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Home My WebLink AboutPB-12/06/2021 OFFICE LOCATION: MAILING ADDRESS: Town Hall AnnexP.O. Box 1179 54375 State Route 25 O��OF SOUj�,ol Southold,NY 11971 (cor. Main Rd. &Youngs Ave.) 0 Southold NY Telephone: 631 765-1938 www.southoldtownny.gov �y�0UNr1,�� RECEIVED 1't PLANNING BOARD OFFICE TOWN OF SOUTHOLD M Q 2 1 2022 PUBLIC MEETING MINUTES December 6, 2021 6:00 p.m. Present were: James H. Rich III, Vice-Chairman Pierce Rafferty, Member Martin Sidor, Member Mary Eisenstein, Member Heather Lanza, Planning Director Mark Terry, Assistant Planning Director Brian Cummings, Planner Jessica Michaelis, Office Assistant Vice-Chairman Rich: Good Evening and welcome to the scheduled Public Meeting for Monday, December 6, 2021 for the Southold Town Planning Board. 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. SETTING-OF,.THE NEXT-PLANNING-BOARD MEETING Vice-Chairman Rich: The first order of business is to set Monday, January 10, 2022 at 6:00 p.m. as the time for the next regular Planning Board Meeting Martin Sidor: I make a motion. Mary Eisenstein: Second. Southold Town Planning Board Public Meeting — December 6, 2021 - Page 2 Vice-Chairman Rich:. Motion made by Martin, seconded by Mary. Any discussion?All in favor? Ayes. Opposed? None. Motion carries. SUBDIVISIONS "A' CONDITIONAL SKETCH PLAT APPROVAL EXTENSION: Vice-Chairman Rich: Tuthill Conservation Subdivision —This proposal is for an 80/60 Conservation Subdivision of four parcels (total area=1 12 acres) into 17 residential lots, with 94 acres to be preserved. The properties are located on Main Road in Orient in the R-80 and R-200 Zoning Districts. SCTM#'s 1000-17-4-16, 1000-17-6-14.2, 1000- 18-3-30.3 and 1000-18-6-17.3 Pierce.Rafferty: WHEREAS, this proposal is for an 80/60 Conservation Subdivision of four parcels SCTM#s1000-17-4-16, 1000-17-6-14.2, 1000-18-3-30.3 and 1000-18-6-17.3 (total area = 112 acres) into 17 residential lots, with 94 acres to be preserved. This project includes the transfer of yield among the four parcels pursuant to §240-42 F of the Southold Town Code. SCTM#1000-17-4-16 (North Dyer) equals 21 acres proposed to be subdivided into 6 lots where the lots range in size from 0.7 - 0.9 acres. This property includes a 0.7 acre private right-of-way and 15.6 acres of preserved open space inclusive of 6 acres of unbuildable lands. SCTM#1000-17-6-14.2 (South Dyer) equals 35.3 acres proposed to be subdivided into 5 lots where the lots range in size from 0.5 - 0.9 acres; property includes a 0.5 acre right-of-.way and 28.5 acres of open space inclusive of 15 acres of unbuildable lands. 8CTM#1000-18-3-30.3 (North Brown) equals 28.7 acres proposed to be subdivided into 5 lots where the lots range in size from 0.7 - 0.8 acres. This property includes a 1.3 acre private right-of-way and 23.7 acres of open space inclusive of 2 acres of unbuildable lands. SCTM#1000-18-6-17.3 (South Brown) equals 26..9 acres proposed to be subdivided where Lot I equals 0.92 acres. This property includes 25.5 acres of open space inclusive of 0.62 acres of unbuildable lands; and Southold Town Planning Board Public Meeting — December 6, 2021 — Page 3 WHEREAS, on July 3, 2014 the agent submitted a Sketch Plan Application and fee in the amount of$500.00 with other required materials for submission pursuant to Article V Sketch Plat Review; and WHEREAS, on December 2, 2019 the Southold Town Planning Board granted Conditional Sketch Plan Approval upon the maps entitled: • Sketch Plan North Dyer dated as last revised April 3, 2013, • Sketch Plan South Dyer dated April 1, 2011, • Sketch Plan of North Brown dated October 22, 2013, • Sketch Plan of South Brown dated as last revised April 2, 2013; and WHERES, on March 12, 2020 the Town of Southold declared a state of emergency due to the COVID-19 Pandemic; and WHEREAS, Conditional Sketch Approval, granted by the Planning Board on December 31, 2020, is set to expire pursuant to Article V. Sketch Plat Review§ 240-14. Expiration of the Southold Town Code; and WHERAS the applicant has requested a one-year extension of time to file the Final Plat, citing difficulty in getting the needed survey work completed on North and South Dyer and getting the title and deed work completed; therefore be it RESOLVED, that the Southold Town Planning Board grants an extension of time to file the Final Plat Application from December 31, 2021 to December 31, 2022. Martin Sidor: Second. Vice-Chairman Rich: Motion made by Pierce, seconded by Martin. Any discussion?All in favor? Ayes. Opposed? None. Motion carries. SKETCH PLAT DETERMINATION: Vice-Chairman Rich: Jenkins Conservation Subdivision — This proposal is for a Conservation Subdivision of a 17.89 acre parcel into two lots, where Lot 1 is 1.84 acres and contains an existing house and accessory buildings, and Lot 2 is 16.05 acres and contains a Town drainage easement of 0.28 acres and 15.77 acres of agricultural land. The Town purchased development rights on 15.77 acres of Lot 2 in 2001, and Southold Town Planning Board Public Meeting — December 6, 2021 — Page 4 ownership of this property has not changed since that time. The property is located at 2800 Depot Lane, Cutchogue, in the AC Zoning District. SCTM#1000-102-2-2.6 Martin Sidor: WHEREAS, on March 11, 2021 the applicant submitted a Subdivision Application Form for review by the Southold Town Planning Board; and WHEREAS, this proposal is for a Conservation Subdivision of a 17.89 acre parcel into two lots, where Lot 1 is 1.84 acres and contains an existing house and accessory buildings, and Lot 2 is 16.05 acres and contains a Town drainage easement of 0.28 acres. The Town purchased development rights on 15.77 acres of Lot 2 in 2001, and ownership of this property has not changed since that time; and WHEREAS, at their work session on October 18, 2021 the Southold Town Planning Board found the application complete; and WHEREAS, pursuant to §240-56 Waivers of certain provisions, the Southold Town Planning Board shall have the authority to modify or waive, subject to appropriate conditions, any provision of these subdivision regulations, if in its judgment they are not requisite in the interest of the public health, safety and general welfare, except where such authority would be contrary to other ordinances or state law; and WHEREAS, the Southold Town Planning Board has determined that the following provisions of the Southold Town Code §240 Subdivision of Land are not requisite in the interest-of the public health, safety and general welfare because this subdivision does not create any additional residential building lots, and the acreage of Lot 2 has been preserved through the development right sale to the Town of Southold, and therefore are eligible for a waiver: a. Existing Resources Site Analysis Plan (ERSAP); b. Yield Plan; c. Primary & Secondary Conservation Area Plan; d. Draft Bond Estimate e. Performance Guarantee,-and WHEREAS, on October 25, 2021, the Suffolk County Planning Commission responded that this proposal is a matter for local determination; and WHEREAS, this application is found to be Consistent with the Town of Southold Local Waterfront Revitalization Program; and WHEREAS, at their May 17, 2021 work session, 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 under S.EQRA; and Southold Town Planning Board Public Meeting — December 6, 2021 — Page 5 WHEREAS, pursuant to Town Code §240-41 concrete monuments to mark the property boundaries are required; WHEREAS, on August 9, 2021, the Planning Board, at their Work Session, reviewed the submitted map and found that all requirements, have been met pursuant to Article V Sketch Plat; therefore, therefore be it RESOLVED, that the Southold Town Planning Board has determined that this proposed action is an Unlisted Action under SEQRA, Mary Eisenstein: Second. Vice-Chairman Rich: Motion made by Martin, seconded by Mary. Any discussion? All in favor? Ayes. Opposed? None. Motion carries. Martin Sidor: And be it further RESOLVED, that the Southold Town Planning Board, pursuant to §240-56 Waivers of certain provisions, hereby waives the following provisions of subdivision: a. §240-10 (A): Existing Resources Site Analysis Plan (ERSAP); b. §240-10 (8):Yield Plan; c. §240-10 (C): Primary & Secondary Conservation Area Plan; d. Article IX Draft and Final Bond Estimate; e. Article Ill: Roadway Construction § 161-44. Street trees; f. Article X111: Preservation of Natural Features; Mary Eisenstein: Second. Vice-Chairman Rich: Motion made by Martin, seconded by Mary. Any discussion? All in favor? Ayes. Opposed? None. Southold Town Planning Board Public Meeting — December 6, 2021 — Page 6 Motion carries. Martin Sidor: And be it further RESOLVED, that the Southold Town Planning Board grants a Conditional Sketch Plan Approval upon the map entitled "Conservation Subdivision Sketch Plat for Robert Jenkins at Cutchogue" prepared by Peconic Surveyors Inc., dated December 20, 2020, and last revised August 11, 2021 with the following conditions: 1. Submit a Final Plat Application. 2. Make the following changes to the Final Plat: a. Amend the title to read "Conservation Subdivision Final Plat for Robert Jenkins". 3. Install concrete monuments at each new property corner. Mary Eisenstein: Second. Vice-Chairman Rich: Motion made by Martin, seconded by Mary. Any discussion? All in favor? Ayes. Opposed? None. Motion-carries. SITE PLAN APPLICATlONS WAIVE HEARING/ STATE ENVIRONMENTAL QUALITY REVIEW ACT TYPE CLASSIFICATION: Vice-Chairman Rich: WJF Farms Agricultural Storage Building —This site plan is for the proposed construction of a 60' x 100' (6,000 sq. ft.) agricultural pole barn, including employee bathrooms, an office and storage with a 19-space parking lot, and a 60' x 40' (2400 sq. ft.) agricultural storage shed located on ±11.6 acres Suffolk County Development Rights in the A-C Zoning District. The property is located at 12595 Oregon Road, Cutchogue. SCTM#1000-83-2-12.7 Southold Town Planning Board Public Meeting — December 6, 2021 — Page 7 Mary Eisenstein: WHEREAS, this site plan is for the proposed construction of a 60' x 100' (6,000 sq. ft.) agricultural pole barn, including employee bathrooms, an office and storage with a 19- space parking lot, and a 60' x 40' (2400 sq. ft.) agricultural storage shed, in the AC Zoning District, Cutchogue; and WHEREAS, the Southold Town Planning Board has determined the proposed action is a Type II Action as it falls within the following description pursuant to State Environmental Quality Review Act (SEQRA) 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; Pierce Rafferty: Second. Vice-Chairman Rich: Motion made by Mary, seconded by Pierce. Any discussion? All in favor? Ayes. Opposed? None. Motion carries. Mary Eisenstein: And be it further RESOLVED, that the Southold Town Planning Board waives the public hearing regarding the Site Plan entitled "WJF Farms, LLC" prepared by Jim Deerkoski, P.E., dated March 10, 2020. Pierce Rafferty: Second. Vice-Chairman Rich: Motion made by Mary, seconded by Pierce. Any discussion?All in favor? Ayes. Opposed? None. Southold Town Planning Board Public Meetinq — December 6, 2021 — Page 8 Motion carries. SET HEARING/ STATE ENVIRONMENTAL QUALITY REVIEW ACT TYPE CLASSIFICATION: Vice-Chairman Rich: NOFO Center Amended —This site plan is for proposed interior alterations to an existing 4,866 sq. ft. multi-use building, no footprint expansion, with thirty-six parking stalls on 0.7 acres in the General Business Zoning District. The property is located at 75 Marlene Lane, Mattituck. SCTM#1000-143-3-1 Pierce Rafferty: WHEREAS, this site plan is for proposed interior alterations to an existing 4,866 sq. ft. multi-use building, no footprint expansion, with thirty-six parking stalls on 0.7 acres in the General Business Zoning District, Mattituck; and WHEREAS, the Southold Town Planning Board has determined the proposed action to be Type II as it falls within the following description pursuant to State Environmental Quality.Review Act (SEQRA) 617.5(c)(2) ". . . replacement, rehabilitation or reconstruction of a structure or facility, in kind, on the same site, including upgrading buildings to meet building or fire codes"; 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; Martin Sidor: Second. Vice-Chairman Rich: Motion made by Pierce, seconded by Martin. Any discussion? All in favor? Ayes. Opposed? None. Motion carries. Pierce Rafferty: And be it further RESOLVED, that the Southold Town Planning Board sets Monday, January 10, 2022 at 6:02'p.m. for a Public Hearing regarding the Site Plan entitled "NOFO Center Planning" prepared by Anthony Portillo, R.A., dated November 4, 2021. Martin Sidor: Second. Vice-Chairman Rich: Motion made by Pierce, seconded by Martin. Any discussion? All in favor? Southold Town Planning Board Public Meeting — December 6, 2021 — Page 10 5. 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. 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. 6. No further subdivision of Lot 1. 7. Landscaping requirements as proposed by the LWRP comments. 8. Submit 12 paper copies and 4 mylars of the Final Plat with the approval stamp of the Suffolk County Department of Health Services; 9. Record covenants as drafted and approved by the Planning Board, and provide the Liber and Page; and WHEREAS, on December 6, 2021, the applicant's agent submitted a copy of the recorded covenants, which satisfied all the conditions above except for Conditions 4 & 8; and WHEREAS, on December 6, 2021, the applicant's agent submitted a copy of the access easement for Lot 1, satisfying Condition 4; and WHEREAS, the applicant's agent submitted 12 paper copies and 4 mylars of the Final Plat with the approval stamp of the Suffolk County Department of Health Services, satisfying Condition 8; and WHEREAS, the applicant has fulfilled all the conditions of Conditional Final Plat Approval; be it therefore RESOLVED, that the Southold Town Planning Board hereby grants Final Plat Approval upon the map prepared by Young &Young, entitled "Standard Subdivision, Joseph Lebkuecher, III & Katherine Lebkuecher, dated September 7, 2021, Pages 1 and 2: Mary Eisenstein: Second. - Vice-Chairman Rich: Motion made by Martin, seconded by Mary. Any discussion? All in favor? Southold Town Planning Board Public Meeting — December 6, 2021 — Page 11 Ayes. Opposed? None. Motion-carries. Vice-Chairman Rich: Okay, with no further business, can I get a motion for adjournment? Martin Sidor: I'd like to make a motion for adjournment. Mary Eisenstein: Second. Vice-Chairman Rich: Motion made by Martin, seconded by Mary. 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, Jessica Michaelis Transcribing Secretary Donald J. Wilcenski, Chairman RECEIVED r P MAR 2 1 2022 ��•' c�. I 0 er c