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HomeMy WebLinkAboutPBA-06/07/2021 OFFICE LOCATION: MAILING ADDRESS: Town Hall Annex P.O.Box 1179 54375 State Route 25 ®��®f S® y®l Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) Southold, NY Telephone: 631765-1938 www.southoldtownny.gov PLANNING BOARD OFFICE RECEIVED TOWN OF SOUTHOLD J U 2 4 2021 5out ' Id Town QdrAt� MEMORANDUM To: Elizabeth A. Neville, Town Clerk From: Jessica Michaelis, Planning Department Date: June 10, 2021 Re: June 7, 2021 Planning Board Public Meeting Attached please find the Final Agenda and Approved Resolutions from the June 7, 2021 Planning Board Public Meeting. A Records Transmittal Form has been submitted to Records Management. OFFICE LOCATION: MAILING ADDRESS: Town Hall Annex q SUT P.O. Box 1179 54375 State Route 25 ®�� /y®l Southold, NY 11971 (cor.Main Rd. &Youngs Ave.) e� Southold NY Telephone: 631 765-1938 www.southoldtownny.gov lyC®UNTV,�� RECEIVED PLANNING BOARD OFFICE TOWN OF SOUTHOLD J U N 2 4 2021 PUBLIC MEETING AGENDA Southold Town Clerk Monday,June 7, 2021 6:00 p.m. This meeting is public. The Planning Board may add or remove applications from the Agenda upon its discretion,without further notice. Applications may not be heard in the order they appear on this agenda. This public meeting will be held virtually via the Zoom online platform. Pursuant to Executive Order 202.1 of New York Governor Andrew Cuomo in-person access by the public will not be permitted. Options for public attendance: • To join via computer: Click Here Or Online at the website zoom.us, click "Join a Meeting" and enter the Meeting ID: 964 9680 7709 Password: 063942 • Join by telephone: Call 1(646)558-8656 Enter Meeting ID and password when prompted (same as above) Southold Town Planning Board Public Meeting — June 7, 2021 — Page 2 SETTING. OF THE NEXT PLANNING BOARD MEETING Board to set Monday, July 12, 2021 at 6:00 p.m. as the time for the next regular Planning Board Meeting. 4 ,,SUBDIVISIONS- CONDITIONAL PRELIMINARY PLAT DETERMINATION: Lebkuecher Standard Subdivision —This proposal is for a Standard Subdivision of a 35.79-acre parcel into two lots, where Lot 1 is 3.66 acres with an existing residential structure and Lot 2 is 32.13 acres with greenhouses in active farm use, in the R-80 & HB Zoning Districts, located at 935 Franklinville Rd, Laurel. The access to the existing home is located at 3475 Aldrich Lane, Laurel. SCTM#1000-125.-2-2.2 CONDITIONAL FINAL PLAT DETERMINATIONS: Koehler Family Limited Partnership - This proposal is a Clustered Standard Subdivision of a 14.94 acre parcel into seven lots where Lot 1 equals 0.80 acres; Lot 2 equals 0.90 acres inclusive of 0.08 acres of unbuildable lands; Lot 3 equals 1.11 acres inclusive of 0.14 acres of unbuildable lands and .07 acres of easement area; Lot 4 equals 0.70 acres; Lot 5 equals 0.66 acres; Lot 6 equals 0.70 acres; Lot 7 equals 9.51 acres inclusive of 8.72 acre area of Open Space and a .05 right of way easement; located in the R-80 Zoning District. The property is located at 4180 New Suffolk Avenue, on the corner of Marratooka Road and New Suffolk Avenue, in Mattituck. SCTM#1000- 115-10-1 SET HEARING: Fishers Island Weathervane Resubdivision —This resubdivision proposes to transfer 4,617 sq. ft. from Lot 1 (SCTM#1 000-2-1-8.1) to Lot 2 (SCTM#1000-2-1-8.2), and 2,884 sq. ft. from Lot 2 to Lot 1. Lot 1 will decrease from 69,972 sq. ft. to 68,239 sq. ft., and Lot 2 will increase from 72,818 sq. ft. to 74,551 sq. ft. in the R-120 zoning district. Both lots require a variance from the Zoning Board of Appeals to be less than the minimum lot size of 120,000 sq. ft. SCTM#1000-2-1-8.1 & 8.2 C&R AMENDMENT DETERMINATION: Schreiber Minor Subdivision'— This proposal is to amend the covenants from this four-lot subdivision approved in 2004. The amendments clarify the ownership and maintenance responsibilities for the private road that will access three lots from Oregon Road. The road has not yet been constructed, nor have the three lots been developed. The property is located on the north side of Oregon Road, west of Alvah's Lane in Mattituck in the R-80 zoning district. SCTM#1000-95-1-4.2 through 4.4, and 1000-82-2- 1 & 2. Southold Town Planning Board Public Meetinq —June 7, 2021 — Page 3 ACCEPT PERFORMANCE GUARANTEE (BOND): Colton Acres Standard Subdivision—This Standard Subdivision proposes to subdivide 4.24 acres into three 1.2-acre lots in the R-40 Zoning District. This parcel is located +/- 275' west of Gillette Drive in East Marion. SCTM# 1000-38.-1-1.8 TABLED ABANDON LOT FROM PREVIOUS SUBDIVISION: Colton Acres Standard Subdivision—This Standard Subdivision proposes to subdivide 4.24 acres into three 1.2-acre lots in the R-40 Zoning District. This parcel is located +/- 275' west of Gillette Drive in East Marion. SCTM# 1000-38.-1-1.8 REVISED ROAD & DRAINAGE PLAN DETERMINATION: Wildberry Fields Subdivision — This approved subdivision involved the division of 22.39 acres into 10 lots in accordance with the requirements of the Agricultural Conservation District. Nine of the lots range in size from 24,000 sq. ft. to 39,000 sq. ft. Lot 10 has an area of 12.6 acres to be used for a single family residence within a specified building envelope area and the balance to be established into an agricultural reserve easement area. STATE ENVIRONMENTAL QUALITY REVIEW ACT TYPE CLASSIFICATION: Fishers Island Weathervane Resubdivision — (see description above) SCTM#1000-2-1-8.1 & 8.2 STATE ENVIRONMENTAL QUALITY REVIEW ACT DETERMINATION: Lebkuecher Standard Subdivision — (see description above) SCTM#1000-125.-2-2.2 -SITE'PLAN APPLICATIONS STATE ENVIRONMENTAL QUALITY REVIEW ACT TYPE CLASSIFICATIONS: Boisseau Avenue Farm —This site plan application is for the proposed construction of a 1-story 2,520 sq. ft. building for agricultural storage, two 96' x 30' greenhouses, a gravel access road and parking area located on ±16 acres in the R-80 Zoning District. The property is located at-850 Maier Place, Southold. SCTM#1000-55-6-37.1 Murtha Agricultural Barn —This site plan application is for the proposed construction of a 42' x 60' agricultural storage building for equipment related to raising livestock and pasture management, on 20.6 acres in the AC Zoning District. The property is located at 2668 Long Creek Drive, Southold. SCTM#1000-56-1-11.15 Southold Town Planning Board Public Meetinq —June 7, 2021 — Page 4 SET HEARINGS: Boisseau Avenue Farm — (see description above) SCTM#1000-55-6-37.1 TABLED Murtha Agricultural Barn — (see description above) SCTM#1000-56-1-11.15 TABLED Hard Corner Southold Mixed Use —This site plan is for the proposed construction of a 2-story 4,983 sq. ft. mixed-use building fronting NYS Route 25 with retail on the first floor and three (3) apartments on the second floor, and 25 parking stalls; and four (4) 1,597 sq. ft. residential rental units (age-restricted 55+) along Wells Avenue, all on 2.28 acres in the Hamlet Business (HB) Zoning District. The property is located at 53530 Route 25, Southold. SCTM#1000-61-4-1 APPROVAL EXTENSION: Captain Reds Marine Sales Site Plan —This site plan is for the proposed construction of a 3,680 sq. ft. metal building (ZBA file 7014) for storage (no basement) where there exists a 1 -story 1,168 sq. ft. office building for boat sales, storage, parking and display with 8 parking stalls on a General Business (B) and R-40 split zoned parcel totaling 1.6 acres. The property is located at 9605 Route 25 Mattituck. SCTM#1000-122-6-12. PUBLIC. HEARING ` 6:01 p.m. — Premium Wine Group Amended 3 —This amended site plan is for the construction of a 1,860 sq. ft. building for office and storage that will connect two existing buildings on site; and, the construction of a 4,402 sq. ft. detached accessory storage building with loading dock and the construction of twelve land banked parking stalls where there exists two buildings totaling 20,585 sq. ft. on a 3.563-acre parcel in the LB Zone, Mattituck. SCTM#1000-121-6-1 OFFICE LOCATION: MAILING ADDRESS: Town Hall Annex P.O Box 1179 54375 State Route 25 o��OF SO(/j�ol Southold, NY 11971 (cor. Main Rd. &Youngs Ave ) Southold, NY dL .lG Telephone: 631 765-1938 www.southoldtow-imy.gov 002 enu 11 PLANNING BOARD OFFICE TOWN OF SOUTHOLD June 9, 2021 Ms. Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 Re: Conditional Preliminary Plat Approval Proposed Lebkeucher Standard Subdivision Located at 935 Franklinville Road, Laurel SCTM#1 000-125.-2-2.2 Zoning District: R-80 & HB Dear Ms. Moore: The Southold Town Planning Board adopted the following resolutions at a meeting held on Monday, June 7, 2021: WHEREAS, this proposal is for a Standard Subdivision of a 35.79-acre parcel into two lots, where Lot 1 is 3.66 acres with an existing residential structure and Lot 2 is 32.13 acres with greenhouses in active farm use, in the R-80 and HB Zoning Districts. Lot 1 has an existing house with driveway access via an easement over the adjacent parcel, SCTM#1000-125.-2-1.14, created in 2003; and WHEREAS, on May 24, 2019, the applicant submitted a Standard Subdivision Sketch Plat application; and WHEREAS, the application could not be found complete due to the cluster requirement in Town Code §240-42 B. not being addressed in the proposal; and WHEREAS, at their work session on September 14, 2020, the Planning Board re- assessed the application and agreed that the cluster requirement could be deferred to a later date with a covenant on the remaining farm parcel, should it ever come in for a future subdivision. This covenant will require that any future calculation for open space required on the farm parcel would be done using the size-of the parcel prior to this subdivision; and l Lebkuecher - Page 12 — June 9, 2021 WHEREAS, on September 28, 2020, at their work session the Planning Board found the Sketch Plat application complete, and agreed that it would be prudent to impose a covenant on proposed Lot 1 for no further subdivision; and WHEREAS, on October 5, 2020, the Planning Board granted Conditional Sketch Plat approval; and WHEREAS, on October 21, 2020, the applicant's agent submitted an incomplete Preliminary Plat application missing, among other items, the Preliminary Plats; and WHEREAS, on March 1, 2021, the applicant's agent submitted the Preliminary Plats; and WHEREAS, on March 22, 2021, the Planning Board, at their work session, found the Preliminary Plat application complete and set the public hearing for April 5, 2021; and WHEREAS, on March 24, 2021, pursuant to 6 NYCRR Part 617 State Environmental Quality Review (SEAR), Section 617.6, the Planning Board coordinated with all involved and interested agencies and requested comments; and WHEREAS, on March 29, 2021, the Town Fire Marshal responded with no concerns; and WHEREAS, on April 5, 2021, the public hearing was held open due to a noticing problem where two of the adjacent neighbors' addresses were incorrect; and WHEREAS, on April 5, 2021, the Town Code Enforcement office responded with a report of no open violations; and WHEREAS, on April 6, 2021, the Suffolk County Planning Commission responded that this application is a matter for local determination and the comment that the easement access to the parcel over other private property should be avoided; and WHEREAS, on April 6, 2021, the Town Engineer responded and stated that the application as proposed met Chapter 236 stormwater requirements because the residential access driveway is existing with no drainage issues, and no changes to that access are proposed; and WHEREAS, on April 16, 2021, the NY State Parks, Recreation, and Historic Preservation agency responded with the report that no archaeological or historic resources would be impacted by this project; and WHEREAS, on April 19, 2021, the Local Waterfront Revitalization Program (LWRP) Coordinator responded recommending the action as consistent with the policies of the LWRP along with recommendations for best management practices for residential landscaping; and WHEREAS, on May 3, 2021, the public hearing was closed; and Lebkuecher- Page 13 — June 9, 2021 WHEREAS, on May 3, 2021, the Planning Board, re-classified the action pursuant to State Environmental Quality Review Act (SEQRA) 6 NYCRR, Part 617. The action was found to be a Type I Action because the subject property is located within an Agricultural District and the action meets the Type I Action threshold for agricultural land in an Agricultural District being converted to a non-agricultural use; and WHEREAS, on May 6, 2021, the Suffolk County Department of Health Services responded with no objection to the Planning Board assuming Lead Agency, and that they had received an application for this subdivision; and WHEREAS, on May 17, 2021, the Planning Board, at their work session, reviewed the submitted map and found that all requirements of Town Code Chapter 240 Article Vl Preliminary Plat Review; and WHEREAS, the Planning Board, as Lead Agency, performed a coordinated review of this Type I action pursuant to 6 NYCRR Part 617, Section 617.7 of the State Environmental Quality Review Act (SEQRA); be it therefore RESOLVED, that the Southold Town Planning Board, pursuant to SEQRA, hereby makes a determination of significance for the proposed action and issues a Negative Declaration; and be it further RESOLVED, that the Southold Town Planning Board has determined that this proposed action is consistent with the policies of the Town of Southold LWRP; and be it further RESOLVED, to defer the open space requirement to the future through a covenant as described in more detail in the conditions of this approval; and be it further RESOLVED, that the Southold Town Planning Board hereby grants Conditional Preliminary Plat Approval upon the map prepared by Young & Young, entitled "Subdivision, Joseph Lebkuecher, III & Katherine Lebkuecher, dated February 17, 2021, Pages 1 and 2, with the following conditions: 1. Change the name in the title block on the Final Plat to add the word "Standard" in front of Subdivision (Standard Subdivision). And simplify the name to "Lebkuecher" (in place of the two owners' full names). This helps to organize the Planning Board files with consistent naming protocols. 2. Access to Aldrich Lane as shown on the Preliminary Plat is only for Lot 1 of this subdivision. 3. An access easement for Lot 1 over the adjacent property (SCTM# 1000-125.-2- 1.14) must be provided to the Planning Board, as shown on the subdivision map (either an existing filed easement, or a draft easement to be filed). 4. The 60% open space required by the Southold Town subdivision code on parcels 7 or more acres in size is being deferred to the future. Lebkuecher - Page 14 — June 9, 2021 a. Any future subdivision of Lot 2 must require a clustered design that preserves at least 60% as open space, or the amount required in the Town Code at the time of the subdivision of Lot 2, whichever is greater. b. The calculation for open space or farmland preservation required on Lot 2 must include the original size of the parcel prior to the Lebkuecher Standard Subdivision. Lot 2, prior to the Lebkuecher Standard Subdivision, was 35.79 acres of buildable land. The 35.79 acres may not be used to determine yield. Yield will be determined based on the size of Lot 2 at the time of a subdivision application for Lot 2 being submitted. 5. No further subdivision of Lot 1. 6. Landscaping requirements as proposed by the LWRP comments. 7. Submittal of a complete Final Plat application. 8. To be submitted during the Final Plat review stage (usually as a condition of Conditional Final Plat). Do not submit until after Conditional Final Plat is granted. a. Approval by the Suffolk County Department of Health Services; b. Recorded covenants as drafted and approved by the Planning Board. If you have any questions regarding the information contained in this resolution, please contact the Planning Board Office. Respectfully, Donald J. Wilcenski Chairman OFFICE LOCATION: MAILING ADDRESS: Town Hall Annex �QF SOUr P.O. Box 1179 54375 State Route 25 O�e y�l Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) Q Southold, NY � � Telephone: 631 765-1938 www.southoldtowi-iny.gov O PLANNING BOARD OFFICE TOWN OF SOUTHOLD State Environmental Quality Review NEGATIVIE DECLARATION Notice of Determination June 7, 2021 This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Law. The Southold Town Planning Board, as lead agency, has determined that the proposed action described below will not have a significant effect on the environment and a Draft Environmental Impact Statement will not be prepared. Name of Action: Lebkuecher Standard Subdivision SCTM#: SCTM#: 1000-125.-2-2.2 Location: 3475 Aldrich Lane,Laurel SEQR Status: Type I (X) Unlisted ( ) Conditioned Negative Declaration: Yes ( ) No (X) Description of Action: This proposal is for a Standard Subdivision of a 35.79-acre parcel into two lots, where Lot I is 3.66 acres with an existing residential structure and Lot 2 is 32.13 acres with greenhouses in active farm use, in the R-80 & HB Zoning Districts, located at 935 Franklinville Road, Laurel. The access to the existing home is located at 3475 Aldrich Lane, Laurel. Negative Declaration P �i o e 12 June 7, 2021 Reasons Supporting This Determination: The proposed action has been reviewed to New York State Department of Environmental Conservation regulation 6NYCCRR Part 617 State Environmental Quality Review and it is my determination that pursuant to Part 617.4(b)(8) and (9), the action proposed is a Type I action and therefore is subject to SEQRA review. A Full Environmental Assessment Form has been submitted on May 24, 2019 and reviewed. It was determined that no significant adverse impacts to the environment were likely to occur should the project be implemented as planned. Environmental Assessment Report The determination was based upon the following: Impact on Land This application proposes the creation of two lots through the subdivision of 35.79 acres of land in Low-Density Residential, R-80 and Hamlet Business HB Districts. The purpose of the subdivision is to separate an existing single-family residence from the portion of the parcel in active, agriculture. Lot 1 is improved with a single-family residence and lot 2 with a barn and agricultural greenhouses. No development is proposed on either lot. A covenant will be imposed on lot 1 that will prevent future subdivision. The parcel is greater than 7 acres and the applicant is required to meet the clustered subdivision requirements, which calls for a maximum development of 40% of the buildable lands area and a minimum open space of 60% of the buildable lands on site. The applicant will provide a minimum open space area of 21.47 acres if future subdivision is proposed on lot 2. The parcel contains slopes, however, the existing single family residence, barn and greenhouses avoids them. There are no significant geologic features on site. Impact on Groundwater The parcel is located within Groundwater Management Zone IV and is located within a designated Special Groundwater Protection Area. Water supply to the parcel is from a sole source aquifer. In 1978,the Long Island Regional Planning Board published the Long Island Comprehensive Waste Treatment Management Plan(208 Study). The 208 Study identified eight(8) hydrogeologic zones in Nassau and Suffolk Counties. These zones were distinguished based upon differences in underlying groundwater flow patterns and water quality. Negative Declaration P a g c 13 June 7, 2021 Potable water supply is provided by Suffolk County Water Authority. This proposal is estimated to have an annual water consumption of—300 gallons per day (GPD) for the existing single-family residence. The amount of water used by the existing agricultural operation is unknown, however, no change in consumption is proposed. Three test holes were provided. No groundwater was encountered in test holes 1 and 3. Test hole 2 data indicates that groundwater was encountered at a depth of 10'. No new sanitary systems are proposed at this time. The existing conventional sanitary system located on Lot 1 is expected to be functional. If and when a new sanitary system is proposed a I/A OWTS system will be required to be installed. Best Management Practices (BMP's) as recommended by the LWRP policies 5.2, 5.3, 5.4 and 5.5 to protect the ground water and surface waters are proposed and will be required as covenant and restrictions: 1. Require the use of native, drought-tolerant plants in landscaping; 2. Require only the use of organic fertilizers where the water-soluble nitrogen us no more than 20% of the total nitrogen in the mixture; 3. Require a maximum of 1 lb. of nitrogen per 1000 square feet in any one application, with a cumulative application of no more than 2 lbs. per 1,000 square feet; 4. Prohibit the application of fertilizer products containing nitrogen, phosphorus, or potassium between November 1" and April 1St; 5. The use of phosphorus containing lawn fertilizer is prohibited unless establishing a new lawn or soil test shows that the lawn does not have enough phosphorus. Fertilizer labels have three bold numbers. The number in the middle is the percentage of phosphorus in the product, e.g. 22-0-15. Use of products with a 0.67 in the middle or lower is not restricted. Products with a number higher than 0.67 may only be used if a new lawn is being established or a soil test indicates it is necessary. Based upon the findings above, adverse impacts to groundwater quality and quantity are expected to be low. Impact on Surface Water Impervious surface area on site will not increase over existing conditions as a result of this action. The control of stormwater will be achieved on-site pursuant to Chapter 236 Stormwater Management of the Southold Town Code requirements, therefore adverse impacts to surface water are expected to be low. Impact on Plants and Animals No clearing or grading is proposed at this time. Lot 1 and a portion of Lot 2 contains woodlands. The New York State Natural Heritage Program (NHP) was not contacted. The NYSDEC Environmental Resource Mapper was consulted and the parcel is included within a "Significant Natural Community Near This Layer"polygon that has been identified as potential habitat for the Northern Long-Eared Bat. If clearing of trees is proposed in the Negative Declaration Page 14 June 7, 2021 future, it is recommended that that the landowner contact Michelle Gibbons from the NYSDEC at (63l)-444-0306 for further regulatory guidance on the species. Impact on Agricultural Resources The parcel is located within Agricultural District Suffolk 01. Lot 2 in the south of the property is in active, greenhouse agriculture. No change in existing agricultural operations is proposed as a result of this action. Therefore, impacts to agricultural resources are expected to be none to low. Impact on Aesthetic Resources The parcel is located north of and not visible from NYS Route 25, a designated scenic byway. The greenhouses on lot 2 are screened by existing vegetation and single-family homes and businesses to the southeast. Based upon the findings above, no significant impacts to aesthetic resources are expected. Impact on Open Space and Recreation The site does not currently offer public recreational opportunities. Future recreational opportunities could be achieved, however, due to the location; the likelihood of the land area being converted for recreational use is low. Impact on Critical Environmental Areas The site is located within a Critical Environmental Area(Central Suffolk) Critical Environmental Area(CEA) Map #2. No new development is proposed and water quality protection best management practices are proposed. Impact on Transportation Lot 1 is accessed by Aldrich Lane serving a single-family residence and Lot 2 is accessed by Franklinville Road serving a farm. No changes to the access or increase in vehicle trips are proposed. The impact on transportation as a result of this proposal is expected to be low. Impact on Historic and Archeological Resources The NYS CRIS identifies the parcel as within the eligible Main Road Historic District for listing on the State Register of Historic Places. There are no eligible structures identified on the parcel. Negative Declaration P a g c 15 June 7, 2021 The Town has coordinated with the NYS Office of Parks, Recreation and Historic Preservation (OPRHP) CRIS on April 16, 2021 and received a response on the same date indicating that"no properties, including archeological and/or historic resources listed in or eligible for the New York State and National Registers of Historic Places will be impacted by this project" The adverse impacts to cultural and archeological resources are expected to be none to low. Impact on Energy No new development is proposed. The impact on energy use is expected to be low. Impact on Noise, Odor, and Light No new development is proposed. The adverse impacts on noise, odor, and light are expected to be low. Impact on Human Health No new development is proposed. Adverse impacts on human health are expected to be low. Consistency with Community Plans & Character The proposed design of this standard subdivision is consistent with the surrounding character of the community in that the agricultural operations on lot 2 will not be affected. Both parcels are proposed as oversized in the R-80/HB Zoning District and no further development is proposed at this time. The minimum preservation of 60 percent of open space will be required when and if lot 2 would be subdivided further. The action is consistent with adopted community plans and community character. Based upon such, no significant adverse impacts to the environment are expected to occur should the project be implemented as planned. For Further Information: Contact Person: Mark Terry, Assistant Town Planning Director Address: Southold Town Planning Board P.O. Box 1179 Southold,NY 11971 Telephone Number: (631) 765-1938 Agency Use Only ilfApplicablel Pt o)ect ILebkuecher Standard Subdivision Date- IJune 7, 2021 Full Environmental Assessment Form Part 3 -Evaluation of the Magnitnde and Importance of Project Impacts and Determination of Significance Part 3 provides the reasons in support of the determination of significance The lead agency must complete Pait 3 for every question in Part 2 where the impact has been identified asp otentially moderate to large or where there is a need to explain why a particular element of the proposed action will not,or may,result in a significant adverse environmental impact Based on the analysis in Part 3,the lead agency must decide whether to require an environmental impact statement to further assess the proposed action or whether available information is sufficient for the lead agency to conclude that the proposed action will not have a significant adverse environmental impact By completing the certification on the next page, the lead agency can complete its determination of significance. Reasons Supporting This Determination: To complete this section: • identify the impact based on the Part 2 responses and describe its magnitude. Magnitude considers factors such as severity, size or extent of an impact • Assess the importance of the impact Importance relates to the geographic scope,duration,probability of the impact occurring,number-of people affected by the impact and any additional environmental consequences if the impact were to occur. • The assessment should take into consideration any design element or project changes. • Repeat this process for each Part 2 question where the impact has been identified as potentially moderate to large or where there is a need to explain why a particular element of the proposed action will not,or may,result in a significant adverse environmental impact. • Provide the reason(s)why the impact may,or will not,result in a significant adverse environmental impact • For Conditional Negative Declarations identify the specific condition(s)unposed that will modify the proposed action so that no significant adverse environmental impacts will result. • Attach additional sheets,as needed. Please refer to Environmental Assessment Report prepared by the Planning Board dated June, 2021 Determination of Significance -Type 1 and Unlisted Actions SEQR Status ❑✓ Type I ❑ Unlisted identify portions of EAF completed for this Project- 0 Part 1 ✓❑Part 2 ✓❑Part 3 Upon review of the information recorded on this EAF,as noted, plus this additional support information Environmental Assessment Report prepared by Planning Board dated June 7, 2021 and consideimg both the magnitude and importance of each identified potential impact, it is the conclusion of the as,lead agency that. ❑,7 A. This project will result in no significant adverse impacts on the environment,and,therefore, an environmental impact statement need not be prepared. Accordingly,this negative declaration is issued_ ❑ B. Although this piolect could have a significant adverse impact on the environment,that impact will be avoided or substantially mitigated because of the following conditions which will be required by the lead agency. There will,therefore,be no significant adverse impacts from the project as conditioned,and,therefore,this conditioned negative declaration is issued. A conditioned negative declaration may be used only for UNLISTED actions(see 6 NYCRR 617A) ❑ C This Project may result in one or more significant adverse impacts on the environment,and an envnonmental impact statement must be prepared to further assess the impact(s)and possible mitigation and to explore alternatives to avoid or reduce those impacts Accordingly,this positive declaration is issued Name of Action: Lebkuecher Standard Subdivision Name of Lead Agency Town of Southold Planning Board Name of Responsible Officer in Lead Agency: Donald Wilcenski Title of Responsible Officer. planning Board Chairman Signature of Responsible Officer in Lead Agency: Date: June 7, 2021 Signature of Preparer(if different from Responsible Officer) 1 Date June 7,2021 For Further Information: Contact Pei son: Mark Terry,Assistant Town Planning Director Address: P O Box 1179,53095 Main Road,Southold,NY 11971 Telephone Number 631-765-1938 E-mail: Mark terry@town southold ny us For Type 1 Actions and Conditioned Negative Declarations,a copy of this Notice is sent to: Chief Executive Officer of the political subdivision in which the action will be principally located(e g,Town/City/Village of) Other involved agencies(if any) Applicant(if any) Environmental Notice Bulletin: http//-,vww.dec.ny goy/enb/enb.htiril PRINT FULL FORM I Page 2 of 2 OFFICE LOCATION: MAILING ADDRESS: Town Hall Annex OF SO(/ P.O. Box 1179 54375 State Route 25 O�� TyOI Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) Q Southold, NY -tom Telephone: 631 765-1938 jr www.southoldtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD June 9, 2021 John Koehler 108 Allen Blvd. Farmingdale, NY 11735 Re: Conditional Final Plat Approval - Proposed Standard Subdivision for The Koehler Family Limited Partnership Located at 4180 New Suffolk Avenue, on the s/e corner of Marratooka Road and New Suffolk Avenue, Mattituck SCTM#1000-115-10-1 Zoning District: R-80 Dear Mr. Koehler: The Southold Town Planning Board adopted the following resolutions at a meeting held on Monday June 7, 2021: WHEREAS, this proposal is for a Clustered Standard Subdivision of a 14.94 acre parcel into seven lots where Lot 1 equals 0.80 acres. Lot 2 equals 0.90 acres inclusive of 0.08 acres of unbuildable lands. Lot 3 equals 1.11 acres inclusive of 0.14 acres of unbuildable lands and .07 acres of easement area. Lot 4 equals 0.70 acres. Lot 5 equals 0.66 acres. Lot 6 equals 0.70 acres. Lot 7 equals 9.51 acres inclusive of 8.72 acre area of Open Space and a .05 right of way easement. located in the R-80 Zoning District. and WHEREAS, on July 1, 2013, the Southold Town Planning Board granted Conditional Sketch Plan Approval upon the map entitled "Cluster Plan Prepared for Koehler Family Limited Partnership", dated February 15, 2012 & last revised November 16, 2012, prepared by Nathan Taft Corwin, III, Land Surveyor with conditions. and WHEREAS, on August 27, 2014 the applicant submitted a Preliminary Plat application and fee in the amount of$1,000, and WHEREAS on September 23, 2014 and on November 13, 2014 the Planning Board found the Preliminary Plat application incomplete with outstanding conditions of Conditional Sketch Approval to be fulfilled, and Koehler Standard Subdivision Page 12 June 9, 2021 WHEREAS on December 17, 2014 the Planning Board agreed not to accept the Preliminary Plat Application as complete until the affordable housing proposal had been reviewed in more detail. and WHEREAS, on January 26, 2015 the Preliminary Plat application was found complete and referred to all applicable agencies, and WHEREAS, on February 4, 2015 the Mattituck Board of Fire Commissioners responded with no recommendations as long as the water main and hydrant are installed as shown on the plat. and WHEREAS, on February 10, 2015 the Trustees responded with comments. and WHEREAS, on February 10, 2015 the Planning Board classified the application as an unlisted action under SEQRA and set the Preliminary Plat Public Hearing for March 9, 2015. and WHEREAS on February 24, 2015 the Suffolk County Department of Health Services responded with comments. and WHEREAS on March 2, 2015 the Office of the Town Engineer responded with comments. WHEREAS on February 24, 2015 the Suffolk County Planning Commission responded that they considered the application to be a matter for local determination, and WHEREAS on March 5, 2015 —The Office of Parks Recreation and Historic Preservation responded that a Phase I Cultural Survey is warranted for all portions of the property, and. WHEREAS, on March 9, 2015 the Preliminary Plat Public Hearing was held and closed. and WHEREAS on April 9, 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 1-4738-04281/00001 issued August 16, 2013 and expires 8/15/2023 for the subdivision of the parcel into 7 lots. and WHEREAS, on April 21, 2015 the LWRP coordinator provided comment on the subdivision and recommended that the action be found inconsistent with LWRP policies. and WHEREAS on April 29, 2015 —The Board of Trustees provided comment and concern on the preliminary plan. and Koehler Standard Subdivision Page 13 June 9, 2021 WHEREAS on May 15, 2015 the Planning Board rescinded the letter sent January 30, 2015, allowing the applicant to fulfill the Affordable Housing requirement through the purchase of a home to be sold to an eligible candidate on the Affordable Housing list. The Planning Board required the applicant submit a written proposal to satisfy the Affordable Housing Requirement. and WHEREAS, on July 7, 2015, the Planning Board declared Lead Agency status for the SEQRA review of the Unlisted Action. and WHEREAS on September 14, 2016 the Office of the Town Engineer provided comment on the revised Preliminary Plat dated June 20, 2016. and WHEREAS on December 2, 2016 the applicant submitted a Phase I and II Archeological Investigation Report. and WHEREAS on February 2, 2017, the applicant filed the Phase I and II Archeological Investigation Report with the State Historic Preservation Office. and WHEREAS on June 6, 2017, the applicant submitted a letter stating the intention to use standard septic systems and agreed to place the open space as part of Lot 7. and WHEREAS, at their August 14, 2017 work session, the Planning Board reviewed the revised plans titled Preliminary Plat Koehler Family Limited Partnership", dated December 14, 2015 and last revised April 15, 2017, prepared by Kenneth M. Woychuk Land Surveying, PLLC and found that all requirements of Preliminary Plat Approval pursuant to Article VI Preliminary Plat Review under the following conditions were met. and WHEREAS, on August 14, 2017 the Southold Town Planning Board, pursuant to State Environmental Quality Review Act (SEQRA) 6 NYCRR, Part 617, issued a Conditioned Negative Declaration with the following condition: 1. The wastewater systems installed for each of the 7 residential lots in this subdivision must be one of the Innovative and Alternative Onsite Wastewater Treatment Systems permitted under Article 19 of the Suffolk County's Sanitary Code and in place prior to issuance of a Certificate of Occupancy for each lot. and WHEREAS, on August 14, 2017 the Southold Town Planning Board determined that this proposed action is consistent with the policies of the Town of Southold Local Waterfront Revitalization Program. and WHEREAS, on August 14, 2017 the Southold Town Planning Board granted Conditional Preliminary Plat Approval upon the map entitled "Preliminary Plat Koehler Family Limited Partnership", dated June 30, 2014 and last revised April 15, 2017, prepared by Kenneth M. Woychuk Land Surveying, PLLC with conditions. and Koehler Standard Subdivision Page 14 June 9, 2021 WHEREAS, on April 11, 2018 the applicant submitted the final plat application. and WHEREAS, at their July 9, 2018, October 15, 2018 and July 22, 2019 work sessions the Southold Town Planning Board found the final plat application incomplete. and WHEREAS, on the September 14, 2020 work session, the Southold Town Planning Board found the final plat application complete. and WHEREAS, on September 22, 2020 the applicant advised the Southold Town Planning Board by letter that they would buy out of the requirement to build one moderate income family dwelling unit by paying the fee. and WHEREAS, the Public Hearing on the Final Plat was held on January 11, 2021, held open, and closed on February 8, 2021. and WHEREAS, on March 22, 2021 the Southold Town Planning Board reviewed and addressed the public comments received. and WHEREAS at their May 7. 2021 and May 17, 2021 work sessions the Planning Board reviewed the Final Plat application for Conditional Final Plat Approval. and WHEREAS, the Planning Board reviewed the effect the proposed subdivision would likely have on the need for additional recreational resources and found that with six additional homes, there would likely be an increase in demand. Suitable land, however, does not exist within the proposed subdivision to accommodate a public park or playground due to the location and use of the parcel. and WHEREAS, the Southold Town Code establishes a fee to be paid in lieu of providing a park within the subdivision. the required fee is $7,000.00 per newly created lot, and this subdivision will create 6 new lots. and WHEREAS, pursuant to §240-38 Waiver, the Southold Town Planning Board may waive the provision of any or all required public improvements which in its judgment and considering the special circumstances of a particular plat or plats, are not required in the interests of the public health, safety and general welfare, except where such authority would be contrary to other ordinances or state law. 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 welfare: Koehler Standard Subdivision Page 15 June 9, 2021 § 240-46. Lighting. (in part) To protect the night skies and reduce light pollution, which has been shown to be harmful to the environment including adversely affecting human health, the requirement for street lighting is waived except for one street light at the intersection of New Suffolk Avenue and Ospreys Landing. § 240-49 Clearing. The lots have been previously cleared except for the area near the bluff that will be protected by the non-disturbance buffer, therefore they are eligible for a waiver of the clearing restrictions. WHEREAS, this subdivision is designed as a clustered subdivision pursuant to Chapter 240 Subdivision of Land, Article XI Cluster Development of the Southold Town Code, and the application has been found to meet the requirements of Article Vll Final Plat Review. therefore be it RESOLVED, that the Southold Town Planning Board hereby finds that the proposed subdivision plat presents a proper case for requiring a park suitably located for recreational purposes, but that a suitable park cannot be properly located on such subdivision plat, and that the Planning Board will require $42,000.00 in lieu thereof, pursuant to 240-53 G of the Southold Town Code. and be it further RESOLVED, that the Southold Town Planning Board, pursuant to §240-38 Waiver, hereby waives § 240-46. Lighting (in part as described above), subject to approval by the Superintendent of Highways and the Town Engineer: and be it further RESOLVED, that the Southold Town Planning Board, pursuant to §240-56 Waiver of certain provisions, hereby waives the clearing restrictions as described above. and be it further RESOLVED, that the Southold Town Planning Board grants Conditional Final Plat Approval upon the map entitled "Clustered Final Plat Prepared for Koehler Family Limited Partnership", dated June 30,, 2014 and last revised March 20, 2018, prepared by Kenneth M. Woychuk Land Surveying, PLLC with the following conditions: 1. Submit the Final Plat with the following edits and corrections for review by the Planning Board. a. Add a road name for the proposed public road. b. The notation "Prop. Underground Elec./CATV/TELE" in Lot 5 does not appear to be serving any purpose and should be removed. c. Remove the following from the Final Plat. i. Notation and illustration of the "10' wide Long Island Power Authority Easement". Koehler Standard Subdivision Page 16 June 9, 2021 ii. Notation and illustration of the "Dirt Roadway". iii. Notation and illustration of the "Overhead Wires". iv. Notations and illustrations of the "Utility Pole". v. Notation "Existing Easement to be Relocated to Easement on Lot 3". d. Remove the word "Proposed" from the following notations: i. 10' access easement. ii. Driveway Easement. iii. 4' wide foot path(s). iv. Underground electric. e. Correct the Lot Area Data table and Area Data numbers for Bluff and Wetland Area. The Lot Area Data tables shows the area as 10,226 sq. ft. and the Area Data table as 10,189 sq. ft.. f. Under Area Data, replace the first label "Development Area" with "Buildable Lands". g. Add the word "street" to the notations about the proposed trees so the notation reads as follows: `Proposed Street Trees planted at 40' spacing 3-4" caliper'. h. Remove the notation from the Final Plat: TOTAL WiLDABLE AREA = 253,150 sq. ft.(40% DEVELOPMENT AREA) + 5,319 sq. ft. = 258,469 sq. ft. i. Add monuments to be set in the following locations: ■ At the edge of the non-disturbance buffer on the lot line between lots 2 & 3. ■ At each change in direction along non-disturbance buffer on Lot 3. ■ All four corners of the Buildable Area on Lot 7. j. Add the following notation on Lot 3. "All new structures on Lot 3 shall be located landward of the 100' top of bluff setback.". k. Lot 3 driveway to the existing or future residence on Lot 3 is required to be from the new public road. I. Remove the notation and illustration referencing the 8-bedroom sanitary system.. Koehler Standard Subdivision Page 17 June 9, 2021 The C&R's will reflect the requirement for an I/A OWTS system for Lot 3 if the old system is replaced or upgraded for any reason. m. Remove the notation "Ground Level" referring to a sewer line. n. Add the metes and bounds for all boundary lines of the northwestern corner of the property noted as 'Road Dedication, 311 sq. ft.'. o. Show the R-80 Zoning District setbacks for all lots, except that Lot 3 rear yard (waterfront side) is allowed to be set at 55' to accommodate the existing house. p. Show setbacks for Lots 1, 3, and 6 as follows: i. Lot 1 has two front yards and the 60' front yard setback shall be measured from both New Suffolk Avenue and the proposed public road. The 20' side yard can be measured from either remaining property boundary. ii. Lot 3 rear yard setback to the water can be set at 55' (instead of the R-80 75) to accommodate using the existing house. iii. Lot 6, the 60' front yard setback shall be measured from the cul-de- sac and the 20' side yard from the 25' Driveway Easement. q. Add a second page to the Final Plat showing an enlargement of Lots 2 & 3. The purpose of this drawing is to show more clearly the location of the non-disturbance buffer, as well as the details of the two access points to the shore, and other details that are difficult to see on the Final Plat. Add dimensions of the distance to the tie line from the edge of the non- disturbance buffer at key locations along its length. In this drawing, remove all items that are noted as existing but to be removed such as overhead wires, utility poles, LIPA easement, existing driveway easement and the dirt roadway. r. Revise the notation "Proposed 10' Pedestrian Access Easement" to read "Proposed 10' Wide Pedestrian Access Easement for Lots 1, 4, 5, 6 and 7". s. Extend the 10' wide pedestrian easement to the cul-de-sac on the outside of the 25' wide driveway easement. t. All existing utility lines currently serving the adjacent parcel, if any, shall be removed and extended from the end of the public roadway to reconnect to the house at SCTM 115-10-2 at the expense of the applicant (Koehler). Koehler Standard Subdivision Page 18 June 9, 2021 Further details regarding timing of the transfer and the obligations regarding the driveway section will be provided in the covenants. Any utilities not currently existing for SCTM 115-10-2, such as public water, shall be extended from the cul-de-sac to the house over the 25' Driveway Easement at the expense and initiative of the owner of SCTM 115-10-2. u. Revise the notation on Lot 2 "10' wide access" to "10' Wide Access through non-disturbance buffer for Lots 2 & 3". Move this notation outside of the Lot to increase clarity and legibility. v. The indicator line for the notation "20' x 20' Easement Area for Dock Access" needs to be corrected to point to the actual location. w. Add notation "There is an approved Final Road & Drainage plan with additional requirements for this subdivision, and including technical specifications for the new road and street trees. The approved Road & Drainage plan for the Koehler Standard Subdivision is on file with the Southold Town Planning Board.". 2. Submit 9 sets of the Final Road & Drainage Plan that meet with the approval of the Town Engineer and the Planning Board. 3. Amend the SWPPP last revised July 9, 2018 as follows: a. Delete the Lot Area Table. b. The drainage design shown on the most recent Clustered Final Plat Prepared for Koehler Family Limited Partnership dated March 20, 2018 does not match that shown on the Stormwater Pollution Prevention Plan (SWPPP) drawings. c. Revise the drainage design for Tributary #2 to include a catch basin as the inlet structure. Leaching catch basins are not, permitted as inlet structures on roads. d. One of the leaching pools for Tributary #2 is located outside of the road Right of Way. e. The "Typical Dry Well" detail on Drawing SWPP-2.0 shows 15" diameter CCP to be used to connect drainage basins to each other. 15" diameter HDPE must be utilized for these connections. f. The "Typical Dry Well" detail on Drawing SWPP-2.0 shows a minimum 2' separation from groundwater. As per the New York State Stormwater Management Design Manual this separation Koehler Standard Subdivision Page 19 June 9, 2021 must be a minimum of 4' in areas with sole source aquifers. g. Drawing SWPP-2.0 contains references to both orange construction fencing and temporary chain link fencing. All references have arrows that point to the same symbol depicted for temporary protective construction fence. Drawing SWPP-3.0 contains a "Typical Construction Fence Detail" that describes plastic fluorescent orange fence. Resolve these discrepancies. h. Drawing SWPP-2.0 shows the location of a temporary swale area with short solid lines (no arrowheads) within it. The legend shows an arrow symbol depicting a "Swale Flow Arrow". Resolve this discrepancy. i. Drawing SWPP-2.0 must show the location of the soil stockpile area and the concrete washout area. j. Drawing SWPP-3.0 must include details for the soil stockpile area and the concrete washout area. k. The following comments apply universally to Drawings SWPP- 2.1 through SWPP-2.7: i. Please note that as per New York State Department of Environmental Conservation guidance, each lot will be require an individual SPDES construction permit prior to construction of the lot in addition to the permit required for the subdivision. ii. The drawings contain references to both orange construction fencing and temporary chain link fencing. All references have arrows that point to the same symbol depicted for temporary protective construction fence. Drawing SWPP-3.0 contains a "Typical Construction Fence Detail" that describes plastic fluorescent orange fence. Resolve these discrepancies. iii. Increase the size of the arrowheads shown in the temporary swale area so that the direction of flow is clearly discernable. iv. Show the location of the soil stockpile area and the concrete washout area. I. The note "Prop. Catch Basin & Drywells" on Drawing SWPP- Koehler Standard Subdivision Page 110 June 9, 2021 2.3 is not pointing to a drainage system. m. The drainage calculations on Drawing SWPP-2.7 call for two leaching pools to be installed but four are depicted on the drawing. Resolve this discrepancy. n. Test Hole #2 located on Lot 7 shows groundwater at elevation - 0.7'. Revise the drainage design to ensure a minimum 4' separation between the bottom of each leaching pool and groundwater. o. Page 1 of the SWPPP incorrectly states in the first paragraph that a copy of the SPDES General Permit for Stormwater Discharges from Construction Activity (Permit No. GP-0-20- 001) is provided in Appendix A. p. Page 6 of the SWPPP incorrectly states in the second paragraph that the Water Quality Volume is a standard of the Town of Southold. This is a standard of the New York State Department of Environmental Conservation (NYSDEC). q. The locations of stormwater discharges should be shown on the Site Location Map. This includes both Southold Town outfalls (Outfall 103 and Outfall 104) impacted by runoff from the proposed development and any points of direct discharge to Deep Hole Creek. r. The SWPPP states in multiple sections that twenty-three (23) drywells will be installed as part of the proposed development. The drainage calculations shown on the associated drawings only tally to twenty-two drywells. Resolve this discrepancy. s. Please note that the Peconic Pathogen Watershed Improvement Strategy Area described on the Stormwater Interactive Map does not apply as the Peconic Pathogen Total Maximum Daily Load was rescinded by the NYSDEC. t. Provide nine sets of updated road and drainage plans for the subdivision that meet Chapter 161: Highway Specifications of the Southold Town Code and accurately reflect the drainage design in the SWPPP and all requirements of the Planning Board. 4. Submit an updated Bond Estimate (this cannot be completed until after the SWPPP and Final Road & Drainage Plans have been reviewed and accepted) Koehler Standard Subdivision Page 111 June 9, 2021 for review and approval by the Town Engineer, and, after approval and acceptance by the Planning Board and Town Board, submit the Bond. 5. Submit the Park & Playground Fee in the amount of$42,000. 6. Submit the Administration Fee in the amount that equals 6% of the approved bond estimate. 7. Submit the fee to be paid in lieu of building the one required Moderate Income Family Dwelling Unit for the current amount. Should this conditional approval be extended beyond one year, and this fee has not yet been paid, the amount will be that amount approved by the Town Board at the time the fee is actually paid. 8. The existing access easement to the adjacent parcel (SCTM#115-10-2) shall be moved to the end of the future public roadway in the form of a 25' wide access easement over Lot 3 which includes easements for driveway access and utilities. a. The utilities currently serving SCTM#1000-115-10-2 shall be relocated and reconnected at the expense of the applicant and done in such a way as to provide uninterrupted service. b. Public water service shall be made available by the applicant at the end of the new cul-de-sac to allow SCTM#1000-115-10-2 to connect (that connection being at the expense of the owner of SCTM#1000-115-10-2). 9. Review drafts of the following legal documents prepared by the Planning Board for approval. Drafts will be provided by the Planning Department to you for the documents. These documents will include additional specific restrictions for this subdivision: a. Covenants & Restrictions b. Open Space Conservation Easement (also requires approval by Town Board prior to executing) c. Interim Road Maintenance Agreement 10.The following restrictions apply and will be included in the Covenants & Restrictions. a. There shall be no further subdivision of any of the lots shown on the aforesaid Subdivision Map resulting in additional building lots. No lot lines shall be changed unless authorized by the Town Planning Board. Koehler Standard Subdivision Page 112 June 9, 2021 b. Septic systems /wastewater treatment systems: i. Traditional septic systems are not permitted to be used on the lots in this subdivision. The use of an innovative/alternative wastewater treatment system (I/A OWTS), as permitted under Suffolk County Department of Health Services' Article 19, is required. c. Existing house on Lot 3: i. An I/A OWTS is required. The cesspool must be replaced. ii. No second story or other additions to the structures or expansion of the footprint are permitted. iii. The structures can be reconstructed or improved in-place with no expansion for the purpose of meeting building codes. iv. All new construction and any new structures on Lot 3 shall be located landward of the 100' jurisdiction line from top of bank. d. Only one dock location is permitted. This dock location is at the terminus of the common access for Lots 2 and 3. The dock(s) are to serve Lots 2 and 3 only. e. The 4' wide pedestrian path on Lot 3 for common access to the water for Lots 1-7, must be located on the northern side of the 10' wide access easement to provide a buffer to the adjacent parcel (SCTM# 1000-115.- 10-2) to the south. The path shall meander to avoid existing trees. f. Specifics as to whether stairs or a deck or platform on the bank will be allowed must be discussed with Planning Board prior to finalizing the covenants. 11.A draft access easement for SCTM 115-10-2 must be provided by the applicant for review and approval by the Planning Board and mutual agreement by the owner of SCTM115-10-2. 12.Submit drafts of the following legal documents for review and approval of the Planning Board: a. Paperwork for the road dedication of 311 sq. ft., in the northwestern corner of the property, the timing of which is to be determined by the Town Attorney. b. Any other documents regarding the future public road dedication that may be required prior to Final Plat Approval and the map being filed. Koehler Standard Subdivision Page 113 June 9, 2021 13.Lots 1-6 access shall be from new road only. Driveway access to New Suffolk Avenue for Lots 1 or 4 is not permitted. 14.Provide draft public road dedication documents at the appropriate time to be determined. 15.Provide an Interim Road Maintenance Agreement that is approved by the Planning Board, Town Engineer, Town Highway Superintendent and Town Attorney. 16.A draft Maintenance Bond pursuant to § 240-33 will be required after the road is completed and the initial bond is released. § 240-33 Maintenance bond. A. At the time of the release of the performance bond, a maintenance bond shall be furnished by the developer to guarantee upkeep and the workmanship and materials of all required improvements for a period of one year from the date of release of the performance bond by the Town. This bond shall be in an amount which is one-third of the performance bond estimate. If the improvements are not taken over by the Town, an annual maintenance bond shall be required, annually updated and running until the improvements are dedicated to the Town. The amount of this bond shall be determined by the Superintendent of Highways, and the form shall be in accordance with § 240-34. B. Where dedication of required improvements has not been accepted by the Town Board, maintenance inspection shall be made annually by the Town Engineering Office and/or Superintendent of Highways. In the event that such required improvements are not maintained according to the Department of Highway specifications, the Town Engineering Office and/or Superintendent of Highways shall recommend to the Town Board that such maintenance bond be declared in default and the offer of dedication shall be accepted by the Town Board. 17.File the legal documents with the Suffolk County Clerk after Planning Board review and approval of the drafts. Koehler Standard Subdivision Page 114 June 9, 2021 18.After the items above have been completed to the satisfaction of the Planning Board, submit 12 paper copies and 5 mylar copies of the Final Plat to include the following: a. Approval stamp of the Suffolk County Department of.Health Services. b. Reference to the filed legal documents including the covenants and open space conservation easement. 19. Obtain a Wetland Permit for the common access over lot 3 prior to constructing. A permit issued in 2017 only applies to the access located on the lot 2 and 3 property line. The next step to continue towards Final Plat Approval is to meet all conditions stated above, and the submission of a Final Plat Application and Fee. Note additional changes to the Final Plat and/or documents may be required by the Planning Board. Preliminary Plat Approval shall expire six months from the date the Planning Board adopted its resolution of approval unless extended by further resolution of the Planning Board, such extension not to exceed a total of 180 days. In the event that the applicant shall fail to apply for approval of a Final Subdivision Plat prior to expiration of the Preliminary Plat Approval, all documents required by this section shall be re-submitted and a second Preliminary Plat Fee shall be paid before any application for Final Plat Approval shall be accepted or processed. If you have any questions regarding the information contained in this resolution, please contact the Planning Board Office. Respectfully, Donald J. Wilcenski Chairman OFFICE LOCATION: MAILING ADDRESS: Town Hall Annex OF SOUL P.O. Box 1179 54375 State Route 25 O�� /y0l Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) Q Southold, NY Telephone: 631 765-1938 www.southoldtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD June 9, 2021 Mr. Stephen L. Ham, III, Esq. Matthews & Ham 38 Nugent Street Southampton, NY 11968 Re: Set Hearing & SEQRA Classification —Weathervane Resubdivision 2183 Windshield Drive, Fishers Island SCTM#1000-2-1-8.1 & 8.2, Zoning District: R-120 Dear Mr. Ham: The Southold Town Planning Board adopted the following resolutions at a meeting held on Monday, June 7, 2021 WHEREAS, on March 24, 2021, the applicant submitted a resubdivision application for review by the Southold Town Planning Board; and WHEREAS, this resubdivision proposes to transfer 4,617 sq. ft. from Lot 1 (SCTM#1 000-2-1-8.1) to Lot 2 (SCTM#1000-2-1-8.2), and 2,884 sq. ft. from Lot 2 to Lot 1. Lot 1 will decrease from 69,972 sq. ft. to 68,239 sq. ft., and Lot 2 will increase from 72,818 sq. ft. to 74,551 sq. ft. in the R-120 zoning district. Both lots require a variance from the Zoning Board of Appeals to be less than the minimum lot size of 120,000 sq. ft.; and WHEREAS, at their work session on May 17, 2021, the Southold Town Planning Board found the resubdivision application complete; 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 11 list of actions; therefore be it Weathervane Resubdivision June 8, 2021 RESOLVED, that the Southold Town Planning Board has determined that this proposed action is an Unlisted Action under SEQRA as described above; and be it further RESOLVED, that the Southold Town Planning Board sets Monday, July 12, 2021 at 6:03 p.m. for a Public Hearing upon the map prepared by Richard H. Strouse, entitled "Map of FI Weathervane Enterprises LLC Lot Line Change" dated January 27, 2021, and last revised April 28, 2021. Please refer to the enclosed copy of Chapter 55, Notice of Public Hearing, in regard to the Town's notification procedure. The notification form is enclosed for your use. The sign and the post will need to be picked up at the Planning Board Office, Southold Town Annex. Please return the enclosed Affidavit of Posting along with the certified mailing receipts AND the signed green return receipt cards before 12:00 NOON ON FRIDAY, July 9, 2021. The sign and the post need to be returned to the Planning Board office after the public hearing is closed. If you have any questions regarding the information contained in this resolution, please contact the Planning Board Office. Respectfully, �wc Donald J. Wilcenski Chairman Encls. OFFICE LOCATION: MAILING ADDRESS: Town Hall Annex O f SOU P.O. Box 1179 54375 State Route 25 O�� r, Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) Q Southold, NY Telephone: 631 765-1938 www.s outholdtownny.gov o ® aQ 100UNT`1,� PLANNING BOARD OFFICE TOWN OF SOUTHOLD June 9, 2021 Patricia Moore, Esq. 51020 Main Road Southold, NY 11971 Re: Approve Amendment to Covenants Schreiber, Robert Minor Subdivision SCTM#1000-95-1-4.4, 1000-82.-2-1 & 2 Dear Ms. Moore The following resolution was adopted unanimously at a meeting of the Southold Town Planning Board on Monday, June 7, 2021: WHEREAS, this subdivision referenced above was approved by the Planning Board on February 9, 2004; and WHEREAS, a road declaration describing the proposed road to Lots 1, 2 & 3 and the maintenance responsibilities for said road were filed in Liber 12293, Page 513; and WHEREAS, on January 25, 2021, the landowner's attorney requested that the covenants be amended to clarify and address some incorrect information; and WHEREAS, clause # 5 in the aforementioned covenants requires a majority plus one vote of the Planning Board after a public hearing for any amendments; and WHEREAS, on March 22, 2021, the Planning Board, at their work session, reviewed the original covenants, the filed map, and the proposed amendments and agreed to consider the changes; and WHEREAS, on May 3, 2021, the Planning Board held a public hearing on the amendments to the covenants where no issues or concerns were raised regarding the amendments; be it therefore Southold Town Planning Board Page 2 June 9, 2021 RESOLVED, that the Southold Town Planning Board hereby grants approval to amend the covenants and restrictions (C&R's) entitled AMENDED DECLARATION OF COVENANTS AND RESTRICTIONS, the revised version of which is dated 5/12/2021. Please note that a majority plus one vote is required to approve the amendments. The resolution to amend the covenants was approved unanimously. A roll call was made of the votes for this resolution to document the results as follows: Chairman Wilcenski: aye Vice-chairman Rich- aye Member Sidor: aye Member Rafferty: aye Member Eisenstein: absent Please submit a copy of the filed covenants to this office when available. Any alteration to the amended covenants beyond that which was approved by the Planning Board will cause the amended version to be considered null and void. If you have any questions regarding the information contained in this resolution, please contact the Planning Board Office. Respectfully, Donald J. Wilcenski Chairman OFFICE LOCATION: MAILING ADDRESS: Town Hall Annex �F SOU P.O. Box 1179 54375 State Route 25 O�� TyOI Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) Q Southold, NY .IL � Telephone: 631 765-1938 www.southoldtow-nny.gov �y00UplT`1,� PLANNING BOARD OFFICE TOWN OF SOUTHOLD June 9, 2021 Martin Finnegan, Esq. Twomey, Latham, Shea, Kelley, Dubin & Quartaro, LLP P.O. Box 9398 Riverhead, NY 11901 Re: Abandon Lot from Previous Subdivision Colton Acres Standard Subdivision SCTM#:1000-38.-1-1.8 Zoning District: R-40 Dear Mr. Finnegan: The Southold Town Planning Board adopted the following resolution at a meeting held on Monday, June 7, 2021: WHEREAS, this Standard Subdivision proposes to subdivide 4.24 acres into three 1.2- acre lots in the R-40 Zoning District; and WHEREAS, on September 14, 2020, the Planning Board granted a Conditional Final Plat Approval upon the application; and WHEREAS, the subject parcel was created through a subdivision of land shown on the filed map entitled Subdivision Map for Joseph Cherepowich; and WHEREAS, the subject parcel is Lot#4 on the filed map; and WHEREAS, this subdivision application proposes to further subdivide the subject parcel into three lots shown on a map entitled Colton Acres; and WHEREAS, the subject parcel must be abandoned from the filed Subdivision Map of Joseph Cherpowich before the new map of Colton Acres can be filed with the Suffolk County Clerk; be it therefore Colton Acres Standard Subdivision Page 2 June 9, 2021 RESOLVED, that the Southold Town Planning Board hereby recommends that Lot#4 be abandoned from the Subdivision Map for Joseph Cherepowich. If you have any questions regarding the information contained in this resolution, please contact the Planning Board Office. Respectfully, Donald J. Wilcenski Chairman cc: Elizabeth A. Neville, Town Clerk OFFICE LOCATION: MAILING ADDRESS: Town Hall Annex ��rjF SU(/ P.O. Box 1179 54375 State Route 25 �oTyOlO Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) Southold, NY � � Telephone: 631 765-1938 www.southoldtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD June 9, 2021 Charles Cuddy, Esq. P.O. Box 1547 Riverhead, NY 11901 Re: Wildberry Fields Subdivision — Updated Road & Drainage Plan South side of Sound View Ave, +/- 289 feet west of Clark Rd, Southold SCTM#1000-51-3-12.7, 12.8, 12.9, 12.10, 12.11, 12.12, 12.13, 12.14, 12.15, 12.16 Dear Mr. Cuddy: The Southold Town Planning Board adopted the following resolution at a meeting held on Monday, June 7, 2021: WHEREAS, the Wildberry Fields Subdivision was approved by the Planning Board and filed with the County Clerk in 2001; and WHEREAS, from 2001 to 2021, the subdivision remained undeveloped; and WHEREAS, upon inquiries from the landowner about beginning construction of the subdivision road in early 2021, it was determined that due to several items on the approved Road & Drainage Plan being obsolete, it would be in the best interest of the landowner and the Town for the plan to be updated; and WHEREAS, on May 2, 2021, the owner's agent submitted an updated Road & Drainage Plan; and WHEREAS, on May 17, 2021, the Planning Board, at their work session, reviewed the updated plan along with comments from the Town Engineer and found the plan acceptable with one condition; that the number of street lights be reduced to one; and WHEREAS, the Planning Board also noted that the performance guarantee for the road construction was still valid and on file with the Town Clerk; be it therefore WildberrV Fields - Page 12 — June 9, 2021 RESOLVED, that the Southold Town Planning Board hereby grants approval of the revised Road & Drainage Plan prepared by prepared by Young & Young, entitled "Subdivision, Wildberry Fields Final Road & Drainage Plan", dated June 19, 1993, and last revised May 10, 2021, Pages 1 through 5, with the following conditions: 1. Reduce the number of streetlights from four to one to be installed at the intersection of Wildberry Lane and Sound View Avenue. 2. Add reflective signage at the curve and cul-de-sac. Note that the updated Road & Drainage Plan includes the use of land that was identified on the filed map as an "easement for temporary turn-around". This turn-around will become permanent because the adjacent property will never be developed with a through-street. There may be further steps required by the Suffolk County Department of Health Services to officially recognize this alteration to the lot line of Lot 10. If you have any questions regarding the information contained in this resolution, please contact the Planning Board Office. Respectfully, Donald J. Wilcenski Chairman OFFICE LOCATION: MAILING ADDRESS: Town Hall Annex OF S0(/ P.O. Box 1179 54375 State Route 25 O�� lyOl Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) Q Southold, NY Telephone: 631 765-1938 www.s outholdtownny.gov CAI PLANNING BOARD OFFICE TOWN OF SOUTHOLD June 9, 2021 Charles W. Southard, Jr. 435 Bay Home Road Southold, NY 11971 Re: SEAR Classification — Site Plan for Boisseau Ave Farm 1070 Boisseau Avenue, Southold SCTM#1000-55.-6-37.1 Zoning District: R — 80 Dear Mr. Southard: The following resolution was adopted at a meeting of the Southold Town Planning Board on Monday, June 7, 2021: WHEREAS, this site plan application is for the proposed construction of a 1-story 2,520 sq. ft. building for agricultural storage, two 96' x 30' greenhouses, a gravel access road and parking area located on ±16 acres in the R-80 Zoning District; and WHEREAS, the Southold Town Planning Board, pursuant to State Environmental Quality Review Act (SEQRA) 6 NYCRR, Part 617.5 (c), the proposed action is a Type II Action as it falls within the following description for 6 NYCRR, 617.5(c)(3) agricultural farm management practices, including construction, maintenance and repair of farm buildings and structures, and land use changes consistent with generally accepted principles of farming; be it therefore RESOLVED, that the Southold Town Planning Board has determined that this proposed action is a Type II action under SEQRA as described above. RESOLVED, that the Southold Town Planning Board sets Monday, July 12, 2021 at 6:02 p.m. for a Public Hearing regarding the Site Plan entitled "Murtha Ag Barn" prepared by Nathan Taft Corwin III dated March 25, 2020 and last revised April 30, 2021. TABLED Boisseau Avenue Farm Page 2 June 9, 2021 RESOLVED, that the Southold Town Planning Board hereby waives the public hearing for this agricultural site plan application. If you have any questions regarding the information contained in this resolution, please contact the Planning Board Office. 'Respectfully, Donald J. Wilcenski Chairman OFFICE LOCATION: MAILING ADDRESS: Town Hall Annex OF SQU P.O. Box 1179 54375 State Route 25 O�� TyOI Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) Southold NY Telephone: 631 765-1935 www.southoldtownny.gov COUNTI,� PLANNING BOARD OFFICE TOWN OF SOUTHOLD June 9, 2021 William Kelly 22355 Cox Lane Unit#4 Cutchogue, NY 11935 Re: SEAR Classification & Set Hearing — Site Plan for Murtha Farm Ag Barn 2668 Long Creek Drive, Southold SCTM#1000-56.-1-11.15 Zoning District: A— C Dear Mr. Kelly: The following resolutions were adopted at a meeting of the Southold Town Planning Board on Monday, June 7, 2021: WHEREAS, this site plan application is for the proposed construction of a 42' x 60' agricultural storage building for equipment related to raising livestock and pasture management, on 20.6 acres in the AC Zoning District.; and WHEREAS, the Southold Town Planning Board, pursuant to State Environmental Quality Review Act (SEQRA) 6 NYCRR, Part 617.5 (c), determines that the proposed action is a Type II Action as it falls within the following description for 6 NYCRR, 617.5(c)(3) agricultural farm management practices, including construction, maintenance and repair of farm buildings and structures, and land use changes consistent with generally accepted principles of farming; be it therefore RESOLVED, that the Southold Town Planning Board has determined that this proposed action is a Type II action under SEQRA as described above; and be it further RESOLVED, that the Southold Town Planning Board sets Monday, July 12, 2021 at 6:02 p.m. for a Public Hearing regarding the Site Plan entitled "Murtha Ag Barn" prepared by Nathan Taft Corwin III dated March 25, 2020 and last revised April 30, 2021. TABLED Murtha Ag Barn Page 2 June 9, 2021 RESOLVED, that the Southold Town Planning Board hereby waives the public hearing for this agricultural site plan application. If you have any questions regarding the information contained in this resolution, please contact the Planning Board Office. Respectfully, Donald J. Wilcenski Chairman Encls. OFFICE LOCATION: MAILING ADDRESS: Town Hall Annex ��rjF SOU P.O. Box 1179 54375 State Route 25 OryOl Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) Q Southold, NY Telephone: 631 765-1938 www.southoldtownny.gov U01�c� PLANNING BOARD OFFICE TOWN OF SOUTHOLD June 9, 2021 Robert Brown 205 Bay Avenue Greenport, NY 11944 Re: Set Hearing — Hard Corner Southold Mixed Use 53530 NYS Route 25, Southold SCTM#1000-61.4-1 Zoning District: Hamlet Business— HB Dear Mr. Brown: The following resolution was adopted at a meeting of the Southold Town Planning Board on Monday, June 7, 2021: WHEREAS, this site plan is for the proposed construction of a 2-story 4,983 sq. ft. mixed-use building fronting NYS Route 25 with retail on the first floor and three (3) apartments on the second floor, and 25 parking stalls; and four (4) 1,597 sq. ft. residential rental units (age-restricted 55+) along Wells Avenue, all on 2.28 acres in the Hamlet Business (HB) Zoning District. The property is located at 53530 Route 25, Southold. SCTM#1000-61-4-1; therefore be it RESOLVED, that the Southold Town Planning Board sets Monday, July 12, 2021 at 6:04 p.m. for a Public Hearing regarding the Site Plan entitled "Hard Corner Mixed Use" prepared by Robert I. Brown, R. A., dated March 10, 2021. The public hearing packet regarding the Town's notification procedure and the sign & post will need to be picked up at the Planning Board Office at the Southold Town Annex when you are contacted to do so. Hard Corner Mixed Use Page 2 June 9, 2021 Please return the Affidavit of Posting/Mailing, included in the packet, along with the certified mailing receipts AND the signed green return receipt cards before 12.00 noon on Friday, July 9, 2021. The sign and the post need to be returned to the Planning Board Office after the public hearing is closed. If you have any questions regarding the information contained in this resolution, please contact the Planning Board Office. espectful I � Donald J. Wilcenski Chairman Encls. OFFICE LOCATION: MAILING ADDRESS: Town Hall Annex ��rjF SOU P.O. Box 1179 54375 State Route 25 OjyOl Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) Q Southold, NY Telephone: 631 765-1938 www.s outho ldtownny.gov eigu PLANNING BOARD OFFICE TOWN OF SOUTHOLD June 9, 2021 Karen Hoeg, Esq. Twomey, Latham, Shea, Kelley, Dubin & Quartaro, LLP P.O. Box 9398 Riverhead, NY 11901 Re: Approval Extension — Site Plan for Captain Red's Marine Sales 9605 NYS Route 25, ±200' s/w/o Factory Avenue & NYS Route 25, Mattituck SCTM#1000-122.-6-12 Zoning District (split): B & R-40 Dear Ms. Hoeg: The following resolution was adopted at a meeting of the Southold Town Planning Board on Monday, June 7, 2021: WHEREAS, this site plan is for the proposed construction of a 3,680 sq. ft. metal building (ZBA file 7014) for storage (no basement) where there exists a 1 -story 1,168 sq. ft. office building for boat sales, storage, parking and display with 8 parking stalls on a General Business (B) and R-40 split zoned parcel totaling 1.6 acres, Mattituck; and WHEREAS, on July 8, 2019, the Planning Board granted approval with conditions, including one to be met prior to the Chairman endorsing the site plan, to the Site Plan entitled "Captain Reds Marine Sale", prepared by John C. Ehlers, L.S. dated June 26, 2017 and last revised June 13, 2019; and WHEREAS, on January 8, 2021, the site plan expired; and WHEREAS, on April 21, 2021, the applicant submitted a letter requesting an Extension of Site Plan Approval and provided reasoning due to the COVID-19 pandemic, contractor and supply chain delays; and Captain Red's Marine Sales Page 2 June 9, 2021 WHEREAS, at a Work Session held on May 3, 2021, the Planning Board reviewed the application and determined that a site visit was warranted to assess on site conditions and WHEREAS, at a Work Session held on June 7, 2021, the Planning Board reviewed the application and determined that the expired Site Plan was in compliance with current rules and regulations and granted an extension to August 17, 2021 (70 days); therefore be it RESOLVED, that the Southold Town Planning Board grants an Extension of Site Plan Approval, with conditions, for 70 days from June 7, 2021 to August 17, 2021 to the Site Plan entitled "Captain Reds Marine Sale", prepared by John C. Ehlers, L.S. dated June 26, 2017 and last revised June 13, 2019 If you have any questions regarding the above, please contact this office. Respectfully, `-�k �L),. Donald J. Wilcenski Chairman cc: Michael Verity, Chief Building Inspector OFFICE LOCATION: MAILING ADDRESS: Town Hall AnnexP.O. Box 1179 54375 State Route 25 O���F S�UjyOl Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) O Southold, NY Telephone: 631 765-1938 www.s outholdtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD June 9, 2021 Ms. Nancy Steelman Samuels & Steelman Architects 25235 Main Road Cutchogue, NY 11935 Re: Public Hearing — Premium Wine Group Amended 35 Cox Neck Road, Mattituck SCTM#1000-121.-6-1 Dear Ms. Steelman: A Public Hearing was held by the Southold Town Planning Board on Monday, June 7, 2021 regarding the above-referenced application. The Public Hearing was closed. If you have any questions regarding the above, please contact this office. Respectfully, Donald J. Wilcenski Chairman