HomeMy WebLinkAboutPB-01/09/2023 OFFICE LOCATION: MAILING ADDRESS:
Town Hall Annex fiF S !/j P.O. Box 1179
54375 State Route 25 O�� y0l Southold, NY 11971
(cor.Main Rd. &Youngs Ave.)
Southold,NY Telephone: 631 765-1938
www.southoldtownny.gov
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PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
PUBLIC MEETING
MINUTES
January 9, 2023
4:00 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
Mark Terry, Assistant Planning Director
Brian Cummings, Planner
Jessica Michaelis, Senior Office Assistant
Chairman Wilcenski: Good Evening and welcome to the Public Meeting for Monday;
January 9, 2023 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, 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.
Martin Sidor: I make a motion.
Mia Jealous-Dank: Second.
Southold Town Planning Board Public Meeting —January 9, 2023 — Page 2
Chairman Wilcenski: Motion made by Martin, seconded by Mia. Any discussion? All in
favor?
Ayes.
Opposed?
None.
Motion carries.
SITE PLAN APPLICATIONS
SEQRA CLASSIFICATIONS/ SET HEARING:
Chairman Wilcenski: 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
Martin Sidor:
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 II Action under SEQRA as described above;
Mia Jealous-Dank: Second.
Chairman Wilcenski: Motion made by Martin, seconded by Mia. Any discussion? All in
favor?
Southold Town Planning Board Public Meeting.— January 9, 2023.— Page 3
Ayes.
Opposed?
None.
Motion carries.
Martin Sidor: And be it further
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.
Mia Jealous-Dank: Second.
Chairman Wilcenski: Motion made by Martin, seconded by Mia. Any discussion? All in
favor?
Ayes.
Opposed?
None.
Motion carries.
Chairman Wilcenski: 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
Mia Jealous-Dank:
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;
Southold Town Planninq Board Public Meeting — January 9, 2023 — Page 4
Martin Sidor: Second.
Chairman Wilcenski: 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 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.
Martin Sidor: Second.
Chairman Wilcenski: Motion made by Mia, seconded by Martin. Any discussion?All in
favor?
Ayes.
Opposed?
None.
Motion carries.
SUBDIVISIONS
STATE ENVIRONMENTAL QUALITY REVIEW ACT -Adopt Findings Statement
Chairman Wilcenski: The Orchards Standard Subdivision — This proposal is for a
Clustered Standard Subdivision to subdivide a 13.3-acre parcel into five lots where Lot
r 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
Southold Town Planning Board Public Meeting —January 9, 2023 — Page 5
Martin Sidor:
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
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.
Mia Jealous-Dank: Second.
Chairman Wilcenski: Motion made by Martin, seconded by Mia. Any discussion? All in
favor?
Ayes.
Opposed?
None.
Motion carries.
ACCEPT PERFORMANCE BOND:
Chairman Wilcenski: Baxter Standard Subdivision (aka North Fork Estates) - This
four-lot approved subdivision is located in the Hamlet Business Zoning District on the
Southold Town Planninq Board Public Meeting — January 9, 2023 — Page 6
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.
Mia Jealous-Dank:
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
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.
Martin Sidor: Second.
Chairman Wilcenski: Motion made by Mia, seconded by Martin. Any discussion? All in
favor?
Ayes.
Opposed?
None.
Motion carries.
CONDITIONAL PRELIMINARY PLAT DETERMINATION:
Chairman Wilcenski: 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
Southold Town Planning Board Public Meeting —January 9, 2023 — Page 7
Martin Sidor:
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
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 April 12, 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
Southold Town Planning Board Public Meeting —January 9, 2023 — Page 8
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;
Mia Jealous-Dank: Second.
Chairman Wilcenski: Motion made by Martin, seconded by Mia. Any discussion? All in
favor?
Ayes.
Opposed?
None.
Motion carries.
Martin Sidor: And be it further
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;
Mia Jealous-Dank: Second.
Chairman Wilcenski: Motion made by Martin, seconded by Mia. Any discussion? All in
favor?
Ayes.
Opposed?
None.
Southold Town Planning Board Public Meetinq —January 9, 2023 — Page 9
Motion carries.
Martin Sidor: 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,
Mia Jealous-Dank: Second.
Chairman Wilcenski: 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 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.
Southold Town Planninq Board Public Meeting —January 9, 2023 — Page 10
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.
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."
Southold Town Planning Board Public Meeting —January 9, 2023 — Page 11
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
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 1st and April 1st.
e. The use of phosphorous containing lawn fertilizer is prohibited unless
Southold Town Planning Board Public Meeting —January 9, 2023 — Page 12
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.
Mia Jealous-Dank: Second.
Chairman Wilcenski: Motion made by Martin, seconded by Mia. Any discussion? All in
favor?
Ayes.
Opposed?
None.
Motion carries.
Chairman Wilcenski: With no further business on the agenda tonight, I need a motion
for dismissal.
Mia Jealous-Dank: I make a motion to dismiss.
Martin Sidor: Second.
Chairman Wilcenski: Motion made by Mia, seconded by Martin. Any discussion? All in
favor?
Ayes.
Opposed?
None.
Motion carries.
Southold Town Planning Board Public Meeting —January 9, 2023 — Page 13
There being no further business to come before the Board, the meeting was adjourned.
Respectfully submitted,
E
r
Jessica is aelis
Transcribing Secretary
Donald J. Wilcenski, Chairman