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HomeMy WebLinkAboutPB-07/08/2024 OFFICE LOCATION: �pF S0(/r MAILING ADDRESS: Town Hall Annex ��� Ol0 P.O. Box 1179 54375 State Route 25 Southold, NY 11971 (cor.Main Rd. &Youngs Ave.) Southold, NY G N Telephone: 631 765-1938 �p www.southoldtownny.gov �olyc0 �� UNT`I, PLANNING BOARD OFFICE TOWN OF SOUTHOLD PUBLIC MEETING MINUTES July 8, 2024 5:00 P.M. Present were: James H. Rich III, Chairman Mia Jealous-Dank, Vice-Chairperson Donald Wilcenski, Member Martin Sidor, 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 Caitlin Westermann, Office Assistant Chairman Rich: Good evening and welcome to the Public Meeting for Monday, July 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 ;THENEXT PLANNING BOARD:MEETING. Chairman Rich: The first order of business is to Monday, August 5, 2024 at 5:00 p.m. at the Southold Town Hall, Main Road, Southold, as the time and place for the next regular Planning Board Meeting. Mia Jealous-Dank: So, moved. Southold Town Planning Board Public Meeting —July 8, 2024 — Page 2 Donald Wilcenski: Second. Chairman Rich: Motion made by Mia, seconded by Don. Any discussion? All in favor? Ayes. Opposed? None. Motion carries. SITE PLAN APPLICATIONS SEQRA DETERMINATION Chairman Rich: Mattituck Gas Station & Convenience Store—This Site Plan is for the proposed demolition of an existing 1-story 1,595 sq. ft. convenience store and gas station with 9 fuel pumps, the lot merger of SCTM#1000-122.-7-1 and SCTM#1000- 122.-7-3.2, and the construction of a 2-story 5,000 gross sq. ft. building for office and convenience store with vehicle fuel sales, a 152' x 24' (3,648 sq. ft.) canopy with 12 fuel pumps, and 34 parking stalls (12 of which are at the pumps) on 1.39 acres in the General Business (B) Zoning District. The property is located at 7400 Route 25 & 535 Old Main Road, Mattituck. SCTM#1000-122.-7-1 & 3.2 Pierce Rafferty: Mr. Chairman, I offer the following: WHEREAS, this Site Plan is for the proposed demolition of an existing 1-story 1,595 sq. ft. gas station and convenience store with 9 fuel pumps, the lot merger of SCTM#1000- 122.-7-1 and SCTM#1000-122.-7-3.2, and the construction of a 2-story 5,000 gross sq. ft. building for office and convenience store with vehicle fuel sales, a 152' x 24' (3,648 sq. ft.) canopy with 12 fuel pumps, and 34 parking stalls (12 of which are at the pumps) on 1.39 acres in the General Business (B) Zoning District; and WHEREAS, on May 6, 2024, the Southold Town Planning Board, pursuant to State Environmental Quality Review (SEQR) 6 NYCRR, Part 617, determined the proposed action as an Unlisted Action; and WHEREAS, on May 6, 2024, the Southold Town Planning Board, pursuant to State Environmental Quality Review (SEQR) 6 NYCRR, Part 617, determined the proposed action as an Unlisted Action; and WHEREAS, pursuant to 6 NYCRR Part 617, Section 617.7 of the State Environmental Quality Review Act (SEQRA), the Planning Board coordinated with all involved agencies on May 31, 2024; and Southold Town Planning Board Public Meeting —July 8, 2024 — Page-3 WHEREAS, no objections to the Planning Board received no objections to assuming Lead Agency for the proposed action; 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); therefore be it RESOLVED, that the Southold Town Planning Board hereby declares itself lead agency for SEQRA review of this action. Mia Jealous-Dank: Second. Chairman Rich: Motion made by Pierce, seconded by Mia. 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 significance for the proposed action and issues a Positive Declaration. Mia Jealous-Dank: Second. Chairman Rich: Motion made by Pierce, seconded by Mia. At this point, I'm going to take a roll call vote on this declaration. Mr. Pierce? Pierce Rafferty: I'm in favor. Mia Jealous-Dank: Aye. Martin Sidor: No. Donald Wilcenski: Yes. Chairman Rich: And I'm in favor, so a 4 to 1 in favor of the SEQRA determination. Southold Town Planning Board Public Meeting —July 8, 2024 — Page 4 SITE PLAN DETERMINATION & SEQRA FINDINGS Chairman .Rich: Strong's Storage Buildings Findings Statement—The Findings Statement for the Strong's Storage Buildings Site Plan has been completed and is ready to be accepted. The subject of this Findings Statement is 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 & 10 Before we go any further, I'd like to just take a minute to make a few comments on this application: I wish to thank everybody in the community for all your hard work and your input to this. I want to thank the applicant for their hard work and all the effort they put into it and I want to thank our staff at the Planning Board, they've done a tremendous amount of work— I have boxes and boxes of stuff to read and have been through — it's a tremendous amount of work that the staff has done and everybody here has done. So, I'd just like to thank everybody. Regarding the agenda items for these Storage buildings: The Planning Board received a letter from the applicant on July 2, stating that they are preparing a revised site plan that will substantially—that's their words — reduce the scale and materially change the scope of the project. In light of this new information, recommend that we adjourn this agenda item for 30 days, so that we can receive and can consider the revised site plan the applicant intends to submit as we are required to do so under SEQRA process. Again, this is something that we are advised to do by our council and so we are going to proceed in this manner. Can I have a motion to adjourn this resolution to adopt the SEQRA findings for Strong's Storage Buildings until August 5, 2024 with the condition that we receive a revised site plan application by July 22, 2024. Mia Jealous-Dank: So moved. Martin Sidor: Second. Chairman Rich: Motion made by Mia, seconded by Martin. Any discussion? I'm going to ask for a roll call vote, Pierce? Pierce Rafferty: I'm in favor. Mia Jealous-Dank: I'm in favor. Martin Sidor: Yes. Chairman Rich: And I'm in favor, Don has recused himself so he's not in a position to vote on this. For the same reason I will ask for a motion to adjourn the resolution to Southold Town Planning Board Public Meeting —July 84 2024 — Paye 5 deny the application for Strong's Storage Building until August 5, 2024 with the condition that we receive a revised site plan application by July 22, 2024. Mia Jealous-Dank: So moved. Martin Sidor: Second. Chairman Rich: Motion made by Mia, seconded by Martin. Any discussion?Again, I'm going to ask for a roll call vote, Pierce? Pierce Rafferty: I'm in favor. Mia Jealous-Dank: I'm in favor. Martin Sidor: Yes. Chairman Rich: And I'm in favor of it to, so that's 4 to nothing — again, Don has recused himself. We understand that we said we would make a decision on the application tonight. However, at that time, the applicant had made no indication they would revise the plans. All applicants have the right to submit revised plans at any time prior to a final decision on an application, and this applicant has made it clear they intend to submit a revised plan that will substantially reduce the scale and materially change the scope of this project. Any revised applications will be scrutinized thoroughly. Thank you for your understanding. SUBDIVISIONS SET FINAL PLAT HEARING Chairman Rich: The Orchards Standard Subdivision —This proposal is for a Clustered Standard Subdivision to subdivide a 13.3-acre parcel into five lots where Lot 1 = 9.33 acres including a 1.35 acre building envelope and 7.98 acres of preserved Open Space, 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 Mia Jealous-Dank: Mr. Chairman, 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 Southold Town Planning Board Public Meeting —July 8, 2024 — Page-6 WHEREAS, on December 9, 2014 the applicant submitted a Preliminary Plat application; and WHEREAS, on March 10, 2015, public meeting, the Southold Town 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 Southold Town 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 Southold Town 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 issued a Positive Declaration; and 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 Southold Town Planning Board found that the Draft Environmental Impact Statement adequate for public review and comment; WHEREAS, on December 7, 2020 the Southold Town Planning Board held a public hearing on the Draft Environmental Impact Statement and the subdivision application and held it open until January 11, 2021; and WHEREAS, on February 4, 2022, the applicant submitted a Final Environmental Impact Statement for the action; and WHEREAS, the Southold Town Planning Board reviewed and revised the Final Environmental Impact Statement; and Southold Town Planning Board Public Meeting —July 8, 2024 — Page-7 WHEREAS, on September 12, 2022, the Southold Town Planning Board accepted and adopted the Final Environmental Impact Statement for the action; and WHEREAS, on January 9, 2023 and pursuant to SEQRA, the Planning Board adopted the Findings Statement for the action; and WHEREAS, on June 5, 2023 the Southold Town Planning Board granted 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 and all conditions have been met or forwarded; and WHEREAS, on May 15, 2024 the Southold Town Fire Marshal approved the access road design; and WHEREAS, on October 24, 2023 the Final Plat Application was received; and WHEREAS, on February 5, 2024 the Southold Town Planning Board determined Final Plat Application was complete; and WHEREAS, at their work session on June 17, 2024, the Southold Town Planning Board reviewed the Final Plat application for required revisions and found that the application was ready for a conditional determination; and WHEREAS, the Southold Town Planning Board reviewed the Final 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 sets Monday, August 5, 2024 at 5:01 p.m. for a Public Hearing regarding the "Subdivision of Property The Orchards" prepared by Lahti Engineering and Environmental Consulting P. C., dated June 15, 2013 and last revised October 2, 2023. Martin Sidor: Second. Chairman Rich: Motion made by Mia, seconded by Martin. Any discussion?All in favor? Ayes. Opposed? None. Motion carries. Southold Town Planning Board Public Meeting —July 8, 2024 — Page 8 SET PRELIMINARY PLAT HEARING Chairman Rich: NFBG Subdivision —This standard subdivision proposes to subdivide 28.9 acres into 3 lots where Lot 1 is 5 acres and includes a 2-acre development area and 3 acres of open space, Lot 2 is 19.63 acres upon which development rights have been sold, and Lot 3 is 4.17 acres and includes a 1.64-acre development area and 2.55 acres of open space in the AC Zoning District. The property is located at 2458, 2462 Elijah's Lane, Cutchogue. SCTM#1000-108.-8-6.3, 6.4 & 6.5 Martin Sidor: WHEREAS, this Standard Subdivision proposes to subdivide 28.9 acres into 3 lots where Lot 1 is 5 acres and includes a 2-acre development area and 3 acres of open space, Lot 2 is 19.63 acres upon which development rights have been sold, and Lot 3 is 4.17 acres and includes a 1.64-acre development area and 2.55 acres of open space in the AC Zoning District; and WHEREAS, on November 20, 2023, the applicant submitted a Preliminary Plat application and fee; and WHEREAS, on March 25, 2024, the Southold Town Planning Board found the Preliminary Plat Application incomplete due to unsatisfied Sketch Plan Approval conditions; and WHEREAS, on March 29, 2024, the applicant submitted a new plat that met the conditions; and WHEREAS, on June 17, 2024, the Southold Town Planning Board determined that the Preliminary Plat application was complete; therefore be it RESOLVED, that the Southold Town Planning Board sets Monday, September 9, 2024 at 5:01 p.m. for a Public Hearing regarding the "Subdivision NFBG LLC." prepared by Howard W. Young, Land Surveyor on April 12, 2023, and last revised on March 26, 2024. Donald Wilcenski: Second. Chairman Rich: Motion made by Martin, seconded by Don. Any discussion?All in favor? Ayes. Opposed? , None. Southold Town Planning Board Public Meeting —July 8, 2024 — Page 9 Motion carries. CONDITIONAL FINAL PLAT DETERMINATION Chairman Rich: Peconic Onwego Standard Subdivision —This Standard Subdivision proposes to subdivide a 3.65-acre parcel into 2 lots. Lot 1 equals 2.73 acres and Lot 2 equals 0.92 acres in the Limited Business and Residential Office Zoning Districts. The property is located at 32900 County Road 48, Peconic. SCTM#1000-74.- 4-14.3 Donald Wilcenski: WHEREAS, this Standard Subdivision proposes to subdivide a 3.65-acre parcel into 2 lots. Lot 1 equals 2.73 acres and lot 2 equals 0.92 acres in the Limited Business and Residential Office Zoning Districts; and WHEREAS, on March 11, 2021 the applicant submitted a Subdivision Application for review by the Southold Town Planning Board; and WHEREAS, on February 7, 2022, the Southold Town Planning Board determined that this proposed action is an Unlisted Action under SEQRA; and WHEREAS, at their public meeting on February 7, 2022 the Southold Town Planning Board, pursuant to §240-56 Waivers of certain provisions, waived the following provisions of subdivision: a. §240-10 (A): Existing Resources Site Analysis Plan (ERSAP); b. §240-10 (B): Yield Plan; c. §240-10 (C): Primary & Secondary Conservation Area Plan; d. Article IX: Draft and Final Bond Estimate; and WHEREAS on July 20, 2022 the Suffolk County Planning Commission responded that they considered the application to be a matter for local determination; and WHEREAS, prior to the Suffolk County Department of Health Services (SCDHS) approval, sign-off from the Office of Pollution Control is required for the application (Contact 631-854-2388); and WHEREAS, the Southold Town 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 Southold Town Planning Board Public Meeting —July 8, 2024 — Page 10 WHEREAS, On September 13, 2023, the Southold Town Planning Board, pursuant to State Environmental Quality Review Act (SEQRA) 6 NYCRR, Part 617, granted a Negative Declaration for the action, and be it further; and WHEREAS, On September 13, 2023, the Southold Town Planning Board found that this proposed action is Consistent with the policies of the Town of Southold Local Waterfront Revitalization Program; and WHEREAS, on September 13, 2023, the Southold Town Planning Board granted conditional Preliminary Plat Approval, and all conditions have been met; and WHEREAS, on March 1, 2024 the applicant submitted a Final Plat application; and WHEREAS, on April 8, 2024, the Southold Planning Board found the Final Plat Application complete at their work session; and WHEREAS, the size of the subject parcel is 3.65 acres and it is bordered on one side by Suffolk County Route 48, and on the other sides by residential development. Suitable land does not exist within the proposed subdivision to accommodate a public park or playground due to the limited acreage of the parcel and current use; and WHEREAS, on June 5, 2024, the Southold Planning Board made a finding that the proposed subdivision plat presents a proper case for requiring a park for recreational purposes but that a suitable park cannot be properly located on this site due to the site is small in size and that the applicant must pay a fee in lieu thereof, pursuant to 240-53 G of the Southold Town Code. The fee is $7,000 per new lot created; and WHEREAS, the Southold Town Planning Board will require a $7,000.00 Park & Playground fee, pursuant to 240-53 G of the Southold Town Code; and WHEREAS, the Southold Town Planning Board will require a $2000,00 Administrative Fee pursuant to § 240-37. Administration fee of the Southold Town Code; and WHEREAS, at their work session on April 8, 2024 pursuant to § 240-24. Public Hearing, the Southold Planning Board found that the final plat is in substantial agreement with the preliminary plat approved pursuant to this chapter, and agreed to waive the public hearing on the final plat; therefore, be it RESOLVED, that the Southold Town Planning Board hereby waives the public hearing on the final plat; Pierce Rafferty: Second. Chairman Rich: Motion made by Don, seconded by Pierce. Any discussion?All in favor? Southold Town Planning Board Public Meeting —July 8, 2024 — Page 11 Ayes. Opposed? None. Motion carries. Donald Wilcenski: And be if further RESOLVED, that the Southold Town Planning Board hereby grants Conditional Final Plat Approval upon the map entitled "Standard Subdivision of Peconic Onwego" prepared by Kenneth M. Woychuck Land Surveying dated February 16, 2020 and last revised February 17, 2022 with the following conditions: 1. Approval by the Suffolk County Department of Health Services is required. a. Prior to SCDHS approval, sign-off from the Office of Pollution Control is required for the application. Contact Oksana Dzhavala at 631-854-2388. 2. Pay the Administration Fee in the amount of$2000.00. 3. Submit the required Park and Playground Fee pursuant to §240-53 G. of the Southold Town Code in the amount of$7,000. 4. Install property monuments pursuant to Town Code § 240-41 Mapping of completed improvements; monuments. Section C. Monuments. 5. Recording of Covenants and Restrictions with the Suffolk County Clerk, after a draft is reviewed and approved by the Southold Town Planning Board. A draft will be provided by the Planning Department and will include, but not be limited to the following clauses: a. Establish a vegetative buffer on the Lot 2 east property boundary with a width of 20' and a distance of 267'. The existing trees are to be incorporated within the buffer and left in their natural state. b. Further mitigation to reduce total nitrogen loading on lot 2 will involve the installation of I/A OWTS or similar technology. c. Require the use of native, drought-tolerant plants in landscaping. d. The irrigation area shall be limited to 15 percent of the lot area. Rain sensors are required to promote responsible irrigation methods. e. Require only the use of organic fertilizers where the water-soluble nitrogen Southold Town Planning Board Public Meeting —July 8, 2024 — Page 12 is no more than 20% of the total nitrogen in the mixture. f. Require a maximum of 1 lb. of nitrogen per 1,000 square feet in any one application, with a cumulative application of no more than 2 lbs. per 1,000 square feet per year. g. Prohibit the application of fertilizer products containing nitrogen, phosphorus, or potassium between November 1 st and April 1 st. h. The use of phosphorous containing lawn fertilizer is prohibited unless establishing a new lawn or soil test shows that the lawn does not have enough phosphorus. Fertilizer labels have three bold numbers. The number in the middle is the percentage of phosphorus in the product, e.g. 22-0-15. Use of products with 0.67 in the middle or lower is not restricted. Products with a number higher than 0.67 may only be used if a new lawn is being established or a soil test indicates it is necessary. Pierce Rafferty: Second. Chairman Rich: Motion made by Don, seconded by Pierce. Any discussion?All in favor? Ayes. Opposed? None. Motion carries. Chairman Rich: Sidor Family Open Development Area Lot Creation —This proposal is for the creation of three lots from a 61-acre open development area that was approved by the Planning Board and Town Board in 2014. Proposed Lot 1 equals 2.6 acres, Lot 2 equals 2.7 acres, and Lot 3 equals 1.8 acres. This property includes a LIPA Easement and 53.9 acres of preserved open space in three Agriculture Reserve areas where A equals 18 acres, B equals 18.7 acres and C equals 16.5 acres, all in the AC Zoning District. The property is located at 2010 Oregon Road &Wickham Road, Mattituck. SCTM#1000-108.-1-4, 1000-100.4-4.1 & 4.2 Mia Jealous-Dank: I make a motion to table this resolution. Donald Wilcenski: Second Chairman Rich: Motion made by Mia, seconded by Don. Any discussion? All in favor? Southold Town Planning Board Public Meetinq —July 8, 2024 — Page 13 Ayes. Opposed? None. Motion carries. AMENDED FINAL PLAT DETERMINATION Chairman Rich: Islands End Golf& Country Club and Turner Estate Resubdivision - This Resubdivision proposes to reconfigure the two King Trust parcels SCTM#1000-35.-2-1 & 35.-2-11 into one lot (Lot 1) equal to 93.85 acres with development rights sold on 88.35 acres and a 5.50 acre development area and the two Club parcels SCTM#1000-35.-2-12 & 35.-2-17.1 into one lot (Lot 2) equal to 32.86 acres with development rights sold on 28.18 acres and a development area of 4.25 acres and a parking easement area of .43 acres in the R-80 Zoning District. The property is located at 4675, 5243 & 5025 NYS Route 25, East Marion. SCTM#1000-35.-2-11, 1, 12 & 17.1 Pierce Rafferty: Mr. Chairman, I'd like to offer the following: WHEREAS, this Resubdivision proposes to reconfigure the two King Trust parcels SCTM#1000-35.-2-1 & 35.-2-11 into one lot (Lot 1) equal to 93.85 acres with development rights sold on 88.35 acres and a 5.50 acre development area and the two Club parcels SCTM#1000-35.-2-12 & 35.-2-17.1 into one lot (Lot 2) equal to 32.86 acres with development rights sold on 28.18 acres and a development area of 4.25 acres and a parking easement area of .43 acres in the R-80 Zoning District. WHEREAS, on July 15, 2022, the applicant submitted a resubdivision application for review by the Southold Town Planning Board; and WHEREAS, on August 22, 2022, at their Work Session, the Planning Board found the resubdivision application complete and determined that the proposed action meets all the necessary requirements of Town Code §240-57 for a resubdivision application; 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, and therefore, are eligible for a waiver: Southold Town Planninq Board Public Meeting —July 8, 2024 — Page 14 a. Sketch Plat Review; b. Existing Resources Site Analysis Plan (ERSAP); c. Yield Plan; d. Primary & Secondary Conservation Area Plan; e. Preliminary Plat Review; f. Preliminary and Final Public Hearings; 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, pursuant to State Environmental Quality Review Act (SEQRA) 6 NYCRR, Part 617.5(c)(16) the granting of individual lot line adjustments is listed as a Type II Action; and WHEREAS, the Southold Town Planning Board has determined that this proposed action is a Type II Action under SEQRA as described above; and WHEREAS, that the Southold Town Planning Board, pursuant to §240-56 Waivers of certain provisions waived 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; f. §240-19 (C-2): Preliminary and Final Public Hearings; and WHEREAS, on September 13, 2022 the Southold Town Planning Board granted Conditional Final Plat Approval upon the plan entitled, "Island's End Golf and Country Club, Inc.," dated and last revised May 16, 2019, prepared by John Minto, Land Surveyor; and WHEREAS, the applicant has advised the Planning Department that the SCDHS requires more information beyond what usually is necessary for a subdivision that will take time to comply with and they plan on obtaining approval in the future; and WHEREAS, on August 22, 2022 the agent submitted a draft deed, a legal description of the subject property showing single and separate lots; and WHEREAS, pursuant to the resubdivision Policy set by the Planning Board in February 2011, this application is eligible for a decision from the Planning Board prior to receiving approval by the Suffolk County Department of Health Services (SCDHS) as it meets the following criterion set forth in that policy: Southold Town Planninq Board Public Meeting —July 8, 2024 — Page 15 • Where no new development potential will be created in the parcel to which the land is transferred; and WHEREAS, on December 18, 2023, the applicant submitted an amended survey and draft deeds; be it therefore RESOLVED, that the Southold Town Planning Board grants Final Plat Approval upon the plan entitled, "Island's End Golf and Country Club, Inc.," prepared by John Minto, Land Surveyor dated January 3, 2021, and last revised on October 26, 2023, and authorizes the Chairman to endorse the maps with the following conditions: 1. Submit copies of the recorded amended deeds within six months of this decision, or if more time is needed, request an extension of the Final Plat Approval. 2. Property monuments for the new parcel boundaries shall be installed according to the plan provided. Notification of installation shall be made to the Planning Department. 3. The acknowledgment section at the end of this document must be signed by all landowners involved in this resubdivision, and the Planning Board Chairman prior to the deeds being recorded, or such approval shall be null and void. Mia Jealous-Dank: Second Chairman Rich: Motion made by Pierce, seconded by Mia. Any discussion?All in favor? Ayes. Opposed? None. Motion carries. PUBLIC HEARINGS Chairman Rich: 5:02 PM - Latham Resubdivision —This Resubdivision proposes to transfer 1.4 acres from SCTM#1000-18-2-16.2 to SCTM#1000-18-2-38.1 in the R-80 Zoning District. Following the transfer, Lot 16.2 will be decreased from 3.2 acres to 1.8 acres and Lot 38.1 will be increased from 1.5 acres to 2.9 acres. The property is located at 1500 & 1010 Youngs Road, Orient. SCTM#1000-18.-2-38.1 & 16.20 If anyone wishes to speak to the Planning Board on this application, please step forward. Please state and write your name and address at the podium. Danny, if you'd like to start us off and go over the project first, this way we can hear what you have to say and we'll start with the public afterwards. Southold Town Planning Board Public Meeting —July 8, 2024 --Page 16 Daniel Latham: It's just a lot line change so that I have a two-acre — it's over 80,000 square-feet, with a right of way to it off of Youngs Road and the other property is attached to my house. Chairman Rich: That's the home where you live? Daniel Latham: Where I live. It's a lot line change. Chairman Rich: Basically, it's a lot line change, it's no new lot. It just makes one a little smaller and one a little bigger. Daniel Latham: One for sale and one to retain. Well, its not a lot to retain, it's too small to be a lot. But it's just acreage. Okay? Chairman Rich: Would you please just write your name for the record there? Jessica Michaelis: Just sign it on the paper there. Daniel Latham: Yes Sir. Chairman Rich: Thank you. Chairman Rich: Again, please state your name — Frank Gianelli: My name is Frank Gianelli, I'm at 1200 Youngs Road. My house backs up to Danny's lot, the 3. — again, it's in question — is it 3.2? 3.3? But that's something 111 bring up in a second. I first wanted to thank you guys, you guys have one of those jobs — its totally thankless. You'guys put a lot of time and energy, as a licensed architect at Columbia University, I know what you go through, I know variances and I know what you guys are talking about. I do want to start off by first saying I know Danny and Patty and his daughter Erin — Jessica Michaelis: Just make sure you speak into the microphone, I'm sorry. The meeting's being recorded. Frank Gianelli: I don't normally do this, but Danny, Patty and I, we've known each other for about 25 years and Danny has always said that this is going to be his 'retirement subdivision' and I've never ever had a problem with it. I'm just asking that the Town - Board to carefully look at—just, you said it was a simple lot line change — but he did say that he's going to take he 1.8 acres, that the variance is being asked for, and sell it. think it shouldn't be a variance, it should be an 'as of right.' He's got 3. —again, in question — 3.2, 3.3 and it should be - per code, per the Zoning and Planning Board code — it should be 2 acres, and that's something that I think a lot of people don't have any problem with. It should be two acres and not 1.8 acres is what I'm saying and if I could respectfully ask the Board to look at that, and also look at the - I've been to the Town a Southold Town Planninq Board Public Meeting —July 8, 2024 — Page 17 couple of times— and it's in question if it's really 3.3 or 3.2 — but whatever it is, I'm driving at a secondary point is that, when and if Danny does retire and does what he needs to do, and he gives it to Erin or his other daughter and — if the property gets sold and you grant a 1.8 variance for a buildable lot, then the potential exists for that 2.9 or up to 3, depending on how we see the 3.3 or 3.2, could be potentially 3 acres that his house on, along with the joining property. I just respectfully ask that maybe we should think about, I certainly love what we have in terms of Orient and I hope that we have the situation where we don't continue to cram houses into something. I remember even Dan's dad, Ed, telling me that he was very fond of the fact that this was a two- acre area and no longer can we put one house on one acre anymore. If you could just do that for me, I'd appreciate that. Thank you. And again, Danny and Patty and Erin have all been, I'm grateful that Erin's running the farm and she brings that quality and energy that Danny had when he was younger to all the things that are going on with the farm, so thank you for your time. Again, it's a hard job you guys have. Chairman Rich: Thank you. Does anyone else wish to address the Planning Board on this issue? Erin Latham: I'm Erin Latham, Danny's daughter, who Frank referred to. Just to clarify, maybe, I'm not sure if they're aware of what is happening. That we are not creating 2 lots from 3.3? That one lot is being created, a smaller lot and my parent's lot is getting bigger. And actually, the lot where their house was in is in an R2 zone and it's not fully two acres, it was kind of grandfathered in that way, the house was already built before the area was zoned in that way so by actually giving that land back to their house, you're creating —you know— it's actually making the lot that their house is on compliant with the R2 zoning, so that's really all their doing. And by doing that, what their hoping to do is preserve a nice area around the house that they have, you know, my parents have lived there, one of the first houses that went in up there and they would like to just keep around their house, you know, wooded and without any disturbance. Thank you. Chairman Rich: Thank you. Be sure, Erin, to write your name down. Thank you. Would anyone else like to address the Planning Board? Gerry Newmann: I'm Gerry Newmann and my only concern is the right of way. I don't know where the right of way is going to be. Danny had told me that it was going to be off of his right of way because the right of way we have is only supposed to have three houses on it and it already has four. So, if you look at that please. That's the only concern that I have, I have no problem with the development. Chairman Rich: Thank you, Mrs. Newmann. All of the comments made to the Planning Board will be addressed, not at this meeting but as we prepare our reports, we address them internally. The letters that get sent in are part of the record also. Anyone else? Martin Sidor: I make a motion to close the hearing. Southold Town Planning Board Public Meeting —July 8, 2024 — Page 18 Mia Jealous-Dank: Second. Chairman Rich: Motion made by Martin, seconded by Mia. Any discussion?All in favor? Ayes. Opposed? None. Motion carries. Chairman Rich: 5:03 PM - Hotel Moraine —This Site Plan is for the proposed expansion of an existing hotel including construction of a 4,588 sq. ft. building with ten (10) hotel rooms, and a 2,040 sq. ft. addition to an existing building with four (4) hotel rooms where there exists a 21-unit hotel comprised of five (5) buildings totaling ±13,854 sq. ft. and accessory improvements on a 3.21-acre parcel in the Resort Residential (RR) Zoning District. The property is located at 62005 County Road 48, Greenport. SCTM#1000-40.-1-1 Okay, are you with the applicant? Catherine Tsounis Siolas: My name is Catherine Tsounis Siolas, and we are residents of Southold Town from 1961. We bought property right next to their hotel and we were the subject of upzoning controversies from 1994 under the Republican, Ms. Cochran, until 2000 where they were trying to rezone our property, which was paid by my husband who was a New York City teacher in underserved neighborhoods — our life savings. So, I have to watch out for the zoning of my property which is next to this and I would like to commend the Hellenic American Taxpayers Association of Southold Town who fought from 1994 to 2000 to make sure my property was not upzoned. We are now in our mid- to-late seventies, we planned to give this property to our daughter, who is an oncologist, saving lives and someday we hope she will build and serve the Town of Southold. She is now in the top 8% of MD PHD's in the United States and she wants to help all of you, regardless of who or what you are. My responsibility is this: I do not care if this hotel builds ten, twenty rooms, we want to make sure when the time comes and we build, you will let us build that and thank goodness we have grassroots organizations like the Hellenic American Taxpayers who represent the biggest lot of ethnic middle-class homeowners on the east end. That is my stance: they can build, but when the time comes for a middle-class elderly person to build, we don't want them to object. I'm signing my name here. Chairman Rich: Yes, please. Catherine Tsounis Siolas: You know, many of us middle-class people on fixed incomes feel we are lost in a town that has changed dramatically from the 1960's. We have no Southold Town Planninq Board Public Meeting —July 8, 2024 — Page 19 wealth; we have no political power. The only way we can express ourselves are at these Town meetings and I would like to thank all of you for listening to me because I know that you are under pressure too, but you have to know how the forgotten middle-class American like myself, whose father was a POW in.Germany and whose grandfather received the silver medal of honor for bravery in Worl War I —feels lost as society no longer cares about honor or integrity but only money. Thank you for listening to my frustration but please don't upzone my property and when the time comes, I hope this hotel lets me build my two or one family home. Thank you so much. Chairman Rich: Thank you. So, you want to represent the hotel? Please state your name and write your name for the record. Dan Pennessi: Sure, my name is Dan Pennessi. Good Afternoon members of the Planning Board, this application is as you described for an expansion of Hotel Moraine, which replace the Suset Motel at 62005 Route 48 in Greenport. This being the Public Hearing, if you'll humor me, I can give a little bit of a summary of the project to date, if that's alright? Chairman Rich: Yes, please. Dan Pennessi: So, the property, again, operated as the Sunset Motel since about 1960. It operated the five buildings that are there today that are shown. In 2021, we acquired the property, my wife and I, and we undertook a significant redevelopment effort. Our focus was on a sustainable infill redevelopment, taking an existing asset in the resort residential district and enhancing it. The property experienced quite a bit of— it needed a lot of capital improvements —a lot of deferred maintenance at the property over time. So we consolidated the twenty one guest rooms on site, primarily into the two main buildings, we call them the East and West buildings. And we have a staff apartment above what's historically been called the Shell A, which is on the southwest corner of the property closest to the North Road. And then there's the North Cottage that was historically a single-family rental cottage and, in the course of renovations, we pulled a number of permits which have now been closed and we've been operating since June of last year, 2023. That North Cottage is now an amenity building, its open to all guests. We run guest happy hours out of there, it's just a recreational building. It's probably the nicest on the property, it overlooks the bluff, it's within the 100-foot setback established as Trustee jurisdiction so we did go through a wetlands permit application process, it also required a variance from the Zoning Board of Appeals. Again, moving back to the main part of the property, the two existing larger motel buildings were renovated from two eight-unit buildings into two ten-unit buildings and the lobby was completely demolished and then reconstructed on the exact same footprint that existed before. It enabled us to dig a full foundation and we added a pool on the north side of that lobby. Probably the crowning achievement was negotiating a sewer agreement with the Village of Greenport. This was a 1960's era septic system that sat out on the bluff. It was a rather large infrastructure project and we connected a brand-new sewer pump station with all new sanitary lines to the Village of Greenport sewer system that runs along the north Road. It's out of the Village, its and out-of-Village sewer district that picks up Cliff Side, San Simeon and some of the other properties on the south side of North Road, so there was also a number of other work that we had to do, primarily with the utilities. It needed all Southold Town Planning Board Public Meeting —July 8, 2024 — Page 20 new water domestic lines, all new fire water lines, it's a fully sprinkler project now. There were buried oil tanks that had to get remediated and removed, and we've had good success. The last year has been great, the property looks and performs as expected, it's a very special piece of property there on the sound and when we undertook the initial project, we did —for example — size the sewer pump station to accommodate additional density because we knew that if we had if we had public sewer and public water, we'd perhaps have a path to additional units given the ratio allowed for in the zoning code. So, fast-forward, we've designed this, it is a new 10 unit building on the east side of the property that was designed specifically to pull back outside the 100-foot setback, which you can see on the plan, and there's a four unit extension to the west building on the west side of the property. We've met with you all during the work session, we do have some feedback from —for example - we received today the Suffolk County Department of Public Works had no comments to the application. We are on the Zoning Boards agenda for an August 1st hearing, that will be both for Special Exception permit and a Variance, the site is 3.251 acres and the Zoning Code sets hotels on Resort Residential at 5 acres currently. Thank you. Chairman Rich: Thank you. Please sir, if you would state your name and write your name for the record. Thank you. Samir Attia: Good evening, thank you very much. My name is Samir Attia. We have a house adjacent to the hotel right on the east side: 62175 North Road and on Friday I submitted an objection to the expanding, I don't know if you all received it. Jessica Michaelis: Yes, we received it and it is a part of the file. Samir Attia: Thank you. Would you like me to say it again? Or... Chairman Rich: Would you like to briefly summarize your objection? We do have it in writing but you are welcome to. Samir Attia: We object to the expansion because its very close to our outdoor sitting area. The pollution from the noise, the increased traffic and outside cooling and heating units will destroy the tranquility of our outdoor area. The current situation, the existing structure on the hotel property, we always have a lot of noise, a lot of music, we always have the number for- prior to Dan is renovating the hotel — I have the number for Jordy's, the owner of the hotel, just about every time we come to Greenport, I always call to tell them to calm down. They have the barbeques they have outside, the music is always very loud and very disturbing. And we're also concerned about the impact of the value of the property of course with all this noise and the environmental disturbance too. And also, we are worried about the traffic, it's only one way. Right now, even coming to the house, it's one way and if you don't beep the horn from far away, you turn the signal to the left to go to the parking —to the house —you're afraid somebody is going to hit you right in your back, there's no room so this will add a lot of traffic and we are very concerned about the hazard. I mentioned that when they did the partial trains between us and the hotel, they didn't contact PSEG, they're supposed to contact PSEG because the pole is right there and we have the cable coming to the house from the pole under the ground to all of our houses and the installers —they dig and they cut the pole, the cable Southold Town Planning Board Public Meeting —July 8, 2024 — Page 21 coming to the house— if was winter time. Then I came to the house one day, I opened the door, the house stinks, smells, there's no light, and everything. The TV room, is the only one that has a light you can turn on and the upstairs in one room is the only light you can turn on. I have five heaters, I always have it there in the garage just in case anything happens when a light went off or anything, so I specifically, it was 34 degrees and all of the food in the refrigerator all smell, everything I put in the garbage and it took a long time to contact an electrician a lot of them, I went to Google to get the electrician's name, list of electrician's name near our house. Most of them are out of business, they don't answer, they say we are no longer there. I got one electrician said "I'll meet you there" so, we live in Northport— all the way in Northport, I have to come down to meet him to give me an estimate. He took a look, he said we have to change the whole cable going to the house and he gave me an estimate for $800, almost $5,000. Then I called somebody else, he said we can change the cable, we can just repair it, we are not going to change the whole cable, we're just doing to repair it and how much is that? $600- something, I said "Do it" so they did it and I told Dan and Dan gave me reimbursement for$625 or whatever. That was a big,aggravation and a start from February until I got it repaired in March second or third and that was a big headache for me. I'm a disabled veteran and it caused a lot of problems for me, it's not that I'm going to back and forth and with all this aggravation and the cold weather and thank God the pipes didn't freeze. So, we have a lot of reasons this has created a headache for us. Thank you very much for listening and hopefully you make the right decision. Thank you. Chairman Rich: Thank you for your comments. Anyone else? Anyone else wish to address the Board on Hotel Moraine? Can we get a motion to leave the haring open until the SEQRA can be completed next month? Donald Wilcenski: I make a motion. Mia Jealous-Dank: Second. Chairman Rich: Motion made by Don, seconded by Mia. Any discussion? All in favor? Ayes. Opposed? None. Motion carries. APPROVAL OF PLANNING BOARD MINUTES Chairman Rich: Our last order of business is to approve the Planning Board minutes from: Southold Town Planning Board Public Meeting —July 8, 2024 — Page 22 • June 3, 2024 Donald Wilcenski: So moved. Mia Jealous-Dank: Second. Chairman Rich: Motion made by Don, seconded by Mia. Any discussion? All in favor? Ayes. Opposed? None. Motion carries. Chairman Rich: Can we get a motion for adornment? Donald Wilcenski: So moved. Mia Jealous-Dank: Second. Chairman Rich: Motion made by Don, seconded by Mia. Any discussion? All in favor? Ayes. Opposed? None. Motion carries. There being no further business to come before the Board, the meeting was adjourned. Respectfully submitted, Allison Palmeri A Transcribing Secretary James H. Rich III, Chairman