HomeMy WebLinkAboutPB-02/10/2020 OFFICE LOCATION: MAILING ADDRESS:
Town Hall Annex P.O.P.O. Box 1179
54375 State Route 25 � ��® Southold, NY 11971
(cor.Main Rd. &Youngs Ave.)
Southold NY ;` 'z=� F5= Telephone: 631765-1938
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PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
RECEIVED
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S0 thold To Clerk
PUBLIC MEETING
MINUTES
February 10, 2020
6:00 p.m.
Present were: James,H. Rich III, Vice-Chairman
Pierce Rafferty, Member
Mary Eisenstein, Member
Heather Lanza, Planning Director
Mark Terry, Assistant Planning Director
Brian Cummings, Planner
Erica Bufkins, Planner
William Duffy, Town Attorney
John Burke, Assistant Town Attorney
Jessica Michaelis, Office Assistant
SETTING OF THE NEXT PLANNING BOARD MEETING
Vice-Chairman 'Rich: Good afternoon and welcome to the February 10, 2020 Planning
Board meeting. The first order of business is for the 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.
Mary Eisenstein: So moved.
Pierce Rafferty: Second.
Southold Town Planning Board Page 12 February 10, 2020
Vice-Chairman Rich: Motion made by Mary, seconded by Pierce. Any discussion? All
in favor?
Ayes.
Opposed?
None.
Motion carries.
SUBDIVISIONS
Final Plat Extension:
Vice-Chairman Rich: 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
Pierce Rafferty:
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.
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
I
Southold Town Planning Board Page 13 February 10, 2020
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.
Mary Eisenstein: Second.
Vice-Chairman Rich: Motion made by Pierce, seconded by Mary. Any discussion? All
in favor?
Ayes.
Opposed?
None.
Motion carries.
Set Hearing/STATE ENVIRONMENTAL QUALITY REVIEW ACT Type
Classification/ Refund Application Fee:
Vice-Chairman Rich: 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
Mary Eisenstein:
WHEREAS, on August 6, 2019, one of the applicants, Victor & Mary Zupa submitted a
resubdivision application with the required $500.00 application fee; and
Southold Town Planning Board Page 14 February 10, 2020
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
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 11 Action under SEQRA as described above;
I
Southold Town Planning Board Page 15 February 10, 2020
Pierce Rafferty: Second.
Vice-Chairman Rich: Motion made by Mary, seconded by Pierce. Any discussion? All
in favor?
Ayes.
Opposed?
None.
Motion carries.
Mary Eisenstein: And be it further
RESOLVED, that the Southold Town Planning Board, pursuant to §240-56 Waivers of
certain provisions, hereby waives the following provisions of subdivision:
a. Article V. Sketch Plat Review;
b. §240-10 (A): Existing Resources Site Analysis Plan (ERSAP);
c. §240-10 (8):Yield Plan;
d. §240-10 (C): Primary & Secondary Conservation Area Plan;
e. Article VI: Preliminary Plat Review;
Pierce Rafferty: Second.
Vice-Chairman Rich: Motion made by Mary, seconded by Pierce. Any discussion? All
in favor?
Ayes.
Opposed?
None.
Motion carries
Mary Eisenstein: And be it further
RESOLVED, that the Southold Town Planning Board 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,
Pierce Rafferty: Second.
Southold Town Planning Board Page 16 February 10, 2020
Vice-Chairman Rich: Motion made by Mary, seconded by Pierce. Any discussion? All
in favor?
Ayes.
Opposed?
None.
Motion carries.
Mary Eisenstein: And be it further
RESOLVED, that the Southold Town Planning Board sets Monday, April 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.
Pierce Rafferty: Second.
Vice-Chairman Rich: Motion made by Mary, seconded by Pierce. Any discussion? All
in favor?
Ayes.
Opposed?
None.
Motion carries.
STATE ENVIRONMENTAL QUALITY REVIEW ACT Determination:
Vice-Chairman Rich: 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
Southold Town Planning Board Page 17 February 10, 2020
Pierce Rafferty:
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
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
Southold Town Planning Board Page 18 February 10, 2020
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;
Mary Eisenstein: Second.
Vice-Chairman Rich: Motion made by Pierce, seconded by Mary. Any discussion? All
in favor?
Ayes.
Opposed?
None.
Motion carries
Pierce Rafferty: 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 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.
Southold Town Planning Board Page 19 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).
Mary Eisenstein: Second.
Vice-Chairman Rich: Motion made by Pierce, seconded by Mary. Any discussion? All
in favor?
Ayes.
Opposed?
None.
Motion carries
SITE PLANS
Set Hearings:
Vice-Chairman Rich: 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
Mary Eisenstein:
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
Southold Town Planning Board Page 110 February 10, 2020
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;
Pierce Rafferty: Second.
Vice-Chairman Rich: Motion made by Mary, seconded by Pierce. Any discussion? All
in favor?
Ayes.
Opposed?
None.
Motion carries
Mary Eisenstein: And be it further
RESOLVED, that the Southold Town Planning Board sets Monday, 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.
Pierce Rafferty: Second.
Vice-Chairman Rich: Motion made by Mary, seconded by Pierce. Any discussion? All
in favor?
Ayes.
Opposed?
None.
Motion carries
Vice-Chairman Rich: Eastern Long Island Kampground 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 111 February 10, 2020
Pierce Rafferty:
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.
Mary Eisenstein: Second.
Vice-Chairman Rich: Motion made by Pierce, seconded by Mary. Any discussion? All
in favor?
Ayes.
Opposed?
None.
Motion carries
Pierce Rafferty: 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.
Mary Eisenstein: Second.
Vice-Chairman Rich: Motion made by Pierce, seconded by Mary. Any discussion? All
in favor?
Ayes.
Opposed?
None.
Motion carries
Southold Town Planning Board Page 112 February 10, 2020
Litigation - Stipulation of Settlement:
Vice-Chairman Rich: Cell Tower at Laurel Stone — This proposed Site Plan is for a
120' tall wireless telecommunications facility monopole for one Verizon section 110' -
120' a.g I. and two AT&T antenna sections 90' - 1 10' 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
Mary Eisenstein: Mr. Vice-Chairman, I offer the following
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"
Pierce Rafferty: Second.
Vice-Chairman Rich: Motion made by Mary, seconded by Pierce. Any discussion? All
in favor?
Ayes.
Opposed?
None.
Motion carries
PUBLIC HEARINGS - HEARINGS HELD OVER
Vice-Chairman Rich: 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
Vice-Chairman Rich: At this time if anyone would like to address the Board, please
step to the podiums, write and state your name for the record. Please direct all of your
comments to the Board. Thank you
Southold Town Planning Board Page 113 February 10, 2020
Robert Evans: Robert Evans, 539 Whistler Avenue Fishers Island, NY. Did I hear you
characterize the lot as currently zoned under R-120?
Vice-Chairman Rich: That is what I have here, yes. That is correct.
Robert Evans: My understanding is the entire 198 acre parcel is zone R-400. Is that
incorrect?
Jessica Michaelis: We're on the Baker & Baker Resubdivision right now, Mr. Evans.
The Fishers Island Airport Hangar will be the next hearing.
Robert Evans: Oh, I'm sorry. I beg your pardon.
Vice-Chairman Rich: Yes, this is Baker & Baker Resubdivision. Does anyone else wish
to address the Board on Baker & Baker?
Pierce Rafferty: I make a motion to close the hearing.
Mary Eisenstein: Second.
Vice-Chairman Rich: Motion made by Pierce, seconded by Mary. Any discussion? All
in favor?
Ayes.
Opposed?
None.
Motion carries
Pierce Rafferty: Mr. Vice-Chair, I'd like to offer the following:
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
Southold Town Planning Board Page 114 February 10, 2020
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
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:
f. Sketch Plat Review;
g. Existing Resources Site Analysis Plan (ERSAP);
h. Yield Plan;
i. Primary & Secondary Conservation Area Plan;
j. 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
Southold Town Planning Board Page 115 February 10, 2020
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
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;
Mary Eisenstein: Second.
Vice-Chairman Rich: Motion made by Pierce, seconded by Mary. Any discussion? All
in favor?
Ayes.
Opposed?
None.
Motion carries
Pierce Rafferty: 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.
Southold Town Planning Board Page 116 February 10, 2020
Mary Eisenstein: Second.
Vice-Chairman Rich: Motion made by Pierce, seconded by Mary. Any discussion? All
in favor?
Ayes.
Opposed?
None.
Motion carries
Vice-Chairman Rich: 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
Vice-Chairman Rich: At this time, if anyone would like to address the Board on Fishers
Island Airport Hangar, please step to the podium, state and write your name for the
record. Please address all of your comments to the Board.
Robert Evans: I have some questions regarding that proposal. As I understand it, the
playground is a single 198 acre lot, zoned R-400. R-400 denotes 10 acre, single family
residents. The hangar proposal has received Planning Board consideration because it
has been deemed an appropriate accessory structure for an airport by the Town
Building Inspector. My questions are: does R-400 support an airplane hangar? Similarly,
does R-400 support the other commercial, industrial operations that currently operate
under variously arrangements with the Ferry District? If the airport is considered distinct
from the rest of the parcel, where are the boundaries that delineate the end of one and
the beginning of another? If it is not considered distinct, then is the entire 198 acres
subject to development by appropriate accessory activities? The Fishers Island Ferry
District claims it's authority to enter leases and allow development from both its
management agreement with the town, the owners, and from the enabling act. It claims
it has immunity from zoning specifically from the Enabling Act. The Enabling Act is a
New York State-legislated act. Does such legislation supersede the ownership rights of
the Town of Southold? Does it take precedence over the Town of Southold zoning
authority? In the mid-seventies, the then-current boarder to Fishers Island Ferry District
asked for and received the R-400 zoning as a protective measure against development.
Does that accommodation, which the Town then accorded, establish a precedent that
should now be honored?
Heather Lanza: Oh, it looks like we got cut off. (Tried to connect again to Fishers
Island, unsuccessfully) I'll ask her if there was anyone else who wanted to speak. You
could always leave it open for written comment for a couple of weeks, so if people feel
like they weren't heard, they can submit written comments.
Southold Town Planning Board Page 117 February 10, 2020
Vice-Chairman Rich: We have to get that message to them somehow.
Heather Lanza: Yes, I'm texting her right now. Is that what you prefer to do? We don't
seem to be able to connect otherwise. Though, I'll try one more time, they said they're
back (tries to connect again to Fishers Island, unsuccessfully). It's not working; do you
want to keep the hearing open for written comments?
Vice-Chairman Rich: Do you want to keep the hearing open for written comments for
one more week?
Heather Lanza: However long you want.
Pierce Rafferty: Doesn't matter, make it two weeks and I'll talk to them. I'd like to make
a motion that we keep the Fishers Island Airport Hangar hearing open for two weeks to
receive written comments.
Mary Eisenstein: I second it.
Vice-Chairman Rich: Motion made by Pierce, seconded by Mary. Any discussion? All
in favor?
Ayes.
Opposed?
None.
Motion carries
Vice-Chairman Rich: 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
Vice-Chairman Rich: At this time, if anyone would like to address the Board on
Pederson Standard Subdivision, please step to the podium, state and write your name
for the record. Please address all of your comments to the Board.
Charles Cuddy: I'm Charles Cuddy, I represent the applicant, the Pederson's. This is a
subdivision that could have 6 lots, it has 3 lots. I don't know if there is any problem
today but previously, when this was on, it was a question of the notices sent to people.
believe that's been cured. The applicants believe they have the appropriate subdivision
and would ask the Board to eventually to close this hearing. If someone else wants to
speak, that's fine.
Southold Town Planning Board Page 118 February 10, 2020
Thalia Misthos: I have a question; do I have to go to the podium?
Vice-Chairman Rich: Please. State your name?
Thalia Misthos: Hi, Thalia Misthos, 375 Southern Boulevard. I just had a question; I'm
a novice here, so... The plans that we received via certified mail, the open area
easements, does that mean they can build in those particular areas?
Vice-Chairman Rich: No, I think the way this is laid out is this one — and I don't have
every application memorized — but as I recall, this is one lot that has the open land
attached to it. There is an area in that lot that they can build for themselves, but the rest
of it will have to remain open.
Thalia Misthos: Okay, the reason I was asking is, in the actual mail that I received, it
has a big chunk that says "Open Space Easement" but then, one of my neighbors here,
she received, like an aerial view, photograph of the area and it almost looks like the
area that's highlighted that they can build on, in that particular view, it looks like it
boarders our property, where the one I received says "Open Area Easement" so I'm a
little bit confused as to how much of the area can be built upon.
Vice-Chairman Rich: And which lot are you?
Thalia Misthos: I'm at 375 Southern Boulevard, so I'm like, the second one in if you
look at the intersection of Rocky Point road and Southern Boulevard, I'm the second
one in — all the way to your left. No, down the other way.
Charles Cuddy: Mr. Chairman, maybe I can help, I have the map here.
Vice-Chairman Rich: That will be Open Space Area, that is part of Lot One.
Thalia Misthos: So the area behind it, you're saying.
Vice-Chairman Rich: Yes, lot one looks to me like it's already improved, with that one
building up there and there will be a lot two and a lot three to the east of that, both of
them will have some open space that will continue over to the lots that area on Ceder
Drive, but they're will be no — it's all open space that will be touched back down towards
the Southern Boulevard lots and also to Cedar Drive lots. So Charles has the map we
can put this out later...
Thalia Misthos: So that's conserved property.
Heather Lanza: The map is posted out front.
Vice-Chairman Rich: Okay, the map is posted out front. You can take a look at it..
Thalia Misthos: Can anything change down the line or is that something..
Southold Town Planning Board Page 119 February 10, 2020
Vice-Chairman Rich: No. That can legally not change, no.
Thalia Misthos: Okay, and another question I have is: some our neighbors are
wondering, because we have well water in the area, with all the construction going on,
will that affect any of the water issues?
Vice-Chairman Rich: Will that be well water there?
Charles Cuddy: It's going to be well water.
Vice-Chairman Rich: It's going to be well water so Suffolk County will have to issue —
before anything can be built on these —they'll have to ascertain that there is adequate
water supply for both incoming water and waste.
Thalia Misthos: Okay, and now this is just purely curiosity based, the planning on when
the construction is going to start and finish, are we looking at...
Vice-Chairman Rich: That's not part of our preview.
Thalia Misthos: Okay, I was just curious.
Vice-Chairman Rich: I mean, these lots can be sold as soon as it's approved or they
could sell 20 years from now, that's not something we have any control over.
Thalia Misthos: Okay, I just didn't know if that information was kind of given. Okay.
Thank you.
Vice-Chairman Rich: Thank you.
Anna Melis: Can I go next?
Vice-Chairman Rich: Yes, this is really more for comments than questions but yes.
Anna Melis: Oh, well, who do we go for questions then?
Heather Lanza: The Planning Department.
Vice-Chairman Rich: Yes, you can call the Planning board with any questions.
Erica Bufkins: Or the project manager.
Anna Melis: I spoke to him and hi, Anna Melis. 2 lots on Aquaview Avenue, 1110 and
1115, a couple questions. On 1115 lot, it backs into I guess where house number 3's
going on? A little further, that "L-shape" lot? That's like this? Right there, yes. I know
Southold Town Planning Board Page 120 February 10, 2020
there are certain rules for wells and cesspools, etcetera. I tried to calling the health
department, if I want to build on that empty lot, there shouldn't be a problem, correct?
Vice-Chairman Rich: That would be between you and the Health Department and the
same thing with this house, if it's a house that's going to be built on lot 3, they are going
to have to get— after they get approved by us- they're going to have to get specific
Health Department location for wells and stuff— as would you on that lot.
Anna Melis: Right, but I would do it after they build — let's say — in 20 years.
Vice-Chairman Rich: You could do it before or after, you know, that's not our area of
review.
Anna Melis: My question is, really, if that's an empty lot and eventually I would like to
build, can they come to me and say that I cannot build on that lot? Anyone? Because as
it stands right now, that lot is empty.
Vice-Chairman Rich: I can't answer that question, that would be between you and the
Health Department. You have to make sure that you can get approval — I don't know
any laws that might develop down the road.
Anna Melis: Okay, alright, that really doesn't answer my question.
Vice-Chairman Rich: No, it doesn't, because I can't answer that question. Because it's
a lot that's not a part of this subdivision and it has to be — any lot that you're building has
to have — regardless of what the subdivision is —you have to go to Suffolk County
Health Department and get a well located or have Suffolk County water and then you
have to locate your septic system. This lot is no different than any other lot, so I can't
answer that question.
Anna Melis: Okay, alright. And my next question is: there's obviously a lot of trees,
would they clear up to the border? Up to the line? See we're concerned how far of a
back yard are they going? I know there's a line, sure.
Erica Bufkins: It's shown on the map, the line of clearing.
Anna Melis: Are they leaving some of the — I mean, we're talking over— how many total
acres is that? How many —
Vice-Chairman Rich: It's 9 2 acres.
Anna Melis: 9.2 acres. Are they taking all the trees down?
Southold Town Planning Board Page 121 February 10, 2020
Vice-Chairman Rich: There will be clearing limits, there will be buffers but this hasn't
been determined. This is an initial public hearing for your comments and you're certainly
welcomed to make a comment that says "Save the trees as much as possible as we
move this forward," I can't answer these questions; we're taking input, not answering
questions here.
Anna Melis: Okay then I have one more question: What are the restrictions on each
lot? What I received says they're restrictions which would require open space, like, do
you know how much open space?
Vice-Chairman Rich: Well, that's shown on each of the maps, I don't have a
breakdown here but you can look at the maps. Charles, do you want to answer that— if
you have that information?
Charles Cuddv: Just so you know, Lot 3, which is the lot you're concerned about, is
76,726 square feet, the open space here is going to be 32,000 square feet, and so the
area that they can build in is 44,000 — a little bit over an acre. That doesn't mean they're
going to take all the trees there.
Anna Melis: Okay, alright. Thank you.
Vice-Chairman Rich: Does anyone else wish to address the Planning Board on this?
Anna Melis: Oh and by the way, I do want to say something. About the mailing? We got
two each — and my neighbor next door got nothing, so I don't know if that needs to be
corrected.
Charles Cuddy: As far as I know, all of the mailings were sent out as requested.
Jessica Michaelis: They were.
Anna Melis: Well I have two enveloped to one person. They have the same address!
So, in other words, two families got three notices and my neighbor—who I called to see
if she was coming — got nothing. She had not a clue this was going on.
Charles Cuddv: I think all of the people who were required to get notices, got notices.
Anna Melis: She's one of those back houses, not that it matters but just to correct what
was said. Thank you.
Vice-Chairman Rich: Does anyone else wish to address the Planning Board on this?
Charles, do you have anything else to add?
Southold Town Planning Board Page 122 February 10, 2020
Charles Cuddy: I think this is an appropriate subdivision, of course, having 3 lots on 9
acres is something that the Board looks for; I would ask that the hearing be closed at
this point.
Pierce Rafferty: I make a motion to close this hearing.
Mary Eisenstein: Second.
Vice-Chairman Rich: Motion made by Pierce, seconded by Mary. Any discussion? All
in favor?
Ayes.
Opposed?
None.
Motion carries
PUBLIC HEARINGS
Vice-Chairman Rich: 6:01 p.m. - Peconic Landing Amended - Duplex Conversions
—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
Vice-Chairman Rich: At this time if anyone would like to address the board, please
step to the podiums, write and state your name for the record. Please direct all of your
comments to the Board. Thank you.
Charles Cuddy: Charles Cuddy, I appear on behalf of Peconic Landing in Southold,
which is the owner of the property. You've had this before because there has been a
duplex for 107, there's been a duplex for 108, which means they're being split in half
and that's what's happening again with these 5 units. Instead of just a single cottage,
which has been too big for many people, we're making the cottages into two units,
which allows for approximately 1,000 — 1,100 square foot apartment-type of unit, which
seems for be more minable to those people who will be coming to Peconic Landing. So
all we're asking for the Board is the same that was done previously—to approve these 5
duplex units and so that we can go ahead because we have people who want to
purchase them. Thank you.
Southold Town Planning Board Page 123 February 10, 2020
Vice-Chairman Rich: Thank you. Does anybody else wish to address the Board on
Peconic Landing? Anyone? Does the Planning Board have any questions for Mr.
Cuddy?
Mary Eisenstein: I make a motion to close this hearing.
Pierce Rafferty: Second.
Vice-Chairman Rich: Motion made by Mary, seconded by Pierce. Any discussion? All
in favor?
Ayes.
Opposed?
None.
Motion carries
Vice-Chairman Rich: 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
Vice-Chairman Rich: At this time if anyone would like to address the board, please
step to the podiums, write and state your name for the record. Please direct all of your
comments to the Board. Thank you.
Katie Golder: My name is Katie Golder, and I live right behind the library where they
want to but 25 or so more parking spaces. 1 understand now the gist of how this works, I
know you're not really looking for questions but I do have questions, like: How far back
are they going to go? Are they going to take down all the trees? Are they going to put up
a fence? Like, I have a lot of questions.
Mark Terry: Mr. Vice-Chair, can you clarify that the public can ask questions but you're
not going to be able to give them answers?
Vice-Chairman Rich: As Mark is saying, you can ask certainly ask questions, but we
are really here to collect information, not answer some of these questions. We will make
an effort to answer these questions, I will have to take a look at this because I don't
have all of these memorized. Is this posted outside also?
Jessica Michaelis: Yes.
Heather Lanza: I just want to remind everybody that our Planning Department is open 8
AM to 4 PM, you can call, you can stop by and we can answer all of these questions.
Southold Town Planning Board Page 124 February 10, 2020
Katie Golder: Well I just figured that's what this meeting was for tonight, to come and
discuss it.
Heather Lanza: It is, it's for information and if you have questions, maybe you can
frame what your questions are based on your concerns.
Katie Golder: Well my concern is that they're going to wipe out all the trees.
Heather Lanza: If you could wait just a moment and you can address them to the Board
Vice-Chairman Rich: I think the best thing is really for you to look at this drawing, how
it is mounted out there.
Katie Golder: They did send me a map. However, it doesn't show me how far back
they're going to go. I would like to know the square feet that they're coming back or
which way are they going, you know? Because this is literally my back yard. I
understand if this is not the right place, I don't want to waste my time, or your time
either. But when is the right time?
Vice-Chairman Rich: Actually, when I look at this map I kind of understand how you
have questions.
Katie Golder: Yeah, I mean, I have a swing set back there. I have a kid. You know?
Like, I need to know what's going on.
Vice-Chairman Rich: I think you should call the Planning Board, I don't have a scale on
this and there are no dimensions, it looks like there is an intended buffer between the
parking area and the next properties though. If you can stop in the Planning Board
during the day or call them, they can answer some of these questions. Again, your
questions are legitimate but we're looking for input. You may say: I oppose that you
have kids there or whatever the case may be.
Katie Golder: Yes, I'm not saying I wouldn't be on board if I understood what I was
agreeing to. You know? I'm not trying to be difficult, I'm just, I have no idea what the
intended end result is.
Vice-Chairman Rich: And I don't what to speculate, I don't have a scale up here.
Katie Golder: Would you recommend that I call?
Vice-Chairman Rich: Yes, call 631-765-1938 and they're open from 8 am until 4 pm.
Katie Golder: That's exactly when I'm working too. Okay, is there anyone in particular
that I should ask for?
(Inaudible)
Southold Town Planning Board Page 125 February 10, 2020
Vice-Chairman Rich: Oh, I'm sorry, Heather? (Inaudible) If you want to wait, they'll
answer some questions when we're finished.
Katie Golder: Perfect! That would be fantastic. Thank you, guys.
Vice-Chairman Rich: Anyone else? Is there anyone here that represents the library?
Christopher Sepp: How are you doing? It's Christopher Sepp, I'm with PDR & Co.
Group, the architect for the library. I have some of my team here too. I'd be glad to
answer any questions. We don't have any comments to make, we're basically seeking
to improve the library lot, the library finds that more often they're in a situation where
they're not able to accommodate their patrons at the library and —to that extent—we do
understand that there is residential area around there. We do want to provide that
buffer, we're not going to eliminate all the trees in the area, we're actually showing on
those plans to supplement plantings as they're going to pull down some trees that are in
bad shape and there's some low-lying brush that has to be removed for the parking but
we do want to keep that all on site, we do want to keep — as required — all the lighting's
going to be on site, really just to improve—for the library —to give the patrons as better
look at what they're doing there.
Vice-Chairman Rich: Okay. So, I have a question as a member of the Planning Board:
you're a non-profit, right? Libraries are non-profit and right next door is the Roman
Catholic Church with a huge parking lot. I mean, we're facing global warming and I don't
know how much more paving we necessarily need. Has there ever been a reach-out to
the Catholic Church next door to try to share parking? I mean, I don't imagine that their
parking lot is full except maybe on Saturday night for mass, Sunday morning for mass?
There are few rules and holidays that I doubt you guys are open anyway. As a member
of the Planning Board that is my comment and question. If you'd like to answer please
step to the podium and state your name.
Elaine Villano: Elaine Villano, I'm the business manager at Sacred Heart Parish
(inaudible) Council Church. We have no issue with the parking lot going in; right now the
library does use our parking lot. Actually, the patrons use it, the library doesn't use it. So
mean, we've spoken before but there's a lot of issues with insurance today and
lawsuits. We'd be willing to talk more about it but we have no problem with the library
expanding their parking lot.
Vice-Chairman Rich: Okay. Thank you, I just— my personal feeling — and I am
speaking as a member of the Planning Board, but I'm only speaking for myself, I would
like to see you guys at least try to work something out between the two non-profits —to
me — it seems like an environmental no-brainer.
Elaine Villano: It's not just us; they have to deal with the daises directly.
Vice-Chairman Rich: I'm sure, I'm sure and I understand that they're insurance
issues.
Southold Town Planning Board Page 126 February 10, 2020
Elaine Villano: Thank you.
Vice-Chairman Rich: Mary, did you have a question?
Mary Eisenstein: I like your question and I mean, you just mentioned something about
having a chat about parking and if that were possible.
Jeffrey Walden: Good Evening, my name's Jeffrey Walden, I'm the director of the
Mattituck-Laurel Library. You know, the church has been very generous over the years,
allowing us to use their parking over there but I also know that they have some plans in
place. We're very sensitive to our neighbors in the back so, you know, one of my
questions to the architect and to the civil engineers was also: how many trees do we
have to take down and can we keep a reasonable buffer back there? Because I don't
want to take all the trees but I can tell you that many of the trees are diseased, many of
them —we have a lot of them that are broken, they're cut in half, they've been falling
down. Katie, who just spoke, she just had a branch and go through her swing set back
in September during a storm, so a lot of the trees back there are not in good condition. If
there are trees that we can save and create the buffer, I'm all for that, we're also
planning on putting landscaping in, some nice landscaping all along the back to help
shield it so — I want to be a great neighbor to them. I don't want the library to be a bad
neighbor so we are trying to address that but we do, you know, the parking is an issue,
we have many times throughout the day and throughout the week where we just don't
have ample parking and you know, while the church does allow us to park over there,
it's not ideal. People still have to cut through a path to get between two pieces of
property, that's not a clear path through there so, I hope that that answers your question
somewhat.
Vice-Chairman Rich: Thank you. Yes?
Jim Underwood: My name's Jim Underwood, I'm the president of the Board of
Trustees of the Library and as we have been planning this, we're very concerned about
not getting close to the property and could we see — could somebody with the laser
show us the property? Okay so the library is right there, so...
(Inaudible)
So.. from my understanding, we're looking to going back approximately 25 feet and I
believe There's about 50 feet of wooded area, so we're cutting it by have and were very
cognizant of trying to create a buffer. We certainly don't want more light shining into
your property or any of the neighbors and so that's my take on it.
(Inaudible)
Vice-Chairman Rich: If you're going to speak, you have to step to the podium, stat
your name and if you have questions, again, some of those questions are more
Southold Town Planning Board Page 127 February 10, 2020
appropriate to ask the Planning Board because we have drawings and such like that.
Anybody else wish to address the Planning Board on this?
Mary Eisenstein: Mr. Vice-Chair, I propose that we close the hearing but leave a two
week period open for written comment sent to the Planning Department.
Pierce Rafferty: Second.
Vice-Chairman Rich: Motion made by Mary, seconded by Pierce. Any discussion? All
in favor?
Ayes.
Opposed?
None.
Motion carries
Vice-Chairman Rich: 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
Vice-Chairman Rich: At this time if anyone would like to address the board, please
step to the podiums, write and state your name for the record. Please direct all of your
comments to the Board. Thank you.
Abigail Wickham: Abigail Wickham, representing Harold R. Reeve & Sons, Inc., the
owner of the property and the applicant. We have been before this board and your staff
for many, many years. We have had numerous meetings to address the plan, it's a
property that had a split-zone, it was quite difficult to address how to best develop it,
that has all been resolved. There has been extensive review on your part of all of the
different aspects and we believe that, with the help of the Board and the staff, we have
addressed all of the comments that have been made by the various people who have
spoken in regard to this subdivision. I would mention that this subdivision is one as of
right Southold Town Code we are not required to obtain any variances in order to
effectuate this plan. Nevertheless, the owner has agreed to extensive mitigation
managers of any potential environmental impacts. As a result of that and the application
itself, the Town Board, pursuant to an extensive SEQRA review, issued a Negative
Declaration under SEQRA and has labeled it an "Unlisted" action. In addition, while the
property does front on Mattituck Creek, it received a consistency review based on the
LWRP for Southold Town and has received Conditional Preliminary Plat Approval from
Southold Town Planning Board Page 128 February 10, 2020
your Board. The mitigation efforts that are going into this project include limitations on
access to the shoreline of the three residential lots, extensive limitations on access,
even though the entire frontage of each lot is on the creek, we are limiting access to
certain pedestrian paths which will be defined on the maps and a single access for
potential dock, based on further review by other Boards, should that occur. Utilities will
be underground, the clearing restrictions on Lots 1, 2 and 3 are extensive, there's a 50
foot buffer from the shoreline of a non-disturbance buffer and on that a 50 foot
vegetative buffer and clearing limits as well on the lot. Those two buffers I mentioned
take up almost 50% of the lot area themselves. There are going to be extensive limits
by Covenants and Restrictions on those things, on the type of fertilizers that can and
cannot be used, pesticides, clearing, types of planting, it's a very, very long list of what's
a allowed to be done, as well as landscape buffers. On lot 4, which is the commercial
lot, there will be transitional buffer, which exceeds the code requirement. The
commercial lot will also be further subject to Site Plan review at such time as a use for
that property is established and the plan developed, so that will be a whole other series
of reviews done by your Board and public input. There are health department
considerations that have been implemented in connection with this property. First of all,
public water is available, and second of all, the applicant has agreed to innovative IA
septic systems on all of the lots to further mitigate any potential nitrogen intrusion into
the water table. There will be an extensive number of street trees along the interior
roadway supplemented by vegetation which will be all subject to review under the Town
Code and Planning board review. There will be storm water runoff management
protocols in place, there will be limitations on construction timeframes and noise levels
during Sundays and holidays and after hours. That's not an exhaustive list, but I just
want to reiterate for the Board, although you're completely familiar with it, and to
anybody who might be here that the applicant has really gone above and beyond in
trying to address the concerns that were expressed. I mean, we think we've done that
and given the finalization of the Covenants and Restrictions on which I'm working with
staff and the final tweaks to the map, we will be concluded. Thank you, I'm happy to
answer any questions you might have.
Vice-Chairman Rich: Anyone else wishing to address the Board on Reeve
Subdivision?
Benjamin Schwartz: Good Evening, Benjamin Schwartz, Cutchogue. Something I
wanted to compliment the attorney on: there have been a lot of concessions made and
mitigation measures imposed already but the other statements like the subdivision is "as
of right" whereas in reality it requires rezoning, that doesn't make sense to say that's "as
of right" so we've got a lot of conditions here and it looks like you're getting ready to
approve this subdivision I'd just like to confirm the nature and extent of those conditions
— some of those conditions. Some of those conditions are already —you know there was
no Environmental Impact Study and there was a determination that this will not affect
the environment, therefore we didn't have the full SEQRA and we do know that it's not a
'potential' for nitrates to be added to the creek, they're going to be added, with our
Southold Town Planning Board Page 129 February 10, 2020
without alternative wastewater systems there'll be a substantial amount of nitrogen
added to the creek at the very top. And it was really with the rezoning so I won't belabor
the point but as far as I can tell, that rezoning violated the hamlet locust zone that was
drawn around Love Lane business district when it was originally drawn that was just a
rough circle drawn and then the Town Board and revised it and adjusted it and actually
expanded it to include this property. Now they did this rezoning I don't believe that
they've change the hamlet locust zone, which was added in there I believe this —
whatever, they're expanding the business, they've given this subdivision will be the final
signoff to expand the Love Lane Business District north of the North Road and —for
what it's worth, in my opinion — contrary to the master plan — comprehensive plan, Town
of Southold. My questions are regarding the water and utility right-of-way, which 20 feet
wide, I believe those water mains and utilities are going to be put underground so there
won't be any openness to Maiden Lane at that point, there will still be a buffer between
this property and Maiden Lane. Is that correct? I hope that's true. The pedestrian
easements, you go down to the water, I'm curious why the 10 foot easements are
shown for each lot to get to the water. And then the- there's a notation that there's a 10
foot wide easement in common for the residents to access a common boat dock but that
the pedestrian path on that easement would be limited to 4 feet wide. So I'm wondering
what that means in terms of the other 6 foot and also what would be permitted on the
pedestrian easements from the residents to the water on 10 foot wide easements,
would they be able to put a patio in there and pave that area or because it's all inside
what's designated as a non-disturbance buffer and personally I can understand people
with a waterfront house living in the waterfront would want to be able to walk down to
the water. On my property I have a steps and I have a path, mostly I use the path so I
understand that they're going to have a path and that's fine and it's not a — if its
unsurfaced and unpaved, it's pervious —then that's a reasonable accessory use but if
it's going to be built-up and decked-out, I would say no, but I don't see that that's
expressly made clear, at least not in my review of the file. But I hope that you do make
that clear if and before you approve it. One other thing, and it may not be specific to this
subdivision but it is certainly triggered by this subdivision is the issue of lighting and I
don't see any reason why the Planning board can't contact the building department and
see if they can't implement some kind of a implementation mechanism and enforcement
of our Dark Skies Legislation, which is in our Town code but it's not currently applies to
residential lots so, while you're here creating three new residential lots, if that is this lot,
the commercial lot is developed —which , by the way a commercial lot is on the North
Road and will not be on Wickham Avenue as this description lot of this hearing indicated
—we have asked before to have the actual access of the property be made clear in the
descriptions that are used in the Town but that commercial lot would have to — before
it's developed, and I don't know what's going on with the existing buildings yet— but if
there are new buildings added or whatever, they will have to do it before they use it I
believe a Site Plan, which will include a review of the lighting but the residential lots
there would not be Site Plans required, the lightings do not get reviewed, I've been told
by the building inspector that that is not the case, there is no review of the lighting and
I've seen, in many cases, where the new lighting fixtures that are installed are not Dark
Southold Town Planning Board Page 130 February 10, 2020
Skies compliant. And in this case, being that the property is at the head of the creek, I
would ask that something be done to ensure that the light pollution does not increase
from the development. Thank you.
Vice-Chairman Rich: Anyone else wishing to address the Board on Reeve
Subdivision? Sir?
Leroy Halliger: My name's Leroy Halliger, I live in Mattituck and my property is
adjacent to the Mattituck Creek Lane, it's — right now it's a pedestrian walk and I was
wondering in this development if that's going to be made into a Town road, which would
require maintenance by the Town road, the Town department with snow removal or
whatever to gain access to those parcels adjacent to Mattituck Creek on the North side.
And also, the lighting, night lighting or—you know—whatever they have to put in, has
that been considered if it's been made in road? Right now it's called Creek Lane,
Mattituck Creek Lane and my concern is the traffic that would be going back and forth
into that development with the col-de-sac that I see here and also Maiden Lane become
the access to a boat dock, I'm wondering how to take all of that in consideration for
those of us who live on Maiden Lane and on the other side, Wickham Avenue. Thank
you.
Vice-Chairman Rich: Thank you. Does anyone else wish to address the Board on
Reeve Standard Subdivision?
Abigail Wickham: I don't want to prolong it. Abigail Wickham, I just want to respond to
a couple of things: as to Mr. Haillager's comments, I know that the SEQRA report
quoted the Nelson, Pope and Voorhis report your environmental conservation that "the
anticipated traffic generation" - and I'm quoting here — "from the tree residential lots will
be very low and expected to have negligible impact on local traffic." I'd also like to just
make sure Mr. Halliger understands that the Board required extensive screening be
constructed along his property line to mitigate any impact on the creek and there will be
no street lighting on that roadway. And as we know, and as Mr. Schwartz knows very
well, and I mention there will be a site plan on the commercial lot, I'm sure the Planning
Board and the staff will be extremely diligent in making sure that that property is Dark
Sky compliant. This subdivision did not require a rezoning, that was a different aspect of
the plan to make the property make more sense in terms of its usability so this
subdivision was as of right and we're not here to re-litigate the zoning. Pathways to the
water will be allowed and it specifically says both in the file and will say in the covenants
they will be unpaved. I don't know what else we can do but I thank you for all your time.
Vice-Chairman Rich: Thank you. Anyone else wish to address the Planning Board on
the Reeve Subdivision? Harold R. Reeve Subdivision?
Pierce Rafferty: I'd like to make a motion to close the hearing on the Reeve
Subdivision.
Southold Town Planning Board Page 131 February 10, 2020
Mary Eisenstein: Second.
Vice-Chairman Rich: Motion made by Pierce, seconded by Mary. Any discussion? All
in favor?
Ayes.
Opposed?
None.
Motion carries
APPROVAL OF PLANNING BOARD MINUTES
Vice-Chairman Rich: We need a motion to approve the board minutes from:
• January 13, 2020
Pierce Rafferty: So moved.
Mary Eisenstein: Second.
Vice-Chairman Rich: Motion made by Pierce, seconded by Mary. Any discussion? All
in favor?
Ayes.
Opposed?
None.
Motion carries.
Vice-Chairman Rich: We need a motion for adjournment.
Pierce Rafferty: So moved.
Mary Eisenstein: Second.
Vice-Chairman Rich: Motion made by Pierce, seconded by Mary. Any discussion? All
in favor?
Ayes.
f
Southold Town Planning Board Page 132 February 10, 2020
Opposed?
None.
Motion carries.
There being no further business to come before the Board, the meeting was adjourned.
Respectfully submitted,
Jessica Michaelis
Transcribing Secretary
Donald J. Wilcenski, Chairman
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