HomeMy WebLinkAboutBing Convervation Sub DIME BANK GC�GOMCD
February 13,2025 MAR 0 3 2025
SOUTHOLD TOWN
Town Board of the Town of Southold PLANNING BOARD
53095 State Route 25
P.O. Box 1179 j
Southold,NY 11971 �� - ��� "' E D31
RE:BING CONSERVATION SUBDIVISION
PREMISES: 6795 and 7755 OREGON ROAD,CUTCHOW- F _ 9 2025
SCTM: 1000-95-1-7.2
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Dear Honorable Krupski and members of the Town Board: L --- - p--
We hereby acknowledge that a Money Market account is held as security to the attached
performance bond and that no funds will be released unless authorized by a.resolution of the
Town Board.
Please be further advised that we have placed a hold on the Money Market
account#5000409721 in the amount of Six hundred fifty-four thousand two hundred sixty-five
dollars ($654,265.00)U. S.Dollars.
The CD is in the name of Oregon Close LLC,as.guarantor of the bond._
Dime Bank is located and authorized to do business in the State of New York and
maintains an office for the transaction of its business in the Town of Southold.
A hold will remain on the Money Market account until we receive written notification
from an authorized representative of the Town of Southold stating that: Oregon Road LLC has
performed in accordance with the terms and conditions of the Big Bing Conservation Final Plat
approval and that certain Site Improvement required by the Town of Southold have been
completed.
Dime will maintain an executed withdrawal slip made payable to the Town of Southold
and/ r anTanager
t of the right to the funds upon a default.
?id B
Regional
Dime Bank
8 Gingerbread Lane,East Hampton NY 11937
631-324-8480
RESOLUTION 2025-110
ADOPTED . DOC ID: 21046
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2025-110 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
JANUARY 21,2025:
RESOLVED that the Town Board of the Town of Southold hereby accepts the Bond Estimate in
the amount of$654,265.00 for the proposed Bing Conservation Subdivision, SCTM#1000-95.-1-
7.2 & 8.3, located at 6795 &7755 Oregon Road, Cutchogue, as recommended by the Southold
Town Planning Board, subject to the approval of the Town Attorney.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Brian O. Mealy, Councilperson
SECONDER:Anne H. Smith, Councilperson
AYES: Krupski Jr, Smith, Doherty, Evans,Doroski, Mealy
I ,
OFFICE LOCATION: �dF S01/ry 1v1AILING ADDRESS:
Town Hall Annex ��� �/_ P.O.Box 1179
54375 State Route 25 Southold,NY 11971
(cor.Main Rd.&Youngs Ave.)
Southold,NY N ac Telephone:631 765-1935
® Yp� www.southoldtownny.gov
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
January 14, 2025
Patricia Moore, Esq.
51020 Main Road
Southold, NY 11971
Re: Reissue Conditional Final Plat Approval
Bing Conservation Subdivision
Located at 6795 and 7755 Oregon Road, Cutchogue, New York
SCTM#1000-95-1-7.2 Zoning District: R-80 and A-C
Dear Ms. Moore:
The Southold Town Planning Board adopted the following]resolutions at a meeting held
on Monday, January 13, 2025:
WHEREAS, this applications Conditional Final Plat approval is being re-issued due to
the lengthy gap in time from the previous issuance. This gap in time was due to a delay
in obtaining approval from the Suffolk County Department of Health Services; and
WHEREAS, this proposal is for a 75/75 split clustered Conservation Subdivision of .
84.72 acres, currently existing as two adjacent parcels, SCTM 1000-95-1-8.3 (54.24
acres) and SCTM 1000-95-1-7.2 (30.49 acres), into 8 residential lots ranging in size
from 1.86 to 4.38 acres, a right of way of 2.48 acres, and 2 agricultural lots totaling
60.38 acres from which development rights have been sold to Suffolk County, in the AC
and R-80 Zoning Districts; and
WHEREAS, the split cluster is permitted due to this proposal being a conservation
subdivision where the density has been voluntarily reduced from ten to eight residential
lots; and
WHEREAS, on August 3, 2017, the Southold Board of Trustees submitted a letter
verifying the top of bluff from their March 16, 2017 inspection to the Planning Board and
indicated that the line on the Sketch Plan dated November 7, 2016 accurately reflects
the top of bluff with the exception of one area on Lot 6 where the line is to be moved to
the 54 foot contour; and
Bing Conservation Subdivision { Pa e 12 January 14. 2025
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WHEREAS, on August 8, 2017 the Southold Town Planning Board granted Conditional
Sketch Plan Approval upon the map entitled 75/75 Clustered Conservation Subdivision
Big Bing", dated January 18, 2016 and last revised June 14, 2017, prepared by David
H. Fox, Licensed Land Surveyor, with five conditions; and
WHEREAS, in a December 28, 2018 letter the Town of Southold Superintendent of
Highways, pursuant to Chapter 161. Highway Specifications Article Ill. Roadway
Construction§ 161-15 Construction specifications, A, Footnote 5, approved the
reduction of the required 50' right of way to 30' in width with a 26' wide load-bearing
surface; and
WHEREAS, on March 8, 2019 the Final Plat application was submitted; and
WHEREAS, on March 25, 2019, the Planning Board reviewed the Final Plat application
at their Work Session and found the application complete; and
WHEREAS, on May 6, 2019 a Final Plat Public Hearing was held and closed; and
WHEREAS, at their April 8, 2019 work session, the Planning Board agreed to accept
the road name of"Oregon Close"; and
WHEREAS, the Planning Board 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, at their March 25, 2019 work session the Planning Board found 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 due to the
location of the parcel, active agriculture use and the proposed sale of development
rights; and
WHEREAS, Southold Town Code §240-59 G establishes a fee to be paid in lieu of
providing a park within the subdivision, and the required fete is $3,500.00 per new lot
created for a total of$21,000; and
WHEREAS, the Southold Town Planning Board, pursuant to Town Code §240-56,
Waivers of Certain Provisions, 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,
may waive any provision of the subdivision regulations if in its judgment they are not
requisite in the interest of the public health, safety and general welfare. After reviewing
the information submitted for this application, the Planning!Board has determined that
due to the following reasons it is eligible for the following waivers;
1. Environmental Resources Site Analysis Plan (ERSAP) and the Primary and
Secondary Conservation Area Plan - Since the subdivision is a conservation
subdivision, the parcels contain large areas in active agriculture upon which the
landowner proposes to sell development rights to Suffolk County and the
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Bing Conservation Subdivision Page 13 January 14. 2025
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unbuildable area is limited to the Coastal Erosion Hazard Area, the design of the
subdivision did not require these plans.
2. Clearing Limits on Lots 1, 4, 5, 9 and 10. These lots are cleared or mostly
cleared, in agricultural use or located within close proximity to active agriculture.
Lots 4 and 10 are required to install a landscaped buffer and the remaining lots
are expected to be landscaped; and
3. Clearing Limits on lots 6, 7 and 8. Clearing limits on,these lots have been
modified to allow a maximum amount percent to be,cleared from 20 percent to 52
percent of buildable lands, excluding right of ways. The Planning Board agreed to
the increase in the clearing limits to compensate for the area that the 50' Non-
Disturbance Buffer and 50' Landscaped Buffer occupy on each lot; and
4. Town Code § 240-49 1 (2). Street trees on Lots 1, 2 and 3 can be waived due to
potential conflicts with current and future agricultural operations and practices;
and
WHEREAS, on July 6, 2020, at their public meeting, the Planning Board found,
pursuant to §240-491 (4) of the Town Code, that the proposed subdivision presents a
proper case for requiring street trees on lots 4, 5, 7, 9, and 10 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 required the applicant to pay a sum of
money in lieu thereof in the amount of$350.00 per tree on$8,050.00; and
WHEREAS, the Planning Board hereby waives § 240-49.;Clearing. (clearing limits) on
lots 1, 2, 3, 4, 5, 9, and 10, and modifies clearing limits on; Lots 6, 7, and 8 to allow an
increase from 20 percent to 52 percent area to be cleared limited to 80,118 square feet
on lot 6, 77,182 square feet on lot 7 and 85,468 square feet on lot.8 of the buildable
lands excluding the area of the right of ways; and
WHEREAS, on August 20, 2019, Robert Fisher, Town Fire Marshal accepted and
approved (by email) the proposed 16' wide paved road and 5' wide drivable surfaces on
either side for a total road width of 26' with the condition that an engineer certification is
submitted to the Planning Board that the load bearing weight of the road would support
75,000 lbs.; and
i
WHEREAS, in an August 22, 2019 email, Vincent Orlando, Town Highway
Superintendent accepted and approved the proposed road specifications; and
WHEREAS, the construction of the road will meet all requirements of Chapter 161
Highway Specifications, except for the width of the right of way and road, which were
allowed to be smaller than required in Chapter 161; and
WHEREAS, in a November 21, 2019 email the Superintendent of Highways and the
Town Engineer approved the waiver of street trees on Lots 1, 2 and 3; and
Binci Conservation Subdivision Page 14 January 14, 2025
WHEREAS, on June 25, 2020 the Final Plat titled "Final Plat of Big Bing" and last
revised on January 8, 2020 was submitted; and
WHEREAS, on July 6, 2020 at their public meeting, pursuant to Town Code §240-56,
Waivers of Certain Provisions the Planning Board resolved to waive or modify § 240-49
1 (4) of the Town Code as follows:
1. Waiving the requirements of Town Code §240 to submit the ERSAP and
Primary and Secondary Conservation Plans; and
2. Waiving street trees on Lots 1, 2 and 3 due to potential conflicts with current
and future agricultural operations and practices;,and
3. Waiving clearing limits on lots 1, 2, 3, 4, 5, 9, and 10; and
4. Modifying clearing limits on lots 6, 7 and 8 and sets the maximum amount
percent to be cleared from 20 percent to 52 percent of buildable lands
excluding right of ways; and
WHEREAS, on July 6, 2020, at their public meeting, the Planning Board, pursuant to
SEQRA, resolved to make a determination of non-significance for the proposed action
and granted a Negative Declaration; and
WHEREAS, on July 6, 2020, at their public meeting, the Planning Board resolved to
determine that this proposed action is consistent with the policies of the Town of
Southold Local Waterfront Revitalization Program; and
WHEREAS, on April 8, 2021, Suffolk County purchased the development rights on 75%
of the buildable lands, thereby meeting the preservation requirement of the 75/75
conservation subdivision; and
WHEREAS, on July 23, 2021, the NYSDEC issued an ACKNOWLEDGMENT of
NOTICE OF INTENT for Coverage Under SPDES General Permit for Storm Water
Discharges from CONSTRUCTION ACTIVITY— General Permit No. GP-0-20-001:
Permit number NYR111475; and
WHEREAS on June 6, 2023, the Southold Town Board approved a Resolution 2023-
546 amending the "Town of Southold Water Supply Plan:Map to a Portion of Oregon
Road, Cutchogue, New York, SCTM# 1000-95-1-7.2 & 8.3; and
WHEREAS, on November 14, 2023 the SCWA issued a Letter of Water Availability for
the project; and
WHEREAS, on May 29, 2024, the applicant submitted the final plat with the approval
stamp from the Suffolk County Department of Health Services (SCDHS) dated January
8, 2000 and last revised on May 10, 2024, and
WHEREAS, a requirement of the SCDHS is the installation of a 1991-foot 12-inch public
water main on Oregon Road westerly from the existing main, a 2000-foot 8-inch main,
and a 1400-foot 6-inch main and three fire hydrants to be installed in the easement to
serve the residential lots; and
Bing Conservation Subdivision Page I5 January 14, 2025
WHEREAS, on June 13, 2024, the Planning Board received notice that the costs of
installing the Water Line Main Extension and Fire Hydrants is under Suffolk County
Water Authority oversight and contract, and therefore could be excluded from the
Town's performance guaranty bond estimate; and
WHEREAS, on September 3, 2024, the applicant submitted a check in the amount of
$21,000 for the Park & Playground fee; and
WHEREAS, on September 3, 2024 the applicant submitted a check in the amount of
$8,050.00 (Check Number 1002) in lieu.of the applicant planting street trees; and
WHEREAS, on December 2, 2024 the Southold Town Engineer determined that the Big
Bing Subdivision Erosion and Sediment Control Plan dated June 23, 2021 and last
revised October 12, 2024 meets Chapter 236-Stormwater Management of the Southold
Town Code; and
F
WHEREAS, on December 9, 2024, the Southold Town Engineer provided a revised
bond estimate dated December 9, 2024, in the amount of$654,265.00, with an
administration fee of$39,255.90; be it therefore
RESOLVED, that the Southold Planning Board accepts the revised bond estimate dated
December 9, 2024, in the amount of $654,265.00 and recommends the same to the
Southold Town Board, and be it further
RESOLVED,that the Southold Town Planning Board hereby re-issues Conditional
Final Plat Approval upon the map entitled "Subdivision Map Prepared for Big Bing"two
sheets, prepared by David H. Fox, Land Surveyor dated January 8, 2020, and last
revised May 10, 2024, the Road & Drainage Plan entitled "Final Road & Drainage Plan
for the Clustered Subdivision of Big Bing", three sheets, prepared by David H. Fox,
Land Surveyor dated October 26, 2017 and last revised January 6, 2025, and the
erosion control plan entitled "Erosion & Sediment Control Plan", two sheets, prepared
by Douglas Adams, Engineer dated June 23, 2021 and last revised October 12, 2024
with the following conditions:
1. Revise the covenants and restrictions on the residential lots to the satisfaction of the
Planning Board, file them with the Suffolk County Clerk's Office and submit proof of
filing to the Planning Board;
2. File the covenants and restrictions on the preserved open space/farmland with the
Suffolk County Clerk's Office and submit proof of filing to the Planning Board;
3. Upon approval by the Southold Town Board, submit a,performance guarantee as a
letter of credit as outlined in Town Code § 240-34. Forms of security of the Southold
Town Code in the amount of$664,265.00;
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Bing Conservation Subdivision Page I6 January 14, 2025
4. Upon approval by the Southold Town Board, submit the Administration Fee in the
amount of$39,255.90, calculated as 6% of the total bond amount;
5. Meet all Chapter 240. Subdivision of Land Article VII. Final Plat Review § 240-21.
Technical requirements;
6. Submit 12 paper copies and 4 mylars of the Final Plat with the approval stamp of the
Suffolk County Department of Health Services.
The applicant shall have 180 days to meet the conditions. The Planning Board
may extend this time upon request. Upon a finding that all conditions have been
met, the Planning Board will schedule the application for a Final Determination at
the next available Public Meeting.
If you have any questions regarding the information contained in this resolution, please
contact the Planning Board Office.
Respectfully,
)4-� H. 9.1-4 ?-- I
James H. Rich III
Chairman
Cc: Lillian McCullough, Land Preservation Coordinator