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HomeMy WebLinkAboutPB-06/02/2025 OFFICE LOCATION: �F SOUr MAILING ADDRESS: Town Hall Annex �0�1'' Ol0 P.O. Box 1179 54375 State Route 25 Southold, NY 11971 (cor.Main Rd. &Youngs Ave.) Southold, NY Telephone: 631 765-1938 G p www.southoldtownny.gov UNiY, PLANNING BOARD OFFICE TOWN OF SOUTHOLD PUBLIC MEETING MINUTES June 2, 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 James Squicciarini, Deputy Town Attorney Caitlin Westerman, Office Assistant Chairman Rich: Good evening and welcome to the Public Meeting for Monday, June 2, 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 MEETING . Chairman Rich: The first order of business is to Board to set Monday, July 14, 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. Martin Sidor: Second. Southold Town Planninq Board Public Meetinq —June 2, 2025 — Page 2 Chairman Rich: Motion made by Mia, seconded by Martin. Any discussion?All in favor? Ayes. Opposed? None. Motion carries. SUBDIVISION APPLICATIONS CONDITIONAL FINAL PLAT DETERMINATION Chairman Rich: Evans Standard Subdivision —This proposal is for the standard subdivision of a 5.68-acre parcel into 2 lots, where Lot 1 is 1.5 acres, and Lot 2 is 4.18 acres in the R-40 Zoning District. The property is located at 1050 Greton Court, Mattituck. SCTM#1000-107.-3-2 Amelia Jealous-Dank: WHEREAS, this proposal is for the standard subdivision of a 5.68-acre parcel into 2 lots, where Lot 1 is 1.5 acres, and Lot 2 is 4.18 acres in the R-40 Zoning District; and WHEREAS, on September 9, 2024, at their Public Meeting the Southold Town Planning Board granted Conditional Sketch Plat Approval for this application, and WHEREAS, on September 9, 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) 617.5; and WHEREAS, on October 25, 2024 the applicant submitted a Preliminary Plat Subdivision Application for review by the Southold Town Planning Board; and WHEREAS, on January 27, 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 WHEREAS, on March 10, 2025 the public hearing was held and closed; and WHEREAS, on April 7, 2025, the Southold Town Planning Board determined that the proposed project was consistent with the policies of the Southold Town LWRP; and Southold Town Planning Board Public Meeting —June 2, 2025— Page 3 WHEREAS on April 7, 2025, the Southold Town Planning Board, as Lead Agency, granted a Negative Declaration for the proposed action; and WHEREAS, on April 7, 2025 the Planning Board required a $7,000.00 park and playground fee, pursuant to 240-53 G of the Southold Town Code; and WHEREAS, on April 7, 2025 the Planning Board granted Conditional Preliminary Plat Approval upon the map entitled "Evans Standard Subdivision Preliminary Plat," prepared by Young Associates, dated March 20, 2024, and last revised September 10, 2024 subject to the following conditions; and WHEREAS, on May 7, 2025, the Final'Plat Application was received; and WHEREAS, on June 2, 2025, the Planning Board determined Final Plat Application was complete; and WHEREAS, on June 2, 2025, at their work session, the Planning Board found the final plat is in substantial agreement with the preliminary plat and agreed to waive the final public hearing; and WHEREAS, the Planning Board reviewed the Final Platr application and found that it is in compliance with the requirements of Town Code §240 Subdivision of Land; be it therefore RESOLVED, that the Southold Town Planning Board, pursuant to Section 240-24 action on final plats which are in substantial agreement with approved preliminary plats hereby waives the public hearing on the final plat; 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 grants conditional final plat approval on the plat entitled "Evans Standard Subdivision Final Plat," prepared by Southold Town Planning Board Public Meeting —June 2, 2025 — Page 4 Young Associates, dated April 21, 2025, and last revised April 29, 2025 subject to the following conditions: a. Submission of the Park and Playground Fee in the amount of$7,000.00; b. Submission of the Administration Fee in the amount of$4,000.00; c. Submission of twelve paper copies and five mylar maps with Suffolk County Department of Health Services (SCDHS) approval; d. Covenants and Restrictions will be required to be drafted to the satisfaction of the Planning Board, and filed prior to Final Plat Approval. A draft will be provided by the Planning Department. Martin Sidor: Second. Chairman Rich: Motion made by Mia, seconded by Martin. Any discussion?All in favor? Ayes. Opposed? None. r Motion carries. FINAL PLAT DETERMINATION EXTENSION Chairman Rich: Latham Resubdivision —This Resubdivision proposes to transfer 1.2 acres from SCTM#1000-18.-2-16.2 to SCTM#1000-18.-2-38.1 in the R-80 Zoning District. Following the transfer, Lot 16.2 will be decreased from 3.2 acres to 2.06 acres and Lot 38.1 will be increased from 1.5 acres to 2.71 acres. The property is located at 1500 & 1010 Youngs Road, Orient. SCTM#1000-18.-2-38.1 & 16.20 Martin Sidon WHEREAS, this Resubdivision application proposes to transfer 1.2 acres from SCTM#1000-18-2-16.2 to SCTM#1000-18-2-38.1 in the R-80 Zoning District. Following the transfer, Lot 16.2 will be decreased from 3.2 acres to 2.06 acres and Lot 38.1 will be increased from 1.5 acres to 2.71 acres. and WHEREAS, on January 14, 2025, the Southold Town Planning Board granted Final Plat Approval upon the map entitled "Lot Line Modification Map" prepared by AJC Land Surveying PLLC, dated December 15, 2023, and last revised August 31, 2024. WHEREAS, the Final Plat Approval expired on May 4, 2025; and WHEREAS, April 14, 2025 the Final Plat Approval expired; and Southold Town Planning Board Public Meeting —June 2, 2025 — Page 5 WHEREAS, on June 2, 2025 the applicant wrote a letter to the Planning Board requesting a retroactive extension of the Final Plat Approval; therefore be it RESOLVED that the Southold Town Planning Board extends the Final Plat Approval for this application to August 31, 2025. Pierce Rafferty: Second. Chairman Rich: Motion made by Martin, seconded by Pierce. Any discussion?All in favor? Ayes. Opposed? None. Motion carries. FINAL PLAT DETERMINATION Chairman Rich: Herrick Resubdivision —This proposed resubdivision merges two parcels, SCTM#1000-9.-11-7.2 (0.92 acres) and 1000-9.-11-7.1 (4.19 acres) to create a single parcel of 5.11 acres in the R-80 Zoning District. The property is located at Ocean View Avenue & Beach Road, Fishers Island. SCTM#1000-9.-11-7.1 & 7.2 Piere Rafferty: WHEREAS, on February 25, 2025, the applicant submitted a resubdivision application for review by the Southold Town Planning Board; and WHEREAS, this.resubdivision merges two parcels, SCTM#1000-9.-11-7.2 (0.92 acres) and 1000-9.-11-7.1 (4.19,acres) to create a single parcel of 5.11 acres in the R-80 Zoning District; and WHEREAS, on April 21, 2025, at their work session, the Planning Board found the application complete; and WHEREAS, this application is EXEMPT from review by the Local Waterfront Revitalization Program as no new development potential will result from this resubdivision; and Southold Town Planning Board Public Meeting —June 2, 2025 — Page 6 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; 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, 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, 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. The reasons for this determination are that this resubdivision does not convey any significant additional development potential to either parcel, therefore the following provisions can be waived: a. Article V. Sketch Plat Review; b. §240-10 (A): Existing Resources Site Analysis Plan (ERSAP); c. §240-10 (B):Yield Plan; d. §240-10 (C): Primary & Secondary Conservation Area Plan; e. Article VI: Preliminary Plat Review; f. §240-19 (C-2): Preliminary and Final Public Hearings; and WHEREAS, pursuant to Town Code §240-41 concrete monuments to mark the new property boundaries are required; and WHEREAS, on April 21, 2025, at their work session, the Planning Board found that this application meets all the necessary requirements of Town Code Chapter 240 for a resubdivision; therefore, be it RESOLVED, that the Southold Town Planning Board, pursuant to §240-56 Waivers of certain provisions, hereby waives the following provisions of subdivision: Southold Town Planning Board Public Meeting —June 2, 2025 — Page 7 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; f. §240-19 (C-2): Preliminary and Final Public Hearings; 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 grants Final Plat Approval upon the map entitled "Herrick & Co. L. P. & Lucinda J. Herrick Lot Line Modification" prepared by CHA Land Surveyor, dated January 15, 2025. 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 Planninq Board Public Meetinq —June 2, 2025 — Page 8 RE-ISSUE 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 Amelia Jealous-Dank: 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, the Southold Town Planning Board extended the Conditional Final Plat Approval for this application to July 5, 2025; and WHEREAS, all conditions have been met; and WHEREAS, on November 15, 2024, the applicant submitted a new Final Plat with Suffolk County Department of Health approval, replacing the last survey prepared by North Star Engineering dated July 12, 2024, and last revised October 10, 2024; therefore be it RESOLVED, the Southold Town Planning Board re-issues Final Plat Approval upon the map entitled_"1135 Smith Road Land Division" prepared by North Star Engineering, dated July 12, 2024, and last revised October 30, 2024. Southold Town Planning Board Public Meeting —June 2, 2025 — Page 9 Martin Sidor: Second. Chairman Rich: Motion made by Mia, seconded by Martin. Any discussion?All in favor? Ayes. Opposed? None. Motion carries. SITE PLAN APPLICATIONS DETERMINATION Chairman Rich: NOFO'Center Amended —This site plan is for proposed interior alterations to an existing 4,866 sq. ft. multi-use building, no footprint expansion, with thirty-six parking stalls on 0.7 acres in the General Business Zoning District. The property is located at 75 Marlene Lane, Mattituck. SCTM#1000-143-3-1 Amelia Jealous-Dank: WHEREAS, this site plan is for proposed interior alterations to an existing 4,866 sq. ft. multi-use building, no footprint expansion, with thirty-six parking stalls on 0.7 acres in the General Business Zoning District, Mattituck; and WHEREAS, on October 1, 2021, Anthony Portillo, authorized agent, submitted a portion of the materials for an amended Site Plan Application for review; and WHEREAS, on November 9, 2021, Anthony Portillo, authorized agent, submitted a portion of the materials for an amended Site Plan Application for review; and WHEREAS, on November 16, 2021, Anthony Portillo, authorized agent, submitted a photometric plan for review; and WHEREAS, on November 23, 2021, Anthony Portillo, authorized agent, submitted a Notice of Disapproval for the file; and WHEREAS, on December 6, 2021, the Planning Board accepted the amended application as complete for review; and Southold Town Planning Board Public Meeting —June 2, 2025 — Page 10 WHEREAS, on December 6, 2021, the Southold Town Planning Board, pursuant to State Environmental Quality Review Act (SEQRA) 6 NYCRR, Part 617.5 (c), determined that the proposed action was a Type II Action as it falls within the following description pursuant to State Environmental Quality Review Act (SEQRA) 617.5(c)(2) ". . . replacement, rehabilitation or reconstruction of a structure or facility, in kind, on the same site, including upgrading buildings to meet building or fire codes"; and WHEREAS, on December 12, 2021, the Planning Board, pursuant to Southold Town Code §280-131 C., distributed the application to the required agencies for their comments; and WHEREAS, per the agreement with the SC Planning Commission, this action is a matter for local determination because it is a site plan application proposing less than 5,000 square feet of new or renovated floor, and does not require a referral to the Commission; and WHEREAS, on January 10, 2022, a Public Hearing was held and closed; and WHEREAS, on January 13, 2022, the Southold Town Code Enforcement officer verified that there were no open violations on the subject parcel; WHEREAS, on January 25, 2022, the Southold Town Engineer reviewed the revised site plan and determined that revisions were necessary in order to meet the minimum requirements of Chapter 236 for Storm Water Management; and WHEREAS, on February 1, 2022, the Southold Town Fire Marshal reviewed and determined that there was adequate fire protection and emergency access for the site; and WHEREAS, on February 1, 2022, the Town of Southold Local Waterfront Revitalization Program Coordinator reviewed the proposed project and determined the project to be consistent with Southold Town LWRP policies with recommendations to the Planning Board; and WHEREAS, on February 22, 2022 the Mattituck Fire District determined there was adequate fire protection for the site; and WHEREAS, at their Work Session, held on February 28, 2022, the Southold Town Planning Board reviewed the proposed amended Site Plan and determined that revisions and additional information were required; and WHEREAS, on March 16, 2022, Doug Cabral, authorized agent, submitted a detailed request to the Planning Board,to proceed with interior work of Unit#3 prior to site plan approval; and r l Southold Town Planning Board Public Meeting -June 2, 2025 — Page 11 WHEREAS, on March 18, 2022, the Planning Board agreed to allow the applicant to proceed with interior work to Unit#3 prior to site plan approval as detailed in the request referenced above; and WHEREAS, on March 25, 2022, Doug Cabral, authorized agent, submitted a detailed request to the Planning Board to proceed with interior work to Units#1 &#2 prior to site plan approval; and WHEREAS, on March 29, 2022, the Planning Board agreed to allow the applicant to proceed with interior work to Units #1 &#2 prior to site plan approval as detailed in the request referenced above; and WHEREAS, on July 19, 2022, staff provided an update to the applicant via email that no information or revised'site plans had been submitted since the Planning Board follow-up letter of February 28, 2022; and WHEREAS, on October 5, 2022, Anthony Portillo, authorized agent, submitted a portion of the required items for review; and WHEREAS, on December 13, 2022, Anthony Portillo, authorized agent, submitted a revised photometric plan for review; and WHEREAS, on February 17, 2022, staff provided the Code section and Chapter 172 details for the applicant via email; and WHEREAS, on March 9, 2023, Anthony Portillo, authorized agent, submitted a revised photometric plan for review; and WHEREAS, on March 30, 2023, staff provided review comments and analysis to the applicant via email regarding the proposed Photometric Plan pursuant to Chapter 172; and WHEREAS, on May 23, 2023, Anthony Portillo, authorized agent, submitted a revised photometric plan and a revised site plan for review; and WHEREAS, on June 1, 2023, Anthony Portillo, authorized agent, submitted a revised site plan for review; and WHEREAS, at their Work Session, held on June 5, 2023, the Southold Town Planning Board reviewed the proposed Site Plan and determined that with exception of the conditions listed below, all applicable requirements of the Town Code site plan regulations, Article XXIV, §280 Site Plan Approval were met; and WHEREAS, on June 5, 2023, the Southold Town Planning Board found the application consistent with the Local Waterfront Revitalization Program; and Southold Town Planning Board Public Meeting —June 2, 2025 — Page 12 WHEREAS, on June 5, 2023, the Southold Town Planning Board granted a Conditional Approval regarding the Site plan entitled "NOFO Center Planning" prepared by Anthony Portillo, R.A., dated November 4, 2021, with two (2) conditions to be met; and WHEREAS, on September 25, 2024, Doug Cabral, authorized agent, submitted five (5) paper copies of the revised Site Plan, providing the required ADA compliant parking stalls and a location in the rear parking area for cross access connection, including the stamp, seal and signature of the NYS Licensed Professional preparing the plans, as required by Condition #1; and WHEREAS, on September 25, 2024, Doug Cabral, authorized agent, submitted five (5) paper copies of the revised Site Plan, providing the required ADA compliant parking stalls and a location in the rear parking area for cross access connection, including the stamp, seal and signature of the NYS Licensed Professional'preparing the plans, as required by Condition #1; and WHEREAS, on May 30, 2025, the Southold Town Chief Building Inspector reviewed and certified the proposed use is permitted as Business Office and Retail uses in the Business (B) Zoning District, as required by Condition #2; and WHEREAS, at their work session on June 2, 2025, the Southold Town Planning Board determined that all two conditions of conditional approval had been satisfied as detailed above; therefore be it RESOLVED, that the Southold Town Planning Board grants Approval regarding the Site Plan entitled "NOFO Center Units #1, #2, &#Y prepared by Anthony Portillo, R.A., dated September 25, 2024, and authorizes the Chairman to endorse the plans listed below: Page G-001.01 — Project Location & Scope Site Plan & Zoning Data Page A-103.01 — Proposed Floor Plans Page P-101.01 — Plumbing Riser Diagrams PM-101 — Photometric Analysis (Site Plan Title: NOFO Center Planning, Dated: 5/5/23) Martin Sidor: Second. Chairman Rich: Motion made by Mia, seconded by Martin. Any discussion?All in favor? Ayes. Opposed? None. Southold Town Planninq Board Public Meetinq —June 2, 2025 — Page 13 Motion carries. PUBLIC HEARINGS Chairman Rich: 6:01 PM - 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 Jessica Michaelis: For the record, the sign posting and certified mailings were done correctly. Martin Finnegan: Good evening, Martin Finnegan, Mattituck—for the applicant, which is Papson Irrevocable Trust. This is a very straightforward resubdivision application, the request is to transfer 57,788 square feet of the existing parcel 1, which is known as 7.1 to lot 2 which is known as lot 7.2. The resulting parcel 1 will be a conforming 42,000 square foot-parcel that about .96 acres, the water side viewing parcel will increase to 4.47 acres. Parcel 2 is (inaudible), it's improved with residents, garage and pool. Parcel 1, which will be the resulting parcel is a vacant lot. The ZBA granted their required lot with variances back in January, to allow the application to proceed. So, I'll be available for any questions that the Board may have. Chairman Rich: Thank you. If anyone wants to come forward to speak on this application, please step to the podium at either side and state your name, write your name for the record. Debra Raposa: 11360 Main Road. I only received; this is the first time I've received a certified mail regarding this property. I'm not sure why, I'm one property away from Papson so I received a (inaudible) about a hearing from the initial subdivision (inaudible). So, I first would like to know, was I supposed to? James Squicciarini: Generally, yes, there's a proximity amount where they (inaudible). But I can't speak to that. Debra Raposa: Right, nor did I for the original subdivision. Heather Lanza: My name is Heather; I'm the Planning Director. It may bet hat we went a little farther than we should have with the notice, because we notice adjacent or across the street. So, if you aren't, then that's why you didn't get one before. There may be no good reason for that except maybe somebody misread the tax map book. Debra Raposa: Okay so, I understand when you initially apply for a subdivision, its looked kindly when you do not ask for the smallest lot to be cut off with the.zoning so therefore this was — I think it was kindly because the pass and truss applied for a larger Southold Town Planning Board Public Meetinq —June 2, 2025 — Page 14 buff. But now their main parcel there, the front lot, the four and a half acres —does that exclude them from dividing that in the future? Amelia Jealous-Dank: We won't be answering questions directly—this meeting is to collect information. I mean, it will be answered eventually but within the process... Debra Raposa: I guess my concern is that it seems that this was a large building lot next to another very large parcel there, but now there minimizing it so does that mean that if you subdivide a lot, that is looked favorably upon by the Planning Department and then you reverse your direction and minimize it to just an acre. I just find it a little odd because I feel like this is — after this is approved and, in the future, —this can happen again, you can subdivide them (inaudible). So, you don't really have to abide by the typical rules of subdivisions which don't allow you to modify that parcel all at once. Chairman Rich: Your comments are being recorded and will be addressed as we move forward. You have to keep in mind here that this was issued by the (inaudible) and your comments are pretty well taken as far as the intra-subdivision and that can be a covenant that's considered. I'm not saying it will be, but I'm saying that we will consider that. It may even be in the ZBA file. Debra Rapousa: Thanks, and I haven't had a chance, I mean I got this so late that it is (inaudible) haven't had the time to make an appointment to go up there. Chairman Rich: Anyone else? Caitlin Westerman: We do have a few people on Zoom with their hands raised. Mark, you were first. Mark Clifford: Thank you, my name is Mark Clifford, I'm at 820 Trumans Path, so I'm adjacent to this property. My question is really just a question of fact: it says here in Covenants and Restrictions —"No further subdivision permitted of either parcel one or parcel two, in perpetuity." Does this then not qualify the further subdivision of— I mean, maybe the Board could just address this as a point of fact. Chairman Rich: Well, I would think, and I'm not an attorney, but I would think if that is conditioned the way you read it. That would answer this other question. Debra Raposa: I didn't see where it says that. Mark Clifford: I couldn't hear her too well, it's under "Covenants and Restrictions" it's in the center at the top of what I was sent by certified mail last week. I guess is this a further subdivision that would be prohibited or is this not regarded as a 'further' subdivision. So, I would think that the, I mean Southold Town would need to answer this question before this application could even be considered. Chairman Rich: The applicant's attorney will speak now. Southold Town Planning Board Public Meetinq —June 2, 2025 — Page 15 Martin Finnegan: I would say 'no' this is not a further subdivision. We have.two lots now and we will have two lots when we are done. The Covenants do not say `these parcels - as they exist-are larger than what is required (inaudible)." So, technically, there could have been more parcels here because there is area for that, but what is happening here is just simply a movement of one of the lot lines, the one parcel, the remaining parcel will still be more than conforming to the minimum lot area requirements of the bulk schedule. So, there is no further subdivision, no creation of additional lots here, we're simply moving the lot line between two existing lots. - Mark Clifford: So, you will confirm though, that that covenant will exist in perpetuity so we will not have more than two lots on this property? Chairman Rich: Yes. Mark Clifford: Thank you for that. And then just, to clarify, I'm not quarrelling with it, I'm just curious: The Planning Board feels confident that the word "further" would allow the shifting of this as long as there is not another lot created, that's your interpretation of this law? Chairman Rich: My interpretation would be that the final subdivision would be allowed on this if the ways it's been read to me is correct. Mark Clifford: Thank you very much, no more questions for me. Thank you again for this. Chairman Rich: Thank you, next? Caitlin Westerman: Marilyn, can you hear us? Marilyn Pasier: Can you hear me? Caitlin Westerman: Yes. We can hear you now. Marilyn Pasierb: So, my concerns were the same thing that was expressed by the first lady and then Mr. Clifford about, if by changing this, that would allow them to have more lots there, other than the two and it seems like that was answered. My also concern is I'm just questioning the purpose of this is—to make that first lot so large. If other buildings or whatever could be built on that because it is extended and they would have more space to do that on. So, those are my concerns. Chairman Rich: Thank you for your concerns. Caitlin Westerman: Elizabeth, can you hear us? Southold Town Planning Board Public Meeting —June 2, 2025 — Page 16 Elizabeth O'Reilly: Oh yes, now I can. Yes, I have the very same concerns that I've just heard from the three previous ones. I'm not sure if its irrevocable, why it's being changed and, if by changing it, will it lead to more building on the large parcel. I'm at 1420 Truman's Path, Elizabeth O'Reilly. Caitlin Westerman: Thank you. We have one more online. Corinna, can you hear us? Corinna Durland: Hello? Is that me now? Caitlin Westerman: Yes. Corinna Durland: Okay, great. I live at 1500 Truman's Path and I am just expressing similar concerns that there is a lack of clarity for me in terms of what this lot change may or may not allow, so I'd also like to understand that. Whether it does allow for different amount of building on the larger lot. It seems clear that further subdivision is not going to be an issue but that is also an issue for me —further understanding what may or may not be possible to 'put on the property and how this changes that. Chairman Rich: Well, I think that they actually own both pieces of property so they adjusted the property, it's been approved by the ZBA and we can confirm, or in pretty good faith confirm that it cannot be resubdivided again. They still have the right to build any size house, or garage or swimming pool, whatever they want on this piece of property, it's their property. At this point, what they would do with it is beyond the scope of this hearing. Corinna Durland: Okay. Caitlin Westerman: Any questions, comments or concerns at this time? On Zoom? Debra Raposa: I did not see the part that there would be absolutely no further subdivisions of either parcel in perpetuity. Absolutely no subdivisions in perpetuity... Chairman Rich: That's what they signed and that's what they agreed to, but that does not prevent them from building on the property. Caitlin Westerman: We do have one more on Zoom. Marilyn? Marilyn Pasierb: Yes, I forgot to state my address: 680 Truman's Path. And, l understand that they have the right to build what they want. I guess what my concern is, again, backing up what the other few people said: is that's a very long, narrow strip of property and by extending their property line, that just gives more room or opportunity for that to be done because then there's just more space to do all of that and I guess that of a concern because that's a very long and very narrow strip of property there. Thank you. Chairman Rich: Thank you. Southold Town Planning Board Public Meeting —June 2, 2025 — Page 17 Amelia Jealous-Dank: I make a motion to close the hearing. Martin Sidor: Second. Chairman Rich: Motion made by Mia, seconded by Martin. Any discussion?All in favor? Ayes. Opposed? None. Motion carries. Chairman Rich: 5:03 PM - 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 Jessica Michaelis: For the record, the sign posting and certified mailings were done correctly. Colin Ratsey: Hi, my names Colin Ratsey. I work for the (inaudible) Greenport, New York. We moved into this lot here; it was an old pit and was all filled and we cleaned it all up. What we're trying to do here is, we've moved into a district that allows us to do what we're doing. We want to bring in mulch, concrete and crush it. We're right backed up to the dump, so it's very convenient, we're not bothering anybody. It's also 50 feet down into a hole, so the noise is very minimal —you can't hear any of the machines running by standing out on the street. We also left all the brush up on the top so that you can't hear anything and it's very quiet—we tested it. We also cleaned up the front there, cut the trees with the Town, we put grass in, we're waiting for the surveyor to put the last section of fence up in the back. That'll be up against he dump. There's fencing all around the other area and we've paved the entrance area to the road to make it clean so there's not dirt going out on the road. We've pretty much done everything that we can. Chairman Rich: Thank you. Anyone wishing to address the Planning Board on this project? Anyone on Zoom? Caitlin Westerman: No. Southold Town Planning Board Public Meeting —June 2, 2025 — Page 18 Amelia Jealous-Dank: I make a motion to close the hearing. Martin Sidor: Second. Chairman Rich: Motion made by Mia, seconded by Martin. Any discussion?All in favor? Ayes. Opposed? None. Motion carries. HEARING HELD OPEN Chairman Rich: 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 1.350 Alvahs Lane, Cutchogue. SCTM#1000-102.-4-6.1 This hearing, regardless, will be open until June 4, 2025 for written comment. Now if there is anyone here that would like to address the Board, please step forward, state and write your name for the record. Nancy Sawastynowicz: Nancy Sawastynozicz, Cutchogue. World War I just starting, my grandfather, Paul Kolosky, was 17 years old and he walked from Poland to Hammer, Germany. From Hammer, he took his ships to America. (Inaudible) a farmer and saved enough money to buy a farm on Alvah's Lane in Cutchogue. That was almost 100 years ago. I grew up on that farm, surrounded by family and friends. In 1999, my family sold development rights to the taxpayers of'Southold Town. The Town promised to let it be use of the land for farming. I think North Fork Viticulture Services is using the farm to store tractors and other kinds of equipment and supplies to use for managing hundreds of acres. In my opinion, the deed of development rights is now be violated. About eight years ago, NFVS wanted a permit to build an enormous building to use as a base of operations. Now NFVS wants a permit to build and even bigger building and I don't understand why NFVS needs the same size building to farm a 22- acre farm on Alvah's Lane as it was said it was needed to farm hundreds of acres. The new proposal will have five large doors on one side and would not have a single human- sized door. I've never seen a barn that looks like that. If NFVS is already operating in violation of the land use descriptions, the Town should stop it, not give it permission to build and industrial garage. Eight years ago, NFVS told the Town what it planned to put in the building and the Town said "No." This time, NFVS is not even telling the Town Southold Town Planning Board Public Meeting —June 2, 2025 — Page 19 what it plans to put in the building. They should not approve this Site Plan. Your approval will set a prescient for other farmers to buy land at lower costs because Development Rights were sold and use that land for Industrial Agriculture. My relatives sold the Development Rights, they knew they could have gotten more money by selling to developers, the farm meant more to them than just money. Now it's up to you to do the right thing and follow the law, deny this Site Plan. The name Cutchogue means 'broad fork fields' in the Indian language, please, let's keep it that way. Thank you. Chairman Rich: Thank.you. Anyone else? Diane Crosser: Last Friday, I left packets for all of you, members of the Planning Board with my written comments, opposition of construction on the outside property and was sent for Town Officials (inaudible) Krupski, the Town Attorney and the Deputy Town Attorney, just to express my concerns in the packets of everything I've researched. One thing I did question with Mr. DeChance was the no sign put on the property 30 days as per the Town Code, to notify neighbors that a hearing was taking place. So, Mr. DeChance pulls the affidavit in the file saying that it had been put in place —there is no affidavit in the file. There was one in 2017, but no — unless it never made it into the file, there is no affidavit from April of this year saying that the sign was posted. Mr. DeChance did say where it could have been taken away, someone might have moved it, you know (inaudible) moving this thing is someone who didn't want it to be known that it was coming up on a hearing. I spend a tremendous amount of time researching the hearing minutes, the town code, the applicants file and the (inaudible). A tremendous amount of time and I don't want to waste your time by rehashing what I already put in that packet. But full disclosure - my husband and I have not seen that property from where we are, we're closer to the main road so we will not see the property - but what is happening here is just really wrong, it will affect us. The trucks come up and down the road multiple times throughout the day, I believe you have evidence from someone in that regard. Our water will be a Petrie dish, herbicides, pesticides, I'm thinking they have a whole store there to take care of other properties. Our roads with the wear and tear increasing highway department, that is really just wrong. Taxes increase that we have to pay for but honestly— I've never met Sophie and Paul but they'd be turning over in their graves if they knew that this was happening right now. March 2"d at the regular meeting of the Planning Board, I heard the applicant say: "It never occurred to us that use there would be a question, this is a true and fair proposal. Otherwise, we could have easily bought one of the acreages like a two-acre property nearby (inaudible) and developments where rights were not sold and there are a number of parcels in the area that they could have bought instead of the barn if we realized it was going to be a question of what we were doing was agricultural or not, we didn't expect this". Our property is 2 acres, we were told when we bought it that the first acre was subdividable, if we now decided —we go to the town —we want to put a 5-story apartment building up, that would be outrageous! We would say to you: "well we didn't know, you said it was subdividable. We didn't know that we couldn't put up an apartment building." This is equally outrageous. Last thing, just looking in the files that occurred to me was an email from Bill Ackermann: "Happy New year! Hope to see all of you sometime this year at the beef garage." So now we have approved —these garages were not approved in Southold Town Planninq Board Public Meeting —June 2, 2025 — Page 20 residential areas, this is a big problem and I truly hope— I mean, personally, I'm holding it that people think that wealth and power and status are the most important things — time is. None of us that speak on this would have put the time into this is we truly didn't feel it was important to us, to the Town and to really just (inaudible). You can't just arbitrarily say "I didn't know," you can't just arbitrarily say "I don't care." This is not right and I hope you really go through everything I sent to you. Its objective, its not subjective, it was from your documents, your ZBA reports. I didn't make it up and I; didn't subject my interpretation on your reports. So, again, I would just ask you, I know it's open until the 4th, but please read the letters that were sent. Most of these people have no vested interest in this (inaudible). Benia Schwartz: Good Evening. Id like to say it's a pleasure to be here but I'd rather be .at home, walking the dogs. I'll make it a short statement. Paragraph number three, Findings of Fact. Well, 2017 Zoning Interpretation, the ZBA to the Planning Board states: "The board received substantial testimony and written comment about the impact the proposed use would have on such a property and on surrounding properties. Whether such activity was allowed on land where development rights have been sold, the veracity of statements made by Mr. Ackermann in the testimony before the Planning Board have in correspondence. The size of the proposed barn and whether the proposed 8,162 square foot barn is the appropriate and necessary size for the subject property." If Mr. Ackermann was seeking a site plan approval before the Planning Board, those issues would be relevant and important considerations, the mandate of the Town of Southold Land Preservation Committee hereafter all can see in the code of the Town of Southold, New York, Chapter 17, Chapter 70 and Chapter 185 is broad, including: to review all matters relevant to development rights, agriculture, economy in general. The legal mandate includes authority (inaudible) to serve as a review board the granting of permits, constructions, reconstruction and additions to structures. To serve as a review Board, for the granting of permits for the constructions, reconstruction and additions of the two structures either on agricultural lands which the development rights have been acquired by the Town. Both the Building Department and the Planning Board referred this site plan to the LPC, and a dramatic contrast to the well thought-out reason of the ZBA in 2017, the response of the LPC in 2025, is minimal (inaudible). The LPC expressly designed to declined to review the size and location post-building. Inclusionary statement about the use being agricultural completely devoid of factual substance. Due to the failure of the LPC to execute its role to defend the property rights belonging to the Town of Southold, it appears that only the public is making an effort to fulfill the role of representing the interest of the Town with respect to development. The public hearing of the Planning Board on May 5th, was never property closed and so it was added to the agenda (Inaudible). Please don't dismiss the public hearing before carefully considering the veracity of the use proposed by NFVS in the current site plan application and the impacts permitting the use of this farm, is originally proposing NFVS to have on this farm and the Alvah's Lane neighborhood when Agri-business is (inaudible). I noticed in the (inaudible). Chairman Rich: Thank you. Southold Town Planning Board Public Meeting —June 2, 2025 — Page 21 Constantine Rigas: I'm the agent for the applicant. I just wanted to address, I'm the one that signed the affidavit email. I don't have it in front of me but I did get a confirmation and receipt to Jessica from the Planning department. I also have photos of the signs up that were posted in the timeframes, so I would be happy to provide those. I'm trying to address a couple of things; there have been a lot of statements made by the public here. I just want to say the facts of this project— make sure that everybody is clear on what we are proposing. The property is used for a couple of purposes — in the strip of farmland, in the vineyard and the cow pasture. The barn that we are proposing to build will be used exclusively for storage of the equipment needed to maintain that community character pasture along with hay and food for the cattle. There was a couple of comments at the last public hearing about the orientation of the barn, we have sited the barn for the doors to face west into the existing gravel parking area. We have done that so as to minimize the views and minimize disturbances to the pasture and other than that, I think it's a very straightforward thing. If the board has any questions, I'd love to hear them. Amelia Jealous-Dank: This is a very large barn, what else is going to be stored there besides hay? Constantine Rigas: Tractors, wine harvesters. Amelia Jealous-Dank: The applicants have duplicates for all the other properties he manages and these are to remain on site? Constantine Rigas: That is correct. These would be just o manage this site. Lillian McCullough: My name is Lily McCullough, I am the Land Preservation Executive Assistant and I'm not going to add anything — I've drafted the comments submitted on behalf of the Land Preservation Committee — so I'm not going to add anything to the comments or what's captured by the easements but I do what to clarify two things because they come up a lot: the easement is the only thing that the Land Preservation is charged with reviewing as it relates to the Site Plan. The easement defines agricultural production, easement areas —this easement area in particular, it allows structures related to Ag production. That's defined as: "production for commercial purposes of crops, livestock, livestock products but not land or portions thereof used for processing or retail merchandizing of such crops, livestock or livestock,products. Land use and Ag production tell us who confronts us if the storage building, livestock barns, irrigation systems and any other structures used exclusively for agricultural purposes." This is the only definition the Land Preservation Committee is allowed to apply to it's review of barns that are referred to us for site plan review and I also just want to clarify that in the ZBA comments, they explicitly state that: "The Board" — in this case the Zoning Board of Appeals - "is charged with and has to make a decision to interpret and make permeations on your (inaudible) on Chapter 280 of the Town Code. Therefore, the Board is (inaudible) to make a determination as to whether or not the proposed use meets the definition of agricultural production under that chapters of the Town Code other than Chapter 280. Pursuant to Chapter 25, citing the deed of development rights, Southold Town Planning Board Public Meetinq —June 2, 2025 — Page 22 which is now Chapter 7 and relates to preserved agricultural land. So, I just wanted to clarify that because I've been hearing quite a few comments about what the deed of development rights requires and how that relates to the ZBA interpretation. That's it. Thank you. Chairman Rich: Thank you. Anyone else? Please sir, step to the podium. Al. Hello, my name is Al, 1100 Alvah's lane. I just wanted to address some comments about the area of disturbance for this person and calculating that area. (Inaudible) existing gravel area —just depicting on the plan —was part of that area. And I got a letter, trying to photograph this particular corner of the site (inaudible). In this time period that this area was created and,it's a pretty well-known (inaudible) neighborhood that ongoing off-site commercial agricultural activities have been going on, it's kind of a marching area in the morning, where the tractors on and off, and the trailers on and off the site to (inaudible). I believe the back area was never properly filed and given permission to perform things even though it's not a building, it's still a development of the land. It's an improvement to what's built—the staging area and (inaudible) grandfathered simply because it's never ran out. And I'm sure you've included in your consideration of the area of disturbance as calculated as far as this is proposed, not exclusive of it. Chairman Rich: Thank you. Caitlin Westerman: We have one person on Zoom. Sandra? Sandra Russo: I am Sandra Russo, I live at 1700 Alvah's lane, two lots away from the proposed barn. My main concerns are the truck traffic, I moved in, I'm new here. I've seen a lot of new families with young children and I see the kids skateboarding down that hill and I'd like to know where the driveway would be for that area, I couldn't make it out really on the plan. I'm just concerned as you come up that hill, it's almost a blind hill where you can't see the traffic coming there. My second concern would be what is being stored, our wells are in that area and if there are pesticides for viticulture, I'd be very concerned, I'm a holistic nurse. Water quality is very important to us and I don't understand why 8,000 square foot, five bays. Theres equipment on the property now and it just, it doesn't make sense to me, it doesn't add up, so... That's all I have to say. Chairman Rich: Thank you. Amelia Jealous-Dank: I motion to close this hearing with record let open for written comments until June 4tn Martin Sidor: Second. Chairman Rich: Motion made by Mia, seconded by Martin. Any discussion?All in favor? Southold Town Planning Board Public Meeting —June 2, 2025 — Page 23 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 Mia, seconded by Martin. Any discussion? All in favor? Ayes. Opposed? None. Motion carries. There being no further business to come before the Board, the meeting was adjourned. Respectfully submitted, Allison Palmeri H, Transcribing Secretary Ames H. Rich III, Chairman