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HomeMy WebLinkAboutTB-12/13/2022 PH 1 COUNTY OF SUFFOLK : STATE OF NEW YORK TOWN OF SOUTHOLD -------------------------------------------------- TOWN OF SOUTHOLD TOWN BOARD REGULAR MEETING -------------------------------------------------- Southold, New York December 13 , 2022 4 : 30 P . M . B E F 0 R E : SCOTT A . RUSSELL, SUPERVISOR LOUISA P . EVANS , JUSTICE JILL DOHERTY, COUNCILWOMAN BRIAN 0 . MEALY, COUNCILMAN GREG DOROSKI , COUNCILMAN SARAH E . NAPPA, COUNCILWOMAN December 13, 2022 Regular Meeting 2 CHAPTER 280 - MAXIMUM HOUSE SIZE WHEREAS , there was presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 15th day of November, 2022 , a Local Law entitled "A Local Law in relation to Amendments to Chapters 280 " and . RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at Southold Town Hall , 53095 Main Road, Southold, New York, on the 13th day of December, 2022 at 4 : 31 p .m . , at which time all interested persons will be given an opportunity to be heard, be it further; RESOLVED that the Town Board of the Town of Southold hereby declares itself lead agency for the purposes of SEQRA review of the proposed local law; and be it further; RESOLVED that the Town Board of the Town of Southold has requested the Planning Board and/or Planning Staff to prepare a report and recommendations on the proposed local Law, including a SEQRA and LWRP reports and recommendations ; and it is December 13, 2022 Regular Meeting 3 further; RESOLVED that the Town Clerk of the Town of Southold is directed to forward the following to the Suffolk County Planning Commission, along with any associated fees , for a report and recommendations . SUPERVISOR SCOTT RUSSELL : Would anybody else like to comment on this particular Local Law? MS . DRIANNE BRENNER : I am Drianne Brenner . Member of the Orient Association . So the question is , if we made comments at the previous Public Hearing, do those comments still stand in the record for this Public Hearing? SUPERVISOR SCOTT RUSSELL : Yes , it ' s all -- MS . DRIANNE BRENNER : So I don ' t have to repeat myself? SUPERVISOR SCOTT RUSSELL : No . COUNCILMAN GREG DOROSKI : Unless you want? SUPERVISOR SCOTT RUSSELL : Certainly be consistency with this particular Local Law . December 13, 2022 Regular Meeting 4 COUNCILMAN GREG DOROSKI : If you want to amend them? MS . DRIANNE BRENNER : No . No . Thank you very much . COUNCILMAN GREG DOROSKI : And thank you for your help getting this done to begin with . SUPERVISOR SCOTT RUSSELL : Would anybody else like to address this particular Local Law? (No Response ) . JUSTICE LOUISA EVANS : Motion to close this hearing . COUNCILMAN GREG DOROSKI : Second . SUPERVISOR SCOTT RUSSELL : All in favor? COUNCILWOMAN JILL DOHERTY : Aye . COUNCILMAN BRIAN MEALY : Aye . COUNCILWOMAN SARAH NAPPA: Aye . COUNCILMAN GREG DOROSKI : Aye . JUSTICE LOUISA EVANS : Aye . SUPERVISOR SCOTT RUSSELL : Aye . * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * PUBLIC COMMENTS SUPERVISOR SCOTT RUSSELL : At this December 13, 2022 Regular Meeting 5 point, that concludes the agenda . I would invite anybody that would like to address the Town Board on any particular issue, please feel free? MS . ELLEN ZIMMERMAN : Supervisor Russell , Members of the Town Board . My name is Ellen Zimmerman . I live in East Marion . I understand that the recent work session of the Town Board decided to allow the processing on preserved farmland . This is specifically forbidden by the current Town Code . Can you explain exactly what changes to the current code are proposed and why? How will the Town define processing? Will there be restrictions on the size and scope of processing operations? What about environmental impacts? Has anyone made a specific proposal to do the processing on the preserved agricultural property, if so, what sort of processing is proposed . Also, Chapter 70 , Section 5 , in the Town Code states no subsequent amendment of the provisions of this subsection shall alter the limitations imposed on these development rights and by the Town prior to any such December 13, 2022 Regular Meeting 6 amendment . Will this mean that any proposed changes would not apply to lands whose development rights the Town acquired before the proposed amendment was implemented? Also, do you plan to make a final decision on the -- at the code meeting in January? Whether or not given the short time, how will public input be to this change of the code be solicited and integrated into a final decision? SUPERVISOR SCOTT RUSSELL : From my perspective -- I am sure the rest of the Board can weigh in, but I will say we ' re a long way away ' s from making those types of changes . MS . ELLEN ZIMMERMAN : Good . SUPERVISOR SCOTT RUSSELL : Ultimately, processing of farmland, there is a restriction of 1 . 5% in terms of building size . Processing is currently allowed and it is defined under the code . So 600 of what you ' re processing on site was owned by the farm operator . The issue is what we ' re going to allow on PDR fund . That is not governed by the code . That is governed by December 13, 2022 Regular Meeting 7 easement . Many of these older easements say that you ' re allowed to -- all the activities on the PDR land are allowed . That are allowed in Chapter 70 or as may be amended . So now the discussion is , if we ' re going to amend 70 , to what extent to allow for a looser interpretation of the PDR properties . I think there is a general understanding from land preservation, that the easements themselves are a little bit too restrictive . So we need to loosen the rules . The whole discussion gets down really in a nut shell , loosen them to what extent . And that is where the difficulty is coming in right now . But we are a far away from actually getting that . MS . ELLEN ZIMMERMAN : All right . And so at what point will there be input from the public on this? COUNCILWOMAN SARAH NAPPA: It will go through a Public Hearing because we have a code change -- MS . ELLEN ZIMMERMAN : Just a Public Hearing? Nothing in advance when you ' re discussing what the possibilities are? December 13, 2022 Regular Meeting 8 SUPERVISOR SCOTT RUSSELL : There would be notice to the Code Committee meetings . COUNCILWOMAN SARAH NAPPA: There is one on January 10th . SUPERVISOR SCOTT RUSSELL : We will have some Code Committee meetings . Obviously people can submit questions at any point in between those meetings . We will certainly be happy to bring that all to the table for a discussion . And then ultimately any changes would have to go to a Public Hearing . MS . ELLEN ZIMMERMAN : Okay . SUPERVISOR SCOTT RUSSELL : You have to remember, that we also have to be consistent with community development rights . I am sorry, the CPF program, which changed a few years ago . But based on certain ratings of it, could require it . Depends on your interpretation on the way that it was written . So we ' re trying to juggle a lot of things here . Maintain the integrity of the program and at the same time, farmers have enough flexibility . So December 13, 2022 Regular Meeting 9 as industry needs change down the road, we can accommodate those changes . MS . ELLEN ZIMMERMAN : I understand that there is certain kind of processing . People who have chickens might want to be able to slaughter those chickens , but -- SUPERVISOR SCOTT RUSSELL : You had to give the most graphic example . You could have said made jelly year-round . MS . ELLEN ZIMMERMAN : But you know, the scale, I think is an issue . COUNCILWOMAN SARAH NAPPA: It ' s a good model what you referenced and that ' s definitely where this will -- this will kind of looking at scales is 100% what we ' re considering . SUPERVISOR SCOTT RUSSELL : Yes . Sarah actually expressed exactly what you ' re concerned with . She raised the issue of the balance here and you can ' t allow for the complete -- basically argue, that you can ' t allow this to completely surrender to things like this . There has to be a substantial balance . MS . ELLEN ZIMMERMAN : Well , thank December 13, 2022 Regular Meeting 10 you . COUNCILMAN GREG DOROSKI : Thank you . SUPERVISOR SCOTT RUSSELL : Who else would like to address the Town Board? MR . STEPHEN KIELY : Good evening, Mr . Supervisor and Members of the Board . My name is Stephen Kiely and I am a resident of Mattituck . I am here to speak tonight about the emergency situation that is occurring at the corner of Oregon Road in Cutchogue . Specifically the proposed battery energy storage facility . First, what are you, the Town Board, going to do about it? SUPERVISOR SCOTT RUSSELL : First, it ' s a pending application . So I am not sure it ' s appropriate for the Town Board to comment on specific application . It is before two Board ' s , the ZBA and the Planning Board . But I also need to strongly suggest that the State regulates that they have already determined that battery storage facilities are considered public utilities . And we can ' t regulate public utilities . We can site plan them. I disagree with New York State . I believe that they ' re December 13, 2022 Regular Meeting 11 considered public utilities . I will get clarification on that . MR . STEPHEN KIELY : Okay . I hope -- I believe you have three options as a Town Board . The first one being, immediately enact a moratorium. Realize that you have the power to protect the health and safety and welfare of those within the Town of Southold . And immediate pause should take place on a potential environmental and public safety impacts of battery storage facilities and may be reviewed . Battery storage may very well be beneficial . But the site as referenced, site needs to be done in connection with a well thought out plan . The siting of these facilities should not be done in an ad hoc manner by Special Exception . If a moratorium is in place, the Town should enact a Chapter 625 and 6 . 6 of the Comprehensive Plan . 6 . 5 speaks to expand renewable energy opportunities that provide direct benefit to its citizens . The right benefit . While ensuring quality of life . 6 . 6 speaks to protect scenic natural cultural resources , while planning a December 13, 2022 Regular Meeting 12 provision of adequate energy for the future, and protect scenic resources . In accordance with these objectives , adopt a Local Law to regulate the siting, installation, operation, maintenance and decommissioning of such battery storage facilities . Once you adopt such a regulation, then and only then, let this site application proceed . The second option is a CPF purchase . If there ever was a property worth preserving, this would be it . Goal Number 1 , of the Land Preservation Chapter of the Comprehensive Plan is "continue to promote farming . With an overall goal of retaining, 8 , 000 acres , 800 of the current agricultural acreage and agriculture . And objective 1 . 2 is to continue to purchase farmland development rights and preserve farmland . As you ' re aware, the purpose of the Community Preservation Fund is to project open and undeveloped land within the Town of Southold, including agricultural lands . This property, along with the aquifer needs to be saved from potential permanent environmental harm. This is a 27 acre December 13, 2022 Regular Meeting 13 working farm that will potentially be forever removed from production . A farm location on a bucolic agricultural Town road . I know you need a willing dance partner, but please make an offer . Three, rezone . On your own motion, not only the McBride Farm, but every single property that is zoned Light Industrial , Light Industrial/Office Park, south of Oregon Road between Cox land and Depot Lane, that is not already industrial use . You need to rezone that to agricultural conservation zoning . Why? Just look to your Comprehensive Plan . First in Chapter 9 of the Comprehensive Plan, entitled Agriculture, Objection 1 . 3 , says continue to protect farmland from conversion to a non-agricultural use, which is exactly what is happening here . A family farm is sadly going to be converted to industrial use . Further, Objective 2 . 1 in Land Use and Zoning Chapter, says to review zoning for commercial and industrial districts . An industrial district along Oregon Road is wholly inappropriate . Also Goal 5 of the Land Use Chapter, is to December 13, 2022 Regular Meeting 14 protect character, including scenic vistas . Goal 6 is to protect and enhance the Town ' s natural resources and environment, including agriculture soils . 9 , is to retain in advance the business of agriculture . And specifically for Cutchogue, in the Cutchogue section, the Comp Plan states that preserving farmland and farming are more important for the future of Cutchogue . You have the power right now pursuant to Article 28 of the Zoning Code, along with the mandate from the Comprehensive Plan to correct the sins of the zoning past, by rezoning these properties . Do it, and do it now . The beauty is that these three options are not mutually exclusive and can be done in tandem and the moratorium will provide the time necessary to rezone these properties . These options are all securely as I reference grounded in the Comprehensive Plan . You have a guide . You have the power . You have the authority . A concurrent authority . I argue the supreme authority to stop this in its tracks . Lastly, these three options have in common December 13, 2022 Regular Meeting 15 is protection . The Town Board ' s most important duty is to protect this property . To protect these lands . To protect this road and protect the residents . I ask you to do something and do it now . Thank you . SUPERVISOR SCOTT RUSSELL : Who else would like to address the Town Board on any particular matter? (No Response ) . JUSTICE LOUISA EVANS : Motion to adjourn . COUNCILWOMAN SARAH NAPPA: Second . SUPERVISOR SCOTT RUSSELL : All in favor? COUNCILWOMAN JILL DOHERTY : Aye . COUNCILMAN BRIAN MEALY : Aye . COUNCILWOMAN SARAH NAPPA: Aye . COUNCILMAN GREG DOROSKI : Aye . JUSTICE LOUISA EVANS : Aye . SUPERVISOR SCOTT RUSSELL : Aye . (Whereupon, the meeting concluded at this time . ) December 13, 2022 Regular Meeting 16 C E R T I F I C A T I O N I , JESSICA DILALLO, a Court Reporter and Notary Public, for and within the State of New York, do hereby certify : THAT the above and foregoing contains a true and correct transcription of the Meeting held on December 13 , 2022 , via videoconference , and were transcribed by me . I further certify that I am not related to any of the parties to this action by blood or by marriage and that I am in no way interested in the outcome of this matter . IN WITNESS WHEREOF, I have hereunto set my hand this 26th day of December, 2022 . Jessica DiLallo