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HomeMy WebLinkAboutPB-02/06/2023 OFFICE LOCATION: MAILING ADDRESS: Town Hall Annex q SOU,, P.O. Box 1179 54375 State Route 25 O�� If�l Southold,NY 11971 (cor. Main Rd. &Youngs Ave.) Q Southold, NY Telephone: 631 765-1938 www.southoldtownny.gov �yCOUNTY,�1c� PLANNING BOARD OFFICE TOWN OF SOUTHOLD PUBLIC MEETING MINUTES February 6, 2023 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 Mark Terry, Assistand Planning Director Brian Cummings, Planner Paul DeChance, Town Attorney Jessica Michaelis, Senior Office Assistant Chairman Wilcinski: Good Evening and welcome to the Public Meeting for Monday, February 6, 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 Wilcinski: The first order of business is to set Monday, March 13, 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. James H. Rich III: 1 make a motion. Martin Sidor: Second. Southold Town Planning Board Public Meeting — February 6, 2023 — Page 2 Chairman Wilcinski: Motion made by Jim, seconded by Martin. Any discussion? All in favor? Ayes. Opposed? None. Motion carries. SITE PLAN APPLICATIONS DETERMINATIONS: Chairman Wilcinski: Hard Corner Southold Mixed Use —This site plan is for the proposed construction of a 2-story 4,983 sq. ft. mixed-use building fronting NYS Route 25 with retail on the.first floor and three (3) apartments on the second floor, and 25 parking stalls; and four (4) 1,597 sq. ft. rental units (age-restricted 55+) along Wells Avenue, all on 2.28 acres in the Hamlet Business (HB) Zoning District. The property is located at 53530 Route 25, Southold. SCTM#1000-61-4-1 James H. Rich III: WHEREAS, this site plan is for the proposed construction of a mixed-use 2-story,-7,812 gross sq. ft. building fronting NYS Route 25 with 4,983 sq. ft. of retail on the first floor and three (3) affordable housing apartments totaling 2,829 gross sq. ft. on the second floor and 30 parking stalls; and four (4) 1,597 sq. ft. residential rental units (reserved for 55 and older) along Wells Avenue, all on 2.28 acres in the Hamlet Business (HB) Zoning District; and WHEREAS, on February 28, 2020, March 22, 2020 and June 24, 2020, Robert Brown, authorized agent, submitted information and materials for a Site Plan Application; and WHEREAS, on July 6, 2020, the Planning Board found the application incomplete for review; and WHEREAS, on August 19, 2020, the Southold Town Zoning Board of Appeals (ZBA) granted area variances from the bulk schedule under file #7387 with conditions; and WHEREAS, on January 28, 2021, Robert Brown, authorized agent, submitted revised plans and additional information as required for review; and WHEREAS, on March 17, 2021, Robert Brown, authorized agent, submitted revised plans and additional information as required for review; and WHEREAS, on April 5, 2021, the Planning Board accepted the site plan application as complete for review; and J Southold Town Planning Board Public Meetinq — February 6, 2023 — Page 3 WHEREAS, on April 5, 2021, the Southold Town Planning Board, pursuant to State Environmental Quality Review Act (SEQRA) 6 NYCRR, Part 617, determined that the proposed action was a Type I Action; and WHEREAS, on May 27, 2021, the Town of Southold Local Waterfront Revitalization Program Coordinator reviewed the proposed project and determined the project to be' consistent with Southold Town LWRP policies with recommendations to the Planning Board; and WHEREAS, on June 1, 2021, the Planning Board, pursuant to Southold Town Code §280-131 C., distributed the application to the required agencies for their comments; and WHEREAS, on June 3, 2021, the Southold Town Engineer reviewed the proposed application and determined revisions were required in order for the site plan met the minimum requirements of Chapter 236 for Storm Water Management; and WHEREAS, on June 21, 2021, the Architectural Review Committee (ARC) provided comments to be incorporated into the proposed site design and layout; and WHEREAS, on July 9, 2021, the Southold Fire District determined that with the addition of a Hydrant on Wells Avenue and providing adequate turning radii for fire trucks/aerial trucks on site, there is adequate fire protection for the site; and WHEREAS, on July 12, 2021 the Planning Board held a public hearing for the proposed action and determined to hold the hearing open until at least August 9, 2021 due to technical difficulties; and WHEREAS, on August 9, 2021, a Public Hearing was continued and kept open for written comments until August 23, 2021; and WHEREAS, on August 23, 2021, the written comment period was closed; and WHEREAS, on September 9, 2021, the Southold Town Fire Inspector determined that with the addition of a Hydrant on Wells Avenue within 600' of the proposed residences, there was adequate fire protection and emergency access for the site; and WHEREAS, on September 9, 2021 the Suffolk County Planning Commission (SCPC) determined the proposed action to be a matter for local determination; and WHEREAS, at a Work Session on September 13, 2021, the Planning Board reviewed the proposed application and required revisions to the Site Plan to make it comply with various applicable sections of the Town Code; and WHEREAS, on December 8, 2021, the New York State Department of Transportation (NYSDOT) determined that a highway work permit is required for Case #100565; and Southold Town Planning Board Public Meeting — February 6, 2023 — Page 4 WHEREAS, on March 14, 2022, Robert Brown, authorized agent, submitted revised site plans for review; and WHEREAS, on March 22, 2022, the Southold Town Engineer reviewed the proposed application and determined revisions were required in order for the site plan met the minimum requirements of Chapter 236 for Storm Water Management; and WHEREAS, on March 28, 2022, Robert Brown, authorized agent, submitted revised site plans for review; and WHEREAS, on April 11, 2022, the Southold Town Planning Board, as Lead Agency pursuant to SEQRA, made a determination of non-significance for the proposed action and granted a Negative Declaration; and WHEREAS, on July 12, 2022, Robert Brown, authorized agent, submitted revised site plans for review; and WHEREAS, on July 27, 2022, the Southold Town Engineer reviewed the proposed application and determined revisions were required in order for the site plan met the minimum requirements of Chapter 236 for Storm Water Management; and WHEREAS, on September 29, 2022, Robert Brown, authorized agent, submitted revised site plans for review; and WHEREAS, on October 28, 2022, the Southold Town Engineer reviewed the proposed application and determined revisions were required in order for the site plan met the minimum requirements of Chapter 236 for Storm Water Management; and WHEREAS, at a Work Session on November 7, 2022, the Planning Board reviewed the proposed application and required revisions to the Site Plan to make it comply with various applicable sections of the Town Code; and WHEREAS, on November 10, 2022, the Suffolk County Department of Health Services (SCDHS) issued wastewater approval reference # C-22-0156 @ 1,523gpd for Mixed Uses as per plan; and WHEREAS, on November 22, 2022, Robert Brown, authorized agent, submitted revised site plans for review; and WHEREAS, on December 13, 2022, the Southold Town Engineer reviewed the proposed application and determined revisions were required in order for the site plan met the minimum requirements of Chapter 236 for Storm Water Management; and WHEREAS, on January 9, 2023, Robert Brown, authorized agent, submitted revised site plans for review; and Southold Town Planninq Board Public Meeting — February 6, 2023 — Page 5 WHEREAS, on January 13, 2023, the Southold Town Engineer reviewed the proposed application and determined revisions were required in order for the site plan met the minimum requirements of Chapter 236 for Storm Water Management; and WHEREAS, on January 18, 2023, Robert Brown, authorized agent, submitted revised site plans for review; and WHEREAS, on January 23, 2023, the Southold Town Planning Board determined that with exception of the items listed as conditions below, all applicable requirements of the Site Plan Regulations, Article XXIV, §280 — Site Plan Approval of the Town of Southold were met; and WHEREAS, on January 24, 2023, the Southold Town Engineer reviewed the proposed application and determined revisions were required in order for the site plan met the minimum requirements of Chapter 236 for Storm Water Management; and WHEREAS, on February 2, 2023, Robert Brown, authorized agent, submitted revised site plans for review; and WHEREAS, on February 3, 2023, the Southold Town Engineer reviewed the proposed application and determined that the site plan met the minimum requirements of Chapter 236 for Storm Water Management; and RESOLVED, that the Southold Town Planning Board hereby finds the application ,consistent with the Local Waterfront Revitalization Program; Martin Sidor: Second. Chairman Wilcinski: 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 hereby grants Approval with Conditions, listed below, of the site plan entitled "Hard Corner Partners LLC' prepared by Robert I. Brown, R.A., dated May 25, 2022, and authorizes the Chairman to endorse the plans listed below after Conditions "A" through "C" below are met: A-0 KEY MAP A-1 GENERAL SITE PLAN Southold Town Planninq Board Public Meeting — February 6, 2023 — Page 6 Al-a NYSDOT PLAN A-2 UTILITIES A-3 LANDSCAPE PLAN A-4 CUT & FILL PLAN A-5 TRUCK TURN TEMPLATE A-6 LIGHTING 1 A-7 LIGHTING 2 A-8 BUILDING 1 FOUNDATION PLAN A-9 BUILDING 1 FIRST FLOOR PLAN A-10 BUILDING 1 SECOND FLOOR PLAN A-11 BUILDING 1 ROOF PLAN A-12 BUILDING 1 ELEVATIONS A-13 BUILDING 1 ELEVATIONS A-14 BUILDING 2-5 FOUNDATION PLAN A-15 BUILDING 2-5 FIRST FLOOR PLAN A-16 BUILDING 2-5 ROOF PLAN A-17 BUILDING 2-5 ELEVATIONS Conditions to be fulfilled prior to endorsement of site plan & prior to building permits being issued: A. Obtain a Highway Work Permit from the New York State Department of Transportation (NYSDOT) and provide one (1) print of the approved plan including the seal, stamp and signature of the NYSDOT. B. A use certification must be obtained from the Chief Building Inspector as required by Town Code. C. Performance Guaranty (aka Bond) submitted and accepted by Planning Board and Town Engineer. The intent of this performance guaranty is to include any off-site improvements required by the Board, and, at a minimum, enough funds to take the necessary steps to secure or restore the site (e.g. security fence) and prevent erosion and runoff, and any other hold-over measures should there be a failure on the part of the applicant to complete the project. Conditions of approval (ongoing) 1. All aspects of the project shall be constructed and maintained substantially in accordance with the approved site plan including the architectural drawings. 2. Preconstruction meeting: preceding the commencement of any clearing or construction on site, a preconstruction meeting shall be coordinated with the Planning Department and Town Engineer prior to any action taken on site. 3. Prior to clearing: a. Existinq trees to be saved: prior to the commencement of any clearing or construction on site, all existing trees to be retained, as shown on the Southold Town Planning Board Public Meeting — February 6, 2023 — Page 7 approved site plan, shall be marked/flagged for inspection by the Planning Department. b. Non-disturbance buffers: All areas shown outside the area of disturbance as shown on the approved plans shall remain in their natural state to retain existing trees and vegetation. The removal of noxious, invasive plants and vines is permitted in the buffer, but they must be hand pulled, hand-cut, or cut with machinery selective enough to keep nearby native plants intact to the greatest extent practicable; c. To minimize loss of Northern long-eared bat (Myotis septentrionalis), the following actions shall be taken: i. Trees capable of providing roosts outside the buffer shall be preserved to the greatest extent practicable. ii. A wildlife biologist experienced with finding bats will be deployed on site prior to any tree-clearing to search for any signs of bat roosting. iii. Tree removal will be avoided during the pup season from June 1 through July 31. d. To minimize the loss of Eastern Box Turtles, the protocol for Box Turtles adopted by the Planning Board and on file with the Planning Department must be followed. 4. Parking: All parking of vehicles associated with residents or visitors of the subject site parking shall be provided on site. No overflow parking is permitted on Wells Avenue or NYS Route 25. 5. Accessory Apartments: Rentals of the three'accessory apartments are required to follow the town code for accessory apartments in the Hamlet Business zoning district. 6. Single Family Dwellings: The four single family dwellings shown as buildings 2 through 5 are for 55 and older occupants, and are required to be leased to tenants on a year-round basis (not for short-term or vacation rentals). 7. Commercial vehicles and deliveries: No Left Turn egress is permitted onto Wells Avenue for commercial vehicles and deliveries. Relevant signage prohibiting this left turn shall be provided at the site egress point as shown on the approved plan. 8. All'exterior lighting on the property, including lighting on the residential units, shall comply with the provisions of Chapter 172 of the Town Code, and the lighting plan pages of the approved site plan. 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. Southold Town Planninq Board Public Meeting — February 6, 2023 — Page.,8 . 9. All exterior signage on the property, shall comply with Town Code. Any future signage not shown on the approved site plan must be reviewed for compliance and approved by the Planning Board prior to installation. 10.All trees and landscaping are required to be maintained by the property owner as shown on the approved site plan. Should a tree die or otherwise be destroyed, it must be replaced with the same species and size as shown on the approved site plan within 6 months. Any change in tree or landscaping species must be approved in writing by the Planning Board. Martin Sidor: Second. Chairman Wilcinski: Motion made by Jim, seconded by Martin. Any discussion? All in favor? Ayes. Opposed? None. Motion carries. Chairman Wilcinski: First Universalist Church —This proposed Site Plan is for the construction of a one story 3,950 sq. ft. place of worship and 34 parking stalls. There is an existing parish house and single-family dwelling to remain, all on 1.2 acres in the Residential Office (RO) Zoning District. The property is located at 51970 Route 25, Southold. SCTM#1000-63.-6-6.1 Martin Sidor: WHEREAS, this proposed Site Plan is for the construction of a one story 3,950 sq. ft. place of worship and 34 parking stalls. There is an existing parish house and single- family dwelling to remain, all on 1.2 acres in the Residential Office (RO) Zoning District; and WHEREAS, on August 20, 2018, information and materials were submitted for a Site Plan Application; and WHEREAS, on September 10, 2018, the Planning Board accepted the application as complete for review; and WHEREAS, on September 10, 2018, the Southold Town Planning Board, pursuant to State Environmental Quality Review Act (SEQRA) 6 NYCRR, Part 617, determined that the proposed action was a Type I Action pursuant to 617.4(b)(9); and Southold Town Planning Board Public Meeting — February 6, 2023 — Page 9 WHEREAS, on September 14, 2018,-the Planning Board, pursuant to Southold Town Code §280-131 C., distributed the application to the required agencies for their comments; and WHEREAS, on January 28, 2021, Robert Brown, authorized agent, submitted revised plans and additional information as required for review; and WHEREAS, on March 17, 2021, Robert Brown, authorized agent, submitted revised plans and additional information as required for review; and WHEREAS, on April 5, 2021, the Planning Board accepted the site plan application as complete for review; and WHEREAS, on October 15, 2018 the Planning Board held and closed the public hearing for the proposed action; and WHEREAS, on December 3, 2018, the Suffolk County Water Authority (SCWA) issued a letter of water availability for the proposed site plan; and WHEREAS, on December 3, 2018, the Southold Town Planning Board, as Lead Agency pursuant to SEQRA, made a determination of non-significance for the proposed action and granted a Negative Declaration; and WHEREAS, on October 10, 2018, the Town of Southold Local Waterfront Revitalization Program Coordinator reviewed the proposed project and determined the project to be consistent with Southold Town LWRP policies with recommendations to the Planning Board; and WHEREAS, on June 3, 2021, the Southold Town Engineer reviewed the proposed application and determined revisions were required in order for the site plan met the minimum requirements of Chapter 236 for Storm Water Management; and WHEREAS, on October 15, 2018, the Architectural Review Committee (ARC) provided comments to be incorporated into the proposed site design and layout; and WHEREAS, on November 28, 2018, the Southold Fire District determined that there is adequate fire protection for the site; and WHEREAS, on November 14;12018, the Southold Town Fire Inspector determined that there was adequate fire protection and emergency access for the site; and WHEREAS, on November 16, 2018 the Suffolk County Planning Commission (SCPC) determined the proposed action to be a matter for local determination; and WHEREAS, on February 26, 2019, the Southold Town Zoning Board of Appeals (ZBA) granted Special Exception #7123SE with conditions; and Southold Town Planning Board Public Meeting--- February 6, -202.3--- Page 10 WHEREAS, on March 13, 2020, the New York State Department of Transportation (NYSDOT) determined that a highway work permit is required for Case #82236; and WHEREAS, on March 30, 2020, the NYS Office of Parks, Recreation and Historic Preservation determined that the proposed reconstruction action will have No Adverse Effect upon the Southold Historic District; and WHEREAS, on November 12, 2020, Stacy Paetzel, authorized agent, submitted revised plans and additional information as required for review; and WHEREAS, on December 20, 2020, the SCDHS held a Variance Hearing for the proposed action; and WHEREAS, on January 25, 2021, the Southold Town Planning Board determined that with exception of a wastewater permit from the SCDHS and a Highway Work Permit from the NYSDOT, all applicable requirements of the Site Plan Regulations, Article XXIV, §280 — Site Plan Approval of the Town of Southold were met; and WHEREAS, on January 25, 2022, the Southold Town Zoning Board of Appeals (ZBA) determined the revised site plan to be a de minimus alteration to Special Exception #7123SE and therefor no further review was required; and WHEREAS, on April 5, 2022 and April 14, 2022, Ray Calamari, authorized agent, submitted a revised site plan application for review; and WHEREAS, at a Work,Session on April 25, 2022, the Planning Board reviewed the proposed application and required revisions to the Site Plan to make it comply with various applicable sections of the Town Code; and WHEREAS, on May 12, 2022, Ray Calamari, authorized agent, submitted a revised site plan application for review; and WHEREAS, on May 25, 2022, the Planning Board determined that the revised site plan application shall be referred no less than the Historic Preservation Commission, Architectural Review Committee, Building Southold Building Department and the Office of the Town Engineer for review and comment; and WHEREAS, on July 21, 2022, the Architectural Review Committee (ARC) provided comments to be incorporated into the proposed site design and layout; and WHEREAS, on July 21, 2022, the Southold Town Engineer reviewed the proposed application and determined revisions were required in order for the site plan met the minimum requirements of Chapter 236 for Storm Water Management; and WHEREAS, on August 9, 2022, Ray Calamari, authorized agent, submitted revised site plans for review; and Southold Town Planning Board Public Meeting — February 6, 2023 — Page 11 WHEREAS, on November 30, 2022, Ray Calamari, authorized agent, submitted revised site plans for review; and WHEREAS, on December 7, 2022, the Southold Town Historic Preservation Commission (HPC) issued a Certificate of Appropriateness for the proposed action as required; and WHEREAS, at a Work Session on December 19, 2022, the Planning Board reviewed the proposed application and required revisions to the Site Plan to make it comply with various applicable sections of the Town Code; and WHEREAS, on January 17, 2023, Ray Calamari, authorized agent, submitted revised site grading and drainage plans for review; and WHEREAS, on January 23, 2023, the Suffolk County Department of Health Services (SCDHS) issued wastewater approval reference # C-20-0036 @ 1,603gpd for Church, Parish House and Apartment; and WHEREAS, the SCDHS required SCTM#63.-6-6.1 and 1000-63.-6-6.2 to be merged, resulting in a single parcel; and WHEREAS, on February 3, 2023, the Southold Town Engineer reviewed the proposed application and determined revisions were required in order for the site plan met the minimum requirements of Chapter 236 for Storm Water Management; and WHEREAS, on February 6, 2023, the Southold Town Planning Board determined that with exception of the items listed as conditions below, all applicable requirements of the Site Plan Regulations, Article XXIV, §280 — Site Plan Approval of the Town of Southold were met; be it therefore RESOLVED, that the Southold Town Planning Board hereby finds the application consistent with the Local Waterfront Revitalization Program; Mia Jealous-Dank: Second. Chairman Wilcinski: Motion made by Martin, seconded by Mia. Any discussion? All in favor? Ayes. Opposed? None. Motion carries. Martin Sidor: And be it further Southold Town Planninq Board Public Meeting — February 6, 2023 — Page 12 RESOLVED, that the Southold Town Planning Board hereby approves the merger of SCTM#1000-63.-6-6.1 & 6.2, as described above and required by the Suffolk County Department of Health Services; Mia Jealous-Dank: Second. Chairman Wilcinski: 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 Approval with Conditions, listed below, of the site plan entitled "First Universalist Church of Southold" prepared by Raymond M. Calamari, R.A., dated April 15, 2021 and last revised October 27, 2022, and authorizes the Chairman to endorse the plans listed below after Conditions "A" through "C" below are met: G-001 SITE PLAN G-002 LANDSCAPE PLAN SL-001 SITE LIGHTING PLAN A-102 FIRST FLOOR PLAN A-301 NORTH &WEST ELEVATIONS A-302 SOUTH & EAST ELEVATIONS A-601 FINISH AND DOOR SCHEDULE C-1 GRADING & DRAINAGE PLAN C-2 GRADING & DRAINAGE DETAILS SK1 -SK18 BUILDING RENDERING Conditions to be fulfilled prior to endorsement of site plan & prior to building permits being issued: D. Obtain approval of a Highway Work Permit from the New York State Department of Transportation (NYSDOT) and provide one (1) print of the approved plan including the seal, stamp and signature of the NYSDOT. E. A use certification must be obtained from the Chief Building Inspector as required by Town Code. Southold Town Planning Board Public Meeting — February 6, 2023 — Page 13 F. Certification from the office of the Town Engineer for compliance with Chapter 236 of the Town Code, and subsequent submission of at least five (5) revised site plans with original stamp, seal and signature of the NYS licensed professional preparing the plan. Conditions of approval (ongoing) 1 All aspects of the project shall be constructed and maintained substantially in accordance with the approved site plan including the architectural drawings. 2 Parking: All parking of vehicles associated with residents or visitors of the subject site parking shall be provided on site. No overflow parking is permitted on NYS Route 25. 3 All exterior lighting on the property, including lighting on the residential units, shall comply with the provisions of Chapter 172 of the Town Code, and the lighting plan pages of the approved site plan. 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. 4 All exterior signage on the property, shall comply with Town Code. Any future signage not shown on the approved site plan must be reviewed for compliance and approved by the Planning Board prior to installation. 5. All trees and landscaping are required to be maintained by the property owner as shown on the approved site plan. Should a tree die or otherwise be destroyed, it must be replaced with the same species and size as shown on the approved site plan within 6 months. Any change in tree or landscaping species must be approved in writing by the Planning Board. Mia Jealous-Dank: Second. Chairman Wilcinski: Motion made by Martin, seconded by Mia. Any discussion? All in favor? Ayes. Opposed? None. Motion carries. Chairman Wilcinski: Dish Wireless Collocation at Orient Fire District—This amended wireless communication facility application is for a proposed Dish Wireless colocation at 66' a.g.l. on an approved existing 1 00' tall stealth canister tower, and the Southold Town Planning Board Public Meeting — February 6, 2023 — Page 14 addition of associated ground equipment within a 35 sq. ft. leased area. There are three other existing carriers, AT&T, Verizon, &T-Mobile,.at various heights on the cell tower with associated ground equipment, as well as existing fire department buildings, all located on 4.36 acres in the R-80 Zoning District. The property is located at 23300 Main Road, Orient. SCTM#1000-18-5-13.8 Mia Jealous-Dank: WHEREAS, this amended wireless communication facility application is for a proposed Dish Wireless colocation at 66' a.g.l. on an approved existing 100' tall stealth canister tower, and the addition of associated ground equipment within a 35 sq. ft. leased area. There are three other existing carriers, AT&T, Verizon, & T-Mobile, at various heights on the cell tower with associated ground equipment, as well as existing fire department buildings, all located on 4.36 acres in the R-80 Zoning District; and WHEREAS, on April 22, 2022, Patrick O'Rourke, authorized agent, submitted a Building Permit application to the Building Department; and WHEREAS, on April 26, 2022, Patrick O'Rourke, authorized agent, pursuant to 280- 74A(4) of the Town Code, submitted a check in the amount of$4,000 into an escrow account with the Town Comptroller's Office to cover the cost of the Technical Consultant's Review; and WHEREAS, on April 27, 2022, the Planning Board authorized CityScape Consultants to proceed with the work as outlined in the agreement; and WHEREAS, on December 6, 2022, Patrick O'Rourke, authorized agent, submitted a site plan application for review; and WHEREAS, at a Work Session on January 23, 2023, the Planning Board accepted the application as complete for review; and WHEREAS, on January 23, 2023, pursuant to Southold Town Code 280-131(H), the Southold Town Planning Board agreed to waive the requirement for a public hearing regarding this amended application which involves a wireless colocation on an approved existing monopole with no height increase and minimal ground equipment; and WHEREAS, at a Work Session held on January 23, 2023, the Planning Board reviewed the report issued by CityScape Consultants on August 24, 2022; and, determined that the action falls within the FCC regulations of the Middle-Class Tax Relief and Job Creation Act of 2012. Therefore, it is recommended for approval with the understanding that the proposed cable (see Conditions below) will be installed inside the monopole shaft; and WHEREAS, the Southold Town Planning Board, pursuant to State Environmental Quality Review Act (SEQRA) 6 NYCRR, Part 617, has determined that the proposed Southold Town Planninq Board Public Meeting — February 6, 2023 — Page 15 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, the Planning Board performed an uncoordinated review of this Unlisted Action pursuant to 6 NYCRR Part 617, Section 617.7 of the State Environmental Quality Review Act (SEQRA); and - WHEREAS, at a Work Session held on January 23, 2023, the Planning Board found that all applicable requirements of the Site Plan Regulations, Article XXIV, 280 — Site Plan Approval of the Town of Southold, have been met; be it therefore RESOLVED, that the Southold Town Planning Board hereby classifies this as an Unlisted Action under SEQRA as described above; James H. Rich III: Second. Chairman Wilcinski: Motion made by Mia, seconded by Jim. Any discussion? All in favor? Ayes. Opposed? None. Motion carries. Mia Jealous-Dank: And be it further RESOLVED, that the Southold Town Planning Board, pursuant to the State Environmental Quality Review Act, makes a determination of non-significance and grants a Negative Declaration; James H. Rich III: Second. Chairman Wilcinski: Motion made by Mia, seconded by Jim. Any discussion? All in favor? Ayes. Opposed? None. Motion carries. Mia Jealous-Dank: And be it further Southold Town Planning Board Public Meeting — February 6, 2023 — Page 16 RESOLVED, that the Southold Town Planning Board Grants Approval to the site plan entitled "DISH Wireless Site ID: NYNYCO2243B", prepared by Peter D. Smith, Licensed Professional Engineer, dated December 10, 2021 and last revised August 2, 2022; and authorizes the Chairman to endorse the Site Plan with the following conditions: Conditions: 1. Construction plans submitted for the building permit must be corrected to show the following: a. Cables from the DISH antennas to the ground equipment be mounted inside the pole. b. The height of the monopole is 100'. 2. No exterior lights were reviewed or approved in connection with this site plan. Any exterior lights on or around the outside of this area must be reviewed and approved by the Planning Board and must meet Town Code §172 Lighting. 3. All of Applicant's feed lines/cables shall be installed inside the monopole structure. 4. All ports shall remain sufficiently sealed to prevent access by birds and other wildlife. 5. The facility shall remain secured and protected from unauthorized personnel. 6. Approved Site Plans are valid for eighteen months from the date of approval, within which time all proposed work must be completed, unless the Planning Board grants an extension. 7. Any changes from the Approved Site Plan shall require Planning Board approval. 8. Prior to the issuance of a Certificate of Occupancy, the Planning Board must inspect the site to ensure it is in conformity with the Approved Site Plan and the conditions above, and issue a final site inspection approval letter. Should the site be found not in conformance with the Approved Site Plan, no Certificate of Occupancy may be issued unless the Planning Board approves the changes. James H. Rich III: Second. Chairman Wilcinski: Motion made by Mia, seconded by Jim. Any discussion? All in favor? Ayes. Opposed? Southold Town Planninq Board Public Meetinq — February 6, 2023 — Page 17 None. Motion carries. SUBDIVISIONS CONDITIONAL PRELIMINARY PLAT DETERMINATION/ SEQRA CLASSIFICATION: Chairman Wilcinski: 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 James H. Rich III: I make a motion to table this application. Martin Sidor: Second. Chairman Wilcinski: Motion made by Jim, seconded by Martin. Any discussion? All in favor? Ayes. Opposed? None. Motion carries. SET HEARING/SEQRA CLASSIFICATION: Chairman Wilcinski: Paul's Lane & Leon Petroleum Resubdivision —This resubdivision application proposes to transfer 31,914 sq. ft. from SCTM#1000-74.-4-5 to SCTM#1 000-74.-4-7.1. Lot 5 (Parcel 1) will decrease in area from 2.7 acres to 1.9 acres, and Lot 7.1 (Parcel 2), will increase in area from 0.8 acres to 1.5 acres. Parcel 1 will be entirely in the B zoning district. Parcel 2 will consist of 50,938 sq. ft. of B-zoning, and 15,000 sq. ft. of LB-zoning. The property is located at the western corner of the intersection of Paul's Lane and CR 48, Peconic. SCTM#1000-74-4-5 & 7.1 James H. Rich III: Mr. Chairman, I offer the following: WHEREAS, this resubdivision application proposes to transfer 31,914 sq.ft. from SCTM#1000-74.-4-5 to SCTM#1000-74.-4-7.1. Lot 5 (Parcel 1) will decrease in area from 2.7 acres to 1.9 acres, and Lot 7.1 (Parcel 2), will increase in area from 0.8 acres to Southold Town Planning Board Public Meeting — February 6, 2023 — Page 18 1.5 acres. Parcel 1 will be entirely in the B zoning district. Parcel 2 will consist of 50,938 sq. ft. of B-zoning, and 15,000 sq. ft. of LB-zoning; and WHEREAS, at their January 23, 2023 work session, the Southold Town Planning Board found this application complete; 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 II Action under SEQRA according to 617.5(c)(16) "granting of individual setback and lot line variances and adjustments"; be it therefore RESOLVED, that the Southold Town Planning Board hereby classifies this action as Type II under SEQRA as described above; Martin Sidor: Second. Chairman Wilcinski: 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 sets Monday, March 13, 2023 at 6:01 p.m. for a Public Hearing regarding the resubdivision plan entitled "Resubdivison of 420 Paul's Lane LLC prepared by Nathan Taft Corwin III Land Surveyor, dated September 30, 2022, and last revised December 14, 2022. Martin Sidor: Second. Chairman Wilcinski: Motion made by Jim, seconded by Martin. Any discussion? All in favor? Ayes. Opposed? None. Motion carries. Southold Town Planninq Board Public Meeting — February 6, 2023 — Page 19 Public Hearings Continued by Court Reporter Jessica DiLallo PUBLIC HEARING Chairman Wilcinski: 6:01 PM— Greenport Medical Offices & Residences —This Site Plan application is for the proposed construction of four (4) 10,900 sq. ft. office buildings with three (3) medical office units on the first floor and ten (10) apartments on the second floor of each, for a total of 12 medical offices, and 40 apartments. It also includes a parking lot with 120 parking stalls on 4.7 aces in the RO and R-40 Zoning 'District. An alternative site plan (the "mitigation plan") is also provided for review. This second plan is proposed as mitigation of potential impacts from the original proposal pursuant to the State Environmental Quality Review Act. The mitigation plan proposes three 10,900 sq. ft. office buildings with three medical office units on the first floor and ten apartments on the second floor. The mitigation proposed includes the reduction in the number of medical offices from twelve to nine, and the reduction in the number of apartments from 40 to 30. The mitigation plan includes, in part, the removal of one of the buildings, a reduction in the size of the parking lot, an increase in the buffer size, and the relocation and reduction in length of the western driveway. The property is located at 160 NYS Route 25, Greenport. SCTM#1000-34-2-1. Chairman Wilcinski: 6:02 PM -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; an 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 Chairman Wilcinski: 6:03 PM - 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 There being no further business to come before the Board, the meeting was adjourned. Respectfully submitted, Jessica Michaelis Transcribing Secretary Donald J. Wilcenski, Chairman