HomeMy WebLinkAboutPBA-07/06/2020 OFFICE LOCATION: MAILING ADDRESS:
Town Hall Annex of S0(/ P.O. Box 1179
54375 State Route 25 0�� ry�l Southold, NY 11971
(cor. Main Rd. &Youngs Ave.) a Q
Southold NY Telephone: 631765-1938
www.southoldtownny.gov
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PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
PUBLIC MEETING AGENDA
Monday,,July 6, 2020
5:30 p.m.
This meeting is public; however it does not constitute a public hearing. Testimony from
the public may not be solicited nor received. The Planning Board may add or remove
applications from the Agenda upon its discretion,without further notice. Applications
may not be heard in the order they appear on this agenda.
This public meeting will be held virtually via the Zoom online platform. Pursuant to
Executive Order 202.1 of New York Governor Andrew Cuomo in-person access by the
public will not be permitted.
Options for public attendance:
• To join via computer:
Click Here
Or
Online at the website zoom.us,click "Join a Meeting' and enter the
Meeting ID: 993 7798 4644
Password: 360122
• Join by telephone:
Call 1(646)558-8656
Enter Meeting ID and password when prompted (same as above)
SETTING-OF,THE NEXT PLANNING BOARD MEETING:
Board to set Monday, August 10, 2020 at 6:00 p.m. as the time for the next regular
Planning Board Meeting.
Southold Town Planninq Board Special Meeting —July 6, 2020 — Page 2
SU�BDIVISIOON APPLICATIONS
REISSUE CONDITIONAL FINAL PLAT DETERMINATION:
Bing Conservation Subdivision —This proposal is for a 75/75 split clustered
Conservation Subdivision of 84.72 acres, currently existing as two adjacent parcels,
SCTM#1000-95-1-8.3 (54.24 acres) and SCTM#1000-95-1-7.2 (30.49 acres), into 8
residential lots ranging in size from 1.86 to 4.11 acres, a right of way of 2.48 acres, and
2 agricultural lots totaling 60.38 acres from which development rights are proposed to
be sold to Suffolk County, in the AC and R-80 Zoning Districts. The property is located
at 6795 & 7755 Oregon Road, approximately 1,481 ft. west of Duck Pond Road, in
Cutchogue. SCTM#1000-95-1-7.2 & 8.3
EXTENSION OF TIME TO RENDER FINAL PLAT DETERMINATION:
Harold R. Reeve & Sons, Inc. —This proposal is for a Standard Subdivision of a 5.1
acre split-zoned parcel into 4 lots where Lots 1-3 equal 1 acre 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 1 90' w/o Wickham Avenue, in Mattituck. SCTM#1000-140-1-6
CONDITIONAL PRELIMINARY PLAT EXTENSION:
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
CONDITIONAL 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 TABLED
-SITE PLAN APPLICATIONS
STATE ENVIRONMENTAL QUALITY REVIEW ACT DETERMINATION:
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 #19,
20, 60, 68, 74) to two-family 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 Special Meeting -July 6, 2020 – Page 3
DETERMINATION:
Southold Gas Station & Convenience Store - This Amended Site Plan is proposed to
demolish an existing 3,476 sq. ft. building (formerly for vehicle detailing, RV sales and
servicing) and construct a 2,400 sq. ft. convenience store and vehicle fuel sales, one
canopy at 2,520 sq. ft. with: 4 fuel pumps (8 fueling stations) and 26 parking spaces on
1.46 acres in the General Business (B) Zoning District. The property is located at 45450
CR 48, on the southwest corner of CR 48 and Youngs Avenue, Southold. SCTM#1000-
55.-5-2.2
APPROVAL OF PLANNING BOARD MINUTES
• March 9, 2020
OFFICE LOCATION: MAILING ADDRESS:
Town Hall Annex ��Of SUUT P.O. Box 1179
54375 State Route 25 O /y0l Southold, NY 11971
(cor. Main Rd. &Youngs Ave.) Q
Southold, NY Telephone: 631 765-1938
www.southoldtownny.gov
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
July 8, 2020
Charles R. Cuddy, Esq.
P.O. Box 1547
Riverhead, NY 11901
Re: Liebert Standard Subdivision -- Extension of Conditional Preliminary Plat
Approval
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, July 6, 2020:
WHEREAS, this proposal is for the standard subdivision of a 2.43-acre vacant lot into
two lots, where Lot 1 equals 54,134 sq. ft. and Lot 2 equals 54,134 sq. ft. in the R-40
Zoning District; and
WHEREAS on November 4, 2019, the Planning Board granted a Conditional
Preliminary Plat Approval upon this subdivision application; and
WHEREAS, on April 6, 2020, the applicant requested an extension of the Conditional
Preliminary Plat Approval set to expire on May 4, 2020, for 180-days to fulfill the
remaining conditions; therefore be it
RESOLVED, that the Southold Town Planning Board grants an extension of-the
Conditional Preliminary Plat Approval granted November 4, 2019, upon,the map
entitled, "Liebert Standard Subdivision Preliminary Plat", prepared by John Metzger,
Land Surveyor, dated September 2, 1993, last revised April 29, 2019, for 180-days,
_.__ _flam_Ma.y_4. November 412020, to fulfill the remaining conditions of the
Conditional Preliminary Plat Approval.
Liebert Standard Subdivision Page 12 July 8, 2020
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 Annex OF soy P.O. Box 1179
54375 State Route 25 O�� lyOl Southold, NY 11971
(cor. Main Rd. &Youngs Ave.)
Southold, NY Telephone: 631 765-1938
www.southoldtownny.gov
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PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
July 8, 2020
Patricia Moore, Esq.
51020 Main Road -
Southold, NY 11971
Re: Conditional Final Plat Approval Re-Issue—Bing AMENDED
Located at 6795 and 7755 Oregon Road, Cutchogue, New York
SCTM#1000-95-1-7.2 Zoning District: R-80 and A-C
Dear Ms. Moore:
The Southold Town Planning Board adopted the following resolution at a meeting held
on Monday, July 6, 2020:
WHEREAS, This proposal is for a 75/75 split clustered Conservation Subdivision of
84.72 acres, currently existing as two adjacent parcels, SCTM 1000-95-1-8.3 (54.24
acres) and SCTM 1000-95-1-7.2 (30.49 acres), into 8 residential lots ranging in size
from 1.86 to 4.38 acres, a right of way of 2.48 acres, and 2 agricultural lots totaling
60.38 acres from which development rights are proposed to be sold to Suffolk County,
in the AC and R-80 zoning districts; and
WHEREAS, this application is a reduced density conservation subdivision with a split
cluster design and a permissible yield of 10 lots; and
WHEREAS, on August 3, 2017, the Southold Board of Trustees submitted a letter
verifying the top of bluff from their March 16, 2017 inspection to the Planning Board and
indicated that the line on the Sketch Plan dated November 7, 2016 accurately reflects
the top of bluff with the exception of one area on Lot 6 where the line is to be moved to
54' contour; and
WHEREAS, on August 8, 2017 that the Southold Town Planning Board granted
Conditional-Sketch-Plan-App.CovaLupon the map entitled 75/75 Clustered
Conservation Subdivision Big Bing", dated January 18, 2016 and last revised June 1 ,
2017, prepared by David H. Fox, Licensed Land Surveyor, with five conditions; and
Bing Conservation Subdivision Pae 12 July 8, 2019
WHEREAS, all conditions have been met; and
WHEREAS, in a December 28, 2018 letter the Town of Southold Superintendent of
Highways pursuant to Chapter 161. Highway Specifications Article III. Roadway
Construction § 161-15. Construction specifications, A, Footnote 5; approved the
reduction of the required 50' right of way to 30' in width with a 26' wide load bearing
surface; and
WHEREAS, on March 8, 2019 the Final Plat application was submitted; and
WHEREAS, on March 25, 2019, the Planning Board reviewed the Final Plat application
at their Work Session and found the application complete; and
WHEREAS, on May 6, 2019 a Final Plat Public Hearing was held and closed on the
"Final Road and Drainage Prepared for: Big Bing" prepared by David H. Fox, Land
Surveyor dated October 26, 2017 and last revised January 22, 2019; and
WHEREAS, a their April 8, 2019 work session the Planning board agreed to accept the
road name of"Oregon Close"; and
WHEREAS, the Planning Board performed an 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, at their March 25, 2019 work session the Planning Board found that the
proposed subdivision plat presents a proper case for requiring a park suitably located
for recreational purposes, but that a suitable park cannot be properly located due to the
location of the parcel, active agriculture use and the proposed sale of development
rights; and
WHEREAS, Southold Town Code §240-53 G establishes a fee to be paid in lieu of
providing a park within the subdivision, and the required fee is $3,500.00 per new lot
created; and
WHEREAS, the Southold Town Planning Board, pursuant to Town Code §240-56,
Waivers of Certain Provisions, shall have the authority to modify or waive, subject to
appropriate conditions, any provision of these subdivision regulations, if in its judgment
they are not requisite in the interest of the public health, safety and general welfare,
may waive any provision of the subdivision regulations if in its judgment they are not
requisite in the interest of the public health, safety and general welfare. After reviewing
the information submitted for this application, the Planning Board has determined that
due to the following reasons it is eligible for the following waivers; and
1. Environmental Resources Site Analysis Plan (ERSAP) and the Primary and
Area Plan_- Since the subdivision is a conservation
subdivision, the parcels contain large areas in active agriculture upon which the
landowner proposes to sell development rights to Suffolk County and the
Bing Conservation Subdivision Pae 13 July 8, 2019
unbuildable area is limited to the Coastal Erosion Hazard Area, the design of the
subdivision did not require these plans.
2. Clearing Limits on Lots 1, 4, 5, 9 and 10. These lots are cleared or mostly
cleared, in agricultural use or located within close proximity to active agriculture.
Lots 4 and 10 are required to install a landscaped buffer and the remaining lots
are expected to be landscaped; and
3. Clearing Limits on lots 6, 7 and 8. Clearing limits on these lots have been
modified to allow a maximum amount percent to be cleared from 20 percent to 52
percent of buildable lands, excluding right of ways. The Planning Board agreed
to the increase in the clearing limits to compensate for the area that the 50' Non-
Disturbance Buffer and 50' Landscaped Buffer occupy on each lot; and
4. Town Code § 240-49 1 (2). Street trees on Lots 1, 2 and 3 can be waived due to
potential conflicts with current and future agricultural operations and practices;
and
WHEREAS, at their work session on May 6, 2019, the Planning Board found, pursuant
to § 240-49 1 (4) of the Town Code, that the proposed subdivision presents a proper
case for requiring street trees on lots 4, 5, 7, 9, and 10 to be planted for screening or
landscaping purposes, but that a suitable location for said plantings does not exist, or it
is otherwise impracticable due to;
1. The street trees potentially conflicting with current or future agricultural use
and practices; and
2. A public benefit will not be achieved by the planting of street trees on Lots 4,
5, 7, 9 and 10. The lots are on a private street and are located greater than
2,000 feet from a public street (Oregon Road); and
3. Screening and landscaping is expected to be achieved on Lots 4, 5, 7, 9 and
10 through landscaping installed by the future lot owners; and
WHEREAS, the Planning Board has agreed to allow the applicant to pay a sum of
money in lieu thereof in the amount of$350.00 per tree or $8,050.00; and
WHEREAS, the Planning Board hereby waives § 240-49. Clearing. (clearing limits) on
lots 1, 2, 3, 4, 5, 9, and 10, and modifies clearing limits on Lots 6, 7, and 8 to allow an
increase from 20 percent to 52 percent area to be cleared limited to 80,118 square feet
on lot 6, 77,182 square feet on lot 7 and 85,468 square feet on lot 8 of the buildable
lands excluding the area of the right of ways; and
WHEREAS, on August 20, 2019, Robert Fisher, Town Fire Marshal accepted and
approued_(by-email)-the-proposed-6'.mid paved r� c �gd 5 _vide drivable surfaces on _
either side for a total road width of 26' with the condition that an engineer certification is
submitted to the Planning Board that the load bearing weight of the road would support
75,000 lbs.; and
Bing Conservation Subdivision Pae 14 July 8, 2019
WHEREAS, in an August 22, 2019 email, Vincent Orlando,,Town Highway
Superintendent accepted and approved the proposed road specifications; and
WHEREAS, in a November 21, 2019 email the Superintendent of Highways and the
Town Engineer approved the waiver of street trees on Lots 1, 2 and 3; and
WHEREAS, on March 12, 2020 the Town of Southold declared a state of emergency
due to the COVID-19 Pandemic; and
WHEREAS, Conditional Final Approval granted on May 6, 2019 expired during the
State of Emergency exceeding the 360 day maximum extension timeframe; and
WHEREAS, on June 25, 2020 the Final Plat titled "Final Plat of Big Bing" and last
revised January 8, 2020 was submitted; and
WHEREAS, at the July 6, 2020 work session, the Planning Board reviewed the Final
Plat; be it therefore
RESOLVED, pursuant to Town Code §240-56, Waivers of Certain Provisions the
Planning Board hereby waives or modifies § 240-49 1 (4) of the Town Code regarding
1. Waiving the requirements of Town Code §240 to submit the ERSAP and
Primary and Secondary Conservation Plans; and
2. Waiving street trees on Lots 1, 2 and 3 due to potential conflicts with current
and future agricultural operations and practices; and
3. Waiving clearing limits on lots 1, 2, 3, 4, 5, 9, and 10; and
4. Modifying clearing limits on lots 6, 7 and 8 and sets the maximum amount
percent to be cleared from 20 percent to 52 percent of buildable lands
excluding right of ways; and be it further
RESOLVED, the Planning Board, pursuant to SEQRA, makes a determination of non-
significance for the proposed action and grants a Negative Declaration; and be it further
RESOLVED, that the Southold Town Planning Board, as described above, hereby finds
that the proposed subdivision plat presents a proper case for requiring a park suitably
located for recreational purposes, but that a suitable park cannot be properly located on
such subdivision plat, and that the Planning Board will require a Park and Playground
fee in the amount of$21,000.00 in lieu thereof; and be it further
RESOLVED, that the Planning Board determines that this proposed action is consistent
with the policies of the Town of Southold Local Waterfront Revitalization Program; and
be it further
RESOLVED, that the Southold Town Planning Board hereby grants Conditional Final
Plat-A. ppraval_up n-tbe-map-entitle inaL&Qad-and- a Prepared for: Big Bing"
prepared by David H. Fox, Land Surveyor dated October 26, 2017 and last revised
January 22, 2019; and be it further
Bing Conservation Subdivision Pae 15 July 8, 2019
RESOLVED, that the Southold Town Planning Board hereby grants Conditional Final
Plat Approval upon the map entitled "Final Plat Big Bing" prepared by David H. Fox,
Land Surveyor dated last revised January 08, 2020 with the following conditions:
1. Revise the plat entitled "Final Road and Drainage Prepared for: Big Bing" as follows:
i. Title the final plat "Final Road and Drainage Plan for the Clustered
Conservation Subdivision of Big Bing".
ii. Label the width of the flags on Lots 6 and 8.
2. Revise the plat entitled "Final Plat Big Bing" as follows:
iii. Title the final plat "Clustered Conservation Subdivision of Big Bing".
iv. Label the width of the flags on Lots 6 and 8.
3. All future homes are required to use the Innovative/Alternative On-site Wastewater
Treatment Systems (I/AOWTS).
4. Obtain approval from the Suffolk County Department of Health Services on the Final
Plat (with the required Innovative/Alternative On-site Wastewater Treatment
Systems (I/AOWTS).
5. File the Covenants and Restrictions after review and approval by the Planning
Board, with the Suffolk County Clerk's Office and submit proof of filing to the
Planning Board. Legal descriptions for each lot including the flag must be provided
and attached to the documents.
6. Submit the park and playground fee in the amount of$21,000.00.
7.-- Submit a draft bond estimate.
8. Upon approval of the draft bond by the Town Board, submit a performance
guarantee as outlined in Town Code § 240-34. Forms of security; expiration and
terms of bonds; default of the Southold Town Code.
9. Submit the Administration Fee, calculated as 6% of the total bond amount (to be
determined).
10.Submit a street tree fee in the amount of$8,050.00 (23 trees x $350.00 each) for
trees not planted on Lots 4, 5, 7, 9 and 10.
11.Provide proof of the sale of development rights to Suffolk County.
Bing Conservation Subdivision Pae 16 July 8, 2019
12.Confirm that the Final Plat is legible for filing at the Office of the Suffolk County
Clerk.
13.Meet all Chapter 240. Subdivision of Land Article VII. Final Plat Review § 240-21.
Technical requirements.
As a reminder, this Conservation Subdivision requires that at least 75% of
buildable lands will be permanently preserved and protected from all residential
or commercial development by means of the sale, transfer, gift or extinguishment
of Development Rights. A firm indication that the Suffolk County Legislature has
determined that the County intends to pursue the preservation offer, and that
funds are available, is necessary to fulfill this requirement. This indication must
be in the form of an executed purchase contract, or in the case of a gift, an
acceptance of pending gift or other similar means to extinguish the
Developments Rights, and must be presented as part of the Final Plat
Application.
The applicant shall have 180 days to meet the conditions. The Planning Board
may extend this time for no more than two additional periods of 90 days each.
Upon a finding that all conditions have been met, the Planning Board will
schedule the application for a Final Determination at the next available Public
Meeting.
If you have any questions regarding the information contained in this resolution, please
contact the Planning Board Office.
Respectfully,
Donald J. Wilcenski
Chairman
Cc: Janet Longo,
Suffolk County Department of Economic Development and Planning
Melissa Spiro, Land Preservation Coordinator
OFFICE LOCATION: MAILING ADDRESS:
Town Hall Annex P.O. Box 1179
54375 State Route 25 O��QF S�UjyOl Southold, NY 11971
(cor. Main Rd. &Youngs Ave.) Q
Southold, NY Telephone: 631 765-1938
www.southoldtownny,gov
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s'm,��'
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
July 8, 2020
Charles R. Cuddy, Esq.
P.O. Box 1547
Riverhead, NY 11901
Re: SEAR Amended Classification
Peconic Landing Amended Duplex Conversions
1500 Brecknock Road, Greenport
SCTM#1000-35.-1-25
Dear Mr. Cuddy:
The following resolutions were adopted at a meeting of the Southold Town Planning
Board on Monday, July 6, 2020:
WHEREAS, this amended site plan is for the proposed conversion of five (5) existing 1-
story single family dwellings (units 19, 20, 60, 68, 74) to two family 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; and
WHEREAS, on January 13, 2020, the Southold Town Planning Board, pursuant to State
Environmental Quality Review Act (SEQRA) 6 NYCRR, Part 617, classified the
proposed action as an Unlisted Action; and
WHEREAS, after further review of the application and with regard to 617.5(c)(7) of the
SEQRA handbook, "construction or expansion of a primary or accessory/appurtenant,
non-residential structure or facility involving less than 4,000 square feet of gross floor
area and not involving a change in zoning or a use variance and consistent with local
land use controls, but not radio communication or microwave transmission facilities" this
action is a Type II action; and
RESOLVED, that the Southold Town Planning Board has determined that this proposed
-.-.----,.---..-actio.n.,is.an.-Typg ILaction under SEQRA as described above and therefore no further
review is required.
Peconic Landing Duplex Conversions Page 2 July 8, 2020
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 Annex o f SOU lyOP.O. Box 1179
54375 State Route 25 O�� l Southold, NY 11971
(cor. Main Rd. &Youngs Ave.) Q
Southold, NY Telephone: 631 765-1938
www.s outhol dtownny.gov
CIO
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PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
July 8, 2020
Abigail A. Wickham, Esq.
P.O. Box 1424
Mattituck, New York 11952
Re: Timeframe to render a Final Plat Determination —
Proposed Standard Subdivision for Harold R. Reeve & Sons, Inc.
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 & B
Dear Ms. Wickham:
The Southold Town Planning Board adopted the following resolutions at a meeting held on
Monday, July 6, 2020:
WHEREAS, 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; and
WHEREAS, on August 5, 2019 the Southold Town Planning Board granted Conditional
Preliminary Plat Approval upon the map prepared by Howard W. Young, Land Surveyor, entitled
"Subdivision Map of Harold R. Reeve and Sons, Inc.", dated January 8, 2015 and last revised
May 24, 2019 and approval on the Preliminary Road and Drainage Plans last revised May 24,
2019; and
WHEREAS, on February 10, 2020, a Final Plat Public Hearind was held and closed; and
WHEREAS, the Southold Planning Board, pursuant to the Southold Town Code, has 62 days
to render a Final Plat_Determination after the Final Plat Public Hearing is closed; and
WHEREAS, due to the,COVID-19 Pandemic and Town of Southold State of Emergency in
r__ .._resp.onseto-the..pandem�e,.the 62 day timeframe expired on April 12, 2020, and
H.R. Reeve & Sons, Inc. [2] July 8, 2019
WHEREAS, Southold Planning Board and the applicant have mutually agreed to extend the
timeframe to render to extend the timeframe to render a Final Plat Determination from April 12,
2020 to October 5, 2020; therefore be it
RESOLVED, that the timeframe to render decision on the Final Plat is hereby mutually
extended from April 12, 2020 to October 5, 2020.
If you have any questions regarding the information contained in this resolution, please contact
the Planning Board Office.
Respectfully,
Donald J. Wilcenski
Chairman
OFFICE LOCATION: MAILING ADDRESS:
Town Hall Annex OF 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.southoldtownny.gov
�ycoUNTI
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
July 8, 2020
Charles R. Cuddy, Esq.
P.O. Box 1547
Riverhead, NY 11901
Re: Site Plan Approval with Conditions:
Site Plan for Southold Gas Station & Convenience Store
45450 CR 48, s/w corner of CR 48 and Youngs Avenue, Southold
SCTM#1000-55-5-2.2 Zoning District: General Business (B)
Dear Mr. Cuddy:
The following resolution was adopted at a meeting of the Southold Town Planning Board
on July 6, 2020:
WHEREAS, this Amended Site Plan is proposed to demolish an existing 3,476 sq. ft.
building (formerly for vehicle detailing, RV sales and servicing) and construct a 2,400 sq. ft.
convenience store with vehicle fuel sales (ZBA file 6839SE), one canopy at 2,520 sq. ft.
with: 4 fuel pumps (8 fueling stations) and 26 parking spaces on 1.46 acres in the General
Business (B) Zoning District; and
WHEREAS, on March 31, 2015, Charles Cuddy, authorized agent, submitted an Amended
Site Plan Application for review for the proposed conversion of an existing 3,476 sq. ft.
building (formerly for vehicle detailing, RV sales and servicing) to a convenience store and
vehicle fuel sales, with: 6 fuel pumps (12 fueling stations), two canopies, one at 50' x 24'
(1,200 sq. ft.) and the other at 50' x 50' (2,500 sq. ft.) and 29 parking spaces on 1.46 acres
in the General Business (B) Zoning District, Southold; and
WHEREAS, on April 20, 2015, the Planning Board found the application incomplete for
review and required information and plans to be submitted; and
Southold Gas Station Page 2 July 8, 2020
WHEREAS, on May 8, 2015, Garrett Strang, R.A., submitted site plans and information for
review; and
WHEREAS, on May 18, 2015, the Planning Board found the application incomplete for
review and required information and plans to be submitted; and
WHEREAS, on June 25, 2015, Garrett Strang, R.A., submitted revised plans and
information for review; and
WHEREAS, on July 6, 2015, the Planning Board accepted the application as complete for
review; and
WHEREAS, on July 6, 2015, the 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 July 14, 2015, the Southold Town Planning Board entered a Letter of
Agreement with AKRF Consulting Services to provide assistance with review due to the
scope and potential cumulative impact of the proposed project; and
WHEREAS, on July 15, 2015, the Planning Board, pursuant to Southold Town Code §280-
131 C. and pursuant to 6 NYCRR Part 617, Section 617.7 of the State Environmental
Quality Review Act (SEQRA), the Planning Board coordinated with all involved and
interested agencies and distributed the application to the required agencies for their
comments; and
WHEREAS, on August 3, 2015, Charles Cuddy, authorized agent, submitted monies for
the environmental review consultant as required; and
WHEREAS, on August 3, 2015, the Planning Board held a public hearing and it was
adjourned without a date, pending the completion of an environmental assessment,
including traffic impacts, pursuant to the State Environmental Quality Review Act
(SEQRA). The record remained open for written comment during the adjournment; and
WHEREAS, on August 4, 2015, the Planning Board authorized AKRF for Consulting
Services; and
WHEREAS, on August 6, 2015, the Southold Town Fire Inspector reviewed and
determined that there was adequate fire protection and emergency access for the site; and
WHEREAS, on August 17, 2015, the Southold Fire District determined there was adequate
fire protection for the site; and
_VNHEREA-S,on_Augusj.212015, Garrett Strang, RµA. submitted arevised photometric
plan and information for review; and
Southold Gas Station Page 3 July 8, 2020
WHEREAS, on August 24, 2015, the Suffolk County Department of Public Works
(SCDPW) 'provided correspondence stating that a`239F Highway Work Permit would be
required for the proposed action; and
WHEREAS, on August 26, 2015, the Southold Town Engineer reviewed the proposed
application and determined that certain revisions were required on the site plan in order to
meet the minimum requirements of Chapter 236 for Storm Water Management; and
WHEREAS, on August 31, 2015, the Planning Board reviewed the letter issued by AKRF
and required revisions and additional information to Part 1 of the Full Environmental
Assessment Form (FEAF); and
WHEREAS, on September 9, 2015, the Architectural Review Committee (ARC) provided
comments and adjourned the application until the environmental review was completed;
and
WHEREAS, on October 6, 2015, the Suffolk County Planning Commission (SCPC)
determined the action to be a matter for local determination; and
WHEREAS, on October 14, 2015, Charles Cuddy, authorized agent, submitted a revised
FEAF for review; and
WHEREAS, on October 27, 2015, the NYS Department of Environmental Conservation
(DEC) Natural Heritage program provided correspondence stating that there are no
records of rare or state-listed animals or plants or significant natural communities at this
site or in its immediate vicinity; and
WHEREAS, on November 2, 2015, the Planning Board, as Lead Agency, performed a
coordinated review of the Unlisted Action pursuant to 6 NYCRR Part 617, Section 617.7 of
the State Environmental Quality Review Act (SEQRA) and determined that the proposed
action may have a significant impact on the environment and that a Draft Environmental
Impact Statement will be prepared; and
WHEREAS, it was determined that Type I procedures would be used for the review of the
Unlisted Action due to the Lead Agency determination that there are potential adverse
impacts regarding a sensitive resource within its jurisdiction and the Type I procedures
would be more helpful; and
WHEREAS, on November 2, 2015, the Southold Town Planning Board, pursuant to
SEQRA, made a determination of significance for the proposed action and issued a
Positive Declaration; and
WHEREAS, on December 7, 2015, the Suffolk County Water Authority (SCWA) issued a
letter of water availability for the subject site but acknowledged concerns for potential
irrigation-usage;-and
Southold Gas Station Page 4 July 8, 2020
WHEREAS, on July 11, 2016, Jeffrey L. Seeman, CEP, submitted a Draft Environmental
Impact Statement (DEIS) for review; and
WHEREAS, on August 9, 2016, Charles Cuddy, authorized agent, submitted a Traffic
Impact Study for review; and
WHEREAS, on August 8, 2016, the Planning Board and the applicant memorialized an
agreement regarding the SEQR review timeframes for the DEIS; and
WHEREAS, on August 15, 2016 and August 18, 2016, Charles Cuddy, authorized agent,
submitted hard copies of the DEIS and Traffic Impact Study; and
WHEREAS, on September 12, 2016, the Planning Board determined the'DEIS inadequate
for public review due to omissions and deficiencies detailed in the September 13, 2016
Planning Board letter; and
WHEREAS, on December 16, 2016, Jeffrey L. Seeman, CEP, submitted a revised Draft
Environmental Impact Statement (DEIS) for review; and
WHEREAS, on January 19, 2017, the Planning Board and the applicant agreed to extend
the timeframe to render a determination of adequacy for the DEIS; and
WHEREAS, on February 7, 2017, the Planning Board reviewed the resubmitted DEIS and
determined it inadequate for public review due to deficiencies detailed in the February 7,
2017 Planning Board letter; and
WHEREAS, on May 16, 2017, Charles Cuddy, authorized agent, submitted a revised DEIS
for review; and
WHEREAS, on July 10, 2017, the Planning Board found the resubmitted DEIS as
adequate for public review; and
WHEREAS, on August 14, 2017, the Public Hearing was continued and held open for 30
days for written comments; and
WHEREAS, on October 2, 2017, the Planning Board requested the applicant to provide
draft,responses to the substantive and general comments received on the DEIS; and
WHEREAS, on October 27, 2017, Charles Cuddy, authorized agent, submitted a letter
agreeing to a 30 day extension to compete the Final Environmental Impact Statement
(FEIS); and
WHEREAS, on November 9, 2017, the Planning Board required alternative boring sample
locations in addition to locations shown on the plan; and
Southold Gas Station Page 5 July 8, 2020
WHEREAS, on March 8, 2018, Charles Cuddy, authorized agent, submitted a FEIS for
review; and
WHEREAS, on May 7, 2018, the Planning Board and applicant agreed to a 30 day
extension to complete review of the submitted FEIS; and
WHEREAS, on May 31, 2018, the Planning Board requested AKRF to review the traffic
and safety and the proposed site plans access points; and
WHEREAS, on June 6, 2018, the Planning Board authorized AKRF to review the traffic
and safety and the proposed site plans access points; and
WHEREAS, on June 20, 2018, AKRF submitted a memorandum to the Planning Board for
review; and
WHEREAS, the Southold Town Planning Board, as lead agency and pursuant to the State
Environmental Quality Review Act, found the Draft Environmental Impact Statement for the
application referenced above to be adequate and acceptable for public review on July 10,
2017, held the requisite public hearing and public comment period, reviewed all comments
and completed a Final Environmental Impact Statement (FEIS); and
WHEREAS, on July 9, 2018, upon review of the FEIS, the Southold Town Planning Board
found that the FEIS adequately responded to the comments and the Planning Board would
facilitate the preparation of findings; and
WHEREAS, on July 9, 2018, the Southold Town Planning Board found the Final
Environmental Impact Statement to be complete and authorized and directed the Planning
Board Chairman to submit the Notice of Completion pursuant to Part 617 of the
implementing regulations pertaining to Article 8 of the Environmental Conservation Law
within five business days; and
WHEREAS, on July 10, 2018, the FEIS was filed; and
WHEREAS, on September 10, 2018, the Planning Board adopted the Findings Statement;
and
WHEREAS, on November 15, 2018, the Southold Town Zoning Board of Appeals (ZBA)
adopted the Findings Statement; and
WHEREAS, on April 15, 2019, the ZBA issued a Special Exception for file 6839SE with
seven conditions; and
WHEREAS, on June 27, 2019, Charles Cuddy, authorized agent, submitted revised site
plans and information for review; and
Southold Gas Station Page 6 July 8, 2020
WHEREAS, on August 5, 2019, the Planning Board reviewed and discussed the revised
site plan and distributed it to certain agencies for comment; and
WHEREAS, on September 11, 2019; the ARC approved the revised site plan as submitted
with certain recommendations to be considered by the Planning Board; and
WHEREAS, on October 10, 2019, the Southold Town Engineer reviewed the proposed
application and determined that certain revisions were required on the site plan in order to
meet the minimum requirements of Chapter 236 for Storm Water Management; and
WHEREAS, on October 11, 2019, the Town of Southold Local Waterfront Revitalization.
Program Coordinator reviewed the proposed project and determined the project to be
consistent with Southold Town LWRP policies with recommendations to the Planning
Board; and
WHEREAS, on October 21, 2019, the Planning Board reviewed the revised site plan
comments and required revisions and additional information to be submitted for review;
and
WHEREAS, on February 11, 2020, Charles Cuddy, authorized agent, submitted $1,750 to
the Southold Town Tree Fund as required; and
WHEREAS, on February 21, 2020, the Southold Town Engineer reviewed the proposed
application and determined that the site plan met the minimum requirements of Chapter
236 for Storm Water Management and that Erosion and Sediment Controls would need to
be added to the plan; and
WHEREAS, on February 24, 2020, Charles Cuddy, authorized agent, submitted revised
site plans for review; and
WHEREAS, on February 24, 2020, the Planning Board reviewed the revised site plan and
required certain information to be added to the site plan; and
WHEREAS, on March 17, 2020, in a state of emergency response to the COVID-19 public
health pandemic , the Town of Southold closed its offices to non-essential employees
including the Planning Department; and
WHEREAS, on June 15, 2020, the Planning Board continued their review of the proposed
application and determined that with exception of Suffolk County Department of Health
Services (SCDHS) approval, all applicable requirements of the Site Plan Regulations,
Article XXIV, §280 — Site Plan Approval of the Town of Southold were met; and
WHEREAS, on June 29, 2020, Charles Cuddy, authorized agent, submitted final site plans
including an Erosion and Sediment Control plan; and
Southold Gas Station Page 7 July 8, 2020
WHEREAS, on June 30, 2020, the Southold Town Chief Building Inspector reviewed and
certified the proposed Convenience Store as a permitted use in the General Business (B)
Zoning District;' and
WHEREAS, on July 1, 2020, the Southold Town Chief Building Inspector reviewed and
certified the proposed Gasoline Service Station as a use permitted by special exception in
the General Business (B) Zoning District pursuant to ZBA file 6839SE; 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 hereby grants Approval With
Conditions, listed below, of the amended site plan entitled "45450 County Road 48
Southold, NY" prepared by Eric Nicosia, R.A., last revised June 17, 2020, and authorizes
the Chairman to endorse the site plan after Condition "A" below is met:
Condition to be fulfilled prior to approval/endorsement of site plan:
A. Obtain approval from the Suffolk County Department of Health Services (SCDHS) and
provide one (1) print of the approved plan including the allowable flow for the site with
the seal, stamp and signature of the SCDHS .
Condition to be fulfilled prior to the issuance of a building
permit:
B. File the required Covenants & Restrictions with the Office of the Suffolk County Clerk
and provide receipt of filing, including the Liber and Page number, directly to the
Planning Department.
Ongoing Conditions:
1. Prior to the commencement of any construction activity or clearing, the
perimeter of the area of disturbance shall be staked and the Planning Board shall
conduct a site visit to observe existing trees and determine which can be preserved
to the extent practicable;
2. Lighting: All nonessential exterior lighting shall be turned off within 1/2 hour after
the close of business. Lights that are motion-sensor-activated may be used where
necessary for security purposes;
3. Irrigation of lawn: Irrigation is only permitted within the front landscaped area. No
permanent lawn irrigation is permitted in the rear and side landscape areas. Only
-.------------.-.----------.drought-toter.ant-grass.seed_mixes_are..permifted_withinAhe_r2.ac.an.d.side_.-__...-.__.__.___._._ _ .._._..._
landscaped areas.
Southold Gas Station Page 8 July 8, 2020
a. Rain sensors or similar shall be used to prevent unnecessary watering;
4. Transition buffer: A 6' high wood stockade fence is required along the south
property line to satisfy the transition buffer requirement. This fence shall run along
the property line and shall not interfere with the existing mature hedge row on the
adjacent parcel. All efforts shall be made to preserve the existing integrity of the
existing hedgerow along the adjacent,parcel for screening purposes.
a. During construction, the fence shall not interfere with the existing hedgerow if
the hedgerow is not exactly parallel to the property line;
5. If during, queuing there is a long line of vehicles (as may be the scenario during an
emergency) the facility operators will place a sign to advise motorists that vehicles
must be turned-off and restarted to advance along the queuing line;
6. Heavy construction such as excavation, grading, and general site work must not
take place on Sundays or holidays, and all construction will comply with the
Southold Town noise ordinance limiting all construction work between 7:OOam and
7:OOpm;
7. Preserve existing trees on site to the extent feasible;
8. The storage and sale of vehicles on site is prohibited;
9. The use of security cameras shall be employed to deter crime;
10.Loitering on site shall be prohibited;
11.Signs stating "No littering" shall be posted on site, and litter shall be picked up
promptly;
12.Outdoor audio speakers, television monitors or screens on or within the pump
stations, or on or around the building are prohibited; and
13.No signs, exterior lights or flags are permitted on site except for those specified on
the approved site plan.
Please also note the following requirements in the Southold Town Code relating to Site
Plans:
1. Any additional lighting fixtures or lighting fixtures that are different than those
approved as part of the Lighting Plan for this site plan application require Planning
Board review and approval prior to installation.
driveways and,gravel areas.must be contained
on site.
Southold Gas Station Page 9 July 8, 2020
3. Proposed storm water run-off containment systems must be inspected by the Town
Engineer at the time of installation. Please call the Southold Town Engineer prior to
beginning this work.
4. Approved Site Plans are valid for eighteen months from the date of approval, within
which time all proposed work must be completed, runless the Planning Board grants
an extension.
5. Any changes from the Approved Site Plan shall require Planning Board approval.
6. Prior to the issuance of a Certificate of Occupancy,, the Planning Board must inspect
the site to ensure it is in conformity with the Approved Site Plan, and issue a final
site inspection approval letter. Should the site be found not in conformance with the
Approved Site Plan, no Certificate of Occupancy may be issued unless the Planning
Board approves the changes to the plan.
If you have any questions regarding the above, please contact this office.
Respectfully,
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Donald J. Wilcenski
Chairman i
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cc:
Michael Verity, Chief Building Inspector
Michael Collins, Town Engineer i
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By signing this letter, the applicant acknowledges that the are Town Code requirements
and conditions, including those listed above, that must bei satisfied prior to the issuance of
a Certificate of Occupancy.
Print name: , Applicant
Signature: Date:
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