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HomeMy WebLinkAboutPB-08/05/2024 OFFICE LOCATION: �QF S0(/j MAILING ADDRESS: Town Hall Annex �0� Ol0 P.O.Box 1179 54375 State Route 25 Southold, NY 11971 (cor.Main Rd. &Youngs Ave.) Southold, NY G Q Telephone: 631 765-1938 ap www.southoldtownny.gov U N$ 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+ "!, T7 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