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HomeMy WebLinkAboutPB-03/13/2023 OFFICE LOCATION: MAILING ADDRESS: Town Hall Annex q S (/l P.O.Box 1179 54375 State Route 25hO�� yOIO Southold, NY 11971 (cor.Main Rd. &Youngs Ave.) Southold, NY � � Telephone: 631 765-1938 www.southoldtownny.gov �ycOUNTN,� PLANNING BOARD OFFICE TOWN OF SOUTHOLD PUBLIC MEETING MINUTES March 13, 2023 6:00 p.m. Present were: James H. Rich III, Vice-Chairman Pierce Rafferty, Member Mia Jealous-Dank, Member. Martin Sidor, Member. Mark Terry, Assistant Planning Director Brian Cummings, Planner Mara Cerezo, Planner James Squicciarini, Deputy Town Attorney Jessica Michaelis, Senior Office Assistant Vice-Chairman Rich: Good Evening and welcome to the Public Meeting for Monday, March 13, 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 Vice-Chairman Rich: The first order of business is to set Monday, April 10, 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: Second. Vice-Chairman Rich: Motion made by Jim, seconded by Martin. Any discussion? All in favor? Southold Town Planning Board Public Meeting — March 13, 2023 — Page 2 Ayes. Opposed? None. Motion carries. SITE PLAN APPLICATIONS STATE ENVIRONMENTAL QUALITY REVIEW ACT (SEQRA) DRAFT ENVIRONMENTAL IMPACT STATEMENT (DEIS) ADEQUACY FOR PUBLIC REVIEW/SEQRA SET HEARING FOR DEIS: Vice-Chairman Rich: Strong's Storage Buildings — This site plan is for the proposed construction of two (2) buildings for boat storage, one at 52,500 sq. ft. and the other at 49,000 sq. ft., located on 32.6 acres in the MII and R-80 Zoning Districts where there are 69,245 sq. ft. of existing boatyard buildings. The property is located at 3430 Mill Road, Mattituck. SCTM#1000-106-6-13.4 Pierce Rafferty: Mr. Vice-Chairman, I'd like to offer the following: WHEREAS, this site plan is for the proposed construction of two (2) buildings for boat storage, one at 52,500 sq. ft. and the other at 49,000 sq. ft., located on 32.6 acres in the MII and R-80 Zoning Districts where there are 69,245 sq. ft. of existing boatyard buildings; 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)(10): Any Unlisted action, that exceeds 25 percent of any threshold in this section, occurring wholly or partially within or substantially contiguous to any publicly owned or operated parkland, recreation area or designated open space, including any site on the Register of National Natural Landmarks pursuant to 36 CFR Part 62, 1994 [see 617.17]. The physical alteration of 3.74 acres exceeds 25% of the 10-acre threshold listed in 617.4(b)(6); and WHEREAS, on August 10. 2020 the Southold Town Planning Board declared itself as Lead Agency and issued a Positive Declaration for the action; and WHEREAS, on September 11, 2020 the applicant submitted a Draft Scope prepared by P.W. Grosser Consulting Inc.; and WHEREAS, pursuant to the Regulations of the State of New York Title 6 Department of Environmental Conservation Chapter VI General Regulations Part 617 State Environmental Quality Review the Planning Board held a public hearing on the Draft Scope on November 2, 2020; and Southold Town Planning Board Public Meeting — March 13, 2023 — Page-3 ,WHEREAS, on November 16, 2020 the public comments received to date were discussed at a Planning Board work session; the public comment period was held open until December 7, 2020 and additional written comments were received; and WHEREAS, on April 5, 2021, the Planning Board, as Lead Agency, adopted an Amended Final Scope; and WHEREAS, certain clarifications and corrections were agreed to by the Planning Board at the applicant's request; and WHEREAS, on December 9, 2021, the applicant submitted a Draft Environmental Impact Statement December 2021 Strong's Yacht Center— Proposed Boat Storage Buildings (DEIS); and WHEREAS, the review period of the DEIS was mutually agreed to be extended between the applicant and Planning Board to April 11, 2022 and due to circumstances beyond their control again to May 9, 2022; and WHEREAS on May 9, 2022, the Southold Planning Board determined the DEIS to be inadequate; and WHEREAS, the Southold Town Planning Board received a revised Draft Environmental Impact Statement for Strong's Yacht Center— Proposed Boat Storage (DEIS) on December 1, 2022; and WHEREAS, due to the holidays and scheduling, the Southold Town Planning Board requested and received approval for a 30-day extension to review the submission; and WHEREAS, after careful review, and upon recommendation from the Planning Board's consultant Nelson, Pope and Voorhis in their February 17, 2023 letter, the Board is prepared to determine that the DEIS is adequate for public review; therefore, be it RESOLVED, that the,Southold Town Planning Board, pursuant to 6NYCRR Part 617, of the Environmental Conservation Law acting under the State Environmental Quality Review Act, hereby determines the Draft Environmental Impact Statement for Strong's Yacht Center— Proposed Boat Storage Buildings dated December 1, 2022 to be adequate with respect to the adopted Final Scope and content for the purpose of commencing public review; Martin Sidor: Second. Vice-Chairman Rich: Motion made by Pierce, seconded by Martin. Any discussion? All in favor? Ayes. Opposed? Southold Town Planning Board Public Meeting— March 13, 2023 – Paye 4 None. Motion carries. Pierce Rafferty: And be it further RESOLVED, that the Southold Town Planning Board hereby authorizes the Planning Board Vice-Chairman to submit the Notice of Completion pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the Environmental Conservation Law and, upon filing, the public comment period will begin; Martin Sidor: Second. Vice-Chairman Rich: Motion made by Pierce, seconded by Martin. Any discussion? All in favor? Ayes. Opposed? None. Motion carries. Pierce Rafferty: And be it further RESOLVED, that the Southold Town Planning Board sets May 15, 2023 at 6:01 pm, for a Public Hearing on the DEIS. Martin Sidor: Second. Vice-Chairman Rich: Motion made by Pierce, seconded by Martin. Any discussion? All in favor? Ayes. Opposed? None. Motion carries. Southold Town Planninq Board Public Meeting — March 13, 2023 — Page 5 SUBDIVISIONS CONDITIONAL SKETCH PLAT DETERMINATION: Vice-Chairman Rich: Cooper Standard Subdivision —This proposal is for a Standard Subdivision of a 25.86-acre parcel into three lots, where Lot 1 is 9.47 acres, Lot 2 is 8.28 acres, and Lot 3 is 8.11 acres. The property is located at 2200 Breakwater Road, Mattituck. SCTM#1000-106-9-2.3 Martin Sidor: WHEREAS, this proposal is for a Standard Subdivision of a 27+/- acre parcel into three lots, where Lot 1 equals 9.5 acres, Lot 2 equals 8.3 acres and Lot 3 equals 8.1 acres; and WHEREAS, on February 17, 2022, the applicant submitted a Standard Subdivision Sketch Plat application; and WHEREAS, at their April 25, 2022 work session, the Planning Board found the application incomplete, and further found that due to unique circumstances, they would waive certain subdivision requirements; and WHEREAS, the unique circumstances of this application are as follow: 1. The land was willed to heirs in a will executed prior to 1980; 2. The subdivision lots as proposed are the same as the lots described in the will; 3. The land has been kept in active agriculture since the time the will was created (including land kept fallow as part of crop rotation); 4. At least one heir is actively farming the land at the time of the subdivision application; and WHEREAS, the Planning Board found that due to the unique circumstances described above, they are able waive the following subdivision requirements: • Yield Plan, o The yield proposed is significantly less than the maximum possible, and is based on a will executed prior to 1980. • ERSAP o There is no clustering being required, therefore an ERSAP is not necessary. • Primary & Secondary Conservation Areas Plan o There is no clustering being required, therefore an ERSAP is not necessary. Southold Town Planninq Board Public Meeting_— March 13, 2023 — Paye 6 • Current Sketch Plat o The subdivision map from 1989 is sufficient for Sketch Plat review. • Town Code §240-42 B. Cluster requirement; and WHEREAS, the Planning Board found that due to the unique circumstances described above, they are able to defer the following requirement to the Preliminary Plat stage; • Existing conditions survey; and WHEREAS, on March 13, 2023, the Planning Board, at their Work Session, reviewed the required additional information and found the application complete, and further found that all requirements, except those that have been waived as described above, have been met pursuant to Article V Sketch Plat; be it therefore RESOLVED, that the Southold Town Planning Board hereby waives the following code requirements for subdivision Sketch Plat applications: • Yield Plan; • ERSAP; • Primary & Secondary Conservation Areas Plan; • Current Sketch Plat; • Town Code §240-42 B. Cluster requirement; 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 defers the following code requirement for subdivision Sketch Plat applications to the Preliminary Plat stage: • Existing conditions survey; Mia Jealous-Dank: Second. Southold Town Planning Board Public Meeting — March 13, 2023 — Page 7 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 Sketch Plat Approval upon the map prepared by Young & Young, entitled "Minor Subdivision Prepared for Estate of David W. Cooper", dated April 18, 1989, with the following conditions: 1. Submit all Preliminary Plat application requirements pursuant to §240-16 Submission and §240-17 Technical Requirement of the Southold Town Code; 2. Submit a current existing conditions survey; - 3. Submit a copy of the most recent property deed; 4. Provide certificates of occupancy for existing buildings; 5. Address Lot Recognition (Town Code §280-9); there is an inconsistency in the property boundary at the end of the 20' right-of-way on the north side of the property that appears differently in an approved set-off map from this property in 2002 (Planning Board Approved set-off of one lot from this property "Grathwol") than it does currently in the Suffolk County Tax Map. Mia Jealous-Dank: Second. Vice-Chairman Rich: Motion made by Martin, seconded by Mia. Any discussion? All in favor? Ayes. Opposed? None. Southold Town Planning Board Public Meeting — March 13, 2023 — Page 8 Motion carries. CONDITIONAL PRELIMINARY PLAT DETERMINATION/SEQRA CLASSIFICATION: 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, 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 Mia Jealous- Dank: I move that we table this application. Martin Sidor: Second. Vice-Chairman Rich: Motion made by Mia, seconded by Martin. Any discussion? All in favor? Ayes. Opposed? None. Motion carries. CONDITIONAL FINAL PLAT EXTENSION: Vice-Chairman Rich: Islands End Golf& Country Club and Turner Estate Resubdivision - This resubdivision proposes to reconfigure the two King Trust parcels SCTM#,1000-35-.2-1 & 35-2.-11 into one lot (Lot 1) equal to 92.43 acres with development rights sold on 83.93 acres and a 5.50 acre development area and the two Club parcels SCTM#1000-35.-2-12 & 35-2.-2-17.1 into one lot (Lot 2) equal to 34.38 acres with development rights sold on 30.03 acres and a development area of 4.25 acres and a parking easement area of 0.43 acres in the R-80 Zoning District. The property is located at 4675, 5243 & 5025 NYS Route 25, East Marion. SCTM#1 000-35- 2-11, 12 & 17.1 Mia Jealous-Dank: WHEREAS, this Resubdivision proposes to reconfigure the two King Trust parcels SCTM#1000-35-.2-1 & 35-2.-11 into one lot (Lot 1) equal to 92.43 acres with development rights sold on 83.93 acres and a 5.50 acre development area and the two Club parcels SCTM#1000-35.-2-12 & 35-2.-2-17.1 into one lot (Lot 2) equal to 34.38 acres with development rights sold on 30.03 acres and a development area of 4.25 acres and a parking easement area of .43 acres in the R-80 zoning district. Southold Town Planning Board Public Meeting — March 13, 2023 — Page 9 WHEREAS, on July 15, 2022, the applicant submitted a Resubdivision application for review by the Southold Town Planning Board; and WHEREAS, on September 13, 2022 the Southold Town Planning Board granted Conditional Final Plat Approval upon the plan entitled, "Island's End Golf and Country Club, Inc.," dated and last revised May 16, 2019, prepared by John Minto, Land Surveyor, with a condition: 1. Submit 12 paper copies and 4 mylars of the Final Plat with the approval stamp of the Suffolk County Department of Health Services; and WHEREAS, on March 12, 2023 the Conditional Final Plat Approval expires; and WHEREAS, on February 7, 2023 the applicant's agent submitted a request to extend the Conditional Final Approval another 6 months, citing delays in obtaining Suffolk County Department of Health Services approval; therefore, be it RESOLVED, that the Southold Town Planning Board hereby extends the Conditional Final Plat Approval for an additional six months. Pierce Rafferty: Second. Vice-Chairman Rich: Motion made by Mia, seconded by Pierce. Any discussion? All in favor? Ayes. Opposed? None. Motion carries. Vice-Chairman Rich: Messina Conservation Subdivision -This 80/60 conservation subdivision proposes to subdivide 50 acres into eight (8) residential lots of ' approximately 35,000 sq. ft. each, and one 43.6-acre parcel to be preserved as open space by the Town. The property is located at 705, 751 & 2425 Laurel Avenue, Southold. SCTM#1000-56-1-1, 55-6-35 & 36 Pierce Rafferty: Mr. Vice-Chairman, I offer the following: WHEREAS, this 80/60 conservation subdivision proposes to subdivide 50 acres into eight (8) residential lots of approximately 35,000 sq. ft. each, and one 43.6-acre parcel to be preserved as open space by the Town; and f Southold Town Planning Board Public Meeting — March 13, 2023 — Page 10 WHEREAS, on September 13, 2022, the Planning Board granted Conditional Final Plat Approval upon the application, with expiration set to occur in six months; and WHEREAS, the Conditional Final Plat Approval expired on March 13, 2023; 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. Martin Sidor: Second. Vice-Chairman Rich: Motion made by Pierce, seconded by Martin. Any discussion? All in favor? Ayes. Opposed? None. Motion carries. CONDITIONAL FINAL PLAT DETERMINATION: Vice-Chairman Rich: Paradise & James Resubdivision —This resubdivision proposes to transfer 5,183 sq. ft. from SCTM#1000-81-1-24.3 to SCTM#1000-81-3-1.4. The land being transferred is unbuildable and will not convey any new development potential. The property is located at 5000 & 5300 Paradise Point Road, Southold. SCTM#1000-81-3-1.4 & 81-1-24.3 Martin Sidor: WHEREAS, in October 2022, the applicant submitted a Resubdivision application for review by the Southold Town Planning Board; and WHEREAS this Resubdivision proposes to transfer 5,183 sq. ft. from SCTM#1000-81-1- 24.3 to SCTM#1000-81-3-1.4. The land being transferred is unbuildable and will not convey any new development potential; and WHEREAS, at their work session on February 6, 2023, the Southold Town Planning Board found the Resubdivision application complete; and WHEREAS, pursuant to §240-56 Waivers of certain provisions, the Southold Town Planning Board shall have the authority to modify or waive, subject to appropriate Southold Town Planning Board Public Meeting — March 13, 2023 — Page 11 conditions, any provision of these subdivision regulations, if in its judgment they are not requisite in the interest of the public health, safety and general welfare, except where such authority would be contrary to other ordinances or state law; and 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 this Resubdivision does not create any additional residential building lots, and the amount of land being transferred from one lot to the other is small, and therefore are eligible for a waiver: a. Sketch Plat Review; b. Existing Resources Site Analysis Plan (ERSAP); c. Yield Plan; d. Primary & Secondary Conservation Area Plan; e. Preliminary Plat Review; f. Requirement for a Public Hearing, and WHEREAS, this application is EXEMPT from review by the Local Waterfront Revitalization Program as no new development potential will come as a result of this Resubdivision; and WHEREAS, on September 15, 2022, the Southold Town Zoning Board of Appeals granted the area variances required for Lots 1 and 2 together with a reduction in lot depth from 115.76 feet to 91.55 feet on Lot 1; and WHEREAS, the Southold Town Zoning Board of Appeals decision also conditioned that no further development shall be permitted on the 5,183 sq. ft. (recreation open space); 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"; and WHEREAS, on February 6, 2023 at their Work Session, the Planning Board determined that the proposed action meets all the necessary requirements of Town Code §240-57 for a Resubdivision application; and WHEREAS, pursuant to Town Code §240-41 concrete monuments to mark the property boundaries are required; and WHEREAS, on December 2, 2022 the Suffolk County Department of Health Services issued approval on the Resubdivision map; therefore be it RESOLVED, that the Southold Town Planning Board, pursuant to §240-56 Waivers of certain provisions, hereby waives the following provisions of subdivision: Southold Town Planning Board Public Meeting — March 13, 2023 — Page 12 a. Article V. Sketch Plat Review; b. §240-10 (A): Existing Resources Site Analysis Plan (ERSAP); c. §240-10 (8):Yield Plan; d. §240-10 (C): Primary & Secondary Conservation Area Plan; e. Article VI: Preliminary Plat Review; f. Chapter 240. Subdivision of Land Article VII. Final Plat Review; g. § 240-25. Public Hearing; 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 waives the public hearing requirement on this Resubdivision; 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 grants a Conditional Final Plat Approval upon the map entitled "Proposed Lot Line Change for Elyse James and John Sinning, ET AL," prepared by Kenneth Woychuck Land Surveying, PLLC, dated August 30, 2017, and last revised October 12, 2022 with the following conditions: Southold Town Planninq Board Public Meetinq — March 13, 2023 — Page 13 1. Install concrete monuments at each new property corner. 2. Notify the Planning Board when the monuments have been installed so that an inspection can be made. Mia Jealous-Dank: Second. Vice-Chairman Rich: Motion made by Martin, seconded by Mia. Any discussion? All in favor? Ayes. Opposed? None. Motion carries. FINAL PLAT DETERMINATION: Vice-Chairman Rich: Ffolliott Resubdivision —This resubdivision proposes to transfer 4,168 sq. ft. from SCTM#1000-24-1-4.1 (Lot 1) to SCTM#1000-24-1-2 (Lot 2). Following the transfer, Lot 1 would decrease from 0.43 acres to 0.33 acres, and Lot 2 would increase from 0.37 acres to 0.46 acres in the R-40 zoning district. The property is located at 510 & 390 Oyster Ponds Lane, Orient. SCTM#1000-24-1-2 & 4.1 located at 5000 & 5300 Paradise Point Road, Southold. SCTM#1000-81-3-1.4 & 81-1- 24.3 ' Mia Jealous-Dank: WHEREAS, in August 2022, the applicant submitted a Resubdivision application for review by the Southold Town Planning Board; and WHEREAS, this Resubdivision proposes to transfer 4,168 sq. ft. from SCTM#1000-24- 1-4.1 (Lot 1) to SCTM#1000-24-1-2 (Lot 2). Following the transfer, Lot 1 would decrease from 0.43 acres to 0.33 acres, and Lot 2 would increase from 0.37 acres to 0.46 acres in the R-40 Zoning District, and WHEREAS, at their work session on February 6, 2023, the Southold Town Planning Board found the Resubdivision application complete; and WHEREAS, pursuant to §240-56 Waivers of certain provisions, the Southold Town Planning Board shall have the authority to modify or waive, subject to appropriate conditions, any provision of these subdivision regulations, if in its judgment they are not Southold Town Planning Board Public Meetinq — March 13, 2023 — Page 14 requisite in the interest of the public health, safety and general welfare, except where such authority would be contrary to other ordinances or state law; and 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 this Resubdivision does not create any additional residential building lots, and the amount of land being transferred from one lot to the other is small, and therefore are eligible for a waiver: g. Sketch Plat Review; h. Existing Resources Site Analysis Plan (ERSAP); i. Yield Plan; j. Primary & Secondary Conservation Area Plan; k. Preliminary Plat Review; I. Public Hearing; and WHEREAS, pursuant to the Resubdivision policy set by the Planning Board on February 2011, this application is eligible for a decision from the Planning Board prior to receiving approval by the Suffolk County Department of Health Services (SCDHS) as it meets the following criterion set forth in that policy: • Where both lots are already developed; • Where no new development potential will be created in the parcel to which the land is transferred; and WHEREAS, this application is EXEMPT from review by the Local Waterfront Revitalization Program as no new development potential will come as a result of this Resubdivision; and WHEREAS, on January 24, 2023, the Southold Town Zoning Board of Appeals granted the area variances required; 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 isa Type II Action under SEQRA according to 617.5(c)(16) "granting of individual setback and lot line variances and adjustments"; and WHEREAS, on February 6, 2023, at their Work Session, the Planning Board determined that the proposed action meets all the necessary requirements of Town Code §240-57 for a Resubdivision application; and WHEREAS, pursuant to Town Code §240-41 concrete monuments to mark the property boundaries are required; therefore be it RESOLVED, that the Southold Town Planning Board, pursuant to §240-56 Waivers of certain provisions, hereby waives the following provisions of subdivision: Southold Town Planning Board Public Meeting — March 13, 2023 — Page 15 a) Article V.• Sketch Plat Review; b) §240-10 (A): Existing Resources Site Analysis Plan (ERSAP); c) §240-10 (8):Yield Plan; d) §240-10 (C): Primary & Secondary Conservation Area Plan; e) Article Vl: Preliminary Plat Review; f) § 240-25. Public Hearing; Pierce Rafferty: Second. Vice-Chairman Rich: Motion made by Mia, seconded by Pierce. 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 requirement to receive approval from the Suffolk County Department of Health Services prior to approval of this Resubdivision by the Southold Town Planning Board; Pierce Rafferty: Second. Vice-Chairman Rich: Motion made by Mia, seconded by Pierce. Any.discussion? All in favor? Ayes. Opposed? None. Motion carries. Mia Jealous-Dank: And be it further RESOLVED, that the Southold Town Planning Board grants'Final Plat Approval upon the map entitled "Re-subdivision Map of 390 & 510 Oyster Ponds Lane," prepared by Barrett, Bonacci &Van Weele, PC dated February 18, 2022, and last revised December 14, 2022. Southold Town Planning Board Public Meeting — March 13. 2023 — Page 16 Pierce Rafferty: Second. Vice-Chairman Rich: Motion made by Mia, seconded by Pierce. Any discussion? All in favor? Ayes. Opposed? None. Motion carries. Vice-Chairman Rich: The Gaines Gwathmey Family Resubdivision —This resubdivision proposes to transfer 6,941 square feet from Lot 1 to 2 and transfer 6,941 from Lot 2 to 1 in the R-120 zoning district. The amount of area to be transferred between the lot is even. Following the transfer Lot 1 will equal 29,335 sq. ft. and Lot 2: 64,712 sq. ft. The property is located at 173 Pheasant Drive & 22617 East Main Road, Fishers Island. SCTM#1000-5-2-2 & 3 Pierce Rafferty: Mr. Vice Chairman, I offer the following: WHEREAS, on March 24, 2021, the applicant submitted a Resubdivision application for review by the Southold Town Planning Board; and WHEREAS this Resubdivision proposes to transfer 6,941 sq. ft. between SCTM#1000- 5-2-2 (Lot 1) and 1000-5-2-3 (Lot 2) in an even exchange of area. Following the transfer each lot will remain the same size, with Lot 1 at 0.67 acres, and Lot 2 at 1.48 acres in the R-120 Zoning District; and WHEREAS, at their work session on February 6, 2023, the Southold Town Planning Board found the Resubdivision application complete; and WHEREAS, pursuant to §240-56 Waivers of certain provisions, the Southold Town Planning Board shall have the authority to modify or waive, subject to appropriate conditions, any provision of these subdivision regulations, if in its judgment they are not requisite in the interest of the public health, safety and general welfare, except where such authority would be contrary to other ordinances or state law; and 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 this Resubdivision does not create any additional residential building lots, and the amount of land being transferred from one lot to the other is small, and therefore are eligible for a waiver: Southold Town Planning Board Public Meeting — March 13, 2023 — Page 17 a) Sketch Plat Review; b) Existing Resources Site Analysis Plan (ERSAP); c) Yield Plan; d) Primary & Secondary Conservation Area Plan; e) Preliminary Plat Review; f) Public Hearing; and WHEREAS, pursuant to the Resubdivision policy set by the Planning Board on February 2011, this application is eligible for a decision from the Planning Board prior to receiving approval by the Suffolk County Department of Health Services (SCDHS) as it meets the following criterion set forth in that policy: • Where both lots are already developed; • Where no new development potential will be created in the parcel to which the land is transferred; and WHEREAS, this application is EXEMPT from review by the Local Waterfront Revitalization Program as no new development potential will come as a result of this Resubdivision; and WHEREAS, on January 24, 2023, the Southold Town Zoning Board of Appeals granted the area variances required; 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"; and WHEREAS, on July 26, 2021, at their Work Session, the Planning Board determined that the proposed action meets all the necessary requirements of Town Code §240-57 for a Resubdivision application; and WHEREAS, pursuant to Town Code §240-41 concrete monuments to mark the property boundaries are required; therefore be it RESOLVED, that the Southold Town Planning Board, pursuant to §240-56 Waivers of certain provisions, hereby waives the following provisions of subdivision: a) Article V. Sketch Plat Review; b) §240-10 (A): Existing Resources Site Analysis Plan (ERSAP); c) §240-10 (8):Yield Plan; d) §240-10 (C): Primary & Secondary Conservation Area Plan; e) Article VI: Preliminary Plat Review; f) § 240-25. Public Hearing, Southold Town Planning Board Public Meeting — March 13, 2023 — Page 18 Martin Sidor: Second. Vice-Chairman Rich: Motion made by Pierce, seconded by Martin. Any discussion? All in favor? Ayes. Opposed? None. Motion carries. Pierce Rafferty: And be it further RESOLVED, that the Southold Town Planning Board hereby waives the requirement to receive approval from the Suffolk County Department of Health Services prior to approval of this Resubdivision by the Southold Town Planning Board; Martin Sidor: Second. Vice-Chairman Rich: Motion made by Pierce, seconded by Martin. Any discussion? All in favor? Ayes. Opposed? None. Motion carries. Pierce Rafferty: And be it further RESOLVED, that the Southold Town Planning Board grants Final Plat Approval upon the map entitled "Gaines Gwathmey Family 2012 Trust et al. Lot Line Change," prepared by Richard Strouse, PE, dated January 27, 2021, and last revised September 30, 2021. Martin Sidor: Second. Vice-Chairman Rich: Motion made by Pierce, seconded by Martin. Any discussion? All in favor? Ayes. Southold Town Planning Board Public Meeting — March 13, 2023 — Page 19 Opposed? None. Motion carries. ACCEPT BOND: Vice-Chairman Rich: 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 subsequent extensions granted; and WHEREAS, one of the conditions was to post a performance bond for the construction of the subdivision road; and WHEREAS, on January 18, 2023, the Town Engineer recommended the Performance Bond Estimate in the amount of$71,952; and WHEREAS, on February 8, 2023, the applicant's agent submitted the Performance Bond to the Planning Department in the form of an official bank check from CitiBank, check#116497118 in the amount of$71,952. This check was transmitted to the Town Clerk on February 13, 2023; and WHEREAS, the Southold Town Planning Board reviewed the recommendation from the Town Engineer for the Performance Bond Estimate; therefore be it RESOLVED, that the Southold Town Planning Board hereby accepts the Performance Bond in the form of an official bank check from CitiBank, check#116497118 in the amount of$71,952 and recommends same to the Town Board. 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 — March 13, 2023 — Page 20 Opposed? None. Motion carries. PUBLIC HEARING Vice-Chairman Rich: 6:01 p.m. - 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 At this time, I'd like to ask Pat Moore to speak on behalf of the applicant? Patricia Moore: Yes, I am. Good Evening, Patricia Moore, on behalf of both the applicant, Leon Petroleum as well as 420 Paul's Lane, LLC. They're both here applying for a lot line modification. It's asyou described it. The smaller parcel has the gas station on it and this additional land will make for a larger, more conforming parcel all within the LB zoning. As you recall, there had been an application prior for the larger property to redevelop the piece adjacent to this gas station and the parties agreed for a transfer of the additional land in order to maintain two clean and distinct separate parcels. So, our application is before you, we have a health department application pending and they are waiting for their SEQRA determination so if you could provide that at some point, we can complete the process with the health department. Thank you. Are there any questions? Vice-Chairman Rich: Well, I do have to ask: is there anybody that would like to address the Planning Board on this application? Do we have anybody on Zoom? (No Response) Does the Planning Board have any questions? Mia Jealous-Dank: No. Pierce Rafferty: No. Vice-Chairman Rich: Thank you. Mia Jealous-Dank: I move that we close this hearing. Pierce Rafferty: Second. Southold Town Planning Board Public Meetinq — March 13, 2023 — Page 21 Vice-Chairman Rich: Motion made by Mia, seconded by Pierce. Any discussion? All in favor? Ayes. Opposed? None. Motion carries. HEARING HELD OVER Vice-Chairman Rich: 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 Are you here for this too, Pat? Patricia Moore: Yes, I am. This is a continuation of the hearing and everyone has been properly noticed at this point so I will accept and comments and respond if there are any comments. I have with me here Scott Murphy who is the design professional so if there (inaudible), we'll have Scotts take on it. James H. Rich III: Anybody else? Kevin O'Mara: I'm Kevin O'Mara, I'm one of the adjacent property owners. We just had a question: on the site map that you have there, there are two run-in sheds in the paddock and we've had some discussions with the owner about potentially moving those. I mean, we wanted to confirm that—from the Planning Boards perspective —the fact that they're shown there on the site plan is not permanent and that they are movable agricultural structures which is our understanding but we wanted to make sure that that was your understanding as well. James H. Rich III: They're so small. Kevin O'Mara: They're about 240 square feet. James H. Rich III: Yeah, they're listed as 240 square feet. So, that's sort of a (inaudible) question, I don't have an answer to. Patricia Moore: So generally, Ag structures, because they are temporary, portable, in particular they're 250 square foot running sheds. They will —we put them as an example Southold Town Planning Board Public Meeting — March 13, 2023 — Page 22 that we need them but they will ultimately go wherever the horses are and their position change depends on the season. So, in the winter they have to face a certain direction to keep the animals protected from the weather and in the summer they, obviously, have to change the position and be in a different location for proper ventilation. So, the running sheds are currently an example where they are presently but where they will ultimately be will depend completely on the farming operation, where the horses are, where the - you know—wherever is the best practice for the horses and where they should be located. So, I just want to be clear, the Planning Board does not usually site plan ag structures, that they are temporary, they are movable, and so ultimately where they end up will be up to the owner and — Jessica Michaelis: I have the owner on Zoom and she'd like to speak. Kathleen, I just allowed you to speak, if you could just unmute and then you could state your name for the record? Kathleen Derose: Oh, hi, yeah, it's Kathleen Derose. Hi everybody and thank you again for the Planning Board. I really appreciate the time and also the chance to join the farming community. So, I'm happy to be neighborly about the location of these things. They are just literally (inaudible) for keeping the horses out of the weather as Pat said so, thanks very much for considering their movability and =you know— I'm happy to work with neighbors to they're (inaudible). (silence) James H. Rich III: Thank you, what are they 12 by 20? (silence) Anyone else? Jessica Michaelis: I don't know what happened. It's okay. James H. Rich III: Okay, with this being a held over hearing — Martin Sidor: I don't know if anybody else wants to speak, no? Pat Moore: I'm sorry, if you don't have any questions regarding the design or any of the (inaudible). I can answer questions but it's fine. I understand you're waiting for the Cutchogue Fire Department to send their comments so I would ask that at a certain point that if they don't respond that we just move forward so we can get that decision and have the'horses there. Thank you. Martin Sidor: I make a motion to close. Mia Jealous-Dank: Second. Vice-Chairman Rich: Motion made by Martin, seconded by Mia. Any discussion? All in favor? Southold Town Planning Board Public Meeting — March 13, 2023 — Page 23 Ayes. Opposed? None. Motion carries. Martin Sidor: I'd like to make a motion for adjournment. Mia Jealous-Dank: Second. Vice-Chairman Rich: Motion made by Martin, seconded by Mia. 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 submittd, 00i H. �-, � Jessica Michaelis Transcribing Secretary James H. Rich III, Vice-Chairman