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PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
PUBLIC MEETING
MINUTES
August 5, 2024
5:00 P.M.
Present were: James H. Rich III, Chairman
Amelia 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
Chairman Rich: Good evening and welcome to the Public Meeting for Monday, August 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 NEXTPLANNING_BOARD`MEETING+
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Chairman Rich: The first order of business is to Board to set Monday, September 9,
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.
Amelia Jealous-Dank: So, moved.
Donald Wilcenski: Second.
Southold Town Planning Board Public Meetinq —August 5, 2024 — Page 2
Chairman Rich: Motion made by Mia, seconded by Don. Any discussion? All in favor?
Ayes.
Opposed?
None.
Motion carries.
SITE PLAN APPLICATIONS
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
Can I have a motion to adjourn these two resolutions to allow the Planning Board Staff
ample time to review the revisions of the amended application?
Amelia Jealous-Dank: So moved.
Pierce Rafferty: Second.
Chairman Rich: Motion made by Mia, seconded by Pierce. Any discussion? I'm going
to ask for a roll call vote, Pierce?
Pierce Rafferty: I'm in favor.
Amelia 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.
SITE PLAN DETERMINATION
Southold Town Planninq Board Public Meeting —August 5, 2024 — Page 3
Chairman Rich: Strong's Storage Buildings —This Site Plan is for the proposed
construction of two (2) buildings for boat storage, one at 52,500 sq. ft. and the other at
49,000 sq. ft., located on 32.6 acres in the MII and R-80 Zoning Districts where there is
69,245 sq. ft. of existing boatyard buildings. The property is located at 3430 Mill Road,
Mattituck. SCTM#1000-106.-6-13.4
For the same reason as before, I will ask for a motion to adjourn the resolution to deny
the application for Strong's Storage Building.
Amelia Jealous-Dank: So moved.
Pierce Rafferty: Second.
Chairman Rich: Motion made by Mia, seconded by Pierce. Any discussion? I'm going
to ask for a roll call vote, Pierce?
Pierce Rafferty: I'm in favor.
Amelia Jealous-Dank: I'm in favor.
Martin Sidor: Yes.
Chairman Rich: And I'm in favor. Again, Don has recused himself.
SEQRA DETERMINATION
Chairman Rich: 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
Donald Wilcenski:
WHEREAS, 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; and
WHEREAS, on June 3, 2024, 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 11 list of actions; and
Southold Town Planning Board Public Meeting —August 5, 2024 — Page 4
WHEREAS, on June 4, 2024, the Southold Town Planning Board, pursuant to §617.6 of
the Environmental Conservation Law acting under the State Environmental Quality
Review Act, initiated the SEQR lead agency coordination process with all involved and
interested agencies for this Unlisted Action; be it therefore
RESOLVED, that the Southold Town Planning Board, pursuant to the State
Environmental Quality Review Act §617.6, establishes itself as Lead Agency for this
Unlisted Action;
Amelia Jealous-Dank: Second.
Chairman Rich: Motion made by Don, seconded by Mia. Any discussion? All in favor?
Ayes.
Opposed?
None.
Motion carries.
Donald Wilcenski: And be it further.
RESOLVED, that the Southold Town Planning Board, as Lead Agency pursuant to
SEQRA, hereby makes a determination of non-significance for the proposed action and
grants a Negative Declaration.
Amelia Jealous-Dank: Second.
Chairman Rich: Motion made by Don, seconded by Mia. Any discussion? Al) in favor?
Ayes.
Opposed?
None.
Motion carries.
Southold Town Planninq Board Public Meeting —August 5, 2024 — Page 5
SUBDIVISION APPLICATIONS
SUBDIVISION WAIVER
Chairman Rich: Carrucci Merger—This proposal is to merge two parcels, SCTM#s
1000-108.-2-5.2 & 5.3 to facilitate the sale of development rights for farmland
preservation to Suffolk County. The resulting parcel will be 12.9+/- acres, in the A-C
Zoning District. The property is located at 11780 CR 48, Mattituck. SCTM#1000-108.-2-
5.2 & 5.3
Amelia Jealous-Dank: Mr. Chairman,
WHEREAS, this proposal is to merge two parcels, SCTM#s 1000-108.-2-5.2 & 5.3 to
facilitate the sale of development rights for farmland preservation to Suffolk County. The
resulting parcel will be 12.9+/- acres, in the A-C Zoning District; and
WHEREAS, on August 5, 2024, at their work session, the Planning Board reviewed a
request to waive the subdivision review process for this merger; and
WHEREAS, pursuant to Town Code §240-56 Waivers of Certain Provisions, the
Planning Board has found that the subdivision review process is not requisite in the
interest of public health, safety and general welfare; and
WHEREAS, this action is EXEMPT from review by the Local Waterfront Revitalization
Program as no new development potential will come as a result of this merger; 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"; be it therefore
RESOLVED, that the Southold Town Planning Board has determined that this proposed
action is a Type II Action under SEQRA as described above;
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 —August 5, 2024 — Page 6
Amelia Jealous-Dank: And be it further.
RESOLVED, that the Southold Town Planning Board, pursuant to Town Code §240-56
Waivers of Certain Provisions, hereby waives the subdivision review process for this
merger;
Martin Sidor: Second.
Chairman Rich: Motion made by Mia, seconded by Martin. Any discussion?All in
favor?
Ayes.
Opposed?
None.
Motion carries.
Amelia Jealous-Dank: And be it further,
RESOLVED, that the Southold Town Planning Board hereby authorizes the merger of
the two parcels identified as Suffolk County Tax Map #s 1000-108-2-5.2 and 1000-108-
2-5.3.
Martin Sidor: Second.
Chairman Rich: Motion made by Mia, seconded by Martin. Any discussion?All in
favor?
Ayes.
Opposed?
None.
Motion carries.
PUBLIC HEARING CONTINUED
Chairman Rich: We're actually going to open the continued hearing for Hotel Moraine
and then we'll come back to the Orchards Subdivision.
Southold Town Planninq Board Public Meeting —August 5, 2024 — Page 7
Chairman Rich: 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
Anyone wishing to address the Board, please step to the podium, state and write your
name. Thank you.
Dan Pennessi: My name is Dan Pennessi and I'm here on behalf of the applicant,
North Road Hotel, LLC. Just as a matter of an update since we've met at the last
hearing: we've appeared at the August 1st Zoning Board of Appeals. The public hearing
was left open at the Zoning Board of Appeals pending comments from the Planning
Board and Planning department. We also met with the Suffolk County Planning
Department, the passed resolution, I believe you have a copy of. Suffolk County
Department of Public Works has (inaudible) a letter indicating comments from traffic on
County Road 48 and we've submitted a traffic analysis by our engineering consultant, L.
K. McLean, also indicating that the additional units will not generate substantial impact n
traffic for the site. So that's kind of the update on where we've been and what we've
been busy with since, and I'm here to answer any questions you may have.
Chairman Rich: Thank you. Anyone else wishing to address the Planning Board on
Hotel Moraine?Anyone? Can I get a motion to close the hearing?
Donald Wilcenski: I make a motion to close the hearing.
Amelia Jealous-Dank: Second.
Chairman Rich: Motion made by Don, seconded by Mia. Any discussion? All in favor?
Ayes.
Opposed?
None.
Motion carries.
PUBLIC HEARINGS
Chairman Rich: 5:01 PM - 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
Southold Town Planning Board Public Meeting —August 5, 2024 — Page 8
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
Jessica Michaelis: And for the record, all of the public hearing.notifcations were done
correctly.
Patricia Moore: Good evening, Patricia Moore on behalf of the applicant, I have Alex
Mortachello here if we need to address anything that the public or the Board would have
as a question. The process, just for the record, is it started back in 2014 with sketch
plan approval, and then environmental impact statement was completed, Final EIS
prepared and accepted by the Planning Board, dated January 9, 2023. A preliminary
map was prepared at the end of that process and, at this point, this is the final map that
is incorporating the recommendations that were generated through the impact
statement and prior public hearings. So, the difference with this particular map, the lots
remain the same in number, the agricultural barn and the residential area have been
consolidated adjacent to each other, that's part of the redesign, the name of the road
has been corrected. The access for the four lots, the smaller lots, are all on Orchard
Street, they do not have access on Halyoke Avenue and the road design was the
newest issue with respect to the input from the Fire Marshall and the Planning Board so
we have a 25-foot, shared access that meets the state code. So those are the changes
to the map that have been implemented and we hope that you will, after this public
hearing, approve the final map. Thank you.
Chairman Rich: Thank you. Anyone else wishing to address the Planning Board on
this? Please step forward, sign your name on the sheet and state your name for the
record.
Barbara Freedman: Members of the Planning Department and Planning Board, my
name is Barbara Freedman and I have lived in Orient for thirty years. Some of you may
know that I'm the president of the Orient Association but I am not speaking on their
behalf tonight. I've been following the progress of this subdivision proposal for ten plus
years, since it was first proposed. So much of this plan might be a fait accompli at this
point, there's still much to be considered. I have already entered some comments into
the file about some elements of the plan which I believe warrant further consideration.
For some reason, the existing paved road surrounding the site, which appear on the
initial site plans, have been shown either incorrectly or completely removed in
subsequent plans. If the paved roads were included in the plans, the Planning Board
would see that Halyoke Avenue is not in fact seventeen feet away from the property
line, but less than five feet away. The 17.12 dimension shown on the original site plan is
the distance to the right-of-way but the road is significantly offset from the right-of-way.
This brings in to question the relief offered by the Planning Board to have a twenty-foot
setback on Halyoke avenue, which would allow a structure to be built less than twenty-
five feet from the paved road. With potential house sizes that have grown from the
"modest" 3,500 square feet and the DEIS to over 5,000 square feet currently being
Southold Town Planning Board Public Meeting —August 5, 2024 — Page 9
considered based on the new house code, the setback should be at least fifty feet.
Compounding the problem, there's no vegetated buffer shown along the 170-foot
stretch of Halyoke Avenue. At the interception of Orchard Street, Halyoke Avenue
actually curves into The Orchards property, with the property corner located in the
roadway. This brings into question the vegetated buffer at the corner potentially blocking
the sight lines of this intersection. The fact that the well for Lot number five is proposed
to be on this corner is another indication of ignorance or disregard for the actual site
conditions. Unless the Town is planning to relocate Halyoke Avenue into the right of
way, this plan just doesn't work. Every single document, including the DEIS, the FEIS,
The Suffolk County Department of Health Services submissions, the Stormwater
Pollution Prevention Plan, and even the Notice of Public Hearing, omits or
misrepresents the proximity of the site to Halyoke Avenue. There is an accurate survey
in the file from 2013 that shows the roads. Did everyone just forget where the roads
were? Whether the omission was intentional or not, the fact that the roads are not
shown on the plans gives-the Planning Board a misleading and incomplete picture of
the proposal that it is being asked to approve. While I'm sure the Planning Board is
accustomed to a certain amount of subterfuge, had the developer considered the
Planning Departments early requests to provide a visual impact study, perhaps we
would not be here over ten years later with this unsatisfactory plan. It goes without
saying, that there are many residents in Orient who are not happy that this virgin
farmland is being subdivided. This property is, in many ways, at the heart of the village
of Orient. While the objections relating to the road locations are easily addressed and
corrected with resubmissions, of all the documents I just mentioned, the overall
subdivision plan will continue to threaten the character of the community. There will be
the unfortunate addition of a new street, which could have been avoided if there were
three clustered lots instead of four, as was suggested by the Planning department back
in 2013. There will be a tall deer fence surrounding a farm field where the crop of choice
maximizes both pesticide and water consumption. To top it off, based on the current
plan, two of the four clustered houses will potentially be way too close to the existing
road with no buffer. Often, we ask ourselves: "how did this happen?" When something
new is built in Southold Town, its up to the Planning Board to decide if that will be the
case for this subdivision. Thank you.
Chairman Rich: Thank you for your comments. Anyone else?
Nancy Ferraris: Hello. My name is Nancy Ferraris and I live directly across the street
from this planned subdivision. I've spoken out multiple times over the past ten or eleven
years in opposition of this subdivision. I have a few concerns with the current plan: one,
as Barbara Freedman had mentioned, is that there is no vegetated buffer for 170 feet
on Halyoke, which is directly across the street from my home. So that I think is
important and something that the Board should consider. Also, the setback situation,
from the code in the Town, it should be thirty feet with a twenty feet buffer— I know
Barbara Freedman thought for the size of the house it should be even further— but right
now it's set at twenty feet with no buffer so that's a big concern. Halyoke Avenue is
twelve feet wide and, from what I can see just standing there and where the property
line is, it looks like the property line and the way these houses can be built can be five
Southold Town Planning Board Public Meeting —August 5, 2024 — Page 10
feet from the road so I do think, for safety reasons and visual reasons, the Board should
really consider where the road is, where the property line is, where the right of way is
and just to conclude, I disagree with the whole clustering situation as far as this
subdivision is. This is a very special part of Orient and one of the last open spaces
that's there, so I live on a five-acre piece of property, which was subdivided back in
1984. It is a property that was formerly the Hallock Farm and the subdivision was the
settlers of Oysterponds and when it was subdivided, it was zoned for five acres. I'm the
first five-acre lot. My house is set back further, I don't think that this property should
have this many houses, I mean, two to three houses at most on this land and it would
give the open feel for the community, it would help preserve the community character
and maybe even address some of the environmental issues that will have something to
do with having five houses on this property. I did submit a letter into the file as well as
current pictures that I took and I've been on the record for many years just opposing the
clustering in itself but I just think fewer houses spread out on that big piece of land
would just be really better for Orient and I just think that the Planning Board has the
responsibility to maintain the integrity of the community. Its really not for developing.
Thank you.
Chairman Rich: Thank you for your comments. Anyone else? Anyone online?
Jessica Michaelis: Peter, if you want to make comments, please raise your hand
again. These comments have to be for The Orchards subdivision.
Peter Marin: Right of course, yes. Can you hear me?
Jessica Michaelis: Yes, just state your name for the record.
Peter Marin: Okay, it's Peter Marin. I actually wrote a letter that I just sent today. I kind
of agree with most of the earlier comments although, I have to say, as much as I'd love
to see this thing not happen, obviously the owner has a right to develop the property.
But I live right across the street on Orchard Street and I have some concern about how
the development will actually progress. My concern is that there's one little right-of-way
that's right across the street from my house and if the - lets just say that the developer
was going to do this all at once, there would be maybe as much as a years' worth of
destruction and concrete trucks and noise and dust— but my understanding is that
these are going to be sold off and these four lots are going to be potentially developed
over the next who knows how many years and that means that for— lets say four years
—there's going to be trucks and construction debris, all accessed from that single point
and I was just trying to understand how possibly there could be more —you know, if
they're going to build these four houses that they would have access from multiple
points, I mean, I know nobody wants to even think about access from Halyoke but
nobody also who lives on Orchard wants to see all the access from one point. I guess
the question is: is this going to be developed as a project or are these lots going to be
sold off and four different contractors, four different owners, 4 different uncoordinated
efforts to build their individual houses?
Southold Town Planning Board Public Meeting —August 5, 2024 — Page 11
Chairman Rich: Thank you for your comments.
Peter Marin: Is there any answer to that? I mean, in other words, this is free to just
have these individual houses developed over the next couple years by whoever buys
one?
Chairman Rich: Well, this is more of a fact-finding thing where we take in your
comments. We're not in a position to answer for the owner but your comments are
noted and it's something that we will address with the owner in our process.
Stefan Foyerovent: My name is Stefan Foyerovent. My wife and I own the property that
is just to the east of the proposed development on Halyoke Avenue. We own the little
strip of land that goes all the way down Halyoke Avenue. We've often talked about the
fact that we actually own some of Halyoke Avenue because our property line goes all
the way out to the middle of that little island between Halyoke and Orchard. We've
never talked to the Town about that but it's a little bit of an issue. We would definitely be
adamantly opposed to any access to this property development from Halyoke Avenue
on our property— Number 1. Number 2 — I think, you know, we agree that the clustering
paradigm that Southold uses is part of the methodology that you all have to subdivide
properties with, in this particular instance, it seems to me that— as Nancy said — it's
really not consistent with the overall feel of the neighborhood. I mean, our land is 1.7
acres, right next to that, that was subdivided well before Nancy's property was there.
But most of the properties in that area are quite large, much larger than an acre, other
than that little one on Orchard that was carved out in this development at some point.
So we're opposed to the clustering, for what it's worth, I've not heard Barbara
comments or understood them before this meeting about the buffer on Halyoke —the
vegetated buffer, I do think after having heard that, that it's something that should be
taken pretty seriously because it is truly possible that you're going to be going down this
beautiful little country road and — if this plan is approved —there can be, you know a
building just feet away from where people are driving or walking. It would really ruin the
environment there. Thank you.
Chairman Rich: Thank you. Anyone else?
Amelie Jealous-Dank: I make a motion to close this hearing.
Donald Wilcenski: Second.
Chairman Rich: Motion made by Mia, seconded by Don. Any discussion? All in favor?
Ayes.
Opposed?
None.
Southold Town Planning Board Public Meeting —August 5, 2024 — Page 12
Motion carries.
Amelia Jealous-Dank: I make a motion to adjourn the.meeting.
Donald Wilcenski: So moved.
Chairman Rich: Motion made by Mia, seconded by Don. 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
Transcribing Secretary
James H. Rich III, Chairman