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Home My WebLink AboutPB-02/05/2024 OFFICE LOCATION: MAILING ADDRESS: Town Hall Annex rjF S0� P.O.Box 1179 54375 State Route 25 O�� ryOl Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) h Southold,NY Telephone: 631 765-1938 www.southoldtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD PUBLIC MEETING MINUTES February 5, 2024 6:00 p.m. Present were: James H. Rich III, Chairman Mia Jealous-Dank, Vice-Chairperson Donald-Wilcenski, Member;.- MartihZidor, Member :. Pierce Rafferty, Member Heather Lanza, Planning Director Brian Cummings, Senior Planner Mara Cerezo, Planner James Squicciarini, Deputy Town Attorney Jessica Michaelis, Senior Office Assistant Chairman Rich: Good Evening and welcome to the Public Meeting for Monday, February 5, 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 Chairman Rich: The first order of business is to Monday, March 11, 2024 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. Donald Wilcenski: Second. Southold Town Planninq Board Public Meetinq — February 5, 2024 — Page 2 Chairman Rich: Motion made by Martin, seconded by Don. Any discussion?All in favor? Ayes. Opposed? None. Motion carries. SUBDIVISIONS ACCEPT BOND ESTIMATE & BOND Chairman Rich: Marratime Capital / Messina Conservation Subdivision - This 80/60 conservation subdivision has been approved for eight (8) residential lots. This performance bond is for the purchase and planting of the required street trees. The properties are located on the west side of Laurel Avenue, Southold. SCTM#1000-55-6-36.1, 36.2, & 1000-56-1- 1.1, 1.2, 1.3, 1.4, 1.5, 1.6 Mia Jealous-Dank: Mr. Chairman, WHEREAS, on June 5, 2023 the Planning Board granted Final Plat Approval upon the application, and the subdivision map has been filed with, the Suffolk County Clerk; and WHEREAS, one of the covenants required that street trees be planted prior to building permits being issued; and WHEREAS, due to the timing of the issuance of building permits, which are expected this winter, planting trees before then is not possible due to it being winter; and WHEREAS, the landowner has requested, and the Planning Board has agreed, to a performance bond being posted to ensure the street trees are planted; and WHEREAS, on January 22, 2024, the Planning Board reviewed the performance bond estimate provided by the landowner, and agreed to the amount of$20,000 to guarantee the purchase, planting and survival of 36 street trees; and WHEREAS, on February 2, 2024, the applicant submitted a draft Letter of Credit for review with the following language: "IRREVOCABLE STANDBY LETTER OF CREDIT Town of Southold Town Hall Annex Southold Town Planninq Board Public Meeting — February 5, 2024 — Page 3 54375 State Route 25 Southold, NY 11971 Re: Marratime Capital V LLC We hereby establish our Irrevocable Standby Letter of Credit No. DRAFT in favor of Town of Southold, hereinafter referred to as "Beneficiary", at the request of Marratime Capital V LLC, hereinafter referred to as "Applicant", in an amount not to exceed in the aggregate Twenty Thousand and 00/100 ($20,000.00) U.S. Dollars. Funds are available by your draft on us at sight bearing the clause: "Drawn under TD Bank, N. A. Letter of Credit No. DRAFT dated January 31, 2024" and accompanied by the following documents: 1. This original Letter of Credit and any amendments thereto. 2. A statement purportedly signed by the Town Planning Director stating that: "Marratime Capital V LLC has not performed in accordance with the terms and conditions of the declaration of covenants and restrictions between Marratime Capital V LLC and Town of Southold, and filed with the Suffolk County Clerk at Liber D00013200 Page 222, and the approved filed subdivision map on file with the Suffolk County Clerk as File#12281 Messina 80/60 Clustered Conservation Subdivision." Specifically, Marratime Capital V, LLC has failed to plant and maintain thirty-six (36) street trees along Laurel Avenue as shown on the Subdivision Map, The declaration of covenants further requires the tree species to be acceptable to the Planning Board. Marratime Capital V, LLC, agrees to and shall comply with the aforementioned conditions of the recorded covenants. It is a condition of this Letter of Credit that it will be extended automatically without amendment, for additional periods of one (1) year from the present or each future expiration date, unless at least thirty (30) days prior to the current expiration date, we notify you in writing by overnight courier at the above address, that we elect not to renew this Letter of Credit for said additional period. This Letter of Credit sets forth in full the terms of our undertaking and such undertaking shall not in any way be modified, amended or amplified by reference to any document, instrument or contract referred to herein or in which this)Letter of Credit is referred to or to which this Letter of Credit relates, and any such reference shall not be deemed to incorporate herein by reference any document, instrument or contract. We hereby agree that draft(s) drawn under and in compliance with the terms of this Letter of Credit will be duly honored upon receipt of documents as specified above, which may be presented in person or sent via overnight courier at our office located at 6000 Atrium Way, Mt. Laurel, NJ 08054 on or before the expiration date noted above or any extended date. Southold Town Planninq Board Public Meeting — February 5, 2024— Page 4 Except so far as otherwise expressly stated herein, this Letter of Credit is subject to the "Uniform Customs and Practice for Documentary Credits (2007 Revision) International Chamber of Commerce, Publication No. 600." and WHEREAS, after review by the Southold Town Attorney's office, the above language was found to be acceptable; therefore be it RESOLVED, that the Southold Town Planning Board will accept the Letter of Credit issued by TD Bank in the amount of$20,000 with the condition that it includes the wording listed above, and recommends same to the Town Board. Pierce Rafferty: Second. Chairman Rich: Motion made by Mia, seconded by Pierce. Any discussion?All in favor? Ayes. Opposed? None. Motion carries. PUBLIC HEARINGS Chairman Rich: 6:01 PM - 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 Linnet Street, Greenport. SCTM#1000-48-3-20.1 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. Southold Town Planning Board Public Meeting — February 5, 2024 — Page 5 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? No'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. Pierce Rafferty: Second. Chairman Rich: Motion made by Martin, seconded by Pierce. Any discussion?All in favor? Ayes. Opposed? None. Motion carries. Chairman Rich: 6:02 PM - 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 Southold Town Planning Board Public Meeting — February 5, 2024 — Page 6 conforming in the R-40 Zoning District. The property is located at 5028 &4180 New Suffolk Avenue, Mattituck. SCTM#1000-115-10-1 & 2 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. Chairman Rich: Motion made by Martin, seconded by Pierce. Any discussion?All in favor? Ayes. Opposed? None. Motion carries. Chairman Rich: Can we get a motion for adornment? Martin Sidor: So moved. Pierce Rafferty: Second. Chairman Rich: Motion made by Martin, seconded by Pierce. Any discussion?All in favor? Southold Town Planning Board Public Meeting — February 5, 2024 — Page 7 Ayes. Opposed? None. Motion carries. There being no further business to come before the Board, the meeting was adjourned. Respectfully submitted, Jessica Michaelis Transcribing Secretary Chairman Rich, Chairman