HomeMy WebLinkAboutPB-10/03/2022 OFFICE LOCATION: MAILING ADDRESS:
Town Hall Annex rjF SOU P.O.Box 1179
54375 State Route 25 O�� ryOl Southold, NY 11971
(cor. Main Rd. &Youngs Ave.) h Q
Southold NY Telephone: 631 765-1938
www.southoldtowuny.gov
�yeinUNTV,Oc`�
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
PUBLIC MEETING
MINUTES
October 3, 2022
6:00 p.m.
Present were: Donald Wilcenski, Chairman
James H. Rich III, Vice-Chairman
Pierce Rafferty, Member
Mia Jealous-Dank, Member
Martin Sidor, Member
Heather Lanza, Planning Director
Brian Cummings, Planner
Mara Cerezo, Planner
Jessica Michaelis, Senior Office Assistant
Chairman Wilcenski: Good Evening and welcome to the Public Meeting for Monday,
October 3, 2022 for the Southold Town Planning Board. This meeting is public. The Planning
Board may add or remove applications from the Agenda upon its discretion, without further.
notice. Applications may not be heard in the order they appear on this agenda.
SETTING OF THE NEXT PLANNING.BOARD -MEETING ',,,
Chairman Wilcenski: The first order of business is to set Monday, November 7, 2022
at 6:00 p.m. at the Southold Town Hall, Main Road, Southold, as the time and place for
the next regular Planning Board Meeting.
James H. Rich III: I make a motion.
Mia Jealous-Dank: Second.
Chairman Wilcenski: Motion made by Jim, seconded by Mia. Any discussion? All in
favor?
Southold Town Planning Board Public Meeting — October 3, 2022 — Page 2
Ayes.
Opposed?
None.
Motion carries.
SITE PLAN APPLICATIONS
DETERMINATION:
Chairman Wilcenski: Surrey Lane Amended — This Amended Site Plan Application is
for the proposed addition of a farm office within an existing approved 90' x 42' (3,780 sq.
ft.) agricultural equipment storage building on a 43.7acre parcel with Suffolk County
Development Rights in the A-C Zoning District. The property is located at 2585 Ackerly
Pond Lane, Southold. SCTM#1000-69-5-18.6
James H. Rich III:
WHEREAS, this Amended Site Plan Application is for the proposed interior addition of a
farm office within an existing approved 90' x 42' (3,780 sq. ft.) agricultural equipment
storage building on a 43.7acre parcel with Suffolk County Development Rights in the A-
C Zoning District; and
WHEREAS, on May 21, 2013, the Suffolk County Farmland Committee granted an
Agricultural Development Permit and Special Use Permit (PFC2012023 and
PFC2012025) for the installation,and maintenance of a storage structure with farm
office, bathroom, and mechanical room, installation and maintenance of related
underground utility infrastructure, and site disturbance associated with the above-
referenced utility infrastructure, in association with a commercial agricultural operation;
and
WHEREAS, on August 23, 2022, Henry Santacroce, authorized agent, submitted an
Amended Site Plan Application for review; and
WHEREAS, at their work session on September 12, 2022, the Southold Town Planning
Board accepted the site plan application as complete for review; and
WHEREAS, on September 12, 2022, the Southold Town Planning Board, pursuant to
State Environmental Quality Review Act (SEQRA) 6 NYCRR, Part 617.5 (c), determined
the proposed action as a Type II Action as it falls within the following description for 6
NYCRR, Part 617.5(c)(3) agricultural farm management practices, including
construction, maintenance and repair of farm buildings and structures, and land use
changes consistent with generally accepted principles of farming; and
Southold Town Planninq Board Public Meeting — October 3, 2022 — Page 3
WHEREAS, on September 12, 2022, pursuant to Southold Town Code §280-131(H),
the Southold Town Planning Board agreed to waive the requirement for a public hearing
regarding this application which involves uses strictly related to agriculture; and
WHEREAS, pursuant to Southold Town Code §280-133(C) and as detailed in work
session staff report on September 12, 2022, the Planning Board agreed to waive certain
application requirements of§ 280-133 for this application which involves uses strictly
related to agriculture (but excepting retail winery operations); and
WHEREAS, on September 21, 2022, the Planning Board, pursuant to Southold Town
Code §280-131 C., distributed the application for comment; and
WHEREAS, on October 3, 2022, the Southold Town Planning Board determined that all
applicable requirements of the Site Plan Regulations, Article XXIV, §280 — Site Plan
Approval of the Town of Southold have been met; therefore be it
RESOLVED, that the Southold Town Planning Board hereby waives the requirement for
a public hearing and certain application requirements as described above;
Martin Sidor: Second.
Chairman Wilcenski: Motion made by Jim, seconded by Martin. Any discussion?All in
favor?
Ayes.
Opposed?
None.
Motion carries.
James H. Rich III: And be it further
RESOLVED, that the Southold Town Planning Board has determined that this proposed
action is consistent with the policies of the Town of Southold Local Waterfront
Revitalization Program;
Martin Sidor: Second.
Chairman Wilcenski: Motion made by Jim, seconded by Martin. Any discussion?All in
favor?
Ayes.
Opposed?
Southold Town Planning Board Public Meetinq — October 3, 2022 — Page 4
None.
Motion carries.
James H. Rich III: And be it further
RESOLVED, that the Southold Town Planning Board approves the amended Site
Plan with conditions, listed below, to the site plan entitled "Ackerly Pond Lane Barn"
prepared by Tahir Qureshi, P.E., dated May 8, 2022 and authorizes the Chairman to
endorse the Site Plan after condition #1 is met.
Conditions
1. Prior to endorsement of site plan, obtain a use certification from the Chief
Building Inspector as required by Town Code.
2. All Suffolk County Farmland Committee requirements shall be met as issued for
Committee Resolution Number PFC2012023 and PFC2012025;
Martin Sidor: Second.
Chairman Wilcenski: Motion made by Jim, seconded by Martin. Any discussion? All in
favor?
Ayes.
Opposed?
None.
Motion carries.
SUBDIVISIONS
CONDITIONAL FINAL PLAT EXTENSION:
Chairman Wilcenski: Pederson Standard Subdivision —This proposal is for the
Standard Subdivision of a 9.2-acre parcel into 3 lots, where Lot 1 is 5.1 acres, Lot 2 is
2.3 acres, and Lot 3 is 1.8 acres, in the R-40 Zoning District. This parcel is located
south of the intersection of Aquaview Avenue and Circle Drive in East Marion.
SCTM#1000-21-3-15
Martin Sidor:
WHEREAS, on September 13, 2021 the Planning Board granted Conditional Final Plat
Approval upon the application, with expiration set to occur in six months; and
Southold Town Planning Board Public Meeting — October 3, 2022 — Page 5
WHEREAS, the Conditional Final Plat Approval expired on March 13, 2022; and
WHEREAS, at their meeting on April 11, 2022, the Planning Board extended the
approval to September 13, 2022; and
WHEREAS, the Conditional Final Plat Approval expired on September 13, 2022; and
WHEREAS, the applicant has requested more time to meet the conditions of the
approval; therefore be it
RESOLVED that the Southold Town Planning Board hereby extends the Conditional
Final Plat Approval for an additional six months beginning on September 14, 2022 and
expiring on March 13, 2023.
Mia Jealous-Dank: Second.
Chairman Wilcenski: Motion made by Martin, seconded by Mia. Any discussion? All in
favor?
Ayes.
Opposed?
None.
i
Motion carries.
PUBLIC HEARING
Chairman Wilcenski: 6:01 PM — Kalagiros Standard Subdivision —This standard
subdivision proposes to subdivide a 4.28 acre parcel into two lots where Lot 1 equals 2
acres and Lot 2 equals 2 acres in the Agricultural Conservation zoning district. The
property is located at 18365 CR 48, Cutchogue. SCTM#1000-95-4-16.1
Chairman Wilcenski: We will let the applicant speak first; I understand he's on Zoom.
Richard Boyd: Is that me? I'm Richard Boyd, I'm the architect that did the subdivision.
Chairman Wilcenski: Yes, Richard, You're on.
Richard Boyd: Okay, I missed what you said, what are you looking for me to do?
Describe it? It's a simple, standard subdivision to two, single-family lots.
Chairman Wilcenski: Okay, did you have any other information you wanted to add? I
mean, that's fine, we have it up on the screen here showing a Southold Town right of
Southold Town Planninq Board Public Meeting — October 3, 2022 — Page 6
way, divided into two building lots and is there anything other than that you'd like to
add?
Richard Boyd: You know, not really. I know there were some people that had inquired
and I just don't know what they're looking to find out. If anyone has any questions, I'd try
to answer whatever that I can answer.
Chairman Wilcenski: Okay, so what we'll do is we'll let the public speak first and we'll
give you a chance at the end to answer any of their questions and if the board members
or staff have any questions. But we are here really to just get the public input on record
as this process moves forward.
Henry Bogardus: Good Evening, my name is Henry Bogardus. I live at 410 Silver Colt
Road, in Cutchogue, 11935. I'm on the property immediately south of the easement
that's shown as the right of way development going through those acres in the back. So
my question is two-part. First, I'd like for someone to explain to me they want to make
this into a standard subdivision? What does AC mean? It said on the paperwork,
Architectural Conservation?
Chairman Wilcenski: Agricultural Conservation
Henry Bogardus: Agricultural Conservation? Well, in my lay-mind, that would mean
something that's supposed to be conserved for agricultural growth, some kind of green
belt. How are they going to be changing it with it now becoming a developable building
lot? Which we've already established is AC. How are they going to be able to put
housing and cesspools and things like that back there? Cuz we don't have sewers, we
have cesspools back there. Our water only goes down. Our potable water only starts at,
if I drew the line well — about 45 feet. So, we'd be getting two more houses in the back,
on 2 acres, which is double the size of all the other houses in the area. Next question is:
This is purely selfish- on the north side of my property, directly abutting that. Thirty plus
years ago, I planted close to 50 Arborvitaes, ten feet onto my property line. So, you
know, I had-at the time- I had no idea how wide arborvitae grew, so what happens to
those trees now, they encroach onto that right-of-way, what will be a future paved road.
And thirdly, our roads up there are garbage, there's no development road that was put
back in, somewhere around '74, '75, or '76 as near as I can figure it, the subdivision
Oregon View Estates, was only started probably around the mid-seventies. I'm guessing
that it was Corazinni who put the original road there and, at the time, I believe the
subdivision roads are only two or three inches over base, maybe four inches over base
and then two inches of blacktop. Our roads are falling apart now. Multi-trips of multi-ton
vehicles over a certain period of time, you're just going to destroy those roads even
more. So, I'd like to know what the Town's going to do about that. Now I understand
we're supposed to be getting new roads, but we all know how Town government, any
kind of Municipal government-works, I'll believe that we're getting new roads, when I
see the bulldozer there ripping out the old. So, I'd like to know, these are three of the
questions that I have.,
Chairman Wilcenski: Actually, I'll be honest with you, Heather, I'm not sure why this
was subdivided in the AC. Heather, our Planning Director will address that.
Southold Town Planninq Board Public Meeting — October 3, 2022 — Page 7
Heather Lanza: Residential is a permitted use in the Agricultural Conservation zone.
So, you are allowed to both, have agriculture and residential.
Henry Bogardus: Okay, so with this being designated as AC, before, was that done in
the so-called master plan that was done back in the mid '80's, late '80's or was that
something that was assigned to it prior to when the subdivision was put in?
Heather Lanza: That was zoned AC in 1989.
Henry Bogardus: Okay, so it was rezoned, everything was rezoned in existing
subdivision was rezoned with those four acres back there, four plus acres, to remain as
an Agricultural Conservation.
Heather Lanza: No, no, I'm sorry. It was zoned Agricultural Conservation Zoning
District, which is not put in place to preserve agriculture, it's a zoning district that allows
agriculture or residential development. So, Agricultural Conservation is a zoning district,
and it doesn't restrict you to agriculture, it allows residential as well.
Henry Bogardus: So, a true example of an oxymoron? Cuz it sure as heck seems like
it would mean — it would imply— conserving the area for agricultural.
Don Wilcenski: But the land is not (inaudible) or purchased or sold to the Town or the
County, is that what you're — I don't want to say -confusing it with?
Henry Bogardus: No, I know the land is not sold to the Town.
Don Wilcenski: Right, I'm just saying, is that what you were thinking?
Henry Bogardus: No, that when the master—well, my question was: when we were
subdividing, back in the '70's, when my subdivision was put in and the Town, what was
in place at the time, allowed forty-three lots or forty-four buildable lots with the
something and two easements there, then on the other side going the other way, out to
Depot Lane. If they were designated anything at the time, or there.were always four
buildable lots in there. And I would assume four because everything else is either .3 or
.8, .9 or I meant .9, just under small one acre lots, you know? And the other question
have is the size of the houses that are going to be permitted on private property.
Don Wilcenski: Well, that's based on the, that's 80,000 square feet, so I think the
clearing limits are—
Heather Lanza: We don't know what size those houses would be, they would be based
on lot coverage and (inaudible) they do.
Henry Bogardus: So, we could be looking at "2 acre big mansion" back there? Larger
than is normal in the area?
Heather Lanza: Potentially.
Southold Town Planning Board Public Meeting — October 3, 2022 — Page 8
Don Wilcenski: Potentially, but they will be able to be able to build what the code
allows them. And as far as the road conditions, those are going to be improved, that
(inaudible) and also the question about—you said you have some evergreens that are
on the property line there —
Henry Bogardus: Between forty and fifty of them.
Don Wilcenski: That are on the right-of-way?
Henry Bogardus: They're on my property line —you know—granted they've spread out
over time so some of them do encroach of the roadway there — I'd be happy to push
them back but what's going to happen to the rest of the tree? And what's the finished
one going to look like—
Don Wilcenski: The road?
Henry Bogardus: The road going back, are they going to have to do any landscaping
to the road? Going into the back?
Don Wilcenski: I'm going to have to look at the plans, that's something we'd need to
get back to you on. Again, this is why this venue is open. To get questions from the
public and they'll put into the application and all those questions will be answered —
Henry Bogardus: No, I'm not— don't get me wrong — I'm not one of these green crazy
people that want everything to stay green. I understand fully about development, I get
that. I'm just curious, I've got a couple other concerns back there and everybody today
is worried sick about the water level. Hell, I mean we couldn't even water our yards for a
while because of the drought, right? And now you're getting two possibly large houses
back there which the drainage systems will be larger. Now I don't know if they have to
use — like, todays standard —do they use —
Don Wilcenski: Yes, they have to use the new alternative waste system, yes.
Henry Bogardus: Okay, alright, thank you.
Don Wilcenski: Thank you. And again, we have your name on the list and as this goes
on, we will answer all of your concerns and they will be answered through the process.
Thank you. ,
Would anyone else like to address the Board? I'm sorry, we ask that you please step to
the podium, state your name and write your name for the record.
Vivian Hinton: You're building the houses, how are they going to be facing? (inaudible)
Jessica Michaelis: I'm sorry ma'am, please state your name.
Vivian Hinton: Vivian Hinton.
Southold Town Planninq Board Public Meeting — October 3, 2022 — Page 9
Don Wilcenski: Which way are they going to be facing? I think that's up to the owner,
the applicant.
Vivian Hinton: Because why should I have somebody's front house facing my
backyard. I won't have no privacy at all, even though we have trees and everything
there. Unless they're going to be both the same direction facing the north road or—
Don Wilcenski: Well, after your questions — if you have any other questions, we can
ask the applicant if he would like to answer that now, or he doesn't have to answer that,
it is his right of the property to site the houses where they'll best fit but we can ask him if
he would like to respond to that.
Vivian Hinton: Well, if he's going to have that house, one of the houses facing my
backyard, are they going to put a fence so that I have some privacy?
Don Wilcenski: Well, some of the mitigation that gets done will come up through the
site plan application process. Alright?
I'm sorry, the gentleman who is representing the applicant-
Jessica Michaelis: Rich Boyd.
Don Wilcenski: Rich Boyd.
Richard Boyd: I can add that the clearing area, the clearing envelope actually on a
two-acre is the same size as all the one-acre lots and there are plenty of restrictions on
these homes. We're here for a subdivision so there is no home being designed here but
I know that the zoning restrictions are going to require buffers and certain setbacks and
she's not going to — neither one of them — are not going to have to worry about
somebody right up against their property and losing privacy because they have a lot of
restrictions on that but I know that the two acres actually— if you notice that clearing
envelope — it's the same size that the one-acres have. And they're will be restrictions on
flooring area ratio and other things so that these homes are not going to be allowed to
be — as they say— big mansions. They're not going to get to a great size.
Don Wilcenski: Okay, thank you for that. Would anybody else like to address the
Board? Would any other Board members or staff have any other comments to make for
the public record? Again, all these concerns are going to be address through the
application process. Thank you, Okay.
With hearing no other questions from the audience, can we get a motion to close the
public hearing?
James H. Rich III: I'd like to make a motion to close the public hearing.
Mia Jealous-Dank: Second.
Southold Town Planning Board Public Meeting — October 3, 2022 — Page 10
Chairman Wilcenski: Motion made by Jim, seconded by Mia. Any discussion? All in
favor?
Ayes.
Opposed?
None.
Motion carries.
Chairman Wilcenski:;Okay, with no further business, can I get a motion for
adjournment?
Mia Jealous-Dank: I make a motion for adjournment.
Martin Sidor: Second.
Chairman Wilcenski: Motion made by Mia, seconded by Martin. Any discussion?All in
favor?
Ayes.
Opposed?
None.
Motion carries.
There being no further business to come before the Board, the meeting was adjourned.
Respectfully submitted,
�.�
Jessica Michaelis
Transcribing Secretary
Donald J. Wilcenski, Chairman