March 7, 2024 — Planning Board

Planning Board Meeting

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0:00Thank you.
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5:00Thank you.
5:30Thank you.
5:59the water hearing was last Tuesday and is open for to the end of next week. We expect
6:08the water to be approved. It's a very expensive addition. It's going to be over $300,000 to
6:14bring the water from Linda Lane West down to the site. The applicant, though, I think
6:21is willing to do one thing that Craig hadn't talked about along the lot number four, which
6:27borders Linda Lane West properties. The applicants are willing to have the 20-foot buffer so that
6:33they'll keep a distance from the neighbors at that site. I think he's said just about
6:40all that can be said, and we're here to answer any questions. Thank you.
6:44Thank you.
6:45Mr. Cuddy, can we do a buffer around all of the lots, a 20-foot buffer around all the
6:51lots, just on the exterior of the lots?
6:56We probably could.
6:57We hadn't looked at it, but certainly the one that borders the other properties would be
7:03significant. I don't know if it would make a difference to do that, but the other lots
7:10are a bit smaller, and I just...
7:13They are a bit small, but there are trees there, and save as many as you can.
7:19Well, I think as far as buffering goes is one thing. As far as saving the trees is another
7:24thing. I don't anticipate that the trees are going to be as big as the other ones.
7:27I think they'll be taken...a lot of them are going to be taken there. I think they'll
7:30remain, but I've just told the reserves doing that buffer because all those lots actually
7:36go to the farm area, so there isn't anything that they come up against.
7:41Well, I don't know if it goes all the way to the farm area. I think it's still some
7:46wooded area.
7:47Well, you're concerned about keeping wooded area? Yes, that's not a problem. I understand
7:52that. That's fine.
7:57Okay, thank you.
7:59Anybody from the public like to speak? Sir? I just want to remind everybody this is a
8:04public hearing, so you have to give your name and address for the record, please.
8:10John McAuliffe, 64 Jean Court in Rolling Woods. While I often speak, I have a very
8:19direct personal interest in this one, as I'm sure Mr. Doneski has too. This is our neighborhood.
8:27I think in the best of all possible worlds, we would love to keep the wooded area there.
8:34It's a loss of a nice buffer that protects the Rolling Wood area from Sound Avenue, from
8:46noise and from the atmosphere that can come from Sound Avenue. But, you know, you could
8:52have said the same thing about the properties where our houses are now, too.
8:57And I don't know what the balancing line is. I'm more concerned about the consequences
9:06of other projects in the future, like the resort area. But in this particular case,
9:13I think that as much – it's not just, of course, the human beings, but the wildlife
9:19that inhabit that area that will be disrupted by this construction. It isn't entirely clear
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9:55something of a buffer and something of a wooded area it's too hilly to be used
10:01for many at much agricultural purpose so I just wanted to ask that you ascertain
10:08exactly what's happening on on lot five and otherwise I don't think you know
10:14it's as I say in the best of all possible worlds we would maintain a lot
10:19of woodland that gets lost so thank you great you want to answer that Justin if
10:27you can zoom in a little bit on this map on the table here
10:37so there we go all right so this one right here that I've highlighted in
10:44green this is the boundary of the area that's being subdivided for
10:49residential purposes there is a line here which you can sort of make out
10:54which that's the extent of the existing limit of woods there is no proposed
10:59development right now on that this area is the area that's subject to the deed of
11:04development rights in the future if they wanted to farm it I don't know if
11:09there's anything in the deed off the top of my head I can research that for the
11:12board's knowledge but there is no proposed development outside to the south
11:17or west of this green line
11:19so this would be the limits of the residential subdivision no development
11:23in this area John you have to speak from the microphone because it's a public
11:31hearing and Greg lot five is the entire 22 acres correct so yes there is no
11:40there is no residential development on lot number five that is subject to the
11:44Suffolk County deed of development rights there is no residential
11:47development the only thing they could do is to make sure that the residential
11:48development is in line with the deed of development rights and the only thing
11:49they could do is to make sure that the residential development is in line with
11:49the deed of development rights and the only thing they could do there is
11:49there is agriculture to the extent even if they wanted to put up farm structures
11:54they would need to go to the Suffolk County farmland preservation I believe
11:59is the farmland preservation board they would need to get approval from Suffolk
12:02County just as they did for when they went for the farm stand-up on sound
12:06there's no residential development on the agricultural lot they do have
12:12another farm building in already on the far west side of the property so
12:17greenhouse and
12:19So, there are the .
12:20Yeah, it's totally connected to the land, so that's not an issue.
12:23So, no, you've resolved – you've just said what my question was.
12:26So, that land is – the only thing that can go in is farmland, as I said.
12:31That is correct.
12:32Lot 5 in its entirety is a .
12:35All right.
12:36Well, we appreciate the fact that we will still have something of a barrier, and the
12:40deer will be very happy.
12:43Good evening, gentlemen.
12:52My name is Connie Stelzer, and I am a resident at 48 Linda Lane West.
12:58It is my neighbor.
13:01I have been there for 50 years.
13:04I am one of the longest residing residents there, because the people who originally came
13:10have now passed.
13:12This is the first I see.
13:13I'm going to go through the locality of where the driveway is going to come in.
13:18Of course, it's going to be right behind this stump, which is right next to me.
13:23I am on a hill, and it goes up higher.
13:27So, I do not think – and the gentleman who owns this property has the right to sell whatever
13:35he feels.
13:36Long as we are going to still keep our natural animals – the deer, the locality, the locality
13:43those goats, the geese, and all of that that we are so familiar with.
13:50There's nothing like Riverhead.
13:53I was born and raised here.
13:56My father was a farmer, and now my great-grand-nephew runs that same piece of property.
14:04So my interest in Riverhead is very dear.
14:08When I come out of Rolling Woods, and that's another thing, the Rolling Woods,
14:14when we talked about the buffer, please, could we have some kind of distance
14:20so that we still have our beautiful oak trees and different things back there?
14:26We need our natural.
14:30We need all of our animals that we have and the birds and everything.
14:35Please, dear God, don't take down all those trees.
14:39So I am requesting and asking, you're the owner, aren't you, sir?
14:46Yes, I've met you many, many years ago.
14:49I just request that perhaps you leave us with a nice buffer,
14:53be time to some up behind my property, next to Phil and everything,
14:58and I don't know how Eddie's property goes back there,
15:01but to have something so we're not looking like a real,
15:08community of houses.
15:11And I see these lots are very large,
15:13so I don't think we're going to find buyers who are going to be buying cheap property.
15:20I don't think that they will be affording a cheap house.
15:24So I think who we are going to be bringing into the neighborhood,
15:28we will welcome with open arms.
15:32But my only request is, please do not take down all the trees.
15:37Thank you.
15:38Thank you very much.
15:39Thank you, Connie.
15:40Well said.
15:42Next speaker.
15:49We've got enough neighbors to have a block party here.
15:50Nobody wants to speak.
15:52Yeah, hello.
15:54Hello.
15:56We have somebody on Zoom.
15:56Can you hear us?
15:58Can you hear us?
15:59I'm glad you're coming on Zoom.
16:01Yep.
16:08Is anyone there?
16:12Hello.
16:12Yo, hi, Phil.
16:13We can hear you.
16:15Hi, fellas.
16:15Okay.
16:16More neighbors.
16:18Good neighbors.
16:20Hey, this is Phil.
16:21I'm a lawyer.
16:22I live in 40 East Lindo Lane West.
16:25I'm Tony's neighbor.
16:27Phil, if you could speak a little closer to the microphone, please.
16:31I'm a neighbor.
16:32I'm a lawyer.
16:34I live in 40 East Lindo Lane West.
16:36I live in this area with block number four.
16:42This is pretty close to my property.
16:46And I'm okay with that.
16:49But I would request that we preserve the trees and have more of a buffer zone.
16:57We like to have...
16:59We're worried about the trees that I get right now.
17:02The trees...
17:02The beach trees are suffering from a disease.
17:04And we may be losing quite a few of them.
17:06Those trees.
17:07Someone filled out a buffer and it would be beneficial for us.
17:15And we can't...
17:17All of them, they've been a concern.
17:23We're looking for a healthy, well-worn buffer.
17:29And we would like to save as many trees as possible.
17:33If we can...
17:34Yeah, I know you have the power to do that.
17:36If you can do that for us, we appreciate it.
17:40We'd love to preserve the environment, the trees, the animals.
17:46Roaming woods is...
17:48That's the name, roaming woods.
17:49We'd like to keep as many woods as possible.
17:55My wife is here.
17:56She has something else to say.
17:57I'm going to put her off for a second.
17:59I think you said it beautifully.
18:02We know that you have the power to require buffers.
18:05And we would ask...
18:06We would ask you to use that power to protect the area to the greatest extent possible
18:13while this development is permitted and inevitable.
18:18It is roaming woods.
18:20As Connie said, we're now living in the house that she built 50 years ago.
18:26It's a neighborhood where people grow up and then return to live.
18:31And they live there because it's roaming woods.
18:34Because of its beauty.
18:35Because of its sense.
18:36Because of its community.
18:37Its history.
18:39It's an important part of the character of the neighborhood.
18:42And the trees are a part of that.
18:43And so we're asking you to use your authority and use it wisely.
18:50And preserve as much of the woods as buffer.
18:53To have a healthy and a well-reliated buffer between our lots.
18:58Which about this particular lot, number four.
19:02But also between those lots.
19:06Irvin mentioned that vegetation was going to be required.
19:11Which we're happy to hear.
19:12I know between the lots and rural roads.
19:17And between the lots and the agricultural area.
19:20So we're asking for similar consideration with our properties.
19:23And between those properties.
19:25So that the character of the neighborhood which is priceless will be preserved.
19:31Thank you very much for giving us the opportunity to share our concerns with you.
19:35We have consequences.
19:36So thank you.
19:38Thank you very much for your comments.
19:42Any other speakers?
19:45Yes.
20:00My name is Brenda Kowalski.
20:01My husband and I.
20:02My husband Chet and I live on 60 South Drive.
20:04We are adjacent.
20:06We're at a dead end on South Drive in Reeves Park.
20:09And we are budding right up to lot number five.
20:12I just want to say we agree with the previous people that spoke wholeheartedly.
20:18And we would like that buffer as well.
20:22What we wanted to know.
20:23There is one question I had.
20:25What's the distance from the end of South Drive to that first lot number four?
20:30The distance heading east to west.
20:34Or west to east rather.
20:35If anyone.
20:36Knows the distance.
20:37Justin if we can get the eye in the sky over here on the map.
20:44So from South Drive to the western end of lot number four.
20:50It's approximately two hundred and ninety feet.
20:53Give or take.
20:54Okay.
20:56And again.
20:56So this this line right here is the required setback.
21:01So you have two hundred and ninety feet and then another sixty feet before any structure would be constructed.
21:05Okay.
21:06I say okay.
21:07I thank you for that and as I said we would.
21:11Prefer to keep the trees we don't own the property but we would prefer the natural environment and the animals as previous speakers have said.
21:20The other question is there is a gate at the end of our road that goes into his property and we just wondered you know would there be anything in the future that's going to elongate South Drive and not make it a dead end.
21:33Is that going to be something in the future.
21:36that we don't know what the gates certainly don't think there's going to be a road or a house on
21:41that property there would be no reason to have a road it's going to be farm either cleared for
21:47farming or just left wooded whatever the the owner wants but i don't think you'll ever see a road
21:51there okay that's good news but brenda he the people who own the property do have the right
21:59to take maybe a tractor or something and to use that as a public okay i understand there will
22:05never be any homes on that house okay maybe a farm building in the future if he decides to do that
22:10okay but he's already farming down you know further south
22:15and one more question initially on the letter that we received it said that um it was to subdivide
22:25two existing parcels to create four so i just want to know what the two existing were unless
22:31you covered that already that wasn't clear to me so um
22:35this is something that typically happens and it's sort of a byproduct of the sale of development
22:40rights to a property when the deeds for the sale of development rights are recorded and they go to
22:45the county clerk and real property they essentially it essentially creates an illegal subdivision so
22:51these lots a lot number five right now the proposed subdivision i believe is lot number
22:566.1 this subdivision area right now exists is 6.2 so they are right now they're two separate
23:05parcels but they were never legally created it sort of happens when the deeds are recorded
23:10this has happened many times the planning board has kind of had to approve subdivisions after the
23:15fact where a farmer sells his development rights he'll retain a lot for a residential home
23:21an applicant will go to the health department to try to erect a house on that property and the
23:25health department doesn't recognize it so the two lots that exist right now is that are 6.1 6.2
23:35will be lot number five of the subdivision where the development rights are sold
23:38so they're creating really four new residential lots i do i do get it's a little a little confusing
23:45the way it's worded could you currently show me that again what were the original two
23:49and what's the four now justin can we zoom out a little bit so i can see the whole map on the
23:53all right a little more keep going keep going there we go all right so
24:04lot number six
24:056.1 is the land where the development rights are sold lot number 6.2 is the tract where they're
24:16going to create the residential lots okay and that as i said that sort of happens when they
24:21go to record the deeds with the county clerk it essentially parcelizes the land they get they're
24:26assigned new tax map numbers even though it's not a legal subdivision at that point okay so the four
24:32now are in 6.2
24:35four an hour in six point okay
24:39okay i think that's it thank you very much for letting me speak i appreciate it thank you
24:49any other speakers chairman i just have one question mr cuddy would your client consider
24:57like you said there's probably no need to have a buffer around all four locs but would they consider
25:04a 30
25:04foot buffer instead of 20 to make the residents and back happier
25:16yeah please
25:22and I understand that the 30 foot from West going east would run into the
25:27driveway but then it would just that's that's what I'm there's a sump in that
25:30area I don't think that's as big but I don't think that's a problem I do think
25:37that she just said it's a 15 foot area as you come in initially where the sump
25:42is but otherwise I don't think that is a problem I just wanted to had something
25:48that the woman was concerned about what Craig was explaining I think was done
25:52quite well but just to add to it every time you have a development rights sale
25:58the county tax people
26:00since that there are two lots and you have the lot that's developed and the
26:06lot that is development rights sold and that's all that's happened here and so
26:10that's why we wrote it the way we did thank you any other speakers
26:17move we close it here one second gentlemen a quick comment thank you when
26:25you sit on a planning board you get to decide things that are in people's
26:28backyards not easy a lot of times
26:30this one's in my backyard my wife and I have enjoyed that view for 25 years
26:37Connie 50 years but we took advantage of our neighbors view we we looked at it we
26:44didn't give any compensation we just enjoyed it I do support his property
26:48rights he pays taxes he has the right to do for lots there and I support it I
26:55don't think any of the neighbors or myself would mind a buffer there but I
26:59think it's going to be a nice project
27:00and I thank you for the view for all the years I had it Joe now you can go
27:07movie closed Marist farm hearing moved in second may we have a vote please
27:13mr. Zernicki yes mr. Manero mr. bear yes and I vote aye the motion passes
27:24okay moving along to discussion items Greg Berman Northville acres minus
27:29subdivision tell us what you got to say about that
27:30quick
27:46all right so for this application I will have asked Mike Kim act to come up to
27:51the table
27:54applicants representative
28:00thank you
28:02thank you
28:18application that the planning board first reviewed back in late 2022. It's the minor subdivision of Northville Acres. The subject property is located at 821 Northville Turnpike. When this application was initially submitted to the planning board, it was a three lot minor subdivision. The map is a little busy, so I will just sort of point out the areas on the map. This area so that the board can easily identify it and I showed it on your maps as well.
28:48That's a wetland that runs through the center of the property. It's a part of Sawmill Creek just for easily identification. When the application was first submitted and reviewed, the applicant proposed a three lot minor subdivision.
29:01So this would have been lot number one, which has an existing single family residence and a detached garage on the property. And they were seeking approval to subdivide it and create two residential lots up here on the northern end of the property.
29:16When we coordinated Seagate, we considered it an unlinked.
29:18Listed action. We did initiate secret coordination back in late 2022.
29:23Uh, 1 of the agencies involved in the review and approval was the town of riverhead conservation advisory council.
29:29When this application came to the red conservation advisory council.
29:34The essentially said that they wouldn't approve the intensity of development on the northern lot.
29:40Because of the proximity, both to the wetlands here, and there is also a wetland to the north of the property. So they're essentially.
29:47A little.
29:48Section of dry land between 2 wetlands. So.
29:51After a couple of meetings with the and some discussion, uh, said they would approve a 2 lot subdivision. So the applicant has revised the map. So it is a 2 lot subdivision. Now.
30:02The dividing line would be right down the center of the wetlands.
30:07Um, the setbacks, you know, the development would take.
30:11Place 100 feet minimum from the wetland areas.
30:15Um, the developments, anyone, they make an application to.
30:16The development.
30:16The development.
30:17The development.
30:17The development.
30:18The development.
30:18The development.
30:18The development.
30:20approvals from the CAC and DEC approval for any grading within the
30:25jurisdictional areas so what we have before us now is essentially two lot
30:31minor subdivision would create create one new residential lot on North End
30:35with the potential to build one new single family residence is that blue
30:39line the hundred foot line or is it just so about the hundred foot line is
30:46so this is the hundred foot DEC jurisdictional line so the area the
30:56area in blue is the location of the wetland this buffer here this area
31:02that's the 100 foot New York State DEC jurisdictional area and then the CAC
31:09would be another 50 feet beyond that
31:16so we have based on the review we do have a resolution on to assume lead
31:23agency and issue a negative declaration for the revised two lot subdivision map
31:27as well as a resolution to schedule a public hearing on the application just a
31:32little history on the property just north of there was Duncan's duck farm
31:35just east of there was flippin's pig farm that was my stomping ground as a
31:40kid I know what
31:46I guess it's Latin America mm-hmm it's got that long driveway how far is that
31:54from Northville turnpike intersection so this entire this entire stretch is about
32:01500 feet so I mean yeah the gravel driveway away from the intersection of
32:0758 oh oh 500 feet okay yeah it's it's significant ways away but yeah the
32:14length of the driveway would probably be
32:16about 300 feet give or take okay
32:22anything else board members no I'm just looking forward to someone cleaning that
32:27area I deal a lot with DC I do love it I've always found it to be a very
32:36reasonable approach we did work this through we did try to get an additional
32:40lot it was it was more intense obviously theoretically meet the 40,000
32:18right thank you
32:44theoretically meet the 40,000
32:46square foot but at the same time the CDC felt that the sensitivity period
32:49about justified that second law so we came in with just just two months half a
32:55loaf half a loaf is better than none anything else thank you very much
33:03thanks great thanks okay the next discussion item is the Terra Vita
33:12winery and continued residence tasting room conversion with Greg
33:16Berman
33:18thank you
33:21thank you
33:22I believe we have Greg Goodale as well, who's the owner of the property, if they'd like
33:26to come up and join the discussion.
33:46Alright, just for the record, if you guys could introduce yourself.
33:50Arthur Rast, of the
33:54Sandusky Architects. Greg Goodale, owner of
33:58Taravita Winery and of the said 250 Metter Lane property.
34:02Thank you. So, what we have is a site plan
34:06application which is seeking approval to convert an existing single family residence
34:10which is located on the same property as a vineyard and wine tasting
34:14room. They're looking to convert the existing single family room,
34:18single family residence into additional tasting room.
34:20space as well as a small retail wine sales to go
34:24area. The application also proposes additional parking to facilitate
34:28the proposed expansion. Regarding secret, it's a type 2 action
34:32as it involves construction or expansion of an accessory
34:36or primary non-residential structure involving less than 4,000 square feet.
34:40So, there's no further environmental review required.
34:44Subject property is located in the agricultural protection zone where
34:48agricultural production is a permitted use as well as farm operations
34:52meaning the processing of agricultural products and the marketing of sale.
34:56Just for the board's knowledge,
35:00this site was originally developed with a
35:04single family residence. The owner at the time
35:08came in before the Riverhead Town Board in 2005
35:12and got site plan approval. Justin, if we could zoom in just a little bit here.
35:18In 2005, the Town Board granted site plan approval to construct
35:22the wine tasting room. There is about one acre of grapes
35:26planted on the property and the single family residence at the time was
35:30retained for residential use. So, the wine tasting room and the
35:34vineyard operation is a legal use within the APC zoning district.
35:38I did note that the garage
35:42on the northern neighboring property is currently where the
35:46wine is produced and as I understand that's pursuant to the
35:50farm wineries license. In order to facilitate the
35:54additional parking required by the change of use, the site plan does propose a
35:58row of 13 parking stalls along the south side of the
36:02access driveway. I did note on page 3 of the staff
36:06report during peak hours, this is essentially where people are parking
36:10anyway right now. I do just recommend the installation of like wheel stops
36:14whether they're railroad ties or some sort of block to just sort of identify
36:18and physically delineate the stalls. Is it pavement now or
36:22stone? It's grass. It's grass. Yeah, the area to the south of the driveway is currently grass.
36:28So, any lighting on the site needs to just be brought into compliance with the Dark Skies
36:34code. We did receive comments from the Riverhead Fire Marshal.
36:38They just noted that fire apparatus access must be maintained,
36:42which is a rule.
36:44The applicant is proposing no parking fire zone along here so that way in the
36:48event of an emergency they have access to the property.
36:52I did refer the application to the Riverhead Water District. They stated that
36:56the conversion of the residential use to a commercial use will require
37:00the installation of an RPZ. So, it's recommended the applicant
37:04begin the application process with the Water District.
37:08Conversion of the residence to the commercial tasting room space will require approval from the
37:12Health Department. Prior to the issuance of the
37:14building permit. And just one note, they will need to provide
37:18some ADA accessibility, which they are proposing. An ADA accessible handicap ramp.
37:22So, they will need to, that will be required.
37:26Beyond that, I mean, in the scope of the application,
37:30it's not a significant conversion. It's not a new structure. It already exists.
37:34Essentially a change of use. Essentially a change of use, yeah.
37:38The residence now, is someone living there in the house? No.
37:42Okay. It's vacant.
37:44They make wine right there?
37:46In the barn on 260, which we own 260 and 270.
37:50Stainless or oak? Both.
37:542023 whites are available.
37:58Did you bring samples?
38:02Greg, how many extra stalls, parking stalls?
38:06So, right now they have about 11 parking stalls here. They're going to propose a row of
38:1013 stalls along the
38:12south side of that driveway. And there's, they could fit two additional stalls
38:16in front of the existing tasting room. So, 15
38:20additional parking stalls on site, which will help during peak hours.
38:24Ultimately, if people have to park on the lawn here during a busy season, there's no
38:28prohibition currently with parking on Manor Road. You know, it consistently
38:32happens through other sites throughout town.
38:40Not a significant conversion.
38:41Greg, how many acres of grapes do you have to supply? And not just here, but in other areas?
38:47Well, this year we have about five, and then we're planting an additional five acres. So,
38:53in 20, at the end of 2024, we'll have about nine acres, nine to ten acres of grapes.
38:59Okay. And all your wine is from your own grapes, right, presently?
39:03Yeah. I mean, we have in the past bought a few tons to an open market, but my goal is to
39:09grow, harvest, ferment.
39:11And bottle and consume all on site.
39:14Okay. Good. Good luck.
39:20Good luck.
39:21Thank you.
39:23At this time, we invite public comments on resolutions. Anybody?
39:32I'll move Resolution 2024-019, Lally, Ossard, and Miner subdivisions.
39:39So moved.
39:41Second.
39:42Moved and second. May we have a vote, please?
39:44Mr. Zornicki?
39:45Yes.
39:46Mr. Ninaro?
39:47Aye.
39:48Mr. Behr?
39:49Yes.
39:50And I vote yes. The motion carries.
39:5124-20.
39:52Before you guys vote on 20, I will just acknowledge for the record the amendment that was made
39:55earlier this afternoon. I apologize, I did not get to update it on the website. There
40:00was a minor change to the language in number one of the resolves relating to the stormwater
40:05pollution prevention language. That was reviewed by the town attorney's office and signed off
40:10Thank you.
40:122024 020 gershaw recycling of riverhead resolution granting site plan approval for the
40:19kershaw recycling of riverhead second moved in second may we have a vote please mr zornicki yes
40:26mr nineron mr bear yes i vote yes the motion carries okay i'll move resolution number 21
40:35which grants administrative approval for lucero's restaurant second okay moved and seconded may we
40:42have a vote please mr zelnicki yes mr ninero hi mr bear yes i vote aye the motion carries
40:49um and i'd just like to wish them this is uh lucharitos wish them a lot of luck because uh
40:56they do a lot of wonderful things where they go and hope the town supports them in every way they
41:00can resolution 20 44 022
41:05resolution 23 northville acres minor subdivision secret resolution to assume lead agency
41:11second moving in second may we have a vote please mrs zelnicki yes mr ninero mr bear yes i vote aye
41:18the motion carries i'll move resolution 23 northville acres minus subdivision schedule a
41:25public hearing second second move in second vote please mr zernicki yes mr ninero mr bear yes i have
41:34a vote aye the motion carries
41:38resolution 20 24 024 1309 ocr automotive dealership resolution granting
41:46preliminary site plan approval second moving in second may we have a vote please mr zelnicki aye
41:53mr ninero hi mr bear yes i vote yes the motion carries i'll move resolution number 24 grants
42:02grants preliminary approval for this
42:04site plan of ocr was that the one we just did right i'm sorry number seven
42:14i'm sorry yes i'll move resolution number 25. and that's and that schedules a type that is type two
42:22uh in a public hearing for uh the tetra winery second moved and seconded now we have a vote
42:30please mrs zelnicki yes mr ninero mr bear yes mr ninero mr bear yes i vote aye the motion carries
42:34motion carries um thank you everybody at this time we invite public comments on all matters
42:46wow no takers i'll move the meetings of february 1st second moved and seconded all in favor
42:54aye aye any other business staff we have february 15th we have 15th
43:00february 15th
43:02we have february 15th
43:04we did the first oh okay
43:10okay um and i'll i'll move i'll move the minutes of february 15th you don't have them on the agenda
43:19it's on the agenda meeting of minutes of the board february 1 2025 and february 15th okay not on mine
43:26but it's fine not on mine either no okay i'll second okay moved in second all in favor aye aye
43:32vote aye the motion carries
43:34any business that we should know about correspondence
43:39our next meeting date is thursday march 21st at 3 p.m hope you can all be there thank you everybody
43:47motion to close so moved all in favor aye aye thank you everybody good job staff as usual
43:55thank you everybody good job staff as usual
44:04thank you thank you
44:09thank you

Full Transcript

Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. the water hearing was last Tuesday and is open for to the end of next week. We expect the water to be approved. It's a very expensive addition. It's going to be over $300,000 to bring the water from Linda Lane West down to the site. The applicant, though, I think is willing to do one thing that Craig hadn't talked about along the lot number four, which borders Linda Lane West properties. The applicants are willing to have the 20-foot buffer so that they'll keep a distance from the neighbors at that site. I think he's said just about all that can be said, and we're here to answer any questions. Thank you. Thank you. Mr. Cuddy, can we do a buffer around all of the lots, a 20-foot buffer around all the lots, just on the exterior of the lots? We probably could. We hadn't looked at it, but certainly the one that borders the other properties would be significant. I don't know if it would make a difference to do that, but the other lots are a bit smaller, and I just... They are a bit small, but there are trees there, and save as many as you can. Well, I think as far as buffering goes is one thing. As far as saving the trees is another thing. I don't anticipate that the trees are going to be as big as the other ones. I think they'll be taken...a lot of them are going to be taken there. I think they'll remain, but I've just told the reserves doing that buffer because all those lots actually go to the farm area, so there isn't anything that they come up against. Well, I don't know if it goes all the way to the farm area. I think it's still some wooded area. Well, you're concerned about keeping wooded area? Yes, that's not a problem. I understand that. That's fine.

Okay, thank you. Anybody from the public like to speak? Sir? I just want to remind everybody this is a public hearing, so you have to give your name and address for the record, please. John McAuliffe, 64 Jean Court in Rolling Woods. While I often speak, I have a very direct personal interest in this one, as I'm sure Mr. Doneski has too. This is our neighborhood. I think in the best of all possible worlds, we would love to keep the wooded area there. It's a loss of a nice buffer that protects the Rolling Wood area from Sound Avenue, from noise and from the atmosphere that can come from Sound Avenue. But, you know, you could have said the same thing about the properties where our houses are now, too. And I don't know what the balancing line is. I'm more concerned about the consequences of other projects in the future, like the resort area. But in this particular case, I think that as much – it's not just, of course, the human beings, but the wildlife that inhabit that area that will be disrupted by this construction. It isn't entirely clear Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay. Okay.

Okay. Okay. Okay. Okay. something of a buffer and something of a wooded area it's too hilly to be used for many at much agricultural purpose so I just wanted to ask that you ascertain exactly what's happening on on lot five and otherwise I don't think you know it's as I say in the best of all possible worlds we would maintain a lot of woodland that gets lost so thank you great you want to answer that Justin if you can zoom in a little bit on this map on the table here

so there we go all right so this one right here that I've highlighted in green this is the boundary of the area that's being subdivided for residential purposes there is a line here which you can sort of make out which that's the extent of the existing limit of woods there is no proposed development right now on that this area is the area that's subject to the deed of development rights in the future if they wanted to farm it I don't know if there's anything in the deed off the top of my head I can research that for the board's knowledge but there is no proposed development outside to the south or west of this green line so this would be the limits of the residential subdivision no development in this area John you have to speak from the microphone because it's a public hearing and Greg lot five is the entire 22 acres correct so yes there is no there is no residential development on lot number five that is subject to the Suffolk County deed of development rights there is no residential development the only thing they could do is to make sure that the residential development is in line with the deed of development rights and the only thing they could do is to make sure that the residential development is in line with the deed of development rights and the only thing they could do there is there is agriculture to the extent even if they wanted to put up farm structures they would need to go to the Suffolk County farmland preservation I believe is the farmland preservation board they would need to get approval from Suffolk County just as they did for when they went for the farm stand-up on sound there's no residential development on the agricultural lot they do have another farm building in already on the far west side of the property so greenhouse and So, there are the . Yeah, it's totally connected to the land, so that's not an issue. So, no, you've resolved – you've just said what my question was. So, that land is – the only thing that can go in is farmland, as I said. That is correct. Lot 5 in its entirety is a . All right. Well, we appreciate the fact that we will still have something of a barrier, and the deer will be very happy. Good evening, gentlemen. My name is Connie Stelzer, and I am a resident at 48 Linda Lane West. It is my neighbor. I have been there for 50 years. I am one of the longest residing residents there, because the people who originally came have now passed. This is the first I see. I'm going to go through the locality of where the driveway is going to come in. Of course, it's going to be right behind this stump, which is right next to me. I am on a hill, and it goes up higher. So, I do not think – and the gentleman who owns this property has the right to sell whatever he feels. Long as we are going to still keep our natural animals – the deer, the locality, the locality those goats, the geese, and all of that that we are so familiar with. There's nothing like Riverhead. I was born and raised here. My father was a farmer, and now my great-grand-nephew runs that same piece of property. So my interest in Riverhead is very dear. When I come out of Rolling Woods, and that's another thing, the Rolling Woods, when we talked about the buffer, please, could we have some kind of distance so that we still have our beautiful oak trees and different things back there? We need our natural. We need all of our animals that we have and the birds and everything. Please, dear God, don't take down all those trees. So I am requesting and asking, you're the owner, aren't you, sir? Yes, I've met you many, many years ago. I just request that perhaps you leave us with a nice buffer, be time to some up behind my property, next to Phil and everything, and I don't know how Eddie's property goes back there, but to have something so we're not looking like a real, community of houses. And I see these lots are very large, so I don't think we're going to find buyers who are going to be buying cheap property. I don't think that they will be affording a cheap house. So I think who we are going to be bringing into the neighborhood, we will welcome with open arms. But my only request is, please do not take down all the trees. Thank you. Thank you very much. Thank you, Connie. Well said. Next speaker.

We've got enough neighbors to have a block party here. Nobody wants to speak. Yeah, hello. Hello. We have somebody on Zoom. Can you hear us? Can you hear us? I'm glad you're coming on Zoom. Yep.

Is anyone there? Hello. Yo, hi, Phil. We can hear you. Hi, fellas. Okay. More neighbors. Good neighbors. Hey, this is Phil. I'm a lawyer. I live in 40 East Lindo Lane West. I'm Tony's neighbor. Phil, if you could speak a little closer to the microphone, please. I'm a neighbor. I'm a lawyer. I live in 40 East Lindo Lane West. I live in this area with block number four. This is pretty close to my property. And I'm okay with that. But I would request that we preserve the trees and have more of a buffer zone. We like to have... We're worried about the trees that I get right now. The trees... The beach trees are suffering from a disease. And we may be losing quite a few of them. Those trees. Someone filled out a buffer and it would be beneficial for us. And we can't... All of them, they've been a concern.

We're looking for a healthy, well-worn buffer. And we would like to save as many trees as possible. If we can... Yeah, I know you have the power to do that. If you can do that for us, we appreciate it. We'd love to preserve the environment, the trees, the animals. Roaming woods is... That's the name, roaming woods. We'd like to keep as many woods as possible.

My wife is here. She has something else to say. I'm going to put her off for a second. I think you said it beautifully. We know that you have the power to require buffers. And we would ask... We would ask you to use that power to protect the area to the greatest extent possible while this development is permitted and inevitable. It is roaming woods. As Connie said, we're now living in the house that she built 50 years ago. It's a neighborhood where people grow up and then return to live. And they live there because it's roaming woods. Because of its beauty. Because of its sense. Because of its community. Its history. It's an important part of the character of the neighborhood. And the trees are a part of that. And so we're asking you to use your authority and use it wisely. And preserve as much of the woods as buffer. To have a healthy and a well-reliated buffer between our lots. Which about this particular lot, number four. But also between those lots. Mr. Irvin mentioned that vegetation was going to be required. Which we're happy to hear. I know between the lots and rural roads. And between the lots and the agricultural area. So we're asking for similar consideration with our properties. And between those properties. So that the character of the neighborhood which is priceless will be preserved. Thank you very much for giving us the opportunity to share our concerns with you. We have consequences. So thank you. Thank you very much for your comments. Any other speakers? Yes.

Hi. My name is Brenda Kowalski. My husband and I. My husband Chet and I live on 60 South Drive. We are adjacent. We're at a dead end on South Drive in Reeves Park. And we are budding right up to lot number five. I just want to say we agree with the previous people that spoke wholeheartedly. And we would like that buffer as well. What we wanted to know. There is one question I had. What's the distance from the end of South Drive to that first lot number four? The distance heading east to west. Or west to east rather. If anyone. Knows the distance. Justin if we can get the eye in the sky over here on the map.

So from South Drive to the western end of lot number four. It's approximately two hundred and ninety feet. Give or take. Okay. And again. So this this line right here is the required setback. So you have two hundred and ninety feet and then another sixty feet before any structure would be constructed. Okay. I say okay. I thank you for that and as I said we would. Prefer to keep the trees we don't own the property but we would prefer the natural environment and the animals as previous speakers have said. The other question is there is a gate at the end of our road that goes into his property and we just wondered you know would there be anything in the future that's going to elongate South Drive and not make it a dead end. Is that going to be something in the future. that we don't know what the gates certainly don't think there's going to be a road or a house on that property there would be no reason to have a road it's going to be farm either cleared for farming or just left wooded whatever the the owner wants but i don't think you'll ever see a road there okay that's good news but brenda he the people who own the property do have the right to take maybe a tractor or something and to use that as a public okay i understand there will never be any homes on that house okay maybe a farm building in the future if he decides to do that okay but he's already farming down you know further south and one more question initially on the letter that we received it said that um it was to subdivide two existing parcels to create four so i just want to know what the two existing were unless you covered that already that wasn't clear to me so um um this is something that typically happens and it's sort of a byproduct of the sale of development rights to a property when the deeds for the sale of development rights are recorded and they go to the county clerk and real property they essentially it essentially creates an illegal subdivision so these lots a lot number five right now the proposed subdivision i believe is lot number 6.1 this subdivision area right now exists is 6.2 so they are right now they're two separate parcels but they were never legally created it sort of happens when the deeds are recorded this has happened many times the planning board has kind of had to approve subdivisions after the fact where a farmer sells his development rights he'll retain a lot for a residential home an applicant will go to the health department to try to erect a house on that property and the health department doesn't recognize it so the two lots that exist right now is that are 6.1 6.2 6.1 will be lot number five of the subdivision where the development rights are sold so they're creating really four new residential lots i do i do get it's a little a little confusing the way it's worded could you currently show me that again what were the original two and what's the four now justin can we zoom out a little bit so i can see the whole map on the all right a little more keep going keep going there we go all right so lot number six 6.1 is the land where the development rights are sold lot number 6.2 is the tract where they're going to create the residential lots okay and that as i said that sort of happens when they go to record the deeds with the county clerk it essentially parcelizes the land they get they're assigned new tax map numbers even though it's not a legal subdivision at that point okay so the four now are in 6.2 four an hour in six point okay

okay i think that's it thank you very much for letting me speak i appreciate it thank you any other speakers chairman i just have one question mr cuddy would your client consider like you said there's probably no need to have a buffer around all four locs but would they consider a 30 foot buffer instead of 20 to make the residents and back happier yeah please and I understand that the 30 foot from West going east would run into the driveway but then it would just that's that's what I'm there's a sump in that area I don't think that's as big but I don't think that's a problem I do think that she just said it's a 15 foot area as you come in initially where the sump is but otherwise I don't think that is a problem I just wanted to had something that the woman was concerned about what Craig was explaining I think was done quite well but just to add to it every time you have a development rights sale the county tax people in since that there are two lots and you have the lot that's developed and the lot that is development rights sold and that's all that's happened here and so that's why we wrote it the way we did thank you any other speakers move we close it here one second gentlemen a quick comment thank you when you sit on a planning board you get to decide things that are in people's backyards not easy a lot of times this one's in my backyard my wife and I have enjoyed that view for 25 years Connie 50 years but we took advantage of our neighbors view we we looked at it we didn't give any compensation we just enjoyed it I do support his property rights he pays taxes he has the right to do for lots there and I support it I don't think any of the neighbors or myself would mind a buffer there but I think it's going to be a nice project and I thank you for the view for all the years I had it Joe now you can go movie closed Marist farm hearing moved in second may we have a vote please mr. Zernicki yes mr. Manero mr. bear yes and I vote aye the motion passes okay moving along to discussion items Greg Berman Northville acres minus subdivision tell us what you got to say about that quick

all right so for this application I will have asked Mike Kim act to come up to the table applicants representative thank you thank you application that the planning board first reviewed back in late 2022. It's the minor subdivision of Northville Acres. The subject property is located at 821 Northville Turnpike. When this application was initially submitted to the planning board, it was a three lot minor subdivision. The map is a little busy, so I will just sort of point out the areas on the map. This area so that the board can easily identify it and I showed it on your maps as well. That's a wetland that runs through the center of the property. It's a part of Sawmill Creek just for easily identification. When the application was first submitted and reviewed, the applicant proposed a three lot minor subdivision. So this would have been lot number one, which has an existing single family residence and a detached garage on the property. And they were seeking approval to subdivide it and create two residential lots up here on the northern end of the property. When we coordinated Seagate, we considered it an unlinked. Listed action. We did initiate secret coordination back in late 2022. Uh, 1 of the agencies involved in the review and approval was the town of riverhead conservation advisory council. When this application came to the red conservation advisory council. The essentially said that they wouldn't approve the intensity of development on the northern lot. Because of the proximity, both to the wetlands here, and there is also a wetland to the north of the property. So they're essentially. A little. Section of dry land between 2 wetlands. So. After a couple of meetings with the and some discussion, uh, said they would approve a 2 lot subdivision. So the applicant has revised the map. So it is a 2 lot subdivision. Now. The dividing line would be right down the center of the wetlands. Um, the setbacks, you know, the development would take. Place 100 feet minimum from the wetland areas. Um, the developments, anyone, they make an application to. The development. The development. The development. The development. The development. The development. The development. approvals from the CAC and DEC approval for any grading within the jurisdictional areas so what we have before us now is essentially two lot minor subdivision would create create one new residential lot on North End with the potential to build one new single family residence is that blue line the hundred foot line or is it just so about the hundred foot line is so this is the hundred foot DEC jurisdictional line so the area the area in blue is the location of the wetland this buffer here this area that's the 100 foot New York State DEC jurisdictional area and then the CAC would be another 50 feet beyond that so we have based on the review we do have a resolution on to assume lead agency and issue a negative declaration for the revised two lot subdivision map as well as a resolution to schedule a public hearing on the application just a little history on the property just north of there was Duncan's duck farm just east of there was flippin's pig farm that was my stomping ground as a kid I know what I guess it's Latin America mm-hmm it's got that long driveway how far is that from Northville turnpike intersection so this entire this entire stretch is about 500 feet so I mean yeah the gravel driveway away from the intersection of 58 oh oh 500 feet okay yeah it's it's significant ways away but yeah the length of the driveway would probably be about 300 feet give or take okay anything else board members no I'm just looking forward to someone cleaning that area I deal a lot with DC I do love it I've always found it to be a very reasonable approach we did work this through we did try to get an additional lot it was it was more intense obviously theoretically meet the 40,000 right thank you theoretically meet the 40,000 square foot but at the same time the CDC felt that the sensitivity period about justified that second law so we came in with just just two months half a loaf half a loaf is better than none anything else thank you very much thanks great thanks okay the next discussion item is the Terra Vita winery and continued residence tasting room conversion with Greg Berman thank you thank you I believe we have Greg Goodale as well, who's the owner of the property, if they'd like to come up and join the discussion.

Alright, just for the record, if you guys could introduce yourself. Arthur Rast, of the Sandusky Architects. Greg Goodale, owner of Taravita Winery and of the said 250 Metter Lane property. Thank you. So, what we have is a site plan application which is seeking approval to convert an existing single family residence which is located on the same property as a vineyard and wine tasting room. They're looking to convert the existing single family room, single family residence into additional tasting room. space as well as a small retail wine sales to go area. The application also proposes additional parking to facilitate the proposed expansion. Regarding secret, it's a type 2 action as it involves construction or expansion of an accessory or primary non-residential structure involving less than 4,000 square feet. So, there's no further environmental review required. Subject property is located in the agricultural protection zone where agricultural production is a permitted use as well as farm operations meaning the processing of agricultural products and the marketing of sale. Just for the board's knowledge, this site was originally developed with a single family residence. The owner at the time came in before the Riverhead Town Board in 2005 and got site plan approval. Justin, if we could zoom in just a little bit here. In 2005, the Town Board granted site plan approval to construct the wine tasting room. There is about one acre of grapes planted on the property and the single family residence at the time was retained for residential use. So, the wine tasting room and the vineyard operation is a legal use within the APC zoning district. I did note that the garage on the northern neighboring property is currently where the wine is produced and as I understand that's pursuant to the farm wineries license. In order to facilitate the additional parking required by the change of use, the site plan does propose a row of 13 parking stalls along the south side of the access driveway. I did note on page 3 of the staff report during peak hours, this is essentially where people are parking anyway right now. I do just recommend the installation of like wheel stops whether they're railroad ties or some sort of block to just sort of identify and physically delineate the stalls. Is it pavement now or stone? It's grass. It's grass. Yeah, the area to the south of the driveway is currently grass. So, any lighting on the site needs to just be brought into compliance with the Dark Skies code. We did receive comments from the Riverhead Fire Marshal. They just noted that fire apparatus access must be maintained, which is a rule. The applicant is proposing no parking fire zone along here so that way in the event of an emergency they have access to the property. I did refer the application to the Riverhead Water District. They stated that the conversion of the residential use to a commercial use will require the installation of an RPZ. So, it's recommended the applicant begin the application process with the Water District. Conversion of the residence to the commercial tasting room space will require approval from the Health Department. Prior to the issuance of the building permit. And just one note, they will need to provide some ADA accessibility, which they are proposing. An ADA accessible handicap ramp. So, they will need to, that will be required. Beyond that, I mean, in the scope of the application, it's not a significant conversion. It's not a new structure. It already exists. Essentially a change of use. Essentially a change of use, yeah. The residence now, is someone living there in the house? No. Okay. It's vacant. They make wine right there? In the barn on 260, which we own 260 and 270. Stainless or oak? Both. 2023 whites are available. Did you bring samples? Greg, how many extra stalls, parking stalls? So, right now they have about 11 parking stalls here. They're going to propose a row of 13 stalls along the south side of that driveway. And there's, they could fit two additional stalls in front of the existing tasting room. So, 15 additional parking stalls on site, which will help during peak hours. Ultimately, if people have to park on the lawn here during a busy season, there's no prohibition currently with parking on Manor Road. You know, it consistently happens through other sites throughout town.

Not a significant conversion. Greg, how many acres of grapes do you have to supply? And not just here, but in other areas? Well, this year we have about five, and then we're planting an additional five acres. So, in 20, at the end of 2024, we'll have about nine acres, nine to ten acres of grapes. Okay. And all your wine is from your own grapes, right, presently? Yeah. I mean, we have in the past bought a few tons to an open market, but my goal is to grow, harvest, ferment. And bottle and consume all on site. Okay. Good. Good luck. Good luck. Thank you. At this time, we invite public comments on resolutions. Anybody?

I'll move Resolution 2024-019, Lally, Ossard, and Miner subdivisions. So moved. Second. Moved and second. May we have a vote, please? Mr. Zornicki? Yes. Mr. Ninaro? Aye. Mr. Behr? Yes. And I vote yes. The motion carries. 24-20. Before you guys vote on 20, I will just acknowledge for the record the amendment that was made earlier this afternoon. I apologize, I did not get to update it on the website. There was a minor change to the language in number one of the resolves relating to the stormwater pollution prevention language. That was reviewed by the town attorney's office and signed off on. Thank you. 2024 020 gershaw recycling of riverhead resolution granting site plan approval for the kershaw recycling of riverhead second moved in second may we have a vote please mr zornicki yes mr nineron mr bear yes i vote yes the motion carries okay i'll move resolution number 21 which grants administrative approval for lucero's restaurant second okay moved and seconded may we have a vote please mr zelnicki yes mr ninero hi mr bear yes i vote aye the motion carries um and i'd just like to wish them this is uh lucharitos wish them a lot of luck because uh they do a lot of wonderful things where they go and hope the town supports them in every way they can resolution 20 44 022 you resolution 23 northville acres minor subdivision secret resolution to assume lead agency second moving in second may we have a vote please mrs zelnicki yes mr ninero mr bear yes i vote aye the motion carries i'll move resolution 23 northville acres minus subdivision schedule a public hearing second second move in second vote please mr zernicki yes mr ninero mr bear yes i have a vote aye the motion carries resolution 20 24 024 1309 ocr automotive dealership resolution granting preliminary site plan approval second moving in second may we have a vote please mr zelnicki aye mr ninero hi mr bear yes i vote yes the motion carries i'll move resolution number 24 grants grants preliminary approval for this site plan of ocr was that the one we just did right i'm sorry number seven

i'm sorry yes i'll move resolution number 25. and that's and that schedules a type that is type two uh in a public hearing for uh the tetra winery second moved and seconded now we have a vote please mrs zelnicki yes mr ninero mr bear yes mr ninero mr bear yes i vote aye the motion carries motion carries um thank you everybody at this time we invite public comments on all matters

wow no takers i'll move the meetings of february 1st second moved and seconded all in favor aye aye any other business staff we have february 15th we have 15th february 15th we have february 15th we did the first oh okay okay um and i'll i'll move i'll move the minutes of february 15th you don't have them on the agenda it's on the agenda meeting of minutes of the board february 1 2025 and february 15th okay not on mine but it's fine not on mine either no okay i'll second okay moved in second all in favor aye aye vote aye the motion carries any business that we should know about correspondence our next meeting date is thursday march 21st at 3 p.m hope you can all be there thank you everybody motion to close so moved all in favor aye aye thank you everybody good job staff as usual thank you everybody good job staff as usual

thank you thank you thank you