HomeMy WebLinkAboutPB-08/14/2017 MAILING ADDRESS:
PLANNING BOARD MEMBERS ��®F S®(/Jjyo P.O.Box 1179
DONALD J.WILCENSKI ,`® l® Southold,NY 11971
Chair
OFFICE LOCATION:
WILLIAM J.CREMERS Town Hall Annex
sk
PIERCE RAFFERTY ® a0@ 54375 State Route 25
JAMES H.RICH III ®��i (cor.Main Rd. &Youngs Ave.)
MARTIN H.SIDOR OWN, Southold, NY
Telephone: 631765-1938
www.ioutholdtownny.gov
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
PUBLIC MEETING
MINUTES REC�IVED
August-14, 2017 CT_ 1 7 2011 EY
6:00 p.m. a n
Sout Id Town Clerk
Present were: James H. Rich III, Vice-Chairman
Martin Sidor, Member
Pierce Rafferty, Member
Mark Terry, Assistant Planning Director
Brian Cummings, Planner
Erica Bufkins, Planner Trainee
Jessica Michaelis, Clerk Typist
SETTING OF THE NEXT PLANNING BOARD MEETING
Vice-Chairman Rich: The-first order of business is for the Board to set Monday,
September 11, 2017 at 6:00 p.m. at the Southold Town Hall, Main Road, Southold„ as
the time and place for the next regular Planning Board Meeting.
Pierce Rafferty: So moved.
Martin Sidor: Second.
Vice-Chairman Rich: Motion made by Pierce, seconded by Martin. Any discussion? All
in favor?
Ayes.
Opposed?
None.
Motion carries.
Southold Town Planning Board Page 12 August 14, 2017
SUBDIVISIONS - STATE ENVIRONMENTAL QUALITY REVIEW ACT
(SEQRA)
SEQRA Type Classifications/ Set Final Plat Hearings/ Conditional Preliminary Plat
Determinations:
Vice-Chairman Rich: RCC Sacred Heart—This proposal is for a Standard Subdivision
of 35.5 acres into two lots for the purpose of separating an existing cemetery from an
agricultural area, where Lot 1 = 24.65 acres of agricultural land, and Lot 2 = 10.86 acres
and contains the cemetery of the Roman Catholic Church of the Sacred Heart. In
addition, two lot lines of the adjacent parcel belonging to the Roman Catholic Church of
Our Lady of Ostrabama, SCTM#1000-96-5-12.2 (Lot 3), will be relocated to allow Lot 1
direct access to Depot Lane; the size of Lot 3 will remain at 7.17 acres. The property is
located in the AC Zoning District at 3450 Depot Lane, Cutchogue. SCTM#1000-96-5-
12.2 & 12.3
Pierce Rafferty: Mr. Vice-Chairman I offer the following:
WHEREAS, this proposal is for a standard subdivision of 35.5 acres into two lots for the
purpose of separating an existing cemetery from an agricultural area, where Lot 1 =
24.65 acres of agricultural land in contract for the sale of Development Rights with
Southold Town, and Lot 2 = 10.86 acres and contains the cemetery of the Roman
Catholic Church of the Sacred Heart. In addition, two lot lines of the adjacent parcel
belonging to the Roman Catholic Church of Our Lady of Ostrabama, SCTM#1000-96-5-
12.2 (Lot 3), will be relocated to allow Lot 1 direct access to Depot Lane; the size of Lot
3 will remain at 7.17 acres. The property is located in the AC Zoning District at 3450
Depot Lane, Cutchogue.; 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 any of the thresholds of a Type I Action,
nor does it meet any of the criteria on the Type II list of actions; 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.
Martin Sidor: Second.
Vice-Chairman Rich: Motion made by Pierce, seconded by Martin. Any discussion? All
in favor?
Ayes.
Opposed?
None.
Southold Town Planning Board Page 13 August 14, 2017
Motion carries.
Pierce Rafferty: And be it further
RESOLVED, that the Southold Town Planning Board sets Monday, September 11,
2017 at 6:01 p.m. for a Public Hearing regarding "Sketch Plan for Standard
Subdivision RRC Sacred Heart", prepared by John C. Ehlers, Land Surveyor, dated
March 3, 2017 and last revised May 3, 2017.
Martin Sidor: Second.
Vice-Chairman Rich: Motion made by Pierce, seconded by Martin. Any discussion? All
in favor?
Ayes.
Opposed?
None.
Motion carries.
Vice-Chairman Rich: Koehler Family Limited Partnership - This proposal is a
Clustered Standard Subdivision of a 14.94 acre parcel into eight lots where Lot 1 equals
0.83 acres inclusive of 0.04 acres of unbuildable lands; Lot 2 equals 0.85 acres
inclusive of 0.05 acres of unbuildable lands; Lot 3 equals 1.13 acres inclusive of 0.26
acres of unbuildable lands; Lot 4 equals 0.70 acres; Lot 5 equals 0.66 acres; Lot 6
equals 0.70 acres; Lot 7 equals 0.73 acres; and Lot 8 equals 8.72 acres of Open Space
and 0.05 acres of unbuildable lands, located in the R-80 Zoning District. This property
includes a proposed road totaling 0.54 acres. The property is located at 4180 New
Suffolk Avenue, on the corner of Marratooka Road and New Suffolk Avenue, in
Mattituck. SCTM#1000-115-10-1
Martin Sidor: Mr. Vice-Chairman, I offer the following:
WHEREAS, this proposal is for a Clustered Standard Subdivision of a 14.94 acre
parcel into seven lots where Lot 1 equals 0.80 acres; Lot 2 equals 0.90 acres inclusive
of 0.08 acres of unbuildable lands; Lot 3 equals 1.11 acres inclusive of 0.14 acres of
unbuildable lands and .07 acres of easement area; Lot 4 equals 0.70 acres; Lot 5
equals 0.66 acres; Lot 6 equals 0.70 acres; Lot 7 equals 0.9.51 acres inclusive of 8.72
acre area of Open Space and a .05 right of way easement; located in the R-80 Zoning
District; and
WHEREAS, on July 1, 2013, the Southold Town Planning Board granted Conditional
Sketch Plan Approval upon the map entitled "Cluster Plan Prepared for Koehler Family
Southold Town Planning Board Page 1 4 August 14, 2017
Limited Partnership", dated February 15, 2012 & last revised November 16, 2012,
prepared by Nathan Taft Corwin, III, Land Surveyor with conditions; and
WHEREAS, on July 7, 2014 the application was granted an extension of Conditional
Sketch Plan Approval through December 7, 2014 and
WHEREAS, on August 27, 2014 the applicant submitted a Preliminary Plat application
and fee in the amount of$1,000, and
WHEREAS on September 23, 2014 and on November 13, 2014 the Planning Board
found the Preliminary Plat application incomplete with outstanding conditions of
Conditional Sketch Approval to be fulfilled, and
WHEREAS on December 17, 2014 the Planning Board agreed not to accept the
Preliminary Plat Application as complete until the affordable housing proposal had been
reviewed in more detail; and
WHEREAS, on January 26, 2015 the Preliminary Plat application was found complete
and referred to all applicable agencies, and
WHEREAS, on February 4, 2015 the Mattituck Board of Fire Commissioners responded
with no recommendations as long as the water main and hydrant are installed as shown
on the plat; and
WHEREAS, on February 10, 2015 the Trustees responded with comments; and
WHEREAS, on February 10, 2015 the Planning Board classified the application as an
unlisted action under SEQRA and set the Preliminary Plat Public Hearing for March 9,
2015; and
WHEREAS on February 24, 2015 the Suffolk County Department of Health Services
responded with comments; and
WHEREAS on March 2, 2015 the Office of the Town Engineer responded with
comments.
WHEREAS on February 24, 2015 the Suffolk County Planning Commission responded
that they considered the application to be a matter for local determination, and
WHEREAS on March 5, 2015 —The Office of Parks Recreation and Historic
Preservation responded that a Phase I Cultural Survey is warranted for all portions of
the property, and.
WHEREAS, on March 9, 2015 the Preliminary Plat Public Hearing was held and closed;
and
WHEREAS on April 9, 2015 The New York Department of Environmental Conservation
responded that they have no objection to the Planning Board taking lead agency and
Southold Town Planning Board Page 15 August 14, 2017
attached the Tidal Wetlands Permit No 1-4738-04281/00001 issued August 16, 2013
and expires 8/15/2023 for the subdivision of the parcel into 7 lots; and
WHEREAS, on April 21, 2015 The LWRP coordinator provided comment on the
subdivision and recommended that the action be found inconsistent with LWRP policies;
and
WHEREAS, on April 27, 2015 —The applicant requested by letter a second extension of
the Conditional Sketch Approval; and
WHEREAS on April 29, 2015 —The Board of Trustees provided comment and concern
on the preliminary plan; and
WHEREAS on May 5, 2015 -- The application received an extension of the Conditional
Sketch Approval for 180 days set to expire June 7, 2015.
WHEREAS on May 15, 2015 the Planning Board rescinded the letter sent January 30,
2015, allowing the applicant to fulfill the Affordable Housing requirement through the
purchase of a home to be sold to an eligible candidate on the Affordable Housing list.
The PB required the applicant submit a written proposal to satisfy the Affordable
Housing Requirement.
WHEREAS, on June 4, 2015 the applicant submitted a written requested to mutually
extend the timeframe for a preliminary plat decision;
WHEREAS, on July 7, 2015, the Planning Board declared Lead Agency status for the
SEQRA review of the Unlisted Action; and
WHEREAS on March 28, 2016 the applicant sent a letter requesting an extension of
Conditional Sketch Approval; and
WHEREAS, on May 3, 2016 ,the Planning Board granted a year extension of the
Conditional Sketch Approval set to expire June 1, 2016 and mutually extended the
timeframe to render a Preliminary Plat decision from August 4, 2015 to September 1,
2016; and
WHEREAS on September 14, 2016 the Office of the Town Engineer provided comment
on the revised Preliminary Plat dated June 20, 2016; and
WHEREAS on December 2, 2016 the applicant submitted a Phase I and II
Archeological Investigation Report; and
WHEREAS on February 2, 2017, the applicant filed the Phase I and II Archeological
Investigation Report with the State Historic Preservation Office; and
WHEREAS on June 6, 2017, the applicant submitted a letter stating the intention to use
standard septic systems and agreed to place the open space as part of Lot 7, and
Southold Town Planning Board Page 16 August 14, 2017
WHEREAS, at their August 14, 2017 work session, the Planning Board reviewed the
revised plans titled Preliminary Plat Koehler Family Limited Partnership", dated
December 14, 2015 and last revised April 15, 2017, prepared by Kenneth M. Woychuk
Land Surveying, PLLC and found that all requirements of Preliminary Plat Approval
pursuant to Article VI Preliminary Plat Review under the following conditions have been
met; therefore be it
RESOLVED, that the Southold Town Planning Board, pursuant to State Environmental
Quality Review Act (SEQRA) 6 NYCRR, Part 617, hereby makes a determination of
significance for the proposed action and grants a Conditioned Negative Declaration
with the following condition:
1. The wastewater systems installed for each of the 7 residential lots in this
subdivision must be one of the Innovative and Alternative Onsite Wastewater
Treatment Systems permitted under Article 19 of the Suffolk County's Sanitary
Code and in place prior to issuance of a Certificate of Occupancy for each lot;
Pierce Rafferty: Second.
Vice-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 has determined that this proposed
action is consistent with the policies of the Town of Southold Local Waterfront
Revitalization Program.
Pierce Rafferty: Second.
Vice-Chairman Rich: Motion made by Martin, seconded by Pierce. Any discussion? All
in favor?
Ayes.
Opposed?
None.
Southold Town Planning Board Page 1 7 August 14, 2017
Motion carries.
Martin Sidor: And be it further
RESOLVED, that the Southold Town Planning Board hereby grants Conditional
Preliminary Plat Approval upon the map entitled "Preliminary Plat Koehler Family
Limited Partnership", dated June 30, 2014 and last revised April 15, 2017, prepared by
Kenneth M. Woychuk Land Surveying, PLLC with the following conditions as amended:
1. Revise the Preliminary Plat as dated last revised 4/15/2017 as follows:
a. Title Final Plat to,read "Clustered Final Plat Prepared...";
b. Clarify if the numbers in the Lot Area Data Table reflect accurate areas in
the "Easements" row and add the non-disturbance buffer areas in a
separate row. Show the square footage of each easement area and non-
disturbance area of each lot;
c. Add a notation that the overhead wires located on lots 1, 2, and 3 will be
relocated. Place a notation on the map that the "Overhead wires to be
located underground";
d. Clarify the notation ""proposed water service" shown on Lot 6 on the plat;
e. Correct notation that states "ingress/egress access to Lot 8 (open space)"
to read lot 7;
f. Provide metes and bounds descriptions on the Final Plat for the following:
i. property lines;
ii. buffers and;
iii. easement areas.
g. Provide proposed locations for concrete monuments on the Final Plat.
Concrete markers shall delineate each corner of proposed lots, landscape
buffer on lots 1 and 4, and limits of the non-disturbance buffer on Lots 2
and 3;
h. Provide a notation that all new structures shall be set back 100' from the
top of bank on Lot 2; The Planning Board is requiring that all new
structures, including but not limited to residences, driveways, sanitary
leaching pools, tennis courts and swimming pools be located landward of
the 1 00' wetland setback line pursuant to Chapter 275 Wetlands and
Shorelines of the Southold Town Code;
i. Remove note for 3-4 bedroom sanitary system on Lot 3;
Southold Town Planning Board Page 18 August 14, 2017
j. Remove the typical roadway cross section on the Preliminary Plat. Show
mountable curbs on the Final Road and Drainage Plan. (Town of Engineer
letter September 13, 2016).
2. Submit a written explanation why relief of setbacks for principal structures are being
sought.
3. Submit a written request to apply the vegetation within the buffer as meeting the
clearing limits requirements on Lots 2 and 3 and to waive clearing limit
requirements on Lots 1, 4, 5, 6 and 7.
4. Submit six copies of a separate Road & Drainage plans that reflect the current
design and satisfy the requirements mandated through §240-21 Technical
requirements including:
a. Street trees, including size, type and specifications for placement. Street
Trees have been shown in the right-of-way of the new road section.
Street Trees should be located five (6) feet off of the property line and
within the envelope of the proposed lots.
5. Rectify the corner of the town pavement encroaching into the parcel at the
intersection into of Marratooka Road and New Suffolk Avenue. A lot line change or
easement should be filed.
6. The Planning Department will provide templates for the below listed legal
documents without schedules; upon receipt, review the templates, propose
changes add legal descriptions of subject areas as schedules, then re-submit for
further review:
a. Covenants and Restrictions;
b. Interim Maintenance Agreement for the road;
c. Access Easement over Lot 3;
d. Common Access Easement over Lots 2 and 3;
e. Open Space Easement on Lot 7.
7. Submit a Letter of Water Availability from Suffolk County Water Authority.
8. Apply to the Board of Trustees for approval to establish and clear the 10' wide
access easements on Lots 2 and 3 and the 20' x 20' easement area on Lot 2.
Southold Town Planning Board Page 1 9 August 14, 2017
9. Attain coverage from New York State Department of Environmental Conservation
(DEC) under the Phase II State Pollutant Discharge Elimination System (SPDES)
Program. Because this site directs Stormwater directly to the Towns infrastructure,
it is required that the applicant submit a NYSDEC SWPPP and their NOI
submission to this office for review.
10. Affordable housing requirement pursuant to §240-10 B. (2)(c).
The Planning Board found that using an existing home, as was proposed in the
past, is not one of the options identified in Town Code that would be eligible for a
waiver (§240-10 B. (2)(c)[2]).
Submit a written proposal to satisfy the requirement to provide one affordable
housing unit pursuant to §240-10 B. (2)(c). The proposal must include sufficient
details regarding which option is chosen, location, type of dwelling and any other
information the Board may require. This will need to be completed prior to finding
the Final Plat application complete.
Pierce Rafferty: Second.
Vice-Chairman Rich: Motion made by Martin, seconded by Pierce. Any discussion? All
in favor?
Ayes.
Opposed?
None.
Motion carries.
SUBDIVISIONS
Sketch Plat Extensions:
Vice-Chairman Rich: Baxter, William J., Jr., - This proposal is a Standard Subdivision
of a 2.38 acre parcel into 4 lots where Lot 1 = 0.62 acres, Lot 2 = 0.63 acres, Lot 3 =
0.62 acres and Lot 4 = 0.52 acres, in the Hamlet Business Zoning District. The property
is located at 260 Griffing Street, on the northeast side of Griffing Street, approximately
402' west of the Main Road, in Cutchogue. SCTM#1000-102-5-9.4
Pierce Rafferty: Mr. Vice-Chairman I offer the following:
WHEREAS, this proposed Standard Subdivision is to subdivide a 2.38 acre parcel into 4
lots where Lot 1 equals 0.62 acres, Lot 2 equals 0.63 acres, Lot 3 equals 0.62 acres
Southold Town Planning Board Page 1 10 August 14, 2017
and Lot 4 equals 0.52 acres. The parcel is located in the Hamlet Business Zoning
District; and
WHEREAS, the Southold Town Planning Board granted Sketch Plan Approval upon
the map prepared by Nathan Taft Corwin, III, Land Surveyor, entitled "Yield Map
prepared for William J. Baxter, Jr. situated at Cutchogue", dated September 15, 1998,
last revised May 17, 2011; and
WHEREAS, the Southold Town Planning Board granted an Extension of Sketch Plat
Approval for six (6) months from December 20, 2016 to June 20, 2017 upon the
map prepared by Nathan Taft Corwin, III, Land Surveyor, entitled "Yield Map prepared
for William J. Baxter, Jr. situated at Cutchogue", dated September 15, 1998 and last
revised May 17, 2011; and
WHEREAS, June 19, 2017, the applicant requested by letter for an additional six (6)
month extension of the Sketch Plat Approval expired June 20, 2017 to December 20,
2017; and
WHEREAS, the Planning Board performed a coordinated review of this Unlisted Action
pursuant to 6 NYCRR Part 617, Section 617.7 of the State Environmental Quality
Review Act (SEQRA); be it therefore
RESOLVED, that the Southold Town Planning Board hereby declares Lead Agency
status for the SEQRA review of this Unlisted Action.
Martin Sidor: Second.
Vice-Chairman Rich: Motion made by Pierce, seconded by Martin. Any discussion? All
in favor?
Ayes.
Opposed?
None.
Motion carries.
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.
Martin Sidor: Second.
Southold Town Planning Board Page 111 August 14, 2017
Vice-Chairman Rich: Motion made by Pierce, seconded by Martin. Any discussion? All
in favor?
Ayes.
Opposed?
None.
Motion carries.
Pierce Rafferty: And be it further
RESOLVED, that the Southold Town Planning Board grants an Extension of Sketch
Plat Approval for six (6) months from June 20, 2017 to December 20, 2017 upon
the map prepared by Nathan Taft Corwin, III, Land Surveyor, entitled "Yield Map
prepared for William J. Baxter, Jr. situated at Cutchogue", dated September 15, 1998
and last revised May 17, 2011.
Martin Sidor: Second.
Vice-Chairman Rich: Motion made by Pierce, seconded by Martin. Any discussion? All
in favor?
Ayes.
Opposed?
None.
Motion carries.
Conditional Sketch Plat Determinations:
Vice-Chairman Rich: Big Bing & Little Bing - This proposal is for a 75/75 split cluster
Conservation Subdivision subdividing two R-80 and AC split-zoned parcels,
SCTM1000-95-1-8.3 (54.24 acres) and SCTM1000-95-1-7.2 (30.49 acres) totaling
84.72 acres into 9 lots where: Lot 1 equals 4.38 acres; Lot 2 equals 37.72 acres upon
which development rights are proposed to be sold to Suffolk County; Lot 3 equals 22.08
upon which development rights are proposed to be sold to Suffolk County; Lot 4 equals
1.64 acres; Lot 5 equals 3.93 acres, Lot 6 equals 2.21 acres; Lot 7 equals 3.84 acres
and Lot 8 equals 4.48 acres and a proposed right-of-way which equals 2.27 acres. The
property is located at 6795 & 7755 Oregon Road, approximately 1,481 ft. west of Duck
Pond Road, in Cutchogue. SCTM#1000-95-1-7.2 & 8.3
Martin Sidor: Mr. Vice-Chairman I offer the following:
Southold Town Planning Board Fags: 112 August 14, 2017
WHEREAS, this proposal is for a 75/75 split cluster Conservation Subdivision
subdividing two adjacent R-80 and AC split-zoned parcels, SCTM#1000-95-1-8.3 (54.24
acres) and SCTM#1000-95-1-7.2 (30.49 acres) totaling 84.72 acres into 8 lots where:
Lot 1 equals 4.38 acres; Lot 2 equals 37.72 acres upon which development rights are
,proposed to be sold to Suffolk County; Lot 3 equals 22.08 upon which development
rights are proposed to be sold to Suffolk County; Lot 4 equals 1.64 acres; Lot 5 equals
3.93 acres, Lot 6 equals 2.21 acres; Lot 7 equals 3.84 acres and Lot 8 equals 4.48
acres and a proposed right-of-way which equals 2.27 acres, and
WHEREAS, this application is a reduced density conservation subdivision with a split
cluster design and reducing the permissible yield of 10 lots to 8 lots; and
WHEREAS, on September 10, 2015, the agent submitted a Sketch Plan Application and
fee in the amount of$2,950.00 with other required materials for submission pursuant to
Article V Sketch Plat Review; and
WHEREAS, on October 19, 2015, the Planning Board reviewed the application at their
Work Session and found the application incomplete with items to be submitted; and
WHEREAS, on November 26, 2106 the Planning Department contacted the Southold
Board of Trustees to verify the top of bluff on the property; and
WHEREAS, on December 12, 2016 the Southold Board of Trustees attempted to
inspect the accuracy of the top of bluff line, however, access to the area was impossible
and surveyors paths were requested; and
WHEREAS, on January 1, 2017 the agent-submitted a revised Sketch Plan Application
to reflect the 75/75 Conservation Subdivision together with certificates of occupancy,
property cards and deeds for the parcels; and
WHEREAS, at their January 9, 2017 Work Session, the Planning Board reviewed the
application and required clarification in regards to specific items required for application
completeness; and
WHEREAS, at their February 27, 2017 Work Session, the Planning Board reviewed the
application design and required items for application completeness; and
WHEREAS, on July 12, 2017 the agent submitted revised maps for Planning Board
review; and
WHEREAS, on August 3, 2017, the Southold Board of Trustees submitted a letter
verifying the top of bluff from their March 16, 2017 inspection to the Planning Board and
indicated that the line on the Sketch Plan dated November 7, 2016 accurately reflects
the top of bluff with the exception of one area on Lot 6 where the line is to be moved to
54' contour; and
Southold Town Planning Board P 0 e 113 August 14, 2017
WHEREAS, at their August 14, 2017 Work Session, the Southold Town Planning Board
reviewed the application for completeness and design and found that the submitted
application meets all the requirements for Sketch Approval pursuant to Article V Sketch
Plat Review of the Town Code; therefore be it
RESOLVED, that the Southold Town Planning Board hereby grants Conditional
Sketch Plan Approval upon the map entitled 75/75 Clustered Conservation
Subdivision Big Bing", dated January 18, 2016 and last revised June 14, 2017, prepared
by David H. Fox, Licensed Land Surveyor, with the following conditions:
1. Contact and attain approval from the Superintendent of Highways for the proposed
25' right of way pursuant to §161-15 A. The Planning Department will submit the
request.
§161-15 A Note 5. When development meets the minimum criteria for conservation
subdivisions under Chapter 240, Subdivision of Land, the Planning Board may, with
the approval of the Superintendent of Highways, approve a minimum right-of-way
width of not less than 25 feet.
2. Provide documentation proving Lot Recognition from Building Department pursuant
to §280-9 Lot recognition of the Southold Town Code. Provide an explanation for
the differences in tax map numbers for 1000-95.-1-8.1 (shown on plat) vs.1000-95.-
1-8.3.
The plan references the involved parcel as 1000-95.-1-7.2 and 1000-95.-1-8.1, while
the tax map, town property cards and filed deeds references the parcels as 1000-
95.-1-7.2 and 1000-95.-1-8.3. The residential lot at the south end of the 8.3 parcel is
tax map number 1000-95-1-8.2. This lot was transferred as 1 acre and house in
1979.
i. Submit a Certificate of Occupancy (or pre-c.o.) for the cottage.
3. Revise the plat entitled 75/75 Clustered Conservation Subdivision for Big Bing"
dated as last revised 6/14/2017 to reflect the following:
i. The Tax Map and filed deed with Suffolk County refer to tax map 1000-95-1-
8.3. The plat references the parcel as 1000-95-1-8.1.
It is recommended that the tax map number be verified and amended to match
the Tax Map and recorded deeds.
ii. Provide clarification for the discrepancy in area for the proposed private road.
Page 1 of 2 reads 99,247 sq. ft., while sheet 2 of 2 reads 101,044 sq. ft.
iii. Provide setback distances for all building envelopes. Side yards should total
45'.
Southold Town Planning Board g fe 114 August 14, 2017
iv. Amend the top of bluff line on Lot 6 to follow the 54' contour and recalculate
areas.
v. Revise easement to water access on Lot 5 to 10' wide with a 4' wide pervious
path. The plan shows a 4' proposed easement. The Planning Board required a
single common access to the Long Island Sound, provide explanation for the 4'
wide easement between Lots 6 and 7.
vi. All seaward land areas of the Coastal Erosion Hazard line are unbuildable.
Recalculate unbuildable land area-after the top of bluff line has been corrected.
vii. Show clearing limits on each residential lot pursuant to Chapter 240.
Subdivision of Land Article XIII. Preservation of Natural Features § 240-49.
Clearing.
viii. Meet all Chapter 240. Subdivision of Land Article VII. Final Plat Review § 240-
21. Technical requirements.
4. Submit a Full Environmental Assessment Form as required by SEQRA, including
estimated irrigation in gallons per minute and sanitary flow in gallons per day. Verify
if 14 acres of vegetation will be cleared.
5. Submit proof of contract of Development Rights sale to Suffolk County to this office.
Pierce Rafferty: Second.
Vice-Chairman Rich: Motion made by Martin, seconded by Pierce. Any discussion? All
in favor?
Ayes.
Opposed?
None.
Motion carries.
Conditional Final Plat Determinations:
Vice-Chairman Rich: Noone, Margaret- This proposal is for a 2-lot Standard
Subdivision of a 21,016 sq. ft. parcel where Lot 1 = 10,501 sq. ft. and Lot 2 = 10,515 sq.
ft. in the R-40 & B Zoning Districts. The property is located at 210 Sigsbee Road, on the
west side of Sigsbee Road, 164' south of Main Road, in Mattituck. SCTM#1000-143-1-
4.1
Pierce Rafferty: Mr. Vice-Chairman I offer the following:
Southold Town Planning Board P a g 3 115 August 14, 2017
WHEREAS, this proposal is for a standard 2-lot subdivision of a 21,000 sq. ft. parcel
where Lot 1 = 10,501 sq. ft. and Lot 2 = 10,500 sq. ft. in the R-40 & B Zoning Districts;
and
WHEREAS, the proposed lot sizes are below the minimum required in the zoning
district; and
WHEREAS, the Zoning Board of Appeals granted an Area Variance on March 13, 2008
(reference ZBA#6107); and
WHEREAS, on January 2, 2010, a Sketch Plan application was submitted; and
WHEREAS, on March 28, 2011, the Southold Town Planning Board reviewed the
application and found it complete; and
WHEREAS, on April 11, 2011, the Southold Town Planning Board granted Sketch Plan
Approval upon the map entitled "Minor Subdivision Map Prepared for Margaret A. &
Thomas E Noone, Mattituck", dated March 27, 2009 and last revised December 1, 2010
prepared by Nathan Taft Corwin, III, Land Surveyor; and
WHEREAS, on April 11, 2011, the Southold Town Planning Board waived the
requirement to submit an Existing Resource Site Analysis Plan (ERSAP), and the
Primary and Secondary Conservation Area Plan and required the applicant to submit
the remaining fee of$1,250 for a Standard Subdivision Sketch Plan Application; and
WHEREAS, on May 21, 2012, the applicant requested by letter an extension of the
Sketch Approval granted April 11, 2011; and
WHEREAS, on June 5, 2012, the Southold Town Planning Board granted an extension
of Sketch Approval set to expire December 4, 2012; and
WHEREAS, on June 15, 2012, the applicant submitted the remaining $1,250.00 in
Sketch Plan Application fees; and
WHEREAS, on June 18, 2012, the Southold Town Planning Board accepted the
comments of the Office of the Town Engineer that the proposed drainage did not
comply with Chapter 236 of the Southold Town Code; and
WHEREAS, on December 5, 2012, the applicant requested by letter an extension of the
Sketch Approval granted April 11, 2011; and
WHEREAS, on December 18, 2012, the Southold Town Planning Board granted an
extension of Sketch Approval set to expire June 4, 2013 and
WHEREAS, on June 11, 2015, the applicant requested by letter an extension of the
Sketch Approval granted April 11, 2011; and
Southold Town Planning Board F -, 0 _ 16 August 14, 2017
WHEREAS, on June 11, 2015, the Planning Board received a plat titled "Standard
Subdivision Preliminary Plan Prepared For Margaret and Thomas E. Noone" with a
Suffolk County Department of Health Services EXEMPT stamp pursuant to Article 6 of
Suffolk County Sanitary Section 760-0093-4, and
WHEREAS, on July 7, 2015, the Southold Town Planning Board granted an extension
of Sketch Approval from June 4, 2013 to January 1, 2016; and
WHEREAS, on July 9, 2015, the Southold Town Planning Board found the Preliminary
Plat application incomplete and required the submission of 11 paper copies; and
WHEREAS, on July 31, 2015, the applicant submitted 11 paper copies of the
Preliminary Plat; and
WHEREAS, on August 19, 2015, the application was found complete; and
WHEREAS, on August 31, 2015, the Planning Board determined that the action was an
Unlisted Action under SEQRA; and
WHEREAS, on September 21, 2015, the Office of the Town Engineer responded to the
Board's referral request; and
WHEREAS, on September 23, 2015, the agent submitted a Long Environmental
Assessment Form; and
WHEREAS, on September 28, 2015, the Suffolk County Planning Commission
responded to the Board's referral request; and
WHEREAS, on September 28, 2015, the Mattituck Fire District responded to the
Board's referral request; and
WHEREAS, on October 5, 2015, the Preliminary Plat Public Hearing was held and
closed; and
WHEREAS, on November 2, 2015, the Southold Town Planning Board reviewed the
referral responses from the LWRP, Office of the Town Engineer, SCPC, Mattituck Fire
District, NYSDEC, and SCDHS; and
WHEREAS, on December 7, 2015, pursuant to the State Environmental Quality Review
Act (SEQRA) 6 NYCRR, Part 617 the Planning Board, at their Public Meeting, issued a
Negative Declaration; and
WHEREAS, on February 23, 2016, the applicant submitted 7 copies of the revised
Preliminary Plat map; and
WHEREAS, on March 21, 2016, the Planning Board reviewed the revised Preliminary
Plat maps and agreed to issue a Preliminary Plat Determination at the April 4, 2016
meeting; and
Southold Town Planning Board Page 1 17 August 14, 2017
WHEREAS, on April 4, 2016, the Planning Board found the action Consistent with the
LWRP; and
WHEREAS, on April 4, 2016, the Southold Town Planning Board granted Conditional
Preliminary Plat Approval upon the map entitled "Standard Subdivision Preliminary Plan
prepared for Margaret A. and Thomas E. Noone", dated March 27, 2009 and last
revised February 2, 2016, prepared by Nathan Taft Corwin III, Land Surveyor; and
WHEREAS, on July 19, 2016, the applicant requested by letter that the Board waive the
required concrete monument on the southwest corner of proposed Lot 1; and
WHEREAS, on August 12, 2016, the Board denied the waiver requested for the
concrete monument on proposed Lot 1; and
WHEREAS, on October 11, 2016, the applicant installed the required concrete
monument; and
WHEREAS, on December 6, 2016, the applicant requested an extension of the
Conditional Preliminary Plat Approval granted on April 4, 2016; and
WHEREAS, on January 10, 2017, the Planning Board granted an extension of the
Conditional Preliminary Plat Approval from October 4, 2016 to April 4, 2017; and
WHEREAS, on January 10, 2017, the applicant submitted a Final Plat application and
fee in the amount of$500; and
WHEREAS, on January 10, 2017, the applicant submitted a check in the amount of
$7,000.00 for payment of the Park and Playground Fee, and
WHEREAS, on April 26, 2017, the Planning Board found the Final plat application
incomplete and required items be submitted; and
WHEREAS, on May 1, 2017, the applicant submitted revised Final Plat maps and
Covenants and Restrictions; and
WHEREAS, on May 1, 2017 the applicant submitted a check in the amount of$4,000.00
for the Administrative Fee, and
WHEREAS, on May 19, 2017, the Planning Board requested additional information
regarding the SCDHS exemption stamp on the plat titled, "Standard Subdivision
Preliminary Plan Prepared for Margaret A and Thomas E. Noone" last revised
December 5, 2014; and
WHEREAS, on May 25, 2017, the applicant provided justification for the SCDHS
exemption stamp by email; and
Southold Town Planning Board P :< a 118 August 14, 2017
WHEREAS, on June 5, 2017 the Planning Board found the Final Plat Application
complete; and
WHEREAS, on June 12, 2017 Covenants and Restrictions were filed with the office of
the Clerk of the County of Suffolk under Liber D00012916 and Page 23;
WHEREAS, on July 11, 2017, the Southold Town Planning Board granted a waiver of
the Final Plat hearing on the application with consideration for a Conditional Final Plat
Approval at the August 14, 2017 meeting; and
WHEREAS, all requirements of Chapter 240 Subdivision of Land, Article VII: Final Plat
Review have been met; be it therefore
RESOLVED, that the Southold Town Planning Board hereby waives, pursuant to §240-
24 of the Southold Town Code, the Final Plat Public Hearing, on the basis that there
were no substantive changes to the Final Plat.
Martin Sidor: Second.
Vice-Chairman Rich: Motion made by Pierce, seconded by Martin. Any discussion? All
in favor?
Ayes.
Opposed?
None.
Motion carries.
Pierce Rafferty: And be it further
RESOLVED, that the Southold Town Planning Board hereby grants Conditional Final
Plat Approval upon the maps entitled Standard Subdivision Final Plat Prepared For
Margaret A. & Thomas E. Noone prepared by Nathan Taft Corwin III, Land Surveyor
last revised April 27, 2017, subject to the following conditions:
1. Submit to the Town Planning Department twelve (12) paper copies and four
(4) Mylar copies of the Final Plat with a Suffolk County Department of Health
Services approval or exemption stamp. Currently the stamp is on the
Preliminary Plat.
2. Include notation for the Liber and Page of the filed covenants and restrictions
on the Final Plat.
Southold Town Planning Board Page 119 August 14, 2017
3. The Final Plat must be filed as a Subdivision Map and not a Miscellaneous
Map, and as such, it must meet all Subdivision Map Filing Requirements as
outlined by the Suffolk County Clerk's Office.,Please see the following link to
their website for all requirements:
http://www.suffolkcountyny.gov/Departments/CountyClerk/Maps/SubdivisionM
ap aspx
Martin Sidor: Second.
Vice-Chairman Rich: Motion made by Pierce, seconded by Martin. Any discussion? All
in favor?
Ayes.
Opposed?
None.
Motion carries.
Final Plat Determination:
Vice-Chairman Rich: Martz, Theodore C., Jr. - This proposal is for a Standard
Subdivision of a 1.62 acre parcel into two lots where Lot 1 equals 0.71 acres and Lot 2
equals 0.92 acres, located in the R-40 Zoning District. The Zoning Board of Appeals
granted an Area Variance to allow for Lot 1 to be less than 40,000 sq. ft. The property is
located at 555 Broadwaters Road, approximately 80' west of Wunneweta Road,
Cutchogue. SCTM#1000-104-12-6.1
Martin Sidor: Mr. Vice-Chairman I offer the following:
WHEREAS, this proposal is for a Standard Subdivision of a 1.62 acre parcel into two
lots where proposed Lot 1 equals 0.71 acres and proposed Lot 2 equals 0.92 acres,
located in the R-40 Zoning District. The Zoning Board of Appeals granted an Area
Variance to allow for Lot 1 to be less than 40,000 sq. ft.; and
WHEREAS, on April 2, 2015 the Town of Southold Zoning Board of Appeals decision
#6844 granted approval for additions and alterations to,an existing building to create a
single family dwelling and split an existing improved 71,038 sq. ft. lot into two lots where
Lot 1 would equal 30,940 sq. ft. with a lot depth of 161 ft. and Lot 2 would conform to
the Bulk Schedule with a front yard setback of 35.6 ft. subject to the following
conditions:
Southold Town Planning Board Page 120 August 14, 2017
1. The applicant shall provide a 20 foot natural and undisturbed buffer of 170 feet
on the east and west property lines and a 30 foot natural and undisturbed buffer
along the entire southern property line which will remain in perpetuity.
2. The applicant shall bring the cottage on proposed lot#2 into conformance with
the Town Code definition of a dwelling consisting of a minimum of 850 square
feet of living area.
3. The applicant shall secure subdivision approval from the Town Planning
Board.
4. That the above conditions be written into the Building Inspector's Certificate of
Occupancy, when issued; and
WHEREAS, in a June 18, 2015 letter the Southold Town Planning Board had agreed to
waive the Existing Resource Site Analysis Plan and Primary & Secondary Conservation
Area Plan; and
WHEREAS, on November 2, 2015 the Southold Town Planning Board recognized the
applicants intent to using code section 280-124 nonconforming lots 20,000 sq. ft. to
39,999 sq. ft. (proposed Lot 1) and 40,000 sq. ft. to 59,999 sq. ft. (Proposed Lot 2) to
establish the following setbacks
• Lot 1 or 20,000 sq. ft. to 39,999 sq. ft.
o Front Yard: 40ft.
o Side Yard: 15ft.
o Both Side Yards: 35ft.
o Rear Yard: 50ft.
• Lot 2 or 40,000 sq. ft. to 59,999 sq. ft.
o Front Yard: 50ft.
o Side Yard: 20ft.
o Side Yards: 40ft.
o Rear Yard: 60ft; and
WHEREAS, on December 7, 2015, the Southold Town Planning Board issued a
Negative Declaration on the action pursuant to the State Environmental Quality Review
Act (SEQRA) 6 NYCRR, Part 617; and
WHEREAS, on March 7, 2016 the Southold Town Planning Board determined that this
proposed action is Consistent with the policies of the Town of Southold Local Waterfront
Revitalization Program; and
WHEREAS, on March 7, 2016, the Southold Town Planning Board granted Conditional
Preliminary Plat Approval upon the map entitled "Preliminary Land Division At
Southold Town Planning Board Page 1 21 August 14, 2017
Broadwaters", dated April 30, 2007 and last revised December 15, 2015, prepared by
Kenneth M. Woychuck Land Surveyor, with conditions; and
WHEREAS, on June 7, 2016 the applicant submitted a Final Plat Application; and
WHEREAS on June 20, 2016, the Final Plat Application was found to be complete; and
WHEREAS, on July 12, 2016 the Southold Town Planning Board found that the
proposed subdivision plat presents a proper case for requiring a park suitably located
for recreational purposes, but that a suitable park cannot be properly located 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; and
WHEREAS on April 10, 2017 the Southold Planning Board accepted the draft bond
estimate dated January 24, 2017 in the amount of$6,425.00; and
WHEREAS, pursuant to §240-37 Administration fee; an administration fee in the
amount of$4000.00 is required; and
WHEREAS, on April 10, 2017 a Public Hearing on the Final Plat was held; and
WHEREAS, on May 8, 2017 a Public Hearing on the Final Plat was closed; and
WHEREAS, the Southold Town Planning Board has accepted the existing trees on Lot
1 as fulfilling the street tree requirements pursuant to §161-44 Street trees of the
Southold Town code. The trees are located within the area that must not be cleared,
and are identified on the Final Plat and Final Road & Drainage Plan; and
WHEREAS on June 28, 2017 the applicant submitted a check (#5924) in the amount of
$7,000.00 for the park and playground fee, a check (#5925) in the amount of$4,000.00
for the administrative fee and a check (#5926) in the amount of$6,425.00 for the
Performance Guarantee; and
WHEREAS, on June 28, 2017, the applicant submitted copies of Declaration of
Covenants and Restrictions, Liber D00012918 and Page 454 and Common Driveway
Easement, Liber D00012918 and Page 455, filed with the Office of the Suffolk County
Clerk; and
WHEREAS on August 8, 2017, the applicant submitted eleven copies of the Final Plat
with a Suffolk County Department of Health approval (Exempt Stamp) titled Final Plat
Land Division at Broadwaters dated April 30, 2007 and;last revised June 26, 2017 and
thirteen copies of the Final Road and Drainage Plans dated April 30, 2017 and last
revised July 31, 2017 and five Mylars; and
WHEREAS, pursuant to §240-10 Technical Requirements, MIFDU regulations are not
applicable to this two lot subdivision; and
Southold Town Planning Board Page 122 August 14, 2017
WHEREAS, the Southold Town Planning Board has found that, all items pursuant to
§240-20 Submission of Final Plat have been met; and
i
WHEREAS, , the Southold Town Planning Board, pursuant to Town Code §240-56,
Waivers of Certain Provisions, may waive certain elements of the subdivision review if
in its judgment they are not requisite in the interest of the public health, safety and
general welfare. After reviewing the information submitted for this application, the
Planning Board has determined that it is eligible for a waiver of the Environmental
Resources Site Analysis Plan (ERSAP), the Primary and Secondary Conservation Area
Plan subdivision process for the following reason:
1. Both lots 1 and 2 are improved; therefore be,it
RESOLVED, that the Southold Town Planning Board hereby waives the requirements of
Town Code §240 to submit the ERSAP, Primary and Secondary Conservation Plans.
Pierce Rafferty: Second.
Vice-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 hereby accepts the cash payment
in the amount of$6,425.00 (check #5926) dated June 28, 2017 for the Performance
Guarantee and recommends same to Town Board.
Pierce Rafferty: Second.
Vice-Chairman Rich: Motion made by Martin, seconded by Pierce. Any discussion? All
in favor?
Ayes.
Opposed?
None.
Southold Town Planning Board F au ,:, 23 August 14, 2017
Motion carries.
Martin Sidor: And be it further
j
RESOLVED, that the Southold Town Planning Board hereby grants Final Plat
Approval upon the maps entitled Final Plat Land Division at Broadwaters dated April
30, 2007 and last revised June 26, 2017, prepared by, Kenneth M. Woychuck, Land
Surveyor and Final Road and Drainage Plan at Broadwaters dated April 30, 2017 and
last revised July 31, 2017.
Pierce Rafferty: Second.
Vice-Chairman Rich: Motion made by Martin, seconded by Pierce. Any discussion? All
in favor?
Ayes.
Opposed?
None.
Motion carries.
Re-issuance of Final Plat Determination:
Vice-Chairman Rich: Stanton, Phil & Jennifer - This proposal is a Standard
Subdivision of a 5.32 acre parcel into three lots where Lot 1 equals 2.45 acres, Lot 2
equals 1.25 acres, and Lot 3 equals 1.63 acres in the R-40 Zoning District. The property
is located at 845 Maple Avenue, at the end of Maple Avenue approximately 679 feet
south of Route 25, in Southold. SCTM#1000-64-1-29
Pierce Rafferty:
WHEREAS, this proposal is a Standard Subdivision of;a 5.32 acre parcel into three lots
where Lot 1 equals 2.45 acres, Lot 2 equals 1.25 acres, and Lot 3 equals 1.63 acres,
located in the R-40 Zoning District; and
WHEREAS, on May 9, 2017 the Southold Town Planning Board granted Final Plat
Approval upon the map entitled "Final Plat for the Standard Subdivision of Philip and
Jennifer Stanton" dated July 16, 2008 and last revised January 4, 2017, prepared by
David Saskas, Licensed Land Surveyor; and
WHEREAS, the Suffolk County Clerk's Office required,the applicant to revise the Final
Plat to comply with legibility requirements; and
Southold Town Planning Board P g 124 August 14, 2017
WHEREAS, on July 14, 2017, the applicant submitted a revised Final Plat and
requested the revised Plat be endorsed by the Chairman for filing; and
WHEREAS, before the Chairman may endorse the revised Final Plat, the Planning
Board must formally approve the Final Plat for a second time due to the expiration of the
sixty two day deadline to file,the plat with the Suffolk County Clerk's Office which
occurred on July 10, 2017, causing the original Final Plat Approval to be null and void
pursuant to §276 of the New York State Town Law; therefore be it,
RESOLVED, that the Southold Town Planning Board grants Final Plat Approval upon
the map entitled "Final Plat for the Standard Subdivision of Philip and Jennifer Stanton"
dated July 16, 2008 and last revised January 4, 2017, prepared by David Saskas,
Licensed Land Surveyor, and authorizes the Chairman to endorse the map.
Martin Sidor: Second.
Vice-Chairman Rich: Motion made by Pierce, seconded by Martin. Any discussion? All
in favor?
Ayes.
Opposed?
None.
Motion carries.
Rescind Resolution to Proceed with Site Work:
Vice-Chairman Rich: The Estates at Royalton - This'proposal is for a Standard
Subdivision of a 36.9 acre parcel into 12 lots where Lots 1-11 equal 0.7 acres, and Lot
12 equals 12 acres, located in the A-C Zoning District. This subdivision includes 15.2
acres of open space and 1.7 acres for a proposed road. The property is located at 55
Cox Neck Road, approximately 490 feet north of Sound Avenue, Mattituck.
SCTM#1000-113-7-19.23
Martin Sidor: Mr. Vice-Chairman I offer the following
WHEREAS, this proposal is for a Standard Subdivision' of a 36.9 acre parcel into 12 lots
where Lots 1-11 equals 0.7 acres, and Lot 12 equals 12 acres, located in the A-C
Zoning District. This subdivision includes 15.2 acres of:open space and 1.7 acres for a
proposed road; and
WHEREAS, on November 28, 2016, the Southold Planning Board granted Conditional
Final Plat Approval to this application; and
Southold Town Planning Board Page 125 August 14, 2017
WHEREAS, on March 3, 2017 a request was submitted by the Applicants' agent Steven
Libretto requesting to begin road and drainage work prior to Final Plat Approval of the
subdivision; and
WHEREAS on April 10, 2017 the Southold Planning Board adopted a resolution
allowing the applicant to undertake certain on-site road,and drainage improvements
prior to Final Plat Approval after the applicant met certain conditions outlined in the
resolution; and
WHEREAS, the applicant failed to comply with a condition requiring the applicant to
provide proof that all construction materials, structures and recycled concrete aggregate
had been removed from the Open Space areas prior to'beginning the aforementioned
improvements; and
WHEREAS, the Planning Board has determined that the applicant has engaged in
activities at the subject property in violation of the aforementioned April 10, 2017
Planning Board Resolution; therefore be it
RESOLVED, that the April 10, 2017 resolution allowing the applicant to perform certain
site improvements prior to Final Plat Approval is hereby RESCINDED.
Pierce Rafferty: Second.
Vice-Chairman Rich: Motion made by Martin, seconded by Pierce. Any discussion? All
in favor?
Ayes.
Opposed?
None.
Motion carries.
BOND DETERMINATIONS
Accept Performance Guarantee:
Vice-Chairman Rich: The Estates at Royalton -This proposal is for a Standard
Subdivision of a 36.9 acre parcel into 12 lots where Lots 1-11 equal 0.7 acres, and Lot
12 equals 12 acres, located in the A-C Zoning District. This subdivision includes 15.2
acres of open space and 1.7 acres for a proposed road. The property is located at 55
Cox Neck Road, approximately 490 feet north of Sound Avenue, Mattituck.
SCTM#1000-113-7-19.23
Pierce Rafferty: Mr. Vice-Chairman I offer the following
Southold Town Planning Board = u 26 August 14, 2017
WHEREAS, this proposal is for a Standard Subdivision of a 36.9 acre parcel into 12 lots
where Lots 1-11 equals 0.7 acres, and Lot 12 equals 12 acres, located in the A-C
Zoning District. This subdivision includes 15.2 acres ofiopen space and 1.7 acres for a
proposed road; and
WHEREAS, on April 11, 2017 the Southold Town Planning Board accepted the Bond
Estimate for The Estates at Royalton dated September,8, 2016 in the amount of
$314,870.00, and
WHEREAS, on April 27, 2017, the Town of Southold received and Irrevocable Standby
Letter of Credit ("ISLC") in the amount of three hundred fourteen thousand eight
hundred seventy dollars ($314,870.00) dated April 26, 2017 from Bank of America on
behalf of the Applicant, 55 Cox Neck Road Realty, LLC,, and
G
WHEREAS, pursuant to the terms of the ISLC, the ISLC is valid until February 28, 2018
and shall be renewed on a yearly basis unless the Town is receives written notice, at
least 45 days prior to the expiration date, that Bank of America has elected not extend
the letter of credit; therefore be it
RESOLVED, that the Southold Town Planning Board hereby accepts the Irrevocable
Standby Letter of Credit issued by Bank of New York N. A. dated April 26, 2017 in the
amount of$314,870.00 and recommends that the Town Board also accept the ISLC.
Martin Sidor: 'Second.
Vice-Chairman Rich: Motion made by Pierce, seconded by Martin. Any discussion,? All
in favor?
Ayes.
Opposed?
None.
Motion carries.
Pierce Rafferty: And be it further
RESOLVED, that the Applicant shall take all steps necessary to ensure that the
aforementioned ISLC remains in effect and is auto-renewed until final inspection and
sign off of all road and drainage improvements specified in the Bond Estimate dated
September 8, 2016 by the Town Engineer.
Martin Sidor: Second.
Vice-Chairman Rich: Motion made by Pierce, seconded by Martin. Any discussion? All
in favor?
Southold Town Planning Board Page 127 August 14, 2017
Ayes.
Opposed?
None.
Motion carries.
SITE PLANS - STATE ENVIRONMENTAL QUALITY REVIEW ACT
SEQRA Type Classifications/ Set Hearings:
Vice-Chairman Rich: Front Street Professional Office - This proposed site plan
application is to demolish an existing two story dwelling and construct a 5,804 gross sq.
ft. one story professional office building, full basement and 16 parking stalls on 0.8
acres in the Residential Office (RO) Zoning District. The property is located at 75795
Route 25, Greenport. SCTM#1000-45-7-5.3
Pierce Rafferty: Mr. Vice-Chairman I offer the following
WHEREAS, this proposed site plan application is to demolish an existing two story
dwelling and construct a 5,804 gross sq. ft. one story professional office building, full
basement and 16 parking stalls on 0.8 acres in the Residential Office (RO) Zoning
District; 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 any of the thresholds of a Type I Action,
nor does it meet any of the criteria on the Type II list of actions; 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.
Martin Sidor: Second.
Vice-Chairman Rich: Motion made by Pierce, seconded by Martin. Any discussion? All
in favor?
Ayes.
Opposed?
None.
Motion carries.
Southold Town Planning Board F j128 August 14, 2017
Pierce Rafferty: And be it further
RESOLVED, that the Southold Town Planning Board sets Monday, September 11,
2017 at 6:02 p.m. for a Public Hearing regarding the;Site Plan entitled "820 Front
Street LLC' prepared by Charles W. Southard, R.A., dated May 17, 2017 and last
revised July 31, 2017.
Martin Sidor: Second.
Vice-Chairman Rich: Motion made by Pierce, seconded by Martin. Any discussion? All
in favor?
Ayes.
Opposed?
None.
Motion carries.
Vice-Chairman Rich: Tenedios Agricultural Barn - This Agricultural Site Plan is for a
proposed one story 8,664 sq. ft. building to house livestock (goats, sheep & chickens)
and store feed, supplies and farm equipment on a 34.5 acre farm, of which 29.5 acres
have development rights held by Southold Town and 5:acres have development rights
intact in the R-200 Zoning District. The property is located at 28410 Route 25, Orient.
SCTM#1000-19-1-1.4 & 1.3
Martin Sidor: Mr. Vice-Chairman I offer the following
WHEREAS, this Agricultural Site Plan is for a proposed one story 8,664 sq. ft. building
to house livestock (goats, sheep & chickens) and store,feed, supplies and farm
equipment on a 34.5 acre farm, of which 29.5 acres have development rights held by
Southold Town and 5 acres have development rights intact in the R-200 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)(3) agricultural farm management practices, including construction,
maintenance and repair of farm buildings and structures, and land use changes
consistent with generally accepted principles of farming. The action is for the
construction of a one story 8,664 sq. ft. building to house livestock (goats, sheep &
chickens) and store feed, supplies and farm equipment; be it therefore
RESOLVED, that the Southold Town Planning Board has determined that this proposed
action is a Type 11 Action under SEQRA as described ;above.
Southold Town Planning Board P c q e 129 August 14, 2017
Pierce Rafferty: Second.
Vice-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 sets Monday, September 11,
2017 at 6:03 p.m. for a Public Hearing regarding the Site Plan entitled "Tenedios
Farm", prepared by Jeffrey T. Butler P.E., dated March 22, 2017.
Pierce Rafferty: Second.
Vice-Chairman Rich: Motion made by Martin, seconded by Pierce. Any discussion? All
in favor?
Ayes.
Opposed?
None.
Motion carries.
SITE PLANS
Determinations:
Vice-Chairman Rich: Heritage at Cutchogue (aka Harvest Pointe) - This proposed
Residential Site Plan is for the development of 124 detached and attached dwellings
classified in three types: 48 "Type A" units (1,999 +/- sq. ft. livable area), 72 "Type B"
units (1,599 +/- sq. ft. livable area) and 4 "Type "C" units (1,999 +/- sq. ft. livable area).
In addition, there are proposed the following: a 6,188 sq. ft. community center with an
outdoor swimming pool, one tennis court, 284 parking spaces of which 256 are
associated with the individual dwelling units and 28 are associated with the community
center, and various other associated site improvements, on a vacant 46.17-acre parcel
in the Hamlet Density (HD) Zoning District located on the n/w corner of Griffing Street
Southold Town Planning Board Page 130 August 14, 2017
and School House Road, approximately 1,079 feet n/o the Main Road, in Cutchogue.
SCTM#1000-102-1-33.3
Pierce Rafferty: Mr. Vice-Chairman I offer the following
WHEREAS, this proposed Residential Site Plan is for the development of 124 detached
and attached dwellings, with three base designs: 48 "Type A" units (1,999 +/- sq. ft.
livable area), 72 "Type B" units (1,599 +/- sq. ft. livable.area) and 4 "Type "C" units
(1,999 +/- sq. ft. livable area). In addition, there are proposed the following: a 6,188 +/-
sq. ft. clubhouse with an outdoor swimming pool, one tennis court, 289 parking spaces,
of which 248 are associated with the individual dwelling units and 41 are associated
with the clubhouse, and various other associated site improvements, on a vacant 45.99-
acre parcel in the Hamlet Density (HD) Zoning District located at 75 Schoolhouse Road,
at the northwest corner of the intersection of Griffing Street and Schoolhouse Road in
Cutchogue; and
WHEREAS, on November 7, 2016, the Planning Board granted Conditional Approval to
this Site Plan application; and
WHEREAS, on January 6, 2017, the applicant submitted revised plans; and
WHEREAS, on February 27, 2017, the revised plans were referred to the Office of the
Town Engineer for review and comment; and
WHEREAS, at their Work Session on February 27, 2017, the Planning Board reviewed
the revised plans and compared them with their conditional approval from November,
2016; and
WHEREAS, in a letter to the applicant's agent dated March 6, 2017, the Planning Board
required more information to be submitted to satisfy the conditional approval, and
agreed to modify several conditions; and
WHEREAS, on March 6, 2017, the applicant submitted; updated architectural drawings,
and on March 7 those drawings were referred to the Town Architectural Review
Committee; and
WHEREAS, on March 10, 2017, the applicant submitted a letter requesting permission
to begin Phase 1 tree clearing prior to Final Site Plan approval due to the condition that
no tree clearing be permitted between June 1 and July 31; and
WHEREAS, on March 13, 2017, the Planning Board received comments from the Office
of the Town Engineer on the revised plans; and
WHEREAS, in their letter dated March 15, 2017, the Planning Board required that
certain revised plans be submitted prior to their considering the request for tree clearing
prior to final site plan approval; and
Southold Town Planning Board Page 1 31 August 14, 2017
WHEREAS, on March 17, 2017 the revised plans were referred to the Cutchogue Fire
District for review and comments about emergency access and fire hydrant locations;
and
WHEREAS, on March 21, 2017 the applicant submitted a letter of water availability from
the Suffolk County Water Authority; and
WHEREAS, on March 27, 2017 the Planning Board received comments from the
Architectural Review Committee; and
WHEREAS, on March 28, 2017 the applicant submitted the revised plans required by
the Planning Board to be submitted prior to their considering the request for tree
clearing prior to Final Site Plan approval; and
WHEREAS, on April 5, 2017 the Planning Board received a Bond Estimate (aka
Performance Guaranty) from the Office of the Town Engineer; and
WHEREAS, on April_10, 2017, the applicant submitted ;a "Performance Bond and
Security Agreement" (the "Bond") and, as security therefor, a Savings Passbook in the
principal amount of$150,014.00; and
WHEREAS, at their meeting on April 10, 2017, the Planning Board approved the Bond
Estimate (aka Performance Guaranty), and the Bond in the amount of$150,014.00, as
well as the clearing of trees for'Phase 1 before Final Site Plan approval; and
WHEREAS, on April 11, 2017, the Town Board approved the Bond referenced above in
their Resolution No. 2017-340; and
WHEREAS, on April 13, 2017 the Planning Board received comments from the
Cutchogue Fire District that the revised plans were in accordance with their requests;
and
WHEREAS, the Planning Board completed their review of the site plans submitted on
January 6, 2017 and required corrections and revisions as outlined in their letter to the
applicant dated June 2, 2017; and
WHEREAS, on June 23, 2017, the applicant submitted;revised plans in digital format;
and
WHEREAS, the Planning Board reviewed the revised plans and required corrections
and revisions as outlined in their letter to the applicant dated June 28, 2017; and
WHEREAS, at their Work Session on June 19, 2017, the Planning Board received a
request from the applicant for the Planning Board to authorize the Heritage and its
contractors to commence steps 7, 8 and 9 of Phase I prior to Final Site Plan approval;
and
Southold Town Planning Board ; q w 132 August 14, 2017
WHEREAS, at their meeting on July 10, 2017, the Planning Board authorized the
Heritage to commence steps 7, 8 and 9 of Phase I prior to final site plan approval; and
WHEREAS, on August 3, 2017, the applicant submitted revised plans in digital format;
and
WHEREAS, the Southold Town Planning Board has reviewed the revised plans and
determined that they meet the Board's conditions, and ,that all applicable requirements
of the site plan regulations in Southold Town Code, Article XXIV, §280 Site Plan
Approval, have been met under the conditions listed below; therefore be it
RESOLVED, that the Southold Town Planning Board hereby grants Approval With
Conditions, listed below, of the residential site plan entitled "Harvest Pointe at
Cutchogue".(aka The Heritage at Cutchogue) prepared by VHB Engineering, Surveying
and Landscape Architecture, P.C., dated July 10, 2015, and last revised July 28, 2017,
and authorizes the Chairman to endorse the site plan after Condition I" below is met.
See attached list of plans included in the site plan:
Conditions:
1. Prior to the Chairman endorsing the site plans, the following must be completed:
a. Lighting Plan shall be submitted, reviewed and approved, including sign
lighting:
i. All exterior lights and their light measurements are to be shown on a
single page photometric plan;
b. Reduce the number of street lights by 11, leaving street lights at intersections,
road ends, median islands and parking lots;
c. Four paper copies of the final site plan and 611 related plans (see attached list)
shall be submitted;
d. Covenants & restrictions (C&R's) shall be finalized;
e. A copy of the C&R's and proof they were filed with the County Clerk shall be
submitted;
f. Submittal of the site plan with the approval stamp of the Suffolk County
Department of Health Services.
2. All aspects of the Project shall be constructed and maintained substantially in
accordance with the Site Plan including the architectural drawings, except where the
Site Plan is amended by a majority plus one vote of the Planning Board after a
Public Hearing.
Southold Town Planning Board Page 133 August 14, 2017
3. The site will be constructed in four phases according to the Construction Phasing
Plan, page PH-1.
4. The clubhouse, pool, and associated site work must be completed and a certificate
of occupancy for those amenities issued prior to certificates of occupancy being
issued for any residential units.
5. There shall be no more than 124 residential units. Accessory apartments are not
permitted.
6. Occupancy of all the residential units shall be' limited to persons of the age of 55
years or older; a spouse of any age, provided the spouse of such person resides in
the unit and is the age of 55 years or older; children.or grandchildren residing with a
permissible occupant, provided such children or grandchildren are 19 years of age
or older; and individuals, regardless of age, residing with and providing physical
support to a permissible occupant.
7. All buildings must be constructed and finished according to the architectural designs
and floor plans approved by the Planning Board.
8. No buildings shall be within 100 feet of the westerly,property line of the subject
property and no buildings shall be within 75 feet of the eastern property line.
9. Basements in the residential units on the Property:
a. shall not be used for habitable space; and
b. shall not have a ceiling height in excess of eight (8) feet; and
c. shall not have windows in excess of the minimum area required for
uninhabitable basements by applicable laws, regulations, and building and
fire codes.
10.The maximum total livable floor area for all residential units on the Property shall not
exceed 234,576 square feet. The Site Plan was approved with 219,076 square feet
of livable floor area, with an allowance of 125 square feet potential increase in each
unit with no expansion of the footprint. This condition does not preclude the applicant
from applying for an amendment to the site plan to add livable floor area in the form
of second floors on the one-story units, with no expansion of the footprints as shown
in the approved site plan, up to the amount in the Stipulation of Settlement (245,000
square feet). Any expansion must meet all other building codes and wastewater
regulations of the Suffolk County Department of Health Services. "Livable floor
area," for the purposes of this condition, is defined as all spaces within the exterior
walls of a dwelling unit, but shall not include community facilities, garages,
breezeways, unheated porches, cellars, heater rooms, and approved basements
having a window area of less than 10% of the square foot area of the room.
Southold Town Planning Board P a a 34 August 14, 2017
11.The maximum livable floor area in any one unit must not exceed 1,999 square feet,
except for minor increases in livable floor areas within existing structures of not more
than 125 square feet for any unit, so long as the total livable floor area on the
Property does not exceed 234,576 square feet. This condition does not preclude the
applicant from applying for an amendment to the site plan to add livable floor area in
the form of second floors on the one-story units, with no expansion of the footprints
as shown in the approved site plan, up to the amount in the Stipulation of Settlement
(245,000' square feet). Any expansion must meet all other building codes and
wastewater regulations of the Suffolk County Department of Health Services.
"Livable floor area," for the purposes of this condition, is defined as all spaces within
the exterior walls of a dwelling unit, but shall not include community facilities,
garages, breezeways, unheated porches, cellars, heater rooms, and approved
basements having a window area of less than 10%'of the square foot area of the
room.
12.There shall be no conversions of garages or screen porches on the Property to
livable floor area.
13.There shall be no additions to the residential units on the Property, except as set
forth in Paragraphs 10 and 11 above.
14.There shall be at least six different colors used for the exteriors of the residential
units in the development to provide variety in appearance.
15.The use of low-flow plumbing fixtures within the residential units and the community
building is required.
16.Prior to the certificates of occupancy being issued for residential units, all site work
and infrastructure servicing those units must be completed in accordance with the
approved site plan, and to the satisfaction of the Planning Board. Upon finding that
the work has been completed to their satisfaction, the Planning Board will submit a
memorandum to the Building Department with this information.
17.According to the Stipulation of Settlement, a total of$2,000,000.00 shall be payable
by the Declarant for all park, recreation area, affordable housing, professional, and
other fees associated with the Project, other than post-site plan building permit and
inspection fees, and 1/124 of the aforesaid $2,000,000.00 total fees shall be paid to
the Town of.Southold upon issuance of each certificate of occupancy for the 124
residential units included in the Project. Notwithstanding the foregoing, any balance
of the aforesaid $2,000,000.00 in fees that is not paid as of September 25, 2023
shall be paid in full on or before such date. These payments will be apportioned as
Park and Playground fees and payments in lieu of building Moderate Income Family
Dwelling units.
18.Prior to beginning Phases 2, 3 or 4, certificates of occupancy shall have been issued
for at least 75% of the units included in the prior phase.
Southold Town Planning Board Page 135 August 14, 2017
19.Limits of clearing will be established for each phase of development according to the
approved Construction Phasing Plan, and clearing shall occur only in the areas
identified within the limits of each phase. At the beginning of each phase of
development, the land area to be cleared will be marked prior to clearing, including
identifying the edge of the Natural Buffer as shown on the approved site plan, and
shall be inspected by the Planning Board or their designee, and the Office of the
Town Engineer prior to any land clearing. Preparations for all clearing must comply
with the requirements of the Storm Water Pollution Prevention Plan.
20.To minimize loss of Northern long-eared bat (Myotis septentrionalis), the following
actions shall be taken:
a. Trees capable of providing roosts outside the buffer shall be preserved to the
greatest extent practicable.
b. A wildlife biologist experienced with finding bats will be deployed on site prior
to any tree-clearing to search for any signs of bat roosting.
c. Tree removal will be avoided during the pup season from June 1 through July
31.
21.April 15 through October 15: Prior to beginning clearing of each phase, measures to
protect the Eastern Box Turtle must be taken. As a ',New York State-listed species of
Special Concern, the Eastern Box Turtle requires some measure of protection to
ensure that the species does not become threatened. Species of special concern
are protected wildlife pursuant to Environmental Conservation Law section 11-
0103(5)(c). To minimize the loss of Eastern Box Turtles, any clearing at the site
scheduled from April 15 through October 15 will be,preceded by wildlife surveys
following the protocol below:
a. Surveys for Eastern Box Turtles must be led by a herpetologist or wildlife
biologist with experience locating wild box turtles, and their qualifications
provided to the Planning Board for approval prior to the surveys being
conducted.
-b. The survey effort required must equal the following: area of impact x 4
person-hours/acre = total person-hours of survey effort
c. Timing of survey: `
i. The survey for Eastern Box Turtles must be conducted immediately
preceding clearing activity.
Southold Town Planning Board ki a, 136 August 14, 2017
ii. Surveys must be conducted at the time of day and during weather
conducive to peak activity for turtles, to the greatest extent practicable
and as advised by the herpetologist.
d. Prior to clearing, temporary barriers of wire-backed silt fencing shall be
installed around the limits of work and turtle surveys must be conducted.
e. Installation of the temporary barriers must minimize vegetation disturbance.
No clearing may occur outside the Limits of Work.
f. The bottom of the silt fencing must be buried;in a 4-inch deep trench. The
trench must be backfilled and compacted. If it is not possible to dig a trench,
then the bottom of the barrier must be affixed to the surface.
g. Once installed, the barrier shall be taut between the stakes. Slumps or loose
materials will undermine the effectiveness of 4he barrier. No hay bales or
other backing material shall be used.
h. The limits of work must be encircled completely by the silt fence to exclude
turtles from entering the area, but able to be opened for equipment,to go in
and out during working hours (and closed again at the end of the work day).
i. The barrier should be installed immediately prior to the required survey.
j. A person familiar with barrier maintenance shall inspect the barrier and
facilitate any repairs/alterations necessary to ensure the integrity of the
barrier.
k. Silt fence barriers may not be removed from the site until that phase of the
project is complete and is stabilized by vegetation.
I. Routine silt fence barrier maintenance is required during the Turtle Active
Season (April 1 st through October 31 st) — Once per month a person familiar
with barrier maintenance and installation shall inspect the barrier and facilitate
any repairs or alterations. The turtle barrier should remain taut between
stakes and any holes along the bottom repaired.
m. Outside the Turtle Active Season (November 1st through March 31st) -- If the
barrier has been left in place over the winter;months and construction is on-
going, a person familiar with barrier maintenance shall conduct an early
season inspection in late March or early April to facilitate any repairs or
alteration necessary for the barrier to function for turtle protection.
Southold Town Planning Board P 37 August 14, 2017
n. Any box turtles found during the search will be captured and relocated to an
undisturbed area on the property as far from,the proposed clearing as
possible.
o. Documentation of the dates, times, area covered, names and qualifications of
personnel involved, and results of the survey must be provided to the
Planning Department as soon as possible after completion.
22.To facilitate access for Eastern Box Turtles to the habitat reserved for them in the
two areas labeled Seed Mix C that are surrounded by curbing and sidewalk, add at
least two sections of flush curbing, each at two feet,in length, to each circle, the
location and design of which will be reviewed and approved by the Planning Board.
These are in addition to the handicap ramps where;turtles could also conceivably
gain access.
23.All clearing, grading and construction shall comply with Town Code Chapter 236
Stormwater Pollution Prevention regulations that requires all development to contain
storm water runoff on site. All drainage structures must be installed as approved and
any changes must be reviewed and approved by the Southold Town Office of the
Engineer.
24.Natural Buffer:
a. A minimum 50-foot buffer shall be maintained around the perimeter of the
property, as shown on the approved site plan. The main purpose of this buffer
is for substantial visual screening along the property lines to mitigate the
impacts to neighbors from this development including aesthetics and quality
of life. Other purposes of the buffer include all wind-break to help reduce soil
erosion, retain natural land and native vegetation for wildlife habitat, and to
help prevent stormwater runoff from leaving the site. This buffer is identified
on the site plan as "Natural Buffer."
b. Where the Natural Buffer does not provide substantial visual screening,
supplemental plantings must be made to the'buffer by planting enough
evergreens and other trees and shrubs to accomplish a dense double row of
evergreen vegetation. The supplemental plantings must be of native
evergreens transplanted from the interior of the property, as well as native
evergreens brought in from a nursery if needed to complete the visual
screening to the satisfaction of the Planning Board.
c. Between October 1, 2017, and June 1, 2018, supplemental plantings to the
buffer of native evergreens in Phase 1 must be done to accomplish the goals
stated above in a. and b. wherever the Natural Buffer is accessible.
Southold Town Planning Board 0 e 138 August 14, 2017
Supplemental plantings to the buffer of native evergreens in Phases 2-4 shall
be done during appropriate planting seasons during these later phases.
d. No clearing, grading or mowing may occur within the Natural Buffer area.
e. Removal of noxious, invasive plants and vines is permitted, but they must be
hand-pulled, hand-cut, or cut with machinery selective enough to keep nearby
native plants intact to the greatest extent practicable.
25.Existing native evergreens will be preserved and transplanted into and adjacent to
the buffers, and used in plantings throughout the site where possible.
26.Existing trees outside of the Natural Buffer with high wildlife value, such as oak
species with greater than seven inches diameter at breast height (dbh), will be
preserved to the extent practicable and where they will not interfere with necessary
grading and drainage. Trees and/or shrubs outside the Natural Buffer area that are
selected to be left in place shall be flagged and protected during construction. .
27.Nature trail: A nature trail, constructed of pervious material, must be installed and
maintained as shown on the approved plan.
28.Landscaping must be planted and maintained as detailed and shown on pages L-1
through L-6 of the approved site plan.
29.The emergency access to Bridle Lane shall not be used as a construction entrance
or for any other purpose other than emergency access in the case of an emergency,
and, once constructed, shall be closed with a gate at all times.
30.A gate at the entrance to the development is not permitted without prior approval by
the Planning Board after a Public Hearing.
31.The booth at the entrance shall not be staffed unless approved by the Planning
Board after a Public Hearing, except during construction.
32.Bike racks shall be provided at the community center and the tennis court.
33.Lighting:
a. All exterior lighting, including lighting on the residential units, shall comply
with the provisions set forth in Chapter 172 of the Town Code, and the
approved Lighting Plan for this site.
b. Any future exterior light fixtures not shown on the approved Lighting Plan
must be reviewed for compliance and approved by the Planning Board prior
to installation.
Southold Town Planning Board P ~; 39 August 14, 2017
c. No lights are permitted on the tennis court.
34.The Heritage at Cutchogue shall comply with Chapter 180 of the Town Code, entitled
Prevention of Noise, with the following additional requirements during construction:
a. Construction activities shall only occur from 7:00 a.m. to 6:00 p.m. on
weekdays and Saturdays.
b. No outdoor construction is permitted on Saturdays (only indoor construction)
from Memorial Day to Labor Day.
c. No construction activities are permitted on Sundays, year-round, and the
following holidays:
i. New Year's Day
ii. Memorial Day
iii. Independence Day (Fourth of July)
iv. Labor Day
v. Thanksgiving Day
vi. Christmas Day
35.The Heritage at Cutchogue, aka Harvest Pointe, must complete the off-site
improvements as detailed on page C-10 Off-site Improvement Plan.
36.The following signage must be installed at the expense of the Heritage at Cutchogue
prior to receiving building permits, except for item c. below, which is only required if
(1) such No Left Turn sign is approved by Town Board resolution and also by the
New York State Department of Transportation (NYSDOT) without requirement of
submission of a traffic study or intersection re-design plan, and (2) the requirement
of such sign will not delay implementation of the subject project:
a. Create a three-way stop intersection where the project driveway meets
Schoolhouse Road and Griffing Street. Stop signs will be installed so that all
traffic must stop at this intersection (as detailed on page C-10 of the site
plan). Approved by Town Board resolution #2017-533.
b. Replace the Yield sign at the end of Schoolhouse Road where it meets Depot
Lane with a Stop sign. Approved by Town Board resolution #2017-533.
Southold Town Planning Board P a c 4- 140 August 14, 2017
c. Install a No Left Turn sign at the end of Griffing Street where it meets State
Route 25. A Town Board hearing will be requested by the Planning Board
after approval of this resolution.
37.All construction activity must follow the guidelines of the approved Soil Management
Plan and Community Air'Monitoring Plan.
38.A Construction Traffic Management and Logistics Plan must be submitted twice a
year to the Planning Board (in December and May), to address and adapt to
changing conditions in the area over time (seasonal populations, increased traffic,
safety incidents (if any) and operation schedules of area schools) and address
community concerns (if any). The plan must include, at a minimum, the following:
a. A notice provided to all contractors and subcontractors accessing the site
about the following:
b. Area speed limits;
c. Public and private school safety zones;
d. Residential neighborhoods;
e. No access to or from site over Spur Road or Bridle Lane;
f. Days/hours of proposed construction activity;
g. Parking areas for workers and heavy vehicles;
h. Construction staging areas;
i. Measures to ensure protection of land and integrity of local roadways;
j. Construction Vehicle Route Designation;
k. Heritage at Cutchogue will propose a Construction Traffic Route to be
reviewed and approved by the Planning Board, with recommendations from
the Southold Town Transportation Commission..
39.All utilities must be underground.
40.No overnight parking in the streets due to their narrow width.
41.With respect to wastewater disposal from the Project:
a. the Project shall use innovative/alternative wastewater treatment systems that
have been approved under Suffolk County's Innovative and Alternative On-
Southold Town Planning Board =' a g e 141 August 14, 2017
Site Wastewater Treatment Systems (I/A OWTS) Program (a/k/a Article 19 of
the Suffolk County Sanitary Code);
b. the Project developer shall be responsible for continued successful operation
of the I/A OWTS systems on the Subject Property until such time as a
condominium owners association takes over the management of the
Property; and
c. an annual monitoring report shall be provided to the Planning Board to check
whether the level of nitrogen in the effluent remains at or below 19 mg/L, and
the duration and methodology of such annual reporting shall be determined in
conjunction with the 'Suffolk County Department of Health Services
("SCDHS").
42.Irrigation:
a. Overall water usage for irrigation shall not exceed an average of 25,000
gallons per day during the peak summer season -- May through October;
b. Drip irrigation systems shall be used for irrigation of plantings other than lawn
areas;
c. Soil moisture sensors shall be used to ensure irrigation is suspended during
times when enough rain has fallen that irrigation is not necessary;
d. Irrigation shall be conducted so that it occurs in phases on alternating days,
and the entire irrigated area is not irrigated at the same time; and
e. Water used for irrigation shall be drawn from separate wells, a sufficient
number of such wells shall be provided to avoid a cone of depression that
lowers the water table or upconing that results in salt water intrusion that
could affect the wells of neighbors, such wells shall be situated where they
will not affect the quality or quantity of water available from the private wells of
nearby residents or the Suffolk County Water Authority; and the pumps for
such wells shall not create noise that measures more than 50dB at the
nearest residential structure; and
f. All irrigation wells shall include a meter to monitor the use of water for
irrigation, a report of the number of gallons of water used each month for
irrigation shall be sent annually to the Planning Board.
43.The Open Space area is required to be at least 50% of the land area of this site, and
consists of a total of 23 acres, as shown on page OS-1 of the Site Plan. The
Southold Town Planning Board g C 142 August 14, 2017
permitted and prohibited uses in the open space are detailed in the covenants and
restrictions and in part on page L-1 of the site plan.
44.Any changes in the extent, height or materials to the existing fence along a portion of
the perimeter of the property require prior review and approval from the Planning
Board.
45.Solar panels are required to be provided on the clubhouse.
46.A first aid station is required to be provided in the clubhouse.
47.The final design of the Harvest Pointe sign at the entrance for the development will
require prior review and approval by the Planning Board for location and lighting,
and the Building Department for code compliance.
48.The fence around the tennis court will require review by the Building Department for
code compliance.
49.This site plan approval shall be valid for three (3) years from the date of this
approval, unless the Planning Board grants an extension.
50.Any changes from the approved site plan shall require Planning Board approval.
51.Prior to the issuance of the first residential unit's certificate of occupancy for each
phase of the project, the Planning Board must inspect the site to ensure it is in
conformity with the approved site plan and issue a final site inspection approval
letter. Should the site be found to not be in conformance with the Approved Site
Plan, no certificate of occupancy may be issued unless the Planning Board approves
the change.
Martin Sidor: Second.
Vice-Chairman Rich: Motion made by Pierce, seconded by Martin. Any discussion? All
in favor?
Ayes.
Opposed?
None.
Motion carries.
Southold Town Planning Board P a 143 August 14, 2017
Public Hearings Continued by Court Reporter Jessica DiLallo
PUBLIC HEARINGS
6:01 p.m. - Hazard, David & Barbara - This proposal is for a Standard Subdivision of a
5.14 acre parcel into two lots where Lot 1 = 2.47 acres inclusive of 0.03 acres of
wetlands and Lot 2 = 2.67 acres inclusive of 0.08 acres of wetlands located in the R-80
Zoning District. The property is located at 1465 Harbor Lane, in Cutchogue.
SCTM#1000-103-2-1
6:02 p.m. - Southold Gas Station & Convenience Store Site Plan and DEIS (Draft
Environmental Impact Statement) - This amended Site Plan is for the proposed
conversion of an existing 3,476 sq. ft. building (formerly for vehicle detailing, RV sales
and servicing) to a convenience store and vehicle fuel sales with: 6 fuel pumps (12
fueling stations), two canopies, one at 50' x 24' (1,200 sq. ft.) and the other at 50' x 50'
(2,500 sq. ft.) and 29 parking spaces on 1.46 acres in the General Business (B) Zoning
District. The property is located at 45450 CR 48, on the southwest corner of CR 48 and
Youngs Avenue, Southold. SCTM#1000-55.-5-2.2
HEARINGS HELD OVER
North Fork SurgiCenter—This Site Plan is for the proposed conversion of an existing
5,564 sq. ft. 1-story building (formerly SCWA office) with a 2,333 sq. ft. basement for
storage, to a professional office (medical) and 16 parking spaces on 1.15 acres in the
Light Industrial (LI) Zoning District. The property is located at 700 Boisseau Avenue,
Southold. SCTM#1000-63-3-2 -
APPROVAL OF PLANNING BOARD MINUTES
• June 5, 2017
• July 10, 2017
There being no further business to come before the Board, the meeting was adjourned.
Respectfully submitted,
�';_ �� Jessica Michaelis
Transcribing Secretary
Donald J. Wilcenski, Chairman
1
1 TOWN OF SOUTHOLD PLANNING BOARD
COUNTY OF SUFFOLK: STATE OF NEW YORK
2 ------------------------------------------- X
TOWN OF SOUTHOLD
3 PLANNING BOARD MEETING
4 ------------------------------------------- X
5
6
Southold, New York
7 August 14, 2017
6:00 P.M.
8
9
10
11
12 Board Members Present:
13
14 JAMES H. RICH, III, Vice-Chairman
15 PIERCE RAFFERTY, Board Member
16 MARTIN H. SIDOR, Board Member
17 WILLIAM CREMERS, Board Member (Excused)
18 DONALD J. WILCENSKI, Chairman (Excused)
19
20 MARK TERRY, Assistant Planning Director
21 BRIAN CUMMINGS, Planner
22 ERICA BUFKINS, Planner Trainee
23 JESSICA MICHAELIS, Clerk Typist
24
25
August 14, 2017 2
1
2 INDEX
3
4 HEARING PAGE
5
6 North Fork SurgiCenter 3-5
7
8 David and Barbara Hazard 5-7
9
10 Southold Gas Station & Convenience Store 7-39
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
August 14, 2017 3
1 NORTH FORK SURGICENTER
2 VICE-CHAIRMAN RICH: Okay. At this
3 point, we have three public hearings.
4 In the interest of time, I am going
5 to take them a little bit out of
6 order; we're going to start with a
7 holdover hearing for North Fork
8 SurgiCenter. This Site Plan is for
9 the proposed conversion of an
10 existing 5,564 square feet, 1-story
11 building (formerly Suffolk County
12 Water Authority office) with a 2, 333
13 square feet basement for storage, to
14 a professional office (medical) and
15 16 parking spaces on 1.15 acres in
16 the Light Industrial (LI) Zoning
17 District. The property is located at
18 700 Boisseau Avenue, Southold.
19 SCTM#1000-63-3-2.
20 Anybody wishing to address the
21 Southold Town Planning Board on this
22 issue?
23 Please step to the podium. You
24 will be speaking to the Board and not
25 each other. Just comment that this
August 14, 2017 4
1 was originally HL Potato House and
2 then it became a watch factory and
3 then Suffolk County Water and now
4 it's proposed as this. Sir? State
5 your name and write your name,
6 please?
7 MR. FISCHETTE: Good evening.
8 Robert Fischetti, attorney for the
9 applicant. Just basically wanted to
10 let you know that I am here to answer
11 any questions. I gave a summary of
12 the application the last time. So I
13 won't go through it again, if that's
14 okay?
15 VICE-CHAIRMAN RICH: Anybody wish
16 to address the Planning Board on this
17 issue? Yes, ma'am?
18 MS. CORWIN: Ellen Corwin,
19 Founders Village. I am not here for
20 this but I think the SurgiCenter is a
21 good idea at that location.
22 VICE-CHAIRMAN RICH: Thank you,
23 ma'am. Anyone else wish to address
24 the Planning Board on this?
25 MEMBER RAFFERTY: Move to close
August 14, 2017 5
1 this hearing.
2 MEMBER SIDOR: Second.
3 VICE-CHAIRMAN RICH: Motion made by
4 Pierce to close the hearing and seconded
5 by Martin.
6 I am just going to close the hearing.
7 Any discussion?
8 (No Response. )
9 VICE-CHAIRMAN RICH: All in favor?
10 MEMBER RAFFERTY: Aye.
11 MEMBER SIDOR: Aye.
12 VICE-CHAIRMAN RICH: Aye.
13 Opposed?
14 (No Response. )
15 VICE-CHAIRMAN RICH: Motion is
16 passed.
17 *************************************
18 DAVID & BARBARA HAZARD
19 VICE-CHAIRMAN RICH: The second
20 hearing is, David and Barbara Hazard,
21 this proposal is for a Standard
22 Subdivision of a 5.14 acre parcel
23 into two lots where Lot 1 equals
24 2.47 acres inclusive of 0.03 acres of
25 wetlands and Lot 2 equals 2.67 acres
August 14, 2017 6
1 inclusive of 0.08 acres of wetlands
2 located in the R-80 Zoning District.
3 The property is located at 1465
4 Harbor Lane, in Cutchogue.
5 SCTM41000-103-2-1.
6 Anybody wishing to address the
7 Planning Board, please step forward.
8 Sign your name and state your name.
9 Remember, you're addressing us.
10 Anyone?
11 (No Response. )
12 MEMBER SIDOR: Motion to close the
13 hearing?
14 MEMBER RAFFERTY: Second.
15 VICE-CHAIRMAN RICH: Motion made
16 by Martin to close the hearing.
17 Seconded by Pierce.
18 Any discussion?
19 (No Response. )
20 VICE-CHAIRMAN RICH: All in favor?
21 MEMBER RAFFERTY: Aye.
22 MEMBER SIDOR: Aye.
23 VICE-CHAIRMAN RICH: Aye.
24 Opposed?
25 (No Response. )
August 14, 2017 7
1 VICE-CHAIRMAN RICH: Motion is
2 passed.
3 ***********************************
4 SOUTHOLD GAS STATION AND
5 CONVENIENCE STORE
6 VICE-CHAIRMAN RICH: Next order of
7 business public hearing is Southold
8 Gas Station and Convenience Store
9 Site Plan and Draft Environmental
10 Impact Statement. This amended Site
11 Plan is for the proposed conversion
12 of an existing 3, 476 square feet
13 building (formerly for vehicle
14 detailing, RV sales and servicing) to
15 a convenience store and vehicle fuel
16 sales with: 6 fuel pumps (12 fueling
17 stations) , two canopies, one at
18 50' x 24 ' (1,200 square feet) and the
19 other at 50' x 50' (2,500 square
20 feet) and 29 parking spaces on
21 1.46 acres in the General Business
22 (B) Zoning District. The property is
23 located at 45450 CR 48, on the
24 southwest corner of CR 48 and Youngs
25 Avenue, Southold.
August 14, 2017 8
1 SCTM#1000-55.-5-2.2.
2 Anyone wishing to address the
3 Planning Board on this issue, please
4 step forward and state your name, sign
5 your name.
6 MR. CUDDY: Charles Cuddy, I have
7 an office at 445 Griffing Avenue,
8 Riverhead, New York. I appear on
9 behalf of the applicant. Tonight I
10 have with, Mr. Seaman, who is the
11 environmental consultant for the
12 applicant. And also Mr. Snyder, who
13 is the traffic consultant for the
14 applicant. Just again to
15 reemphasize. It's a 1 1/2 acre site.
16 It's in the Business B District. The
17 zoning permits the convenience store.
18 You need a special exception which
19 we're having a hearing -- a
20 continuing public hearing on before
21 the Zoning Board. Going to have six
22 fuel pumps, which means 12 stations.
23 Four of them and the pumps and the
24 stations will be in the front. Eight
25 of those stations will be in the
August 14, 2017 9
1 rear. Again, it's subject to a
2 special exception. And tonight we're
3 basically here to hear public
4 comments on the DEIS Draft
5 Environmental Impact Statement and
6 our consultants are ready to respond
7 if necessary. Thank you.
8 VICE-CHAIRMAN RICH: Thank you.
9 Anybody wish to step forward and
10 address the Board on this DEIS, that
11 is Draft Environmental Impact
12 Statement.
13 MS. MURPHY: Hi, I am Peggy
14 Murphy. A resident of (Inaudible)
15 Lane. This is my first Planning
16 Board meeting. So I am not familiar
17 with procedures but wanted to ask a
18 few questions and ask a few questions
19 or two; is that appropriate, Jim?
20 VICE-CHAIRMAN RICH: You can
21 certainly make a statement and we
22 will answer questions, if we can.
23 MS. MURPHY: Well, if nothing
24 else, you can think about them.
25 VICE-CHAIRMAN RICH: That is
August 14, 2017 10
1 really what we're supposed to do.
2 We're supposed to listen to your
3 comments.
4 MS. MURPHY: Okay. I have
5 accepted the fact that the area that
6 I grew up in and care deeply about
7 will be losing more of its small town
8 rural flavor and appeal, with the
9 approval of a project of this
10 magnitude. It's very discouraging
11 for me. I wondered about the need
12 for this project. I wondered what
13 the benefit is for the Hamlet of
14 Southold. I can't imagine folks
15 coming off the ferry and not filling
16 up before getting on the ferry since
17 I don't know what services will be
18 available on the Long Island side.
19 They also have wonderful snack bars
20 on the ferry, most of them anyway.
21 Has consideration been given to the
22 additional dangers at this
23 intersection that will be created by
24 this huge proposed project? Quite
25 frankly, I shudder just thinking
August 14, 2017 11
1 about it. Honestly speaking, the
2 only gain that I can see will be a
3 financial one to the group making
4 this proposal. Am I wrong about
5 that? Thank you.
6 VICE-CHAIRMAN RICH: Thank you for
7 your comments. Anyone else?
8 MS. CORWIN: Ellen Corwin,
9 Founders Village. I apologize for
10 being a little nervous up here. This
11 is not exactly where I wanted to be.
12 But I don't want to pass this corner
13 every afternoon and know that I did
14 whatever I could to stop this. Even
15 if it is a little difficult. I would
16 like to start with a few general
17 comments before I talk about the
18 traffic studies. The prior use
19 argument that is referred to in this
20 application, seems week. The prior
21 use was 60 years ago. One or two
22 pump gas station combined with a
23 garden center. I wasn't there then
24 but it seems like a fairly passive
25 operation. This is a lot of gas
August 14, 2017 12
1 station. A large gas station and
2 convenience store and it changes
3 Southold forever. I would like to
4 start with the traffic studies. Our
5 own, the one that Founders Village
6 prepared and the one included in the
7 DEIS. I am hoping others here
8 tonight will get up and speak to
9 community character and scenic
10 impact. A traffic study was
11 conducted by Founders Village on
12 September 7, 2015 which was Labor Day
13 between 4 :00 P.M. and 5:00 P.M. at
14 the intersection of 48 and Youngs
15 Avenue. A second count was taken on
16 Wednesday, September 9th between
17 7:30 and 8:30 A.M. at the entrance to
18 Founders Village on Youngs Avenue.
19 Unfortunately, I did not see any
20 comparable area time included in the
21 DEIS traffic. Our traffic study was
22 submitted to the Planning Board on
23 August 7th and is part of this file.
24 We presented raw data counted in
25 person on the dates cited. No growth
August 14, 2017 13
1 factors, no seasonal adjustments. No
2 extrapolations. No reliance on data
3 from industry studies or analyses
4 were utilized. This traffic study
5 was conducted by area residents who
6 will bear the impact of any traffic
7 increase. Youngs Avenue is a main
8 north/south route from 48 to the Main
9 Road in Southold. This is due to the
10 traffic signals. One at the
11 intersection of 48 and Youngs and the
12 other at Youngs and Main Road. Many
13 large vehicles chose this cut-over
14 because of the southbound access lane
15 on 48 and Youngs Avenue. These large
16 vehicles include car carriers bound
17 from Mullens. Tractor trailers bound
18 for the IGA. Landscaping trucks with
19 trailers, limousines which can no
20 longer make U-turns on 48 . It also
21 seems to be a preferred route for the
22 Southold Police and Fire Departments.
23 Founders Village is located on Youngs
24 Avenue approximately 850 feet south
25 of the proposed build site. On Labor
August 14, 2017 14
1 Day, a total of 1,214 vehicles were
2 counted between 4 :00 P.M. and
3 5:00 P.M. This included vehicles
4 westbound and eastbound 48 and
5 northbound and southbound on Youngs
6 Avenue. It included cars, pick-up
7 trucks, vans, buses and motorcycles.
8 And obviously with the time included
9 ferry traffic for the holiday. On
10 September 9th, a total of 207
11 vehicles, bicycles and pedestrians
12 were counted between 7:30 A.M. and
13 8:30 A.M. on Youngs Avenue at
14 Founders Village entrance. This
15 included northbound and southbound
16 vehicles, cars, pick-up trucks, vans,
17 buses, bicycles and pedestrians on
18 Youngs Avenue. This count further
19 substantiates the existing traffic
20 count on Youngs Avenue cited on the
21 Labor Day count. We have three main
22 concerns here. Youngs Avenue is a
23 heavily traffic road in the day time.
24 There is no side walk north of
25 Founders Village on the north side of
August 14, 2017 15
1 Youngs Avenue. And no side walk at
2 east side of Youngs Avenue. There is
3 no shoulders on the road. Currently
4 it's not safe to walk or bicycle
5 here. The addition of a convenience
6 store at the intersection of 48 and
7 Youngs Avenue will increase the
8 volume of area residents who rely on
9 walking or bicycles for
10 transportation. This may
11 significantly increase concern for
12 public safety. The traffic counts in
13 this study for Youngs Avenue were 142
14 on Labor Day. 207 on the weekday
15 morning of 9/9. Vehicles exiting
16 onto Youngs Avenue from the proposed
17 gas station to proceed either
18 Southbound, Northbound or even
19 westbound and east bound because they
20 couldn't even safely exit onto 48
21 would present dangerous conditions on
22 Youngs Avenue at the exit area. Our
23 third concern is about the impact at
24 the entrance of Founders Village.
25 There are 92 units at Founders
August 14, 2017 16
1 Village, with approximately 100
2 vehicles plus those of guests,
3 contractors and service providers
4 entering and existing Founders
5 Village daily throughout the day and
6 evening. On a daily basis,
7 non-Founders Village vehicles use the
8 Founders Village exit to turn around.
9 We're happy to be a good neighbor and
10 allow this accomodation to our
11 neighbors but we will not be able to
12 safely tolerate an increase in
13 turnarounds creating by the gas
14 station traffic exiting onto Youngs
15 Avenue in an attempt to change
16 directions to proceed northbound on
17 Youngs. To either go east or west on
18 48. The traffic study in the DEIS
19 presented data for three time
20 periods. Midday and P.M. on a
21 weekday and early afternoon on a
22 Saturday. All were conducted in
23 November, 2015 and used an industry
24 growth factor and industry seasonal
25 adjustment factor. Somewhat
August 14, 2017 17
1 difficult to compare to our data
2 which we used actual holiday volumes
3 on Labor Day and earlier A.M.
4 traffic on a weekday on Youngs
5 Avenue. To keep it simple and
6 hopefully stay out of the weeds here
7 and use the following comparison. On
8 Labor Day we counted a total of 1,214
9 vehicles on 48 and on Youngs Avenue.
10 This is without any growth factor.
11 Using the DEIS highest count, which
12 was the weekday P.M. count, which
13 included the growth and seasonal
14 factors, the total count was 1, 118
15 cars -- vehicles. That is almost
16 100 vehicles less. Also from the
17 DEIS study, they estimated based on
18 industry data the total trips in and
19 out of the gas station. And their
20 estimates were, range from 100 to
21 150 vehicles in and out just during
22 peek hours. They also state a
23 pass-by rate of 630. Again, using
24 industry data. I believe this means
25 those vehicles, 63% of the vehicles
August 14, 2017 18
1 going into the gas station and coming
2 out were already on the road and
3 decided to stop for gas. So no
4 increase. However, where is the logic
5 of the conclusion throughout the
6 study of no significant impact. 630
7 were already on the road. 37, aren't
8 they an increase? I would like to
9 quote a few of the traffic studies
10 that they draw. "The analysis of both
11 crucial intersections show that the
12 traffic generated by the proposed
13 development is a minor impact on the
14 intersection of 48 and Youngs Avenue.
15 Accident data indicates the
16 intersection of 48 and Youngs Avenue
17 is not considered a high accident
18 location. There is no significant
19 change in vehicular change in the
20 build or the build alternative. The
21 proposed action has no significant
22 impact on the pedestrian access to
23 the site. Given the usage and
24 location, the site is not likely to
25 generate significant pedestrian
August 14, 2017 19
1 traffic. " I think this is absolutely
2 not true. This will attract increase
3 foot, bicycle and vehicle traffic
4 from the surrounding area. The study
5 further states that existing traffic
6 signal provides control mechanism for
7 pedestrians to cross north and south
8 of Youngs Avenue over County Road 48.
9 According to the traffic engineer
10 study, the adjacent intersection has
11 pedestrian push buttons to activate
12 an east-west crossing phase with
13 7 second walk phase. Followed by a
14 20 second interval. I hope that
15 means a total of 27 seconds. These
16 are located on the northwest and
17 southeast corners. It also states
18 that there no pedestrian signals and
19 pedestrian must take their cue from
20 the traffic signal. I invite the
21 Board members to stop by this
22 intersection and push the button to
23 cross from the southeast corner on
24 48 at Youngs to the northeast corner
25 on 48. I have been there. I don't
August 14, 2017 20
1 know where in the sequence you can
2 possibly decide it was safe to step
3 off the grass. I can't imagine what
4 it like today. I can't imagine what
5 it's going to be like with cars
6 coming in and out of the gas station
7 coming onto 48 and Youngs Avenue. If
8 you are on foot or on a bicycle and
9 probably not even a car. I have a
10 few closing comments. I would like
11 to let the other people here speak.
12 I would like -to come back to the
13 podium and discs the underground
14 storage tanks if nobody else here is
15 prepared to do that. I would ask the
16 Planning Board to please review and
17 consider the current letters in the
18 file. And the letters in the file
19 two years ago and the petition signed
20 by almost 300 residents. Just
21 because an area is zoned for business
22 and a business wants to be there,
23 doesn't mean it has to be. There
24 could be nothing automatic just
25 because the code is met. This
August 14, 2017 21
1 application requires ZBA variances
2 but there is no variance for changing
3 the character of Southold. If you
4 allow a 12 pump gas station and a
5 19-hour convenience store, you have
6 changed our landscape forever. I
7 urge others here to come up and
8 speak. Thank you.
9 VICE-CHAIRMAN RICH: Thank you,
10 ma'am.
11 Anyone else wish to address the
12 Planning Board on this issue?
13 MR. BASIL: My name is Michael
14 Basil from Southold and I live on the
15 north side of Sound Avenue. Also I
16 am an employee of the current east
17 end campers and I am standing on that
18 spot for about 14 years now, 7 days a
19 week. One of the things that I think
20 about the traffic study is, that I
21 think it all changed the current
22 traffic, because I live on the north
23 side of Sound Avenue. For me to get
24 fuel in the morning, I have to travel
25 down Youngs Avenue to get to the only
August 14, 2017 22
1 current gas station that we have in
2 Town. So I think by having a second
3 fuel station here, it will alleviate
4 all that traffic that is going from
5 the north side of Town to the south
6 side of Town daily and that means a
7 lot of the trucks and landscapers and
8 like. , I have also had the
9 opportunity to meet the gentleman
10 that is going to be putting in the
11 gas station. And I will say that
12 based on the fact that he owns the
13 only other gas station in Town, and
14 he works 7 days a week, I think that
15 this gentleman is only going to
16 improve the Town. Because he has
17 already done so at his current
18 station. Lots of flowers. He has
19 not changed the building size. And I
20 think that is what he is proposing
21 here. Not to change the building
22 size or the lot size. Really change
23 the area dramatically. So I am here
24 just to say that on a positive note
25 that I think once this fuel station
August 14, 2017 23
1 is in, you are going to see a lot
2 less traffic going from the north
3 side to the south side searching out
4 gas, because again, being on that
5 property for 14 years, 7 days a week,
6 I do get tons of people coming off
7 the ferry who didn't realize that we
8 don't have a lot of fuel from the
9 ferry. And that existing right now,
10 looks like a fuel station. They pull
11 in and ask where can I get gas. I
12 point that they have to travel to the
13 south side of town. That is the
14 nearest one. So they are causing a
15 lot of traffic. But now they will
16 come into that station and continue
17 onto their route. And again, a lot
18 of people follow their Google maps.
19 And when they get off the ferry, the
20 Google maps don't show them and they
21 gave to go over to 25. So here they
22 will come into the station and
23 continue on their way to the other
24 counties.
25 VICE-CHAIRMAN RICH: Thank you for
August 14, 2017 24
1 your comments.
2 MR. BASIL: No problem.
3 MS. TALERICO: I am Melissa
4 Talerico. I live at 2895 Youngs
5 Avenue. Nice to meet you, Mike. On
6 Youngs Avenue we call it, "untidy
7 car, " but that is an inside joke. I
8 am going to do two things. Gary and
9 Joan Remke who live next door to the
10 proposed site are unfortunately
11 unable to attend tonight. So they
12 have asked me to read a letter to the
13 Board on their behalf. "Gary and I
14 have lived on Youngs Avenue for over
15 31 years. Our property borders the
16 Tidy Car lot. The proposed gas
17 station site. My neighbors and I are
18 against the proposed gas station
19 because we are very concerned that
20 such an establishment will bring a
21 dramatic increase in traffic, noise,
22 pollution and more importantly crime
23 to Youngs Avenue. It will destroy the
24 character of our neighborhood and the
25 peaceful enjoyment of our homes. And
August 14, 2017 25
1 the quality of life for everyone
2 living on the road. Youngs Avenue has
3 seen a huge increase in traffic over
4 the past five years. The streets for
5 Route 48 to 25, is main access to
6 Town, as anyone going to the IGA can
7 attest. And is one of the most
8 densely populated roads in Southold.
9 With well over 115 residents in less
10 than a third of the mile, including
11 the residents at Founders Village.
12 Many well known businesses and
13 services including Agway, Burt's
14 Reliable, Capital One, the train
15 station, the Taxi Depot, the Town
16 vehicle parking lot, the Planning
17 Board and the Peconic Land Trust at
18 Charnuse Farm are all on the same
19 road. These establishments all bring
20 an increasing wave of traffic. From
21 their employees, customers and
22 suppliers in the forms of cars,
23 trucks, including 18-wheelers,
24 tractors, landscaped vehicles,
25 recreational vehicles and even the
August 14, 2017 26
1 Hampton Jitney bus to our streets.
2 Gas stations in addition to bringing
3 traffic by nature, are magnets for
4 armed robberies, drug traffic and
5 other types of illegal activity. As
6 seen by the increasing numbers of
7 reported crimes at these locations on
8 the east-end and in island. There
9 are also sites of pollution and
10 environmental hazards with bright
11 intrusive lighting, car and truck
12 emissions, gas explosions, gas tank
13 leaks and large vehicle crashes. On
14 a personal note, gary and I were both
15 born and raise in this Town. It took
16 us many years to save enough money to
17 buy our home. And we're very worried
18 about the impact of having a gas
19 station as our neighbor for the
20 reasons discussed in this letter. We
21 want you to know that our home is our
22 nest egg, and this gas station, if it
23 goes through would negatively impact
24 our property value. Something we
25 cannot afford as we approach
August 14, 2017 27
1 retirement. Thank you for the
2 opportunity to express our concerns.
3 Joan and Gary Remke. "
4 For myself, two years ago we
5 gathered over 260 signatures on a
6 petition to protest the plan to build
7 this gas station. A number of our
8 neighbors are here and we have sent
9 letters again to the Board. Our
10 position has not changed. We ask you
11 to really take into consideration the
12 concerns of people in the neighborhood
13 and not allow this petition to go
14 through. Thank you very much.
15 VICE-CHAIRMAN RICH: Thank you.
16 MS. MARA: Hi my name is Cheryl
17 Mara. I live at 3225 Youngs Avenue
18 and I have been there since 1989.
19 Some of you know me. I grew up here.
20 And I sent a letter during the time
21 period for my husband and myself.
22 Here is the big concern here, Youngs
23 Avenue going from north to south to
24 the Village is a unique street. It's
25 a heavily trafficked street. It has
August 14, 2017 28
1 always been a heavily trafficked
2 street. That is why we had fenced in
3 our backyard for our kids and our
4 dogs as they were growing up. We
5 always knew that. The traffic study
6 -- actually both traffic studies,
7 Founders Village and the one in the
8 DEIS, that was done in 2015, don't
9 even begin to address what has
10 happened in this area in the last
11 year, year and a half. I mean,
12 everybody you talk to and live here
13 year round are always talking about
14 the traffic in general all over the
15 Village and the Town. So that in
16 itself, we have been discovered, I
17 believe. And that time period, the
18 tourism time period has extended
19 itself from May to October because --
20 just because of the agriculture and
21 the things that go on here. I am
22 very, very, very concerned that
23 somebody is -- more than one somebody
24 is going to be seriously hurt at this
25 intersection. If you look at the
August 14, 2017 29
1 site plan, the entrance on Youngs
2 Avenue alone, on that -- people use
3 it as a merge. It's not an exact
4 turn to come down Youngs Avenue.
5 That to me in itself is very scary.
6 What I found very interesting about
7 the site plan and which I have a very
8 big problem with, is that if this is
9 a business and someone has a business
10 in this town and wants to be a good
11 neighbor, then why are there eight
12 pumps at the back of the building and
13 only four facing the north road? I
14 mean, that property line of theres,
15 shares Joan and Gary Remke's property
16 line. And the site itself, that site
17 plan, could have been done a little
18 differently as far as I am concerned.
19 And I do not believe and in all do
20 respect to Mike, I do not believe
21 that traffic will be reduced if
22 people can get their gas at the end
23 of our street. I really don't
24 because it is the street to get to
25 the only light on Route 25 in the
August 14, 2017 30
1 Village of Southold. And that's it
2 for now. Thank you.
3 VICE-CHAIRMAN RICH: Thank you for
4 your comments. Anyone else?
5 MS. HAWKINS: My name is Ann
6 Hawkins. I am a resident of Founders
7 Village. I live in the first
8 building that is on the exit side of
9 Founders Village. And I sit in my
10 kitchen and I watch in time, using
11 Founders Village as a turnaround
12 because they made a mistake. We had
13 to paint arrows on the pavement --
14 this is not your problem, but go in
15 and out of the exit entrance. And
16 the thing is, the increase problems
17 of the exit and entrance of the gas
18 station, I see it as a major hazard.
19 People going westbound are going to
20 have to turn onto Youngs Avenue and
21 then turn into the gas station. And
22 then the people going out, if they go
23 right and find they wanted to go
24 left, they're going to be turning
25 around in Founders Village. That is
August 14, 2017 31
1 one of my many concerns. But I
2 really thank Ellen for her diligent
3 efforts and there was another person
4 involved that did do this traffic
5 study. They determined that there is
6 a tremendous amount of traffic there
7 already. And we are very concerned
8 amount the safety of our residents.
9 And the safety of Southold Village
10 residents in general in that area.
11 The entrance and the exits strike me
12 as very dangerous. Thank you.
13 MS. CORWIN: I just wanted to
14 spend a few minutes on the
15 underground storage tanks. Mike, I
16 have high respect for your onsite
17 observations but I haven't been out
18 here forever but I haven't run into
19 anyone ever that said, "Gee, I wish
20 we had another gas station here. " In
21 the executive summary, of the DEIS,
22 under mitigating measures, it states
23 that in May of 2015, a subsurface
24 investigation was performed. Soil
25 samples were taken within the
August 14, 2017 32
1 vicinity of suspected underground
2 storage tanks. The location of
3 which were based on "interviews of
4 where the tanks were. " This resulted
5 in readings indicative of no action.
6 So I think we're saying here that
7 they poked around a bit where they
8 thought they might be based on
9 interviews and came up with nothing.
10 So they are saying that if something
11 turns up during the build, they will
12 make the right phone call they're
13 supposed to. The summary, also
14 deals with the septic, drain and
15 pools behind the building. The
16 storm drain detected semi-volatile
17 organic compounds. Whatever that
18 might be. Levels that exceed
19 Suffolk County Department of Health
20 action levels. It notes the
21 applicant will clean out the storm
22 drains recommended and have them
23 retested. Page 11 of the summary as
24 the site investigation conclusions
25 that some have results of soil and
August 14, 2017 33
1 groundwater analysis which did not
2 indicate conditions of environmental
3 concerns and recommended no cleanup
4 action, with exception of cleaning
5 the leaching pool. Goes on to say
6 that based on the Berringer Report,
7 the suggestion that a spill has
8 occurred requires remediation is
9 unsubstantiated. What spill are we
10 talking about here? Continuing on
11 Page 11, "conformalance to the
12 standards will mitigate potential for
13 groundwater contamination generated
14 at the site. The existing private
15 well will be disconnected and closed
16 in accordance with New York State DEC
17 and Southold Department -- Suffolk
18 County Department of Health
19 requirements, thus eliminating the
20 pathway to groundwater and a
21 connection to the Suffolk County
22 Water Authority. Further discusses
23 the Suffolk County Water Authority
24 public wells near the site. " What
25 about private wells? Founders
August 14, 2017 34
1 Village has six private wells within
2 a 1, 000 feet of this site. Although
3 they are currently used for
4 irrigation, pollution will affect our
5 entire complex. Are there no other
6 private wells on Youngs Avenue
7 within 500 feet of this site? I
8 would be surprised if there weren't.
9 Thank you very much.
10 VICE-CHAIRMAN RICH: Thank you,
11 ma'am.
12 Anyone else wish to address the
13 Planning Board on this issue?
14 Tracey.
15 MS. ORLANDO: Tracey Orlando,
16 Southold. I just want to say that I
17 am kind of familiar with the DEIS
18 site plan. I think it's appropriate
19 use of that property. And I have
20 also been told that the owners do
21 intend to provide at least one
22 full-service gas station pump, which
23 I think we need in this area. I
24 have a mom. I don't think she will
25 pump her own gas. So I think this
August 14, 2017 35
1 will support our community well. So
2 I support this project.
3 VICE-CHAIRMAN RICH: Thank you for
4 your comments. Anyone else wish to
5 address us?
6 Anyone else wish to address the
7 Planning Board on this issue?
8 okay. Do you have something new
9 to add? If so, please state your
10 name?
11 MS. MARCU: My name is Pat Marcu.
12 I am recently moved to Founders
13 Village. And know very little about
14 the background of this only of what I
15 picked up at this meeting. One of
16 the appeals of Southold Hamlet and in
17 totality east-end, the North Fork has
18 been the rural character. And the
19 fact that at night, it's dark. And
20 you can see the stars. Some times of
21 the years, you can see the Milky Way.
22 It was mentioned, something about the
23 light pollution. You're talking
24 about an activity that is going to go
25 19 hours out of 24, 7 days a week.
August 14, 2017 36
1 You can't tell me that there are
2 going to be tall bright lights. And
3 it has been touched on by some of the
4 other folks here, about changing the
5 character of the hamlet. Just think
6 about the amount of light. I mean,
7 the increase in traffic. The hazards
8 at the intersection, they're a given.
9 But you're going to have significant
10 light pollution. Also, I am unaware
11 of any background for the use of the
12 land prior where there would have
13 been storage tanks. I think that
14 could potentially be a really
15 significant thing. Things I have
16 read over the decades about the ,
17 North Fork is that there was concern
18 about pollution from things like
19 temic (phonetic) and other pesticides
20 of sorts. You have oil tanks. I
21 presume they are oil or gas tanks.
22 You don't know what could be under
23 them. I think it would be very
24 prudent to find out if in fact there
25 are tanks and that there might be a
August 14, 2017 37
1 plume somewhere. Just saying.
2 VICE-CHAIRMAN RICH: Thank you
3 for your comments. And I would just
4 comment that at one point there was a
5 gas station there years ago. I don't
6 know what the condition of the tanks
7 were or if they have been removed.
8 But new tanks will have to be
9 double-walled, if this is approved.
10 MS. MARCU: Excuse me. I will add
11 a PS.
12 VICE-CHAIRMAN RICH: Please.
13 MS. MARCU: For over 40 years my
14 husband and I owned an insurance
15 agency. And we had significant
16 numbers for auto body and gas
17 stations. And one of the ongoing and
18 I am taking 15-20 years down the road
19 after discovery of gas leaks, they
20 were still remediating through the
21 State of New York. So I can't speak
22 to it but I can tell you my
23 experience was, these things don't go
24 away easily.
25 VICE-CHAIRMAN RICH: I didn't say
August 14, 2017 38
1 that it was. I just stated there was
2 a gas station years ago. And if this
3 is approved, Suffolk County Health
4 Department, they're very stringent.
5 It's not to say that this is going to
6 be approved or not approved.
7 Anyone else wish to address?
8 (No Response. )
9 VICE-CHAIRMAN RICH: Okay.
10 MEMBER SIDOR: Make a motion to
11 keep the hearing open for 30 days for
12 written comment.
13 VICE-CHAIRMAN RICH: I have a
14 motion to close this hearing now and
15 keep it open for 30 days for written
16 comment for anyone who wishes to
17 comment. I will say that all these
18 comments will be considered and
19 addressed as we finish the DEIS
20 statement.
21 MEMBER RAFFERTY: Second.
22 VICE-CHAIRMAN RICH: Motion made
23 by Martin. Seconded by Pierce.
24 Any questions?
25 (No Response. )
August 14, 2017 39
1 VICE-CHAIRMAN RICH: All in favor?
2 MEMBER RAFFERTY: Aye.
3 MEMBER SIDOR: Aye.
4 VICE-CHAIRMAN RICH: Aye.
5 Opposed?
6 (No Response. )
7 VICE-CHAIRMAN RICH: Motion
8 carries.
9 Thank you very much. Good evening and
10 safe trip home.
11
12 (Whereupon, the Public Hearing's
13 concluded. )
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August 14, 2017 40
1
2
3 C E R T I F I C A T I O N
4
5
6
7 I, Jessica DiLallo, certify that the
8 foregoing transcript of audio recorded
9 Meeting/Public Hearings was prepared
10 using required electronic transcription
11 equipment and is a true and accurate
12 record of the meeting.
13
14
15 Signature: DG/=-LLGfd
16 Jessica DiLallo
RECEIVED
17 � ' 14tr
18 ocT > > 2Xlu
19 Date: August 29, 2017 .
outhold Town Clerk
20
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22 n r
23 �Q�Qj:aszo
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