HomeMy WebLinkAboutPBA-01/09/2023 OFFICE LOCATION: ° ell MAILING ADDRESS
Town Hall Annex P.O.Box 1179
z; Southold
54375 State Route 25 �, '„�� - ,NY 11971
(cor.Main Rd.&Youngs Ave.) ;1 Telephone: 631-765-1938
Southold,NY V www.southoldtowuny.gov
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD RECEIVED
JAf2 02 e-
MEMORANDUM OS u old Town ler
To: Denis Noncarrow, Town Clerk
From: Jessica Michaelis, Planning Department
Date: January 13, 2023
Re: January 9, 2023 Planning Board Public Meeting
Attached please find the Final Agenda and Approved Resolutions from the
January 9, 2023 Planning Board Public Meeting. A Records Transmittal Form has been
submitted to Records Management.
OFFICE LOCATION: MAILING ADDRESS:
Town Hall Annex OF S0U P.O. Box 1179
54375 State Route 25 O�� TyOI Southold, NY 11971
(cor.Main Rd. &Youngs Ave.) O
Southold, NY � � Telephone: 631 765-1938
www.southoldtownny.gov
00UNT`1,0ct�`
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
PUBLIC MEETING AGENDA
Monday,January 9, 2023
4:00 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: 828 4549 8820
Password: 974369
♦ Join by telephone:
Call 1 (646) 558-8656
Enter Meeting ID and password when prompted (same as above)
Southold Town Planning Board Public Meeting —January 9, 2023 — Page 2
.SETTING OF THE NEXT PLANNING BOARD MEETING
Board to set Monday, February 6, 2023 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
SET HEARING:
Arrow Horse Farm —This agricultural site plan is for the proposed construction of an 8,064 sq. ft.
building for the keeping, breeding, raising and training of horses with eighteen stalls and no
basement; a 1,800 sq. ft, agricultural storage building, two 240 sq. ft. run-in sheds with supporting
parking and driveway access on ±17.02 acres with Southold Town Development Rights in the A-
C/R-80 Zoning District. The property is located at 13945 Oregon Road, Cutchogue. SCTM#1000-
83-2-9.3
Peconic Watersports —This site plan is for the proposed creation of a 7,535 sq. ft. marine sales,
service, and storage facility, including the demolition of an existing building, on a 37,123 sq. ft'.
parcel in the General Business "B" Zoning District. The property is located at 46770 County Road
48, Southold. SCTM#1000-55-5-9.1
SEQRA CLASSIFICATIONS:
Arrow Horse Farm — (see description above) SCTM#1000-83-2-9.3
Peconic Watersports — (see description above) SCTM#1000-55-5-9.1
SUBDIVISIONS
STATE ENVIRONMENTAL QUALITY REVIEW ACT -Adopt Findings Statement
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, and Lots 2 through 5 are each +/- 1 acre 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
ACCEPT PERFORMANCE BOND:
Baxter Standard Subdivision (aka North Fork Estates) -This four-lot approved subdivision is
located in the Hamlet Business Zoning District on the northeast side of Grilling Street at the
intersection with Schoolhouse Road in Cutchogue. SCTM#1000-102-5-9.7, 9.8, 9.9 & 9.10.
CONDITIONAL PRELIMINARY PLAT DETERMINATION:
Kalagiros Standard Subdivision —This standard subdivision proposes to subdivide a 4.28-acre
parcel into two 2-acre lots in the Agricultural Conservation zoning district. The property is located at
18365 CR 48, Cutchogue. SCTM#1000-95-4-16.1
OFFICE LOCATION: MAILING ADDRESS:
Town Hall AnnexP.O. Box 1179
54375 State Route 25 � ®� �����®�® Southold, NY 11971
(cor. Main Rd. &Youngs Ave.) Telephone: 631 765-1938
Southold, NY
www.southoldtownny.gov
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
January 10, 2023
Ms. Patricia C. Moore, Esq.
51020 Main Road
Southold, NY 11971
Re: SEAR Classification & Set Hearing
Arrow Horse Farm
13945 Oregon Road, Cutchogue
SCTM#1000-83.-2-9.3
Dear Ms. Moore,
The following resolutions were adopted at a meeting of the Southold Town Planning
Board on Monday, January 9, 2023:
WHEREAS, this Site Plan application is for proposed construction of an 8,064 sq. ft.
building for the keeping, breeding, raising and training of horses with eighteen stalls, 1.5
bathrooms, and no basement; an 1,800 sq. ft, agricultural storage building with 0.5
bathroom, two 240 sq. ft. run-in sheds, with supporting parking and driveway access on
±17.02 acres with Southold Town Development Rights in the A-C/R-80 Zoning District.;
and
WHEREAS, the Southold Town Planning Board has determined the proposed action to
be Type II as it falls within the following description of 6 CRR-NY 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"; be it therefore
RESOLVED, that the Southold Town Planning Board has determined that this proposed
action is a Type 11 Action under SEQRA as described above; and be it further
Arrow Horse Farm Page 2 January 10, 2023
RESOLVED, that the Southold Town Planning Board sets Monday, February-6,.2023
at 6:02 p.m. for a Public Hearing regarding the Site Plan entitled "Arrow Farm"
prepared by Jim Deerkoski, PE, last revised November 18, 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 preen return receipt cards before
12.00 noon on Friday, February 3, 2023 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: MAILING ADDRESS:
Town Hall Annex ®�, q� 5®���®� 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
COUNTi,�
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
January 10, 2023
Mr. Martin D. Finnegan, Esq.
P.O. Box 1452
Mattituck, NY 11952
Re: SEQR Classification & Set Hearing
Peconic Watersports
46770 Route 48, Southold
SCTM#1000-55.-5-9.1
Dear Mr. Finnegan,
The following resolutions were adopted at a meeting of the Southold Town Planning
Board on Monday, January 9, 2023:
WHEREAS, this Site Plan application is for proposed creation of a 7,535 sq. ft. marine
sales, service, and storage facility, including the demolition of an existing retail building,
on a 37,123 sq. ft. parcel in the General Business "B" Zoning District, Southold; and
WHEREAS, the Southold Town Planning Board, pursuant to State Environmental
Quality Review Act (SEQRA) 6 NYCRR, Part 617, has determined that the proposed
action is an Unlisted action as it does not meet the criteria for a Type I or Type II action;
be it therefore
RESOLVED, that the Southold Town Planning Board has determined that this proposed
action is an Unlisted Action under SEQRA as described above; and be it further
RESOLVED, that the Southold Town Planning Board sets Monday, February 6, 2023
at 6:03 p.m. for a Public Hearing regarding the Site Plan entitled "Peconic
Watersports" prepared by Howard W. Young, N.Y.S.L.S., last revised December 12,
2022.
Peconic Watersports Page 2 January 10, 2023
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 preen return receipt cards before
12.00 noon on Friday, February 3, 2023. 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,
r
Donald J. Wilcenski
Chairman
Encls. .
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.southoldtow-nny.gov
C®UNTY,�
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
January 10, 2023
Larry Buscemi
P. O. Box 679
Mount Sanai, NY 11766
Re: LWRP, SEAR, P&P Finding, and Conditional Preliminary Plat Approval-
Kalargiros
18365 County Route 48, Southold
SCTM#1000-95-4-16.1
Dear Mr. Buscemi:
The Southold Town Planning Board adopted the following resolutions at a meeting held
on Monday, January 9, 2023:
WHEREAS, this standard subdivision proposes to subdivide a 4.23 acre parcel into two
lots where; Lot 1 equals 2.09 acres and Lot 2 equals 2.14 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 January 10, 2023
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; and
WHEREAS, on March _, 2022, the Southold Town Planning Board granted
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 and all conditions have been satisfied;
and
WHEREAS, the applicant submitted a Preliminary Plat Application on June 16, 2022;
and
WHEREAS, the size of the subject parcel is 4.23 acres and surrounded by existing
residential development and primary road Suffolk County Route 48. Suitable land does
not exist within the proposed subdivision to accommodate a public park or playground
due to the limited acreage of the parcel and location; and
WHEREAS, the Southold Town Code establishes a fee to be paid in lieu of providing a
park within the subdivision; the required fee is $7,000.00 per new lot created, and this
subdivision will create one new lot; and
WHEREAS, on April 21, 2022, the Town of Southold Local Waterfront Revitalization
Program (LWRP) Coordinator reviewed this application, and has recommended the
proposed project be found consistent with the policies of the Southold Town LWRP; and
WHEREAS, on October 3, 2022 a public hearing was held and closed on the "Proposed
Preliminary Plat Kalargiros Standard Subdivision" prepared by Peter V. Brabazon, PLS
dated May 24, 2022 and last revised June 15, 2022, and
WHEREAS, on July 25, 2022, at their work session, the Planning Board reviewed the
submission and found the Preliminary 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, as described above, hereby finds
that the proposed subdivision plat presents a proper case for requiring a park suitably
located for recreational purposes, but that a suitable park cannot be properly located on
such subdivision plat, and that the Planning Board will require $7,000.00 in lieu thereof,
pursuant to 240-53 G of the Southold Town Code; and be it further
Kalargiros Standard Subdivision Page 13 January 10, 2023
RESOLVED, the.Southold Town Planning Board has found that this proposed action is
Consistent with the policies of the Town of Southold Local Waterfront Revitalization
Program; and be it further
RESOLVED, the Southold Town Planning Board, pursuant to State Environmental
Quality Review Act (SEQRA) 6 NYCRR, Part 617, grants a Negative Declaration for the
action, and be it further;
RESOLVED, that the Southold Town Planning Board approves the map entitled
"Proposed Preliminary Plat Kalargiros Standard Subdivision", prepared by Peter V.
Brabazon, PLS, dated May 24,-2022 and last revised June 15, 2022 subject to the
following conditions;
1. Submit a Complete Final Plat Application.
2. The Southold Town Code requires two separate maps.
a. Final Plat showing the subdivision details.
b. Road and Drainage Plan. Please transpose the road and drainage
information onto a separate map incorporating all the Town Engineer's
comments.
3. Amend the Preliminary Plat as follows:
a. The subdivision and property boundary lines must be solid. They cannot
be dashed. .
b. Amend the General Note section referring to Oregon View Estates.
4. Provide and submit a separate Final Road and Drainage Plan.
a. Provide a center line profile for the road.
b. Label the road with the designated name. The name will be approved by
the Police Department and Highway Department.
c. Revise the road design to reflect a total pavement width of 24'.
d. Eliminate the sidewalks details, as no sidewalks will be constructed along
this road.
e. Provide details for the test hole.
Kalargiros Standard Subdivision Page 14 January 10, 2023
f. Provide drainage calculations for a 2" rainfall event and size the drainage
system to capture 100 % of this runoff.
g. Revise the drainage detail to incorporate 15" diameter smooth wall interior
and corrugated exterior HDPE pipe.
h. Show concrete monuments four inches by four inches by 30" at all
alignment changes at points of curvature and tangency and at 100 feet
along curves. Monuments shall be shown on both sides of the highway.
i. Show the locations of the detail of all erosion and sediment controls
including but not limited to the construction entrance, perimeter silt
fencing, concrete washout area and soil stockpile area.
j. Provide details on how the Verizon box will be relocated to the outside of
the road area.
k. Provide verification that the distance referenced on the plan (218' to the
Fire Hydrant) is adequate for fire protection for future development from
the Cutchogue Fire District.
I. Provide details of the street light and its compliance with Town dark skies
standards.
m. Provide details of all encroachments on the Town's property so that the
construction of the road can be completed.
n. Title should read "Final Road and Drainage Plan Kalagiros Standard
Subdivision."
o. Show the width of the two driveways clearly.
p. Remove the thirteen street trees shown on the Preliminary Road and
Drainage Plan. The trees cannot be located within the Town right of way
according to Section 161-44B of the Southold Town Code, which states;
"Trees shall be planted at intervals of 30 feet to 40 feet depending on the
species, and the trees shall be located five feet outside the right-of-way on
private property." And since the properties on either side of the right of
way are held in separate ownership from the subject property, they cannot
Kalargiros Standard Subdivision Page 15 January 10, 2023
be located outside the right of way. In cases such as this, where it is not
feasible to plant the required street trees, the Planning Board requires a
fee in lieu of planting. The funds are then used to plant street trees
elsewhere.
q. The road should be designed to keep the hedge to the south intact.
r. What are the two bold type 50' notations at the end of the cul-de-sac
referring to? Please provide clear labels.
s. The sewer notes on the plan do not apply. Please remove them.
5. Submit a performance guarantee for all work within and on Town of Southold
property.
6. Submission of Draft Covenants and Restrictions (a template will be provided by
the Planning Department) with the following clauses (please note that not all
clauses that will be required are outlined below):
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 Ib. of nitrogen per 1,000 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 1 st and April 1 st.
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.
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
Kalargiros Standard Subdivision Page 16 January 10, 2023
additional changes to the Final Plat and/or,documents may be required by the
Planning Board. Property boundary monuments will be required to be shown on
the Final Plat.
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.
If you have any questions regarding the information contained in this resolution, please
contact the Planning Board Office at (631) 765-1938.
Respectfully,
Donal J. Wilcenski
Chairman
cc. Richard Boyd
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.) as
Southold, NY Telephone: 631 765-1938
www.southoldtow-rmy.gov
eo
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
January 10, 2023
James M. Rosenberg
Wyandanch Real Estate Corporation
1325 Locust Avenue
Bohemia, NY 11716
Re: Performance Bond Acceptance
North Fork Estates, aka Baxter Standard Subdivision
SCTM#:1000-102-5-9.7, 9.8, 9.9, 9.10
Dear Mr. Rosenberg:
The Southold Town Planning Board adopted the following resolution at a meeting held
on Monday, January 9, 2023:
WHEREAS, at their November 21, 2022 work session, the Planning Board reviewed a
covenant violation for the properties referenced above at their November 21, 2022 work
session. They found that over 90% of each property had been cleared where the limit in
the covenants was 60%. They required that 40% of each property be revegetated
according to an approved revegetation plan, and that a performance guaranty would be
required to be submitted before the revegetation plans could be approved; and
WHEREAS, this performance bond is for the purpose of guaranteeing the successful
revegetation of the properties referenced above; and
WHEREAS, the Planning Board reviewed and approved an estimate in the amount of
$250,000 for the implementation of the revegetation plans; and
WHEREAS, on December 12, 2022, the property owner submitted a performance bond
in the amount of$250,000, issued by the Lexington National Insurance Corporation,
Bond # L253566-2120; be it therefore
e
Baxter Subdivision Performance Bond Page 2 January 10, 2023
RESOLVED, that the Southold Town Planning Board hereby accepts the performance
bond for the revegetation plans in the amount of$250,000, and recommends same to
the Town Board.
If you have any questions regarding the information contained in this resolution, please
contact the Planning Board Office.
Res ectfully
E�n�
Dona J. Wilcenski
Chairman
cc: Denis Noncarrow, Town Clerk
Robert Fisher (via email)
LEXINGTON NATIONAL INSURANCE
CORPORATION
P.O. BOX 6098
LUTHERVILLE, MD 21094
PHONE (410) 625-0800 FAX (410) 625-0865
PERFORMANCE BOND
Bond # L254566-2120
KNOW ALL MEN BY THESE PRESENTS, That we,WYANDANCH REAL ESTATE CORP.
1325 Locust Avenue Bohemia, NY 11716 as Principal and
the Lexington National Insurance Corporation , a Florida Corporation authorized to
do business in the State of New York ' having an office and place of business at 2740 Rt. 10 W
Suite 205 Morris Plains, New Jersey 07950 as Surety are held and firmly bound unto
TOWN OF SOUTHOLD
As Obligee, in the sum of
TWO HUNDRED FIFTY THOUSAND AND 00/100 ($250,000.00 ) Dollars,
lawful money of the United States of America, for the payment whereof to the Obligee, the said
Principal and Surety bond themselves, their heirs, executors, administrators, successors and
assigns, jointly and severally, firmly by these presents.
SIGNED, SEALED AND DATED THIS 8th December 2022
WHEREAS, The Principal has entered into an agreement with the
TOWN OF SOUTHOLD
Obligee, guaranteeing only that the principal will complete site improvements as per the
Town of Southold, Planning Board Letter dated 11/28/22
At certain land known as North Fork Estates A/K/A NOFO Estates/SCTM #1000-102-5-9.7, 9.8, 9.9, 9.10
All of which improvements shall be completed on or before the date set forth in the agreement.
NOW, THEREFORE, the condition of this obligation is such, that if the Principal shall carry out
all the terms of said agreement relating to the site improvements only and perform all the work
set forth therein all within the time set forth in said agreement, then this obligation shall be null
and void, otherwise to remain in full force and effect. This bond is not transferable or assignable.
It is a further condition of this bond that in the event the Principal shall, during the period of
time within which this bond is in force and effect, have transferred title to the property upon
which the site improvements are required to be made or in the event the Principal is a
corporation, shall have transferred a majority of its shares and the Surety shall advise the
Obligee of such transfer, then and in that event, the Obligee agrees that it will immediately
require such transferee to post a replacement bond and further cause a Cease and Desist Order
to be issued with regard to the project, until such time a replacement bond has been delivered
to the Obligee. Otherwise, the obligations of this bond shall remain in full force and effect, but in
no event to be assignable.
NO party other than the Obligee shall have any rights hereunder as against the Surety.
The Aggregate liability of the Surety of the Bond Obligation set forth herein shall not exceed the
penal sum hereof for any cause or reason whatsoever, inclusive of attorney's fees or other costs.
-J
PRINCIPAL: WYANDANCH EAL ESTATE CORP.
Attest: BY: _ — L,S.
James M. Rosenber sident
Attest: BY: L.S.
Attest: BY: L.S.
Attest: BY: L.S.
Attest: BY: L.S.
Attest: BY: L.S.
Attest: BY: L.S.
LEXINGTON NATIONAL INSURANCE
CORPORATION L.S.
0
Attest:00-
Cristina Carpenter Witness/Attest as to Surety Phyllis Pepe Attorney-in-tact
CORPORATE/LLC ACKNOWLEDGMENT
State of
County•of
• 20 44 personally came before me,
On this � day of >°C �"'
of JCP4��S/ to me known to be the person
Who executed the foregoing and acknowledged that the had the authority t6;execute the same as-the act of'said corporation or limited
lability company. BRIAN J.KAEHNE (seal)
NOTARY PUBLIC,State of New York
1o.01K.A3I 5579 Notary Public,
Qual.in Suffolk County. My Commission Expires:/�1fQIIS� '
Term Expires August 9,20
CORPORATE/LLC ACKNOWLEDGMENT
>tate of
2ounry of
Dn this day of ,20 _ ,personally came before me,
of to me.known to be the persons
,rho executed the foregoing and acknowledged that they had the authority to execute the same as-the act of said corporation or limited
;lability company. (seal)
Notary Public
My Commission Expires:
PARTNERSHIP ACKNOWLEDGMENT
State of
-ounry of
On this day of ,20 ,personally came before me,
of to me known to be the persons
,vho executed the foregoing and acknowledged that they are the partners in the firm of
ind acknowledged that they executed the foregoing instrument as the act of the said firm.
(seal)
Notary Public
My Commission Expires:
PROPRIETORSHIP ACKNOWLEDGMENT
State of
-ounry of
'_)n this day of ,20 , personally came before me,
)roprietor of to me known to be the person who executed the
oregoing instrument and acknowledged that he signed the same as his voluntary act and deed.
(seal)
Notary Public
My Commission Expires
OFFICE LOCATION: MAILING ADDRESS:
Town Hall Annex .�Q�SOU�y P.O.Box 1179
54375 State Route 25 O �l Southold,NY 11971
(cor.Main Rd.&Youngs Ave.) Telephone:631765-1938
Southold,NY i 3 www.southoldtownny.gov
0 ® ao
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
November 28, 2022
Robert Fisher via email: rfis641100@yahoo.com
Re: Standard Subdivision of Baxter: Covenant Violation (aka NOFO Estates)
SCTM#1000-102-5-9.7, 9.8, 9.9, 9.10 Zoning District: HB
Dear Mr. Fisher:
The Planning Board reviewed the covenant violation and revegetation plans for the
properties referenced above at their November 21, 2022 work session. We found that
over 90% of each property had been cleared where the limit in the covenants was 60%.
We are requiring that 40% of each property be revegetated, and that a performance
guaranty is required to be submitted before we can approve the revegetation plans and
recommend lifting the stop work orders.
After reviewing the revegetation plans submitted on your behalf, and an estimate of the
cost of materials and installation, the Board is requiring a performance guaranty in the
amount of$250,000. The estimate of the cost of materials is attached and is $170,000.
The estimate of the cost of installation is $80,000, and is based on the amount of time to
install, the cost of labor, machinery, mulch and other materials.
The performance guaranty in the amount of$250,000 should be in the form of an
unconditional and irrevocable letter of credit from a bank authorized to do business in
the State of New York. The letter of credit shall certify the following:
[a] That the creditor does guarantee funds in an amount equal to the performance
bond estimate of$250,000.
[b] That, in the case of failure on the part of the applicant to complete the specified
improvements within the required time period, the creditor shall pay to the Town
Board immediately, and without further action, such funds as are necessary to
Baxter Subdivision Page 2 November 28, 2022
finance the completion of those improvements, up to the limit of credit stated in
the letter.
[c] That the letter of credit may not be withdrawn, or reduced in amount, until
released by the Town Board.
Please submit the letter of credit to the Planning Department. If you have any questions
regarding the above, please contact this office at(631)765-1938.
Sincerely,
Donald J. Wil ki
Chairman
cc: Damon Hagan, Assistant Town Attorney
Encl.
ONVOICE-SHOPPING TICKET
PEAT AND SON CORP
32 OLD COUNTRY ROAD Invoice Number: NOFO ESTATES REVEG
WESTHAMPTON,NY 11977 Date: Nov 18,2022
(631)288-3458
(631)288-3579
i
Customer _ •
SPACE(S)LANDSCAPE ARCHITECTURE
P.O.BOX 456
QU OGUE,NY 11959
PO#./JOB NAME 1 i_ Payment Ternts ^� r —_ Sales;IZep __-
..�_ _._.
NO FO ESTATES REVEG I C.O.D.
i Quantity Descraptlon Unit Price Actio -nt
1_- _ 7 -- — -- - — -- _l_.--
TREES
19.00 ACER RUBRUM OCTOBER GLORY 3.514" 595.00 11,305.00
30.00 CORNUS FLORIDA IN VARIETY 2.5/3" 365.00 10,950.00
9.00 LIQUIDAMBAR STYRACIFLUA SW EETGUM 2.5/3" 335.00 3,015.00
EVERGREEN TREES
30.00 ILEX OPACA IN VARIETY 617'HVY. 495.00 14,850.00
44.00 JUNIPERUS VIRGINIANA RED CEDAR 7/8'HVY. 245.00 10,780.00
107.00 JUNIPERUS VIRGINIANA RED CEDAR 8/10'HVY. 375.00 40,125.00
DECIDUOUS SHRUBS
664.00 MYRICA PENSYLVAN ICA BAYBERRY#3 26.00 17,264.00
131.00 VACCINIUM CORYMBOSUM#3 SUB FOR#5 26.00 3,406.00
133.00 VIBURNUM DENTATUM BLUE MUFFIN#5 29-00 3,857.00
169.00 VIBURNUM ACERIFOLIUM#3 SUB FOR#5 55.00 9,295.00
EVERGREEN SHRUBS
339.00 ILEX GLABRA COMPACTA SHAMROCK#3
28.00 9,492.00
GROUNDCOVER GRASSES
3,648.00 ANDROPOGON VIRGINICUS 2"PLUG 1.95 7,113.60
11,728.00 I DESCHAMPSIA FLEXUOSA 2" 2.50 29,320.00
I
{
Subtotal 170,772-601
CUSTOMER SIGNATURE " Sales Tax 14,729.141
TOTAL 1t35,5D1.74{
ALL GOODS SOLD AS IS.SELLER MAKES NO WARRANTIES EXPRESSED OR IMPLIED.WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICU
PURPOSE WAIVED BY PURCHASER.NET CASH 1.5%INTEREST PER MONTH WILL BE CHARGED ON BALANCES UNPAID AFTER 30 DAYS
SURETY ACKNOWLEDGEMENT
State of New Jersey
ss:
County of Morris
On this 8th day of December, 2022 , before me personally comes
Phyllis Pepe to me known; who,being by me duly sworn, deposes and says
that he/she resides in Cedar Knolls,NJ, that he/she is the Attorney-in-Fact of the
Lexington National Insurance Corporation the Corporation described
in and which executed the foregoing instrument; that he/she knows the seal of the
said Corporation; that the seal affixed to the said instrument is such Corporate seal; that
it was so affixed by the order of the Board of Directors of the said Corporation, and that
he/she signed his/her name thereto by like order.
(Signa e&Title of Official Taking Acknowledgment)
ti itH T Ni_-'E FOCHES T O ;
C.nmrnis=ion' 2-304"t)-
Notary Puialic,u5ta \
te o . r seyrr
r�
'11 iUt;Commissior. L;;i:+ircs a
�; March 16, 201:'5 `�
IMPORTANT NOTICE—THIS POWER OF ATTORNEY IS VOID IF'rLNIC Original"WATERMARK IS NOT PRESENT
POWER OF ATTORNEY
Lexington National Insurance Corporation
Lexington National Insurance Corporation,a corporation duly organized under the laws of the State of Florida and having its
principal administrative office in Baltimore County,Maryland,does hereby make,constitute and appoint:
Patrick J.Lynch,Sr., Patrick J. Lynch,Jr., Michele Charette, Gina Ring, Phyllis Pepe
as its true and lawful attorney-in-fact,each in their separate capacity,with full power and authority to execute,acknowledge,seal
and deliver on its behalf as surety any bond or undertaking of$6,000.000 or less. This Power of Attorney is void if used for any
bond over that amount.
This Power of Attorney is granted under and by authority of the following resolutions adopted by the Board;of Directors of the
Company on February 15,2018:
Be it Resolved,that the President or any Vice-President shall be and is hereby vested with full powi'.an'd;authoilty.;to appoint
suitable persons as Attorney-in-Fact to represent and act for and on behalf of the Company subjec4.to the tollowing:provlsions:
Attomey-in-Fact may be given full power and authority for and in the name of and on the befialf.of the Cotnpari`,'to execute,
acknowledge and deliver any and all bonds,contracts-,or indemnity and othef,_conditional 6o',obiidat, unilertakingsltincluding any
and all consents for the release of retained percentages and/or final estimate, engineering and`constri ctlog conii'acts,and any
all notices and documents cancelling or terminating the Company's liability thereunder and any such pstrumentsso executed by
any Attorney-In Fact shall be binding upon the Company as if signed by the President-and sealed by 69'P9 orate Secretary.
RESOLVED further,that the signature of the President or any Vice-President of LEX INGTON'NATIONAL INSURANCE CORPORATION
may be affixed by facsimile to any power of attorney,and the signature of itie=Secretary or aiij,j sistaht Secretary and the seal of the
Company,may be affixed by facsimile to any certificate of such power,,or any,such power or certifjcate bearing such facsimile signature
or seal shall be valid and binding on the Company. Any such power so executed:and:sealed and certified by certificate so executed and
sealed with respell to any bond to which it is attached continue to be valid and,bindfng,upori;ihe Company.
41
IN WITNESS WHEREOF,the Company have caused this1nstrum"i3rtt to be signed.and their corporate seal to be hereto affixed.
. _ unnrh4
V 19
, yrµw
rrnrr,n,,,
Ronald A,Frank;iFeesident
State of Maryland
County of Harford County,SS:
Before me,a notary public,personally appeared,Ronald A.Frank,President of Lexington National Insurance Corporation,who
proved tome on the basis?of sati";factory evidence to b'e`the person whose name is subscribed to the within instrument and
acknowledged:to,me that he execuied=the saihe;in his capacity,and that by his signature on the instrument the person,or the entity
upon behalf ofwFii&the person acted;'ejcecuted'the Instrument.
I certify under the PENALTY of PERJURY under the laws of the State of Maryland that the foregoing paragraph is true and correct.
WITNESS'my hand and official seal:
Commission Eiipires: 05/23/24_
NOTARY
: .' PIIaLIC
Notary
I,Lisa R.Slater,Secretary of Lexington National Insurance Corporation,do hereby certify that the above and foregoing is true and
correct copy of a Power of Attorney,executed by said company,which is still in full force and effect;furthermore,the resolutions of
the Boards of Directors,set out in the Power of Attorney are in full force and effect.
In Witness Whereof Ih ve hereunto set my hand and affixed the seal of said Company at Baltimore,Maryland this 8th day of
December X012
Corporate Seal:
Lisa R. ater, ecretar
F:unklPower olAttomey rortn eS 2021 with WalartnaM seal
r
i
LEXINGTON NATIONAL INSURANCE CORPORATION
P.O. BOX 6098 -- LUTHERVILLE, MD 21094
STATEMENT OF ASSETS, LIABILITIES, SURPLUS AM OTHER FUNDS' �
AT JUNE 30, 2021
ASSETS
Bonds (Amortized Value) $5,322,228
Common Stocks (Market Value) 850,278
Mortgage Loans on Real Estate 1,476,229
Real Estate - Properties held for sale - 0 -
Cash & Bank Deposits 12,179,504
Unpaid Premiums & Assumed Balances 1,670,226
Electronic Data Processing Equipment - 0 -
Miscellaneous Receivable 145,0413
interest & Dividends Due and .Accrued 30,720
Funds Held in Escrow Accounts 53,289,033
TOTAL ASSETS $74,963,266
LIABILITIES, SURPLUS & OTHER FUNDS I
4
Losses (Reported losses net as to reinsurance $ 255,000 r
ceded and incurred but not reported losses)
Commissions Payable 140,B24
Other Expenses (Excluding taxes, licenses and fees 492,758
Taxes, Licenses & Fees (Excluding Federal Income Tax) 201,914
Unearned Premiums 5,496,459
Advance Premiums 56,.415
Reinsurance Payable 105,071
Accounts Withheld by Company for Account of others 54,006,726 !
TOTAL LIABILIT14�91 $60,735,167 I
c
Common Capital Stock 2,950,500 !
Gross Paid-in & Contributed Surplus - 0 -
Unassigned Funds (Surplus) 11,661,791
Treasury Stock (404,192)
I
Surplus as Regards Policyholders 14,208,099
i
TOTAL LIABILITIES, SURPLUS & OTUER FUNDS 4 963.266
i
T, Robin Frank, Vice president of Lexington National insurance Corporation, certify that the
foregoing is a fair statement of Assets, Liabilities, Surplus and Other Funds of this Company,
at the close of business, June 30, 2021, as reflected by its books and recorda and as reported
in its statement on file with the Office of Insurance Regulation of the State of Florida.
I
IN TESTIMONY WIMREOF, I have set my
hand daffixed the
Company sealthis23rdet
day ofAugu``����➢,ySUR'QN�//i/�
i 1
LEXINGTON XXTXONBL INavRANcs coRp x� D0174rFa� 0
in Frank, Vica President
rluaic\nssr:rs o6-so-st %�,�'., ELOR�9�`y
�1plelill,K�n``�
OFFICE LOCATION: MAILING ADDRESS:
Town Hall Annex ®g soP.O. Box 1179
54375 State Route 25 ®�� ���� Southold, NY 11971
(cor. Main Rd. &Youngs Ave.)
Southold, NY Telephone: 631 765-1938
www.southoldtowrmy.gov
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
January 10, 2023
Attn: Steven Martocello
East End Holding Company
P O Box 336
Mt Sinai, NY 11766
Re: Adopt Findings Statement - The Orchards Standard Subdivision
2595 Orchard Street, on the northeast side of Orchard Street, 17' northwest of Halyoake
Avenue, Orient.
SCTM 1000-27-1-3 Zoning District: R-80
Dear Mr. Martocello:
The Southold Town Planning Board adopted the following resolution at a meeting held on
Monday, January 9, 2023:
WHEREAS, on August 24, 2020, the applicant submitted a Draft Environmental Impact
Statement, which has been reviewed; and
WHEREAS, on October 5, 2020, the Southold Town Planning Board, pursuant to the State
Environmental Quality Review Act, found the "Draft Environmental Impact Statement for
Subdivision Approval The Orchards" dated August 2020, adequate for public review and
comment; and
WHEREAS, a Public Hearing was held by the Southold Town Planning Board on Monday,
December 7, 2020, regarding the above-referenced application; and
WHEREAS, the Public Hearing was held open for written comment until January 11, 2021; and
WHEREAS, on April 11, 2022, the Planning Board accepted the Final Environmental Impact
Statement dated February 2022, prepared by the applicant and revised by the Planning Board
for review; and
WHEREAS, on June 5, 2022, that the Southold Town Planning Board, as Lead Agency,
adopted the Final Environmental Impact Statement for Subdivision Approval of the Orchards;
therefore, be it
-rhe Orchards Page 2 January 10 , 2023
Subdivision
........... ........... .......... ........................ .......... .. ....-
RESOLVED, that the Southold Town Planning Board, as Lead Agency, hereby adopts the
attached Findings Statement for The Orchards Standard Subdivision in consideration of the
FEIS and pursuant to Article 8 of the Environmental Conservation Law (State Environmental
Quality Review Act) and the implementing regulations of 6 NYCRR Part 617.
,If you have any questions regarding the information contained in this resolution, please contact
the Planning Board Office.
Respec Y)
Donald J. Wilcenski
Chairman
Encl.
cc:
Scott Russell, Southold Town Supervisor
Southold Town Clerk for Southold Town Board
Southold Town Zoning Board of Appeals
Southold Town Building Department
Southold Town Engineer
Southold Town Police Department
Southold Town Architectural Review Committee
Southold Town Highway Department
Orient Fire District
Suffolk County Department of Health Services
Suffolk County Water Authority
Suffolk County Planning Commission
Suffolk County Legislator
NYS DEC - Stony Brook
NYS DEC - Commissioner
NYS Department of Transportation
NYS Natural Heritage Program
File
FINDINGS STATEMENT
STATE ENVIRONMENTAL QUALITY REVIEW ACT
THE ORCHARDS STANDARD SUBDIVISION
HAMLET OF ORIENT, TOWN OF SOUTHOLD
SUFFOLK COUNTY,NEW YORK
Date: January 9, 2023
This Findings Statement is issued pursuant to Article 8 of the Environmental Conservation Law
(State Environmental Quality Review Act—SEQRA) and the implementing regulations therefor
at 6 NYCRR Part 617.
PROJECT LOCATION: Hamlet of Orient, Town of Southold, Suffolk County,New
York
SUFFOLK COUNTY
TAX MAP NUMBERS: SCTM 1000-27-1-3
APPLICANT: Orchards Standard Subdivision
2595 Orchard Street, on the northeast side of Orchard
Street, 17' northwest of Halyoake Avenue, Orient.
Contact: Steven Martocello
LEAD AGENCY: Town of Southold Planning Board
54375 Main Road
P.O. Box 1179
Southold,New York 11971
Contact: Donald J. Wilcenski, Chairman
(631) 765-1938
PREPARER& CONTACT: The Final Environmental Impact Statement was
prepared by-.-
Town
y:Town of Southold Planning Department
Southold Town Annex
54375 State Route 25
P.O. Box 1.179
Southold,New York 11971
Contact: Mark Terry, AICP,Assistant Director of Planning
(631) 765-1938
The Orchards Findings Statement January 9, 2023
DATE OF PREPARATION: 2022
AVAILABILITY OF
DOCUMENT: This document is available for public review at the offices
of the Lead Agency, 54375 Route 25, Southold,New York
11971. It is also available electronically at the following
address: http://www.southoldtownpy.gov.
The Town of Southold), as lead agency, subsequent to review of the Draft Environmental Impact
Statement(DEIS) and the Final Environmental Impact Statement(FEIS)prepared in accordance
under SEQRA hereby certifies that:
> it has considered the relevant environmental impacts, facts and conclusions disclosed in
the DEIS and FEIS;
> it has weighed and balanced relevant environmental impacts with social, economic and
other considerations;
> the requirements of 6 NYCRR Part 617 have been met;
> consistent with social, economic and other essential considerations from among the
reasonable alternatives available, the action described below is one that avoids or
minimizes adverse environmental impacts to the maximum extent practicable; and
> adverse environmental impacts will be avoided or minimized to the maximum extent
practicable by incorporating; as conditions to the decision, those mitigation measures that
were identified as practicable during the environmental review process and as set forth
herein.
2
The Orchards Findings Statement January 9, 2023
Description of Proposed Action
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 as proposed on the map entitled Subdivision for"The Orchards" dated as last
revised December 5, 2014.
Facts, Conclusions and Mitigation Measures
In accordance with 6 NYCRR §617.11,the Planning Board has considered the DEIS and FEIS
for the proposed action and certifies that it has met the requirements of 6 NYCRR Part 617. The
commentary received from involved agencies and interested parties was used in the analysis of
significant impacts to the environment, and this Findings Statement contains the facts and
conclusions in the DEIS and FEIS relied upon by the lead agency to support its decision and
indicates those factors that formed the basis of the decision.
Further, upon due consideration and among the reasonable alternatives available, the Planning
Board, as lead agency, has determined that based upon the potential significant environmental
impacts identified in the documents, the following includes the mitigation measures to be
incorporated into the decision to ensure that such impacts will be avoided or minimized to the
maximum extent practicable.
Organization
This document includes text (in italics) outlined in the Positive Declaration followed by the Lead
Agency's discussion and findings.
The Southold Town Comprehensive Plan is abbreviated TCP in the document.
3
The Orchards Findings Statement January 9, 2023
Impacts on Surface and Groundwater:
Potential moderate to large impacts to groundwater quantity, groundwater quality and surface
waters resulting from the development of the parcels in an area not served by community sewer
or public water with reliance on a sole source aquifer for potable water.
The following bullets address the groundwater-related issues with direct correlation to the
Southold Town Comprehensive Plan (TCP).
• Goal 1 "Conserve Water Quantity". The proposal is not consistent with this goal as it
does not mitigate to the greatest extent practicable the conservation of water quantity.
• Goal 2 "Protect Groundwater Quality". The proposal is not consistent with this goal as it
does not mitigate to the greatest extent practicable the impacts to the water quality of
groundwater.
o "Objective 2.9- Work with regulatory agencies to reduce pesticide and herbicide use
on residential properties". While the future residential home property owners cannot
work directly with regulatory agencies in support of the Town's objective, the owners
have a vested interest in minimizing the use of pesticides and herbicides as the
drinking water for their homes is obtained from the groundwater supply located
directly below their properties. They are not served by public water supply wells as
other parts of the Township are. Excessive application of pesticides and herbicides on
the Subject Property could have a direct negative impact to the future homeowners.
o "Objective 2.14- Work with regulatory agencies and institutions to reduce nitrogen
and phosphorous loads to groundwater due to residential fertilizer." While the future
residential home property owners cannot work directly with regulatory agencies in
support of the Town's objective, the owners have a vested interest in minimizing the
use of fertilizers as the drinking water for their homes is obtained from the
groundwater supply located directly below their properties. They are not served by
public water supply wells as other parts of the Township are. Excessive application of
fertilizers on the Subject Property could have a direct negative impact to the future
homeowners. Adherence to existing laws regarding fertilization of residential
properties including, but not limited to: Prohibition on using lawn fertilizers
containing phosphorous except for new lawn establishment; No application of
fertilizer between December 1 andApril 1; Maximum fertilization rate of 1 lb. per
1000 SF/year for turf is appropriate and expected of the future homeowners.
• Goal 3 "Protect Surface Water Quality", The proposal is not consistent with this goal as it
does not mitigate to the greatest extent practicable the water quality of surface water.
Excess nitrogen from the proposed traditional septic systems will enter the groundwater,
which in turn flows into the bay and will reduce the surface water quality and lend
towards creating harmful algal blooms.
4
The Orchards Findings Statement January 9, 2023
1. Impacts of Sanitary Systems on Ground and Surface Waters
The potential for adverse impacts to ground and surface water quality by the construction
of new sanitary systems on the lots was assessed.
The Planning Board finds that the mitigation described below is necessary to reduce
the potential adverse impacts from sanitary systems on ground and surface waters
to the greatest extent practicable:
Traditional septic systems are not permitted to be used on the lots in this subdivision. The
use of an innovative/alternative wastewater treatment system(I/A OWTS), as permitted
under Suffolk County Department of Health Services' Article 19, or proven technology
that accomplishes the goal of reducing or removing pollutants from wastewater effluent
as well as, or better than the I/A OWTS systems referenced above, is required for all lots
shown on the Subdivision Map.
The poor rate of reduction of N in effluent by a conventional septic system is greatly out-
performed by the I/A OWTS. For example, the Hydro-action system has been proven to
reduce effluent to 10 mg/L of N. The rate of removal of N for I/A OTWS is typically at
least 50% and has been measured as much higher in monitoring by the SCDHS.
2. Impacts from Stormwater Runoff to Surface Waters
The proposed action will generate stormwater runoff capable of entering surface waters.
The Planning Board finds the following mitigation necessary to minimize adverse
impacts from storm water runoff to surface waters:
a. As stated in Chapter 4 of the TCP, Goal 1 is to reduce stormwater runoff. The project
shall conform to the Town requirements for stormwater control. Stormwater run-off
from the roofs of the proposed homes shall be directed to underground stormwater
leaching facilities where the water can recharge to the aquifer below. Stormwater
runoff will be collected, stored, and infiltrated to groundwater via private storm water
collection systems which should include passive drainage (swales) for road systems,
green infrastructure treatments (vegetated infiltration basins) and minimal catch
basins, piping, drywells and drainage reserve areas.
b. All construction must comply with Chapter 236 Stormwater Pollution Prevention
regulations that require all development to contain storm water runoff on site.
c. A determination from the NYSDEC for the need to develop and file a Stormwater
Pollution Prevention Plan(SWPPP) will be required to be submitted to the Planning
Board.
If a SWPPP is required it will outline all measures that will be required to prevent
stormwater runoff from leaving the site and affecting neighboring properties both
during construction and after. A copy of the SWPPP shall be filed with the Town of
Southold Office of the Engineer.
5
The Orchards Findings Statement January 9, 2023
Based on the above mitigation, the Planning Board finds that potential adverse impacts
from storm water runoff to surface waters will have been mitigated to the greatest extent
practicable.
3. Impacts on Groundwater Quality
The largest potential for impacts to surface and groundwaters result from the nitrogen
(N) inputs from atmospheric deposition and sanitary systems in unsevered areas. Orient
is unsevered. The Environmental Protection Agency (EPA) and SCDOH standards have
adopted the 10 mg/L standard as the maximum contaminant level (MCL)for nitrate-
nitrogen and 1 mg/L for nitrite-nitrogen for regulated public drinking water systems.
High levels of nitrate in groundwater have been shown to cause Methemoglobinemia
(blue baby syndrome) when consumed.
As discussed above, recent regulatory and technological improvements to treat sanitary
wastewater has resulted in a Planning Board policy to require IIA OWTS for all newly
created lots in Orient. The use of these systems will mitigate and reduce nutrient loads to
ground water.
Appendix T of the FEIS shows a nitrogen budget for the action. It is a fact that the action
will increase the amount of total nitrogen from various inputs over existing conditions on
the parcel. Therefore, total nitrogen should be reduced to the greatest extent practicable
to prevent degradation of ground water quality over time
Page 3 of Appendix T provides a calculation of N loading attributable to sanitary waste
for the 5 single family residences as follows:
5 homes x 2.3 persons/home x (10 lbs. N/person/year)= 115 lbs. N per year
(gross)
- Conventional Sanitary system consisting of septic tank and leaching pools
causes reduction of N loading as follows:
Septic tank effluent: 115 lbs. N/year x 94% = 10 8.1 lbs./year
Leaching pool effluent: 108.1 lbs./year x 90%=97.3 lbs./yr. (net)
Page 3 of Appendix T Calculation of N loading attributable to residential turf
grass fertilization:
71,874 SF x (2.04 lbs. N/1,000 SF/yr.) x 30% leaching rate=44.0 lbs./yr.
The parcels and greater Orient are not served by public water. New private wells served
by groundwater will be required to provide potable water to the 5 future residences and
agricultural uses. The action required an assessment of water availability of potable water
source and the impacts on existing and future development on groundwater supply
including the use of irrigation. Discussions included the impact to adjacent parcels water
supply (zone of influence), nutrient loading, potential contamination and the threat of salt
water intrusion on private wells.
6
The Orchards Findings Statement January 9, 2023
Potable water supply to Orient is sustained from a sole source aquifer and the protection
and conservation of ground water is critical due to the geography and geology of the
Orient peninsula. The Planning Board recognizes that the following challenges pose a
threat to providing sustainable, potable, water supply to Orient:
1. Shallow freshwater lens and saltwater intrusion.
2. Overuse of potable water in irrigation.
3. Degradation of groundwater quality from the use of chemicals and fertilizers.
4. Disposal of sanitary waste.
The Planning Board finds that:
The applicant has not mitigated total nitrogen loading to groundwater to the greatest
extent practicable. To mitigate adverse impacts on groundwater quality, the Planning
Board will require the installation of I/A OWTS on the residential lots.
Potable water is available to the 5 residential lots. The applicant provided a
comprehensive water analysis for each lot in the FEIS. Results show that water quality
will require treatment to meet SCDHS standards.
The Planning Board finds that:
To further protect groundwater quality, the applicant will further reduce total nitrogen
loading groundwater through the minimalization of fertilized and irrigated lawn areas by
reducing their total square footage, incorporating natural buffers that are drought tolerant
and require no fertilization or irrigation, and integrating xeriscaping strategies.
The following Best Management Practices for fertilization, herbicides and pesticides on
each residential lot are also required to reduce the introduction of nutrients and synthetic
herbicides and pesticides capable of entering the groundwater.
a. Only apply organic fertilizers where the water-soluble nitrogen is no more than
20% of the total nitrogen in the mixture.
b. Maximum of 1 pound of nitrogen per 1000 square feet in any one application,
with a cumulative application of no more than 2 pounds per 1000 square feet per
year
c. Phosphorus-containing lawn fertilizer is prohibited unless establishing a new lawn
or soil test shows that the lawn does not have enough phosphorus. The
phosphorous level must be 0.67 or lower unless a soil test indicates it's needed.
d. Synthetic herbicides and pesticides are prohibited.
e. The use of Agricultural Environmental Management (AEM) practices are
encouraged for agricultural operations.
7
The Orchards Findings Statement January 9, 2023
Mitigation to address Saltwater Intrusion in Private Wells.
The Positive Declaration included a concern that the water supply-demand from the
proposed action may exceed the safe and sustainable withdrawal capacity rate of the local
supply or aquifer. There remains a pending concern about the depth of the freshwater lens
relative to the saltwater/freshwater interface and future saltwater intrusion potential in
water supply wells.
The Planning Board finds that:
The following mitigations to minimize saltwater intrusion to well heads over time is
necessary.
a. Water supply wells shall be spaced as evenly as possible to minimize saltwater
intrusion.
b. The installation of low-flow wells with a maximum 10 gallons per minute (GPM)
flow rate. This will help prevent the upcoming of salt water to the water supply
well over time in relation to impacts from sea level rise (future conditions).
With all the mitigation described above, significant adverse impacts to groundwater quality have
been mitigated to the greatest extent practicable.
4. Impacts on Water Quantity and Conservation
Drought conditions on the North Fork are becoming more frequent and longer in duration.
This places stress on the sole source aquifer and threatens the sustainable supply of potable
water to the population. Similarly, the water budget for the parcel is constantly changing and
water sources must be managed to prevent unnecessary irrigation under agricultural use and
homeowner use.
The annual water consumption for the 5 single-family residences is estimated at 1,500
gallons per day (GPD). Traditionally, around 40 percent or 600 gpd of the 1,500 GPD is
expected to be lost to irrigation with anticipated recharge loss (e.g., surface runoff,
evapotranspiration)to the aquifer.
Using potable water to irrigate turf and landscaped areas poses a significant, long-term
adverse impact and is unsustainable for the groundwater resources in Orient. The need to
provide important areas for groundwater recharge and minimize potential moderate to large
impacts is critical to preserve the long-term viability of the sole source aquifer in Orient.
8
The Orchards Findings Statement January 9, 2023
Impacts from crop irrigation.
The NYSDEC-approved irrigation well yield is limited to 175 gallons per minute with a
maximum annual pumpage of 4,000,000 gallons for proposed Lot 1 and is proposed to be
used for crop farming.
The Planning Board finds that the following mitigation is required:
a. The NYSDEC irrigation well permit includes monitoring requirements for saltwater
intrusion, the right to require additional monitoring, and the right to modify the
permit conditions.
b. Crops requiring minimal water use (irrigation) from the sole source aquifer are
encouraged to preserve the sustainability of the potable water supply.
c. The use of low-flow plumbing fixtures is required.
d. Clearing limits are required and will be applied to reduce turf and associated
irrigation and fertilization over the sole source aquifer.
e. Vegetated buffers between each lot and between the agricultural lands will be
required. Existing vegetation shall be retained within the buffers and supplemental
plantings with native, drought-tolerant species are permitted.
f. Plants used in landscaping shall be native and drought-tolerant. Irrigation controls:
The following is required to reduce residential irrigation in areas not connected to
public water.
i. Lawn areas shall be minimized; will be seeded with improved turf species
with deeper root systems and greater drought tolerance, thus requiring less
irrigation than conventional turf species.
ii. Total long-term permanent irrigation of each lot will be limited to 15% of the
lot area not improved with structures.
iii. Soil moisture sensors will be used with irrigation systems, to water only when
necessary, during times of low soil moisture.
iv. The use of drip irrigation systems is recommended. Rain barrels are
encouraged.
With the mitigation above, significant adverse impacts to groundwater quantity have been
mitigated to the greatest extent practicable.
5. Impact to Flooding
The proposed action may result in, or require, modification of existing drainage patterns.
The alteration of existing drainage patterns will occur as result of the construction of the road
and lots. Stormwater will be controlled on-site.
9
The Orchards Findings Statement January 9, 2023
The Planning Board finds the following:
a. The applicant shall contact the NYSDEC to determine the need for a SWPPP as
indicated above. Nevertheless, all storm water generated from this site is required to
be disposed of on-site.
b. SLOSH mapping shows the parcel could be impacted by a category 2, 3 and 4
Hurricane. Future construction shall account for FEMA Flood Zone Construction
Standards, high groundwater conditions, storm surges and sea-level rise to prevent
loss.
As a result of the above-specified mitigation, adverse impacts to existing drainage patterns
are expected to be low.
Impact on Agricultural Resources
The proposed action could result in moderate to large impacts of a substantial change in the
use, or intensity of use, of land including prime agricultural soils.
Natural Resources and Environment—Land Resources (Chapter 6)—
• Goal 1 "Protect Soils and Geologic Features" of the TCP includes Objective 1.1 "Protect
agricultural soils from conversion to other land uses". The statement of the Objective
includes, in pertinent part, "Reduce the loss of Prime Agricultural Soils and Soils of
Statewide Importance to development through clustering of residential density". The
Proposed Action is consistent with Goal 1 of the TCP.Nearly eight acres of agricultural
soils will be permanently preserved as part of the Proposed Action by clustering of the
proposed residential homes.
1. Loss of agricultural soil.
The proposed action may impact soil classified within Soil Group I through 4 of the NYS
Land Classification System.
The DEIS states that the proposed action includes 7.98 acres of Soil Groups 1-4
combined. A total of 7.98 acres of Soil Groups 1-4 will remain undeveloped. The
minimal loss of soils classified as productive agricultural soil is an unavoidable impact.
The majority of the soil's groups will be preserved and retained for agricultural
opportunities under this proposal. The DEIS estimation of agricultural land lost was
based on the criteria set forth in the State SEQRA regulation; "irreversible and
irretrievable" are modified to include all areas proposed for development, it is estimated
that 5.319 acres of agricultural land will be lost.
The Planning Board finds that:
1. The loss of that 5.319 acres of agricultural land Soil Group 1 through 4 of the
NYS Land Classification System is unavoidable.
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The Orchards Findings Statement January 9, 2023
The proposed action may sever, cross or otherwise limit access to agricultural land
(includes cropland, hayfields,pasture, vineyard, orchard, etc).
The subdivision access roads on all parcels have been designed to not sever, cross or
limit access to agricultural land, not interrupt farm management practices.
The Planning Board finds that:
1. Lots 2 through 5 are clustered in areas not currently farmed in the southeast of the
parcel.
2. The agricultural development area for the future barn will be moved to be
adjacent to the residential development area to ensure that the cropland is as
consolidated as possible.
3. The western boundaries of Lots 2 and 4 will be aligned to remove the "jog" in the
eastern farmland boundary to improve the usefulness of the property for future
farming.
4. Preserving a minimum of 60 percent of buildable lands as uninterrupted open
space is required in Chapter 240 Subdivision of Land of the Southold Town Code.
i. The barn reserve area shall be consolidated with the residential reserve
area to form a continuous reserve area that further meets the purpose of
Chapter 240. Clustered Open Space and Southold Town Comprehensive
Plan.
The proposed action may result in the excavation or compaction of the soil profile of
active agricultural land.
The proposed action may result, directly or indirectly, in increased development potential
or pressure on farmland.
The DEIS included a discussion on the potential loss of agricultural lands/soils and the
mitigation which was achieved by the proposed subdivision. The reduction and
consolidation of the development area will further mitigate the compaction of the soil
profile of active agricultural lands.
The proposal aligns with the TCP as follows Agriculture (Chapter 9) —
a.) Goal 1: "Retain and Advance the Industry of Agriculture". The Proposed Action
includes the permanent conservation of nearly 8 acres of land (60% of the Subject
Property total land area) for the purpose of agriculture. In addition to conservation, the
Proposed Action anticipates returning the agricultural land to productive use. Approval
of the Proposed Action fulfills Goal 1 of the TCP.
• Objective 1.3 "Continue to protect farmland from conversion to a non-
agricultural use." The Proposed Action is consistent with Objective 1.3 of the
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The Orchards Findings Statement January 9, 2023
TCP. Nearly 8 acres of agricultural soils will be permanently preserved as part
of the Proposed Action.
b.) Goal 2: "Protect Prime Agricultural Soils from Depletion, Removal, and Excessive
Erosion." The Goal goes on to state, in pertinent part, "Encourage crop rotation, where
appropriate". The Proposed Action includes growth of row crops. It is anticipated that
the primary crop will be corn. Crop rotation is a necessary part of growing corn. It is
anticipated that crop rotation will be an integral part of the farm operation where
alternate vegetables will be grown in lieu of corn in certain years. This fulfills the
Town's stated Goal.
c.) Goal 3: "Promote Best Management Practices for Agricultural Pesticides and
Herbicides". Management of pesticide and herbicide applications is critical to the farm
operator as the crop yield can be dramatically affected, and there is a substantial cost for
use of the products. The farmer has multiple incentives to minimize the amount
pesticides and herbicides used in the operation. As expressed in the DEIS, Best
Management Practices will be employed as will Agricultural Environmental
Management. The specifics of how these will be implemented depends upon a multitude
of considerations including, but not limited to, the crop being grown, the stage of crop
growth, the weather patterns, the type of crop disease or infestation, and the extent of the
disease/infestation, and is beyond the scope of a FEIS.
The proposed project is not consistent with the adopted municipal Farmland Protection
Plan.
Based on the Town of Southold "Town Farm and Farmland Protection Strategy" (Town
of Southold, Peconic Land Trust 2000) the property was farmed until approximately
2001. The report indicates rye was grown on the subject property. The property has been
fallow for many years, sparsely dotted by trees and primarily covered by scrub brush
and grassy vegetation(DEIS)
The Planning Board finds that:
The subject property is located within an Agricultural District. A potential impact of the
project is the loss of 5.31 acres of agricultural soils to development. A total of 7.98 acres
of the property (i.e., 60% of the total land area) is required to be dedicated as open space.
Adverse impacts on agricultural resources are expected to be low as a result of the design
of this subdivision.
Impacts on Archeological Resources
The proposed action may occur wholly or partially within, or substantially contiguous to an area
designated as sensitive for archaeological sites on the NY State Historic Preservation Office
(SHPO)Archaeological Site Inventory.
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The Orchards Findings Statement January 9, 2023
The Planning Board finds that:
A Phase I archaeological assessment was conducted on the parcel and a final report was
issued June 2015. The assessment concluded there were no items of historical
significance identified on the subject property. No further cultural resource study is
required.
Adverse impacts on archeological resources are expected to be low.
Impacts on Plants and Animals
The proposed action may result in a reduction or degradation of habitat used by rare, threatened
or endangered species, as listed by New York State or the Federal Government and other wildlife
through the clearing.
The Planning Board finds that:
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.
e. Installation of the temporary barriers must minimize vegetation disturbance. No
clearing may occur outside the Limits of Work.
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The Orchards Findings Statement January 9, 2023
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
from entering 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.
in. Outside the Turtle Active Season(November 16th through March 31 st) -- 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.
Impacts on Aesthetic Resources
The action may impact scenic view sheds identified (file record) as important to the community.
The proposed action will be visible from public roadways Orchard Street and Platt Road. The
scenic view from the roadway has been identified as important by the community in
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The Orchards Findings Statement January 9, 2023
correspondence and public testimony (subject file). The potential impact from the siting and
scale of the homes could be moderate to large based on lot size.
The action has been recommended as INCONSISTENT with the Town of Southold Local
Waterfront Revitalization Program policies:
Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold.
A. Minimize introduction ofstructural design components (including utility lines, lighting,
signage and fencing) which would be discordant with existing natural scenic components and
character.
The development of the proposed lots would interrupt the scenic qualities of the parcel; Lots
4 and 5 at their current location may interrupt the scenic character of the parcel significantly.
Further the building envelope setbacks on Lots 2-4 appear to be incorrect.
K. Protect visual quality associated with agricultural land, open space and natural resources.
2. Group or orient structures during site design to preserve open space and provide
visual organization.
The application does not meet or further the above LWRP policy. Due to the scenic
quality and agriculture potential of the property, the impacts of the proposed design must
be assessed. The clustering of structures will further Chapter 240-43 Article XI. Cluster
Development.
The prime farmland (agricultural soils) and scenic views into the property from adjacent
properties and existing public roads (Orchard Street) are secondary conservation areas.
The impacts to the scenic view shed from Orchard Street must be discussed.
The Planning Board finds that:
a. The lots will be clustered to not interrupt or obstruct the scenic view shed from
Orchard Street and Platt Road as required by section 240-42.B of the Town Code.
b. Open space land area will be positioned to achieve maximum scenic quality and
contiguous to other open space land areas.
c. Four clustered homes must be placed on the easterly side of the Subject Property.
This is consistent with maximizing the open viewshed of the area by placing the two
farmlands contiguous with each other.
d. The maximum house size shall comply with Chapter 280 Zoning of the Southold
Town Code. The zoning code was amended by the Town Board by local law on
October 18, 2022 (L.L. No. 10-2022). The purpose of the code amendment is to
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The Orchards Findings Statement January 9, 2023
preserve the unique scenic qualities of the area from public vantage points and
character by limiting the maximum size of houses. Due to its adoption after the Final
Environmental Impact Statement,this Local Law was not previously contemplated in the
SEQR process or assessment for this proposed action. With the new limits in the
Town Code for house size the potential adverse impacts of the future scale and mass
of the construction of a large single-family structure on each lot that could conflict
with the scenic qualities of the landscape from public vantage points identified as
important to the community have been mitigated.
e. The development area for the future barn will be placed adjacent to the residential
development area on Lot 1 to further cluster development.
f. The proposed residential use is compatible with and does not conflict with the
existing historic, neighborhood setting of the hamlet of Orient and the Orient Historic
District. The property is zoned Residential 80 (R-80) and the properties to the north,
west and south are also zoned R-80 and Residential 40 (R-40).
The proposed home for the farmer, the proposed agricultural barn, and the deer fence
are all usual and customary parts of agricultural activities and are therefore presumed
by the Town not to adversely affect the public. Chapter 240-43. Clustered Open
Space and Southold Town Comprehensive Plan states "that open space land should
generally remain undivided, except for roadway median strips, traffic islands,
walkways, trails, courtyards,play areas, recreation facilities, drainageways, historic
sites or unique natural features requiring common ownership protection. "
The proposed action is not expected to result in moderate to large impacts on
aesthetic resources with the mitigation measures above.
Land Use,Zoning and Plans
The Planning Board finds that:
The current land use of Orient is residential and agricultural. The action proposes 5 new
residential lots. Lots have been clustered to meet the requirements of the Town of Southold
Standard Subdivision Program, where 60% of buildable lands is required to be preserved.
The proposed construction of single-family residences and protection of open space do not
conflict with the Agricultural Conservation and (AC) and Residential 80 (R-80) Zoning
District. The purpose of the zoning district is as follows:
The purpose of the Agricultural-Conservation (A-C) District and the Low-Density
Residential R-80, R-120, R-200 and R-400 Districts is to reasonably control and, to the
extent possible,prevent the unnecessary loss of those currently open lands within the
Town containing large and contiguous areas of prime agricultural soils which are the
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The Orchards Findings Statement January 9, 2023
basis for a significant portion of the Town's economy and those areas with sensitive
environmental features, including aquifer recharge areas and bluffs. In addition, these
areas provide the open rural environment so highly valued by year-round residents and
those persons who support the Town of Southold's recreation, resort and second-home
economy. The economic, social and aesthetic benefits which can be obtained for all
citizens by limiting loss of such areas are well documented and have inspired a host of
governmental programs designed, with varying degrees of success, to achieve this result.
For its part, the Town is expending large sums of money to protect existing farm acreage.
At the same time, the Town has an obligation to exercise its authority to reasonably
regulate the subdivision and development of this land to further the same purposes while
honoring the legitimate interests of farmers and other farmland owners.
The proposed action is not in significant conflict with the purpose of the zoning district. One
family detached dwelling (single family residences) are a permitted use and mitigation to
sensitive environmental features, farmland and the aesthetic character of the Town has been
achieved through clustering and design of the subdivision in this instance.
The Bulk Schedule of the R-80 Zoning District requires 80,000 square foot lots however,
when an applicant is proposing to subdivide a parcel equal to or greater than 7 acres; Section
240- Clustering of the Town Code applies and lots are reduced in size (clustered) to less than
80,000 square feet. The reduction in square footage of each lot is proportionate to the amount
of land area required to be preserved and the number of lots (density)proposed.
The proposed action is not in conflict with zoning or adopted Town plans. In consideration
of the land area proposed to be preserved through the sale of development rights, clustering
of lots and other mitigation described, moderate to large adverse impacts to land use or
zoning will not occur as a result of this action.
Consistency with Community Character
The Planning Board finds that:
The proposal aligns with the TCP as follows Agriculture (Chapter 9) -Community Character
(Chapter 5)-
a. The Proposed Action is for the return of nearly 8 acres of agricultural land to active
crop farming use, constructing an agricultural barn, and constructing five single
family homes.
b. The TCP specifically identifies agriculture as being a significant characteristic in the
Town of Southold. The Town Code goes further and encourages and protects the
rights of persons to farm, even if certain nuisances are created as a result of the
farming operation via the Farmland Bill of Rights in Chapter 280-97 of the Town
Code. As such, the agricultural aspect of the Proposed Action (i.e., the agricultural
barn and crop farming) is in keeping with the community character as defined by the
Town's own publications.
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The Orchards Findings Statement January 9, 2023
c. The five proposed single-family homes also conform to the community's character in
many ways. A summary is as follows:
i. The proposal meets the density requirements of the Town Code
ii. Section 240-42. B of the Town Code requires clustering of the proposed
single-family homes. Clustering is also part of the 2020 Southold Town
Comprehensive Plan as discussed elsewhere in the FEIS. This establishes
the mandate that single-family homes must be clustered and that a
clustered arrangement of homes is appropriate for the community
character of the surrounding area.
iii. No greater view shed can be provided than what is afforded by placing the
two large tracts of farmland/open space immediately adjacent to each
other, thus maximizing the open space character of the community.
Placing the four clustered homes on the westerly side of the Subject
Property would result in a disconnect between the two open space tracts of
land and interrupt the view shed.
The size and location of each individual proposed single-family residence
is governed and restricted by the Town Code regulations The maximum
house size on each lot shall comply with Chapter 280 Zoning of the
Southold Town Code, which, after the adoption of a new local law on
October 18, 2022, now limits house sizes (L.L. No. 10-2022) to preserve
the unique scenic qualities of the area from public vantage points and
community character. The purpose of this local law is to address issues
concerning the maximum size of one- and two-family dwellings in certain
zoning districts consistent with the Southold Town Comprehensive Plan
adopted September 8, 2020, the Vision Statement of which calls for future
planning within the Town to be consistent with existing community
character and a periodic review and amendment of the Town Code to that
end.
Due to the recent adoption of this Local Law, the house size limits now in
force were not previously contemplated in the SEQR process or
assessment. With this restriction in place, the potential adverse impact of
the future scale and mass of the construction of a large single-family
structure on each lot that could conflict with the existing community
character, surroundings, and qualities are mitigated.
iv. The location of the future barn development area must be moved to be
adjacent to the residential development area on Lot 1 to mitigate impacts
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The Orchards Findings Statement January 9, 2023
to community character (clustering development of structures) and to
make a more useful growing area for crops.
d. The TCP sets forth an Objective 1.1 to "Identify important scenic resources" and
"Develop and adopt a Town Scenic Resources Map to achieve greater protection of
viewsheds in the application review processes including assessment to the New York
State Environmental Quality Review Act (SEQRA) and the Local Waterfront
Revitalization Program (LWRP) policy standards and recommendations." As stated
by the Town, a formalized map identifying important viewsheds does not exist. The
Proposed Action establishes an area of protected farmland contiguous to an abutting
protected open space area.
e. The TCP sets forth an Objective 1.4 to "Enhance scenic qualities through design
standards and innovative site planning and architecture in public and private
development projects" by developing "voluntary structural design standards for
residential architecture". Currently, the Town Zoning Code governs the manner in
which a residential home is designed. If the Town Objective was one day fulfilled, the
standards for residential home design would still be voluntary. In either case, the
design of the proposed residential homes would be governed solely by the limitations
set forth in the zoning code or by mitigative actions required by the lead agency as
indicated above.
f. The TCP sets forth,Objective 1.5 to "Protect scenic vista outside the hamlet centers
by clustering compatible developments in existing residential or commercial areas to
prevent sprawl". The objective goes onto state "Cluster and consolidate new
development close to hamlet centers to encourage vitality and affordability." The
Subject Property is located in an existing residentially developed area, which is
consistent with the Objective stated in the TCP.
g. The TCP sets forth Goal 2 to "Protect Cultural Resources". The Proposed Action is
consistent with that Goal. A Phase I archaeological investigation was performed for
the Proposed Action in June 2015 (see Appendix P of the DEIS). It was determined
that the Proposed Action had no impact on any archaeologically significant items. A
search was made on the New York State Office of Parks Recreation and Historic
Preservation web site on February 4, 2021. As indicated by the search results (see
Appendix R of the FEIS), no NYS OPRHP listed landmarks exist in the immediate
vicinity of the Proposed Action. Two "undetermined" sites are indicated on the NYS
OPRHP map. The two sites are located at 675 Holyoake Rd. and 2610 Orchard St.
respectively. Both sites had building inventories submitted in 1988 which resulted in
the NYS OPRHP issuing the "undetermined" status designation. A search was made
of the Town of Southold"Town Register of Historic Landmarks" last updated
October 18, 2017 (see Appendix S of the FEIS). The Town landmarks having an
Orchard Street address are not within the immediate vicinity of the Subject Property.
No Town landmarks are listed with a Halyoake Road address.
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The Orchards Findings Statement January 9, 2023
h. The TCP sets forth an Objective 4.1 to "Elevate and preserve the Town's natural
heritage through preservation of the working landscapes and waterscapes and the
people who interact with them. It goes on to state "Protect agricultural lands in
Southold Town." The Proposed Action is consistent with that goal through the
permanent protection of nearly 8 acres of agricultural land.
i. As stated in the TCP, "one of the defining features of the character of Southold is its
agriculture." The largest land use category in Southold Township is residential (33%)
followed closely by agricultural (30%). The proposed project includes both of the
predominant land uses in the Township.
j. The TCP presents Goal 9 that states "Retain and Advance the Business of
Agriculture". The project shall retain 60% of the Subject Property area for the
purpose of agriculture with the intent to return the agricultural land to productive use.
Goal 9 is fulfilled by the Proposed Action.
k. The TCP presents Goal 10 that states "Continue to Preserve Farmland and Open
Space." It goes on to state "Southold's character is created in large part by its open
spaces, including farmland, natural lands, and parks." The majority of the Subject
Property shall be farmland, which is consistent with the character and goal set forth in
the TCP. Goal 10 is fulfilled by the Proposed Action.
1. The TCP discusses the hamlet of Orient in specific terms. The TCP states "Orient's
character is defined by its farms and its traditional hamlet center with narrow streets
lined by trees and historic buildings: Agricultural land uses cover over a third of the
hamlet's land area." The Subject Property is not within the hamlet center. The
majority of the Subject Property shall remain as farmland, which is consistent with
the character of Orient as described in the TCP. The proposed action may create a
demand for additional community services (e.g., schools,police and fire).
Education for school aged children will be provided by the Oysterponds Union Free
School District. Due to the aging population of Orient residents,the class size of the
Orient Union Free School District is low. The introduction of school aged students to
the population would be beneficial for the system.
Public safety will be provided by both the Southold Police Department and the Orient
Fire Department.
Cumulative Impacts
No significant, adverse cumulative impacts have been identified.
No Alternatives were accepted.
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The Orchards Findings Statement January 9, 2023
A copy of this notice must be sent to:
Southold Town Clerk for Southold Town Board Suffolk County Department of Health Services
Southold Town Board of Trustees Suffolk County Water Authority
Southold Town Engineer Suffolk County Planning Department
Orient Fire District Southold Highway Department
NYSDEC - Stony Brook File
Any person requesting a copy
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