HomeMy WebLinkAboutPB-01/08/2024 OFFICE LOCATION: MAILING ADDRESS:
Town Hall Annex o f Sou P.O.Box 1179
54375 State Route 25 O�� ryOl Southold,NY 11971
(cor.Main Rd. &Youngs Ave.)
Southold, NY Telephone: 631 765-1938
www.southoldtownny.gov
CA
�ou ,�
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
PUBLIC MEETING
MINUTES
January 8, 2024
6:00 p.m.
Present-were: Donald Wilcenski, Member
Martin Sidor, Member
Pierce"Rafferty, Member '-
Heather Lanza, Planning Director
Brian Cummings, Planner
James Squicciarini, Deputy Town Attorney
Jessica Michaelis, Senior Office Assistant
Donald Wilcenski: Good Evening and welcome to the Public Meeting for Monday, January 8,
2024 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
Donald Wilcenski: The first order of business is to Monday, February 6, 2024 at 6:00
p.m. at the Southold Town Hall,"Main Road, Southold,l-as the.time and place for the next
regular Planning Board Meeting.
Martin Sidor: I make a motion.
Pierce Rafferty: Second.
Southold Town Planning Board Public Meeting —January 8, 2024 — Page 2
Donald Wilcenski: Motion made by Martin, seconded by Pierce. Any discussion?All in
favor?
Ayes.
Opposed?
None.
Motion carries.
SPECIAL EXCEPTION APPLICATIONS
DETERMINATION
Donald Wilcenski: Cell Tower at Albertson Marine —This proposed wireless facility site
plan is for a ±150' above grade level (a.g.l.) concealment pole, including antennas, cables,
and related equipment for two wireless carriers (Verizon and DISH) and Southold Fire
District's emergency communications, along with a ±2,450 sq. ft. equipment compound on
a ±0.95-acre parcel with a ±10,800 sq. ft. existing boat storage warehouse, in the Marine II
Zoning District. The property is located at 61405 NYS Route 25, Southold. SCTM#1000-
56-3-15
Martin Sidor:
WHEREAS, applications for a Special Exception & Site Plan Approval for a Wireless
Communications Facility were accepted as complete for review on October 16, 2023,
including site plans prepared by Jeremy K. McKeon, N.Y.S. Licensed Professional
Engineer; and
WHEREAS, the Southold Town Planning Board reviewed the above-referenced request for
a Special Exception for a proposed wireless communication facility site plan of a ±150'
above grade level (a.g.l.) concealment pole, including antennas, cables, and related
equipment for two wireless carriers (Verizon and DISH) and Southold Fire District's
emergency communications, along with a ±2,450 sq. ft. equipment compound on a ±0.95-
acre parcel with a ±10,800 sq. ft. existing boat storage warehouse, in the Marine II Zoning
District, Southold; and
WHEREAS, on October 16, 2023, the Southold Town Planning Board, pursuant to the
State Environmental Quality Review Act §617.6, established itself as Lead Agency for this
Unlisted Action; and
WHEREAS, on October 16, 2023, the Southold Town Planning Board, pursuant to Part
617, Article 6 of the Environmental Conservation Law acting under the State
Southold Town Planning Board Public Meetinq —January 8, 2024 — Page 3
Environmental Quality Review Act, initiated the SEAR Lead Agency coordination process
for this Unlisted Action; and
WHEREAS, the submission by the applicant has been reviewed and corroborated with an
independent wireless technical consultant, CityScape Consultants, Inc. retained by the
Town to assist in the review process; and
WHEREAS, on November 6, 2023, a public hearing was held and closed; and
WHEREAS, at their work session on November 20, 2023, the Southold Town Planning
Board reviewed the proposed application, along with comments from referral agencies and
a report by CityScape Consultants, and required corrections to the site plan and a
determination from the Zoning Board of Appeals in order to find the application consistent
with Special Exception Standards and Uses; and
WHEREAS, on December 18, 2023, the Southold Town Planning Board, as Lead Agency
pursuant to SEQRA, made a determination of non-significance for the proposed action and
granted a Negative Declaration; and
WHEREAS, on January 8, 2024 the General Requirements in §280-70 were met; and
WHEREAS, on January 8, 2024 the Site Plan Requirements in §280-72 were met or
waived; and
WHEREAS, on January 8, 2024, the Southold Town Planning Board made a determination
that the applicant has satisfied the requirements for a Special Exception pursuant to Town
Code Section 280-142 and the additional standards for a Special Exception in Town Code
Section 280-73 as detailed in the Staff Report dated November 20, 2023; be it therefore
RESOLVED, that the Southold Town Planning Board hereby finds and determines that the
standards for Special Exception Approval have been met;
Pierce Rafferty: Second.
Donald Wilcenski: Motion made by Martin, seconded by Pierce. Any discussion?All in
favor?
Ayes.
Opposed?
None.
Motion carries.
Southold Town Planning Board Public Meeting —January 8, 2024 — Page 4
Martin Sidor: And be it further
RESOLVED, that after deliberation of the application and consideration of the above
factors, the Southold Town Planning Board grants a Special Exception for the Wireless
Communications Facility as shown in the Site Plans entitled "Elite Site ID: Albertson
Marine" prepared by Jeremy K. McKeon, N.Y.S. Licensed Professional Engineer, last
revised 6/15/23; and "DISH Wireless Site ID: NYNYCO2239A" prepared by Jeremy K.
McKeon, N.Y.S. Licensed Professional Engineer, last revised 6/21/23*.
Pierce Rafferty: Second.
Donald Wilcenski: Motion made by Martin, seconded by Pierce. Any discussion?All in
favor?
Ayes.
Opposed?
None.
Motion carries.
SITE PLAN APPLICATIONS
DETERMINATIONS
Donald 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
Martin Sidor:
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
Southold Town Planning Board Public Meeting —January 8, 2024 — Page 5
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 Southold Town 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 Southold Town 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
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
Southold Town Planning Board Public Meeting —January 8, 2024 — Page 6
WHEREAS, on April 11, 2022 the Southold Town 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 Southold Town Architectural Review Committee (ARC)
provided comments to be incorporated into the proposed site design and layout by the
Southold Town 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 Southold Town 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
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
Southold Town Planning Board Public Meeting January 8, 2024 — Page 7
WHEREAS, on August 8, 2022, Nelson & Pope, authorized Technical Consultant to the
Southold Town 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 Southold Tonw Planning Board referred the revised
site plan to the Office of the Town Engineer for review; and
WHEREAS, on December 1, 2022, the Southold Town 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 Southold Town Planning Board reviewed the
revised site plan at their work session and determined that 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 Southold Town 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 Southold Town Planning Board referred the revised
site plan to the Office of the Town Engineer for review; and
WHEREAS, on January 13, 2023, the Southold Town 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
Southold Town Planninq Board Public Meeting —January 8, 2024 — Page 8
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 Southold Town 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 Southold Town 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; and
WHEREAS, on June 5, 2023, the Southold Town Planning Board accepted the Bond
Estimate in the amount of$310,336.30, and recommended same to the Town Board; and
WHEREAS, on June 5, 2023, the Southold Town Planning Board found the application
consistent with the Local Waterfront Revitalization Program; and
WHEREAS, on June 5, 2023, the Southold Town Planning Board granted a Conditional
Approval regarding the Site plan entitled "The Enclaves" prepared by Bryan Andrew
Southold Town Planning Board Public Meeting —January 8, 2024— Page 9
Grogan, P.E. dated August 23, 2016 and last revised December 21, 2022, with five (5)
conditions to be met; and
WHEREAS, on June 20, 2023, the Southold Town Board accepted the Bond Estimate by
resolution as required by condition #3; and
WHEREAS on October 17 2023 Andrew Giambertone R.A. and Bryan Grogan, P.E.
submitted 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, as required by Condition #5; and
WHEREAS, on October 30, 2023, Bryan Grogan, P.E., submitted New York State
Department of Transportation (NYSDOT) Highway Work Permit #20231097500 issued
October 30, 2023 through October 29, 2024 as required by Condition #1; and
WHEREAS, on November 29, 2023, a $310,336.30 Performance Bond was
submitted by Liberty Mutual Insurance Company with J. Petrocelli Contracting, Inc.
as principal as required by Condition #3; and
WHEREAS, on December 13, 2023, the Suffolk County Department of Health
Services (SCDHS) granted approval for #C-22-0081 Sewage Treatment Plant (STP),
Collection System and Water Supply for Hotel & Restaurant @ 11,420gpd as
required by Condition #2; and
WHEREAS, on December 14, 2023, the 6% Administration Fee of $18,620.18 was
submitted by J. Petrocelli Contracting, Inc. as required by Condition #4; and
WHEREAS, at their work session on January 8, 2024, the Southold Town Planning Board
determined that all five conditions of conditional approval had been satisfied as detailed
above; therefore be it
RESOLVED, that the Southold Town Planning Board grants Approval with Conditions,
listed below, regarding the Site plan entitled "The Enclaves" prepared by Bryan Andrew
Grogan, P.E. dated August 23, 2016 and last revised February 3, 2023 and authorizes the
Chairman to endorse the plans listed below:
Southold Town Planning Board Public Meeting--January 8, 2024--Page 10
Site plan Table of Contents
C-001 Site plan General Notes
C-002 Site plan Legend
C-100 Traffic Control & Parking Plan
C-101 Site Circulation Plan & Detail
C-102 Site Circulation Plan & Detail
C-103 Site Circulation Plan & Detail
C-104 Work Zone Traffic Control Plan
C-200 Grading and Drainage Plan
C-201 Grading and Drainage Plan
C-202 Boring Plan and Boring Logs
C-300 Sediment and Erosion Control Plan
C-301 Sediment and Erosion Control Details
C-302 Sediment and Erosion Control Details
C-400 Landscape Plan and Details
C-500 Site Lighting and Details
C-501 Site Lighting and Details
C-600 Site Layout and Utilities Plan
C-601 Site Layout and Utilities Plan
C-602 Site Layout and Utilities Plan
C-700 Site Details
C-701 Details
C-702 Details
C-800 Irrigation Plan
A2.1 Hotel Lower Level Plan
A2.2 Hotel First Floor Plan
A2.3 Hotel Second Floor Plan
A2.4 Hotel Roof Plan
A3.1 Hotel Elevations
A3.2 Hotel Elevations
A2.5 Restaurant Root Cellar Floor Plan
A2.6 Restaurant First Floor Plan
A2.7 Restaurant Second Floor Plan
A2.8 Restaurant Roof Plan
A3.5 Restaurant Front Elevations
A3.6 Restaurant Right Side Elevations
A3.7 Restaurant Rear Elevations
A3.8 Restaurant Left Side Elevations
Conditions (ongoing)
PRIOR TO SITE WORK BEGINNING
1. Preconstruction meeting:
Prior to beginning any site work, including clearing or grading, a preconstruction
meeting shall be coordinated with the Southold Town Planning Department and
Southold Town Planning Board Public Meeting —January 8, 2024 — Page 11
Southold Town Engineer. This meeting shall include the construction manager or
equal, and the designated on-site environmental technician.
2. Prior to Clearing:
a. The 25-foot rear yard setback, and the 10' side yard setback areas must be
staked and inspected by the Southold Town Planning Department as per
condition number 9. below.
b. Trees to be retained in other areas of the site must be flagged for inspection by
Southold Town Planning Department as per condition number 8. below.
STORMWATER RUN-OFF & DRAINAGE
3. Prior to construction, a SWPPP shall be prepared to address items during
construction such as concrete washout areas, temporary stabilization, and erosion
and sediment maintenance and inspection procedures. (SEQRA)
4. Storm water run-off containment systems must be inspected by the Southold Town
Engineer at the time of installation. Prior to beginning any work on the drainage
system for stormwater, please call the Southold Town Engineer to coordinate
inspections.
EVENTS
5. No outdoor events of'any size are permitted. (ZBA Special Exception & SEQRA)*
6. No Special Events pursuant to Southold Town Code Chapter 205 are permitted.
(ZBA Special Exception)
7. No large events with over 100 guests are permitted. (ZBA Special Exception)
TREE CLEARING
8. Retain existing trees wherever possible. These trees shall be flagged for inspection
by the Southold Town Planning Department prior to clearing. (SEQRA)
9. Retain all existing trees within the 25-foot rear yard setback area and the 10-foot
side yard setback area to contribute to boundary screening for adjacent properties
and provide habitat benefits to wildlife associated with established native trees.
(SEQRA)
Southold Town Planning Board Public Meeting —January 8, 2024 — Page 12
10.Tree clearing shall occur during winter months (between December 1 and February
28) in accordance with NYSDEC to avoid any potential take of Northern long-eared
bat (Myotis septentionalis), a species listed as federally endangered by the U.S. Fish
and Wildlife Service. (SEQRA)
GRADING & EXCAVATION
11.All excess soil not used onsite shall be characterized for disposal purposes. Soil
wastes shall be transported to permitted off-site DEC disposal facilities in
accordance with NYSDEC Part 360. Other soils, if determined to have a beneficial
use, shall be transported to other appropriate sites in accordance with NYSDEC Part
360. (SEQRA)
12.To prevent tracking of potentially impacted soil into areas where neither remediation
nor other risk management measures are planned, the following precautions will be
undertaken: (1) access to areas in which a clean soil cap has been constructed will
be limited by temporary barricade fencing until landscaping activities have been
completed; (2) vehicles and equipment will be cleaned or washed down prior to
moving from impacted areas to areas in which soil mitigation is not necessary or has
already been completed; and (3) erosion controls (i.e. silt fencing) shall be installed
to prevent runoff from impacted areas from entering areas in which soil mitigation is
not necessary or has already been completed. (SEQRA)
13.Erosion and sedimentation controls shall be put in place prior to and during
construction and will include, at minimum, stockpile protection, inlet sediment control
devices for storm structure protection, silt fencing, and anti-tracking pads to prevent
off-site sediment tracking from construction vehicles. All erosion and sediment
control measures shall be routinely inspected and maintained such that no sediment
will be transported off-site. (SEQRA)
14.The on-site environmental technician shall monitor dust levels from equipment,
vehicular traffic and construction activities on exposed soils and take immediate
action when necessary. The environmental technician shall implement the dust
control plan (as provided in Section 2.3 of the SMMP in Appendix L of the DEIS) if
there is actual or potential visible dust. Dust suppression measures shall be
employed in accordance with NYSDEC DER-10 Appendix 1 B for Fugitive Dust and
Particulate Monitoring. (SEQRA)
15.If there is dust or the potential for dust in areas of concern, the Environmental
Technician shall direct that area to be wet down. Calcium chloride may be used if
the problem cannot be controlled with water. Dust control measures may include the
Southold Town Planning,Board Public Meeting —'January 8, 2024 — Page 13
following methods and, as good practice, can also be implemented at times when
dust monitoring is not being conducted to prevent the migration of non-impacted
dust off-site, as well as potentially impacted dust (SEQRA):
a. Apply water to designated work areas prior to any clearing, mixing, or other earth
moving operations.
b. At a minimum, water shall be applied to all disturbed work areas at least four
times per day during dry weather periods.
c. The disturbed areas shall be sprayed down at the end of each day to form a thin
crust. This is in addition to the required minimum of four times per day.
d. No earth moving activities shall be performed if the wind at the site steadily
exceeds 15 miles per hour.
e. All unpaved haul roads and equipment paths shall be watered on a sufficient
basis to prevent dust emissions. An alternative to frequent watering may be to
pour a 4-inch-thick layer of gravel.
f. Transportation of soils on-site shall be performed in a covered vehicle, or the
soils must be sufficiently watered to prevent dust emissions.
g. Onsite vehicle speeds must not exceed 10 miles per hour and the site must be
posted with speed signs.
h. Parking areas shall be designated and shall be sufficiently watered or gravel
lined to prevent dust emissions.
LANDSCAPING & BUFFERS
16.Buffers
A minimum 15' wide Transition Buffer shall be maintained along the eastern property
line in accordance with §280-94(B)(1) and the site plan. This transition buffer shall
include a staggered double row of at least 133 Leyland Cypress plantings at 18'-20'
high and a 6.5' high noise-attenuating wooden stockade fence to provide privacy
from noise, headlight glare and visual intrusion to residential dwellings.
17.Landscape buffer plantings shall be installed early in the construction process to
provide additional time for growth during the construction period. (SEQRA)
Southold Town Planning Board,Public Meeting —January 8, 2024 — Page 14
18.Native and drought-tolerant species shall be installed as approved on the landscape
plan to reduce use of fertilizer, pesticides and water for irrigation. (SEQRA)
19.Organic landscaping maintenance shall be implemented as approved. (SEQRA)
GENERAL
20.Existing historic structure shall be retained. (SEQRA)
21.All aspects of the project shall be constructed and maintained substantially in
accordance with the approved site plan including the architectural drawings.
22.Proposed hotel amenities (spa, pools, roof top bar/lounge) shall not be available for
use by general public. Use of the hotel spa and indoor and outdoor swimming pools
shall be restricted to overnight hotel guests only. No day passes for use of the hotel
amenities will be permitted. (ZBA Special Exception & SEQRA)
23.No outdoor music is permitted anywhere on the property. (ZBA Special Exception)
24.No expansion of the number of approved hotel units is permitted. (ZBA Special
Exception)
25.Exterior signage details must be submitted for review and approval by the Southold
Town Planning Board prior to permitting.
26.The hotel building must have a sprinkler suppression system.
27.Curbs shall be mountable, particularly in areas of the driveways where an extended
load-bearing surface is provided to accommodate larger emergency response
vehicles, as shown on the site plan.
28.The existing well shall be utilized as an irrigation well for all irrigation needs in
addition to the use of smart irrigation control systems and drought tolerant
vegetation.
29.Groundwater-monitoring wells shall be installed to monitor groundwater impacts both
upstream and downstream of the effluent disposal system of the onsite STP. This is
in accordance with the Suffolk County Department of Health Services (SCDHS),
Suffolk County Water Authority (SCWA) and NYS Department of Environmental
Conservation (NYSDEC).
Southold Town Planninq Board Public Meetinq —January 8, 2024 — Page 15
30.No parking to be allowed on State Route 25 in front of the subject property.
(SEQRA)
31.A noise-attenuating wooden stockade fence at 6.5' in height shall be installed along
the eastern and western property lines as shown on the site plan (approved by the
Southold Town Zoning Board of Appeals as part of their Special Exception approval
and SEQRA findings). (SEQRA)
32.Acoustic Barriers shall be installed around the cottage exterior spaces. (SEQRA)
33.To address potential noise concerns from the rooftop lounge area, a 30-inch glass
barrier shall be provided on top of the parapet. (SEQRA)
34.The rooftop terrace shall have limited hours of operation (10AM-9PM Sun- Thurs,
11AM-10PM Fri-Sat) and will be for overnight hotel guests only. (SEQRA)
RENOVATION OF EXISTING HOUSE TO A RESTAURANT
35.Prior to renovation and conversion of the existing house, an Asbestos Containing
Materials (ACM) survey shall be performed. If ACM are identified, removal of any
materials shall be in accordance with prevailing regulations. (SEQRA)
36.The existing onsite sanitary system, which currently services the single-family
residence, shall be abandoned in place in accordance with SCDHS regulations. The
structures shall be pumped and cleaned prior to abandonment. (SEQRA)
37.The existing 275-gallon above ground fuel oil tanks noted in the Phase I
Environmental Site Assessment (ESA) shall be cleaned and removed in accordance
with applicable regulations. These tanks were noted in the Phase I ESA as being
empty and currently out of service as the residence is currently heated with natural
gas. (SEQRA)
* ORIGIN of CONDITIONS LISTED ABOVE
Special Exception:
Conditions that originate from the Southold Town Zoning Board of Appeals'
(ZBA) Special Exception approval granted December 2, 2021 (File No. 7046SE)
have the notation "ZBA Special Exception" to identify them:
SEQRA: Conditions that originate from the SEQRA Environmental Impact
Statement and Findings Statement of the ZBA, with same being adopted by the
Southold Town Planninq Board Public Meetinq —January 8, 2024 — Page 16
Southold Town Planning Board on September 12, 2022 have the notation
"SEQRA" to identify them.
Pierce Rafferty: Second.
Donald Wilcenski: Motion made by Martin, seconded by Pierce. Any discussion?All in
favor?
Ayes.
Opposed?
None.
Motion carries.
Donald Wilcenski: Cell Tower at Albertson Marine—This proposed wireless facility site
plan is for a ±150' above grade level (a.g.l.) concealment pole, including antennas, cables,
and related equipment for two wireless carriers (Verizon and DISH) and Southold Fire
District's emergency communications, along with a ±2,450 sq. ft. equipment compound on a
±0.95-acre parcel with a ±10,800 sq. ft. existing boat storage warehouse, in the Marine II
Zoning District. The property is located at 61405 NYS Route 25, Southold. SCTM#1000-56-
3-15
Martin Sidor:
WHEREAS, this proposed wireless communication facility site plan is for a ±150' above
grade level (a.g.l.) concealment pole, including antennas, cables, and related equipment
for two wireless carriers (Verizon and DISH) and Southold Fire District's emergency
communications, along with a ±2,450 sq. ft. equipment compound on a ±0.95-acre
parcel with a ±10,800 sq. ft. existing boat storage warehouse, in the Marine II Zoning
District, Southold; and
WHEREAS, on January 4, 2022, the agent to the applicant, Gregory R. Alvarez,
submitted a Building Permit application; and
WHEREAS, on January 27, 2022, pursuant to §280-74A(4) of the Southold Town Code,
the Southold Town Planning Board entered into a Letter of Agreement with CityScape
Consultants, Inc. to assist the Board in reviewing and evaluating the proposed wireless
application; and
WHEREAS, on February 4, 2022, the Southold Town Planning Board reviewed the
applications together with their independent technical consultant, CityScape, and found
the application incomplete for review with further information to be submitted; and
WHEREAS, on November 4, 2022, the agent to the applicant, Gregory R. Alvarez,
submitted a portion of the information requested; and
Southold Town Planning Board Public Meeting —January 8, 2024 — Page 17
WHEREAS, on November 30, 2022, the Southold Town Planning Board found the
application remained incomplete for review; and
WHEREAS, on April 27, 2023, the agent to the applicant, Gregory R. Alvarez, notified
the Southold Town Planning Department that they were working on completing their
application filing; and
WHEREAS, the agent to the applicant, Gregory R. Alvarez, submitted applications for
Site Plan review and Special Exception review on August 9, 2023; and
WHEREAS, due to the proposed project's location within the limits of Southold Town's
wetlands regulatory jurisdiction pursuant to § 275-3 (C)(5), the project is subject to
review by the Southold Town Board of Trustees; and
WHEREAS, the Southold Town Board of Trustees held a meeting on October 18, 2023
and approved the application as submitted with no additional conditions; and
WHEREAS, the Southold Town Zoning Board of Appeals must review the proposed
project for a second principal use and for variances for a minimum rear yard setback
and a maximum lot coverage pursuant to Article XIII, Section 280-53, the Bulk
Schedule; and
WHEREAS, the Southold Town Zoning Board of Appeals held a public hearing on
October 5, 2023; and
WHEREAS, the Southold Town Zoning Board of Appeals closed the hearing subject to
a SEQRA determination from the Southold Town Planning Board; and
WHEREAS, on August 18, 2023, the Southold Town Planning Board found the
application remained incomplete; and
WHEREAS, on August 18, 2023, the Southold Town Planning Board referred the
application to the MTA Long Island Rail Road due to the proposed facility's proximity to
LIRR tracks; and
WHEREAS, on August 31, 2023, the agent to the applicant, Gregory R. Alvarez,
submitted a portion of the information requested; and
WHEREAS, on September 1, 2023, the Southold Town Planning Board found the
application remained incomplete for review; and
WHEREAS, on September 26, 2023, the agent to the applicant, Gregory R. Alvarez,
submitted a portion of the information requested; and
WHEREAS, on September 26, 2023, the MTA Long Island Rail Road reviewed the
above-referenced application and determined the proposed facility has the potential to
Southold Town Planning Board Public Meeting —January 8 2024— Page 18
impact the safe and timely operations of the LIRR and therefore requires that proposed
work be completed under an Entry Permit; and
WHEREAS, on October 16, 2023, the Southold Town Planning Board formally accepted
the application as complete for review; and
WHEREAS, on October 16, 2023, the Southold Town Planning Board, pursuant to the
State Environmental Quality Review Act §617.6, established itself as Lead Agency for
this Unlisted Action; and
WHEREAS, on October 16, 2023 the Southold Town Planning Board, pursuant to
§617.6 of the Environmental Conservation Law acting under the State Environmental
Quality Review Act, initiated the SEQRA Lead Agency coordination process for this
Unlisted Action; and
WHEREAS, on October 16, 2023, the Southold Town Planning Board, pursuant to State
Environmental Quality Review Act (SEQRA) 6 NYCRR, Part 617, determined that the
proposed action is an Unlisted Action as it does not meet any of the thresholds of a
Type I Action, nor does it meet any of the criteria on the Type II list of actions; and
WHEREAS, on October 26, 2023, 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 October 27, 2023, the Southold Town Code Enforcement officer verified
that there were no open violations on the subject parcel; and
WHEREAS, on October 27, 2023, the Southold Town Engineer reviewed the above-
referenced application and determined the project meets the minimum requirements of
Chapter 236 for Storm Water Management; and
WHEREAS, on October 31, 2023, the Southold Fire District determined there was
adequate fire protection and emergency access for the site; and
WHEREAS, on November 6, 2023 a public hearing was held and closed by the
Southold Town Planning Board for the above-referenced Site Plan; and
WHEREAS, on November 14, 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 November 16, 2023, the Southold Town Fire Marshall reviewed, made
recommendations, and determined that there was adequate fire protection, emergency
egress, and emergency access to the site; and
WHEREAS, on November 16, 2023, the New York State Department of Transportation
reviewed the proposed application and determined that,the proposed work requires a
Highway Work Permit and
Southold Town Planninq Board Public Meeting —January 8, 2024 — Page 19
WHEREAS, on November 17, 2023, Southold Town Planning Department staff relayed
comments from NYSDOT to the Applicant's Agent for review; and
WHEREAS, on November 20, 2023, the Town of Southold LWRP Coordinator reviewed
the above-referenced project and recommended that the proposed project be found
consistent with Southold Town LWRP Policies; and
WHEREAS, at their work session on November 20, 2023, the Southold Town Planning
Board reviewed the proposed application, along with comments from referral agencies
and a report by CityScape Consultants, and required corrections to the site plan to
make it comply with various applicable sections of the Southold Town Code; and
WHEREAS, pursuant to §280-76.2, in approving a site plan or special exception, the
Southold Town Planning Board may waive or modify [the following] criteria if it finds that
the goals and stated purposes of this article are better served by doing so, and that
there is no detriment to the public health, safety and welfare; and
WHEREAS, at a work session held on November 20, 2023, the Southold Town
Planning Board reviewed the request to waive §280-701(2) for the maximum height of
80 feet in this Marine II Zone. They found that the overall height of the proposed tower
of 150' with potential future co-locations would achieve the result of improved
emergency communications for the Southold Fire District and fewer antenna support
structures in the immediate area; and
WHEREAS, the applicant requested relief from §280-70(G) and provided a report from
a structural engineer which was reviewed and corroborated by CityScape; and
WHEREAS, at a work session held on November 20, 2023, the Southold Town
Planning Board reviewed the request for relief from §280-70(G) and CityScape's review
of the qualified structural engineer's report finding the proposed tower will meet the
structural intentions of the Southold Town Code; and
WHEREAS, at a work session held on November 20, 2023, the Southold Town
Planning Board reviewed the request to waive §280-701(3) for the minimum distance of
all wireless equipment to adjacent residential property lines. They found that though the
proposed facility is directly adjacent to land that is zoned residential, it is actually over
500' from the nearest residential structure; and
WHEREAS, at a work session held on November 20, 2023, the Southold Town
Planning Board reviewed the request to waive §280-70(N)(4) for base equipment and
shelter landscaping. They found that the location of the ground equipment area behind
the boat storage warehouse along with proposed fencing accomplishes the goal of
concealing the base equipment from other properties and roads; and
WHEREAS, at a work session held on November 20, 2023, the Southold Town
Planning Board reviewed the request to waive §280-72(A)(6) for scenic landscapes and
vistas. They found that the ground equipment area is located behind the existing boat
Southold Town Planning Board Public Meeting —January 8, 2024 — Page 20
storage warehouse which keeps it largely screened from view, and the cell tower itself is
a neutral color as required by Southold Town Code. In addition, the photographic
simulations submitted in the visual impact analysis demonstrate that the proposed
wireless facility will not appear obstructive to the viewshed due to its concealment pole
design, neutral blue-gray color, and location within the context of surrounding-
topography; and
WHEREAS, at a work session held on November 20, 2023, the Southold Town
Planning Board reviewed the request to waive §280-72(A)(9) for antenna support
structures in or adjacent to residential zones. They found that due to the unique
compact nature of the parcel and location of the base equipment that a tall fence with
privacy slats would be suitable in lieu of plantings; and
WHEREAS, in'a follow-up letter to the applicant on November 22, 2023, the Southold
Town Planning Department restated that certain permits were required from additional
agencies, including the NYS Department of Environmental Conservation (NYSDEC),
Long Island Railroad (LIRR), and NYS Department of Transportation (NYSDOT), prior
to construction in order to ensure site safety and protection of wetlands; and
WHEREAS, on December 4, 2023, the Southold Town Planning Board, as Lead Agency
pursuant to SEQRA, made a determination of non-significance for the proposed action
and granted a Negative Declaration; and
WHEREAS, the Southold Town Zoning Board of Appeals held a meeting on December
21, 2023 and granted the variances as applied for as noted in ZBA Determination
#7839; and
WHEREAS, on January 5, 2024, the Southold Town Chief Building Inspector reviewed
and certified the proposed Wireless Communications Facility as a permitted use in the
Marine II Zoning District; and
WHEREAS, at a work session held on January 8, 2024, the Southold Town Planning
Board found that all applicable requirements of the Site Plan Regulations Article XXIV,
§280 — Site Plan Approval of the Town of Southold have been met; and
WHEREAS, at their public meeting on January 8, 2024, the Southold Town Planning
Board granted approval to the Special Exception Application for this site; be it therefore
RESOLVED, that the Southold Town Planning Board hereby waives §280-70(1)(2) of the
Southold Town Code for the maximum height of 80 feet in this Marine II Zone as
described above;
Pierce Rafferty: 'Second.
Donald Wilcenski: Motion made by Martin, seconded by Pierce. Any discussion?All in
favor?
Ayes.
Southold Town Planning Board Public Meetinq —January 8, 2024 — Page 21
Opposed?
None.
Motion carries.
Martin Sidor: And be it further
RESOLVED, that the Southold Town Planning Board waives §280-70(I)(3) for the
minimum distance of all wireless equipment to adjacent residential property lines as
described above;
Pierce Rafferty: Second.
Donald Wilcenski: Motion made by Martin, seconded by Pierce. Any discussion? All in
favor?
Ayes.
Opposed?
None.
Motion carries.
Martin Sidor: And be it further
RESOLVED, that the Southold Town Planning Board waives §280-70(N)(4) for base
equipment and shelter landscaping as described above;
Pierce Rafferty: Second.
Donald Wilcenski: Motion made by Martin, seconded by Pierce. Any discussion?All in
favor?
Ayes.
Opposed?
None.
Motion carries.
Southold Town Planning Board Public Meeting —January 8 2024 — Page 22
Martin Sidor: And be it further
RESOLVED, that the Southold Town Planning Board waives §280-72(A)(6) for scenic
landscapes and vistas as described above;
Pierce Rafferty: Second.
Donald Wilcenski: Motion made by Martin, seconded by Pierce. Any discussion?All in
favor?
Ayes.
Opposed?
None.
Motion carries.
Martin Sidor: And be it further
RESOLVED, that the Southold Town Planning Board waives §280-72(A)(9) for antenna
support structures in or adjacent to residential zones as described above;
Pierce Rafferty: Second.
Donald Wilcenski: Motion made by Martin, seconded by Pierce. Any discussion? All in
favor?
Ayes.
Opposed?
None.
Motion carries.
Martin Sidor: And be it further
RESOLVED, that the Southold Town Planning Board has determined that this proposed
action is consistent with the policies of the Town of Southold Local Waterfront
Revitalization Program;
Pierce Rafferty: Second.
Donald Wilcenski: Motion made by Martin, seconded by Pierce. Any discussion?All in
favor?
Southold Town Planning Board Public Meeting —January 8, 2024— Page 23
Ayes.
Opposed?
None.
Motion carries.
Martin Sidor: And be it further
RESOLVED, that the Southold Town Planning Board Grants Approval with eleven
conditions to the Site Plans entitled "Elite Site ID: Albertson Marine" prepared by
Jeremy K. McKeon, N.Y.S. Licensed Professional Engineer, last revised 1/2/24; and
"DISH Wireless Site ID: NYNYCO2239A" prepared by Jeremy K. McKeon, N.Y.S.
Licensed Professional Engineer, last revised 1/4/24, and authorizes the Chairman to
endorse the site plan, including the following:
Site Plan Title: Site Plan Title:
Elite Site ID: Albertson Marine DISH Wireless Site ID: NYNYCO2239A
Sheet Number and Sheet Title: Sheet Number and Sheet Title:
Z-01 Title Sheet T-1 Title Sheet
Z-02 Site Plan & Notes AAA Overall Site Plan
Z-03 Bulk Table A-1 B Bulk.Requirements
Z-04 Zoning Information AA C Compound Plan
Z-05 200' Radius Plan A-2 Elevation, Antenna Layout and
Z-06 Vicinity Plan Schedule
Z-07 200' & 500' Property Owners List A-3 Equipment Platform and H-Frame
Details
Z-08 Compound Plan A-4 Equipment Details-1
Z-09 Equipment Plan A-5 Equipment Details-2
Z-10 Antenna Plans &Antenna Schedule
A-6 Equipment Details-3
Z-11 Elevation
A-7 Equipment Details-4
Z-12 Construction Details-1 E-1 Electrical/Fiber Route Plan and Notes
Z-13 Construction Details-2 E-2 Electrical Details and Riser Diagram
Z-14 Equipment Details-1
E-3 Electrical One-Line, Fault Calcs, and
Z-15 Equipment Details-2 Panel Schedule
Southold Town Planning Board Public Meeting —January 8, 2024 — Page 24
Z-16 Fire District Equipment-1 G-1 Grounding Plans and Notes
Z-17 Fire District Equipment-2 G-2 Grounding Details
Z-18 2007 Flood Insurance Rate Map G-3 Grounding Details
RF-1 RF Cable Color Code
GN-1 Legend and Abbreviations
GN-2 General Notes
GN-3 General Notes
GN-4 General Notes
Conditions:
A. Prior to a Building Permit being issued:
1. Applicant must provide the Construction Documents, Site Plans, and Structural
Analysis based on the final facility design (signed and sealed by a New York
Registered Professional Engineer) for review by Cityscape to ensure final
versions match reviewed materials.
2. Applicant should obtain and provide proof of NEPA approval for proposed
structure.
3. The Southold Town Planning Department will provide a written confirmation to
the Southold Town Building Department when the two conditions above have
been met.
B. Ongoing conditions:
1. Colocations: The applicant shall permit and facilitate the colocation of additional
telecommunication providers' equipment on the approved cell tower, provided
that there are open positions on the tower that can properly accommodate such
equipment.
2. No Unreasonable Delay: The applicant shall not unreasonably delay or withhold
approval for colocation requests, and shall promptly respond to such requests in
accordance with applicable regulations.
3. All vertical runs of feedlines shall be installed within the unipole shaft and all
access ports shall be sealed to prevent wildlife access.
4. All exterior lighting on the property shall comply with the provisions of Chapter
172 of the Southold 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 Southold Town Planning Board
prior to installation.
5. Lighting of the ground equipment area must be on a switch and turned on only
when a maintenance representative is on site.
Southold Town Planning Board Public Meeting —IJanua 8 2024 — Page 25
6. The access driveway is to be kept open at all times for emergency purposes, and
there shall be no boat storage within the designated access shown on the site
plan.
7. Facility shall remain secured and protected from unauthorized personnel.
8. A preventative device shall be installed on top of the pole to prevent the nesting
of osprey or other birds.
9. In the event that birds or wildlife are found nesting elsewhere on or within the
unipole, additional preventative devices must be,installed where necessary.
Pierce Rafferty: Second.
Donald Wilcenski: Motion made by Martin, seconded by Pierce. Any discussion? All in
favor?
Ayes.
Opposed?
None.
Motion carries.
APPROVAL EXTENSION
Donald Wilcenski: North Fork Self Storage #3 —This site plan is for the proposed
construction of two (2) 2-story self-storage buildings at 53,800 sq. ft. and 37,750 sq. ft.
which includes a 300 sq. ft. office; and 18 parking stalls on 3.7 acres in the Light Industrial
Zoning District. The property is located at 65 Commerce Drive, Cutchogue. SCTM#1000-
96-1-1.3
Martin Sidor:
WHEREAS, on January 11, 2021, this Site Plan was approved for the construction of
two (2) 2-story self-storage buildings at 53,800 sq. ft. and 37,750 sq. ft. which includes a
300 sq. ft. office; and 18 parking stalls on 3.7 acres in the Light Industrial Zoning
District; and; and
WHEREAS, on March 25, 2021, the applicant requested an extension of site plan
approval with the knowledge that the approved project would not be completed within
the eighteen-month site plan approval granted; and
WHEREAS, at a Work Session held on April 5, 2021, the Planning Board reviewed the
application and determined that the Site Plan remains in compliance with current rules
and regulations; and
Southold Town Planning Board Public Meeting —January 8, 2024 — Page 26
WHEREAS, on April 5, 2021, the Southold Town Planning Board granted an Extension
of Approval with Conditions, listed below, to January 11, 2024 of the site plan entitled
"North Fork Self Storage #3" prepared by Kenneth H. Beckman, L.S., dated March
2018, and last revised December 22, 2020; and
WHEREAS, on December 5, 2023, the applicant requested an extension of site plan
approval for 36 months (3 years) due to reasons detailed in the January 8, 2024 work
session staff report; and
WHEREAS, at a Work Session held on January 8, 2024, the Planning Board reviewed
the application and determined that the Site Plan remains in compliance with current
rules and regulations; therefore be it
RESOLVED, that the Southold Town Planning Board grants an Extension of Approval
with Conditions, listed below, from January 8, 2024 to January 8, 2027 of the site plan
entitled "North Fork Self Storage#Y prepared by Kenneth H. Beckman, L.S., dated
March 2018, and last revised December 22, 2020.
Conditions
1. 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.
2. All trees and landscaping are required to be maintained by the property owner as
shown on the approved site plan. Should a tree die or otherwise be destroyed, it
must be replaced by the property owner with the same species and size as
shown on the approved site plan during the next planting season for the
particular plant material. Any change in tree or landscaping species must be
approved in writing by the Planning Board.
Pierce Rafferty: Second.
Donald Wilcenski: Motion made by Martin, seconded by Pierce. Any discussion?All in
favor?
Ayes.
Opposed?
None.
Motion carries.
Southold Town Planning Board Public Meeting —January 8, 2024 — Page 27
SUBDIVISIONS
SET HEARING/SEQRA DETERMINATION
Donald Wilcenski: Hirsch & DHC Land Resubdivision —This resubdivision proposes to
transfer a 35' strip of land consisting of 30,362.76 sq. ft. from Lot 1 to 2 in the R-80 Zoning
District for a right of way access. Following the transfer Lot 1 (SCTM#1000-115-10-1) will
equal 620,542 sq. ft. and remain conforming in the R-80 Zoning District and Lot 2
(SCTM#1000-115-10-2) will equal 74,995 sq. ft. and remain conforming in the R-40 Zoning
District. The property is located at 5028 &4180 New Suffolk Avenue, Mattituck.
SCTM#1000-115-10-1 & 2
Martin Sidor:
WHEREAS, on November 15, 2023, the applicant submitted a Resubdivision
application for review by the Southold Town Planning Board; and
WHEREAS, this resubdivision proposes to transfer a 35' strip of land consisting of
30,362.76 sq. ft. from Lot 1 to 2 in the R-80 Zoning District for a right of way access.
Following the transfer Lot 1 (SCTM#1000-115-10-1) will equal 620,542 sq. ft. and
remain conforming in the R-80 Zoning District and Lot 2 (SCTM#1000-115-10-2) will
equal 74,995 sq. ft. and remain conforming in the R-40 Zoning District; and
WHEREAS, at their work session on December 18, 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:
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, 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
Southold Town Planning Board Public Meeting —January 8, 2024 — Page 28
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, 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;" 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 (B): Yield Plan;
d. §240-10 (C): Primary & Secondary Conservation Area Plan;
e. Article VI: Preliminary Plat Review;
Pierce Rafferty: Second.
Donald Wilcenski: Motion made by Martin, seconded by Pierce. Any discussion? All in
favor?
Ayes.
Opposed?
None.
Motion carries.
Martin Sidor: And be it further
RESOLVED, that the Southold Town Planning Board sets Monday, February 5, 2024 at
6:02 p.m. for a Public Hearing regarding the Resubdivision entitled "Lot Line
Modification for DHL Land LLC and Hirsch," prepared by Kenneth Y Woychuck Land
Surveying, last revised August 28, 2023.
Southold Town Planning Board Public Meeting —January 8, 2024 — Page 29
Pierce Rafferty: Second.
Donald Wilcenski: Motion made by Martin, seconded by Pierce. Any discussion?All in
favor?
Ayes.
Opposed?
None.
Motion carries.
Donald Wilcenski: Brown & Linnet Standard Subdivision —This proposal is for the
standard subdivision of a 0.52-acre parcel into two 0.26-acre lots in the R-40 Zoning
District. Lot 1 will contain the existing two-family dwelling, and Lot 2 will contain the
existing single-family dwelling. The Zoning Board of Appeals has granted approval of
the non-conforming lot areas in Appeal #7674. The property is located at 465 Brown
Street & 711 Linet Street, Greenport. SCTM#1000-48-3-20.1
Martin Sidor:
WHEREAS, on October 19, 2022, the applicant submitted a Standard Subdivision
Application for review by the Southold Town Planning Board; and
WHEREAS, this Standard Subdivision proposes to subdivide a 0.52-acre parcel into two
0.26-acre lots in the R-40 Zoning District. Lot 1 will contain the existing two-family
dwelling, and Lot 2 will contain the existing single-family dwelling; and
WHEREAS, the subdivision required substantial area variances; and
WHEREAS, in their comments to the Zoning Board of Appeals (ZBA) regarding the area
variances, the Planning Board found that the situation is unique in that the dwelling units
already exist and were previously granted variances by the Zoning Board to exist
legally, and the effect of these variances would not significantly change the density in
the neighborhood. An additional consideration was that the location of the two buildings
on the property were such that two regularly-shaped lots with each building being
generally well-located within the lots was possible, therefore the Planning Board
supported the variances; and
WHEREAS, on September 15, 2022, the ZBA granted the area variances in their file
#7674; and
WHEREAS, at their work session on February 27, 2023, the Planning Board found the
Preliminary Plat Application to be complete; and
Southold Town Planning Board Public Meeting —January 8, 2024 — Page 30
WHEREAS, the Planning Board has determined the proposed action to be Unlisted as it
does not fall within the Type I or Type II actions pursuant to the State Environmental
Quality Review Act (SEQRA) 617.5; and
WHEREAS, on July 11, 2023 the Southold Town Planning Board granted Conditional
Sketch Plan Approval upon the map entitled "Subdivision Sketch at Brown & Linnett"
prepared by Kenneth M. Woychuck Land Surveying, dated September 18, 2021 and
last revised February 7, 2022"; and
WHEREAS, all requirements of Article V Sketch Plat have been met; therefore, be it
WHEREAS, on July 10, 2023 the Southold Town Planning Board granted Conditional
Sketch Plan Approval upon the map entitled "Subdivision Sketch at Brown & Linnett"
prepared by Kenneth M. Woychuck Land Surveying, dated September 18, 2021 and
last revised February 7, 2022, conditions:
1. Submit a complete Preliminary Plat Application with a Preliminary Plat containing
the following corrections and additions:
a. Show the locations of proposed concrete monuments to mark the new lot
corners.
b. Change the name of the Preliminary Plat to the following:
"Brown & Linnet Standard Subdivision".
C. Change the notation on the building on proposed Lot 1 from "multi-family"
to "two-family".
d. Make the proposed lot line solid and remove the notation "Proposed Lot
Line" and,
WHEREAS, all conditions of Conditional Sketch Plat Approval have been met; and
WHEREAS, on November 15, 2023, the Suffolk County Department of Health Services
issued an Approval of Constructed Works and sewer connection approval for "465
Brown" existing single-family structure on the parcel; therefore, be it
RESOLVED, that the Southold Town Planning Board performed an uncoordinated
review of this action and issues a Negative Declaration;
Pierce Rafferty: Second.
Donald Wilcenski: Motion made by Martin, seconded by Pierce. Any discussion?All in
favor?
Ayes.
Opposed?
None.
Southold Town Planning Board Public Meeting —Janua ry8 2024 — Page 31
Motion carries.
Martin Sidor: And be it further
RESOLVED, that the Southold Town Planning Board sets Monday, February 5, 2024 at
6:01 p.m. for a Public Hearing regarding the "Subdivision Sketch at Brown & Linnett"
prepared by Kenneth M. Woychuck Land Surveying, dated September 18, 2021 and
last revised August 5, 2023.
Pierce Rafferty: Second.
Donald Wilcenski: Motion made by Martin, seconded by Pierce. Any discussion? All in
favor?
Ayes.
Opposed?
None.
Motion carries.
CONDITIONAL FINAL PLAT DETERMINATION EXTENSION
Donald Wilcenski: Paul's Lane & Leon Petroleum Resubdivision —This
Resubdivision proposes to transfer 31,914 sq. ft. from SCTM#1000-74.4-5 (Parcel 1) to
SCTM#1 000-74.-4-7.1(Parcel 2). Parcel 1 will decrease in area from 2.7 acres to 1.9
acres and be zoned Limited Business (LB), and Parcel '2 will increase in area from 0.8
acres to 1.5 acres and be split zoned General Business (B) and LB zone. 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
Martin Sidor:
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 (Parcel 1) to SCTM#1000-74.-4-7.1(Parcel 2). Parcel 1 will decrease in area
from 2.7 acres to 1.9 acres and be zoned Limited Business (LB), and Parcel 2 will
increase in area from 0.8 acres to 1.5 acres and be split zoned General Business (B)
and LB zone; and
WHEREAS, the Southold Town Planning Board granted a Conditional Final Plat
Approval upon the map entitled "Resubdivision of 420 Paul's Lane LLC," prepared by
Southold Town Planning Board Public Meeting —January 8, 2024 — Page 32
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; and
WHEREAS, the Conditional Final Plat Approval expired on December 6, 2023; and
WHEREAS, the applicant has requested a six-month extension; therefore, be it
RESOLVED, that the Southold Town Planning Board extends Conditional Final Plat
Approval for this application to January 8, 2025.
Pierce Rafferty: Second.
Donald Wilcenski: Motion made by Martin, seconded by Pierce. Any discussion?All in
favor?
Ayes.
Opposed?
None.
Motion carries.
Southold Town Planning Board Public Meeting —January 8, 2024 — Page 33
PUBLIC HEARINGS
Donald Wilcenski: 6:01 PM - Tesla Charging Stations — This amended site plan is
for the proposed construction of eight (8) Tesla Super Charger stations, associated
equipment and landscaping, on a 0.69 acre site where there is an existing 9,400 sq. ft.
commercial building in the General Business (B) Zoning District. The property is located
at 46455 Route 48, Southold. SCTM#1000-55-2-20
At this time, if anybody would like to address the Board, please step to the podium,
state your name and write your name for the record. We don't have anybody in here, is
there anyone on Zoom?
Brian Cummings: The agent is on Zoom.
Jessca Michaelis: No one's raised their hand.
Heather Lanza: They need to make a presentation, or at least mention the project so
we have a record.
Donald Wilcenski: Okay, is anyone representing Tesla on Zoom?
Jessica Michaelis: Go ahead, just state your name for the record?
Franz Gerdes: Hello, can you hear me? Franz Gerdes.
Donald Wilcenski: Yes.
Franz Gerdes: Hi, yes. We're seeking amended site plan approval for our proposed
charging station in Southold. We'll be deploying eight charging stations in existing
charging stalls. One of them will be van accessible and will be getting power from
PSEG. The Board requesting some landscape screening in front of our equipment,
which we've also added to the drawings and I'm happy to answer any questions.
Donald Wilcenski: Thank you, does anybody have any questions for Franz?
No's
Donald Wilcenski: Anybody from staff?
N o's
Donald Wilcenski: Great! That is it. Thank you, Franz. We need a motion to close the
hearing.
Martin Sidor: I make a motion to close the hearing.
Southold Town Planning Board Public Meeting —January 8, 2024 — Page 34
Pierce Rafferty: Second.
Donald Wilcenski: Motion made by Martin, seconded by Pierce. Any discussion? All in
favor?
Ayes.
Opposed?
None.
Motion carries.
Donald Wilcenski: 6:02 PM -Woodhull Resubdivision —This resubdivision
proposes to transfer ± 9,722 sq. ft. from SCTM#1000-122.-6-35.7 to SCTM#1000-122.-
6-35.5 resulting in the decrease of SCTM#1000-122.-6-35.7 from ± 80,664 sq. ft. to ±
70,744 sq. ft. and the increase of SCTM#1000-122.-6-35.5 from ± 22,331 sq. ft. to ±
32,053 sq. ft. in the General Business Zoning District. The property is located at 7217 &
7255 Main Road, Mattituck. SCTM#1000-122-6-35.7 & 35.5
At this time, if anybody would like to address the Board, please step to the podium,
state your name and write your name for the record.
Christopher Dwyer: Christopher Dwyer, associate at LK McLean Associates. 437
South Country Road, Brookhaven, NY 11719. I'm here to answer any questions that are
raised by the Board or others.
Donald Wilcenski: Thank you, does anybody have any questions?
No's
Donald Wilcenski: Any staff have any questions for Chris?
No's
Donald Wilcenski: Is there anyone on Zoom? No?
Alright, seeing and hearing none, can I get a motion to close the hearing.
Martin Sidor: I make a motion to close the hearing.
Pierce Rafferty: Second.
Donald Wilcenski: Motion made by Martin, seconded by Pierce. Any discussion? All in
favor? J
Southold Town Planning Board Public Meeting —January 8, 2024 — Page 35
Ayes.
Opposed?
None.
Motion carries.
Donald Wilcenski: 6:03 PM - Maftituck Contractors Campus--This site plan
application is for the proposed construction of two commercial contractor office and
storage buildings at 7,000 sq. ft. and 4,700 sq. ft., off-street parking, ingress/egress
driveway, utilities and other site amenities on 1.83 acres in the General Business
Zoning District. The property is located at 7217 & 7255 Main Road, Mattituck.
SCTM#1000-122-6-35.7 & 35.5
Chris?
Christopher Dwyer: Chris Dwyer, associate at LK McLean Associates. 437 South
Country Road, Brookhaven, NY 11719. I'm here to answer any questions that may be
raised by the Board, Staff or others.
Donald Wilcenski: Thank you, does any of the Planning Board have any questions?
No's
Donald Wilcenski: Anybody from Staff? Any staff members have any questions?
No's
Donald Wilcenski: Seeing none, can I get a motion to close the hearing?
Martin Sidor: I make a motion to close the hearing.
Pierce Rafferty: Second.
Donald Wilcenski: Motion made by Martin, seconded by Pierce. Any discussion? All in
favor?
Ayes.
Opposed?
None.
Motion carries.
Southold Town Planning Board Public Meeting —January 8, 2024— Page 36
Donald Wilcenski: Can we get a motion for adornment?
Martin Sidor: So moved.
Pierce Rafferty: Second.
Donald Wilcenski: Motion made by Martin, seconded by Pierce. Any discussion?All in
favor?
Ayes.
Opposed?
None.
Motion carries.
There being no further business to come before the Board, the meeting was adjourned.
R�,sp'ectfully submitted,
Jessica Michaelis
Transcribing Secretary
Donald Wilcenski, Member