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HomeMy WebLinkAboutPBA-02/10/2020OFFICE LOCATION: Town Hall Annex 543'75 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631765-1938 www. southoldtownny.gov RECEIVED Tl FCB 1 02 e 3,30 SdAthold Town Clerk ± MEMORANDUM r To: ` `Elizabeth A. Neville, Town Clerk From: Jessica Michaelis, Planning Department Date: February 12, 2020 Re: February 10; 2020 Planning Board Public Meeting Attached please find the Final Agenda and Approved Resolutions from the February 10, 2020 Planning Board Public Meeting. A Records Transmittal Form has been submitted to Records Management. OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY PLANNING BOARD OFFICE TOWN OF SOUTHOLD PUBLIC MEETING AGENDA February 10, 2020 6:00 p.m. Southold Town Meeting Hall MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 www.southoldtownny.gov RECEIVED ;1C W E E B 13 2020 6? S `30 So hold Town Clerk,, w SETTING OF THE NEXT PLANNING BOARD MEETING, Board to set Monday, March 9, 2020 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. _ __._.._ —71 SUBDIVISION"APPLICATIONS ry_ Final Plat Determination: Baker & Baker Resubdivision — This resubdivision proposes to reconfigure the location and direction of the lot line separating SCTM#1000-10.-5-10 & 12.3, including a transfer of 5 sq. ft. from SCTM#1000-10.-5-10 to SCTM#1000-10.-5-12.3, in the R-120 Zoning District. As a result of this resubdivision, Lot 10 will total 127,942 sq. ft. and Lot 12.3 will total 64,360 sq. ft. which is undersized in the R-120 Zoning District. This parcel is located at 1143 Peninsula Road, Fishers Island. SCTM#1000-10-5-10 & 12.3 Final Plat Extension: Gonzalez Standard Subdivision — This proposal is for the standard subdivision of a 4.29 -acre parcel into two lots, where Lot 1 is 2.07 acres and Lot 2 is 2.22 acres in the R-80 Zoning District. This parcel is located at 2050 Platt Rd (+/- 1,830' south of S.R. 25), Orient. SCTM#1000- 27.-1-9 Southold Town Planning Board Page 12 February 10, 2020 Set Hearing: Zupa & Paradise Point HOA Resubdivision — This resubdivision proposes to transfer 5,240 sq. ft. from SCTM#1000-81.-1-16.7, the residential parcel, to SCTM#1000-81.-3- 29, the road parcel, in order to provide one contiguous common access to the docks owned by the Paradise Point Association. As a result of this re -subdivision, SCTM#1000-81.-1-16.7, will decrease from 75,533 sq. ft. to 70,293 sq. ft., and SCTM#1000-81.-3-29 will increase from 20,512 sq. ft. to 25,752 sq. ft. The Zoning Board of Appeal approved of the undersized lot area in variance File: 7186. This parcel is located at 580 Basin Road, +/- 500 ft. west of Paradise Point Road, in the R-80 Zoning District, Southold. SCTM#1000-81-1-16.7 & 1000-81-3-29 STATE ENVIRONMENTAL QUALITY REVIEW ACT Type Classification: Zupa & Paradise Point HOA Resubdivision — SCTM#1000-81-1-16.7 & 1000-81-3-29 STATE ENVIRONMENTAL QUALITY REVIEW ACT Determination: Mazzoni Standard Subdivision — This proposal is for a Standard Subdivision of a 22.94 acre parcel into 5 lots where Lot 1 = 2.17 acres, Lot 2 = 1.78 acres, Lot 3 = 2.14 acres, Lot 4 = 0.73 acres, Lot 5 = 16.15 acres inclusive of a 1.14 acre right-of-way, 8.58 acres of Open Space and 6 acres of a Conservation Easement held by the Peconic Land Trust (PLT) located in the R-80 Zoning District. The property is located at 500 Soundview Drive, approximately 782' to the north of NYS Route 25 and 256' to the east of Sound View Drive, Orient. SCTM#1000-13-2-8.2 Refund Application Fee: Zupa & Paradise Point HOA Resubdivision — SCTM#1000-81-1-16.7 & 1000-81-3-29 SITE"PLAN i4PPLICATI®N� Set Hearings: Strong's Storage Buildings — This Site Plan is for the proposed construction of two (2) buildings for boat storage, one at 52,500 sq. ft. and the other at 49,000 sq. ft., located on 32.6 acres in the MII and R-80 Zoning Districts where there is 69,245 sq. ft. of existing boatyard buildings. The property is located at 3430 Mill Road, Mattituck. SCTM#1000-106-6-13.4 Eastern Long Island Iampground Amended — This amended site plan is to replace 33 existing tent sites with the proposed construction of 20 seasonal cabins at 450 sq. ft. each and a 600 sq. ft. pavilion as part of an existing campground on 23.32 acres in the RR Zoning District, Greenport. The property is located at 64500 CR 48, Greenport. SCTM#1000-40-3-5 Southold Town Planning Board Page 13 February 10, 2020 STATE ENVIRONMENTAL QUALITY REVIEW ACT -Type Classifications: Strong's Storage Buildings — SCTM#1000-106-6-13.4 Litigation - Stipulation of Settlement: Cell Tower at Laurel Stone — This proposed Site Plan is for a 120' tall wireless telecommunications facility monopole for one Verizon section 110'-1 20'a.g.l. and two AT&T antenna sections 90'- 11 0'a.g.l. and three (3) empty 10' sections for possible future co -location (all concealed within the pole), along with a 2,500 sq. ft. area for proposed associated ground equipment. There are ±5,078 sq. ft. of existing buildings including a stone supply yard and associated accessory structures, all on 1.6 acres in the General Business Zoning District. The property is located at 7055 Route 25, Mattituck. SCTM#1000-122-6-35.4 PUBLIC HE°ARI:NGS ' ..._ HEARINGS HELD OVER Baker & Baker Resubdivision — This resubdivision proposes to reconfigure the location and direction of the lot line separating SCTM#1000-10.-5-10 & 12.3, including a transfer of 5 sq. ft. from SCTM#1000-10.-5-10 to SCTM#1000-10.-5-12.3, in the R-120 Zoning District. As a result of this resubdivision, Lot 10 will total 127,942 sq. ft. and Lot 12.3 will total 64,360 sq. ft. which is undersized in the R-120 Zoning District. This parcel is located at 1143 Peninsula Road, Fishers Island. SCTM#1000-10-5-10 & 12.3 Fishers Island Airport Hangar — This Site Plan is for the proposed construction of a 4,200 sq. ft. aircraft hangar and ±13,790 sq. ft. of paved access and tarmac area at an existing airport on 192 acres in the R-400 Zoning District. The property is located on Whistler Avenue, Fishers Island. SCTM#1000-12-1-18 Pederson Standard Subdivision — This proposal is for the Standard Subdivision of a 9.2 -acre parcel into 3 lots, where Lot 1 is 5.1 acres, Lot 2 is 2.3 acres, and Lot 3 is 1.8 acres, in the R-40 Zoning District. This parcel is located south of the intersection of Aquaview Avenue and Circle Drive in East Marion. SCTM#1000-21-3-15 PUBLIC HEARINGS 6:01 p.m. - Peconic Landing Amended - Duplex Conversions (5) — This amended site plan is for the proposed conversion of five (5) existing 1 -story single-family dwellings (units #1, 9, 20, 60, 68, 74) to two dwellings with no expansion of living area and no basement, 4 parking stalls on a Hamlet Density (HD) and R-80 split zoned parcel totaling 143 acres. The property is located at 1205 Route 25, Greenport. SCTM#1000-35-1-25 Southold Town Planning Board Page 14 February 10, 2020 e 6:02 p.m. - Mattituck-Laurel Library Amended (Parking Lot) — This proposed amended site plan is to increase the existing parking area by 24 spaces, from 34 spaces to 58 spaces (including 5ADA) on 1.5 acres in the RO/R-40 Zoning District. This property is located at 13900 Route 25 in Mattituck. SCTM#1000-114-11-2 6:03 p.m. - Harold R. Reeve & Sons, Inc. Standard Subdivision.— This proposal is for a Standard Subdivision of a 5.1 acre split -zoned parcel into 4 lots where Lots 1-3 equal 1 acre each in the R-40 Zoning District and Lot 4 equals 1.8 acres located in both the R-40 and LB Zoning Districts. The property is located at 1605 Wickham Avenue, on the n/s/o County Road 48, approximately 190' w/o Wickham Avenue, in Mattituck. SCTM#1000-140-1-6 4` _APPROVAL;OF:.P,LANNING BOARD.MINUTES.u� �_;Mi • January 13, 2020 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 www.southoldtownny. gov THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN PLANNING BOARD ON FEBRUARY 10, 2020: RESOLVED, that the Planning Board of the Town of Southold hereby ratifies the Stipulation of Settlement in the litigation entitled "Elite Towers, L.P. and the Mattituck Fire District v. The Town of Southold and the Planning Board of the Town of Southold" OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY February 11, 2020 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Mr. Stephen L. Ham, III, Esq. Matthews & Ham 38 Nugent Street Southampton, NY 11968 MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 www.southoldtownny. gov Re: Public Hearing - Baker & Baker Resubdivision Located at 1143 Peninsula Road, Fishers Island SCTM#1000-10.-5-10 & 12.3 Zoning District: R-120 Dear Mr. Ham: A Public Hearing was held by the Southold Town Planning Board on Monday, February 11, 2020 regarding the above -referenced application. The Public Hearing was closed. If you have any questions regarding the above, please contact this office. Respectfully, e�d�)D'Q Donald J. Wilcenski Chairman OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NYjig February 11, 2020 7 pF SOUr�o PLANNING BOARD OFFICE TOWN OF SOUTHOLD . Mr. John Mealy MBB Architects t 48 West 37th Street, 14th Floor New York, NY 10014 Re: Public Hearing — Fishers Island Hangar Airport Drive, Fishers Island SCTM#1000-12.-1-18 MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 www.southoldtownny.gov Dear Mr. Mealy: A Public Hearing was held by the Southold Town Planning Board on Monday, February 10, 2020 regarding the above -referenced application. The Public Hearing was closed, with the record held open for written comments until Monday, February 24, 2020. If you have any questions regarding the above, please contact this office. Respectfully, Donald J. Wilcenski Chairman OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY February 11, 2020 Mr. Christopher Sepp 1300 Walt Whitman Road Melville, NY 11747 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 www. southoldtownny. gov Re: Public Hearing - Mattituck-Laurel Library Amended Site Plan (Parking Lot) 13900 Route 25, Mattituck SCTM#1000-114-11-2 Dear Mr. Sepp: A Public Hearing was held by the Southold Town Planning Board on Monday, February 10, 2020 regarding the above -referenced application. The Public Hearing was closed, with the record held open for written comments until Monday, February 24, 2020. If you have any questions regarding the above, please contact this office. Respectfully, Donald J. Wilcenski Chairman OFFICE.LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY February 11, 2020 Charles R. Cuddy, Esq. P.O. Box 1547 Riverhead, NY 11901 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 www.southoldtownny.gov Re: Public Hearing - Peconic Landing Amended Duplex Conversions 1500 Brecknock Road, Greenport SCTM#1000-35.-1-25 Dear Mr. Cuddy: A Public Hearing was held by the Southold Town Planning Board on Monday, February 10, 2020 regarding the above -referenced application. The Public Hearing was closed. If you have any questions regarding the above, please contact this office. Respectfully, Donald J. Wilcenski Chairman OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY February 11, 2019 Charles R. Cuddy, Esq. P.O. Box 1547 Riverhead, NY 11901 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 www.southoldtow-nny.gov Re: Public Hearing — Pederson Standard Subdivision South of the intersection of Aquaview Avenue and Circle Drive, East Marion SCTM#1000-21.-3-15 Zoning District: R-40 Dear Mr. Cuddy: A Public Hearing was held by the Southold Town Planning Board on Monday, February 10,202 0 regarding the above -referenced application. The Public Hearing was closed. If you have any questions regarding the above, please contact this office. Respectfully, Donald J. Wilcenski Chairman OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY CA �"/iCOUNTOV,\ PLANNING BOARD OFFICE TOWN OF SOUTHOLD February 11, 2020 Abigail A. Wickham, Esq. P.O. Box 1424 Mattituck, New York 11952 MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 www.southoldtow-rmy.gov Re: Public Hearing — Harold R. Reeve & Sons Inc. Standard Subdivision Located on the n/s/o County Road 48, approximately 190' w/o Wickham Avenue, in Mattituck SCTM#1000-140-1-6 Zoning Districts: R-40 & LB Dear Ms. Wickham: A Public Hearing was held by the Southold Town Planning Board on Monday, February 10, 2020 regarding the above -referenced application. The Public Hearing was closed. If you have any questions regarding the above, please contact this office. Respectfully, Donald J. Wilcenski Chairman OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY February 11, 2020 Charles R. Cuddy, Esq. P.O. Box 1547 Riverhead, NY 11901 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 www. s outholdtownny. gov Re: Extension of Conditional Final Plat Approval — Gonzalez Standard Subdivision Located at 2050 Platt Road, 1823' south of NYS Route 25 in Orient SCTM#:1000-27.-1-9 Zoning District: R-80 Dear Mr. Cuddy: The Southold Town Planning Board adopted the following resolution at a Public Meeting held on Monday, February 10, 2020: WHEREAS, this proposal is for a Standard Subdivision of a 4.29 acre parcel into two lots where Lot 1 is 2.07 acres and Lot 2 is 2.22 acres located in the R-80 Zoning District; and WHEREAS, on August 5, 2019, the Southold Town Planning Board granted a Conditional Final Plat Approval upon the application; and WHEREAS, on September 23, 2019, the Planning Board agreed that the application would be ready for Final Plat Approval upon submission of the remaining conditions of the Conditional Final Plat Approval below; and 1. Submission of 12 paper copies and 4 Mylars of the Final Plat including the Health Departments stamp of approval; 2. File the covenants and restrictions with the office of the Suffolk County Clerk. Gonzalez Standard Subdivision Page 12 February 11, 2020 WHEREAS, on January 31, 2020, the applicant requested a 6 -month extension of the Conditional Final Plat Approval granted August 5, 2019 and set to expire February 6, 2020 in order to receive approval from the Suffolk County Department of Health Services; and WHEREAS, on February 10, 2020, at their work session, the Planning Board agreed to retroactively extend the Conditional Final Plat Approval from February 6, 2020, to August 6, 2020, in order for the applicant to receive approval from the Suffolk County Department of Health Services; therefore be it RESOLVED, that the Southold Town Planning Board hereby retroactively extends the Conditional Final Plat Approval upon the plan entitled, "Gonzales Standard Subdivision Final Plat," prepared by John T. Metzger,, Land Surveyor, dated April 29, 2015, and last revised July 3, 2019, from February 6, 2020 to August 6, 2020 with the following two conditions: 1. Submission of 12 paper copies and 4 Mylars of the Final Plat including the Health Departments stamp of approval; 2. File the covenants and restrictions with the office of the Suffolk County Clerk. This will be the last extension of the Conditional Final Approval permitted by Town Law. Failure to complete the required conditions prior to August 6, 2020, will require resubmission of the Final Plat application and fee. Upon a finding that all conditions have been met, the Planning Board will schedule the application for a Final Determination at the next available Public Meeting. If you have any questions regarding the above, please contact this office at 765-1938. Respectfully, Jac Donald J. Wilcenski Chairman OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY February 11, 2020 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 www.southoldtow-xmy.gov Charles R. Cuddy, Esq. P.O. Box 1547 Riverhead, NY 11901 Re: SEQR Classification & Set Hearing - Strong's Storage Buildings 3430 Mill Road, Mattituck SCTM#1000-106.-6-13.4 Dear Mr. Cuddy: The following resolutions were adopted at a meeting, of the Southold Town Planning Board on Monday, February 10, 2020: WHEREAS, this site plan is for the proposed construction of two (2) buildings for boat storage, one at 52,500 sq. ft. and the other at 49,000 sq. ft., located on 32.6 acres in the MII and R-80 Zoning Districts where there are 69,245 sq. ft. of existing boatyard buildings; 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 a Type I action pursuant to 617.4(b)(10): Any Unlisted action, that exceeds 25 percent of any threshold in this section, occurring wholly or partially within or substantially contiguous to any publicly owned or operated parkland, recreation area or designated open space, including any site on the Register of National Natural Landmarks pursuant to 36 CFR Part 62, 1994 [see 617.17]. The physical alteration of 3.74 acres exceeds 25% of the 10 acre threshold listed in 617.4(b)(6); be it therefore RESOLVED, that the Southold Town Planning Board has. determined that this proposed action is an Type I Action under SEQRA as described above; and be it further RESOLVED, that the Southold Town Planning Board sets Monday, March 9, 2020 at 6:02 p.m. for a Public Hearing regarding the Site Plan entitled "Strong's Yacht Center' prepared by Tom Wolpert, P.E. dated July 3, 2018 and last revised November 20, 2018. Strongs Storage Buildings Page 2 February 11, 2020 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, March 6, 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 Encl. OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY February 11, 2020 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Mr. Bruce A. Anderson Suffolk Environmental Consulting, Inc. P.O. Box 2003 Bridgehampton, NY 11932 MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 www. southoldtownny.gov Re: Refund of Fee, Set Hearing & Classify SEQRA Zupa & Paradise Point Association Resubdivision Located at 580 Basin Road, +/- 500 West of Paradise Point Road, Southold SCTM#: 1000-8l.-3-29,& 1000-81.-1-16.7 , _ Zoning District: R-80 Dear Mr. Anderson: The Southold Town Planning Board adopted the following resolutions at a Public Meeting held on Monday, February 10, 2020: WHEREAS, on August 6, 2019, one of the applicants, Victor & Mary Zupa submitted a resubdivision application with the required $500.00 application fee; and WHEREAS, on September 9, 2019, the Paradise Point Association, the second property involved in this resubdivision, sent the Planning Board a letter objecting to the resubdivision application; and WHEREAS, on December 17, 2020, Suffolk Environmental Consulting, Inc, submitted a resubdivision application and fee on behalf of both applicants involved in the resubdivision; and WHEREAS, on January 13, 2020, at their work session, the Planning Board found the resubdivision application complete; and WHEREAS, on January 14, 2020, Victor & Mary Zupa requested a refund of the resubdivision application fee in the amount of $500.00, as an additional $500.00 was submitted by Suffolk Environment Consulting, Inc.; and Zupa & Paradise Point HOA Resubdivision Page 12 February 11, 2020 WHEREAS, February 10, 2020, at their work session, the Planning Board agreed a refund in the amount of $500.00 to Victor & Mary Zupa; and WHEREAS, pursuant to §240-56 Waivers of certain provisions, the Southold Town Planning Board shall have the authority to modify or waive, subject to appropriate conditions, any provision of these subdivision regulations, if in its judgment they are not requisite in the interest of the public health, safety and general welfare, except where such authority would be contrary to other ordinances or state law; and WHEREAS, the Southold Town Planning Board has determined that the following provisions of the Southold Town Code §240 Subdivision of Land are not requisite in the interest of the public health, safety and general welfare because this resubdivision does not create any additional residential building lots, reduces by one the number of residential dwelling units, and the amount of land being transferred from one lot to the other is small, and therefore are eligible for a waiver: a. Sketch Plat Review; b. Existing Resources Site Analysis Plan (ERSAP); c., Yield Plan; d. Primary & Secondary Conservation Area Plan; e. Preliminary Plat Review; 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 a Type II Action under SEQRA according to 617.5(c)(16) "granting of individual setback and lot line variances and adjustments,"; be it therefore RESOLVED, that the Southold Town Planning Board hereby classifies this proposed action as a Type II Action under SEQRA as described above; and be it further RESOLVED, that the Southold Town Planning Board, pursuant to §240-56 Waivers of certain provisions, hereby waives the following provisions of subdivision: a. Article V.- Sketch Plat Review; b. §240-10 (A): Existing Resources Site Analysis Plan (ERSAP); c. §240-10 (8): Yield Plan; d. §240-10 (C): Primary & Secondary Conservation Area Plan; e. Article V1. Preliminary Plat Review; and be it further RESOLVED, that the Southold Town Planning Board agrees to the refund of the duplicate resubdivision application fee to Victor & Mary Zupa in the amount of $500.00 and recommends the same to the Southold Town Board; and be it further Zupa & Paradise Point HOA Resubdivision Page 13 February 11, 2020 RESOLVED, that the Southold Town Planning Board sets Monday, April 6, 2020 at 6:01 p.m. for a Public Hearing upon the map entitled "Modification Plat Paradise Point Association, Inc," prepared by Howard W. Young, Land Surveyor, dated February 21, 2018, and last revised July 9, 2019. Please refer to the enclosed copy of Chapter 55, Notice of Public Hearing, in regard to the Town's notification procedure. The notification form is enclosed for your use. The sign and the post will need to be picked up at the Planning Board Office, Southold Town Annex. Please return the enclosed Affidavit of Posting along with the certified mailing receipts AND the signed green return receipt cards before 12:00 NOON ON FRIDAY, April 3, 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 cc: Elizabeth A. Neville, Town Clerk OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY February 11, 2020 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Mr. Stephen L. Ham, III, Esq. Matthews & Ham 38 Nugent Street Southampton, NY 11968 MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 www. s outholdtownny. gov Re: Final Approval - Baker & Baker Resubdivision Located at 1143 Peninsula Road, Fishers Island SCTM#1000-10.-5-10 & 12.3 Zoning District: R-120 Dear Mr. Ham: The Southold Town Planning Board adopted the following resolutions at a meeting held on Monday, February 10, 2020: WHEREAS, this resubdivision proposes to reconfigure the location and direction of the lot line separating SCTM#1000-10.-5-10 & 12.3, including a transfer of 5 sq. ft. from SCTM#1000-10.-5-10 to SCTM#1000-10.-5-12.3, in the R-120 Zoning District; and WHEREAS, as a result of this resubdivision, Lot 10 will total 127,942 sq. ft. and Lot 12.3 will total 64,360 sq. ft. which is undersized in the R-120 Zoning District, located at 1143 Peninsula Road, Fishers Island; and WHEREAS, on June 5, 2019, the applicant submitted a re -subdivision application; and WHEREAS, on July 22, 2019, the Planning Board found the application incomplete, as the proposal did not meet the minimum requirements of §280 Zoning of the Town Code for lot area requirements; and WHEREAS, on October 28, 2019, the applicant received a variance for the undersized lot area from the Zoning Board of Appeals in file#:7323; and WHEREAS, on November 18, 2019, the Planning Board found this re -subdivision application complete; and Baker & Baker Resubdivision Page 12 February 11, 2020 WHEREAS, pursuant to §240-56 Waivers of certain provisions, the Southold Town Planning Board shall have the authority to modify or waive, subject to appropriate conditions, any provision of these subdivision regulations, if in its judgment they are not requisite in the interest of the public health, safety and general welfare, except where such authority would be contrary to other ordinances or state law; and WHEREAS, the Southold Town Planning Board has determined that the following provisions of the Southold Town Code §240 Subdivision of Land are not requisite in the interest of the public health, safety and general welfare because this resubdivision does not create any additional residential building lots, , and the amount of land being transferred from one lot to the other is small, and therefore are eligible for a waiver: a. Sketch Plat Review; b. Existing Resources Site Analysis Plan (ERSAP); c. Yield Plan; d. Primary & Secondary Conservation Area Plan; e. Preliminary Plat Review; and WHEREAS, on November 22, 2019, the application was referred to the Suffolk County Planning Commission for comment; and WHEREAS, on December 2, 2019, this proposal was classified as a Type II Action under SEQRA; and WHEREAS, on December 27, 2019, the Suffolk County Planning Commission responded that this proposal is a matter for local determination; and WHEREAS, pursuant to the resubdivision policy set by the Planning Board on February 2011, this application is eligible for a decision from the Planning Board prior to receiving approval by the Suffolk County Department of Health Services (SCDHS) as it meets the following criterion set forth in that policy: • Where no new development potential will be created in the parcel to which the land is transferred; and WHEREAS, this application is EXEMPT from review by the Local Waterfront Revitalization Program as no new development potential will come as a result of this resubdivision; and WHEREAS, on January 13, 2020, the Public Hearing was held open due to a mistake in noticing the adjacent property owners; and WHEREAS, on February 10, 2020, the Public Hearing was closed; and Baker & Baker Resubdivision Page 13 February 11, 2020 WHEREAS, 'on February 10, 2020, at their Work Session, the Planning Board determined that the proposed action meets all the necessary requirements of Town Code §240-57 for a resubdivision application; therefore be it RESOLVED, that the Southold Town Planning Board hereby waives the requirement to receive approval from the Suffolk County Department of Health Services prior to approval of this resubdivision by the Southold Town Planning Board; and be it further . RESOLVED, that the Southold Town Planning Board grants a Final Plat Approval upon the map entitled "Map of James M. & Diane M. Baker Lot Line Change," prepared by Richard Strouse, PE, dated April 15, 2019, and last revised May 29, 2019 with one condition. 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. Please Note: The Southold Town Planning Board, in waiving the requirement for SCDHS approval prior to their own approval, is simply waiving a technical requirement of Final Plat Approval under the Town Code and makes no representations as to whether SCDHS approval is required. SCDHS approval of this re -subdivision may be necessary to be in compliance with the Suffolk County Sanitary Code, and to be eligible for future construction or renovations. Please submit a copy of the recorded deed to the Southold Town Planning Department within 62 days of the date of Final Approval, or such approval shall expire and be null and void. The statement below (see next page) must be signed by the property owners to validate this approval resolution. The Chairman will endorse the approval resolution once the Health Department waiver is siqned by both property owners. Baker & Baker Resubdivision Page 14 February 11, 2020 I understand that Southold Town Planning'Board approval of this Resubdivision does not grant, guarantee or waive an approval, if required, from the Suffolk County Department of Health Services (SCDHS). I understand that I will need to apply separately to the SCDHS for any applicable approvals. Signature of (Property Owner 1) Signature of (Property Owner 2) Print Name Print Name If you have any questions regarding the above, please contact this office at 765-1938. Respectfully, Donald J. Wilcenski Chairman cc: Assessors Building Department OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY February 11, 2020 Mr. Sean Magnuson 825 Queen Street Greenport, NY 11944 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Re: Set Hearing - Eastern Long Island Kampground Cabins 64500 CR 48, Greenport SCTM#1000-40.-3-5 Dear Mr. Magnuson: MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 www.southoldtownny.gov The following resolution was adopted at a meeting of the Southold Town Planning Board on Monday, February 10, 2020: WHEREAS, this amended site plan is to replace 33 existing tent sites with the proposed construction of 20 seasonal cabins at 450 sq. ft. each and a 600 sq. ft. pavilion as part of an existing campground on 23.32 acres in the RR Zoning District, Greenport; 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 a Unlisted action under SEQRA as described above; and be it further RESOLVED, that the Southold Town Planning Board sets Monday, March 9, 2020 at 6:01 p.m. for a Public Hearing regarding the Site Plan entitled "Eastern Long Island Kampground " prepared by John Joseph Condon, P.E., dated January 29, 2020. 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. Eastern Long Island Kampground Page 2 February 11, 2020 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, March 6, 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 Encl. OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY February 11, 2020 Ms. Karen Hoeg, Esq. P.O. Box 9398 Riverhead, NY 11949 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 www. southoldtownny. gov Re: SEQRA and LWRP Determinations - Proposed Clustered Standard Subdivision for Henry Mazzoni Located at 500 Soundview Drive, approximately 782' to the north of NYS Route 25 and 256' to the east of Soundview Drive, Orient SCTM#1000-13-2-8.2 Zoning District: R-80 Dear Ms. Hoeg: The Southold Town Planning Board adopted the following resolutions at a meeting held on Monday, February 10, 2020: WHEREAS, this proposal is for a Standard Subdivision of a 22.94 acre parcel into 5 lots where Lot 1 = 2.17 acres, Lot 2 = 1.78 acres, Lot 3 = 2.14 acres, Lot 4 = 0.73 acres, Lot 5 = 16.15 acres inclusive of a 1.14 acre right-of-way, 8.58 acres of Open Space and 6 acres of a Conservation Easement held by the Peconic Land Trust (PLT) located in the R-80 Zoning District.; and WHEREAS, on July 6, 2015 the Southold Town Planning Board granted Conditional Sketch Plan Approval upon the map entitled "Henry Mazzoni Subdivision Standard Cluster", dated October 27, 2013 and last revised June 9, 2015, prepared by Howard Young, Licensed Land Surveyor; and WHEREAS, on December 7, 2015 the Southold Town Planning Board, pursuant to State Environmental Quality Review Act (SEQRA) 6 NYCRR, Part 617, determined that the proposed action is an Unlisted Action as it does not meet any of the thresholds of a Type I Action, nor does it meet any of the criteria on the Type II list of actions; and WHEREAS, on August 22, 2014 The Office of Parks Recreation and Historic Preservation responded that "no archeological investigations should be required"; and Mazzoni Standard Subdivision Pae 12 February 11, 2020 WHEREAS, on October 29, 2015 the applicant submitted a Preliminary'Plat application; and WHEREAS on February 3, 2015 the Suffolk County Planning Commission responded that they considered the application to be a matter for local determination; and WHEREAS, on December 28, 2015 The New York Department of Environmental Conservation responded that they have no objection to the Planning Board taking lead agency and attached the Tidal Wetlands Permit No 1-4738-04331/00001 effective June 13, 2014 and expires June 12, 2024 for the subdivision of the parcel; and WHEREAS, on January 26, 2016 the Office of the Engineer provided comments on the action; and WHEREAS, on February 25, 2016 the Orient Fire District requested a fire well with 500 gals/min capacity with fire department fittings; and WHEREAS, on February 3,'2016 the Suffolk County Department of Economic Development and Planning responded that the action is- a "matter of local determination" with one comment; and WHEREAS, on May 7, 2018 work session the Planning Board determined that the Preliminary Plat Application is complete; and WHEREAS, on June 23, 2011, the Town of Southold Local Waterfront, Revitalization Program (LWRP) Coordinator reviewed this application, and has recommended the proposed project be found consistent with the policies of the Southold Town LWRP; therefore with and - RESOLVED, that the Southold Town Planning Board has determined that this proposed action is consistent with the policies of the Town of Southold LWRP; and be it further RESOLVED, that the Southold Town Planning Board, pursuant to State Environmental Quality Review Act (SEQRA) 6 NYCRR, Part 617, hereby makes a determination of significance for the proposed action and grants a Conditioned Negative Declaration with the following conditions: 1. The installation of a Suffolk County Department of Health Services approved I/A OWTS's- is required on lots 1 through 5 (if lot 5 is improved with a residential structure imthe future). 2. Water supply wells with a maximum 10 gpm flow rates shall be installed on each residential lot to meet the new water demand to' minimize upconing and saltwater intrusion. 3. Water supply'wells shall be spaced evenly and as far from the edge of the shore as possible to minimize saltwater intrusion. Other existing private water Mazzoni Standard Subdivision Pae 13 February 11, 2020 wells in the vicinity of the site must also be accounted for in the design process. 4. A 50 foot -wide vegetated non -disturbance buffer then an additional 50 foot - wide vegetated buffer shall extend landward from the top -of -bluff line on Lots 1, 2, and 3. 5. Building envelopes on Lots 1, 2, and 3 shall avoid slopes equal to or greater than 15 percent to the greatest extent practicable and avoid slopes 20 percent and greater. 6. The grading or development of slopes equal to or greater than 20 percent is prohibited unless conservation measures are applied (Chapter 236 Stormwater Management). Enclosed is a copy of the Conditioned Negative Declaration for your records. If you have any questions regarding the information contained in this resolution, please contact the Planning Board Office. Respectfully, 1-w Donald J. Wilcenski Chairman OFFICE LOCATION: Town Hall Annex 25 O� SU(/TyOlO 54375 State Route (cor. Main Rd. & Youngs Ave.) Southold, NY CA PLANNING BOARD OFFICE TOWN OF SOUTHOLD State Environmental Quality Review MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 www.southoldtow-nny.gov CONDITIONED NEGATIVE DECLARATION Standard Subdivision of Mazzoni Project Number: SCTM#1000-13-2-8.2 Date: February 10, 2020 This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Conservation Law. The Town of Southold Planning Board, as lead agency, has determined that the proposed action described below may have a potentially significant adverse impact on the environment, but the impact can be eliminated or adequately mitigated by conditions imposed by the lead agency, without the need for additional environmental studies. Name of Action: Mazzoni, 500 Soundview Drive, LLC Standard Subdivision SEQR Status: Type 1 Unlisted X Scoping: No X Yes _ If yes, indicate how scoping will be conducted: Description of Action: This proposal is for a Standard Subdivision of a 22.94 acre parcel into 5 lots where Lot 1 = 2.17 acres, Lot 2 = 1.78 acres, Lot 3 = 2.14 acres, Lot 4 = 0.73 acres, Lot 5 = 16.15 acres inclusive of 1.14 acre right-of-way, 8.58 acres of Open Space and 6 acres of a Conservation Easement held by the Peconic Land Trust (PLT) located in the R-80 Zoning District. The property is located at 500 Soundview Drive, approximately 782' to the north of NYS Route 25 and 256' to the east of Sound View Drive, Orient. SCTM#1000-13-2-8.2 Four of the lots are intended for the construction of single family residences and the fifth lot would remain as agricultural area with -a structure to support vineyard operations. Location: 500 Soundview Drive, approximately 782' to the north of NYS Route 25 and 256' to the east of Soundview Drive, Orient. SEQR Page 12 February 10 2020 Reasons Supporting This Determination: This determination was based upon the following materials: 1. A report titled Aquifer Quantity & Quality Analysis November 2016 prepared by P.W. Grosser Consulting that was submitted on December 8, 2016. 2. February 10, 2017 —The Planning Board seeking, clarification on the Aquifer - Quantity & Quality Analysis November 2016 report, sent a letter to the applicant. 3. April 11, 2017 - P.W. Grosser Consulting responded to comments and issues by the Planning Board on the Aquifer Quantity & Quality Analysis November 2016 report. 4. May 8, 2017 -The applicant submitted a revised Aquifer Quantity & Quality Analysis Preliminary Plat titled: "Subdivision Henry Mazzoni at Orient, dated February 27, 2018 prepared by Howard Young, Licensed Land Surveyor". This proposed action may cause a potential moderate-to-large adverse impact on surface waters and groundwater; however, the impacts could be mitigated through specified conditions. 1. Impact on Land Construction on steep slopes (greater than 15%) can result in adverse impacts, including land slippage, erosion, changes to storm water runoff quantity and location, visual impacts, and safety issues for vehicular access. Slopes equal to or greater than 15 percent are defined as primary conservation areas within Chapter 240 of the Town Code. CONSERVATION AREAS, PRIMARY - Shall be comprised of areas consisting of freshwater and saltwater wetlands, underwater lands, beaches, lands lying within a one - hundred year floodplain, slopes equal to or exceeding 1 S% areas located seaward of the coastal erosion hazard line and lands subject to easements or other restrictions preventing use of such land for construction of buildings or development. During the subdivision process a Primary and Secondary Conservation Area Plan is required to be developed during the sketch plan process based on the ERSAP map. The purpose of the plan is to locate lots in areas that are not subject to limitations or that would result in adverse environmental impacts. Chapter 240 of the Town Code dictates that "house sites should generally be located not closer than 100 feet to primary conservation areas and 50 feet to secondary conservation areas, taking into consideration the potential negative impacts of residential development on such areas as well as the potential positive benefits of such locations to provide attractive views and visual settings for residences." The majority of sloped areas is located on the bluff face, outside of the proposed building envelopes and will remain undisturbed. There are natural slopes on the parcel and also areas that have been manipulated with landscaping. SEQR Page 13 February 10, 2020 Lots 1, 2 and 3 Through the design and review processes, the building envelopes on lots 1 and 2 were designed to avoid slopes to the greatest extent practicable. The Lot 1 building envelope excludes the 20 percent slopes referred to as a professionally designed landscaped slope, but contains a small area of 15 percent slopes in the south. The access driveway to Lot 1 will impact both 15 percent and 20 percent slopes in the south of the parcel. The building envelope on Lot 2 is designed to avoid slopes included in the area identified as professionally designed landscaped slope area. The building envelope on Lot 3 was designed to avoid slopes. The access driveway and retaining wall are located outside of the building envelope and still remain in areas with 15 and 20 percent slopes. An existing residence is located on the adjacent property to the east of Lot 3 and in close proximity to the west lot boundary. Due to parcel topography, permissible yield, active agricultural use on the parcel and the creating of a 100' buffer from the top of bluff, the ability to set back the building envelopes to slopes 15 percent or greater (Primary Conservation Areas) is difficult to achieve for the lots. Nevertheless, construction on slopes equal to or greater than 15 percent should be avoided. Development on slopes equal or greater that 20 percent should be prohibited and a condition stating this is required to minimize adverse impacts. The avoidance of developing slopes 20 percent of greater is supported by Chapter 236 Storm Water Management which prevents the development except for conservation measures. A New York State Department of Environmental Conservation (NYSDEC) Storm Water Pollution Prevention Plan (SWPPP) will be required to address storm water and erosion and therefore, impacts to land are expected to be low. Lot 4 Proposed Lot 4 has been redesigned fr6m the original submission and now equals 31,363 sq. ft. and undersized within the R-80 zoning district that requires that lots equal 80,000 sq. ft. The undersize lot is permissible pursuant to Chapter 240. Subdivision of Land Article XI. Cluster Development. The applicant has also proposed non -conforming setbacks. Rear yard proposed 50'; required 75' Front yard proposed 40'; required 60' Side yard proposed 25' and 15'; required 45' (both, combined) The amended side yard setbacks are shown as 15' and 15'. The north side yard setback is measured from the easement line and not the property line. If the setback were measured from the property line the distance would be 27.5' for a total of 42.50' and just under the required 45'. Both side yards are required to equal a combined total of 45'. The clustered lot and non -conforming setbacks will not result in significant adverse impacts to land. SEQR Page 14 February 10, 2020 2.' Impact on Geological Features The parcel contains a beach/bluff adjacent to Long Island Sound. Original subdivision design included a 100' wide non -disturbance buffer from the top of bluff to preserve the integrity of the system. On January 24, 2019 the applicant proposed a 50' wide non -disturbance buffer, a 25' non - turf buffer and a 25'non-fertilizer buffer in place of the recommended 100' wide non- disturbance buffer. This configuration was discussed at the March 11, 2019 work session and the Board required that the non -turf buffer be vegetated. On March 12, 2019, the Planning Board sent a memorandum to the Board' of Trustees requesting their input and in a March 19, 2019 letter; the Board of Trustees responded that the proposed configuration is "appropriate." A pedestrian path is proposed over Lot 2 to provide access to the beach. Chapter 275 Wetlands and Shorelines of the Southold Town Code regulates all actions on the'beach, bluff and within 100' of the top of bluff. Any disturbance and improvements would require permits. No development is proposed on the beachlbluff. The potential adverse impacts to geologic features are expected to be low. 3. Impacts on Surface Water The parcel adjoins the Long Island Sound in the north; a regulated tidal wetland waterbody. The New York State Department of Environmental Conservation issued a Tidal Wetlands Article -25 'Permit for the subdivision (1-4738-04331/00001). The proposed action has been identified as capable of resulting in a moderate adverse impact to surface waters without mitigation. Recent studies have linked on-site sanitary systems with contributing damaging levels of nitrogen in the form of nitrates to surface waters through groundwater influence, resulting in cumulative impacts from the sub -surface disposal of sanitary waste. Nitrates can be harmful to humans and the environment. The potential impacts from the four proposed on-site sanitary systems were analyzed in the report titled Aquifer Quantity & Quality Analysis November 2016 prepared by P.W. Grosser Consulting, submitted to this department on December 8, 2016. The report analyzed the ' nitrate load from the proposed development and potential impacts on groundwater and surface water quality. The report modelled the nitrogen input using the (BURB) model, (Cornell University, Hughes et al. (1985)) and found that the nitrogen impacts would not be significant over existing conditions. The program calculates nitrogen load from wastewater, turf, natural land, atmospheric deposition and runoff from impervious surfaces and estimates the mass of nitrogen leaching to groundwater in pounds of nitrogen per year. SEQR Page 15 February 10, 2020 BURB model results indicate that the development would increase nitrogen loading to groundwater by 165.4 pounds per year with the concentration increasing from .78 mg/L to 1.93 mg/L. Background concentration of nitrogen, according to the 2014 Suffolk County Water Authority Water Quality Report, ranges between 5.47 mg/L and 5.58 mg/L. Consequently, nitrogen loading would increase from 6.25mg/L to 7.51mg/L, respectively. This falls below the maximum contaminant level (MCL) of l Omg/L set by the Suffolk County Department of Health Services. The results for the use of innovative/alternative on-site sanitary systems on each of the 4 residential lots are summarized in Table 5. Table S Summary of Nitrogen Loading Source: P.W. Grosser (2017) With innovative/alternative on-site sanitary systems installed on each of the four residential lots, a 20% reduction or 1.14 mg/L nitrogen concentration would occur when compared to conventional sanitary systems. Based upon the above data, adverse impacts from nitrogen loading from the four single family residences to groundwater quality and, ultimately, the influence on surface waters is expected to be low. If lot 5 were developed with a single family residence in the future; extrapolated modelling results warrant the use of an innovative/alternative on-site sanitary system to reduce nitrogen loading. Correspondingly, adverse impacts to Long Island Sound from storm water on surface waters are also expected to be low. 4. Impact on Groundwater Groundwater Quantity The parcel is located above the Nassau -Suffolk Sole Source and is not served by public water; new private wells will be required to provide potable water. Potential moderate impacts were identified from the installation of new water supply wells on groundwater quality and quantity due to historical use and contaminants, a shallow freshwater lens and threat of saltwater intrusion through upconing. Upconing occurs when a well pumps water to the surface from a single point in the freshwater lens. The saline water beneath the well is affected and pulled upward towards the well. �N�Conc.rtn.= < 'lr rfava ivelAifgrnauve.`: Marga, Existing Conditions 95.49 0.78 Proposed Develo merit 260.88 1.93 'RdiGhange;.:=: Source: P.W. Grosser (2017) With innovative/alternative on-site sanitary systems installed on each of the four residential lots, a 20% reduction or 1.14 mg/L nitrogen concentration would occur when compared to conventional sanitary systems. Based upon the above data, adverse impacts from nitrogen loading from the four single family residences to groundwater quality and, ultimately, the influence on surface waters is expected to be low. If lot 5 were developed with a single family residence in the future; extrapolated modelling results warrant the use of an innovative/alternative on-site sanitary system to reduce nitrogen loading. Correspondingly, adverse impacts to Long Island Sound from storm water on surface waters are also expected to be low. 4. Impact on Groundwater Groundwater Quantity The parcel is located above the Nassau -Suffolk Sole Source and is not served by public water; new private wells will be required to provide potable water. Potential moderate impacts were identified from the installation of new water supply wells on groundwater quality and quantity due to historical use and contaminants, a shallow freshwater lens and threat of saltwater intrusion through upconing. Upconing occurs when a well pumps water to the surface from a single point in the freshwater lens. The saline water beneath the well is affected and pulled upward towards the well. SEQR Page 16 February 10, 2020 On May 8, 2017 the applicant submitted a revised Aquifer Quantity & Quality Analysis report which provided an in depth analysis of site conditions and made recommendations to mitigate potential moderate impacts. The report identifies a shallow freshwater aquifer with deeper saline groundwater occurring below the site. The saltwater interface is estimated to be around -38.0' amsl (Long Island Sound is at 0' amsl). Above the interface mark, a freshwater lens is available to provide potable water; however, due to the shallow depth, the threat from saltwater intrusion in private wells is high if overuse occurs. Expected annual water consumption for the four residential lots is calculated at 1400 gallons per day (gpd) if Lot 5 is not developed with a single family residential use. If lot 5 is improved with a single family residence then the GPD use would be estimated at 1700. Forty percent of the 1400 gpd is expected to be lost to irrigation with a recharge loss to the aquifer of 560 gpd. A permissible sustainable yield or maximum rate at which water can be drawn from the aquifer is 390 gpd/acre or 7,878 gpd for the total parcel. P.W. Grosser calculates the permissible sustainable yield for the action at 7 percent of the maximum rate, therefore, the quantity of water to achieve adequate long-term supply is sufficient. The freshwater lens would allow the installation of low flow wells with a maximum 10 gpm flow rate. Multiple wells are also recommended to meet the new water demand rather than a single well to minimize upconing. Wells should be spaced evenly and as far from the edge of the shore as possible to minimize saltwater intrusion and other existing private water wells in the vicinity of the site should be accounted for in the design process. The Suffolk County Department of Health Services (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 the construction guidelines upon development of each lot (P.W. Grosser (2017). Groundwater Quality The proposed action may result in the construction of water supply wells in locations where groundwater is, or is suspected to be, contaminated. The proposed action is located on a parcel where a previous attempt of a subdivision, known as Hillcrest Estates II, was made. A 1994 letter in the file acknowledges that some of the lots proposed to be served by private wells did not meet the Suffolk County Health Standards and, therefore, the subdivision application expired. Similarly, areas of Orient have exhibited groundwater contamination. A narrative of existing conditions and threats can be found in the Suffolk County Comprehensive Water Resource Management Plan (2015). It is important to note that the Browns Hills subdivision located to the west of the parcel has experienced water quality problems. The nitratc conccntration of water from the two public supply wells operated by the Suffolk County Water Authority (SCWA) exceeds the 10 mg/L SEAR Page 17 February 10, 2020 MCL; individual under -sink treatment units were installed to provide potable water at acceptable nitrate concentrations to a single tap in each home. The SCWA has acknowledged that the Browns Hills Treatment District can be problematic for access to these units for monitoring and filter maintenance with the staffing costs significant. Although contamination of groundwater (both historically and in the future) was identified as a concern, the Aquifer Quantity & Quality Analysis November (2017) report findings indicate that the there is no evidence of current groundwater contamination after extensive testing was conducted on this parcel. The proposed action may involve the commercial application of pesticides within 100' of potable drinking water or irrigation sources. The use of insecticide, fungicides and herbicides and the potential for the contamination of groundwater and private wells were identified. The applicant provided a discussion in the revised report and Appendix I and the application of insecticide, fungicides and herbicides used have been found to not pose a risk to groundwater due to low mobility in the soil or restriction to the root zones of plants treated. Best Management Practices (BMP's) and Agricultural Environmental Management (AEM's) are proposed and will be required by the Planning Board. 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. To insure that the systems are installed, a condition requiring the installation will be required. Based upon the findings, no significant adverse impacts to groundwater quality and quantity are expected. Correspondingly, adverse impacts to groundwater quality and quantity are expected to be low. 5. Impact on Flooding The proposed development is not located within a floodway or FEMA mapped flood zone. The shoreline of the Long Island Sound is located within a 100 year flood plain, however, development is not proposed for this area. Flooding will occur on the beach area. Drainage will be controlled via on-site control structures pursuant to an adopted NYSDEC SWPPP. Adverse impacts on flooding are expected to be low. 6. Impacts on Air Air pollution can harm human health and damage elements of the ecosystem. Exposure to air pollution is associated with numerous effects on human health, including pulmonary, cardiac, vascular, and neurological impairments. The proposed use is residential and agricultural on the parcel. Adverse impacts to air quality are not expected to result from the action. SEAR Page 18 February 10, 2020 7. Impacts on Plants and Animals The New York State Natural Heritage Program (NHP) was not contacted. The NYSDEC Environmental Resource Mapper (2020) was referenced to determine if the parcel was mapped within an area identified as containing protected species or natural communities. The parcel is identified to be within the vicinity of a marine eelgrass meadow, natural community in the Long Island Sound. The parcel boundary limits do not extend into Long Island Sound waters and therefore no direct impacts to the natural community will result from this action. A very small area of the parcel in the south is included within the vicinity of rare plants listed as endangered, threatened or rare by New York State. This area is currently improved with Heath Drive and actively farmed. NHP Historical records indicate a total of 10 protected plant species and one insect occurring in the Orient/Orient Pt. area. The plant species listed are associated with woodland, wetland habitats and areas of dredge spoil and sand. None of these habitat types occur in the area identified. The insect: New Jersey Pine Barrens Tiger Beetle (Cicindela patruela consentanea) occurrence record was entered in 1940. The probability of the species occurring on-site is low. The parcel area is in the vicinity of "bats listed as endangered or threatened". This refers to the northern long-eared bat (NLEB) (Myotis septentrionalis). The Town of Southold is a confirmed summer occurrence area and clearing restrictions apply to parcels. It is recommended that the applicant contact Ms. Michelle Gibbons at the NYSDEC Regional Office 631-444-0306 to determine possible occurrence and discuss regulations pertaining to the species. According the NYSDEC, there are requirements for the protection of the NLEB that must be followed unless a permit is obtained from the Department. Most vegetation on the parcel has been cleared except for the Long Island Sound bluff area. Currently an existing vineyard is located on Lot 5. On lots 1 through 4, the land area has been cleared to varying amounts and landscaped in the south. Vegetation is intact on the bluff area. To preserve the integrity of the bluff and associated vegetation within 100' from the top -of -bluff, the establishment of a 100' wide vegetated non —disturbance and vegetated buffer from the top -of -bluff line will be required. Correspondingly, clearing limits are also required on lots 1 through 4, designed to retain existing vegetation where it occurs. Most vegetation on Lots 1 through 3 is located within the buffers and will be protected and Lot 4 is almost entirely in vineyard with little vegetation. Clearing Limits Lot 1: 25% Lot 2: 35% Lot 3: 25% Lot 4: 60% Minimal adverse impacts to plants will occur through the development of each lot. Animals on site are expected to be species indicative of residential type settings and habitats (Deer, raccoon, possum, avian spp. etc.). Since the areas where the building envelopes are SEQR Page 19 February 10 2020 proposed are already cleared, the construction of structures on the lots will not displace high quality habitat. Adverse impacts to plants and animals are expected to be low. 8. Impact on Agricultural Resources The parcel is located in Agricultural District Suffolk 01 and the proposed action may irreversibly convert more than 2.5 acres of agricultural land to non-agricultural uses. The proposed action will impact soil classified within Soil Groups 1 through 4 of the NYS Land Classification System. The NY Department of Agriculture and Markets has created a Land Classification System based on soils that are used in the Agricultural Assessment Program pursuant to Article 25 -AA of the Agriculture and Markets Law. Impacts to highly productive soils include conversion of areas to non-farm (residential) uses. A portion of Lot 3 and Lot 4 are located within the PIB - Plymouth Sandy Loam 3-8 percent slopes soil type. This soil type is Soil Group 6. Lots 1 and 2 are located within (MfC) Montauk Fine Sandy Loam 8-15 percent (Soil Group 5). Lot 5 is comprised of (MfB) Montauk Fine Sandy Loam 3-8 percent slopes, Scio Silt Loam (SdA and SdB) and Haven Loam (HaA and HaB). MFB is within Soil Group 3, SdA and SdB Soil Groups 2 and 3 and HaA is within Soil Group 1. Lot 5 includes a 15,065 sq. ft. building envelope for future construction of structures that is currently planted in vineyard. Soil Groups 1 through 4 would be converted to residential use as a result of this subdivision. Lots 1 through 3 are located in the north of the parcel. The roads and infrastructure were installed during the original phased subdivision of Hillcrest Estates II, however, the subdivision expired and was only partially developed. Due to the slopes and bouldery soils located in this area, the agriculture use for traditional (crops) is expected to be low; however, animal husbandry could be viable. The majority of the prime agricultural soils is currently in vineyard use on Lots 4 and 5 (combined total of 46,046 sq. ft.) and will be slightly impacted by development. A total of 14.58 acres of prime agricultural soils will be preserved on Lot 5. Based on the acreage proposed to be developed relative to the total parcel area for uses other than agriculture, the impacts to the prime agricultural soil groups on this property are expected to be low. Six acres of active farmland has been preserved through a Conservation Easement with the Peconic Land Trust. Additionally, subdivision regulations of the Town of Southold require preservation of 60 percent of buildable land area as open space, therefore, a total of 14.58 acres will be preserved. The open space is actively farmed meeting the goals of the Southold Town Farm and Farmland Protection Strategy (2000) and Community Preservation Project Plan (2016 update) SEQR Page 110 February 10 2020 Based on the above placement of the lots 1 through 3 in areas not currently farmed, clustering of lots, size of the building area on Lot 5, and the preservation of 14.58 acres of this 22.94 acre parcel; adverse impacts to agricultural resources are expected to be low. 9. Impacts on Aesthetic Resources The site is not visible from a scenic resource important to community or officially designated by a governmental agency. Adverse impacts to aesthetic resources are expected to be low. 10. Impacts on Archeological Resources The action is located within an archeologically sensitive area and has been identified as being located in or adjacent to areas sensitive to archeological sites. The applicant contacted the New York Department of Parks, Recreation and Historic Preservation and the department response (August 22, 2014) indicated that "no archeological investigations should be required." Adverse impacts to archeological resources are expected to be low. 11. Impact on Open Space and Recreation The parcel does not currently offer public recreational opportunities. Future recreational opportunities could be achieved; however, due to location, the likelihood of the land area being converted for recreational use is low. Adverse impacts to open space and recreation are expected to be low. 12. Impact on Critical Environmental Areas The parcel is not located within a Critical Environmental Area. 13. Impact on Transportation The action includes the proposal to develop five lots in an existing residential neighborhood. This area was a final phase of the subdivision Hillcrest Estates Section Il; however, was not built due to inability to locate potable water. Already constructed roads will be used to access the proposed five lots. The total number of calculated vehicle trips for the potential five single family dwelling units is 48 daily trips with a peak at 5 PM. The existing road, Heath Drive, meets town highway specifications and is designed to accommodate the proposed level of vehicle trips. Heath Drive intersects with N.Y.S. Route 25 at an un -signalized access. Line of sight from the intersection to the east and west will not be affected as a result of this action. To improve safety for the community as a whole it is recommended that the property to the east of the intersection trim the vegetation or is SEQR Page 111 February 10, 2020 approached to allow trimming of the vegetation back from the N.Y.S Route 25 to retain the line of sight from the stop bar located in Heath Drive. The expected adverse impacts from transportation/traffic or level of service (LOS) as a result of this action are expected to be low. 14. Impact on Energy The adverse impact on energy use is expected to be low. 15. Impact on Noise, Odor, and Light The adverse impact on noise, odor, and light is expected to be low. 16. Impact on Human Health See discussion on groundwater quality above and potential contamination issues. 17. Consistency with Community Plans 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 preservation of 14.58 acres of open space as active agriculture of the 22.94 acre parcel is required and has been accomplished. The parcel does not fully meet the policies of the Local Waterfront Revitalization Program (LWRP) due to the conversion of prime agricultural soils to residential use. The preservation, of prime agricultural soils in Southold has been largely attributed to the continued practice of farming, however, the conversion of prime agricultural soils to non- agricultural uses results in perpetual loss. The creation of four residential lots in the north of the parcels, in areas currently not improved, does not fully support Policy 12.1 Protect agricultural lands from conversion to other land uses of the LWRP. Areas of prime agricultural soils will be impacted and lost; however, a combined total of 60 percent of buildable lands will be preserved for agricultural use which furthers the policy and the Town goals. The active vineyard will be preserved. To further the policies of the LWRP non -disturbance and vegetated buffers totaling 100 feet in width on lots 1 through 3 to protect the Long Island Sound ecosystem will be required. The parcel is located within the LI North Shore Heritage Area and does not conflict with the goals and objectives of the plan. The action is not significantly inconsistent with adopted community plans. SEQR Page 112 February 10, 2020 18. Consistency with Community Character The creation of four residential lots (1 through 4) and one agricultural lot (5) with a 15,065 square foot buildable area is not inconsistent with the surrounding community character. A total of 60 percent of the parcel will be preserved as open space. Residential neighborhoods occur to the west and south. To the east of the parcel, the land use is a mix of residential and active agriculture on protected lands. A total of four parcels improved with single family residences are located to the north and northeast of Lot 5. No uses are currently proposed for the buildable area. In the original subdivision submission, the buildable area was located 364'+ from a single family residence to the north and 196'± from a single family residence to the northeast. In response to public comments on the potential impact to quality of life of residents from future use, the Planning Board relocated the Lot 5 buildable area to the southwest to increase the distance to existing residences. Lot 5 is planted in vineyard. The future use on Lot 5 is expected to continue to be agriculture and the operations are protected pursuant to § 280-97 Right to farm of the Southold Town Code The section specifies that 'farmers shall have the right to farm in Southold without undue interference from adjacent landowners or users. For the purpose of reducing future conflicts between people residing on tracts adjacent to farmlands and farmers, it is necessary to establish and give notice of the nature of the farming activities to future neighbors of farmland and farming activities. " Notice requirements will be included in a future open space easement. The action is expected to create a demand for police and fire services; however, the impacts to the existing systems are expected to be low for the proposed residential use. Public Schools are not expected to be adversely impacted. A Conditioned Negative Declaration is issued with the following conditions: 1. The installation of a Suffolk County Department of Health Services approved UA OWTS's is required on lots 1 through 5 (if lot 5 is improved with a residential structure in the future). 2. Water supply wells with a maximum 10 gpm flow rates shall be installed on each residential lot to meet the new water demand to minimize upconing and saltwater intrusion. 3. Water supply wells shall be spaced evenly and as far from the edge of the shore as possible to minimize saltwater intrusion. Other existing private water wells in the vicinity of the site must also be accounted for in the design process. 4. A 50 foot -wide vegetated non -disturbance buffer then an additional 50 foot -wide vegetated buffer shall extend landward from the top -of -bluff line on Lots 1, 2, and 3. SEQR Page 1 13 February 10 2020 5. Building envelopes on Lots 1, 2, and 3 shall avoid slopes equal to or greater than 15 percent to the greatest extent practicable and avoid slopes 20 percent and greater. 6. The grading or development of slopes equal to or greater than 20 percent is prohibited unless conservation measures are applied (Chapter 236 Stormwater Management). For Further Information: Contact Person: Mark Terry, Assistant Town Planning Director Address: P.O. Box 1179, 5309 State Road 25, Southold, New York 11971 Telephone Number: 631-765-1938 A copy of this notice must be sent to: Southold Town Clerk for Southold Town Board Scott Russell, Southold Town Supervisor Southold Town Board of Trustees Southold Town Engineer Orient Fire District Southold Town Police Department New York State Department of State NYSDEC - Stony Brook Suffolk County Department of Health Services Suffolk County Water Authority Suffolk County Planning Department Southold Town Highway Department Southold Town Architectural Review Committee Environmental Notice Bulletin File Any person requesting a copy Use Project (Standard Subdivision of Mazzoni Date February 10. 2020 Full En vironmental 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 Planning Board dated February 10, 2020. Determination of Significance - Type I and Unlisted Actions SEQR Status: ❑ Type I ✓❑ Unlisted Identify portions of EAF completed for this Project: ® Part I Q 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 February 10. 2020 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: 1C:nnctrnrtinn of Snffnik (nnnty Arfirlp 19 Alternatnrp Ongrfe Sanita Wagtewater .1;)tctem fnr P-af'h rpciripntial i ica nn tha 5 I tie in rarii ira rntmgpn in wastewater effluent 2 Water supply wells with a maximum 10 qpm flow rates 3 Space water supply wells evenly and as far from the edge of the shore as possible 4. Establish a non-disturbance and vegetated 100' buffer from the top of bluff line 6 Budding envelopes on Lots 1, 2, and 3 shall avoid slopes equal o or greater than I b percent o the greatest extent practicable and avoid slopes 20 percent unless conservation methods are applied. 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: Standard Subdivision of Mazzoni Name of Lead Agency: Town of Southold Planning Board Name of Responsible Officer in Lead Agency: Donald Wilcenski, Chairman Title of Responsible Officer: Same Signature of Responsible Officer in Lead Agency: ate: February 10, 2020 Signature of Preparer (if different from Responsible Officer) Date: February 10, 2020 For Further information: Contact Person: Mark Terry, Assistant Town Planning Director Address: P O Box 1179, 53095 Main Road, Southold, NY 11971 Telephone Number: 631-765-1938 E-mail: Mark.Terry@town southold.ny us For Type 1 Actions and Conditioned Negative Declarations, a copy of this Notice is sent to: Chief Executive Officer of the political subdivision in which the action will be principally located (e.g., Town / City / Village of) Other involved agencies (if any) Applicant (if any) Environmental Notice Bulletin: http://www dee.ny.gov/enb/enb.htnil PRINT FULL FORM I Page 2 of 2