HomeMy WebLinkAboutPB-09/11/2017 OFFICE LOCATION: *0 S®!/ MAILING ADDRESS:
Town Hall Annex jy® P.O.Box 1179
54375 State Route 25 ,`® �® Southold, NY 11971
(cor.Main Rd. &Youngs Ave.)
Southold NY Telephone: 631765-1938
www.s6utholdtow=y.gov
01.
rRECEIVED
PLANNING BOARD OFFICE + l d
TOWN OF SOUTHOLD OCT ��►'
2 4 "11 e3' l
PUBLIC MEETINGC�, M,a
- MINUTES &Autheold"town Clerk
September 11, 2017
6:00 p.m.
Present were: Donald J. Wilcenski, Chairman
James H. Rich III, Vice-Chairman
Martin Sidor, Member
Pierce Rafferty, Member
Heather Lanza, Planning Director
Mark Terry, Assistant Planning Director
Brian Cummings, Planner
Erica Bufkins, Planner Trainee
Jessica Michaelis, Clerk Typist
SETTING OF THE NEXT PLANNING BOARD MEETING
Chairman Wilcenski: The first order of business is for the Board to set Monday,
October 16, 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.
James H Rich III: So moved.
Martin Sidor: Second.
Chairman Wilcenski: Motion made by Jim, seconded by Martin. Any discussion? All in
favor?
Ayes.
Opposed?
None.
Southold Town Planning Board Page 12 September 11, 2017
Motion carries.
SUBDIVISIONS
Conditional Preliminary Plat Determinations:
Chairman Wilcenski: 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. 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
and Lot 4 equals 0.52 acres. The parcel is located in the Hamlet Business Zoning
District; and
WHEREAS, on November 22, 2011, 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, on May 29, 2012, the applicant submitted a Preliminary Plat application;
and
WHEREAS, on November 26, 2012 the Southold Town Planning Board found the
Preliminary Plat application complete; and
WHEREAS, on December 12, 2012, the Planning Board referred the application to
other agencies for comments and to request Lead Agency for a coordinated review of
the Unlisted Action pursuant to 6 NYCRR Part 617, Section 617.7 of the State
Environmental Quality Review; and
WHEREAS, on December 18, 2012, at the request of the applicant's agent, the
Southold Town Planning Board granted an Extension of Sketch Plat Approval for six (6)
months from December 18, 2012 to June 18, 2013; and
WHEREAS, on December 18, 2012, the Southold Town Planning Board waived the
requirement to submit Road and Drainage plans until submission of the Final Plat map
and application;
WHEREAS, on July 1, 2013, the Southold Town Planning Board granted an Extension
of Sketch Plat Approval for six (6) months from June 18, 2013 to December 18, 2013;
and
Southold Town Planning Board Page 13 September 11, 2017
WHEREAS, on December 17, 2013, the Southold Town Planning Board granted an
Extension of Sketch Plat Approval for six (6) months from December 17, 2013 to June
17, 2014; and
WHEREAS, on March 10, 2014, the Preliminary Plat Public Hearing was held and
closed; and
WHEREAS, on July 8, 2014, the Southold Town Planning Board granted an Extension
of Sketch Plat Approval for six (6) months from June 7, 2014 to December 7, 2014, and
periodically granted another three extensions through June 26, 2016; and
WHEREAS, on July 12, 2016, Southold Town Planning Board granted an Extension of
Sketch Plat Approval for six (6) months from June 26, 2016 to December 26, 2016, and
again on January 9, 2017,from December 20, 2016 to June 20, 2017; and
WHEREAS, on June 26, 2017, a review of comments from other agencies was
completed; and
WHEREAS, on July 27, 2017, the applicant submitted revised maps with Suffolk County
Department of Health Services approval dated July 10, 2017; and
WHEREAS, on August 14, 2017, the Southold Town Planning Board, as Lead Agency,
pursuant to SEQRA, made a determination of non-significance for the proposed action
and granted a Negative Declaration; and
WHEREAS, on August 14, 2017, the Southold Town Planning Board granted 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; and
WHEREAS, as a result of this subdivision, there is the potential for new residents
creating an increased demand for recreational facilities in the Town. These factors
present a proper case for requiring a park suitably located for recreational purposes;
and
WHEREAS, due to the size of the proposed lots, and potential future commercial uses
requiring space for parking and buildings, the parcel is unsuitable for the inclusion of a
public park, playground or other recreation use; and
WHEREAS, Southold Town Code §240-53 G establishes a fee to be paid in lieu of
providing a park within the subdivision, and the required fee is $7,000.00 per new lot
created; be it therefore
RESOLVED, that the Southold Town Planning Board, as described above, hereby finds
that the proposed subdivision plat presents a proper case for requiring a park suitably
Southold Town Planning Board Page 14 September 11, 2017
located for recreational purposes, but that a suitable park cannot be properly located on
such subdivision plat, and that the Planning Board will require a Park and Playground
fee in lieu thereof.
James H. Rich III: Second.
Chairman Wilcenski: Motion made by Pierce, seconded by Jim. 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
Preliminary Plat Approval upon the map prepared by Nathan Taft Corwin, III, Land
Surveyor, entitled "Final Plat Subdivision for William J. Baxter, Jr. situated at
Cutchogue," dated September 17, 1998 and last revised November 22, 2015 with the
following conditions:
1. Revise the sidewalk plans on the Final Road & Drainage Plan to remove the
section of sidewalk, drainage, and street pavement expansion that the Heritage
(aka Harvest Pointe) will be completing. Submit revised plans to construct the
sections of sidewalk and curb along Schoolhouse Road and down Griffing Street
to the end of the property lines that are satisfactory to the Planning Board. The
sidewalk along Griffing Street must connect to the ends of the existing
sidewalk(s).
2. A performance bond will be required to be provided prior to Final Plat approval.
Provide a draft performance bond estimate pursuant to §240-32 Performance
bond. The details of the items that must be included in the Performance Bond
remain to be determined by the Planning Board in consultation with the Office of
the Town Engineer and the applicant.
3. Fulfill the street tree requirement pursuant to §240-49 Clearing to the satisfaction
of the Planning Board.
4. Provide draft covenants and restrictions and cross access easements. A draft
template of each to be provided by the Planning Department.
Southold Town Planning Board Page 15 September 11, 2017
5. Public water will be required for this subdivision. Submit a letter of water
availability from SCWA.
6. Reapply to the SCDHS for this subdivision to indicate public water will be used.
Request to remove the prohibition on residential use in the covenants imposed
by SCDHS as a result of their 1992 variance for this subdivision, which was
based on the project using well water (Liber 11742 Page 743).
7. A Park & Playground fee of$21,000, pursuant to §240-53 G of the Southold
Town Code, will be required to be submitted prior to Final Plat approval.
8. An Administration Fee in the amount of$8,000 or 6% of the performance bond
estimate, whichever is greater, pursuant to Southold Town Code §240-37
Administration fee will be required to be submitted prior to Final Plat Approval.
James H. Rich III: Second.
Chairman Wilcenski: Motion made by Pierce, seconded by Jim. Any discussion? All in
favor?
Ayes.
Opposed?
None.
Motion carries.
Chairman Wilcenski: I am recusing myself from the next project, I will turn the
microphone over to Vice-Chairman James H. Rich III.
Final Plat Determinations:
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 each, 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:
WHEREAS, 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; and
Southold Town Planning Board Page 16 September 11, 2017
WHEREAS, on June 6, 2016, the Planning Board granted Conditional Preliminary Plat
Approval upon the map entitled "Estates at Royalton Preliminary Plat", dated November
13, 2015, prepared by Howard Young, Land Surveyor, with conditions: and
WHEREAS, on June 23, 2016 the applicant submitted a Final Plat Application and
$500.00 fee, and
WHEREAS, on July 5, 2016 the Southold Planning Board received a letter from the
Office of the Engineer approving the road and drainage specifications and requiring a
New York State Department of Environmental Conservation Phase II SPDES Permit,
and
WHEREAS on July 18, 2016, the Final Plat Application was found to be complete, and
WHEREAS, on August 8, 2016 a Public Hearing on the Final Plat was held and closed,
and
WHEREAS, on October 18, 2016 the Southold Town Board accepted the bond estimate
in the correct amount of$314,870.00 for the proposed subdivision; and
WHEREAS, on October 3, 2016 the Planning Board accepted the Bond Estimate for
The Estates at Royalton in the incorrect amount of$314,970.00 and on April 11, 2017
the Southold Town Planning Board accepted the Bond Estimate for The Estates at
Royalton dated September 8, 2016 in the corrected amount of$314,870.00.
WHEREAS, on April 11, 2017 that the Southold Town Planning Board granted
Conditional Final Plat Approval upon the map entitled "Final Plat for the Subdivision
Map of Estates at Royalton", dated June 22, 2016 and last revised October 31, 2016,
prepared by Young & Young, Land Surveyors, subject to 15 conditions and
WHEREAS, that the Southold Town Planning Board waived the requirement to build
two (2) moderate-income family dwelling units (MIFDU) in lieu of a $424,750.00
payment to the Southold Housing Fund; and
WHEREAS, on April 19, 2017 a check in the amount of$424,750.00 was submitted and
transmitted to the Southold Housing Fund, and
WHEREAS, on July 18, 2017 an Irrevocable Standby Letter of Credit Number 68131518
issued by the Bank of America Merrill Lynch in the amount of$314,870.00 was
submitted.
WHEREAS, the Planning Board found that a suitable park cannot be properly located
within the subdivision and a park and playground fee in the amount of$77,000.00 in lieu
thereof, pursuant to Town Code 240-53 G Reservation of parkland on subdivision plats
containing residential units is required, and
Southold Town Planning Board Page 17 September 11, 2017
WHEREAS, on August 17, 2017 a check in the amount of$77,000.00 for the park and
playground fee was submitted, and
WHEREAS, an Administration Fee in the amount to $18,892.20 pursuant to Town Code
§240-37 Administration Fee is required, and
WHEREAS, a check in the amount of$18,892.00 for the Administrative Fee was
delivered on August 17, 2017, and
WEHREAS, on September 8, 2017 an affidavit confirming that the utility pole would be
moved from the road apron was submitted, and
WHEREAS, on September 9, 2017 the applicant has provided photographic proof that
all materials including recycled concrete aggregate (RCA), vehicles and structures have
been removed from the Open Space Easement Area, and
WHEREAS, all remaining conditions have been satisfied, be it therefore
RESOLVED, that the Southold Planning Board grant Final Approval with one condition
on the Suffolk County Department of Health Services approved map entitled
"Subdivision Map Estates at Royalton Final Plat" dated June 22, 2016 and last revised
February 21, 2017, prepared by Young & Young, Land Surveyors, subject to meeting
the following one condition.
1. Submit the Open Space Conservation Easement and Covenant and Restrictions
dated September 7, 2017 filed with the Office of the Suffolk County Clerk 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.
Vice-Chairman Rich: I will turn the microphone back over to the Chairman.
Southold Town Planning Board Page 18 September 11, 2017
SITE PLANS
Determinations:
Chairman Wilcenski: One Woman Vineyard Aq Storage Barn —This Site Plan is for
the proposed construction of a 1-story 4,410 sq. ft. building for agricultural storage, and
no basement located within a 0.22 acre building envelope attached to ±18.8 acres of
farmland (SCTM#1000-51.-3-4.14) with Development Rights held by Suffolk County in
the AC Zoning District. The property is located at 19110 Soundview Ave., ±800' s/w/o
Clark Rd. & Soundview Ave., in Southold. SCTM#1000-51-3-4.14
James H. Rich III:
WHEREAS, This Site Plan is for the proposed construction of a 1-story 4,410 sq. ft.
building for agricultural storage, and no basement located within a 0.22 acre building
envelope attached to ±18.8 acres of farmland (SCTM#1000-51.-3-4.14) with
Development Rights held by Suffolk County in the AC Zoning District, Southold; and
WHEREAS, on April 11, 2017, William Kelly, authorized agent, submitted a Site Plan
Application for review; and
WHEREAS, on April 24, 2017, the Planning Board accepted the application as complete
for review and required additional information to be submitted immediately; and
WHEREAS, on May 1, 2017, William Kelly, authorized agent, submitted information as
required by the Planning Board; and
WHEREAS, on May 8, 2017, the Southold Town Planning Board, pursuant to State
Environmental Quality Review Act (SEQRA) 6 NYCRR, Part 617, determined that the
proposed action is a Type II Action pursuant to §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" and, therefore, not subject to review because the action is for the construction
of a building for agricultural equipment storage on an existing farm; and
WHEREAS, on May 17, 2017, the Planning Board, pursuant to Southold Town Code
§280-131 C., distributed the application to the required agencies for their comments;
and
WHEREAS, the proposed action is exempt from review by the Suffolk County Planning
Commission (SCPC); and
WHEREAS, on May 19, 2017, the Architectural Review Committee reviewed the
proposed project and approved it as submitted; and
Southold Town Planning Board Page J9 September 11, 2017
WHEREAS, on May 24, 2017, the Southold Town Fire Inspector reviewed and
determined that there was adequate fire protection and emergency access for the site;
and
WHEREAS, on May 31, 2017, the Southold Town Engineer reviewed the proposed
application and determined that the action meets the minimum requirements of Chapter
236 for Storm Water Management; and
WHEREAS, on June 5, 2017, a Public Hearing was held and closed; and
WHEREAS, on June 15, 2017, the Town of Southold Local Waterfront Revitalization
Program Coordinator reviewed the proposed project and determined it to be consistent
with Southold Town LWRP policies with recommendations to the Planning Board; and
WHEREAS, on June 22, 2017, the Southold Fire District provided comments that were
addressed to the satisfaction of the Planning Board and determined there was adequate
fire protection for the site; and
WHEREAS, at a Work Session on June 26, 2017, the Planning Board reviewed
comments from referrals and staff analysis and required revisions to the site plan; and
WHEREAS, on July 6, 2017, William Kelly, authorized agent, submitted revised site
plans; and
WHEREAS, on September 1, 2017, the Southold Town Chief Building Inspector
reviewed and certified the proposed Agricultural Storage building as a permitted use in
the A-C Zoning District; and
WHEREAS, on September 11, 2017, the Southold Town Planning Board determined
that all applicable requirements of the Site Plan Regulations, Article XXIV, §280 — Site
Plan Approval of the Town of Southold, have been met; therefore, be it
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.
Martin Sidor: Second.
Chairman Wilcenski: Motion made by Jim, seconded by Martin. Any discussion? All in
favor?
Ayes.
Opposed?
None.
Southold Town Planning Board Page 110 September 11, 2017
Motion carries.
James H. Rich III: And be it further
RESOLVED, that the Southold Town Planning Board approves the Site Plan entitled
"One Woman Vineyard", prepared by Jeffrey T. Butler P.E., dated February 27, 2017
and last revised June 5, 2017, with the following two (2) conditions and authorizes the
Chairman to endorse the Site Plan and the following two (2) plans:
1. Page — 1 Overall Site Plan
2. Page — 2 Site Plan Details & Lighting Plan
Conditions:
1. This Agricultural Storage Building and site plan are designed and approved
for owner use only and shall not be open to the public;
2. The subject building envelope and use thereof was created as part of the
2005 subdivision for Frank Purita and pursuant to the Covenant &
Restriction filed August 25, 2005 (Liber D00012405; Page 659) which
remains in effect.
Martin Sidor: Second.
Chairman Wilcenski: Motion made by Jim, seconded by Martin. Any discussion? All in
favor?
Ayes.
Opposed?
None.
Motion carries.
SITE PLANS - STATE ENVIRONMENTAL QUALITY REVIEW ACT
SEQRA Type Classifications/ Set Hearing:
Chairman Wilcenski: 870 Love Lane Professional Office and Apartment—This
proposed Site Plan is for the conversion of an existing two-story single family dwelling to
a 1,430 sq. ft. Professional office on the first floor and 830 sq. ft. apartment on the
second floor with nine parking stalls on 0.7 acres in the Residential Office (RO) zoning
district, Mattituck. The property is located at 870 Love Lane, in Mattituck. SCTM#1000-
140-2-17
Southold Town Planning Board Page 111 September 11, 2017
Pierce Rafferty: Mr. Chairman, I offer the following:
WHEREAS, this proposed Site Plan is for the conversion of an existing two-story single
family dwelling to a 1,296 sq. ft. professional office on the first floor and 830 sq. ft.
apartment on the second floor with nine parking stalls on 0.7 acres in the Residential
Office (RO) Zoning District, Mattituck; 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.
James H. Rich III: Second.
Chairman Wilcenski: Motion made by Pierce, seconded by Jim. Any discussion? All in
favor?
Ayes.
Opposed?
None.
Motion carries.
Pierce Rafferty: And be it further
RESOLVED, that the Southold Town Planning Board sets Monday, October 16, 2017
at 6:01 p.m. for a Public Hearing regarding the Site Plan entitled "Proposed Office &
Apartment at the Racanelli Building" prepared by Donald G. Feiler, R.A., dated August
30, 2017.
James H. Rich III: Second.
Chairman Wilcenski: Motion made by Pierce, seconded by Jim. Any discussion? All in
favor?
Ayes.
Opposed?
None.
Southold Town Planning Board Page 112 September 11, 2017
Motion carries.
OTHER
Amended Photometric Plan:
Chairman Wilcenski: New Suffolk Waterfront Fund, Inc. -This proposed Site Plan is
for the re-location, renovation and addition of 47 sq. ft. to the historic Galley Ho
restaurant building, totaling 1,725 sq. ft., to include a 66 seat restaurant and 16 slip
marina on 2.3 acres in the M-II Zoning District. The property is located at 650 First
Street, on the corner of Main Street and First Street, New Suffolk. SCTM#1000-117-8-
18
James H. Rich III:
WHEREAS, on November 17, 2014, the Southold Town Planning Board granted
Approval of the Site Plan application entitled "New Suffolk Waterfront Fund", prepared
by Stacy Marshall Paetzel, dated April 7, 2014 and last revised September 25, 2014;
and
WHEREAS, on April 26, 2016, the Planning Board sent a memorandum supporting the
issuance of a Certificate of Occupancy to the Building Department after the completion
of all site work; and
WHEREAS, on May 9, 2017, the Planning Board received a request from Stacy M.
Paetzel, authorized agent, to amend the approved photometric plan; and
WHEREAS, on May 31, 2017 staff reviewed the proposed amended photometric plan
and provided comments pursuant to §172, requiring revisions; and
WHEREAS, on July 7, 2017, Patricia McIntyre, owner, submitted revised photometric
plans for review; and
WHEREAS, at their Work Session on August 29, 2017, the Southold Town Planning
Board determined that the amended photometric plan is consistent with §172 Exterior
Lighting requirements and all applicable requirements of the Site Plan Regulations,
Article XXIV, §280 — 130 of the Town of Southold, have been met; therefore be it
RESOLVED, that the Southold Town Planning Board grants Amended Approval to the
Photometric Plan entitled "Phase 2 Lighting Plan", prepared by Stacy Marshall
Paetzel, dated May 2, 2014 and last revised June 26, 2017. The Chairman is hereby
authorized to endorse the Photometric Plan.
Martin Sidor: Second.
Chairman Wilcenski: Motion made by Jim, seconded by Marty. Any discussion? All in
favor?
Southold Town Planning Board Page 113 September 11, 2017
Ayes.
Opposed?
None.
Motion carries.
Public Hearings Continued by Court Reporter Jessica DiLallo
PUBLIC HEARINGS
Chairman Wilcenski: 6:01 p.m. - 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
Chairman Wilcenski: 6:02 p.m. - 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
Chairman Wilcenski: 6:03 p.m. - 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
Southold Town Planning Board Page 114 September 11, 2017
APPROVAL OF PLANNING BOARD MINUTES
Chairman Wilcenski: We need a motion to approve the Planning Board minutes from:
• August 14, 2017
James H. Rich III: So moved.
Pierce Rafferty: Second.
Chairman Wilcenski: Motion made by Jim, seconded by Pierce. Any discussion? All in
favor?
Ayes.
Opposed?
None.
Motion carries.
There being no further business to come before the Board, the meeting was adjourned.
Respectfully submitted,
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 September 11, 2017
6:00 P.M.
8
9
10
11
12 Board Members Present:
13
14 DONALD J. WILCENSKI, Chairman
15 JAMES H. RICH, III, Board Member
16 PIERCE RAFFERTY, Board Member
17 MARTIN H. SIDOR, Board Member
18 WILLIAM CREMERS, Board Member (Excused)
19
20
21 HEATHER LANZA, Planning Director
22 MARK TERRY, Assistant Planning Director
23 BRIAN CUMMINGS, Planner
24 ERICA BUFKINS, Planner Trainee
25 JESSICA MICHAELIS, Clerk Typist
September 11, 2017 Meeting 2
1
2
3 INDEX
4
5 HEARING PAGE
6
7 Rcc Sacred Heart 3-8
8
9 Front Street Professional Office 9-11
10
11 Tenedios Agricultural Barn 11-100
12
13
14
15
16
17
18
19
20
21
22
23
24
25
September 11, 2017 Meeting 3
1 RCC SACRED HEART
2 CHAIRMAN WILCENSKI: We have three
3 public hearing's this evening. The
4 first public hearing is for RCC
5 Sacred Heart. This proposal is for a
6 Standard Subdivision of 35.5 acres
7 into two lots for the purpose of
8 separating an existing cemetery from
9 an agricultural area, where Lot 1
10 equals 24.65 acres of agricultural
11 land, and Lot 2 equals 10.86 acres
12 and contains the cemetery of the
13 Roman Catholic Church of the Sacred
14 Heart. In addition, two lot lines of
15 the adjacent parcel belonging to the
16 Roman Catholic Church of Our Lady of
17 Ostrabama, SCTM# 1000-96-5-12.2 which
18 is Lot 3, will be relocated to allow
19 Lot 1 direct access to Depot Lane;
20 the size of Lot 3 will remain at
21 7.17 acres. The property is located
22 in the AC Zoning District at 3450
23 Depot Lane, Cutchogue.
24 SCTM# 1000-96-5-12.2 & 12.3.
25 At this time anyone from the
September 11, 2017 Meeting 4
1 audience that would like to address the
2 Board on the Roman Catholic Church in
3 Cutchogue, please step to one of the
4 podiums and state your name, write your
5 name for the record, and address the
6 Board.
7 MS. SCELFO: Good evening,
8 Mr. Chairman. My name is Rachel
9 Scelfo. I am an attorney from the
10 Law Firm of Certilman, Balin, Adler &
11 Hyman, 100 Motor Parkway, Hauppauge,
12 New York, for the applicant, RCC of
13 the Sacred Heart.
14 For the record, Mr. Chairman, I
15 have the original affidavits of
16 posting and mailing, which I would
17 like to submit along with the green
18 cards. I also have an Exhibit for
19 the Board's review, if I may step
20 up?
21 CHAIRMAN WILCENSKI: Sure. Thank
22 you.
23 MS. SCELFO: As it was stated,
24 this subdivision involves the two
25 lots at issue. Lot's 12.2 and Lot's
September 11, 2017 Meeting 5
1 12.3. 12.3 is owned by the Roman
2 Catholic Church of the Sacred Heart.
3 It is located at 3450 Depot Lane in
4 Cutchogue. The property is zoned AC
5 District. The property is currently
6 used in the front for the existing
7 cemetery use. In the rear for
8 ongoing existing agricultural use.
9 The proposal is to subdivide Lot 12.3
10 into two lots. Lot 1 would be
11 maintained for the agricultural use.
12 That is indicated in green on the
13 map. It will be 24 .64 acres. The
14 existing agricultural use will be
15 maintained. The development rights
16 are being sold to the Town. We're
17 currently in contract with the Town
18 to sell the development right's and
19 have been since June 7th of this
20 year. The property will ultimately
21 be used subject of a conservation
22 easement. Lot 2 in the front of the
23 parcel on Depot Lane will maintain
24 the existing cemetery use. No change
25 proposed. That parcel will be
September 11, 2017 Meeting 6
1 oversized at 10.8626 acres. In
2 addition to that split between the
3 cemetery use and the agricultural use
4 for purposes of the transfer of
5 development rights, there is also a
6 lot line adjustment that is occurring
7 between Lot's 12.2 and 12.3. 12.2 is
8 owned by Our Lady of Ostrabama. That
9 is the church parcel and that is
10 indicated in pink on the map. There
11 will be a land swap lot line
12 modification between the two lots.
13 The purpose of that is to create an
14 access for the new agricultural lot
15 off of Depot Lane. So that will
16 provide the access to Lot 1, the
17 agricultural use in the rear. So
18 that 50 feet, that lot line transfer
19 is occurring to provide access to
20 that newly created parcel in the
21 rear. The use of Lot 3, the Our
22 Lady of Ostrabama, will remain the
23 same. It will also remain the same
24 size that it currently is now,
25 which is 7.1682 acres. The church
September 11, 2017 Meeting 7
1 will remain on the property. No
2 changes are proposed physically to
3 any of these parcels. No buildings
4 are proposed at this time. All the
5 uses are being maintained. Other
6 than this land swap to accomplish the
7 access to the rear lot and the
8 subdivision. So that we may transfer
9 development rights to the Town for
10 the agricultural use in the rear. We
11 attended the Planning Board work
12 session on August 14th. There were
13 some minor comments, which we already
14 addressed. We haven't made a formal
15 resubmission of plans because we
16 wanted to see what your comments were
17 and what other comments may come up
18 out of this hearing. But we are
19 prepared to move forward with the
20 application. That is all I have on
21 direct presentation.
22 CHAIRMAN WILCENSKI: Thank you very
23 much.
24 Does anybody else -- would anybody
25 else like to address the Board on RCC
September 11, 2017 Meeting 8
1 Sacred Heart Cemetery?
2 (No Response. )
3 CHAIRMAN WILCENSKI: Anyone?
4 Seeing none.
5 MEMBER RICH: Mr. Chairman, I make
6 a motion that we close this hearing.
7 CHAIRMAN WILCENSKI: Motion made by
8 Jim.
9 MEMBER SIDOR: Second.
10 CHAIRMAN WILCENSKI: Seconded by
11 Martin.
12 Any discussion?
13 (No Response. )
14 CHAIRMAN WILCENSKI: All in favor?
15 MEMBER RICH: Aye.
16 MEMBER SIDOR: Aye.
17 CHAIRMAN WILCENSKI: Aye.
18 Opposed?
19 (No Response. )
20 CHAIRMAN WILCENSKI: Motion
21 carries.
22 MS. SCELFO: Thank you.
23 CHAIRMAN WILCENSKI: Thank you
24 very much.
25 *************************************
September 11, 2017 Meeting 9
1 FRONT STREET PROFESSIONAL OFFICE
2 CHAIRMAN WILCENSKI: The second public
3 hearing that we have tonight is for
4 Front Street Professional Office. This
5 proposed site plan application is to
6 demolish an existing two story dwelling
7 and construct a 5, 804 gross square foot
8 one story professional office building,
9 full basement and 16 parking stalls on
10 0.8 acres in the Residential Office (RO)
11 Zoning District. The property is located
12 at 75795 Route 25 in Greenport.
13 SCTM# 1000-45-7-5.3
14 At this time, I would ask anyone who
15 would like to address the Board, please
16 address your comments to the Board,
17 sign and write your name for the record.
18 Yes, sir?
19 MR. SOUTHARD, JR. : My name is
20 Charles W. Southard, Jr. Registered
21 architect. I am the project
22 architect. Address 435 Bay Home
23 Road, Southold, New York. Myself and
24 the two owners are here to address
25 any questions that might be asked.
September 11, 2017 Meeting 10
1 CHAIRMAN WILCENSKI: Thank you.
2 Would anybody else in the audience
3 like to address the Board on Front
4 Street Professional Office?
5 Anyone?
6 (No Response. )
7 CHAIRMAN WILCENSKI: Does staff or
8 any Board member have any questions
9 for Charles?
10 (No Response. )
11 CHAIRMAN WILCENSKI: Seeing none.
12 Hearing none.
13 MEMBER RICH: I make a motion we
14 close this hearing.
15 CHAIRMAN WILCENSKI: Motion made
16 by Jim.
17 MEMBER SIDOR: Second.
18 CHAIRMAN WILCENSKI: Seconded by
19 Martin.
20 Any discussion?
21 (No Response. )
22 CHAIRMAN WILCENSKI: All in favor?
23 MEMBER RICH: Aye.
24 MEMBER SIDOR: Aye.
25 CHAIRMAN WILCENSKI: Aye.
September 11, 2017 Meeting 11
1 Opposed?
2 (No Response. )
3 CHAIRMAN WILCENSKI: Motion
4 carries.
5 MR. SOUTHARD, JR. : Thank you.
6 CHAIRMAN WILCENSKI: Thank you
7 very much.
8 And that's it for tonight.
9 *************************************
10 TENEDIOS AGRICULTURAL BARN
11 CHAIRMAN WILCENSKI: Our third
12 public hearing is for Tenedios
13 Agricultural Barn. This Agricultural
14 Site Plan is for a proposed one story
15 8, 664 square foot building to house
16 livestock (goats, sheep and chickens)
17 and store feed, supplies and farm
18 equipment on a 34 .5 acre farm, of
19 which 29.5 acres have development
20 rights held by Southold Town and
21 5 acres have development rights
22 intact in the R-200 Zoning District.
23 The property is located at 28410
24 Route 25, Orient. SCTM#
25 1000-19-1-1.4 & 1.3.
September 11, 2017 Meeting 12
1 I have a couple of comments to
2 make before we open the floor. We've had
3 several e-mail's, letter's in the range
4 of 20 to 30 e-mail's and letters of
5 opposition and concerns for this
6 application. I would also like to
7 mention that there was posting error.
8 The first two days, there was a posting
9 that was for the Methodist Church that
10 never got taken off, but it was
11 rectified and it was posted for the
12 correct amount of time. We've got a
13 referral letter from the Trustee's. And
14 they have notified us and that they do
15 have some concerns and would like to be
16 involved. We have a letter from the
17 New York State Department of
18 Environmental Conservation, DEC. And
19 they have stated that they would -- they
20 are going to be involved. And there will
21 be permits needed for this project to go
22 forward and we would be working with them
23 at their request. What else do we have
24 here? I've got a couple of things that
25 I am hoping to try and answer a couple of
September 11, 2017 Meeting 13
1 the questions -- well, not answer, but
2 try and keep the questions -- although
3 everybody has an opportunity to speak
4 tonight. To try and keep the
5 repetitiveness or redundancy of people
6 asking or questioning the same things.
7 If you want to speak, you're more than
8 welcome. We will be here all night if we
9 have to. Some of the observations that
10 staff has already come up with that we're
11 concerned about the impacts that are from
12 the livestock, both directly and
13 indirectly, with fencing, groundwater,
14 freshwater. We're concerned about the
15 animal waste and potential negative
16 effects on groundwater and wetlands and
17 the bay. How will the animal's waste be
18 handled? These are all questions that we
19 have already developed and obviously will
20 take more of your input today. We're
21 going to be asking for mitigation
22 measures on how to handle the wetlands
23 and the groundwater. How the location
24 and the orientation of the proposed
25 building was determined? And we also had
September 11, 2017 Meeting 14
1 information given to us that there was --
2 whether special events will be held
3 there. There was apparently an
4 advertisement for a bonfire and a
5 cookout. We will have code enforcement
6 handle that. And I believe it says that
7 we are aware that this building is in a
8 flood zone. Could possibly be in a flood
9 zone. This is all information that we
10 are still gathering. Again, this is very
11 preliminary. And the last question that
12 I will throw out that, that we will be
13 addressing is will the second floor be
14 used -= or is there a second floor being
15 proposed due to the building is currently
16 28 1/2 feet tall? So with that said, I
17 would like to open the floor up. I would
18 also like to make the comment right now,
19 that due to all the information that we
20 will need and we know that we won't get
21 it tonight, we will and obviously we have
22 many people who want to speak, so we will
23 be adjourning this meeting at the end of
24 tonight after everyone speaks. And
25 adjournment means that once we gather
September 11, 2017 Meeting 15
1 enough information that we feel we can
2 bring it back to the public -- we
3 advertise all public meetings. So this
4 won't be -- the meeting won't be held
5 over. It will be adjourned until a
6 future date.
7 With that, I would like to start with
8 both sides of the room. If anybody would
9 like to, please state your name, address
10 the Board. And again, this is all being
11 recorded. So all the information you are
12 giving us, will be recorded and looked
13 into. State your name, write your name
14 for the record. And if we could start on
15 this side, and also on this side, we have
16 two podiums. Whoever wants to speak, can
17 step up to the podium so we can keep this
18 moving. Thank you.
19 MR. FOSTER: Thank you. My name
20 is Thomas Foster. I live at 21165
21 Main Road in Orient. Immediately
22 across from Latham's Farm Stand. We
23 look south towards the Bay over 30
24 acres of crop. There is dirt and mud
25 in the early spring. Dust and
September 11, 2017 Meeting 16
1 fertilizer in the late spring.
2 Constant traffic in the summer and
3 noise all year round. Yet the scenic
4 view shed and the open space provide
5 unrivaled vistas. We know this from
6 personal experience that reasonable
7 agricultural use and scenic beauty
8 can be mutually reinforcing. We are
9 pro farm. Mr. David Latham farming
10 land is farming on land that has
11 development rights intact. Neither
12 he, nor the land owners, the Tuttle
13 Family have agreements which limit or
14 curtail the use of this land. That
15 is not the case with the property in
16 question tonight. My focus will be
17 on the development rights contract
18 between the Town of Southold and
19 Maureen Cullinane approved by the
20 Town Board on April 9, 2002 and
21 recorded in the deed dated
22 May 22, 2002. This deed specifically
23 curtail's and limits the use of this
24 property. The deed provide, "use of
25 this property shall be conducted in a
September 11, 2017 Meeting 17
1 manner that does not detract from or
2 adversely effect the open space and
3 scenic value that is protected by
4 this development right's purchase and
5 easement. This covenant shall run
6 with the land in perpetuity. " These
7 sentences seem perfectly clear.
8 Quick review of the context of this
9 agreement will show unequivocally
10 that these words mean exactly what
11 they say. Our community recognizes
12 the beauty of this land and its
13 vulnerability over 40 years ago. On
14 May 22, 1974, the Town and the then
15 land owner, the Young's Family
16 entered into a scenic and
17 conservation easement, which promised
18 the Southold citizens the enjoyment
19 of the vistas provided by the farm.
20 When the family sold the property on
21 April 21, 2001 for $490, 000.00, this
22 easement lapsed. Everyone wanted to
23 know, what was Ms. Cullinane going to
24 do. At first, she proposed a modest
25 development consisting of four lots
September 11, 2017 Meeting 18
1 and significant preserved acreage.
2 According to the records of the Town
3 Board meeting held on April 9, 2002,
4 Southold Town rejected her initial
5 proposal. As Melissa Spiro
,6 representing the land preservation
7 committee testified "the committee
8 decided that they would like to see
9 more preservation and less
10 development on this parcel. " That
11 is, they wanted to make sure as much
12 agricultural land as possible was
13 preserved in addition to the scenic
14 value of the parcel. Ms. Spiro went
15 on to state that "the development
16 right's proposal we have before you
17 tonight, does meet the goal of both
18 increase agricultural and scenic
19 development rights easement. The
20 Town agreed to pay Ms. Cullinane
21 $425, 000.00. That is Southold Town
22 and Ms. Cullinane agreed that the
23 sale of these rights would reduce the
24 value of her property by 86%. She
25 bought it for $490, 000. She's
September 11, 2017 Meeting 19
1 selling the rights for $425,000. At
2 this meeting, Dick Ryan, Chairman of
3 the Land Preservation Committee
4 added, "this is probably the most
5 challenging and most intense
6 negotiation we have experienced thus
7 far. With repeated visits to the
8 property by members of the committee
9 and a lot of conversations with the
10 Planning Board, Planning staff,
11 attorney's, brainstorming on our own
12 committee. It is a fantastic
13 success. " Ms. Cullinane concurred.
14 Commenting that those representing
15 the Town were "extraordinary
16 hardworking, patient and tenacious.
17 And I am proud and pleased to live in
18 a community that has volunteers doing
19 this kind of work. " If this had been
20 a simple sale of development rights
21 for agricultural purposes, there
22 would have been no need for so many
23 site visits or challenging, intensive
24 negotiations. Obviously the key
25 element in the determination of the
September 11, 2017 Meeting 20
1 restricted language of the agreement
2 and the amount of the purchase price
3 was the open space component.
4 Ms. Cullinane gave up $425, 000.00 in
5 development rights. Almost all
6 market value of the property just
7 over a year after she had purchased
8 it for $490, 000.00. In return, she
9 deeded to her neighbors, perpetual
10 enjoyment of this parcel scenic
11 beauty. She agreed that, "use of
12 this property shall be conducted in a
13 manner that does not detract from or
14 adversely affect its open space and
15 scenic value. " As it happens,
16 Mr. Danny Latham, our farmer
17 neighbor, also farms on this
18 property. And I have never heard any
19 objections to his husbandry. His use
20 has not detracted from or adversely
21 affected the farms from open space or
22 scenic value. The proposal before
23 you tonight requests permission to
24 radically alter this use in
25 contravention of the clear language
September 11, 2017 Meeting 21
1 of the deed. Unlike most contracts,
2 development rights contracts have a
3 third party. All of us in this room
4 are partners to this contract.
5 Ms. Cullinane did not only pocket
6 $425,000 in tax money. She also
7 received a perpetual guarantee that
8 her annual property taxes would be
9 reduced to reflect the sacrifice of
10 her ability to use or abuse the land
11 however she wanted. By 2003 her
12 property taxes on this parcel were
13 500 lower. Now, as we all know that
14 the taxes on this farm are cut in
15 half, the Town budget isn't reduced.
16 Osyterpond School District, Fire
17 Department, beach, library don't get
18 less money. Rather all the rest of
19 us go up. I mean, how did we agree
20 to this? As long as we get what
21 we're paying for. Since 2002, we're
22 collectively paying thousands of
23 extra dollars a year to ensure that
24 "use of this property shall be
25 conducted in a manner that does not
September 11, 2017 Meeting 22
1 detract from or adversely effect it's
2 open space and scenic value. " We
3 would like this Board and this Town
4 to reaffirm tonight. Thank you.
5 CHAIRMAN WILCENSKI: Thank you.
6 Yes?
7 MS. O'MALLEY: Yes. My name is
8 Allison O'Malley. My address is
9 18450 County Road 48 in Cutchogue. I
10 am here tonight as not only a North
11 Fork native but also as a business
12 owner. I own and operate Eagle's
13 Neck Paddling Company out of Orient
14 Beach State Park, which as we all
15 know is in Hallock's Bay. I own a
16 paddle board and kayaking business in
17 this location. My concerns are,
18 being as my address is as it is, on
19 County Road 48, I know very, very
20 first hand about entertainment and
21 the distraction that it takes from
22 our living because I live right next
23 door to Vineyard 48 . The traffic --
24 my concerns are for the neighbors who
25 live around it. As I have seen on
September 11, 2017 Meeting 23
1 their website, that they plan on
2 educational services. Having a
3 yearly food and wine festival, among
4 other things. The traffic getting
5 onto Orient, as we all know, is hard
6 on most days anyway. It's a one lane
7 road. And that brings me to the
8 affects on my business. It's very
9 hard to get to Orient as it is.
10 Going to the park could be very
11 difficult with ferry traffic. And
12 the fact that this is on the
13 headquarters of a Narrow River. I
14 have lived here my life and I have
15 not had amnesia about what happened
16 to our bays and how they fought to
17 come back. And Hallock's Bay being
18 the prime one. Scalloping has been
19 sparse in that area as it is since
20 the brown tide. And I just implore
21 everybody not to have that same
22 amnesia that is in a flood zone. The
23 property abuts right up to it. And
24 my concern is, how much of the
25 agriculture there is -- how much is
September 11, 2017 Meeting 24
1 being farmed for vegetable's and
2 fruit and how much of the 35 acres is
3 being done for wildlife for herding
4 pigs and cattle and such? I mean,
5 there is minimums for 20 pigs for an
6 acre. Four goats for a quarter acre.
7 One acre per horse. So these are the
8 things that we need to look at. I am
9 wondering why there hasn't been a
10 study done? An environmental impact
11 study done because anything leeches
12 into the water there, you're going to
13 effect Hallock's Bay. I mean, we
14 gotten it back once. We can't think
15 that we would be so lucky to get it
16 back again. Thank you.
17 CHAIRMAN WILCENSKI: Thank you.
18 MR. HANLON: My name is Bob
19 Hanlon. I live at 28775 Main Road in
20 Orient. My wife and I own the
21 property immediately across from Main
22 Road from the Tenedios Farm. I am
23 here tonight not as an individual but
24 as the President of the Orient
25 Association. Because this project
September 11, 2017 Meeting 25
1 may have significant impacts on our
2 groundwater, our bays, scenic view
3 shed, all the people of Orient, all
4 the people of Southold are affected
5 neighbors. At this time, the Orient
6 Association is not taking a position
7 for or against this property. We
8 rarely weigh in on individual
9 projects unless they have broad
10 impact on the community as a whole.
11 We are committed to ensuring that the
12 community has a full and accurate
13 information about the views that
14 effect Orient. We urge our elected
15 and appointment officials to make
16 decisions based on a full record,
17 especially when those decisions have
18 a broad and lasting impact on our
19 hamlet and our Town. The proposal
20 under consideration lacks that full
21 and accurate information. The site
22 plan submitted seems to authorize a
23 fairly large structure on land that
24 has development rights transferred to
25 Southold. That transferring imposed
September 11, 2017 Meeting 26
1 significant restrictions and
2 covenants on the land. The proposed
3 structure will house a substantial
4 amount livestock, including meat and
5 dairy goats, pigs, sheep and
6 chickens. This is a type of level of
7 use that is new to this property.
8 This land is especially sensitive
9 because it contains wetlands. It's
10 part of New York State's designated
11 significant coast and fishing
12 habitat. Long Beach Bay also known
13 as Hallock's Bay. And the State owns
14 titled wetlands along that river. It
15 was also adjacent to New York State
16 critical environmental area
17 Hallock's Bay. These are fragile
18 ecosystems that are crucial to the
19 health and marine system and the
20 shellfishing industry community.
21 There is grave concern in the
22 community that the proposed use could
23 damage those wetlands and waters
24 because of the waste generated by a
25 livestock generation. There is also
September 11, 2017 Meeting 27
1 concern for the water needed to
2 support the proposed use may effect
3 the aquifer and increase salt water
4 intrusion. There is concern of the
5 size and location of the proposed
6 structure may seriously impair the
7 scenic view, which is required to be
8 protected under the restrictions and
9 the deed. The Planning Board has
10 determined that this project should
11 be considered a SEQRA Type II Action,
12 which waives the need for further
13 study on a range of issues affecting
14 the environment and community
15 character. This decision may have
16 been prompted from the information
17 submitted by the applicant. Some of
18 which is materially inaccurate or
19 incomplete. For example, on the site
20 plan application form, and I will
21 give you copies of the specifics.
22 The form asks, is there an existing
23 sale of development rights on the
24 property. The answer given is, no.
25 But the development rights have been
September 11, 2017 Meeting 28
1 sold. It asks, are there accessory
2 uses? The answer was, "Not
3 applicable. " But in the Suffolk
4 Times, the owner's representative's
5 said that he will host tours,
6 dinners, cooking classes, culinary
7 education programs and local food and
8 wine festival on the property. And
9 on their website lists a cook-out and
10 bonfire on the property opened to the
11 public, scheduled for October. On
12 the application for building permit,
13 Question 15 notes, Trustee approval
14 may be required. There is no record
15 in the file showing these have been
16 obtained. I know here that they will
17 be obtained and that is obviously a
18 good thing. Question 17 states,
19 "Topographical data required. " The
20 data used appears to be from 1929.
21 Not current. This land is in a flood
22 plain. Inaccurate data. Question 18
23 asks "Are there any covenants and
24 restrictions with respect to the
25 property? If yes, provide a copy. "
September 11, 2017 Meeting 29
1 The answer was left blank and no
2 documents about this are attached.
3 There are restrictions to the
4 development right's deed. On the
5 LWRP consistently assessment form,
6 the applicant has checked "Not
7 Applicable" to every question. Even
8 though many of the factors. They
9 must be addressed clearly and are
10 applicable. For example, Policy 1
11 asks, "whether the project fosters a
12 pattern of development that enhances
13 community character, preserves open
14 space, makes efficient use of
15 infrastructure, makes beneficial use
16 of a coastal location, and minimizes
17 adverse effects of development. "
18 Answer, "Not Applicable. " But deed
19 restrictions on this property due
20 require preservation of open space.
21 So that question has to be addressed.
22 Policy 3, "does it enhance visual
23 quality and protect scenic
24 resources?" Answer, "not
25 applicable. " But deed restrictions
September 11, 2017 Meeting 30
1 require protection of scenic
2 resources. So the question must be
3 answered. Policy 5, "Protect and
4 improve water quality and supply. "
5 The answer, "not applicable. " But
6 livestock near Hallock's Bay may
7 impact water quality and supply. So
8 the question must be answered.
9 Policy 6, "Protect and restore the
10 quality and function of the
11 ecosystems including Significant
12 Coastal Fish and Wildlife Habitats
13 and wetlands" answer, "not
14 applicable, " but the designated
15 habitant of Long Beach Bay (Hallock's
16 Bay) and the state and title
17 marshlands cover parts of the
18 property itself, as well as, abut
19 wide areas of the property. It must
20 be answered. Policy 8, "Minimize
21 environmental degradation from solid
22 waste and hazardous substances and
23 wastes. " Answer, "not applicable. "
24 But no provision has been indicated
25 to deal with animal and human waste
September 11, 2017 Meeting 31
1 on the property. It needs to be
2 addressed. Policy 11, "Promote
3 sustainable use of living marine
4 resources. " Answer, "not
5 applicable. " But potential
6 wastewater and flooding concerns can
7 effect living marine resources
8 especially in areas affected under
9 two state designations. The question
10 needs to be answered. On the
11 Environmental Assessment Form,
12 Question 7, asks "is the site of the
13 proposed action located in or does it
14 adjoin a State listed critical
15 environmental area?" The answer
16 given is, "no. " But it does adjoin a
17 listed area, Hallock's Bay.
18 Question 10, "will the proposed
19 action connect to existing public or
20 private water supply?" Answer, "yes.
21 Existing private water is on site. "
22 There is no indication that this is
23 adequate for the additional uses
24 proposed. Question 11, "will the
25 proposed action connect to existing
September 11, 2017 Meeting 32
1 wastewater utilities, if no, describe
2 the method for providing wastewater
3 treatment?" The answer, "no. " Not
4 require at present. However, both
5 animal and human generated wastewater
6 must be handled. It requires an
7 answer. Question 18, "does the
8 proposed action include construction
9 or other activities that result in
10 the impairment of water or other
11 liquids, " answer, "no. " Again, there
12 is no indication as to what will be
13 done with wastewater or flood water
14 when it occurs. This needs to be
15 addressed. Other documents
16 associated with this land made clear
17 that there are additional issues that
18 need to be addressed before the
19 suitability of this -- a project is
20 decided. Nearly two decades ago, the
21 Town of Southold placed this land and
22 its community preservation plan and
23 targeted it for the purchase of
24 development rights. In 2002, at a
25 hearing before the Town Board, when a
September 11, 2017 Meeting 33
1 proposed purchase of those rights,
2 land preservation director, Melissa
3 Spiro pointed out that the land
4 needed to be preserved for three
5 reasons. Agricultural preservation,
6 land of exceptional scenic value and
7 wetlands protection. That is a site
8 to where that is in the record. The
9 Town proceeded with the purchase.
10 The usage proposed in the following
11 application only relate to crops and
12 livestock. In fact, the applicant
13 claims accessory uses aren't
14 applicable. However, the
15 representative of the owner had made
16 public statements to the contrary in
17 an-article on August-4, 2017 Suffolk
18 Times. They stated that they will be
19 hosting tours, cooking classes,
20 culinary education programs and a
21 local food and wine festival on the
22 property. On the website, they are
23 advertising a fall harvest cookout
24 and bonfire to be held on the Fresh &
25 Co Farm on October 7, 2017. It is
September 11, 2017 Meeting 34
1 our understanding that no such
2 activities are permitted on land
3 where the development rights have
4 been transferred to the Town. The
5 land not included in the preserved
6 area was reserved for residential
7 use. And the deed's for using the
8 right-of-way to get to that land for
9 any, but residential purposes. This
10 project raises questions about
11 significant impacts on our bays,
12 wetlands, ground water and scenic
13 views. Members of the community have
14 already raised many questions,
15 including, Will the animal waste pose
16 a hazard to Hallock's Bay? Will the
17 waste pose a risk to our well water?
18 Is this land in a flood zone? What
19 happens to the waste if it floods?
20 How much of this project affects the
21 wetlands on the property? How will
22 it affect nearby wetlands? Why isn't
23 an independent review being done by
24 experts to assess the impact? What
25 will be stored in the barn and what
September 11, 2017 Meeting 35
1 safeguards will be planned in case of
2 a flood? If water is being drawn to
3 feed animals, will it lead to salt
4 water intrusion? Will the proposed
5 barn be an eyesore and detract from
6 scenic views protected in the deed?
7 Why isn't a view shed analysis being
8 required as it has been for other
9 projects? Will thus barn be used to
10 store equipment for elsewhere? How
11 can they hold events and other
12 non-farming activities on preserved
13 land? Because the project has been
14 designated a SEQRA Type II action, no
15 additional information is being
16 required that could address these
17 questions. The Board indicates now
18 that they may be seeking more
19 information. We applaud that. It
20 may be that the negative impacts are
21 not likely or maybe their are steps
22 that could be taken to control the
23 risks or it may be that the risks are
24 so great that the proposal must be
25 changed. We simply do not know. The
September 11, 2017 Meeting 36
1 community and this Board are entitled
2 to a complete and professional
3 analysis of the issues that have been
4 raised. To that end, we ask the
5 Board to reconsider its designation.
6 Make this a Type I action and require
7 that independent experts on these
8 topics be selected by, be retained
9 and report to this Board to address
10 these concerns about wastewater, salt
11 water intrusion, flood control,
12 scenic preservation. Only then will
13 it be possible for you to make a
14 sound decision that protects our
15 community and carries out the
16 mandates of law and Town policy.
17 Thank you.
18 CHAIRMAN WILCENSKI: Thank you.
19 Yes, ma'am?
20 MS. THOMAS: My name is Sherry
21 Thomas and I have submitted my letter
22 on the web. I live at 1055 Browns
23 Hill Road in Orient. I want to talk
24 -- I am really delighted that you
25 have already talked about animal
September 11, 2017 Meeting 37
1 waste, but I want to address you as a
2 former livestock farmer who knows
3 _ these issues and these animals quite
4 well. Raised sheep, goats, chickens,
5 pigs, steer and horses on 100 acres
6 of land. I am well aware of what is
7 required to take care of these
8 animals and what the waste issues
9 are. The proposed pre-fab barn is
10 well designed for housing horses or
11 perhaps milking cows. It is not well
12 suited for goats, sheep, chickens or
13 pigs. Beyond that, there is some
14 even more glaring omissions in these
15 applications. Assuming that this is
16 a livestock barn. No refrigeration
17 units have been scoped for this
18 process. No housing for agricultural
19 workers to take care of all those
20 animals. Especially the milking
21 goats who have to be milked twice a
22 day. No animal waste disposal
23 program. One pig for example
24 produces 1 ton of manurer a year.
25 Put 30 pigs as has been stated on
September 11, 2017 Meeting 38
1 that property for adding 30 tons of
2 high nitrogen loaded manure into
3 Narrow River and Hallock's Bay.
4 Hallock's Bay is already a fragile
5 designation. Likewise, chickens have
6 the highest nitrogen rate of any
7 domesticated farm animal. And the
8 number of chickens being talked about
9 is going to be a significant damage
10 to the water quality. What seems
11 clear to someone who has been a
12 farmer, is that this is a
13 disingenuous application. This is
14 not a livestock barn for the purposes
15 described in this application. This
16 is agro-tourism facility that is not
17 allowed on the preserved 25 acres or
18 on the single family zoning of the
19 remaining five acres. And I ask you
20 to take this under very, very serious
21 review. Thank you.
22 CHAIRMAN WILCENSKI: Thank you.
23 MR. DELUCA: Good evening, Mr.
24 Chairman. My name is Bob DeLuca and
25 I serve as president for Group For
September 11, 2017 Meeting 39
1 The East End, and I am also a
2 resident of the east end. I am here
3 today to share, I think the concerns
4 of many. I will be brief. Let me
5 just stipulate that the concerns that
6 Mr. Foster and Mr. Hanlon, clearly
7 reflect our concerns as well. Let me
8 also thank you for opening this
9 hearing and giving an indication that
10 many of the concerns that we have
11 about this project, what it means,
12 what it means in many different
13 dimensions in planning, the Board's
14 commitment into looking at that, I
15 think a lot of people came here to
16 hear. And it's not clear from just
17 looking at the records. So I want to
18 thank you very much for that. Two
19 things really that occurred to me. I
20 have the benefit or depending on how
21 you want to look at it, the torture
22 on a regular basis. And one of the
23 things that I wanted to just bring up
24 is just my experience, having spent
25 20 years on working in the South Fork
September 11, 2017 Meeting 40
1 as well as the North Fork and this
2 idea of sort of law of unintended
3 consequences. And I can tell you
4 about everything that we thought we
5 were doing when we first dealt zone
6 changes and agriculture protection.
7 All these things. A project like
8 this is a bell weather in a lot of
9 ways for where things are going. In
10 some ways, I believe we're well
11 protected by some of the stipulations
12 in the covenants, but the reality is,
13 if an applicant comes to you and just
14 breezes through an environmental
15 assessment form and says none of this
16 applies and hopes that they get away
17 with it, and then basically sends out
18 an advertising piece and says, hey,
19 you can come out and do all kinds of
20 stuff that really isn't agriculture.
21 In all that, there is a head of the
22 process where you haven't really even
23 had the time to review the concerns
24 raised by the public. That is not
25 good. It's not setting a stage for
September 11, 2017 Meeting 41
1 people who come after that applicant
2 who might do the same thing. So I
3 would just pray that when you do what
4 you're doing here, you take a close
5 look at the entire picture of how
6 easy it is to slip. You know, it's
7 agriculture. It's a barn. All of
8 these people are so concerned. Cows,
9 horses, chickens, whatever. Those of
10 us who drive by that property or ride
11 by it or run by it or see it every
12 day, know that there is a lot more
13 going on there. I think that
14 deserves the hard look to give it
15 what it demands. My last point
16 really is, SEQRA provides you as a
17 Board an opportunity to review your
18 decision. Your Type II preliminary
19 designation. And the law provides
20 very clearly when new information is
21 provided, you have the opportunity to
22 change that provisions. In the code,
23 easy to do and basically I think in a
24 case like this when you have minimal
25 information to start with, the
September 11, 2017 Meeting 42
1 opportunity provided by extending
2 this hearing and letting us put in
3 written additional information can
4 give you the opportunity to go back
5 and do what I think needs to be done
6 here, which is a proper
7 classification of this project. A
8 full SEQRA view of this project. And
9 the benefit of a full SEQRA review,
10 is all parties and all of the
11 information in one place, at one
12 time. With alternatives standing
13 next to the project and you don't
14 have to invent the process as you go
15 along. That said, if the Board can't
16 find its way there, we certainly
17 would support your investigating each
18 and every one of those opportunities
19 along the way because that's the only
20 way you can determine if this project
21 is in deed an agricultural use of an
22 agricultural preserve that would be
23 consistent with the goals of the plan
24 and all the other things that we
25 think about with the agriculture or
September 11, 2017 Meeting 43
1 if that is being a ruse to slip in a
2 project that is more bigger and over
3 time will become a headache for the
4 people of Orient as well as the
5 people surrounding it. So with that,
6 I just ask that you carefully
7 consider that and -- I know it's not
8 easy, but I thank you for the time
9 and effort and for leaving the record
10 open. Thank you.
11 CHAIRMAN WILCENSKI: Thank you.
12 MS. SOTO: Mr. Chairman and
13 Trustees. Thank you for the time. I
14 am here --
15 CHAIRMAN WILCENSKI: Sorry, your
16 name?
17 MS. SOTO: My name is Patti Soto.
18 I am a resident of Orient. And I am
19 here to read a statement from a
20 concerned citizen and a regular
21 visitor to Orient, Dr. Natalie
22 Gionelli-Exum. She is assistant
23 scientist at the Department of
24 Environmental Health and Engineering,
25 John Hopkins, Bloomberg School of
September 11, 2017 Meeting 44
1 Public Health. The statement is in
2 regard to the animal waste management
3 for livestock operations at the
4 proposed Steve Tenedios Fresh &
5 Company Barn about which we're
6 speaking. I will now read Natalie's
7 statement. "It is well known that
8 the manure production from livestock
9 operation can have consequences for
10 occupational health effects, public
11 heath effects, neighbors and adverse
12 environmental effects. While manure
13 is a valuable resource when properly
14 used for agricultural purposes, there
15 is concern for this proposed animal
16 production, that the amount of animal
17 manure produced may be too much for
18 the available land and wetland area.
19 Therefore a comprehensive approach
20 should be taken to ensure that the
21 manure and wastewater from this
22 operation will be properly managed to
23 not contaminate the surrounding
24 waters. And proper management of
25 these animal wastes may cause
September 11, 2017 Meeting 45
1 bacterial infections, antibiotic
2 resistance infections, increase human
3 exposure to inorganic arsenic and
4 dioxin like compounds that may
5 contribute to increase cancer risk
6 and non-cancer risks. The
7 environmental protection agency and
8 United State Department of
9 Agriculture rely on a comprehensive
10 suite, a voluntary programs,
11 regulatory programs, to ensure that
12 animal operations establish
13 appropriate site specific nutrient
14 management plans and will protect the
15 environment and public health. This
16 plan should include provisions for
17 handling chemicals, dead animals,
18 soil testing, safe manure spreading
19 and diverting wastewater away from
20 the farm. The plan should also
21 account for animal manure analysis
22 for its nutrient content and soil be
23 tested for phosphorus levels.
24 Therefore, it is my recommendation
25 that this plan be specified before a
September 11, 2017 Meeting 46
1 permit be given to the proposed Fresh
2 & Company Barn. Thank you for your
3 time. " And Dr. Exum thanks you for
4 your time.
5 CHAIRMAN WILCENSKI: Thank you. Yes.
6 Go ahead.
7 MS. CARTAGENA: Hello. My name is
8 Maria Cartagena. And I have a home
9 in Orient located adjacent to this
10 farm, the Tenedios Farm at 27754 Main
11 Road. I bought this property four
12 years ago, but before buying
13 property, I had been coming here for
14 the area for eight years. We chose
15 to buy this property precisely
16 because it was surrounded by
17 farmland. We wanted the tranquility
18 and lovely view quarters our location
19 provides. Having lived across two
20 farms for the past four years, I have
21 gotten o know that farming can be a
22 bit messy. I easily put up with the
23 dust and the water pumps and the
24 workers on Latham's Farm, which is in
25 front of my property. I know Danny
September 11, 2017 Meeting 47
1 Latham personally. Buy his fruits
2 and his vegetables as long as his
3 stand is open. Ellen Hook, my
4 neighbor, even make Strawberry
5 Rhubarb Jam together. And we make
6 sure to drop off a jar of our
7 homemade jam for Danny at his stand
8 every spring. When we bought the
9 home that we live in now, Maureen
10 Cullinane owned it. And she came
11 over with a dozen of her eggs from
12 her chicken farm and we became
13 friends. We even hired her company
14 to work on the landscaping of our
15 large yard, which abuts directly to
16 the farm. We were very sad to hear
17 about her passing. We were delighted
18 however to know that someone knew
19 about the farm last year and was
20 going to keep the farm going. I had
21 even gone to Fresh & Co store in New
22 York and proudly ordered a salad,
23 knowing that it literally came from
24 my backyard. I am not an expert on
25 development, but I am a journalist
September 11, 2017 Meeting 48
1 and I have written several books on
2 business. Having read the
3 application and reviewed the proposed
4 barn plans, I have many questions
5 that don't seem to be addressed
6 properly by Mr. Tenedios application.
7 I will not repeat them because Bob
8 pretty much outlined them. However,
9 I am understand that during the
i
10 meeting on August 14th, the Planning
11 Board decided a State Environmental
12 Quality Review Act submission would
13 not be required. I don't think that
14 is wise and I ask that one be
15 required before moving forward with
16 the vote on this application. Given
17 the information that we have right
18 now, I vigorously oppose the
19 production of this livestock farm and
20 am most certainly against the
21 property being used to host
22 festivals. Thank you.
23 CHAIRMAN WILCENSKI: Thank you.
24 MS. HANDS: My name is Venetia
25 Hands. I live in Browns Hill,
September 11, 2017 Meeting 49
1 Orient. Mr. Chairman, members of the
2 Board, thank you very much for being
3 here. And thank you very much for
4 what you have already told us about
5 questions that have come in and
6 information that you are going to be
7 asking this applicant to provide and
8 for adjoining this hearing. And for
9 there to be another opportunity.
10 This is very good news. I will try
11 and not repeat things. But I want to
12 say that I am extremely disappointed
13 in Mr. Tenedios. It is my hope that
14 at the end of this hearing, perhaps
15 at even this point of the hearing, he
16 will withdraw his application. At
17 least until he can resubmit it with
18 bullet proof plans to ensure all the
19 concerns that are being raised here
20 are being taken care of. When I saw
21 the Fresh & Co Signs, I like Fresh &
22 Co. I have bought many meals there.
23 So I went to their website. It talks
24 about sourcing from local partners
25 they know and trust. And it says,
September 11, 2017 Meeting 50
1 "when it comes to people and food,
2 it's what inside that counts. That
3 is why we serve pure foods that are
4 free from synthetic fertilizers,
5 antibiotics pesticides and other
6 additives. We also believe in the
7 importance of supporting local
8 families. Family farms that are
9 comitted to sustainable practices. "
10 That is the source of my
11 disappointment in Mr. Tenedios.
12 Because then we got this application
13 for this huge barn, and this un-yet
14 specified numbers of chickens, goat,
15 sheep and pigs that aren't on the
16 farm. It is adequate for all the
17 reasons that you have heard already
18 and will probably hear again. How
19 can Mr. Tenedios profess those values
20 and beliefs, yet to seem have no
21 awareness or sensitively of the this
22 piece of land.
23 Mr. Chairman, Members of the
24 Board, I am glad you are going to
25 proceed as cautiously as I think you
September 11, 2017 Meeting 51
1 are saying. We owe it to all those
2 who have worked hard to protect this
3 land, to protect so much in Southold.
4 And we owe it to the legacy of
5 Maureen. Thank you.
6 CHAIRMAN WILCENSKI: Thank you
7 MS. MCNEALY: Hello. My name is
8 Ellen McNealy, and I live at 70
9 Vincent Street in Orient. And I am a
10 member of the board of The Orient
11 Association and the Oyster Farm
12 Community Association. I wanted to
13 give maps, put maps up to show for
14 context. Because I am not sure that
15 everyone is really familiar with the
16 material that has been discussed. So
17 some of these maps, you have seen.
18 Some you may not have seen. I have
19 copies for you. I don't plan to
20 discuss them, except what they are.
21 Simply for information purposes for
22 the people that are here. May I
23 present them to you?
24 CHAIRMAN WILCENSKI: Yes. Thank you.
25 MS. MCNEALY: That map refers to
September 11, 2017 Meeting 52
1 potential development in Orient.
2 Shows the particular property that is
3 being discussed. As being adjacent
4 to the end of Narrow River on Narrow
5 River Road. Right there. The next
6 piece is that one. Which was created
7 by the Department of State, GIS
8 Department and shows significant
9 coastal fish and wildlife habitat.
10 With many of the lakes going up into
11 that property. As the little fingers
12 going up into the map. The next one
13 is Nitrogen. This is produced by the
14 Nature Conservancy and estimates that
15 there is 77% of Nitrogen entering
16 Narrow River from that particular
17 area, moving into the Hallock's Bay.
18 The next map prepared by Peconic
19 Green Growth shows the depth of
20 groundwater at that point, which the
21 yellow areas shows 0-3 feet. And the
22 red area, 0-1 foot. The area in the
23 black shows how close it is to the
24 ground water. The next one is also
25 Peconic Green Growth and it's called
September 11, 2017 Meeting 53
1 Influence Zones. Sorry. That is the
2 wrong one. Oh, well. Shows that the
3 entirety of that property is in he AE
4 Zone as you can see. The 50 year
5 flood zone. We have -- Hurricane
6 Sandy, which came up my driveway on
7 Vincent Street, which is 400 feet in
8 from the Bay, shows that this is
9 deeply in the flood zone in that
10 area. The next one is the Influence
11 Zone that I was talking about
12 earlier. It shows how quickly
13 whatever happens on that property
14 influences in that certain area. So
15 that is 1-2 years for the most part.
16 So everything at that point
17 percolates into the ground water and
18 makes it way into the bay rapidly.
19 So I think that is about it. I
20 hope that is informative. Thank you.
21 CHAIRMAN WILCENSKI: Thank you.
22 MS. SABATINO: My name is Linda
23 Sabatino. My husband and I live at
24 27756 Main Road, Orient, New York,
25 which is adjacent to this proposed
September 11, 2017 Meeting 54
1 site. We are attending the Southold
2 Town Planning Board meeting tonight
3 to state our opposition to the
4 proposed barn on preserved land
5 adjacent property. We have lived in
6 the adjoining property for over 30
7 years. We have supported local
8 farming efforts during that whole
9 entire time. We are opposing the
10 size of the proposed barn for the
11 following reasons. The proposed barn,
12 is on development rights sold land.
13 Paid for by taxpayers money. This
14 proposal will put a large building on
15 prime agriculture soil. The proposed
16 barn is in addition to the buildings,
17 in which the applicant states will
18 remain on the property. The addition
19 of the barn will increase the
20 building coverage 1,752 square feet
21 to a total of 10, 896 feet. Six times
22 the current amount. Such a large
23 barn disrupts the scenic view shed.
24 One of the reasons the development
25 rights for this property were
September 11, 2017 Meeting 55
1 purchased to protect this unique
2 scenic view. The survey shows that
3 there are wetlands on the property
4 and bordering three sides. Such a
5 dramatic increase in livestock
6 farming has the potential to
7 negatively impact Narrow River and
8 adjacent bodies of water. The
9 applicant has stated in news reports
10 that he intends to structure for
11 selling products and holding various
12 events that are not permitted on
13 development rights sold land. For
14 these reasons, we ask the Southold
15 Town Planning Board to not grant this
16 building application until it hs been
17 more thoroughly reviewed and
18 evaluation and it's reviewed by the
19 Land Preservation Committee. Thank
20 you.
21 CHAIRMAN WILCENSKI: Thank you.
22 MS. SABATINO: I also have a
23 letter from our neighbor who wasn't
24 able to come here today.
25 CHAIRMAN WILCENSKI: You can just
September 11, 2017 Meeting 56
1 submit that to us and we will enter
2 that into the record.
3 MS. SABATINO: She already sent
4 it, but she would like it read. This
5 letter is from Colleen McDonald and
6 Ellen Hook and they live at 27775
7 Main Road, Orient, New York. And
8 again, this is adjacent to the
9 proposed site. We are writing to
10 express our opposition to the
11 proposed 9, 000 square foot barn on
12 Maureen Cullinane former property to
13 house chicken, sheep, goats, supplies
14 and farm equipment. Fresh & Company,
15 the company that owns the property
16 has also stated in a press release
17 dated August 1, 2017 that the
18 building and property will also host
19 events significant in scale,
20 including tourism. Cooking classes,
21 culinary education programs and local
22 food and wine festivals on the
23 location. The Town of Southold paid
24 Maureen $425, 000.00 of taxpayer funds
25 and listed it on the Town's Community
September 11, 2017 Meeting 57
1 Preservation project land, as
2 property that should be preserved for
3 its agricultural value. In addition
4 to a scenic from wetlands. When we
5 received the official notice from the
6 Town Planning Board of the
7 application and pieced together the
8 two page map to get a clearer
9 understanding of this size and
10 location of this huge structure, we
11 realized that this was no local
12 ordinary community farm. This is
13 clearly a large scale commercial
14 operation. Apparently the applicant
15 was granted a SEQRA Type II status.
16 This exempts the owner from more
17 detailed environmental review. Did
18 the Town Board know the use and
19 intentions by the owner? You have
20 heard this before. Again, when the
21 application asked whether the
22 property bordered an environmental
23 area, they responded -- the response
24 from the application was, "no. " When
25 asked whether the proposed action
September 11, 2017 Meeting 58
1 will result in a substantial increase
2 in traffic, the application said,
3 "no. " Hallock's Bay is a beautiful
4 asset to Southold Town. All of us
5 have enjoyed swimming, shellfishing
6 and hiking there. What the public
7 enjoys could be endangered if this
8 application is approved because the
9 critically sensitive levels of
10 Nitrogen are already measured in
11 Hallock's Bay. Any more Nitrogen
12 that is currently produced could doom
13 the waters to algae and cause the
14 death of ecosystem there. The river
15 feeds right into Hallock's Bay. The
16 wetlands which go directly into
17 Narrow River are actually on the
18 property. The water table is
19 actually so close to this property,
20 and yet the applicant wrote not
21 applicable on the application. USDA
22 Natural Resource Service, RCA states
23 that the animal liter from a typical
24 house of 22, 000 birds contain as much
25 phosphorus and sewage as much as
September 11, 2017 Meeting 59
1 community of 6, 000 people. Would the
2 Town allow a huge residential complex
3 housing of 7, 000 people to exist on
4 wetlands on Hallock's Bay? And how
5 much water will a commercial farm of
6 animals require? What happens to the
7 aquifer that supports our homes? Or
8 would the amount of water draw an
9 increase in scale? (Inaudible) . The
10 applicant does not appear to be
11 acting in good faith when the
12 marketing materials say one thing and
13 the application says another. The
14 applicant owns a chain of restaurants
15 in New York City and this is where
16 the marketing will take place as well
17 as locally. Is the Town going to
18 allow a large scale commercial
19 operation in a location that they
20 have spent so money to preserve?
21 "The horse is already out of the
22 barn, " so to speak. At the very
23 least, the SEQRA should be elevated
24 to a Type I, so there could be a more
25 thorough environmental review and
September 11, 2017 Meeting 60
1 more thorough disclosure of the
2 potential uses. Therefore we would
3 recommend that the application not
4 be approved. And again, this is
5 from Colleen McDonald and Ellen Hook.
6 CHAIRMAN WILCENSKI: Thank you.
7 MS. BOSTIC: Mr. Chairman, Members
8 of the Board. Can you hear me?
9 CHAIRMAN WILCENSKI: Yes.
10 MS. BOSTIC: Great. Our home is
11 at 5305 -- my name is Anbriele Floyd
12 Bostic. Our home is at 5305 Narrow
13 River Road. So we will be close
14 neighbors of this proposed livestock
15 operation. I have two young
16 children, who like I do, drink our
17 well water. And like I do, in the
18 summer, swim in Hallock's Bay.
19 Almost every day. So you can imagine
20 how concerned I was when I heard
21 about this proposal. I am relieved
22 to hear and see how much thought
23 you're putting into this proposal.
24 That you have already had concerns
25 and have already listed your
September 11, 2017 Meeting 61
1 questions. I am also relieved that
2 so many among us are better public
3 speakers than I am, have already
4 addressed a lot of my concerns. I
5 would like to mention to you that I
6 did start a petition on Friday
7 afternoon out of sort of desperation
8 to do something about this. And I
9 would like to read that to you for
10 the record. I move to deny
11 permission to Tenedios and Fresh &
12 Co, to build a livestock farm on
13 preserved land at 28140 Main Road,
14 Orient. Based on concern for
15 environmental impact for the titled
16 and freshwater wetlands, fish and
17 wildlife habitats, as well as
18 aquifer. Proximity to and inclusion
19 of flood zones, freshwater wetlands
20 and saltwater wetlands makes this
21 property inappropriate for raising
22 livestock. The proposed 9, 000
23 livestock barn for Steve Tenedios and
24 Fresh & Co, should be denied among
25 other reasons because it would
September 11, 2017 Meeting 62
1 directly contradict the deeded sale
2 of development rights to the Town of
3 Southold. In that it would detract
4 from or adversely effect the open
5 space and scenic value that is
6 protected by this development rights
7 purchase and easement. I will let
8 you know that when I sent this out
9 Friday afternoon, I was hoping for 50
10 friends to sign. And when I walked
11 in here tonight, we had 699
12 signatures. These are our neighbors.
13 And these are the tourists that come
14 here as well, but these are mostly
15 our neighbors. I would like to bring
16 you this.
17 CHAIRMAN WILCENSKI: Sure. Thank
18 you.
19 MS. WACHSBERGER: Freddy
20 Wachsberger. I live on Orchard
21 Street in Orient. I am going to hand
22 this in. So I am going to skip
23 reading stuff. It's just an
24 application. However, as the
25 applicant has announced his intention
September 11, 2017 Meeting 63
1 to hold events on the property, which
2 would be illegal under the terms of
3 the deed, the proposed building is
4 propose and designed for events. The
5 Planning Board should determine that
6 this application be revised or
7 withdrawn. Too often in my
8 experience, applications have been
9 permitted to be pursued for months,
10 even years. That should have been
11 identified at the beginning. The
12 Board should not ignore the published
13 intentions the applicant to hold
14 public events on the property. And
15 should make very clear that such uses
16 are prohibited by the terms of
17 Southold Town's purchase of
18 development rights and that they will
19 not be tolerated. With Orient's
20 single road that are already impacted
21 by ferry traffic, such events would
22 be unattendable. If the applicant
23 will not agree to accept this
24 restriction unconditionally, this
25 application should be withdrawn.
September 11, 2017 Meeting 64
1 Orient has some of the richest
2 farmland on Long Island. Even
3 without the proposed events, this
4 applicant suggest a serious change
5 and kind of scale of farming
6 practices traditionally utilized
7 here. The change which potentially
8 threatens the stated purpose of
9 Southold Town's Resolution 208,
10 protection of the environment and
11 scenic vistas. This project should
12 not be permitted to go forward at all
13 unless these questions are answered
14 satisfactorily.
15 CHAIRMAN WILCENSKI: Thank you.
16 MS. BERRY: My name is Glennis
17 Berry. I am an architect and
18 planner. I live at 24190 Main Road
19 in Orient. And I am here
20 representing the Non-profit Peconic
21 Green Growth. I will try -- there
22 might be a little bit of repetition.
23 But I will skip some sections. The
24 SEQRA classification should be Type I
25 for this proposal due to the
September 11, 2017 Meeting 65
1 environment sensitivity of the site
2 and the deed restrictions. While an
3 exception in SEQRA exists for farm
4 practices, the critical nature of the
5 local environment should trump this
6 exception. The proposed uses on this
7 site will have detrimental impacts on
8 local shellfish and fin fish
9 populations. As well as the
10 recreational uses and scenic appeal
11 of Hallock's Bay. This project
12 pitches two historic occupants
13 against each other. Farming versus
14 fishing. This project could kill
15 Hallock's Bay. This project should
16 also ne reviewed for consistency with
17 the Local Waterfront Revitalization
18 Program. Agriculture is not one of
19 the exemptions listed in Section
20 268-3. Surface water quality. Where
21 Narrow River feeds into Hallock's
22 Bay, also known as Long Beach Bay on
23 some of the maps. The waters are
24 uncertified for shellfishing
25 pathogens. Effort should be made to
September 11, 2017 Meeting 66
1 improve water quality here. Not
2 further degrade it. Hallock's Bay is
3 also the site of Cornell
4 cooperative's efforts to recede
5 scallops after shellfish decimation
6 due to Brown tides in 1990's.
7 Nutrient loading. Excess Nitrogen
8 causes alga blooms that deplete the
9 oxygen in the water and create
10 toxins. They have caused fish kills
11 and shellfish die-off's. Excess
12 nutrients are also a contributing
13 factor to the local loss of eel
14 egrets, which provides habitat.
15 Along the coastline, a Nitrogen level
16 of 0.445 milligrams of liter is
17 considered the -- the maximum limit
18 for healthy waters. And I've got
19 some illustrations in the letter for
20 you. And it shows that in Hallock's
21 Bay, it's hovering at this. It's the
22 .31 to .45. The only places in the
23 Peconic Estuary that are worse, are
24 on the far western side. Edge of the
25 Peconic Estuary. Only by protecting
September 11, 2017 Meeting 67
1 water quality can we ensure a healthy
2 ecosystem. Ellen already talked
3 about the source in this water. The
4 potential Nitrogen loading. This
5 area is allocated in R200 Zoning
6 Category due to the fragility of the
7 environmental conditions. It
8 includes the five acre residential
9 parcel. There are 30 acres of land
10 excluding the 4 .5 on site wetlands.
11 Again, there is a discrepancy between
12 your own website and this
13 application. On their own website it
14 says that there are 4 .5 acres of
15 wetlands. Not the 2 that are on this
16 application. So if this property had
17 been developed under the 200
18 residential zoning, at the maximum
19 six homes would have been allowed.
20 So I took a look at what expected
21 Nitrogen loading could be from the
22 original zoning and from what
23 Maureen had. So what could happen.
24 And my numbers are assumptions
25 because the application doesn't
September 11, 2017 Meeting 68
1 include numbers and intensity. So it
2 could be much worse than what I am
3 saying in fact. So if you look at
4 just residential use, you could
5 expect 135 pounds of Nitrogen to come
6 from that development. I assumed
7 from Maureen's operations, 400
8 chickens, five goats, one horse and
9 25 acres of crop, and I came up with
10 956 pounds of Nitrogen per year. And
11 the potential, I assumed 300
12 chickens, 50 goats, 3 pigs, 50 sheep,
13 2 dairy cows and 20 acres of crop,
14 and I came up with 2.760 pounds of
15 Nitrogen per year. And there is no
16 limit to the intensity. So this
17 number could be low. The proposed
18 usage could create as much Nitrogen
19 loading as a population of 306, which
20 is half the population of Orient. If
21 the Nitrogen is not treated, managed
22 properly and/or removed from this
23 site, mitigation is needed. One
24 would need to treat 228 homes with
25 enhanced onsite wastewater systems at
September 11, 2017 Meeting 69
1 a cost of 4 1/2 million dollars to
2 reach a Nitrogen load as measured
3 from the original. That is a lot of
4 mitigation that could happen. There
5 are other ways of mitigating
6 agricultural loads, which should be
7 required at the owners expense if
8 this project proceeds. And I have
9 attached Chesapeake Bay watershed.
10 They have done a lot of study on
11 agricultural impacts on the water
12 quality. And they have a long list
13 of action items to mitigate
14 agricultural uses. And I will give
15 you a copy of that. The quantity of
16 water should also be looked at, as
17 well as the quality. And there is
18 studies that are going on right now
19 for Long Island that show that the
20 interface between fresh and saltwater
21 is moving inland and will be further
22 effected by sea level rise.
23 Machinery and fueling. The project
24 indicates that a large section of the
25 barn will hold equipment. Does the
September 11, 2017 Meeting 70
1 machinery include vehicles and
2 tractors and the storage of hazardous
3 materials on site should be located
4 and the containment detailed.
5 Machinery for cheese production,
6 which was mentioned somewhere, or
7 other processing, allowable uses
8 should be detailed for land and on
9 top of that, protection against
10 flooding should be part of any plan.
11 Flooding has already been discussed.
12 But they propose a couple of leaching
13 pits to catch storm water on the
14 plan. The storm water drainage
15 system shown requires a minimum of 7
16 feet of depths as a 3 foot clearance
17 is required for the bottom of any
18 kind of leaching apparatus. The
19 structures as proposed are basically
20 injecting runoff directly into the
21 aquifer. we recommend that vegetated
22 (Inaudible) be used instead. Air
23 quality. And I am quoting from an
24 extension document. "Air quality
25 concerns arise from odors, articulate
September 11, 2017 Meeting 71
1 matter and pathogens. Manure can
2 result in odor and may react with
3 other compounds in the atmosphere
4 produced in particulate matter, which
5 can effect the environment and public
6 health. There are a variety of other
7 compounds released from manure, such
8 as hydrogen, sulfide, green house
9 gases, methane and nitrous oxide and
10 some volatile organic compounds that
11 can also cause air quality concerns.
12 Particulate matter that arises from
13 dust and reaction from ammonia with
14 other compounds in the atmosphere are
15 also concern. " I will skip the uses.
16 Although while intensity of use has
17 not been regulated, it should be a
18 part of the environmental and quality
19 of life issues evaluated by the
20 Planning Board until the code
21 incorporates such language. Because
22 right now, once you list agriculture,
23 there is no limit. Need for changes
24 to zoning -- sorry. As was discussed
25 in outreach during the development of
September 11, 2017 Meeting 72
1 the Town's Master Plan, there was a
2 further defined categorized
3 agriculture as it related to zoning.
4 This should be combined with the
5 nutrient loading plan. For instance,
6 as agriculture is supported, the
7 Nitrogen loading in the area should
8 compensate for the excess, because it
9 will excess. Such as lower densities
10 requiring best management practices
11 or the provision of enhanced
12 treatment of onsite wastewater.
13 Considering locations for
14 environmental sensitivity, such as
15 proximity to surface waters and
16 susceptibility to saltwater intrusion
17 from pumping, we suggest evaluating
18 more restrictive zoning should be
19 applied. Please consider the use of
20 more refined agricultural categories.
21 Such as livestock, nursery stock,
22 food stocks, vineyards and fields and
23 agro-tourism. The Town has done a
24 good job of protecting small
25 businesses from the big stores. It
September 11, 2017 Meeting 73
1 needs to do the same with farming.
2 To suggest a moratorium be suggested
3 by the Board, as farms are now
4 changing ownership and we can expect
5 more proposals, such as this one. I
6 have some specific comments on the
7 plan. The scope of the use needs to
8 be further defined. I will skip
9 that. And the plans of the building,
10 I heard that one section is going to
11 be climate controlled and that is
12 where they're listing hay storage.
13 So no stairs. No human bathrooms.
14 Nothing is shown. They should
15 provide sections as well as second
16 floor plans. Also the site
17 evaluation combines the homestead
18 parcel with the protective parcels.
19 It should separate the two. As the
20 development and limitations will
21 vary. We respectfully request that
22 the Board consider the impacts of
23 this project on water quality and
24 quantity thoroughly, as well as uses,
25 traffic and scenic quality.
September 11, 2017 Meeting 74
1 CHAIRMAN WILCENSKI: Do you have
2 anything else?
3 MS. BERRY: No.
4 CHAIRMAN WILCENSKI: Thank you.
5 MS. NOVACK: Hi. Thank you,
6 Mr. Chairman and Members of the
7 Planning Board for hearing us out.
8 My name is Chris Novack. I am a long
9 term, full-time resident of Orient.
10 My property overlooks the farm in
11 question. One of the most critical
12 sites on the North Fork and the lynch
13 pins that becomes Narrow River and
14 flows into Hallock's Bay. Maureen
15 Cullinane worked her heart out and
16 became a real farmer. You became a
17 real pillar of the Orient Community.
18 Her farm, her corner of Narrow River
19 is sacred ground to hundreds of us
20 that live here. Mr. Tenedios, if
21 that is how you pronounce it, showing
22 his colors as a fake farmer. Hiding
23 behind a slick corporate brand Fresh
24 & Co. This farm seems -- looks like
25 nothing more than a P.R by an
September 11, 2017 Meeting 75
1 aggressive cynical corporation that
2 shows no intention of respecting
3 community, it's government or its
4 laws. Gentleman of the Planning
5 Board, please tell Mr. Tenedios that
6 we are not fooled. We know what
7 field kitchens are. There restaurant
8 like celebrity event places. We know
9 what a barn can be used for and what
10 it can hide. We know that the cute
11 animals are easily just a ruse. This
12 is how you build a fake brand. But
13 brand trust is a fragile thing. If
14 you lie, if you violate and soil this
15 particular piece of land or soiling
16 our groundwater, wetlands and our
17 bays in Orient Community will hold no
18 problem publishing the truth about
19 Fresh & Co, not just locally but
20 nationally. This application is
21 outrageous and it openly mocks all of
22 us in this room. He mocks every one
23 of us who have worked so hard to
24 build this community and character.
25 He is mocking you the Planning Board,
September 11, 2017 Meeting 76
1 the Land Preservation Committee, the
2 Zoning Board, the Trustees, the
3 Supervisor, the Town Board. All the
4 other communities. The DEC, the
5 Department of Health. All of the
6 wonderful ecological and development
7 organizations that are in this room
8 today and the citizens or Orient and
9 Town of Southold, he is mocking the
10 real farmers that have worked that
11 land since the 1700's. And is mocking
12 every one of us who is ever worked
13 down the road, gone to the beach,
14 boated on Hallock's Bay or used the
15 State park. Mr. Wilcenski, Members
16 of the Planning Board, this
17 application as submitted is not
18 appropriate in Orient. If it's not
19 withdrawn, please deny it. To all
20 those who have worked so hard to keep
21 this property in the first place.
22 And always to the legacy of Maureen
23 Cullinane. Thank you.
24 CHAIRMAN WILCENSKI: Thank you.
25 MR. HOLZAPFEL: My name is John
September 11, 2017 Meeting 77
1 Holzapfel. I live at 48 Cardinal
2 Lane in Greenport. And you started
3 the meeting with a number of objects
4 and thoughts about the application in
5 front of us, and what you knew about
6 it. We have heard from everybody at
7 least six or seven times, the similar
8 message. And I think it's obvious to
9 everyone here and everybody on the
10 Board on what is happening. Very
11 specifically, the application has
12 falsehoods on it. There is no doubt
13 about it. You know it. We know it.
14 It has been pointed out to you again
15 and again by both Bob's. And they
16 have made it very clear in the
17 application. And what I am saying
18 now, we can save a lot of time of
19 hearing the same thing again and
20 again if you simply vote right now to
21 deny the application. You have the
22 right to do that. Let me finish.
23 CHAIRMAN WILCENSKI: Please --
24 everybody has an opportunity to finish
25 tonight.
September 11, 2017 Meeting 78
1 MR. HOLZAPFEL: I am not -- my
2 point is, I think you have the right
3 and you can deny the application now
4 and it might be the best thing. Let
5 him go back. Let him go back and
6 answer all of our questions. He
7 knows the questions to put in front
8 of him. He knows now. His lawyer
9 knows now the questions that are out
10 there for the application. It's not
11 going to make any difference for
12 three more hours if we stay here and
13 say the same thing. So again, I am
14 just asking you to consider ending
15 there application right now.
16 CHAIRMAN WILCENSKI: Thank you.
17 MR. LESLIE: My name is Richard
18 Leslie. Just give me a second here.
19 I live in Orient my entire 78 years.
20 My family settled in Oysterpond 300
21 years ago. My family are Latham,
22 King's, Young's, Terry's and
23 Tuttle's. Daniel Latham is my first
24 cousin. Our families have been
25 excellent stewards of this prestige
September 11, 2017 Meeting 79
1 community all of this time. My great
2 grandfather Charlie Young, dug all
3 the mosquito ditches in Broad Meadow
4 in the 20's and 30's. My uncle Ed
5 Latham put up the dikes around Broad
6 Meadow's Narrow River and Hallock's
7 Bay after the second devastating
8 hurricane in five years inundated our
9 Town with saltwater. He did this in
10 '46 and '47.• These ditches and dikes
11 protect us all till this day. And
12 they were done with out any Federal,
13 State, County or Town funding. It
14 put our family in debt for a decade.
15 My uncle Ed Latham, now deceased, a
16 lifelong farmer purchased Broad
17 Meadow from the Heath Family Estate
18 in the early 70's with the sole idea
19 of protecting it forever. The State
20 subsequently took it by eminent
21 domain with the idea of protecting it
22 in perpetuity. Broad Meadow covers
23 both sides of Narrow River Road. It
24 extends from the Latham Farm's road
25 to Robin Road and covers most of the
September 11, 2017 Meeting 80
1 parcel that is discussion for the
2 development. It is the nursery that
3 provides for the beginning of life to
4 Narrow River and fends to Hallock's
5 Bay and beyond. We knew it's value
6 and important 300 years ago. We knew
7 it when I was a kid. And we know it
8 now. Without this Salt Meadow, our
9 way of life here will certainly end.
10 You will never again witness the
11 merry of sea life that has sustained
12 us. Soft shell clams. Pretty much
13 gone. Scallops, mostly gone. This
14 is the nursery for bluefish and bass
15 and the best damn clamming grounds in
16 all of Southold Town. And the
17 majestic osprey who migrate from
18 Costa Rica, Guatemala and Honduras
19 will be gone. They will have nothing
20 more to eat. The proposed
21 development and let's call it what it
22 is, development must be stopped in
23 its tracks. And stopped now. Please
24 don't go looking for ways to modify
25 it or downsize it, just say, no. And
September 11, 2017 Meeting 81
1 you must mean it and be prepared to
2 defend that decision in Court. The
3 developer has already flaunted many
4 rules you're supposed to enforce.
5 Since this application has been
6 pending, the applicant has moved in
7 nine small buildings. Last week they
8 moved in tents. The last one has
9 windows. Now I know goats are very
10 intelligent, but I never knew they
11 liked to live in buildings with
12 windows. Of course we always knew
13 that goat keepers do need windows in
14 their living quarters. All these
15 buildings are very carefully under
16 100 square feet in order to not
17 violate Town Code. Brush has been
18 cleared within the last 20 days in
19 violation of your rules. Fences have
20 been erected and spy cameras have
21 been installed. All of this while
22 your signs are posted explicitly
23 barring such activity. What is this
24 building for? What is to be housed
25 in it? What is to be stored in it?
September 11, 2017 Meeting 82
1 Many of us, as you have heard here
2 tonight, believe this building to be
3 used for agra-entertainment. Fresh &
4 Co has promoted until this day that
5 they plan to have a cookout and
6 bonfire on this October 7th. We have
7 been told by Town officials that this
8 will not be permitted, yet we have no
9 indication that the applicant has
10 displayed that they have canceled
11 this event. In fact, it's actively
12 being promoted on the world wide web.
13 Fresh & Co has made no bones about
14 their intent to hold cooking classes,
15 wine and cheese festivals and other
16 public events on this protected land.
17 This is a travesty. We in Orient
18 will not stand by and let this
19 destruction of our wetlands happen.
20 We will fight it within our legal
21 power. We don't want to fight the
22 Town as well. We want you to stand
23 up and simply say, no. Environmental
24 counsel is not in favor of this, nor
25 is the group for the east end. And
September 11, 2017 Meeting 83
1 just as you have heard earlier, a
2 petition circulated to say, no.
3 Which in just these few days has
4 generated 699 -- and I am sure it's
5 now 700 signatures. This means that
6 roughly 85% of Orienter's are opposed
7 to this development. We have never
8 been more unified. Please listen to
9 your public and listen to your
10 constituents and just say, no. Thank
11 you very much.
12 CHAIRMAN WILCENSKI: Thank you.
13 Jay?
14 MR. BREDEMEYER: Good evening. My
15 name John Bredemeyer. I live at 425
16 Old Farm Road. I have the distinct
17 pleasure of being a Town Trustee for
18 18 years. I am past/present and the
19 current Vice President, Chairman,
20 Mike Domino asked that I speak to you
21 briefly. I am not really here in the
22 capacity as a Trustee. But I wanted
23 to just give you some background
24 information. And since everything
25 that has been said this evening, I
September 11, 2017 Meeting 84
1 couldn't agreed more with. I just
2 wanted to give you a little bit
3 information on the shellfishing
4 status of Narrow River itself. I
5 chair the Town's Shellfish advisor
6 Committee, and as its Chair, I also
7 have the pleasure of working with a
8 bunch of retired professionals. We
9 have two engineers on that committee.
10 We have a retired engineer that also
11 monitors the meeting. We have two
12 agriculturists. We have myself in
13 public and environmental health. And
14 we have a retiree from the general
15 County office and we have a retired
16 Colon/Rectal Surgeon. Now I kid
17 these people, they can run a small
18 country, and it's true. They could.
19 We have been working hard. We have
20 been out sampling the waters. Right
21 now, pending the DEC, potentials
22 change in the status of Narrow River
23 because people are doing the right
24 thing. They're picking up after
25 their pets. They're monitoring their
September 11, 2017 Meeting 85
1 land use practices, agriculture's
2 change in town. People have been
3 putting in more buffers. We have
4 been working hard. So we want you to
5 know that this sort of an application
6 teeters us and puts us on the bring
7 to be lost in the very small days
8 that we make acre by acre. The other
9 thing that I wanted to share with you
10 is an experience that I had working
11 with the Health Department where we
12 were involved with the Peconic
13 Estuary Program. When the toxic
14 pesticide had been outlawed, I was
15 approached by the water quality
16 people to -- they were concerned that
17 they heard that this particular
18 agriculture -- which was so damaging
19 to the drinking water supply might be
20 getting into our bays and estuary' s.
21 And they sought my advice as to where
22 they could possibly find it in
23 surface waters. To give you an idea
24 about the extreme proximity of the
25 link of this property and Hallock's
September 11, 2017 Meeting 86
1 Bay, the stream on the property is
2 one of the only sites on Suffolk
3 County where we pulled pesticides.
4 So you rest assured that anything you
5 do on the land is going in the water.
6 I know you have the Board's comments.
7 The Trustee's will obviously work
8 with the Planning Board and
9 appreciate this opportunity to speak
10 with you.
11 CHAIRMAN WILCENSKI: Thank you,
12 Jim.
13 MR. FAGAN: Hi, my name is Louis
14 Fagan and I live on 1515 Plum Island
15 Lane in Orient. And I just have a
16 comment to make. Do you realize that
17 there is already livestock on the
18 south end of that farm and its
19 wetlands? That's my question.
20 CHAIRMAN WILCENSKI: Yes, we're aware
21 of that.
22 MR. FAGAN: How did they get away
23 with it? That is my question.
24 CHAIRMAN WILCENSKI: We are going
25 through the site plan process now.
September 11, 2017 Meeting 87
1 MR. FAGAN: Thank you.
2 CHAIRMAN WILCENSKI: Anybody else?
3 MS. WHITSIT: My name is Diana
4 Whitsit. I live at 36505 Main Road.
5 I am owner of farmland that goes from
6 the sound to the bay. And we have
7 been farming that land for 300 years.
8 I fully agree with Bob from the group
9 on the east end, that this proposal
10 is not made for this barn and other
11 factors regarding the barn and around
12 the barn is disingenuous at best.
13 And should not be allowed as it
14 stands. I am here also to speak on
15 behalf of barns and pigs. We are
16 agricultural town. I think that the
17 animals there now are there as of
18 right. And I think that the number
19 of animals that would be allowed on
20 the parcel is governed by existing
21 laws. I mean, I would love nothing
22 better that on my way home to see a
23 couple of goats and a couple of
24 pigs. But if it comes to the Town
25 allowing agra-entertainment, that
September 11, 2017 Meeting 88
1 would be awful. I don't think that
2 is a problem because it's not allowed
3 now. It's in the statute. You can't
4 have weddings. You can't have
5 burning couches. It's not allowed.
6 So I don't see that there is a
7 problem. And there is one other
8 issue that everybody has been
9 mentioning and I don't understand.
10 The worry of human waste. I mean,
11 they have a port-a-potty there. I
12 don't understand how that could
13 possibly be an issue. Having said
14 that, I would love to see a barn
15 anywhere on the Main Road, but I
16 would not like to see parties and
17 bonfires and whatever is -- I think
18 is intending to use to the place for.
19 So in that respect, I am against the
20 proposal. Thank you.
21 CHAIRMAN WILCENSKI: Thank you.
22 Anybody else like to speak? Go
23 ahead.
24 MS. O'MALLEY: I will be very
25 quick. Allison O'Malley, Cutchogue.
September 11, 2017 Meeting 89
1 I would just like to say to all of
2 you of the Board, thank you again.
3 And if anyone out of you or anyone in
4 the audience that still might have
5 any question that this might be a
6 good idea and not to just deny it
7 now, I would offer to privately take
8 you on a kayak tour on Hallock's Bay
9 and Narrow River. And if you can
10 watch the Great White Haring, the
11 osprey and (Inaudible) drying their
12 wings in the morning and still have
13 any thought that this could
14 potentially be good idea, I will
15 gladly pack up my business of 28
16 years and put a For Sale sign on my
17 house and move out of this Town while
18 it's being sold to the devil.
19 CHAIRMAN WILCENSKI: Thank you.
20 MR. WEBB: Good evening, Mr.
21 Chairman. Members of the Board. My
22 name is Ted Webb, and I live at 420
23 Village Lane in Orient. And first of
24 all, I would like to say that I would
25 like to compliment the owner of this
September 11, 2017 Meeting 90
1 property for doing more to bring our
2 community together than any one of us
3 have been able to do. I would also
4 like to share with you that my
5 colleague, Mr. Leslie over here. I
6 have spent a good time of my 78
7 years on this earth and in this
8 beautiful community called Orient. I
9 have a lot of emotional ties to it.
10 Along with my dad and grandfather
11 going back several generations. If
12 Hallock's Bay was a human being, it
13 would be in the intensive care unit
14 at Eastern Long Island Hospital right
15 now. And I say that because I have
16 witnessed changes of Hallock's Bay
17 over many years. Some of my favorite
18 memories were getting in a little row
19 boat with my grandfather at the
20 Dwarf. That thing was like a two
21 hour trip. We would have to take
22 lunch with us. And we would go
23 clamming and scalloping in season. I
24 can tell you first hand, there are no
25 more blue craw crabs. There are no
September 11, 2017 Meeting 91
1 more soft shell clams. A lot of the
2 things as we knew as youngsters are
3 gone. I hope not forever. You have
4 listened to a lot of expertise
5 tonight. I don't have any of that.
6 I do have an emotional reaction to
7 all of this and we simply cannot
8 allow this project to go forward.
9 Than you very much.
10 CHAIRMAN WILCENSKI: Thank you.
11 GRANT: Grant (Inaudible) 32275
12 Main Road, Orient. What I would ask
13 is would you allow this in your
14 backyard? I don't feel like going
15 out in my backyard and smelling what
16 is going to be waste, depending on
17 which way the wind is blowing. It's
18 going to be a nuisance. Noise. You
19 can see what is going to happen with
20 this. That is all I have to say
21 about it.
22 CHAIRMAN WILCENSKI: Excuse me, sir.
23 Can you please write your name for the
24 record.
25 MR. CAUFIELD: Hi. My name is
September 11, 2017 Meeting 92
1 Eddie Caufield. I live on 24260 Main
2 Road in Orient. And I would like to
3 speak briefly about Hallock's Bay. I
4 have a background on (Inaudible) .
5 And I have been on Hallock's Bay for
6 about 45 years. I swim in. I go
7 across it. And I have watched, as
8 Ted Webb has said, the decline of the
9 bay. The bay right now is intensive
10 care. It's on it's knees. It has a
11 chance of coming back. There are
12 (Inaudible) which is the bay scallop.
13 Slowly coming back. Very slowly.
14 And it's not that the species itself
15 has a hard time, it's that the
16 ecosystem that this species lives in,
17 has a hard time. That is directly
18 caused by nitrates. From people,
19 from fertilizer, etcetera. If you
20 take an aerial view of Hallock's Bay,
21 it goes up the estuary and across the
22 dike from Latham's Farm, through
23 Broad Meadow and a finger directly
24 into this property. Now, you look at
25 the problems when we have in the
September 11, 2017 Meeting 93
1 Chesapeake. Of course there is
2 overbuilding, etcetera. There is
3 chicken farms and things like that.
4 That runoff is nitrates. If
5 Hallock's Bay is on its knees and
6 trust me, it's on its knees, this
7 will kill it. That's it. Just
8 sign its death warrant now. So
9 that's it.
10 CHAIRMAN WILCENSKI: Thank you.
11 MS. MARLIN: Hi. I am Debra
12 Marlin from Browns Hill. And we are
13 really very well represented here. A
14 number of people who have already
15 spoken and a number od things that
16 have been said have been said again
17 and again. I do want to return to a
18 couple of things that have gotten
19 overlooked because there are so many
20 important parts of what this
21 application is all about. So I am
22 just going to read an except from
23 Barry Bergald's (phonetic) letter to
24 me -- to you. You have it in your
25 records already. Traffic is a vital
September 11, 2017 Meeting 94
1 concern. As it's already very
2 difficult for local residents to turn
3 off the access roads of the north
4 side of Main Road. Notably Browns
5 Hill Road. And off Narrow River
6 Road, due to the ever increasing
7 traffic use of the Cross Island
8 Ferry. Not only are the entertaining
9 uses in violation of the restrictions
10 of the property, they create
11 potential traffic hazards. One if
12 only to look at the imagined possible
13 situation with the Lavender Farm in
14 East Marion to see what would be
15 instore. There are curbs on Main
16 Road on both sides that compromise
17 the visibility for traffic. Events
18 that involve music or sound of any
19 kind will violate the peace of this
20 neighborhood and recreation area.
21 This has already been experienced
22 when a local property was used for a
23 wedding event recently. I am sorry
24 that I am unable to attend the
25 meeting in person to vigorously urge
September 11, 2017 Meeting 95
1 you to respect the letter of
2 restrictions on this property. And
3 to give priority to the voices and
4 views of your constituents and
5 taxpayers. Now I am going to read a
6 very short letter of mine. Fresh &
7 Company proposed use of land on
8 Narrow River Road is the very
9 definition of commercial use. The
10 development rights were sold to the
11 Town years ago for a hefty sum and
12 now remain in place for perpetuity.
13 Just because Mr. Tenedios has
14 overlooked the development
15 restrictions on his land, does not
16 mean that Southold Town should as
17 well. Furthermore, I urge you to
18 look at the lawsuits that I have
19 heard of seeing the (Inaudible)
20 printout in your folders. Then
21 consider if this company should be
22 entrusted with the health and
23 wellbeing of our delicate ecosystem,
24 our wetlands, our vistas, our
25 tranquility, our fresh air and our
September 11, 2017 Meeting 96
1 values. Or are they bringing the
2 very thing that from the city.
3 Does this kind of development have a
4 place in our farming village? Our
5 hamlet? Thank you.
6 CHAIRMAN WILCENSKI: Thank you.
7 Again, I just want to reiterate. I
8 am going to ask for a motion to adjourn
9 this meeting until it's going -- not for
10 a specific time. Whenever we get the
11 information that we need to come back.
12 And everybody will be noticed and will be
13 made sure that you're aware of the next
14 public hearing. So yes -- go ahead.
15 MALE SPEAKER: Quick question,
16 does that mean it's going to come
17 back as a Type II action or are you
18 changing --
19 CHAIRMAN WILCENSKI: Right now, I
20 can't answer any of those questions.
21 Right now, all I am saying is that we
22 heard you loud and clear. We got a lot
23 of information to gather. A lot of
24 information that we need to get. There
25 is no telling which direction this is
September 11, 2017 Meeting 97
1 going to go, but I am just telling you
2 that we hear you. And that all of
3 your comments and concerns will be
4 addressed.
5 MALE SPEAKER: -- the bonfire and
6 the cookout?
7 CHAIRMAN WILCENSKI: We already have
8 the code enforcement aware of that. If
9 not, we will --
10 MALE SPEAKER: -- burning couch
11 this weekend?
12 CHAIRMAN WILCENSKI: I will ask
13 counsel -- counsel says that they're
14 investigated both already. They are
15 well aware of those dates.
16 Sorry. You need to go to the
17 microphone to talk because it's being
18 recorded to make sure we get
19 everything --
20 FEMALE SPEAKER: How will the
21 community be aware of what you decide
22 and what you decided you're going to
23 do?
24 CHAIRMAN WILCENSKI: Like I said,
25 we're adjourning this. There will be
September 11, 2017 Meeting 98
1 another public forum like this for you to
2 come back after we get a lot more
3 information. We just don't have a lot of
4 information. And we will be going back
5 to the owner and the applicant to get
6 more information. With that, taking all
7 of your concerns. We have to go through
8 a process.
9 MALE SPEAKER: Has any of the code
10 enforcement actually been out to the
11 site? They have moved the goat pens
12 back to the leeward side of the
13 wetlands already? I don't see nay
14 permits on the fence or anywhere over
15 there.
16 CHAIRMAN WILCENSKI: Okay. I will
17 make sure that Town counsel speaks to
18 code enforcement tomorrow.
19 MR. DUFFY: We were out there to
20 make sure that the signs had been
21 taken down. I don't know if that
22 were before --
23 MALE SPEAKER: I just rode by
24 there this weekend and they are all
25 back by the back corner and up
September 11, 2017 Meeting 99
1 against the wetlands. And I don't
2 see any barriers. I don't even know
3 what they're doing with the feces as
4 it is.
5 CHAIRMAN WILCENSKI: We will make
6 sure. And I will also make sure that
7 Planning sends a memo -- we will send it
8 to Town Counsel and they will get code
9 enforcement out there.
10 Please state your name, please?
11 MS. BOSTIC: Anbriele Bostic is
12 there a plan? I noticed on their
13 site plan, the wetlands delineation
14 is from 2001. Is part of the plan
15 going to be to revisit that
16 delineation.
17 CHAIRMAN WILCENSKI: We are going to
18 look at everything.
19 MS. BOSTIC: And second question
20 since it didn't come up. Has anyone
21 -- will you be asking them if they
22 plan to apply for a slaughter permit?
23 CHAIRMAN WILCENSKI: That's a good
24 question. That will go into the record
25 and we will address that.
September 11, 2017 Meeting 100
1 MS. BOSTIC: Thank you.
2 CHAIRMAN WILCENSKI: Does anybody
3 have anything else? If not, thank you
4 all for your patience and again, you
5 will all be notified through the channels
6 when we re-adjourn the meeting. Thank
7 you very much.
8 MEMBER RICH: Make a motion to
9 adjourn this meeting.
10 CHAIRMAN WILCENSKI: Motion made by
11 Jim.
12 MEMBER SIDOR: Second.
13 CHAIRMAN WILCENSKI: Seconded by
14 Martin.
15 Any discussion?
16 (No Response. )
17 CHAIRMAN WILCENSKI: All in favor?
18 MEMBER RICH: Aye.
19 MEMBER SIDOR: Aye.
20 CHAIRMAN WILCENSKI: Aye.
21 Opposed?
22 (No Response. )
23 CHAIRMAN WILCENSKI: Motion
24 carries.
25 (Meeting Concluded. )
September 11, 2017 Meeting 101
1
2 C E R T I F I C A T I O N
3
4
5
6 I, Jessica DiLallo, certify that the
7 foregoing transcript of audio recorded
8 Meeting/Public Hearings was prepared
9 using required electronic transcription
10 equipment and is a true and accurate
11 record of the meeting.
12
13
14 Signature:
15 Jessica DiLallo
16 RECEIVE®
� kes 0-3:30
17 OCT 2 4 2017
18 Date: September 25, 2017 �• ���7.tJU�L2
So hold Town Cierk
19
20
21
22
23
24 Q�KUV��,• —_—�
25