HomeMy WebLinkAboutPB-06/05/2023 OFFICE LOCATION: MAILING ADDRESS:
Town Hall Annex a SOu P.O.Box 1179
54375 State Route 25 O�� TyOI Southold,NY 11971
(cor.Main Rd. &Youngs Ave.) Q
Southold NY Telephone: 631 765-1938
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www.southoldtownny.gov
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PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
PUBLIC MEETING
MINUTES
June 5, 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, Assistant Planning Director
Mara Cerezo, Planner
James Squicciarini, Deputy Town Attorney
Jessica Michaelis, Senior Office Assistant
Chairman Wilcenski: Good Evening and welcome to the Public Meeting for Monday, June 5,
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 Monday, July 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: I make a motion.
Mia Jealous-Dank: Second.
Southold Town Planning Board Public Meeting —June 5, 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
CONDITIONAL DETERMINATIONS/ PERFORMANCE BOND ESTIMATE:
Chairman Wilcenski: NOFO Center Amended —This site plan is for proposed interior
alterations to an existing 4,866 sq. ft. multi-use building, no footprint expansion, with
thirty-six parking stalls on 0.7 acres in the General Business Zoning District. The
property is located at 75 Marlene Lane, Mattituck. SCTM#1000-143-3-1
Pierce Rafferty: Mr. Chairman, I'd like to offer the following:
WHEREAS, this site plan is for proposed interior alterations to an existing 4,866 sq. ft.
multi-use building, no footprint expansion, with thirty-six parking stalls on 0.7 acres in
the General Business Zoning District, Mattituck; and
WHEREAS, on October 1, 2021, Anthony Portillo, authorized agent, submitted a portion
of the materials for an amended Site Plan Application for review; and
WHEREAS, on November 9, 2021, Anthony Portillo, authorized agent, submitted a
portion of the materials for an amended Site Plan Application for review; and
WHEREAS, on November 16, 2021, Anthony Portillo, authorized agent, submitted a
photometric plan for review; and
WHEREAS, on November 23, 2021, Anthony Portillo, authorized agent, submitted a
Notice of Disapproval for the file; and
WHEREAS, on December 6, 2021, the Planning Board accepted the amended
application as complete for review; and
WHEREAS, on December 6, 2021, the Southold Town Planning Board, pursuant to
State Environmental Quality Review Act (SEQRA) 6 NYCRR, Part 617.5 (c), determined
that the proposed action was a Type II Action as it falls within the following description
pursuant to State Environmental Quality Review Act (SEQRA) 617.5(c)(2) ". . .
Southold Town Planning Board Public Meetinq —June 5, 2023 — Page 3
replacement, rehabilitation or reconstruction of a structure or facility, in kind, on the
same site, including upgrading buildings to meet building or fire codes"; and
WHEREAS, on December 12, 2021, the Planning Board, pursuant to Southold Town
Code §280-131 C., distributed the application to the required agencies for their
comments; and
WHEREAS, per the agreement with the SC Planning Commission, this action is a
matter for local determination because it is a site plan application proposing less than
5,000 square feet of new or renovated floor, and does not require a referral to the
Commission; and
WHEREAS, on January 10, 2022, a Public Hearing was held and closed; and
WHEREAS, on January 13, 2022, the Southold Town Code Enforcement officer verified
that there were no open violations on the subject parcel;
WHEREAS, on January 25, 2022, the Southold Town Engineer reviewed the revised
site plan and determined that revisions were necessary in order to meet the minimum
requirements of Chapter 236 for Storm Water Management; and
WHEREAS, on February 1, 2022, the Southold Town Fire Marshal reviewed and
determined that there was adequate fire protection and emergency access for the site;
and
WHEREAS, on February 1, 2022, 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 February 22, 2022 the Mattituck Fire District determined there was
adequate fire protection for the site; and
WHEREAS, at their Work Session, held on February 28, 2022, the Southold Town
Planning Board reviewed the proposed amended Site Plan and determined that
revisions and additional information were required; and
WHEREAS, on March 16, 2022, Doug Cabral, authorized agent, submitted a detailed
request to the Planning Board to proceed with interior work of Unit#3 prior to site plan
approval; and
WHEREAS, on March 18, 2022, the Planning Board agreed to allow the applicant to
proceed with interior work to Unit#3 prior to site plan approval as detailed in the request
referenced above; and
WHEREAS, on March 25, 2022, Doug Cabral, authorized agent, submitted a detailed
request to the Planning Board to proceed with interior work to Units #1 & #2 prior to site
plan approval; and
Southold Town Planning Board Public Meeting —June 5, 2023 — Page4
WHEREAS, on March 29, 2022, the Planning Board agreed to allow the applicant to
proceed with interior work to Units #1 & #2 prior to site plan approval as detailed in the
request referenced above; and
WHEREAS, on July 19, 2022, staff provided an update to the applicant via email that no
information or revised site plans had been submitted since the Planning Board follow-up
letter of February 28, 2022; and
WHEREAS, on October 5, 2022, Anthony Portillo, authorized agent, submitted a portion
of the required items for review; and
WHEREAS, on December 13, 2022, Anthony Portillo, authorized agent, submitted a
revised photometric plan for review; and
WHEREAS, on February 17, 2022, staff provided the Code section and Chapter 172
details for the applicant via email; and
WHEREAS, on March 9, 2023, Anthony Portillo, authorized agent, submitted a revised
photometric plan for review; and
WHEREAS, on March 30, 2023, staff provided review comments and analysis to the
applicant via email regarding the proposed Photometric Plan pursuant to Chapter 172;
and
WHEREAS, on May 23, 2023, Anthony Portillo, authorized agent, submitted a revised
photometric plan and a revised site plan for review; and
WHEREAS, on June 1, 2023, Anthony Portillo, authorized agent, submitted a revised
site plan for review; and
WHEREAS, at their Work Session, held on June 5, 2023, the Southold Town Planning
Board reviewed the proposed Site Plan and determined that with exception of the
conditions listed below, all applicable requirements of the Town Code site plan
regulations, Article XXIV, §280 Site Plan Approval were met; therefore be it
RESOLVED, that the Southold Town Planning Board has determined that this proposed
action is consistent with the policies of the Town of Southold Local Waterfront
Revitalization Program;
James H. Rich III: Second.
Chairman Wilcenski: Motion made by Pierce, seconded by Jim. Any discussion? All in
favor?
Ayes.
Southold Town Planninq Board Public Meeting —June 5, 2023 — Page 5
Opposed?
None.
Motion carries.
Pierce Rafferty: And be it further
RESOLVED, that the Southold Town Planning Board hereby grants Conditional
Approval of the site plan entitled "NOFO Center Planning" prepared by Anthony
Portillo, R.A., dated November 4, 2021, with the following conditions:
1. Provide the following items on a minimum of five (5) revised Site Plans including
the seal stamp and signature of the NYS licensed professional preparing the
plan.
a. Provide required ADA compliant parking stalls as specified above;
b. Provide a location in the rear parking area for cross access connection to
the adjacent parcel to the east and the previously approved cross access
location.
2. Obtain a Use Certification from the Building Department.
James H. Rich III: Second.
Chairman Wilcenski: Motion made by Pierce,-seconded by Jim. Any discussion? All in
favor?
Ayes.
Opposed?
None.
Motion carries.
Chairman Wilcenski: The Enclaves Hotel —This proposed site plan is for the
conversion of an existing 3,026 sq. ft. residence with a 584 sq. ft. addition into a 74-seat
restaurant and the construction of a hotel with 44 units, and an outdoor pool on 6.75
acres in the Hamlet Business zoning district. The property is located at 56655 NYS
Route 25, Southold. SCTM#1000-63-3-15
James H. Rich III: Mr. Chairman, I offer the following:
Southold Town Planning Board Public Meeting — June 5, 2023 — Page 6
WHEREAS, this site plan is for the proposed conversion of an existing 3,026 sq. ft.
residence with a 584 sq. ft. addition into a 74-seat restaurant and the construction of a
hotel with 44 units, and an outdoor pool on 6.75 acres in the Hamlet Business Zoning
District. The property is located at 56655 NYS Route 25, Southold. SCTM#1000-63-3-
15; and
WHEREAS, on October 21, 2021, the Southold Town Zoning Board of Appeals (ZBA),
as Lead Agency, completed the EIS and Findings for the Type I action and Positive
Declaration pursuant to State Environmental Quality Review Act (SEQRA) 6 NYCRR,
Part 617. A complete timeline and additional information regarding the SEQR process
can be found in the Findings; Deliberations and Determination Meeting of December 2,
2021, Special Exception for 56655 Main St. LLC (The Enclaves Hotel and Restaurant)
document in Town Laserfiche; and
WHEREAS, on December 6, 2021, the ZBA granted Special Exception 7046SE for the
proposed Hotel & Restaurant subject to numerous Conditions, and Covenants &
Restrictions required to be filed with the Office of the Suffolk County Clerk; and
WHEREAS, on December 22, 2021, David N. Altman, Esq., authorized agent,
submitted site plans, information and materials for a Site Plan review; and
WHEREAS, on January 24, 2022, the Planning Board found the application incomplete
for review, requiring the submission of revised site plans and additional information for
review; and
WHEREAS, on February 1, 2022, Andrew Giambertone, authorized agent, submitted a
portion of the revised plans and additional information as required for review; and
WHEREAS, on February 3, 2022, Bryan Grogan, P.E., submitted revised plans and
additional information as required for review; and
WHEREAS, on February 4, 2022, staff provided comments and analysis via email
regarding the plans submitted, noting their deficiencies; and
WHEREAS, on February 17, 2022, Andrew Giambertone, authorized agent, submitted a
portion of the revised plans and additional information as required for review; and
WHEREAS, on February 22, 2022, Bryan Grogan, P.E., submitted revised plans and
additional information as required for review; and
WHEREAS, on February 28, 2022, the Planning Board accepted the site plan
application as complete for review; and
WHEREAS, on March 10, 2022, Bryan Grogan, P.E., submitted a revised Landscape
Plan for review; and
Southold Town Planning Board Public Meeting —June 5, 2023 — Page 7
WHEREAS, on April 5, 2022, the Southold Town Planning Board, pursuant to Southold
Town Code §280-131 C., distributed the application to the required agencies for their
comments; and
WHEREAS, on April 7, 2022, Southold Town Code Enforcement submitted
correspondence that there were no open violations regarding the subject parcel; and
WHEREAS, on April 11, 2022 the Planning Board held a public hearing for the
proposed action and determined to hold the hearing open until April 25, 2021 for written
comments; and
WHEREAS, on April 19, 2022, David N. Altman, Esq., authorized agent, submitted
correspondence and supporting exhibits on the behalf of the applicant regarding
comments raised at the Public Hearing; and
WHEREAS, on April 25, 2022, the written comment period was closed; and
WHEREAS, on April 26, 2022, the Southold Town Fire Marshal determined certain
revisions were required to provide adequate fire protection and emergency access for
the site; and
WHEREAS, on May 3, 2022, the Architectural Review Committee (ARC) provided
comments to be incorporated into the proposed site design and layout by the Planning
Board; and
WHEREAS, on May 17, 2022 the Suffolk County Planning Commission (SCPC)
provided comments and guidance regarding the proposed action; and
WHEREAS, on May 19, 2022, the Southold Town Engineer reviewed the proposed
application and determined revisions were required in order for the site plan to meet the
minimum requirements of Chapter 236 for Storm Water Management; and
WHEREAS, on June 1, 2022, 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, 2022, the Southold Fire District determined certain revisions
were required to provide adequate fire protection for the site, consistent with the
Southold Town Fire Marshal; and
WHEREAS, at a Work Session on June 22, 2022, the Planning Board reviewed the
proposed application and required revisions to the Site Plan and additional information
necessary, for the Site Plan to comply with various applicable sections of the Town
Code as detailed in the Work Session Staff Report; and
WHEREAS, on July 8, 2022, the Southold Town Engineer verified that no NY State
outfalls would be impacted by the proposed action and therefore, no SPDES
construction permit is required; and
Southold Town Planninq Board Public Meeting —June 5, 2023 — Page 8
WHEREAS, on July 11, 2022, the New York State Department of Transportation
(NYSDOT) provided comments to the applicant specifying the information and plans
required to complete the application for Case #97500 for a Highway Work Permit; and
WHEREAS, on August 8, 2022, Nelson & Pope, authorized Technical Consultant to the
Planning Board, provided correspondence to the Planning Board in response to
comments received during the Public Hearing; and
WHEREAS, on September 12, 2022, after careful consideration, the Southold Town
Planning Board, as an involved agency for the action, adopted the Statement of
Findings adopted by the ZBA on October 7, 2021, for the proposed Enclaves Hotel and
Restaurant Application, pursuant to Article 8 of the Environmental Conservation Law
(State Environmental Quality Review Act) and the implementing regulations of 6
NYCRR Part 617; and
WHEREAS, on November 29, 2022, Bryan Grogan, P.E., submitted revised plans as
required for review; and
WHEREAS, on December 1, 2022, the Planning Board referred the revised site plan to
the Office of the Town Engineer for review; and
WHEREAS, on December 1, 2022, the Planning Board sent a request for Use
Certification to the Chief Zoning Administrator pursuant to §280-131(F)(1); and
WHEREAS, on December 5, 2022, the Planning Board reviewed the revised site plan at
their work session and determined revisions and additional information were required;
and
WHEREAS, on December 15, 2022, the Southold Town Engineer reviewed the
proposed application and determined that revisions were required in order for the site
plan to meet the minimum requirements of Chapter 236 for Storm Water Management;
and
WHEREAS, on December 19, 2022, the Planning Board reviewed the revised site plan
at their work session and determined revisions and additional information were required;
and
WHEREAS, on December 21, 2022, Andrew Giambertone, authorized agent, submitted
revised Elevations and Renderings as required for review; and
WHEREAS, on January 9, 2023, Bryan Grogan, P.E., submitted revised plans as
required for review; and
WHEREAS, on January 13, 2023, the Planning Board referred the revised site plan to
the Office of the Town Engineer for review; and
Southold Town Planning Board Public Meeting —June 5, 2023 — Page 9
WHEREAS, on January 13, 2023, the Planning Board referred the revised site plan to
the Chief Zoning Administrator and Fire Marshal for review; and
WHEREAS, on January 24, 2023, the Southold Town Engineer reviewed the proposed
application and determined that the site plan prepared by Bryan A. Grogan, P.E., dated
August 23, 2016 and last revised December 21, 2022, met the minimum requirements
of Chapter 236 for Storm Water Management; and
WHEREAS, on February 2, 2023, the Southold Town Chief Zoning Administrator
reviewed and certified the proposed Hotel & Restaurant as a use permitted by Special
Exception #7046SE in the Hamlet Business Zoning District; and
WHEREAS, on March 2, 2023, Andrew Giambertone, authorized agent, submitted
revised site plans for review by the Fire Marshal; and
WHEREAS, at a Work Session on March 13, 2023, the Planning Board reviewed the
proposed application and required the applicant to provide a Draft Performance
Guaranty (Bond) pursuant to §280-131(K), provide a completed waste water permit
from the Suffolk County Department of Health Services (SCDHS) and a Highway Work
Permit from the NYSDOT as required; and
WHEREAS, on April 27, 2023, Andrew Giambertone, authorized agent, submitted a
Draft Bond Estimate for review as required; and
WHEREAS, on May 24, 2023, Andrew Giambertone, authorized agent, submitted a
revised Draft Bond Estimate that included line items and unit price for review as
required; and
WHEREAS, on May 31, 2023, the Southold Town Fire Marshal reviewed the proposed
site plan and determined the plan to be consistent with emergency access and safety
protocol requirements; and
WHEREAS on June 1, 2023, the Southold Town Engineer reviewed and confirmed the
Performance Guaranty Bond Estimate; and
WHEREAS, at their work session on June 5, 2023, the Planning Board reviewed and
accepted the Town Engineer's estimate in the amount of$310,336.30; and
WHEREAS, on June 5, 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; therefore be it
RESOLVED, that the Southold Town Planning Board hereby accepts the Bond Estimate
in the amount of$310,336.30, and recommends same to the Town Board;
Martin Sidor: Second.
Southold Town Planning Board Public Meeting —June 5, 2023 — Page 10
Chairman Wilcenski: Motion made by Jim, seconded by Martin. Any discussion? All in
favor?
Ayes.
Opposed?
None.
Motion carries.
James H. Rich III: And be it further
RESOLVED, that the Southold Town Planning Board hereby finds the application
consistent with the Local Waterfront Revitalization Program;
Martin Sidor: Second.
Chairman Wilcenski: Motion made by Jim, seconded by Martin. Any discussion? All in
favor?
Ayes.
Opposed?
None.
Motion carries.
James H. Rich III: And be it further
RESOLVED, that the Southold Town Planning Board hereby grants Conditional
Approval regarding the Site Plan entitled "The Enclaves" prepared by Bryan Andrew
Grogan, P.E. dated August 23, 2016 and last revised December 21, 2022, with the
following conditions:
Conditions:
1. 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 to this office.
Conditions Continued:
2. Obtain approval from the Suffolk County Department of Health Services (SCDHS)
and provide one (1) print of the approved plan including the seal, stamp and
signature of the SCDHS to this office.
Southold Town Planning Board Public Meeting —June 5, 2023 — Page 11
3. Submit the required Performance Guaranty (aka Bond) after the Town Board has
approved the bond estimate.
4. Submit the Administration Fee of 6% of the approved bond estimate.
5. Submit at least five (5) paper copies of the Final Site Plan, Floor Plans and Building
Elevations including the stamp, seal and signature of the NYS Licensed Professional
preparing the plans.
Martin Sidor: Second.
Chairman Wilcenski: Motion made by Jim, seconded by Martin. Any discussion? All in
favor?
Ayes.
Opposed?
None.
Motion carries.
DETERMINATIONS:
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; 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
Martin Sidor:
WHEREAS, this agricultural site plan is for the proposed construction of an 8,064 sq. ft.
building for the keeping, breeding, and raising 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, Cutchogue; and
WHEREAS, on April 28, 2022, Patricia Moore, authorized agent, submitted a Site Plan
Application for review; and
WHEREAS, Planning staff found that the application was incomplete as noted in the
letter dated June 23, 2022; and
Southold Town Planning Board Public Meeting — June 5, 2023 — Page 12
WHEREAS, on June 28, 2022, Patricia Moore, authorized agent, submitted a request to
the Planning Board to install fencing for the two large rear paddocks while the site plan
review was underway; and
WHEREAS, on July 11, 2022, the Planning Board, approved the installation of fencing
for the two large rear paddocks; and
WHEREAS, on August 10, 2022, Patricia Moore, authorized agent, submitted corrected
plans for review; and
WHEREAS, Planning staff found there was insufficient information, excessive lighting,
and legibility issues with the submission of August 10th; and
WHEREAS, on September 29, 2022, Patricia Moore, authorized agent, submitted
corrected plans for review; and
WHEREAS, Planning staff found there was continued excessive lighting and
unaddressed issues with the submission of September 29th, as noted in the letter dated
October 27, 2022; and
WHEREAS, on.December 1, 2022, Patricia Moore, authorized agent, submitted revised
plans for review; and
WHEREAS, on December 19, 2022, at their work session, the Southold Town Planning
Board formally accepted the application as complete for review; and
WHEREAS, on December 22, 2022, the Planning Board, pursuant to Southold Town
Code §280-131(C), distributed the application to the required agencies for their
comments; and
WHEREAS, on December 23, 2022, the Southold Town Code Enforcement officer
verified that there were no open violations on the subject parcel; and
WHEREAS, on December 29, 2022 the Southold Town Land Preservation Committee
determined the recorded easement for the property allows land within the Easement to
be used for agricultural production as defined in Chapter 70 of the Southold Town Code,
and found that the proposed use and improvements is consistent-with the purposes and
'other terms and conditions of the recorded Easement; and
WHEREAS, on January 10, 2023, the Public Hearing was set for February 6, 2023; and
WHEREAS, on January 10, 2023, the Southold Town Planning Board, pursuant to State
Environmental Quality Review Act (SEQRA) 6 NYCRR, Part 617.5 (c), determined that
the proposed action is a Type II Action as it falls within the following description for 6
NYCRR, Part 617.5(c)(4),which states that the following actions are not subject to
review under this Part: "agricultural farm management practices, including construction,
maintenance and repair of farm buildings and structures, and land use changes
consistent with generally accepted principles of farming"; and
Southold Town Planning Board Public Meeting —June 5, 2023 — Page 13
WHEREAS, On January 12, 2023, the Town of Southold Architectural Review
Committee submitted comments/recommendations for consideration and stated there
were no objections to the proposed site plan; and
WHEREAS, on January 17, 2023, the Town of Southold Local Waterfront Revitalization
Program Coordinator reviewed the proposed project and determined it to be consistent
with the LWRP; and
WHEREAS, on February 6, 2023, the Public Hearing was held open due to issues
notifying the adjacent property owners; and
WHEREAS, on February 15, 2023, the Suffolk County Planning Commission reviewed
the proposed project and determined it to be a matter for local determination as there
appears to be no significant county-wide or inter-community impacts; and
WHEREAS, on February 22, 2023, the Suffolk County Water Authority reviewed the
proposed project and stated there were no objections; and
WHEREAS, on March 13, 2023, the Public Hearing was held and closed; and
WHEREAS, on March 16, 2023, the Southold Town Engineer reviewed the proposed
application and determined revisions were required in order for the site plan to meet the
minimum requirements of Chapter 236 for Storm Water Management; and
WHEREAS, on March 20, 2023, the Cutchogue Fire District determined that there was
adequate fire protection for the site; and
WHEREAS, on March 29, 2023, the Southold Town Fire Marshall reviewed and
determined that there was adequate fire protection, emergency egress, and emergency
access to the site; and
WHEREAS, on April 10, 2023, the Southold Town Planning Board reviewed the
proposed application and determined at their work session that revised plans be
submitted as required regarding stormwater management and site plan review; and
WHEREAS, on April 24, 2023, Patricia Moore, Authorized Agent, submitted revised site
plans as required for Chapter 236 stormwater management; and
WHEREAS, on May 18, 2023, Lucas Lai, Designer, submitted revised Lighting plans as
required for site plan review; and
WHEREAS, on May 31, 2023, the Southold Town Chief Building Inspector reviewed
and certified the proposed use as a permitted use in the Agricultural Conservation (AC)
Zoning District; and
Southold Town Planninq Board Public Meeting —June 5, 2023 — Page 14
WHEREAS, on June 1, 2023, the Southold Town Engineer reviewed the proposed
application and determined the site plan met the minimum requirements of Chapter 236
for Storm Water Management; and
WHEREAS, on June 5, 2023, the Southold Town Planning Board reviewed the revised
plans; and
WHEREAS, on June 5, 2023, the Southold Town Planning Board determined that all
applicable requirements of the Site Plan Regulations, Article XXIV, §280 — Site Plan
Approval of the Town of Southold, have been met; therefore be it
RESOLVED, that the Southold Town Planning Board has determined 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.
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 "Arrow Farm", prepared by All Things
Dirt, dated July 28, 2022, and last revised April 23, 2023, and authorizes the Chairman
to endorse the plans listed below:
Sheet Title Date Person/Agency
Sheet Z-1 Zoning Location Dated: 7/28/2022 All Things Dirt (FG)
Ma Received: 12/1/2022)
Sheet Z-2 Proposed Site Plan Dated: 7/28/2022 All Things Dirt (FG)
Received: 12/1/2022)
Sheet Z-4 Proposed Signage Dated: 7/28/2022 All Things Dirt (FG)
Received: 12/1/2022)
Sheet S-1 Grading and Dated: 4/21/2023 James Deerkoski, PE
Drainage
Sheet S-3 Drainage Dated: 4/21/2023 James Deerkoski, PE
Southold Town Planning Board Public Meeting —June 5, 2023 — Page 15
Calculations
Sheet S-4 Sanitary Dated: 4/21/2023 James Deerkoski, PE
Calculations
Exterior Lighting Dated: 4/23/23 Shine Design + Distribution
Exterior Lighting Detail Dated: 4/23/23 Shine Design + Distribution
Photometrics — Full Site 10 x Dated: 4/23/23 Shine Design + Distribution
10 Foot Candle Grid
Photometrics — Detail 10 x 10 Dated: 4/23/23 Shine Design + Distribution
Foot Candle Grid
Renderings Dated: 4/23/23 Shine Design + Distribution
Exterior Lighting Cutsheets Dated: 4/23/23 Shine Design + Distribution
Conditions:
1) The proposed buildings are designed and approved as an agricultural site plan
for the year-round keeping, breeding, and raising of horses.
2) The proposed buildings are for owner use only and shall not be open to the
public.
3) Overnight use of the property by the owner or their employee or veterinarian is
only permitted on a temporary basis as needed for purposes of tending to the
horses during foaling or illness.
4) Proposed storm water run-off containment systems must be constructed as
noted below:
• The location of the pair of 8' diameter x 8' deep leaching pools
to be installed in the gravel driveway in proximity to each curb
cut must be changed so that the pools are installed to either
side of the driveway in the ditch shown on the Gravel Driveway
Detail. Each pool is to be equipped with an open grate and
each pair of pools is to be piped together.
5) Proposed storm water run-off containment systems must be inspected
by the Town Engineer at the time of installation. Please call the
Southold Town Engineer prior to beginning this work. Drainage
systems must remain exposed until they are inspected and approved
by the Town Engineer.
6) All exterior lighting on the property shall comply with the provisions of
Chapter 172 of the Town Code and the lighting plan of the approved
site plan. Any future exterior light fixtures not shown on the approved
Southold Town Planninq Board Public Meetinq —June 5, 2023 — Page 16
site plan must be reviewed for compliance and approved by the
Planning Board prior to installation.
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: Flowers & Flores Agricultural Building —This agricultural site
plan application is for the proposed construction of a 3,125 sq. ft. agricultural storage
building and 4 hoop houses, on a 5-acre parcel in the AC Zoning District. The property
is located at 48455 County Road 48, Southold. SCTM#1000-55-2-103 & 10.4
Mia Jealous-Dank:
WHEREAS, this agricultural site plan is for the proposed construction of a 3,125 sq. ft.
agricultural storage building and 4 hoop houses, on a 5-acre parcel in the AC Zoning
District, Southold; and
WHEREAS, on April 14, 2023, Kevin Perry, Applicant's Agent, submitted a Site Plan
Application for review; and
WHEREAS, on April 24, 2023, the Southold Town Planning Board formally accepted the
agricultural application as complete for review; and
WHEREAS, the Southold Town Planning Board, pursuant to §280-133 C of the
Southold Town Code, has the discretion to waive any or all of the requirements in §280-
133 for those applications involving uses strictly related to agriculture as long as they
are not necessary to further the objectives set forth in Town Code §280-129 to maintain
public health, safety, and welfare; and
WHEREAS, pursuant to Southold Town Code §280-133(C) and as detailed in work
session staff report on April 24, 2023, the Southold Town Planning Board agreed to
waive certain application requirements of§ 280-133 for this application which involves
uses strictly related to agriculture; and
WHEREAS, the Southold Town Planning Board, pursuant to Southold Town Code
§280-131 B (5), has the discretion to vary or waive the parking requirements for Site
Southold Town Planning Board Public Meeting —June 5, 2023 — Page 17
Plan Applications where doing so would not have a detrimental effect on the public
health, safety or general welfare, and will not have the effect of nullifying the intent and
provision of the Site Plan Requirements chapter of the Town Code; and
WHEREAS, the Planning Board has found that this application is eligible for a waiver of
parking requirements because there is no need to provide for parking as the application
is for an agricultural use, and the parcel is large in size relative to the proposed
structure; and
WHEREAS, on April 24, 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 application which involves uses strictly related to agriculture; and
WHEREAS, on April 24, 2023, the Southold Town Planning Board, pursuant to State
Environmental Quality Review Act (SEQRA) 6 NYCRR, Part 617.5 (c), determined that
the proposed action is a Type II Action as it falls within the following description for 6
NYCRR, Part 617.5(c)(4),which states that the following actions are not subject to
review under this Part: "agricultural farm management practices, including construction,
maintenance and repair of farm buildings and structures, and land use changes
consistent with generally accepted principles of farming"; and
WHEREAS, on May 4, 2023, the Planning Board, pursuant to Southold Town Code
§280-131(C), distributed the application to the required agencies for their comments;
and
WHEREAS, on May 8, 2023, the Southold Town Code Enforcement officer verified that
there were no open violations on the subject parcel; and
WHEREAS, on May 24, 2023, the Southold Town Fire Marshall stated there were no
objections to the proposed site plan; and
WHEREAS, on May 31, 2023, the Southold Town Chief Building Inspector reviewed
and certified the proposed use as a permitted use in the Agricultural Conservation (AC)
Zoning District; and
WHEREAS, on June 5, 2023, the Southold Town Planning Board determined that all
applicable requirements of the Site Plan Regulations, Article XXIV, §280 — Site Plan
Approval of the Town of Southold, have been met; therefore be it
RESOLVED, that the Southold Town Planning Board has determined that this proposed
action is a Type II Action under SEQRA as described above;
Pierce Rafferty: Second.
Chairman Wilcenski: Motion made by Mia, seconded by Pierce. Any discussion? All in
favor?
Ayes.
Southold Town Planning Board Public Meeting —June 5, 2023 — Page 18
Opposed?
None.
Motion carries.
Mia Jealous-Dank: And be it further
RESOLVED, that the Southold Town Planning Board hereby waives the requirement for
a public hearing and certain Site Plan Application requirements as noted above;
Pierce Rafferty: Second.
Chairman Wilcenski: 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 parking
requirements as noted above;
Pierce Rafferty: Second.
Chairman Wilcenski: Motion made by Mia, seconded by Pierce. Any discussion? All in
favor?
Ayes.
Opposed?
None.
Motion carries.
Southold Town Planning Board Public Meeting —June 5, 2023 — Page 19
Mia Jealous-Dank: And be it further
RESOLVED, that the Southold Town Planning Board hereby grants Approval with
Conditions, listed below, of the site plan of property for Flowers & Flores Farm LLC
prepared by Joseph Fischetti JP, Licensed Professional Engineer, dated April 12, 2023,
and authorizes the Chairman to endorse the plans listed below:
A.0 Cover Sheet
A.1 Site Plan
A.2 Building Plans
A.3 Building Section and Roof Plan
A.4 Building Elevations
A.5 Compliance Notes
Conditions:
All exterior lighting on the property shall comply with the provisions of Chapter 172 of
the Town Code and the lighting plan 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.
Pierce Rafferty: Second.
Chairman Wilcenski: Motion made by Mia, seconded by Pierce. Any discussion? All in
favor?
Ayes.
Opposed?
None.
Motion carries.
STATE ENVIRONMENTAL QUALITY REVIEW ACT Determination:
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 CR 48, Southold. SCTM#1000-55-5-
9.1
Pierce Rafferty:
WHEREAS, this site plan is for the proposed construction of a 2-story 9,652 gross sq. ft.
marine sales, service, and storage facility (after demolition of an existing structure) on a
Southold Town Planning Board Public Meeting —June 5, 2023 — Page 20
37,123 sq. ft. parcel fronting County Route 48 in the General Business "B" Zoning
District, Southold; and
WHEREAS, on December 19, 2022, the Southold Town Planning Board, pursuant to
State Environmental Quality Review Act (SEQRA) 6 NYCRR, Part 617, determined that
the proposed action was 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 a coordinated review of this Unlisted Action
pursuant to 6 NYCRR Part 617, Section 617.7 of the State Environmental Quality
Review Act; be it therefore
RESOLVED, that the Southold Town Planning Board hereby declares Lead Agency
status for the SEQRA review of this Unlisted Action;
James H. Rich III: Second.
Chairman Wilcenski: Motion made by Pierce, seconded by Jim. Any discussion? All in
favor?
Ayes.
Opposed?
None.
Motion carries.
Pierce Rafferty: And be it further
RESOLVED, that the Southold Town Planning Board, as Lead Agency pursuant to
SEQRA, hereby makes a determination of non-significance for the proposed action and
grants a Negative Declaration.
James H. Rich III: Second.
Chairman Wilcenski: Motion made by Pierce, seconded by Jim. Any discussion? All in
favor?
Ayes.
Opposed?
None.
Motion carries.
Southold Town Planning Board Public Meeting — June 5, 2023 — Page 21
SUBDIVISIONS .
CONDITIONAL PRELIMINARY PLAT DETERMINATION:
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
1 = 9.33 acres including a 1.35 acre building envelope and 7.98 acres of preserved
Open Space, Lot 2 = 0.99 acres, Lot 3 = 1.14 acres, Lot 4 = 0.92 and Lot 5 = 0.92 acres
in the R-80 Zoning District. The property is located at 2595 Orchard Street, on the
northeast side of Orchard Street, approximately 17' northwest of Platt Road, in Orient.
SCTM#1000-27-1-3
James H. Rich III: Mr. Chairman, I offer the following:
WHEREAS, this proposal is for a Clustered Standard Subdivision to subdivide a 13.3-
acre parcel into five lots where Lot 1 = 9.33 acres including a 1.35 acre building
envelope and 7.98 acres of preserved Open Space, Lot 2 = 0.99 acres, Lot 3 = 1.14
acres, Lot 4 = 0.92 and Lot 5 = 0.92 acres in the R-80 Zoning District; and
WHEREAS, on March 13, 2014 the Southold Town Planning Board granted Conditional
Sketch Plan Approval; and
WHEREAS, on December 9, 2014 the applicant submitted a Preliminary Plat
application; and
WHEREAS, on March 10, 2015, public meeting, the Planning Board classified the
action as Unlisted pursuant to SEQR and set a public hearing on the map entitled
"Preliminary Plat for the Clustered Subdivision of the Orchards dated June 15, 2013 and
last revised January 21, 2015, and
WHEREAS on March 11, 2015 the Suffolk County Planning Commission responded
that they considered the application to be a matter for local determination; and
WHEREAS, the Planning Board, as Lead Agency, performed a coordinated review of
this Unlisted Action pursuant to 6 NYCRR Part 617, Section 617.7 of the State
Environmental Quality Review Act (SEQRA); and
WHEREAS on July 6, 2015 the Planning Board declared Lead Agency status and that
Type I procedures would be used for the review of this Unlisted Action due to the Lead
Agency determination that there are potential adverse impacts regarding a sensitive
resource within its jurisdiction and the Type I procedures would be more helpful; and
WHEREAS on July 6, 2015 that the Southold Town Planning Board, pursuant to State
Environmental Quality Review Act (SEQRA) 6 NYCRR, Part 617, took lead agency for
the action and made a determination of significance for the proposed action and granted
a Positive Declaration; and
Southold Town Planning Board Public Meeting —June 5, 2023 — Page 22
WHEREAS, on July 13, 2015 the Orient Fire District approved the location of the Fire
Well on the plat; and
WHEREAS, on August 24, 2020 a Draft Environmental Impact Statement was
submitted; and
WHEREAS, on October 5, 2020, the Planning Board found that the Draft Environmental
Impact Statement adequate for public review and comment;
WHEREAS, the Planning Board held a public hearing on the Draft Environmental
Impact Statement and the subdivision application on December 7, 2020 and held it
open until January 11, 2021; and
WHEREAS, on February 4, 2022, the applicant submitted a Final Impact Statement for
the action; and
WHEREAS, the Planning Board reviewed and revised the Final Environmental Impact
Statement; and
WHEREAS, on September 12, 2022, the Planning Board accepted and adopted the
Final Environmental Impact Statement for the action; and
WHEREAS; on January 9, 2023, the Planning Board adopted the Findings Statement
for the action; and
WHEREAS, at their work session on February 6, 2023, the Planning Board reviewed
the Preliminary Plat application for required revisions and found that the application was
ready for a conditional determination;
WHEREAS, the Planning Board reviewed the Preliminary Plat application and found
that it is in compliance with the requirements of§240 Subdivision of land, of the Town
Code; therefore, be it
RESOLVED, that the Southold Town Planning Board has determined that this proposed
action is consistent with the policies of the Town of Southold LWRP;
Martin Sidor: Second.
Chairman Wilcenski: Motion made by Jim, seconded by Martin. Any discussion? All in
favor?
Ayes.
Opposed?
None.
Southold Town Planning Board Public Meeting —June 5, 2023 — Page 23
Motion carries.
James H. Rich III: And be it further
RESOLVED, that the Southold Town Planning Board hereby grants Conditional
Preliminary Plat Approval upon the map entitled "Preliminary Plat for the Clustered
Standard Subdivision of the Orchards" dated June 15, 2013 and last revised January
21, 2015 prepared by John C. Ehlers, Licensed Land Surveyor subject to the following
conditions:
Required changes to the Plat as follows:
1. Consolidate the Agricultural Barn area with the Building Area on Lot 1 to form a
continuous reserve area that further meets the purpose of Chapter 240.
Clustered Open Space and Southold Town Comprehensive Plan.
2. Change the incorrect road name from Platt Road to Halyoake Road.
3. Redesign the access to lots 2, 3, 4, and 5, showing a 25' wide right of way that
meets all applicable Town Code and Fire Code.
4. The western boundaries of Lots 2 and 4 must be aligned to remove the "jog" in
the eastern farmland boundary to improve the usefulness of the property for
future farming.
5. Delete the proposed,setbacks and building envelopes and replace them with the
following setback relief shown in Table 2:
Required Setbacks
Front Yard 1 Front Yard 2 Side Yard Rear.Yard
Lot 2 25 - 50 and 20 50
Lot 3 25 - 20 and 20 50
Lot 4 25 50 20 50
Lot 5 25 50 25 20
6. Show 50' Natural Vegetated Buffers as defined in the Southold Town Code along
the lot boundaries to the satisfaction of the Planning Board.
Natural Vegetated Buffer:
"A land area of a certain length and width where existing vegetation occurs prior
to the commencement of any grading or clearing activity. Vegetation shall be
maintained to achieve a minimum percentage of ground cover of 95%. To
achieve the percentage of ground cover, indigenous, drought-tolerant vegetation
shall be planted. Survival of planted vegetation shall be 90% for a period of three
years. Maintenance activities within the buffer are limited to removing vegetation
which is hazardous to life and property, trimming tree limbs up to a height of 15
feet to maintain viewsheds, replanting of vegetation and establishing a four-foot-
wide access path constructed of pervious material for access to the water-body."
Southold Town Planning Board Public Meeting —June 5, 2023 — Page 24
7. The permissible limit of clearing on lots is shown in the table below. Note that the
percentages may change. Calculate the clearing limit amount in square feet for
Lots 1 through 5. The Natural Vegetated Buffers on lots 4 and 5 will be included
in the areas that will not be cleared. These clearing limits will be included in the
covenants.
Limits of Clearing Percent
Lot 1 35 -
Lot
5 -Lot 2 50
Lot 3 50
Lot 4 . 50
Lot 5 50
8. Draft Road and Drainage Plan
Submit six copies of an amended Road & Drainage Plan that reflect the current
design and satisfy the requirements mandated through §240-21 Technical
requirements, including but not limited to the following:
a. Title the plan 'Final Road and Drainage Plan for the Final Plat of Clustered
Subdivision of The Orchards';
b. Verify the correct location of the fire well;
c. The road design, specifications, and drainage shown on the final plans
must meet the approval of the Southold Town Fire Marshall and Southold
Town Engineer;
d. Provide test hole locations and data;
e. Provide a name for the proposed road;
f. Show locations of property monuments delineating each lot and the right
of way. Additionally, show locations where stakes are to be installed at the
landward limit of buffers before clearing;
g. An electric fire well shall be shown and installed at the entrance of
Orchard street and the subdivision access road to the satisfaction of the
Orient Fire District;
h. Calculate and show the number of street trees required by Town Code
located 40' on center. Provide the species and planting.details on the road
and drainage plan. Note that street trees cannot be located within the right
of way and must be shown on each lot.
9. Submit two copies of a draft cost estimate of public improvements required under
Articles IX, Bonds and Other Security and X, Required Public Improvements,
Inspections, Fees. This cost estimate will be required to be submitted during the
Final Plat application review.
10.Prepare and submit for review a Stormwater Pollution Prevention Plan (SWPPP)
that meets all of the requirements of Part III of the New York State Department of
Environmental Conservation SPDES General Permit for Stormwater Discharges
from Construction Activity, Permit No. GP-0-15-002. Town Engineering will
review this plan for compliance with Chapter 236, however, the Town will not be ,,
Southold Town Planning Board_Public Meeting —June 5, 2023 — Page 25
taking jurisdiction of the SPDES permit as the runoff will not enter the Town's
stormwater management system prior to discharge. Upon approval of the
stormwater design as compliant with Chapter 236, the applicant will be provided
with a letter signed by the Town Supervisor stating that the DEC will have direct
oversight of the SPDES permit and the SWPPP for this project.
11.Subject to a finding by the Planning Board, a Park & Playground fee may be
required to be paid prior to Final Plat Approval.
12.An Administration Fee in the amount of$8,000 (4 x $2,000.00) or 6% of the
performance guaranty, whichever is greater, pursuant to Southold Town Code
§240-37 Administration fee will be required to be submitted prior to Final Plat
approval.
13.The use of an innovative/alternative wastewater treatment system (I/A OWTS),
as permitted under Suffolk County Department of Health Services' Article 19, or
proven technology that accomplishes the goal of reducing or removing pollutants
from wastewater effluent as well as, or better than the I/A OWTS systems
referenced above, is required for all lots shown on the Subdivision Map.
14.The maximum house size shall comply with Chapter 280 Zoning of the Southold
Town Code. The zoning code was amended by the Town Board by local law on
October 18, 2022 (L.L. No. 10-2022). The purpose of the code amendment is to
preserve the unique scenic qualities of the area from public vantage points and
character by limiting the maximum size of houses. Due to its adoption after the
Final Environmental Impact Statement, this Local Law was not previously
contemplated in the SEAR process or assessment for this proposed action.
15.The following to minimize saltwater intrusion to well heads over time is
necessary.
a. Water supply wells shall be spaced evenly as possible to minimize
saltwater intrusion.
b. Installing low-flow wells with a maximum 10 gallons per minute (GPM)
flow rate. This will help prevent the upcoming of salt water to the water
supply well over time in relation to impacts from sea level rise (future
conditions).
c. Total long-term permanent irrigation of each lot will be limited to 15%
of the lot area not improved with structures.
16.Four clustered homes must be placed on the easterly side of the Subject
- Property. This is consistent with maximizing the open viewshed of the area by
placing the two farmlands contiguous with each other.
17.Covenants and Restrictions will be required to be drafted to the satisfaction of the
Planning Board, and filed prior to Final Plat Approval. A draft will be provided by
the Planning Department and will include the ongoing conditions identified above,
and the following:
Southold Town Planning Board Public Meeting —June 5, 2023 — Page 26
a. Landscape requirements: The following Best Management Practices for
fertilization, herbicides and pesticides on each residential lot are also required
to reduce the introduction of nutrients and synthetic herbicides and pesticides
capable of entering the groundwater.
1) Only apply organic fertilizers where the water-soluble nitrogen is no
more than 20% of the total nitrogen in the mixture;
2) Maximum of 1 pound of nitrogen per 1000 square feet in any one
application, with a cumulative application of no more than 2 pounds per
1000 square feet per year;
3) Phosphorus-containing lawn fertilizer is prohibited unless establishing
a new lawn or soil test shows that the lawn does not have enough
phosphorus. The phosphorous level must be 0.67 or lower unless a
soil test indicates it's needed;
4) Synthetic herbicides and pesticides are prohibited;
5) The use of Agricultural Environmental Management (AEM) practices
are encouraged for agricultural operations.
b. Crops requiring minimal water use (irrigation) from the sole source aquifer are
encouraged to preserve the sustainability of the potable water supply.
c. The use of low-flow plumbing fixtures is required.
d. Natural Vegetated Buffers and clearing limits are required and will be applied
to reduce turf and associated irrigation and fertilization over the sole source
aquifer. Supplemental plantings with native, drought-tolerant species are
permitted.
e. Plants used in landscaping shall be native and drought-tolerant.
f. Street trees shall be required.
g. The four clustered homes shall be designed to tolerate sea level rise and
flooding events overtime.
h. Irrigation controls:
1) The following is required to reduce residential irrigation in areas not
connected to public water;
2) Lawn areas shall be minimized; will be seeded with improved turf
species with deeper root systems and greater drought tolerance, thus
requiring less irrigation than conventional turf species;
3) Total long-term permanent irrigation of each lot will be limited to 15%
of the lot area not improved with structures;
4) Soil moisture sensors will be used with irrigation systems, to water only
when necessary, during times of low soil moisture;
5) The use of drip irrigation systems is recommended. Rain barrels are
encouraged.
i. To minimize the loss of Eastern Box Turtles on the parcel, the box turtle
protocol adopted by the Planning Board and on file with the Planning
Department must be followed before any clearing.
Southold Town Planning Board Public Meeting —June 5, 2023 — Page 27
18.Submission of a complete Final Plat Application meeting all the requirements of
Section 240-20 of the Southold Town Code, and meeting all the conditions above
Martin Sidor: Second.
Chairman Wilcenski: Motion made by Jim, seconded by Martin. Any discussion? All in
favor?
Ayes.
Opposed?
None.
Motion carries.
CONDITIONAL FINAL PLAT APPROVAL EXTENSIONS:
Chairman Wilcenski: Liebert Standard Subdivision —This proposal is for the
standard subdivision of a 2.43-acre parcel into two lots, where Lot 1 equals 54,134 sq.
ft. and Lot 2 equals 54,134 sq. ft. in the R-40 Zoning District. This parcel is located at
6510 Horton Lane (+/- 100' southeast of the intersection of Jennings Road and Hortons
Lane), Southold. SCTM#1000- 54.-3-14.8
Martin Sidor:
WHEREAS, this proposal is for the standard subdivision of a 2.43-acre vacant lot into
two lots, where Lot 1 equals 54,134 sq. ft. and Lot 2 equals 54,134 sq. ft. in the R-40
Zoning District; and
WHEREAS, on April 5, 2021, the Planning Board granted Conditional Final Plat
Approval; and
WHEREAS, the Conditional Final Plat Approval expired on October 5, 2021; and
WHEREAS, on Monday, October 4, 2021, the Planning Board granted an extension to
the Conditional Final Plat Approval for six months; and
WHEREAS, the Conditional Final Plat Approval Extension expired on April 5, 2022; and
WHEREAS, on Monday, May 23, 2022, the Planning Board granted an extension to the
Conditional Final Plat Approval for one year, from April 5, 2022 to April 5, 2023; and
WHEREAS, the applicant's agent has submitted a request for an extension to allow for
more time to obtain approval from the Suffolk County Department of Health Services;
therefore be it
Southold Town Planning Board Public Meeting —June 5, 2023 — Page 28
RESOLVED, that the Southold Town Planning Board hereby extends the Conditional
Final Plat Approval upon the map entitled, "Liebert Standard Subdivision Final Plat"
prepared by John Metzger, Land Surveyor, dated September 2, 1993, last revised May
26, 2020, from April 5, 2023 to April 5, 2024.
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: Walsh Park Standard Subdivision —This proposal is for a
Standard Subdivision of a 3.82-acre parcel into three lots, where Lot 1 is 0.59 acres and
contains two residential dwellings and a sewer easement, Lot 2 is 2.16 acres and
contains a sewer and water easement and Lot 3 is 1.08 acres and contains two
residential dwellings, a right of way and water easement. The property is located on the
southeast side of Winthrop Avenue, at the intersection of Equestrian Avenue on Fishers
Island, in the Hamlet Density Zoning District. SCTM# 1000-9-10-10
c
Mia Jealous-Dank:
WHEREAS, on November 9, 2022 the Southold Town Planning Board granted .
Conditional-Final Plat Approval upon the map entitled "Walsh Park Benevolent
Corporation Standard Subdivision Prepared for Walsh Park Benevolent Corp," prepared
by CHA, on December 3, 2021, and last revised on January 31, 2022; and
WHEREAS, the Conditional Final Plat Approval expired on May 9, 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 retroactively extends the
Conditional Final Plat Approval for an additional six months from May 9, 2023 to
November 9, 2023.
Pierce Rafferty: Second.
Southold Town Planning Board Public Meeting —June 5, 2023 — Page 29
Chairman Wilcenski: Motion made by Mia, seconded by Pierce. Any discussion? All in
favor?
Ayes.
Opposed?
None.
Motion carries.
CONDITIONAL FINAL PLAT DETERMINATION:
Chairman Wilcenski: 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
Pierce Rafferty:
WHEREAS, on October 5, 2022, the applicant submitted a Resubdivision application for
review by the Southold Town Planning Board; and
WHEREAS, this Resubdivision 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 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, on December 21, 2022, the application submitted a corrected map;
WHEREAS, on January 23, 2023 at their work session, the Planning Board determined
that the application was complete; and
WHEREAS, on February 6, 2023, the public hearing was held and closed; and
WHEREAS, this application is EXEMPT from review by the Local Waterfront
Revitalization Program as no new development potential will result from this
Resubdivision; 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 Planning Board Public Meeting —June 5, 2023 — Page 30
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, 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. The reasons for this
determination are that this Resubdivision does not convey any significant additional
development potential to either parcel, and the number of commercial- uses on each
parcel is not being increased, therefore the following provisions are being waived:
a. Sketch Plat Review;
b. Existing Resources Site Analysis Plan (ERSAP);
c. Yield Plan;
d. Primary & Secondary Conservation Area Plan;
e. Preliminary Plat Review; and
WHEREAS, on March 30, 2023, the application was referred to the Suffolk County
Planning Commission, Town Code Enforcement, and the Town Zoning Board of
Appeals; and
WHEREAS, on April 7, 2023, the Suffolk County Planning Commission responded that
the application is a matter for local determination; and
WHEREAS, on April 5, 2023, Town Code Enforcement responded that there were no
outstanding code enforcement issues on the subject properties; and
WHEREAS, pursuant to Town Code §240-41 concrete monuments to mark the property
boundaries are required; and
WHEREAS, on June 5, 2023, at their work session, the Planning Board found that this
application meets all the necessary requirements of Town Code Chapter 240 for a
Resubdivision; 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;
Southold Town Planninq Board Public Meetinq —June 5, 2023 — Page 31
e. Article VI: Preliminary Plat Review;
James H. Rich III: Second.
Chairman Wilcenski: Motion made by Pierce, seconded by Jim. Any discussion? All in
favor?
Ayes.
Opposed?
None.
Motion carries.
Pierce Rafferty: And be it further
RESOLVED, that the Southold Town Planning Board grants a Conditional Final Plat
Approval upon the map entitled "Resubdivision of 420 Paul's Lane LLC," prepared by
Nathan Taft Corwin III Land Surveyor, dated September 30, 2022, and last revised
December 14, 2022 with the following conditions:
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.
3. Install screening vegetation along the western property boundaries to the
satisfaction of the Planning Board.
4. Correct the map as follows:
a. Site Data Notation: Total Lot Area, change 23.439 ac. To 3.439 ac.
b. Add a table or add to an existing table the amount of each zoning district
in each parcel before the transfer.
5. Submit 12 paper copies and 5 mylars with the stamp of approval from the Suffolk
County Department of Health Services.
James H. Rich III: Second.
Chairman Wilcenski: Motion made by Pierce, seconded by Jim. Any discussion? All in
favor?
Ayes.
Southold Town Planning Board Public Meeting —June 5, 2023 — Page 32
Opposed?
None.
Motion carries.
FINAL PLAT DETERMINATIONS:
Chairman Wilcenski: 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
James H. Rich III:
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
WHEREAS, on September 12, 2022, the Planning Board granted Conditional Final Plat
Approval on the application; and
WHEREAS, on June 5, 2023, at their work session, the Planning Board reviewed the
application and the Planning staff report dated June 5, 2023, and found that all
conditions of the Conditional Final Plat Approval have been met; therefore be it
RESOLVED, that the Southold Town Planning Board hereby grants Final Plat
Approval upon the map entitled, "Final Plat Messina 80/60 Clustered Conservation
Subdivision", prepared by Nathan Taft Corwin III, Land Surveyor, dated as last revised
May 24, 2023, and authorizes the Chairman to endorse the maps.
Martin Sidor: Second.
Chairman Wilcenski: Motion made by Jim, seconded by Martin. Any discussion? All in
favor?
Ayes.
Opposed?
None.
Motion carries.
Southold Town Planning Board Public Meeting — June 5, 2023 — Page 33
Chairman Wilcenski: Jenkins Conservation Subdivision —This proposal is for a
Conservation Subdivision of a 17.89-acre parcel into two lots, where Lot 1 is 1.84 acres
and contains an existing house and accessory buildings, and Lot 2 is 16.05 acres and
contains a Town drainage easement of 0.28 acres and 15.77 acres of agricultural land.
The Town purchased development rights on 15.77 acres of Lot 2 in 2001, and
ownership of this property has not changed since that time. The property is located at
2800 Depot Lane, Cutchogue, in the AC Zoning District. SCTM#1000-102-2-2.6
Martin Sidor:
WHEREAS, this proposal is for a Conservation Subdivision of a 17.89-acre, parcel into
two lots, where Lot 1 is 1.84 acres and contains an existing house and accessory
buildings, and Lot 2 is 16.05 acres and contains a Town drainage easement of 0.28
acres. The Town purchased development rights on 15.77 acres of Lot 2 in 2001, and
ownership of this property has not changed since that time; and
WHEREAS at their work session on February 7, 2022 work session, pursuant to §240-
56 Waivers of certain provisions the Southold Planning Board agreed to waive the Final
Public Hearing on the Final Plat based upon the following reasons;
1. Lot 1 is improved with a single-family residence and barns;
2. Lot 2 is in active agriculture and protected from development. The Town of
Southold purchased development rights on the parcel;
3. No new development is proposed;
4. No modification to the existing curb cut to Lot 1 is proposed;
5. The lot line cannot be drawn any other way due to the sale of
development rights which created the development area proposed as Lot
1, and thus waiving the hearing will not affect the health, safety, and
welfare of Town residents; and
WHEREAS, on February 8, 2022, the Planning Board granted Conditional Final Plat
Approval; and
WHEREAS, the condition requiring filing Covenants and Restrictions with the Suffolk
County Clerk's Office is not required, and all others have been met; and
WHEREAS, on May 5, 2023, twelve paper copies and four Mylars of the Final Plat were
submitted with the stamp of approval from the Suffolk County Department of Health
Services; and
WHEREAS, all requirements of Chapter 240. Subdivision of Land Article VII have been
met; and
WHEREAS, that the Planning Board hereby waives the Final Plat public hearing
pursuant to §240-56 Waivers of certain provisions of the Southold Town Code as
described above; therefore, be it
Southold Town Planning Board Public Meeting —June 5, 2023 — Page 34
RESOLVED, that the Southold Town Planning Board hereby grants Final Plat
Approval upon the map entitled "Conservation Subdivision Final Plat for Jenkins at
Cutchogue" dated December 20, 2000, and last revised November 9, 2022.
Mia Jealous-Dank: Second.
Chairman Wilcenski: Motion made by Martin, seconded by Mia. Any discussion? All in
favor?
Ayes.
Opposed?
None.
Motion carries.
EXTENSION OF TIME TO RENDER A FINAL PLAT DETERMINATION:
Chairman Wilcenski Harold R. Reeve & Sons, Inc. —This proposal is for a Standard
Subdivision of a 5.1-acre split-zoned parcel into 4 lots where Lots 1-3 equal 1 acre each
in the R-40 Zoning District and Lot 4 equals 1.9 acres located in the LB Zoning District.
The property is located at 1605 Wickham Avenue, on the n/s/o County Road 48,
approximately 190' w/o Wickham Avenue, in Mattituck. SCTM#1000-140-1-6
Mia Jealous-Dank:
WHEREAS, this proposal is for a Standard Subdivision of a 5.1-acre split-zoned parcel
into 4 lots where Lots 1-3 equal 1 acre each in the R-40 Zoning District and Lot 4 equals
1.8 acres located in both the R-40 and LB Zoning Districts; and
WHEREAS, on August 5, 2019 the Southold Town Planning Board granted Conditional
Preliminary Plat Approval upon the map prepared by Howard W. Young, Land Surveyor,
entitled "Subdivision Map of Harold R. Reeve and Sons, Inc.", dated January 8, 2015
and last revised May 24, 2019 and approval on the Preliminary Road and Drainage
Plans last revised May 24, 2019; and
WHEREAS, on February 10, 2020; a Final Plat Public Hearing was held and closed;
and
WHEREAS, the property has transferred to new owners; and
WHEREAS, on May 26, 2023, the new owner submitted a request to extend the
decision timeframe for another twelve months; and
Southold Town Planning Board Public Meeting —June 5, 2023 — Page 35
WHEREAS, Southold Planning Board and the applicant have mutually agreed to extend
the timeframe to render a Final Plat determination from June 5, 2023 to June 5, 2024;
therefore be it
RESOLVED, that the timeframe to render a decision on the Final Plat is hereby
mutually extended from June 5, 2023 to June 5, 2024.
Pierce Rafferty: Second.
Chairman Wilcenski: Motion made by Mia, seconded by Pierce Rafferty. Any
discussion? All in favor?
Ayes.
Opposed?
None.
Motion carries.
Chairman Wilcenski: That ends the approval of the resolution for tonight. I'm recused
from this next application so I'll turn it over to the Vice-Chairman, Jim Rich.
Public Hearings Continued by Court Reporter Jessica DiLallo
PUBLIC HEARING HELD OVER
Strong's Storage Buildings Draft Environmental Impact Statement—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
Vice-Chairman Rich: Can we get a motion for adornment?
Mia Jealous-Dank: I make a motion to adjourn.
Martin Sidor: Second.
Vice-Chairman Rich: Motion made by Mia, seconded by Martin. Any discussion? All in
favor?
Ayes.
Opposed?
Southold Town Planning Board Public Meeting —June 5, 2023 — Page 36
None.
Motion carries.
There being no further business to come before the Board, the meeting was adjourned.
Respectfully submitted,
Jessica Michaelis
Transcribing Secretary
Donald J. Acenski, Chairman
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