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HomeMy WebLinkAboutPBA-12/03/2018 OFFICE LOCATION: MAILING ADDRESS: Town Hall Annex rjF SU(/ P.O.Box 1179 54375 State Route 25 O�� �yOl Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) O Southold,NY � � Telephone: 631765-1938 www.southoldtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD RECEIVED DEC 2018 MEMORANDUM "Oval r To: Elizabeth A. Neville, Town Clerk From: Jessica Michaelis, Planning Departmen Date: December 6, 2018 Re: December 3, 2018 Planning Board Public Meeting Attached please find the Final Agenda and Approved Resolutions from the December 3, 2018 Planning Board Public Meeting. A Records Transmittal Form has been submitted to Records Management. OFFICE LOCATION: MAILING ADDRESS: Town Hall Annex *QF SOUJ• P.O.Box 1179 54375 State Route 25 ��� yQ�O Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) Southold, NY � � Telephone: 631765-1938 www.southoldtownny.gov �y00UNTY,� PLANNING BOARD OFFICIE TOWN OF SOUTHOLD RECO IVSD PUBLIC MEETING DEC - 7 2018 1'•15 Pte' AGENDA So hold Town ac!rk December 3, 2018 6:00 p.m. Southold Town Meeting Hall SETTING OF THE NEXT PLANNING BOARD MEETING Board to set Monday, January 14, 2019 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. SUBDIVISIONS - STATE ENVIRONMENTAL QUALITY REVIEW ACT (SEQRA) SEQRA Determinations: Kardwell & Reeve Resubdivision —This resubdivision proposes to authorize the transfer of 0.19 acres from SCTM#1000-114.-11-24.1 to SCTM#1000-114.-11-24.3 as created by deed on June 3, 1984 (Liber 9576 Page 106). SCTM#1000-114.-11-24.3 totals 1.88 acres in the HB Zoning District and SCTM#1000-114.-11-24.1 totals 1.01 acres in the R-40 Zoning District, located at 13560 Main Road, Mattituck, +/- 200' east " of Wickham Avenue. SCTM#1000-114-11-24.3 & 24.1 Mangieri Resubdivision —This resubdivision proposes to transfer 9.56 acres from SCTM#1000-125.-3-2.3 to SCTM#1000-125.-3-18 in the AC Zoning District, Laurel. Lot 2.3 will decrease from 11.57 acres to 2.01 acres (proposed Lot 1). Lot 18 will increase from 0.44 acres to 10 acres (proposed Lot 2). The property is located at 2050 Route 25, Laurel. SCTM#1000-125-3-2.3 & 18 SUBDIVISIONS Final Plat Determinations: Kardwell & Reeve Resubdivision — SCTM#1000-114-11-24.3 & 24.1 Southold Town Planning Board Page 12 December 3, 2018 Set Preliminary Plat Hearing: Duffy Standard Subdivision —This proposal is for a Standard Subdivision of a 3.02 acre parcel into two lots, where Lot 1 is 1.69 acres and Lot 2 is 1.33 acres in the R-40 Zoning District. This parcel is located on the west side of the intersection of Little Peconic Bay Road and Wunneweta Road, Nassau Point, Cutchogue. SCTM#1000-111- 11-26.1 Set Hearing: Hazard Standard Subdivision—The owner of Lot 2 of the Hazard Standard Subdivision, approved by the Planning Board on April 9, 2018, has requested an amendment to the covenants. A four foot path is permitted through the non-disturbance buffer, with no structures allowed. The owner has requested that a catwalk structure over the bank be permitted within the four foot path. The property is located at 1465 & 1575 Harbor Lane, in Cutchogue. SCTM#1000-103-2-1.1 & 1.2. BOND DETERMINATIONS Bond Reduction: Heritage at Cutchogue (aka Harvest Pointe) - This Residential Site Plan is for the development of 124 detached and attached dwellings classified in three types: 48 "Type A" units (1,999 +/- sq. ft. livable area), 72 "Type B" units (1,599 +/- sq. ft. livable area) and 4 "Type "C" units (1,999 +/- sq. ft. livable area). In addition, there are proposed the following: a 6,188 sq. ft. community center with a ±1,125 sq. ft. outdoor swimming pool, one tennis court, 284 parking spaces of which 256 are associated with the individual dwelling units and 28 are associated with the community center, and various other associated site improvements, on a vacant 46.17-acre parcel in the Hamlet Density (HD) Zoning District located on the n/w corner of Griffing Street and School House Road, approximately 1,079 feet n/o the Main Road, in Cutchogue. The property is located at 75 Schoolhouse Road, Cutchogue. SCTM#1000-102-1-33.3 Bond Release: Martz, Theodore C., Jr. - This proposal is for a Standard Subdivision of a 1.62 acre parcel into two lots where Lot 1 equals 0.71 acres and Lot 2 equals 0.92 acres, located in the R-40 Zoning District. The Zoning Board of Appeals granted an Area Variance to allow for Lot 1 to be less than 40,000 sq. ft. The property is located at 555 Broadwaters Road, approximately 80' west of Wunneweta Road, Cutchogue. SCTM#1000-104-12- 6.1 . Southold Town Planning Board Page 13 December 3, 2018 SITE PLANS/SPECIAL EXCEPTIONS - STATE ENVIRONMENTAL QUALITY REVIEW ACT SEQRA Determinations: First Universalist Church — This proposed Site Plan is for the construction of a one story 6,816 sq. ft. place of worship and 32 parking stalls. There is an existing parish house and single family dwelling to remain, all on 1.2 acres in the Residential Office (RO) Zoning District. The property is located at 51970 Route 25, Southold. SCTM#1000-63-6-6.1 & 6.2 Cell Tower at Laurel Stone — This proposed Special Exception Use, and Site Plan is for a 120' tall wireless communication facility (cell tower) for one Verizon section 110' - 120' a.g.l. and two AT&T antenna sections 90' - 11 0' a.g.l. and three (3) empty 10' sections for possible future co-location (all concealed within the pole), along with a 2,500 sq. ft. area for proposed associated ground equipment. There are ±5,078 sq. ft. of existing buildings including a stone supply yard and associated accessory structures, all on 1.6 acres in the General Business Zoning District. The property is located at 7055 Route 25, Mattituck. SCTM#1000-122-6-35.4 SITE PLANS Determination: Eastern Front Brewing Retail —This site plan is for a proposed 1,902 sq. ft. retail store located in the front of an existing 5,417sq. ft. 2-story building, with no change to the footprint. The remainder of the building consists of two existing dwelling units. Also existing is a detached 360 sq. ft. garage. There are 12 parking stalls proposed for this application on 0.62 acres in the HB Zoning District, Mattituck. The property is located at 13100 Route 25, Mattituck. SCTM#1000-114-11-11.1 Conditional Determination: Cell Tower at Laurel Stone — SCTM#1000-122-6-35.4 Approval Extensions: 13400 Main Road Corp. - This proposed Site Plan is for the addition of a parking lot on 1.05 acres in the Hamlet Business Zoning District, Mattituck. The property is located at 13400 NYS Route 25, Mattituck. SCTM#1000-114-11-9.6 s Southold Town Planning Board Page 14 December 3, 2018 Set Hearing: Heritage at Cutchogue (aka Harvest Pointe) —The owner of the Heritage at Cutchogue (aka Harvest Pointe) has requested an amendment to the conditions and covenants for this site plan, which was approved by the Planning Board on August 14, 2017. Currently the covenants state that the clubhouse and pool amenities must receive certificates of occupancy before any residential units receive certificates of occupancy (c.o.'s), and that 75% of the c.o.'s for Phase One must be completed prior to receiving building permits to begin Phase Two of the project. The owner has requested that the residences in Phase One be allowed to be issued c.o.'s prior to the clubhouse and pool receiving c.o.'s, and that the requirement that 75% of the units in Phase One receive c.o.'s be reduced or eliminated as a requirement to begin subsequent phases of construction. The covenants state that amendments may be considered only after a public hearing and with a majority plus one vote of the Planning Board. The property is located at 75 Schoolhouse Road, Cutchogue. SCTM#1000-102-1-33.3 SPECIAL EXCEPTIONS Conditional Determination: Cell Tower at Laurel Stone — SCTM#1000-122-6-35.4 PUBLIC HEARINGS 6:01 p.m. — North Fork Woodworks —This site plan is for the proposed conversion of an existing 2,195 sq. ft. building to an office with accessory apartment, construction of a 744sf accessory garage and 18 parking stalls on 0.46 acres in the Hamlet Business Zoning District. The property is located at 810 Traveler Street, Southold. SCTM#1000- 61-1-15.3 APPROVAL OF PLANNING BOARD MINUTES • November 5, 2018 OFFICE LOCATION: c MAILING ADDRESS: �. ' Town Hall Annex �'� P.O.Box 1179 54375 State Route 25 r `� Southold,NY 11971 (cor.Main Rd. &Youngs Ave.) Southold,NY �s °has Wi Telephone: 631765-1938 Y,•x � www.southoldtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD December 5, 2018 Ms. Nancy Kardwell JKNK, LLC P.O. Box 607 Orient, NY 11957 Re: Final Approval & SEQRA Determination Kardwell & Reeve Resubdivision 13650 State Route 25, Mattituck, NY SCTM#:1000-114.-11-24.1 & 24.3 Zoning District: HB & R-40 Dear Ms. Kardwell: The Southold Town Planning Board adopted the following resolutions at a meeting held on Monday, December 3, 2018: WHEREAS, this resubdivision proposes to legalize the transfer of 0.19 acres from SCTM#1000-114.-11-24.1 to SCTM#1000-114.-11-24.3 as created by deed in Liber 9576 Page 106 recorded in the Suffolk County Clerk's Office on June 3, 1984; and WHEREAS, SCTM#1000-114.-11-24.3 totals 1.88 acres in the HB Zoning District and SCTM#1000-114.-11-24.1 totals 1.01 acres in the R-40 Zoning District, located at 13560 Main Road, Mattituck, +/- 200' east of Wickham Avenue; and WHEREAS, on October 29, 2018, the applicant submitted a resubdivision application for review by the Southold Town Planning Board; and WHEREAS, on November 5, 2018, the Southold Town Planning Board found the resubdivision application complete at their Work Session; and WHEREAS, on November 5, 2018, the Southold Town Planning Board determined that this proposed action is an Unlisted Action under SEQRA; and Kardwell Resubdivision [2] December 5, 2018 WHEREAS, on November 5, 2018, the Southold Town Planning Board, pursuant to §240-56 Waivers of certain provisions, waived the following provisions of subdivision; a. Article V. Sketch Plat Review; b. §240-10 (A): Existing Resources Site Analysis Plan (ERSAP); c. §240-10 (8):Yield Plan; d. §240-10 (C): Primary & Secondary Conservation Area Plan; e. Article VI: Preliminary Plat Review; f. §240-19 (C-2): Preliminary and Final Public Hearings; and WHEREAS, pursuant to the resubdivision Policy set by the Planning Board in February 2011, this application is eligible for decision from the Planning Board prior to receiving approval by the Suffolk County Department of Health Services (SCDHS) as it meets the following criterion set forth in that policy: • Where no new development potential will be created in the parcel to which the land is transferred; and WHEREAS, on November 5, 2018, at their Work Session, the Planning Board determined that the proposed action meets all the necessary requirements of Town Code §240-57 for a re-subdivision application; be it therefore WHEREAS, the Southold Town Planning Board performed an uncoordinated review of this Unlisted Action pursuant to 6 NYCRR Part 617, Section 617.7 of the State Environmental Quality Review Act (SEQRA); and WHEREAS, this application is EXEMPT from review by the Local Waterfront Revitalization Program as no new development potential will come as a result of this re- subdivision; therefore be it RESOLVED, that the Southold Town Planning Board, pursuant to SEQRA, hereby makes a determination of non-significance for the proposed resubdivision and grants a Negative Declaration; and be it further RESOLVED, that the Southold Town Planning Board hereby waives the requirement to receive approval from the Suffolk County Department of Health Services prior to approval of this resubdivision by the Southold Town Planning Board; and be it further RESOLVED, that the Southold Town Planning Board grants Final Plat Approval upon the map entitled "Resubdivision for Nancy Kardwell", prepared by Nathan Taft Corwin III, Land Surveyor, dated November 30, 1998, last revised March 9, 2018, and authorizes the Chairman to endorse the map. Kardwell Resubdivision [3] December 5. 2018 Please Note: The Southold Town Planning Board, in waiving the requirement for SCDHS approval prior to their own approval, is simply waiving a technical requirement of Final Plat Approval under the Town Code and makes no representations as to whether SCDHS approval is required. SCDHS approval of this re-subdivision may be necessary to be in compliance with the Suffolk County Sanitary Code, and to be eligible for future construction or renovations. Please submit a copy of the recorded deed to the Southold Town Planning Department within 62 days of the date of Final Approval, or such approval shall expire and be null and void. The statement below must be signed by the property owners to validate this approval resolution. I understand that Southold Town Planning Board approval of this Re-subdivision does not grant, guarantee or waive an approval, if required, from the Suffolk County Department of Health Services (SCDHS). I understand that I will need to apply separately to the SCDHS for any applicable approvals. Signature of(Property Owner 1) Print Name Signature of(Property Owner 2) Print Name If you have any questions regarding the above, please contact this office at 765-1938. Respectfully,\ a Donald J. Wilcenski Chairman Encl. Negative Declaration cc: Assessors wl map Building Department wJ map OFFICE LOCATION: .; MAILING ADDRESS: Town Hall Annex ?? l P.O. Box 1179 54375 State Route 25 , . ,' Southold,NY 11971 (cor.Main Rd.&Youngs Ave.) � `• , Tele hone:631765-1938 Southold NY � �'`� � '? Al P ' '�' www.southoldtownny.gov Uri,�� PLANNING BOAP-D OFFICE TOWN OF SOUTHOLD State Environmental Quality Review NEGATIVE DECLARATION December 3, 2018 This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Law. The Southold Town Planning Board, as lead agency, has determined that the proposed action described below will not have a significant effect on the environment and a Draft Environmental Impact Statement will not be prepared. Name of Action: Proposed Kardwell Resubdivision SCTM#: 1000-114.-11-24.1 & 24.3 Location: 13650 Main Road, +/- 200' east of Wickham Avenue, Mattituck, NY SEQR Status: Type I ( ) Unlisted (X) Conditioned Negative Declaration: Yes ( ) No (X) Description of Action: This re-subdivision proposes to legalize the transfer of 0.19 acres from SCTM#1000- 114.-11-24.1 to SCTM#1000-114.-11-24.3 as created by deed in Liber 9576 Page 106 recorded in the Suffolk County Clerk's Office on June 3, 1984. SCTM#1000-114.-11- 24.3 totals 1.88 acres in the HB zoning district and SCTM#1000-114.-11-24.1 totals 1.01 acres in the R-40 Zoning District, located at 13560 Main Road, Mattituck, +/- 200' east of Wickham Avenue. Reasons Supporting This Determination: A Short Environmental Assessment Form has been submitted and reviewed and it was determined that no significant adverse effects to the environment were likely to occur should the project be implemented as planned. Southold Town Planning Board Page 12 December 3, 2018 The determination was based upon the following: This Resubdivision will not have any significant adverse impacts on the surrounding neighborhood or adjacent properties. No new lots will be created, and no increase in development is expected as a result of the land transfer. This parcel has been commercially developed in its current configuration since the transfer of the 0.19 acres by deed on June 3, 1984. This date is after that which would have allowed this to be a recognized lot by the Town. Pursuant to Town Code § Lot Recognition, parcels that were created by deed with no Town approvals are only recognized if the deed was dated on or before June 30, 1983. Although this lot has been in existence since 1984 and received several town permits and approvals, it technically does not meet the code for lot recognition. This resubdivision application will correct the situation so that this lot can be recognized eligible for future town permits and approvals. Thus the following can be said of this action: 1. Following the proposed resubdivision, the current land uses will remain the same. The lot line will be moved to legitimize an existing structure on the parcel that is currently located on the lot line. 2. The proposed application will have no bearing upon Article VI of the Suffolk County Sanitary Code and will, therefore, conform to Article VI of the Suffolk County Sanitary Code and will not be expected to adversely affect groundwater quality. Any improvements to the existing commercial development on site will require review by the Planning Board and any other applicable agencies. 3. No substantial adverse change in existing air quality, ground or surface water quality or quantity, traffic or noise levels, no substantial increase in solid waste production, potential of erosion, flooding, leaching or drainage problems will occur as a result of this action. 4. No significant removal or destruction of large quantities of vegetation or fauna, no substantial interference with the movement of any resident or migratory fish or wildlife species, no significant impacts on a significant habitat area, no substantial adverse impacts on a threatened or endangered species of animal or plant or the habitat of such a species, and no other significant adverse impacts to natural resources will occur as a result of this re-subdivision. 5. The proposed action is not in a material conflict with Southold Town's current plans or goals as officially approved or adopted. 6. The proposed action will not significantly impair the character or quality of important historical, archaeological, architectural, or aesthetic resources or of existing community or neighborhood character. The existing building and use is proposed to remain. Southold Town Planning Board Page 13 December 3, 2018 7. No major change in the use of either the quantity or type of energy will occur. 8. No creation of a hazard to human health will occur as a result of this resubdivision. 9. The proposed action will not cause a substantial change in the use, or intensity of use, of the land or in its capacity to support existing 'uses. Although the parcel with the commercial building will increase in size, this increase will not result in any immediate increase in development of the site. Any future development or clearing on site is subject to site plan review by the Southold Town Planning Board during which additional environmental review would occur specific to that action. Based upon such, no significant adverse impacts to the environment are expected to occur should the project be implemented as planned. For Further Information: Contact Person: Erica Bufkins, Planner Trainee Address: Southold Town Planning Board, P.O. Box 1179, Southold, NY 11971 Telephone Number: (631) 765-1938 Agency Ilse Only[If applicable] Project: Kardwell Resubdivision Date: December 3,2018 Short.Environmental Assessment,Form Fart 2 -.Impact Assessnment Part 2 is to be completed by the Lead Agency. Answer all of the following questions in Part 2 using the information contained in Part 1 and other materials submitted by the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept"Have my responses been reasonable considering the scale and context of the proposed action?" No,or Moderate small to large impact impact may may occur occur 1. Will the proposed action create a material conflict with an adopted land use plan or zoning f ❑ regulations. 2. Will the proposed action result in a change in the use or intensity of use of land? ® ❑ 3. Will the proposed action impair the character or quality of the existing community? ❑ 1 4. Will the proposed action have an impact on the environmental characteristics that caused the ® ❑ establishment of a Critical Environmental Area(CEA)? 5. Will the proposed action result in an adverse change in the existing level of traffic or ! {� El existing infrastructure for mass transit,biking or walkway? F7 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate EJ available energy conservation or renewable energy opportunities? F 7 Will the proposed action impact existing: i ® ❑ a,public/private water supplies? b.public/private wastewater treatment utilities? ❑ 8. Will the proposed action impair the character or quality ofimportant historic.archaeological, ❑ ❑ ((( architectural or aesthetic resources? 9. Will the proposed action result in an adverse change to natural resources(e.g,wetlands, n Elwaterbodies,groundwater,air quality,flora and fauna)9 !v`J i 10 Will the proposed action result in an increase in the potential for erosion; flooding or drainage ® ❑ problems? ----------- If. Will the proposed action create a hazard to environmental resources or human health'? 7V/ ❑) PRINT FORM Page 1 of'2 Agency Use Only f If applicable] Project: Kardwell Re-subdivision Dater December 3, 2018 Short Environmental Assessment Form Part 3 Determination of Significance For every question in Part 2 that was answer ed"model ate to large impact may occur",or if then a is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact,please complete Part 3.Part 3 should,in sufficient detail,identify the impact,including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain]low the lead agency determined that the impact may or will not be significant.Each potential impact should be assessed considering its setting, probability of occurring,duration,irreversibility,geographic scope and magnitude. Also consider the potential for short- term,long-term and cumulative impacts. This is a re-subdivision that will create no new residential or commercial development potential.This parcel has been commercially developed in its current configuration since the transfer of the 0.19 acres by deed on June 3, 1984. This date is after that which would have allowed this to be a recognized lot by the Town. Pursuant to Town Code§ Lot Recognition, parcels that were created by deed with no Town approvals are only recognized if the deed was dated on or before June 30, 1983.Although this lot has been in existence since 1984 and received several town permits and approvals, it technically does not meet the code for lot recognition.This re-subdivision application will correct the situation so that this lot can be recognized eligible for future town permits and approvals. Both of the parcels involved in this re-subdivision are already developed and respectively meet the minimum requirements set forth in in the Bulk Schedule for the R-40 and HB Zoning Districts. This re-subdivision proposes to legalize the transfer of 0.19 acres from SCTM#: 1000-114.-11-24.1 to SCTM#: 1000-114.-11-24.3 as created by deed in Liber 9576 Page 106 recorded in the Suffolk County Clerk's Office on June 3, 1984.SCTM#: 1000-114.-11-24.3 totals 1.88 acres in the HB zoning district and SCTM#: 1000-114.-11-24.1 totals 1.01 acres in the R-40 zoning district, located at 13560 Main Road, Mattituck, +/-200'east of Wickham Avenue. Through this proposal,there will be no change in the current use of either parcel.The two lots are already developed and affirming this re-subdivision will cause no affect to the character of the community. The current zoning line matches the configuration of both of the parcels involved, and any future modification to the commercial development on site will require review by the Planning Board and other applicable agencies. Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action may result in one or more potentially large or significant adverse impacts and an 3 environmental impact statement is required. Check this box if you have determined,based ori the information and analysts above,and any supporting documentation, that the proposed action will not result in any significant adverse environmental impacts. Town of Southold Planning Department December 3,2018 Fame of Lead;Agency Date Donald J wilcenski Southold Town Planning Board Chairman ,r Print or'I'N °;unc c;f R ,p+1}a 1112 cGr rli Lead Agency i Title of Rc.tiprrrtsiblc(_)ffwcr Signature of Rc�p.m_,Ihle Officer in lead Agenc} Signature of Preparzr (if different from Responsible Officer) PRINT FORM Pace 2 oft OFFICE LOCATION: MAILING ADDRESS: Town Hall Annext•F'f 3 _ P.O.Box 1179 } rj 54375 State Route 25 # Southold NY 11971,`! �' Cf ; y .! ' (cor.Main Rd. &Youngs Ave.) Telephone: 631765-1938 Southold,NY www.southoldtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD December 5, 2018 Martin Finnegan; Esq. Twomey, Latham, Shea, Kelley, Dubin &Quartaro, LLP P.O. Box 973 Riverhead, NY 11901 Re: SEQR Determination for the Gian Mangier! Resubdivision 2050 State Route 25, Laurel, NY SCTM#:1000-125.-3-2.3 & 18 Zoning District: AC Dear Mr. Finnegan: The Southold Town Planning Board adopted the following resolutions at a meeting held on Monday, December 3, 2018: WHEREAS, this Resubdivision proposes to transfer 9.73 acres from SCTM#1000-125.- 3-2.3 to SCTM#1000-125.-3-18 in the AC Zoning District, Laurel. Lot 2.3 will decrease from 11.57 acres to 1.84 acres (proposed Lot 1). Lot 18 will increase from 0.44 acres to 10.17 acres (proposed Lot 2); and WHEREAS, on November 7, 2017, the Planning Board responded to the Zoning Board of Appeals request for comment to unmerge this parcel to create Tax Lots 2.3 & 18. The ZBA granted a waiver of merger on the application in File #7019; and WHEREAS, on March 6, 2018, the applicant submitted a Resubdivision application for review by the Planning Board; and WHEREAS, on April 9, 2018, the Planning Board determined they would consider the application complete upon submission of a map inclusive of the required revisions; and WHEREAS, on October 9, 2018, the applicant submitted a revised plan, which rendered the Resubdivision application complete; and Mangieri Resubdivision [2] December 5, 2018 WHEREAS, on October 15, 2018, the Planning Board determined that this proposed action is an Unlisted Action under SEQRA; and WHEREAS, on November 5, 2018, the Public Hearing was held and closed; and WHEREAS, pursuant to the Re-subdivision Policy set by the Planning Board in February 2011, this application is not eligible for decision from the Planning Board prior to receiving approval by the Suffolk County Department of Health Services (SCDHS; and WHEREAS, the Planning Board performed an uncoordinated review of this Unlisted Action pursuant to 6 NYCRR Part 617, Section 617.7 of the State Environmental Quality Review Act (SEQRA); therefore be it RESOLVED, that the Southold Town Planning Board, pursuant to SEQRA, hereby makes a determination of non-significance for the proposed re-subdivision and grants a Negative Declaration. If you have any questions regarding the information contained in this resolution, please contact the Planning Board Office. Respectfully, Donald J. Wilcenski Chairman Encl: Negative Declaration OFFICE LOCATION: MAILING ADDRESS: Town Hall Annex ii aj P.O.Box 1179 54375 State Route 25 ;•' s' Southold,NY 11971 (cor.Main Rd.&Youngs Ave.) ` Southold,NY Telephone: 631 765-1938 www.southoldtownny.gov k; Jis r ;t PLANNING BOARD OFFICE TOWN OF SOUTHOLD State Environmental Quality Review NEGATIVE DECLARATION Notice of Determination Non-Significant December 3, 2018 This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Law. The Southold Town Planning Board, as lead agency, has determined that the proposed action described below will not have a significant effect on the environment and a Draft Environmental Impact Statement will not be prepared. Name of Action: Proposed Mangieri Resubdivision SCTM#: 1000-125.-3-2.3 & 18 Location: On the south side of S.R. 25, +/- 200'west of the intersection of Franklinville Road and S.R. 25, Laurel, NY, 11948. SEQR Status: Type I ( ) Unlisted (X) Conditioned Negative Declaration: Yes ( ) No (X) Description of Action: This proposal is for the re-subdivision of SCTM#10007125.-3-2.3 & 18 where 9.56 acres is proposed for transfer from Lot 2.3 to Lot 18. Lot 2.3 will decrease from 11.57 acres to 2.01 acres (proposed Lot 1) and Lot 18 will increase from 0.44 acres to 10 acres (proposed Lot 2), in the AC Zoning District. This parcel is located +/- 200' west of the intersection of Franklinville Road and S.R. 25, in Laurel. Southold Town Planning Board Page 12 December 3, 2018 Reasons Supporting This Determination: A Short Environmental Assessment Form has been submitted and reviewed and it was determined that no significant adverse effects to the environment were likely to occur should the project be implemented as planned. The determination was based upon the following: This resubdivision will not have any significant adverse impacts on the surrounding neighborhood or adjacent properties. Through resubdivision, the proposed lot line will be reconfigured to separate the existing residential portion of the property from the area currently in active agriculture (nursery). This proposal will reconfigure the lot lines to accommodate the existing residential structure on 2 acres, and the remaining 10+/- acres will contain the agricultural area. The resulting lots will meet the minimum requirements within the AC Zoning District for lot area. Thus the following can be said of this action: 1. No new lots will be created, and no significant increase in development is expected as a result of the configuration of the land transfer. 2. The proposed application will have no bearing upon Article VI of the Suffolk County Sanitary Code and will, therefore, conform to Article VI of the Suffolk County Sanitary Code and will not be expected to adversely affect groundwater quality. Approval from the Suffolk County Department of Health Services is required for this application prior to Final Approval from the Planning Board. 3. No substantial adverse change in existing air quality, ground or surface water quality or quantity, traffic or noise levels, no substantial increase in solid waste production, potential of erosion, flooding, leaching or drainage problems will occur as a result of this action. 4. No significant removal or destruction of large quantities of vegetation or fauna, no substantial interference with the movement of any resident or migratory fish or wildlife species, no significant impacts on a significant habitat area, no substantial adverse impacts on a threatened or endangered species of animal or plant or the habitat of such a species, and no other significant adverse impacts to natural resources will occur as a result of this re-subdivision. 5. The proposed action is not in material conflict with the Town's current plans or goals as officially approved or adopted. The current use is consistent with the zoning requirements, and thus is consistent with the current plans and goals of the Town as adopted. 6. The proposed action will not significantly impair the character or quality of important historical, archaeological, architectural, or aesthetic resources or of Southold Town Planning Board Page 13 December 3, 2018 existing community or neighborhood character. The transfer of land from one parcel to another in this case does not condone any change to the residential use on the property. Through re-subdivision, both parcels will now meet the minimum requirements of the AC zoning district. 7. No major change in the use of either the quantity or type of energy will occur. 8. No creation of a hazard to human health will occur as a result of this re- subdivision. 9. The proposed action will not cause a substantial change in the use, or intensity of ; use, of the land or in its capacity to support existing uses. Based upon such, no significant adverse impacts to the environment are expected to occur should the project be implemented as planned. For Further Information: Contact Person: Erica Bufkins, Planner Trainee- Address: Southold Town Planning Board P.O. Box 1179 Southold, NY 11971 Telephone Number: (631) 765-1938 ,Agency Use Only Ilf applicable Project Mangied Resubdivision Date: December 3,2018 Short Environmental assessment Form Part 2 -IMpact Assessment Part 2 is to be completed by the Lead Agency. Answer all of the following questions in Part 2 using the information contained in Part 1 and other materials submitted by the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept"Have my responses been reasonable considering the scale and context of the proposed action?" No,or lYloderate small to large impact impact may may occur occur 1. Will the proposed action create a material conflict with an adopted land use plan or zoning _® Elregulations. 2. Will the proposed action result in a change in the use or intensity of use of land? (f I 3. Will the proposed action impair the character or quality of the existing community? ❑ 4. Will the proposed action have an impact on the environmental characteristics that caused the ❑ E establishment of a Critical Environmental Area(CEA)? 5. Will the proposed action result in an adverse change in the existing level of traffic or ® ❑ affect existing infrastructure for mass transit,biking or walkway? 6 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate . reasonably available energy conservation or renewable energy opportunities? ® ❑ 7. Will the proposed action impact existing. t a.public(private water supplies? ❑ I b.public/private wastewater treatment utilities? ❑✓ ❑ S. Will the proposed action impair the character or qualit-, of important historic,archaeological, architectural of aesthetic resources? 9. Will the proposed action result in an adverse change to natural resources(e.g,wetlands, ✓ 1 waterbodies,groundwater, air quality,flora and fauna)? ❑ 1 ❑ 10. Will the proposed action result in an increase in the potential for erosion,flooding or drainage n ❑ problems? !V'1 11. Will the proposed action create a hazard to environmental resources or human health? ✓❑ _ ❑ PRINT FORM Page l of,2 r\bcncy Use Only[if applicable] Project:Imangierl Resubdivision Date' IDecember 3, 2018 Short Environmental Assessment Forth. Part 3 Determination of Significance For every question in Part 2 that was answered"moderate to large impact may occur",or if there is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact,please complete Part 3.Part 3 should,in sufficient detail,identify the impact,including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact may or will not be significant.Each potential impact should be assessed considering its setting, probability of occurring,duration,irreversibility,geographic scope and magnitude. Also consider the potential for short- term,long-term and cumulative impacts. This proposal is for the resubdivision of SCTM#1000-125.-3-2.3 & 18 where 9.56 acres is proposed for transfer from Lot 2.3 to Lot 18. Lot 2.3 will decrease from 11.57 acres to 2.01 acres (proposed Lot 1)and Lot 18 will increase from 0.44 acres to 10 acres (proposed Lot 2), in the AC Zoning District.This parcel is located +/-200'west of the intersection of Franklinville Road and S.R.25, in Laurel. This resubdivision will not have any significant adverse impacts on the surrounding neighborhood or adjacent properties. Through re-subdivision,the proposed lot line will be reconfigured to separate the existing residential structure from the wetlands present on the parcel with no increase in development potential or proposed change in use.Approval from the Suffolk County Department of Health Services is required prior to approval by the Planning Board. This proposal will reconfigure one lot to accommodate the existing residential structure on 2 acres, and the remaining 10 acres will contain the wetlands unique to this parcel.Through this re-subdivision, both lots will increase and meet the minimum requirements within the AC Zoning District. € J El Check this box if you have determined,based on the information and analysis above.and any supporting documentation, L that the proposed action may result in one or more potentially large or significant adverse impacts and an environmental impact statement is required. ZCheck this box if you have determined,based on the informat?on and analysis above,and any supporting documentation, that the proposed action will not result in any significant adverse environmental impacts. i Town of Southold Planning Dpartment December 3,2018 Name of Lead Agency Date Dona,d J 4yilcenski Southold Town Planning Board Chairman I Print or l'yp'' . Ile of R1V ;yI1 1 l) 9' 'r to l..t'nd Agencv ,t -- ^Title O Rcsponslble Officer Signature of'Resporsible Officer in Lead Agency Signature^of llicip uei (if d;ff icnt fioni Responsible Offices) [ PRINT FORM Pa-e 2 ol'2 OFFICE LOCATION• "' MAILING ADDRESS: Town Hall Annex t° P.O.Box 1179 ' � 'fi {`` 54375 State Route 25 ;r Southold NY 11971 fr= • ==� g� '� (cor.Main Rd. &Youngs Ave.) Telephone:631 765-1938 Southold, NY www.southoldtowmny.gov /r •M k PLANNING BOARD OFFICE TOWN OF SOUTHOLD December 5, 2018 Michael Kimack P.O. Box 1047 Southold, NY 11971 Re: Set Hearing for the Duffy Standard Subdivision Located at 3360 Wunneweta Road, Cutchogue SCTM#1000-111-11.-26.1 Zoning District: R-40 Dear Mr. Kimack: The Southold Town Planning Board adopted the following resolution at a meeting held on Monday, December 3, 2018: WHEREAS, this proposal is for a Standard Subdivision of a 3.02 acre parcel into two lots, where Lot 1 is 1.69 acres and Lot 2 is 1.33 acres, located at 3360 Wunneweta Road, northwest of the intersection of Little Peconic Bay Road and Wunneweta Road, in the R-40 Zoning; and WHEREAS, on February 2, 2018, the agent submitted a Sketch Plan Application and fee; and WHEREAS, on May 7, 2018, the applicant submitted a Yield Plan compliant with the minimum requirements of subdivision set forth in §240-B Yield Plan; and WHEREAS, on May 23, 2018, at their Work Session, the Planning Board found the Sketch Plan application complete upon submittal of a revised Sketch Plan; and WHEREAS, on June 11, 2018, the Sketch Plan application was found complete; and WHEREAS, on July 9, 2018, the Planning Board granted a Conditional Final Approval upon the application; and WHEREAS, on October 26, 2018, the applicant submitted a Preliminary Plat application and fee; and Duffy Standard Subdivision Page 12 December 5, 2018 WHEREAS, on November 5, 2018, the Planning Board found the Preliminary Plat application complete at their work session; and WHEREAS, on November 5, 2018, the Planning Board set the Public Hearing for Monday December 3, 2018, at 6:02 PM; and WHEREAS, on November 6, 2018, the agent for the applicant requested that the hearing be set for a later date due to a conflict; be ittherefore RESOLVED, that the Southold Town Planning Board sets Monday, January 14, 2019 at 6:01 p.m. for a Public Hearing upon the map entitled "Preliminary Plat of Duffy at Nassau Point", prepared by Kenneth M. Woychuk, Land Surveyor, dated August 1, 2015, last revised September 25, 2018. Please refer to the enclosed copy of Chapter 55, Notice of Public Hearing, in regard to the Town's notification procedure. The notification form is enclosed for our use. The sign and thepost will geed to be picked ul2 at the Planning Board Office, Southold Town Annex. Please return the enclosed Affidavit of Posting along with the certified mailing receipts-AND the signed green return receipt cards before 12:00 noon on Friday, January 11, 2019. The sign and the post need to be returned to the Planning Board Office after the public hearing is closed. If you have any questions regarding the information contained in this resolution, please contact the Planning Board Office. Respectfully, Donald J. Wilcenski Chairman OFFICE LOCATION: ;'` ": MAILING ADDRESS: Town Hall Annex F''t = jI ' Y.U.Box 1179 54375 State Route 25 � �; «�`f "" Southold,NY 11971 (cor.Main Rd. &Youngs Ave.) ''` 'ri . '' •` Southold,NY 6� �' ny: 3 Telephone: 631765-1938 www.southoldtownny.gov ` :- PLANNING BOARD OFFICE TOWN OF SOUTHOLD December 5, 2018 Michael Kimack, Esq. P.O. Box 1047 Southold, NY 11971 Re: Set Hearing —Addendum to Filed Covenants & Restrictions For the Standard Subdivision for David & Barbara Hazard Located at 1465 Harbor Lane, Cutchogue SCTM#1000-103-2-1 Zoning District: R-80 Dear Mr. Kimack: The Southold Town Planning Board adopted the following resolution at a meeting held on Monday, December 3, 2018: WHEREAS, the owner of Lot 2 of the Hazard Standard Subdivision, approved by the Planning Board on April 9, 2018, has requested an amendment to the covenants. A four foot path is permitted through the non-disturbance buffer, with no structures allowed. The owner has requested that a catwalk structure over the bank be permitted within the four foot path; and WHEREAS, covenants and restrictions for the subdivision referenced above were filed with the Office of the Suffolk County Clerk on March 20, 2018 in Liber D12953, Page 114; and WHEREAS, on October 5, 2018, the applicant applied for a Wetlands Permit from the Town Trustees in order to construct a dock on Eugene's Creek; and WHEREAS, the covenants state, "A 4 foot wide pedestrian path is permitted to be cleared through the buffer to access the waterfront. This path through the non- disturbance buffer must be the shortest distance necessary to connect the waterfront to the building envelope, and must be constructed of pervious natural materials," in clause 5(B); and Hazard Standard Subdivision Page 12 December 5, 2018 WHEREAS, the covenants also state, "No structures are permitted in the non- disturbance buffers, except for a fence along the property line," in clause 5(F), the effect of which is to prevent any improvement with a structure within the four foot path; and WHEREAS, the applicant has requested permission to construct a catwalk within the four foot path in the non-disturbance buffer between the top-of-bank and the wetland line, and this structure is prohibited by the covenants described above; and WHEREAS, the covenants would need to be amended to grant this permission. Specifically, clause 5(F) would need to be revised to read, "No structures are permitted in the non-disturbance buffers, except for a fence located along the property line, and a catwalk with associated pilings located within the four foot path and starting at the Top of Bank seaward to provide access to Eugene's Creek,"; and WHEREAS, to amend the covenants, a Public Hearing is required to be held, and a majority plus one vote of the Planning Board is required; therefore be it RESOLVED, that the Southold Town Planning Board sets Monday, January 14, 2019 at 6:02 p.m. for a Public Hearing upon the request to amend the covenants and restrictions filed with the Suffolk County Clerk in Liber D12953, Page 114 to include the following language (addition underlined); 5. (f) "No structures are permitted in the non-disturbance buffers, except for a fence located along the property line, and a catwalk with associated pilings located within the four foot path and starting at the Top of Bank seaward to provide access to Eugene's Creek,"; Please refer to the enclosed copy of Chapter 55, Notice of Public !Hearing, in regard to the Town's notification procedure. The notification form is enclosed for your use. The sign and the post will need to be picked up at the Planning Board Office, Southold Town Annex. Please return the enclosed Affidavit of Posting along with the certified mailing receipts AND the signed preen return receipt cards before 12:00 noon on Friday, January 11, 2019. The sign and the post need to be returned to the Planning Board Office after the public hearing is closed. If you have any questions regarding the information contained in this resolution, please contact the Planning Board Office. s�pec�tfully, Donald J. Wilcenski Chairman CC: David Hazard OFFICE LOCATION: :. MAILING ADDRESS: Town Hall Annex i [ 0. 'i' P.U.Box 1179 54375 State Route 25 ' �'�, Southold,NY 11971 (cor.Main Rd.&Youngs Ave.) ' Southold,NYa 3� Telephone: 631765-1938 '�vv www.southoldtownny.gov c' U , PLANNING BOARD OFFICE TOWN OF SOUTHOLD December 5, 2018 Henry Alia Rimor Development LLC P.O. Box 908 Cutchogue, NY 11935 Re: Bond Reduction Approved Residential Site Plan for The Heritage at Cutchogue, aka Harvest Pointe 75 Schoolhouse Road, corner of Schoolhouse Rd. & Griffing St., Cutchogue Zoning District: HD Dear Mr. Alia: The Southold Town Planning Board adopted the following resolution at a meeting held on Monday, December 3, 2018: WHEREAS, this proposed Residential Site Plan is for the development of 124 detached and attached dwellings, with three base designs: 48 "Type A" units (1,999 +/- sq. ft. livable area), 72 "Type B" units (1,599 +/- sq. ft. livable area) and 4 "Type "C" units (1,999 +/- sq. ft. livable area). In addition, there are proposed the following: a 6,188 sq. ft. clubhouse with an outdoor swimming pool, one tennis court, 284 parking spaces, of which 256 are associated with the individual dwelling units and 28 are associated with the community center, and various other associated site improvements, on a vacant 46.17-acre parcel in the Hamlet Density (HD) Zoning District located at 75 Schoolhouse Road, at the northwest corner of the intersection of Griffing Street and Schoolhouse Road in Cutchogue; and WHEREAS, on April 10, 2017 the Planning Board resolved to accept the bond for the Heritage at Cutchogue in the amount of$150,014.00, and recommended the same to the Southold Town Board; and WHEREAS, on April 11, 2017, the Southold Town Board accepted the bond, as described above, by resolution #2017-341; and WHEREAS, on October 26, 2018, Henry Alia, agent for the applicant, submitted a request to reduce the Bond amount from $150,014 to $39,908; and WHEREAS, on November 5, 2018, the Planning Board reviewed this request and determined that the reduced amount was not sufficient, and must be increased to $75,825; be it therefore RESOLVED, that the Planning Board hereby accepts a reduction in the bond amount from $150,014 to $75,825 for the Heritage at Cutchogue and recommends that the Town Board accepts the reduced bond amount. If you have any questions regarding the information contained in this resolution, please contact the Planning Board Office. Respectfully, Donald J. Wilcenski Chairman Cc: William Duffy, Town Attorney Elizabeth Neville, Town Clerk OFFICE LOCATION: w. MAILING ADDRESS: Town Hall Annex �" P.O.Box 1179 �£,�g� � � ;�� ,•t:j 54375 State Route 25 Southold, NY 11971 (cor.Main Rd. &Youngs Ave.) Southold,NY ri "` ,. Telephone: 631765-1938 www.southoldtownny.gov t t: PLANNING BOARD OFFICE TOWN OF SOUTHOLD December 5, 2018 Mr. Theodore C. Martz, Jr. 145 Ryerson Avenue Manorville, NY 11949 Re: Bond Release - Proposed Standard Subdivision for Martz Located at 555 and 315 Broadwaters Road, on Broadwaters Road approximately 80 feet west of Wunneweta Road, Cutchogue SCTM#1000-104-12-6.1 Zoning District: R-40 Dear Mr. Martz: The Southold Town Planning Board adopted the following resolutions at a meeting held on Monday, December 3, 2018: WHEREAS, this proposal is for a Standard Subdivision of a 1.62 acre parcel into two lots where proposed Lot 1 equals 0.71 acres and proposed Lot 2 equals 0.92 acres, located in the R-40 Zoning District, The Zoning Board of Appeals granted an Area Variance to allow for Lot 1 to be less than 40,000 sq. ft.; and WHEREAS on April 10, 2017 the Southold Planning Board accepted the draft bond estimate dated January 24, 2017 in the amount of$6,425.00; and WHEREAS on June 28, 2017 the applicant submitted a check (#5926) in the amount of $6,425.00 for the performance guarantee; and WHEREAS, on November 7, 2018 the applicant submitted a letter requesting the release of the performance guarantee; WHEREAS, the Town of Southold Stormwater Manager inspected the site and found all included work completed, be it therefore RESOLVED, that the Southold Town Planning Board hereby recommends to the Southold Town Board the release of the performance guarantee. Martz Standard Subdivision Pae 12 December 5,_2018 If you have any questions regarding the information contained in this resolution, please contact the Planning Board Office. Respectfully, C� Donald J. Wilcenski Chairman Encl. cc: Elizabeth A. Neville, Town Clerk William Duffy, Town Attorney James Richter, Stormwater Manager J OFFICE LOCATION: � ,r c � MAILING ADDRESS: Town Hall Annex ',', # �r P.O.Box 1179 54375 State Route 25 ;�' � ', Southold, NY 11971 (cor.Main Rd. &Youngs Ave.) Southold NY i=�; '�m7�a �'". i Telephone: 631 765-1938 ' .. Vis` www.southoldtownny.gov s. � ;i K •,,�—1.1 , gyp, ti �,a5 �§s .a e=:,R" •�`�3 jai% PLANNING BOARD OFFICE TOWN OF SOUTHOLD December 5, 2018 Ms. Stacy Paetzel 5175 Route 48 P.O. Box 478 Mattituck, NY 11952 Re: SEQRA Determination: First Universalist Church 51670 Main Road, t 50' s/e/o Tuckers Lane & Main Road, Southold SCTM#1000-63.-6-6.1 & 6.2 Dear Ms. Paetzel: The following resolutions were adopted at a meeting of the Southold Town Planning Board on Monday, December 3, 2018: WHEREAS, this site plan is for the proposed construction of a one story 6,816 sq. ft. place of worship and 32 parking stalls. There is an existing parish house and single family dwelling to remain, all on 1.2 acres in the Residential Office (RO) Zoning District; and WHEREAS, on September 11, 2018 the Southold Town Planning Board, pursuant to State Environmental Quality Review Act (SEQRA) 6 NYCRR, Part 617.5 (c), determined that the proposed action is a Type I Action as it falls within the following description for 6 NYCRR, Part 617.4(b)(9) "any Unlisted action (unless the action is designed for the preservation of the facility or site) occurring wholly or partially within, or substantially contiguous to, any historic building, structure, facility, site or district or prehistoric site; and WHEREAS, the Planning Board performed a coordinated review of this Type I Action pursuant to 6 NYCRR Part 617, Section 617.7 of the State Environmental Quality Review Act; be it therefore RESOLVED, that the Southold Town Planning Board hereby declares Lead Agency status for the SEQRA review of this Type I Action; and be it further First Universalist Church — December 5, 2018 - Page 2 RESOLVED, that the Southold Town Planning Board, as Lead Agency pursuant to SEQRA, hereby makes a determination of non-significance for the proposed action and grants a Negative Declaration. Enclosed is a copy of the Negative Declaration for your records. If you have any questions regarding the information contained in this resolution, please contact the Planning Board Office. Respectfully, Donald J. Wilcenski Chairman Encls. Cc: Southold Town Board Town of Southold Historic Preservation Commission New York State Department of Transportation Suffolk County Dept. of Health Services Office of Wastewater Management Mr. Jeff W. Szabo, CEO Suffolk County Water Authority NYSDEC Environmental Notice Bulletin OFFICE LOCATION: „;'`x � � MAILING ADDRESS: Town Hall Annex ' I P.O.Box 1179 54375 State Route 25 , y °% � ' Southold, NY 11971 (cor.Main Rd. &Youngs Ave.) ' = ' ` ? Telephone: 631 765-1933 Southold,NY ; �;� �� ,, � 3 • _3 `' i `vww.southoldtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD State Environmental Quality Review NEGA'T'IVE TDECLARATION Proposed Site Plan for First Universalist Church Project Number: SCTM#1000-63-6-6.1 & 6.2 Date: December 3,2015 The Town of Southold Planning Board as lead agency has determined that the proposed action described below will not have a significant adverse impact on the environment. This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act)of the Environmental Conservation Law. Name of Action: First Universalist Church SEAR Status: Type 1 X Unlisted Scoping: No X Yes_ If yes, indicate how scoping will be conducted: Description of Action: This proposed Site Plan is for the construction of a one story 6,816 sq. ft.place of worship and 32 parking stalls. There is an existing parish house and single family dwelling to remain, all on 1.2 acres in the Residential Office (RO)Zoning District. Location: 51670 Main Road, Southold In a November 14, 2018 letter,the Suffolk County Department of Economic Development and Planning responded that they have no objection with the Planning Board taking lead agency. No other comments were issued. SI.M Environmental Assessment Page.12 December 3.2018 Reasons Supporting This Determination: 1. Impact on Land The parcel is located within the Residential Office zoning district(RO). The purpose of the zoning district is: "is to provide a transition area between business areas and low-density residential development along major roads which-will provide opportunity for limited nonresidential uses in essentially residential areas while strongly encouraging the adaptive reuse of existing older residences, to preserve the existing visual character of the Town and to achieve the goals) of well-planned, environmentally sensitive, balanced development, which the Town has determined to be desirable." The proposed use, Place of Worship, requires Special Exception from the ZBA pursuant to Chapter 280-38(B)1. The parcels to the west and north are split zoned RO and Residential 40. The parcels to the south and east are zoned RO. The proposed use is not discordant with the surrounding uses or zoning districts. Adverse impacts to land will not occur. 2. Impact on Geological Features The site does not contain nor is it adjacent to any unique geologic features. 3. Impacts on Surface Water The nearest surface water is Jockey Creek located 1934+to the south of the parcel. The generalized flow of groundwater from the parcel is expected to be towards the Jockey Creek and Peconic Bay. Recent studies have linked on-site conventional sanitary systems with contributing nitrogen(nitrates)to surface waters and cumulative impacts could be moderate to large in areas with low flushing and high nutrient loads. Long-term, cumulative impacts'to downstream water bodies are a concern. Wastewater will be directly discharged to groundwater via the existing sub-surface sanitary wastewater system currently serving two bathrooms on-site. The systems are in compliance with Suffolk County Department of Health Services Article VI Regulations. The parcel is located within a 2-25 year Baseflow Contributing Areas as identified on the SCDOH Priority Area Map(Reclaimourwater.info) and groundwater is expected to travel to surface waters within this timeframe. To mitigate potential cumulative impacts from N loading,the installation of an I/A Onsite Wastewater Treatment System capable of treating total nitrogen (TN) to 19 mg/L for all newly constructed wastewater systems is required. Impervious surface area on site will increase over existing conditions. One-hundred percent of the site is well drained and the site plan includes passive drainage features. The control of stormwater will be achieved on-site pursuant to Chapter 236 Stormwater Management of the Southold Town Code requirements. SEAR Environmental Assessment December 3,2018 Adverse impacts from the proposed action on surface water quality downstream of the site are expected to be low if an I/A Onsite Wastewater Treatment System is required for any new wastewater systems. 4. Impact on'Groundwater Test hole data indicates that that groundwater was encountered 24' below the surface. In a November 27,2018 letter from Suffolk County Water Authority(SCWA) it was found that no appreciable impacts to groundwater would occur. The use of low maintenance landscaping design for water conservation is recommended. The parcel is located within Groundwater Management Zone IV and is not located within a designated Special Groundwater Protection Area. Water supply to the parcel is sourced from a sole source aquifer. In 1978,the Long Island Regional Planning Board published the Long Island Comprehensive Waste Treatment Management Plan(208 Study). The 208 Study identified eight(8)hydrogeologic zones in Nassau and Suffolk Counties. These zones were distinguished based upon differences in underlying groundwater flow patterns and water quality. The subject site is located within Suffolk County Department of Health Services (SCDHS) Groundwater Management Zone IV,which according to Article 6 of the Suffolk County Sanitary Code,has an allowable flow of 600 gallons per day(gpd)per acre in areas served by public water. The applicant proposes to connect to public water(SCWA water main on S.R. 25)via a 1" water main. The estimated water usage is 2,257 GPD for potable water use and an estimated additional 500 to 575 GPD for irrigation from June to August(peak). Irrigation rates are estimated at 8-21 GPM depending on which zone is running and frequency and duration will be reduced in the shoulder seasons from April to October. Rates will reduce with the establishment of lawn and planted species. The applicant has indicated that the existing, grandfathered sanitary flow for the parcel is 2304 GPD (John Condon P.E.). Calculated sanitary flow for the use is 2,257 GPD. Cumulative, long term impacts from sanitary waste to groundwater quality is a concern and moderate impacts could result.As discussed above,to further mitigate potential water quality impacts,the installation of an I/A Onsite Wastewater Treatment System is required for newly constructed wastewater systems. Recognizing the problem of Nitrogen(nitrates) loading in ground and surface waters,the Suffolk County Legislature established a goal of reducing fertilization in residential areas by 10 to 25 percent and passed Local Law 41-2007 to reduce Nitrogen pollution countywide. Although the landscaped area is small,the following best management practices will be required. a. The use of native, drought-tolerant plants in landscaping. b. Limit irrigation to 15 percent of the total parcel area. c. The use of organic fertilizers where the water-soluble nitrogen is no more than 20% of the total nitrogen in the mixture. d. Apply a maximum of 1 lb. of nitrogen per 1,000 square feet in any one application, with a cumulative application of no more than 2 lbs. per 1,000 square feet per year. SEAR Environmental Assessment 11�j4 December 3x_2018 e. Prohibit the application of fertilizer products containing nitrogen,phosphorus,or potassium between November 1st and April 1st. The expected adverse impacts to groundwater are expected to be low with the implementation of the above requirements. 5. Impact on Flooding The action is not located within a floodway or FEMA mapped flood zone. Drainage will be controlled via on-site control structures pursuant to Chapter 236 Stormwater Management of the Southold Town Code regulations.Adverse impacts on flooding are expected to be none to low. 6. Impacts on Air Air pollution can harm human health and damage elements of the ecosystem. Exposure to air pollution is associated with numerous effects on human health, including pulmonary, cardiac,vascular, and neurological impairments. The proposed action will not result in the significant increase of air pollution or fugitive dust. Adverse impacts on air as a result of this action are expected to be none to low. 7. Impacts on Plants and Animals The NYSDEC Environmental Resource Mapper was referenced to determine any environmental designation have been placed on or in the vicinity of the parcel.None were found. Most vegetation on the parcel has been cleared and wildlife species utilizing the site are indicative of common species adapted to neighborhood settings. The Planting Plan(L-3) provides a sufficient amount of native vegetation. Adverse impacts to existing plants and animals are expected to be none to low. 8. Impact on Agricultural Resources The parcel is not designated within an Agricultural District nor contains viable agricultural soils. Due to the parcel size, location, zoning district and historic and current religious institution use, adverse impacts to agricultural resources on this property are expected to be none too low. 9. Impacts on Cultural/Archeological Resources The parcel is located within the Southold Historic District. The historic church structure that occupied the site had burnt down in March of 2015. The Parsonage was not damaged. SEOR Environmental Assessment Pae 15 December 3,2018 Structures constructed within the district require review and approval through the issuance of a Certificate of Appropriateness (C of A) before a building permit will be approved by the Southold Town Landmarks Preservation Commission. This oversight will further achieve the preservation of the historic character and culture of the district. Based on the pre-existing development and disturbance resulting from restoration of the site following a structure fire, impacts to cultural/archeological resources are expected to be low. 10. Impacts on Aesthetic Resources The site is directly visible from a New York State Scenic Byway, and is visible from publicly accessible vantage points seasonally and year-round by routine travel of residents and visitors. The proposed building includes features indicative of a church, including a tower with a top elevation of 52'and architecture cognizant of the historic and scenic character of the streetscape. The new construction proposed would increase the percent lot coverage to 17.1 percent and conforms to bulk schedule requirements. Adverse impacts to aesthetic resources are not expected. 11. Impact on Open Space and Recreation The site does is privately owned and does not currently offer public recreational opportunities. The likelihood of the land area being converted to recreational use is low. 12. Impact on Critical Environmental Areas The site is not located within a Critical Environmental Area. 13. Impact on Transportation The site will be accessed from S.R. 25 using an existing curb cut with a 22' wide aisle width. A total of 34 parking spaces (including 2 handicap spaces)are proposed. The parcel is located opposite Tuckers Lane and Budds Park Memorial on a curve. The speed limit in this section of the road is 30 MPH. The line of sight from the proposed access is limited for southbound travelers. There is currently not a delineated left hand turn lane for traffic entering the parcel. Historically, vehicles park on the shoulder of S.R. 25 to access the Parsonage building east of a "No Stopping" sign. The signage continues along the front of the property around the radius of the curve for the entire width of the property. Over flow parking for events is expected to be in the street where permitted. The New York State Department of Transportation will be contacted to determine if additional safety improvements are necessary. �EQR Environ]rental Assessment Page I 6 Deceinher 3_,.?0 18. Pedestrian access is sufficient with an existing sidewalk along the front of the parcel connected to residential areas and the commercial center of the Hamlet. Moderate to large impacts to transportation are not expected. 14. Impact on Energy The structures are expected to contain customary interior and exterior electrical fixtures under normal energy use. Construction of all buildings shall comply with New York State Energy Conservation Construction Code. No alternative energy is proposed. Adverse impacts on energy use are expected to be low. 15. Impact on Noise, Odor,and Light Noise will be short term in duration and limited to construction operations. Anticipated term of construction will be 10 to 12 months. Odors capable of adversely impacting the area are not expected. Lighting is proposed to comply with Chapter 172. Lighting, Outdoor in the Southold Town Code. Lighting fixtures on site that do not currently comply will be removed and replaced with compliant fixtures. Two utility pole streetlights currently in place will remain. Adverse impacts on noise, odor, and light are expected to be low. 16. Impact on Human Health No substantial hazard to human health is expected to occur as a result of this proposed action. Stormwater and fugitive dust are expected to be adequately controlled pursuant to a Chapter 236 Stormwater of the Southold Town Code. The parcel is located outside of the FEMA mapped flood zone. Adverse impacts to human health are therefore expected to be none to low. 17. Consistency with Community Plans On October 10, 2018,the action was recommended as consistent with the Town of Southold Local Waterfront Revitalization Program Policies (LWRP). The action is also consistent with community plans. Adverse impacts on the consistency of community plans are expected to be low. 18. Consistency with Community Character The parcel is located within 1500 feet of the Southold Union Free School property (Elementary School, Junior/Senior High School). The site is served by the Southold fire and police departments and Southold Union Free School District. School aged children will not be living at the site and therefore no impacts to the schools will occur. SEAR E.iivironmental Assessment Pae 17 December 3, 2018 The Southold Fire District determined that there is adequate fire protection for the property. The proposed use is not expected to create moderate to large demand for additional community services(e.g. schools, police and fire). The proposal is not inconsistent with community character of the area. For Further Information: Contact Person: Mark Terry, AICP,Assistant Town Planning Director Address: P.O. Box 1179, 5309 State Road 25, Southold,New York 11971 Telephone Number: 631-765-1938 rlgenc�tasetsnly lttAPPliralalal Project" First Universalist Chumh tete' Dccemmr 3.201a J Full Environmental Assessment Form Part 3-Evaluation of the Magnitude and Importance of Project Impacts and Determination of Significance Part 3 provides the reasons in support of the determination of significance. The lead agency must complete Part 3 for every question in Part 2 where the impact has been identified as potentially moderate to large or where there is a need to explain why a particular element of the proposed action will not,or may,result in a significant adverse environmental impact, Based on the analysis in Part 3,the lead agency must decide whether to require an environmental impact statement to further assess the proposed action or whether available information is sufficient for the lead agency to conclude that the proposed action will not have a significant adverse environmental impact. By completing the certification on the next page,the lead agency can complete its determination of significance. Reasons Supporting This Detennination: To complete this section: • Identify the impact based on the Part 2 responses and describe its magnitude. Magnitude considers factors such as severity, size or extent of an impact. ® Assess the importance of the impact. Importance relates to the geographic scope,duration,probability of the impact occurring,number of people affected by the impact and any additional environmental consequences if the impact were to occur. ® The assessment should take into consideration any design element or project changes. ® Repeat this process for each Part 2 question where the impact has been identified as potentially moderate to large or where there is a need to explain why a particular element of the proposed action will not,or may,result in a significant adverse environmental impact. • Provide the reason(s)why the impact may,or will not,result in a significant adverse environmental impact o For Conditional Negative Declarations identify the specific condition(s)imposed that will modify the proposed action so that no significant adverse environmental impacts will result. • Attach additional sheets,as needed. See Attached State Environmental Quality Review Negative Declaration Notice of Determination Non-Significance i l t i t Determination of Significance- 'Type 1 and Unlisted Actions Sf;Qlt 5'_11 Q"lupe 1 ❑ Unlisted 1 Idea ti"y,)onions of completed fbi this Pro ect ] Pai 1 !✓1 Part 2 Nan 3 Upon review of the information recorded on this EAF,as noted,plus this additional support information Suh pcl Filn and considering both the magnitude and importance of each identified potential impact,it is the conclusion of the Southold Planninq Board as lead agency that: © A. This project will result in no significant adverse impacts on the environment,and,therefore,an environmental impact statement need not be prepared. Accordingly,this negative declaration is issued. ❑ B. Although this project could have a significant adverse impact on the environment,that impact will be avoided or substantially mitigated because of the following conditions which will be required by the lead agency: There will,therefore,be no significant adverse impacts from the project as conditioned,and,therefore,this conditioned negative declaration is issued. A conditioned negative declaration may be used only for UNLISTED actions(see 6 NYCRR 617A). ❑ C. This Project may result in one or more significant adverse impacts on the environment,and an environmental impact statement must be prepared to further assess the impact(s)and possible mitigation and to explore alternatives to avoid or reduce those impacts. Accordingly,this positive declaration is issued. Name of Action' First Universalist Church SCTM#1000-63-6-6.1&6 2 Name of Lead Agency: Southold Planning Board Name of Responsible Officer in Lead Agency' Donald Wilcenski Title of Responsible Officer: Chairman Signature of Responsible Officer in Lead Agency: 1 � � "�✓� w _ Date: l a k 7S Signature of Preparer(if different from Responsible Officer) ' w Date. i C� For Further Information: d Contact Person: Mark Terry,Assistant Town Planning Director �� f � f { Address: 54375 State Route 25,P.O.Box 1179 Southold,NY 11971 1 Telephone Number,631-765-1938 E-Mail:Mark Terry@town southold ny us i For Type l Actions and Conditioned Negative Declarations,a copy of this Notice is sent to: Chief Executive Officer of the political subdivision in which the action will be principally located(e.g.,Town/City I Village of) Other involved agencies(if any) I Applicant(if any) i Environmental Notice Bulletin: 1atp- .a,. : ; "Wn hum PRINT FULL FORM Pzge 2 of 2 OFFICE LOCATION: r, _ MAILING ADDRESS: P.O.Box 1179 Town Annex 54375 ta elRoute 25 � 8�' ' Southold, NY 11971 (cor.Main Rd.&Youngs Ave.) Southold,NY ¢ '"«' `; Telephone:631765-1938 N www.southoldtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD December 5, 2018 John Coughlin, Esq. c/o Re, Nielsen, Huber& Coughlin, LLP 775 Park Avenue, Suite 260 Huntington, NY 11743 Re; Conditional Approval and SEQRA Determination: Special Exception for Laurel Stone Cell Tower SCTM#1 000-122.-6-35.4 Zoning District: General Business (B) Dear Mr. Coughlin: The Southold Town Planning Board adopted the following resolutions at a meeting held on Monday, December 3, 2018: WHEREAS, an application for a Special Exception & Site Plan Approval for a wireless communication facility consisting of a 120' tall monopole for Verizon and AT&T and the Mattituck Fire District's emergency communication antennas at 7055 State Route 25, in Mattituck, also the location of Laurel Stone Supply, was submitted for review ori August 24, 2017, and WHEREAS, the Southold Town Planning Board reviewed the applications together with their independent technical consultant, Cityscape and additional information was requested; and WHEREAS, on February 6, 2018, the additional information was accepted for review and a public hearing was set; and WHEREAS, on May 11, 2018, the applicant submitted additional information that was accepted for review and a public hearing was set; and Laurel Stone Cell Tower Pae 12 December 5, 2018 WHEREAS, on July 9, 2018 the public hearing was conducted and held open for additional information from the applicant; and WHEREAS, on August 3, 2018, the applicant submitted additional information; and WHEREAS, on September 21, 2018 the applicant submitted additional information; and WHEREAS, on November 30, 2018, the Town of Southold Local Waterfront Revitalization Program Coordinator reviewed the proposed project and determined the project to be inconsistent with Southold Town LWRP policies; and WHEREAS, the Planning Board, as Lead Agency, performed an uncoordinated review of this Unlisted Action pursuant to 6 NYCRR Part 617, Section 617.7 of the State Environmental Quality Review Act (SEQRA); and WHEREAS, upon review of all submitted materials, the Planning Board has found that the application cannot be approved as submitted, as detailed in the Planning Department staff report dated December 3, 2018. The Planning Board acknowledges, however, that there is a need for improved cell and emergency communications services, and that the application, if modified, could be approved after certain conditions are met; therefore be it RESOLVED, that the Planning Board, pursuant to the State Environmental Quality Review Act, hereby makes a conditional determination of non-significance and grants a Conditioned Negative Declaration; and be it further RESOLVED, that the Planning Board hereby finds the application is inconsistent with the LWRP; and be it further RESOLVED, that the Planning Board hereby finds and determines that the standards for Special Exception Approval have not been met; and be it further RESOLVED, that after consideration of the above factors, the Southold Town Planning Board grants a Conditional Special Exception approval for the Wireless Communications Facility at 7055 NYS Route 25 Mattituck with the following conditions that must be met prior to a final Special Exception approval resolution: Conditions: 1. Reduce the height of the tower to meet Town Code — 80'. 2. Add vegetated screening to the site to better meet the code and reduce visual impacts. 3. Add green privacy slats to the chain link fence surrounding the equipment compound to reduce visual impacts. 4. Re-evaluate the visual impact of the new height and whether the location of the tower should be moved to be better screened by the existing building. Laurel Stone Cell Tower Pae 13 December 5, 2918 5. Supply more details regarding the access road to the site and whether a new driveway is being proposed. 6. Structural corroboration from the Town's independent consultant regarding the reduced fall zone is received. 7. Re-evaluate the radio emissions Maximum Permissible Exposure at new height. 8. Submit revised Special Exception and Site Plan applications with plans and associated required information reflecting the reduced tower height and other conditions above. 9. Referral comments from relevant agencies based on the revised plans are received and addressed, including but not limited to the NYSDOT, Southold Town Engineer (stormwater runoff prevention), Town Fire Marshal (fire apparatus access), LIRR, and SC Planning Commission. Please also note the following requirements in the Southold Town Code relating to Special Exceptions: 1. Any Special Exception Approval granted under this article shall have a term of five years, commencing from the granting of the Special Exception, which may be extended for an additional five-year term upon application to the Planning Board. 2. On a renewal application, the applicant shall demonstrate that the wireless communication facility is in compliance with all applicable laws, rules and regulations and with all of the conditions of the Special Exception Approval and Site Plan, that the facility is necessary to provide adequate service, and that there is no reasonable alternative available to the owner which will provide adequate service without the continuing use of the facility. 3. Subsequent Special Exception renewals shall be subject to review by the Planning Board and subject to such standards that shall be included in the Town Code at that point in time. Enclosed please find a copy of the Conditioned Negative Declaration for your records. If you have any questions regarding the information contained in this resolution, please contact the Planning Board Office. <-Sincerely,kSS r aQ V� Donald J. Wilcenski Chairman Laurel Stone Cell Tower Pae 14 December 6,.2018 Encl. cc: James Richter, Stormwater Manager, Office of theTown Engineer Michael Verity, Chief Building Inspector, Building Department By signing this letter, the attorney for the applicant acknowledges that there are conditions, listed above. Print name: Attorney for the Applicant Signature: Date: OFFICE LOCATION: rr —-:-" MAILING ADDRESS: Town Hall Annex ��} S 1� , P.O.Box 1179 54375 State Route 25 t}' „ . fs*� Southold,NY 11971 (cor.Main Rd.&Youngs Ave.) , 5 °F .: az Telephone:631765-1938 Southold,NY Z'13z _ 1` www.southoldtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD State Environmental Quality Review CONDITIONED NEGATIVE DECLARATION December 3,2018 Name of Action: Cell Tower at Laurel Stone SCTM#: 1000-122-6-35.1 Location: The property is located at 7055 Route 25,Mattituck,NY SEQR Status: Type I ( ) Unlisted (X) This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8(State Environmental Quality Review Act)of the Environmental Conservation Law. The Town of Southold Planning Board as lead agency has determined that the proposed action described below may have a potentially significant adverse impact on the environment, but the impact can be eliminated or adequately mitigated by conditions imposed by the lead agency, without the need for additional environmental studies. Description of Action: This proposed Site Plan is for a 120'tall wireless communication facility(cell tower)for one Verizon section 110'-120'a.g.l. and two AT&T antenna sections 90'- 1 10'a.g.l. and three(3)empty 10'sections for possible future co-location(all concealed within the pole), along with a 2,500 sq.ft. area for proposed associated ground equipment.There are X5,078 sq. ft.of existing buildings including a stone supply yard and associated accessory structures, all on 1.6 acres in the General Business Zoning District. 1.Impact on Land The Applicant is proposing a tower height of 120 feet,with Verizon locating at 115 feet,and AT&T using two locations, 105 feet and 95 feet. As proposed,the proposal does not comply with three(3)sections of the Town of Southold Town Code: § 280-70-I(2 Height limited to 80 feet § 280-70-I(2) Minimum distance to adjacent residential property lines shall be no less than 500 feet I § 280-70-N(4) Base equipment landscaping The action requires Special Exception from the Southold Town Planning Board. The property is zoned General Business(B). To the east and west of the site the parcels are also zoned B, to the south Residential 40(R-40)and Agricultural Conservation(AC)and to the north Residential 80 (R-80). The parcel is currently improved with an industrial materials yard use. Surrounding land uses within the vicinity of the site include residential,commercial,public transportation(LIRR),utilities(SCWA)and vacant Iand.Based on the existing use and improvements,the proposed action will not cause a substantial intensification of use in the area relative to existing,surrounding development. Moderate to large adverse impacts to land are not expected to occur. 2. Impact on Geological Features Adverse impacts to Geologic Features will not occur. 3. Impacts on Surface Water Adverse impacts to surface water are not expected.The parcel is currently improved. Storm water will be controlled on-site. 4. Impacts on Groundwater Adverse impact's to groundwater are not expected. 5. Impact on Flooding The proposed action is located within an unmapped FEMA flood zone. Adverse impacts on flooding are not expected. 6. Impact on Air No adverse impacts to air quality would occur as a result of the action. 7. Impact on Plants and Animals The site is cleared and improved; therefore,the proposed action will not result in the significant removal or destruction of large quantities of vegetation.No impacts to soils will result. The New York Department of Environmental Conversation(NYSDEC)Environmental Resource Mapper indicates that protected species are located within the vicinity where the project is proposed.However, due to the previous development, impacts to protected species are expected to be low. No significant impacts to a significant habitat area will occur. i 8. Impact on Agricultural Resources 2 The proposed action will not cause significant adverse impacts to agricultural resources,, 9. Impact on Aesthetic Resources The support structure(monopole)is directly visible from State Route 25 (S.R.25),a New York State Scenic Byway and is visible from publicly accessible vantage points seasonally and year-round by routine travel of residents and visitors.The equipment compound due to the setback distance and location behind existing structures on the subject property and adjacent properties is not readily apparent to travelers on NYS 25.Vegetative screening of the equipment compound or privacy fencing is not proposed. Chain link fencing is proposed to secure the equipment compound. A visual analysis titled Proposed Wireless Communications Facility 7055 Main Road(May 2017), prepared by VHB Consultants has been submitted and reviewed.The study analyzed a one mile radius from the 120' proposed concealment pole and associated equipment using a crane test. Thel2+foot Mattituck Fire Department antenna proposed on the concealment pole was included.It is recognized that the concealed antennae design contributes to mitigating adverse impacts to scenic character. The study concludes that the proposed concealment pole would have limited visibility and would be ren.erally no higher in the visual horizon than existing vertical elements. Submitted photos do not fully support the conclusion.Photographs 5, 11 and 12 show the proposed concealment pole above existing elements.As assessment of. i.Routine travel by residents, including travel to and from work and ii. Recreational or tourism based activities on S.R.25 as required by SEQR is not well represented.The assessments do not mention the designation.Further,the proposed action will be visible from publicly accessible vantage points seasonally(e.g., screened by summer foliage,but visible during other seasons) and year round. A second visual analysis titled Public Utility Wireless Communication Facility 7055 Main Road, Mattituck, New York(April 2015)prepared by Creative Visuals,Inc.was also submitted for review.The report provides 3D AutoCAD modeling of the proposed concealment pole from 9 viewpoints.This assessment also does not provide a thorough analysis from S.R.25 and east and west of the subject property.Viewpoint 9 is taken from the rear of the property looking south towards S.R.25. There is no ability to determine scenic impacts(if any)from this vantage point. One eastbound approach view and no westbound approach views were provided. Based upon the analysis,the proposed action may result in a moderate impact to view sheds important to the community.Mitigation to lessen adverse impacts to aesthetic resources could include the reducing of the height of the proposed concealment pole.Further visual analysis on the impact to the scenic qualities of S.R.25 is recommended. 10. Impact on Historic and Archeological Resources No cultural or historic resources have been identified within 300' of the site. The site is improved; therefore,the action would not result in adverse impacts to cultural/historic resources. Similarly,the proposed action will not impair the character or quality of important historic, architectural resources. 11. Impact on Open Space and Recreation i Adverse impacts to open space and recreation are not expected to occur as a result of this action. 12. Impact on Critical Environmental Areas I 3 i I The parcel is located within the NYSDEC Critical Environmental Area Special Groundwater Protection Area(Central Suffolk)Map#2.Due to the proposed use and scale of development, impacts to groundwater will not result and therefore,adverse impacts to the Critical Environmental Area will not occur as result of this action. 13. Impact on Transportation The Federal Aviation Administration has issued a Determination of No Hazard to Air Navigation letter on May 26,2015. Vehicle trips will be short term and limited to construction and maintenance vehicles.No adverse impacts to transportation will occur as a result of the action. 14. Impact on Energy No to low adverse impacts on energy will occur as a result of the action. 15. Impact on Noise, Odor, and Light Adverse impacts from noise, odor and light are expected to be none too low as a result of the action. 16. Impact on Human Health The proposed location of the concealment monopole does not meet Town Code requirements that require a minimum distance to adjacent residential property lines of no less than 500 feet.To the south properties are zoned residential 40(R-40),agricultural conservation(AC)and to the north residential 80(R-80).All of these districts allow residential use.The location,therefore;does not comply with design parameters as outlined to protect the health,safety and welfare of existing or future residential use. File record shows that the applicant has sought an alternative location; however,one was not identified.Due to the size of the parcel,the opportunity to increase the distance from residential zoned property lines is not achievable. Thea applicant has submitted an assessment'of Radio Frequency Pp q Y RF Compliance entitled RF ( ) Proposed Laurel Cellular Facility(May 4,2016)prepared by C Squared Systems,LLC.The report addresses the Verizon Wireless need for the concealment pole and confirms that there are no other suitable existing structures that meet coverage objectives. The report does not assess nor conclude that the radio frequency(RF)emissions from the proposed antenna to be in compliance with FCC Maximum Permissible Exposure(MPE) limits and fails to identify impacts to public health. j Electromagnetic Field Intensities(EMF-Power Densities)were assessed in a second report prepared by Scinetx,LLC (May 2017). The report concludes that the cumulative,combined EMF emissions resulting from the proposed use will be far below EMF continuous exposure levels as per Federal Communication Commission(FCC)Continuous Exposure Standards, OSHA, 1986 NCRP and NYSDOH limits. The combined cumulative percentage of EMF emission levels which could result would be less than 1.68%and below by a factor greater than 59 of all FCC standards. The report also concludes 4 I that MHz frequency bands will not cause harmful interference with humans or animals within the exposure area. The fall zone radius of the concealment pole is a concern.The distance of the concealment pole to the frame building(Red Barn)has not been provided and adverse impacts to the building and possible occupants could result from structural failure.Engineers representing the applicant indicate that the 120 foot tall monopole could be designed to fail at approximately 60' elevation; essentially providing a 60' failure radius(Letter from Valmont Structure dated November 3, 2016).It is unknown if this design and failure radius is sufficient to avoid the frame building and it should be addressed under site plan review. Note that the site is adjacent to L.I.R.R.property to the west. Comments from the agency should be solicited. Moderate to large impacts on human health are not expected provided that it is determined that the fall zone will not impact the frame building to the south. 17. Consistency with Community Plans The siting of telecommunication towers through the Town is determined on a case by case basis and needs analysis under Planning Board review. Process and Town objectives to protect quality of life and aesthetic qualities,among others,are incorporated in Chapter 280.Zoning Article XVII.Wireless Communication Facilities of the Southold Town Code. The purpose of the a section is stated as follows: §280-67 Purpose. It is the express purpose of this article to minimize the visual and environmental impacts of wireless communication facilities while protecting the health, safety and welfare of Southold's citizens and allowing wireless service providers to meet their technological and service objectives.In addition, the regulation of wireless facilities, including the type of structure, is intended to protect the scenic and aesthetic qualities of the Town of Southold. This article allows wireless communication facilities in certain preferred locations to be reviewed and approved in keeping with the Town's existing zoning and historic development patterns, including the size and spacing of structures. As indicated above,the applicant is seeking three separate waivers for the action. §280-70-1(2) Height limited to 80 feet §280-70-I(2) Minimum distance to adjacent residential property lines shall be no less than 500 feet §280-70-N(4) Base equipment landscaping i The proposed 80' height limitation within the Town Code protects the scenic and aesthetic qualities of the Town with the understanding that to achieve adequate telecommunication coverage town wide,additional towers will be needed in preferred locations to resolve coverage gaps and provide additional locations for carriers. Therefore the proposal for a 120' concealment antenna pole is not consistent with the community plans as reflected in Town Code or stated I I 5 I purpose; is in sharp contrast to,current surrounding land use pattern(s)and is inconsistent with Iocal land use plans or zoning regulations. In past planning documents,the area has been identified as a second commercial area in.the Hamlet of Mattituck by stakeholders(Town of Southold Hamlet Study(2004 to 2009)). Recommendations for the area included improving the streetscape and developing building design standards to address"this visually cluttered corridor".Telecommunications equipment was specifically mentioned.Article XVII. Wireless Communication Facilities of the Southold Town Code was subsequently updated to include greater protection of the scenic qualities and health safety and welfare of the Town residents and visitors. As proposed the action is recommended as inconsistent with the Town of Southold Local Waterfront Revitalization Program(November 29,2018)and with community plans.A moderate adverse impact may occur if the action is implemented as planned. 18. Consistency with Community Character I The 120' height of the concealment pole is recommended as inconsistent with community character and architectural scale defined by the height of existing structures(buildings on and offsite,utilities and vegetation)and may result in a moderate impact without design changes. Based upon the above, adverse impacts to the environment are expected to occur should the project be implemented as planned.This determination is based, in part, on the proposed greater than the 80 foot maximum height and location and the insufficient visual analysis along S.R.25, a Scenic Byway. A Conditioned Negative Declaration is issued with the following conditions: 1. To mitigate moderate, adverse impacts to aesthetics,consistency with community plans and consistency with community character a reduction in the height of the proposed concealment pole to meet Town Code is required. For Further Information: Contact Person: Mark Terry,Assistant Town Planning Director Address: Southold Town Planning Board Telephone Number: 631-765-1938 Cc: Suffolk County Department of Health Services Southold Town Board Suffolk County Planning Department Southold Town Engineer Southold Town Architectural Review Committee Mattituck Fire District_ Environmental Notice Bulletin' Southold Town Police Department File Any person requesting a copy, 6 Agency Use Only(IfApplrc-lblel Project:Jrell Tower at Laurel Stone Date: Z?acembar J.20"9 Full Environmental Assessment Forjn Part 3-Evaluation of the Aftignitucle and Importance of Project Imp'aels and Determination gf'Signiftcance Part 3 provides the reasons in support of the determination of significance. The lead agency must complete Part 3 for every question in Part 2 where the impact has been identified as potentially moderate to large or where there is a need to explain why a particular element of the proposed action will not,or may,result in a significant adverse environmental impact. Based on the analysis in Part 3,the lead agency must decide whether to require an environmental impact statement to further assess the proposed action or whether available information is sufficient for the lead agency to conclude that the proposed action will not have a significant adverse environmental impact. By completing the certification on the next page,the lead,agency can complete its determination of significance. Reasons Supporting This Determination: To complete this section: • Identify the impact based on the Part 2 responses and describe its magnitude. Magnitude considers factors such as severity, size or extent of an impact. • Assess the importance of the impact. Importance relates to the geographic scope,duration,probability of the impact occurring,number of people affected by the impact and any additional environmental consequences if the impact were to occur. • The assessment should take into consideration any design element or project changes. • Repeat this process for each Part 2 question where the impact has been identified as potentially moderate to large or where there is a need to explain why a particular element of the proposed action will not,or may,result in a significant adverse environmental impact. • Provide the reason(s)why the impact may,or will not,result in a significant adverse environmental impact • For Conditional Negative Declarations identify the specific condition(s)imposed that will modify the proposed action so that no significant adverse environmental impacts will result. • Attach additional sheets,as needed. See Attached State Environmental Quality Review Conditioned Negative Declaration Notice of Determination 1 t f Determination o#'Significance -Type I and Enlisted Actions _. I SEQR Status •t YPL 1 identify )ortions of EAF coinpletcd for:1':s Plol''Cr ZI Pal ; ® Part 2 ®Pari 3 Upon review of the information recorded on this EAF,as noted,plus this additional support information S�,tz1�S4„Eilr' and considering both the magnitude and importance of each identified potential impact,it is the conclusion of the Southold Planning Board as lead agency that: ❑ A. This project will result in no significant adverse impacts oil the environment,and,therefore,an environmental impact statement need not be prepared. Accordingly,this negative declaration is issued. ® B. Although this project could have a significant adverse impact on the environment,that impact will'be avoided or substantially mitigated because of the following conditions which will be required by the lead agency: 1).The Leic�t t Cat the rtlnC.e31slYL�t tt7rS L S1tilt he r?riiic6 t frL1tT1�2{l' rn RQl'trx r,c t StlttltlCtld_T[tN1iLC�Lt� Rn 711 f(2 There will,therefore,be no significant adverse impacts from the project as conditioned,and,therefore,this,conditioned negative declaration is issued. A conditioned negative declaration may be used only for UNLISTED actions(see 6 NYCRR 617.d). ❑ C. This Project may result in one or more significant adverse impacts on the environment,and an environmental impact statement must be prepared to further assess the impact(s)and possible mitigation and to explore alternatives to avoid or reduce those impacts. Accordingly,this positive declaration is issued. Name of Action: Cell Tower at Laurel Stone SCTM#1000-122-6-35.1 Name of Lead Agency: Southold Planning Board Name of Responsible Officer in Lead Agency: Donald Wilcenski Title of Responsible Officer: Chairman Signature of Responsible Officer in Lead Agency: C,L L _ Date: { Signature of Preparer(if different from Responsible Officer)-` `�Date: For Further Information: .' Contact Person: Mark Terry,Assistant Town Planning Director r i Address: 54375 State Route 25,P.O Box 1179,Southold,NY 11971 Telephone Number:631-765-1938 t E-mail:Mark.Terry@town.southold.ry.us t For Type f Actions and Conditioned Negative Declarations,a copy of this Notice is sent to: Chief Executive Officer of the political subdivision in which the action will be principally located(e.g.,Town!City 1 Village of) Other involved agencies(if any) Applicant(if any) Environmental Notice Bulletin .jtr;.; .es.�'t{:_.n ' a:'c,il fit( html i PRINT FULL FORM Page 2 of 2 OFFICE LOCATION: rz MAILING ADDRESS: Town Hall Annex ' P.O.Box 1179 54375 State Route 25 i3� � �., 'Q, Z„ Southold,NY 11971 (cor.Main Rd. &Youngs Ave.) Southold NY �? Telephone: 631 765-1938 www.southoldtownuy.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD December 5, 2018 John Coughlin, Esq. c/o R6, Nielsen, Huber & Coughlin, LLP 775 Park Avenue, Suite 260 Huntington, NY 11743 Re: Conditional Site Plan Approval: Laurel Stone Cell Tower Located at 7055 Main Road Mattituck, NY 11952 SCTM#1 000-122.-6-35.4 Zoning District: General Business (B) Dear Mr. Coughlin: The Southold Town Planning Board adopted the following resolution at a meeting held on Monday, December 3, 2018: WHEREAS, an application for a Special Exception & Site Plan Approval for a wireless communication facility consisting of a 120' tall monopole for Verizon and AT&T and the Mattituck Fire District's emergency communication antennas at 7055 State Route 25, in Mattituck, also the location of Laurel Stone Supply, was submitted for review on August 24, 2017; and WHEREAS, the Southold Town Planning Board reviewed the applications together with their independent technical consultant, CityScape and additional information was requested; and WHEREAS, on February 6, 2018, the additional information was accepted!for review and a public hearing was set; and WHEREAS, on May 11, 2018, the applicant submitted additional information that was accepted for review and a public hearing was set; and Laurel Stone Cell Tower Pae 12 December 5 2018 WHEREAS, on July 9, 2018 the public hearing was conducted and held open for additional information from the applicant; and WHEREAS, on August 3, 2018, the applicant submitted additional information; and WHEREAS, on September 21, 2018 the applicant submitted additional information; and WHEREAS, on November 30, 2018, the Town of Southold Local Waterfront Revitalization Program Coordinator reviewed the proposed project and determined the project to be inconsistent with Southold Town LWRP policies; and WHEREAS, on December 3, 2018, the Planning Board, pursuant to the State Environmental Quality Review Act (SEQRA), granted a Conditioned Negative Declaration; and WHEREAS, on December 3, 2018, the Planning Board found the application inconsistent with the LWRP; and WHEREAS, on December 3, 2018, the Planning Board granted a Conditional Special Exception Approval; and WHEREAS, upon review of all submitted materials, the Planning Board has found that the site plan application cannot be approved as submitted, as detailed in the Planning Department staff report dated December 3, 2018. The Planning Board acknowledges, however, that there is a need for improved cell and emergency communications services, and that the application, if modified, could be approved after certain conditions are met; therefore be it RESOLVED, that after consideration of the above factors, the Southold Town Planning Board grants a Conditional Site Plan approval for the Wireless Communications Facility at 7055 NYS Route 25 Mattituck with the following conditions that must be met prior to a final Site Plan approval resolution: Conditions: 1. Reduce the height of the tower to meet Town Code— 80'. 2. Add vegetated screening to the site to better meet the code and reduce visual impacts. 3. Add green privacy slats to the chain link fence surrounding the equipment compound to reduce visual impacts. 4. Re-evaluate the visual impact of the new height and whether the location of the tower should be moved to be better screened by the existing building. 5. Supply more details regarding the access road to the site and whether;a new driveway is being proposed. Laurel Stone Cell Tower Pae 13 December 5, 2018 6. Structural corroboration from the Town's independent consultant regarding the reduced fall zone is received. 7. Re-evaluate the radio emissions Maximum Permissible Exposure at new height. 8. Submit revised Special Exception and Site Plan applications with plans and associated required information reflecting the reduced tower height and other conditions above. 9. Referral comments from relevant agencies based on the revised plans are received and addressed, including but not limited to the NYSDOT, Southold Town Engineer (stormwater runoff prevention), Town Fire Marshal (fire apparatus access), LIRR, and SC Planning Commission. Please note this conditional approval expires in 18 months. Enclosed please find a copy of the Conditioned Negative SEQRA Declaration for your records. If you have any questions regarding the information contained in this resolution, please contact the Planning Board Office. Sincerely, Donald J. Wilcenski Chairman Encl. cc: James Richter, Stormwater Manager, Office of theTown Engineer Michael Verity, Chief Building Inspector, Building Department By signing this letter, the attorney for the applicant acknowledges that there are conditions, listed above. Print name: Attorney for the Applicant Signature: Date: I I I OFFICE LOCATION: , z::z w_:` MAILING ADDRESS: Town Hall Annex f;,", f -.r ;. Y.O.Box 1179 54375 State Route 25 ,i f®`� � � ' Southold, NY 11971 1, _ ' (cor.Main Rd. &Youngs Ave.) Telephone:631765-1938 Southold,NY w ww southoldtownny.gov �t 3.- ,., of%fir •$ .,. PLANNING BOARD OFFICE TOWN OF SOUTHOLD December 5, 2018 Mr. Douglas Pearsall P.O. Box 341 Mattituck, NY 11952 Re: Approval - Site Plan Eastern Front Brewing Company Retail 13100 Main Road, t 250' n/e/o Love Lane & Main Road, Mattituck SCTM#1000-114.-11-11.1 Dear Mr. Pearsall: The following resolutions were adopted at a meeting of the Southold Town Planning Board on Monday, December 3, 2018: WHEREAS, this Site Plan is for a proposed 1,902 sq. ft. retail store located'in the front of an existing 2-story building, with no change to the footprint. The remainder of the building consists of two dwelling units. Also existing on site is a detached 360 sq. ft.:garage. There are 12 parking stalls proposed for this application on 0.62 acres in the HB Zoning District, Mattituck; and WHEREAS, on June 11, 2018, Douglas Pearsall, applicant, submitted a Site Plan Application for review; and WHEREAS, on July 9, 2018, the Planning Board found the application incomplete for review and required revised site plans and additional information; and WHEREAS, on July 13, 2018, Douglas Pearsall, applicant, submitted revised site plans and information as required; and WHEREAS, on July 23, 2018, the Planning Board accepted the application 'as complete for review; and WHEREAS, on August 6, 2018, the Southold Town Planning Board, pursuant to State Environmental Quality Review Act (SEQRA) 6 NYCRR, Part 617.5 (c), determined that the Eastern Front Retail Page 2 Deeemher 5, 2018 proposed action is a Type II Action as it falls within the following description for 6 NYCRR, Part 617.5(c)(7) construction or expansion of a primary or accessory/appurtenant, non- residential structure or facility involving less than 4,000 square feet of gross floor area and not involving a change in zoning or a use variance and consistent with local land use controls, but not radio communication or microwave transmission facilities;'and WHEREAS, on September 10, 2018, a Public Hearing was held and closed; and WHEREAS, on September 26, 2018, 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 October 9, 2018, the Southold Town Fire Inspector reviewed and determined that there was adequate fire protection and emergency access'for the site; and WHEREAS, on October 18, 2018, the Southold Town Engineer reviewed the proposed application and determined the site plan met the minimum requirements of,Chapter 236 for Storm Water Management; and WHEREAS, on October 26, 2018, the Mattituck Fire District determined there was adequate fire protection for the site; and WHEREAS, on October 26, 2018, the Town of Southold Local Waterfront Revitalization Program Coordinator reviewed the proposed project and determined the project to be consistent with Southold Town LWRP policies with recommendations to the Planning Board; and WHEREAS, on October 26, 2018, John Condon, P.E., certified the existing sanitary system as functioning as designed; and WHEREAS, at a Work Session on November 5, 2018, the Planning Board reviewed the proposed application and required revisions to the Site Plan and additional information; and WHEREAS, on November 14, 2018, Douglas Pearsall, applicant, submitted revised Site Plans and additional information; and WHEREAS, on November 30, 2018, Douglas Pearsall, applicant, submitted revised Site Plans; and i WHEREAS, on November 30, 2018, the Southold Town Chief Building Inspector reviewed and certified the proposed retail and two apartments as permitted uses in the Hamlet Business (HB) Zoning District; and Eastern Front Retail Page 3 December 8, 2018 WHEREAS, on December 3, 2018, the Southold Town Planning Board determined that all applicable requirements of the Site Plan Regulations, Article XXIV, §280—ISite Plan Approval of the Town of Southold were met; be it therefore 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; and be it further RESOLVED, that the Southold Town Planning Board approves the Site Plan with seven (7) conditions, on the site plan entitled "Eastern Front Retail" prepared by Douglas Pearsall dated July 12, 2018, and authorizes the chairman to endorse the site plan. Conditions 1. A minimum of two (2) street trees of the same species shall be planted by June 1, 2019. These trees shall be at least a two (2") inch caliper and located on the property south of the existing sidewalk and relatively in line with the existing flag pole; 2. The garage is for accessory storage to the residential use only and any other use of these areas by Eastern Front will require an amended site plan application; 3. A truck apron shall be implemented for the construction period with a landscape fabric bottom, then larger stone on top, for protection of the sidewalk and existing apron ramp; 4. Trees along the western and southern property boundaries should be retained where practicable; 5. Before the support of an issuance of a Certificate of Occupancy (CO) by the Planning Board, the sidewalk(s) and driveway apron shall be inspected for any damage and repaired if necessary; 6. Any change in the business model as presented to the Planning Board for this application will require an amended site plan review; 7. The business model for this site, as presented to the Planning Board, is for the retail sale of locally-brewed beer, malt and other products; including tastings. Please also note the following requirements in the Southold Town Code relating to Site Plans: 1. Any new lighting fixtures beyond those approved as part of the Lighting Plan must conform to the Code and may require Planning Board approval depending Eastern Front Retail Page 4 December 5, 2018 on their number, size, intensity and location. Fixtures shall be shielded so the light source is not visible from adjacent properties and roadways and shall focus and direct the light in such a manner as to contain the light and glare within property boundaries and conform to §172 of the Town Code. 2. All storm water run-off from grading, driveways and gravel areasi must be contained on site. 3. Proposed storm water run-off containment systems must be inspected by the Town Engineer at the time of installation. Please call the Southold Town Engineer prior to beginning this work. 4. Approved Site Plans are valid for eighteen months from the date of approval, within which time all proposed work must be completed, unless the Planning Board grants an extension. 5. Any changes from the Approved Site Plan shall require Planning Board approval. 6. Prior to the issuance of a Certificate of Occupancy, the Planning Board must inspect the site to ensure it is in conformity with the Approved Site Plan, and issue a final site inspection approval letter. Should the site be found not in conformance with the Approved Site Plan, no Certificate of Occupancy may be issued unless the Planning Board approves the changes to the plan. A copy of the Approved Site Plan is enclosed for your records. One copy will also be sent to the Building Department and the Town Engineer/Highway Department. If you have any questions regarding the above, please contact this office. Respectfully , Donald J. Wilcenski Chairman Encl. cc: Building Dept. w/map Town Engineer w/map By signing this letter, the applicant acknowledges that there are Town Code requirements and conditions, including those listed above, that must be satisfied prior to!the issuance of a Certificate of Occupancy. Print name: , Applicant/Agent Signature: Date: OFFICE LOCATION: rt >:: '=u ; MAILING ADDRESS: Town Hall Annex `1;' , �� P.O.Box 1179 54375 State Route 25 €Y Southold,NY 11971 (cor.Main Rd. &Youngs Ave.) _. Telephone:631765-1938 Southold'NY www.southoldtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD December 5, 2018 Karen Hoeg, Esq. 33 West Second St. P.O. Box 9398 Riverhead, NY 11901 Re: Extension of Final Approval -Approved Site Plan for 13400 Main Road Corp. 13400 NYS Rt. 25, ±1O' s/w/o Wickham Ave. & NYS Rt. 25, Mattituck SCTM#1000-114-11-9.6 Zoning Districts: Hamlet Business— HB Dear Ms. Hoeg: The following resolution was adopted at a meeting of the Southold Town Planning Board on December 3, 2018: WHEREAS, this proposed Site Plan, in conjunction with a Lot Line Modification, is for the addition of±9,258 sq. ft. of land for 21 parking stalls on 1.05 acres in the Hamlet Business Zoning District, Mattituck; and WHEREAS, on June 5, 2017, the Planning Board granted Approval for a period of eighteen (18) months to the Site Plan entitled 13400 Main Road Corp.", prepared by John C. Ehlers Land Surveyor, dated October 28, 2014 and last revised April 7, 2017; and WHEREAS, on November 26, 2018, Martin Finnegan, agent, submitted a�letter requesting an Extension of Site Plan Approval for six (6) months; and WHEREAS, on December 3, 2018, the Planning Board determined the expired Site Plan was in compliance with current rules and regulations; therefore be it 13400 Main Road Corp. Page 2 December 5. 2018 RESOLVED, that the Southold Town Planning Board grants an Extension of Site Plan Approval for twelve (12) months from December 3, 2018 to December 3, 2019 on the Site Plan entitled 13400 Main Road Corp.", prepared by John C. Ehlers Land Surveyor, dated October 28, 2014 and last revised April 7, 2017. If you have any questions regarding the above, please contact this office. Respectfully, Donald J. Wilcenski Chairman i I I OFFICE LOCATION: r w, MAILING ADDRESS: Town Hall Annex 3 ' - P.U.Box 1179 54375 State Route 25 ` Southold,NY 11971 (cor.Main Rd. &Youngs Ave.) ' ' VZ Southold Youngs Telephone:631765-1938 ' M www.southoldtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD December 5, 2018 Henry Alia Rimor Development LLC P.O. Box 908 Cutchogue, NY 11935 Re: Set Hearing to Amend Conditions and Covenants Approved Residential Site Plan for The Heritage at Cutchogue, aka Harvest Pointe 75 Schoolhouse Road, corner of Schoolhouse Rd. & Griffing St., Cutchogue Zoning District: HD Dear Mr. Alia: The Southold Town Planning Board adopted the'following resolution at a meeting held on Monday, December 3, 2018: WHEREAS, this site plan for 124 residential units was-approved on September 20, 2017 with a number of conditions, many of which were also recorded as covenants and restrictions that run with the land; and WHEREAS, the applicant has requested that the following covenants be amended as follow: Item 3. The Project shall be constructed in four phases, according to the Construction Phasing Plan approved for the Project by the Planning Board, unless otherwise approved by the Planning Board. Prior to commencement of Phases 2, 3 or 4 of the Project, certificates of occupancy shall have been issued for at least 75 % of the units include in the prior phase. Requested amendment: Allow construction to begin for units in Phases 2, 3 and 4 prior to 75% of the certificates of occupancy being received for units in prior phases. Tn e F1 Vr1t« c e 2 [Page December 5 , 20 , >3 Item 15. Prior to issuance of certificates of occupancy for any residential units on the Property: a. the clubhouse, pool and associated site work on the Property shall be completed, and a certificate of occupancy for those amenities shall be issued. Requested amendment: Allow certificates of occupancy for residential units to be issued prior to certificates of occupancy being issued for the clubhouse and the pool; and WHEREAS, the terms of the covenants state that any consideration of an amendment requires a public hearing before the Planning Board, and that any decision to amend the covenants requires a majority plus one vote; therefore be it RESOLVED, that the Southold Town Planning Board sets Monday. January-14, 2019 at 6:03 p.m. for the public hearing regarding an amendment to the conditions and covenants of the site plan approval referenced above. Please refer to the enclosed copy of Chapter 55, Notice of Public Hearing, for the Town's notification procedure. The notification form is enclosed for your use. The sign and the post will need to be picked up at the Planning Board Office, Southold Town Annex. Please return the enclosed Affidavit of Posting along with the certified mailing receipts AND the signed green return receipt cards before 12:00 noon on Friday, January 11th. The sign and the post need to be returned to the Planning Board Office after the public hearing is closed. A draft of the amended sections of the covenants must be included in the public notices and certified letters to adjacent landowners. If you have any questions regarding the information contained in this resolution, please contact the Planning Board Office. Respectfully, c, ) ' � ac Donald J. Wilcenski Chairman RECEIVED Encl. DE ` 7 So hcld ov n CIN