HomeMy WebLinkAboutPB-11/07/2022 OFFICE LOCATION: MAILING ADDRESS:
Town Hall Annex rjF S0(/ P.O. Box 1179
54375 State Route 25 O�� �yOl Southold,NY 11971
(cor. Main Rd. &Youngs Ave.) Q
Southold, NY Telephone: 631 765-1938
www.southoldtownny.gov
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PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
PUBLIC MEETING
MINUTES
November 7, 2022
6:00 p.m.
Present were: James H. Rich III, Vice-Chairman
Pierce Rafferty, Member
Mia Jealous-Dank, Member
Martin Sidor, Member
Heather Lanza, Planning Director
Jessica Michaelis, Senior Office Assistant
Vice-Chairman Rich: Good Evening and welcome to the Public Meeting for Monday,
November 7, 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
Vice-Chairman Rich: The first order of business is to set Monday, December 5, 2022
at 6:00 p.m. at the Southold Town Hall, Main Road, Southold, as the time and place for
the next regular Planning Board Meeting.
Martin Sidor: I make a motion.
Mia Jealous-Dank: Second.
Vice-Chairman Rich: Motion made by Martin, seconded by Mia. Any discussion? All in
favor?
Ayes.
Southold Town Planning Board Public Meeting — November 7, 2022 — Page 2
Opposed?
None.
Motion carries.
SITE PLAN APPLICATIONS
SEQRA CLASSIFICATIONS/ SET HEARING/WAIVE HEARING:
Vice-Chairman Rich: Key Capture Battery Energy Storage Site Plan —This site plan
is for the construction of a 60MW Lithium-Ion Battery Energy Storage System.and a
new LIPA substation. The battery storage facility is comprised of 272 battery energy
storage container units, 34 power conversion system units, a 1,000 sq. ft. point of
interconnection building. The LIPA substation will require a 2.54-acre parcel to be
created for LIPA ownership, and will contain a 392 sq. ft. LIPA substation building,
lightning masts and ±13 utility poles connecting to CR 48 by way of an access
easement over Town of Southold land. The parcel is ±27 acres in the Light Industrial
Zoning District. The property is located at 10750 Oregon Road, Cutchogue.
SCTM#1000-83-3-6.1
Martin Sidor:
WHEREAS, this site plan is for the construction of a 60MW Lithium-Ion Battery Energy
Storage System and a new LIPA substation. The battery storage facility is comprised of
272 battery energy storage container units, 34 power conversion system units, a 1,000
sq. ft. point of interconnection building. The LIPA substation will require a 2.54-acre
parcel to be created for LIPA ownership, and will contain a 392 sq. ft. LIPA substation
building, lightning masts and ±13 utility poles connecting to CR 48 by way of an access
easement over Town of Southold land. The parcel is ±27 acres in the Light Industrial
zoning district, Cutchogue; and
WHEREAS, the Southold Town Planning Board, pursuant to State Environmental
Quality Review Act (SEQRA) 6 NYCRR, Part 617, has determined that the proposed
action is a Type I action pursuant to 617.4(b)(8) "any Unlisted action that includes a
nonagricultural use occurring wholly or partially within an agricultural district [...]"; be it
therefore
RESOLVED, that the Southold Town Planning Board has determined that this proposed
action is a Type I Action under SEQRA as described above;
Mia Jealous-Dank: Second.
Vice-Chairman Rich: Motion made by Martin, seconded by Mia. Any discussion? All in
favor?
Southold Town Planninq Board Public Meeting — November 7, 2022 — Page 3
Ayes.
Opposed?
None.
Motion carries.
Martin Sidor: And be it further
RESOLVED, that the Southold Town Planning Board sets Monday, December 5, 2022
at 6:01 p.m. for a Public Hearing regarding the Site Plan entitled ""Key Capture
Energy KCE NY 26" prepared by Robert Joel Richardson, P. E., dated June 6, 2022.
Mia Jealous-Dank: Second.
Vice-Chairman Rich: Motion made by Martin, seconded by Mia. Any discussion? All in
favor?
Ayes.
Opposed?
None.
Motion carries.
Vice-Chairman Rich: Heart of Love Lane Amended Site Plan —This amended Site
Plan is for the proposed alteration and conversion of an existing ±16,500 gross sq. ft.
commercial office building (with basement) to contain a 56 seat restaurant and two retail
spaces on the first floor and two commercial spaces and an accessory apartment on the
second floor, all on 0.784 acres in the HB Zoning District. The property is located at 245
Love Lane and 50 Pike Street, Mattituck. SCTM#1000-141-4-2, 141-4-3 & 141-4-6.1
Mia Jealous-Dank:
WHEREAS, this amended Site Plan is for the proposed alteration and conversion of an
existing ±16,500 gross sq. ft. commercial office building (with basement) to contain a 56
seat restaurant and two retail spaces on the first floor and two commercial spaces and
an accessory apartment on the second floor, all on 0.784 acres in the HB Zoning
District; and
WHEREAS, pursuant to §280-131(H), the Planning Board waived the requirement for a
Public Hearing for this application involving a modification to an existing structure with
no substantial change to the existing footprint, where the Planning Board determined
that such modifications or any change in use will not require significant changes to
existing major site design features [...]; and
Southold Town Planninq Board Public Meeting — November 7, 2022 — Page 4
WHEREAS, the Southold Town Planning Board, pursuant to State Environmental
Quality Review Act (SEQRA) 6 NYCRR, Part 617.5 (c), determines that the proposed
action is a Type II Action as it falls within the following description for 6 NYCRR,
617.5(c)(2) replacement, rehabilitation or reconstruction of a structure or facility, in kind,
on the same site, including upgrading buildings to meet building, energy, or fire codes,
unless such action meets or exceeds any of the thresholds in section 617.4 of this Part;
be it therefore
RESOLVED, that the Southold Town Planning Board has determined that this proposed
action is a Type II action under SEQRA as described above;
Martin Sidor: Second.
Vice-Chairman Rich: Motion made by Mia, seconded by Martin. Any discussion? All in
favor?
Ayes.
Opposed?
None.
Motion carries.
Mia Jealous-Dank: And be it further
RESOLVED, that the Southold Town Planning Board hereby waives the Public Hearing
regarding the Site Plan entitled "Heart of Love Lane" prepared by John Anthony
Nastasi, R. A., dated April 12, 2022.
Martin Sidor: Second.
Vice-Chairman Rich: Motion made by Mia, seconded by Martin. Any discussion? All in
favor?
Ayes.
Opposed?
None.
Motion carries.
Southold Town Planninq Board Public Meeting — November 7, 2022 — Page 5
DETERMINATIONS:
Vice-Chairman Rich: Aldrich Lane Farm Labor Camp —This amended agricultural
site plan is for a proposed 1,600 sq. ft. interior conversion of the second floor of an
existing storage area to a 10-person capacity Farm Labor camp within an existing 2-
story 10,000 sq. ft. agricultural office and storage building. The building is located on a
5-acre reserve area (SCTM1000-120.-3-11.13) with existing accessory farm buildings
attached to ±34.5 acres of farmland (SCTM1000-120.-3-11.14) with Development
Rights held by Southold Town in the AC Zoning District. The property is located at 5645
Aldrich Lane. SCTM#1000-120-3-11.13
Martin Sidor:
WHEREAS, this amended agricultural site plan is for a proposed 1,600 sq. ft. interior
conversion of the second floor of an existing storage area to a 10-person capacity Farm
Labor camp within an existing 2-story 10,000 sq. ft. agricultural office and storage
building. The building is located on a 5-acre reserve area (SCTM1000-120.-3-11.13)
with existing accessory farm buildings attached to ±34.5 acres of farmland (SCTM1000-
120.-3-11.14) with Development Rights held by Southold Town in the AC Zoning
District; and
WHEREAS, on March 2, 2020, Michael Kimack, authorized agent, submitted an
Amended Site Plan Application for review; and
WHEREAS, on March 17, 2020, in a state of emergency response to the COVID-19
public health pandemic, the Town of Southold closed its offices to non-essential
employees including the Planning Department; and
WHEREAS, on May 26, 2020, the Town of Southold re-opened its offices to non-
essential employees at 50% capacity; and
WHEREAS, at their work session on July 6, 2020, the Southold Town Planning Board
accepted the amended site plan application as complete for review with certain
information to be submitted immediately; and
WHEREAS, on July 6, 2020, the Southold Town Planning Board, pursuant to State
Environmental Quality Review Act (SEQRA) 6 NYCRR, Part 617.5 (c), determined that
the proposed action is a Type II Action as it falls within the following description for 6
NYCRR, Part 617.5(c)(3) agricultural farm management practices, including
construction, maintenance and repair of farm buildings and structures, and land use
changes consistent with generally accepted principles of farming; and
WHEREAS, on July 16, 2020, Mike Kimack, authorized agent, submitted information as
required; and
WHEREAS, pursuant to Southold Town Code §280-133(C) and as detailed in work
session staff report on July 6, 2020, the Planning Board agreed to waive certain
Southold Town Planning Board Public Meeting — November 7, 2022 — Page 6
application requirements of§ 280-133 for this application which involves uses strictly
related to agriculture (but excepting retail winery operations); and
WHEREAS, on August 24, 2020, the Planning Board, pursuant to Southold Town Code
§280-131 C., distributed the application to the required agencies for their comments;
and
WHEREAS, on September 14, 2020, a Public Hearing was held and closed; and
WHEREAS, on September 17, 2020, the Zoning Board of Appeals (ZBA) issued Special
Exception approval #7412SE for a Farm Labor camp for up to ten (10) seasonal
workers; and
WHEREAS, on October 16, 2020, the Southold Town Code Enforcement officer verified
that there were no open violations on the subject parcel; and
WHEREAS, on October 27, 2020, the Town of Southold Local Waterfront Revitalization
Program Coordinator reviewed the proposed project and determined it to be exempt
from the Southold Town LWRP policies with certain recommendations issued; and
WHEREAS, on November 4, 2020, the Southold Town Engineer reviewed the proposed
application and determined that the proposed plan meets the minimum requirements of
Chapter 236 for Storm Water Management; and
WHEREAS, on November 5, 2020, the Southold Town Land Preservation Committee
determined the proposed Farm Labor camp use as consistent with the Declaration of
Covenants & Restrictions pertaining to the residential use of the Reserve Area which
shall be limited to farm-related housing for use by farm employees and/or farm
managers and/or farm owners; and
WHEREAS, on November 9, 2020, the Southold Town Fire Inspector stated there were
no objections to the proposed site plan; and
WHEREAS, on November 11, 2020, the Mattituck Fire District determined that there
was adequate fire protection and access for the proposed action; and
WHEREAS, on November 13, 2020, the Agricultural Advisory Committee provided
comments supporting the proposed project for approval; and
WHEREAS, on December 18, 2020, the Southold Town Planning Board determined
that with exception of approval from the Suffolk County Department of Health Services
and a Use Certification from the Building Department, all applicable requirements of the
Site Plan Regulations, Article XXIV, §280 — Site Plan Approval of the Town of Southold
have been met; and
WHEREAS, on August 13, 2021, the Southold Town Chief Building Inspector reviewed
and certified the proposed Farm Labor Camp as a use permitted by Special Exception
#7412SE in the A-C Zoning District; and
Southold Town Planning Board Public Meeting — November 7, 2022 — Page 7
WHEREAS, on August 5, 2022, the Suffolk County Department of Health Services
(SCDHS) granted a wastewater permit for a Rooming House (10 Beds) @ 750gpd
Ref#C-20-0044; therefore be it
RESOLVED, that the Southold Town Planning Board hereby waives the requirement for
certain application requirements as described above;
Mia Jealous-Dank: Second.
Vice-Chairman Rich: Motion made by Martin, seconded by Mia. Any discussion? All in
favor?
Ayes.
Opposed?
None.
Motion carries.
Martin Sidor: And be it further
RESOLVED, that the Southold Town Planning Board has determined that this proposed
action is exempt from the policies of the Town of Southold Local Waterfront
Revitalization Program;
Mia Jealous-Dank: Second.
Vice-Chairman Rich: Motion made by Martin, seconded by Mia. Any discussion? All in
favor?
Ayes.
Opposed?
None.
Motion carries.
Martin Sidor: And be it further
RESOLVED, that the Southold Town Planning Board approves the Amended Site
Plan regarding the site plan of property for E.W.H. Limited Liability Company prepared
by Joseph Fischetti, P.E., dated August 22, 2003 and last revised November 22, 2004,
and authorizes the Chairman to endorse the Site Plan.
Southold Town Planning Board Public Meeting — November 7, 2022 — Page 8
Mia Jealous-Dank: Second.
Vice-Chairman Rich: Motion made by Martin, seconded by Mia. Any discussion? All in
favor?
Ayes.
Opposed?
None.
Motion carries.
Vice-Chairman Rich: North Cliff Vineyard —This agricultural site plan is for the
proposed construction of a one-story 3,374 sq. ft. agricultural storage building on ±20
acres of farmland with Development Rights held by Southold Town in the AC Zoning
District. The property is located at 7305 Wickham Avenue, Mattituck. SCTM#1000-107-
5-6.3 & 6.5
Mia Jealous-Dank:
WHEREAS, this agricultural site plan is for the proposed construction of a 1-story
agricultural storage building (42' x 75') with an open porch (8' x 28'), along with 2 (10' x
8') drywells for roof water run-off with Development Rights held by Southold Town in the
AC Zoning District, Mattituck; and
WHEREAS, on August 15, 2022 William Kelly, authorized agent, submitted a Site Plan
Application for review; and
WHEREAS, at their work session on August 22, 2022, the Southold Town Planning
Board accepted the site plan application as complete for review; and
WHEREAS, on August 22, 2022, the Southold Town Planning Board, pursuant to State
Environmental Quality Review Act (SEQRA) 6 NYCRR, Part 617.5 (c), determined that
the proposed action is a Type II Action as it falls within the following description for 6
NYCRR, Part 617.5(c)(4),which states that the following actions are not subject to
review under this Part: "agricultural farm management practices, including construction,
maintenance and repair of farm buildings and structures, and land use changes
consistent with generally accepted principles of farming'; and
WHEREAS, pursuant to Southold Town Code §280-133(C) and as detailed in work
session staff report on August 22, 2022, the Planning Board agreed to waive certain
application requirements of§ 280-133 for this application which involves uses strictly
related to agriculture (but excepting retail winery operations); and
Southold Town Planninq Board Public Meetinq — November 7, 2022 — Page 9
WHEREAS, on August 25, 2022, the Planning Board, pursuant to Southold Town Code
§280-131(C), distributed the application to the required agencies for their comments;
and
WHEREAS, on August 30, 2022 the Southold Town Land Preservation Committee
determined the recorded easement for the property allows land within the Easement to
be used for agricultural production as defined in Chapter 25 (now known as Chapter 70)
of the Southold Town Code, and found that the proposed storage building to store farm
equipment and supplies is consistent with the purposes and other terms and conditions
of the recorded Easement; and
WHEREAS, on September 7, 2022, the Southold Town Code Enforcement officer
verified that there were no open violations on the subject parcels; and
WHEREAS, on September 7, 2022, the Southold Town Fire Marshall stated there were
no objections to the proposed site plan; and
WHEREAS, on September 26, 2022, the Town of Southold Local Waterfront
Revitalization Program Coordinator reviewed the proposed project and determined it to
be consistent with the LWRP; and
WHEREAS, on October 26, 2022, the Mattituck Fire District determined that there were
no objections to the proposed site plan; therefore be it
RESOLVED, that the Southold Town Planning Board hereby waives the requirement for
certain application requirements as described above;
Martin Sidor: Second.
Vice-Chairman Rich: Motion made by Mia, seconded by Martin. Any discussion? All in
favor?
Ayes.
Opposed?
None.
Motion carries.
Mia Jealous-Dank: And be it further
RESOLVED, that the Southold Town Planning Board hereby grants Approval with
Conditions, listed below, of the site plan of property for North Cliff Vineyards Liability
Company prepared by William Kelly, dated August 15, 2022, and authorizes the
Chairman to endorse the Site Plan after Condition A below is met:
Southold Town Planning Board Public Meeting — November 7, 2022 — Page 10
Conditions:
A. Prior to endorsement of the site plan, a use certification must be obtained
from the Chief Building Inspector as required by Town Code.
B. Any future exterior light fixtures not shown on the approved site plan must be
reviewed for compliance and approved by the Planning Board prior to installation.
Martin Sidor: Second.
Vice-Chairman Rich: Motion made by Mia, seconded by Martin. Any discussion? All in
favor?
Ayes.
Opposed?
None.
Motion carries.
SUBDIVISIONS
SKETCH PLAN DETERMINATION:
Vice-Chairman Rich: NFBG Subdivision —This standard subdivision proposes to
subdivide 28.9 acres into 3 lots where Lot 1 is 5 acres and includes a 2-acre
development area and 3 acres of open space, Lot 2 is 19.63 acres upon which
development rights have been sold, and Lot 3 is 4.17 acres and includes a 1.64-acre
development area and 2.55 acres of open space in the AC Zoning District. The property
is located at 2458, 2462 Elijah's Lane, Cutchogue. SCTM#1000-108-8-6.3, 6.4 & 6.5
Pierce Rafferty:
WHEREAS, this standard subdivision proposes to subdivide 28.9 acres into 3 lots
where Lot 1 is 5 acres and includes a 2-acre development area and 3 acres of open
space, Lot 2 is 19.63 acres upon which development rights have been sold, and Lot 3 is
4.17 acres and includes a 1.64-acre development area and 2.55 acres of open space in
the AC Zoning District; and
WHEREAS, on May 18, 2022, the applicant submitted a Sketch Plan application and
fee; and
WHEREAS, on August 22, 2022, the Planning Board determined that the Sketch Plan
application was complete; and
Southold Town Planning Board Public Meeting — November 7, 2022 — Page 11
WHEREAS, the Southold Town Planning Board has determined that the following
provisions of the Southold Town Code §240 Subdivision of Land are not requisite in the
interest of the public health, safety, and general welfare because the majority of the
acreage of the parcel has been preserved through the development right sale to the
Town of Southold, and therefore are eligible for a waiver:
a. Existing Resources Site Analysis Plan (ERSAP);
b. Yield Plan;
C. Primary & Secondary Conservation Area Plan; and
WHEREAS, on April 22, 2022, the Planning Board, at their work session, pursuant to
State Environmental Quality Review Act (SEQRA) 6 NYCRR, Part 617, determined that
the proposed action is an Unlisted Action under SEQRA; and
WHEREAS, on August 22, 2022, the Planning Board, at their work session, reviewed
the submitted map. and found that all requirements have been met pursuant to Article V
Sketch Plat; and
WHEREAS, additional changes may be required on the Preliminary Plat; therefore be it
RESOLVED, that the Southold Town Planning Board hereby classifies this proposed
action as an Unlisted Action under SEQRA as described above;
Mia Jealous-Dank: Second.
Vice-Chairman Rich: Motion made by Pierce, seconded by Mia. Any discussion? All in
favor?
Ayes.
Opposed?
None.
Motion carries.
Pierce Rafferty: And be it further
RESOLVED that the Southold Town Planning Board, pursuant to §240-56 Waivers of
certain provisions, hereby waives the following provisions of subdivision:
a. §240-10 (A): Existing Resources Site Analysis Plan (ERSAP);
b. §240-10 (8):Yield Plan;
c. §240-10 (C): Primary & Secondary Conservation Area Plan;
Mia Jealous-Dank: Second.
Southold Town Planning Board Public Meetinq — November 7, 2022 — Page 12
Vice-Chairman Rich: Motion made by Pierce, seconded by Mia. Any discussion? All in
favor?
Ayes.
Opposed?
None.
Motion carries.
Pierce Rafferty: And be it further
RESOLVED that the Southold Town Planning Board grants a Conditional Sketch Plan
Approval upon the map entitled "Subdivision Sketch Plan for NFBG at Mattituck"
prepared by Howard Young N.Y.S.L.S., dated November 15, 2017, and last revised July
8, 2022, with the following conditions:
1. Submit a complete Preliminary Plat Application
2. Make the following changes to the Preliminary Plat:
a. Rename "Development Parcel' and "Preserved Parcel" to "Development
Area" and "Preserved Area" on Lots 1 and 2.
b. Add the zoning district to the plat.
3. Explain why lot 2 shows 19.63 acres preserved, and the letter sent by the
Southold Town Land Preservation Department dated May 19, 2022, indicates
that 17.57 acres are subject to the development rights sale.
4. Clarify the metes and bounds of the Right of Way description in Schedule A.,
page 3 of the Deed of Development Rights.
Mia Jealous-Dank: Second.
Vice-Chairman Rich: Motion made by Pierce, seconded by Mia. Any discussion? All in
favor?
Ayes.
Opposed?
None.
Motion carries.
PRELIMINARY PLAT EXTENSION:
c
Southold Town Planning Board Public Meetinq — November 7, 2022 — Page 13
Vice-Chairman Rich: Mazzoni Subdivision —This proposal is for a Standard
Subdivision of a 22.94-acre parcel into 5 lots where Lot 1 = 2.34 acres, Lot 2 = 1.78
acres, Lot 3 = 2.18 acres, Lot 4 = 0.56 acres, Lot 5 = 16.06 acres inclusive of a 0.97
acre right-of-way, 8.58 acres of Open Space and 6 acres of a Conservation Easement
held by the Peconic Land Trust (PLT) located in the R-80 Zoning District. The property
is located at 500 Soundview Drive, approximately 782' to the north of NYS Route 25
and 256' to the east of Sound View Drive, Orient. SCTM#1000-13-2-8.2
Pierce Rafferty:
WHEREAS, this proposal is for a Standard Subdivision of a 22.94 acre parcel into 5 lots
where Lot 1 = 2.17 acres, Lot 2 = 1.78 acres, Lot 3 = 2.14 acres, Lot 4 = 0.73 acres, Lot
5 =-16.15 acres inclusive of a 1.14 acre right-of-way, 8.58 acres of Open Space and 6
acres of a Conservation Easement held by the Peconic Land Trust (PLT) located in the
R-80 Zoning District; and.
WHEREAS, that on March 10, 2020 the Southold Town Planning Board granted
Conditional Preliminary Plat Approval upon the map entitled "Subdivision Henry
Mazzoni at Orient", dated September 25, 2019, and the "Preliminary Road and
Drainage Plan" dated September 25, 2019 prepared by Howard Young, Licensed Land
Surveyor; and
WHEREAS, on March 12, 2020 the Town of Southold declared a state of emergency
due to the COVID-19 Pandemic; and
WHEREAS, Conditional Preliminary Plat Approval expired on March 8, 2021 and the
decision was being litigated; and
WHEREAS, on October 4, 2021 the Planning Board extended the Conditional
Preliminary Plat Approval to April 11, 2022; and
WHEREAS on October 3, 2022 the applicant submitted a letter requesting that
Conditional Preliminary Plat Approval be extended from October 3, 2022 to April 3,
2023; therefore be it
RESOLVED, that Conditional Preliminary Plat Approval is hereby retroactively
extended from October 3, 2022 to April 3, 2023.
Mia Jealous-Dank: Second.
Vice-Chairman Rich: Motion made by Pierce, seconded by Mia. Any discussion? All in
favor?
Ayes.
Opposed?
Southold Town Planning Board Public Meeting — November 7, 2022 — Page 14
None.
i
Motion carries.
CONDITIONAL FINAL PLAT DETERMINATION:
Vice-Chairman Rich: Walsh Park Standard Subdivision —This proposal is for a
Standard Subdivision of a 3.82-acre parcel into three lots, where Lot 1 is 0.59 acres and
contains two residential dwellings and a sewer easement, Lot 2 is 2.16 acres and
contains a sewer and water easement and Lot 3 is 1.08 acres and contains two
residential dwellings, a right of way and water easement. The property is located on the
southeast side of Winthrop Avenue, at the intersection of Equestrian Avenue on Fishers
Island, in the Hamlet Density Zoning District. SCTM# 1000-9-10-10
Martin Sidor:
WHEREAS, this proposal is for a'Standard Subdivision of a 3.82-acre parcel into three
lots, where Lot 1 is 0.59 acres and contains two residential dwellings and a sewer
easement, Lot 2 is 2.16 acres and contains a sewer and water easement and Lot 3 is
1.08 acres and contains two residential dwellings, a right of way and water easement.
And
WHEREAS, the applicant for this subdivision is Walsh Park, a non-profit group on
Fishers Island that provides affordable housing to residents; and
WHEREAS, the current owner of the subject property is the Fishers Island School
District (FISD); and
WHEREAS, the FISD must request and receive approval from their constituents in a
public referendum to move forward with the sale of this property to Walsh Park; and
WHEREAS, on July 30, 2021, the applicant submitted an Existing Resources and Site
Analysis Plan, Yield Plan and Sketch Plan application and fee; and
WHEREAS, on August 9, 2021 the Planning Board determined that the Sketch Plan
application was complete and required additional minor changes to the Yield Plan and
Sketch Plan, with the understanding that these changes would be listed as conditions in
the Conditional Sketch Plat Approval, and could be made in the Preliminary Plat
application; and
WHEREAS, on August 9, 2021, the Southold Town Planning Board, pursuant to State
Environmental Quality Review Act (SEQRA) 6 NYCRR, Part 617, determined that the
proposed action is an Unlisted Action as it does not meet any of the thresholds of a
Type I Action, nor does it meet any of the criteria on the Type II list of actions; and
WHEREAS, on August 9, 2021, the Planning Board, at their Work Session, reviewed
the submitted map and found that all requirements have been met pursuant to Article V
Sketch Plat; and
Southold Town Planning Board Public Meeting — November 7, 2022 — Page 15
WHEREAS, the applicable Conditional Sketch Plan Approval conditions have been met,
and
WHEREAS, on December 15, 2021 the applicant submitted a Preliminary Application a
revised plat, and a check in the amount of$1000.00, and
WHEREAS, on February 7, 2022, the Southold Planning Board found the Preliminary
Plat Application complete at their work session, and
WHEREAS, on November 1, 2021 the Southold Town Planning Board had determined
that this proposed action is Consistent with the policies of the Town of Southold Local
Waterfront Revitalization Program; and
WHEREAS, on February 8, 2022 the Southold Town Planning Board, pursuant to State
Environmental Quality Review Act (SEQRA) 6 NYCRR, Part 617, granted a Negative
Declaration for the action, and
WHEREAS, due to the unique circumstances of this subdivision where two of the three
lots are already developed with residences owned by the school district, and the vacant
lot will be reviewed by the Planning Board as a residential site plan for year-round
housing to be owned by the non-profit, Walsh Park, the street tree requirement will be
deferred until the site plan application process for the vacant lot; and
WHEREAS, a public hearing was held on March 14, 2022, on the Preliminary Plat and
closed and no substantial comments were heard; and
WHEREAS, a Final Plat Application was submitted on August 1, 2022 and a request to
waive the Final Public Hearing was submitted on August 24, 2022, and
WHEREAS, on September 12, 2022, the Southold Planning Board found the Final Plat
application complete, and
WHEREAS, the Southold Planning Board has determined that pursuant to section 240-
20 of the Southold Town Code the Final Plat is in substantial agreement with the
approved Preliminary Plat and has agreed to waive the Public Hearing on the Final Plat
Application, and
WHEREAS, due to the unique circumstances of this subdivision where two of the three
lots are already developed with residences, and the vacant lot will be reviewed by the
Planning Board as a residential site plan, the Park & Playground Finding will be
deferred until the residential site plan application process for the vacant lot; and
WHEREAS, the Planning Board finds that this Final Plat application is ready for a
determination pursuant to Town Code §240 Subdivision of land; therefore be it
RESOLVED, the Planning Board has agreed to defer the requirements for the
installation of street trees to the Residential Site Plan application expected to be
submitted for Lot 2;
Southold Town Planning Board Public Meeting — November 7, 2022 — Page 16
Mia Jealous-Dank: Second.
Vice-Chairman Rich: Motion made by Martin, seconded by Mia. Any discussion? All in
favor?
Ayes.
Opposed?
None.
Motion carries.
Martin Sidor: And be it further
RESOLVED that the Southold Town Planning Board hereby grants Conditional Final
Plat Approval upon the map entitled "Walsh Park Benevolent Corporation Standard
Subdivision Prepared for Walsh Park Benevolent Corp," prepared by CHA, on
December 3, 2021, and last revised on January 31, 2022, with the following conditions
required prior to final plat approval,
1. Obtain subdivision approval from the Suffolk County Department of Health
Services.
2. Submit 12 paper copies and 4 mylars of the Final Plat with the approval
stamp of the Suffolk County Department of Health Services.
3. Pay the Administration Fee of$6,000.
4. Provide a draft document for a ten-foot-wide easement for the Fishers
Island Utility Company, Water Works, upon consultation with their legal
counsel for the existing water main running under Lots 2 and 3. The
easement shall be recorded with the Suffolk County Clerk following
Planning Board approval.
5. File the covenants and restrictions for the residential lots after review and
approval by the Planning Board. A draft will be provided by the Planning
Department. The covenants will include, but not be limited to, the
following:
1. No further subdivision of the lots.
2. A clause that achieves the goal of ensuring future housing
constructed on Lot 2 will be for year-round residents of Fishers
Island, and will not allow short-term or other vacation rentals or
second homes.
3. Landscaping & irrigation restrictions as outlined in the LWRP report.
Southold Town Planning Board Public Meeting — November 7, 2022 — Page 17
4. Details on requirements before clearing is allowed (marking trees and
shrubs and clearing limits for inspection).
5. Utilities must be underground.
Mia Jealous-Dank: Second.
Vice-Chairman Rich: Motion made by Martin, seconded by Mia. Any discussion? All in
favor?
Ayes.
Opposed?
None.
Motion carries.
STATE ENVIRONMENTAL QUALITY REVIEW ACT
ADOPT FINDINGS:
Vice-Chairman Rich: The Orchards Standard Subdivision —This proposal is for a
Clustered Standard Subdivision to subdivide a 13.3 acre parcel into five lots where Lot 1
= 9.33 acres including a 1.35 acre building envelope and 7.98 acres of preserved Open
Space, Lot 2 = 0.99 acres, Lot 3 = 1.14 acres, Lot 4 = 0.92 and Lot 5 = 0.92 acres in the
R-80 Zoning District. The property is located at 2595 Orchard Street, on the northeast
side of Orchard Street, approximately 17' northwest of Platt Road, in Orient.
SCTM#1000-27-1-3
Mia Jealous-Dank: I move to table this resolution for The Orchards Standard
Subdivision.
Martin Sidor: Second.
Vice-Chairman Rich: Motion made by Mia, seconded by Martin. Any discussion? All in
favor?
Ayes.
Opposed?
None.
Motion carries.
OTHER
Southold Town Planning Board Public Meeting — November 7, 2022 — Page 18
PLANNING BOARD PROCEDURE:
Protocol for Eastern Box Turtle Conservation During Construction
Mia Jealous-Dank: I'd like to make a motion to approve the Protocol for Eastern Box
Turtle Conservation During Construction as noted on the Planning Board office
Memorandum.
Martin Sidor: Second.
Vice-Chairman Rich: Motion made by Mia, seconded by Martin. Any discussion? All in
favor?
Ayes.
,Opposed?
None.
Motion carries.
Pierce Rafferty: I'd like to make a motion for adjournment.
Martin Sidor: Second.
Vice-Chairman Rich: Motion made by Pierce, 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,
r'
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4•M.•4, �, � Jessica Michaelis
Transcribing Secretary
James H. Rich III, Vice-Chairman