The URL can be used to link to this page

Home My WebLink AboutPB-05/05/2025 OFFICE LOCATION: OF SOUj MAILING ADDRESS: Town Hall Annex �0� old P.O. Box 1179 54375 State Route 25 Southold,NY 11971 (cor. Main Rd. &Youngs Ave.) Southold, NY G Q Telephone: 631 765-1938 �p www.southoldtownny.gov UMY, PLANNING BOARD OFFICE TOWN OF SOUTHOLD PUBLIC MEETING MINUTES May 5, 2025 5:00 P.M. Present were: James H. Rich III, Chairman Amelia Jealous-Dank, Vice-Chairperson Martin Sidor, Member Pierce Rafferty, Member Heather Lanza, Town Planning Director Mark Terry, Assistant Planning Director Brian Cummings, Senior Planner Mara Cerezo, Planner James Squicciarini, Deputy Town Attorney Jessica Michaelis, Senior Office Assistant Caitlin Westerman, Office Assistant Chairman Rich: Good evening and welcome to the Public Meeting for Monday, May 5, 2025 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:MEETIN'G Chairman Rich: The first order of business is to Board to set Monday, June 2, 2025 at 5:00 p.m. at the Southold Town Hall, Main Road, Southold, as the time and place for the next regular Planning Board Meeting Amelia Jealous-Dank: So, moved. Southold Town Planning Board Public Meeting — May 5, 2025 — Page-2 Martin Sidor: Second.; Chairman Rich: Motion made by Mia, seconded by Martin. Any discussion?All in favor? Ayes. Opposed? None. Motion carries. SUBDIVISION APPLICATIONS SEQRA CLASSIFICATION/SET HEARING Chairman Rich: Papson Resubdivision —This Resubdivision proposes to transfer 57,788 square feet from Parcel 1 (1000-31.-13- 7.1) to Parcel 2 (1000-31.-13-7.2). Following the transfer of area, Parcel 1 will decrease in size and equal .96 acres and Parcel 2 will increase to 4.47 acres in the R-40 Zoning District. The property is located at 11100 & 11120 Route 25, East Marion. SCTM#1000-31.-13-7.1 & 7.2 Amelia Jealous-Dank: WHEREAS, this resubdivision proposes transferring 57,788 square feet from Parcel 1 (1000-.31-13- 7.1) to Parcel 2 (1000-31.-13-7.2). Following the transfer of area, Parcel 1 will decrease in size and equal .96 acres and Parcel 2 will increase to 4.47 acres in the R-40 Zoning District; and WHEREAS, the Southold Town Zoning Board of Appeals issued a determination (#7979) in 2025 for the action; and WHEREAS, pursuant to Town Code §240-56 Waivers of Certain Provisions, the Planning Board waives the following requirements and steps of the subdivision review process, as they are they are not requisite in the interest of the public health, safety and general welfare: a. Sketch Plan -Article V b. Existing Resources Site Analysis Plan (ERSAP) - §240-10 (A) c. Yield Plan - §240-10 (B) d. Primary & Secondary Conservation Area Plan - §240-10 (C) e. Preliminary Plat Application -Article Vl f. Public Hearing on Final Plat Article Vll Southold Town Planning Board Public,Meeting — May 5, 2025 — Page 3 WHEREAS, the Southold Town Planning Board, pursuant to State Environmental Quality Review Act (SEQRA) 6 NYCRR, Part 617, has determined that the proposed action is a Type II Action under SEQRA according to 617.5(c)(16) "granting of individual setback and lot line variances and adjustments"; and RESOLVED, that the Southold Town Planning Board has determined that this proposed action is a Type II Action under SEQRA as described above; Martin Sidor: Second. Chairman Rich: Motion made by Mia, seconded by Martin. Any discussion?All in favor? Ayes. Opposed? None. 1 , Motion carries. Amelia Jealous-Dank: And be it further RESOLVED, that the Southold Town Planning Board sets Monday, June 2, 2025 at 5:01 p.m. for a Public Hearing on plan entitled "Lot Modification Map of Papson" dated February 2013 and last revised May 24, 2024 prepared by Nelson & Pope. Martin Sidor: Second. Chairman Rich: Motion made by Mia, seconded by Martin. Any discussion?All in favor? Ayes. Opposed? None. Motion carries. Southold Town Planning Board Public Meeting — May 5, 2025 — Page 4 SEQRA DETERMINATIONS/CONDITIONAL PRELIMINARY PLAT DETERMINATIONS Chairman Rich: Smyth Standard Subdivision —This standard subdivision proposes to subdivide a 3.68-acre improved parcel into 3 lots; where lot 1 equals 1.01 acres, lot 2 equals 1.46 acres and lot 3 equals 1.21 acres in the R-40 Zoning District. The property is located at 29330 Route 25, Cutchogue.-SCTM#1 000-102.-6-23.1 Martin Sidor: WHEREAS, this standard subdivision proposes to subdivide a 3.68-acre improved parcel into 3 lots; where lot 1 equals 1.01 acres, lot 2 equals 1.46 acres and lot 3 equals 1.21 acres in the R-40 Zoning District; and WHEREAS,,on July 11, 2022, the Southold Town Planning Board granted a Conditional Sketch Plat Approval-upon the map entitled, "Clustered Standard Subdivision for John and Margaret Smyth", prepared by Kenneth M. Woychuck Land Surveying, dated February 17, 2020 and last revised May 4, 2022; and WHEREAS, on March 16, 2023 the Southold Zoning Board of Appeals issued a determination (7737) with conditions that required the barn's preservation into perpetuity and that a principal dwelling be constructed on Lot 3 within 6 years to render the barn as a conforming accessory structure, or a merger of Lots 2 and 3 will be required to bring the barn in conformance; and WHEREAS, the Southold Zoning Board of Appeals determination also requires that the barn receive Landmark status from the Southold Historic Preservation Commission. The applicant has indicated the barn is now Landmarked; and WHEREAS, on July 11, 2022, at their Public Meeting the Southold Town Planning Board granted Conditional Sketch Plat Approval for this application, and WHEREAS, on July 11, 2022, at their Public Meeting the Planning Board determined the proposed action to be an Unlisted action pursuant to the State Environmental Quality Review Act (SEQRA) 617; and WHEREAS, on June 13, 2024 the applicant submitted a Preliminary Plat Subdivision Application for review by the Southold Town Planning Board; and WHEREAS, on January 7, 2025 performed a coordinated review of this action, and WHEREAS, on March 10, 2025 the Southold Town Planning Board issued a Negative Declaration under SEQRA; and WHEREAS, on March 10, 2025, at their Work Session the Southold Town Planning Board found the Preliminary Plat application complete and determined that the application is ready for a public hearing; and Southold Town Planning Board Public Meeting — May 5, 2025 — Page 5 _ WHEREAS, on April 7, 2025 the public hearing was held and closed with no public comments heard; and WHEREAS, at their work session on April 21, 2025, the Southold Town Planning Board, pursuant to §240-53 of the Southold Town Code- Reservation of park land on subdivisions plats containing residential units, determined that the proposed subdivision has the potential to increase the population and subsequently increase the demand for public recreation opportunities, but that a suitable park cannot be properly located on this site, and that the applicant must pay a fee in lieu thereof, pursuant to 240-53 G of the Southold Town; 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 waived the following provisions of the Southold Town Code §240 Subdivision of Land: a. Existing Resources Site Analysis Plan (ERSAP) - §240-10 (A) b. Yield Plan - §240-10 (B) c. Primary & Secondary Conservation Area Plan - §240-10 (C) d. Street Trees §161-44 e. Street Lights; and §161-46; and WHEREAS, on May 5, 2025, the Southold Town Planning Board considered the March 7, 2025 recommendation of the LWRP Coordinator and Town of Southold Local Waterfront Revitalization Program (LWRP), and has determined that the proposed project be found consistent with the policies of the Southold Town LWRP; WHEREAS, the Planning Board has 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 $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. Southold Town Planning Board Public Meeting- May 5, 2025 — Page 6 _ Opposed? None. Motion carries. Martin Sidor: 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; 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 grants Conditional Preliminary Plat Approval on the plat entitled "Preliminary Subdivision Map of Smyth John and Margaret Smyth," prepared by Young Associates, dated March 20, 2024, and last revised September 10, 2024 with the following conditions: 1. Submit a Complete Final Plat Application with the following edits to the Final Plat: a. Rename the plat "Smyth Standard Subdivision, Final Plat"; b. Provide details for the construction of the asphalt apron on Lot 1; c. Show locations of the required new property boundary markers. 2. Prior to Final Plat Approval, the following will be required as conditions of the Conditional Final Plat Approval after review of the Final Plat application: a. Fulfillment of the Park and Playground Fee in the amount of$14,000.00; b. Fulfillment of the Administration Fee in the amount of$6,000.00; 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; Southold Town_Planning Board Public Meeting=May 5, 2025 — Page_7 d. Approval by the Suffolk County Department of Health Services (SCDHS); e. Submission of a SCWA Letter of Water Availability. Amelia Jealous-Dank: Second. Chairman Rich: Motion made by Martin, seconded by Mia. Any discussion?All in favor? Ayes. Opposed? None. Motion carries. Chairman Rich: McBride Standard Subdivision — This proposal is for the standard subdivision of two parcels equaling 30.82 acres into three lots, where Lot 1 equals,1.83 acres. Lot 2 equals 1.01 acres, and Lot 3 equals 27.98 acres with a 4.271-acre reserve area and 23.755 acres of development rights sold land. Proposed Lot 2 is a . Resubdivision of existing parcel SCTM#1000-83-2-15 to reconfigure the lot lines to avoid encroachment on existing agricultural buildings. Both parcels are located within the Agricultural Conservation Zoning District. The property is located at 10625 & 10725 Oregon Road, Cutchogue. SCTM#1000-83.-2-15, 16.1 & 16.2 Pierce Rafferty: WHEREAS, this proposal is for the Standard Subdivision of two parcels equaling 30.82 acres into three lots, where Lot 1 equals 1.83 acres. Lot 2 equals 1.01 acres, and Lot 3 equals 27.98 acres with a 4.271-acre reserve area and 23.755 acres of development rights sold land. Proposed Lot 2 is a resubdivision of existing parcel SCTM#1000-83-2- 15 to reconfigure the lot lines to avoid encroachment on existing agricultural buildings. Both parcels are located within the Agricultural Conservation Zoning District; and WHEREAS, on January 13, 2025, at their Public Meeting the Southold Town Planning Board granted Conditional Sketch Plat Approval for this application, and WHEREAS, on January 13, 2025, at their Public Meeting the Southold Town Planning Board determined that this proposed action is an Unlisted Action under SEQRA: and WHEREAS, on February 10, 2025 the applicant submitted a Preliminary Plat Subdivision Application for review by the Southold Town Planning Board; and WHEREAS, on February 24, 2025, at their Work Session the Southold Town Planning Board found the Preliminary Plat application complete and determined that the application is ready for a public hearing; and B Southold Town Planning Board Public Meeting — May 5, 2025 — Page 8 WHEREAS, on March 7, 2025, the Southold Town Planning Board performed a coordinated review of this action and sent out referrals to involved and interested agencies; and WHEREAS, on April 7, 2025 a public hearing was held and closed with no public comments heard; and WHEREAS, on April 7, 2025, the Southold Town Land Preservation Department provided comments on the application indicating that the Land Preservation Committee determined that the subdivision is consistent with the terms and purposes of the Town's Development Rights Easement; and WHEREAS, on April 9, 2025, 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 WHEREAS, on April 21, 2025 at their Work Session the Planning Board found, pursuant to § 240-49 1 (4) of the Town Code, that the proposed subdivision does not present a proper case for requiring street trees on Lot 1 due to the area's being in active agricultural use and hereby agreed to waived the planting of street trees; and WHEREAS, on April 21, 2025 at their Work Session, the Southold Town Planning Board, pursuant to §240-53 of the Southold Town Code- Reservation of park land on subdivisions plats containing residential units, determined that the proposed subdivision has the potential to increase the population and subsequently increase the demand for public recreation opportunities, but that a suitable park cannot be properly located on this site, and that the applicant must pay a fee in lieu thereof, pursuant to 240-53 G of the Southold Town; and WHEREAS, on April 21, 2025 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; Amelia Jealous-Dank: Second. Chairman Rich: Motion made by Pierce, seconded by Mia. Any discussion?All in favor? Ayes. 0 Southold Town Planning Board Public Meetinq — May 5, 2025 — Page 9 Opposed? None. Motion carries. Pierce Rafferty: And be it further RESOLVED, the Southold Town Planning Board finds 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 Pierce, seconded by Mia. Any discussion?All in favor? Ayes. Opposed? None. Motion carries. Pierce Rafferty: And be it further RESOLVED, that the Southold Town Planning Board, pursuant to the State Environmental Quality Review Act §617, established itself as_Lead Agency after coordination with other agencies for this Unlisted Action; Amelia Jealous-Dank: Second. Chairman Rich: Motion made by Pierce, seconded by Mia. Any discussion? All in favor? Ayes. Opposed? None. Motion carries. Southold Town.Planning Board Public Meeting — May 5, 2025 — Page 10 Pierce Rafferty: 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 Pierce, seconded by Mia. Any discussion?All in` favor? Ayes. Opposed? None. Motion carries. l Pierce Rafferty: And be it further RESOLVED, that the Southold Town Planning Board grants Conditional Preliminary Plat Approval of the map entitled "Preliminary Subdivision Map of McBride Family Farm" prepared by Nathan Taft Corwin III, Land Surveyor, dated August 22, 2018, and last revised February 5, 2025 with the following conditions: 1. Submit a Complete Final Plat Application with the following edits to the Final Plat: a. Rename the plat "Final Plat of McBride Standard Subdivision." b. Show locations of the required new property boundary markers. c. Submission of Draft Covenants and Restrictions (a template will be provided by the Planning Department) with the following clauses (please note that not all clauses that will be required are outlined below). 2. Prior to Final Plat Approval, the following will be required as conditions of the Conditional Final Plat Approval after review of the Final Plat application: a. Fulfillment of the Park and Playground Fee in the amount of$7,000.00. b. Fulfillment of the Administration Fee in the amount of$4,000.00. c. Approval by the Suffolk County Department of Health Services (SCDHS). d. 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. Amelia Jealous-Dank: Second. > Southold Town Planning Board Public Meeting — May 5, 2025 — Page 11 Chairman Rich: Motion made by Pierce, seconded by Mia. Any discussion?All in favor? Ayes. Opposed? None. Motion carries. Chairman Rich: Old Town Farm Standard Subdivision —This proposal is for the .standard subdivision of a 17.46-acre parcel into 5 lots, where Lot 1 is 0.83 acres, Lot 2 is 0.80 acres, Lot 3 is 0.81 acres inclusive of a 0.11-acre flag, Lot 4 is 1.03 acres inclusive of a 0.20-acre flag and Lot 5 is 13.68 acres and includes a 3.05-acre development area, 10.25 acres of open space and 0.38 acres of wetlands in the R-40 Zoning District. The property is located at 2355 Main Bayview Road, Southold. SCTM#1000-78.-1-10.23 Amelia Jealous-Dank: WHEREAS, on August 28, 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 17.46-acre parcel into 5 lots, where Lot 1 is 0.83 acres, Lot 2 is 0.80 acres, Lot 3 is .81 acres inclusive of a 0.11- acre flag, Lot 4 is 1.03 acres inclusive of a 0.20-acre flag and Lot 5 is 13.68 acres and includes a 3.05-acre development area, 10.25 acres of open space and 0.38 acres of wetlands in the R-40 Zoning District; and WHEREAS, on November 4, 2024, at their Public Meeting the Southold Town Planning Board granted Conditional Sketch Plat Approval for this application; and WHEREAS, on November 4, 2024, at their Public Meeting the Planning Board determined the proposed action to be an Unlisted action pursuant to the State Environmental Quality Review Act (SEQRA) 617; and WHEREAS, on January 13, 2025, at their Work Session the Southold Town Planning Board found the Preliminary Plat application complete and determined that the application is ready for a public hearing; WHEREAS, on January 22, 2025, the Southold Town Planning Board performed a coordinated review of this action and sent out referrals to involved and interested agencies; and Southold Town Planning Board Public Meeting — May 5, 2025 — Page 12 WHEREAS, on February 10, 2025, at their Public Meeting the Planning Board determined the proposed action is located within an Agricultural Exemption District and will convert 4 acres from agricultural to residential use; therefore, it is a Type I action pursuant to the State Environmental Quality Review Act (SEQRA) 617.5; and WHEREAS, on January 24, 2025, the Town of Southold Local Waterfront Revitalization Program (LWRP) Coordinator reviewed this application and recommended that the proposed project be found consistent with the policies of the Southold Town LWRP; 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 waived the following provisions of the Southold Town Code §240 Subdivision of Land: a. Existing Resources Site Analysis Plan (ERSAP) - §240-10 (A) b. Yield Plan - §240-10 (B) c. Primary & Secondary Conservation Area Plan - §240-10 (C) d. Street Trees §161-44 e. Street Lights; and §161-46 WHEREAS, this subdivision creates four 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, on March 10, 2025, a public hearing was held and closed, and WHEREAS, on April 21, 2025 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 Southold Town Planning Board Public Meeting _ May 5, 2025_Page 13 RESOLVED, the Southold Town Planning Board finds that this proposed action is Consistent with the policies of the Town of Southold LWRP; Martin Sidor: Second. Chairman Rich: Motion made by Mia, seconded by Martin. Any discussion?All in favor? Ayes. Opposed? None. Motion carries. Amelia Jealous-Dank: And be it further RESOLVED, that the Southold Town Planning Board, pursuant to the State Environmental Quality Review Act §617.6, established itself as Lead Agency after coordination with other agencies for this Type I; Martin Sidor: Second. Chairman Rich: Motion made by Mia, seconded by Martin. Any discussion?All in favor? Ayes. Opposed? None. Motion carries. Amelia Jealous-Dank: And be it further RESOLVED, that the Southold Town Planning Board, as Lead Agency pursuant to SEQRA, hereby makes a determination of non-significance for the proposed action and grants a Negative Declaration; Martin Sidor: Second. Southold Town Planning Board Public Meeting — May 5, 2025 — Page 14 Chairman Rich: Motion made by Mia, seconded by Martin. Any discussion?All in, favor? Ayes. Opposed? None. Motion carries. Amelia Jealous-Dank: And be it further RESOLVED, that the Southold Town Planning Board, 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 $28,000.00 in lieu thereof, pursuant to 240-53 G of the Southold Town Code; I Martin Sidor: Second. Chairman Rich: Motion made by Mia, seconded by Martin. Any discussion?All in favor? Ayes. Opposed? None. Motion carries. J Amelia Jealous-Dank: And be it further RESOLVED, that the Southold Town Planning Board grants a Conditional Preliminary Plat Approval upon the map entitled "Preliminary Plat of The Old Town Farm LLC Clustered Standard Subdivision," prepared by Kenneth Woychuk Land Surveying, PLLC, dated December 23, 2023, and last revised December 5, 2024 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: Southold Town Planning Board Public Meeting — May 5, 2025— Page 15 a. Rename the plat "Final Plat of The Old Town Farm Clustered Standard Subdivision"; b. Amend the front yard setback of Lot 2 to 30' from 50' 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. Lots 3 &4 will take access off of Willow Pond Lane via a 25' wide right-of- way. i. At a minimum, the proposed common driveway access road must conform to the standards for a 12' wide stone blend roadway in accordance with Chapter 161, Highway Specifications, of the Code of the Town of Southold. ii. Show the first 5' of the access constructed of asphalt from the existing edge of the asphalt pavement. b. Show the asphalt apron on the plans and provide details for the construction of the asphalt apron. c. The revised plans must show the location of and details for all erosion and sediment controls including, but not limited to, the construction entrance, perimeter silt fencing, concrete washout area and soil stockpile area. 4. Prior to Final Plat Approval, the following will be required: a. Payment of the Park and Playground Fee in the amount of$28,000.00; b. Payment of the Administrative Fee in the amount of$10,000.00; c. Approval by the Suffolk County Department of Health Services (SCDHS); d. 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; e. The installation of property monuments at the indicated locations and pursuant to Chapter 240. Martin Sidor: Second. Chairman Rich: Motion made by Mia, seconded by Martin. Any discussion?All in favor? Ayes. Opposed? None. Motion carries. Southold Town Planning Board Public Meeting — May 5, 2025 — Page 16 FINAL PLAT DETERMINATION Chairman Rich: North Fork Project 2 & 3 Resubdivision —This proposed Resubdivision involves 13.65 acres and will transfer 162,158 sq. ft. of land from Parcel 1 to Parcel 2. Following the transfer Parcel 1 (SCTM#1000-122.-2-8:1) will equal 46,025 sq. ft. and remain conforming in the R-40 Zoning District and Parcel 2 (SCTM#1000-122.-2-24.4) will equal 548,558.02 sq. ft. and remain conforming in the R- 80 Zoning District. The property is located at 10020 Old Sound Avenue, Mattituck. SCTM#1000-122.-2-8.1 & 24.4 Martin Sidor: WHEREAS, this proposed resubdivision involves 13.65 acres and will transfer 162,158 square feet of land from Parcel 1 to Parcel 2. Following the transfer Parcel 1 (SCTM#1000-122-2-8.1) will equal 46,025 sq. ft. and remain conforming in the R-40 Zoning District and Parcel 2 (SCTM#1000-122-2-24.4) will equal 548,558.02 sq. ft. and remain conforming in the R-80 Zoning District; and WHEREAS, on August 1, 2023, the Zoning Board of Appeals (ZBA) requested comments for consideration of variances as shown in ZBA Application #7836; and WHEREAS, on October 3, 2023, the Planning Board responded to the ZBA's request for comments with no objections; and WHEREAS, on November 2, 2023, the Southold Town Zoning Board of Appeals granted the area variances required; and WHEREAS, on January 30, 2024, the applicant submitted a Resubdivision application for review by the Southold Town Planning Board; and WHEREAS, at their work session on March 25, 2024, the Southold Town Planning Board found the Resubdivision 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 interest of the public health, safety and general welfare because this Resubdivision does not result in additional density, and two parcels currently exist and will remain as two parcels, with one of the lots already developed, and therefore is eligible for a waiver: a., Sketch Plat Review; Southold Town Planning Board Public Meeting — May 5, 2025 — Page 17 b. Existing Resources Site Analysis Plan (ERSAP); c. Yield Plan; d. Primary & Secondary Conservation Area Plan; e. Preliminary Plat Review; and WHEREAS, pursuant to the Resubdivision policy set by the Planning Board in February 2011, this application is eligible for a decision from the Planning Board prior to receiving approval by the Suffolk County Department of Health Services (SCDHS) as it meets the following criterion set forth in that policy: • Where no new development potential will be created in the parcel to which the land is transferred; and WHEREAS, this application is EXEMPT from review by the Local Waterfront Revitalization Program as no new development potential will come as a result of this Resubdivision; and WHEREAS, the Southold Town Planning Board, pursuant to State Environmental Quality Review Act (SEQRA) 6 NYCRR, Part 617, has determined that the proposed action is a Type II Action under SEQRA according to 617.5(c)(16) "granting of individual setback and lot line variances and adjustments;" and WHEREAS, on May 5, 2025, at their Work Session, the Planning Board determined that the proposed action meets all the necessary requirements of Town Code §240-57 for a Resubdivision application; therefore be it WHEREAS, pursuant to Town Code §240-41 concrete monuments to mark the property boundaries are required; and RESOLVED, that the Southold Town Planning Board, pursuant to §240-56 Waivers of certain provisions, hereby waives the following provisions of subdivision: a. Article V. Sketch Plat Review; b. §240-10 (A): Existing Resources Site Analysis Plan (ERSAP); c. §240-10 (8) Yield Plan; d. §240-10 (C): Primary & Secondary Conservation Area Plan; e. Article VI: Preliminary Plat Review; Pierce Rafferty: Second. Chairman Rich: Motion made by Martin, seconded by Pierce. Any discussion? All in favor? Ayes. Opposed? Southold Town Planninq Board Public Meeting — May 5, 2025 — Page 18 None. Motion carries. Martin Sidor: And be it further RESOLVED, that the Southold Town Planning Board hereby waives the requirement to receive approval from the Suffolk County Department of Health Services prior to approval of this Resubdivision by the Southold Town Planning Board; Pierce Rafferty: Second. Chairman Rich: Motion made by Martin, seconded by Pierce. Any discussion? All in favor? Ayes. Opposed? None. Motion carries. Martin Sidor: And be it further RESOLVED, that the Southold Town Planning Board grants Final Plat Approval upon the map entitled "Survey of Property 10020 Old Sound Avenue Lot 1 Map of Sullivan, File Date:01/31/2007 Map No. 11492 and Parcel 2" prepared by Jason D. Leadingham, Licensed Land Surveyor, last revised 4/28/25. Pierce Rafferty: Second. Chairman Rich: Motion made by Martin, seconded by Pierce. Any discussion? All in favor? Ayes. Opposed? None. Motion carries. Southold Town Planning Board Public Meeting — May 5, 2025 — Page 19 CONDITIONAL FINAL PLAT DETERMINATION EXTENSION Chairman Rich: Vansant Resubdivision.—This Resubdivision proposes to create two lots from three existing 15,000 +/- sq. ft. parcels, SCTM#1000-9.8-4-12, 13 and 14. Existing Lot 13 will be divided,between Lots 12 and 14 to create proposed Parcel A at 22,735 sq. ft. and proposed Parcel B at 23,750 sq. ft. Both required area variances to create lots that are non-conforming in the R-40 Zoning District (granted in ZBA File#7751). The property is located at 1135, 1265 & 1355 Smith Road, Peconic. SCTM#1000-98.-4-12, 13 & 14 Perce Rafferty: WHEREAS, this Resubdivision proposes to create two lots from three existing 15,000 +/- sq. ft. parcels, SCTM#1000-98.-4-12, 13 and 14. Existing Lot 13 will be divided between Lots 12 and 14 to create proposed Parcel A at 22,735 sq. ft. and proposed Parcel B at 23,750 sq. ft. Both required area variances to create lots that are non- conforming in the R-40 Zoning District (granted in ZBA File#7751); and WHEREAS, on June September 25, 2023, the Southold Town Planning Board granted Conditional Final Plat Approval upon the map entitled "Lot Line Modification Map of Lots 24, 26 & 28 Map of Indian Neck Park" prepared by Seccafico Land Surveying PC, dated January 4, 2020, and last revised May 25, 2022 with the following conditions: 1. Install concrete monuments at each new property corners. 2. Notify the Planning Board when the monuments have been installed so that an inspection can be made. 3. Submit 12 paper copies and 5 mylars with the stamp of approval from the Suffolk County Department of Health Services. WHEREAS, the Final Plat Approval expired on April 7, 2025; and WHEREAS, on April 7, 2025 the applicant's agent wrote an email to the Planning Board requesting a 90-day extension to complete the requirements of Final Plat Approval; therefore be it RESOLVED that the Southold Town Planning Board extends the Conditional Final Plat Approval for this application to July 5, 2025. Amelia Jealous-Dank: Second. Chairman Rich: Motion made by Pierce, seconded by Mia. Any discussion?All in favor? Ayes. Opposed? Southold Town Planning Board Public Meeting — May 5, 2025 — Page 20 None. Motion carries. 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 Amelia Jealous-Dank: WHEREAS this Resubdivision proposes to transfer a 35' strip of land consisting of 30,363 sq. ft. from Lot 1 to Lot 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; 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 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 May 4, 2025; and WHEREAS, on May 2, 2025 the applicant's agent wrote an email to the Planning Board requesting a 90-day extension to complete the requirements of Final Plat Approval; therefore be it RESOLVED that the Southold Town Planning Board extends the Final Plat Approval for this application to August 5, 2025. Martin Sidor: Second. Chairman Rich: Motion made by Mia, seconded by Martin. Any discussion?All in favor? Ayes. I Southold Town Planning Board Public Meeting — May 5, 2025 — Page 21 Opposed? None. Motion carries. SITE PLAN APPLICATIONS SEQRA CLASSIFICATION/SET HEARINGS Chairman Rich: Cox Lane Wholesale Yard —This site plan is for a proposed wholesale business for the transportation, screening, and temporary storage of materials limited to: concrete, brick, rock, gravel; soil materials; bagged leaves and yard trimmings; and, trees and stumps for mulching. The site plan includes a truck scale, a 128 sq. ft. office booth and a 160 sq. ft. storage container on 5.9 acres in the Light Industrial Zoning District. The property is located at 7505 Cox Lane, Cutchogue. SCTM#1000-84.-3-3 Martin Sidor: WHEREAS, this site plan is for a proposed wholesale business for the transportation, screening, and temporary storage of materials limited to: concrete, brick, rock, gravel; soil materials; bagged leaves and yard trimmings; and, trees and stumps for mulching. The site plan includes a truck scale, a 128 sq. ft. office booth and a 160 sq. ft. storage container on 5.9 acres in the Light Industrial Zoning District.; and WHEREAS, the Southold Town Planning Board, pursuant to State Environmental Quality Review Act (SEQRA) 6 NYCRR, Part 617.5 (c), determined that the proposed action is a Type II Action as it falls within the following description for 6 NYCRR, Part 617.5(c)(9) "construction or expansion of a primary or accessory/appurtenant, non- residential structure or facility involving less than 4,000 square feet of gross floor area and not involving a change in zoning or a use variance and consistent with local land use controls, but not radio communication or microwave transmission facilities"; be it therefore RESOLVED, that the Southold Town Planning Board has determined that this proposed action is a Type II Action under SEQRA as described above; Pierce Rafferty: Second. Chairman Rich: Motion made by Martin, seconded by Pierce. Any discussion?All in favor? Ayes. Southold Town Planning Board Public Meeting — May 5, 2025 — Page 22 Opposed? None. Motion carries. Martin Sidor: And be it further RESOLVED, that the Southold Town Planning Board sets Monday, June 2, 2025 at 5:03 p.m. for a Public Hearing regarding the Site Plan entitled 7505 Cox Lane" prepared by Nathan Taft Corwin III, L.S., dated January 16, 2025 and last revised April 12, 2025. Pierce Rafferty: Second. Chairman Rich: Motion made by Martin, seconded by Pierce. Any discussion? All in favor? Ayes. Opposed? None. Motion carries. Chairman Rich: 705 CR 48 Contractors Campus —This site plan application proposes two new buildings, each measuring 11,002.6 square feet, on a 2.57-acre parcel in the Limited Business Zoning District. Each building will be divided into 5 contractor business spaces, for a total of 10 contractor business spaces. The property is located at 705 CR 48, Mattituck. SCTM#1000-111-12-13 Pierce Rafferty: Mr. Chairman, WHEREAS, this site plan is for the proposed development of two new buildings, each measuring 11,002.6 square feet, on a 2.57-acre parcel located in the Limited Business Zoning District in Mattituck; each building will be divided into five contractor business spaces, for a total of ten contractor business spaces; and WHEREAS, the Southold Town Planning Board, pursuant to State Environmental Quality Review Act (SEQRA) 6 NYCRR, Part 617, has determined that the proposed action is an Unlisted action as it does not meet the criteria for a Type I or Type II action; be it therefore RESOLVED, that the Southold Town Planning Board has determined that this proposed action is an Unlisted Action under SEQRA as described above; Southold Town Planning Board Public Meeting — May 5, 2025 — Page 23 Amelia Jealous-Dank: Second. Chairman Rich: Motion made by Pierce, seconded by Mia. Any discussion?All in favor? Ayes. Opposed? None. Motion carries. Pierce Rafferty: And be it further RESOLVED, that the Southold Town Planning Board sets Monday, July 14, 2025 at 5:03 p.m. for a Public Hearing regarding the Site Plan entitled "Proposed Contractor's Business Buildings" prepared by Marc Pilotta, P.E., dated January 27, 2025 and last revised April 14, 2025. Amelia Jealous-Dank: Second. Chairman Rich: Motion made by Pierce, seconded by Mia. Any discussion?All in favor? Ayes. Opposed? None. Motion carries. APPROVAL EXTENSION Chairman Rich: Peconic Landing Parking Lot—This amended site plan is for the proposed construction of a 1,138 sq. ft. addition to the existing Wellness Center and a reconfiguration of the parking lot in front of the subject addition and the entrance to the existing Community Center, all part of an existing continuing care retirement community on 144 acres in the Hamlet Density Zoning District. The property is located at 1500 Brecknock Road, Greenport. SCTM#1000-35.-1-25 Southold Town Planning Board Public Meeting — May 5, 2025 — Page 24 Amelia Jealous-Dank: WHEREAS, this amended site plan is for the proposed construction of a 1,138 sq. ft. addition to the existing Wellness Center for medical offices; and, a combination of the health center and administration building parking lots (net increase of 28 spaces), located in front of the subject addition and the entrance to the existing Community Center, all part of an existing continuing care retirement community on 144 acres in the Hamlet Density Zoning District, Greenport; and WHEREAS, on May 5, 2022, the Planning Board issued correspondence supporting a Certificate of Occupancy for the completed Wellness Center Addition and stated that the parking lot reconfiguration could take place at a later date; and WHEREAS, on October 5, 2022, the amended site plan approval expired; and WHEREAS, on March 27, 2025, Charles Cuddy, attorney for the applicant, submitted a letter requesting an Extension of Site Plan Approval, as detailed in the May 5, 2025 staff report; and WHEREAS, at a Work Session held on May 5, 2025, the Planning Board reviewed the application and determined that the expired Amended Site Plan remained in compliance with current rules and regulations; therefore be it RESOLVED, that the Southold Town Planning Board grants an Extension of Amended Site Plan Approval for eighteen (18) months from May 5, 2025 to November 5, 2026 to the Site Plan entitled "Life Care Community Expansion Peconic Landing at Southold" prepared by Howard W. Young, L.S. dated March 6, 2020 and last revised March 18, 2021. Martin Sidor: Second. Chairman Rich: Motion made by Mia, seconded by Martin. Any discussion?All in favor? Ayes. Opposed? None. Motion carries. ' r Southold Town Planning Board Public Meeting — May 5, 2025 — Page 25 PUBLIC HEARINGS Chairman Rich: 5:01 PM - NFVS Agricultural Building —This amended site plan is for the proposed construction of a 1-story 7,000 sq. ft. agricultural storage building (no basement) located on 22.8 acres of farmland with Development Rights held by Southold Town in the AC Zoning District. The property is located at 1350 Alvah's Lane, Cutchogue. SCTM#1000-102.-4-6.1 Before we get started, we just have a few comments here: Please be respectful of anyone else's opinions. These hearing are being recorded, everything you say will be entered into the record, but for a clean record, please speak into the microphone as you are speaking to the Planning Board and not to each other. We generally will give the applicant or their agent an opportunity to speak first and then will.open it up to members of the public. Each person will speak once, please step up to one of the two available podiums, state your name, sign your name but again, please direct all of your comments to the Planning Board. We are going to limit your comments to three minutes, after two and a half minutes, the bell will sound and give you a chance to conclude. Thank you. If the applicant is here, I'd like to invite him up now. Thanks. Jessica Michaelis: For the record, the sign posting and certified mailings were done correctly. Constantine Rig- as: Good Evening. My name is Constantine Rigas, I'm the agent for NFVS. We're proposing a very simple storage barn, the owner of the property farms the land. He,has cattle, he has vines and he's proposing the storage barn just for storage of his equipment that he needs to farm the lands. I'm happy to answer any questions. It's a fairly straightforward Site Plan, straightforward building. That's pretty much it. Chairman Rich: Can you tell me what the dimensions of the building are? Constantine Re-gas: It's three sections, but overall, its 125 feet wide, the main section is 60 feet deep and the two side sections are 50 feet deep. It's basically a big five bay barn is what it is. Chairman Rich: Thank you. Anyone wishing to address the Planning Board on this? Nancy Sawastynowicz: Good Evening, my name is Nancy Sawastynowicz, I live in Cutchogue. I'm trying to understand what the proposed Site Plan is for. It is not clear from the application if the use being proposed now in 2025 is different from the use proposed eight years ago in 2017. The current floor plan shows a lot of empty space, does this application show the Planning Board what all of the space will be used for? Is the building now being proposed a barn for farming on 1350 Alvah's Lane? Or is the building a garage, which will be used for management for vineyards all over the north Southold Town Planninq Board Public Meeting — May 5 2025 — Page 26 fork? Barns usually only have a few doors. The five big doors on the proposed building make it look like a garage. If the building will be a garage, then this application subsequently the same as 2017 application the Southold Planning Board denied, then this application must also be denied. Alvah's Lane was already used as a location for industrial agriculture by South Satrol Farms. Satrol Farms was different from NFVS, but Planning Board should be careful not to permit industrial operations on Alvah's Lane. In 2017, the Planning Board denied this Site Plan Application based on Town code interpretation by Southold Zoning Board of Appeals, whereas, on May 8, 2017, the ZBA issued the following code interpretation: "the use as proposed by North Fork Viticulture Services (NFVS) to erect a barn for storage of the equipment used in a business. Wherein, NFVS manages vineyards unrelated to the agricultural operation on the subject property is not an allowed use or an accessory use pursuant to Section 280.13A2 of the Town code of the Town of Southold." Has the Town code changed? The application is still North Fork Viticulture Services (NFVS) sure should like an industrial agricultural use, which is not allowed where development rights have been sold to Southold Town to preserve land for farms growing crops. This applicant has sold development rights to Southold on other properties so he knows that his ownership rights to use this property are not unlimited, but this applicant has tried before, and will `try again to violate the restrictions. If the building proposed this time will be used for only as a barn, then before approving this site plan, this Board should set conditions to enable enforcement of development rights owned by the public. Once a building is built, it will be hard to know what happens inside it. Who will monitor and protect the public interest?And then, on a personal note, in closing, when Ackermann charged in with his deer fencing, he trespassed on my elderly mothers land, he cut down her trees. They were a buffer against his spraying of poison on the eight acres of grapes. He put deer fence five to seven feet on her land and then sprayed Round-Up on her property line. He refuses to sign an affidavit that he encroached on her property; a lawyer went to him with our survey but he still refused to sign it, he is a bad neighbor. Thank you. Chairman Rich: Thank you. Anyone else? Susan Johnston: Thank you, good evening. My name is Susan Johnston. To the members of the Town of Southold Planning Board: I would like to comment on this proposal and express my concerns about this 7,000 square feet barn. The fact that this project was denied in the past, brings up some prior issues. The property was sold for preservation. The proposal is exceedingly large for the maintenance of twenty-three acres. It should be located in an industrial zone being this size. What else will be stored in a barn? What about chemicals and fertilizer, etc.? Is Mr. Ackermann still planning to use this barn to maintain the other six or so vineyards he maintains? What about the traffic in this rural area? Will it be affected by all this equipment? Will the noise issue of such a large barn with generators running constantly affect the neighbors and wildlife? Please take into account what 'Land Preservation' means to all of the farmers that signed up for it in the first place — its to preserve the land for future generations and keep the peaceful nature of our community. This could set a precedent for future proposals on land preservation, which would defeat the entire idea of this. Thank you for your time. Southold Town Planning Board Public Meeting — May'5, 2025 — Page 27 Chairman Rich: Thank you. Would you just state,your name again? Susan Johnston: Susan Johnston. Chairman Rich: Thank you. Jessica Michaelis: You could use both podiums, if anyone else would like to speak. Maril Sawastynowicz: Good evening, my name is Maril Sawastynowicz. Thank you for this hearing. The applicant bought the farm on Alvah's Lane subject to development rights that belong to the Town of Southold. The application in 2017 initially was for and 8,162 square foot agricultural storage building. While the application was pending, it was modified to 7,142 square feet. Now in 2025, he is proposing a 7,000 square foot barn. In 2017, this applicant said there were eight acres of vineyard on the 22.8-acre property. He admitted that he other 14.8 acres were-not suited to grow grapes and said that we would use them to grow grass for grazing cattle. After numerous meetings and research based on the opinion of the ZBA, the Planning Board denied the applicant the application for a site plan for the proposed storage building. I was recently told that the 2017 decision is a final decision, so how is it that now—eight years later— Mr. Ackermann is back before the Planning Board with plans for a very similar 7,000 square foot storage building, on the same preserved land with just eight acres of vineyard and the rest is used for grazing his cattle? In his 2017 application, he admitted he would use this building as a base of operation for a business that manages vineyards in other locations in addition to the eight acres, he then did an about-face and submitted a new letter saying he would not store equipment from his management business. This proves his intentions for the current re-proposed five-door, 7,000 square foot building will also be used for his North Fork Viticulture Services. A vineyard-management business should not be operating on preserved farm land. If a building this size is approved on this sized parcel farmland, it will set a precedent for all preserved farmland on the North Fork. It is imperative that the Town Code restrictions be enforced on DRS farmland. Development restrictions are permanent, please continue to follow the ZBA ruling and deny this oversized application again. I ask to please hold the hearing open for more comments because also the zoning records were not accessible, they've been down and we couldn't get a lot of information. Chairman Rich: Yes, we are aware of that. Maril Sawastynowicz: So, if we could leave the hearing open for more comments, we could have more time. Thank you. Chairman Rich: Thank you. Jessica Michaelis: We were notified today that Laserfiche will be back up by May 9tn Maril Sawastynowicz: May 9tn? Can I give you my letter, or no? Southold Town Planning Board Public Meeting — May 5, 2025 — Page 28 Susan Johnston: Excuse me, I sent my comments as an email... Jessica Michaelis: Yes, they were received. Susan Johnston: Thank you. Chairman Rich: Anyone else? We do have two sides, if you need it. Alex Compagno: My name is Alex Compagno, I live at 1100 Alvah's Lane. I thought I might meet some people here. I submitted this by email and I believe it was received. I am writing to follow up on my earlier inquiry, specifically regarding the orientation of the building. It's an issue with conversations with staff that that remained unresolved. This aspect of the proposal is critical and could significantly alter the nature and its impact. When I reviewed the plan with.your offices project manager, it became apparent that he assumed — as I initially did- that the building faced west. Which is the garage doors faces, it's called at the front of the building, to the west. But upon closer inspection of the site plan and specifically, the location of the drywells, the way the building is labeled and the preservation of the existing shed on the site, suggest that the building is intended to open to the east instead. The architectural plans do not help to clarify this as they are not directly referenced or keyed into the site plan and-they do not contain a North arrow, either. The elevations, too, aren't properly labeled, they are not labeled, North, South, East, West, it's unknown. These are normal drawing conventions that are conspicuously absent and I say that— I'm an architect, so I look for these things on plans. So obviously a 7,000 square foot building raises questions about the nature of this proposal but which way the building faces matters too. If it faces to the west, since I don't know— I have to kind of comment on both — if it faces this way or faces that way. If it faces to the west, there's an existing staging area that's already in use on the property, where they have their tractors, materials, soil, extra stuff like that, and it would support that, if it faces to the west, that makes sense—that's why we assumed that's where it was. It would also be consistent and maintain the scale of the existing operations as well, it would be in service to the current operations that are there, meaning; they're outdoors, they want to bring them indoors and store them, it makes sense — it's kind of logical given that its only being proposed as a storage building. It would also help to confine these mechanical and mechanized activities in this area and screen it from the surrounding residential properties nicely. It would also help preserve the scenic views along Alvah's lane. I'll try and be quick, in the architectural review, there were a few points that were made that I would like to add that along with the Board's recommendation to add shade trees along the southern boundary, the addition of a hedge or some sort of screening along the corner of the property, along Alvah's lane, along the hillside bordering the existing parking and staging area would also be very helpful to protect the integrity of the neighboring views and the views from the street as well of this staging area. I think also the addition of some cupolas on the structure would be in keeping with the architectural character of buildings like this in the area and would be a nice addition as well... Southold Town Planning Board Public Meeting — May 5, 2025 — Page 29 Chairman Rich: I'm sorry, Sir, we have to limit comments to three minutes. Alex Compagno: I have to finish. I haven't - Chairman Rich: I interrupted you in the beginning so I can give you another— Alex Compagno: Do we know which way the building is oriented? Brian Cummings: Yes. Jessica Michaelis: I'm sorry - Chairman Rich: Sir, after your comments have been made, the applicant's agent will be given the opportunity to answer those questions directly to us, but we cannot allow a give-and-take here right now. Thank you. Alex Compagno: I just want to make sure that question was answered, is all. Chairman Rich: Thank you, everything that you are saying, everything that everyone is saying is recorded to be,entered into the records. That's doesn't mean everyone will be getting the answer that they want, but it's all recorded and will be a part of the public record. Thank you. Alex Compagno: Will I have a chance to complete my questions? Chairman Rich: Yes, you can hand a copy to the Board. I think you sent two letters in already, right? Alex Compagno: One. Chairman Rich: Okay. Thank you. Unknown Speaker: The review period has been very difficult as well, with the Laserfiche being down. And we'd like some additional time — Chairman Rich: Yes, we are well aware of that. Thank you. Benja? Benja Schwartz: Before we,get to this application, I think we need a little perspective. The talk about farmland, development rights, submissions of zoning —yes, the property is owned by the farmer but without the development rights, it's limited what he can do there. The farming is why we purchased the development rights. Seems that even though that was done many years ago, there's still some confusion as to what that means. Some people feel that, and I agree that at a minimum, development rights mean that you cant build houses on the land, but I also believe that the development rights mean that you can not do anything except farm produce, crops and/or livestock there and it's in the Town Code that that is what allowed, retail sales are not allowed and Southold Town Planninq Board Public Meeting — May 5, 2025 — Page 30 clearly Industrial no processing is allowed on development right-sold farmland. So, a little bit about perspective, now I think you, the Board, need to take a hard look at this application, in addition to the information submitted, you need to judge ferocity and the credibility of the sources and it's your role not just to listen to what people say, but to judge whether they're telling the truth or not. It wasn't a lot to judge, the applicant's not even here and his representative was very, very brief—didn't really give us much information. I think we need information including what else does the applicant do? The property's owned by the North Fork Viticultural Services, not by the farmer. So that's not a farming company, so I would like to know what they are doing on other properties and make sure that they know that they can't do that here, with or without a building. Last time, the decision was made by this Board eight years ago, the applicant's representative then was questioned and said that the Board didn't give them any answer. That they wanted to know what they are allowed to do with their property stated that "we lease farmland. We own a farm, we lease farmland — produce grapes." Well, they own the farm but they don't own the development rights on the farm and it's in an agricultural zone. Leasing farmland, I don't know if they're lease includes rights to build structures on there but, "see we need a barn, we need to know what we're allowed to do.." What they're allowed to do is farm the land. If they need, I support a storage structure to do that, but this is not facing the farm and — Chairman Rich: Benja, that's your three minutes. Thank you, sir. Benia Schwartz: I'd just like to finish; I thought I was going to get a little of a heads up? Chairman Rich: No. Benia Schwartz: You know this three minute stuff is not— I been I haven't been here for a few years but in the past, time has always been flexible in the Town of Southold, everywhere in the Town of Southold I've never heard of a strict three minute by-the- clock time limit that cant be extended by the Board if the Board is listening to something that they want to hear, that makes no sense — Chairman Rich: Thank you for your input. Benia Schwartz: (continues)... basic rules of public hearings. So, I would respectfully ask for 30 seconds to conclude my statement. You might want to think about extending the three minutes when it's appropriate. Chairman Rich: You know what? There are not many people left here, I'll give you 30 seconds. Jessica Michaelis: I'd just like to add that you can submit your full statement in writing. Chairman Rich: Yes, written comments hold the same weight as ones spoke here. Southold Town Planning Board Public Meeting — May 5, 2025 — Page 31 Beniai Schwartz: Okay, thank you. Without wasting anymore time, the site plan also doesn't indicate whether there will be paved areas, whether the current staging — whatever you call in front of the barn — is going to be paved or not. Is there going to be any plumbing in the building? I saw there was a comment by the Architectural Review Committee that they didn't think there should be outside lighting but I'd like to make sure that there is no outside lighting, or if there is, that it would not be left on all the time, the Town enforcement on this issue is non-existent. I was told by the Code Enforcement that they don't work at night so they don't enforce lighting code, so I just felt the Town needs to take that into consideration and makes it very clear. Chairman Rich: Thank you for your comments. Benia Schwartz: Thank you, you're welcome. Chairman Rich: Anyone else? Diane Crosser: Good evening. Going back in time, a few people have referenced it, this is May 11, 2017: Ackermann Barn- not allowed. Most of us were here then, it was denied and it was denied because it was said that the area of the barn would be used to maintain twenty other properties, not just that property quote—this is The Suffolk Times: "ZBA ultimately concluded that the building itself would store equipment for use on other properties and that was not permissible under the Town Code." That's why it was turned down, in addition to not being able to pull up the site plan, my understanding is that there's supposed to be a sign posted of a public hearing, which there was in 2017. 1 walk my dog past there every day—twice — no sign. So, I think that's also a violation'of just letting people know what someone wants to do. I've got information for you but there's also been several rulings where, environmentally, you can't use property with developmental rights sold to use it for your personal gain of your personal business. Truly important is the deed, from the Town of Southold's responsibility, the deed signed by the original owner, the Town has the right to prohibit and restrict the use of the premises in it's present use only of agricultural production. Being a business man who is working with twenty vineyards, the trucks are up and down there all the time. How do I know? Ten to seven I walk by dog up there, the cars are all parked there on the northwest side of the property, the men feed the cattle, and then the men are all off on their trucks. By eight thirty, trucks are all headed out. How do I know that? I leave for work between eight and eight thirty, so getting down Alvah's Lane depends upon whether they're going north or south. Going back, this is now Planning Board, this is from Leslie Weismann to Donald Wilcenski: "applicant states that the large size of the barn is required to store their vineyard management equipment and that they do business and manage hundreds of acres of vineyards elsewhere." And I have copies of everything for you. Again, this dates back to December 2016, hearing March 2, 2017, this is from Leslie Weismann again, her response to the applicant was: 'well you certainly wouldn't need that amount of equipment if you only have eight acres.' I mean, that really told the whole thing and I think to Benja's point, the character of the applicant, the fact that you're not notifying people that you're doing this, doesn't give us a chance to look into it. The fact that you've changed your mind, this is submission to the Board Southold Town Planning Board Public Meeting — May 5, 2025 — Page 32 by the applicant and the date is November 3, 2016, use of the barn: "there's no regular, daily use, our workers will not park there." They park there every day! Ten to seven to ten after seven, just drive down Alvah's lane and you'll see it, how many cars are up there. Last thing, and probably the most importantly: there's some legal cases that again, environmentalists have brought, also in Nassau County and I think it's worth taking a look at that. State Court has also determined that this is not an acceptable use of preserved land. And Last thing, I know, I heard my timer, but you gave Benja thirty, so you have to give me thirty. Last thing is, and this is from Richard Emper, Long Island Pine Barrens, and the letter is November 17, 2016: "It's clear'that the proposed use does not constitute a permissible agricultural use." So that said, I have all the paperwork, I have five copies of everything that the applicant submitted in 2017 and the story changes — no we're not doing cattle, we're doing more mines. No, we're not doing more mines —that's not suitable. We need; I think this community to know what is truly happening with the property and its sketch at best if you're not going to let people know that you (inaudible). Chairman Rich: Thank you. Anyone else? John Bischoff: My name is John Bischoff, attorney (inaudible) PLLC. What is the deadline for a submission for a written statement with respect to this project? Chairman Rich: We are going to address that at the end of this meeting. John Bischoff: Thank you very much. Diane Crosser: So, can I give these to you? Chairman Rich: Yes, you can give those to me. Sir? Michael Crosser: Thank you, my name is Michael Crosser, I'm the husband of this lovely lady who's just walked away. I'd just like to say: barns are wonderful and a barn to take care of cattle, store hay in a loft seems to be a reasonable thing. But a barn to store — like many people have said, somebody used the term garage —to store agriculture equipment used in a business elsewhere seems to be an inappropriate use of the property as its supposed to be. So that's all I'd like to say. Thank you very much. Chairman Rich: Thank you, anyone else? Do you — Mr. Rigas — again, you'll be speaking to us, but do you have anything you'd like to address? Any additional information would be great. Constantine Rigas: Sure, I could just share some additional information based on some concerns people had. The barn does face west; it does face the current gravel area there. We're trying to minimize the impact, that's why we have sited it the way we have sited it. There is no outdoor lighting, there is no plumbing, this is literally just to store equipment for this property: tractors, I'm a grape harvester, I'm not a farmer but he did kind of explain to me what he needs though. That's really all it is, he's not using this Southold Town Planninq Board Public Meeting — May 5, 2025 — Page 33 barn to run his business, I think the previous application —that was his intent, I think previously his first set of drawings eight years ago actually had an office as part of the structure —we are not doing that. This is literally storage for this lot here, he has cattle, he has grapes, he has equipment, he has hay, he has feed and that's,pretty much it. To kind of let everybody know, this building is just for this property, it's not for anything else that he does. Mr. Ackermann actually has many other businesses in addition to —that's how I met him, he has other businesses in addition to just vineyard management. He's not running any businesses out of this. Chairman Rich: Thank you. Anyone else? Lisa Tettleback: I live on Crownland Lane, which is on the other side of the property and I understand that it's going to be used for storage and cattle and hay. Is there a reason why it's as high as it is? It's supposed to be a one-story building but typically this is close to two stories and I don't know if it's been explained as to why it needs to be that high. So that's just something I wanted to point out. It's untypically high. Chairman Rich: Thank you, your concerns will be entered into the record and often these questions we come back and ask of the applicant. So, your question will be entered into this record. Thank you. Anyone else? Jessica Michaelis: If there's anyone on Zoom that would like to address the Board, please just raise your hand. Amelia Jealous-Dank: I motion to leave this hearing open for 30 days for written comment. Martin Sidor: Second. Chairman Rich: Motion made by Mia, seconded by Martin. Any discussion?All in favor? Ayes. Opposed? None. Motion carries. APPROVAL'OF PLANNING BOARD MINUTES Southold Town Planning Board Public Meeting — May 5, 2025 — Page 34 Chairman Rich: Our last order of business is to approve the Planning Board minutes from: • March 10, 2025 • April 7, 2025 Amelia Jealous-Dank: So moved. Martin Sidor: Second. Chairman Rich: Motion made by Mia, seconded by Martin. Any discussion?All in favor? Ayes. Opposed? None. Motion carries. Chairman Rich: This concludes the business of our meeting tonight. Can I get a motion for adjournment? Martin Sidor: So moved. Amelia Jealous-Dank: Second. Chairman Rich: Motion made by Martin, seconded by Mia. Any discussion? All in favor? Ayes. Opposed? None. Motion carries. Southold Town Planning Board Public Meeting — May 5, 2025 — Page 35 There being no further business to come before the Board, the meeting was adjourned. Respectfully submitted, 0-,P:L\ pa� Allison Palmeri a Transcribing Secretary James H. Rich III, Chairman