HomeMy WebLinkAboutPB-04/07/2025 PH 1
1 TOWN OF SOUTHOLD
COUNTY OF SUFFOLK: STATE OF NEW YORK
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3
TOWN OF SOUTHOLD
4 PLANNING BOARD MEETING
5 PUBLIC HEARINGS
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6
7
8 Southold, New York
9 April 7 , 2025
5 : 00 P .M .
10
11
12
B E F O R E :
13
14 James Rich, III , Chairman
15 Mia Jealous-Dank, Member
16 Martin Sidor, Member
i
17 Pierce Rafferty, Member
18 Donald Wilcenski, Member
19
20 Jessica Michaelis, Senior Office Assistant
21
22
23 � e
24
25
April 7, 2025 2
1 INDEX TO HEARINGS
2
3 Hearings Held Over Page
4 Summit Ridge Energy Commercial Solar 3-18
5 Old Sound Winery & Farmhouse 18-20
6
7
8 Public Hearings
9 Smyth Standard Subdivision 20-22
10 McBride Standard Subdivision 22-28
11 Tuthill Conservation Subdivision 28-71
12
13
14
15
16
17
18
19
20
21
22
23
24
25
April 7, 2025 3
1 SUMMIT RIDGE ENERGY COMMERCIAL SOLAR
2 CHAIRMAN JAMES RICH III : Now
3 we ' re going to go to hearings that are
4 held over . The first hearing is Summit
5 Ridge Energy Commercial Solar . This
6 proposed site plan is to construct a
7 commercial scale 3 megawatt solar
8 energy Facility consisting of 7900
9 solar panels , 2 inverters, 2
10 transformers on 20 acres . Located on
11 the cap of the Southold Town landfill
12 and adjacent to the Southold Town
13 Transfer Station in the Light
14 Industrial Zoning District, Cutchogue .
15 Suffolk County Tax Map
16 #1000-96 . -1-17 . 54 .
17 And before we start this hearing,
18 I do have any of these hearings . I
19 have a little -- some ground rules to
20 announce with these hearings that are
21 coming up . We would ask everyone to
22 please be respectful and remain quiet .
23 These hearings are being recorded and
24 for a clean record, it ' s really
25 important that we refrain from
April 7, 2,025 4
1 applause, calling out or making other
2 noises . The applicant will generally
3 speak first and any technical experts
4 they wish to present will go first .
5 Next, the Board will open the floor to
6 anyone who wishes to speak . Each
7 person may speak only once . Line up at
8 the podiums or on Zoom. Via Zoom,
9 raise your hand on Zoom or via
10 telephone . Dial 9 . State your name
11 first . Direct your comments to the
12 Planning Board . Limit your comments to
i
13 three minutes , not all -- a tone will
14 sound after two minutes and 30 seconds
15 to alert you that you have 30 seconds
16 more to speak. A second tone will
17 sound at three minutes to let you know
18 that your time is up . We appreciate
19 your adherence to this time limit . If
20 three minutes is not enough, you can
21 submit your rest of your comments in
22 writing . All written comments have the
23 same weight in our records as verbal
24 comments do . After you ' re done
25 speaking, please write your name on a
April 7, 2025 5
1 sign-in sheet . Note those attending
2 via Zoom will be invited to speak after
3 all in-person attendees have spoken .
4 This Board may adjourn this hearing to
5 a future day . Close the hearing or
6 keep it open for written comments .
7 Anyone wishing to address the
8 Southold Town Planning Board on a
9 subject of Summit Ridge Energy
10 Commercial Solar Array, and that ' s at
11 the Southold Town Landfill .
12 Okay. Actually, before you start,
13 I do have one more statement to make .
14 This solar proposal does not include
15 any battery storage . Originally, it
16 did, but due to the moratorium on the
17 BESS, the applicant redesigned the
18 system so that it did not require
19 battery storage to function . We did
20 not need to have further discussion on
21 a topic of battery energy storage .
22 Comments should focus on the proposal
23 that is front of this Planning Board.
i
24 For those interested in BESS, that ' s
25 battery storage, the Town Board is
April 7, 2025 6
1 looking to extend a moratorium on
2 battery energy storage systems, while
3 we wait for New York State to provide
4 an updated fire code . Thank you .
5 JEREMY KARPF: Hello . My name is
6 Jeremy Karpf . I 'm here representing
7 Summit Ridge Energy, the developer of
8 the project . Mr . Chairman, would you
9 like me to start the presentation from
10 scratch or deal with some of the
11 comments that came in from the last
12 hearing?
13 CHAIRMAN JAMES RICH III : If you
14 want to deal with some of the comments
15 that came in from last time, I don ' t
16 think we need to go over it for
17 scratch .
18 JEREMY KARPF: Okay .
19 CHAIRMAN JAMES RICH III :
20 Everything that has been said at the
21 last one is recorded and part of the
22 record.
23 JEREMY KARPF: Okay . So two main
24 items came up during the hearing . The
25 first one was about noise from the
April 7, 2025 7
1 inverters themselves . The spec sheet
2 for the inverter we will be using has a
3 decibel level of 59 . 2 decibels, which
4 is roughly a conversation . And that ' s
5 standing directly at it . Once you go
6 100 feet back, which is the setback
7 greater than this -- less than the
8 setback that we have from the property
9 line, it drops down to about 23 or so
10 decibels, which is equivalent to a
11 whisper . So there should be really no
12 sound that permeates to any adjacent
13 property. Additionally, there were
14 some questions regarding the landfill
15 and protection of the cap . And so I
16 just wanted to list a few items that
17 are included as part of our planning
18 for it . So we will be doing flagging
19 above ground of any major components .
20 Such as gas vents or monitor wells . We
21 will also be demarcating the landfill
22 cover limits , and having an awareness
23 training with all workers involved in
24 the project . There would be continual
25 monitoring, inspections , and reporting .
April 7, 2025 8
1 And we would be using primarily hand
2 tools and buckets without teeth . And
3 if there were any issues with
4 stabilization, it would be promptly
5 dealt with and re-stabilized. I think
6 that ' s all .
7 CHAIRMAN JAMES RICH III : Sign
8 your name?
9 JEREMY 'KARPF: Yes .
10 CHAIRMAN JAMES RICH III : Thank
11 you . Now anyone wishing to address
12 Southold Town Planning Board on the
13 Solar Arrays in Cutchogue?
14 BARBARA TAYLOR: Barbara Taylor .
15 I have a few questions . Still
16 concerns . We had asked about
17 environmental study, as far as, this
18 was concerned. And were there any
19 other locations in the Town of Southold
20 that this could be done? And also the
21 safety plan in case of a problem with
22 the inverters and the transformer? And
23 who would be responsible for the panels
24 if this did go forward and per se that
25 they didn ' t want to continue it? Who
April 7, 2025 9
1 would be responsible for taking down
2 the panels?
3 CHAIRMAN JAMES RICH III : So your
4 comments are being recorded and they
5 will be addressed in our final reports ,
6 but I will tell you that I believe the
7 direction we ' re going, and is to
8 require a discontinuation bond from the
9 installer to address what happens as
10 this reaches the end of its life cycle .
11 BOB BITNER: Anyone else for
12 Summit Ridge BESS? Yeah, I don ' t know
13 if this is the place, but what I 'm
14 concerned about is they ' re going to put
15 up a solar field . And as I understand,
16 a business model is they put up the
17 solar field, they sell the electric to
18 the electric company, and they make a
19 profit . So I 'm concerned about the
20 Town. How much is the Town getting for
21 this .
22 CHAIRMAN JAMES RICH III : That
23 would be a question and I think it
24 could be FOIL ' d or you could probably
25 call a Town Board. They, have put this
April 7, 2025 10
1 out for bid and they are taking -- They
2 are renting this land to this company .
3 JESSICA MICHAELIS : Please state
4 your name for the record, sir .
5 CHAIRMAN JAMES RICH III : Oh, I 'm
6 sorry. Yeah, please state your name
7 for the record .
8 BOB BITNER : Bob Bitner,
9 Cutchogue . So will there be another
10 public hearing as a Town on this?
11 CHAIRMAN JAMES RICH III : I -- do
12 you know the answer to that? Question
13 was if there ' s another public hearing
14 from the Town on this? We believe the
15 Town is already in contract with this .
16 BOB BITNER: Okay . Thank you .
17 BOB BITNER: Thank you .
18 CHAIRMAN JAMES RICH III : Anyone
19 else? You have any -- Oh, okay . We do
20 have somebody else .
21 RAFAEL BATTLIACA: My name is
22 Rafael Battliaca, I live in Mattituck .
23 When you say the Town is already in
24 contract with this , is this already
25 ongoing?
April 7, 2025 11
1 CHAIRMAN JAMES RICH III : No, but
2 the initial --
3 RAFAEL BATTLIACA: Did you say
4 contact? The contract --
5 CHAIRMAN JAMES RICH III : I would
6 say they' re in communication . I think
7 that they put -- I think they wrote a
8 proposal for bids . And they put the
9 property out for bid to this type of
10 company. And this is company is a
11 company that they have chosen . I do
12 not know whether they physically signed
13 a contract or not . But again, that is
14 not -- I don ',t want to say business,
15 but it ' s not -- that ' s not what this
16 Planning Board is . We don ' t have any
17 control over that . That ' s the Town
18 Board, Southold Town Board .
19 RAFAEL BATTLIACA: Okay . The
20 place we ' re talking about is it on
21 Oregon Road?
22 CHAIRMAN JAMES RICH III : It ' s in
23 -- on the cap landfill, south of Oregon
24 Road --north of -- south of Oregon
25 Road . North of 48 . It ' s what we would
April 7, 2025 12
1 commonly call the "dump" or "recycle
2 center" . It ' s in the cap landfill
3 behind that .
4 RAFAEL BATTLIACA: Is it the same
5 place where the BESS was proposed?
6 CHAIRMAN JAMES RICH III : No .
7 Absolutely not . Different place .
8 RAFAEL BATTLIACA: Okay . Well
9 just as a resident, you know, part of
10 the attraction of being here has a lot
11 to do with aesthetics . And a lot to do
12 with sort of the agricultural nature of
13 things . And just concerned about how
14 the end result will fit into the look .
15 Is there -- you mention the certain
16 number of panels . What it -- what was
17 that number?
18 CHAIRMAN JAMES RICH III : It is
19 7900 panels, but you will not be able
20 to see this . This is in a industrial
21 area, which is the old landfill that
22 was there for, I don ' t know 50-60
23 years . And it was required by the New
24 York State DEC to be capped as a
25 landfill . There ' s a cap put on it . To
April 7, 2025 13
1 to keep it from draining into the -- I
2 don ' t really understand that
3 technology, but that ' s where this will
4 be . It is not visible, in my opinion,
5 from Oregon Road, from Route 48 , what
6 we call the North Road . I don ' t think
7 it ' s visible . It may be -- that would
8 be a stretch to think it ' s visible from
9 any place on ,Depot Lane .
10 RAFAEL BATTLIACA: Okay.
11 CHAIRMAN JAMES RICH III : And it ' s
12 not visible from Cox Lane .
13 RAFAEL BATTLIACA: Is there any
14 other nearby existing instance of 7900
15 solar panels that could be just looked
16 at? But if people are interested in
17 seeing what the end thing, where --
18 CHAIRMAN JAMES RICH III : I don ' t
19 -- the only one that I 'm aware of
20 possibly Edwards Avenue, intersection
21 at Edwards Avenue . And then --
22 RAFAEL BATTLIACA: I guess , I ' d
23 like to -- I think there ' d probably be
24 a group of people from -- local people
25 that would be interested in seeing
April 7, 2025 14
1 examples of that . If there were some
2 that we could drive to and just look at
3 just to get a feeling .
4 JESSICA MICHAELIS : I 'm sorry, we
5 can ' t have --
6 CHAIRMAN JAMES RICH III : Sir?
7 Sir, we cannot have a back and forth
8 between the crowd. As I just said,
9 there is one on Edwards Avenue . It is
10 down past the Hampton Jitney. Just
11 _ before the railroad tracks . At the
12 south-end of Edward Avenue . Just
13 before it goes into LIE .
14 RAFAEL BATTLIACA: All right .
15 Thank you .
16 CHAIRMAN JAMES RICH III : Thank
17 you . Did you say your name? Write
18 your name?
19 RAFAEL BATTLIACA: I started by
20 saying my name, but I ' ll repeat it .
21 Rafael Battliaca .
22 CHAIRMAN JAMES RICH III : And you
23 write your name down too . Yes, please .
24 Anyone else?
25 TOM STEVENSON :., Hi, Tom Stevenson,
April 7, 2025 15
1 Orient . I couldn ' t think of a better
2 spot for a solar project like this . I
3 think it ' s long overdue . I know the
4 Town ' s been talking about it forever .
5 So it ' s on top of a whole bunch of
6 garbage . I really don ' t know how it
7 could make it worse . So I do
8 appreciate the comments about what the
9 Town ' s getting out of it, because I
10 know lease, those types of things, but,
11 that ' s not for here, so .
12 CHAIRMAN JAMES RICH III : Thank
13 you . Thank you for coming . Really
14 trying to keep this one comment at a
15 time, Stella . Go ahead. Go ahead .
16 BARBARA TAYLOR: Just want to say
17 that there are homes in that area . My
18 home is in that area . I have
19 neighbors . The churches below us, and
20 there ' s several other homes .
21 CHAIRMAN JAMES RICH III : There
22 are certainly homes in it . And I did
23 not sa'y it . I said it was not visible
24 from 48 , Oregon Road or Cox Lane or
25 Depot Lane . Thank you . Thank you for
April 7, 2025 16
1 your comments . Have someone on Zoom?
2 JESSICA MICHAELIS : Alix O ' Mara?
3 ALIX O ' MARA: Alix O ' Mara, member
4 of Friends of Oregon Road. As I said
5 during the last hearing our concern is
6 that the solar project is a Trojan
7 horse . Meaning it ' s the first step
8 towards allowing a BESS --
9 CHAIRMAN JAMES RICH III : Ms .
10 O 'Mara, we are not going to address the
11 battery storage issue .
12 ALIX O ' MARA: I hear you . But the
13 Trojan horse point is something to be
14 considered. And we heard at the last
15 meeting that they ' re going to connect
16 directly to the grid and they don ' t
17 require battery storage . That ' s great .
18 We just want to make sure that is
19 adhered to . But I also urge the Town
20 to consider two other factors should it
21 decide to move forward . And I know
22 these points that I 'm about to make or
23 more for the Town Board, but I want
24 them of record here as well . And
25 first, if the membrane of the landfill
April 7, 2025 17
1 requires repair down the road, who will
2 pay for the removal of the solar
3 panels? Of course, it shouldn ' t be the
4 Town, it should be the developer . And
5 second, in the event the Town needs to
6 remove the panels for maintenance or
7 repair, the Town should make sure that
8 the developer doesn ' t look to the Town
9 to recoup lost revenue during the
10 repair period . Thank you .
11 CHAIRMAN JAMES RICH II-I : Thank
12 you . Anyone else? Is anybody else on
13 Zoom, Jess?
14 JESSICA MICHAELIS : No .
15 MEMBER MIA JEALOUS-DANK: I move
16 we close this hearing .
17 MEMBER DONALD WILCENSKI : Second .
18 CHAIRMAN JAMES RICH III : We have
19 a motion to close the hearing .
20 Seconded. All in favor?
21 MEMBER DONALD WILCENSKI : Aye .
22 MEMBER MIA JEALOUS-DANK: Aye .
23 MEMBER PIERCE RAFFERTY : Aye .
24 MEMBER MARTIN SIDOR: Aye .
25 CHAIRMAN JAMES RICH III : Aye .
T
April 7, 2025 18
1 Any discussion?
2 (No Response) .
3 CHAIRMAN JAMES RICH III : Opposed?
4 (No Response) .
5 CHAIRMAN JAMES RICH III : Hearing
6 is closed. Thank you very much for
7 your patience, and your input .
g ***************************************
9 OLD SOUND WINERY & FARMHOUSE
10 CHAIRMAN JAMES RICH III : Next
11 hold over hearing is Old Sound Winery
12 and Farmhouse . This site plan proposes
13 a 48 -- Oh, I 'm sorry. I got -- read
14 the wrong line here . Okay . Next site
15 plan is McBride Standard Subdivision .
16 This proposal --
17 MEMBER MIA JEALOUS-DANK: No . We
18 are --
19 CHAIRMAN JAMES RICH III : Yeah,
20 I 'm sorry . I got it . Okay . I was
21 right . Old Sound Winery Farmhouse .
22 The site proposes a 4 , 800 square foot
23 winery with a tasting room and basement
24 storage . Preserving an existing
25 greenhouse and barn potting shed and
1
April 7, 2025 19
1 repurposing a historic blacksmith shop
2 for storage . The plan includes 29
3 parking stalls, pedestrian access to
4 the winery, a building envelope for a
5 future farmhouse and designated area
6 for agricultural plantings . After
7 resubdivision, the 12 . 59 acre parcel
8 spans R-40 with at 0 . 74 acres and R-80 ,
9 11 . 85 acres in, Mattituck. Suffolk
10 County Tax Map # 1000-122 . -2-8 . 1 and
11 24 . 4 .
12 Anyone wishing to address the
13 Southold Town Planning Board on Old
14 Sound Winery and Farmhouse?
15 (No Response)
16 CHAIRMAN JAMES RICH III : Jess, do
17 you have anybody?
18 MEMBER MIA JEALOUS-DANK: I move
19 we close this hearing .
20 MEMBER DONALD WILCENSKI : Second .
21 CHAIRMAN JAMES RICH III : Motion
22 made by Mia to close the hearing .
23 Seconded by Don . Any discussion?
24 (No Response) .
25 CHAIRMAN JAMES RICH III : All in
April 7, 2025 20
1 favor?
2 MEMBER DONALD WILCENSKI : Aye .
3 MEMBER MARTIN SIDOR: Aye .
4 MEMBER MIA JEALOUS-DANK: Aye .
5 MEMBER PIERCE RAFFERTY : Aye .
6 CHAIRMAN JAMES RICH III : Aye .
7 Opposed?
8 (No Response) .
9 CHAIRMAN JAMES RICH III : Hearing
10 is closed . Thank you.
12 SMYTH STANDARD SUBDIVISION
13 CHAIRMAN JAMES RICH III : Okay .
14 Now we have Smyth . This is an open a
15 new public hearing . Smyth Standard
16 Subdivision . This standard subdivision
17 proposes to subdivide a 3 . 68 acre
18 improved parcel into three lots . Where
19 Lot 1 equals 1 . 01 acres . Lot 2 equals
20 1 . 46 acres and Lot 3 equals 1 . 21 acres
21 in our R-40 Zoning District . Property
22 is located at 29330 Route 25,
23 Cutchogue . Suffolk County Tax Map
24 #1000-102 -- 6-23 . 1 .
25 Anyone wishing to speak to
April 7, 2025 21
1 Southold Town Planning Board? Start
2 with their representative, Pat Moore .
3 PATRICIA MOORE : Thank you . Good
4 evening . Patricia Moore on behalf of
5 Smyth Standard Subdivision . Both Mr . &
6 Mrs . Smyth are here . And this is for
7 three lots . One has an existing house
8 that ' s on the main road . The other is
9 a vacant lot . And the third has a
10 historic barn that has been preserved
11 and made into historic National . Yes .
12 So we ' re at the end of our process .
13 We ' ve gone to the Zoning Board for some
14 setbacks . Otherwise, we ' re here to
15 listen to any comments and hope the
16 Board approves the subdivision . Thank
17 you .
18 CHAIRMAN JAMES RICH III : Thank
19 you . Anyone wish to address the
20 Planning Board on Smyth Standard
21 Subdivision? Do we have anybody?
22 (No Response) .
I
23 MEMBER DONALD WILCENSKI : Motion
24 to close the hearing .
25 MEMBER MIA JEALOUS-DANK: Second .
April 7, 2025 22
1 CHAIRMAN JAMES RICH III :- Motion
2 made by Don to close the hearing .
3 Seconded by Mia . Any discussion?
4 (No Response ) .
5 CHAIRMAN ' JAMES RICH III : All in
6 favor?
7 MEMBER DONALD WILCENSKI : Aye .
8 MEMBER MARTIN SIDOR : , Aye .
9 MEMBER MIA JEALOUS-DANK : Aye .
10 MEMBER PIERCE RAFFERTY: Aye .
11 CHAIRMAN JAMES RICH III : Aye .
12 Opposed?
13 (No Response) .
14 CHAIRMAN JAMES RICH III : Hearing
15 is closed. Thank you .
16 ***************************************
17 MCBRIDE STANDARD SUBDIVISION
18 CHAIRMAN JAMES RICH III : Next
19 public hearing is McBride Standard
20 Subdivision. This proposal is for the
21 standard subdivision of a 30 . 82 acre
22 parcel into three parcels . Where Lot 1
23 is proposed to be 1 . 83 acres . Lot 2 is
24 1 acre, and Lot 3 is 27 . 985 acres .
25 Upon which 23 . 755 acres development
April 7, 2025 23
1 rights have been sold to Town of
2 Southold . And a 4 . 271 acres reserve
3 area in Agricultural Conservation
4 Zoning District . The property is
5 located at 10625 and 10725 Oregon Road
6 in Cutchogue with Suffolk County Tax
7 Map #1000-83-2-15, 16 . 1 and 16 . 2 .
8 Anyone wishing to address the Planning
9 Board on McBride Standard
10 Subdivisioner? Mr . Lark, how are you?
11 RICHARD LARK : Richard Lark, Main
12 Road, Cutchogue, New York. Lori
13 McBride and her mom are here . And I
14 just have a few comments . As the Board
15 knows that this three lot subdivision
16 got all the necessary variances to make
17 it happen . And the main purpose of it,
18 of course, was to have Lot 3 remain an
19 active farm and family ownership . The
20 second purpose was to create a building
21 lot for the applicant ' s daughter,
22 Laurie McBride . So she could build her
23 home on the family property . And the
24 third one was to correct the problem of
25 the existing building encroachments .
April 7, 2025 24
1 And the rear and the side yard
2 requirements , which the Board of
3 Appeals did very nicely and granting
4 variances and everything . And the only
5 condition that they required is that we
6 have a subdivision, which is now
7 morphed -- originally we ' re gonna be a
8 lot of line change, but now it ' s
9 morphed into a three lot subdivision .
10 And I said, you have the main purposes
11 of it . So, but there is one comment
12 that I want the Board to consider since
13 we are in the preliminary -- the
14 preliminary plot approval . The farm
15 itself has the majority of the acres in
16 the land preservation . Where the
17 development rights have been sold . And
18 the remaining acres of, which is six,
19 which they refer to in that
20 transaction, the remaining as a
21 reserved area, we ' re proposing that
22 four of them be included or 184 , 000
23 square feet be included and -- Lot 3,
24 which is on the subdivision . Now,
25 there were also covenants and
April 7, 2025 25
J
1 restrictions put on . And I wanna refer
2 the Board to the covenant and
3 restrictions , where it says the
4 Declarant, which is the McBride ' s , may
5 make application for a subdivision or
6 separation for any other relief from
7 the town of Southold, which will allow
8 subdivision of this reserve area from
9 the easement area . That ' s where the
10 development rights have been sold . But
11 the application shall be conditioned on
12 an area of a minimum of 80 , 000 square
13 feet remaining part of the easement
14 area or the development rights sold
15 property. The 23 acres . So that ' s not
16 a problem because the 80 , 000 square
17 feet will be separated . And we will
18 probably have to amend the covenants on
19 that when we get down to the final .
20 But I want to pose the Board a
21 question . And instead of just
22 attaching 80, 000 , we attached 184 , 000
23 or 4 . 2 acres . Now, other than not
24 having it allowed to be subdivided that
25 Lot 3, what conditions does the Board
April 7, 2025 26
1 want to consider placing on Lot 3?
2 Because if you look on the map, that ' s
3 where all the farm buildings are, a
4 house and everything else . And the
5 conception was -- when this was done
6 with the Town of Southold on the
7 selling of the development rights , that
8 they basically in perpetuity, which I
9 realize is not perpetuity, but for a
10 long time with, event development
11 rights being sold, which are being .sold
12 all over the place on Oregon Road, as
13 you know, for development purposes .
14 And since this has been in the family
15 since 1958 , they wanted to keep it that
16 way . And Laurie wanted to build her
17 house on the family parcel . So there ' s
18 no question, but Lot 3 , has a reserved
19 area, has a house and all the farm
20 buildings necessary to run a farm.
21 Now, we might have to put some
22 conditions on what can be done under
23 the zoning . Of course, we ' d have to
24 follow the zoning in the Building
25 Department regulations, but say a
April 7, 2025 27
1 building burned down, could we replace
2 it? Because it ' s going, to be part of
3 the subdivision of Lot 3 . And so, you
4 know, just what reasonable covenants
5 can be put on there? Obviously not to
6 subdivide it again to separate it, but
7 I want to put to the Board ' s attention,
8 that we should probably have to sit
9 down and work out what kind of
10 covenants that you want to put on for
11 the final plat .
12 CHAIRMAN JAMES RICH III : I don ' t
13 mean to cut you off, but this is a
14 public hearing for the public to make
15 comment . You as their representative
16 and lawyer can work this out with the
17 staff and we will work through it .
18 RICHARD LARK: Okay . That would
19 be fine . I just wanted to bring it to
20 the Board ' s attention because I 'm aware
21 that something has to be done .
22 CHAIRMAN JAMES RICH III : It does ,
23 but this is not the time or the place .
24 RICHARD LARK : All right . That ' s
25 fine . I have nothing further .
April 7, 2025 28
1 CHAIRMAN JAMES RICH III : Mr .
2 Lark, thank you . Okay . Anyone else on
3 McBride ' s Standard Subdivision?
4 (No Response) .
5 MEMBER MIA JEALOUS-DANK: I move
6 we close this hearing . `
7 MEMBER MARTIN SIDOR: Second .
8 CHAIRMAN JAMES RICH III : Motion
9 to close the hearing from Mia .
10 Seconded by Martin . Any discussion?
11 (No Response) .
12 CHAIRMAN JAMES RICH III : All in
13 favor?
14 MEMBER DONALD WILCENSKI : Aye .
15 MEMBER MARTIN SIDOR: Aye .
16 MEMBER MIA JEALOUS-DANK: Aye .
17 MEMBER PIERCE RAFFERTY : Aye .
18 CHAIRMAN JAMES RICH III : Aye .
19 Opposed?
20 (No Response) .
21 CHAIRMAN JAMES RICH III : The
22 hearing is closed .
23 ***************************************
24 TUTHILL CONSERVATION SUBDIVISION
25 CHAIRMAN JAMES RICH III : Okay .
April 7, 2025 29
1 So going over the ground rules . For
2 the next order of business is the
3 Tuthill Subdivision . Tuthill
4 Conservation Subdivision . This
5 proposal is for an 80/60 conservation
6 subdivision of four parcels totalling
7 112 acres into 17 residential lots ,
8 with 94 acres to be preserved . The
9 properties are located on Main Road in
10 Orient, in the R-80 and R-200 Zoning
11 District, with Suffolk County Tax Maps
12 of 1000-17-4-16, 1000-17-6-14 . 2 .
13 1000-18-3-30 . 3, and 1000-18-6-7 . 3 .
14 Before we start and ask Tuthill ' s to
15 have their representative speak, I
16 would like again, to welcome everybody
17 to this hearing . This is 80/60
18 conservation subdivision . That means
19 that 80% of the land must be preserved
20 and the number of lots that they could
21 have -- that they could have had is
22 being reduced by 60% . The proposal
23 meets these requirements . They are
24 proposing to preserve 80% of upland and
25 reduce the number of lots to 17 . They
April 7, 2025 30
1 could have had many more lots . The
2 Town is considering purchasing the
s
3 development rights on a preserved
4 farmland . Regarding the land that will
5 be preserved . There will be two types
6 of space in the subdivision . The areas
7 where development rights will be
8 purchased by the Town and areas left
9 over from the lots , also known as
10 subdivision open space . The future
11 uses of the preserved farmland will be
12 set and managed by the Land
13 Preservation Committee and the Town
14 Board . The development rights on the
15 preserved farmland, if purchased with
16 Community Preservation Funds by Town,
17 will be subject to conservation
18 easement with terms discussed between
19 the landowner, Land Preservation
20 Committee and Town Board . The
21 landowner does not write the open space
22 easements . Future uses on the areas
23 left over by the lots are set and
24 managed by the Planning Board following
i
25 Town Code . This likely will be for the
April 7, 2025 31
1 open space shown on a north parcel .
2 Not the area where open space is sold .
3 The Planning Board has not yet
4 discussed the uses on the open space
5 areas on a north dire . When we do, we
6 will write them based upon Town Code .
7 It ' s also important to note that this
8 subdivision has been through a detailed
9 review since 2014, that included many
10 studies, cultural resource field
11 studies and impact on watersheds . As a
12 result of the review of the watershed,
13 the lots have been located to best
14 preserve the view sheds from and for
15 ' the public viewpoints . A Comprehensive
16 Draft Environmental Impact Statement,
17 Final Environment Impact Statement, and
18 Findings Statement addressing these
19 issues was required by the Planning
20 Board and can be found in the file .
21 Any civil disputes , that would be
22 right-of-ways , over-roads or anything
23 like that, that are in contentious or
24 legal are not for discussion at this
25 Planning Board public hearing . We have
April 7, 2025 32
1 no authority over them. The planning
2 Board may hold a short recess during
3 this meeting . As I said, we will limit
4 everybody to one comment and three
5 minutes per comment . Does the Tuthill
6 Family have a representative who would
7 like to speak first?
8 CAROL TUTHILL : Can you hear me
9 now?
10 CHAIRMAN JAMES RICH III : Yes .
11 CAROL TUTHILL : Okay. My name is
12 Carol Tuthill, and I am a Tuthill by
13 marriage . Since everyone here has
14 access to the Town ' s website details
15 about our conservation subdivision
16 proposal , I 'm just going to give you
17 some brief information about our family
18 and why we believe our proposal is
19 aligned with the goals of the Orient
20 community . As many of you know, the
21 Tuthill ' s have been in Orient for over
22 300 years . My father-in-law, John
23 Brown Tuthill, was born and raised in
24 Orient and spent most of his life
25 there . He was a Town Trustee, active
April 7, 2025 33
1 leader in his church, and he used his
2 business and commercial fishing
3 experience to the benefit of many
4 community programs . He frequently
5 reminded his family members and their
6 spouses , that he was counting on them
7 to continue his legacy by doing three
8 things . Number 1, keep his land in the
9 family . So that future generations
10 would have a place and Orient to live
11 or for vacations . The second thing,
12 was continue being good stewards of the
13 agriculture and aquaculture farming on
14 our land . Number 3 , was take an active
15 role in programs that affect or would
16 benefit everyone living in our
17 communities . Our decision to pursue a
18 conservation versus standard
19 subdivision was motivated by our
20 commitment to the Orient community and
21 to John Brown Tuthill, to be good
22 stewards of the land we own . Choosing
23 a conservation subdivision minimized
24 the impact on existing agriculture and
25 aquaculture operations, as well as , the
April 7, 2025 34
1 environment . This is good for us and
2 the community. And it has a
3 significant impact on the preservation
4 of Orient . The Tuthill family is known
5 throughout the community for its
6 involvement in the history and heritage
7 of Orient . We could have gone for a
8 standard subdivision, but it didn ' t
9 meet the criteria that we are all
10 about . So we ' re sticking with
11 conservation and feel it ' s the right
12 thing to do . In closing, I have one
13 thing I would like every person that is
14 participating today to remember about
15 our conservation subdivision . Our
16 family owns 112 acres of land in
17 Orient, and we are preserving 94 of
18 them. I repeat, we own 112 acres of
19 land in Orient and we are preserving 94
20 of those 112 acres . Thank you for your
21 time .
22 CHAIRMAN JAMES RICH III : Thank
23 you . Anyone wish to address the
24 Planning Board on this Tuthill
25 subdivision, please step to one of the
J
April 7, 2025 35
1 podiums state and sign your name .
2 JESSICA MICHAELIS : Just state-
3 your name before you speak .
4 BARBARA COHEN : No, I will . My
5 name is Barbara Cohen . I 'm here
6 speaking on behalf of myself, a
7 Southold Town resident and a real
8 estate planning consultant for over 35
9 years . I speak on behalf of the
10 Racketts Court resident owners , who
11 have asked me to assist in articulating
12 their concerns . They ' re here on Zoom
13 to speak as well . Whether I 'm driving
14 to the Orient Yacht Club or looking
15 back to the shoreline from a sailboat
16 in Orient Harbor, I always say to
17 myself, wow, we ' re so lucky to have
18 these spectacular views . Particularly
19 the most iconic one at South Dyer
20 section of the conservation
21 subdivision . My comments about Orient
22 vistas , covenants and restrictions,
23 racket courts access , and the Orient
24 Historic District directed at South
25 Dyer, although the other large parcels
April 7, 2025 36
1 may have similar concerns . Before I
2 forget, we ' d appreciate it if the Board
3 would keep the record open to submit
4 public comment . So that we can submit
5 the petition results from the Save
6 Orient Vistas petitions . To be clear,
7 we are not the enemy of the applicant,
8 nor of the preexisting farm land or
9 shelf fish businesses nor of the
10 Planning Board . The applicant has
11 every right to as a subdivision plan .
12 We simply want the design for the South
13 Dyer section to reflect good planning,
14 to be consistent with the Town
15 Comprehensive Plan, provide clear
16 definitions and incorporate the
17 thoughtful ongoing input from those
18 most impacted . In other words, the
19 South Dyer plan needs to do better .
20 Preserving Orients Vistas . In 2014 ,
21 the community came to this very room
22 and applauded the Tuthill ' s for their
23 stewardship and to make the point that
24 preserving the designated New York
25 State scenic byway was extremely
April 7, 2025 37
1 important and all planning decisions
2 must uphold this priority . Documents
3 from every source say the same . To
4 date, over 50 respondents of the
5 petition, including two Tuthill family
6 members , object to any uses that would
7 intrude on the view and/or cause
8 increased traffic, increased demand for
9 parking, for large-scale events and
10 restaurant type operations , excessive
11 noise, and other environmental impacts .
12 Of the 20 proposed covenant and
13 restrictions uses listed, most speak of
14 the open conservation areas alignment
15 with agriculture and aquaculture
16 interest . However, since
17 ag-entertainment is synonymous with
18 agriculture, unless the zoning update
19 changes this, the negative impacts of
20 this activity in the large scale events
21 listed, must be taken into account and
22 should be severely restricted or
23 removed altogether . The large .object
24 storage stated, the RV storage, the
25 classic cars , etcetera, not associated
April 7, 2025 38
1 with farming efficient should be
2 removed . Clarity and guidance must be
3 applied to the references to new
4 construction as well as, quote,
5 "non-profit and profit businesses . "
6 More definition is in everyone ' s
7 interest to future enforcement, which
8 unfortunately all too often becomes the
9 responsibility of the community . Much
10 can be avoided if the C&R is made
11 consistent with the respective profiles
12 of each of the parcels .
13 JESSICA MICHAELIS : Thank you for
14 your comments .
15 CHAIRMAN JAMES RICH III : Thank
16 you .
17 JESSICA MICHAELIS : Your time --
18 Your time is up .
19 CAROL TUTHILL : Thank you . The
20 full testimony is --
21 CHAIRMAN JAMES RICH III : If you
22 mail it in, it will be recorded .
23 Everything is e-mailed in .
24 Anyone else?
25 JANE MCASTY : Jane McAsty, Orient .
April 7, 2025 39
1 I ' ve lived in. Orient since 1990 .
2 Before that my husband and I have been
3 on the farm since 1962 in Riverhead,
4 Aquebogue . I have seen people come and
5 people go . I ' ve seen people in Orient
6 stay for 20 years and bye-bye . I 'm
7 selling out, my husband died, my wife
8 passed away, I 'm out . I think it ' s
9 important to understand that these,
10 this family, and extended members have
11 not going anywhere for a long, long
12 time and they are not intending to go
13 anywhere for a long, long time . I
14 thank you very much .
15 CHAIRMAN JAMES RICH III : Thank
16 you for your comments, Mr . McAsty .
17 JANE MCASTY : Oh, I 'm sorry. One
18 other thing . If you Town intends to
19 buy -- if the Town Board intends to buy
20 the development rights in this family,
21 I don ' t think that Town has enough
22 money, even if they buy multiple bond
23 issues , to buy the property.
24 CHAIRMAN JAMES RICH III : Thank
25 you very much . Again, that buying it
April 7, 2025 40
1 is not part of our decision making
2 process here . Please state your name?
3 SUZANNE HORTON : Hi . This is
4 Suzanne Horton . Hi everyone . This is
5 my brother, Sean Horton . We live
6 directly across the street from the
7 South Dyer lot . We ' re also related to
8 the Tuthill ' s . So I wanted full
9 disclosure . We greatly respect John
10 and Martha . We greatly respect Lyle
11 and Carol . And I think we need to
12 appreciate the fact that they have done
13 a pretty great job at trying to do
14 conservation here and honor what their
15 forbearers wanted them to do . The only
16 issue I 'm going to speak about today is
17 what ' s happening on South Dyer . I have
18 collectively spoken to the neighbors in
19 the immediate area, all the way down to
20 Munn Lake . All the way across .
21 Everyone who ' s impacted . So I was
22 wondering if you would allow me to take
23 a few extra minutes to take my
24 brother ' s three minutes to take Linda
25 Fagelson --
April 7, 2025 41
1 CHAIRMAN JAMES RICH III : No .
2 Stick to your three minutes .
3 SUZANNE HORTON : Could I have
4 there three minutes ' cause I 'm speaking
5 collectively for them?
6 CHAIRMAN JAMES RICH III : No .
7 SUZANNE HORTON : Okay . Then Sean,
8 if you could hold up that chart so I
9 can see it as well . This is a chart
10 that impacts all of us . I ' ve done
11 subdivisions before, I ' ve put together
12 a CEO snapshot of the key issues
13 collectively that these people have .
14 And as you can see, it ' s really the
15 covenants that we need to talk to .
16 There ' s also Racketts court someone
17 else is going to talk about that, but
18 the covenants have -- there ' s different
19 pollution types . If you look at it,
20 there ' s sound noise pollution, traffic
21 pollution, stench, smell pollution .
22 There ' s visual pollution There ' s Eco
23 and environmental pollution and each
24 one of those covenants what I did is,
25 we ' ve talked about it . We ' ve gone
April 7, 2025 42
1 through the large scale events that
2 were just mentioned . That brings a big
3 sound pollution to it . And we live 30
4 feet away . Right now they ' re already
5 doing an operation of cleaning the
6 oysters right behind the farm stand,
7 with this extremely loud machine .
8 That ' s right outside our bedroom
9 windows . With the existing traffic
10 pollution that ' s already there, which
11 is enhanced from the ferry because we
12 haven ' t been able to as a Town
13 collectively get enough money together
14 to take that traffic that cuts through
15 our town, Southold Town, doesn ' t spend
16 money with us and have a direct ferry
17 to Montauk Point . So we have traffic
18 issues that are pretty extreme . And
19 we ' ve been there more than 70 years .
20 So we ' ve been generationally working
21 with the Latham Farm Stand . Helping
22 them with their issues . There ' s also
23 the stench issue that comes from
24 oysters . If you ' re going to expand
25 that operation, let ' s move it down to
April 7, 2025 43
1 where they ' re doing the operation . And
2 move the utility lines from the main
3 road down to the creek, where the
4 operational center is because the sound
5 is so loud . Combined, if you have
6 events with these large scale events
7 that are planned, we already have
8 accidents at that farm stand. It ' s
9 already happening . If you want to -- I
10 work at the state park, so I work and I
11 manage these large events . So the
12 problem is I know how big those traffic
13 issues can be . I know how big those
14 parking issues can be .
15 JESSICA MICHAELIS : Your time --
16 CHAIRMAN JAMES RICH III : Your
17 time is up . Thank you very much .
18 SUZANNE HORTON : Construction --
19 CHAIRMAN JAMES RICH III : Thank
20 you very much .
21 SUZANNE HORTON : We need to put
22 areas on that .
23 CHAIRMAN JAMES RICH III : Next
24 speaker, please .
25 SUZANNE HORTON : I mean, I ' ve got
April 7, 2025 44
1 -- Linda, would you like to help me
2 speak . I want to talk about it --
3 JESSICA MICHAELIS : Ma ' am, ma ' am,
4 I 'm sorry, you can ' t speak. This
5 meeting is being transcribed .
6 SUZANNE HORTON : You want to help
7 me?
8 CHAIRMAN JAMES RICH III : No .
9 JESSICA MICHAELIS : There ' s other
10 people -- there ' s other people in line
11 to speak --
12 SUZANNE HORTON : But these are
13 their issues too . These are interest
14 issues .
15 JESSICA MICHAELIS : Ma ' am, please
16 take a seat . Ma ' am, please take a
17 seat . Ma ' am, please take a seat .
18 CHAIRMAN JAMES RICH III : Please
19 take a seat . Yes , please .
20 SUZANNE HORTON : That is not
21 right . We should have a right to talk
22 about all the issues .
23 CHAIRMAN JAMES RICH III : You have
24 a right to send -- everything you ' ve
25 said, it ' s been recorded and you can
April 7, 2025 45
1 send it in writing --
2 SUZANNE HORTON : -- about it .
3 CHAIRMAN JAMES RICH III : You ' re
4 already eliminating everybody ' s three
5 minutes . This is it . Thank you.
6 Please, sir .
7 JESSICA MICHAELIS : You can submit
8 the rest of your comments in writing to
9 the Planning Board Office or by e-mail .
10 SUZANNE HORTON : I absolutely
11 will .
12 JESSICA MICHAELIS : Thank you .
13 PHIL MASTROANGELO : Phil
14 Mastroangelo, Orient . I 'm partners
15 with the Tuthill ' s and the Oyster Pond
16 Shellfish Company . As far as pollution
17 goes, we have 10 million oysters in the '
18 water . They do more than their share
19 of pollution absorption . As far as
20 noise is concerned, involved with our
21 operation, we have a enclosure around
22 that piece, and you can ' t hear it at
23 the farm stand . Let alone across the
24 street . And I would just like to bring
25 to light that on the website to Save
April 7, 2025 46
1 the Orient Vistas website . They ' ve
2 grouped all of our stuff down here .
3 That ' s been photo-shopped. That boat
4 has never been on the property. ,I just
5 wanted to make that known to you folks .
6 It ' s pretty much environmentally. It ' s
7 recognized as an environmental
8 positive . We have an environmentally
9 positive effect . Thank you .
10 CHAIRMAN JAMES RICH III : Thank
11 you . You did write your name down,
12 right?
13 PHIL MASTROANGELO : Yes .
14 CHAIRMAN JAMES RICH III : Thank
15 you . Next?
16 ERIN STANTON : Hi, I 'm Erin
17 Stanton -- Erin Latham Stanton on
18 behalf of my father . Together we own
19 and operate Latham Farms in Orient . We
20 currently farm the lands that the
21 Tuthill ' s are hoping to preserve .
22 Collectively there ' s about 25 acres
23 owned by the Tuthill Family that we
24 need to continue our small family run
25 business . So in the 40 years that I ' ve
April 7, 2025 47
1 lived in Orient, I have watched
2 significantly the amount of farmland
3 decrease . So I can think, you know, I
4 try to come up with a few things up the
5 top of my head being The Demmer ' s Farm
6 behind the Orient Inn, no longer
7 farmed . Our Latham Point Farm, not
8 there anymore . Let ' s see, Bill Terry ' s
9 Farm from Plat Road over to Orchard,
10 which is soon to be a subdivision, not
11 there either . Douglas Farm, Hallock
12 Farm, or Voltaire ' s Farm. None of
13 these exist . They are green acres .
14 They are Orient by the sea . What the
15 Tuthill ' s are trying to do is preserve
16 land so that we can keep farming . My
17 point is farmland in Orient is becoming
18 very scarce . Our family sees the
19 Tuthill conservation subdivision as an
20 opportunity to preserve the farmland
21 that they own . So that we can continue
22 -with a way of life, that for us , and
23 for many defines the culture of Orient .
24 I am proud of their commitment to
25 maintain the open space in Orient, but
i
April 7, 2025 48
1 I never expected anything less from a
2 family that has proven for generations
3 to be dedicated to our Hamlet and to
4 agriculture . I also have a letter from
5 Mr . James Tuthill -- I mean James
6 Latham, who asked me to read' for him.
7 He says to the Town of Southold
8 Planning Board, I am writing in support
9 of the Tuthill Conservation
10 Subdivision . I 'm a longtime Orient
11 resident and a landowner of which some
12 property is adjacent to the Tuthill
13 property . For hundreds of years, the
14 Tuthill ' s have been good neighbors and
15 good stewards of the land they own in
16 Orient . As with all things , change is
17 inedible, but I believe that the
18 Tuthill ' s have responsibly balanced
19 preserving their land in Orient with
20 their family needs . I am in support of
21 the plans they have submitted most
22 recently. In regards, James P . Latham.
23 So thank you for your time .
24 CHAIRMAN JAMES RICH III : Thank
25 you, Erin . Thank you . Anyone else?
April 7, 2025 49
1 WALTER STROHMEYER : I 'm Walter
2 Strohmeyer . I ' ve lived off and on in
3 Orient all my life . And I ' ve known the
4 Tuthill family for quite a while, and
5 they ' re very good people . They have
6 done a very good job of preserving what
7 they have, and making things good . So
8 that progress is not stopped, but
9 slowed up . And I think they have to
10 have it very much in the interest of
11 themselves as residents of Orient .
12 They want to keep it as good. And as
13 the way it is as much as possible .
14 Thank you very much .
15 CHAIRMAN JAMES RICH III : Thank
16 you . Please write your name . Anyone
17 want to speak before we start with the
18 Zoom? Please step forward to either
19 one of the podiums . State your name
20 and --
21 SUSAN GRELLA: My name ' s Susan
22 Grella . I 'm a full-time resident of
23 Orient and I live on Racketts Court .
24 I 'm here to voice my concerns about the
r
25 South Dyer Plan, particularly the
r
April 7, 2025 50
1 proposed uses listed in the Covenants
2 and Restrictions , the proposed Racketts
3 Court access route . The inappropriate
4 uses listed in the Covenants , as they
5 stand now, either don ' t belong or are
6 just too broad and ill-defined to be
7 enforceable . Certainly the use of the
8 word "etcetera, " neither provides
9 clarity of purpose, nor does it inspire
10 confidence that the conservation area
11 and the designated scenic view will be
1.2 preserved . Classic car storage and
13 large scale events should be removed .
14 South Dyer ' s spectacular view of the
15 harbor and beyond isn ' t one person ' s
16 view, but everyone ' s to enjoy . The
17 agricultural and agriculture at South
18 Dyer are key components of the plan,
19 and supporting operations are
20 important . The Covenants, as they
21 stand now, allow for large scale events
22 of any kind . So let ' s play that out .
23 We all know the reality and the
24 negative byproducts of large scale
25 events . Noise, increased traffic,
April 7, 2025 51
1 illegal parking . Not to mention damage
2 to the land itself . I ask us at the
3 Board please be more thorough and take
4 a deeper look into the Covenants and
5 Restrictions for the conservation area
6 and guide the applicant accordingly .
7 Let ' s not forget ourselves with the
8 song . Don ' t it seem to go that you
9 don ' t know what you ' ve got till it ' s
10 gone? They paved paradise and put up a
11 parking lot . I would sing, . but I ' ve
12 got to terrible singing . I would also
13 like to voice my concern for Racketts
14 Court of which I 'm a part owner and
15 it ' s a private residential street . I
16 know you said not to talk about it be
17 very, very quick . It makes no sense by
18 Racketts Court would be the sole access
19 for the commercial and residential
20 activity associated with South Dyer .
21 When there is a viable alternative,
22 which is improving the north section of
23 the farm road and its connection to the
24 new building lots . It is trouble in
25 the making . Clear and simple . Not to
April 7, 2025 52
1 mention just poor planning . I am not
2 against the subdivision concept, but I
3 am against allowing access through
4 Racketts Court, which would put an
5 undue burden on us resident owners .
i
6 The multi-ownership and user rights
7 assigned to the street is complicated
8 enough . Any proposed changes to
9 Racketts Court should have the consent
10 of all parties involved. Thank you .
11 CHAIRMAN JAMES RICH III : Thank
12 you for your comments . Anyone else?
13 ELIZABETH THOMPSON : My name is
14 Elizabeth Thompson from Orient Village .
15 And I think that those covenant issues
16 that were addressed by the last speaker
17 are important . I just wanted to add
18 that it will be all about the covenants
19 on this South Dyer property that will
20 protect it in the future . And I wanted
i
21 to add one about the natural contours
22 and subsurface conditions of the lot
23 shall be generally undisturbed, and in
24 its present open natural state . That ' s
25 all .
April 7, 2025 53
1 CHAIRMAN JAMES RICH III : Thank
2 you .
3 BRETT CALL : Brett Call, Main
4 Road, Orient . I 'm looking around at
5 the demographic here and personally
6 besides Ashton and Erin, I ' d like to
7 see some other young people move in
8 Orient . Feels like we ' re gonna turn
9 into a 55 plus community . Because
10 nobody can afford to live there . $2 . 4
11 billion per house or a million per
12 house, who can afford that as a young
13 family? So if you want us to totally
14 go to be a senior citizen --
is JESSICA MICHAELIS : Can you
16 address the Board --
17 BRETT CALL : -- bedroom community
18 or are we going (inaudible) Tuthill to
19 what they want to do? And I 'm -- I 'm
20 for it .
21 CHAIRMAN JAMES RICH III : Thank
22 you for your comments . Did you
23 state -- write your name? Thank you .
24 Thank you for your comments .
25 Anyone else?
April 7, 2025 54
1 TOM STEVENSON : Tom Stevenson,
2 Orient . I 'm a farmer . I 'm here to
3 support the Tuthill family . As a --
4 well newcomer, that ' s 25 years to
5 Orient . They ' ve only been helpful to
6 me whenever I needed help and likewise .
7 I think farmers tend to stick together .
8 I ' d like to remind everyone that there
9 is something called the Right to Farm
10 Law in this town . Go ahead and look in
11 the Zoning Code and read up on it
12 because it ' s very strong when that was
13 put in the code . It ' s before my time .
14 But everyone who lives around an active
15 farm is supposed to sign off that
16 they ' ve read this . And I don ' t really
17 think it happens , but these protected
18 farm practices are essential to this
19 Town . In terms of the C&R ' s , I
20 don ' t -- I know a lot more about this
21 development right easements . I don ' t
22 really know that much about these
23 types , but I would caution that they
24 should not be too restrictive because
25 they do run with the land forever . We
April 7, 2025 ' 55
1 don ' t know what the future holds . And
2 so if it ' s in there, it ' s in there .
3 Scenic, who owns my scenic view?
4 Everything ' s subjective . I think
5 they ' ve done a pretty good job with the
6 layout . They ' ve -- 15 years of this
7 process , I don ' t know how long it ' s
8 going . Too bad Reg couldn ' t have seen
9 it to the end. Rest in peace, Reg .
10 Racketts Court, I believe, going back
11 to the 18,00s, that was supposed to be a
12 road that went all the way down to
13 Skippers Lane, when it was called State
14 Street . And then, I don ' t know what
15 else, just the family, just -- I mean,
16 we ' re really -- I 'm trying to support
17 them. I mean, I would hope if I was in
18 the same situation, they would be
19 supporting me . So thank you for the
20 getting my comments .
21 CHAIRMAN JAMES RICH III : Thank
22 you for your comments . Again, they ' re
23 -- all comments are gonna be held into,
24 you know, put in the record. I just
25 want to say one thing . You mentioned
April 7, 2025 56
1 farm rights . Not only Southold Town .
2 But New York State has a right to farm
3 in State constitution . And it is
4 extremely strong . I mean, it gets to a
5 point where, you know, a pumpkin
6 launching contest is covered by -- so I
7 just -- everybody should be aware that
8 the as far as the covenants, the
9 covenants are not -- there ' s no
10 decision on any of the covenants yet .
11 They are going to be negotiated . If
12 it ' s the purchased farmland, they ' re
13 going to be negotiated by the Town
14 Board and the Town Preservation . If
15 they ' re in -- set aside as part of the
16 subdivision, the Planning Board will,
17 but there ' s been no discussion
18 formalized on that yet at all . So just
19 so everybody ' s aware of that . Is that
20 not correct? Thank you for your
21 comments . Linda?
22 LINDA GOLDSMITH : Hi, my name is
23 Linda Goldsmith . I now live in East
24 Marion . I lived in Orient for 40
25 years . My parents and grandparents
April 7, 2025 57
1 were the owners of Peter Brown Farms in
2 Orient . We were not good stewards ,
3 gotta tell you . We sold our property
4 on the sound . Development rights in
5 tact, it ' s now fully developed. We
6 sold our property on the Main Road,
7 development rights intact . It is not
8 yet developed. When it came time for
9 my sister and me to build a house,
10 guess what, couldn ' t live in Orient
11 because we sold our property. I was
12 not necessarily my choice, but I didn ' t
13 have that choice at that time . When my
14 children want to have a home in
15 Southold Town without my husband and
16 me, they would not be living here, but
17 fortunately we were able to help them
18 get a house here . I think the
19 Tuthill ' s are being extremely good
20 stewards . I think they ' re giving up a
21 whole lot . I don ' t know if they can
22 even be made whole for what they ' re
23 doing . And I commend them for doing
24 this . I hope that all of their
25 children will be able to stay here and
April 7, 2025 58
1 you have some of that power to help
2 that . And I hope that you ' ll use it
3 wisely. Thank you .
4 CHAIRMAN JAMES RICH III : Linda,
5 thank you for your comments .
6 MARY ELLEN STEVENS : My name is
7 Mary Ellen Stevens , formerly Mary Ellen
8 Terry . 300 generation farmers in our
9 family as well . We had approximately
10 100 acres . And most of it has been
11 sold to development rights . The
12 development rights have been sold on
13 it . There was one parcel up by the
14 Sound that my father had to sell around
15 1970-something, I believe, because he
16 had a bad potato year . And he needed
17 to pay off the production credit . So
18 other than that, most of it has been
19 saved . My brother sold quite a few
20 _ acreage to Richard Sarah, the architect
21 who just wanted to see open space . I
22 am a good friend . I 'm a neighbor . I 'm
23 actually probably -- I am somewhat
24 related to the Latham' s and the
25 Tuthill ' s and I respect them very much .
April 7, 2025 59
1 I ' ve always been ' very close to them,
2 most of them. I appreciate the fact
3 that they are going for this cluster
4 zoning because it will be less of an
5 impact on the environment and the Town . r
6 However, I do have some concerns . The
7 one is that it mentions that the land
8 owner conducts archeological
9 investigations prior to the ground
10 disturbances . And that ' s what they
11 have agreed to, I understand . So I 'm
12 just wondering what happens if
13 artifacts, human remains are found,
14 suggesting a community, possibly a
15 Native American community, where will
16 those be relocated? Is there a plan
17 for this? Because I understand that
18 there ' s there ' s been some, you know,
19 evidence is something has been found
20 there . So again, we ' re talking about
21 South Dyer . I believe, but I think in
22 both areas Phase 1B field investigation
23 recommended by a previous Phase 1A
24 documentary study . I 'm just wondering
25 if this Phase 1B was ever done or is
April 7, 2025 60
1 that what it means that they will be
2 doing that prior to the groundbreaking?
3 CHAIRMAN JAMES RICH III : Can you
4 answer?
5 MARK TERRY : I can answer it . So
6 there was a, sorry -- So in our
i
7 subdivision design process , we have
8 what we call an existing resources site
9 analysis plan, and also under the SEQRA
10 Law, we ' re obligated to determine the
11 presence or absence of culture
12 resources . There ' s different phases,
13 as you indicated, to that type of
14 investigation . On North Brown, there
15 was an investigation where test pits
16 were dug in certain locations
17 throughout the property because it ' s
18 next to Brown ' s Hills, which had
19 evidence of Native Americans occurring
20 there . We actually worked with the
21 tribes on North Brown . As far as South
22 Dyer goes , there wasn ' t no indication
23 that the testing needed to be
24 accomplished there . So we did not
25 require the test pits on the ground on
April 7, 2025 61
1 South Dyer .
2 MARY ELLEN STEVENS : I
3 misunderstood that then . I thought
4 there was evidence of something on the
5 South Dyer lot as well . And how deep
6 do you go down when you do test --
7 check for this ? I 'm just curious as to
J �
8 --
9 MARK TERRY : Well, I was outside
10 when they' were doing the test polls .
11 And the guys were probably up to their
12 hips digging down on North Brown .
13 MARY ELLEN STEVENS : Okay. Thank
14 you .
15 MARK TERRY: You ' re welcome .
16 CHAIRMAN JAMES RICH III : Thanks,
17 Mark.
18 MARY ELLEN STEVENS : Another
19 concern is the water table . I 'm
20 concerned about saltwater intrusion
21 with any more development actually, in
22 Orient and only in -- not just this
23 area, but anywhere because it ' s a
24 fragile ecosystem there . The water
25 table is already being compromised
April 7, 2025 62
1 because of climate change or whatever .
2 And so I see that saltwater intrusion
3 will -- it is happening now . I have it
4 in my own yard . So I know that it ' s,
5 you know, it ' s just a fact . And at one
6 point there ' s only one aquifer in or in
7 this area . So this will be draining
8 from that as well .
9 CHAIRMAN JAMES RICH III : That ' s
10 what we ' re all concerned about . Thank
11 you .
12 MARY ELLEN STEVENS : So that ' s it .
13 v CHAIRMAN JAMES RICH III : Thank
14 you for your time .
15 JESSICA MICHAELIS : Yes , your time
16 is up .
17 CHAIRMAN JAMES RICH III : Thank
18 you very much .
19 LINDA FAGELSON : My name is Linda
20 Fagelson. I ' ve been a part-time Orient
21 resident for almost 50 years . I 'm good
22 friends and neighbors with the
23 Tuthill ' s . I appreciate the effort
24 that they ' re making regarding
25 preservation, etcetera . I only have a
April 7, 2025 63
1 question about the Covenants , which are
2 rather ambiguous . It ' s unclear to me
3 what is possible to happen on that land
4 under these Covenants . Are .we gonna
5 have commercial events or what? You
6 know, if there could be a little more
7 clarity about the Covenants?
8 CHAIRMAN JAMES RICH III : That ' s
9 something that, as I think. I said right
10 at the beginning . The Planning Board
11 still has to negotiate with them. So
12 your comments are recorded here . We
13 certainly do take everybody ' s comments
14 into the best level of consideration
15 that we can .
16 LINDA FAGELSON : Okay . Thank you .
17 CHAIRMAN JAMES RICH III : And
18 thank you . Anyone else? Do you have
19 anybody on Zoom, Jess?
20 JESSICA MICHAELIS : Yes .
21 CHAIRMAN JAMES RICH III : Sir?
22 ROBERT CARPENTER: Good afternoon .
23 My name is Robert Carpenter . So I work
24 for the agriculture community at Long
25 Island Farm Bureau . So I ' d just like
April 7, 2025 64
1 to give a couple of comments regarding
2 the agricultural part of this
3 preservation plan, and recognize the
4 very long time that this conservation
5 subdivision has been going on . I
6 believe -- and I ' ve been following it
7 for the last 15 years . The Tuthill
8 Family is doing an amazing thing by
9 preserving over 90 acres in perpetuity.
10 And I just like to point out a couple
11 of things before this goes forward .
12 Number 1, farmland preservation .
13 Farmland preservation is not an open
14 space program. It is a working .lands
15 program. And I thank you, sir, for
16 stating that there are provisions and
17 protections for agriculture . Not only
18 in Southold Town Code, but from the
19 Department of Ag and Markets . And we
20 as the agricultural industry rely on
21 Town Board ' s and Planning Board ' s to
22 work to support agriculture . Farming
23 has been in Southold since its
24 founding, and we hope that agriculture
25 continues for many years and many
April 7, 2025 65
1 generations to come . But we need to.
2 recognize that agriculture has changed
3 over the numerous decades and
4 centuries . And will continue to change
5 and evolve . There is aquaculture now
6 taking place in Southold Town and in
7 Suffolk County . Those provisions need
8 to be recognized as part of any
9 easements that are worked through from
10 the farm families that are still
11 farming today . And the provisions of
12 land-based agriculture, which is
13 struggling and trying to find a new
14 path forward from the days when farmers
15 where wholesalers, where they ' d send
16 their product on its point, to value
17 added . And I think that in the Town
18 Zoning Code, we ' re starting to
19 recognize that these things need to
c
20 change and evolve as times need to
21 change and evolve as well . So I ' d just
22 like to thank you for that opportunity,
23 recognize the. Tuthill Family for all
24 they ' re doing . And I ' d be willing to
25 be a resource for you if you have any
April 7, 2025 66
1 questions or if there ' s anything I can
2 do . So thank you for that opportunity .
3 CHAIRMAN JAMES RICH III : Thank
4 you very much for your comments .
5 Anyone else? Jess , you wanna try Zoom?
6 ' JESSICA MICHAELIS : George, just
7 state your name and address your
8 comments to the Planning Board, please?
9 GEORGE CAVANERO : Sure . My name
10 is George Cavanero and I live with my
11 wife Jane on Racketts Court . We can ' t
12 speak to the other parcels , and we ' re
13 not opposing the creation of the
14 overall subdivision, and really
15. appreciate their hard work on this
16 conservation effort . Moreover at South
17 Dyer, we are very supportive of the two
18 businesses . The Latham' s Farm Stand
19 with its crops that are grown each year
20 and the Oyster Ponds Shellfish, perhaps
21 the largest on the east coast
22 harvesting the highest quality oysters ,
23 while contributing to clean water
24 efforts . We are neighbors and they are
25 ours and our relationship has always
April 7, 2025 67
1 been cordial and cooperative, and
2 helpful . Especially Brian Tuthill .
3 From our perspective, there are several
4 things that we would like the Board to
5 review in detail and it has to do with
6 their proposed Covenants and
7 Restrictions . The first one is remove
8 the items that are inconsistent with
9 the desires to maintain the view shed,
10 such as the storage building for
11 classic cars and remove the word,
12 "etcetera" . If you have the word,
13 "etcetera" , to us that means anything
14 can be built . We believe that new
15 construction should only be for the
16 current established agra and aqua
` 17 culture businesses . The other C&R is
18 the one that says they can conduct any
19 profit and non-profit businesses . We
20 believe that that should read
21 businesses that only have to do with
22 the current industries , meaning aqua
23 and agriculture, but with the
24 understanding that large scale events
25 and ongoing entertainment type of
I
April 7, 2025 68
1 businesses, generating traffic, need
2 for parking, and noise is not
3 appropriate . The land ' s history is
4 farming and the underlying concept of
5 conservation subdivision is to maintain
6 the open space aligned with agriculture -
7 and aquaculture . And as far as
8 Racketts Court, I just want to say one
9 simple request . The Oyster Farm Road
10 should only be used for activity
11 related to their current business, and
12 then with the Racketts Court, a private
13 residential street should be restricted
14 to resident -- residential use and not
15 commercial use . To avoid road
16 maintenance or damage issues , as well
17 as . The constant flow of construction
18 vehicles associated with the potential
19 building of the new homes over a long
20 period of time . Access should be via
21 the farm road . Proposing to assign
22 sole access to the west side of the
23 Racketts Court is problematic given the
24 multiple ownership and user rights
25 associated with the Racketts Court . We
April 7, 2025 69
1 want to avoid any conflict with the
2 future. homeowners association . Again,
3 we want good neighbor relationships ,
4 respectful, friendly, contributing to a
5 positive and healthy community . Thank
6 you very much.
7 CHAIRMAN JAMES RICH III : Thank
8 you, George .
9 GEORGE CAVANERO : Yeah, thank you .
10 SUZANNE HORTON : I have one quick
11 question just regarding the Covenants
12 and I said I know that you said that ' s
13 going to be going forward --
14 JESSICA MICHAELIS : You have the
15 state your name . I 'm sorry.
16 SUZANNE HORTON : I 'm Suzanne
17 Horton . Do you have a timeframe on
18 when you would be working on those
19 Covenants and what the timeline is? So
20 that we can be a part of that process .
21 Because as I said, when I had those --
22 that red chart, when there ' s that much
23 red that shows there ' s that much harm
24 to people, there ' s -- there ' s a process
25 that needs to be worked through . So
April 7, 2025 70
1 people are not -- they don ' t lose their
2 property values . They don ' t lose the
3 enjoyment of their homes . That ' s why I
4 was - upset there . There ' s a lot of
5 tension regarding those Covenants on
6 South Dyer . Thank you .
7 CHAIRMAN JAMES RICH III : It ' s
8 been going on since 2000 -- at least
9 ' 14 . So I can ' t tell you how soon it ' s
10 going to happen.
11 MEMBER MIA JEALOUS-DANK : I move
12 we keep the hearing open for the 30
13 days for written comments .
14 MEMBER DONALD WILCENSKI : Second .
15 CHAIRMAN JAMES RICH III : So we
16 have a motion made to keep the hearing
17 open for written comments for 30 days
18 and seconded . Any discussion?
19 (No Response ) .
20 CHAIRMAN JAMES RICH III : All in
21 favor?
22 MEMBER DONALD WILCENSKI : Aye .
23 MEMBER MARTIN SIDOR: Aye .
24 MEMBER MIA JEALOUS-DANK: Aye .
25 MEMBER PIERCE RAFFERTY : Aye .
April 7, 2025 71
1 CHAIRMAN JAMES RICH III : Aye .
2 Motion is carried. Thank you very
3 much 'for your patience, and appreciate
4 all the info . Thank you . Have a nice
5 evening .
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7 (Whereupon, the Public Hearing
8 Concluded . )
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April 7, 2025 72
1 C E R T I F I C A T I O N
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3 I, Jessica DiLallo, a Notary
4 Public for and within the State of New
5 York, do hereby certify:
6 THAT, the within transcript is a
7 true record of said Board Meeting .
8 I further certify that I am not
9 related either by blood or marriage to
10 any of the parties to this action; and
11 that I am in no way interested in the
12 outcome of this matter .
13 IN WITNESS WHEREOF, I have
14 hereunto set, my hand this day,
15 April 7 , 2025 .
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