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HomeMy WebLinkAboutPB-10/05/2020 OFFICE LOCATION: MAILING ADDRESS: Town Hall Annex q so P.O.Box 1179 54375 State Route 25 O�� jyO1 Southold,NY 11971 (cor.Main Rd. &Youngs Ave.) Q Southold NY Telephone: 631765-1938 www.s outholdtownny.gov Cou�rr,��' PLANNING BOARD OFFICE RECQVED TOWN OF SOUTHOLD p M AL2 12022 PUBLIC MEETING MINUTES ® er October 5, 2020 6:00 p.m. Present were: Donald Wilcenski, Chairman James H. Rich III, Vice-Chairman Pierce Rafferty, Member Mary Eisenstein, Member Martin-Sidor, Member. Heather Lanza, Planning Director Mark Terry, Assistant Planning Director Brian Cummings, Planner Jessica Michaelis, Office Assistant Chairman Wilcenski: Good Evening and welcome to the scheduled Public Meeting for Monday, August 10, 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. ; SETTING ,OF THE NEXT PLANNING BOARD MEETING Chairman Wilcenski: The first order of business is to set Monday, November 2, 2020 at 6:00 p.m. as the time for the next regular Planning Board Meeting. James H. Rich III: I make a motion. Southold Town Planning Board Page 12 October 5, 2020 Pierce Rafferty: Second. Chairman Wilcenski: Motion made by Jim, seconded by Pierce. Any.discussion? All in favor? Ayes. Opposed? None. Motion carries. SUBDIVISIONAPPLICATIONS w.,. Conditional Sketch Plat Determination: Chairman Wilcenski: 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 and HB Zoning Districts. The property is located at 935 Franklinville Road, Laurel. SCTM#1000-125-2-2.2 Pierce Rafferty: Mr. Chairman, I offer the following: 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 Southold Town Planning Board Page 13 October 5, 2020 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, due to there being only one lot being created, the Planning Board agreed that the'following items in the Sketch Plan Application were not required to be submitted: • Yield Plan Existing Resources Site Analysis Plan • Primary & Secondary Conservation Areas Plan; and WHEREAS, on September 28, 2020, the Planning Board, at their Work Session, reviewed the submitted map and found that all requirements, except those that have .been waived as described above, have been met pursuant to Article V Sketch Plat; be it therefore RESOLVED, that the Southold Town Planning. Board hereby grants Conditional Sketch Plat Approval upon the map prepared by Young & Young, entitled "Subdivision, Joseph Lebkuecher, III & Katerine Lebkuecher, dated February, 5, 2018 and last revised July 29, 2018, with the following conditions: 1. Submit a copy of the property deed; 2. Submit the proof of Lot Recognition; 3. Submit a copy of the access easement for the existing house over the adjacent property; 4. -Submit all Preliminary Plat application requirements pursuant to §240-16 Submission and §240-17 Technical Requirement of the Southold Town Code; 5. To defer the cluster/open space requirement for lots 7 acres or greater, a covenant will be imposed on Lot 2 that if it is subdivided in the future, any required open space calculations shall include the acreage of Lot 1; 6. A covenant will be imposed on Lot 1 that will prevent its future subdivision, but will allow minor lot line changes. 7. The Preliminary Plat must show the following: a. Entitle the map: "Preliminary Plat, Standard Subdivision of Lebkeucher". James H. Rich III: Second. Chairman Wilcenski: Motion made by Pierce, seconded by Jim. Any discussion? All in favor? Southold Town Planning Board Page 14 October 5, 2020 Ayes. Opposed? None. Motion carries. Extension of Time to Render Preliminary Plat Determination: Chairman Wilcenski: Harold R. Reeve & Sons, Inc. —This proposal is for a Standard Subdivision of a 5.1 acre split-zoned parcel into 4 lots where Lots 1-3 equal 1 acre each in the R-40 Zoning District and Lot 4 equals 1.8 acres located in both the R-40 and LB Zoning Districts. The property is located at 1605 Wickham Avenue, on the n/s/o County Road 48, approximately 190' w/o Wickham Avenue, in Mattituck. SCTM#1000-140-1-6 James H. Rich III: WHEREAS, this proposal is for a Standard Subdivision of a 5.1 acre split-zoned parcel into 4 lots where Lots 1-3-equal 1 acre each in the R-40 Zoning District and Lot 4 equals 1.8 acres located in both the R-40 and LB Zoning Districts; and WHEREAS, on August 5, 2019 the Southold Town Planning Board granted Conditional Preliminary Plat Approval upon the map prepared by Howard W. Young, Land Surveyor, entitled "Subdivision Map of Harold R. Reeve and Sons, Inc.", dated January 8, 2015 and last revised May 24, 2019 and approval on the Preliminary Road and Drainage Plans last revised May 24, 2019; and WHEREAS, on February 10, 2020, a Final Plat Public Hearing was held and closed; and WHEREAS, the Southold Planning Board, pursuant to the Southold Town Code, has 62 days to render a Final Plat Determination after the Final Plat Public Hearing is closed unless a mutual agreement is reached; and WHEREAS, due to the COVID-19 Pandemic and Town of Southold State of Emergency in response to the pandemic, the 62-day timeframe expired on April 12, 2020, and WHEREAS, Southold Planning Board and the applicant have mutually agreed to extend the timeframe to render a Final Plat determination from April 5, 2021 to October 5, 2021; therefore be it RESOLVED, that the timeframe to render a decision on the Final Plat is hereby mutually extended from April 6 2021 to October 5, 2021. Southold Town Planning Board Page 15 October 5, 2020 Martin Sidor: Second. Chairman Wilcenski: Motion made by Jim, seconded by Marty. Any discussion? All in favor? Ayes. Opposed? None. Motion carries. Conditional Final Plat Determinations: Chairman Wilcenski: Zupa & Paradise Point HOA Resubdivision —This resubdivision proposes to transfer 5,240 sq. ft. from SCTM#1000-81.-1-16.7, the residential parcel, to SCTM#1000-81.-3-29, the road parcel, in order to provide one contiguous common access to the docks owned by the Paradise Point Association. As a result of this re-subdivision, SCTM#1000-81.-1-16.7 will decrease from 75,533 sq. ft. to 70,293 sq. ft., and SCTM#1000-81.-3-29 will increase from 20,512 sq. ft. to 25,752 sq. ft. The Zoning Board of Appeal approved of the undersized lot area in variance File: 7186. T'he properties are located on Basin Road, +/- 500 ft. west of Paradise Point Road, ithe R-80 Zoning District, Southold. Martin Sidor: WHEREAS, on February 10, 2020 at their work session, the Planning Board classified the action under SEQRA as a Type II action, found the action exempt from review under the Local Waterfront Revitalization Program, and waived many provisions of the subdivision review process, and set the public hearing for April 6, 2020; and WHEREAS, on March 11, 2020, the application was referred to the Suffolk County Planning Commission for review; and WHEREAS, on March 17, 2020 the Covid-19 pandemic caused a state of emergency and Town offices were closed to non-essential workers until May, 2020, thus cancelling the scheduled public hearing in April; and WHEREAS, on April 7, 2020, the Suffolk County Planning Commission responded that the application is a matter for local determination; and WHEREAS, in July, 2020, the Planning Board rescheduled the public hearing for this application for August 10, 2020; and WHEREAS, on August 10, 2020, the public hearing was held and closed; and Southold Town Planning Board P a ge 16 October 5, 2020 WHEREAS, on September.24, 2020 at their work session, the Planning Board reviewed the application for a determination, and found that the proposed action meets all the necessary requirements of Town Code §240-57 for a re-subdivision application; therefore be it RESOLVED, that the Southold Town Planning Board grants Conditional Final Plat Approval upon the map entitled "Modification Plat, Paradise Point Association, Inc.", prepared by Young and Young, dated February 21, 2018, last revised July 9, 2019, with the following conditions: Conditions 1. Approval of the Suffolk County Department of Health Services; 2. Submit 5 paper copies of the Final Plat showing only the lot lines as they will exist after Final Approval of the application; 3. Submit a draft deed to be reviewed and approved by the Planning Board, and including the following: a. "The Southold Town Planning Board approved this resubdivision by resolution on (Date of Final Plat Approval). b. Schedules: Legal descriptions of the new lots to be created, including the area to be transferred (ensuring the deed's legal description of the area to be transferred merges it with the Basin Road parcel rather than creating a separate parcel) Mary Eisenstein: Second. Chairman Wilcenski: Motion made by Martin, seconded by Mary. Any discussion? All in favor? Ayes. Opposed? None. Motion carries. Southold Town Planning Board Page 17 October 5, 2020 Chairman Wilcenski: Baxter, William J., Jr.,-This proposal is a Standard Subdivision of a 2.38 acre parcel into 4 lots where Lot 1 = 0.62 acres, Lot 2 = 0.63 acres, Lot 3 = 0.62 acres and Lot 4 = 0.52 acres, in the Hamlet Business Zoning District. The property is located at 260 Griffing Street, on the northeast side of Griffing Street, approximately 402' west of the Main Road, in Cutchogue. SCTM#1000-102-5-9.4 Mary Eisenstein: WHEREAS, this proposed Standard Subdivision is to subdivide a 2.38 acre parcel into 4 lots where Lot 1 equals 0.62 acres, Lot 2 equals 0.63 acres, Lot 3 equals 0.62 acres and Lot.4 equals 0.52 acre; and WHEREAS, on September 11, 2017, the Planning Board granted Preliminary Plat Approval upon the map prepared by Nathan Taft Corwin, III, Land Surveyor, entitled "Final Plat Subdivision for William J. Baxter, Jr. situated at Cutchogue," dated September 17, 1998 and last revised November 22, 2015; and WHEREAS, on March 5, 2018, an incomplete Final Plat application was submitted; and WHEREAS, on August 5, 2020, a new agent for the applicant, Charles Cuddy, submitted a new Final Plat application; and WHEREAS, at their work session on August 24, 2020, the Planning Board found the Final Plat application complete and deemed the Final Plat in substantial agreement with the approved Preliminary Plat, therefore no Final Plat public hearing was required; and WHEREAS, at their work session on September 28, 2020, the Planning Board reviewed the Final Plat application and found it ready for a decision with certain conditions listed below; and WHEREAS the Planning Board has found that the Final Plat application is in compliance with the requirements of§240 Subdivision of land, of the Town Code; therefore be it RESOLVED, that the Southold Town Planning Board grants Conditional Final Plat Approval upon the map entitled, "Final Plat Subdivision for William J. Baxter, Jr. situated at Cutchogue," dated September 17, 1998 and last revised June 16, 2020 with the following conditions: 1. Obtain a revised approval from the Suffolk County Department of Health Services (SCDHS). 2. Amend the covenant from the SCDHS: Southold Town Planning Board Page 18 October 5, 2020 The SCDHS Board of Review decision from 9/8/1992 imposed a covenant in Liber 11742, Page 743, that this site cannot be used for residential use. This was due to the lack of public water at the site. The covenant needs to be amended to reflect the availability of public water. Remove the second item #6 under Notes on the Final Plat. 3. Submit a Draft Bond Estimate for the Final Sidewalk Plan including street trees. 4. Submit the bond after the estimate has been accepted by resolution of the Planning Board and the Town Board. 5. Submit the Administration Fee in the amount of$8,000 or 6% of the performance bond estimate, whichever is greater, pursuant to Southold Town Code §240-37. 6. Submit the Park & Playground fee of$21,000, pursuant to §240-53 G of the Southold Town Code, pursuant to the finding made by the Planning Board in their September 11, 2017 resolution. 7. File the covenants and restrictions after the Planning Board has reviewed a draft and found them acceptable. 8. Final Plat Revisions: a. Show the sidewalk extending along the entire length of Griffing Street and Schoolhouse Road. b. Move the sidewalk construction details from the Final Plat to the Final Sidewalk Plan. c. Add a notation to the `Fire Well' to indicate that a fire hydrant will replace the fire well after the public water main is extended down Griffing Street. d. Correct any legibility issues (mask or move text and numbers where they are intersected by lines or symbols). e. Clarify the water main extension and whether it will extend the entire length of Griffing Street. f. Remove the apron and driveway details on the two driveway locations. g. Indicate with a note and arrow the approximate location of the two future driveway locations to be determined during Planning Board site plan review. "Future driveway location for ingress and egress to all lots in this subdivision". Southold Town Planning Board Page 19 October 5, 2020 9. Submit a Final Sidewalk Plan that is separate from the Final Plat to include the following: a. Show the sidewalk extending along the entire length of Griffing Street and Schoolhouse Road. b. Construction details for an ADA compliant sidewalk which includes an ADA compliant access ramp at both ends. c. The location of and details for all erosion and sediment controls including, but not limited to, the construction entrance, perimeter silt fencing, concrete washout area and soil stockpile areas. (Note: this is only needed for the sidewalk construction). d. Remove the apron and driveway details for the two driveway locations. e. Indicate with a note and arrow the approximate location of the two future driveway locations: "Approximate future driveway location for ingress and egress to all lots in this subdivision". f. Street Trees — identify the species proposed to be planted. 10.Submit 12 paper copies & 4 Mylars of the Final Plat to include the following: • A stamp of approval from the Suffolk County Department of Health Services. • Reference the Liber & Page of the filed covenants and restrictions. Pierce Rafferty: Second. Chairman Wilcenski: Motion made by Mary, seconded by Pierce. Any discussion? All in favor? Ayes. Opposed? None. Motion carries. Final Plat Determination: Chairman Wilcenski: Duffy Standard Subdivision —This proposal is for a Standard Subdivision of a 3.02 acre parcel into two lots, where Lot 1 is 1.69 acres and Lot 2 is 1.33 acres in the R-40 Zoning District. This parcel is located on the west side of the Southold Town Planning Board Page 110 October 5, 2020 intersection of Little Peconic Bay Road and Wunneweta Road, Nassau Point, Cutchogue. SCTM#1000-111-11-26.1 Pierce Rafferty: WHEREAS, this proposal is for a Standard Subdivision of a 3.02 acre parcel into two lots, where Lot 1 is 1.69 acres and Lot 2 is 1.33 acres, located at 3360 Wunneweta Road, on the northwest side of the intersection of Little Peconic Bay Road and Wunneweta Road, in the R-40 Zoning; and WHEREAS, on July 9, 2018, the Planning Board granted a Conditional Sketch Plan Approval upon the application; and WHEREAS, on October 26, 2018, the applicant submitted a Preliminary Plat application and fee; and WHEREAS, on November 5, 2018, the Planning Board found the Preliminary Plat application complete at their work session; and WHEREAS, on January 14, 2019, the Public Hearing was held and closed; and WHEREAS, on January 15, 2019, the Suffolk County Planning Commission responded WHEREAS, on March 11, 2019, at their work session, the Planning Board reviewed the Public.Hearing comments and the comments returned from the applicable and involved agencies in which the application was referred to for comment, and all applicable comments were incorporated into the application to the satisfaction of the Planning Board; and WHEREAS, on March 11, 2019, at their Public Meeting, the Southold Town Planning Board, as Lead Agency pursuant to SEQRA, made a determination of non-significance for the proposed action and granted a Negative Declaration; and WHEREAS, on May 6, 2019, the Planning Board from .this application consistent with the policies of the LWRP; and WHEREAS, on May 6, 2019, the Planning Board granted a Conditional Preliminary Plat Approval upon the application; and WHEREAS, on June 26, 2019, the applicant submitted a draft Final Plat for review; and WHEREAS, on September 6, 2019, the applicant submitted a Final Plat application fee, and prematurely submitted the Park & Playground fee of$6,750, and the administration fee of$4,000; and WHEREAS, on September 9, 2019, the Planning Board found the Final Plat application complete; and Southold Town Planning Board Page 111 October 5, 2020 WHEREAS, on November 4, 2019, at their work session, the Planning Board waived the requirement for a Final Plat public hearing due to the Final Plat being in substantial agreement with the Preliminary Plat; and WHEREAS, on November 4, 2019, the Planning Board granted a Conditional Final Plat Approval upon the application; and WHEREAS, on December 5, 2019, the applicant's agent submitted proof of filing of the covenants and restrictions under Liber D00013035, Page 661 and also submitted the required missing portion of the Park & Playground Fee of$250; and WHEREAS, on August 14, 2020, the applicant's agent submitted the required number of paper and mylar Final Plats including the approval stamp of the Suffolk County Department of Health Services; and WHEREAS, on October 2, 2020, the applicant's agent provided proof that the concrete boundary monuments have all been installed as shown on the Final Plat; and WHEREAS, all the conditions of Conditional Final Plat Approval have been met; be it therefore RESOLVED, that the Southold Town Planning Board hereby grants Final Plat Approval upon the map entitled, "Final Plat for Duffy Standard Subdivision," prepared by Kenneth Woychuk, Land Surveyor, dated August 1, 2015, and last revised October 5, 2019, and authorizes the Chairman to endorse the map. James H. Rich III: Second. Chairman Wilcenski: Motion made by Pierce, seconded by Jim. Any discussion? All in favor? Ayes. Opposed? None. Motion carries. STATE-ENVIRONMENTAL QUALITY REVIEW ACT DEIS/Determination of Adequacy & Set Hearing: Chairman Wilcenski: The Orchards Standard Subdivision - This proposal is for a Clustered Standard Subdivision to subdivide a 13.3 acre parcel into five lots where Lot Southold Town Planning Board Page 112 October 5, 2020 1 = 9.33 acres including a 1.35 acre building envelope and 7.98 acres of preserved Open Space, Lot 2 = 0.99 acres, Lot 3 = 1.14 acres, Lot 4 = 0.92 and Lot 5 = 0.92 acres in the R-80 Zoning District. The property is located at 2595 Orchard Street, on the northeast side of Orchard Street, approximately 17' northwest of Platt Road, in Orient. SCTM#.1000-27-1-3 James H. Rich III: WHEREAS, this proposal is for a Clustered Standard Subdivision to subdivide a 13.3 acre parcel into five lots where Lot 1 = 9.33 acres including a 1.35 acre building envelope and 7.98 acres of preserved Open Space, Lot 2 = 0.99 acres, Lot 3 = 1.14 acres, Lot 4 = 0.92 and Lot 5 = 0.92 acres in the R-80 Zoning District; and WHEREAS, the Southold Town Planning Board, pursuant to State Environmental Quality Review (SEAR) 6 NYCRR, Part 617, has determined that the proposed action is an Unlisted Action; and WHEREAS, the Planning Board, as Lead Agency, performed a coordinated review of this Unlisted Action pursuant to 6 NYCRR Part 617, Section 617.7 of the State Environmental Quality Review Act (SEQRA); and WHEREAS on July 6, 2015 the Planning Board declared Lead Agency status and that Type I procedures would be used for the review of this Unlisted Action due to the Lead Agency determination that there are potential adverse impacts regarding a sensitive resource within its jurisdiction and the Type I procedures would be more helpful; and WHEREAS on July 6, 2015 the Southold Town Planning Board, pursuant to SEQRA, issued a Positive Declaration; and WHEREAS, on August 24, 2020 the applicant submitted a Draft Environmental Impact Statement which has been reviewed; and WHEREAS, on September 28, 2020 the Southold Town Planning Board, as Lead Agency, found that the "Draft Environmental Impact Statement for Subdivision Approval The Orchards" dated August 2020 as adequate for public review; therefore be it RESOLVED, that the Southold Town Planning Board, pursuant to the State Environmental Quality Review Act, hereby finds the "Draft Environmental Impact Statement for Subdivision Approval The Orchards" dated August 2020, adequate for public review and comment. Martin Sidor: Second. Chairman Wilcenski: Motion made by Jim, seconded by Martin. Any discussion? All in favor? Southold Town Planning Board Page 113 October 5, 2020 Ayes. Opposed? None. Motion carries. James H. Rich III: And be it further RESOLVED, that the Southold Town Planning Board hereby authorizes the Planning Board Chairman to submit the Notice of Completion pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the Environmental Conservation Law and, upon filing, the public comment period will begin. Martin Sidor: Second. Chairman Wilcenski: Motion made by Jim, seconded by Martin. Any discussion? All in favor? Ayes. Opposed? None. Motion carries. James H. Rich III: And be it further RESOLVED, that the Southold Town Planning Board sets Monday, December 7, 2020 at 6:01 p.m. for a Public Hearing on the "Draft Environmental Impact Statement (DEIS) for Subdivision Approval The Orchards." Martin Sidor: Second. Chairman Wilcenski: Motion made by Jim, seconded by Martin. Any discussion? All in favor? Ayes. Opposed? Southold Town Planning Board Page 114 October 5, 2020 None. Motion carries. o BOND DETERMIINATibNs Accept Bond Estimate: Chairman Wilcenski: 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 Martin Sidor: 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, on September 15, 2020, the applicant submitted a Draft Bond Estimate; and WHEREAS on September 29, 2020, the Southold Town Engineering Department reviewed the Draft Bond Estimate and provided revisions; and WHEREAS, on October 5, 2020, the Planning Board reviewed both at their work session and accepted the Town Engineer's estimate in the amount of$182,859.50; therefore be it RESOLVED, that the Southold Town Planning Board hereby accepts the Bond Estimate in the amount of$182,859.50, and recommends same to the Town Board. Mary Eisenstein: Second. Chairman Wilcenski: Motion made by Martin, seconded by Mary. Any discussion? All in favor? Ayes. Opposed? None. Southold Town Planning Board Page 15 October 5, 2020 Motion carries. SITE =PLAN APPLICATION'S . r __... _IC Determinations: Chairman Wilcenski: Eastern Long Island Kampground Amended —This amended site plan is to replace 33 existing tent sites with the proposed construction of 20 seasonal cabins at 504 sq. ft. each and a 600 sq. ft. pavilion as part of an existing campground on 23.32 acres in the RR Zoning District, Greenport. The property is located at 64500 CR 48, Greenport. SCTM#1000-40-3-5 Mary Eisenstein: WHEREAS, this amended site plan is to replace 33 existing tent sites with the proposed construction of 20 seasonal cabins at 504 sq. ft. each and a 600 sq. ft. pavilion as part of an existing campground on 23.32 acres in the RR Zoning District, Greenport; and WHEREAS, on December 20, 2019 and January 9, 2020, Eileen Wingate, authorized agent, submitted an Amended Site Plan Application for review; and WHEREAS, on February 5, 2020 and February 7, 2020, Eileen Wingate, authorized agent, submitted an Amended Site Plan Application fee and other information for review; and WHEREAS, on February 10, 2020, the Southold Town Planning Board determined the application as complete for review; and WHEREAS, on February 10, 2020, the Planning Board, pursuant to State Environmental Quality Review Act (SEQRA) 6 NYCRR, Part 617, determined that the proposed action is an Unlisted Action as it does not meet any of the thresholds of a Type I Action, nor does it meet any of the criteria on the Type II list of actions; and WHEREAS, on February 12, 2020, the Planning Board, pursuant to Southold Town Code §280-131 C., distributed the application to the required agencies for their comments; and WHEREAS, on February 14, 2020, the Architectural Review Committee (ARC) provided comments to be clarified by the applicant regarding the proposed cabins and pavilion; and WHEREAS, on February 14, 2020, the Southold Town Fire Inspector reviewed and determined that the buildings were required to be constructed with fire suppression sprinklers, and that there was adequate fire protection and emergency access for the site; and Southold Town Planning Board Page 116 October 5, 2020 WHEREAS, on February 24, 2020, the Suffolk County Water Authority (SCWA) issued a Letter of Water availability for the proposed action; and WHEREAS, on February 24, 2020, the Suffolk County Planning Commission (SCPC) determined the action to be a matter for local determination; and WHEREAS, on February 27, 2020, Eileen Wingate, authorized agent, submitted revised Site Plans and other information for review increasing the size of each cabin from 450sf to 504sf each; and WHEREAS, on February 27, 2020, the Greenport Fire District determined there was adequate fire protection for the site; and WHEREAS, on March 9, 2020, a Public Hearing was held and closed; and WHEREAS, on March 17, 2020, in a state of emergency response to the COVID-19 public health pandemic , the Town of Southold closed its offices to non-essential employees including the Planning Department; and WHEREAS, on May 26, 2020, the Town of Southold re-opened its offices to non- essential employees at 50% capacity; and WHEREAS, on June 25, 2020, the Town of Southold Local Waterfront Revitalization Program Coordinator reviewed the proposed project and determined the project to be consistent with Southold Town LWRP policies with recommendations to the Planning Board; and WHEREAS, on July 1, 2020, the Southold Town Engineer reviewed the proposed application and determined that revisions to the site plan were required in order to meet the minimum requirements of Chapter 236 for Storm Water Management. The required revisions were incorporated into the Grading and Drainage plan; and WHEREAS, on July 22, 2020, the NYS Department of Environmental Conservation (NYSDEC) determined that no permit was required for the proposed action but determined that special care should be taken in managing precautions for storm water run-off and sediment-controls; limit clearing to November 1St— March 31St in order to protect sensitive species including the North Long — Eared Bat. No clearing shall take place during the summer months; and WHEREAS, on July 22, 2020 and August 20, 2020, Eileen Wingate, authorized agent, submitted revised site plans, grading & drainage plans, SCDHS plan and Erosion & Planting Plan for review; and WHEREAS, on July 31, 2020, the Suffolk County Department of Health Services (SCDHS) granted approval for this project under their reference #C-20-0055 for "Campground — 20 Cabins at 3,OOOgpd"; and Southold Town Planning Board Page 117 October 5, 2020 WHEREAS, on August 24, 2020, the Zoning Board of Appeals (ZBA), as Lead Agency, pursuant to SEQRA, made a determination of non-significance for the proposed action and granted a Negative Declaration; and WHEREAS, ,on August 24, 2020, the Zoning Board of Appeals (ZBA) granted file #7384SE for a Tourist Camp Special Exception and variances for the twenty (20) 504sf cabins where the Code permits a maximum of 450sf each; and WHEREAS, at a Work Session on September 14, 2020, the Southold Town Planning Board determined that all applicable requirements of the Site Plan Regulations, Article XXIV, §280 Site Plan Approval of the Town of Southold were met; and WHEREAS, on October 2, 2020, the Southold Town Chief Building Inspector reviewed and certified the proposed Tourist and Trailer Camp as a use permitted by special exception in the Resort Residential (RR) Zoning District pursuant to ZBA file #7384SE; therefore be it RESOLVED, that the Southold Town Planning Board has determined that this proposed action is consistent with the policies of the Town of Southold Local Waterfront Revitalization Program. Pierce Rafferty: Second. Chairman Wilcenski: 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 hereby grants Approval with Conditions, listed below, of the site plan entitled "Eastern Long Island Kampground" prepared by John J. Condon P.E., dated December 16, 2019, and last revised September 24, 2020, and authorizes the Chairman to endorse the site plan. Conditions 1. All exterior lighting on the property shall comply with the provisions.of Chapter 172 of the Town Code and the lighting within the approved site plan. Any future exterior Southold Town Planning Board Page 18 October 5, 2020 light fixtures not shown on the approved site plan must be reviewed for compliance and approved by the Planning Board prior to installation. 2. All exterior signage on the property, shall comply with Town Code. Any future signage not shown on the approved site plan must be reviewed for compliance and approved by the Planning Board prior to installation. 3. Existing landscape areas and mature trees must be preserved to the greatest extent practicable. 4. Clearing limited to November 1St— March 31St to protect sensitive species including, but not limited to, the Northern Long-Eared Bat. No clearing shall take place during the summer months. Pierce Rafferty: Second. Chairman Wilcenski: Motion made by Mary, seconded by Pierce. Any discussion? All in favor? Ayes. Opposed? None. Motion carries. Chairman Wilcenski: Mattituck-Laurel Library Amended (Parking Lot) —This proposed amended site plan is to increase the existing parking area by 24 spaces, from 34 spaces to 58 spaces (including 5ADA) on 1.5 acres in the RO/R-40 Zoning District. This property is located at 13900 Route 25 in Mattituck. SCTM#1000-114-11-2 Pierce Rafferty: WHEREAS, this proposed amended site plan is to increase the existing parking area by 24 spaces, from 34 spaces to 58 spaces (including 5ADA) on 1.5 acres in the RO/R-40 Zoning District; and WHEREAS, on December 6, 2019, Christopher Sepp, authorized agent, submitted an Amended Site Plan Application for review; and WHEREAS, on December 16, 2019, the Southold Town Planning Board determined the application as incomplete for review and required sufficient plans and information to be submitted; and Southold Town Planning Board Page 119 October 5, 2020 WHEREAS, on December 18, 2019, Christopher Sepp, authorized agent, submitted additional information and revised site plans for review; and WHEREAS, on January 13, 2020, the Planning Board accepted the application as complete for review; and WHEREAS, on February 10, 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 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 If Action as it falls within the description for 6 NYCRR, Part 617.5(c)(7); and WHEREAS, on February 10, 2020, a Public Hearing was held and kept open for written comments until February 24, 2020; and WHEREAS, the proposed action is exempt from review by the Suffolk County Planning Commission (SCPC); and WHEREAS, on February 14, 2020, the Southold Town Fire Inspector reviewed and determined that there was adequate fire protection and emergency access for the site; and WHEREAS, on March 16, 2019, the Mattituck Fire District determined there was adequate fire protection for the site; and WHEREAS, on March 17, 2020, in a state of emergency response to the COVID-19 public health pandemic , the Town of Southold closed its offices to non-essential employees including the Planning Department; and WHEREAS, on May 26, 2020, the Town of Southold re-opened its offices to non- essential employees at 50% capacity; and WHEREAS, on June 3, 2020, the Town of Southold Local Waterfront Revitalization Program Coordinator reviewed the proposed project and determined the project to be consistent with Southold Town LWRP policies with recommendations to the Planning Board; and WHEREAS, on July 1, 2020, the Southold Town Engineer reviewed the proposed application and determined that revisions to the site plan were required in order to meet the minimum requirements of Chapter 236 for Storm Water Management. The required revisions were incorporated into the Grading and Drainage plan; and Southold Town Planning Board Page 120 October 5, 2020 WHEREAS, at their Work Session on September 14, 2020, the Southold Town Planning Board reviewed the proposed application and required revisions to the Site. Plan to make it comply with various applicable sections of the Town Code; and WHEREAS, on September 22, 2020, Christopher Sepp, authorized agent, submitted a revised site plan, photometric plan and additional information for review; and WHEREAS, on September 28, 2020, the Southold Town Planning Board determined that all applicable requirements of the Site Plan Regulations, Article XXIV, §280 Site Plan Approval of the Town of Southold were met; and WHEREAS, on October 1, 2020, the Southold Town Chief Building Inspector reviewed and certified the existing use Library is a permitted use in the RO/R-40 Zoning District pursuant to ZBA file #4725; therefore be it RESOLVED, that the Southold Town Planning Board has determined that this proposed action is consistent with the policies of the Town of Southold Local Waterfront Revitalization Program. James H. Rich III: Second. Chairman Wilcenski: Motion made by Pierce, seconded by Jim. Any discussion? All in favor? Ayes. Opposed? None. Motion carries. Pierce Rafferty: And be it further RESOLVED, that the Southold Town Planning Board hereby grants Approval With Conditions, listed below, of the amended site plan entitled "Mattituck-Laurel Library Site Improvements" prepared by Todd A. Harvey, R.A., last revised September 21, 2020, and authorizes the Chairman to endorse the site plan after Condition "1" below is met. Condition prior to endorsing the Site Plan 1. Obtain a Highway Work Permit from the New York State Department of Transportation (NYSDOT) and provide a print of the permit to the Planning Board; Southold Town Planning Board Page 121 October 5, 2020 Ongoing Conditions 2. All exterior lighting on the property shall comply with the provisions of Chapter 172 of the Town Code and the lighting plan of the approved site plan. Any future exterior light fixtures not shown on the approved site plan must be reviewed for compliance and approved by the Planning Board prior to installation. 3. All exterior signage on the property shall comply with Town Code. Any future signage not shown on the approved site plan must be reviewed for compliance and approved by the Planning Board prior to installation. 4. Existing mature trees must be preserved to the greatest extent practicable. James H. Rich III: Second. Chairman Wilcenski: Motion made by Pierce, seconded by Jim. Any discussion? All in favor? Ayes. Opposed? None. Motion carries. STATE,ENVIRONMENTAL QUALITY REVIEW ACT Type Classifications: Chairman Wilcenski: Olde Colonial Place LLC—This Site Plan is for the proposed construction of a 4,500 sq. ft. building to consist of four (4) retail units with full basement for storage and twenty-four parking stalls on 0.5 acres in the HB Zoning District. The property is located at 615 Pike Street, Mattituck. SCTM#1000-140-2-21 James H. Rich III: WHEREAS, this Site Plan is for the proposed construction of a 4,500 sq. ft. building to consist of four (4) retail units with full basement for storage and twenty-four parking stalls on 0.5 acres in the HB Zoning District; and WHEREAS, the Southold Town Planning Board, pursuant to State Environmental Quality Review Act (SEQRA) 6 NYCRR, Part 617, has determined that the proposed action is an Unlisted Action as it does not meet any of the thresholds of a Type I Action, nor does it meet any of the criteria on the Type II list of actions; be it therefore RESOLVED, that the Southold Town Planning Board has determined that this proposed action is an Unlisted Action under SEQRA as described above. Southold Town Planning Board Page 122 October 5, 2020 Martin Sidor: Second. Chairman Wilcenski: Motion made by Jim, seconded by Martin. Any discussion? All in favor? Ayes. Opposed? None. Motion carries. STATE ENVIRONMENTAL QUALITY REVIEW ACT Set Hearing for Draft Scope: Chairman Wilcenski: Strong's Storage Buildings —This Site Plan is for the proposed construction of two (2) buildings for boat storage, one at 52,500 sq. ft. and the other at 49,000 sq. ft., located on 32.6 acres in the MII and R-80 Zoning Districts where there are 69,245 sq. ft. of existing boatyard buildings. The property is located at 3430 Mill Road, Mattituck. SCTM#1000-106-6-13.4 Martin Sidor: WHEREAS, this site plan is for the proposed construction of two (2) buildings for boat storage, one at 52,500 sq. ft. and the other at 49,000 sq. ft., located on 32.6 acres in the MII and R-80 Zoning Districts where there are 69,245 sq. ft. of existing boatyard buildings; and WHEREAS, the Southold Town Planning Board, pursuant to State Environmental Quality Review Act (SEQRA) 6 NYCRR, Part 617, has determined that the proposed action is a Type I action pursuant to 617.4(b)(10): Any Unlisted action, that exceeds 25 percent of any threshold in this section, occurring wholly or partially within or substantially contiguous to any publicly owned or operated parkland, recreation area or designated open space, including any site on the Register of National Natural Landmarks pursuant to 36 CFR Part 62, 1994 [see 617.17]. The physical alteration of 3.74 acres exceeds 25% of the 10 acre threshold listed in 617.4(b)(6); and WHEREAS, on February 10, 2020 the Southold Town Planning Board determined that this proposed action is a Type I Action under SEQRA as described above; and WHEREAS, on August 10. 2020 the Southold Town Planning Board declared itself as Lead Agency and issued Positive Declaration for the action, and WHEREAS, on September 11, 2020 the applicant submitted a Draft Scope prepared by P.W. Grosser Consulting Inc.; and Southold Town Planning Board Page 123 October 5, 2020 WHEREAS pursuant to official compilation of codes, rules and regulations and Regulations of the State of New York Title 6 Department of Environmental Conservation Chapter VI General Regulations Part 617. State Environmental Quality Review the Planning Board will hold a public hearing on the Draft Scope; therefore be it RESOLVED, that the Southold Town Planning Board sets Monday, November 2, 2020 at 6:01 p.m. for a Public Hearing on the Draft Scope for 'Strong's Yacht Center Proposed Boat Storage Buildings" prepared by P. W. Grosser dated September 10, 2020. Mary Eisenstein: Second. Vice-Chairman Rich: Motion made by Martin, seconded by Mary. Any discussion? All in favor? Ayes. Opposed? None. Motion carries. Public Hearings Continued by Court Reporter Jessica DiLallo PUBLIC HEARINGS 6:01 p.m. -Tenedios Barn & Greenhouse Amended —This amended agricultural site plan is for the relocation of a one story 8,664 sq. ft. building to house livestock and store feed, supplies and farm equipment; which was granted conditional approval from the Planning Board in 2019 and not constructed. The plan includes a 60' x 24' (1,440 sq. ft.) greenhouse and other accessory agricultural buildings on a 34.5 acre farm, of which 29.5 acres have development rights held by Southold Town and 5 acres have development rights intact (the greenhouse is located in the 5-acre area and the barn is located in the 29.5-acre area) in the R-200 Zoning District. The property is located at 28410 Route 25, Orient. SCTM#1000-19-1-1.4 & 1.3 6:02 p.m. — Orient Point Conservation Subdivision:--This proposal is for a 75/75 clustered Conservation Subdivision of 36.14 acres, currently comprised of six parcels, into 6 residential lots ranging in size from 0.91 acres to 1.83 acres, with 25.68 acres from which development rights are proposed to be sold to the Town of Southold, in the R-80 and R-40 zoning districts. This parcel is located at 32357 Old Main St, Orient. SCTM1000- 14.-2-29.2, 29.3 & 29.4 and SCTM1000-19-2-2, 3, & 12.2 Southold Town Planning Board Page 124 October 5, 2020 `HEARING HELD'A ODER Gentleman's Ridge & Mini Cedars Resubdivision —This resubdivision proposes to transfer of 0.03 acres (1,307 sq. ft.) from SCTM#1000-17.-1-11.5 to SCTM#1000-17.-1- 2.2 to provide the required well installation distance of 150' for the proposed I/A OWTS on the currently vacant Lot 2.2. As a result of this proposal, SCTM#1000-17.-1-11.5 will decrease to 5.32 acres total and SCTM#1000-17.-1-2.2 will increase to 0.95 acres in the R-40 Zoning District. The properties are located on the west side of Stephenson's Road +/- 800' north of NYSR 25 in Orient. SCTM#1000-17-1-11.5 & 2.2 Chairman Wilcenski: With no other business, we need a motion for adjournment. Mary Eisenstein: I'd like to make a motion for adjournment. Pierce Rafferty: Second. Chairman Wilcenski: Motion made by Mary, seconded by Pierce. Any discussion? All in favor? Ayes. Opposed? None. Motion carries. There being no further business to come before the Board, the meeting was adjourned. Respectfully submitted, Jessica Michaelis Transcribing Secretary Donald J. Wilcenski, Chairman 1 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 October 5 , 2020 6: 00 P.M. 9 10 11 BOARD MEMBERS PRESENT: 12 DONALD WILCENSKI, Chairman 13 JAMES H. RICH, III, Board Member 14 MARTIN SIDOR, Board Member 15 PIERCE RAFFERTY, Board Member 16 MARY EISENSTEIN, Board Member 17 18 MARK TERRY, Assistant Planning Director 19 BRIAN CUMMINGS, Planner 20 JESSICA MICHAELIS, Assistant 21 22 Awyosfe& 23 I 24 25 October 5, 2020 Public Bearings 2 J 1 INDEX 2 3 NAME : PAGE : 4 Gentleman' s Ridge & Mini Cedars 3-18 Resubdivision 5 6 Tenedios Barn & Greenhouse Amended 18-58 7 Orient Point Conservation - Subdivision 5871 8 9 10 11 12 r- t 13 14 15 16 17 18 19 20 21 22 23 24 25 i , October 5, 2020 Public Hearings 3 1 GENTLEMAN'S RIDGE & MINI CEDARS 2 RESUBDIVISION 3 CHAIRMAN WILCENSKI : We have three 4 Public Hearing' s . One that was held over 5 and we will open that first. Gentleman' s 6 Ridge & Mini Cedars Resubdivision. This 7 Resubdivision proposes to transfer of 8 0 . 03 acres or 1, 307 square feet, from 9 SCTM# 1000-17 . 1-11. 5 to SCTM# 1000-17-1-2 . 2 10 to provide the required well installation 11 distance of 150 feet from the proposed 12 innovative alternative waste water 13 treatment service on the current vacant 14 Lot 2 . 2 . As a result of this proposal, 15 SCTM# 1000-17-1-11. 5 will decrease from 16 5 . 32 acres total and SCTM# 1000-17-1-2 . 2 17 will increase to 0 . 95 acres in the R-40 18 Zoning District. The properties are 19 located on the west side of Stephenson' s 20 Road plus or minus 800 feet north of New 21 York State Route 25 in Orient . 22 SCTM# 1000-17-1-11 .5 and 2 . 2 . 23 At this time, I would like to open 24 up the floor. You can raise your hand 25 using the signal and Jess the moderator, October 5, 2020 Public Hearings 4 1 will bring people in to speak. 2 MS . MICHAELIS : Correct . They can 3 use the button at the bottom of their 4 screen, the little toggle button to raise 5 their hand or if they' re on the phone, I 6 think the option is *9 . So we have two 7 people raising their hand now. I will let 8 Mike in first. I am not sure if it ' s Mike 9 Kimack. 10 MR. KIMACK: Good evening, everyone . 11 It ' s Mike Kimack. How are you? 12 CHAIRMAN WILCENSKI : How are you, 13 Mike? 14 MR. KIMACK: Good. Without spending 15 a lot of time, the last time we left, you 16 requested that we provide you with a more 17 clarifying map in terms of the meats and 18 bounds of Gentleman' s Ridge lot. There was 19 a question raised in terms of the area that 20 was involved in that lot. So I provided 8 21 copies . Hopefully, you got them in front 22 of you, that were more definitively shows 23 the boundaries of Gentleman' s Ridge. In 24 relation to E, with the Mini Cedars and 25 that small section of the triangle that we October 5, 2020 Public Hearings 5 1 would like to be able to transfer from 2 Gentleman' s Ridge to Mini Cedar, in order 3 to meet the requirements of the Health 4 Department with a setback from the proposed 5 IA system. Other than that, do you have 6 any questions of me? 7 CHAIRMAN WILCENSKI : Does any Board 8 members have any questions or any staff 9 have any questions for Mike Kimack for 10 Gentleman' s Ridge? We have a couple of 11 other people that want to speak. So Mike 12 standby and we will bring the other people 13 in. 14 MR_ KIMACK: Will do_ 15 CHAIRMAN WILCENSKI : Thank you. 16 Anthony? 17 MR. PASCA: Yes . Can you hear me? 18 CHAIRMAN WILCENSKI : Yes, you're on. 19 Welcome to- the Planning Board meeting for 20 Gentleman' s Ridge. 21 MR. PASCA: Thank you. 22 MS . MICHAELIS: Please just state 23 your name before you speak. Thank you. 24 MR. PASCA: Okay. My name is Anthony 25 Pasca. I am an attorney with Esseks, October 5, 2020 Public Hearings 6 1 Hefter, Angel & Pasca. And I submitted a 2 letter on Friday, which I hope you all got, 3 on behalf of Stephenson's Road, LLC, and 4 some individuals, Joanna, Wendy Lomus, 5 Jordan Greene and Beverly Greene on two 6 issues -- on two legal issues that we 7 wanted to bring to your attention and ask 8 you to consider. One issue relates to the 9 title of the roads . Another issue relates 10 to the 1973 Zoning Board issue . And I also 11 represent Susan McDunning, who joins in the 12 Zoning Board issue. She' s not connected to 13 the roadway. So she has no -- she is not 14 taking a position on that. So I want to -- 15 I think I set it out pretty clearly in the 16 letter. But the main reason that I wanted 17 to address you was to make sure that these 18 issues get addressed. That is the bottom 19 line here . As far as the title issue goes, 20 this is the main reason why I was asked to 21 join this, is that -- my understanding is 22 that the applicant told you last time at 23 the meeting, that the roads were commonly 24 owned. And this is not true . And the more 25 that I look at the map, which I found quite October 5, 2020 Public Hearings 7 1 confusing the first time I looked at it. 2 But the more carefully we looked at the 3 map, we realized that they had actually 4 drawn on the map around the outside of the 5 roads to depict this, as if they own the 6 roads, when in fact -- the private road, is 7 owned by Stephenson' s Road, LLC. I took 8 you in the letter -- I take you through the 9 evolution of title for that road, for Mary 10 Stephenson down to the present . And as far 11 as we' re concerned, there is no question 12 that Stephenson' s Road, LLC owns the road. 13 The plots, the various plots including 14 Plot W and the Mini Cedars plot, both have 15 easements on the roads . But to the extent 16 that they' re claiming ownership of the road 17 in this application, we want to make sure 18 that is removed and taken care of because 19 -- we have title insurance to the road. 20 That is how clear the title is _ That about 21 30 years ago they were able to get title 22 insurance and convince the title company 23 that there was no question that the road 24 was owned by them. The second issue which 25 may long-term be more critical is that the October 5, 2020 Public Hearings 8 1 Zoning Board question. And Friday, there 2 was the first Zoning Board meeting related 3 to the variances here and we raised the 4 same issue with the Zoning Board. But it 5 doesn' t have your ability to consider this 6 application right now until that issue gets 7 resolved. And that.. is, that 1973, the 8 owner of Plot W, which is the Gentleman' s 9 Ridge property today, went through a Zoning 10 Board process and obtained a variance for 11 that property. And the condition of the 12 variance was that they set-off 80, 000 13 square feet of Plot W. Now, they ended up 14 providing a survey, a Ben Tile Survey, that 15 showed an 80, 000 square foot set-off. It 16 coincides -- at least a very small part of 17 it coincides with the little triangle that 18 they' re now proposing to give to Mini 19 Cedars . So if you have a 1973 variance 20 that was conditioned on setting aside or 21 setting off that 80, 000 square feet, they 22 can't take a portion of it and give it to 23 Mini Cedars, at least not without 24 addressing it in some way through the 25 Zoning Board. I don't know what that October 5, 2020 Public Hearings 9 1 means . Whether they have to go back and 2 modification or go back and get a different 3 kind of variance, I don 't know. But until 4 they deal with that issue, I don't see how 5 this Board can approve allowing them to 6 transfer a piece of a property that is 7 subject to a Zoning Board condition 8 requirement set-off . So we ' re asking both 9 Board' s, the Zoning Board and Planning 10 Board to sort of coordinate that inquiry 11 and make sure that that 1973 variance 12 condition doesn't become a footnote in 13 history. It was imposed for a reason. It 14 was carried over in all the CO' s that I 15 have seen when they referenced the Zoning 16 Board variance. And so as far as we ' re 17 concerned, that has to be dealt with before 18 this Board can even entertain this 19 application. 20 CHAIRMAN WILCENSKI : Yes . Mr. Pasca, 21 it is -- we ' re in agreement with that and 22 due to the fact that it has to go through 23 the ZBA -- after we have heard testimony 24 from whomever wants to speak tonight, we ' re 25 going to make a motion to adjourn this October 5, 2020 Public Hearings 10 1 without a date. So we can get the 2 necessary information. 3 MR. PASCA: Okay. 4 CHAIRMAN WILCENSKI : Okay. 5 MR. PASCA: If there is any questions 6 of me, I am happy to answer them, but 7 otherwise, we will stand by too. 8 CHAIRMAN WILCENSKI : Is there any 9 Board member or staff member that has any 10 questions for Mr. Pasca? 11 MEMBER RAFFERTY: No . 12 CHAIRMAN WILCENSKI : Okay. Hearing 13 none . Okay. Thank you very much. And 14 again, we will adjourn this meeting without 15 a date for this application. 16 Okay. Would anybody else like to 17 comment or testify on the Gentleman' s Ridge 18 and Mini Cedar' s subdivision? 19 MR. KIMACK: I think you can still 20 hear me? 21 CHAIRMAN WILCENSKI : Yes . Mike, just 22 stand by. I am just seeing if anybody else 23 wants to speak. 24 MR. KIMACK: Okay. 25 CHAIRMAN WILCENSKI : We've got October 5, 2020 Public Hearings 11 1 several, Mike. I am going to put you on 2 hold. Wendy Lomus is next in line . Good 3 afternoon, Wendy or Good evening. 4 MS. LOMAS: Okay. I just wanted to 5 point out that Tony brought up about the 6 roads and stuff. The size of their lot is 7 not as big as they're claiming because of 8 the roads being included in it . And 9 there should be a new survey done of the 10 roads . 11 CHAIRMAN WILCENSKI : Okay. 12 MS . LOMAS : So that' s pretty much -- 13 CHAIRMAN WILCENSKI : That ' s your 14 point? 15 MS . LOMAS : Yes . 16 CHAIRMAN WILCENSKI : So that is well 17 taken and in the record_ That will be one 18 of the items that we will, you know, 19 investigate, you know, as well as the ZBA. 20 I am sure the ZBA addressed that earlier 21 on, but we will make sure that is 22 addressed. 23 MS . LOMAS : Okay. Thank you. 24 CHAIRMAN WILCENSKI : Thank you. I 25 am going to butcher this name, but October 5, 2020 Public Hearings 12 1 Guillaume; is that right? 2 MR. BICH: Yes . Good evening. Can 3 you hear me? 4 CHAIRMAN WILCENSKI : Yes. We got 5 you. 6 MR. BICH: The name is 'Guillaume. 7 CHAIRMAN WILCENSKI : Sorry. 8 MR. BICH: It ' s okay. I am used to 9 having it butchered. No worries at all. I 10 speak under -- I am the owner of both 11 properties here . And the manager and solo 12 -- sole manager of both entities . And I 13 speak under the control of Mike Kimack who 14 is my agent. So I make sure that he will 15 just confirm everything I am saying here. 16 First comment is, I think we apologize for 17 making this application without having seen 18 this off-set of 80, 000 square feet_ It 19 hadn't come up in a research and therefore 20 we will be taking appropriate steps at 21 the ZBA to -- we apply for the appropriate 22 -- either re-designation of the 80, 000 23 square feet because it was my understanding 24 it was never done as such, meaning there 25 is no designation as to which 80, 000 October 5, 2020 Public Hearings, 13 1 square feet, only that it is 80, 000 2 square feet. And so we will be addressing 3 that and apologize for wasting your time 4 because we had done our research there. 5 As for the roads, I think Anthony Pasca 6 and Mike Kimack have resolved the issue 7 as to the ownership. I think it ' s quite 8 clear that the information online was 9 insufficient for us to confirm that the LLC 10 owned it. And Anthony Pasca was nice 11 enough to confirm it, and therefore it ' s no 12 issue. And it' s obviously clear that 13 Stephenson' s, LLC owns the road and it ' s 14 not Gentleman' s Ridge, LLC intention to 15 contest that at all . And if it was 16 originally included in the survey and 17 wasn't done so by accident, Mike said, it 18 was our information that it was tenants in 19 common and not owned by Gentleman ' s Ridge . 20 That' s not a claim that we ever made. So I 21 want to make sure that is understood here. 22 If it was included in that drawing, we 23 apologize for that. The new survey that 24 Wendy is asking for has been done and 25 submitted to, and I don't believe includes October 5, 2020 Public Hearings 14 1 the road. So I believe you have in front 2 of you a new survey that doesn' t include 3 the road and should be sufficient to 4 satisfy her concern. And I guess I will 5 leave it back to Mike to confirm everything 6 that I am saying. I just wanted to make 7 sure that I spoke here and apologize for 8 missing that little bit of research on 9 80, 000 square feet and we will be doing 10 everything that we need to come back to 11 the Board with the appropriate conditions 12 met, in order to start over and try 13 again. 14 CHAIRMAN WILCENSKI : Okay. Thank 15 you very much. Would anybody else like to 16 address the Board? Mike, if you want to, 17 we can give you a second of speaking. I 18 was just wondering if there was anyone else 19 that wanted to speak about Gentleman' s 20 Ridge? If you can raise your hand and we 21 will acknowledge you. 22 MS. MICHAELIS : And if you're on the 23 phone and would like to speak, you can 24 press *9 . 25 CHAIRMAN WILCENSKI : Thank you, Jess . October 5, 2020 Public Hearings 15 1 *9 and raise your hand on the Zoom site. 2 I don' t see anyone else interested in 3 speaking. So Mike, do you want to wrap it 4 up because at this point, we' re going to 5 make a motion to adjourn this without a 6 date? 7 MR. KIMACK_ Guillaume was basically 8 correct in what he had said. The map that 9 we presented doesn't show the roads_ The 10 way the language was in the Zoning decision 11 basically -- and he ' s correct there, allows 12 us the -- the owner to set aside 80, 000 13 square feet . It doesn' t indicate where it 14 has to be_ The original Tile map can 15 basically be adjusted to take out that 1300 16 square foot and add it to the other line in 17 order to meet and conform to the Zoning 18 decision. It just says 80, 000 square feet 19 and we can do that easily. I will go back 20 to Young & Young and we will take a look at 21 the Van Tile one and make the adjustment . 22 We will make that representation on that 23 plan so that it ' s illustrated the one you 24 got in front of you. We will update it 25 with the 80, 000 square foot reserve and get October 5, 2020 Public Hearings 16 i 1 it back to you and get it to the Zoning 2 Board. 3 CHAIRMAN WILCENSKI : Okay. So with 4 all that said, we're waiting on the Zoning 5 Board and waiting for additional 6 information. 7 Charlotte Greene has her hand up. 8 Charlotte, do you have comments about 9 Gentleman' s Ridge? Jess, can you bring her 10 in? 11 MS . MICHAELIS : Yes . 12 CHAIRMAN WILCENSKI : Charlotte, we 13 can hear you. 14 MS . GREENE: Yes . Hi . Can you hear 15 me? 16 CHAIRMAN WILCENSKI : Yes, we can hear 17 you. 18 MS. GREENE: I just wanted to say 19 that we would love to see a copy of the new 20 survey that doesn' t include the roads . 21 That would be lovely if they could share 22 that . 23 CHAIRMAN WILCENSKI : Okay. We will 24 make sure we make that available . 25 MS. GREENE: Thank you. October 5, 2020 Public Hearings 17 1 MS. MICHAELIS : Charlotte, if you 2 e-mail me in the office, Jessica Michaelis 3 or call tomorrow, I will send you the link. 4 The entire file is available. 5 MS . GREENE : Okay. Thank you. Thank 6 you. 7 CHAIRMAN WILCENSKI : Thank you, Jess . 8 Would anyone else like to address the Board 9 on Gentleman' s Ridge? 10 (No Response . ) 11 CHAIRMAN WILCENSKI : Seeing none, 12 I need a motion to adjourn this application 13 without a date? 14 MEMBER SIDOR: So moved. 15 CHAIRMAN WILCENSKI: Motion made by 16 Martin. 17 MEMBER RICH: Second. 18 CHAIRMAN WILCENSKI : Seconded by Jim. 19 Any discussion? 20 (No Response. ) 21 CHAIRMAN WILCENSKI : All in favor? 22 MEMBER EISENSTEIN: Aye. 23 MEMBER RAFFERTY: Aye. 24 MEMBER RICH: Aye. 25 MEMBER SIDOR: Aye. t October 5, 2020 Public Hearings 18 1 CHAIRMAN WILCENSKI : Aye. 2 Motion carries . 3 So again, this application has been 4 adjourned without a future date pending 5 information and from the ZBA. 7 TENEDIOS BARN & GREENHOUSE AMENDED 8 CHAIRMAN WILCENSKI : Our second 9 Public Hearing for this evening is Tenedios 10 Barn & Greenhouse Amended. This amended 11 agricultural site plan is for the 12 relocation of a one-story 8, 664 square foot 13 to house livestock and store feed, supplies 14 and farm equipment; which was granted 15 conditional approval from the Planning 16 Board in 2019 and not constructed. The 17 plan includes a 60 ' x 24 ' or 1, 440 square 18 foot greenhouse, and other accessory 19 agricultural buildings on a 34 . 5 acre farm, 20 of which 29 . 5 acres have development rights 21 held by Southold Town and 5 acres have 22 development rights intact . The greenhouse 23 is located in the 5 acre area and the barn 24 is located in the 29 . 5 acre area, in the 25 R-200 Zoning District. The property is October 5, 2020 Public Hearings 19 1 located at 28410 Route 25 in Orient. 2 SCTM# 1000-19-1-1 . 4 & 1 . 3 . 3 I would just like to open and say we 4 have received several letters from 5 neighbors and people of concern. And Brian 6 is going to -- he' s got some photos and 7 some plans that he would like to bring up.. 8 And what I would like to do before we take 9 any testimony from the audience, if Brian 10 can just briefly go over the site plan that 11 he has on the board right now. And Brian, 12 just go over how far the barn has been 13 moved and the setbacks that we have talked Y 14 about? 15 MR. CUMMINGS : Absolutely. Thanks, 16 Don. Can you hear me? 17 CHAIRMAN WILCENSKI : Yes. We got you 18 Brian. 19 MR. CUMMINGS : Great . So you should 20 have the plan here before you. This is 21 the revised amended site plan. Here is the 22 proposed new location of the barn. The 23 originally approved location was 24 approximately 400 feet east of here . 25 Specifically the building is proposed to October 5, 2020 Public Hearings 20 1 move 396 feet to the southwest. Roughly 2 southwest. 14 feet to the south. So this 3 south yard extends 14 feet to the south. 4 And then it actually decreases its distance 5 from wetlands from approximately 80 feet . 6 It' s moving further away from this one, but 7 closer to a freshwater wetland here. But 8 still not within the 100 foot wetland 9 marker. They have also updated their DEC 10 permit . They have amended it, excuse me . 11 And the overall area of disturbance has 12 decreased to about 140 square feet, and 13 that is due to this location of the 14 building. Being closer to where the 15 utilities run on site and the extension of 16 the 12 foot wide dirt road would not have 17 to be extended thus far and decreases the 18 area of disturbance overall. Also a 19 carryover from the previous plan, are the 20 farm management conditions and specifically 21 -- these are Planning Board conditions of 22 approval previously, but a lot of them 23 include farm management conditions that 24 basically include manage the balance 25 between the existing wetlands near by and October 5, 2020 Public Hearings 21 1 the agricultural operations on site. So 2 those are noted on the plan as three 3 different vegetated buffers. Vegetated 4 buffer #1 is down here on the southwest 5 corner. And you can see it has certain 6 setbacks that need to be maintained. 7 Vegetated buffer #2 runs along the 8 southwest and westerly property line, which 9 maintains a certain separation of any 10 paddocks or buildings on site . At least 11 50 feet from the property line which is 12 still outside of the 100 foot wetland line. 13 And then there is Vegetated buffer #3, 14 which is kind of this middle area of the 15 farm, which is an extension. That is also 16 protected by dimensions on site . And that 17 is specifically managed by these conditions 18 here. So that is kind of a brief update on 19 what the plan was before and this plan is 20 for the same use of the building, just 21 relocating it. 22 CHAIRMAN WILCENSKI : Thank you, 23 Brian. At that point, I would like to see 24 if we could move on to anyone who would 25 like to address the Board for this October 5, 2020 Public Bearings 22 1 application? Jess, I think the first 2 person we have is Helen Hooke? 3 MS . MICHAELIS : Actually, I am sorry. 4 I am trying to let Pat Moore in right now. 5 She had an issue with the audio . I just 6 let Pat in. 7 CHAIRMAN WILCENSKI: Okay. Pat, can 8 you hear us? Pat Moore, are you 9 available -- 10 MS . MOORE : Can you hear me? There 11 you are . 12 CHAIRMAN WILCENSKI : Okay. I don't 13 know if you caught it, but Brian just gave 14 a little history on where it was moved and 15 also the setbacks from the freshwater areas 16 and also went over the dimensions and some 17 of the buffer areas . 18 MS. MOORE: That ' s fine. I am here 19 to answer any questions if there are any. 20 Again, it' s pretty straightforward. It' s 21 the identical application from before with 22 all the same conditions as before, that the 23 Board had imposed on this -- the 24 application. This location, the elevations 25 are better. So stormwater design is better October 5, 2020 Public Hearings 23 1 -- still -- that was the main reason to 2 move it over. 3 CHAIRMAN WILCENSKI : Okay. So maybe 4 what we will do, Pat, you don't have to, 5 but if you would like to answer some of the 6 questions -- if we have other people coming 7 on to raise questions or concerns, we will 8 bring you back at the end; is that fair? 9 MS. MOORE: Sure. I will listen. 10 Thank you. 11 CHAIRMAN WILCENSKI : Jess, I think 12 Helen Hooke has her hand up? 13 MS . MICHAELIS : Sure . In the 14 meantime, Pat, I am just going to click 15 mute on your end. 16 MS . MOORE: That ' s fine. Thank you. 17 CHAIRMAN WILCENSKI: Good evening. 18 MS . HOOKE: Hi . Can you hear me? 19 CHAIRMAN WILCENSKI : Yes, we 've got 20 you. Good evening. 21 MS . HOOKE : Okay. Great . All the 22 people that live on Robins Road got 23 together and talked about this moving of 24 the barn because it moved 400 feet closer 25 to all of us because we're the people that October 5, 2020 Public Hearings 24 1 are the neighboring properties on the west 2 of this property. We ' re not on the Main 3 Road but our addresses are Main Road. 4 Robins Road is a side road that runs 5 north/south to the west of this property. 6 You can probably see it on the photograph a 7 little better. You can see our three 8 properties . There is a big white thing on 9 the Main Road and we ' re the three 10 properties just to the south of that, 1, 2, 11 3 . So we were all concerned about the 12 vegetated buffer. And we' re hoping that 13 they' re going to plant a tall border of i 14 Evergreens, deciduous trees in that 15 vegetated wetland and not just have the 16 weeds that are existing there . This is a 17 very big building that has gotten moved 18 close to us . So that is Number One. 19 Number Two, I can see the light on their 20 chicken house on our bedroom window. And 21 there is no Dark Sky Lighting compliance on 22 that light . And John says he sees the 23 light on the greenhouse 24/7 . So could you 24 make sure that please all the lighting on 25 all the buildings in this whole area are October 5, 2020 Public Hearings 25 1 Dark Sky compliant because they're all 2 shining on our windows right now? 3 Number Three, it looks to me like that 4 driveway that goes south of the barn has a 5 large parking area, which is right on the 6 border of that thing that is labeled 100 7 foot wetlands buffer. And we 're asking 8 that the parking area where cars are going 9 to have like leaky transmission fluid and 10 oil and stuff like that and trucks and 11 everything like that, be closer to the 12 egress road, instead of right close to our i 13 properties and right close to the wetlands 14 and right closer to our wells, which are 15 actually -- you know, this is 400 feet 16 closer to our wells . Number Four, they've 17 got a bunch -- they already have some pumps 18 for the greenhouse and for the agricultural 19 field. And these things are super, super, 20 super loud. There is one right by that 21 pound. By the way, that pound is right up 22 to that -- that pound is not far away from 23 that borderline property. That pond is 24 5 feet from the property. I just walked 25 along that fence about 2 weeks ago. The October 5, ' 2020 Public Hearings 26 1 edge of the pond, which is the wetland, is 2 -- somebody drew that and it ' s not 3 accurate. It ' s right up to the edge there. 4 And they're taking water -- and they've got 5 a pump. And it would be so easy if they 6 just put housings or mufflers on those 7 pumps because they just -- they're just 8 definitely loud all day, all summer. 9 Number Five, is that soil stockpile 10 thing just south of the barn, is that where 11 they're putting (Audio Silence) -- from the 12 chicken house, and I just hope they're r 13 complying with the rules in removing animal 14 waste because we want to have -- our 15 properties are right there and next to us, 16 and we just want to make sure, you know, 17 we' re protected from this stuff. 18 Alright, and then the last one is, you 19 listed the uses of storage of equipment 20 and animals in there. We just are really 21 hoping they' re not going to use it as a 22 slaughter house for animals. And you know, 23 I don't know. I just feel like it' s so 24 close to us . Just like asking for more 25 contamination of our wells. You know and I October 5, 2020 Public Hearings 27 1 just want to know -- my last thing, but who 2 is going to make sure that they' re 3 actually compliant with this stuff once 4 they get going on it? I know that there is 5 nothing that we can do about them moving 6 this building closer because it' s within a 7 designated area; however, it ' s right on the 8 border of the designated area. And I just 9 want to make sure that the Rules and 10 Regulations for -- you know, to protect the 11 wetlands . The wetlands are very important . 12 It' s the Narrow River. It' s our whole 13 beautiful bay system. We really want to 14 make sure that they' re compliant with this 15 stuff_ 16 CHAIRMAN WILCENSKI : I can answer 17 that question, that the Planning Board 18 will be on site during construction and 19 will make a final inspection. If there are 20 any discrepancies, you know, with the site 21 plan or if you call to complain, you know, 22 , the Planning Board, to a certain extent, 23 can come out and check the dimensions or 24 some of the concerns that you have . The 25 other thing that I can say as far as the j October 5, 2020 Public Hearings 28 1 noise and the irrigation noise and 2 things, I mean, I would hope that owner -- 3 and Pat can relay that to the owner and 4 make sure that gets, you know, addressed. 5 And beyond that, if there are other 6 issues going on down the road or a year or 7 so, of course, you can either call the 8 Planning staff or you can call the Building 9 Department to file a complaint and then the 10 officer will come out and listen to your 11 complaint and check back with the 12 Planning Board to make sure they're 13 staying within the covenants of the 14 application. 15 MS . HOOKE: Okay. And what about 16 that parking area? Is there any chance 17 they can just move it to the other end of 18 the driveway? 19 CHAIRMAN WILCENSKI : Pat, are you 20 still on? You know what we will do, we 21 will keep taking some questions and -- 22 MS. MOORE: I am on. I had you on 23 mute myself. I am sorry. The -- as I read 24 the -- 25 CHAIRMAN WILCENSKI: Can you hold on October 5, 2020 Public Hearings 29 1 a second? I would just like to see if we 2 could get a couple of more people so 3 you can -- if you can make a list and 4 address them at the end? 5 MS . MOORE : Oh, sure. That is what I 6 have been doing. 7 CHAIRMAN WILCENSKI : Thank you. 8 Would anyone else like to address the barn 9 with Tenedios Greenhouse? Again, we' re 10 asking Pat to answer some questions at the 11 end. She doesn't have to, but she ' s 12 willing to do so to make peace with 13 everyone . Would anybody else like to 14 address the Board? 15 MS . MICHAELIS : You can chose the 16 raise hand option at the bottom of your 17 Zoom screen. And if you' re calling in, you 18 can press *9 to raise your hand. 19 CHAIRMAN WILCENSKI: I don't see 20 anyone else coming up. So Pat, if you want 21 to -- we just had somebody that came up, 22 Ambriel? We have brought you in. 23 MS. BOSTIC: Hi . How are you? I 24 just have two questions and they' re sort 25 of general questions . The first is, as I October 5, 2020 Public Hearings 30 1 wrote to the Planning Board, the posted 2 signs had the wrong date on them. And 3 I think a lot of people feel unprepared to 4 weigh in at this particular hearing and I 5 wonder if that was brought to your 6 attention? 7 CHAIRMAN WILCENSKI: Yes, it was . 8 Everything was noticed properly in the 9 newspaper, on the website. The only signs 10 that were posted on the property were 11 posted with the wrong dates, they were the 12 11th. So our intention as a Board, was to 13 leave this hearing open for written 14 comments for an additional two weeks. 15 MS . BOSTIC: Okay. My second 16 question is, has the Planning Board been 17 actively sort of monitoring to sort of 18 make sure that the land owner has been 19 using best practices in terms of waste 20 removal and vegetative buffer and things 21 like that? I haven' t seen a noticeable 22 change in the vegetation along the fence 23 line on Narrow River Road, as I remember 24 was recommended by the DEC, in the last 25 year or so. So I was wondering if the October 5, 2020 Public Hearings 31 1 Planning Board has been checking and if 2 you' re satisfied that they' re following 3 best practices? 4 CHAIRMAN WILCENSKI: We aren't out 5 there unless we get a phone call or such, 6 but during construction, we will be out 7 there overseeing the project. We will 8 make several site visits . And I will let 9 Pat answer the second part of that 10 question. 11 MS . BOSTIC: Thank you. 12 CHAIRMAN WILCENSKI : Thank you. 13 Would anybody else like to address the 14 Board on Tenedios Barn Greenhouse? I will 15 give it another couple of minutes? Pat, 16 why don' t you come on and you have written 17 some of the questions that were brought up 18 if you would like to answer or entertain 19 some of those? 20 MS . MOORE: Hello? 21 CHAIRMAN WILCENSKI : Yes . Pat, 22 you're up. 23 MS . MOORE: Alright. I listed the 24 questions as they were raised. The first 25 question was from the neighbors to the October 5, 2020 Public Hearings 32 1 west. And they asked about the natural 2 buffer that is already in place . There 3 really wasn't any plan to plant Evergreens 4 along the westerly side. The -- we have 5 the deer fence . And really to the west of 6 that is private land. It' s not my clients 7 land. It shows to be a certain area around 8 the pond. So we can' t really disturb 9 that area. That is not an area we would 10 touch. It ' s off of our property. My 11 clients property has the deer fence that 12 just touches that one point and then angles 13 away. And creates a certain triangular 14 distance around this south westerly corner. 15 I think the preference is to keep things 16 natural . But you know, as long as we don' t 17 have issues. The Town generally prefers we 18 leave areas adjacent to the wetlands alone. 19 Not to add any non-indigenous species . I 20 don't know where those particular 21 Evergreens could be added. They might die 22 because that area is pretty wooded and 23 natural . So you would have to clear an 24 area to plant Evergreens and allow them 25 to live. So we could certainly discuss it October 5, 2020 Public Hearings 33 1 with the Planning Board but I think for the 2 most part, as a farming operation, you 3 prefer to keep natural buffers, rather 4 than -- let ' s call it man-made artifical 5 buffers of any kind. So that is the 6 Evergreens. The light on the chicken house 7 and greenhouse, I will certainly raise that 8 and mention it to the client . I am sure 9 he' s not aware that there is -- that the 10 light is not shutting off. I will double 11 check. At best, they be motion detector, 12 because that is when the workers come in 13 and feed the animals, but otherwise, I 14 can't imagine to needing the lights on_ 15 But I am not a farmer. I don't know if for 16 predators, you need to have some lighting. 17 But we will do our best to certainly aim 18 the lights in a downward direction. So 19 they're not a nuisance to the neighbors . 20 So that at a minimum, downward, positioning 21 of the lights . Let ' s see, parking. As I 22 read the site plan, we don't -- again, it ' s 23 an agricultural operation. We don't have 24 employees per se . We have the farmers and 25 the assistants and the caretakers there, October 5, 2020 Public Hearings 34 1 that are generally there all the time. 2 You have the planting, and the last time I 3 was there, I saw the caretaker. That is a 4 dirt driveway. It' s not a parking area. I 5 believe it is a turnaround. That is just a 6 design element for a -- for the drive. 7 whether there is a better design, I don' t 8 know. I defer to the engineers . We can 9 talk to them. Again, this is a dirt 10 driveway. It ' s not going to be -- as the 11 deed tells, I see proposed 12 foot dirt 12 road. So I don't -- there is no intention 13 to create anything significant, nor to 14 create a parking field of any kind. For 15 anybody, when you go over there presently, 16 you will see Latham and his truck. He ' s 17 out in the field. And then you might see 18 the other caretaker in the truck and 19 generally would park where ever they're 20 caretaking. So if they're on the east 21 side of the property, they may park closer 22 to that end of the property. And if 23 they're working by the barn, I am sure they 24 will park near the barn, but it ' s not a 25 parking field or any -- employee driven October 5, 2020 Public Hearings 35 f 1 parking area at all_ It' s just a farm 2 road and a design element by the engineer. 3 The pump house issue, the muffler or the 4 sound of the water pumps, I will mention it 5 to the clients . Again, this is the farming 6 operation. I don't know what the -- 7 whether there is muffling available for 8 water pumps . Generally, I don' t believe 9 there are, but Mr. Sidor is a farmer there. 10 And just for -- Chairman Wilcenski, you 11 might also know enough about water pumps, 12 but I will certainly relay this to the 13 client and if there is certainly anything 14 that can be done to help, I am sure he will 15 accommodate. The soil stockpile is merely 16 an area -- the site plan reacquires during 17 stormwater design and the stockpile 18 during construction. It' s not a permanent 19 stockpile . It has to be shown as part of 20 the site plan design. So I can' t imagine 21 that stockpile being left there . It' s not 22 a manure stockpile. It 's soil during 23 construction. It is not a slaughter house 24 right now. I am sure just from the number 25 of animals that come and go. There is a October 5, 2020 Public Hearings 36 1 constant -- taking of certain animals for 2 food consumption. There is no slaughter 3 house there. They're taken off site for -- 4 I don't know whether processing of an 5 animal is correct term enough, but nobody 6 -- there are no animals that are being 7 turned to meat on site. Maybe -- maybe a 8 chicken or two, but I don' t know how that 9 is done. But certainly no animals . The 10 monitoring, I know the Board has gone out 11 there or planning staff has been out there 12 on occasion. And we have received on 13 occasion a complaint was inadvertently not i 14 locked and those ornery goats are quite 15 clever. And they are able to go through a 16 gate that is not well latched. And we have 17 -- we -- my client has received a phone 18 call that there were goats in the area 19 where it was the vegetated buffer. This 20 has been an ongoing farming operation and 21 it ' s pretty quiet over there . At least 22 aside from the nuisance things . The 23 typical farming nuisance issues. It is a 24 very quiet farm. I have been there a 25 couple of times. That the most exciting 1 October 5, 2020 Public Hearings 37 1 thing when you go on the property is the . 2 chickens that come over and they come to 3 the car hoping that they would be fed. But 4 otherwise, - it' s a pretty mundane farm. I 5 think I have answered all of the points 6 that were raised. 7 CHAIRMAN WILCENSKI : Pat? 8 MS . MOORE : Yes . 9 CHAIRMAN WILCENSKI: The one question 10 that was raised earlier, do you know -- I 11 think we talked about this with the first 12 site plan, what -- wasn't there a plan for 13 the stockpiling and removal of waste? 14 Manure waste? 15 MS . MOORE: Yes _ I know that the 16 waste is actually taken off site. That has 17 been the manner of operations throughout. 18 So that has been the way it ' s been handled. 19 There is no way manure. Obviously whatever 20 the farming operation needs for the -- that 21 is used by the farms were -- as part of the 22 farming operation. But no, otherwise, it 23' - is taken off site. So I don't think that 24 the proposed soil stockpile is the manure 25 stockpile. As I read the site plan, it' s October 5, 2020 Public Hearings 38 1 constructed for erosion control measure. 2 CHAIRMAN WILCENSKI : Okay. Alright . 3 Thank you, Pat . We have two more people 4 with their hand' s up. So let ' s go to 5 the telephone, I guess . You have a 6 telephone number 3524? If you can unmute 7 -- there we go. 8 MS . MICHAELIS : And state your name, 9 please. 10 CHAIRMAN WILCENSKI : State your name, 11 please . Hello, can you hear us? Telephone 12 number ending in 3083? 13 MS . MOORE : So that ' s me . 14 CHAIRMAN WILCENSKI: I 'm sorry. 15 MS . MICHAELIS : It 's 323-3524 . 16 CHAIRMAN WILCENSKI : Yes . Please 17 state your -- 18 MS . MARLAND: This is Deborah 19 Marland. I am speaking of behalf of a 20 number of my neighbors in (inaudible) 21 Hills . I would like Brian to once again 22 say where this barn is going to be moved? 23 And also request in the future that you 24 show both maps, the provisional approval 25 and the proposed map. So we wouldn't have October 5, 2020 Public Hearings 39 1 hard time determining where the move would 2 be to . 3 CHAIRMAN WILCENSKI : Brian, do you 4 have access to that? 5 MR. CUMMINGS : Yeah, I can pull it up 6 here- 7 MS. MARLAND: There was only one map 8 posted and it was the new proposal . But 9 not the old provisional one that we all 10 attended meetings for and hearings for. So 11 this is a bit of a surprise. 12 CHAIRMAN WILCENSKI : So if Brian t 13 can' t bring it up or even if he does bring 14 it up -- 15 MR. CUMMINGS : This is it right here. 16 So just clarify that . They' re both on 17 Laserfiche. This one that we' re looking at 18 now which is the previously approved plan 19 is in "Approved Plans . " Our site plan file 20 on Laserfiche. And then the proposed one 21 that is for this- application is currently 22 pending. So they're both under the same 23 Suffolk County Tax Map Numbers, but it' s 24 just how we file everything. So the one 25 that we -- October 5, 2020 Public Hearings 40 1 MS_ MARLAND: We don't see it, Brian. 2 The old map. We' re still looking at the. -- 3 yes . 4 MR. CUMMINGS: So this is the 5 approved site plan previously. The 6 original barn location. And then moving it 7 396 feet to the southwest: This is the 8 original -- sorry. This is the proposed 9 location now. 10 MS . MARLAND: You see my point then? 11 MR. CUMMINGS : That is why we're here 12 to kind of support. We don't send out all 13 plans for an amended site plan. What we t , 14 send out is the current proposal and 15 through the process and help educate the 16 public on what the current proposal is . 17 MS. MARLAND: Can you give me the 18 numbers then if you can't -- how many feet 19 was it moving? 20 MR. CUMMINGS : Don, do you want me to 21 go over that again, briefly? 22 CHAIRMAN WILCENSKI: Sure. You can 23 -- I was going to say you could call the 24 office and Brian can walk you through on 25 how to get on the website. We can quickly October 5, 2020 Public Hearings 41 1 now, just go over the dimensions . I 2 thought Brian did that at the beginning, 3 he went over how far it was being moved 4 and the offsets from the property line. 5 Were you listening -- 6 MS . MARLAND: Yes . Would you mind 7 giving me that number again because it 8 came up so fast? I want to be sure I 've 9 gotten it. 10 CHAIRMAN WILCENSKI : Sure . 11 MS . MARLAND: And for some of those 12 that might have tuned it later. 13 MR. CUMMINGS : So it ' s proposed to 14 move about 398 feet to the southwest and 15 about 14 feet south. That front yard 16 extends a little bit. 17 MS. MARLAND: Okay. Just curious, 18 why? Why was it being moved? 19 CHAIRMAN WILCENSKI: Pat, can you 20 answer that question? Are you still on? 21 I mean, I understand it being moved closer 22 to the wetlands but that property has 23 wetlands on two sides . The one major issue 24 in my eyes that -- I mean, seeing it moved 25 farther to the west, I think it ' s going to r October 5, 2020 Public Hearings 42 1 be less of an eyesight from the Main Road, 2 from Route 25 . 3 MS . MARLAND: So you would be 4 enhancing the view shed? 5 CHAIRMAN WILCENSKI : The view 6 would be a lot more going east on Main 7 Road -- the building would definitely be 8 hidden behind some overgrowth. And I 9 don't think as far as ecologically, I 10 don't think it ' s any closer to the wetland 11 areas . To make it, you know, more of a 12 problem. 13 MS . MARLAND: Okay. 14 CHAIRMAN WILCENSKI : I can ask -- 15 Pat, if you want to interject? 16 MS . MOORE : Yes . I am here now. So 17 what was mentioned is correct. It is away 18 -- originally it was more centered on the 19 property. So certainly you could see it 20 more from the Main Road_ It is now more 21 tucked it. So it ' s further to the west . 22 So it ' s -- with the angle of the Main Road, 23 it won't be quite so visible. Also when 24 the surveyor was out providing topography 25 for the property, it -- the surveyor October 5, 2020 Public Hearings 43 1 actually found that this area was actually 2 a better area for proper drainage . And 3 for both the structure and just in general, 4 the drainage of the property. And so, that 5 -- so drainage plus also where it is being 6 moved is somewhat away from some of the 7 fields . So .it creates less disturbance to 8 the growing operation. Because being 9 tucked over to the corner, some of the best 10 agricultural land is more centered in the 11 area, particular where the barn was 12 originally proposed to go . So many -- 13 several reasons but it seemed to make 14 sense, given the comments that we were 15 receiving during the first -- the previous 16 Public Hearing. The preservation of more 17 of an open view shed, we thought that this 18 would be something that the community would 19 support as a modification. 20 CHAIRMAN WILCENSKI: Okay. We have 21 two more people that want to speak. Helen 22 already spoke. So you can speak after 23 Judith Miller. Jess, if you want to bring 24 her in? Good evening. Judith, you have to 25 unmute yourself and then you can speak -- October 5, 2020 Public Hearings 44 1 there you go. 2 MR. MILLER: Hello . This is actually 3 -- it 's David Miller. 4 CHAIRMAN WILCENSKI : Okay. 5 MR. MILLER: Judith Miller is my 6 wife. This (inaudible) barn a little bit. 7 That easement that the- Town was granted, 8 included not just development rights but 9 scenic rights as well. It was filed under 10 the development rights filed but there are 11 clearly scenic rights that were granted in 12 that. And I am wondering whether there i 13 has been any consideration of that given 14 with respect to this new plan. And I also 15 want ,to reiterate what I said at the 16 earlier hearing, I really do believe this 17 is a conveyance of the Town' s scenic rights 18 and it .ought to be regarded as that. It ' s 19 -- I think it has been mischaracterized as 20 purely as a development easement. If you 21 read that easement itself, words have 22 meanings . And the phrase that was used, it 23 was a long form or something. Sorry, but 24 the easement says quite clearly, that it ' s 25 a scenic easement as well. And the land in October 5, 2020 Public Hearings 45 1 question was designated as scenically 2 critical back when Maureen gave it or 3 sold it to the Town all those years ago. 4 So I guess, like I said, maybe this horse 5 has left the barn but I am not sure if the 6 Town lawyer ever got an opinion on that or 7 not. But it does seem like this really 8 should be regarded as the Town' s rights of 9 that scenic easement. And to -- I guess my 10 question tonight is really to what extent 11 of this scenic move has been taken into 12 consideration? 13 CHAIRMAN WILCENSKI : Pat, do you 14 want to answer that? I mean, to me 15 personally, you're talking about the scenic 16 easement from State Route 25? David? 17 MR. MILLER: Sorry? 18 CHAIRMAN WILCENSKI : When you speak 19 about the scenic easement, are you speaking 20 from Route 25 looking across the farm? 21 MR. MILLER: Well, I suppose more 22 generally. The easement -- the scenic 23 easement doesn't really depend on the 24 vantage point, does it? I suppose, yeah. 25 Route 25 might be viewed as less intrusive. October 5, 2020 Public Hearings 46 1 I can see how one would say that, but you 2 can have an agricultural use without. a huge 3 barn on the property. And I really think 4 this barn violates the terms of that scenic 5 easement and certainly violates what 6 Maureen thought she was selling to the 7 Town. Thought she was preserving in the 8 Town for the future . 9 CHAIRMAN WILCENSKI: Well, 10 preservation also allows for agricultural 11 buildings . 12 MR. MILLER: It does. But I have 13 looked at some of the history on that -- on 14 scenic easements. Whenever there is a 15 building that is going to be built on 16 property where scenic easements have been 17 granted, there has been an express 18 reservation of the right to build that 19 building of that particular type, of 20 those particular dimensions at that 21 particular site. None of that was in this 22 easement . 23 CHAIRMAN WILCENSKI: Okay. Well, 24 we will look into the easement. Like I 25 said -- 1 October 5, 2020 Public Hearings 47 1 MS. MOORE: If I could -- if I could 2 speak on that for a moment. Am I 3 unmuted? 4 CHAIRMAN WILCENSKI : Yes, you are. 5 We can hear you. 6 MS. MOORE: Okay. Thank you. As a 7 matter of fact, that issue was addressed at 8 the last hearing. There is a distinct 9 difference in the development rights from 10 the type of easements that were recorded 11 and the purchase price that is offered to 12 owners . This was purely an agricultural 13 -- agricultural easement. Every 14 agricultural easement incorporates some 15 language of scenic -- preservation of 16 scenic vistas, but it is purely -- I want 17 to say fluff language. It' s really 18 intended to be an agricultural easement. 19 There is -- the easements on this property 20 are absolutely clearly not restrictive 21 scenic easements . There is -- there is 22 language because of a scenic -- I will say 23 scenic easement but the preservation of 24 scenic views, that is all associates with 25 the agricultural development rights October 5, 2020 Public Hearings 48 1 program. There is clearly a difference 2 between a restrictive scenic easement 3 and agricultural easement. And that was 4 established the first round and it 5 continues today. The development of this 6 property is for agricultural purposes only. 7 It ' s a permitted right under the 8 development rights program. And I did 9 review all of the prior owners development 10 history and in fact, I think I was the 11 attorney for her when she sold the 12 development rights to the Town. This was 13 intended to be an agricultural operation. 14. In fact, Maureen had a very -- a chicken 15 growing operation there that was her -- 16 part of her plan. So I want to say this 17 issue was resolved the first time. It was 18 investigated by the Planning Board, the 19 Town Attorney. And there was no doubt 20 what is being proposed here is all 21 consistent with the agricultural 22 development rights program. So that is 23 an issue that would not interfere with our 24 plan. You know, I would remind the 25 participants that we still have an October 5, 2020 Public Hearings 49 1 approval for this same structure, more 2 centered on the property but it is really 3 a better plan overall for the agricultural 4 operation and also to enhance the 5 unobstructed views of the farm. So it is 6 positive change to the site plan, but we 7 still have the original plan that we could 8 revert too and build out. Certainly this 9 is what my client prefers because again, 10 he is running a farm here. And it ' s the 11 better plan for his farming operation. 12 And we would like to pursue it but not at 13 the expense of a long protracted fight of 14 whether this is a scenic easement or an 15 agricultural easement. 16 MR. MILLER: With all due respect, I 17 question how long it was investigated the 18 last time around. And I had looked about 19 two dozen now, the easement 's, and the 20 easements that have been on the file with 21 the Town. This clearly to me has 22 significant scenic rights associated with 23 it. In fact, Maureen reserved 5 acres of 24 the back of that land, because that is 25 where she was going to put her barn_ She October 5, 2020 Public Hearings 50 1 was going to put these kind of buildings . 2 That is why she reserved them. 3 MS . MOORE: I think it was reserved 4 for a single-family home. 5 MR. MILLER: Excuse me. 6 MS . MICHAELIS : I 'm sorry, I don't 7 mean to interrupt. I don' t think we can do 8 the back and forth. I think the Public 9 Hearing is supposed to be -- 10 CHAIRMAN WILCENSKI : Yes . It can' t 11 be a dialogue because we're trying to 12 record and we don't know who is speaking 13 back and forth. So Mr. Miller, why don' t 14 you finish your questions and concerns and 15 then we will move on. We have three more 16 people who would like to speak. 17 MR. MILLER: I think I have made my 18 point_ 19 CHAIRMAN WILCENSKI : Yes . 20 MR. MILLER: I really do think this 21 is a disposition, that the approval of this 22 barn on this site is a disposition of Town 23 property rights . It ' s not even a 24 regulatory issue. The Town has a property 25 right. Just like owning land. It own' s an October 5, 2020 Public Hearings 51 1 easement. And by not -- effectively it ' s 2 disposing of that easement to that current 3 owner. And we ought to be following the 4 , easement of disposition of a Town property 5 right, rather than viewing this as a 6 regularly matter in my view. 7 CHAIRMAN WILCENSKI : Thank you for 8 your comments and we will -- obviously 9 look into that, but I think Pat gave a good 10 explanation, but we will take another look 11 at that . Okay. Helen Hooke, you' re next 12 in line. 13 MS . MICHAELIS : Please remember just 14 to state your name before you speak_ 15 Thank you. 16 CHAIRMAN WILCENSKI : And you need to 17 unmute. 18 MS. HOOKE: Can you hear me now? 19 CHAIRMAN WILCENSKI: Yes . 20 MS . HOOKE: Just a couple of things 21 that Pat said concerning my first issue of 22 the planted -- the natural vegetation. I 23 am telling you what ' s there. You have a 24 lot of Japanese weed that is getting closer 25 and closer to it. That is coming from October 5, 2020 Public Hearings 52 t 1 Carol Taylor's old property. That is like 2 invading everything around that whole 3 little area. And you have like a lot of 4 mile-a-minute -- you have a lot of 5 invasive plants . And I have been really -- 6 I am the person with the pond on the 7 property. I have been spending the last 8 few years trying to fight the invasives, 9 and just have like really nice vegetation 10 there that is native . And I think you 11 really have to draw a distinction there and 12 planting plants that are native. Like for 13 example, Eastern Red Cedar is a native tree 14 that would be a wonderful Evergreen plant 15 that could be planted there. But you know, 16 to say "yes, the natural vegetation is 17 great, " whoa, you really have to check out 18 what is there. Not so wonderful. So I 19 think it would be great if they would do 20 something that is a better buffer than that 21 Japanese not weed and the stuff that is 22 there. The other thing, most of Pat ' s 23 response' s refer to the property is being 24 managed now. This is a 9, 000 square foot 25 building. That is maybe what Mr. Miller is October 5, 2020 Public Hearings 53 1 talking about. This thing is huge. 2 Gigantic. I think this is what he ' s 3 talking about. So any sort of farming 4 operation that happens in a 9, 000 square 5 foot barn is going to have a lot more farm 6 vehicles. That is why I was requesting 7 that they please park farther away from my 8 properties -- 9 (Audio Silence. ) 10 CHAIRMAN WILCENSKI : We have somebody 11 with 3524 , last four digits of the phone 12 number? 13 MS . MICHAELIS : Yes. Please remember 14 just to state your name before you speak. 15 This is Deborah Marland again. She spoke 16 before . 17 CHAIRMAN WILCENSKI: You just have to 18 unmute, Deborah. 19 MS. MARLAND: I do not have another 20 question. 21 MS . MICHAELIS : Okay. Thank you. 22 CHAIRMAN WILCENSKI: Ambriel Bostic? 23 MS. MICHAELIS : Please remember just 24 to state your name when you first start 25 speaking. October 5, 2020 Public Hearings 54 1 MS. BOSTIC: Okay_ This is Ambriel 2 Bostic again. I will try to be brief. I 3 wanted to clarify a couple of things just 4 because I am not -- not comfortable with 5 fluff language and I want to make sure 6 that I know the answer to the questions 7 that we asked earlier. Pat, when you 8 referred to the drainage being better in 9 the new location, I was wondering what you 10 mean by that because the way that I am 11 looking at it right now, it looks like the 12 new location is closer to the pond, the 13 titled wetlands . And anybody who is 14 familiar with the area, knows that if you 15 draw a line from the proposed site to 16 Narrow River Road where it ' s proposed now, 17 you will often see this large pool of water 18 that comes and goes and changes shape. It 19 stretches pretty far into the property. 20 You know, there is a culvert along the 21 road there too . So one, I am just 22 wondering if you mean the drainage into 23 Narrow River? Because I am curious about 24 that . I never saw any attempt to build the 25 buffer to along that edge of that property October 5, 2020 Public Hearings 55 1 as was recommended. Then my second 2 question was, in regard to Debra' s 3 question, which is why are we moving this? 4 And I guess, I would like to know if it ' s 5 in anticipation of the proposed 6 restoration of Narrow River? If it 's 7 because maybe on that edge of the property, 8 there will be more water flow and because 9 more of the land on the east is going to be 10 considered wetlands moving forward or is 11 there another reason? I am not sure that I 12 believe it' s just to be nice to neighbors 13 and have a better scenic view shed. 14 CHAIRMAN WILCENSKI : Well, I think 15 -- first of all, I just want to make it 16 clear to everyone that most of these 17 questions or all of the questions, thoughts 18 and concerns should be directed towards the 19 Board. And Pat really doesn't have to 20 answer these. All the questions, comments 21 and concerns are being -- this is being 22 recorded obviously. And it' s up to the 23 Planning Board and Planning staff to gather 24 all the answers and all the questions and 25 concerns of the town' s people. So with October 5, 2020 Public Hearings 56 J1 that said, if anybody else would like to 2 address the Planning Board and if Pat 3 would like to followup at the end, she 4 can. And if she does not want to, 5 obviously it ' s our job, the Planning Board 6 and Planning staff to answer all of your 7 questions and concerns . 8 MS . BOSTIC: Thank you very much. I 9 would appreciate it. I would love to -- 10 from anyone, hear the answers to those 11 questions . Thank you. 12 CHAIRMAN WILCENSKI : Okay. Thank 13 you. Would anybody else like to address 14 the Board on the Tenedios Barn and 15 Greenhouse Amended Site Plan? 16 (No Response . ) 17 CHAIRMAN WILCENSKI: Okay. I would 18 like to ask for a motion to close the 19 hearing and leave the hearing _open for 20 two more weeks for written comments so we 21 could gather more information on this 22 because of the fact the signs were 23 misdated when they were posted on the 24 farm? 25 MEMBER RICH: I will make that October 5, 2020 Public Bearings 57 1 motion that we close the hearing but keep 2 the hearing open for two weeks for written 3 comments . 4 CHAIRMAN WILCENSKI : Okay. And 5 again, that was being done because of the 6 dates on the posters that were put on the 7 property were wrong. So we will leave it 8 open for two more weeks . And listen, I 9 assure everyone in all their comments, that 10 we would all -- they would all be 11 addressed. And again, the two maps are on 12 the Laserfiche and if you need help 13 getting onto Laserfiche, you can call the 14 Planning staff or the Planning Department 15 at 765-1938, and thank you all for your 16 comments . And if you need to send more 17 comments to the Planning Board, you have 18 two more weeks to do that from tonight. So 19 thank you. So there is a motion on the 20 floor by Jim. 21 MEMBER SIDOR: I ` ll second. 22 CHAIRMAN WILCENSKI: Seconded by 23 Martin. Any discussion? 24 (No Response . ) 25 CHAIRMAN WILCENSKI: All in favor? October 5, 2020 Public Hearings 58 1 MEMBER EISENSTEIN: Aye. 2 MEMBER RAFFERTY: Aye. 3 MEMBER RICH: Aye. 4 MEMBER SIDOR: Aye. 5 CHAIRMAN WILCENSKI : Aye . 6 Motion carries . 7 Thank you. 9 ORIENT POINT CONSERVATION 10 SUBDIVISION 11 CHAIRMAN WILCENSKI : Okay. The last 12 item we have on tonight' s is The Orient 13 Point Conservation Subdivision. This 14 proposal is for a 75/75 clustered 15 Conservation Subdivision of 36. 14 acres, 16 currently comprised of 6 parcels, into 17 6 residential lots ranging in size from 18 0. 91 acres to 1. 83 acres, with 25 . 68 acres 19 from which development rights are proposed 20 to be sold to the Town of Southold, in the 21 R-80 and R-40 zoning districts . This 22 parcel is located at 32357 Old Main Street, 23 Orient. SCTM #1000-14-2-29 . 2 and 29. 3 and 24 29 . 4 and SCTM #1000-19-2-2, 3, & 12 . 2 . 25 So at this point, I would open the October 5, 2020 Public Hearings 59 i 1 floor up to anyone who would like to 2 make comments or concerns . And please 3 direct your comments or concerns to the 4 Planning Board. And please state your 5 name once you' re brought in by Jessica, 6 from staff. 7 MS. MICHAELIS: Pat Moore is the 8 agent for this application. I didn't you 9 if you wanted her to speak first? 10 CHAIRMAN WILCENSKI : Let ' s take the 11 questions and comment from the other 12 neighbors and people of concern first, 13 and will leave it for Pat. Pat, if you 14 would like to rebuttal, that is fine_ If 15 you don't, that is fine as well. Anything 16 -- again, I repeat, anything that has been 17 brought up or any concerns that are brought 18 up by neighbors will be addressed by the 19 Planning staff and eventually the Planning 20 Board. 21 MS . MICHAELIS : Robert Kuehn has his 22 hand raised. I will ask him to talk. 23 Please remember to state your name before 24 you speak. Anybody on the phone who would 25 like to raise your hand, you can press October 5, 2020 Public Hearings 60 1 *9. 2 CHAIRMAN WILCENSKI : Robert, you need 3 to unmute: You have your hand up. 4 MR. KUEHN: Thank you. My apologies . 5 Good evening, Mr. Chairman and Members of 6 the Board. My name is Robert Kuehn. I am 7 one of the adjoining land owners located on 8 Windward Road. For your information, it ' s 9 a small community, six homes. Each one 10 well appointed. Each one who ' s backyard 11 adjoins this property is equipped with a 12 swimming pool and all of the wonderful 13 accessories of summer. And hence my 14 comments, which I delivered to the Board 15 late last week, which are primarily 16 focused on the proposed placement of the 17 roadway, as well as, the composition -- the 18 central composition of the roadway and the 19 vegetated area. My first comment was 20 essentially focused on -- again, the wisdom 21 of the placement of the roadway due to the 22 significant impact that it will have on the 23 quiet enjoyment of the adjoining homes . 24 Again, not knowing full details regarding 25 the roadway, we envision, you know, there October 5, 2020 Public Hearings 61 1 could be significant noise, dirt, light 2 pollution. In fact, I would submit that 3 my property which is designated Lot #3 on 4 the left side, would be the recipient of a 5 parade of headlights after these homes are 6 built. So I have particular concern 7 regarding that design of the roadway if 8 that were to remain in its current 9 position. So that is the first concern, 10 which is placement and overall composition 11 in any covenants regarding the roadway. I 12 wasn't able to locate any description of 13 that in the Town' s very detailed file . 14 Again, you know, I would submit that 15 there are probable reasonable solutions 16 that could mitigate the impact on the 17 neighbors. And I would also submit that I 18 would be happy to engage whomever would be 19 appropriate with that conversation. 20 CHAIRMAN WILCENSKI: Okay. Thank you 21 for your comments . We will obviously get 22 all the information as this progresses . 23 Off-hand, like I said, your comments and 24 concerns will be addressed. Okay. And we 25 will keep you abreast of how this moves October 5, 2020 Public Hearings 62 1 forward. 2 MR. KUEHN: I appreciate your 3 attention to it. Thank you very much. 4 CHAIRMAN WILCENSKI : Okay. Before 5 we go any further, I am sorry, I should 6 have let Pat in just to open up the floor 7 on this application. I apologize. Pat, do 8 you want to give just a quick overview of 9 your application? 10 MS . MOORE : Okay. I am working 11 through the phone. I was fine with your 12 approach, just responding, but I am happy 13 -- I will present briefly this subdivision. 14 This is a property that was several 15 parcels . There are six independent parcels 16 that could each independently be developed. 17 Where Mr. Papas, who has since passed away, 18 his -- the two Papas ' , the brother and 19 sister, their children are now the -- the 20 group of people that are more interested in 21 preservation then full development. For 22 many years Mr. Papas wanted to full develop 23 this property. It is a one acre zoned 24 parcel on the east. And two acre zoned 25 parcel on the west. He was adamant that he October 5, 2020 Public Hearings 63 1 wanted to fully develop. However, the 2 second generation was more interested -- 3 one of the parties certainly is farming 4 the property right now. And the plan was 5 put together to create a conservation 6 subdivision here, where there are only four 7 waterfront lots, one AG lot and then most 8 of the land is in -- is for preservation 9 and agricultural. So the reason that the 10 road was designed the way it was, one, it ' s 11 the shortest distance and removes the -- 12 reduces the amount of the land that is 13 taken away from agriculture . The way that 14 this road was designed is significantly 15 wider than what would necessarily be 16 required for lot ' s on the sound -- actually 17 four lots plus one. Five lots . It 18 actually provides for a 24 foot vegetated 19 buffer before you reach the area that is to 20 be the road for these lots . So the design 21 was intentionally -- it was done in this 22 way. One for the maximum amount of 23 agricultural preservation. And in part, 24 because of development rights program 25 tries to have contiguous agricultural land, October 5, 2020 Public Hearings 64 1 rather than having it bisected by a road. 2 So while I am -- appreciate the comments 3 from the neighbors, if we were to move the 4 road to an opposite side, it would actually 5 bisect the agricultural land to the east, 6 which also has development rights sold 7 restrictions. So the design was somewhat 8 intentionally done this way. Really to 9 conform with the preservation goals of the 10 Town, rather than, you know, maybe 11 certainly how my client would love a center 12 road and private entrance and so on. That 13 is very nice, but it would create a 14 division of the agricultural land, which is 15 now being farmed by the family. So I will 16 continue to listen and try to comment or 17 respond to any comments. I believe that is 18 really the principle behind this 19 development . Thank you. 20 CHAIRMAN WILCENSKI : Thank you, Pat. 21 I think we have Joe LaFauci . Please state 22 your name. 23 MR. LAFAUCI: My name is Joseph 24 LaFauci . And I presently -- I am on 25 Windward Road. I am a neighbor of October 5, 2020 Public Hearings 65 1 Robert Kuehn. I actually spoke to Peter 2 who farms the land and my concern -- and we 3 have discussed this for now over a year. 4 And my concern, just like Bob' s, is the 5 road. There is -- the airport which is 6 closed, is not being farmed. When -- when 7 the road -- when the cars and the machinery 8 and the tractors go to farm the property at 9 the present time, they're actually going 10 down right the middle . They' re not going 11 in our backyards, which is literally feet 12 away from our swimming pools. And I don' t 13 see any reason why that would be a 14 disturbance to the agricultural use of the 15 subdivision. If the road goes in the 16 backyard of those five homes, on Windward 17 Road, it would be -- it would not be good. 18 It would be a tremendous inconvenience. It 19 would -- for the homeowners, it would be a 20 disaster because you' re talking about -- 21 it' s a whole different ball game when the 22 -- when grass is picked up and the gravel 23 is put down and cars go by. This means we 24 will have roads in the front of our yards 25 and the back of our yards. When we October 5, 2020 Public Hearings 66 1 purchased here and built our homes, and 2 it ' s a great street if any of you have come 3 down here, it would -- it would take -- it 4 would take away. It wouldn't be Orient. 5 Orient is space and it ' s clean. It ' s all 6 of those things that make us all proud to 7 be here. It would be very disappointing to 8 say the least if the road was put right in 9 our backyards, when there is 36 1/2 acres 10 to use for it. That ' s all I have to say. 11 And I would appreciate it, Mr. Chairman, if 12 you would really consider that because 13 we ' re very concerned about this . 14 CHAIRMAN WILCENSKI : Okay. Thank 15 you for your comments and it will be 16 addressed. We will look into it. Like Pat 17 said, a lot of this -- a lot of the design 18 goes to -- there is two sides to this . 19 Preserving open space, which everybody 20 wants to do. And Land Preservation 21 Committee has a say in this as well, but 22 your comments will be addressed. Thank 23 you. 24 MR. LAFAUCI : Thank you. 25 CHAIRMAN WILCENSKI: Okay. Would October 5, 2020 Public Hearings 67 1 anybody else like to address the Board? 2 Anybody else? Peter, if you unmute, 3 please state your name and speak to the 4 Board? 5 MR. VASILAS : Am I allowed to speak? 6 I am one of the owners? 7 CHAIRMAN WILCENSKI: Sure. If you 8 would like to speak, yes . 9 MR. VASILAS : Well, I was just 10 listening to the comments and I found them 11 quite interesting that they would be a 12 disaster, since the farm was there before 13 Mr. Lafauci ' s house was built and before 14 another house was built. And we use that 15 road between my deer fence and his fence as 16 a road now. And I would say that -- I 17 don't care if it' s gravel or not. And they 18 all have privets there that are growing, 19 and we don't see their swimming pool 20 anymore. And I allowed them to cut the 21 lawn in front of their house . And one of 22 our neighbors, Joel Iosacki, he uses that 23 road. He mows it, and it' s quite adequate 24 and good drainage. It ' s a road already. 25 As far as the other comment, that it would October 5, 2020 Public Hearings 68 1 be a parade. of headlights, I mean -- 2 first of all, no one has any plans to 3 build right now anyway, except for maybe 4 me. And it seems to me -- it ' s a farm. 5 And it has been there for a long time as a 6 farm. The whole idea was to keep it open 7 space. And I would think that the 8 neighbors would appreciate that. And it ' s 9 not -- it' s even an organic farm. So we ' re 10 not spraying, like pesticides -- (Audio 11 Silence. ) -- road down the middle and 12 actually on the other side. If we go all 13 the way to the east, that would split -- it 14 wouldn't make the land contiguous with 15 other preserved lands . And it wouldn't 16 meet the 75/75 requirement anyway because 17 the road would be twice as long. So and 18 then the Town is -- they want between 19 everybody, the road would have to go on 20 that side. It' s the shortest way and that 21 was said already. So let me see if I have 22 any other points here. I think that is 23 about it for now. Okay. And that we're -- 24 we revised the plan a few times and the 25 road was found to be in the best place A October 5, 2020 Public Hearings 69 1 there. And at most, it would be four 2 houses there. Five possibly. And we 3 don't -- no one has any plans to sell it. 4 A lot of this is to split it up between the 5 two families . Not even for development 6 purpose. So -- and as far as it being a 7 disaster to homeowners, I hardly think so. 8 That is all I have to say for now. 9 CHAIRMAN WILCENSKI: Thank you. 10 Would anyone else like to address the 11 Board? 12 MR. TERRY: Mr. Chairman, this is } 13 Mark Terry, Assistant Town Planning 14 Director. 15 CHAIRMAN WILCENSKI: Yes, Mark. 16 MR. TERRY: I just want to explain 17 the map that you see before you. Do you 18 see the protected lands map? 19 CHAIRMAN WILCENSKI : Yes . 20 MR. TERRY: Do you see the purplish 21 parcels? Those are preserved lands . And 22 the land -- the subject parcels that we're 23 talking about, as you see with the hand, is 24 this one . This one . This one . This one . 25 This one and this one. So there is October 5, 2020 Public Hearings 70 1 single and separate parcels as a starting 2 point. The total yield on the parcel is 3 six with a 75% reduction of total density 4 and a 75% requirement to preserve lands . 5 One of the comments made in the past when 6 we were going through a concept design was, 7 to try to have a continuos block of 8 preserved lands as you move ahead in the 9 design process. The applicant ' s agent 10 stated the road was proposed at one point 11 in this location; however, there was some 12 resistance from several different people 13 as well as the Committee, that it would 14 bisect the preserved land as moving 15 forward. I just wanted to clarify that 16 for you. 17 CHAIRMAN WILCENSKI: Thank you, Mark. 18 Going back to the cue, does anybody else -- 19 would anybody else like to address the 20 Board? I don't see any hands up. Anyone 21 else? 22 MEMBER RICH: Mr. Chairman, I make a 23 motion to close the hearing. 24 CHAIRMAN WILCENSKI : Okay. Motion 25 made by Jim. Can I get a second? October 5, 2020 Public Hearings 71 1 MEMBER SIDOR: Second. 2 CHAIRMAN WILCENSKI : Motion made by 3 Jim and seconded by Martin. Any 4 discussion? 5 (No Response . ) 6 CHAIRMAN WILCENSKI : All in favor? 7 MEMBER EISENSTEIN: Aye. 8 MEMBER RAFFERTY: Aye . 9 MEMBER RICH: Aye. 10 MEMBER SIDOR: Aye . 11 CHAIRMAN WILCENSKI : Aye . 12 Motion carries . Thank you all very 13 much. 14 15 (Conclusion of Public Hearings. ) 16 17 18 19 20 21 22 23 24 25 October 5, 2020 Public Hearings 72 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 October 5, 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 October, 2020 . 20 21 _ RECEIVED f 22 Jessica DiLallo a 23 2 1 2022 24 Southold Town Clerk 25