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HomeMy WebLinkAboutPBA-11/07/2022 OFFICE LOCATION: MAILING ADDRESS: Town Hall Annex rjF S0 P.O. Box 1179 54375 State Route 25 ��� /y®l Southold, NY 11971 (cor.Main Rd. &Youngs Ave.) h Q Southold NY Telephone: 631 765-1938 CA www.southoldtownny.gov 0 aQ PLANNING BOARD OFFICE TOWN OF SOUTHOLD PUBLIC MEETING AGENDA Monday, November 7, 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: 8961403 6098 Password: 585578 ♦ Join by telephone: Call 1 (646) 558-8656 Enter Meeting ID and password when prompted (same as above) Southold Town Planning Board Public Meeting — November 7, 2022 — Page 2 SETTING OF THE NEXT PLANNING BOARD MEETING Board to set Monday, December 5, 2022 at 6:00 p.m: at the Southold Town Hall, Main Road, Southold, as the time and place for the next regular Planning Board Meeting. SITE PLAN APPLICATIONS SEQRA CLASSIFICATIONS: Key Capture Battery Energy Storage Site Plan —This site plan is for the construction of a 60MW Lithium-Ion Battery Energy Storage System and a new LIPA substation. The battery storage facility is comprised of 272 battery energy storage container units, 34 power conversion system units, a 1,000 sq. ft. point of interconnection building. The LIPA substation will require a 2.54-acre parcel to be created for LIPA ownership, and will contain a 392 sq. ft. LIPA substation building, lightning masts and ±13 utility poles connecting to CR 48 by way of an access easement over Town of Southold land. The parcel is ±27 acres in the Light Industrial Zoning District. The property is located at 10750 Oregon Road, Cutchogue. SCTM#1000-83-3-6.1 Heart of Love Lane Amended Site Plan —This amended Site Plan is for the proposed alteration and conversion of an existing ±16,500 gross sq. ft. commercial office building (with basement) to contain a 56 seat restaurant and two retail spaces on the first floor and two commercial spaces and an accessory apartment on the second floor, all on 0.784 acres in the HB Zoning District. The property is located at 245 Love Lane and 50 Pike Street, Mattituck. SCTM#1000-141-4-2, 141-4-3 & 141-4-6.1 DETERMINATIONS: Aldrich Lane Farm Labor Camp—This amended agricultural site plan is for a proposed 1,600 sq. ft. interior conversion of the second floor of an existing storage area to a 10- person capacity Farm Labor camp within an existing 2-story 10,000 sq. ft. agricultural office and storage building. The building is located on a 5-acre reserve area (SCTM1000-120.-3- 11.13) with existing accessory farm buildings attached to ±34.5 acres of farmland (SCTM1000-120.-3-11.14) with Development Rights held by Southold Town in the AC Zoning District. The property is located at 5645 Aldrich Lane. SCTM#1000-120-3-11.13 North Cliff Vineyard —This agricultural site plan is for the proposed construction of a one- story 3,374 sq. ft. agricultural storage building on ±20 acres of farmland with Development Rights held by Southold Town in the AC Zoning District. The property is located at 7305 Wickham Avenue, Mattituck. SCTM#1000-107-5-6.3 & 6.5 SET HEARING: Key Capture Battery Energy Storage Site Plan — (see description above) SCTM#1000- 83-3-6.1 WAIVE HEARING: Heart of Love Lane Amended Site Plan — (see description above) SCTM#1000-141-4-2, 141-4-3 & 141-4-6.1 Southold Town Planning Board Public Meeting— November 7, 2022 — Page 3 SUBDIVISIONS SKETCH PLAN DETERMINATION: NFBG Subdivision —This standard subdivision proposes to subdivide 28.9 acres into 3 lots where Lot 1 is 5 acres and includes a 2-acre development area and 3 acres of open space, Lot 2 is 19.63 acres upon which development rights have been sold, and Lot 3 is 4.17 acres and includes a 1.64-acre development area and 2.55 acres of open space in the AC Zoning. District. The property is located at 2458, 2462 Elijah's Lane,'Cutchogue. SCTM#1000-108- 8-6.3, 6.4 & 6.5 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 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 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. The property is located on the southeast side of Winthrop Avenue, at the intersection of Equestrian Avenue on Fishers Island, in the Hamlet Density Zoning District. SCTM# 1000-9-10-10 STATE ENVIRONMENTAL QUALITY REVIEW ACT ADOPT FINDINGS: The Orchards Standard Subdivision —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. 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 TABLED OTHER PLANNING BOARD PROCEDURE: Protocol for Eastern Box Turtle Conservation During Construction OFFICE LOCATION: MAILING ADDRESS: Town Hall Annex ®F S0� P.O. Box 1179 54375 State Route 25 ®�� P.O. Southold,NY 11971 (cor.Main Rd. &Youngs Ave.) Southold, NYTelephone: 631 765-1938 jW www.southoldtownny.gov c®UNV I PLANNING BOARD OFFICE TOWN OF SOUTHOLD November 9, 2022 Mr. Philip Denara 25 Monroe Street, Suite 300 Albany, NY 12210 Re: SEAR Classification & Set Hearing Key Capture Battery Energy Storage Facility 10750 Oregon Road, Cutchogue SCTM#1000-83.-3-6.1 Dear Mr. Denara: The following resolutions were adopted at a meeting of the Southold Town Planning Board on Monday, November 7, 2022: WHEREAS, this site plan is for the construction of a 60MW Lithium-Ion Battery Energy Storage System and a new LIPA substation. The battery storage facility is comprised of 272 battery energy storage container units, 34 power conversion system units, a 1,000 sq. ft. point of interconnection building. The LIPA substation will require a 2.54-acre parcel to be created for LIPA ownership, and will contain a 392 sq. ft. LIPA substation building, lightning masts and ±13 utility poles connecting to CR 48 by way of an access easement over Town of Southold land. The parcel is ±27 acres in the Light Industrial zoning district, Cutchogue; 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)(8) "any Unlisted action that includes a nonagricultural use occurring wholly or partially within an agricultural district [...]"; be it therefore RESOLVED, that the Southold Town Planning Board has determined that this proposed action is an Type I Action under SEQRA as described above; and be it further Key Capture Battery Energy Storage Page 2 November 9, 2022 RESOLVED, that the Southold Town Planning Board sets Monday, December 5, 2022 at 6:01 p.m. for a Public Hearing regarding the Site Plan entitled ""Key Capture Energy KCE NY 26" prepared by Robert Joel Richardson, P. E., dated June 6,, 2022. The public hearing packet regarding the Town's notification procedure and the sign & post will need to be. picked up at the Planning Board Office at the Southold Town Annex when you are contacted to do so. Please return the Affidavit of Posting/Mailing, included in the packet, along with the certified mailing receipts AND the signed green return receipt cards before 12.00 noon on Friday, December 2, 2022. The sign and the post need to be returned to the Planning Board Office after the public hearing is closed. If you have any questions regarding the information contained in this resolution, please contact the Planning Board Office. Respectfully, Donald J. Wilcenski Chairman Encls. OFFICE LOCATION: Town Hall Annex MAILING ADDRESS: 54375 State Route 25 F S®(/�� P.O.Box 1179 (cor. Main Rd. &Youngs Ave.) �® ®� Southold, NY 11971 Southold, NY Telephone: 631 765-1938 www.southoldtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD November 9, 2022 Abigail Wickham, Esq. P.O. Box 1424 Mattituck, NY 11952 Re: SEQR Classification & Waive Hearing — Hard Corner Heart of Love Lane 245 Love Lane, Mattituck SCTM#1000-141.-3-6.1 Dear Ms. Wickham: The following resolutions were adopted at a meeting of the Southold Town Planning Board on Monday, November 7, 2022: WHEREAS, this amended Site Plan is for the proposed alteration and conversion of an existing ±16,500 gross sq. ft. commercial office building (with basement) to contain a 56 seat restaurant and two retail spaces on the first floor and two commercial spaces and an accessory apartment on the second floor, all on 0.784 acres in the HB Zoning District; and WHEREAS, pursuant to §280-131(H), the Planning Board waived the requirement for a Public Hearing for this application involving a modification to an existing structure with no substantial change to the existing footprint, where the Planning Board determined that such modifications or any change in use will not require significant changes to existing major site design features [...]• and WHEREAS, the Southold Town Planning Board, pursuant to State Environmental Quality Review Act (SEQRA) 6 NYCRR, Part 617.5 (c), determines that the proposed action is a Type II Action as it falls within the following description for 6 NYCRR, 617.5(c)(2) replacement, rehabilitation or reconstruction of a structure or facility, in kind, on the same site, including upgrading buildings to meet building, energy, or fire codes, unless such action meets or exceeds any of the thresholds in section 617.4 of this Part; be it therefore Heart of Love Lane Paqe 2 November 9, 2022 RESOLVED, that the Southold Town Planning Board has determined that this proposed action is a Type II action under SEQRA as described above; and be it further RESOLVED, that the Southold Town Planning Board hereby waives the Public Hearing regarding the Site Plan entitled "Heart of Love Lane" prepared by John Anthony Nastasi, R. A., dated April 12, 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 ®F s®U P.O. Box 1179 54375 State Route 25 ®�� ��®� Southold,NY 11971 (cor. Main Rd. &Youngs Ave.) Southold,NY Me Telephone: 631 765-1938 ir www.southoldtownny.gov U0, PLANNING PLANNING BOARD OFFICE TOWN OF SOUTHOLD November 9, 2022 Mr. Michael Kimack, Esq. P.O. Box 1047 Southold, NY 11971 Re: Site Plan Determination — 5645 Aldrich Lane Farm Labor Camp 5645 Aldrich Lane, Laurel SCTM#1000-120.-3-11.13 & 11.14 Dear Mr. Kimack: The following resolutions were adopted at a meeting of the Southold Town Planning Board on Monday, November 7, 2022: WHEREAS, this amended agricultural site plan is for a proposed 1,600 sq. ft. interior conversion of the second floor of an existing storage area to a 10-person capacity Farm Labor camp within an existing 2-story 10,000 sq. ft. agricultural office and storage building. The building is located on a 5-acre reserve area (SCTM1000-120.-3-11.13) with existing accessory farm buildings attached to ±34.5 acres of farmland (SCTM1000- 120.-3-11.14) with Development Rights held by Southold Town in the AC Zoning District; and WHEREAS, on March 2, 2020, Michael Kimack, authorized agent, submitted an Amended Site Plan Application for review; 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, at their work session on July 6, 2020, the Southold Town Planning Board accepted the amended site plan application as complete for review with certain information to be submitted immediately; and Aldrich Lane Farm Labor Camp Page 2 November 9, 2022 WHEREAS, on July 6, 2020, the Southold Town Planning Board, pursuant to State Environmental Quality Review Act (SEQRA) 6 NYCRR, Part 617.5 (c), determined that the proposed action is a Type II Action as it falls within the following description for 6 NYCRR, Part 617.5(c)(3) agricultural farm management practices, including construction, maintenance and repair of farm buildings and structures, and land use changes consistent with generally accepted principles of farming; and WHEREAS, on July 16, 2020, Mike Kimack, authorized agent, submitted information as required; and WHEREAS, pursuant to Southold Town Code §280-133(C) and as detailed in work session staff report on July 6, 2020, the Planning Board agreed to waive certain application requirements of§ 280-133 for this application which involves uses strictly related to agriculture (but excepting retail winery operations); and WHEREAS, on August 24, 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 September 14, 2020, a Public Hearing was held and closed; and WHEREAS, on September 17, 2020, the Zoning Board of Appeals (ZBA) issued Special Exception approval #7412SE for a Farm Labor camp for up to ten'(10) seasonal workers; and WHEREAS, on October 16, 2020, the Southold Town Code Enforcement officer verified that there were no open violations on the subject parcel; and WHEREAS, on October 27, 2020, the Town of Southold Local Waterfront Revitalization Program Coordinator reviewed the proposed project and determined it to be exempt from the Southold Town LWRP policies with certain recommendations issued; and WHEREAS, on November 4, 2020, the Southold Town Engineer reviewed the proposed application and determined that the proposed plan meets the minimum requirements of Chapter 236 for Storm Water Management; and WHEREAS, on November 5, 2020, the Southold Town Land Preservation Committee determined the proposed-Farm Labor camp use as consistent with the Declaration of Covenants & Restrictions pertaining to the residential use of the Reserve Area which shall be limited to farm-related housing for use by farm employees and/or farm managers and/or farm owners; and WHEREAS, on November 9, 2020, the Southold Town Fire Inspector stated there were no objections to the proposed site plan; and WHEREAS, on November 11, 2020, the Mattituck Fire District determined that there was adequate fire protection and access for the proposed action; and Aldrich Lane Farm Labor Camp Page 3 November 9, 2022 WHEREAS, on November 13, 2020, the Agricultural Advisory Committee provided comments supporting the proposed project for approval; and WHEREAS, on December 18, 2020, the Southold Town Planning Board determined that with exception of approval from the Suffolk County Department of Health Services and a Use Certification from the Building Department, all applicable requirements of the Site Plan Regulations, Article XXIV, §280 — Site Plan Approval of the Town of Southold have been met; and WHEREAS, on August 13, 2021, the Southold Town Chief Building Inspector reviewed and certified the proposed Farm Labor Camp as a use permitted by Special Exception #7412SE in the A-C Zoning District; and WHEREAS, on August 5, 2022, the Suffolk County Department of Health Services (SCDHS) granted a wastewater permit for a Rooming House (10 Beds) @ 750gpd Ref#C-20-0044; therefore be it RESOLVED, that the Southold Town Planning Board hereby waives the requirement for certain application requirements as described above; and be it further RESOLVED, that the Southold Town Planning Board has determined that this proposed action is exempt from the policies of the Town of Southold Local Waterfront Revitalization Program; and be it further RESOLVED, that the Southold Town Planning Board approves the Amended Site Plan regarding the site plan of property for E.W.H. Limited Liability Company prepared by Joseph Fischetti, P.E., dated August 22, 2003 and last revised November 22, 2004, and authorizes the Chairman to endorse the Site Plan. In addition, please be aware of the following Town Code requirements: ➢ The Town Engineer must be contacted prior to beginning site work. Proposed storm water run-off containment systems must be inspected by the Town Engineer at the time of installation. ➢ Approved site plans are valid for eighteen months from the date of approval, within which time all proposed work must be completed, unless the Planning Board grants an extension. ➢ Any changes from the approved site plan shall require Planning Board approval. ➢ Prior to the issuance of a Certificate of Occupancy, the Planning Board must inspect the site to ensure it is in conformity with the approved site plan, and issue a final site inspection approval letter. Should the site be found not in conformance with the approved site plan, no Certificate of Occupancy may be issued until the Planning Board approves the changes. Aldrich Lane Farm Labor Camp Page 4 November 9, 2022 A copy of the Approved Site Plan is enclosed for your records. One copy will also be sent to the Building Department and the Town Engineer/Highway Department. If you have any questions regarding the above, please contact this office. Respectfully, Donald J. enski Chairman Encl. cc: Building Dept. w/map Town Engineer w/map By signing this letter, the applicant acknowledges that there are Town Code requirements and conditions, including those listed above, that must be satisfied prior to the issuance of a Certificate of Occupancy. Print name: , Applicant Signature: Date: OFFICE LOCATION: MAILING ADDRESS: Town Hall Annex 9g S0P.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 November 9, 2022 Mr. William Kelly 22355 Cox Lane, Unit#4 Cutchogue, NY 11935 Re: Site Plan Determination — North Cliff Vineyard Agricultural Storage Building 7375 Wickham Avenue, Mattituck SCTM#1000-107-5-6.3 & 6.5 Dear Mr. Kelly: The following resolutions were adopted at a meeting of the Southold Town Planning Board on Monday, November 7, 2022: WHEREAS, this agricultural site plan is for the proposed construction of a 1-story agricultural storage building (42' x 75') with an open porch (8' x 28'), along with 2 (10' x 8') drywells for roof water run-off with Development Rights held by Southold Town in the AC Zoning District, Mattituck; and WHEREAS, on August 15, 2022 William Kelly, authorized agent, submitted a Site Plan Application for review; and WHEREAS, at their work session on August 22, 2022, the Southold Town Planning Board accepted the site plan application as complete for review; and WHEREAS, on August 22, 2022, the Southold Town Planning Board, pursuant to State Environmental Quality Review Act (SEQRA) 6 NYCRR, Part 617.5 (c), determined that the proposed action is a Type II Action as it falls within the following description for 6 NYCRR, Part 617.5(c)(4),which states that the following actions are not subject to review under this Part: "agricultural farm management practices, including construction, maintenance and repair of farm buildings and structures, and land use changes consistent with generally accepted principles of farming"; and WHEREAS, pursuant to Southold Town Code §280-133(C) and as detailed in work session staff,report on August 22, 2022, the Planning Board agreed to waive certain North Cliff Vineyards Agricultural Page 2 November 9. 2022 Storage Building application requirements of§ 280-133 for this application which involves uses strictly related to agriculture (but excepting retail winery operations); and WHEREAS, on August 25, 2022, the Planning Board, pursuant to Southold Town Code §280-131(C), distributed the application to the required agencies for their comments; and WHEREAS, on August 30, 2022 the Southold Town Land Preservation Committee determined the recorded easement for the property allows land within the Easement to be used for agricultural production as defined in Chapter 25 (now known as Chapter 70) of the Southold Town Code, and found that the proposed storage building to store farm equipment and supplies is consistent with the purposes and other terms and conditions of the recorded Easement; and WHEREAS, on September 7, 2022, the Southold Town Code Enforcement officer verified that there were no open violations on the subject parcels; and WHEREAS, on September 7, 2022, the Southold Town Fire Marshall stated there were no objections to the proposed site plan; and WHEREAS, on September 26, 2022, the Town of Southold Local Waterfront Revitalization Program Coordinator reviewed the proposed project and determined it to be consistent with the LWRP; and WHEREAS, on October 26, 2022, the Mattituck Fire District determined that there were no objections to the proposed site plan; therefore be it RESOLVED, that the Southold Town Planning Board hereby waives the requirementfor certain application requirements as described above; and be it further RESOLVED, that the Southold Town Planning Board hereby grants Approval with Conditions, listed below, of the site plan of property for North Cliff Vineyards Liability Company prepared by William Kelly, dated August 15, 2022, and authorizes the Chairman to endorse the Site Plan after Condition A below is met: Conditions: A. Prior to endorsement of the site plan, a use certification must be obtained from the Chief Building Inspector as required by Town Code. B. 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. North Cliff Vineyards Agricultural Page 3 November 9. 2022 Storage Building In addition, please be aware of the following Town Code requirements: ➢ Approved site plans are valid for eighteen months from the date of approval, within which time all proposed work must be completed, unless the Planning Board grants an extension. ➢ Any changes from the approved site plan shall require Planning Board approval. ➢ Prior to the issuance of a Certificate of Occupancy, the Planning Board must inspect the site to ensure it is in conformity with the approved site plan, and issue a final site inspection approval letter. Should the site be found not in conformance with the approved site plan, no Certificate of Occupancy may be issued until the Planning Board approves the changes. A copy of the Approved Site Plan is enclosed for your records. One copy will also be sent to the Building Department. If you have any questions regarding the above, please contact this office. Respectfully, Dona . Wilcenski Chairman Encl. cc: Building Dept. w/map By signing this letter, the applicant acknowledges that there are Town Code requirements and conditions, including those listed above, that must be satisfied prior to the issuance of a Certificate of Occupancy. Print name: , Applicant Signature: Date: OFFICE LOCATION: MAILING ADDRESS: Town Hall AnnexP.O. Box 1179 54375 State Route 25 ®��®F ��U�y�®� Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) Southold, NY Telephone: 631 765-1938 w% w.southoldtownny.gov COUNTI,� ' PLANNING BOARD OFFICE TOWN OF SOUTHOLD November 9, 2022 Charles Cuddy, Esq. P.O. Box 1547 Riverhead, NY 11901 Re: Conditional Sketch Plan Approval, SEAR Classification NFBG Standard Subdivision 2450 Elijahs Lane, Mattituck SCTM#1000-108.-3-6.2 and 6.3 Zoning District: AC Dear Mr. Cuddy: The Southold Town Planning Board adopted the following resolutions at a meeting held on Monday, November 7, 2022: WHEREAS, this standard subdivision proposes to subdivide 28.9 acres into 3 lots where Lot 1 is 5 acres and includes a 2-acre development area and 3 acres of open space, Lot 2 is 19.63 acres upon which development rights have been sold, and Lot 3 is 4.17 acres and includes a 1.64-acre development area and 2.55 acres of open space in the AC Zoning District; and WHEREAS, on May 18, 2022, the applicant submitted a Sketch Plan application and fee; and WHEREAS, on August 22, 2022, the Planning Board determined that the Sketch Plan application was complete; 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 the majority of the acreage of the parcel has been preserved through the development right sale to the Town of Southold, and therefore are eligible for a waiver: NFBG Stanard Subdivision Page 12 November 9, 2022' a. Existing Resources Site Analysis Plan (ERSAP); b. Yield Plan; C. Primary & Secondary Conservation Area Plan; and WHEREAS, on April 22, 2022, the Planning Board, at their work session, pursuant to State Environmental Quality Review Act (SEQRA) 6 NYCRR, Part 617, determined that the proposed action is an Unlisted Action under SEQRA; and WHEREAS, on August 22, 2022, 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, additional changes may be required on the Preliminary Plat; therefore be it RESOLVED, that the Southold Town Planning Board hereby classifies this proposed action as an Unlisted Action under SEQRA as described above; and be it further RESOLVED that the Southold Town Planning Board, pursuant to §240-56 Waivers of certain provisions, hereby waives the following provisions of subdivision: a. §240-10 (A): Existing Resources Site Analysis Plan (ERSAP); b. §240-10 (8): Yield Plan; c. §240-10 (C): Primary & Secondary Conservation Area Plan; and be it further RESOLVED that the Southold Town Planning Board grants a Conditional Sketch Plan Approval upon the map entitled "Subdivision Sketch Plan for NFBG at Mattituck° prepared by Howard Young N.Y.S.L.S., dated November 15, 2017, and last revised July 8, 2022, with the following conditions: 1. Submit a complete Preliminary Plat Application 2. Make the following changes to the Preliminary Plat: a. Rename "Development Parcel" and "Preserved Parcel' to "Development Area" and "Preserved Area" on Lots 1 and 2. b. Add the zoning district to the plat. 3. Explain why lot 2 shows 19.63 acres preserved, and the letter sent by the Southold Town Land Preservation Department dated May 19, 2022, indicates that 17.57 acres are subject to the development rights sale. 4. Clarify the metes and bounds of the Right of Way description in Schedule A., page 3 of the Deed of Development-Rights. NFBG Stanard Subdivision Page 1 3 November 9, 2022 Sketch Plat Approval is valid for six months unless an extension of time is requested and granted by the Planning Board. The next step in the subdivision process is the Preliminary Plat Application. Please submit a complete Preliminary Plat Application at your earliest convenience. Note that specifics regarding map changes, content of the Covenants and Restrictions, other legal documents and submission requirements needed for subdivision approval will be provided to the applicant by the Planning Board upon completion of the environmental review and receipt of comments from other involved agencies. The applicant is advised that design changes may be required prior to Final Plat Approval. If you have any questions regarding the information contained in this resolution, please contact the Planning Board Office at (631) 765-1938. Resp tfully, Doinal Wilcenski Chairman OFFICE LOCATION: MAILING ADDRESS: Town Hall Annex ®F S®U P.O. Box 1179 54375 State Route 25 ®�e� ��®� Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) Southold, NY Telephone: 631 765-1938 www.s ouch of d t ownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD November 9, 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, November 7, 2022 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 November 9, 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 October 3, 2022 the applicant submitted a letter requesting that Conditional Preliminary Plat Approval be extended from October 3, 2022 to April 3, 2023; therefore be it RESOLVED, that Conditional Preliminary Plat Approval is hereby retroactively extended from October 3, 2022 to April 3, 2023. 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 AnnexP.O. Box 1179 54375 State Route 25 ���®F S®Ur�®� Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) Southold, NY Telephone: 631 765-1938 www.southoldtow-nny.gov COUi ,� PLANNING BOARD OFFICE TOWN OF SOUTHOLD November 9, 2022 Martin Finnegan, Esq. Finnegan Law, P.C. P.O. Box 1452 Mattituck, NY 11952 Re: Conditional Final Plat Approval Walsh Park Standard Subdivision Location: At the south corner of Winthrop Drive and Equestrian Avenue intersection, 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, November 7, 2022: WHEREAS, this proposal is for a Standard Subdivision of a 3.82-acre parcel into three lots, where Lot 1 is 0.59 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, the applicant for this subdivision is Walsh Park, a non-profit group on Fishers Island that provides affordable housing to residents; and WHEREAS, the current owner of the subject property is the Fishers Island School District (FISD); and WHEREAS, the FISD must request and receive approval from their constituents in a public referendum to move forward with the sale of this property to Walsh Park; 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 Walsh Park Benevolent Corp Standard Subdivision P a g e 2 November 9, 2022 WHEREAS, on August 9; 2021 the Planning Board determined that the Sketch Planr 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 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 owned by the school district, and the vacant lot will be reviewed by the Planning Board as a residential site plan for year-round housing to be owned by the non-profit, Walsh Park, the street tree requirement 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, a Final Plat Application was submitted on August 1, 2022 and a request to waive the Final Public Hearing was submitted on August 24, 2022, and Walsh Park Benevolent Corp Standard Subdivision P a g e 13 November 9, 2022 WHEREAS, on September 12, 2022, the Southold Planning Board found the Final Plat application complete, and WHEREAS, the Southold Planning Board has determined that pursuant to section 240- 20 of the Southold Town Code the Final Plat is in substantial agreement with the approved Preliminary Plat and has agreed to waive the Public Hearing on the Final Plat Application, 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 residential site plan application process for the vacant lot; and WHEREAS, the Planning Board finds that this Final Plat application is ready for a determination pursuant to Town Code §240 Subdivision of land; therefore be it RESOLVED, the Planning Board has agreed to defer the requirements for the installation of street trees to the Residential Site Plan application expected to be submitted for Lot 2; and be it further RESOLVED that the Southold Town Planning Board hereby grants Conditional Final 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 last revised on January 31, 2022, with the following conditions required prior to final plat approval, 1. Obtain subdivision approval from the Suffolk County Department of Health Services. - 2. Submit 12 paper copies and 4 mylars of the Final Plat with the approval stamp of the Suffolk County Department of Health Services. 3. Pay the Administration Fee of $6,000. 4. Provide a draft document for a ten-foot-wide easement for the Fishers Island Utility Company, Water Works, upon consultation with their legal counsel for the existing water main running under Lots 2 and 3. The easement shall be recorded with the Suffolk County Clerk following Planning Board approval. 5. File the covenants and restrictions for the residential lots after review and approval by the Planning Board. A draft will be provided by the Planning Department. The covenants will include, but not be limited to, the following: 1. No further subdivision of the lots. Walsh Park Benevolent Corp Standard Subdivision P a g e 14 November 9, 2022 2. A clause that achieves the goal of ensuring future housing constructed on Lot 2 will be for year-round residents of Fishers Island, and will not allow short-term or other vacation rentals or second homes. 3. Landscaping & irrigation restrictions as outlined in the LWRP report.. 4. Details on requirements before clearing is allowed (marking trees and shrubs and clearing limits for inspection). 5. Utilities must be underground. The next step to continue toward Final Plat Approval is to meet all conditions stated above. Conditional Final 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. If you have any questions regarding the information contained in this resolution, please contact the Planning Board Office at (631) 765-1938. Respectfully, nat. Wilcenski Chairman OFFICE LOCATION: MAILING ADDRESS: Town Hall AnnexP.O. Box 1179 54375 State Route 25 ®�`�®f S® Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) Southold, NY y� Telephone: 631 765-1938 www.southoldtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD Protocol for Eastern Box Turtle Conservation During Construction November 7, 2022 Prior to beginning clearing, measures to protect the Eastern Box Turtle must be taken. As a New York State-listed species of Special Concern, the Eastern Box Turtle requires some measure of protection to ensure that the species does not become threatened. Species of special concern are protected wildlife pursuant to Environmental Conservation Law section 11-0103(5)(c). To minimize the loss of Eastern Box Turtles, any clearing at the site scheduled from April 1 and November 15 will be preceded by wildlife surveys following the protocol below: a. Surveys for Eastern Box Turtles must be led by a herpetologist or wildlife biologist with experience locating wild box turtles, and their qualifications provided to the Planning Board for approval prior to the surveys being conducted. b. The survey effort required must equal the following: area of impact x 4 person- hours/acre=total person-hours of survey effort c. Timing of survey: i. The survey for Eastern Box Turtles must be conducted immediately preceding clearing activity. ii. Surveys must be conducted at the time of day and during weather conducive to peak activity for turtles,to the greatest extent practicable and as advised by the herpetologist. d. Prior to clearing, temporary barriers of wire-backed silt fencing shall be installed around the limits of work and turtle surveys must be conducted. 2 e. Installation of the temporary barriers must minimize vegetation disturbance.No clearing may occur outside the Limits of Work. f. The bottom of the silt fencing must be buried in a 4-inch deep trench. The trench must be backfilled and compacted. If it is not possible to dig a trench, then the bottom of the barrier must be affixed to the surface. g. Once installed, the barrier shall be taut between the stakes. Slumps or loose materials will undermine the effectiveness of the barrier. No hay bales or other backing material shall be used. h. The limits of work must be encircled completely by the silt fence to exclude turtles fromentering the area, but able to be opened for equipment to go in and out during working hours (and closed again at the end of the work day). i. The barrier should be installed immediately prior to the required survey. j. A person familiar with barrier maintenance shall inspect the barrier and facilitate any repairs/alterations necessary to ensure the integrity of the barrier. k. Silt fence barriers may not be removed from the site until that phase of the project is complete and is stabilized by vegetation. 1. Routine silt fence barrier maintenance is required during the Turtle Active Season (April 1 st through November 15)—Once per month a person familiar with barrier maintenance and installation shall inspect the barrier and facilitate any repairs or alterations. The turtle barrier should remain taut between stakes and any holes along the bottom repaired. m. Outside the Turtle Active Season(November 16th through March 31st) -- If the barrier has been left in place over the winter months and construction is on-going, a person familiar with barrier maintenance shall conduct an early season inspection in late March or early April to facilitate any repairs or alteration necessary for the barrier to function for turtle protection. n. Any box turtles found during the search will be captured and relocated to an undisturbed area on the property as far from the proposed clearing as possible. o. Documentation of the dates, times, area covered, names and qualifications of personnel involved, and results of the survey must be provided to the Planning Department as soon as possible after completion, and prior to clearing. OFFICE LOCATION: MAILING ADDRESS Town Hall Annex ° P.O.Box 1179 54375 State Route 25 ;< Southold,NY 11971 (cor.Main Rd.&Youngs Ave.) P Telephone: 631-765-1938 Southold,NY " ' www.southoldtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD N 0V 1 6 2022 MEMORANDUM Southold Town C,�.-_ To: Denis Noncarrow, Town Clerk From: Jessica Michaelis, Planning Department Date: November 14, 2022 Re: November 7, 2022 Planning Board Public Meeting Attached please find the Final Agenda and Approved Resolutions from the November 7, 2022 Planning Board Public Meeting. A Records Transmittal Form has been submitted to Records Management.