HomeMy WebLinkAboutPB-07/06/2020 OFFICE LOCATION: MAILING ADDRESS:
Town Hall Annex q so P.O.Box 1179
54375 State Route 25 ®�� r�®� Southold, NY 11971
(cor.Main Rd. &Youngs Ave.)
Southold, NY aVaTelephone: 631765-1938
www.southoldtownny.gov
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PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
RECENED
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Sou old Town 6r
PUBLIC MEETING
MINUTES
July 6, 2020
5:30 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
John Burke, Assistant Town Attorney
SUBDIVISI014.4PP..LICATIONS
REISSUE CONDITIONAL FINAL PLAT DETERMINATION:
Vice-Chairman Rich: 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
Pierce Rafferty: Mr. Vice-Chairman, I offer the following:
Southold Town Planning Board Page 12 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 Approval upon the map entitled "7585 Clustered
Conservation Subdivision Big Bing", dated January 18, 2016 and last revised June 14,
2017, prepared by David H. Fox, Licensed Land Surveyor, with five conditions; and
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
Southold Town Planning Board Page 13 July 6, 2020
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
Secondary Conservation Area Plan - Since the subdivision is a conservation
subdivision, the parcels contain large areas in active agriculture upon which the
landowner proposes to sell development rights to Suffolk County and the
unbuildable area is limited to the Coastal Erosion Hazard Area, the design of the
subdivision did not require these plans.
2. Clearing Limits on Lots 1, 4, 5, 9 and 10. These lots are cleared or mostly
cleared, in agricultural use or located within close proximity to active agriculture.
Lots 4 and 10 are required to install a landscaped buffer and the remaining lots
are expected to be landscaped; and
3. 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;
Southold Town Planning Board Page 14 July 6, 2020
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 $8050.00; 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
approved (by email) the proposed 16' wide paved road and 5' wide 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
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
i
Southold Town Planning Board Page 15 July 6, 2020
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;
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, the Planning Board, pursuant to SEQRA, makes a determination of non-
significance for the proposed action and grants a Negative Declaration;
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, as described above, hereby finds
that the proposed subdivision plat presents a proper case for requiring a park suitably
Southold Town Planning Board Page 16 July 6, 2020
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;
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 Planning Board determines that this proposed action is consistent
with the policies of the Town of Southold Local Waterfront Revitalization Program;
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 hereby grants Conditional Final
Plat Approval upon the map entitled "Final Road and Drainage Prepared for: Big Bing"
prepared by David H. Fox, Land Surveyor dated October 26, 2017 and last revised
January 22, 2019;
Mary Eisenstein: Second.
Southold Town Planning Board Page 17 July 6, 2020
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 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.
Southold Town Planning Board Page 18 July 6, 2020
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.
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.
Mary Eisenstein: Second.
Vice-Chairman Rich: Motion made by Pierce, seconded by Mary. Any discussion? All
in favor?
Ayes.
Opposed?
None.
Motion carries.
EXTENSION OF TIME TO RENDER FINAL PLAT DETERMINATION:
Vice-Chairman Rich: 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 190' w/o Wickham Avenue, in Mattituck. SCTM#1000-140-1-6
Mary Eisenstein:
Southold Town Planning Board Page 19 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 Hearing 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 response to the pandemic, the 62 day timeframe expired on April 12, 2020, and
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.
Pierce Rafferty: Second.
Vice-Chairman Rich: Motion made by Mary, seconded by Pierce. Any discussion? All
in favor?
Ayes.
Opposed?
None.
Motion carries.
CONDITIONAL PRELIMINARY PLAT EXTENSION:
Southold Town Planning Board Page 110 July 6, 2020
Vice-Chairman Rich: 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
Pierce Rafferty: Mr. Chairman, I offer the following:
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,
from May 4, 2020 to November 4, 2020, to fulfill the remaining conditions of the
Conditional Preliminary Plat Approval.
Mary Eisenstein: Second.
Vice-Chairman Rich: Motion made by Pierce, seconded by Mary. Any discussion? All
in favor?
Ayes.
Opposed?
None.
Motion carries.
SITE PLAN APPLICATIONS
STATE ENVIRONMENTAL QUALITY REVIEW ACT DETERMINATION:
Southold Town Planning Board Page 111 July 6, 2020
Vice-Chairman Rich: 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
Mary Eisenstein:
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
action is an Type II action under SEQRA as described above and therefore no further
review is required.
Pierce Rafferty: Second.
Vice-Chairman Rich: Motion made by Mary, seconded by Pierce. Any discussion? All
in favor?
Ayes.
Opposed?
None.
Motion carries.
DETERMINATION:
Vice-Chairman Rich: Southold Gas Station & Convenience Store - This Amended
Site Plan is proposed to demolish an existing 3,476 sq. ft. building (formerly for vehicle
Southold Town Planning Board Page 112 July 6, 2020
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
Pierce Rafferty: Mr. Chairman, I offer the following:
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
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
I
Southold Town Planning Board Page 113 July 6, 2020
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
WHEREAS, on August 21, 2015, Garrett Strang, R.A., submitted a revised photometric
plan and information for review; and
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
Southold Town Planning Board Page 114 July 6, 2020
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
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 SEAR 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
Southold Town Planning Board Page 115 July 6, 2020
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
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
Southold Town Planning Board Page 116 July 6, 2020
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
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
Southold Town Planning Board Page 117 July 6, 2020
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
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,
Mary Eisenstein: Second.
Vice-Chairman Rich: Motion made by Pierce, seconded by Mary. Any discussion? All
in favor?
Ayes.
Southold Town Planning Board Page 118 July 6, 2020
Opposed?
None.
Motion carries.
Pierce Rafferty: 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-tolerant grass seed mixes are permitted within the rear and side
landscaped areas.
a. Rain sensors or similar shall be used to prevent unnecessary watering;
Southold Town Planning Board Page 119 July 6, 2020
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.
Mary Eisenstein: Second.
Vice-Chairman Rich: Motion made by Pierce, seconded by Mary. Any discussion? All
in favor?
Ayes.
Opposed?
None.
Southold Town Planning Board Page 120 July 6, 2020
Motion carries.
APPROVAL OF;PLAN" NTNG BOARD, MINUTES`µ`
• March 9, 2020
APPROVAL OF PLANNING BOARD MINUTES
Vice-Chairman Rich: We need a motion to approve the board minutes from:
• March 9, 2020
Mary Eisenstein: So moved.
Pierce Rafferty: Second.
Vice-Chairman Rich: Motion made by Mary , seconded by Pierce. Any discussion? All
in favor?
Ayes.
Opposed?
None.
Motion carries.
_m. SETTING OF THENEXT PLANNING BOARD MEETING-
Vice-Chairman Rich: Good afternoon and welcome to the July 6, 2020 Planning Board
meeting. The first order of business is for the Board to set Monday, August 10, 2020 at
6:00 p.m. as the time and place for the next regular Planning Board Meeting. This
meeting is to take place either via Zoom call or at the Southold Town Hall, Main Road,
Southold,
Pierce Rafferty: So moved.
Mary Eisenstein: Second.
Vice-Chairman Rich: Motion made by Pierce, seconded by Mary. Any discussion? All
in favor?
Southold Town Planning Board Page 121 July 6, 2020
Ayes.
Opposed?
None.
Motion carries.
Vice-Chairman Rich: We need a motion for adjournment.
Mary Eisenstein: I'd like to make a motion for adjournment.
Pierce Rafferty: Second.
Vice-Chairman Rich: Motion made by Mary, seconded by Pierce. Any discussion? All
in favor?
Ayes.
Opposed?
None.
Motion carries.
There being no further business to come before the Board, the meeting was adjourned.
Respectfully submitted,
Ci23
Jessica Michaelis
Transcribing Secretary
Donald J. Wilcenski, Chairman
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