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HomeMy WebLinkAboutPB-03/09/2026 OFFICE LOCATION: rjF S0(/jy MAILING ADDRESS: Town Hall Annex ��� OHO P.O. Box 1179 54375 State Route 25 Southold, NY 11971 (cor.Main Rd. &Youngs Ave.) Southold, NY Telephone: 631 765-1938 G pQ www.southoldtownny.gov UNT`I, PLANNING BOARD OFFICE TOWN OF SOUTHOLD EI PUBLIC MEETING e SOU.thudd Tdwn C.lj?rTk MINUTES March 9, 2026 5:00 P.M. Present were: James H. Rich III, Chairman Amelia Jealous-Dank, Vice-Chairperson Donald Wilcenski, Member Martin Sidor, Member Pierce Rafferty, Member Heather Lanza, Town Planning Director Brian Cummings, Senior Planner Jessica Michaelis, Secretary to the Planning Board Chairman Rich: Good evening and welcome to the Public Meeting for Monday, March 9, 2026 for the Southold Town Planning Board. This meeting is public. The Planning Board may add or remove applications from the agenda upon its discretion, without further notice. Applications may not be heard in the order they appear on this agenda. SETTING OF THE NEXT PLANNING BOARD MEETING Chairman Rich: The first order of business is to Board to set Monday, April 6, 2026 at 5:00 p.m. at the Southold Town Hall, Main Road, Southold, as the time and place for the next regular Planning Board Meeting Amelia Jealous-Dank: So, moved. Martin Sidor: Second. Southold Town Planning Board Public Meeting — March 9, 2026 — Page 2 Chairman Rich: Motion made by Mia, seconded by Martin. Any discussion?All in favor? Ayes. Opposed? None. Motion carries. SUBDIVISION APPLICATIONS CONDITIONAL FINAL PLAT DETERMINATION Chairman Rich: Sidor Family Open Development Area - Lot Creation —This proposal is for the creation of three lots from a 61-acre open development area that was approved by the Planning Board and Town Board in 2014. Proposed Lot 1 equals 2.6 acres, Lot 2 equals 2.7 acres, and Lot 3 equals 1.8 acres. This property includes 53.9 acres of preserved agricultural land all in the AC Zoning District. The property is located at 2010 Oregon Road, Mattituck. SCTM#1000-108-1-4, 1000-100-4-4.1 & 4.2 Amelia Jealous-Dank: WHEREAS, this proposal is to create the lots in an approved Open Development Area on a 61-acre parcel where Lot 1 equals 2.6 acres, Lot 2 equals 2.7 acres, Lot 3 equals 1.8 acres, and 53.9 acres of farmland where development rights have been sold to Southold Town, and proposed to be split into three farms labeled A (18.7 acres), B (18.7 acres) and C (16.5 acres) in the AC zoning district WHEREAS, on July 28, 2014, the agent submitted the Sketch Plat Application for an Open Development Area; and WHEREAS, on August 27, 2014, referrals were sent to the following agencies: 1. Local Waterfront Revitalization Program Coordinator; 2. Office of the Town Engineer; 3. Mattituck Fire Department; 4. Suffolk County Department of Health Services; 5. Suffolk County Planning Commission; and WHEREAS, on September 19, 2014, the Suffolk County Planning Commission responded that it was a matter for local determination; and Southold Town Planning Board Public Meeting — March 9, 2026 — Page 3 WHEREAS, on October 6, 2014, the Public Hearing on the Sketch Plat/ODA was held and closed; and WHEREAS, on October 6, 2014 the Southold Town Planning Board determined that this proposed action is consistent with the policies of the Town of Southold Local Waterfront Revitalization Program; and WHEREAS, on October 6, 2014, the Planning Board granted Sketch Plat Approval on the map prepared by David H. Fox, Land Surveyor, entitled "Sketch Plan for Open Development Area Martin Sidor", dated February 19, 2014, for a conservation subdivision/Open Development Area; and WHEREAS, on October 21, 2014, the Southold Town Board, as Lead Agency, granted a Negative Declaration under SEQRA for an Open Development Area; and WHEREAS, on October 21, 2014, the Southold Town Board granted approval of the Open Development Area in their resolution 2014-847; and WHEREAS, on December 18, 2014, a Covenant and Restrictions were filed with the office of the Suffolk County Clerk in Liber D000012800 Page 785; and WHEREAS, on May 23, 2023, the applicant submitted a Final Plat application to the Planning Board to create the lots pursuant to §240-30 Creation of lots; and WHEREAS, on June 26, 2023, the Planning Board found the Final Plat application complete; and WHEREAS, on June 17, 2024, the Planning Board accepted the comments from the outside agencies to which the application was referred; and WHEREAS, pursuant to §240-56 Waivers of certain provisions, the Southold Town Planning Board shall have the authority to modify or waive, subject to appropriate conditions, any provision of these subdivision regulations if in its judgment, they are not requisite in the interest of the public health, safety and general welfare, except where such authority would be contrary to other ordinances or state law; and WHEREAS, the Planning Board found that the Final Plat public hearing was not requisite in the interest of public health, safety and general welfare because this application had already been the subject of two public hearings during the Open Development Area and Sketch Plat application reviews, and WHEREAS, pursuant to 240-53 G. Park and recreation fee, the Planning Board found that the proposed subdivision plat presents a proper case for requiring a park or parks suitably located for playgrounds or other recreational purposes; and that a fee will be required-in lieu of providing that park on site due to the property not being a suitable location for a park or playground as it is in active agriculture; and Southold Town Planning Board Public Meeting — March 9, 2026 — Page 4 WHEREAS, Southold Town purchased the development rights on a portion of the subject property (53.9 acres), as shown in the areas labeled "Agg Reserve A", "B" and "C", and as such are subject to a Town of Southold Development Rights Easement recorded in Liber D00012800 Page 786 with the Office of the Suffolk County Clerk with the following requirements: 1. Easement area is subject to an 8% "impervious surfaces" limitation. This must be allocated between each subdivided Easement Area such that the cumulative total for the subdivided Easement Areas does not exceed 8%, subject to approval from the Land Preservation Committee; and 2. Easement area is subject to a total 1% lot coverage for farm labor housing. This must be allocated to one or more subdivided Easement Area such that the cumulative total for the subdivided Easement areas does not exceed 1%, subject to approval from the Land Preservation Committee; and 3. At least one of the three lots with development rights intact must remain attached to at least one of the subdivided Easement Areas; and 4. Subdivision of the Easement Area must conform to Schedule B of the Development Rights Easement, with sufficient access provided for each subdivided Easement Area; and WHEREAS, on June 17, 2024, the Planning Board determined that this application met the requirements of the Town Code for a Final Plat application; be it therefore RESOLVED, that the Southold Town Planning Board waives the Final Plat public hearing for the reasons outline above; Donald Wilcenski: Second. Chairman Rich: Motion made by Mia, seconded by Don. Any discussion? All in favor? Ayes. Opposed? None. Motion carries. Amelia Jealous-Dank: And be it further RESOLVED, that the Southold Town Planning Board, as outlined above, hereby finds that the proposed subdivision plat presents a proper case for requiring a park for Southold Town Planning Board Public Meeting — March 9, 2026 — Page 5 recreation, but that a park cannot be properly located on the subject parcel, and requires $7,000.00 in lieu thereof; Donald Wilcenski: Second. Chairman Rich: Motion made by Mia, seconded by Don. Any discussion? All in favor? Ayes. Opposed? None. Motion carries. Amelia Jealous-Dank: And be it further RESOLVED, that the Southold Town Planning Board grants Conditional Final Plat Approval upon the map entitled, "80/60 Clustered Conservation Subdivision for Martin Sidor", prepared by Fox Land Surveyor, dated April 18, 2023, with the following conditions: 1. Amend the final plat as follows: a. Change the Title Block to read as follows "Final Plat Martin Sidor Conservation Subdivision" b. Change the label on Lot 2 to "Lot 2, Development rights-intact area, 2.7178 ac". c. Lot 2 and the area labeled `Agg. Reserve C' are required to be a single parcel. Change the solid line between them to a dashed line to identify the boundary of the development rights sold land. d. Change the label for Agg. Reserve C to "Lot 2, Area of Development Rights Held by Southold Town, 16.5124 ac". . e. Change the label for "Agg. Reserve A" to "Lot 4, Area of Development Rights Held by Southold Town, 18.7 ac". f. Change the label for "Agg. Reserve B" to "Lot 5, Area of Development Rights Held by Southold Town, 18.6873 ac". g. Consult with the Town Fire Marshal on the width of the flag to "Agg. Reserve B" to ensure it meets the width requirements of the Fire Code for any planned future agricultural development. 2. As required in the Grant of Development Rights Easement, the applicant must consult with the Natural Resources Conservation Service (NRCS) to ensure that any subdivided parcels meet all NRCS eligibility requirements. Provide the results of this consultation to the Planning Board to demonstrate this has occurred. a, Southold Town Planning Board Public Meeting — March 9, 2026 — Page 6 3. Obtain approval from the Suffolk County Department of Health Services; 4. File the covenants and restrictions as drafted by Planning Board staff and approved by the Planning Board with the Suffolk County Clerk's Office; a. Include that Lot 2 is comprised of a development rights-intact area and an area where the Town has purchased development rights with acreages and that they cannot be separated or subdivided (include a reference to the Grant of Development Rights Easement in Liber D00012800 Page 786 in the covenants for all of the lots except Lots 1 and 3. b. Include the requirement that each of the three areas development rights are held by Southold Town have a limitation on impervious surface equal to 8% of the area of development rights held by Southold Town. c. Each of the three areas where development rights are held by Southold Town are permitted to have Farm Labor Housing, with building coverage of no more than one percent of the protected property. d. No further subdivision into smaller lots. Adjusting lot lines to create a larger farm is permitted. e. Lots 1 and 3, if ever developed with a residence, will need to plant and maintain a double row of evergreen trees where the property line abuts the agricultural areas. f. Right to Farm clause (see June 17th, 2024 staff report) 5. Submit an Administration Fee in the amount of$6,000 pursuant to §240-37; 6. Submit a Park and Playground fee in the amount of$7,000 pursuant to §240-53 G. 7. Submit 12 paper copies and 4 Mylars of the Final Plat with the approval stamp from the Suffolk County Department of Health Services; Donald Wilcenski: Second. Chairman Rich: Motion made by Mia, seconded by Don. Any discussion? All in favor? Ayes. Opposed? None. Motion carries. Southold Town Planning Board Public Meeting — March 9, 2026 — Page 7 RE-ISSUE FINAL PLAT APPROVAL Chairman Rich: Vansant Resubdivision —This Resubdivision proposes to merge each half of SCTM#1000-98-4-13 with the adjacent parcels so that three parcels become two. SCTM#1000-98-4-12 will increase in size from 15,044 sq. ft. to 22,735 sq. ft., and SCTM#1000-98-4-14 will increase in size from 15,946 sq. ft. to 23,750 sq. ft. SCTM#1000-98-4-13 will be eliminated. Both resulting lots remain non-conforming and have received area variances from the Zoning Board of Appeals (File#7751). The property is located at 1135, 1265 & 1355 Smith Road, Peconic. SCTM#1000-98-4-12, 13 & 14 Martin Sidor: WHEREAS, this Resubdivision proposes to merge each half of SCTM#1000-98-4-13 with the adjacent parcels so that three parcels become two. SCTM#1000-98-4-12 will increase in size from 15,044 sq. ft. to 22,735 sq. ft., and SCTM#1000-98-4-14 will increase in size from 15,946 sq. ft. to 23,750 sq. ft. SCTM#1000-98-4-13 will be eliminated. Both resulting lots remain non-conforming and have received area variances from the Zoning Board of Appeals (File#7751); and WHEREAS, on January 13, 2025, the Southold Town Planning Board granted Final Plat Approval upon the map entitled 1135 Smith Road Land Division" prepared by Seccafico Land Surveying PC, dated July 12, 2024, and last revised October 30, 2024, and this approval was reissued on June 2, 2025 and re-issued again on September 8, 2025; and WHEREAS, on February 27, 2026 the agent for the applicant requested the Final Plat Approval be re-issued to provide more time to complete the work necessary to complete the process; therefore be it RESOLVED, the Southold Town Planning Board re-issues Final Plat Approval upon the map entitled 1135 Smith Road Land Division" prepared by North Star Engineering, dated July 12, 2024, and last revised March 25, 2025. Donald Wilcenski: Second. Chairman Rich: Motion made by Martin, seconded by Don. Any discussion? All in favor? Ayes. Opposed? None. Motion carries. Southold Town Planning Board Public Meeting — March 9, 2026 — Page 8 Chairman Rich: The Orchards Standard Subdivision — This proposal is for a Clustered Standard Subdivision to subdivide a 13.3-acre parcel into five lots where Lot 1 = 9.33 acres including a 1.35 acre building envelope and 7.98 acres of preserved Open Space, and Lots 2 through 5 are each +/- 1 acre. The property is located at 2595 Orchard Street, on the northeast side of Orchard Street, approximately 17' northwest of Platt Road, in Orient. SCTM#1000-27-1-3 Donald Wilcenski: WHEREAS, this proposal is for a Clustered Standard Subdivision to subdivide a 13.3- acre parcel into five lots where Lot 1 = 9.33 acres including a 1:35 acre building envelope and 7.98 acres of preserved Open Space, and Lots 2 through 5 are each +/- 1 acre; and WHEREAS, on October 6, 2025, the Southold Town Planning Board granted Final Plat Approval upon the map entitled "Subdivision of Property The Orchards, Clustered Final Plat Standard Subdivision" prepared by Lahti Engineering and Environmental Consulting P. C., dated June 15, 2013 and last revised September 30, 2025, and including the two-page Final Road & Drainage Plan entitled "Road and Drainage Plan for Clustered Final Plat Standard Subdivision of The Orchards", dated June 15, 2013, and last revised January 23, 2025; and WHEREAS, the Final Plat Approval expired on December 8, 2025; and WHEREAS, on February 9, 2026 the applicant's agent requested a re-issue of Final Plat Approval to provide more time to file the subdivision map; therefore be it RESOLVED, the Southold Town Planning Board re-issues Final Plat Approval upon the map entitled "Subdivision of Property The Orchards, Clustered Final Plat Standard Subdivision" prepared by Lahti Engineering and Environmental Consulting P. C., dated June 15, 2013 and last revised January 29, 2026; Amelia Jealous-Dank: Second. Chairman Rich: Motion made by Don, seconded by Mia. Any discussion? All in favor? Ayes. Opposed? None. Motion carries. Southold Town Planning Board Public Meetinq — March 9, 2026 — Page 9 SITE PLAN APPLICATIONS SEQRA DETERMINATION Chairman Rich: Rich's Quality Autobody Amended Site Plan —This site plan is to amend the previously approved plan'to include several as-built structures, including a 972 sq. ft. portable building on a concrete slab, an extension of auto repair building #2 from 1,759 sq. ft. to 2,916 sq. ft., along with the previously approved existing office building of 576 sq. ft. and existing auto repair building #1 at 1,628 sq. ft.; all on a 37,428 sq. ft. parcel in the R-40 Zoning District located on the s/s/o NYS Route 25 at the s/w intersection of NYS Route 25 and Pequash Avenue. The property is located at 29950 NYS Route 25, Cutchogue. SCTM#1000-102-3-1 Amelia Jealous-Dank: WHEREAS, this site plan is to amend the previously approved plan to include several as-built structures, including a 972 sq. ft. portable building on a concrete slab, an extension of auto repair building #2 from 1,759 sq. ft. to 2,916 sq. ft., along with the previously approved existing office building of 576 sq. ft and existing auto repair building #1 at 1,628 sq. ft.; all on a 37,428 sq. ft. parcel in the R-40 zone located on the s/s/o NYS 25 at the s/w intersection of NYS 25 and Pequash Avenue in Cutchogue; and WHEREAS, on February 9, 2026, the Southold Town Planning Board, pursuant to §617.6 of the Environmental Conservation Law acting under SEQRA, initiated the SEQR lead agency coordination process with all involved and interested agencies for this Unlisted Action; and WHEREAS, on February 9, 2026, the Southold Town Planning Board, pursuant to State Environmental Quality Review Act (SEQRA) 6 NYCRR, Part 617, determined that the proposed action is an Unlisted Action as it does not meet any of the thresholds of a Type I Action, nor does it meet any of the criteria on the Type II list of actions; and WHEREAS, the Southold Town Planning Board, pursuant to SEQRA, conducted the required review of potential environmental impacts that might result from this application, documented in the completion of the Short Environmental Assessment Form, and found that there would be no expected moderate to large adverse impacts; be it therefore RESOLVED, that the Southold Town Planning Board, pursuant to the State Environmental Quality Review Act §617.6, establishes itself as Lead Agency for this Unlisted Action; Martin Sidor: Second. Southold Town Planning Board Public Meetinq — March 9, 2026 — Page 10 Chairman Rich: Motion made by Mia, seconded by Martin. Any discussion?All in favor? Ayes. Opposed? None. Motion carries. Amelia Jealous-Dank: And be it further RESOLVED, that the Southold Town Planning Board, as Lead Agency pursuant to SEQRA, hereby makes a determination of non-significance for the proposed action and grants a Negative Declaration. Martin Sidor: Second. Chairman Rich: Motion made by Mia, seconded by Martin. Any discussion? All in favor? Ayes. Opposed? None. Motion carries. PUBLIC HEARING Chairman Rich: 5:01 p.m. - Rich's Quality Autobody Amended Site Plan —This site plan is to amend the previously approved plan to include several as-built structures, including a 972 sq. ft. portable building on a concrete slab, an extension of auto repair building #2 from 1,759 sq. ft. to 2,916 sq. ft., along with the previously approved existing office building of 576 sq. ft. and existing auto repair building #1 at 1,628 sq. ft.; all on a 37,428 sq. ft. parcel in the R-40 Zoning District located on the s/s/o NYS Route 25 at the s/w intersection of NYS Route 25 and Pequash Avenue. The property is located at 29950 NYS Route 25, Cutchogue. SCTM#1000-102-3-1 Martin Finnegan: Good evening, everyone, I'm Martin Finnegan, 1325 Main Road, Mattituck—for the applicant. I represent RQA Properties, LLC and Board Member, Rich Boznyak who joins me here this evening. Many of you may know, Rich has.operated his business which is Rich's Quality Autobody shop in Cutchogue, right on the corner of Southold Town Planninq Board Public Meetinq — March 9. 2026 — Page 11 Main Road and Pequash Avenue since 1988. At that time the parcel was in the Z zoning district and about a year or so after he stared his business, the Town Board changes the zoning district to R-40, but the Autobody shop has continued in uninterrupted use to this day. So, Rich purchased the property—for a little background — in 2004, and in order to get insurance, he had to make clear improvements to the property, which triggers Site Plan approval, including the construction of a new building. (inaudible) was approved and that building is on the Site Plan as "existing building #2." In 2005, the Zoning Board ran granted relief for the expansion of the pre-existing, non-conforming Autobody shop use, which was conditioned upon the removal of a temporary tent- structure on the site and that is really what we're here about. We're here to see if an Amended Site Plan approval for two things: 1 —to permit the tent structure to remain and also to add those expansions above the existing building #2, which was not part of the original Site Plan. So when the Zoning Board granted relief in 2005, it was based on a Site Plan that had slated the structure to be removed, even though it was actively used, which is why they considered it— it was really no other discussion or reason why, at least articulated in that original ZBA decision as to why it had to be removed other than "Okay we're, going to give you this, then maybe remove that" and so that was a condition of that approval. Site Plan approval was actually granted in 2006 by the Planning Board and then ZBA granted further relief in 2023 for an 1159 square-foot expansion of the existing building number 2, you could see it on the Site Plan and again, it would have picked up that same condition of removing the tent structure, which remained and was actively used. But again, the only bait for that was that it wasn't part of the site plan approval. Which, again, describes why we're here today —to amend the site plan to get that to be a part of the site plan approval. In granting him the relief that the Zoning Board granted in 2023, they noted that there had been "no known complaints or adverse effects to the neighborhood or the community in general from Rich's Quality Autobody's operation." The Board also acknowledged that the applicant's property is well screened, and maintained with low site traffic, no noxious odors and little impact on the neighborhood. Rich has consistently maintained that the tent structure is vital to his business operation. After body work is completed on each vehicle, it must be washed, waxed, vacuumed and fully detailed = these are normal activities. These activities could be conducted in open air, but Rich has the structure to contain them. We wouldn't need any relief to do this in the parking lot, but he is trying to contain them to mitigate noise and odor impacts to the surrounding neighbors and this is something that was noted in the ZBA's determination — as I mentioned —we do have a letter of support from the neighbor directly across the street, (inaudible) sent me an email and said "Hey, Rich is a great neighbor, we're all for whatever he needs —we're in support of." The Planning Board gave comments to the ZBA back in 2023 on that (inaudible) the application and noted further that "absent any nuisance noise, odor or traffic complaints from the neighborhood, the business appears to be consistent with the Comprehensive Plan..." rule number 7 thereof, which encourages the growth of existing businesses while balancing economic prosperity with maintaining a high-quality of life, the environment and then the unique character of the community. Though as I said, Rich's seeking amendments to the 2006 site plan approval to allow the tent structure —that you see on the site plan up here - to remain and to include the ZBA approved expansion of this structure as well and their parking has been modified Southold Town Planninq Board Public Meetinq — March 9, 2026 — Page 12 because when the structure was been expanded, it impacts some parts over here in terms of setbacks in the code so all of that has been addressed, so it's kind of cleaning that up in the amended site plan. I would note that the tent structure is conforming, it's a conforming permitted accessory structure, it does not require any dimensional relief from the Zoning Board. The structure is substantially screened from view and lot coverage on the site is well under 20%. We did ask the Zoning Board to amend —we went there first and said "Could you amend your determination to remove this condition that would require the removal of the tent?" but they felt they could not consider that until the Site Plan was amended to allow, so we're kind of back between both Boards where here it seems like they did something because of the site plan approval and now they won't undo it because we need to do the site plan approval. Sow we're here to ask this Board for an approval of an amended site plan that will let Rich continue to operate his business has he's done, he said for 40 years, but now it's back to his neighbors. I mean all this structure is about containing noise and impact, you've probably all drove by it, you can barely see the thing, it's in the back and so I'm happy to address any comments or questions that the Board may have. Chairman Rich: Thank you. Anyone on Zoom? Jessica Michaelis: If there is anyone on Zoom that would like to speak, please 'raise your hand'. Donald Wilcenski: Okay, motion made to close the hearing. Amelia Jealous-Dank: Second. Chairman Rich: Motion made by Don, seconded by Mia. Any discussion? All in favor? Ayes. Opposed? None. Motion carries. Chairman Rich: This concludes the business of our meeting tonight-Can I get a motion for adjournment? Amelia Jealous-Dank: So, moved. Donald Wilcenski: Second. Chairman Rich: Motion made by Mia, seconded by Don. Any discussion? All in favor? Ayes. Southold Town Planninq Board Public Meetinq — March 9, 2026 -_Page 13 Opposed? None. Motion carries. There being no further business to come before the Board, the meeting was adjourned. Respectfully submitted, 0 1� Allison Palmeri H. Transcribing Secretary James H. Rich III, Chairman