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HomeMy WebLinkAboutPBA-11/04/2019 OFFICE LOCATION: MAILING ADDRESS: Town Hall Annex ®�So P.O. Box 1179 54375 State Route 25 ®� ®� Southold, NY 11971 (cor.Main Rd. &Youngs Ave.) r ,; ' Telephone: 631765-1938 Southold, NY -;; www.southoldtownny.gov PLANNING BOARD OFFICE RECEIVED TOWN OF SOUTHOLD4**; 4 r PUBLIC MEETING N011 1 3 2019 141p, AGENDA s $hold To4'Clerk . November 4, 2019 6:00 p.m. Southold Town Meeting Hall SETTING OF THE NEXT PLANNING BOARD MEETING Board to set Monday, December 2, 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 Determinations: Colton Acres Standard Subdivision —This standard subdivision proposes to subdivide 4.24 acres into three 1.2-acre lots in the R-40 Zoning District. The property is located at +/- 275' west of Gillette Drive, East Marion. SCTM#1000-38-1-1.8 Liebert Standard Subdivision —This proposal is for the standard subdivision of a 2.43-acre vacant lot into two lots, where Lot 1 equals 54,134 sq. ft. and Lot 2 equals 54,134 sq. ft. in the R-40 Zoning District. This parcel is located at 6510 Horton Lane 100' southeast of the intersection of Jennings Road and Hortons Lane), Southold. SCTM#1000- 54.-3-14.8 SEQRA Findings: Tuthill Conservation Subdivision —This proposal is for an 80/60 Conservation Subdivision of four parcels (total area=112 acres) into 17 residential lots, with 94 acres to be preserved. The properties are located on Main Road in Orient in the R-80 and R- 200 Zoning districts. SCTM#'s 1000-17-4-16, 1000-17-6-14.2, 1000-18-3-30.3 and 1000-18-6-17.3 Southold Town Planning Board Page 12 November 4, 2019 SUBDIVISIONS Preliminary Plat Determinations: Colton Acres Standard Subdivision — SCTM#1000-38-1-1.8 Liebert Standard Subdivision — SCTM#1000- 54.-3-14.8 Conditional Final 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 Final Plat Extension: 702 Wiggins Lane_Resubdivision —This proposal is for the resubdivision of SCTM#1000-35.-4-28.36, a 13,789 sq. ft. parcel of upland, to which 6,331 sq. ft. of underwater lands of Fordham Canal were added by deed transfer. This application received a variance from the ZBA in file 7242. This parcel is located in the R-40 Zoning District, +/- 1000' southeast of the intersection of SR 25 and Wiggins Lane, Greenport. SCTM#1000-35-4-28.36 SITE PLANS - STATE ENVIRONMENTAL QUALITY REVIEW ACT SEQRA Type Classifications: Croteaux Farm Vineyards & Winery—This site plan is for an existing winery including ±4,833 sq. ft. of existing winery buildings, a 3,900 sq. ft. residence, 800 sq. ft. garage and 75 parking stalls pursuant to a stipulation of settlement. The winery includes two parcels totaling 14.06 acres of which 10.61 acres are planted with grapes in the A-C Zoning District. The property is located at 1450 South Harbor Road, Southold. SCTM#1000-75.-7-1.4 Oregon Storage Warehouses —This site plan is for the proposed construction of a ±69,360 sq. ft. self-storage facility, and includes the construction of six (6) storage buildings: three 12,000 sq. ft. 1-story buildings, two 11,880 sq. ft. 1-story buildings, and one 9,600 sq. ft. 1-story building. Also included is the conversion of an existing 797 sq. ft. garage to an office, an existing dwelling to remain, and 20 proposed parking stalls all on 5.7 acres in the Light Industrial Zoning District.The property is located at 11900 Oregon Road, Cutchogue. SCTM#1000-83-3-5.3 Southold Town Planning Board Page 13 November 4, 2019 SITE PLANS Set Hearings: Croteaux Farm Vineyards & Winery — SCTM#1000-75.-7-1.4 Oregon Storage Warehouses — SCTM#1000-83-3-5.3 APPROVAL OF PLANNING BOARD MINUTES • October 7, 2019 OFFICE LOCATION: MAILING ADDRESS: Town Hall Annex �F Sou P.O. Box 1179 54375 State Route 25 O�� jyOl Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) Q Southold, NY � � Telephone: 631 765-1938 www.southoldtow-nny.gov ouNTY,N PLANNING BOARD OFFICE TOWN OF SOUTHOLD November 8, 2019 Martin Finnegan,-Esq. Twomey, Latham, Shea, Kelley, Dubin & Quartaro, LLP P.O. Box 9398 Riverhead, NY 11901 Re: Conditional Preliminary Plat Approval & SEQRA Determination Colton Acres Standard Subdivision On the south side S.R. 25, +/- 275' west of Gillette Drive, East Marion SCTM#:1000-38.-1-1.8 Zoning District: R-40 Dear Mr. Finnegan: The following resolutions were adopted at a meeting of the Southold Town Planning Board on Monday, November 4, 2019: WHEREAS, this Standard Subdivision proposes to subdivide 4.24 acres, into three 1.2- acre lots in the R-40 Zoning District, located on the south side of SR25 +/- 275' west of Gillette Drive in-East Marion; and WHEREAS, on November 2, 2018, the applicant submitted a Sketch Plan application and fee; and WHEREAS, on December 17, 2018, the Sketch Plan was found incomplete, as the 4-lot proposal did not meet the minimum requirements for a Yield Plan pursuant to §240- 10(6); and WHEREAS, on February 11, 2019, the applicant submitted a corrected Yield Plan with a yield of three lots; and WHEREAS, on February 25, 2019, the Planning Board found the Sketch Plan application complete; and Colton Acres Standard Subdivision Pae 2 November 8, 2019 WHEREAS, on April 8, 2019, the Planning Board granted a Conditional Sketch Plan Approval upon the application; and WHEREAS, on June 7, 2019, the applicant submitted a Preliminary Plat application and fee'in the amount of$1,000; and WHEREAS, on July 8, 2019, the Planning Board found the Preliminary Plat application complete; and WHEREAS, on July 8, 2019, the Planning Board determined that this proposed action is an Unlisted Action under SEQRA and-set the Public Hearing for August 5, 2019; and WHEREAS, on August 5, 2019, the Public Hearing was held and closed; and WHEREAS, on August 6, 2019, the application was referred to the Local Waterfront Revitalization Program, Suffolk County Planning Commission, and all other involved and interested agencies; and WHEREAS, on August 23, 2019, the Suffolk County Planning Commission responded that this matter should be considered for local determination and has no objection to Southold Town claiming Lead Agency; and WHEREAS, on September 20, 2019, the LWRP coordinator responded that this application was found consistent with the policies of Local Waterfront Revitalization Program; and WHEREAS, on October 21, 2019, at their work session, the Planning Board reviewed the Public Hearing comments and the comments returned from the applicable and involved agencies, and all comments were incorporated into the application to the satisfaction of the Planning Board; 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, on October 21, 2019, the Planning Board reviewed the Preliminary Plat application and found that it is in compliance with the requirements of§240 Subdivision of land, of the Town Code; therefore be it RESOLVED, that the Southold Town Planning Board has determined that this proposed action is consistent with the policies of the Town of Southold Local Waterfront Revitalization Program; and be it further RESOLVED, that the Southold Town Planning Board, pursuant to SEQRA, hereby makes a determination of non-significance for the proposed action and grants a Negative Declaration; and be it further Colton Acres Standard Subdivision Pae 13 November 8, 2019 RESOLVED, that the Southold Town Planning Board grants a Conditional Preliminary Plat Approval upon the map entitled, "Colton Acres Standard Subdivision Preliminary Plat," prepared by Anthony Stancanelli, Licensed Engineer, dated May 1, 2019, with the following conditions: 1. The following items are required on the Final Plat: a. Add a notation for a fire hydrant on the east side of the right-of-way where it abuts Lot 2; b. Add notations for street trees to be planted 5' outside of the right-of-way on proposed Lots 1, 2 and 3; c. Include the following language as a note: _ "A Final Road and Drainage Plan with additional technical information and road and drainage construction specifications for this subdivision is on file with the Southold Town Planning Department"; d. Remove the four (4) proposed street light poles to further the dark sky policy; e. The installation of Innovative/alternative on-site wastewater treatment systems (I/A OWTS) are required on Lots 1, 2 and 3 to protect the water quality of the sole source aquifer and mitigate cumulative nitrogen loading impacts.,Include language on the plat referencing the.requirement of these systems; f. Add notations for property boundary monuments required to be placed at each lot corner; g. The road ownership is required to be split to become a portion of each proposed lot. Each of the three prospective owners is required to own and maintain a portion of the right-of-way from where it begins at NYSR 25 to where,it ends at their lot. This must also be shown in greater detail on the Preliminary Road & Drainage plan. Examples will be provided to the applicant by planning staff; h. A row of evergreens, 5- 6' Green Giants, are required to be planted in a single row along the west side of the right of way for 256 feet, up to Lot 1 along the property line of SCTM#: 1000-38.-1-1.7. To create enough room for the evergreen plantings the road will need to be shifted to the east side of the right of way; i. A 60' Vegetated Buffer is required in the rear yards of proposed Lots 1, 2 and 3. This buffer will preserve existing trees and allow for removal of dead trees I Colton Acres Standard Subdivision Pae 14 November 8. 2019 and brush and planting of additional landscaping in the form of native drought-tolerant species; j. Add notations to each lot for the following lot areas: i. Total lot area including the right of way; ii. Area of the right of way for each lot; iii. Area of the lot minus the dight of way; iv. Area of the maximum permissible clearing in square footage for each lot (calculate the Area of each lot minus the right of way x 50%); 2. Contact the NYSDEC Regional Office to determine if rare plants and animals might be present on the site and provide the response to the Planning Department. There may be mitigation required, depending on the species, if any; 3. Obtain a letter of Water Availability from the Suffolk County Water Authority; 4. Prior to Final Plat Approval, the following will be required: a. Fulfillment of the Park and Playground Fee and the Administration Fee will be required prior to Final Plat Approval. A finding on the Park and Playground Fee requirement will be made on the application during the completeness review on the Final Plat application; b. Approval by the Suffolk County Department of Health Services (SCDHS); c. Covenants and Restrictions (C&R's) that protect the environment, public safety, quality of life and community character to the satisfaction of the Planning Board will be required to be filed. Draft C&R's will be provided to the applicant during the Final Plat application review. 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. Colton Acres Standard Subdivision Pae 15 November 8, 2019 If you have any questions regarding the information contained in this resolution, please contact the Planning Board Office. Respectfully, Donald J. Wilcenski Chairman Encl. J OFFICE LOCATION: MAILING ADDRESS: Town Hall Annex ) P.O. Box 1179 54375 State Route 25 hO��O� so P.O.Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) Southold, NY � Telephone: 631 765-1938 - www.southoldtownny.gov �yCOUNTY,� PLANNING BOARD FFICE' TOWN OF SOUTH LD State Environmental Quality Review DRAFT NEGATIVE DECLARATION Notice of Determination November 4, 201 This notice is issued pursuant to Part 617 of the implementing regulation&pertaining to Article 8 (State Environmental Quality"Review Act) of the Environmental Law. The Southold Town Planning Board, as lead agency, has determined that the proposed action described below will not have a significant'eff ct on the environment and a Draft Environmental Impact Statement will not be prepare Name of Action: ,Proposed Colton Acres Standard Subdivision SCTM#:' 1000-38.4-1.8 Location: South side S.R. 25, +/- 275' wes of Gillette Drive,,East Marion, NY, 11939 SEQR Status: Type I ( ) Unlisted (X) - r Conditioned Negative Declaration: Yes ( ) No (X) Description of Action: This Standard Subdivision proposes to subdivide 4.24 acres into three 1.2-acre lots in the R-40 Zoning District. This parcel is located +/- 27 ' west of Gillette Drive in East Marion. Reasons Supporting This Determination: A Full Environmental Assessment Form has been submitted and reviewed and it was determined that no significant adverse effects to the environment were likely to occur should the project be implemented as planned. C Negative Declaration Page 12 November 4, 2019 The determination was based upon the following: Through subdivision, the 4.24 acres will be subdivided into three (3), 1.2-acre lots, which exceed the minimum lot size of 40,000 square feet in the R-40 Zoning District. The applicant originally proposed a 4-lot subdivision and was required to reduce the lot yield to 3, as the proposal did not meet the minimum requirements of the Bulk Schedule. Clearing limits are required to preserve the large tree on-site and buffer the new development of the three single family residences frorn the existing, improved parcels. A row of evergreen trees is required to be planted alon the right-of-way where it abuts SCTM#1000-38.-1-1.7. Impact on Land This application proposes the creation of two additional lots through the subdivision of 4.24 acres of vacant, wooded land. This parcel was created through a conservation subdivision to preserve the adjacent farmland to the east of the site. Access will be achieved by a 25' right-of-way from NYSR 25 ending in a cul-de-sac turn around. There are no significant geologic features on site. While the proposed action is expected to involve phy ical alteration of the land surface of the site from the construction of three residential structures and a common driveway, the adverse impacts on land are expected to be low. Impact on Surface Water & Groundwater Potential Impacts to Water Quality include: 1. Nutrient loading, including N loads to groundwater that could potentially degrade ground and surface waters. 2. Application of fertilizer and pesticides on turf and landscaped areas. The parcel is located within Groundwater Manage me t one IV and is not located within a designated Special Groundwater Protection Area. Water supply to the parcel is from a sole source aquifer. In 1978, the Long Island Regional Planning Board published the Long Island Comprehensive Waste Treatment Management Plan (208 Study). The 208 Study identified eight (8) hydrogeologic zones in Nas au and Suffolk Counties. These zones were distinguished based upon differences in inderlying groundwater flow patterns and water quality. The subject site is located within Suffolk County Department of Health Services (SCDHS) Groundwater Management Zone IV, which according to Article 6 of the Suffolk County Sanitary Code, has an allowable flow of 600gallons per day (GPD) per acre in areas served by public water. r This proposal will result in an estimated increase in water usage of—900 GPD (-300GPD x 3 lots) to service all 3 residential lots. Construction of�a Suffolk County Article 19 Alternative Negative Declaration Page 13 November 4, 2019 On-site Sanitary Wastewater Treatment System is required on each of the 3 proposed residential lots to reduce nitrogen in wastewater effluent. A covenant and restriction limiting irrigation to 15% of the total'lot area will be required, in addition to the Best Management Practices to further policies 5.4 and 5.5, as detailed in the Local Waterfront Revitalization Program. This proposal is estimated to have an annual water consumption of-900 gallons per day (GPD) to service both of the proposed residential lots. Test hole data indicates that water was encountered 17' below the surface. To mitigate potential future impacts from sanitary flow including impacts from nitrates, the applicant has agreed to install innovative/alternative on-site sanitary systems capable of treating total nitrogen (TN) to 19 mg/L or less. A covenant requiring the } installation will be required. Potential Impacts to Water Quantity include irrigation of turf areas and landscaping using potable water from the sole source aquifer. A covenant and restriction limiting irrigation to 15% of the total, lot area will be required to lessen the pressures of increased water consumption that will come as a result of this proposal. Stormwater Runoff Impervious surface area on site will increase over existing conditions. The control of stormwater will be achieved on-site pursuant to Chapter 236 Stormwater Management of the Southold Town Code requirements Best Management Practices (BMP's) as recommended by the LWRP policies 5.2, 5.3, 5.4 and 5.5 to protect the ground water and surface waters of East Marion, are proposed and will be required as covenant and restrictions. Based upon the findings above, significant impacts to surface and groundwater quality and quantity are expected-to be low. Impact on Agricultural Resources Although there are agricultural soils present, this parcel is small in size, and only two residential lots are being added. The parcel is currently wooded, not actively cultivated. The subject property and the adjacent 28.39-acre property to the east were created through a conservation subdivision to preserve the farm parcel with Suffolk County. , The subject property was created with the intent to further subdivide in the future, while also preserving the farm was, in perpetuity; therefore impacts to agricultural resources are expected to be low. Negative Declaration Page 14 November 4, 2019 Impact on Aesthetic Resources The parcel is located on NYS Route 25, a Scenic Byway, just east of Shipyard Lane in East Marion. Scenic views identified as important to the adjacent homeowners on Shipyard Lane and Gillette Drive are present on the subject parcel. The proposed development will be visible when traveling westbound. A row of evergreen trees will be required to be planted along the right of way where it abuts SCTM#1000-38.-1-1.7 to provide screening for the adjacent property owner. On the rear of each of the parcels, 60' are proposed to remain as wooded. Clearing limits will be applied to preserve the large trees on-site and buffer the new development of the three single-family residences from the existing development in the area. Reduction of the area turf, fertilization and pesticide application and irrigation on the lots will be applied. Building envelopes on Lots 1, 2 and 3 should be reduced so as not to disturb the current character of the area and limit the impact of development. There are 17 street trees (Pin Oak's) proposed to be planted along the property lines of Lots 1, 2 and 3 where they abut the proposed right of way are required to be maintained along Platt Road. Based upon the findings above, no significant impacts to aesthetic resources are expected. Impact on Open Space and Recreation The site does not currently offer public recreational opportunities. Future recreational opportunities could be achieved, however, due to the location; the likelihood of the land area being converted for recreational use is low. A park and playground fee will be required in lieu of conversion of the site to recreational use. Impact on Critical Environmental Areas The site is not located within a Critical Environmental Area. The NYSDEC Environmental Mapper was consulted and the northern area of the parcel is located within a rare plants and animals environmental designated area. The parcel area is in the vicinity of"bats listed as endangered or threatened." The application is required to contact the NYSDEC Regional Office to determine the absence or presence of rare plants and animals in the designated area. This may include restrictions on a clearing timeframe. The applicant is required to submit the findings to the planning department. Impact on Transportation The addition of the one proposed curb cut along NYSR 25 will required a NYSDOT work permit to work within the NYSR 25 buffer area. Maintenance and optimal lines of site Negative Declaration Page 15 November 4, 2019 will be addressed and implemented through NYSDOT. The impact on transportation as a result of this proposal is expected to be low. Impact on Historic and Archeological Resources The applicant contacted the New York State Cultural Resource Information System database and will provide the response to the Planning Board. The applicant is required to contact the CRIS system to determine the presence or absence of cultural resources in the project's impact area. The agent has submitted an application through the Office of Parks, Recreation and Historic Preservation under file #: C66V2TVNNVPF to determine whether or not there are cultural resources located on this site. Little to no impacts to known historical archeological resources are suspected. Impact on Energy The impact on energy use is expected to be low. Impact on Noise, Odor, and Light The Planning Board has waived the street lighting requirement in efforts to preserve the night sky in the area pursuant to Town Code §240-46 Lighting. Residential development on site will result in short term impacts from noise during construction. The impact on noise, odor, and light is expected to be low. Impact on Human Health See above discussion on groundwater quality and potential contamination issues, and the measures that will be enforced to mitigate these issues. Consistency with Community Plans & Character The surrounding community character is defined by agricultural and residential uses. This proposal abuts the existing residential development on Shipyard Lane and the farm parcel remains as a contiguous piece. A row of evergreen trees is required to be planted along the'property line of SCTM#1000-38.-1-1.7 to provide screening and limited disturbance to the adjacent property owner. The action is expected to create a small demand for police and fire services; however, the impacts to the.existing systems are expected to be low use as only three additional residential lots are being created. Public Schools are not expected to be adversely impacted for the same reason. Negative Declaration Page 16 November 4, 2019 Access to the three proposed lots is proposed from NYSR 25 over a 25' right-of-way ending in a cul-de-sac. The street light in the cul-de-sac as required through §240-46 Lighting, has been waived in order to preserve the dark night sky. 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). A row of evergreen trees is required to be planted along the eastern,property line of SCTM#1000-38.-1-1.7 that abuts the right-of-way to provide screening to the adjacent property owner. There are 60' on the rear of each parcel proposed to remain wooded. The surrounding character is a residential neighborhood and agricultural setting. The parcels to the west are improved with single family residences. A 27.85-acre parcel to the east is protected through the sale of development rights purchased by Suffolk County. The parcel is currently fallow in areas. The use does not conflict with the Residential 40 Zoning District or community plans, however, adverse impacts to groundwater and eventually surface waters may occur as a result of the cumulative effects from residential development. Best management practices are proposed to further,mitigate these potential impacts. The action is not significantly inconsistent with adopted community plans or community character. Based upon such, no significant adverse impacts to the environment are expected to occur should the project be implemented as planned. For Further Information: Contact Person: Erica Bufkins, Planner Address: Southold Town Planning Board P.O. Box 1179 Southold, NY 11971 Telephone Number: (631) 765-1938 Agency Use Only lIfApplrcablel Pro)ec[ IColton Acres Standard Subdivision Date November 4,2019 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. Please refer to Environmental Assessment Report prepared by the Planning Board dated November 4,2019 Determination of Significance- Type 1 and Unlisted Actions SEQR Status: ❑ Type 1 Q✓ 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 November 4 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: Cnnstn irtinn of a Snffnik Cnnnty Article 19 Altprnahvp Qn grtg$anifary Wactpwatpr Treatment System is required on each of the 9 prnpn,;Prl rP_';irlpnthal lots to reduce nitrogen in wastewater effluent A covenant and restriction limiting irrigation to 150/6 of the total lot area will be applied and implemented 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 617A). ❑ 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: Colton Acres Standard Subdivision Name of Lead Agency: Town of Southold Planning Board Name of Responsible Officer in Lead Agency: Donald Wilcenski Title of Responsible Officer: Planning Board Chairman Signature of Responsible Officer in Lead Agency: t- Date: November 4,2019 Signature of Preparer(if different from Responsible Officer) Date: November 4,2019 For Further Information: Contact Person- Enca Bufkins,Planner Address: P O Box 1179,53095 Main Road,Southold,NY 11971 Telephone Number:631-765-1938 E-mail:encab@southoldtown ny gov 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://w-ww.dec ny.gov/enb/enb.html PRINT FULL FORM Page 2 of 2 OFFICE LOCATION: MAILING ADDRESS: Town Hall Annex P.O. Box 1179 54375 State Route 25 �O��OF SO!/r�olo Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) " Southold, NY Telephone: 631 765-1938 www.southoldtownny.gov coo PLANNING BOARD OFFICE TOWN OF SOUTHOLD November 8, 2019 Charles R. Cuddy, Esq. P.O. Box 1547 Riverhead, NY 11901 Re: Conditional Preliminary Plat Approval & SEQRA Determination Liebert Standard Subdivision Located on the east side of Hortons Lane, +/- 100' southeast of Jennings Road, Southold SCTM#1000-54.-3-14.8 Zoning District: R-40 Dear Mr. Cuddy: The Southold Town Planning Board adopted the following resolutions at a Public Meeting held on Monday, November 4, 2019: WHEREAS, this proposal is for the standard subdivision of a 2.43-acre vacant lot into two lots, where Lot 1 equals 54,134'sq. ft. and Loot 2 equals 54,134 sq. ft. in the R-40 Zoning District; and WHEREAS, on April 12, 2018, the agent submitted a Sketch Plan application; and WHEREAS, on May 7, 2018, the Sketch Plan application was found incomplete and J additional materials were required; and WHEREAS, on September 21, 2018, the applicant submitted a request to clear and build on the site prior to Final Approval from the Planning Board, which included a plan showing the cleared area on the site and the building plans; and WHEREAS, on September 27, 2018, the Planning Board sent the applicant a letter requesting that additional dimensions be added to the plan to ensure•the subdivision design would not be hindered by the location of the proposed house on Lot 1; Liebert Standard Subdivision Page 12 November 8, 2019 WHEREAS, on October 15, 2018, the applicant submitted a revised plan; and WHEREAS, on October 22, 2018, the Planning Board decided to allow the applicant to ' clear and build on Lot 1 prior to Final Approval by the Planning Board contingent upon the following conditions: 1. The driveway to access Lots 1 & 2 must be designed as a common driveway; 2. Apply forNapproval from the Suffolk County Department of Health Services (SCDHS) Office of Wastewater Management for an Innovative Alternative On- Site Wastewater Treatment System (I/A OWTS) for the proposed house on Lot 1; 3. There will be no further clearing allowed beyond what is shown on the plan that was submitted on October 15, 2018 until the Planning Board has approved the Final Plat and the map has been filed and all necessary permits have been obtained. The only exception will be the clearing necessary to move the driveway to meet the common driveway requirement; and WHEREAS, on January 7, 2019, the applicant submitted a revised Sketch Plan; and WHEREAS, on January 25, 2019, the applicant submitted proof of application for an Innovative Alternative On-Site Wastewater Treatment System (I/A OWTS) for the proposed house on Lot 1; and - WHEREAS, on January 28, 2019, the Planning Board found the Sketch Plan application complete; and WHEREAS, on February 11, 2019, the Planning Board granted a Conditional Sketch Plan Approval upon the application; and WHEREAS, on April 1, 2019, the applicant submitted a Preliminary Plat application and fee where the common driveway was shown as 20'; and WHEREAS, on April 17, 2019, the agent was notified on that a 25' common driveway would be required in accordance to the Town Code §240-45 Common driveways; and WHEREAS, on May 7, 2019, the agent submitted a plan inclusive of a 25' common driveway; and WHEREAS, on May 20, 2019, the Planning Board found the Preliminary Plat application incomplete and required the applicant to submit a report from the project engineer that determined if a DEC SWPPP would be required for the subdivision; and WHEREAS, on June 3, 2019, the applicant's agent submitted a report from Douglas Adams, PE,, which indicated that a DEC-SWPPP will not be required for this application; and Liebert Standard Subdivision Page 13 November 8, 2019 WHEREAS, on June 17, 2019, the Planning Board found the Preliminary Plat application complete at their work session; and I WHEREAS, on July 8, 2019, the Planning Board determined that this proposed action is an Unlisted Action under SEQRA and set the Public Hearing for August 5, 2019; and WHEREAS, on August 5, 2019, the Public Hearing was held and closed; and WHEREAS, on August 6, 2019, the application was referred to the Local Waterfront Revitalization Program, Suffolk County Planning Commission, and all other involved and interested agencies; and WHEREAS, on September 11, 2019, the LWRP coordinator responded that this application was found consistent with the policies of LWRP; and WHEREAS, on September 17, 2019, the Suffolk County Planning Commission responded that this matter should be considered for local determination; and WHEREAS, on October 21, 2019, at their work session, the Planning Board reviewed the Public Hearing comments and the comments returned from the applicable and involved agencies, and all applicable comments were incorporated into the application to the satisfaction of the Planning Board; 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, on October 21, 2019, the Planning Board reviewed the Preliminary Plat application and found that it is in compliance with the requirements of§240 Subdivision of land, of the Town Code; be it therefore RESOLVED, that the Southold Town Planning Board has determined that this proposed action is consistent with the policies of the Town of Southold Local Waterfront Revitalization Program; and be it further RESOLVED, that the Southold Town Planning Board, pursuant'to SEQRA, hereby 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 grants a Conditional Preliminary ' Plat Approval upon the map entitled, "Liebert Standard Subdivision Preliminary Plat", prepared by John Metzger, Land Surveyor, dated September 2, 199.3, last revised April 29, 2019, with the following conditions: 1. The following must be shown on the Final Plat: Liebert Standard Subdivision Page 14 November 8, 2019 a. Add notations to each lot for the following lot areas: i. Total lot area including the right of way; ii. Area of the right of way for each lot; iii. Area of the lot minus the right of way; iv. Area of the maximum permissible clearing in square footage for each lot (calculate the Area of each lot minus the right of way x 50%); b. The clearing for the proposed residential structure on Lot 2 must be located to minimize the number of trees that would need to be removed; c. Preserve the significant trees on Lots 1 and 2 and provide notation that trees are required to remain; d. Provide proposed vegetated buffers on Lots 1 and 2 along property lines to preserve as many trees as possible; e. Remove the symbols for any trees that have already been cut, or will need to be cut as a result of the proposed development; f. A 10' row of evergreen trees is required along the right-of-way access to Lot 2 where it abuts the-rear of the adjacent properties; g. Provide a detail of the common driveway area; h. Installation of Innovative/alternative on-site wastewater treatment systems (I/A OWTS) are required on Lots 1 and 2 to protect the water quality of,the sole source aquifer and mitigate cumulative nitrogen loading impacts. Include language on the plat referencing the requirement of these systems; i. Add notations for property boundary monuments required to be placed at each lot corner; 2. Contact the NYS CRIS system and provide the findings to the Planning Department; 3. Stake the right-of-way'to determine what existing vegetation is located within the right-of-way area; 4. Prior to Final Plat Approval, the following will be required: a. Fulfillment of the Park and Playground Fee and the Administration Fee will be required prior to Final Plat Approval. A finding on the Park and Playground Fee requirement will be made on the application during the completeness review on the Final Plat application; b. Approval by the Suffolk County Department of Health Services (SCDHS); Liebert Standard Subdivision Page 15 November 8. 2019 c. Covenants and Restrictions (C&R's) that protect the environment, public safety, quality of life and community character to the satisfaction of the Planning Board will be required to be filed. Draft C&R's will be provided to the applicant during the Final Plat application review. 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 Encl. OFFICE LOCATION: "MAILING ADDRESS: Town Hall AnnexP.O. Box 1179 54375 State Route 25 O��QF SO(/,yOl 'Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) Q Southold, NY � � Telephone: 631 765-1938 www.southoldtownny.gov �yeonff'1,� PLANNING BOARD OFFICE TOWN'OF SOUTHOLD State Environmental Quality Review NEGATIVE DECLARATION Notice of Determination November 4, 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 Law. The Southold Town Planning Board, as lead agency, has determined that the proposed action described below will not have a significant effect on the environment and a Draft Environmental Impact Statement will not be prepared. Name of Action: Proposed Liebert Standard Subdivision SCTM##: 1000-54.-3-14.8 Location: East side of Hortons Lane, +/- 100' southeast of Jennings Road, Southold, NY, 11971 SEAR Status: Type I ( ) Unlisted (X) Conditioned Negative Declaration: Yes ( ) No (X) Description of Action: This proposal is for the standard subdivision of a 2.43-acre vacant lot into two 1.2-acre Pots in the R-40 Zoning District. This parcel is located on the east side of Hortons Lane, +/- 100' southeast of the intersection with Jennings Road, in Southold. Reasons Supporting This Determination: A Full Environmental Assessment Form has been submitted and reviewed and it was determined that no significant adverse effects to the environment were likely to occur should the project be implemented as planned. Negative Declaration Page 12 November 4, 2019 The determination was based upon the following: This proposal is to subdivide a 2.43-acre parcel into two, 1.2-acre lots in the R-40 Zoning District. A common driveway is proposed to access both of the proposed lots, and the applicant has agreed to install Suffolk County Article 19 I/A OWTS on Lots 1 & 2. The applicant is required to contact the CRIS system to determine the presence or absence of cultural resources in the project's impact area. The Planning Board agreed to allow the construction of a residential dwelling unit on Lot 1, contingent upon the applicant installing the I/A OWTS on Lot 1 to reduce nitrogen in wastewater effluent. This lot is serviced by public water. A 10' vegetated buffer of evergreen trees will be required along the southeast property line in the 25' right-of-way to provide screening to the adjacent property owners. The right-of- way will be staked to determine if any existing significant trees can be preserved. A buffer on Lot 2 will be applied to preserve the existing vegetation on the site. Impact on Land + This application proposes the creation of two residential lots through the subdivision of 2.43 acres of vacant, wooded land. A common driveway is proposed to' access Lots 1 and 2. There�are no significant slopes or wetlands present on this site. ,A 10' buffer of evergreen trees will be required along the entirety of the southeast property line in the right-of-way. A buffer will also be required on Lot 2 to protect the significant trees and vegetation present on the site. The applicant is required to contact the NYS OPRHP CRIS system to determine the presence or absence of cultural resources on the site. While the proposed action is expected to involve physical alteration of the land surface of the site from the construction of two residential structures and a common driveway, the adverse impacts on land are expected to be low. Impact on Surface Water & Groundwater Potential Impacts to Water Quality include: 1. Nutrient loading, including N loads to groundwater that could potentially degrade ground and surface waters. 2. Application of fertilizer and pesticides on turf and landscaped areas. Water supply to the parcel is from a sole source aquifer. In 1978, the Long Island Regional Planning Board published the Long Island Comprehensive Waste Treatment Management Plan (208 Study). The 208 Study identified eight (8) hydrogeological zones in Nassau and Suffolk Counties. These zones were distinguished based upon differences in underlying groundwater flow patterns and water quality. y Negative Declaration Page 13 November 4, 2019 The parcel is located within Groundwater Management Zone IV, which according to Article 6 of the-Suffolk County Sanitary Code, has an allowable flow of 600 gallons per day (GPD) per acre in areas served by public water. It is not located within a designated Special Groundwater Protection Area. This proposal will result in an estimated increase in water usage of—600 GPD (-300GPD x 2 lots) to service both residential lots. A covenant and restriction limiting irrigation to 15% of the total lot area will be required, in addition to the Best Management Practices to further policies 5.4 and 5.5, as detailed in the Local Waterfront Revitalization Program. This proposal is estimated to have an annual water consumption of—600 gallons per day (GPD) to service both of the proposed residential lots. Test hole data indicates,that water was not encountered at a depth of 28'. To mitigate potential future impacts from sanitary flow including impacts from nitrates, the applicant has installed an innovative/alternative on-site sanitary system capable of treating total nitrogen (TN) to 19 mg/L or less on Lot 1, as required by the Planning Board when they allowed construction of the residential unit on Lot 1. The installation of I/A OWTS on Lot 2 will be required and memorialized through a covenant and restriction. Impacts to Groundwater include irrigation of turf areas and landscaping using potable water from the sole source aquifer. A covenant and restriction limiting irrigation to 15% of the total lot area will be required to lessen the pressures of increased water consumption that will come as a result of this proposal. Reduction of the area turf, fertilization and pesticide application and irrigation on the lots will be applied. Stormwater Runoff Impervious surface area on site will increase over existing conditions. The control of stormwater will be achieved on-site pursuant to Chapter 236 Stormwater Management of the Southold Town Code requirements Best Management Practices (BMP's) as recommended by the LWRP policies 5.2, 5.3, 5.4 and 5.5 to protect the ground water and surface waters, are proposed and will be required as covenant and restrictions. Based upon the findings above, significant impacts to surface and groundwater quality and quantity are expected to be low. Impact on Agricultural- Resources The subject parcel is located 'in the R-40 Zoning District and is surrounded by residential development. There are no agricultural soils present on this site, and the configuration and location do not lend themselves to farming use. No impacts to agricultural resources will occur Negative Declaration P,a g e 14 November 4, 2019 Impact on Aesthetic Resources The parcel is located on Hbrtons Lane, to the rear of three existing and improved parcels. The addition of one residential lot will result in clearing for the proposed residential structures on Lots 1 and 2. A 10' buffer of evergreen trees will be required to be planted along the right-of-way where it abuts the adjacent property'lines to the southeast to provide screening. A buffer will be required on Lot 2 to preserve the existing oak trees on the site. Based upon the findings above, no significant impacts to aesthetic resources are expected. Impact on Open Space and Recreation The site does not currently offer,public recreational opportunities. Future recreational opportunities could be achieved, however, due to the location; the likelihood of the land area being converted for recreational use is low. A park and playground fee will be required in lieu of conversion of the site to recreational use. Impact on Critical Environmental Areas The site is not located within a Critical Environmental Area. Impact on Transportation Through subdivision; there will be one curb cut servicing the two lots involved in this subdivision. A common driveway is required to access both lots. The impact on transportation as a result of this proposal is expected to be low. Impact on Historic and Archeological Resources The subject parcel is located within an identified Archeological Sensitive Buffer Area. Due to the parcel location and historic relevance, the applicant is required to contact the New York Department of State Cultural Resource Information System (CRIS) to the presence or absence of cultural resources on the site. The applicant will be required to submit the findings of CRIS to the Planning Board to determine if further action will be necessary. The impact on historic and known archeological resources is expected to be low. Impact on Energy The impact on energy use is expected to be low. Impact on Noise, Odor, and Light The Planning Board has waived the street lighting requirement in efforts to preserve the night sky in the area pursuant to Town Code §240-46 Lighting. Negative Declaration Page 15 November 4, 2019 Residential development on site will result in short term impacts from noise during construction. The impact on noise, odor, and light is expected to be low. Impact on Human Health l See above discussion on groundwater quality and potential contamination issues, and the measures that will be enforced to mitigate these issues. Consistency with Community Plans & Character The surrounding community character is defined residential uses. This proposal abuts the existing residential development on Hortons Lane and will be accessed by a common driveway. A 10' buffer of evergreen trees is required to be planted along the right-of-way to provide screening for the adjacent property owners. A buffer will be required on Lot 2 to preserve the significant trees in the wooded area on the site. The action is expected to create a small demand for police and fire services; however, the impacts to the existing systems are expected to be low, as two additional residential lots are being created. Public Schools are not expected to be adversely impacted for the same reason. 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). The surrounding character is indicative of a residential neighborhood.The use does not conflict with the Residential 40 Zoning District or community plans, however, adverse impacts to groundwater and eventually surface waters may occur as a result of the cumulative effects from residential development. Best management practices will be required through a covenant and restriction to further mitigate potential impacts. The action is not significantly inconsistent with adopted community plans or community character. Based upon such, no significant adverse impacts to the environment are expected Jo occur should the project be implemented as planned. For Further Information: Contact Person: Erica Bufkins, Planner Address: Southold Town Planning Board P.O. Box 1179 Southold, NY 11971 Telephone Number: (631) 765-1938 Agency Use Only [tfApplicable] Project lLiebert Standard Subdivision Date November 4,2019 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. Please refer to Environmental Assessment Report prepared by the Planning Board dated November 4,2019 Determination of Significance - Type I and Unlisted Actions SEQR Status: ❑Type I W✓ Unlisted Identify portions of EAF completed for this Project: ✓❑Part I ©Part 2 Q 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 November 4,2019 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: ('nn¢tnirhnn of a Siiffnik County Artirla 14 Altprnativp On-site Sanitary Wa¢tewptarTraatmant Sygtpm ig rppuprl nn aarh of the 9 pmposerl racirlanfial lots to reduce nitrogen in wastewater effluent A covenant and restriction limiting Irrigation to 15%of the total lot area will be applied and implemented A buffer of evergreen trees will be required to limit the Impact of the new development to adjacent property owners 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: Llebert Standard Subdivision Name of Lead Agency: Town of Southold Planning Board Name of Responsible Officer in Lead Agency: Donald Wllcenski Title of Responsible Officer: Planning Board Chairman Signature of Responsible Officer in Lead Agency: Date: November 4,2019 Signature of Preparer(if different from Responsible Officer) t Date: November 4,2019 For Further Information: Contact Person: Erica Bufkins,Planner Address: P O Box 1179,53095 Main Road,Southold,NY 11971 Telephone Number:631-765-1938 E-mail: ericab@southoldtownny.gov 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/eiib.html PRINT FULL FORM Page'2 of 2 / OFFICE LOCATION: MAILING ADDRESS: Town Hall Annex *QF SO -P P.O. Box 1179 54375 State Route 25 ®� y�l Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) h O Southold, NY -W- Telephone:JIF 631 765-1938 www.s outholdtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD November 8,, 2019 r Mr. Reginald Tuthill Tuthill Oysterponds Holding Company P.O. Box 86 Orient, NY 11957 Re: SEQR Findings Statement Adoption Proposed Tuthill Conservation Subdivision 'J Route 25, Orient SCTM#s 1000-17-4-16, 1000-17-6-14.2, 1000-18-3-30.3, and 1000-1876-17.3 Zoning District: R-80 and R-200 Dear Mr. Tuthill: The Southold Town Planning Board adopted the following resolutions at a meeting held on Monday, November 4, 2019: WHEREAS, on March 23, 2016 the Southold Town Planning Board, as Lead Agency, found that the Draft Environmental Impact Statement (DEIS) for the Tuthill Conservation Subdivision dated February 11, 2016 inadequate for public review; and WHEREAS, on, September 14, 2018 the applicant submitted a revised DEIS; and WHEREAS, on January 28, 2019 the applicant submitted a one page amendment to the original DEIS submission which has also been reviewed; and WHEREAS, on February 10, 2019 the Planning Board determined the DEIS to be adequate and ready-for public review; and WHEREAS, on March 1'1, 2019 a public hearing on the DEIS was held and extended for two weeks for written comment to March 25, 2019; and WHEREAS, the Planning Board found that the number and content of substantive public comments on the potential moderate to large impacts to cultural resources required further coordination with the New York State Office of Parks Recreation and Historic Preservation and Native American Tribes; and Tuthill Conservation Page 2 November 8 , 2019 Subdivision _ WHEREAS, on September 9, 2019 the Planning Board accepted the Final Environmental Impact Statement dated September 9, 2019; therefore be it RESOLVED, that the Southold Town Planning Board, as Lead Agency, hereby adopts the attached Findings Statement for the Tuthill Conservation Subdivision pursuant to Article 8 of the Environmental Conservation Law (State Environmental Quality Review Act) and the implementing regulations of 6 NYCRR Part 617. If you have any questions regarding the information contained in this resolution, please contact the Planning Board Office. Respectfully, 1/V Donald J. WVVVilcenski Chairman- Encl. cc: Scott Russell, Southold Town Supervisor Southold Town Clerk for Southold Town Board Southold Town Zoning Board of Appeals Southold Town Building Department Southold Town Engineer Southold Town Police Department Southold Town Local Waterfront Revitalization Program Coordinator Southold Town Architectural Review Committee Southold Town Highway Department Southold Fire District Orient Fire District Suffolk County Department of Health Services Suffolk County Water Authority Suffolk County Planning Commission Suffolk County Legislator NYS DEC - Stony Brook NYS DEC - Commissioner NYS Department of Transportation NYS Department of State NYS Natural Heritage Program Environmental Notice Bulletin_ File OFFICE LOCATION: MAILING ADDRESS: Town Hall Annex �tzA SO//lP.O. Box 1179 54375 State Route 25 � 010 Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) Southold, NY Telephone: 631 765-1938 www.southoldtownny.gov Comm PLANNING BOARD OFFICE TOWN OF SOUTHOLD STATE ENVIRONMENTAL QUALITY REVIEW ACT FINDINGS STATEMENT TUTHILL OYSTERPONDS HOLDING COMPANY CONSERVATION SUBDIVISION HAMLET OF ORIENT,TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK Date: November 4, 2019' This Findings Statement•is issued pursuant to Article 8 of the Environmental Conservation'Law (State Environmental Quality Review Act—SEQRA) and the implementing regulations therefor at 6 NYCRR Part 617. PROJECT LOCATION: Hamlet of Orient, Town of Southold, Suffolk County,New York - SUFFOLK COUNTY TAX MAP NUMBERS: Section 1000- SCTMs 1000-17-4-16, 1000-17-6-14.2, 1000-18- 3-30.3 and 1000-18-6-17.3 APPLICANT: Tuthill Oysterponds Holding Company Conservation Subdivision Contact: Lyle and Carol Tuthill LEAD AGENCY: Town of Southold Planning Board 54375 Main Road P.O. Box 1179 Southold,New York 11971 Contact: Donald J. Wilcenski, Chairman (631) 765-1938 PREPARER& CONTACT: The Final Environmental Impact Statement was prepared by: Town of Southold Planning Department Southold Town Annex 54375 State Route 25 P.O. Box 1179 Southold,New York 11971 Contact: Mark Terry, AICP, Assistant Director of Planning (631) 765-1938 DATE OF PREPARATION: November 4, 2019 AVAILABILITY OF DOCUMENT: This document is available for public review at the offices of the Lead Agency, 54375 Route 25, Southold,New York 11971. It is also available electronically at the following address: http://w-ww.southoldto�,N,M.gov. DATE OF FILING: November 4, 2019 The Town of Southold), as lead agency, subsequent to review of the Draft Environmental Impact Statement(DEIS) and the Final Environmental Impact Statement(FEIS) prepared in accordance under SEQRA hereby certifies that: > 'it has considered the relevant environmental impacts, facts and conclusions disclosed in the DEIS and FEIS; > it has weighed and balanced relevant environmental impacts with social, economic and other considerations; > the requirements of 6 NYCRR Part 617 have been met; > consistent with social, economic and other essential considerations from among the reasonable alternatives available,the action described below is one that avoids or minimizes adverse environmental impacts to the maximum extent practicable; and > adverse environmental impacts will be avoided or minimized to the maximum extent practicable by incorporating, as conditions to the decision, those mitigation measures that were identified as practicable during the environmental review process and as set forth herein. 2 Description of Action This proposal is for an 80/60 Clustered Conservation Subdivision of four parcels'SCTM#'s 1000-17-4-16, 1000-17-6-14.2, 1000-18-3-30.3 and 1000-18-6-17.3 (total area--I 12 acres) into 17 residential lots, with 94 acres to be preserved. This project proposes the transfer of yield pursuant to §240-42 G of the Southold Town Code. SCTM#1000-17-4-16 (North Dyer) equals 21 acres proposed to be subdivided into 6 lots where the lots range in size from 0.7 - 0.9 acres. This property includes a 0.7 acre's private right-of-way and 15.6 acres of preserved subdivision open space inclusive of 5.7 acres of unbuildable lands. North Dyer is located on the n/s/o NYS Route 25, approximately 366 feet west of Oysterponds Lane, in Orient. SCTM#1000-17-6-14.2 (South Dyer) equals 35.3 acres proposed to be subdivided into 5 lots and includes a reserve area for agricultural related use where the lots and reserve area range in size from 0.5 - 0.9 acres; property includes a 0.5 acre right-of-way and 28.5 acres of open space inclusive of 14.6 acres of unbuildable lands. South Dyer is located on the s/s/o NYS Route 25, approximately 460 feet west of Oysterponds Lane, in Orient. SCTM#1000-18-3-30.3 (North Brown) equals 28.7 acres proposed to be subdivided into 5 lots where the lots range in size from 0.7 - 0.8 acres. This property includes a 1.3 acre private right-of-way and 23.7 acres of open space inclusive of 2 acres of unbuildable lands. North Brown is located on the n/s/o of NYS Route 25, approximately 2,223 east of Platt Road, in Orient. SCTM#1000-18-6-17.3 (South Brown) equals 26.9 acres proposed to be subdivided where Lot 1 equals 0.92 acres. This property includes 25.5 acres of open space inclusive of 0.62 acre of unbuildable lands. South Brown is located on the s/s/o NYS Route 25, approximately 1,960 feet east of Platt Road;in Orient. 3 i Facts, Conclusions and Mitiliation Measures In accordance with 6 NYCRR §617.11, the Planning Board has considered the DEIS and FEIS for the proposed action and certifies that it has met the requirements of 6 NYCRR Part 617. The commentary received from involved agencies and interested parties was used in the analysis of significant impacts to the'environment, and this Findings Statement contains the facts and conclusions in the DEIS and FEIS relied upon by the lead agency to support its decision and indicates those factors that formed the basis of the decision. Further, upon due consideration and among the reasonable alternatives available,the Planning Board, as lead agency, has determined that based upon the potential significant environmental impacts identified in the documents, the following includes the mitigation measures to be incorporated into the decision to ensure that such impacts will be avoided or minimized to the maximum extent practicable. Organization This document includes text(in italics) outlined in the Positive Declaration followed by the Lead Agency's discussion and findings. i Impacts on Surface and Groundwater Potential moderate to large impacts to groundwater quantity, groundwater quality and surface waters resulting from the development of the parcels in an area not served by community sewer or public water with'reliance on a sole source aquifer for potable water. Potential Impacts: 1. Impacts of Sanitary Systems on Ground and Surface Waters The potential for adverse impacts to ground and surface water.quality by the construction of new sanitary systems on the 17 lots were assessed. To mitigate adverse impacts to ground and surface water quality, the Planning Board is requiring the installation of innovative alternative wastewater treatment systems (UA OWTS) for all wastewater disposal on the residential lots. In a January 27, 2019 email sent to the Planning Board, the applicant agreed to install these types of sanitary systems. The Planning Board finds that: Traditional septic systems are not permitted to be used on the lots in this subdivision. The use of an innovative/alternative wastewater treatment system(I/A OWTS), as permitted,, under Suffolk County Department of Health Services' Article 19, or future technology that accomplishes the goal of reducing or removing pollutants from wastewater effluent as well as, or better than the I/A OWTS systems referenced above, is required for all lots shown on the Subdivision Map. The Planning Board finds that potential moderate to large impacts from sanitary systems on ground and surface waters are low. 2. Impacts from Stormwater Runoff to Surface Waters The proposed action will generate stormwater runoff capable of entering surface waters. The Planning Board finds the following mitigation necessary to reduce and minimize adverse impacts from storm water runoff to surface waters. 1. Stormwater runoff will be collected, stored, and infiltrated to groundwater via private storm water collection systems which should include passive drainage (swales) for road systems, green infrastructure treatments (vegetated infiltration basins) and minimal catch basins, piping, drywells and drainage reserve areas. 2. All construction must comply with Chapter 236 Stormwater Pollution Prevention regulations that require all development to contain storm water runoff on site. 5 3. A determination from the NYSDEC for the need to develop and file a Stormwater Pollution Prevention Plan(SWPPP) will be required to be submitted to the Planning Board. 4. If a SWPPP is required it will outline all measures that will be required to prevent stormwater runoff from leaving the site and affecting neighboring properties both during construction and after. A copy of the SWPPP shall be filed with the Town of Southold Office of the Engineer. Based on the above mitigation, the Planning Board finds that potential moderate to large impacts from storm water runoff to surface waters are low. 3. Impacts on Groundwater Quality - The largest potential for impacts to surface and groundwaters result from the nitrogen (N) inputs from atmospheric deposition and sanitary systems in unsewered areas. Orient is unsewered. The Environmental Protection Agency (EPA) and SCDOH standards has adopted the 10 mg/L standard as the maximum contaminant level (MCL)for nitrate- nitrogen and 1 mg/L for nitrite-nitrogen for regulated public drinking water systems. High levels of nitrate in groundwater have been shown to cause Methemoglobinemia (blue baby syndrome) when consumed. As discussed above, recent regulatory and technological improvements to treat sanitary wastewater has resulted in a Planning Board policy to require UA OWTS for all newly created lots in'Orient. The use of these systems will mitigate and reduce nutrient loads to groundwater. (Positive Declaration) J The parcels and greater Orient are not served by public water. New private wells served by groundwater will be required to provide potable water to the 17 future residences. The action required an assessment of water availability of potable water source and the impacts on existing and future development on groundwater supply including the use of irrigation. Discussions included the impact to adjacent parcels water supply (zone of influence), nutrient loading,potential contamination and the threat of salt water intrusion on private wells. Potable water supply to Orient is sustained from a sole source aquifer and the protection and conservation of ground water is critical due to the geography and geology of the Orient peninsula. The Planning Board recognizes that the following challenges pose a threat to providing sustainable,potable, water supply to Orient: 1._ Shallow freshwater lens and'saltwater intrusion. 2. Overuse of potable water in irrigation. 3. Degradation of groundwater quality from the use of chemicals and fertilizers. 4. Disposal of sanitary waste. 6 The Planning Board finds that: As indicated above and to mitigate adverse impacts to groundwater quality, the Planning Board will require the installation of I/A OWTS on the residential lots. Potable water is available to the 17 residential lots. The applicant had provided a comprehensive water analysis for each lot in 2017 and on South Dyer Lots 2 and 4 in 2018 in the DEIS (Appendix F). Results show that water quality meets SCDOH standards for each lot. 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. The Planning Board finds that: The landowners have significantly mitigated potential moderate to large adverse impacts to groundwater quality through the voluntary participation in the 80/60 Clustered Conservation Subdivision program. By doing so, the preservation of 72.61+ acres of the buildable lands through the sale of development rights coupled with a reduction in density(from 42 potential residential lots to 17)reduces the long-term, cumulative impacts to groundwater quality. The Planning Board finds that: To further protect groundwater quality, the applicant has agreed to apply the following Best Management Practices for fertilization, herbicides and pesticides on each lot. a. Only apply fertilizer if more than 20' away from surface water or within 3' of a 10'+vegetative border; or within 3' of surface water if the spreader has a guard deflector shield or is a drop spreader. b. Only apply organic fertilizers where the water-soluble nitrogen is no more than 20% of the total nitrogen in the mixture may be utilized on the lots. c. Maximum of 1 pound of nitrogen per 1000 square feet in any one application, with a cumulative application of no more than 2 pounds per 1000 square feet per year d. Phosphorus containing lawn fertilizer is prohibited unless establishing a new lawn or soil test shows that the lawn does not have enough phosphorus. The phosphorous level must be 0.67 or lower unless a soil test indicates it's needed. e. Synthetic herbicides and pesticides will be prohibited. f. The use of Agricultural Environmental Management(AEM) practices are encouraged for agricultural operations. Mitigation to address Saltwater Intrusion in Private Wells. The Positive Declaration included a concern that the water supply demand from the proposed action may exceed safe and sustainable withdrawal capacity rate of the local supply or aquifer. There remains a pending concern about the depth of the freshwater lens 7 1 relative to the saltwater/freshwater interface and future saltwater intrusion potential in water supply wells. The Planning Board finds that: The following to minimize saltwater intrusion to well heads over time is necessary. 1. Water supply wells shall be spaced evenly and as far from the edge of the shore as possible to minimize saltwater intrusion. 2. The installation of low flow wells with a maximum 10 gallons per minute (gpm) flow rate. This will help prevent the upcoming of saltwater to the water supply well over time. Significant adverse impacts to groundwater quality are not expected. 4. Impacts on Water Quantity and Conservation The annual water consumption for the 17 single family residences is estimated at 5,100 gallons per day(gpd). Traditionally, around 40 percent or 2,040 gpd of the 5,100 gpd is expected to be lost to irrigation with anticipated recharge loss (e.g. surface runoff, evapotranspiration) to the 'aquifer. The use of potable water to irrigate turf and landscaped areas poses a significant, long term adverse impact and is unsustainable on the groundwater resources in Orient. The Planning Board recognizes that the preservation of 70.24+acres of buildable lands coupled with a reduction in density (from 42 potential residential lots to 17) will contribute to water quantity { conservation,provide important areas for groundwater recharge and minimize potential moderate to large impacts; however,to preserve the long term viability of the sole source aquifer in Orient. The Planning Board finds that the following mitigation is required: 1. The use of low-flow,plumbing fixtures. 2. Irrigation controls: The following is required to reduce residential irrigation in areas not connected to public water. a. Plants used in landscaping shall be native and drought-tolerant. b. The use of drip irrigation systems is recommended. Rain barrels are encouraged. c. Total long-term permanent irrigation of each lot will be limited to 15% of the lot area not improved with structures. d. Soil moisture sensors will be used with irrigation systems,to water only when necessary during times of low-soil moisture. e. Lawn areas will be seeded with improved turf species with deeper root systems and greater drought tolerance,thus requiring less irrigation than conventional turf species. 8 Significant adverse impacts to groundwater quantity are not expected. 5. Impact to Flooding The proposed action may result in, or require, modification of existing drainage patterns (Positive Declaration). The alteration of existing drainage patterns will occur as result of the construction of the road and lots. Stormwater will be controlled on-site. The Planning Board finds the following: 1. The applicant shall contact the NYSDEC to determine the need for a SWPPP as indicated above. Nevertheless, all storm water generated from this site is required to be disposed of on site. 2. Alternative 1 will be applied. The applicant has provided Alternative 1, which relocates one lot from South Dyer to North Dyer and adjust the 4 remaining lots to the east of the existing farm road. 3. A single Family Residence constructed on South Brown located within(FEMA Flood Zone AE El 6)will comply with FEMA Flood Zone Construction Standards. 4. The North Dyer, South Dyer and North Brown residential lots where structures would occur are not located within mapped flood zones: 5. Future construction on South Dyer should account for sea level rise to prevent loss. . As a result of the above specified mitigation, adverse impacts to existing drainage patterns are low. 6. Impact on Agricultural Resources The proposed action could result in moderate to large impacts of a substantial change in the use, or intensity of use, `of,land including prime agricultural soils, Agricultural District and open space or in its capacity to support existing uses. South Dyer, North Brown and South Brown properties are listed within the Agricultural District. (Positive Declaration) 1. Loss of agricultural soil. The proposed action may impact soil"classified within Soil Group 1 through 4 of the NYS Land Classification System. (Positive Declaration) The DEIS states that the proposed action includes 69 acres of Soil Groups 1-4 combined. With the implementation of Alternative 1, 9 acres of prime agricultural soils will be impacted by, development. A total of 60 acres of Soil Groups 1-4 will remain undeveloped. The minimal loss of soils classified as productive agricultural soil is an unavoidable impact. The majority of the soils groups will be preserved and retained for agricultural opportunities under this proposal. 9 The Planning Board finds the following: 1. The landowners,have voluntarily participated in the 80/60 Clustered Conservation Subdivision program. By doing so, the preservation of 95.91+ acres or 85 percent of the combined 112.84 acre parcels through the sale of development rights coupled with a reduction in density(from 42 potential residential lots to 17) contributes to the protection of agricultural soils. 2. • Residential lots are clustered to areas not currently farmed on North Dyer and North Brown parcels. 3. Three residential lots were transferred off of the�South Brown parcel to protect agricultural soils on that parcel. a. The proposed action may sever, cross or otherwise limit access to agricultural land (includes cropland, hayfields,pasture, vineyard, orchard, etc). (Positive Declaration) The subdivision access roads on all parcels have been designed to not sever, cross or limit access to agricultural land, use current unpaved farm roads to form the new access roads where possible and to cluster the lots on North Brown and South Dyer parcels to not interrupt farm management practices. b. The proposed action may result in the excavation or compaction of the soil profile of active agricultural land. The development of seventeen (17) single family residential lots and associated roadways will result in compaction of the soil profile of active agricultural lands. (Positive Declaration) The DEIS included a discussion on the potential loss of agricultural lands/soils and the mitigation which was achieved by the proposed Conservation Subdivision. Due to the reduction in development area the compaction of the,soil profile of active agricultural lands is not significant. c. The proposed action may irreversibly convert agricultural land to non-agricultural uses, either more than 2.5 acres if located in an Agricultural District, or more than 10 acres if not within an Agricultural District. South Dyer, North Brown and South Brown are listed in an Agricultural District. The proposed action would irreversibly convert agricultural lands to non-agricultural (residential) use within the district. (Positive Declaration) Planning Board Findings: An assessment on the severity of impacts to the Agricultural District was discussed in the DEIS (2016) and revised DEIS (2018). 10 A total of 5.13 acres within the.Agricultural District will be impacted if a Clustered Conservation Subdivision is developed (3.88 acres on South Dyer and 1.25 acres on South Brown). Consequently, the impact on the Agricultural District is low. d. The proposed action may disrupt or prevent installation of an Agricultural Land Management System: (Positive Declaration) South Dyer, North Brown and South Brown parcels are all actively farmed. The DEIS includes a discussion on the impacts and/or mitigation(if any) which resulted from the proposed Conservation Subdivision. The Planning Board is encouraging the applicant to utilize Agricultural Stewardship Programs that are currently implemented by Suffolk County and the Cornell Cooperative Extension of Suffolk County to improve agricultural BMPs by reducing the amounts of nitrogen and pesticides reaching ground and surface waters to the greatest extent practicable. More information on the New York State AEM program can be found at: http://www.nys-soilandwater.org/aem/index.html. e. The proposed action may result, directly or indirectly, in increased development potential or pressure on farmland. (Positive Declaration) The Planning Board finds that the proposed 80/60 Clustered Conservation Subdivision will not significantly increase development potential or pressure on farmland. f. The proposed project is not consistent with the adopted municipal Farmland Protection Plan. (Positive Declaration) Consistency with the Southold Town Farm and Farmland Protection Strategy(2000) and Community Preservation Project Plan(2008) was discussed in the DEIS. The action will remove acreage from the Town's total available agricultural lands, however,the area removed is not significant in area. The 80/60 Clustered Conservation Subdivision proposed'is consistent with the intent of both the Towns' Farmland Protection Strategy and the Community Preservation Project Plan. 2. Erosion 'The loss of topsoil through erosion when the soil is exposed is possible during construction. (Positive Declaration) The following will be required to mitigate the potential of erosion impacts and sedimentation due to construction activity: 1. Clearing and grading will be scheduled to minimize the size of exposed soil areas and the length of time area's are exposed. 11 2. Limits of clearing will be established on North Dyer, North Brown and South Brown and staked. 3. Sediment barriers (silt fence) will be installed in critical areas for erosion control purposes including the down-slope limit of all cleared/graded areas. No sediment from the site will be permitted to wash onto adjacent properties, surface waters or roadways. 4. Existing vegetation on North Dyer,North Brown and South Brown to remain will be protected and remain undisturbed during construction. 5. Erosion control measures will remain in place until disturbed areas are permanently stabilized: 6. A stabilized construction entrance will be maintained to prevent soil and loose debris from being tracked onto adjacent roadways. 7. Paved areas and drainage system will be cleaned and flushed out as necessary to remove any silt and debris. 8. Non disturbance Buffers - A 100' wide non-disturbance, vegetated buffer from the top of bluff landward shall be required on North Dyer and North Brown as depicted on the filed plat. In consideration of the required mitigation specified above, adverse impacts on Agricultural 'Resources are low. 7. Impacts on Plants and Animals The proposed action may result in a reduction or degradation of habitat used by rare, threatened or endangered species, as listed by New York State or the Federal Government and other wildlife through the clearing on woodland on North Dyer and North Brown parcels to site lots and construct access road and clearing of treed windbreaks on North Brown. The Planning Board finds the following: 1. A total of 95.91+/- acres of open space to beset aside as open space (80 percent of the site) will contribute to preserving plant species and providing wildlife habitat. 2. A 100' wide non-disturbance, vegetated buffer from the top of bluff is required on North Dyer and North Brown parcels preserving plants and wildlife. 3. Clearing limits are required on lots that contain existing vegetation. 4. Clearing for construction shall occur between November Is`and May 31Stto minimize impacts to wildlife. 5. Existing trees on the edges of the natural areas and open fields with high wildlife value, such as oak species, will be preserved to the greatest extent practicable and if they will not interfere with necessary farming, grading and drainage. 12 6. Windbreaks to provide wildlife habitat shall be preserved on North Brown where possible. 7. The preservation of protected species shall be achieved by the following: The Eastern Box Turtle, as a New York State-listed species of Special Concern, requires some measure of protection to ensure that the species does not become threatened. Species of special concern are protected wildlife pursuant to Environmental Conservation Law section 11-0103(5)(c). To minimize the loss of Eastern Box Turtles on the North Dyer and North Brown parcels, any clearing at the site scheduled from April 15 through October 15 will be preceded by wildlife sweeps following the protocol below: a. Prior to the commencement of any vegetative clearing activity, temporary turtle barriers shall be installed around the limits of work and pre-construction turtle surveys must be conducted during appropriate weather conditions. Turtle barrier design specifications will be provided by the Lead Agency, however they are basically the same as silt fencing(without hay bales), and can likely serve both purposes. b. Installation of the temporary turtle barriers must minimize vegetation disturbance. No clearing may occur outside the Limits of Work. c. The bottom of the silt fencing-must be buried in a 4-6 inch deep trench. The trench must be backfilled and compacted. If it is not possible to dig a trench, then the bottom of the barrier must be affixed to the surface. d. The silt fencing must be composed of at least 21/2 feet of vertical barrier above ground. Once installed, the barrier shall be taut between the stakes. Slumps or loose materials will undermine the effectiveness otthe barrier.No hay bales or other backing material shall be used. e. The limits of work must be encircled completely by the silt fence to exclude turtles from entering the area, but able to be opened for equipment to go in and out during working hours (and closed again at the end of the work day). f. The turtle barrier(silt fencing) should be installed immediately prior to the required survey. g. Turtle barriers may not be removed from the site until that phase of the project is complete and is stabilized by vegetation. h. Timing of survey i. The survey for Eastern Box Turtles must be conducted immediately preceding clearing activity. ii. Surveys must be conducted at the time of peak activity for turtles, to the greatest extent practicable and as advised by the herpetologist: i. Any box turtles found during the search will be captured and relocated to an undisturbed area on the property as far from the proposed clearing as possible. j. Documentation and results of the survey must be provided to the Planning Department as soon as possible after completion. 13 8. Northern long-eared bat(Myotis septentrionalis) April 1 to October 31 (Clearing Restrictions) During this period of time,NLEB are active and are within the forested landscape. The following restrictions are required unless a permit is obtained from the DEC: • No cutting of any trees may occur within the 1/4 mile buffer around a hibernaculum. ➢ Please note that if you plan any tree clearing activities within 1/4 mile of a hibernation area for NLEB, you may be required to obtain a permit from the US Fish and Wildlife Service and DEC. • For cutting of trees in occupied NLEB habitat outside of the 1/4 mile buffer around hibemacula or within 1.5 miles of a summer occurrence: The following are restrictions that must be followed for forest management activities at this time of year: o Leave uncut all snag and cavity trees unless their removal is necessary for protection of human life and property. For the purposes of this guidance,protection of human life and property includes removal of trees that, if not removed, could result in the loss of electric service. Snag and cavity trees are defined under DEC Program Policy ONR- DLF-2 Retention on State Forests. o Leave uncut all known and documented roost trees, and any trees within a 150 foot radius of a documented summer occurrence. o Please note that if you plan any tree clearing activities within 150 feet of a summer occurrence for NLEB during June or July, you may be required to obtain a permit from the US Fish and Wildlife Service and DEC. o If any bats are observed flying from a tree, or on a tree that has been cut, forestry activities in the area should be suspended and DEC Wildlife staff notified as soon as possible. If a project cannot follow the restrictions above, a permit from DEC under Part 182 would be required. November 1 to March 31 (Clearing can occur) During this period of time, the NLEB are inactive and are within the hibernation sites. • No cutting of any trees may occur within the 1/4 mile buffer around a hibernation site. • No activities that may result in disturbance to a hibernation site including,but not limited to, actions that would alter the hydrology, increase noise or introduce fill may occur. 14 o Please note that if you plan any development or tree clearing activities within 1/4 mile,of a hibernation area for NLEB, you may be required to obtain a permit from the US Fish and Wildlife Service and the DEC. For cutting of trees outside of the 1/4 mile buffer around hibernacula: o No restrictions, with the following voluntary measures recommended: Leave uncut all known and documented roost trees, and any trees within a 150 foot radius of a documented summer occurrence. ■ Leave uncut all snag and cavity trees unless their removal is necessary for protection of human life and property. For the purposes of this guidance, protection of human life and property includes removal of trees that, if not removed, could result in the loss of electric service. Snag and cavity trees are defined under DEC Program Policy ONR-DLF-2 Retention on State Forests. The NYSDEC contact for the Long Eared Bat is Ms. Michelle Gibbins at(631) -444- 0306. Potential moderate to large adverse impacts to the NLEB will be minimized by avoiding r vegetative clearing during breeding and hibernation seasons. 9. Spring peepers (Pseudacris crucifer) The occurrence of Spring peepers or habitat thereof on site could not be verified by field observations and site analysis. No mitigation to prevent impacts to the species or habitat is proposed. Based on the foregoing, all significant adverse impacts to vegetation and wildlife have been mitigated to the greatest extent practicable. Adverse impacts to plants and animals are low. 8. Land Use, Zoning and Plans Current land use of Orient is residential'and agriculture. The action proposes seventeen(17) new residential lots on four(4) separate parcels. Lots have been clustered to meet the requirements of the Town of Southold Conservation Subdivision 80/60 Program where 80% of buildable lands is required to be preserved and the total yield of a parcel is reduced by 60%. The proposed construction of single family residences and protection of open space do not conflict with the Agricultural Conservation and(AC) and Residential 80 (R-80) Zoning District. The purpose of the zoning district is as follows: 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 15 J 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 action is not in significant conflict with the purpose of the zoning district. One family detached dwelling (single family residences) are 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 in this instance. The Bulk Schedule of the R-80 Zoning District requires 80,000 square foot lots however, when an applicant is proposing to subdivide a parcel equal to or greater than 7 acres; Section 240- Clustering of the Town Code applies and lots are reduced in size (clustered) to less than 80,000 square feet. The reduction in square footage of each lot is proportionate to the.amount of land area required to be preserved and the number of lots (density) proposed. The proposed action is not in conflict with zoning or adopted Town plans. In consideration of the land area proposed to be preserved through the sale of development rights, clustering of lots and other mitigation described, moderate to large adverse impacts to land use or zoning will not occur as a result of this action. 9. Consistency with Community Plans a. The proposed action's land use components may be different from, or in sharp contrast to, current surrounding land use pattern(s). (Positive Declaration) The action being proposed is a 80/60 Conservation Subdivision and, therefore, the expected impacts to land use patterns is low. The action supports the existing land use pattern(s) of mixed agricultural and residential uses in the Town of Southold. 10. Impacts on Archaeological Resources The proposed action may occur wholly or partially within, or substantially contiguous to, any buildings, archaeological site or district which is listed on or has been nominated by the NYS Board of Historic Preservation for inclusion on the State or National Register of Historic Places. The proposed action may occur wholly or partially within, or substantially contiguous to, an area designated as sensitive for archaeological sites on the NY State Historic Preservation Office (SHPO)Archaeological Site Inventory. 16 The proposed action may result in the destruction or alteration of all or part of the site or property on the North Brown,and South Brown parcels. The proposed action may result in the alteration of the property's setting or integrity. Specific impacts may include: 1. Potential disturbance of unknown Native American burial sites on the North Brown parcel. 2. Potential disturbance of sites once inhabited by Native Americans on the South Brown parcel. (Positive Declaration) The Division for Historic Preservation of the Office of Parks, Recreation and Historic Preservation(OPRHP) and the New York's State Historic Preservation Office(SHPO) was contacted early in the subdivision process and a response was received on(March 13, 2015)that the agency concurred with the recommendation that a Phase 1 B archeological investigation is warranted on each of'the four parcels prior to any proposed development that would involve ground disturbance (NYSCRIS). The Phase IB field investigation was recommended by a previous Phase IA documentary study conducted on the property. Based on new information found in OPRHP database, presented at the public,hearing and in consultation with local Native American Tribal Councils, the Planning Board finds the following: North Dyer and South Dyer Archeological sites were not identified as occurring or potentially occurring on the North Dyer or South Dyer parcels. North Brown and South Brown The following conditions shall apply to all and any ground disturbance on the North and South Brown parcels and shall be recorded in the Final Plat resolution, Covenant and Restrictions and Town of Southold inter-departmental Municity database. Ongoing or future agricultural operations and practices shall be excluded from the conditions. North Brown a. A Phase I B cultural survey shall be conducted within the areas identified and flagged during the July 2, 2019 Native American consult and field inspection. No ground disturbance within these areas shall occur prior to completion of the survey and the'findings are published and made available to the Tribal Council of the Unkechaug Indian Nation, the Shinnecock Indian Nation and any and all parties who wish to receive a.copy. b. Agricultural operations or practices conducted in the open space areas as shown on the Final Plat are excluded from the above conditions. 17 South Brown a. A Phase II investigation to evaluate the site for eligibility for listing in the State National Registration of Historic Places shall be conducted by the landowner or future landowners prior to any ground disturbance. b. A Phase IB archaeological survey of the proposed route of the driveway to Lot I shall be conducted by the landowner or future landowners prior to any ground disturbance. c. Agricultural operations or practices conducted in the open space areas as shown on the Final Plat are excluded from the above conditions. The potential occurrence of Native American burial grounds or individual burial pits where the residential lots are located on the North Brown parcel and the known burial sites that occur in the Browns Hills subdivision to the east supports the relocating of the access road from the east side of the North Brown parcel to the west side of the parcel. With the relocation, the consolidation of curb cuts or merging with the access serving SCTM# 1000-18-3-9.2 (vacant) is recommended. The relocation of residential lots from South Brown or South Dyer to the North Brown parcel would not avoid or reduce moderate to large adverse impacts to potential Native American archaeological sites and therefore, such relocation is not recommended. All known archeological resources will be preserved to the greatest extent practicable under New York State Law. Orient Historic District The proposed action may result in the introduction of visual elements which are out of character with the Orient Historic District, or may alter its setting or character or properties listed in the New York State National Registers of Historic places (SINRHP)from the future development of the North Dyer and South Dyer parcels including the construction of single family residential structures and accessory buildings not in conformance with the scale, mass, architecture or overall character of the District. (Positive Declaration) Chapter 170 Landmark Preservation of the Southold Town Code establishes the review of certain actions within the Town's Historic Districts by the Town Historic Preservation Commission. The proposed lots on South Dyer are not located within the Town of Southold's adopted Orient Historic District boundary and therefore review of future single family residences is not required. The review of the future single family residences within the Orient Historic District will be accomplished by the OPRHP to the Standards for Preservation found at the link: https://www nps gov/Tps/standards/four-treatments/treatment-rehabilitation.htm The Planning Board is requiring the following condition to be recorded within a Covenant and Restriction. 18 1. Plans including site plans and elevation plans for all structures proposed to be constructed on South Dyer shall be submitted to the Senior Historic Site Restoration Coordinator, NYS Division of Historic Preservation of the Office of Parks, Recreation and Historic Preservation for review and comment prior to construction. In consideration of the work completed to assess the presence or absence of Native American sites and potential adverse impacts to cultural resources and the required mitigation outlined; significant, adverse impacts to known historic and archaeological resources are not anticipated. 11. Impacts on Aesthetic Resources a. Proposed action may be visible from any officially designated federal, state, or local scenic or aesthetic resource. Positive Declaration b. The action may impact scenic view sheds identified(in public testimony) as important to the community. Positive Declaration Proposed action will be visible from State Route 25, A New York State Designated Byway and Orient Harbor. The property known as South Dyer is south of the State Route 25 a New York State Scenic Byway. The scenic view from the roadway has been identified as important by the community and the property owners. In 2000, the property owners placed a term scenic easement on the property which recognized the scenic importance. The action proposes to construct five (5) single family residential homes on the parcel. The potential impact from the siting and scale of the homes could be moderate to large based on lot size. Positive Declaration All four parcels are located north and south of NYS Route 25, a designated scenic byway. Impacts to the scenic view shed have been significantly minimized by reducing density, the potential purchase of development rights and by clustering of the residential lots. The applicant in the revised DEIS (2018) agreed to apply Alternative 1 which relocates one residential lot from the South Dyer parcel The 2018 DEIS includes a conceptual layout of the four lots on South Dyer. Lot sizes range from 31,258 square feet to 38,470 square feet. The applicants have stated that future construction of"homes" on each parcel would be in character with existing homes in the Orient Historic District. c. The proposed action may result in the obstruction, elimination or significant screening of one or more officially designated scenic views. Positive Declaration The proposed action will not result in the obstruction, elimination or significant screening of officially designated scenic views from public vantage points. d. The proposed action may be visible from publicly accessible vantage points. Positive Declaration 19 The proposed four lots located on South Dyer and North Dyer will be visible seasonally and year round by travelers using NYS route 25. On South Dyer, the four lots are clustered to the east and adjacent to existing development to minimize obstruction of the scenic view shed east and south over South Dyer from NYS Route 25. The remaining and currently farmed area(15.55 acres) is proposed to have development rights sold. Lots will not be visible from NYS Route 25 on the North Brown or South Brown parcels. On the South Brown parcel a single family residence would be visible from Narrow River Road, however, the structure is significantly set back from the road and is expected to not be obtrusive. e. The situation or activity in which viewers are engaged while viewing the proposed action. Positive Declaration The South,Dyer and North Dyer parcels will be visible by routine travel by residents, including travel to and from work and recreational or tourism based activities on NYS Route 25,Narrow River Road and Orient Harbor. f. The proposed action may cause a diminishment of the public enjoyment and appreciation of the designated aesthetic resource. Positive Declaration The preservation requirement of the Conservation Subdivision program and subdivision process requires that scenic quality is considered in desigWas a secondary conservation area. Mandatory clustering of lots achieves a continuous area of"open space" in most cases unless extenuating circumstances are presented. Residential lots are not located against NYS Route 25 and are set back to leave"open space" areas in the view sheds from NYS Route 25 across the parcels. Planning Board Findings: 1. The lots will be clustered to not interrupt or obstruct the scenic view shed from NYS , Route 25 and Orient Harbor. 2. Land area upon which development rights are sold will be designed to achieve maximum scenic quality. 3. The proposed action does not propose to alter or demolish any existing building on or off site. Future construction of residences on North Brown, South Brown or North Dyer will not significantly impact properties on or eligible for inclusion in the National or State Register of Historic Places. 4. The proposed residential use is compatible with and does not conflict with the r existing historic, neighborhood setting of the hamlet of Orient and the Orient Historic District. The South Dyer property is zoned Residential 80 (R-80) and the properties to the north, west and south are also zoned R-80 and Residential 40 (R-40). 20 5. The DEIS indicates that future construction of single family residences and accessory buildings will meet zoning of the R-80 district and include architecture compatible with the character of existing homes found within the Orient Historic District on South Dyer. The proposed action is not expected to result in moderate to large impacts to aesthetic resources. 12. Impacts on Critical Environmental Areas a. The proposed action may result in a reduction in the quality of the resource or characteristic which was the basis for designation of the CEA. Portions of the South Dyer parcel are located within a NYSDEC Critical Environmental Area (Peconic Bays and Environ). Positive Declaration The proposed 80/60 Clustered Conservation Subdivision design on South Dyer will not result in moderate to large impacts to a NYSDEC Critical Environmental Area(CEA). The continued operation of the aquaculture operations provides benefit to the water quality and biodiversity of the CEA. Adverse impacts to the Critical Environmental Area are low. r 13. Consistency with Community Character a. The proposed action may create a demand for additional community services (e.g. schools,police and fire). Positive Declaration The DEIS states that if all 17 lots were developed as year round occupancy, the total increase in population would likely be about 37-41 people, based on the average household size of Orient and Southold Town, respectively. This represents a 5-6% increase versus the 709 people living in Orient in 2000, but would be 8% below the 817 people in 1990. For the Town of Southold the increase would be 0.2%versus the 2000 census (pg. 31). Due to the aging population of Orient residents, the class size of the Orient Union Free School District is low. The introduction of school aged students to the population would be beneficial for the system. Public safety will be provided by both the Southold Police Department and the Orient Fire Department. Education for school aged children will be provided by the Oysterponds Union Free School District. Coordination with the Orient Fire District to determine if fire protection is adequate has been conducted and the following comments received: 21 1. Prior to building on any of the parcels except South Brown'(]000-18-6-17.3), the Fire District requires that the subdivision have either a 10,000 gallon per minute draft well with a maximum 15'depth to water. Any wells over 15' depth to water must be electric. There must be 15' area of access around the tank or well. Installation should be placed as noted on the attached Sketch Plans. 2. The Fire District must be contacted for specifics on well or tank fittings. 3. All parcels except South Brown must have larger sized cul-de-sac end of road turn-arounds, at least 25'wide to allow fire truck access and turn around space. 4. All roads must be maintained to have 15'by 15'clearance as per Town Code Moderate to large impacts to community services are not expected as a result of constructing 17 single`family residences. b. The proposed action is inconsistent with the predominant architectural scale and character. The applicant has revised the DEIS submitted in 2019 to include Alternative 1; re- locating one lot from South Dyer to North Dyer. This would result in four lots proposed on South Dyer. The final location of the one lot transferred to North Dyer is not known at this time. .The applicant has discussed a small lot area adjacent to NYS Route 25 in the southeast corner of the parcel. If this'area is the final location, the NYS'Division of Historic Preservation of the Office of Parks requested that they have the opportunity to review the proposed placement. On South Dyer residential homes would not obstruct, eliminate or significantly screen the view from NYS Route 25 or Orient Harbor due to mandatory clustering of the lots. Furthermore on North Dyer, only two of the six house lots are visible from NYS Route 25. The remaining four are set back from the road. The Planning Board is requiring that the architectural style of the future single family residences proposed on South Dyer is , reviewed by the OPRHP. The purpose of the review is to insure compatibility with the existing scenic character as related to architectural scale and character. The character of North Dyer,North Brown and South Brown is preserved through subdivision design. On the North Brown and South Brown parcels the proposed lots are not visible from NYS Route-25-so there would be no adverse impact to the scenic character. A single family residence constructed on South Brown would be visible from Narrow River Road, however, the impact to the view shed would be low. Moderate to large adverse impacts to architectural scale and character will not occur as a result of this action. 22 The Planning Board finds that: 1. The proposed action is an 80/60 Clustered Conservation Subdivision thereby reducing and minimizing moderate to large adverse impacts to community character. 2. On South Dyer 80 percent of buildable lands or 15.55 acres will be required to be preserved to protect the scenic character of active agriculture and open space (Orient harbor). Development will be restricted to 20 percent bf the buildable lands including the area occupied by Latham's Farm Stand. 3. Residential lots are clustered in the east of the parcel adjacent to existing development and within the Orient Historic District. This design forms a contiguous block of agricultural soils and farmland. 4. Future build out of lots (including architecture and scale) on South Dyer and North Dyer (if lot is located adjacent to the Orient Historic District) will require review by the Senior Historic Site Restoration Coordinator,NYS Division of Historic Preservation of the Office of Parks, Recreation and Historic Preservation and the Town Southold Historic Preservation Commission. 5. Road specifications will be modified on North Dyer, South Dyer and North Brown with approval from the Town of Southold Highway Superintendent to lessen impacts to community character. 6. On North Brown the subdivision access road shall be relocated from the east Property boundary to the west property boundary to protect the community character. Curb cuts shall be consolidated where possible. r The proposed action will not result in moderate to large adverse impacts to community character. 14. Alternatives Alternative 1. Move One Lot from South Dyer Alternative 1 has been offered by the landowner and is required to be incorporated within the subdivision design. One lot will be relocated-from South Dyer parcel to the North Dyer parcel. The relocation of the lot mitigates moderate to large adverse impacts to agricultural soils, active farmland, groundwater and surface waters, designated scenic byways and scenic view sheds important to the community. The relocation of one lot may also minimize adverse impacts to the Orient Historic District. Alternative 2. No Action Alternative Based on the forgoing discussion of the impacts and proposed and required mitigation;the no action alternative is not being pursued. The landowners have proposed an 80/60 Clustered Conservation Subdivision meeting many of the Town goals. 23 Alternative 3. Development of a Standard Subdivision This alternative will not be pursued to develop a standard subdivision on the four parcels. A standard subdivision would result in greater residential density, less land preserved and greater impact on the environment and to the Orient peninsula. Alternative 4. Alternative Wastewater Management Systems The revised DEIS submitted in 2018 included a fourth alternative that discussed the effectiveness and costs of I/A OWTS. The Planning Board is requiring the installation of I/A OWTS or similar technology on all residential lots. The system is not currently specified. Cumulative Impacts No significant, adverse cumulative impacts have been identified. 24 OFFICE LOCATION: MAILING ADDRESS: Town Hall Annex �qf SO(/jP.O. Box 1179 54375 State Route 25 ��� OlO Southold, NY 11971 (cor.Main Rd. &Youngs Ave.) Southold, NY � l�[ Telephone: 631 765-1938 www.southol dtownny.gov �yCOUNTY,� PLANNING BOARD OFFICE TOWN OF SOUTHOLD November 8, 2019 Michael Kimack P.O. Box 1047 Southold, NY 11971 Re: Duffy Standard Subdivision - Conditional Final 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, November 4, 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 Approval upon the application; and WHEREAS, on October 26, 2018, the applicant submitted a Preliminary Plat application and fee; and t Duffy Standard Subdivision Page 12 November 8, 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 May 6, 2019, the Planning Board from this application consistent with the policies of the LWRP; and Duffy Standard Subdivision Page 13 November 8, 2019 WHEREAS, on May 6, 2019, the Planning Board granted a Conditional Preliminary Plat Approval upon the application; and WHEREAS, 'on June 26, 2019, the applicant submitted a draft Final Plat for review; and WHEREAS, on September 6, 2019, the applicant submitted a Final Plat application fee and the administration fee; and WHEREAS, on September 9, 2019, the Planning Board found the Final Plat application complete; and WHEREAS, on September 23, 2019, the Planning Board reviewed and accepted draft covenants and restrictions and required clarification on the Final Plat; WHEREAS, on October 7, 2019, the applicant submitted a corrected Final Plat and accepted the draft covenants and restrictions; and WHEREAS, on November 4, 2019, at their work session, the Planning Board required that permanent reference monuments be installed on the property prior to the issuance of any Building Permits to fulfill the requirements of§240-31 Purpose of performance bond; and WHEREAS, on November 4, 2019, at their Work Session, the Southold Town Planning Board determined that the proposed action meets all the necessary requirements of Town Code §240-21 for a Final Plat application; be it therefore RESOLVED, that the Southold Town Planning Board hereby grants a Conditional Final Plat Approval upon the map entitled, "Final,Plat for Duffy Standard Subdivision," prepared by Kenneth Woychuk, Land Surveyor, dated August 1, 2015, and last revised June 25, 2019, with the following conditions: 1. Submit 12 paper copies & 4 Mylars of the Final Plat to include the following; a. The note that covenants and restrictions with their Liber & Page are on file with the Suffolk County Clerk's Office; b. A stamp of approval from the Suffolk County Department of Health Services.- 2. Submit an additional $250 to meet the required Park and Playground Fee §240-53 G. of the Southold Town Code; 3. Install permanent reference monuments as shown on the Final Plat, and-as required through §240-41 Mapping of completed improvements, monuments, 4. Obtain approval from the Suffolk County Department of Health Services for this subdivision proposal; .Duffy Standard Subdivision Page 14 November 8, 2019 5. File the covenants and restrictions in the Office of the Suffolk County Clerk. The next step to continue towards Final Plat Approval is to meet all conditions stated above. Conditional Final 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 fulfill the conditions of the Conditional Final Plat Approval prior to the expiration date, the documents required by this section shall be re-submitted and a second Final Plat Fee shall be paid before a 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 AnnexP.O. Box 1179 54375 State Route 25 �O��OV So(/jyQlO Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) Southold, NY Telephone: 631 765-1938 www.s outholdtownny.gov QUM�� PLANNING BOARD OFFICE TOWN OF SOUTHOLD November 8,, 2019 Francis'J. Yakaboski 1668 Sound Avenue Calverton, NY 11'933 Re: Re-issue Final Plat Approval for 702 Wiggins Lane Resubdivision 702 Wiggins Lane, Greenport, NY SCTM#1000-35.-4-28.36 Zoning District: R-40 Dear Mr. Yakaboski: The Southold Town Planning Board adopted the following resolutions at a meeting held on Monday, November 4, 2019: WHEREAS, this proposal is for the resubdivision of SCTM#1000-35.-4-28.36, a 13,789 sq. ft. parcel of upland, to add 6,331 sq. ft. of underwater lands of Fordham Canal, as created by-deed transfer. This parcel is located in the R-40 Zoning District, +/- 1000' southeast of the intersection of SR 25 and Wiggins Lane, Greenport; and WHEREAS, on February-25,.2019, the Zoning Board of Appeals recognized the current configuration of this tax lot in their determination to grant an area variance in File #7242; and WHEREAS, on February 27, 2019, the applicant submitted a resubdivision application for review by the Southold Town Planning Board; and WHEREAS, on April 8, 2019, the Planning Board granted Final Plat Approval upon the resubdivision application; WHEREAS, the application has missed the 62-day period to file the deeds with the Suffolk County Clerk's Office, and the Planning Board Final Plat Approval expired; and WHEREAS, on October 21, 2019, the applicant requested by letter that the Planning Board re-issue a Final Plat Approval of the resubdivision application in order to file deeds and complete the transfer of land; and 702 Wiggins Lane Resubdivision [2] November 8, 2019 WHEREAS, on November 4, 2019, at their work session, the Planning Board agreed to re-issue a Final Plat Approval upon this application; therefore be it RESOLVED, that the Southold Town Planning Board grants a Final Plat Approval with one condition upon the plan entitled, "Survey of Property, Greenport," dated February. 22, 2019, prepared by Nathan Taft Corwin III, Land Surveyor and authorizes the Chairman to endorse the map after the deeds are filed. A copy of the endorsed map will be kept on file at the Southold Town Planning Department. Condition: 1. Submit a copy of the recorded deed to the Southold Town Planning Department within 62 days of the date of this resolution or such approval shall expire and be null and void. If you have any questions regarding the above, please contact this office at 631-765- 1938. Respectfully, (� Donald J. Wilcenski Chairman cc: Assessors Building Department OFFICE LOCATION: MAILING ADDRESS: Town Hall Annex ��� SOP.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`1,� PLANNING BOARD OFFICE TOWN'OF SOUTHOLD November 8, 2019 Mr:,Daniel Pennessi 1450 South Harbor Road Southold, NY 11971 Re: SEAR Classification & Set Hearing — Croteaux Farm Vineyard & Winery 1450 South Harbor Road, Southold SCTM#1000-75.-7-1.4 Dear Mr. Pennessi: The following resolutions were adopted at a meeting of the Southold Town Planning Board on Monday, November 4, 2019: WHEREAS, this site plan is'for an existing winery including ±4,833 sq. ft. of existing winery buildings,-a 3,900 sq. ft. residence, 800 sq. ft. garage and 75 parking stalls pursuant to a stipulation of settlement. The winery includes two parcels totaling 14.06 acres of which 10.61 acres are planted with grapes in the A-C Zoning District, Southold; WHEREAS, the Southold Town Planning Board, pursuant to State Environmental Quality Review Act (SEQRA) 6 NYCRR, Part 617.5 (c), determined that the proposed action is a Type II Action as it falls within the following description for 6 NYCRR, Part 617.5(c)(3) agricultural farm management practices, including construction, maintenance and repair of farm buildings and structures, and land use changes consistent with generally accepted principles of farming. The action is for a winery farm operation; be it therefore RESOLVED, that the Southold Town Planning Board has determined that this proposed action is a Type If Action under SEQRA as described above; and be it further RESOLVED, that the Southold Town Planning, Board sets Monday, December 2, 2019 at 6:01 p.m. for a Public Hearing regarding the Site Plan entitled "Croteaux Vineyards" prepared by Thomas R. Pedrazzi, dated October 23, 2019. Croteaux Farm Vineyard & Winery Page 2 November 8, 2019 The public hearing packet regarding the Town's notification procedure and the sign & post will need to be picked up at the Planning Board Office at the Southold Town Annex when you are contacted to do so. Please return the Affidavit of Posting/Mailing, included in the packet, along with the certified mailing receipts AND the signed green return receipt cards before 12:00 noon on Friday, November 29, 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 Encls. OFFICE LOCATION: MAILING ADDRESS: Town Hall Annex *QF SU(/rP.O. Box 1179 54375 State Route 25 �0� Ol0 Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) Southold, NY J�[ [ Telephone: 631 765-1938 www.s outholdtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD November 8, 2019 Mr. Martin Kosmynka P.O. Box 946 , Cutchogue, NY 11935 Re: SEAR Classification & Set Hearing — Oregon Warehouse Storage 11900 Oregon Road, Cutchogue SCTM#1000-83.-3-5.3 Zoning District: Light Industrial (LI) Dear Mr. Kosmynka: The following resolutions were adopted at a meeting of the Southold Town Planning Board on Monday, November 4, 2019: WHEREAS, this site plan is for the proposed construction of a ±69,360 sq. ft. self- storage facility, and includes the construction of six (6) storage buildings: three 12,000 sq. ft. 1-story buildings, two 11,880 sq. ft. 1-story buildings, and one 9,600 sq. ft. 1-story building. Also included is the conversion of an existing 797 sq. ft. garage to an office, an existing dwelling to remain, and 20 proposed parking stalls all on 5.7 acres in-the Light Industrial Zoning District; and WHEREAS, the Southold Town Planning Board, pursuant to State Environmental Quality Review Act (SEQRA) 6 NYCRR, Part 617, has determined that the proposed action is an Unlisted Action as it does not meet any of the thresholds of a Type I Action, nor does it meet any of the criteria on the Type II list of actions; be it therefore RESOLVED, that the Southold Town Planning Board has determined that this proposed action is an Unlisted Action under SEQRA as described above; and be it further RESOLVED, that the Southold Town Planning Board sets Monday, January 13, 2020 at 6:01 p.m. for a Public Hearing regarding the Site Plan entitled "Oregon Warehouse Storage", prepared by Kenneth H.-Beckman, L.S., submitted to the Planning Board October 28, 2019. Oregon Warehouse Storage Page 2 November 8, 2019 The public hearing packet regarding the Town's notification procedure and the sign & post will need to be picked up at the Planning Board Office at the Southold Town Annex when you are contacted to do so. Please return the Affidavit of Posting, included in the packet, along with the certified mailing receipts AND the signed green return receipt cards before 12:00 noon on Friday, January 10, 2020. 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 Encls.