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HomeMy WebLinkAboutPB-09/09/2024 OFFICE LOCATION: �QF S0(/Ty MAILING ADDRESS: Town Hall Annex ��� 0l0 P.O. Box 1179 54375 State Route 25 Southold, NY 11971 (cor.Main Rd. &Youngs Ave.) Southold, NY N Telephone: 631 765-1938 G p www.southoldtownny.gov UNT`I, PLANNING BOARD OFFICE TOWN OF SOUTHOLD PUBLIC MEETING MINUTES September 9, 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 Mark Terry, Assistant 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, September 9, 2024 for the Southold Town Planning Board. This meeting is public. The Planning Board may add or remove applications from the agenda upon its discretion, without further notice. Applications may not be heard in the order they appear on this agenda. SETTING OF THE NEXT PLANNING BOARD MEETING Chairman Rich: The first order of business is to Board to set Monday, October 7, 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. Donald Wilcenski: So, moved. Southold Town Planning Board Public Meeting — September 9, 2024 — Page 2 Amelia Jealous-Dank: Second. Chairman Rich: Motion made by Don, seconded by Mia. Any discussion? All in favor? Ayes. Opposed? None. Motion carries. SITE PLAN APPLICATIONS SEQRA FINDINGS/SITE PLAN DETERMINATION 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 ' 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 Mil 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 Can I have a motion to adjourn these two resolutions? As they have submitted a revised application, we will keep this adjourned until the revised application is complete. Amelia Jealous-Dank: So moved. Pierce Rafferty: Second. Chairman Rich: Motion made by Mia, seconded by Pierce. Any discussion?All in favor? Ayes. Opposed? None. Southold Town Planning Board Public Meeting —September 9, 2024 — Page 3 Motion carries. APPROVAL EXTENSION Chairman Rich: Tenedios Barn & Greenhouse Amended —This amended agricultural site plan is for the relocation of a one story 8,664 sq. ft. building to house livestock and store feed, supplies and farm equipment; which was granted conditional approval from the Planning Board in 2019 and not constructed. The plan includes a 60' x 24' (1,440 sq. ft.) greenhouse and other accessory agricultural buildings on a 34.5 acre farm, of which 29.5 acres have development rights held by Southold Town and 5 acres have development rights intact (the greenhouse is located in the 5-acre area and the barn is located in the 29.5-acre area) in the R-200 Zoning District. The property is located at 28410 Route 25, Orient. SCTM#1000-19-1-1.4 & 1.3 Amelia Jealous-Dank: WHEREAS, this amended agricultural site plan is for the relocation of a one story 8,664 sq. ft. building to house livestock and store feed, supplies and farm equipment; which was granted conditional approval from the Planning Board, in 2019 and not constructed. The plan includes a 60' x 24' (1,440 sq. ft.) greenhouse and other accessory agricultural buildings on a 34.5-acre farm, of which 29.5 acres have development rights held by Southold Town and 5 acres have development rights intact (the greenhouse is located in the 5-acre area and the barn is located in the 29.5-acre area) in the R-200 Zoning District; and WHEREAS, on March 9, 2021, the Planning Board determined certain conditions to be met and therefore granted approval to the amended site plan application described above; and WHEREAS, on December 22, 2021, Patricia Moore, authorized agent, submitted a request for Extension of Site Plan Approval for two (2) years to August 9, 2024; and WHEREAS, at a Work Session held on February 7, 2022, the Planning Board reviewed the application and determined that the expired Site Plan was in compliance with current rules and regulations and granted an extension; and WHEREAS, pursuant to §280-132(A) [...all terms and conditions of any approved site plan or approved amendment are immediately enforceable, and compliance is required prior to the commencement of the approved use, unless the Planning Board expressly states an alternative period of time for compliance within the site plan approval; and WHEREAS, on February 7, 2022, the Southold Town Planning Board granted an Extension of Approval with Conditions, listed below, for two.years and six months from February 7, 2022 to August 9, 2024 of the site plan entitled "Amended Site Plan for Southold Town Planninq Board Public Meeting —September 9, 2024 — Page 4 Tenedios Farm", prepared by Jeffrey T. Butler, P.E. dated March 22, 2017 and last revised July 1, 2019; and WHEREAS, on August 9, 2024, the amended site plan approval extension expired; and WHEREAS, on August 26, 2024, Martin Finnegan, agent, submitted a request for Extension of Site Plan Approval for one (1) year to August 9, 2025; and WHEREAS, at a Work Session held on September 9, 2024, the Planning Board reviewed the application and determined that the expired Site Plan was in compliance with current rules and regulations and granted an extension; therefore be it RESOLVED, that the Southold Town Planning Board grants an Extension of Approval with Conditions, listed below, for one year from September 9, 2024 to September 9, 2025, of the site plan entitled "Amended Site Plan for Tenedios Farm", prepared by Jeffrey T. Butler, P.E. dated March 22, 2017 and last revised July 1, 2019. Conditions of approval (ongoing) Tenedios Barn & Greenhouse Amended Site Plan Application 1. The purpose of this amended site plan is to consolidate and replace the plan that received conditional site plan approval on January 14, 2019, entitled "Tenedios Farm", prepared by Jeffrey T. Butler P.E., dated March 22, 2017 and last revised October 16, 2018; and to acknowledge the proposed construction of a 1,440 sq. ft. greenhouse; 2. The public is not permitted to access the barn or greenhouse; 3. The barn and the driveway to the barn shall be used for agricultural purposes only as per the Town's easement; 4. Livestock grazing, paddocks, shelters and enclosures shall be located outside the vegetated buffers shown on the site plan; 5. Livestock shall be prevented from entering the vegetated buffers; 6. Buffers: Vegetated Buffers 2 & 3 shall be managed for the following benefits: a. Provide denitrification and nutrient uptake; b. Slow water runoff and enhance infiltration; c. Trap pollutants in surface runoff& subsurface flow; d. Stabilize soils. Southold Town Planninq Board Public Meeting —September 9, 2024 — Page 5 Vegetated Buffer 1 shall be managed to maintain existing trees, shrubs and groundcover; 7. Signs: Any sign that requires a sign permit must be reviewed and approved by the Planning Board prior to installation; 8. Lighting: No exterior lights were reviewed or approved in connection with this amended site plan. Any exterior lights on or around the outside of this greenhouse must be reviewed and approved by the Planning Board and must meet'Town Code §172 Lighting; 9. The Planning Board strongly encourages the property owner to follow the guidelines developed by the USDA for sustainable numbers of animals on pasture. The Board further encourages the farm owner to request a nutrient management plan for the animal husbandry portion of the farm, as well as consulting with the USDA Natural Resource Conservation Service (NRCS). The Board also strongly encourages the property owner to develop a Comprehensive Nutrient Management Plan (CNMP) to address nutrient loading to surface and ground waters by working with the Suffolk County Soil and Water Conservation District and/or USDA NRCS. Donald Wilcenski: Second. Chairman Rich: Motion made by Mia, seconded by Don. Any discussion? All in favor? Ayes. Opposed? None. Motion carries. SUBDIVISION APPLICATIONS SEQRA DETERMINATION/ PRELIMINARY PLAT DETERMINATION Chairman Rich: Earls Standard Subdivision —This proposal is for a Standard Subdivision of a 2.01-acre parcel where Lot 1 equals 0.71 acres and Lot 2 equals 1.30 acres, located in the RO Zoning District. The property is located at 3070 Peconic Lane, Peconic. SCTM#1000-74.-3-15 Donald Wilcenski: Mr. Chairman, Southold Town Planning Board Public Meeting — September 9, 2024 — Page 6 WHEREAS, this proposal is for a Standard Subdivision of a 2.01-acre parcel where Lot 1 equals 0.71 acres and Lot 2 equals 1.30 acres, located in the RO Zoning District; and WHEREAS, the Planning Board determined that the parcel has the yield for two lots, however Lot 1 required a variance to be less than 40,000 sq. ft. and received same in 1999 from the Zoning Board of Appeals (4622); and WHEREAS, on September 8, 2014, the Planning Board granted Conditional Sketch Plan Approval; and WHEREAS, on July 29, 2015, the applicant's agent submitted the Preliminary Plat application; and WHEREAS, at their work session on August 17, 2015, the Planning Board found the Preliminary Plat application complete; and WHEREAS, at their public meeting on August 31, 2015, the Planning Board set the Preliminary Plat Public Hearing and determined that the action is an Unlisted Action under SEQRA; and WHEREAS, on September 3, 2015, pursuant 6 NYCRR Part 617, Section 617.7 of the State Environmental Quality Review Act (SEQRA), the Planning Board coordinated with all involved and interested agencies; and WHEREAS, on September 3, 2015, the application was referred to the Local Waterfront Revitalization Program (LWRP), Suffolk County Planning Commission, and all other involved and interested agencies; and WHEREAS, in a letter dated September 9, 2015, the Southold Fire District responded that there is adequate fire protection for this property; and WHEREAS, in a letter dated September 21, 2015, the Suffolk County Planning Commission responded that this matter should be considered for local determination and has no objection to Southold Town claiming Lead Agency; and WHEREAS, in a memo dated October 2, 2015, the LWRP coordinator responded that this application was found consistent with the policies of Local Waterfront Revitalization Program; and WHEREAS, on Monday, October 5, 2015, the public hearing was held, and, due to a noticing error, was held open until the following public meeting on November 2, 2015, when the hearing was closed; and WHEREAS, the Planning Board, as Lead Agency under SEQRA, performed a coordinated review of this Unlisted Action; and Southold Town Planning Board Public Meeting — September 9, 2024 — Page 7 WHEREAS, on December 7, 2015, at their work session, the Planning Board reviewed the Public Hearing comments and the comments returned from the applicable and involved agencies, and certain requirement were made of the applicant by the Board in a letter dated December 14, 2015; and WHEREAS, no further information was provided by the applicant, and the application became inactive; and WHEREAS, on May 2, 2024, new property owners Aaron and Francesca Earls filed a revised application to continue this proposed subdivision; and WHEREAS, on May 20, 2024, at their work session, the Planning Board found that this Preliminary Plat application could be continued from where it was left in 2015 due to the limited options for configuration, and lack of environmental sensitivity; and WHEREAS, this parcel creates one new residential lot, which is expected to create additional demand for recreational facilities in the Town in the future; and WHEREAS, pursuant to §240-53 of the Southold Town Code- Reservation of park land on subdivisions plats containing residential units, the Southold Town Planning Board has determined that suitable land does not exist within the proposed subdivision due to its small size, and so it is appropriate to require a fee in lieu of reserving parkland on the subject property; and WHEREAS, on August 5, 2024, at their work session, the Planning Board reviewed the updated application, together with the comments from other agencies and the public comments received at the public hearing; and WHEREAS, on August 5, 2024, at their work session, the Planning Board reviewed the SEQRA EAF Parts II & III, together with the draft negative declaration prepared in 2015, and found that circumstances and environmental conditions relative to this subdivision had not changed; and WHEREAS, on August 5, 2024, at their work session, the Planning Board found that this preliminary plat application is ready for a determination pursuant to Town Code §240 Subdivision of land; therefore be it RESOLVED, that the Southold Town Planning Board, as described above, hereby finds that the proposed subdivision plat presents a proper case for requiring a park suitably located for recreational purposes, but that a suitable park cannot be properly located on such subdivision plat, and that the Planning Board will require $7,000.00 in lieu thereof, pursuant to 240-53 G of the Southold Town Code; Martin Sidor: Second. Southold Town Planning Board Public Meeting — September 9, 2024 — Page 8 Chairman Rich: Motion made by Don, seconded by Martin. Any discussion?All in favor? Ayes. Opposed? None. Motion carries. Donald Wilcenski: And be it further, RESOLVED, that the Southold Town Planning Board has determined that this proposed action is consistent with the policies of the Town of Southold LWRP; Martin Sidor: Second. Chairman Rich: Motion made by Don, seconded by Martin. Any discussion?All in favor? Ayes. Opposed? None. Motion carries. Donald Wilcenski: And be it further, RESOLVED, that the Southold Town Planning Board, pursuant to SEQRA, hereby makes a determination of non-significance for the proposed action and grants a Negative Declaration; Martin Sidor: Second. Chairman Rich: Motion made by Don, seconded by Martin. Any discussion?All in favor? Ayes. Opposed? None. Southold Town Planninq Board Public Meeting — September 9, 2024 — Page 9 Motion carries. Donald Wilcenski: And be it further, RESOLVED, that the Southold Town Planning Board grants a Conditional Preliminary Plat Approval upon the map entitled, "Preliminary Subdivision Map for the Property of Lee & Marie Beninati" prepared by Peconic Surveyors, dated December 15, 2008, last revised March 28, 2016, with the following conditions: Conditions: 1. Submission of a Final Plat Application meeting all the requirements of Section 240-20 of the Southold Town Code, and meeting all conditions of this Conditional Preliminary Plat Approval. 2. Revisions to Final Plat: a. Revise the Title of the Subdivision Map to the following: "Standard Subdivision for Earls Final Plat"; b. Remove the notation: "Prior to receiving a building permit for Lot 1, access from Lot 2 to Route 48 will be extinguished and prohibited." c. Illustrate a 30' landscaped evergreen buffer along CR 48 on proposed Lot 1: "Evergreen buffer 30' wide" i. Add this to the covenants, and ensure the language allows the driveway to CR 48 to be created. d. Add notations for which property monuments are installed, and which remain to be installed. e. Irrigation and Landscaping: i. Require the use of native, drought-tolerant plants in landscaping; ii. Area of irrigation should be limited to 15% of the lot area on Lot 1; iii. Require rain sensors to promote responsible irrigation methods; iv. Require only the use of organic fertilizers where the water- soluble nitrogen is no more than 20% of the total nitrogen in the mixture; v. Require a maximum of 1 lb. of nitrogen per 1000 square feet in any one application, with a cumulative application of no more than 2 lbs. per 1,000 square feet per year; vi. Prohibit the application of fertilizer products containing nitrogen, phosphorus, or potassium between November 1st and April 1 st; vii. The use of phosphorus containing lawn fertilizer is prohibited unless establishing a new lawn or soil test shows that the lawn does not have enough phosphorus. Fertilizer labels Southold Town Planning Board Public Meeting —September 9, 2024-— Page 10 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. 3. Prior to Final Plat Approval, the following will be required: a. Fulfillment of the Park and Playground Fee and the Administration Fee will be required prior to Final Plat Approval. A finding on the Park and Playground Fee requirement will be made on the , application during review of the Final Plat application; b. Approval by the Suffolk County Department of Health Services (SCDHS); c. Filing covenants and Restrictions (C&R's) that protect the environment, public safety, quality of life and community character t&the satisfaction of the Planning Board will be required to be filed. Draft C&R's will be provided to the applicant during the Final Plat application review. d. The installation of property monuments at the indicated locations and pursuant to Chapter 240. Martin Sidor: Second. Chairman Rich: Motion made by Don, seconded by Martin. Any discussion?All in favor? Ayes. Opposed? None. Motion carries. Chairman Rich: Apodiacos Standard Subdivision —This proposal is for a Standard Subdivision of a 3.26-acre parcel into four lots, where Lot 1 is 0.9 acres and contains an existing house, Lot 2 is 0.9 acres and Lot 3 is 1.2 acres. A fourth lot includes an existing right-of-way easement across the property and equals 0.2 acres. The property is located at 4260 Main Road, Greenport. SCTM#1000-35.-5-3 Martin Sidor: WHEREAS, on October 28, 2021, the applicant submitted a Standard Subdivision Application for review by the Southold Town Planning Board; and Southold Town Planning Board-Public--Meeting —September 9, 2024 — Page 11 WHEREAS, this proposal is for a Standard Subdivision of a 3.26-acre parcel into three lots, where Lot 1 is 0.92 acres and contains an existing house, Lot 2 is 0.92 acres and Lot 3 is 1.22 acres. The existing 0.20-acre right-of-way, current shown as a separate parcel, will be split and each half merged into Lots 2 and 3. Access for lots 2 & 3 will be from Wiggins Lane on the west side with a common driveway; and WHEREAS, a map from 1986 in Town Records indicates that there is a 50' right of way connecting Wiggins Lane across the parcel that still is in effect; and WHEREAS, on May 16, 2023, the applicant submitted a yield plan (mislabeled sketch plan) that conforms to the bulk schedule of the R-40 Zoning District showing the 50- wide right-of-way connecting Wiggins Lane and 3 proposed lots; and WHEREAS, at their work session on August 7, 2023, the Planning Board found the application to be complete; and WHEREAS, the Planning Board has determined the proposed action to be Unlisted as it does not fall within the Type I or Type II actions pursuant to the State Environmental Quality Review Act (SEQRA) 617.5; and WHEREAS, on October 16, 2023, the Southold Town Planning Board granted Conditional Sketch Plat Approval; and WHEREAS, on December 18, 2024, the applicant submitted a Preliminary Plat application; and WHEREAS, on March 25, 2024, the Planning Board found the Preliminary Plat application complete and set a public hearing for April 8, 2024; and WHEREAS, on May 3, 2024, a public hearing was held and closed, and WHEREAS, on July 16, 2024, the Southold Town Planning Board performed a coordinated review of this action and sent out referrals to involved and interested agencies; and WHEREAS, in their letter dated July 24, 2024, the Suffolk County Department of Economic Development and Planning responded that the application is "considered to be a matter for local determination"; and WHEREAS, on August 16, 2024, the Town of Southold Local Waterfront Revitalization Program (LWRP) Coordinator reviewed this application and recommended the proposed project be found consistent with the policies of the Southold Town LWRP; and Southold Town Planning Board Public Meeting —September 9, 2024 — Page 12 WHEREAS, the Southold Town Engineer and Southold Superintendent of Highways determined that Wiggins Lane is public on the west side and private on the east side and that it was not beneficial to connect them. They determined that lots 2 and 3 would best be accessed from the west portion of Wiggins Lane by a common driveway, 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 eligible to be waived as noted above because this subdivision is too small to require clustering, and the Sketch Plat suffices to prove the yield: a. Existing Resources Site Analysis Plan (ERSAP); b. Yield Plan; c. Primary & Secondary Conservation Area Plan; and WHEREAS, this parcel creates two new residential lots, which is expected to create additional demand for recreational facilities in the Town; and WHEREAS, pursuant to §240-53 of the Southold Town Code- Reservation of park land on subdivisions plats containing residential units, the Southold Town Planning Board has determined that suitable land does not exist within the proposed subdivision due to its small size, and so it is appropriate to require a fee in lieu of reserving parkland on the subject property; and WHEREAS, at their work session on August 19, 2024, the Planning Board found, pursuant to § 240-49 1 (4) of the Town Code, that the proposed subdivision presents a proper case for requiring street trees on Lot 1 to be planted for screening or landscaping purposes, but that a suitable location for said plantings does not exist, or it is otherwise impracticable; and WHEREAS, on August 19, 2024, at their work session, the Planning Board found that this preliminary plat application is ready for a determination pursuant to Town Code §240 Subdivision of land; therefore, be it RESOLVED, the Planning Board finds, pursuant to §240-49 1 (4) of the Town Code, that in lieu of two (2) street trees being planted, payment is required in the amount of $700.00 ($350.00 x 2) prior to final approval; Southold Town Planning Board Public Meeting — September 9, 2024 — Page 13 Amelia Jealous-Dank: Second. Chairman Rich: Motion made by Martin, seconded by Mia. Any discussion? All in favor? Ayes. Opposed? None. Motion carries. Martin Sidor: And be it further, RESOLVED, the Southold Town Planning Board has found that this proposed action is Consistent with the policies of the Town of Southold Local Waterfront Revitalization Program; Amelia Jealous-Dank: Second. Chairman Rich: Motion made by Martin, seconded by Mia. Any discussion?All in favor? Ayes. Opposed? None. Motion carries. Martin Sidor: And be it further, RESOLVED, that the Southold Town Planning Board, pursuant to the State Environmental Quality Review Act §617.6, established itself as Lead Agency after coordination with other agencies for this Unlisted Action; Amelia Jealous-Dank: Second. Chairman Rich: Motion made by Martin, seconded by Mia. Any discussion? All in favor? Ayes. Southold Town Planning Board Public Meeting — September 9, 2024 — Page 14 Opposed? None. Motion carries. Martin Sidor: 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 Martin, seconded by Mia. Any discussion?All in favor? Ayes. Opposed? None. Motion carries. Martin Sidor: And be it further, RESOLVED, that the Southold Town Planning Board, as described above, hereby finds that the proposed subdivision plat presents a proper case for requiring a park suitably located for recreational purposes, but that a suitable park cannot be properly located on such subdivision plat, and that the Planning Board will require $14,000.00 in lieu thereof, pursuant to §240-53 G of the Southold Town Code; Amelia Jealous-Dank: Second. Chairman Rich: Motion made by Martin, seconded by Mia. Any discussion? All in favor? Ayes. Opposed? None. Southold Town Planninq Board Public Meeting — September 9, 2024 — Page 15 Motion carries. Martin Sidor: And be it further, RESOLVED, that the Southold Town Planning Board grants a Conditional Preliminary Plat Approval upon the map entitled "Proposed Preliminary Plat Apodiacos Standard Subdivision" prepared by Kenneth M. Woychuck Land Surveying, Inc., dated February 1, 2020, and last revised April 22, 2023, with the following conditions; 1. Submit a Complete Final Plat Application. 2. The following amendments are required on the Final Plat: prepared by Kenneth M. Woychuk, dated February 1, 2020, last revised April 22, 2023: a. Rename the plat "Final Plat Apodiacos Standard Subdivision". b. Divide the Wiggins Lane right-of-way area that transverses the parcel between lots 2 and 3. This will remove the 0.20-acre area shown on the Preliminary Plat. 3. Submit a Road and Drainage Plan for the common driveway, including, but not limited to, erosion and sediment controls, stormwater calculations, a road centerline profile, and roadway cross-section details. a. Show a short common driveway access (Chapter 240. Subdivision of Land i. Article XII. Design Standards§ 240-45. Lots; streets; common driveways; flag lot design) to Lots 2 and 3 from the west dead end of Wiggins Lane. A common driveway access requires a 25' wide right of way and a 16' wide paved area. Each lot will own 12.5' of the right of way from the center line of the common driveway. b. Show the first 5' of the access constructed of asphalt from the existing edge of the asphalt pavement. c. Show the asphalt apron on the plans and provide details for the construction of the asphalt apron. 4. Verify that the shed located on Lots 1 and 3 conforms to Chapter 280 Building of the Southold Town Code. If they conform, no action is required. If they do not conform, a notation that they will be relocated or removed is required on the Final Plat. 5. Prior to Final Plat Approval, the following will be required: a. Fulfillment of the Park and Playground Fee and the Administration Fee; b. Approval by the Suffolk County Department of Health Services (SCDHS); Southold Town Planning Board Public Meeting — September 9, 2024 — Page 16 c. Filing covenants and Restrictions (C&R's) that protect the environment, public safety, quality of life and community character to the satisfaction of the Planning Board will be required to be filed. Draft C&R's will be provided to the applicant during the Final Plat application review; d. The installation of property monuments at the indicated locations and pursuant to Chapter 240. Amelia Jealous-Dank: Second. Chairman Rich: Motion made by Martin, seconded by Mia. Any discussion?All in favor? Ayes. Opposed? None. Motion carries. SEQRA CLASSIFICATION/CONDITIONAL SKETCH PLAN DETERMINATION Chairman Rich: Evans Standard Subdivision —This proposal is for the standard subdivision of a 5.68-acre parcel into 2 lots, where Lot 1 is 1.5 acres, and Lot 2 is 4.18 acres in the R-40 Zoning District. The property is located at 1050 Greton Court, Mattituck. SCTM#1000-107.-3-2 Amelia Jealous-Dank: WHEREAS, on April 30, 2024 the applicant submitted a Subdivision Application for review by the Southold Town Planning Board; and WHEREAS, this proposal is for the standard subdivision of a 5.68-acre parcel into 2 lots, where Lot 1 is 1.5 acres, and Lot 2 is 4.18 acres in the R-40 Zoning District; and WHEREAS, on July 22, 2024 the Southold Town Planning Board found the application complete; and WHEREAS, pursuant to §240-56 Waivers of certain provisions, the Southold Town Planning Board shall have the authority to modify or waive, subject to appropriate conditions, any provision of these subdivision regulations, if in its judgment they are not requisite.in the interest of the public health, safety and general welfare, except where such authority would be contrary to other ordinances or state law; and WHEREAS, the Southold Town Planning Board has determined that the following provisions of the Southold Town Code §240 Subdivision of Land are not requisite in the Southold Town Planninq Board Public Meeting —September 9, 2024 — Page 17 interest of the public health, safety and general welfare because this subdivision is proposing to reduce the number of total lot yield from 4 to 2 and is under 7 acres in size and exempt from mandatory clustering requirements, and therefore are eligible for a waiver: a. Yield Plan; and WHEREAS, the Planning Board has determined the proposed action to be Unlisted as it does not fall within the Type I or Type II actions pursuant to the State Environmental Quality Review Act (SEQRA) 617.5; and WHEREAS, on July 22, 2024, the Planning Board, at their Work Session, .reviewed the submitted map and found that all requirements have been met pursuant to Article V Sketch Plat; therefore be it RESOLVED, that the Southold Town Planning Board, pursuant to §240-56 Waivers of certain provisions, hereby waives the following provisions of subdivision: a. §240-10 (8):Yield Plan; Donald Wilcenski: Second. L Chairman Rich: Motion made by Mia, seconded by Don. Any discussion? All in favor? Ayes. Opposed? None. Motion carries. Amelia Jealous-Dank: And be it further, RESOLVED, that the Southold Town Planning Board has determined that this proposed action is an Unlisted Action under SEQRA as described above; Donald Wilcenski: Second. Chairman Rich: Motion made by Mia, seconded by Don. Any discussion? All in favor? Ayes. Opposed? None. Motion carries. Southold Town Planning Board Public Meeting_—September 9, 2024 — Page 18 Amelia Jealous-Dank: And be it further, RESOLVED, that the Southold Town Planning Board grants a Conditional Sketch Plan Approval upon the map entitled "Sean M. Evans & Morgan N. Evans Sketch Plan" prepared by Young Associates, dated March 20, 2024, with the following conditions: a. Submit a complete Preliminary Plat Application with a Preliminary Plat containing the following corrections and additions: i. Show the locations of proposed concrete monuments to mark the new lot corners and limit the non-disturbance buffer. ii. Extend the non-disturbance buffer to encompass the slope at the 28' topographical contour. iii. Change the name of the Preliminary Plat to "Evans Standard Subdivision." iv. Label on each lot in square feet the area that can be cleared. Lot 1 is restricted to 35 percent or 22,869 square feet. Lot 2 is 20 percent or 36,423 square feet. Donald Wilcenski: Second. Chairman Rich: Motion made by Mia, seconded by Don. Any discussion? All in favor? Ayes. Opposed? None. Motion carries. CONDITIONAL FINAL PLAT DETERMINATION Chairman Rich: Kalagiros Standard Subdivision —This standard subdivision proposes to subdivide a 4.28-acre parcel into two 2-acre lots in the Agricultural Conservation zoning district. The property is located at 18365 CR 48, Cutchogue. SCTM#1000-95-4-16.1 Donald Wilcenski: WHEREAS, this standard subdivision proposes to subdivide a 4.23-acre parcel into two lots where; Lot 1 equals 2.09 acres and Lot 2 equals 2.14 acres in the Agricultural Conservation zoning district; and Southold Town Planning Board Public Meeting --September 9, 2024 — Page 19 WHEREAS, on January 9, 2023, the Southold Town Planning Board approved the map entitled "Proposed Preliminary Plat Kalargiros Standard Subdivision", prepared by Peter V. Brabazon, PLS, dated May 24, 2022 and last revised June 15, 2022; and WHEREAS, on July 22, 2024, the Southold Planning Board found the Final Application complete; and WHEREAS, the Southold Police Department approved the road name "Dionysus Court"; and WHEREAS, the Southold Town Planning Board has found that this proposed action is Consistent with the policies of the Town of Southold Local Waterfront Revitalization Program; and WHEREAS, 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 WHEREAS, on June 20, 2024, the applicant's agent submitted a draft Performance Security (Bond) Estimate dated June 10, 2024, and cut sheets for the proposed light fixture that meets dark sky regulations; and WHEREAS, on August 6, 2024 the Southold Town Engineer approved the Kalargiros Road Development Plan last revised July 31, 2024 and Final Road and Drainage Plan last revised May 18, 2022; and WHEREAS, on August 6, 2024 the Town Engineer provided a bond estimate in the amount of$141,925.00 and with a 6% administrative fee in the amount of$8,515.50; and WHEREAS, on July 22, 2024, at their work session, the Planning Board found, pursuant to §240-24, that the Final Plat is in substantial agreement with the Preliminary Plat, making this application eligible for a waiver of the Final Plat public hearing, and that the Final Plat application is in substantial compliance with the requirements of§240 Subdivision of land of the Town Code; therefore be it RESOLVED, that the Southold Town Planning Board hereby waives the Final Plat Public Hearing as described above; Martin Sidor: Second. Chairman Rich: Motion made by Don, seconded by Martin. Any discussion? All in favor? Ayes. Southold Town Planning Board Public Meetinq — September 9, 2024 — Page 20 Opposed? None. Motion carries. Donald Wilcenski: And be it further, RESOLVED, that the Southold Town Planning Board accepts the Performance Security (Bond) Estimate in the amount of$141,925.00 dated August 5, 2024 and 6% administrative fee of$8,515.50 calculated by the Southold Town Engineer and recommends the same to the Southold Town Board; Martin Sidor: Second. Chairman Rich: Motion made by Don, seconded by Martin. Any discussion?All in favor? Ayes. Opposed? None. Motion carries. Donald Wilcenski: And be it further, RESOLVED, that the Southold Town Planning Board grants a Conditional Final Plat Approval upon the maps entitled "Final Plat Subdivision Map of Kalargiros", prepared by Peter V. Brabazon, PLS, dated October 19, 2023, and last revised June 6, 2024; "Final Road and Drainage Plan Kalargiros Standard Subdivision prepared by Necula Emanuel Elefterie, P. E. dated May 18, 2022, and last revised May 24, 2022 and "Kalargiros Road Development Plan, Alignment + Road Profile, (C-1)" prepared by Vincent Gaudiello, Raynor Group P.E. & L.S., PLLC, dated June 11, 20211/2024 and last revised July 31, 2024, subject to the following conditions; 1. Please amend the Final Road and Drainage Plan as follows: a. Replace the street light with reflectors marking the median and road end transition to driveways. 2. Performance and Maintenance Bonds for Dionysus Court: Southold Town Planning Board Public Meeting — September 9, 2024 — Page 21 a. Submit the required performance guarantee after the Planning Board and the Town Board have approved the Performance Security Bond Estimate dated June 10, 2024. i. Acceptable securities shall include, an unconditional and irrevocable letter of credit from a bank or deposit of funds in a savings passbook or a certificate of deposit (CD) issued by a bank or trust company located and authorized to do business in the State of New York and maintaining an office for the transaction of its business in the Town of Southold. ii. After construction of the public improvements covered by the performance bond and prior to the release of the bond, the developer shall prepare a set of the approved drainage plans and street profiles amended to indicate as-constructed information. The developer then may apply to the Town Engineering Office and/or Superintendent of Highways for a final inspection of the work. When the work has been completed to the satisfaction of the Town Engineering Office and/or Superintendent of Highways, they shall recommend to the Planning Board that the performance bond be released. 3. Submit the 6 percent performance bond fee in the amount of$8,515.50 pursuant to §240-37. Administration of the Southold Town Code. 4. Submit the required Park and Playground Fee pursuant to §240-53 G. of the Southold Town Code in the amount of$7,000.00. 5. Submit a Suffolk County Water Authority Letter of Water Availability. 6. Install property monuments pursuant to Town Code § 240-41 Mapping of completed improvements; monuments. Section C. Monuments. 7. Submit proof of filing for recording the covenants and restrictions with the Office of the Suffolk County Clerk, after the final draft of the covenants has been reviewed and approved by the Planning Board. 8. Submit 12 paper copies and 4 mylars of the Final Plat with the approval stamp of the Suffolk County Department of Health Services. Martin Sidor: Second. Chairman Rich: Motion made by Don, seconded by Martin. Any discussion?All in favor? Southold Town Planning Board Public Meeting —September 9, 2024 — Page 22 Ayes. Opposed? None. Motion carries. FINAL PLAT DETERMINATION EXTENSION Chairman Rich: Hirsch & DHC Land Resubdivision —This Resubdivision proposes to transfer a 35' strip of land consisting of 30,362.76 sq. ft. from Lot 1 to 2 in the R-80 Zoning District for a right of way access. Following the transfer Lot 1 (SCTM#1000-115- 10-1) will equal 620,542 sq. ft. and remain conforming in the R-80 Zoning District and Lot 2 (SCTM#1000-115-10-2) will equal 74,995 sq. ft. and remain conforming in the R- 40 Zoning District. The property is located at 5028 &4180 New Suffolk Avenue, Mattituck. SCTM#1000-115-10-1 & 2 Martin Sidor: WHEREAS, this Resubdivision proposes to transfer 31,914 sq. ft. from SCTM#1000- 74.4-5 (Parcel 1) to SCTM#1 000-74.-4-7.1(Parcel 2). Parcel 1 will decrease in area from 2.7 acres to 1.9 acres and be zoned Limited Business (LB), and Parcel 2 will increase in area from 0.8 acres to 1.5 acres and be split zoned General Business (B) and LB zone; and WHEREAS, on June 3, 2024, the Southold Town Planning Board granted Final Plat Approval upon the map entitled "Lot Line Modification for DHL Land LLC and Hirsch," prepared by Kenneth Y. Woychuck Land Surveying, last revised August 28, 2023." requiring that; 1. New deeds must be filed within 62 days of July 3rd, 2024 or such approval shall expire and be null and void. Submit proof of recording and a copy of the recorded deeds to the Southold Town Planning Department; and 2. The installation of property boundary monuments to mark the new property boundaries; and WHEREAS, the Final Plat Approval expired on August 4, 2024; and WHEREAS, on July 29, 2024 the applicant's agent wrote a letter to the Planning Board requesting a six-month extension to complete the requirements of Final Plat Approval; therefore be it Southold Town Planning Board Public Meeting —September 9, 2024 —.Page 23 RESOLVED that the Southold Town Planning Board extends the Final Plat Approval for this application to February 3, 2025. Amelia Jealous-Dank: Second. Chairman Rich: Motion made by Martin, seconded by Mia. Any discussion?All in favor? Ayes. Opposed? None. Motion carries. PUBLIC HEARINGS Chairman Rich: 5:01 PM - 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 Anyone wishing to address the Southold Town Planning Board on this project, please step forward to tone of the podiums, state your name and write it on the sheet at the podium for the record. Thank you. Mr.Cuddy? Charles Cuddy: My name is Charles Cuddy, 445 Griffing Avenue, for the applicant— in Riverhead, by the way. This is a really simple and direct subdivision. I think the real importance of it is that it preserves over eighty percent of this property, so of the 28.9 acres —you get 23.8 of them preserved and there's just going to be one additional residence at this site. I think it's appropriate and that it should be approved by the Board. Chairman Rich: Thank you, sir. Jessica Michaelis: Please note that all the adjacent property notices were done correctly—for the record. Chairman Rich: Thank you. Charles Cuddy: I don't see too many people here (laughter), I feel outnumbered. Chairman Rich: I think they all went home for dinner (laughter continues). Southold Town Planning Board Public Meeting — September 9, 2024 — Page 24 Donald Wilcenski: I make a motion to close the hearing. Aelia Jealous-Dank: Second. Chairman Rich: Motion made by Don, seconded by Mia. Any discussion? All in favor? Ayes. Opposed? None. Motion carries. Amelia Jealous-Dank: I make a motion to adjourn the meeting. Donald Wilcenski: Second. 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