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HomeMy WebLinkAboutPBA-04/11/2022 OFFICE LOCATION: MAILING ADDRESS: Town Hall Annex OF SOU P.O.Box 1179 54375 State Route 25 O�� ryOl Southold, NY 11971 (cor.Main Rd. &Youngs Ave.) P Southold,NY Telephone: 631 765-1938 COO www.southoldtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Denis Noncarrow, Town Clerk From: Jessica Michaelis, Planning Department Date: April 13, 2022 Re: April 11, 2022 Planning Board Public Meeting Attached please find the Final Agenda and Approved Resolutions from the April 11, 2022 Planning Board Public Meeting. A Records Transmittal Form has been submitted to Records Management. OFFICE LOCATION: MAILING ADDRESS: Town Hall Annex OF SOU P.O.Box 1179 54375 State Route 25 O�� P.O. Southold, NY 11971 (cor.Main Rd. &Youngs Ave.) '` Telephone: 631765-1938 Southold,NY P www.southoldtownny.gov UNT`(,� PLANNING BOARD OFFICE TOWN OF SOUTHOLD PUBLIC MEETING AGENDA Monday, April 11, 2022 6:00 p.m. Options for public attendance: ♦ In person: Location: Southold Town Hall, 53095 NYS Route 25, Southold. or ♦ To join via computer: .Click Here or Online at the website zoom.us Click "Join a Meeting" Meeting ID: 89121817401 Password: 570535 ♦ join by telephone: Call 1(646)558-8656 Enter Meeting ID and password when prompted (same as above) Southold Town Planning Board Public Meeting — March 14, 2022 — Page 2 SETTING OF THE NEXT PLAN N,INO BOARD MEETING Board to set Monday, May 9, 2022 at 6:00 p.m. as the time for the next regular Planning Board Meeting. ;SUBDIVISIONS CONDITIONAL SKETCH PLAT DETERMINATION: Kalagiros Standard Subdivision —This standard subdivision proposes to subdivide a 4.28 acre parcel into two lots where Lot 1 equals 2 acres and Lot 2 equals 2 acres in the Agricultural Conservation zoning district. The property is located at 18365 CR 48, Cutchogue. SCTM#1000-95-4-16.1 CONDITIONAL PRELIMINARY PLAT DETERMINATION: Walsh Park Standard Subdivision —This proposal is for a Standard Subdivision of a 3.82-acre parcel into three lots, where Lot 1 is 0.59 acres, Lot 2 is 2.16 acres and Lot 3 is 1.08 acres in the Hamlet Density zoning district. The property is located on the south side of Winthrop Avenue and the west side of Equestrian Avenue, Fishers Island. SCTM#1000-9-10-10 PRELIMINARY PLAT EXTENSION: Mazzoni Subdivision —This proposal is for a Standard Subdivision of a 22.94 acre parcel into 5 lots where Lot 1 = 2.34 acres, Lot 2 = 1.78 acres, Lot 3 = 2.18 acres, Lot 4 = 0.56 acres, Lot 5 = 16.06 acres inclusive of a 0.97 acre right-of-way, 8.58 acres of Open Space and 6 acres of a Conservation Easement held by the Peconic Land Trust (PLT) located in the R-80 Zoning District. The property is located at 500 Soundview Drive, approximately 782' to the north of NYS Route 25 and 256' to the east of Sound View Drive, Orient. SCTM#1000-13-2-8.2 CONDITIONAL FINAL PLAT EXTENSION: Pederson Standard Subdivision —This proposal is for the Standard Subdivision of a 9.2-acre parcel into 3 lots, where Lot 1 is 5.1 acres, Lot 2 is 2.3 acres, and Lot 3 is 1.8 acres, In the R-40 Zoning District. This parcel is located south of the intersection of Aquaview Avenue and Circle Drive in East Marion. SCTM#1000-21-3-15 FINAL DETERMINATION: Astley Resubdivision —This resubdivision proposes to merge two parcels into a single 1.35 acre parcel in the R-40 Zoning District. The property is located at 460 North View Drive, Orient. SCTM#1000-13-1-5.2 & 6 Southold Town Planning Board Public Meeting — March 14, 2022 — Page 3 .......... ...................... ........... ...................... ........................ .................................................................. ............ ..................... .................................................................................................................. " SITE,,'f:PLAN APPLICATIONS STATE ENVIRONMENTAL QUALITY REVIEW ACT DETERMINATION: Hard Corner Southold Mixed Use—This site plan is for the proposed construction of a 2-story 4,983 sq. ft. mixed-use building fronting NYS Route 25 with retail on the first floor and three (3) apartments on the second floor, and 25 parking stalls; and four (4) 1,597 sq. ft. rental units (age-restricted 55+) along Wells Avenue, all on 2.28 acres in the Hamlet Business (HB) Zoning District. The property is located at 53530 Route 25, Southold. SCTM#1000-61-4-1 PUBLIC HEARING ' 6:01 PM —The Enclaves Hotel —This proposed site plan is for the construction of a 44- unit, two-story hotel (62,338 sq. ft.), including 59,962 sq. ft.in the main building, 2,376 sq. ft. in 4 detached cottages, a full basement, accessory meeting/event and personal services spaces, an outdoor swimming pool, and the conversion.of a two-story dwelling to a 74-seat restaurant (3,610 sq. ft.), with a total of 160 parking spaces on a 6.75acre parcel in the Hamlet Business zoning district. The property is located at 56655 NYS Route 25, Southold. SCTM#1000-63-3-15 OFFICE LOCATION: MAILING ADDRESS: Town Hall Annex ®F 0P.O.Box 1179 54375 State Route 25 ®�� ��®� Southold,NY 11971 (cor. Main Rd. &Youngs Ave.) Southold, NYTelephone: 631 765-1938 aw www.southoldtownny.gov ®Uwv' PLANNING BOARD OFFICE TOWN OF SOUTHOLD April 12, 2022 Larry Buscemi P. O. Box 679 Mount Sanai, NY 11766 Re: Conditional Sketch Plat Approval Kalargiros Standard Subdivision 18365 County Route 48, Southold SCTM#1000-1000-95-4-16.1 Dear Mr. Buscemi: The Southold Town Planning Board adopted the following resolutions at a meeting held on Monday, April 11, 2022: WHEREAS, this standard subdivision proposes to subdivide a 4.28 acre parcel into two lots where; Lot 1 equals 2 acres and Lot 2 equals 2 acres in the Agricultural Conservation zoning district; and WHEREAS, on April 12, 2021 the applicant submitted a Sketch Plan application and fee; and WHEREAS, at their work session on June 7, 2021, the Planning Board found the Sketch Plan Application incomplete; and WHEREAS, on January 20, 2022 the applicant submitted a revised Sketch Plan application, the correct fee and missing required information; and Kalargiros Standard Subdivision Page 12 April 12, 2022 WHEREAS, on March 28, 2022, at their work session, the Planning Board reviewed the submission and found the Sketch Plat application was complete and ready for a determination pursuant to Town Code §240 Subdivision of land, therefore be it RESOLVED, that the Southold Town Planning Board grants a Conditional Sketch Plat Approval upon the map entitled, "Sketch Plan for the Standard Subdivision of Kalargiros", prepared by Peter V. Brabazon, PLS, dated April 17, 2021 and last revised December 28, 2021, with the following conditions: a. Submit a road and drainage plan for the "Future Road" access meeting all. requirements for public road construction and dedication to the Town as specified by Southold Town Code section 161 Highway Specifications. b. Show building envelopes on each lot. c. Establish, show and label perimeter buffers on each lot compliant with the required limits of clearing. A total lot area of 25 percent is permitted to be cleared on each lot. The building envelopes cannot encroach into the limits of clearing. The next step to continue towards approval is to meet all conditions stated above, and to submit a complete Preliminary Plat Application and Fee. Sketch Plan Approval shall expire six months from the date the Planning Board adopted its resolution of approval unless extended by further resolution of the Planning Board. If you have any questions regarding the information contained in this resolution, please contact the Planning Board Office at (631) 765-1938. Respectfully, Donald J. WiIcenski Chairman OFFICE LOCATION: MAILING ADDRESS: Town Hall Annex ®f S0P.O.Box 1179 54375 State Route 25 ®�� j/;°®� Southold, NY 11971 (cor.Main Rd. &Youngs Ave.) Southold,NY Telephone: 631765-1938 www.southoldtownny.gov �yCOUNV PLANNING BOARD OFFICE TOWN OF SOUTHOLD April 12, 2022 Martin Finnegan, Esq. Finnegan Law, P.C. P.O. Box 1452 Mattituck, NY 11952 Re: Walsh Park Standard Subdivision Conditional Preliminary Plat Approval Location: south side of Winthrop Drive and west side of Equestrian Avenue, Fishers Island SCTM# 1000-9.-10-10 Zoning District: HD Dear Mr. Finnegan: The Southold Town Planning Board adopted the following resolutions at a meeting held on Monday, April 11, 2022: WHEREAS, this proposal is for a Standard Subdivision of a 3.82-acre parcel into three lots, where Lot 1 is .59 acres and contains two residential dwellings and a sewer easement, Lot 2 is 2.16 acres and contains a sewer and water easement and Lot 3 is 1.08 acres and contains two residential dwellings, a right of way and water easement. and WHEREAS, on July 30, 2021, the applicant submitted an Existing Resources and Site Analysis Plan, Yield Plan and Sketch Plan application and fee; and WHEREAS, on August 9, 2021 the Planning Board determined that the Sketch Plan application was complete and required additional minor changes to the Yield Plan and Sketch Plan, with the understanding that these changes would be listed as conditions in the Conditional Sketch Plat Approval, and could be made in the Preliminary Plat application; and WHEREAS, on August 9, 2021, the Southold Town Planning Board, pursuant to State Environmental Quality Review Act (SEQRA) 6 NYCRR, Part 617, determined that the Walsh Park Benevolent Corp Standard Subdivision P a g e 12 April 12, 2022 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 August 9, 2021, the Planning Board, at their Work Session, reviewed the submitted map and found that all requirements have been met pursuant to Article V Sketch Plat; and WHEREAS, the applicable Conditional Sketch Plan Approval conditions have been met, and WHEREAS, on December 15, 2021 the applicant submitted a Preliminary Application a revised plat, and a check in the amount of$1000.00, and WHEREAS, on February 7, 2022, the Southold Planning Board found the Preliminary Plat Application complete at their work session, and WHEREAS, on November 1, 2021 the Southold Town Planning Board had determined that this proposed action is Consistent with the policies of the Town of Southold Local Waterfront Revitalization Program; and WHEREAS, on February 8, 2022 the Southold Town Planning Board, pursuant to State Environmental Quality Review Act (SEQRA) 6 NYCRR, Part 617, granted a Negative Declaration for the action, and WHEREAS, due to the unique circumstances of this subdivision where two of the three lots are already developed with residences, and the vacant lot will be reviewed by the Planning Board as a residential site plan, the Park & Playground Finding will be deferred until the site plan application process for the vacant lot; and WHEREAS, a public hearing was held on March 14, 2022, on the Preliminary Plat and closed and no substantial comments were heard; and WHEREAS, the Planning Board finds that this Preliminary Plat application is ready for a determination pursuant to Town Code §240 Subdivision of land; therefore be it RESOLVED, that due to the fact that this action requires a Public Referendum that has not been voted upon; the Planning Board has agreed to defer the Bond Estimate, Performance Guarantee, and Stormwater Control Plans to the Final Plat Application process; and be it further RESOLVED, that the Southold Town Planning Board hereby grants Conditional Preliminary Plat Approval upon the map entitled "Walsh Park Benevolent Corporation Standard Subdivision Prepared for Walsh Park Benevolent Corp", prepared by CHA, on December 3, 2021, and dated as revised on January 31, 2022, with the following condition: Walsh Park Benevolent Corp Standard Subdivision P a g e 13 April 12, 2022 1. Approval by the Fishers Island Sewer District verifying that there is sufficient capacity for the proposed development will be required prior to Final Plat Approval. The next step to continue toward Final Plat Approval is to meet all conditions stated above, and the submission of a Final Plat Application and Fee. Note additional changes to the Final Plat and/or documents may be required by the Planning Board. Content of the Covenants and Restrictions and other legal documents needed for subdivision approval will be provided to the applicant by the Planning Board. Preliminary Plat Approval shall expire six months from the date the Planning Board adopted its resolution of approval unless extended by further resolution of the Planning Board, such extension is not to exceed a total of 180 days. In the event that the:applicant shall fail to apply for approval of a Final Subdivision Plat prior to the expiration of the Preliminary Plat Approval, all documents required by this section shall be re-submitted and a second Preliminary Plat Fee shall be paid before any application for Final Plat Approval shall be accepted or processed. If you have any questions regarding the information contained in this resolution, please contact the Planning Board Office at (631) 765-1938. ,—sk ��)DO Donald J. Wilcenski Chairman OFFICE LOCATION: MAILING ADDRESS: Town Hall Annex ®F S0P.O.Box 1179 54375 State Route 25 ®�� j�®� Southold, NY 11971 (cor.Main Rd. &Youngs Ave.) Southold, NY � � Telephone: 631 765-1938 www.southoldtownny.gov CON` I PLANNING BOARD OFFICE TOWN OF SOUTHOLD April 12, 2022 Karen Hoeg, Esq. Twomey, Latham, Shea, Kelley, Dubin & Quartaro, LLP P.O. Box 9398 Riverhead, NY 11901 Re: Extension of Preliminary Plat Approval Proposed Standard Subdivision for Mazzoni Located at 500 Soundview Drive, approximately 782' to the north of NYS Route 25 and 256' to the east of Soundview Drive, Orient SCTM#1000-13-2-8.2 Zoning District: R-80 Dear Ms. Hoeg: The Southold Town Planning Board adopted the following resolution at a meeting held on Monday, October 4, 2021: WHEREAS, this proposal is for a Standard Subdivision of a 22.94 acre parcel into 5 lots where Lot 1 = 2.17 acres, Lot 2 = 1.78 acres, Lot 3 = 2.14 acres, Lot 4 = 0.73 acres, Lot 5 = 16.15 acres inclusive of a 1.14 acre right-of-way, 8.58 acres of Open Space and 6 acres of a Conservation Easement held by the Peconic Land Trust (PLT) located in the R-80 Zoning District; and. WHEREAS, that on March 10, 2020 the Southold Town Planning Board granted Conditional Preliminary Plat Approval upon the map entitled "Subdivision Henry Mazzoni at Orient", dated September 25, 2019, and the "Preliminary Road and Drainage Plan" dated September 25, 2019 prepared by Howard Young, Licensed Land Surveyor; and WHEREAS, on March 12, 2020 the Town of Southold declared a state of emergency due to the COVID-19 Pandemic; and Mazzoni Standard Subdivision Pae 12 April 12, 2022 WHEREAS, Conditional Preliminary Plat Approval expired on March 8, 2021 and the decision was being litigated; and WHEREAS, on October 4, 2021 the Planning Board extended the Conditional Preliminary Plat Approval to April 11, 2022; and WHEREAS on September March 22, 2022 the applicant submitted a letter requesting that Conditional Preliminary Plat Approval be extended from April 11, 2022 to October 3, 2022; therefore be it RESOLVED, that Conditional Preliminary Plat Approval is hereby extended from April 11, 2022 to October 3, 2022. If you have any questions regarding the information contained in this resolution, please contact the Planning Board Office. Respectfully, Donald J. Wilcenski Chairman OFFICE LOCATION: MAILING ADDRESS: Town Hall Annex ®� soP.O. Box 1179 54375 State Route 25 ®�� ��®� Southold,NY 11971 (cor.Main Rd. &Youngs Ave.) Southold, NY Telephone: 631765-1938 www.southoldtownny.gov c®UNTY,� PLANNING BOARD OFFICE TOWN OF SOUTHOLD April 12, 2022 Charles Cuddy, Esq. P.O. Box 1547 Riverhead, NY 11901 Re: Extension of Conditional Final Plat Approval Pederson Standard Subdivision 670 Circle Drive, located on the southeast side of Circle Drive, +/- 70' south of Aquaview Avenue, East Marion. SCTM#1000-21.-3-15 Zoning District: R-40 Dear Mr. Cuddy: The Southold Town Planning Board adopted the following resolution at a meeting held on Monday, April 11, 2022: WHEREAS, on September 13, 2021 the Planning Board granted Conditional Final Plat Approval upon the application, with expiration set to occur in six months; and WHEREAS, the Conditional Final Plat Approval expired on March 13, 2022; and WHEREAS, the applicant has requested more time to meet the conditions of the approval; therefore be it RESOLVED that the Southold Town Planning Board hereby extends the Conditional Final Plat Approval for an additional six months beginning on March 13, 2022 and expiring on September 13, 2022. The next step to continue towards Final Plat Approval is to meet all conditions stated in the original Conditional Final Plat approval resolution. This extension of the Conditional Final Plat Approval shall expire on September 13, 2022, unless extended by further resolution of the Planning Board. Pederson Standard Subdivision Page 12 April 12, 2022 If you have any questions regarding the information contained in this resolution, please contact the Planning Board Office at (631) 765-1938. Respectfully, Donald J. Wilcenski Chairman OFFICE LOCATION: MAILING ADDRESS: Town Hall Annex P.O. Box 1179 54375 State Route 25 ®�� ��®� Southold,NY 11971 (cor. Main Rd. &Youngs Ave.) Southold,NY Telephone: 631 765-1938 www.southoldtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD April 12, 2022 Martin Finnegan, Esq. Finnegan Law, P.C. P.O. Box 1452 Mattituck, NY 11952 Re: Final Plat Approval Astley Resubdivision 460 and 320 North View Drive, Orient SCTM#1000-13-1-5.2 & 6 Dear Mr. Finnegan: The following resolutions were adopted at a meeting of the Southold Town Planning Board on April 11, 2022: WHEREAS, this resubdivision proposes to merge SCTM#s 1000-13-1-5.2 (0.79 ac.) and 13-1-6 (0.56 ac.) into a single conforming lot of 1.35 acres. Each lot contains a single family home. The home on Lot 6 will be partially demolished and a pool installed along with a pool house in the remaining area of the house; and WHEREAS, this application has received approvals from the Zoning Board of Appeals and the Southold Town Trustees; and WHEREAS, this application is EXEMPT from review by the Local Waterfront Revitalization Program and the Suffolk County Planning Commission as no new development potential will come as a result of this resubdivision; 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 11 Action under SEQRA according to 617.5(c)(16) "granting of individual Astley Resubdivision April 12, 2022 setback and lot line variances and adjustments". An earlier SEQRA classification of Unlisted was made in error; and WHEREAS, this merger of two recognized parcels is consistent with the Southold Town Comprehensive Plan in that it is making two non-conforming lots into a single conforming lot; and WHEREAS, pursuant to §240-56 Waivers of certain provisions, the Southold Town Planning Board shall have the authority to modify or waive, subject to appropriate conditions, any provision of these subdivision regulations, if in its judgment they are not requisite in the interest of the public health, safety and general welfare, except where such authority would be contrary to other ordinances or state law; and WHEREAS, the Southold Town Planning Board has determined that the following provisions of the Southold Town Code §240 Subdivision of Land are not requisite in the interest of the public health, safety and general welfare because this resubdivision is merging two recognized lots both developed with single family homes, is removing one of the homes, and will not create any additional residential building lots, and therefore are eligible for a waiver: a. Sketch Plat Review; b. Existing Resources Site Analysis Plan (ERSAP); c. Yield Plan; d. Primary & Secondary Conservation Area Plan; e. Preliminary Plat Review; f. Public Hearing; and WHEREAS, pursuant to the resubdivision policy set by the Planning Board in February 2011, this application is eligible for a decision from the Planning Board prior to receiving approval by the Suffolk County Department of Health Services (SCDHS) as it meets the following criteria set forth in that policy: • Both parcels are developed with single family homes and cannot be further subdivided to create additional lots; and • Where no new development potential will be created; and WHEREAS, on March 28, 2022, at their Work Session, the Planning Board determined that the relocation of driveways in this case is outside of their purview; and WHEREAS, on March 28, 2022, at their Work Session, the Planning Board determined that the application met the requirements of Chapter 240, Subdivision of Land; be it therefore; 2 Astley Resubdivision April 12, 2022 RESOLVED, that the Southold Town Planning Board, pursuant to §240-56 Waivers of certain provisions, hereby waives the following provisions of subdivision: a. Article V. Sketch Plat Review; b. §240-10 (A): Existing Resources Site Analysis Plan (ERSAP); c. §240-10 (8):Yield Plan; d. §240-10 (C): Primary & Secondary Conservation Area Plan; e. Article VI: Preliminary Plat Review; and f. Public Hearing; and be it further RESOLVED, that the Southold Town Planning Board hereby waives the requirement to receive approval from the Suffolk County Department of Health Services prior to approval of this resubdivision by the Southold Town Planning Board; and be it further RESOLVED, that the Southold Town Planning Board grants Final Plat Approval upon the survey certified to Chris &Amy Astley, prepared by Kenneth M. Woychuk, licensed surveyor, dated February 25, 2019, and last revised January 12, 2022. The map for this resubdivision will be kept on file with the Southold Town Planning Department. Please submit evidence that the deed has been submitted to the Suffolk County Clerk for recording to the Southold Town Planning Department within 62 days of the date of Final Approval, or such approval shall expire and be null and void. The statement below must be signed by the property owner prior to the Planning Board Chairperson's signature to validate this approval resolution. If you have any questions regarding the information contained in this resolution, please contact the Planning Board Office. Respectfully, Donald J. Wilcenski Chairman I understand that Southold Town Planning Board approval of this Resubdivision does not grant, guarantee or waive any approvals that may be required from the Suffolk County Department of Health Services (SCDHS). I understand that.I will need to apply separately to the SCDHS for any applicable approvals. Signature of(Property Owner 1) Print Name 3 OFFICE LOCATION: MAILING ADDRESS: Town Hall Annex ®� s®UI, P.O. Box 1179 54375 State Route 25 ®� � Southold, NY 11971 (cor.Main Rd. &Youngs Ave.) Southold NY Telephone: 631765-1938 www.southoldtownny.gov cou 11 PLANNING BOARD OFFICE TOWN OF SOUTHOLD April 12, 2022 Mr. Robert Brown 205 Bay Avenue Greenport, NY 11944 Re: SEQR Determination — Hard Corner Southold Mixed Use 53530 NYS Route 25, Southold SCTM#1000-61.4-1 Zoning District: Hamlet Business — HB Dear Mr. Brown: The following resolutions were adopted at a meeting of the Southold Town Planning Board on Monday, April 11, 2022: WHEREAS, this site plan is for the proposed mixed-use construction of a 2-story 7,812 gross sq. ft. building fronting NYS Route 25 with 4,983 sq. ft. of retail on the first floor and three (3) affordable housing apartments totaling 2,829 gross sq. ft. on the second floor and 30 parking stalls; and four (4) 1,597 sq. ft. residential rental units (reserved for 55 and older) along Wells Avenue, all on 2.28 acres in the Hamlet Business (HB) Zoning District; and WHEREAS, on April 5, 2021, the Southold Town Planning Board, pursuant to State Environmental Quality Review Act (SEQRA) 6 NYCRR, Part 617, determined that the proposed action was a Type I Action; and WHEREAS, the Planning Board performed a coordinated review of this Type I Action pursuant to 6 NYCRR Part 617, Section 617.7 of the State Environmental Quality Review Act; be it therefore RESOLVED, that the Southold Town Planning Board hereby declares Lead Agency status for the SEQRA review of this Type I Action; and be it further RESOLVED, that the Southold Town Planning Board, as Lead Agency pursuant to SEQRA, hereby makes a determination of non-significance for the proposed action and grants a Negative Declaration. Hard Corner Southold Page 2 April 12, 2022 Enclosed is a copy of the Negative Declaration for your records. If you have any questions regarding the information contained in this resolution, please contact the Planning Board Office. Respectfully, Donald J. Wilcenski Chairman Encls. OFFICE LOCATION: MAILING ADDRESS: Town Hall Annex QF s®U P.O.Box 1179 54375 State Route 25 ®�� ��°®� Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) Southold, NY y Telephone: 631 765-1938 www.southoldtowirmy.gov C®UN11,� State Ei�v�AT n6 i� Review NEGATIVE DECLARATION Hard Corner Southold Mixed Use Project Number: SCTM# 1000-61-4-1 Date: April 11,2022 The Town of Southold Planning Board as lead agency has determined that the proposed action described below will not have a significant adverse impact on the environment. This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Conservation Law. Name of Action: Hard Corner Southold Mixed Use Location: 53530 Main Road, Southold,New York SLQR Status: Type 1 X Unlisted Scoping: No X_ Yes_ If yes, indicate how scoping will be conducted: Description of Action: This site plan is for the proposed mixed-use construction of a 2-story 7,812 gross sq. ft. building fronting NYS Route 25 with 4,983 sq. ft. of retail on the first floor and three (3) affordable housing apartments totaling 2,829 gross sq. ft. on the second floor and 30 parking stalls; and four (4) 1,597 sq. ft. residential rental units (reserved for 55 and older) along Wells Avenue, all on 2.28 acres in the Hamlet Business (HB) Zoning District. Reasons Supporting This Determination: 1. Impact on Land The parcel is zoned Hamlet Business (HB). The purpose of the district is defined as: The purpose of the Hamlet Business (HB) District is to provide for business development in the hamlet central business areas, including retail, office and Southold Town Planning Board Pae 12 April 11,2022 service uses,public and semipublic uses, as well as hotel and motel and multifamily residential development that will support and enhance the retail development and provide a focus for the hamlet area Surrounding land uses include: NYS Route 25 and Feather Hill to the north, six HB zoned lots, four with existing dwellings to the east, Wells Avenue and two R-40 zoned parcels to the south and three parcels, one HB zoned(Bank of America) and two R-40 zoned lots (one owned by Presbyterian Church with existing barn and the second is a single-family dwelling to the west. The proposed mixed-use in the HB zone does not conflict with the Zoning District or surrounding uses. The proposed action requires a zoning variance to construct five buildings on the 99,208 s. f. parcel. The Southold Town bulk schedule for the HB Zoning District requires 20,000 s. f. per building. On August 6, 2020 the Southold Town Zoning Board of Appeals granted a variance with the following conditions: 1) The Planning Board, declares lead Agency and as such finds that the proposed action, as applied for to this Board, will have no significant or moderate adverse environmental impacts and issues a Negative Determination of Environmental Significance ("Negative Declaration)'pursuant to Part 617 of State regulations issued pursuant to Article 8 the State Environmental Quality Review Act of the Environmental Law issues a "Negative Declaration". 2) The units labeled as affordable rental apartments shall be rented to an individual who registers on the Town of Southold's affordable housing registry. 3) That the proposed uses and improvements receive Site Plan Approval by the Town of Southold Planning Board. Site topography slopes towards Town Creek. The land area once was connected to Town Creek and has since been fragmented by a road. A Cut and Fill Plan has been submitted that indicates the areas that would need to be excavated and filled to construct the single-family residences. The area is not extensive and a total of 2,962 CY are proposed to be transferred on site with an additional 100 CY from an outside source. Adverse impacts on land are expected to be low. 2. Impact on Geological Features The proposed project site does not contain nor is it adjacent to any unique geologic features. 3. Impacts on Surface Water The NYSDEC Environmental Mapper was consulted and no regulated wetland systems were identified. Town Creek, a tidal wetland is located to the south. The parcel is part of the Town Creek watershed. Southold Town Planning Pae L3 April 11,2022 The distance from surface water and landform will not allow surface flow to reach Town Creek. On site storm water runoff will be contained on-site pursuant to Chapter 236 Storm Water runoff of the Southold Town Code. Adverse impacts to surface waters are expected to be low. 4. Impact on Groundwater 1. Water Supply: The parcel is located over the Nassau—Suffolk Sole Source aquifer and not within a Special Groundwater Protection Area(SPGA). Two test holes were sampled on-site, Test Hole 1 encountered water at 29' below the surface and Test Hole 2 did not encounter water at 17'. Water supply is proposed to be from an existing 3/4 inch public water main located in NYS Route 25. It is estimated that the affordable apartments would use approximately 450 GPD of water, the dry retail space 150 GPD and the 55 and older age restricted units 600 GPD for a total water usage of 1200 GPD. The total allocated GPD on the parcel based upon 2.28 acres is 1,368 GPD. The proposed uses do not exceed the density calculation. It is expected that the water supply will be sufficient to serve the proposed uses. A total area of 28,471 sq. ft. is proposed to be landscaped and irrigated at a rate of 10gpm with an estimated watering time of 1800 minutes using 18,000 gallons per week. To mitigate water use, rain sensors are recommended on the irrigation system. To minimize nutrient and pesticide loading into groundwater,the Planning Board will require the following best management practices for landscaped areas on fertilizer and pesticides as recommended by the LWRP CCR. a. Require the use of native, drought-tolerant plants in landscaping. b. Require only the use of organic fertilizers where the water-soluble nitrogen is no more than 20% of the total nitrogen in the mixture. c. Require a maximum of 1 lb. of nitrogen per 1000 square feet in any one application, with a cumulative application of no more than 2 lbs. per 1,000 square feet per year. d. Prohibit the application of fertilizer products containing nitrogen, phosphorus, or potassium between November lst and April 1St. e. The use of phosphorous containing lawn fertilizer is prohibited unless establishing a new lawn or soil test shows that the lawn does not have enough phosphorus. Fertilizer labels have three bold numbers. The number in the middle is the percentage of phosphorus in the product, e.g. 22-0-15. Use of products with 0.67 in the middle or lower is not restricted. Products with a number higher than 0.67 may only be used if a new lawn is being established or a soil test indicates it is necessary. Adverse impacts to ground water are expected to be low. Southold Town PlanninBoard Pae L4 April 11,2022 2. Sanitary Disposal: The subject site is located within Suffolk County Department of Health Services (SCDHS) Groundwater Management Zone IV, which according to Article VI of the Suffolk County Sanitary Code, has an allowable flow of 600 gallons per day (gpd) per acre in areas served by public water. The proposed action will not exceed the maximum density identified in Article VI of the Suffolk County Sanitary Code. The largest potential for impacts on surface and groundwaters result from the nitrogen(N) inputs from atmospheric deposition and sanitary systems in unsewered areas. The Environmental Protection Agency (EPA) and SCDOH standards have adopted the 10 mg/L standards as the maximum contaminant level (MCL) for nitrate-nitrogen and 1 mg/L for nitrite-nitrogen for regulated public drinking water systems. Due to the potential impact from sanitary waste to ground and surface water quality from nitrogen resulting from the project,the treating (reduction) of total nitrogen in effluent equal to or greater than 60 percent over conventional systems levels (around 19mg/L) is required to mitigate such impacts. This treatment level would require the installation of Innovative and Alternative Onsite Wastewater Treatment Systems through Article 19 of the Suffolk County Sanitary Code now available for use. The applicant has identified a PUGO Sanitary Waste System or similar A/I system for the three affordable apartments, retail use and four age restricted units. The systems will reduce total nitrogen loading to groundwater. The adverse impacts from sanitary waste disposal on groundwater quality are expected to be low. 5. Impact on Flooding The parcel is not located within a mapped flood zone (Suffolk County GIS Viewer). Adverse impacts to structures from flooding are expected to none to low. SLOSH mapping indicates that the parcel will not be impacted from hurricanes. 6. Impacts on Air Air pollution can harm human health, and damage elements of the ecosystem. Exposure to air pollution is associated with numerous effects on human health, including pulmonary, cardiac, vascular, and neurological impairments.No significant emissions from the use are proposed. The movements of vehicles on site are capable of causing low levels of fugitive dust during construction of the buildings. Once the site is developed, fugitive dust generated from the project is expected to be periodic and low. Adverse impacts on air as a result of this action are expected to be low. Southold Town Planning Pae 15 April 11,2022 7. Impacts on Plants and Animals In 1962 the majority of the parcel was cleared of vegetation. From that time period forward the parcel was colonized with trees and other vegetation. The parcel is not located within a New York State Department of State Significant Fish and Wildlife Habitat Area.Native trees on the parcel are comprised of oak, locust, cedar, black walnut and maple trees that will be partially cleared for development. Existing trees with a caliper of 6"vegetation will be retained outside of cleared areas in the north, east and south of the parcel forming buffers to adjacent properties. The invasive species tree species Tree of Heaven and Norway Maple also occur on site. The understory is indicative of disturbed lands. The proposed landscape cover is 67.7 percent of the total parcel area. The NYSDEC Environmental Resource Mapper and EAF Mapper were consulted and no protected plants or animals nor associated habitats were identified. No significant removal or destruction of large quantities of vegetation(equal to or greater than 10 acres)would occur as a result of this action. Rare Plants and Animal Area The NYSDEC Environmental Resource Mapper indicates that the parcel is not included in the Rare Plants and Animals Area check zone or other designation. Wildlife on-site is expected to be the species indicative to a neighborhood setting including the eastern box turtle,birds and small mammals. The use of the subject parcel by the eastern box turtle (Terrapene Carolina), a NYS species of special concern is likely. It is recommended that the applicant contact the New York Natural Heritage program to obtain more current and detailed information about species occurrence. The northern long-eared bat(NLEB) (Myotis Septentrionalis) a species listed as threatened by both New York State and the US Fish& Wildlife Service may occur on-site. It is further recommended that the applicant contact Ms. Michelle Gibbons at the NYSDEC Regional Office 631-444-0306 to determine possible occurrence and discuss any additional regulations pertaining to the species. With assessment and management protocols in place for the species mentioned above, moderate to large adverse impacts to existing plants and animals are expected to be low. 8. Impact on Agricultural Resources Soils on site consist of Riverhead Haven soils, and Haven Loam 0-2 percent slopes (prime) and Plymouth Loamy Sand 8-15 percent slopes (state wide importance) in the rear of the parcel. The parcel is wooded and not farmed. Prior to developing into woodland,the parcel was improved with a residence in the 19th Century and mostly cleared. Adverse impacts on agricultural soils/resources are expected to be none. Southold Town Planning Board Pae6 April 11,2022 ' Mo i Find address or glace Qom. 4>: E. .x 41SPI r� a 14 Ak s 1 M k 2 m • rL Figure 1. Subject parcel cleared with single family residence. Flood zone is shown in green. 9. Impacts on Cultural/Archeological Resources The parcel is contiguous The Southold Historic District located to the west of the parcel across Wells Avenue. To the northeast of the parcel is the Southold Free Library (former Southold Savings Bank)built in 1891 and a candidate listing National Register of Historic Places. The Henry W. Price building located to the east on Main Road is a National Register listed site. The Hamlet of Southold contains numerous historic structures that define the streetscape character. The application was coordinated with(The NYS Cultural Resource Information System (CRIS)) and a response was sent June 21, 2021. The Technical Services Unit has no concerns with work proposed. Concerning archeology on site, the OPRHP did recommend a Phase IA/1B archeological survey where ground disturbance will occur. In their September 27, 2021 Work Session the Planning Board determined that due to the location, elevations and past disturbance they would not require a 1A/1B archeological survey. The parcel itself is not identified as an area designated as sensitive for archeological sites on the NY State Historic Preservation Office (SHPO) archaeological site inventory (The NYS Cultural Resource Information System (CRIS)). Adverse impacts on cultural/archeological resources are currently unknown and expected to be low. Southold Town Planning Board Pae L7 April 11,2022 10. Impacts on Aesthetic Resources The parcel(project site) is directly south of, and visible from NYS Route 25, a New York State Designated Scenic Byway. The proposed front building along NYS Route 25 extends the retail use to the west within the Hamlet of Southold. A shopping center with retail and service uses is located across NYS Route 25 from the parcel. Parking is proposed in the rear of the retail building to maintain community character. As indicated above the Hamlet of Southold contains numerous historical structures that define the streetscape. The proposed buildings do not conflict with the setting. It is recommended however,that historical architecture and lighting are incorporated within the design to retain the community character. Adverse impacts to aesthetic resources are expected to be low. 11. Impact on Open Space and Recreation The parcel does not currently offer public recreational opportunities. 12. Impact on Critical Environmental Areas The parcel is within the listed Critical Environmental Area; Peconic Bay and Environs. Adverse impacts to the area are expected to be low. There is no direct hydrological surface connection with Town Creek, a tributary of Peconic Bay located to the southeast of the parcel. Subsurface flow through an earth berm that was built prior to 1962 is expected to occur. The impact of the subsurface flow in relation to water quality is expected to be low. 13. Impact on Transportation A significant increase in vehicle trip generation or patterns over existing conditions on NYS Route 25 and Wells Avenue is not expected. The retail uses and 7 residential units will generate additional vehicle trips on Wells Avenue. The 8t'ITE Trip Generation manual estimates a total of 10 daily vehicle trips for the 3 affordable apartments and 15 daily trips for the four 55-year-old age restricted apartments for a total of 25 daily trips. The daily trips for the retail uses can be assessed using an average trip generation for weekday of representative uses that occur in the area. These calculations assume that the total 4,983 s. f. would be committed to one use. Calculated Daily Trips Per Example Use Apparel Store (325) Hardware Store (251) Walk-in Bank (767) Clinic (38) Medical/Dentist Office (44) Southold Town Planning Board Pae8 April 11,2022 It is assumed that the calculated daily trip data was sampled for areas with larger populations and gross floor areas per use that occur in the Hamlet of Southold. A reduction in the daily trips would add a greater level of accuracy to the assessment as summarized below. The average daily trips for the above sample uses are 285. If the average is quartered or halved, the rates would be: Twenty-five percent=71.25 Fifty percent= 142.50 Using this method, it is expected that the representative daily vehicle trips could range between 71 and 142 depending on the use. Extrapolated to 50 percent in and 50 percent out the estimated daily vehicle trips could be between 35 and 71 accessing the retail building. Office use would be much lower than the above retail estimates. Access to the parcel is achieved from NYS Route 25 (Arterial road) and Wells Avenue an unlined collector road. A stop bar and double yellow line extend from NYS Route 25 partially up the road. Impacts on Wells Avenue from vehicles entering and exiting the site would be primarily limited to the distance from NYS Route 25 and the retail building curb cut. Road improvements in this section may be necessary to accommodate the increase in traffic. Line of sight for vehicles exiting Wells Avenue at the intersection of NYS Route 25 is adequate to the east and west. The 5-92 Bus stop is located in the front of the parcel and the Feather Hill complex property across the street. Parking on NYS Route 25 is not permitted along the entire frontage of the parcel. Parking requirements for building 1 which includes the 3 one-bedroom affordable apartments and 4,983.9 s. f. of retail space is 30 spaces. A total of 30 spaces are provided. Parking for buildings 2 -5 which contain four age restricted housing units in the rear of the parcel will be on-site with four separate driveways accessed from Wells Avenue. Wells Avenue is a narrow road and on-street parking should be prohibited with signage for the length of the parcel. Pedestrian infrastructure is adequate in front of the parcel along NYS Route 25 with an existing concrete sidewalk. Sidewalks from the existing to the proposed building will be installed. There are no sidewalks on Wells Avenue and the applicant proposes to install one ending at Building 5 single family residence. Safe pedestrian access will be achieved through the construction of the sidewalk. Adverse impacts to transportation are expected to be low. Southold Town Planning Board Pae L9 April 11,2022 14. Impact on Energy Energy use is expected to be indicative of commercial and residential use. Both uses must meet dark sky requirements for exterior lighting.Natural gas is shown under Wells Avenue and service is proposed for buildings 2 to 5. A significant increase in energy use is not expected. 15. Impact on Noise, Odor, and Light Noise currently results from normal activities associated with the use on-site.Noise resulting from the construction is expected to be short term in duration and periodic.Noise from the operation of the facility is not expected to adversely affect receptors. Odors capable of affecting the quality of life or health of employees from the construction or operation of the proposed action are not expected. A Lighting Study plan has been submitted. Lighting on site will comply with Chapter 172 which preserves the night sky and minimizes light trespass over property boundaries. Lighting, Outdoor in the Southold Town Code and will not adversely impact adjacent properties or the night sky. Adverse impacts on noise, odor, and light are expected to be low. 16. Impact on Human Health No substantial hazard to human health is expected to occur as a result of this proposed action. Adverse impacts to human health are expected to be low. 17. Consistency with Community Plans The parcel is located in Long Island North Shore Heritage Area, a Regional Special Planning District designed to organize people,places and connections into a comprehensive and understandable approach. The proposed action is not inconsistent with the plan. The action complies with the Southold Town Code and is not in significant conflict with the Southold Town Farm and Farmland Protection Strategy (2000) and Community Preservation Project Plan (2016 update) and the Southold Town Comprehensive Plan (2020). Safe and affordable housing is vital to a community's stability and growth. Increasing the amount of affordable housing to help sustain its year-round residents is a goal of the Town. Chapter 8 Housing with the primary goal of creating more affordable housing. Objective 1.2 Encourage the development of new, diversified housing to help meet the needs of current year-round residents, including senior citizens, and local workers fully supports the proposed action. Further the Southold Stakeholders created the following vision for Southold hamlet: Maintain and enhance our community's "sense of place" and our residential, rural, and historic character by encouraging mixed,-small-scale, commercial and residential Southold Town Planning Board Pae I 10 April 11,2022 development in our hamlet center; maintaining the viability of our Main Street as a business district for local entrepreneurs;promoting diverse housing types in our HALO zone (aka the Hamlet Locus Zone, an area surrounding and including the hamlet centers); and ensuring that density within these two districts is carefully balanced with the preservation of farmland and open space outside their boundaries (Southold Comprehensive Plan 2020, Land Use and Zoning Chapter Page 49) The proposed action is located within the Southold Hamlet Center on a Hamlet Business zoned parcel with pedestrian infrastructure proposed, close proximity to public transportation and commercial businesses that could provide jobs for tenants. Further, the action was recommended as Consistent with the Town of Southold Local Waterfront Revitalization Program Policies in an August 27, 2020 memorandum. Adverse impacts of the proposed action on the consistency of community plans are expected to be low. 18. Consistency with Community Character The character of the community is established by surrounding, existing commercial and residential uses with historic features. The architecture of the proposed buildings is not discordant with existing community character,however, the use of historic elements in design is encouraged to retain the character of the Hamlet Center. The 3 affordable apartments in building 1 could house school aged children that would attend Southold Union Free School District. The 55 year and older restricted apartments are not expected to house school-aged children. The adverse impact on schools is expected to be low. The Southold Volunteer Fire Department and Southold Police Department service the area. Although demand for fire and police services will increase from the proposal on a periodic basis, the increase in services is not expected to be moderate to large. - The proposal is not significantly inconsistent with the community character of the area. For Further Information: Contact Person: Mark Terry, AICP, Assistant Town Planning Director Address: P.O. Box 1179, 5309 State Road 25, Southold,New York 11971 Telephone Number: 631-765-1938 Agency Use Only [IfApplicablel Project:I Hard Comers Mixed Use Date: pril 11 2022 Full Environmental Assessment Form Part 3-Evaluation of the Magnitude and Importance of Project Impacts and Determination of Significance Part 3 provides the reasons in support of the determination of significance. The lead agency must complete Part 3 for every question in Part 2 where the impact has been identified as potentially moderate to large or where there is a need to explain why a particular element of the proposed action will not,or may,result in a significant adverse environmental impact. Based on the analysis in Part 3,the lead agency must decide whether to require an environmental impact statement to further assess the proposed action or whether available information is sufficient for the lead agency to conclude that the proposed action will not have a significant adverse environmental impact. By completing the certification on the next page,the lead agency can complete its determination of significance. Reasons Supporting This Determination: To complete this section: • Identify the impact based on the Part 2 responses and describe its magnitude. Magnitude considers factors such as severity, size or extent of an impact. • Assess the importance of the impact. Importance relates to the geographic scope,duration,probability of the impact occurring,number of people affected by the impact and any additional environmental consequences if the impact were to occur. • The assessment should take into consideration any design element or project changes. • Repeat this process for each Part 2 question where the impact has been identified as potentially moderate to large or where there is a need to explain why a particular element of the proposed action will not,or may,result in a significant adverse environmental impact. • Provide the reason(s)why the impact may,or will not,result in a significant adverse environmental impact • For Conditional Negative Declarations identify the specific condition(s)imposed that will modify the proposed action so that no significant adverse environmental impacts will result. • Attach additional sheets,as needed. See Environmental Assessment Report prepared by Planning Board dated April 11,2022. Determination of Significance-Type 1 and Unlisted Actions SEQR Status: ❑Type 1 ❑✓ Unlisted Identify portions of EAF completed for this Project: Z Part 1 Q Part 2 Q Part 3 Upon review of the information recorded on this EAF,as noted,plus this additional support information Environmental Assessment Report prepared by Planning Board dated July 24.2020 and considering both the magnitude and importance of each identified potential impact,it is the conclusion of the as lead agency that: ❑✓ A. This project will result in no significant adverse impacts on the environment,and,therefore,an environmental impact statement need not be prepared. Accordingly,this negative declaration is issued. ❑ B. Although this project could have a significant adverse impact on the environment,that impact will be avoided or substantially mitigated because of the following conditions which will be required by the lead agency: There will,therefore,be no significant adverse impacts from the project as conditioned,and,therefore,this conditioned negative declaration is issued. A conditioned negative declaration may be used only for UNLISTED actions(see 6 NYCRR 617.d). ❑ C. This Project may result in one or more significant adverse impacts on the environment,and an environmental impact statement must be prepared to further assess the impact(s)and possible mitigation and to explore alternatives to avoid or reduce those impacts. Accordingly,this positive declaration is issued. Name of Action: Hard Corner Mixed Use Name of Lead Agency: Town of Southold Planning Board Name of Responsible Officer in Lead Agency: Donald Wilcenski,Chairman Title of Responsible Officer: Same Signature of Responsible Officer in Lead Agency: I..J Date: April 12,2022 Signature of Preparer(if different from Responsible Officer) �� ��on,. Date: April 12,2022 For Further Information: 1 Contact Person: Mark Terry,Assistant Town Planning Director Address: P.O.Box 1179,53095 Main Road,Southold,NY 11971 Telephone Number:631-765-1938 E-mail: Mark.Terry@town.southold.ny.us For Type 1 Actions and Conditioned Negative Declarations,a copy of this Notice is sent to: Chief Executive Officer of the political subdivision in which the action will be principally located(e.g.,Town/City/Village of) Other involved agencies(if any) Applicant(if any) Environmental Notice Bulletin: http://www.dec.ny.gov/enb/enb.html PRINT FULL FORM Page 2 of 2 OFFICE LOCATION: MAILING ADDRESS: Town Hall Annex ®f S0(/ P.O. Box 1179 54375 State Route 25 ®�� ��°®� Southold, NY 11971 (cor.Main Rd. &Youngs Ave.) Southold, NY Telephone: 631 765-1938 www.southoldtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD April 12, 2022 Mr. Andrew V. Giambertone 62 Elm Street Huntington, NY 11743 Re: Public Hearing The Enclaves Hotel and Restaurant 56655 NYS Route 25, ±90' n/w/o Town Harbor Ln and Main Road, Southold SCTM#1000-63.-3-15 Dear Mr. Giambertone: A Public Hearing was held by the Southold Town Planning Board on Monday, April 11, 2022 regarding the above-referenced application. The Public Hearing has been held open for two weeks, until April 25, 2022, for written comments. If you have any questions regarding the above, please contact this office. Respectfully, Donald J. Wilcenski Chairman