold Town Planning Board adopted the following resolutions at a meeting held on Monday, May 6, 2019: 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, on the northwest side 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 May 7, 2018, the applicant submitted a Yield Plan compliant with the minimum requirements of subdivision set forth in §240-B Yield Plan; and WHEREAS, on May 23, 2018, at their Work Session, the Planning Board found the Sketch Plan application complete upon submittal of a revised Sketch Plan; and WHEREAS, on June 11, 2018, the revised Sketch Plan was submitted and the application was found complete; and WHEREAS, on July 9, 2018, the Planning Board granted a Conditional Sketch Plan _Appr_ovalupon-the_application;.and_._.__ WHEREAS, on October 26, 2018, the applicant submitted a Preliminary Plat application and fee; and Duffy Standard Subdivision Page 12 May 7, 2019 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 at their Public Meeting; and WHEREAS, on November 5, 2019, the Planning Board classified the proposed action as an Unlisted Action under SEQRA; and WHEREAS, on November 6, 2018, the agent for the applicant requested that the hearing be postponed from December 3, 2019 to a later date due to a conflict; and WHEREAS, on December 3, 2018, the Planning Board re-set the Public Hearing for January 14, 2019, as requested by the agent; and WHEREAS, on December 11, 2018, the Preliminary Plat application was referred to applicable agencies for comment and to coordinate SEQRA; and WHEREAS, on January 4, 2019, the Town of Southold Local Waterfront Revitalization Program (LWRP) Coordinator reviewed this application, and recommended the proposed project be found consistent with the policies of the Southold Town LWRP; 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 March 11, 2019, at their work session, the Planning Board 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 WHEREAS, on March 11, 2019, at their work session, the Planning Board reviewed the Public Hearing comments and the comments returned from the applicable and involved agencies in which the application was referred to for comment, and all applicable comments were incorporated into the application to the satisfaction of the Planning Board; and WHEREAS, on March 11, 2019, at their Public Meeting, 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 April 8, 2019, the Planning Board reviewed the Preliminary Plat appli6ation-and found that itis in compliance with the requirements of-§240 Subdivision of land, of the Town Code; therefore be it Duffy Standard Subdivision Page 13 May 7, 2019 RESOLVED, that the Southold Town Planning Board has determined that this proposed action is consistent with the policies of the Town of Southold LWRP; and be it further RESOLVED, that the Southold Town Planning Board grants a Conditional Preliminary Plat Approval upon the map entitled "Preliminary Plat for Duffy at Nassau Point," prepared by Kenneth M. Woychuk, Land Surveyor, dated August 1, 2015, last revised October 26, 2018, with the following conditions; 1. Approval by the Suffolk County Department of Health Services (SCDHS) will be required prior to Final Plat Approval, and must include approval of the use of innovative/alternative wastewater treatment systems (I/AOWTS), as permitted under Suffolk County's Article 19; 2. Determine whether or not a DEC SWPPP is required. A written analysis from the applicant's engineer must be submitted to the Planning Department for review by the Town Engineer; 3. Submit a Final Plat application with a Final Plat entitled "Final Plat for Duffy Standard Subdivision, inclusive of the following: a. Reduce the building envelope on Lot 1 to coincide with the southernmost line of the clearing limits to avoid the steep slopes; - b. Label all proposed buffers, clearing limits, and building envelopes on the Final Plat; c. Place all clearing limit calculations and percentages in a table; d. Remove proposed dwelling illustrations on Lots 1 and 2; e. Remove topographical lines; f. Provide notations on the plat for markers to be placed at the edge of the buffer areas and for concrete monuments to identify the proposed lot lines pursuant to §240-41 Technical Requirements. Installation of monuments will be required prior to Final Plat Approval in this case due to a performance guarantee,not being required. 4. Fulfill the street tree requirement pursuant to §240-49 Clearing to the satisfaction of the Planning Board. 5. A Park & Playground fee of$7,000, pursuant to §240-53 G of the Southold Town Code, will be required to be submitted as a condition of Conditional Final Plat approval prior to Final Plat Approval; 6. An Administration Fee in the amount of$4,000 pursuant to Southold Town Code §240-37 Administration fee will be required to be submitted as a condition of Conditional Final Plat approval prior to Final Plat Approval; Duffy Standard Subdivision Page 14 May 7, 2019 7. Covenants and restrictions are required to be filed with the Suffolk County Clerk's Office. A draft template of the covenants and restrictions will be provided by the Planning Department, and reviewed and approved by the Planning Board during the Final Plat Application review process. The covenants will be required to be provided as notes as a condition of Conditional Final Plat Approval. The next step to continue towards Final Plat Approval is to meet all conditions stated above, and the submission of a Final Plat Application and Fee. Note additional changes to the Final Plat and/or documents may be required by the Planning Board. Preliminary Plat Approval shall expire six months from the date the Planning Board adopted its resolution of approval unless extended by further resolution of the Planning Board, such extension not to exceed a total of 180 days. In the event that the applicant shall fail to apply for approval of a Final Subdivision Plat prior to expiration of the Preliminary Plat Approval, all documents required by this section shall be re-submitted and a second Preliminary Plat Fee shall be paid before any application for Final Plat Approval shall be accepted or processed. If you have any questions regarding the information contained in this resolution, please contact the Planning Board Office. Respectfully, Donald J. Wilcenski Chairman OFFICE LOCATION: MAILING ADDRESS: Town Hall Annex O��QF SQUryP.O. Box 1179 54375 State Route 25 �l Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) '` Southold,NY � � � Telephone: 631 765-1938 www.southoldtownny.gov �y00UNTV PLANNING BOARD OFFICE TOWN OF SOUTHOLD May 7, 2019 Peter Danowski, Esq. 616 Roanoke Ave. Riverhead, NY 119,01 Re: Conditional Final Approval - Brantuk & Pearson Resubdivision Located at 44632 &44332 Route 25 in Peconic SCTM#1000-86.-03-3.1 & 75.-6-7.2 Zoning District: AC Dear Mr. Danowski: The Southold Town Planning Board adopted the following resolutions at a meeting held on Monday, May 6, 2019: WHEREAS, this proposal is for the resubdivision of SCTM#1000-86.-3-31 & 1000-75.-6- 7.2, where 0.27 acres is proposed for transfer from Lot 1 (86.-6-31) to Lot 2 (75.-6-7.2); and WHEREAS, Lot 1 will decrease in size from 5.23 acres to 4.96 acres and Lot 2 increased from 5.30 acres to 5.57 acres in the AC Zoning District; and WHEREAS, this property is located at the end of the private r.o.w. beginning at S.R. 25 +/- 930' east of Wells Avenue, in Peconic; and WHEREAS, this resubdivision proposes to eliminate the portion of the right of way to Richmond Creek located on Lot 1; and WHEREAS, the 50' right of way was originally created for the minor subdivision for Mohring Enterprises 11 approved by the Planning Board on May 10, 1985; and Brantuk & Pearson Resubdivision Page 12 May 7, 2019 WHEREAS, as a result of this resubdivision, the existing property line of Lot 2 will be extended as a flag to incorporate a 25' wide section of the former 50' right of way currently located on Lot 1 that extends to Richmond Creek; and WHEREAS, where the right of way meets Richmond Creek, there is a "turn-around" area of 100' x 120', of which 40' x 80' will be included in Lot 2, and the remainder of the section of the right of way to Richmond Creek located on Lot 1 will be extinguished; and WHEREAS, on April 27, 2011, the applicant submitted a resubdivision application and fee; and WHEREAS, on June 10, 2011, the Planning Board found the resubdivision application complete; and WHEREAS, on July 13, 2011, the application was referred to all involved and interested agencies; and WHEREAS, at their Public Meeting, the Planning Board set the Public Hearing for the application to be held on August 8, 2011; and WHEREAS, on July 25, 2011, the Planning Board asked for additional materials and required the applicant file a covenant that would require the restriction of a dock on Lot 1, as this lot line change would create the ability for the non-waterfront lots to create a dock, and an additional dock on Lot 1, which was not permitted in the original subdivision due to the configuration of the lots and the right of way to the water; and WHEREAS, on August 8, 2011, the Public Hearing was held and closed upon the application; and WHEREAS, the applicant did not submit the materials required by the Planning Board from July 25, 2011 and the application became inactive; and WHEREAS, on July 1, 2013, the application was re-activated by request of the applicant and the Planning Board required revised draft deeds; and WHEREAS, on September 23, 2013, at their work session, the Planning Board expressed that they would deny the application if the applicant does not agree to a covenant preventing a dock on Lot 1 due to environmental concerns; and WHEREAS, the applicant did not submit the materials required by the Planning Board and the application became inactive; and WHEREAS, on September 3, 2014, the applicant sent a letter requesting that the application be re-activated; and Brantuk & Pearson Resubdivision Page 13 May 7, 2019 WHEREAS, on September 12, 2014, the Planning Board responded to the applicant and reiterated the findings of the September 23rd work session; and WHEREAS, on October 1, 2014, the Planning Board sent a letter to inform the applicant that the resubdivision application had expired and that a new application would be required to be submitted; and WHEREAS, on September 18, 2017, the application was permitted to be re-activated without the submission of a new application; and WHEREAS, on October 30, 2017, at their work session, the Planning Board agreed to classify this action as an Unlisted Action under SEQRA and required revisions to the draft deed and the re-subdivision map; and WHEREAS, on December 4, 2017, the Planning Board sent the applicant a complete list of required corrections to the map and draft deed, as required at the October 30, 2017 work session, and provided the applicant with a draft covenant and restrictions; and WHEREAS, on December 28, 2017, the applicant submitted a revised plan; and WHEREAS, on January 11, 2018, the application was referred to the Suffolk County Planning Commission for comment; and WHEREAS, on January 24, 2018, the Suffolk County Planning Commission responded without comment; and WHEREAS, on May 18, 2018, the applicant submitted a revised draft deed and draft covenant and restriction to the Planning Department; and WHEREAS, on June 4, 2018, the Planning Board reviewed the application and required a Schedule A be submitted for the draft covenants and restriction; and WHEREAS, on July 9, 2018, the Planning Board required corrections to the plan and required a Schedule F be submitted for the extinguished part of the right-of-way; and WHEREAS, on April 3, 2019, the applicant submitted an termination agreement for the part of the right of way to be extinguished, all required schedules, and revised draft deeds; 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 Brantuk & Pearson Resubdivision Page 14 May 7, 2019 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, pursuant to 617.5(c)(16), changes in SEQRA law effective as of January 1, 2019, lot line modifications are now classified as Type II actions; 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 April 22, 2019, the Planning Board review the application and determined that the proposed action meets all the necessary requirements of Town Code §240-57 for a resubdivision; and WHEREAS, pursuant to State Environmental Quality Review Act (SEQRA) 6 NYCRR, Part 617.5(c)(16) the granting of individual lot line adjustments are listed as a Type II Action; be it therefore RESOLVED, that the Southold Town Planning Board has determined that this proposed action is a Type II Action under SEQRA as described above; and be it further 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; and be it further RESOLVED, that the Southold Town Planning Board hereby waives the requirement to receive approval from the Suffolk County Department of Health Services prior to approval of this re-subdivision by the Southold Town Planning Board; and be it further RESOLVED, that the Southold Town Planning Board grants a Conditional Final Approval on the map entitled "Joseph Brantuk & Nancy C. Pearson," prepared by Howard W. Young, Land Surveyor, dated November 3, 2009, and last revised May 16, 2018, with one condition: 1. File the covenant and restriction in the Office of the Suffolk County Clerk. Brantuk & Pearson Resubdivision Page 15 May 7, 2019 The applicant shall have 180 days to meet the conditions. The Planning Board may extend this time for no more than two additional periods of 90 days each. Upon a finding that all conditions have been met, the Planning Board will schedule the application for a Final Determination at the next available Public Meeting. Please Note: The Southold Town Planning Board, in waiving the requirement for SCDHS approval prior to their own approval, is simply waiving a technical requirement of Final Plat Approval under the Town Code and makes no representations as to whether SCDHS approval is required. SCDHS approval of this resubdivision may be necessary to be in compliance with the Suffolk County Sanitary Code, and to be eligible for future construction or renovations. The statement below must be signed by the property owners to validate this approval resolution. I understand that Southold Town Planning Board approval of this Resubdivision does not grant, guarantee or waive an approval, if required, from the Suffolk County Department of Health Services (SCDHS). I understand that I will need to apply separately to the SCDHS for any applicable approvals. Signature of(Property Owner 1) Print Name Signature of(Property Owner 2) Print Name If you have any questions regarding the above, please contact this office at 765-1938. Respectfully, Donald J. Wilcenski Chairman OFFICE LOCATION: MAILING ADDRESS: Town Hall Annex �QF 50(�jy P.O. Box 1179 54375 State Route 25 ��� Ol0 Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) Southold, NY Telephone: 631 765-1938 www.s outholdt ownny.gov COUN PLANNING BOARD OFFICE TOWN OF SOUTHOLD May 7, 2019 Karen Hoeg, Esq. Twomey, Latham, Shea, Kelley, Dubin & Quartaro, LLP P.O. Box 9398 Riverhead, NY 11901 SEAR Determination - Site Plan for Captain Red's Marine Sales 9605 NYS Route 25, ±200' s/w/o Factory Avenue & NYS Route 25, Mattituck SCTM#1000-122.-6-12 Zoning District (split): B & R-40 Dear Ms. Hoeg: The following resolutions were adopted at a meeting of the Southold Town Planning Board on Monday, May 6, 2019: 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; and WHEREAS, the 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); be it therefore -- - RE-SOL-V-E-D;that the-Southold Town_-Rlanning_Board-hereby-declares..Lead-Agency_ status for the SEQRA review of this Unlisted Action; and be it further Capt. Red's Marine Sales— May 7, 2019 - Page Two RESOLVED, that the Southold Town Planning Board, as Lead Agency pursuant to SEQRA, hereby makes a determination of non-significance for the proposed action and grants a Negative Declaration. Enclosed is a copy of the Negative Declaration for your records. If you have any questions regarding the information contained in this resolution, please contact the Planning Board Office. - Respectfully, Donald J. Wilcenski Chairman Encls. OFFICE LOCATION: MAILING ADDRESS: Town Hall AnnexP.O. Box 1179 54375 State Route 25 D��oE S�UryOl Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) Southold, NY J�6 �[ Telephone: 631 765-1938 www.southoldtownny.gov • yo PLANNING BOARD OFFICE TOWN OF SOUTHOLD State Environmental Quality Review NEGATIVE DECLARATION Site Plan for Captain Red's Marine Sales Inc. Project Number: SCTM#1000-122-6-12 Date: May 6,2019 The Town of Southold Planning Board as lead agency has determined that the proposed action described below will not have a significant adverse impact on the environment. This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Conservation Law. Name of Action: Captain Red's Marine Sales Inc. Location: 9605 Route 25,Mattituck,NY 11952 SEQR Status: Type 1 Unlisted X Scoping: No X Yes_ If yes, indicate how scoping will be conducted: Description of Action: 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. SEQR Environmental Assessment Pae 12 May6, 2019 Reasons Supporting This Determination: 1. Impact on Land The property is split zoned Residential 40 (R-40), located in the rear of the parcel and occupying .75 acres and General Business (B) located in the front area of the parcel. The proposed storage building is located within the B zoning district. Currently,the property is improved with a commercial building and accessory structures (6) used for boat display, sales, service and storage. A Special Exception use was granted by the Town of Southold Zoning Board of Appeals (ZBA) (#4681) to display, store, sell and service boats on the parcel. The entire area of the parcel is now occupied by these uses and does not contain slopes or physical land features that would limit buildability or be impacted from it. The ZBA granted a determination(File#7014) in April of 2017 providing relief of the front yard setback of 95' (building was subsequently moved back to 170') for the 3,680 sq. ft. metal storage building and approval for off-street parking as an accessory use. In addition, the ZBA granted alternative relief of a 15' side yard setback for the storage building subject to the following conditions. 1) Site plan approval from the Southold Town Planning Board must be obtained. Failure to do so will void the relief and approval granted herein. 2) The six (6) storage sheds on the property must be removed prior to the issuance of a building permit. 3) Approval for off-street parking for boat and trailer storage as an accessory to the subject boat business only applies to the R40 zone on the subject lot(SCTM 1000- 122-6-12) and to no other residential properties. All boats, trailers, and other non- residential vehicles related to boat storage and/or sales by the subject business must be removed from the applicant's neighboring residential properties and from the NY State Route 25 right of way prior to the issuance of a building permit. 4) No boats or trailers may be displayed and/or stored in the front yard of the "as built" one story framed boat sales building and office, unless approved by the Planning Board during the site plan approval process. 5) The approval of off-street parking in the R40 zoned portion of the subject property is granted as an accessory only in relation to the applicant's Special Exception Permit to operate his boat business on the premises. If the applicant changes the business use or sells the business, the applicant or new property owner must apply to the Board of Appeals for a new Special Exception Permit and to the Building Department for any variance relief or approvals that may be needed. 6) The applicant must install 6 foot high solid fencing along the entire perimeter of the property's code permitted side and rear yards. 7) No storage of boats, boat trailers, vehicles or equipment shall be permitted in the easterly 15 foot side yard setback for-the proposed storage building granted herein. The 15 feet side yard setback must remain open and unobstructed at all times. SEAR Environmental Assessment Pae 13 MU 6, 2019 8) If the applicant fails to comply with any of the above stated conditions, the Board may, through a public hearing process, revoke the previously granted Special Exception Permit(ZBA file#4681). Based upon the above, adverse impacts on land are expected to be none too low. 2. Impact on Geological Features The proposed project site does not contain nor is it adjacent to any unique geologic features. 3. Impacts on Surface Water There are no surface waters within the vicinity of the parcel. The control of storm water will be achieved on-site through the installation of three (3) 8' x 5' deep drywells and Chapter 236 Stormwater Management of the Southold Town Code requirements. Based on the above the expected adverse,impacts on water quality of any water bodies within or downstream of the site are none too low. 4. Impact on Groundwater The parcel is located within the Central Suffolk or Town of Southold Special Groundwater Protection Area(NYSDEC Critical Environmental Areas Maps #2). The storage building will not be supplied with public water. The use on the property is expected to involve the handling and storage of petroleum products, paints, solvents, and cleaners etc. that are detrimental to water quality. Verifying that the applicant complies with disposal regulations and methods is recommended. No increase in the amount of sanitary wastewater over existing conditions is proposed. The expected adverse impacts to groundwater quality are low. 5. Impact on Flooding The action is not located within a floodway. Drainage will be controlled via on-site control structures pursuant to Chapter 236 Stormwater Management of the Southold Town Code regulations. Adverse impacts on flooding are expected to be none too low. 6. Impacts on Air Air pollution can harm human health, and damage elements of the ecosystem. Exposure to air pollution is associated with numerous effects on human health, including pulmonary, cardiac, vascular, and neurological impairments. SEAR Environmental Assessment Pae 14 May 6, 2019 The movement of vehicles on site is capable of causing low levels of fugitive dust on site. Fugitive dust generated from the construction of the 3,680 sq. ft. metal building is expected to be periodic and low. NYSDEC permit regulations monitor dust on a complaint driven basis. There is no indication in the record that fugitive dust has impacted the site or adjacent properties. The proposed action in itself will not result in the significant increase of fugitive dust: Adverse impacts on air as a result of this action are expected to be none to low. 7. Impacts on Plants and Animals Most vegetation on the parcel has been cleared except for grassed areas as depicted on the site plan dated January 1, 2019. A total of 35 percent of the.parcel is required to be landscaped. The amount of landscaping proposed is undetermined. Due to the intense commercial use of the parcel, the occurrence of plant and animals on site is expected to be very low and indicative of those species encountered in neighbored settings. Adverse impacts to existing plants and animals are expected to be none to low. 8. Impact on Agricultural Resources The parcel is not designated within an Agricultural District Suffolk 01. Soils on sit include a small area of Plymouth Loamy Sandy, Cut and Fill (where storage barn is proposed) and Carver and Plymouth Sands. The integrity of the soils is expected to be severely compromised though years of commercial use:The proposed action will not significantly impact soils classified within Soil Groups 1 through 4 of the NYS Land Classification System. Adverse impacts to prime agricultural soil groups on this property are expected to be none too low. 9. Impacts on Cultural/Archeological Resources The site is disturbed through commercial activities, including impact to soil layer structure. The parcel is not SPLIA listed(Society for the Preservation of Long island Antiquities). The rear parcel is located just within an identified Archeological Sensitive Area(NYS CRIS), however,the location of the storage building is not located within the area. No other designation,s were identified and no known archeological sites occur on the parcel. Expected irripacls to cultural/archeological resources are therefore, expected to be none to low. SEQR Environmental Assessment Pae 15 May 6, 2019 10. Impacts on Aesthetic Resources The site is directly visible from a scenic resource important to community or officially designated by a governmental agency (NYS Route 25 Scenic Byway). The storage building is located to the rear of an existing building on site at a distance of 170.7' from the roadway. Buildings surround the parcel in different locations. The storage building is proposed to be located 15' from the side yard and just west of an existing building on the R-40 and B split zoned parcel SCTM# 1000-122-6-9. Therefore the addition of the storage building is not significantly discordant with the current build out and aesthetics in the area. Note that the Town of Southold made approved the storage building architecture at their March 7, 2019 meeting. Adverse impacts to aesthetic resources are expected to be low. 11. Impact on Open Space and Recreation The site does not currently offer public recreational opportunities. Future recreational opportunities could be achieved,however, due to location; the likelihood of the land area being converted for recreational use is low. 12. Impact on Critical Environmental Areas The site is located within the NYSDEC Critical Environmental Area: Central Suffolk or Town of Southold Special Groundwater Protection Area(NYSDEC Critical Environmental Areas Maps#2). Adverse impacts on Critical Environmental Areas are expected to be low. 13. Impact on Transportation The proposed construction of a storage building is in support of the marina use. A single access allows the ingress and egress of vehicles onto NYS Route 25, an arterial roadway. A traffic signal is located to the east at the intersection at Factory Avenue and NYS Route 25. An increase in vehicle trip generation or patterns over existing conditions is not proposed or expected as a result of the action. A total of 9 parking spaces are required by Southold Town Code and 8 parking spaces and 1 ADA space are proposed. Parking for all vehicles, boats and trailers will be retained on site (within parcel boundaries)pursuant to Town Code regulations and ZBA decision #7014. Adverse impacts to transportation/traffic are expected to be low. SEQR Environmental Assessment Pae 16 May 6, 2019 14. Impact on Energy The construction and use of the storage building is not expected to consume large amounts of energy. Adverse impacts on energy use are expected to be low. 15. Impact on Noise, Odor, and Light Noise currently results from normal activities associated with the use on-site.Noise resulting from the construction and use of the storage building is expected to be short term in duration and periodic. Odors capable of affecting the quality of life or health of employees from the construction or operation of the proposed action are not expected. Lighting on site will comply with Chapter 172. Lighting, Outdoor in the Southold Town Code and will adversely impact adjacent properties or the night sky. Adverse impacts on noise, odor, and light are expected to be low. 16. Impact on Human Health No substantial hazard to human health is expected to occur as a result.of this proposed action. Storm-water is expected to be adequately controlled pursuant to a Chapter 236 Stormwater of the Southold Town Code The site is located outside of the FEMA mapped flood zone. Adverse,impacts to human health,are expected to be none too low. 17. Consistency with Community Plans The action is recommended as CONSISTENT with the Town of Southold Local Waterfront Revitalization Program Policies. The proposed location of the storage building as proposed did not conform the bulk schedule requirements of the General Business zoning district and a decision from the ZBA issued(see above discussion) granted relief. Adverse impacts of the proposed action on the consistency of community plans are expected to be low. 18. Consistency with Community Character The proposed storage building will be located to the rear of the existing commercial building and will not be readily apparent from NYS Route 25. The community character in this area can be described as a mix of commercial and residential uses,along Factory Avenue and NYS Route 25. The residential uses are located in clusters of parcels among 'the commercial zoned properties with no distinct-transition-from-commercial to-residential- use. SEQR Environmental Assessment Pae 7 May 6,2019 As a result of the intense use of the site and storage and sales of boats and trailers, historically the storage of merchandise spilled onto adjacent residentially zoned parcels and the NYS Route 25 right of way. This occurrence caused a deleterious effect on the surrounding character of the area and a dangerous situation to traffic safety. Parking for all vehicles, boats and trailers will be retained on site (within parcel boundaries)pursuant to Town Code regulations and ZBA decision#7014. Further conditions were placed on the use, property and the storage building to lessen adverse impacts to community character in the decision. The site contains multiple free standing and fixed signs on the building advertising services and products. It is recommended that the signage is brought into compliance with the Southold Town Code and past ZBA decisions to improve the character of the area while supporting the commercial use as condition of the site plan. The Mattituck Fire District provided a letter on March 21, 2019 providing no comment. The proposed action is not expected to create moderate to large demand for additional community services (e.g. schools, police'and fire). The proposal is not significantly inconsistent with the community character of the area. For Further Information: Contact Person: Mark Terry, AICP, Assistant Town Planning Director Address: P.O. Box 1179, 5309 State Road 25, Southold,New York 11971 Telephone Number: 631-765-1938 Agency Use Only [IfApplicablel Project Captain Red's Marine Sales Inc Date May 6,2019 Full Environmental Assessment Form Part 3-Evaluation of the Magnitude and Importance of Project Impacts and Determination of Significance Part 3 provides the reasons in support of the determination of significance. The lead agency must complete Part 3 for every question in Part 2 where the impact has been identified as potentially moderate to large or where there is a need to explain why a particular element of the proposed action will not,or may,result in a significant adverse environmental impact. Based on the analysis in Part 3,the lead agency must decide whether to require an environmental impact statement to further assess the proposed action or whether available information is sufficient for the lead agency to conclude that the proposed action will not have a significant adverse environmental impact. By completing the certification on the next page,the lead agency can complete its determination of significance. Reasons Supporting This Determination: To complete this section: • Identify the impact based on the Part 2 responses and describe its magnitude. Magnitude considers factors such as severity, size or extent of an impact. • Assess the importance of the impact. Importance relates to the geographic scope,duration,probability of the impact occurring,number of people affected by the impact and any additional environmental consequences if the impact were to occur. • The assessment should take into consideration any design element or project changes. • Repeat this process for each Part 2 question where the impact has been identified as potentially moderate to large or where there is a need to explain why a particular element of the proposed action will not,or may,result in a significant adverse environmental impact. • Provide the reason(s)why the impact may,or will not,result in a significant adverse environmental impact • For Conditional Negative Declarations identify the specific condition(s)imposed that will modify the proposed action so that no significant adverse environmental impacts will result. • Attach additional sheets,as needed. Determination of Significance - Type I and Unlisted Actions SEQR Status: ❑ Type 1 ❑✓ Unlisted Identify portions of EAF completed for this Project: ❑✓ Part I ✓❑Part 2 ❑✓ Part 3 Upon review of the information recorded on this EAF,as noted,plus this additional support information Environmental Assessment Report prepared by Planning Board dated May 6 2019 and considering both the magnitude and importance of each identified potential impact,it is the conclusion of the as lead agency that: ❑✓ A. This project will result in no significant adverse impacts on the environment,and,therefore,an environmental impact statement need not be prepared. Accordingly,this negative declaration is issued. ❑ B. Although this project could have a significant adverse impact on the environment,that impact will be avoided or substantially mitigated because of the following conditions which will be required by the lead agency: There will,therefore,be no significant adverse impacts from the project as conditioned,and,therefore,this conditioned negative declaration is issued. A conditioned negative declaration may be used only for UNLISTED actions(see 6 NYCRR 617.d). ❑ C. This Project may result in one or more significant adverse impacts on the environment,and an environmental impact statement must be prepared to further assess the impact(s)and possible mitigation and to explore alternatives to avoid or reduce those impacts Accofdingly,this positive declaration is issued. Name of Action: Captain Red's Marine Sales Inc Name of Lead Agency: Town of Southold Planning Board Name of Responsible Officer in Lead Agency: Donald Wilcenski,Chairman Title of Responsible Officer: Same Signature of Responsible Officer in Lead Agency: Date: May 6,2019 Signature of Preparer(if different from Responsible Officer) Date: May 6,2019 For Further Information: Contact Person: Mark Terry,Assistant Town Planning Director Address: P O.Box 1179,53095 Main Road,Southold,NY 11971 Telephone Number:631-765-1938 E-mail: Mark Terry@town.southold ny us For Type 1 Actions and Conditioned Negative Declarations,a copy of this Notice is sent to: Chief Executive Officer of the political subdivision in which the action will be principally located(e.g.,Town/City/Village of) Other involved agencies(if any) Applicant(if any) Environmental Notice Bulletin: http://www.dec.ny gov/enb/enb.html PRINT FULL FORM Page 2 of 2 OFFICE LOCATION: MAILING ADDRESS: Town Hall AnnexP.O. Box 1179 54375 State Route 25 O��OF S�UTyOI Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) Q Southold, NY � � Telephone: 631 765-1938 www.s outholdtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD May 7, 2019 Mr. Charles Southard Jr. 435 Bay Home Road Southold, NY 11971 Re: Extension of Approval - Site Plan for Pindar Agricultural Storage Building 37325 NYS Route 25, ±1,341' w/o Peconic Lane & Route 25, Peconic SCTM#1000-85.-2-9 Dear Mr. Southard: The following resolution was adopted at a meeting of the Southold Town Planning Board on Monday, May 6, 2019: WHEREAS, this Agricultural Site Plan is for the proposed relocation and construction of a 1-story 3,259 sq. ft. building for agricultural equipment storage and no basement, located on 70.4 acres in the AC Zoning District, where there is 7,151 sq. ft. of existing buildings; and WHEREAS, on July 1, 2013, the Planning Board granted approval with three (3) conditions to the Site Plan entitled "Relocated Steel Storage Building for Pindar Vineyards" prepared by Charles B. Southard, dated October 19, 2017; and WHEREAS, on April 4, 2019, the applicant submitted a letter requesting an Extension of Site Plan Approval and provided reasoning that the Approved Site Plan was projected to be completed by the end of 2019; and WHEREAS, at a Work Session held on May 6, 2019, the Planning Board reviewed the application and determined that the soon to be expired Site Plan was in compliance with current rules and regulations and granted an extension of one year to May 6, 2020; and Pindar Agricultural Building Page 2 May 7, 2019 RESOLVED, that the Southold Town Planning Board grants an Extension of Site Plan Approval for one (1) year from May 6, 2019 to May 6, 2020 to the Site Plan entitled "Relocated Steel Storage Building for Pindar Vineyards" prepared by Charles B. Southard, dated October 19, 2017. If you have any questions regarding the above, please contact this office. Respectfully, Donald J. Wilcenski Chairman cc: Michael Verity, Chief Building Inspector r OFFICE LOCATION: MAILING ADDRESS: Town Hall Annex - �rjf S0 P.O. Box 1179 54375 State Route 25 � y�lO Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) Southold, NY �[ l�i Telephone: 631X765-1938 www.southoldtownny.gov �yCoUNT`I PLANNING BOARD OFFICE TOWN OF SOUTHOLD May 7, 2019 Patricia Moore, Esq. 51020 Main Road Southold, NY 11971 Re: Public Hearing Bing Conservation Subdivision Located at 6795 and 7755 Oregon Road, Cutchogue, New York SCTM#1000-95-1-7.2 & 8.3 Zoning District: R-80 and A-C Dear Ms. Moore: A Public Hearing was held by the Southold Town Planning Board on Monday, May 6, 2019 regarding,the above-referenced application. The Public Hearing was closed. If you have any questions regarding the above, please contact this office. Respectfully, Donald J. Wilcenski Chairman OFFICE LOCATION: MAILING ADDRESS: Town Hall Annex �oF sorry P.O. Box 1179 54375 State Route 25 �0� Ol0 Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) Southold, NY Telephone: 631 765-1938 www.southoldtownny.gov UNTY,�c� PLANNING BOARD OFFICE TOWN OF SOUTHOLD May 7, 2019 Mr. Michael Schiano Inter-Science Research Associates, Inc. 36 Nugent Street Southampton, NY 11968 Re: Public Hearing - Hound Lane Restaurant 301 Hound Lane, Fishers Island SCTM#1000-12-1-17.1 Dear Mr. Schiano: A Public Hearing was held by the Southold Town Planning Board on Monday, May 6, 2019 regarding the above-referenced application. The Public Hearing was adjourned. If you have any questions regarding the above, please contact this office. Respectfully, REC IVED %< Donald J. Wilcenski � � s Chairman MAY 1 3 2019 a 3 ''vPm so old �'ow(5��rk