HomeMy WebLinkAboutPB-11/02/2020 OFFICE LOCATION: MAILING ADDRESS:
Town Hall Annex rjF SOU P.O. Box 1179
54375 State Route 25 ®�� jy�l Southold,NY 11971
(cor.Main Rd. &Youngs Ave.) Q
Southold,NY Telephone: 631765-1938
www.southoldtownny.gov
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PLANNING BOARD OFFICE _ �1 _L,�i�
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TOWN OF SOUTHOLD �
PUBLIC MEETING
MA 2 1 2022 L.
MINUTES
November 2, 2020
6:00 p.m.
Present were: James H. Rich III, Vice-Chairman
Pierce Rafferty, Member
Mary Eisenstein, Member
Heather Lanza, Planning Director
Mark Terry, Assistant Planning Director
Brian-Cummings, Planner---
Jessica Michaelis, Office Assistant
Vice-Chairman Rich: Good Evening and welcome to the scheduled Public Meeting for
Monday, November 2, 2020 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.
`„ 1 SETTING OFATHENEXT PLNIdINGBOARD MEETING YNa,
Vice-Chairman Rich: The first order of business is to set Monday, December 7, 2020
at 6:00 p.m. as the time for the next regular Planning Board Meeting.
Mary Eisenstein: Second.
Chairman Wilcenski: Motion made by Jim, seconded by Mary. Any discussion? All in
favor?
Southold Town Planning Board Page 12 November 2, 2020
Ayes.
Opposed?
None.
Motion carries.
f. .m v
SUwBDIVISION APPLICATIONS` _._ __ AL
STATE ENVIRONMENTAL QUALITY REVIEW ACT Type Classification/Set Hearing:
Vice-Chairman Rich: 1750 Sterling Agricultural Barn —This agricultural site plan is
proposed to demolish an existing 1,378 sq. ft. barn and construct a 4,826 sq. ft. barn for
agricultural storage located within a 2.0 acre reserve area (SCTM#1 000-96.-3-2.1)
where there exists a 2-story single family dwelling with garage and four (4) accessory
storage buildings totaling ±3,754 sq. ft., the parcel is attached to ±16.8 acres of
farmland (SCTM#1000-96.-3-2.2) with Development Rights held by Southold Town in
the AC Zoning District. The property is located at 830 Sterling Lane, Cutchogue.
SCTM#1000-96-3-2.1
Pierce Rafferty:
WHEREAS, this agricultural site plan is proposed to demolish an existing 1,378 sq. ft.
barn and construct a 4,826 sq. ft. barn for agricultural storage located within a 2.0 acre
reserve.area (SCTM#1000-96.-3-2.1) where there exists a 2-story single family dwelling
with garage and four (4) accessory storage buildings totaling ±3,754 sq. ft., the parcel is
attached to ±16.8 acres of farmland (SCTM#1000-96.-3-2.2) with Development Rights
held by Southold Town in the AC Zoning District, Cutchogue; and
WHEREAS, the Southold Town Planning Board, pursuant to State Environmental
Quality Review Act (SEQRA) 6 NYCRR, Part 617.5 (c), determined that the proposed
action is a Type II Action as it falls within the following description for 6 NYCRR, Part
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;
Mary Eisenstein: Second.
Vice-Chairman Rich: Motion made by Pierce, seconded by Mary. Any discussion? All
in favor?
Southold Town Planning Board Page 13 November 2, 2020
Ayes.
Opposed?
None.
Motion carries.
Pierce Rafferty: And be it further
RESOLVED, that the Southold Town Planning Board sets Monday, December 7, 2020
at 6:02 p.m. for a Public Hearing regarding the Site Plan shown on the Survey for
"George Starkie at Cutchogue SCTM#1 000-96.-3-2.1" prepared by John T. Metzger,
L.S., dated November 25, 2015 and last revised October 21, 2020.
Mary Eisenstein: Second.
Vice-Chairman Rich: Motion made by Pierce, seconded by Mary. Any discussion? All
in favor?
Ayes.
Opposed?
None.
Motion carries.
Determination:
Vice-Chairman Rich: George Penny Contractors Yard Amended —This amended
site plan is for a proposed contractors yard including eight (8) existing buildings totaling
24,634 sq. ft. on 2.68 acres in the LI Zoning District. The property is located at 67480
Route 25, Greenport. SCTM#1000-53-2-27.2
Mary Eisenstein:
WHEREAS, this amended site plan is for a proposed contractors yard including eight
(8) existing buildings totaling 24,634 sq. ft. on 2.68 acres in the LI Zoning District,
Greenport;
WHEREAS, on June 5, 2018, Charles Cuddy, authorized agent, submitted an amended
Site Plan Application for review; and
Southold Town Planning Board Page 14 November 2, 2020
WHEREAS, on July 17, 2018, the Planning Bound found the application incomplete for
review with revised site plans and information to be provided, including the requirement
that a Notice of Disapproval be issued for the subject application; and
WHEREAS, on March 12, 2019, a Notice of Disapproval was issued by the Building
Department for a proposed contractors yard; and
WHEREAS, on August 1, 2019, Charles Cuddy, authorized agent, submitted revised
site plans and information to the Planning Board for review; and
WHEREAS, on September 23, 2019, the Planning Board found the application
incomplete for review with revised site plans and information to be provided; and
WHEREAS, the Southold Town Planning Board, pursuant to §280-133 C of the
Southold Town Code, has the discretion to waive any or all of the requirements in §280-
133 for those applications involving uses strictly related to agriculture as long as they
are not necessary to further the objectives set forth in Town Code §280-129 to maintain
public health, safety, and welfare. The Planning Board has found that this application is
eligible for a waiver of certain elements of the Site Plan requirements because it is a
reuse of existing buildings with no footprint expansion, the details of which are included
in the Staff Report dated September 23, 2019; and
WHEREAS, on October 21, 2019, Charles Cuddy, authorized agent, submitted
information and revised site plans to the Planning Board for review; and
WHEREAS, on December 3, 2019, Charles Cuddy, authorized agent, submitted
information and revised site plans to the Planning Board for review; and
WHEREAS, on December 16, 2019, the Southold Town Planning Board, pursuant to
State.Environmental Quality Review Act (SEQRA) 6 NYCRR, Part 617.5 (c),
determined that the proposed action is a Type II Action as it falls within the description
for 6 NYCRR, 617.5(c)(7); and
WHEREAS, on January 6, 2020, the Planning Board, pursuant to Southold Town Code
§280-131 C., distributed the application to the required agencies for their comments;
and
WHEREAS, the action is exempt from the Suffolk County Planning Commission
(SCPC); and
WHEREAS, on January 13,, 2020, the Public Hearing was held and closed; and
WHEREAS, on February 21, 2020, the Southold Town Fire Marshal reviewed and
determined that there was adequate fire protection.and emergency access for the site;
and
Southold Town Planning Board Page 15 November 2, 2020
WHEREAS, on February 14, 2020, the office of Code Enforcement stated that there
were four (4) open violations on the subject parcel; and
WHEREAS, on February 24, 2020, the Office of the Town Engineer determined the
plan to be deficient, requiring certain revisions and additional information in order to be
in compliance with Chapter 236.Stormwater Management; and
WHEREAS, on March 6, 2020, the Town of Southold Local Waterfront Revitalization
Program Coordinator reviewed the proposed project and determined it to be
inconsistent with Southold Town LWRP policies. The Planning Board considered the
report and required certain items to be incorporated into the site plan and utilized as
conditions; and
WHEREAS, at a Work Session on March 9, 2020, the Planning Board reviewed
comments received from referral agencies and staff analysis; as a result, the Board
required revisions to the site plan and additional information as identified in the
Planning Board letters dated March 12, 2020 and October 16, 2020. Once certain
conditions as listed below are met, all applicable requirements of the Site Plan
Regulations, Article XXIV, §280 — Site Plan Approval of the Town of Southold will have
been met and the proposed action would be consistent with the policies of the.Town of
Southold Local Waterfront Revitalization. Program; therefore be it
RESOLVED, that the Southold Town Planning Board grants an amended site plan
approval with conditions for the George Penny Contractors Yard, and authorizes the
Chairman to endorse the site plan after Conditions 1" through "4" below are met:
Conditions (to be fulfilled prior to endorsement of site plan)
1. Provide a narrative from a NYS Licensed Engineer explaining how the site meets
Town Code Chapter 236 for Storm Water Management.
2. Provide a letter from the property owner stating that all exterior.lighting shall be
made consistent with Chapter 172 of the Town Code, as detailed in the March
12, 2020 Planning Board letter within a certain time-frame.
3. Please provide the items listed below on a minimum of five (5) revised Site Plans
including the seal stamp and signature of the NYS licensed professional
preparing the plan. Additional pages of the site plan may necessary in order to
provide clear, legible plans that effectively convey all necessary information.
Note: a draft electronic site plan (PDF) including the items listed below is
encouraged to be submitted to this Department prior to printing multiple copies of
the site plan for review efficiency.
Southold Town Planning Board Page 16 November 2, 2020
a. To achieve a separation and buffering of on-site business operations, the
installation of a fence along Kerwin Boulevard is required. The fence must
be oriented east and west from the northeast corner of the parcel for a
distance of 125 feet, excluding the existing curb cut. Please also provide
this on the site plan for reference.
b. List the following Best Management Practices (BMP's) to further protect
ground and surface waters:
i. Only the use of native, drought-tolerant plants in landscaping is
permitted;
ii. Only the use of organic fertilizers where the water-soluble nitrogen
is no more than 20% of the total nitrogen in the mixture is
permitted.
c. Provide at least six to eight 4'-5' tall Eastern Red Cedars along the east
property line abutting Kerwin Boulevard where there are gaps. This is to
replenish the missing cedar trees shown on the 2001 approved site plan
along Kerwin Boulevard to the corner of the existing fence.
d. Conditions (on-going);
i. The building shown as 'to be constructed in the future' will require
the site plan to be amended, reviewed and approved by the
Planning Board prior to receiving a building permit.
ii. To mitigate impacts to scenic qualities from the operation of on-site
businesses, the movement, parking, display, storage and sale of
boats or trailers, equipment and vehicles (including U-Haul) shall
be limited to within the parcel boundaries.
4. A use certification from the Chief Building Inspector as required by Town Code
§280-131(F)(1).
Pierce Raffery: Second.
Vice-Chairman Rich: Motion made by Mary, seconded by Pierce. Any discussion? All
in favor?
Ayes.
Opposed?
None.
Southold Town Planning Board Page 17 November 2, 2020
Motion carries.
Public Hearings Continued by Court Reporter Jessica DiLallo
PUBLIC HEARINGS � ,
Strong's Storage Buildings Draft Scope —This Site Plan is for the proposed
construction of two (2) buildings for boat storage, one at 52,500 sq. ft. and the other at
49,000 sq. ft., located on 32.6 acres in the MII and R-80 Zoning Districts where there
are 69,245 sq. ft. of existing boatyard buildings. The property is located at 3430 Mill
Road, Mattituck. SCTM#1000-106-6-13.4
Vice-Chairman Rich: Okay, with no other business, can I get a motion for
adjournment?
Pierce Rafferty: I'd like to make a motion for adjournment.
Mary Eisenstein: Second.
Vice-Chairman Rich: Motion made by Pierce, 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
I
1 TOWN OF SOUTHOLD PLANNING BOARD
COUNTY OF SUFFOLK: STATE OF NEW YORK
2 ------------------------------------------- X
3 TOWN OF SOUTHOLD
PLANNING BOARD
4
5 ------------------------------------------- X
6
7 (Via Videoconference)
8 November 2, 2020
6 : 01 P .M.
9
10
11 BOARD MEMBERS PRESENT :
12 JAMES H. RICH, III, Vice-Chairman
r 13 PIERCE RAFFERTY, Board Member
14 MARY EISENSTEIN, Board Member
15
16 HEATHER LANZA, Planning Director
17 MARK TERRY, Assistant Planning Director
18 BRIAN CUMMINGS, Planner
19
20
21 9
22
23
24
25
2
1
INDEX
2
3
NAME: PAGE :
4
5 Sarong' s Storage Buildings Draft Scope 3
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
November 2, 2020 Public Hearings 3
1 STRONG' S STORAGE BUILDINGS DRAFT
2 SCOPE
3 VICE-CHAIRMAN RICH: The next order of
4 business is a Public Hearing at 6 : 01 P .M.
5 It' s past, so we can go. ahead with it.
6 It ' s Strong' s Storage Buildings Draft
7 Scope . This Site Plan is for the proposed
8 construction of two buildings for boat
9 storage, one at 52, 500 square feet. And
10 the other at 49, 000 square feet . Located
11 on 32 . 6 acres in the MII and R-80 Zoning
12 Districts where there are 69, 245 square
13 feet of existing boatyard buildings . The
14 property is located at 3430 Mill Road,
15 Mattituck. SCTM41000-106-6-13 . 4 . And
16 there you have it on the map . Heather has
17 the pointer. We would ask if Mr. Cuddy is
18 there, if he would like to begin the
19 comments . And I also want to say -- let
20 Charles start.
21 MR. CUDDY: Good evening. I believe
22 I am here with several other people on
23 behalf of --
24 MS . LANZA: Can the Planning Board
25 hear Mr . Cuddy?
November 2, 2020 Public Hearings 4
1 VICE-CHAIRMAN RICH: Very difficult .
1
2 MEMBER RAFFERTY: No .
3 MR. CUDDY: Sorry. I was on the
4 side . I had said earlier, that I am here
5 with several people, who I believe will be
6 in this Zoom meeting. The Strong' s, Kim
7 Gennaro, who is our environmental expect .
8 Tom Wolpert from Young & Young. We ' re
9 prepared to proceed with the scoping of the
10 hearing. I know Kim has a few words . I
11 hope that she is here.
12 MS . GENNARO: I am here .
13 VICE-CHAIRMAN RICH: Charles, this is
1
14 Jim Rich, the Vice-Chairman and I am acting
15 Chairman tonight because Don is not
16 available . Before Kim gets started, we
17 want to just find out and make sure you' re
18 on board with us continuing this hearing
19 and postponing the date of it, to extend
20 the time of it for this scoping -- scope.
21 Some of the notifications were not properly
22 done .
23 MR. CUDDY: Yes .
24 VICE-CHAIRMAN RICH: Your cognizant
25 of that and you' re comfortable with it?
November 2, 2020 Public Hearings 5
1 MR. CUDDY: Yes . We ' re not overly
2 comfortable, but yes, we recognize it and
3 we accept it. Yes .
4 VICE-CHAIRMAN RICH: Now if Kim would
5 like to address the Board, we would
6 appreciate it .
7 MS . GENNARO: Okay. Good evening .
8 So the purpose of the meeting tonight is to
9 hear public comments on the draft scope,
10 which was submitted to the Board on
11 September 10th and includes the impact
12 issues to be addressed in the EIS . The
13 draft scope was prepared to address all of
14 the impact issues that was included in the
15 Pos Dec issued by the Planning Board on
16 August 10th. It ' s important to note that
17 the Positive Declaration is based not only
18 upon the applicants filings, but on
19 comments received during the public, during
20 the course that this application to date,
21 as well as the Town' s Planning Department ' s
22 assessment . Scoping as you know, is
23 mandatory in the State Environmental
24 Quality Review Act process . In order to
25 provide the opportunity for participation
November 2, 2020 Public Hearings 6
1 in the Environmental Impact Statement
2 process . Due to the long history with six
3 previous work sessions and a public meeting
4 in March, we think it ' s fair to say that
5 the positive declaration and the draft
6 scope both capture past comments of the
7 public and various agencies . However,
8 we' re here tonight to listen to any
9 additional comments for items to be
10 included or studies in the EIS . Very
11 briefly, the draft scope that was filed
12 with the Board and is showed here addresses
13 all of the impact issues in the positive
14 declaration that were proposed in the
15 following order and the outline that was
16 presented in this document . We will
17 evaluate the impact to soils and
18 topography. We will evaluate the impacts
19 to water resources including groundwater,
20 surface water and wetlands and flood
21 plains . We will evaluate the impacts to
22 ecological resources . We will evaluate the
23 transportation impacts . We will evaluate
24 the aesthetic resources and community
25 character . We will look at the air quality
November 2, 2020 Public Hearings 7
1 impacts and the construction related
2 impacts . The draft scope also includes
3 other required sections under SEQRA, as
4 well as alternatives, which are required.
5 So we' re here tonight to listen to any
6 additional comments for additional items
7 that should be studies in the EIS . Thank
8 you.
9 VICE-CHAIRMAN RICH: Thank you, Kim.
10 I would remind anybody addressing the
11 Planning Board -- this Town Planning Board,
12 that state your name clearly and address
13 because this is being recorded and we do
14 intend to respond to any comments .
15 Heather, do you want to bring in our next
16 speaker?
17 MS . LANZA: Yes, I will . I see
18 several hands raised and I will try and
19 bring them in as they raise their hand. So
20 the first person, Ann Pundike, I might not
21 say her name right but I am clicking,
22 allowed to talk.
23 MS . PUNDIKE: Thank you everyone for
24 this opportunity.
25 MS . LANZA: Could you please state
November 2, 2020 Public Hearings 8
1 your name and address, please, for our
1
2 record?
3 MS . PUNDIKE: Yes . Ann Pundike. My
4 address is 1185 West Mill Road. I am about
5 a quarter of a mile from the site. I have
6 a question. The property owner has hired a
7 consultant to do this environmental impact
8 study. It seems like there is a conflict
9 of interest. Could someone help me with
10 that?
11 VICE-CHAIRMAN RICH: Well, we don' t
12 have any knowledge of a conflict of
13 interest . If you have something that you
14 wish to tell the Town Planning Board about,
15 that is why we are here to listen?
16 MS . PUNDIKE : Well, I do have one
17 issue, which I raised in March which has to
18 -- generally speaking, this is a commercial
19 project . It ' s going to be set in the
20 middle of a residential neighborhood, which
21 is going to negatively impact the quality
22 of life and negatively impact quality
23 values for our homes in this neighborhood.
24 I am going to focus on one issue in
25 particular, which is the traffic that is
November 2, 2020 Public Hearings 9
1 going to be generated, not only during the
2 construction but also during the use of the
3 project. We, as a community, have
4 expressed in multiple ways that the speed
5 limit is not being enforced. There are
6 families with children who walk and bicycle
7 and push strollers and walk their dogs on
8 this road throughout the day. And it' s a
9 dangerous situation which has not been
10 addressed and I don' t see how having an
11 increase in not only the trucks that are
12 going to be used during the 13 months of
13 construction, but then throughout, once the
14 project is in place -- one of the notably
15 that are going to be speeding are the boat
16 trailers that go up and down this road. So
17 I know that there is mention of a traffic
18 study that is going to be done. I am
19 skeptical that this is going to be done
20 properly. And that it will be addressed
21 given my experience so far, having the
22 traffic issued addressed by the Town, which
23 isn' t to say that there are other aspects
24 that I object to . But I wanted to focus on
25 this very visible and dangerous aspect for
0
November 2, 2020 Public Hearings 10
1 our community.
2 VICE-CHAIRMAN RICH: Ann, thank you
3 very much for your comments . I just made a
4 comment about the traffic situation.
5 MS . PUNDIKE: Thank you.
6 MS . LANZA: Is that all, Ann?
7 MS . PUNDIKE : Yes . That is my
8 comment-
9 MS . LANZA: Next person is Steven
10 Boscola .
11 MR. BOSCOLA: Hi, it' s Steven
12 Boscola, 5106 West Mill Road. I live
13 directly behind Mattituck Inlet Marina
14 there. I just want to make sure you can
15 hear me okay?
16 MS . LANZA: Yes .
17 MR. BOSCOLA: I have a few points .
18 As part of the impact study, will there be
19 an assessment of the damage that could
20 happen to the homes immediately adjacent to
21 this property considering we have a pool
22 that is about 100 feet from where they want
23 to dig out? We' re concerned that that
24 would collapse our pool . It could cause
25 damage to the foundation of our home . I
November 2, 2020 Public Hearings II
1 was hoping that would be included in the
2 study_ Additionally, there has been
3 nothing done -- if you look where your
4 mouse is, just to the right of that, where
5 the prior owner was minding sand, nothing
6 has been done there to control the erosion
7 that has been going on there . So every
8 large rainfall that we have, we lose more
9 and more of that cliff. I just wanted to
10 see if anything is going to be plan to be
11 done about that while this is going on.
12 And lastly, on Saturday morning, October
13 17th, Strong' s was clearing land on this
14 property with a back-ho just west of where
15 your mouse is, in that wooded area. And I
16 am just curious if the property is subject
17 to an environmental review, would it make
18 sense that land clearing should be going on
19 the property at the moment or should that
20 cease until the study is complete?
21 VICE-CHAIRMAN RICH: I am not a
22 lawyer. Heather, do you have an opinion on
23 that?
24 MS . LANZA: Our Town Code requires a
25 building permit to be able to do land
November 2, 2020 Public Hearings 12
1 clearing. And typically during SEQRA Site
2 Plan, no clearing should take place .
3 MR. BOSCOLA: Well, clearing has
4 taken place . I wanted to make sure that
5 the Planning Department -- the Planning
6 Board is aware of that . That that has
7 happened. And that is all I have .
8 VICE-CHAIRMAN RICH: Thank you, Mr.
9 Boscola. Thank you.
10 MS . LANZA: Next is, Louise Harrison .
11 Louise, you should be able to unmute
12 yourself?
13 MS . HARRISON: Yes, I did. Mr .
14 Vice-Chair and members of the Planning
15 Board. My name is Louise Harrison. I live
16 in Peconic . If you need a mailing address,
17 it' s P.O. Box 214 in Peconic, 11958 . I
18 recently learned about this project and was
19 dismayed to come to understand the amount
20 of excavation ' that will be required and
21 removal of natural resources in our Town.
22 And I attempted over the weekend to
23 familiarize myself with the positive
24 declaration of significance and the maps,
25 the site plans, the topographic maps and
November 2, 2020 Public Hearings 13
1 other elements that were available online,
2 but I could not read them. I was
3 unfamiliar with the Laserfiche process . I
4 don' t find the Town' s website easy to use .
5 I have addressed the Town Planning Board in
6 the past but I had to navigate the online
7 records system. And I really could not do
8 it. I spent over an hour on Saturday to
9 try and be able to read documents and I was
10 not able to . And the weekend was my only
11 opportunity to work on this, as I work
12 full-time and as I had about 15 minutes
13 before this hearing and still was rather
14 stimied. So I apologize for my inability
15 to understand how things work on the Town' s
16 website, but I am appreciative that you are
17 extending the amount of time for this
18 hearing_ So that I might respond. I have
19 some deep concerns about what I at this
20 point understand about the project. It ' s
21 incomplete . My understanding of it is
22 incomplete . But I can say and I will be
23 saying again in my comments that although
24 the Town of Southold is blessed with forest
25 resources in and among its wetlands and
November 2, 2020 Public Hearings 14
1 wonderful farms, our native forest
2 resources are diminishing rapidly. And I
3 would like an impact statement to examine
4 the results of a loss of the native
5 resources on this site, in the context of
6 the overall native forest resources in our
7 Town. In other words, the cumulative
8 impact of destruction of additional forest
9 -- native forest resources in our Town. I
10 would also like to opine if you need to
11 remove hundreds of thousands of cubic yards
12 of sand, then you have the wrong site, in
13 order to put a large flat building. It
14 defies any amount of reason to take a hill
15 away to make a flat building of the size
16 and magnitude that I understand these
17 buildings will be made . It appears on the
18 surface as an excuse for a project to
19 remove highly valuable sand. I have been
20 involved in projects in the past where sand
21 removal was considered ancillary to a
22 project . Site grooming, site preparation
23 and the DEC does not consider it to be
24 mining. However, this rarely happens where
25 you don't have high quality sand that is
November 2, 2020 Public Hearings 15
1 highly valuable, where that resource ends
2 u - how to
p being - put it, a primary driver
3 for the project. There are types of sands
4 in certain hilly areas on the North Shore
5 of Long Island that are perfect capping
6 landfills . And the price per cubic yard is
7 very high and ends up paying for the rest
8 of the project. So the motivation is not
9 something that would necessarily be covered
10 in an environmental impact statement, but I
11 raise this as a citizen of the Town and I
12 would pause it that a better site can be
13 found for two large storage units, where
14 you don't have to take away a hill and
15 personal property and their right for
16 people to enjoy their homes, native forest
17 resources . Create a situation where large
18 vehicles hauling large boats will be coming
19 and going up and down narrow little roads
20 in residential and farm areas . It seems
21 like the wrong site . So I have gone on
22 long enough. I would very much like to see
23 the positive declaration of significance in
24 a readable form. I want to go over the
25 site plan. I have over four years of
November 2, 2020 Public Hearings
16
1 experience in reviewing environmental
2 impact statements . I am an environmental
3 professional who ' s entire career has been
4 on Long Island. And I need some time to do
5 that. And I appreciate your patient with
6. me tonight and I hope that I will be able
7 to look at these documents going forward
8 and have some time to review them before I
9 respond.
10 VICE-CHAIRMAN RICH: Thank you for
11 your input, Ms . Harrison. I think if you
12 call -- they' re closed tomorrow because of
13 Election Day but if you call the Planning
14 Department staff, they may be able to guide
15 you through some of your questions on using
16 some of the resources that are available on
17 the Town' s website. And the phone number
18 is 631-765-1938 . They' re closed tomorrow
19 for Election Day.
20 MS . HARRISON: I understand. Thank
21 you, Mr . Rich. I would like to suggest
22 that the Planning Board put clear and
23 explicit instructions up for citizens . So
24 that they might easily more participate in
25 the process . It ' s not that the Town' s
November 2, 2020 Public Hearings 17
1 website isn' t rich with resources, it ' s
2 just hard to understand how to navigate
3 through them. So I would think that
4 anybody should be able to arrive at the
5 website and read some instructions and be
6 able to find their way through. So if
7 there instructions are there, I didn' t find
8 them either. I am not saying they' re not
9 there. I am not a person who is not web
10 savvy. So it ' s not as though I am a newbie
11 using computers . I am just asking for
12 something easier to use. So that we can
13 all participate . I don' t think that
14 anybody should go through the frustration
15 that I went through on Saturday on my day
16 off, trying to do the work that I have been
17 doing for decades .
18 VICE-CHAIRMAN RICH: Thank you.
19 Thank you for that input also . Next
20 person, Heather?
21 MS . LANZA: The next person os Laurie
22 Panerello .
23 MS . PANARELLO: Thank you. I just
24 really want to go on record here . I
25 listened to what everybody had to say and
November 2, 2020 Public Hearings 18
1 they have made more than valid points about
2 every aspect of this project. I would just
3 like to go on record by saying, I also was
4 part of this campaign that we have here . I
5 live at 1065 West Mill Road and we have
6 been talking to every neighbor from Cox
7 Neck, West Mill to discuss traffic, traffic
8 patterns, the speeding cars that come down
9 this road. Every single person that I
10 spoke to complained about not being able to
11 walk outside their houses anymore because
12 in fearful of coming down the block in
13 their driveways and fearful -- their cars
14 being hit. Not being able to jog or just
15 stroll with a dog or a child. Not to
16 mention what it will do to the neighborhood
17 and the waterways and the environment. I
18 think the only winner here is Strong' s . I
19 think project diminishes our peaceful way
20 of life and it takes away any chance we
21 have of being profitable in our houses . I
22 had a couple of real estate agents come by
23 just to get an idea of where we are now
24 based on this project, and every one of
25 them told me that our property values would
November 2, 2020 Public Hearings 19
1 be diminished. So again, I wanted to just
2 go on record here, that I am against this
3 project. And I want to just say that the
4 only people will be winners here would be
5 Strong' s . Thank you.
6 VICE-CHAIRMAN RICH: Okay. Thank
7 you.
8 MS . LANZA: Okay. The next person is
9 Eric Bressler.
10 MR. BRESSLER: Thank you, Heather .
11 Good evening, Members of the Board, staff .
12 I am here tonight on behalf of Jim Newman.
13 My name is Eric Bressler . I am associated
14 with the firm Wickham, Bressler and Geasa.
15 We are lawyers in Mattituck. As you know,
16 I have spoken on behalf of our client
17 earlier in the first Public Hearing on this
18 matter. I am here tonight to speak
19 specifically to the issue which is before
20 the Board, that is to say the scoping the
21 document. I will reserve my other comments
22 as to other aspects of the project to an
23 appropriate time. Turning to the scoping
24 document, I think the most significant
25 problem with a scoping document is found on
November 2, 2020 Public Hearings 20
1 Page 12 , in the section entitled
2 "Alternatives . " As the Board is aware, it
3 is necessary in the scoping document and
4 indeed the statement itself, to address
5 alternatives to the document. The problem
6 with the scoping document here (inaudible)
7 that were set forth in the proposed scoping
8 document that were no action and
9 alternative material removal plan. It ' s
10 evident from even a cursory review of the
11 project, that there are other alternatives
12 that should and must be considered in both
13 the scoping document and the impact
4
14 statement. The project itself consist
15 principally of two large buildings . Thus
16 the first issue that immediately comes to
17 mind when speaking of alternatives is, is
18 there something less than two buildings
19 that can be considered and the answer is
20 plainly yes . One building can be
21 considered (inaudible) alternatives or any
22 other alternative with respect to the size
23 of the project itself, was set forth other
24 than, no action. That is a fatal flaw in
4 25 the proposed document and it should be
November 2, 2020 Public Hearings 21
1 amended that all reasonable and
2 alternatives be considered so that the
3 Board can weigh this . And ask is it 100 or
4 is it 0 . Environmental reviews are not
5 like that. Sometimes they are incremental
6 in nature. So my comments tonight are,
7 that document should be amended and it
8 should reflect the fact that this is
9 sliding scale with many different
10 alternatives with the two just set forth.
11 Thank you for your attention.
12 VICE-CHAIRMAN RICH: Thank you, Eric .
13 MS . LANZA: Okay. There is another
14 person waiting to talk. I just see the
15 name, Ed. So Ed, I am allowing you to talk.
16 If you can state your name and address, and
17 unmute --
18 ED: Hi . My name is Ed (inaudible)
19 and I live on North Drive and I have been
20 here for a long time. You know, my big
21 concern in talking to everybody, Bay View
22 and North, asides from the traffic is this
23 big retaining wall on the south side and
24 what it ' s going to do to our water . We ' re
25 all well water up here . You know, I looked
November 2, 2020 Public Hearings 22
1 at the specs and I was like, wow. What is
2 going to happen when we don' t have well
3 water. It ' s been a big concern for
4 everybody on North Drive . I am here nor
5 there with the project . I, you know, well
6 water and the noise, and the (inaudible)
7 those are my concerns . Those are two --
8 they are two . They are the size of
9 football fields in my backyard. So I am
10 concerned about the impact, the water and
11 also concerned about the noise and the
12 HVAC . And what was the capacity for the
13 propane to heat those places . That ' s my
14 issues .
15 VICE-CHAIRMAN RICH: Thank you for
16 your comments . Next, Heather?
17 MS . LANZA: Next we have, Mr. Newman.
18 MR. NEWMAN: Hi . It' s Jim Newman,
19 750 East Road. My property is the 25 acres
20 directly across from Strong' s Yacht Center.
21 We spoke last time about the ecological
22 concerns . Attorney Bressler has covered
23 some of the more legal aspects of the plan.
24 What my concern is, that this study draws
25 down on the ecological concerns . Those are
November 2, 2020 Public Hearings 23
1 centered around the health of the inlet,
2 including the waterway. The inlet itself
3 has declined for many years, as you can
4 kind of see from my wetlands pictures . The
5 wetlands have been dying off. Increase boat
6 traffic has not helped that. There was an
7 assertion that, Strong ' s Marina had no
8 impact whatsoever on the waterway. I
9 myself as a boater, understand that is not
10 possible to be the case . And I hope that
11 the study itself really drills down on the
12 impact on the waterway and the aesthetics
13 as mentioned previously. I also have
14 concerns about noise pollution and about
15 the scope of commercial operations on the
16 inlet, relative to residential activities,
17 which should all be included -- on the
18 topics on the studies that seem to address
19 that . It seems that these two properties
20 are now taking over the inlet, if you will.
21 And depriving us of clean waterways and
22 peaceful enjoyment of our property. Thank
23 you.
24 VICE-CHAIRMAN RICH: Thank you, Mr .
25 Newman.
November 2, 2020 Public Hearings 24
1 MS . LANZA: There is nobody else with
2 their hand raised at the moment.
3 NICE-CHAIRMAN RICH: So we should ask
4 Kim of Charles, if they want to briefly
5 respond to the Planning Board on any of
6 these comments that we have heard about.
7 Again, this is a hearing on a scoping.
8 It' s not a hearing on overall project. And
9 your comments are to be addressed to the
10 Planning Board. But if you have any
11 rebuttal to the Planning Board, initially,
12 we -- I guess would like to hear it .
13 MS . LANZA: You need to raise your
14 hands, Charles or Kim, if you would like to
15 speak. Here is Charles .
16 MR. CUDDY: I think we heard all of
17 the comments and I don' t think we' re at a
18 point where we ' re going to have a contest
19 with them. We understand what they said
20 and I think will appropriately address it
21 in the coming days . So thank you for the
22 opportunity to hear the concerns .
23 VICE-CHAIRMAN RICH: Thank you,
24 Charles .
25 MS . LANZA: Kim has her hand raised.
November 2, 2020 Public Hearings 25
1 I will allow to talk for Kim Gennaro .
2 MS . GENNARO: Hi. I actually was
3 going to say the same thing as Charles . I
4 just go on further, that the draft scope
5 was submitted and final scope will be
6 issued by the Board on December 7th. I
7 think most of the concerns and comments for
8 tonight are going to be included in the
9 document. If there is anything additional,
10 we will look forward to it in the December
11 7th final scope . Thank you.
12 MS . LANZA: Now we have a couple of
13 hands raised. Here is Ellen Krackow.
14 MR. DORF: Hi. This is Ellen' s
15 husband. I am using my wife ' s --
16 MS . LANZA: Could you please state
17 your name and address?
18 MR. DORF: Yes . It ' s Eric and we ' re
19 on 620 North Drive . Neighbor ' s with Ed.
20 MS . LANZA: How do you spell your
21 last name?
22 MR. DORF: D-0-R-F.
23 MS . LANZA: Thank you.
24 MR. DORF: And I am still for --
25 trying to figure out my feelings about what
November 2, 2020 Public Hearings 26
1 is going on over there with the proposed
2 development but one of the points that I
3 heard raised tonight, I just want to echo
4 it, which is, what will be the impact on
5 the well water? If it does impact it, it
6 essentially renders our homes uninhabitable
7 because we ' re all on well water. So that
8 needs to be considered and addressed. And
9 I just don' t know the answer to it. It ' s
10 the one particular thing that I heard and
11 was salient to me. I said, wait a sec. And
12 I am concerned about the noise. And I
13 would like those concerns addressed and
14 noise that the possibly the propane heaters
15 will possibly generate . We ' re just a
16 couple of docks down. I would like to hear
17 how these issues of the well water and
18 noise be addressed. That ' s all_
19 VICE-CHAIRMAN RICH: It ' s something
20 that it will be in the scope report. Thank
21 you.
22 MS . LANZA: Now we have Louise
23 Harrison who would like to talk one more
24 time . I have unmuted her .
25 MS . HARRISON: Thank you . Thank you
November 2, 2020 Public Hearings 27
1 for your forbearance . When any time we
2 lose forest resources like this manner,
3 when you' re cutting into a hill and putting
4 up a retaining wall in its place to hold
5 back the slope that remains and you will
6 undoubtedly have outdoor nighttime
7 lighting. You have done more than just
8 remove "X" number of acres of forest. You
9 have made an encouragement into the middle
10 of the forest and you have made what, used
11 the edge of the forest . And edges of
12 forest are much different places
13 ecologically than the centers of the
14 forest. The edges of forest suffer
15 additional wind, additional light, effects
16 of wind and light and the species that used
17 to live in the forest no longer form moist
18 areas they used to have. So it ' s not just
19 a numbers game . They' re actually
20 transforming of forest resource into an
21 edge of a forest . You have a preserve near
22 by that is contiguous that the Town has .
23 These are considerations that you need to
24 have . And again, I will spend more time
25 looking at this, but I thought that I
November 2, 2020 Public Hearings 28
1 wanted to say that to you out loud.
2 Something for you to consider as you go
3 forward. That you' re really transforming a
4 block of forest into a sliver and making
5 the edge into a sliver that something that
6 never was . And it will have continuing
7 impacts over time with additional lights .
8 The loss of species that were lost in the
9 core area of the forest. Something that
10 you may not have heard and a thing to
11 consider and negotiate a higher retaining
12 wall . So thank you for listening to that .
13 And might I know how much time I would have
14 when the hearing will be closed on this
15 scoping? So how much time I would have to
16 look over the documents?
17 VICE-CHAIRMAN RICH: I think if you
18 can get a copy of it, you can look at it
19 and by Wednesday morning, they can help
20 you. But we' re probably going to close
21 this phase and it -- this will not be the
22 last hearing, but I believe legally this
23 phase, we have about time to wrap it up and
24 we ' re going to try and wrap it up on
25 December 7th hearing. Just this phase .
November 2, 2020 Public Hearings 29
1 The scope of the environmental impact
r
2 statement. It' s not a hearing on the whole
3 project --
4 MS . HARRISON: I understand that . I
5 want to know when the hearing on the scope
6 is closed? I only have weekends that I can
7 look at this . So I am just wondering.
8 VICE-CHAIRMAN RICH: It will be
9 closed on December 7th.
10 MR. TERRY: Mr Chair, I would like to
11 ask that staff will have comments to
12 discuss on November 16th with the Planning
13 Board.
14 VICE-CHAIRMAN RICH: Thank you, Mark.
15 That will be at our Planning Work Session?
16 MR. TERRY: Correct .
17 VICE-CHAIRMAN RICH: Which is open to
18 the public but not for comment; right?
19 MR. TERRY: Correct .
20 VICE-CHAIRMAN RICH: Thank you, Mark.
21 MS . LANZA: There are no more hands
22 raised.
23 VICE-CHAIRMAN RICH: If there are no
2.4 more hands raised, can I get a motion to
25 continue this hearing on December 7th but
November 2, 2020 Public Hearings 30
1 close -- but end the public meeting for
2 tonight? Is that properly worded?
3 MS . LANZA: Vice-Chairman, will you
4 be taken written comments during that time?
5 VICE-CHAIRMAN RICH: I think we
6 absolutely should, but Mary, Pierce, do you
7 agree with that?
8 MEMBER RAFFERTY: I do, yes .
9 VICE-CHAIRMAN RICH: Mary, do you
10 agree with that?
11 MEMBER EISENSTEIN: Definitely.
12 VICE-CHAIRMAN RICH: Absolutely. I
13 am sorry that was not clear, Heather .
14 MEMBER RAFFERTY: I can make two
15 motions . One that we close tonight ' s
16 hearing and the other that we ' re --
17 VICE-CHAIRMAN RICH: To be clear, the
18 motion, I think, Pierce you' re trying to
19 make is end this meeting tonight but leave
20 this particular hearing open until December
21 7th for one more part of it and also accept
22 written comments between now and then?
23 MEMBER RAFFERTY: Yes . I meant to
24 say, "meeting. " To close the meeting for
25 tonight .
November 2, 2020 Public Hearings 31
1 VICE-CHAIRMAN RICH: Perfect. Mary,
2 do you second?
3 MEMBER EISENSTEIN: I second that .
4 Yes .
5 VICE-CHAIRMAN RICH: All in favor?
6 MEMBER EISENSTEIN: Aye .
7 MEMBER RAFFERTY: Aye .
8 VICE-CHAIRMAN RICH: Aye .
9 Motion carries, 3-0.
10
11 (Conclusion of Public Hearings . )
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November 2, 2020 Public Hearings 32
1 C E R T I F I C A T I O N
2
3
4 I, JESSICA DILALLO, a Court Reporter
5 and Notary Public, for and within the State
6 of New York, do hereby certify:
7 THAT the above and foregoing contains a
8 true and correct transcription of the
9 Public Hearing' s held on November 2, 2020,
10 via videoconference, and were transcribed by
11 me .
12 I further certify that I am not
13 related to any of the parties to this
14 action by blood or by marriage and that I
15 am in no way interested in the outcome of
16 this matter.
17 IN WITNESS WHEREOF, I have
18 hereunto set my hand this 26th day of
19 November, 2020 .
20 RECEIVED
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23 Southold Town Clerk
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