March 20, 2025 — Planning Board

Planning Board Meeting

Timestamped Transcript

Click any timestamp to jump the video to that moment.

0:00Thank you.
0:30[transcription gap]
6:01parking stalls and I scaled this out I mean even though they're not delineated
6:05there's more than enough parking here for I think 40 cars so I mean if you if
6:09you would be able to add handicapped stole I guess proximate to where the
6:14farm stand would be a problem I can give you the information on that yeah that'd
6:18be great thank you yeah it really do T has to be the one to decide on whether
6:24you have it in and out or right oh yeah so I mean it's it's something that I
6:27just picked up on you know I'm familiar with the area and even if we were to
6:32require or do T requires a write-in only we sort of know that people don't always
6:36adhere to sign restrictions so I just wanted to bring it up so that everybody
6:41is aware and if do T wants them to do that or make modifications plan it's
6:46really it's up to them so that's why the resolution is subject to both Suffolk
6:51County farmland and also do T the town engineer wanted some specifications on
6:56the gravel and you
6:57you
6:57have already worked on providing that so I don't expect any other hiccups it's
7:02really you know it's seasonal it's not going to be a huge farm stand again it's
7:07a movable truck so you're gonna keep are you gonna keep the trailer in the back
7:11yeah yeah I use that for straw storage is that is that stone on pallets is that
7:20your property or next door that's next to next door okay yeah we're right to
7:25the west of that okay when they're in senior talking
7:27so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so
7:57Suffolk County for and probably subsequently come back to us as well but this is really sort of
8:03I'd say accessory to your main farm stand that's on Middle Country Road and that's where the bulk
8:10of the sort of like ag tours and stuff happened. The reason for my question was it going to be an
8:15extension of what was on the 25th. Right well actually I'll give you a quick back story. My
8:20daughter is 16 so she's really taking a liking to the farm and for us we don't want to push her away
8:26so we're giving her the option she's actually going to run this stand this summer and then
8:33she can carry on. Give her something that she can correct. That's the main drive behind this.
8:40Got it. Well I think you answered my question. As far as snow fences go up don't they usually
8:48have snow fences in these areas would that interrupt? The state puts it up but they come
8:52in the gate they put it up and then they take it down. Okay yeah there's no issues there. Yeah so
8:56they're just.
8:56They're just proposing they're going to move there's an existing deer fence that they're going
9:00to move back and then they'll throw up a split rail fence I guess you know sort of as a just a
9:04delineate. Yeah and then when the state comes in they put the snow fencing up just like I think the
9:10town roads the highway department does the snow fence. Right. I've seen all your other I live not
9:15far away and everything you guys touch it looks beautiful. Thank you. Thank you. We've been blessed.
9:20Work hard but you get blessed you know. So if the board's amenable you know the resolution is subject
9:25to both DOT and
9:26Suffolk County farmland but. Quick question Dave were you guys going to do strawberry picking or pumpkin picking?
9:32That's not an option right now not not as of now I'm not going to say that's not going to change in the future at some point but right now we have a lot of irons in the forest so we're just trying to.
9:41Yeah and he's got strawberry picking next door.
9:46Anything else gentlemen? No. Okay we'll have a vote later good luck. Thank you guys. Thank you.
9:53You have to run into Suffolk County now? Five o'clock.
9:56You have to go there.
9:58We're going to go out to dinner Dave.
10:00Thank you guys. Thank you.
10:02Okay discussion item number two with Greg Bergman points east LLC minus subdivision. What do you got going on Greg?
10:10Give me one sec. So I did inform the applicant of this meeting he was supposed to attend. I mean I can present it quickly you know I do have my report.
10:22If there's any outstanding questions from the board we can wait to have them.
10:24Okay.
10:25We can wait to have them answered until the applicant is present.
10:27Greg I just noticed it.
10:29Let's talk about that later.
10:31Oh okay.
10:32I just noticed it.
10:37Can we just zoom out a little bit on the.
10:43Okay.
10:45I think we have a motion.
10:47Okay.
10:48I think we have a motion.
10:49Okay.
10:50I think we have a motion.
10:51Okay.
10:52I think we have a motion.
10:53Okay.
10:54I think we have a motion.
10:55Okay.
10:56I think we have a motion.
10:57Okay.
10:58I think we have a motion.
10:59Okay.
11:00I think we have a motion.
11:01I think we have a motion.
11:02Okay.
11:03I think we have a motion.
11:04Okay.
11:05I think we have a motion.
11:06Okay.
11:07We have received a minor subdivision application seeking approval to subdivide an existing 2.05 acre parcel of land
11:15and create a four lot minor subdivision utilizing town of Riverhead transfer of development rights to achieve the desired development yield.
11:24We have received an existing condition survey and as of right yield map and a TDR yield map,
11:30which is currently on the table right now that the board is looking at.
11:33In terms of SICRA, the proposed minor subdivision is a type 2 action under our town code
11:39as the proposed subdivision meets all the dimensional requirements
11:42and would be precluded from further subdivision based on our dimensional requirements.
11:47I do note that although it's a type 2 action and requires no further environmental review,
11:53the subject property is located within a potentially archaeologically sensitive area.
11:57So I did refer that application to SHPO.
11:59We received comments back from them, which I'll get to shortly.
12:03In terms of the site location, zoning and surrounding area,
12:07Suffolk County tax map is Suffolk County 600-84-1-6.
12:14Again, it's 2.05 acres.
12:16It's located on the south side of Middle Road within the residence A40 zoning use district.
12:22It's approximately 1,300 feet east of the intersection of Middle Road and Ostrander Avenue.
12:27The property is presently approved with a two-story single family residence,
12:30which there are no records currently maintained.
12:33The property is maintained by the Riverhead Building Department on that house.
12:35It likely predates the establishment of zoning in the town, meaning it was built prior to 1965.
12:41I do recommend that the property owner make an application to the building department
12:45for a letter of pre-existing use just to memorialize that fact.
12:49That house is going to stay then?
12:52I believe that house is intended to stay.
12:54I don't want to speak on behalf of the applicant.
12:56But again, we'll get him before the board to clarify any questions you may have.
13:02So access to the site.
13:03The site is currently taken by a dirt and stone driveway,
13:06which is located to the west of the existing residence,
13:08which is shown in Figure 3 on page 3 of my staff report.
13:12The surrounding area is surrounded by residential and agricultural uses.
13:16There's a number of retirement communities on the north side of Middle Road,
13:19as well as assorted single family residences.
13:23Regarding the use of transfer of development rights to increase the development yield of the property,
13:28it's permitted to essentially double the as-of-right development density
13:32within the RA40.
13:33The area is a RA40 zoning district pursuant to Town Code 301-208B.
13:38The residence, A40, has a minimum lot size of 40,000 square feet.
13:42With the use of TDRs, you can increase the density down to,
13:47no instance shall lot yield exceed one lot per 20,000 square feet.
13:51So again, you can essentially double the density.
13:54I did note, and it's sort of a little bit of an anomaly,
13:59there's no specified dimensional regulations within our code.
14:03An applicant is proposing to utilize TDRs to do an increased density subdivision.
14:08But I did clip out the dimensional regulations for our residential zoning districts.
14:13The code does contain what's called a workforce housing option,
14:16which gets you down to a 20,000 square foot lot size,
14:19and that contains its own specific dimensional regulations.
14:23For the purpose of this application,
14:25I'm recommending that the board apply those dimensional regulations to the subdivision.
14:31That's something we're going to work on separately,
14:33with the town board, just to sort of codify those different dimensional regulations.
14:37So how many TDRs are they purchasing?
14:39It would require two.
14:41Two, okay.
14:41Two TDRs.
14:42And they have begun discussions.
14:45There's an applicant who has TDR credits.
14:48They're going to negotiate with that applicant for the use of those TDRs.
14:53The signature and the filing of the map,
14:56they'll have to make a separate application for the use of those TDRs.
15:00So that will have to take place before,
15:03the signature and the filing of the map.
15:05The board has seen that recently.
15:06We've done TDRs in the Villas at Roanoke subdivision,
15:11which is now known as Seacrest Estates.
15:14And we also did a TDR map up on Pier Road,
15:17up on the west,
15:17Pier Avenue on the west side of the road within the last year or so.
15:24In terms of development yield,
15:26the lots on the TDR yield map,
15:28lot one is 20,118 square feet.
15:31Lot two is 20,650 square feet.
15:32Lot four is 20,650 square feet.
15:32Lot five is 20,650 square feet.
15:32Lot six is 20,650 square feet.
15:33Lot seven is 21,611 square feet.
15:35Lot three is 22,486 square feet.
15:39And lot four is 26,270 square feet.
15:43So the property is located within the Riverhead Water District.
15:48And there is currently an easement,
15:50which encumbers a 15-foot-wide stretch of land on the west side of the property,
15:55which is to the benefit of the town of Riverhead for the purposes of laying,
15:59maintaining, operating, repairing, and removing water lines,
16:03trunks, trunk mains, hydrants,
16:05and necessary water district appurtenances under and through the property.
16:09That easement was established as a result of an eminent domain proceeding initiated by the town in 1990.
16:14The easement does reserve to the owner of the property the rights to pave at the owner's cost and expense
16:21the surface of that easement area for ingress and egress purposes.
16:25However, it requires that any pavement shall be done with bituminous or like material and not with concrete.
16:31So basically asphalt or some type of stone.
16:33Stone blend material.
16:34In the event that the town is required to disturb those paved areas,
16:39the town would be then required to repave those areas.
16:42Is that an active water main?
16:45I believe it's a transmission line.
16:48The plans were referred to...
16:50I mean there's water in it.
16:51Yes.
16:52That's right.
16:52Yes.
16:53So I did speak to the Riverhead Water District.
16:55They did receive a copy of the plans.
16:57They are working with the applicant.
16:58They're trying to determine the feasibility of the applicant being able to
17:03tap off individual service mains to the houses off of that transmission line
17:08as well as the feasibility.
17:09I'll get to it a little bit later, but they will be required to put a fire hydrant
17:14along that common driveway just based on fire code requirements and the distance to the nearest hydrant.
17:20So the Riverhead Water District is currently investigating the feasibility of all those requirements.
17:25The water main, does it extend down to Middle Road?
17:30Yes.
17:30And we did speak earlier.
17:33I can't speak to why the map sort of shows the water line terminating about right there,
17:39but our GIS records do indicate, yes, that there is a 16-inch transmission line coming
17:44from the tank on Route 58 that connects all the way to Middle Road.
17:49Yeah.
17:49Okay.
17:50That makes sense.
17:51Yeah.
17:51So again, just touching on the potentially archeologically sensitive area, I did refer
17:58the application to SHPO through their cultural resource information system.
18:02Okay.
18:02Thank you.
18:03I received correspondence back from SHPO on March 7th indicating that no archeological
18:08and or historic resources would be impacted by the project.
18:12I got comments back from the Riverhead Highway Department.
18:15They're going to look for a standard road opening permit.
18:18We got comments back from the fire marshal.
18:21They deal with turnaround.
18:23So when driveway is in excess of 500 feet in length, they'll need a required turnaround.
18:28That'll be fire code.
18:30Driveways in excess of 500 feet in length, they'll need a fire code.
18:32Okay.
18:32So the fire hydrant must be provided within 600 feet in length and less than 20 feet in
18:34width, need to provide turnouts along the length of that driveway.
18:38And again, the fire hydrant must be provided within 600 feet as measured along that apparatus
18:44access road.
18:45So I did note this is just a subdivision plat for the purposes of review.
18:51I did note that the map would need to be amended to include a common driveway easement, which
18:57would need meets and bounds descriptions, and we're going to need an engineered grading
19:01drainage plan for that common driveway.
19:05The grade of the property typically does slope down towards middle road, so we want to make
19:09sure that any surfaces, they capture their runoff and they're adequately maintained
19:13and they're not putting .
19:15It could impact, since you have to have a turnaround, it could impact lot number four.
19:20So it wouldn't necessarily affect the lot size.
19:24That common driveway would just be an easement, so the area of the driveway and the turnaround
19:29wouldn't subtract from the lot size.
19:31It would just be encumbered by an access easement.
19:35But it wouldn't shrink the size of the property because again, we're not-
19:37Well, you have, if they had to give it up, that has property and they can give up if
19:43they have to give it up and still meet 20,000.
19:46Correct.
19:47But for a minor subdivision, they're not constructing a town roadway, so this would be a common
19:51driveway.
19:52There would be a note on the plans that it would not be for dedication to the town, so
19:56they would never be dedicating anything.
19:58It would just be part of their property that would be encumbered by the-
20:01Yeah.
20:02Common driveway easement.
20:03I did refer the application to the Suffolk County Planning Commission.
20:07We're waiting on a response for the Planning Commission.
20:10I did also refer the map to the Suffolk County Department of Health Services.
20:16So I do have a resolution on for the board to consider to schedule a public hearing for
20:20this application, which would be the second meeting in April.
20:23Again, I do apologize for the applicant not being here.
20:27He was aware, but if there's any questions that the board has, I can just-
20:31Yeah.
20:32I can just jot them down and relay them to the applicant to make sure that the board
20:34is comfortable and satisfied with moving forward to the public hearing.
20:38I'd like to see the map amended, certainly to show the turnaround and extend the water
20:44main and some drainage.
20:48Also, there's nothing there on elevations.
20:50I don't think the elevations are bad, but I don't know whether it's back to front, left
20:55to right.
20:56Hopefully, we could have that before the public hearing.
20:59Okay.
21:00Thank you.
21:01All right.
21:02If not, if they can't, then I would say we're going to have to hold the public hearing open.
21:08All right.
21:09So just to clarify, you want to amend the map to show the driveway, turnarounds, drainage,
21:14elevations, and the continuation of the water main and middle road.
21:18Yeah.
21:19Thank you.
21:20The same concerns I had, too, Greg.
21:23Now, they don't need to do any curbing at all on a-because it's minor.
21:28So again, it would be a common driveway.
21:29It's not something that was designed.
21:30It's not designed to town standards.
21:32Obviously, they need to maintain the point of stormwater.
21:33Right.
21:34But it's not something that would be designed to the town of Riverhead Road and drainage
21:37standards.
21:38Will they pave this?
21:40I'm assuming they would pave it.
21:43According to the town requirements.
21:46So again, there's no real town requirements for the common driveway.
21:53It's really relying on the State Fire Code.
21:54In terms of minimum width.
21:55Minimum.
21:56It needs to be able to hold 82,000 pounds.
21:58the weight of local fire apparatus and it needs to be in all weather conditions so it would likely
22:03need to be paid by some surface but that's why i requested in the report we need to see you know
22:08paving special paving specifications a lot of the town engineers look at that and confirm that it
22:13does meet those requirements any any lighting uh that has to be required i there's no street
22:20lighting there's no you know there's no municipal lighting that would be installed any lighting
22:23would be on the single family residence do we have to approve a yield map for this um that is that is
22:30a step we've done so we will we'll we have a yield map we'll do a yield approval and then a tdr
22:36approval okay we're good all good yeah all righty thank you greg uh let's go to discussion item
22:51number three 940 through 940.
22:536 west main street redevelopment
23:01with you again greg
23:07hey board how we doing doing good how are you
23:12and he gets more handsome every day
23:16flattery will get you everywhere if you guys joke around town as we look like each other
23:23uh just
23:23state your names to the record please frank fisher
23:27raise your cup and martin sandlesky i did it for you buddy thank you all right
23:45this morning
23:52all right
23:53so this is just a follow-up discussion on the site plan for the redevelopment of the old blackman site
24:03uh 940 to 946 west main street uh this is for a site plan application that's going to demolish the
24:11existing structures construct a new three-story approximately 153 000 square foot self-storage
24:17building as well as a one-story approximately 47 000 square foot non-nuisance tenant rental building
24:23along with related improvements including parking paving drainage access and landscaping
24:29project site is six continuous parcels of the land low totaling approximately 5.92 acres
24:36identified as suffolk county tax map numbers 600-124-3-1 and 2 3 4 and 5 as well as tax map
24:46number 600-125-2-5.2 and they're all located within the platonic river community zoning district
24:54uh we did initiate a secret coordination on november 12th of 2024 it is a type 1 action
25:01we distributed secret coordination materials to all the involved agencies
25:07we received responses from the suffolk county planning commission
25:11as well as the new york state department of transportation and the fire marshal's office
25:16so what i have is a resolution to assume lead agency and issue a negative declaration i did fill
25:23out the
25:23eaf parts two and three again which is just a determination you know a evaluation of the
25:29magnitude of significance of the proposed development as well as the determination of
25:33significance uh finishing secret will allow the applicant they do have a pending zoning board of
25:39appeals application and i believe marty is probably going to speak a little bit about how
25:44the plan has been modified as a result of that what's wrong different wait first where is the
25:51blackman building
25:52on this?
25:55It's not shown on here.
25:57No, I know that. Where is it?
25:58Right about,
26:00it's just about in line with
26:02where the driveway is located.
26:04Oh, okay. It's pretty much
26:06in the middle there. The building
26:08from the left side is where
26:10the open area is,
26:12the paved area, and then there's the copy
26:14place, and then the black one,
26:16and as you get further east, it's the smaller
26:18part. So,
26:19basically, I actually got one of
26:22those getting old moments because I was
26:24writing my notes, and actually, last
26:26time we were here was March
26:2821st of 24, so tomorrow's going to
26:30be a year since we were before you.
26:32Happy International Week.
26:34Since that time, there have been a number of changes
26:36that will certainly affect this board
26:38that you're aware of. One is
26:39you can no longer consider
26:42pervious pavers as
26:44pervious surface, now considered
26:46impervious. We have, at that
26:48meeting, gotten
26:49an initial approval
26:52from the board to proceed with that, so
26:54that was changed, and
26:56also the
26:57definition of floor area, you're no longer able
27:00to eliminate certain areas
27:02when you do your parking calculations.
27:05that's happened during the interim period.
27:08We went to the zoning board for a couple of
27:10for three variances.
27:12One was the impervious surface,
27:14FAR, and landscaped area.
27:17It was a very, actually,
27:18a very good review because one of the things that we did was we did a lot of work on the
27:19zoning board.
27:20One of the things that's different in this zone from other zones,
27:22with impervious surface, which is very important here,
27:25is that
27:26this zone actually has, under the
27:29site development, it has compliance with the dimensional table,
27:34which all of them do, but there's an additional note
27:37in this section of the code that says
27:39you need 50% landscaped area.
27:42And, as it turns out in our discussions with the zoning board,
27:45zoning board attorney, etc., it was really brought to our attention that, you know,
27:49that was really a legislative intent of the whole corridor coming from the west into Riverhead.
27:56So, with that, we had to really go to work and we did a big revision of the site plan based on that.
28:04The first plan that you have on the first page, this one here,
28:07is basically the plan we looked at the last time.
28:11It has, you know, they have the two driveways, the storage building, the building here.
28:15You notice that each building has a driveway wrapping all the way around.
28:18It on the original plan.
28:21And the red line is a reference line.
28:24And you'll see why that's there when we go to the next plan.
28:27So, this was the plan we had looked at originally.
28:30When you go to the next plan, the reference line is still there.
28:34There's that red reference line.
28:36But all of the green is now area that's no longer paved.
28:40That is, we reduced the project substantially in terms of all of its impervious surface.
28:48And the orange was certain areas that we were adjusting the plan where pervious surfaces were added.
28:53But what happened is now, based on the review with the zoning board and with Greg,
29:01we eliminated totally that need for the variance for the 50% landscaping area.
29:08And it's really important because we really brought the project to compliance with the intent of that corridor.
29:15It was really a very good couple of minutes.
29:18We had a lot of meetings.
29:19We got a lot of assistance from planning.
29:21And it worked out really well.
29:23And then the last copy here is just the same plan that has the color on it, but it's a little bit clearer.
29:28And I just want to note the changes.
29:30On this plan, you still have two driveways, okay, that enter into the site.
29:36On the storage building, that basically stayed the same.
29:40It didn't change really much at all.
29:42The storage building loops around, all the way around.
29:45We did flip the driveway and the parking in the front of the building.
29:48But generally, that stayed the same.
29:51The building number two to the west, you come in and as you come in,
29:57you're going to come in and there will be like a directory sign there because they have a shared cross access between the two properties.
30:03So you'll come in.
30:04That will be a nice landscaped area with a directory.
30:07You go left.
30:08There's parking for the public that's going to come in to the front of the building.
30:13And then a loop around the back with parking along the back and access to the overhead doors of the building.
30:18And then the doors in the back were bringing material in.
30:21And then we added a cross access back here that would be controlled with a gate that would be tied into the Knox box that the storage facility already had.
30:33The fire marshal wanted a Knox box, so they turned the key.
30:36All of these gates open, so they have full access around the site.
30:40They basically have a figure eight around both buildings.
30:43So those were the major changes there.
30:47The first change was on the building to the left.
30:49We no longer have the drive all the way around.
30:52We eliminated some footage.
30:54We now have the ramp down to the basement on the other side.
30:59And we also defined better what the use is.
31:03The use in the code was non-nuisance industry.
31:09Really the way that this is set up is to have a shop in the front, not a shop, but a location in the front with this merchandise.
31:16So let's say whatever the product is that people are involved with.
31:21An example would be, let's say, prefab fireplaces.
31:24And they'd have a little showroom.
31:26The upper area, the mezzanine, they'd have their office area where they would do administrative.
31:30And the back area would all be the warehousing of all the stuff.
31:34So with that, we eliminated any of the areas that we were looking to take out of the parking schedule.
31:40We were parking for the entire building.
31:42But before, we were using the 1 to 300 for that area.
31:45And then we were using the 1 to 300 for the other areas.
31:46We didn't have a full head room.
31:47[transcription gap]
31:59still require a relief from the zoning board of appeals we no longer require the landscaping area
32:05we do require the impervious that's really a direct result of that the change in the code
32:11though after we submitted if we if it was still allowed those pavers to be considered pervious
32:18we wouldn't have required that variance and so it changed but we did go from originally when we were
32:23here the overall development of the site this is where uh greg really explained well how they went
32:30through the change on the code because it really is you know courteous impervious like greg said
32:36it's really it's development whether it's you're parking on pavers you're parking on asphalt it
32:41still appears as development so that's really where the code change came from we really would
32:48i i told my client that i we really had to go to work because we couldn't exceed that 50
32:53because that again is a legislative intent for the aesthetics of of uh you know west main street
33:00as you're approaching riverhead um so we completely eliminated that now we're just at 50
33:06on the impervious originally the impervious is allowed at 40 we were going seeking 60 we've
33:14reduced the request for the variance in half to uh it's now 50 which is only a uh which is only a 25
33:23percent increase and uh the far uh is the same as it was before but all of the additional floor
33:30area uh that increases the far is totally below grade what's from the grade level up is actually
33:37less than what the allowable far would be above grade we have most of that down below and the
33:43zoning board we had a couple of meetings and they reviewed it we had a very good review and they
33:48said they just wanted to reserve a decision until this board as the lead agency had it
33:53time how many feet to groundwater do you have there uh the groundwater was ice uh 17 oh yes
33:59it's high it's it's it's excuse me yeah you have a test hole on here and we are above the groundwater
34:06with the with the my my question is you got 11 foot ceilings down there you got ways to get down
34:13there what are you going to do with 56 000 plus feet in the basement which no one can see what's
34:20what's that that's warehousing that's warehouse
34:23yeah four uh well actually in building one which is the uh the storage building the this you know
34:29the strictly storage building yeah that building is that building is um there's a total of i'm
34:36looking at building two building two is a total of twenty six thousand two hundred fifty feet
34:41uh yes plus the uh and you've got and that's the best uh you got almost twenty thousand square feet
34:47of cello yeah that's correct so the the building two again they have uh that's
34:53for additional product and warehousing in the lower level.
34:57And building one, which is a storage, strictly a storage building,
35:00it's a self-storage building,
35:02there was a need established by my client
35:06for one of the things that you really don't have access to
35:10with the self-storage buildings,
35:12and that is there's a lot of people that have cars that they store.
35:16And actually there are a lot of clients, especially on the East End,
35:19who store cars seasonally because they,
35:22you know, we're talking, we're not talking about the family car,
35:25we're talking about $400,000, $500,000 vehicles
35:28that they use when they're out here in the summer.
35:30So there's a real need for vehicle storage out on the East End.
35:35Is that what that ramp is for?
35:36That lower level accommodates that.
35:38That's really, you can't put that into a storage building
35:40the way that they're built.
35:41They're more, you know, storage for household stuff,
35:44which the upper levels remain.
35:46And then the other building, having that being more clients
35:50or tenants, I should say,
35:52with, you know, showrooms and administrative and product,
35:57it's just for them to have the ability to have bulk product.
36:02What's the grade on that ramp going down?
36:05I know like some of these exotic cars have low front ends and everything.
36:09Yeah, well, what happens is there's actually,
36:11I would refer back to 48 Kroen.
36:17And this has the same exact geometry.
36:19What happens is with the approach ramps,
36:21you have to start with, I don't have the percentages in my head,
36:25but you have to come in and start at a lower slope
36:27and then go to a heavier slope, then to a lower slope, then to level.
36:31So it's not just a ramp.
36:33Yeah, I understand.
36:33It takes into account clearances and bumpers and all of that as you're going.
36:37So thank you.
36:39A quick question.
36:41On the other prints, you had an elevator in one of the buildings.
36:44Is that correct?
36:45Well, a storage building will have multiple elevators
36:48because the storage, the self-storage building, the way that they work,
36:51is people pull in.
36:53You'll see there's like a covered area on the east side
36:56where there's overhead doors.
36:59And they go in and they have carts inside.
37:00And they'll go in and they'll go up the elevator
37:03and they'll go around to where their storage unit is.
37:05Some of these units are only five by five.
37:08They just want to store files or whatever.
37:09So they go up and they get it and they wheel it back out to their car.
37:13So that's the bulk of the storage on the storage buildings.
37:16It's typical to most of the other self-storages.
37:19I know the one was just done over in Polish Town.
37:21Very similar.
37:23They go in and they go up and grab their stuff.
37:25Again, the cars you couldn't have in that model.
37:27The cars are strictly downstairs.
37:29And the elevator doesn't go downstairs because it doesn't need to
37:31because it's only for the vehicles.
37:33The other building is not an elevator.
37:35That, again, is a lower level that's accessible through the ramp
37:38and is, again, for storage.
37:42So we didn't need the elevators in there.
37:44But we do have an additional fire egress on that side that's required
37:48as well as the access to get through.
37:51So the elevator.
37:51The elevators won't be servicing the sellers at all?
37:53They'll just be servicing?
37:55Not on either building.
37:57The elevators will not service the base.
37:59Just for the first, second floors.
38:02Correct.
38:03Well, yeah, actually on the building two, the smaller building,
38:07there are no elevators.
38:07They only have a mezzanine, which is just like for a small office area.
38:11And per code, you don't require the elevator to those smaller areas.
38:16And in the storage building, again, that is strictly for the automobiles
38:21down below.
38:21Plus, the lower level is accessible through the use of the ramp.
38:26So with the elevator, then, is it going to be in a pit,
38:28like a hydraulic piston type of elevator?
38:30Or it's going to have a mechanical room on top with like a pulley?
38:33What we've been using now, we've been using ones
38:35with the mechanical room on top.
38:37They're actually much more efficient.
38:39We're reusing the piston elevators a lot.
38:41But the ones with the mechanical room on top is much better.
38:44Okay. Marty, what are the questions I have since we're here
38:47for the CEQA, any environmental problems?
38:50Yes.
38:50Okay.
38:51I'm going to ask you a question.
38:51Before you even start with the project, what I'm looking for,
38:56have you guys done any soil samples on the areas
38:59of where you're storing the cars and the whatever you're storing
39:03on east and west of the building?
39:06Only for any type of soil contamination from gas or oil?
39:11We did a phase two.
39:12When we bought the property, we did a phase two.
39:14It came back clean.
39:15Yeah, Miller Environmental did it.
39:18So can we request anything else?
39:20The results from the project?
39:20The results from those?
39:22So we can have them?
39:24Because you guys, you know, once you start tearing down,
39:26you're going to have to remove a lot of that soil.
39:29You know, where does that go if it is any type
39:32of contamination to it?
39:33No, there's no contamination.
39:34We had it all tested already.
39:36So you can have results, sure.
39:37Well, just to be clear, I think members of NICCI's concern is,
39:40you know, when you purchased the property,
39:42there were no vehicles or any kind of storage of equipment.
39:46I mean, since then, there's been vehicles
39:47that the board does not know what condition they're in.
39:50Oh, yeah.
39:50But they're not.
39:50There's no leaking vehicles, nothing like that.
39:53No, there's no, because we didn't bring contamination.
39:54No, I would never do that.
39:55No, no, but that's not my point.
39:57The point is those are not newer vehicles.
40:00They are on pervious surfaces on both sides of the building.
40:05What I'm saying is you can do very easy soil samples
40:08from where the vehicles are.
40:11Yeah, no problem.
40:11And if it's clear, it's fine and we can move forward.
40:15But, you know, I don't want somebody to ask that question later
40:18and stop the project while you guys are moving.
40:20Yeah, that's what I'm asking.
40:23I would imagine they could do a supplemental
40:26because they already did the phase, you know, they did the .
40:28Right, right, to do it in the areas where the vehicles are.
40:31But that's all.
40:32No, not a problem.
40:34The building two in the back, those are parking spaces?
40:41Correct.
40:42But you also said you're getting deliveries back there.
40:45Is that right?
40:48Correct.
40:48Mm-hmm.
40:50Okay.
40:51So there's room enough for trucks to turn around or whatever?
40:56Yeah, all of the back of the building,
41:01each of the tenant spaces has an overhead door.
41:03So you'd be able to actually pull right into the unit.
41:06Oh, okay.
41:07And that's...
41:08Each unit has an overhead door.
41:09And then your cross-axis easement is right there?
41:12Correct.
41:14And why do you need that?
41:15I just, we put it in there really for firefighting.
41:20So...
41:20When the people are there, they're not going to utilize that cross-axis.
41:23Right.
41:24It's, you know, the storage unit's pretty much secured.
41:27You want to make them separate.
41:27But it's really for the firemen.
41:29They come down, they turn that, the Knoxbox key,
41:32it'll open all of the gates, vehicular gates on site
41:36so they have full maneuverability in the event of a fire.
41:39Okay.
41:40Well, just for my own clarification,
41:42is the intent to merge all six parcels?
41:45So when we say cross-axis,
41:46we're typically talking about between properties.
41:48Is the plan, I'm assuming,
41:50to, as a function of the site plan,
41:52you'd merge the six properties?
41:55So it's not necessarily we'd have to file a cross-axis easement,
41:57it's just an access gate between the two sort of
42:01separate functioning sites, even though...
42:03So the plan is to merge the properties, correct?
42:06Yeah.
42:07Is the plan to make the six parcels one tax map?
42:12Yeah, well, that's what I'm saying.
42:14Well, because they are six different tax maps right now.
42:17Right, yeah.
42:17We want to make it, yeah, one line.
42:19Yeah.
42:20I just used the cross-axis.
42:22Yeah, no, I don't think so.
42:23It's the word we always use.
42:25So in other words, that has to be done
42:26before anything else can be done.
42:29Is that correct?
42:30Yeah, we've done that before.
42:31We've had applications where parcels need to be merged.
42:34Okay.
42:34We just require proof of merger prior to the signature of any...
42:38I believe if they all end up in the same name,
42:41it happens automatically through Suffolk County.
42:43If they're undersized for the zoning,
42:45there's a section of our code that talks about
42:48merged by operation of law.
42:49Okay.
42:50That deals for parcels that are undersized
42:53within the zoning district.
42:54So for example, if you had two lots in a one-acre zone
42:57that were each 20,000 square feet
42:59that had a common property line
43:02that were held in the same ownership name,
43:04those would get merged by operation if they were...
43:07But if they're not undersized for the zoning district,
43:10they would not necessarily be merged by a property law.
43:13One of the things that I always do, though, also,
43:15is I really wouldn't allow my client to merge those properties
43:19until he has the approval.
43:20Because realistically, going through this process,
43:23we're looking to get an approval.
43:25And if for some reason there was issues that were brought up
43:27that either made the project not feasible or whatever,
43:30then what's there...
43:33You don't want to give up the lot.
43:34...the code would stay, rightfully,
43:35and then the other lots,
43:36we could then develop all of them individually.
43:39So we'll keep that right until we have the approval.
43:42Yeah.
43:42And that's the reason I like to get soil samples,
43:45just in case those have a problem
43:47and then the middle doesn't.
43:50Anything else?
43:52Yep.
43:53Are you in the Sewer District?
43:56We are considering an extension of the Sewer District
44:00to the property.
44:01It is not in the Sewer District now.
44:03Well, part of the property is in the Sewer District.
44:05It's not served by sewer currently.
44:08It's across the street.
44:09We're looking at the extension of the sewer.
44:13There are two options.
44:15One is the extension of the sewer,
44:16and the other is on-site sewage.
44:19But the on-site sewage...
44:20...requires, and you'd be familiar with this more than likely,
44:25the project that was done up on Past Dairyland there.
44:31Yeah.
44:32They actually, the county,
44:33will give you a much lesser flow on that big storage building
44:37because nobody ever...
44:40I've rented storage space.
44:42I've never used the bathroom there once.
44:43But you still use...
44:45Exactly.
44:45You still have to do the AI.
44:47Yeah, exactly.
44:48And we have that into the...
44:50We have that question into the county right now
44:52to see what that flow requirement would be
44:54because that could change the dynamic
44:57of whether we extend the sewer or not.
45:00Where is the sewer there?
45:01Right across the street?
45:02It's just to the west.
45:05I did go over this with Michael Reichel
45:07prior to this application.
45:09There was an extension of the Sewer District
45:11to incorporate, I believe, a portion of the Blackman site.
45:14I don't recall exactly when it was done.
45:17But they do have a petition to further extend the district.
45:20I mean, I think that's going to be a question
45:22for the health department.
45:23Based on the proximity to the sewer,
45:24they may just require it.
45:26It is also in the DEC WSRR zone.
45:30You know, when I spoke with Michael Reichel,
45:31he was sort of indicating that, yeah,
45:33they're likely going to have to cancel.
45:37Okay.
45:38Not too many...
45:39So just to Member Zelnicki's point,
45:41I just want to see where the board's at.
45:42So before we have a resolution on to assume lead agency,
45:47issue a negative declaration,
45:48would the board like to see any...
45:50sort of additional soil sampling
45:52before we adopt a negative declaration?
45:54There's no leak.
45:54I mean, there's no leak.
45:55I mean, we could have just tried to save some more time.
45:58It's been a while.
45:59Well, we could do a concurrent.
46:00Can we do it that way?
46:01Yeah.
46:02Yeah?
46:02I have no problem doing it.
46:03If you guys are going to bring your samples in,
46:04we'll get this going so it's concurrent.
46:07No problem.
46:07You okay with that, Kenny?
46:09Right.
46:09I'd just like to table it
46:10until we get results on the soil sample.
46:13Well, we can pass it.
46:14We can pass it.
46:15Potential contaminant...
46:16And again, there may not be...
46:17Right, there may not be.
46:17There may not be any leaks from these vehicles.
46:19We don't know.
46:20We don't know that for sure.
46:20But, I mean, it is an environmental factor.
46:23It is something the board should consider.
46:24So, I mean, if the board's leaning towards requiring that,
46:27I would recommend that we can...
46:29I would table the resolution
46:30so that way we can...
46:32I mean, they're not old cars.
46:33They're in two, three years.
46:35But I'm just saying, to Marty's point,
46:37if there is a problem, right,
46:39because I've been in areas on the farm and everything else.
46:44We are directed by Board of Health on everything else.
46:47We have soil samples,
46:49locked things up,
46:50but everything else.
46:51And we're just asking the same thing here.
46:53There may not be a problem.
46:54And if there's no problem,
46:56everything moves forward, you know,
46:58without any problem.
46:59But if there is a problem...
47:01But you say you have a Phase 1?
47:04Phase 2.
47:05[transcription gap]
47:06That property's been checked up,
47:08right, and down.
47:09What?
47:09By Millern at that?
47:11Before I bought it,
47:12I would have never bought it.
47:13You know, like I said...
47:14It came back clear.
47:15So, just those couple cars,
47:16there's no way that there's any type of...
47:18I'm not sure delaying it,
47:20because it might be a problem as well.
47:22If there is a spill of contamination,
47:25you're going to pay a remediation company...
47:27100%.
47:27We're not going to stop the project.
47:28I don't know if it's...
47:29I'd imagine not delaying it.
47:32You know, like I had indicated when I started,
47:34I was sitting here and I looked back at my notes
47:36and I was like,
47:37wow, like tomorrow's a year since we were here.
47:39And the zoning board,
47:41they went through it
47:42and we had a really good back and forth with them.
47:45And, you know,
47:46they're holding it in abeyance for this review
47:48and other things.
47:49And so, again,
47:50a point very well noted,
47:54but it's something that certainly will be a requirement,
47:57you know, going through.
47:58And if there is an issue,
47:58we're happy to pay to clean it up.
48:00Like, we're not going to stop the project.
48:01Well, that's the whole thing.
48:03Yeah, no, 100%.
48:04So, we would ask that it be allowed to proceed,
48:07but that could be a note that's added to the...
48:09You know, that has a condition.
48:12Because then it lets us keep...
48:12So, with the...
48:13Just amend the resolution.
48:15Greg, can we amend the resolution,
48:17you know, to findings of...
48:19I mean, so that's sort of verging
48:24on a condition negative declaration,
48:26which is not allowed under SECRA for a Type 1 action.
48:30I mean, you can't really put a condition like that
48:33in for a Type 1.
48:35Well, why don't we look at the Phase 2 report?
48:39They haven't submitted it, have they?
48:41No, they haven't.
48:42But, I mean, again,
48:43the question is not what happened prior
48:45to the owner purchasing the property.
48:47The question is,
48:48what's happened on that property since then?
48:50I mean, again, I've...
48:51There's been no mechanic work.
48:52There's been no oil changes.
48:54There's been no...
48:55Like, nothing like that at all.
48:56The other point is that this is just...
48:59This is just one of the early hurdles.
49:02You still have to approve this.
49:04Right.
49:04You know, so all of these things have to be
49:07confirmed and mediated
49:10in order for you to give an approval.
49:12So, I would really encourage the board
49:15to allow the resolution to go as is.
49:17Keep it moving.
49:18And, again, we're going to...
49:20We require your preliminary site plan approval.
49:22We're going to require your final site plan approval.
49:24And you're not going to give us that
49:26unless we have those testing samples in there, right?
49:28All right.
49:28We'll get on it right away.
49:29We'll move on.
49:30If anybody wants to make a motion to table it,
49:33they can make the motion.
49:34We'll see if it carries.
49:35If not, we'll go with the resolution
49:36presented in the packet.
49:38But, are we all good with discussion on this?
49:41Yep.
49:41You guys good?
49:42Yeah.
49:43Kenny?
49:43Yep.
49:44Thank you.
49:44All right.
49:47All right.
49:48Any other comments on any resolution?
49:50I don't see any takers.
49:52At this time, we're going to go into executive session
49:55with our legal counsel to discuss summer wind farms.
50:00So, gentlemen, you have to step out for a brief period
50:03and we'll get you and resume.
50:05Can I get a motion to go into executive, please?
50:07So, move.
50:07Make a motion.
50:08Move to second.
50:09All in favor?
50:10Aye.
50:10All right.
50:11All opposed?
50:12Okay.
50:13We're going into executive.
50:18Any other comments?
50:48Second.
50:52Move to second.
50:52All in favor?
50:53Aye.
50:53Aye.
50:54All opposed?
50:55Okay.
50:56Welcome back to open session.
50:58We just had legal advice on summer wind farms
51:00from our attorney.
51:02And now we're going to go to resolutions.
51:04I'll move resolution 2025-022 for 1107 Old Country Road.
51:09Carrying preliminary approval for the site plan application.
51:13So, moved.
51:14Second.
51:14Moved and seconded.
51:15Mr. Zelnicki?
51:16Yes.
51:16Mr. Hogan?
51:16Yes.
51:17Mr. DeNero?
51:18Aye.
51:18Aye.
51:18Mr. Baer?
51:19Yes.
51:20And I vote yes.
51:21The motion carries.
51:22I'll move resolution 2025-023,
51:26classifying action pursuant to SACRA
51:28and grants farm stand approval for Freeboard 23 LLC.
51:33Second.
51:33Second.
51:34Moved and seconded.
51:35Mr. Zelnicki?
51:36Yes.
51:36Mr. Hogan?
51:37Yes.
51:37Mr. DeNero?
51:38Aye.
51:38Mr. Baer?
51:39Yes.
51:39And I vote yes.
51:40The motion carries.
51:42I'll move resolution 2025-024,
51:45Points East, LLC, Minor Subdivision.
51:47Resolution to schedule a public hearing in the minor subdivision application
51:52seeking to subdivide the existing 2.05 acre parcel.
51:58So, moved.
51:59Second.
51:59Moved and seconded.
52:00Mr. Zelnicki?
52:01Yes.
52:01Mr. Hogan?
52:02Yes.
52:02Mr. DeNero?
52:03Aye.
52:03Mr. Baer?
52:04Yes.
52:05And I vote aye.
52:06The motion carries.
52:08Resolution number 2025-025,
52:11Leesam Associates, LLC, Minor Subdivision,
52:14resulting, assuming lead agency,
52:16and issue negligent declaration pursuant to secret.
52:22Second.
52:23Moved and seconded.
52:24Discussion item.
52:25Greg, I know you explained it to me before,
52:27but I forgot the reasoning that the subdivision and the zoning map are a little different.
52:33The zoning...
52:34So, the subdivision is essentially being carried out along the zoning district boundary line
52:40between rural corridor and the agricultural protection zone,
52:45except the proposed...
52:46The subdivision boundary line is 30 feet north of that zoning district line
52:50because there is a provision in the code
52:52which essentially allows you to use the...
52:56extend the less restrictive zone into the more restrictive zone.
53:01Okay.
53:01So, just from a...
53:02If I was a property owner from a land use point of view,
53:05it would make sense to sort of maximize the less restrictive portion of the property.
53:11Okay.
53:11Thank you for clarification.
53:12We have...
53:14It's been moved and seconded.
53:15Mr. Zelnicki?
53:16Yes.
53:17Mr. Hogan?
53:18Yes.
53:18Mr. DeNiro?
53:19Aye.
53:19Mr. Baer?
53:20Yes.
53:20An aye vote aye.
53:22The motion carries.
53:24On this resolution, Mr. Chairman,
53:27I'd like to table this resolution for 940...
53:32946 West Main Street redevelopment.
53:36If anybody else agrees.
53:40I'll second the motion.
53:41I can do that, Mr. Chairman.
53:42Moved and seconded by...
54:12occasion because there might be a problem.
54:15But we will get the answer. We will
54:16find out, Kenny, and I understand
54:19your reasoning for it.
54:20I have no problem with that.
54:21Okay.
54:23I'll move Resolution 202526.
54:27Assume lead agency status
54:29and issue a negative declaration
54:30pursuant to CEQA
54:33940 and
54:36946 West Main.
54:38Second.
54:39Move to second, Mr. Zernicki?
54:41Yes.
54:42Mr. Hogan?
54:42Yes.
54:43Mr. Nadero?
54:43Aye.
54:44Mr. Baer?
54:45Yes.
54:45I vote yes. The motion carries.
54:47I'll move Resolution 2025027,
54:51Summerwind Farm Major Subdivision.
54:53Resolution rejecting sketch plan
54:55submitted in connection with the
54:57major subdivision application.
55:00So moved.
55:01Second.
55:02Moved and seconded discussion.
55:05I have a message here from the
55:07planning board as a whole.
55:09We were disappointed to learn
55:11that the applicant's
55:12representation
55:12was not
55:13the representative
55:14submitted documents
55:15to the planning board
55:16perpetrating to have been
55:17prepared by a licensed
55:18design professional
55:19when in fact they were not.
55:20We were asked by the design
55:21professional to remove the
55:22documents from the record
55:23so accordingly we have prepared
55:24a resolution to effect that
55:25in today's meeting.
55:26It's not clear whether and how
55:27the matter will progress
55:28after today and other information
55:29contained in the resolution
55:30the planning board will have
55:31no additional comments
55:32and refer all matters to
55:33the town attorney's office.
55:34I move.
55:35Second.
55:36Move to second.
55:37Second.
55:38Moved by Mr. Zernicki.
55:39Second.
55:40Moved by Mr. Baer?
55:41Aye.
55:42With that said,
55:43it's been moved and
55:44seconded.
55:45Mr. Zernicki.
55:46Yes.
55:47Mr. Hogan.
55:48Yes.
55:49Mr. Denaro.
55:50Aye.
55:51Mr. Baer.
55:52Yes.
55:53And I vote yes.
55:54The motion carries.
55:55Public comments on any
55:56matter.
55:57Okay.
55:58Greg, no secret actions
55:59tonight.
56:00Oh, sir.
56:01Minutes of the meeting.
56:02February 20.
56:03I'm sorry.
56:04We have February 20.
56:05Yeah.
56:06Okay.
56:07I move the minutes of
56:08February 20 and
56:10Okay.
56:11And I vote no.
56:12Okay.
56:13All in favor.
56:14Aye.
56:15All opposed.
56:16Okay.
56:17That carries.
56:18Other business.
56:19I don't know.
56:20Justin, can you zoom in
56:21on the center camera.
56:22Okay.
56:23This is other business.
56:24Can you move that a
56:25little bit.
56:26The question is,
56:27is the grass always
56:28greener on the other
56:29side of the fence.
56:30And it might be.
56:31If it's a
56:32grass-free grass.
56:33Okay.
56:34So, I'm going to
56:35ask you.
56:36I'm going to ask
56:37you.
56:38I'm going to ask
56:39you.
56:40I'll just head over
56:41to you.
56:42I'll head over
56:43to you.
56:44I'll head over to
56:45you.
56:46I'll head over
56:47to you.
56:48I'll head over
56:49to you.
56:50I'll head over
56:51to you.
56:53you.
56:55I'll head over to
56:56you.
56:57I'll head over to
56:58you.
57:00I'll head over
57:01to you.
57:03I'll head over
57:04to you.
57:05I'll head over to
57:06you.
57:07I'll head over to
57:08you.
57:09I know Heather's opposed, so we'll discuss it further.
57:12But I brought those samples in and some literature for staff.
57:16That was it.
57:18We have two letters of correspondence on LISM, minor subdivision.
57:22Our next meeting date will be Thursday, April 3, 2025, at 6 p.m.
57:28Anybody else?
57:29Any issues?
57:31Everybody's good?
57:32Yeah.
57:32Okay, well done, everybody.
57:33Can we get a motion to close?
57:35Motion to close.
57:36So moved.
57:37Second.
57:38Moved and seconded.
57:39All in favor?
57:40Aye.
57:40Aye.
57:40All opposed?
57:42Motion carries.
57:43Thank you, everybody.

Full Transcript

Thank you. [transcription gap] parking stalls and I scaled this out I mean even though they're not delineated there's more than enough parking here for I think 40 cars so I mean if you if you would be able to add handicapped stole I guess proximate to where the farm stand would be a problem I can give you the information on that yeah that'd be great thank you yeah it really do T has to be the one to decide on whether you have it in and out or right oh yeah so I mean it's it's something that I just picked up on you know I'm familiar with the area and even if we were to require or do T requires a write-in only we sort of know that people don't always adhere to sign restrictions so I just wanted to bring it up so that everybody is aware and if do T wants them to do that or make modifications plan it's really it's up to them so that's why the resolution is subject to both Suffolk County farmland and also do T the town engineer wanted some specifications on the gravel and you you have already worked on providing that so I don't expect any other hiccups it's really you know it's seasonal it's not going to be a huge farm stand again it's a movable truck so you're gonna keep are you gonna keep the trailer in the back yeah yeah I use that for straw storage is that is that stone on pallets is that your property or next door that's next to next door okay yeah we're right to the west of that okay when they're in senior talking so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so so Suffolk County for and probably subsequently come back to us as well but this is really sort of I'd say accessory to your main farm stand that's on Middle Country Road and that's where the bulk of the sort of like ag tours and stuff happened. The reason for my question was it going to be an extension of what was on the 25th. Right well actually I'll give you a quick back story. My daughter is 16 so she's really taking a liking to the farm and for us we don't want to push her away so we're giving her the option she's actually going to run this stand this summer and then she can carry on. Give her something that she can correct. That's the main drive behind this. Got it. Well I think you answered my question. As far as snow fences go up don't they usually have snow fences in these areas would that interrupt? The state puts it up but they come in the gate they put it up and then they take it down. Okay yeah there's no issues there. Yeah so they're just. They're just proposing they're going to move there's an existing deer fence that they're going to move back and then they'll throw up a split rail fence I guess you know sort of as a just a delineate. Yeah and then when the state comes in they put the snow fencing up just like I think the town roads the highway department does the snow fence. Right. I've seen all your other I live not far away and everything you guys touch it looks beautiful. Thank you. Thank you. We've been blessed. Work hard but you get blessed you know. So if the board's amenable you know the resolution is subject to both DOT and Suffolk County farmland but. Quick question Dave were you guys going to do strawberry picking or pumpkin picking? That's not an option right now not not as of now I'm not going to say that's not going to change in the future at some point but right now we have a lot of irons in the forest so we're just trying to. Yeah and he's got strawberry picking next door. Anything else gentlemen? No. Okay we'll have a vote later good luck. Thank you guys. Thank you. You have to run into Suffolk County now? Five o'clock. You have to go there. We're going to go out to dinner Dave. Thank you guys. Thank you. Okay discussion item number two with Greg Bergman points east LLC minus subdivision. What do you got going on Greg? Give me one sec. So I did inform the applicant of this meeting he was supposed to attend. I mean I can present it quickly you know I do have my report. If there's any outstanding questions from the board we can wait to have them. Okay. We can wait to have them answered until the applicant is present. Greg I just noticed it. Let's talk about that later. Oh okay. I just noticed it. Can we just zoom out a little bit on the. Okay. I think we have a motion. Okay. I think we have a motion. Okay. I think we have a motion. Okay. I think we have a motion. Okay. I think we have a motion. Okay. I think we have a motion. Okay. I think we have a motion. Okay. I think we have a motion. I think we have a motion. Okay. I think we have a motion. Okay. I think we have a motion. Okay. We have received a minor subdivision application seeking approval to subdivide an existing 2.05 acre parcel of land and create a four lot minor subdivision utilizing town of Riverhead transfer of development rights to achieve the desired development yield. We have received an existing condition survey and as of right yield map and a TDR yield map, which is currently on the table right now that the board is looking at. In terms of SICRA, the proposed minor subdivision is a type 2 action under our town code as the proposed subdivision meets all the dimensional requirements and would be precluded from further subdivision based on our dimensional requirements. I do note that although it's a type 2 action and requires no further environmental review, the subject property is located within a potentially archaeologically sensitive area. So I did refer that application to SHPO. We received comments back from them, which I'll get to shortly. In terms of the site location, zoning and surrounding area, Suffolk County tax map is Suffolk County 600-84-1-6. Again, it's 2.05 acres. It's located on the south side of Middle Road within the residence A40 zoning use district. It's approximately 1,300 feet east of the intersection of Middle Road and Ostrander Avenue. The property is presently approved with a two-story single family residence, which there are no records currently maintained. The property is maintained by the Riverhead Building Department on that house. It likely predates the establishment of zoning in the town, meaning it was built prior to 1965. I do recommend that the property owner make an application to the building department for a letter of pre-existing use just to memorialize that fact. That house is going to stay then? I believe that house is intended to stay. I don't want to speak on behalf of the applicant. But again, we'll get him before the board to clarify any questions you may have. So access to the site. The site is currently taken by a dirt and stone driveway, which is located to the west of the existing residence, which is shown in Figure 3 on page 3 of my staff report. The surrounding area is surrounded by residential and agricultural uses. There's a number of retirement communities on the north side of Middle Road, as well as assorted single family residences. Regarding the use of transfer of development rights to increase the development yield of the property, it's permitted to essentially double the as-of-right development density within the RA40. The area is a RA40 zoning district pursuant to Town Code 301-208B. The residence, A40, has a minimum lot size of 40,000 square feet. With the use of TDRs, you can increase the density down to, no instance shall lot yield exceed one lot per 20,000 square feet. So again, you can essentially double the density. I did note, and it's sort of a little bit of an anomaly, there's no specified dimensional regulations within our code. An applicant is proposing to utilize TDRs to do an increased density subdivision. But I did clip out the dimensional regulations for our residential zoning districts. The code does contain what's called a workforce housing option, which gets you down to a 20,000 square foot lot size, and that contains its own specific dimensional regulations. For the purpose of this application, I'm recommending that the board apply those dimensional regulations to the subdivision. That's something we're going to work on separately, with the town board, just to sort of codify those different dimensional regulations. So how many TDRs are they purchasing? It would require two. Two, okay. Two TDRs. And they have begun discussions. There's an applicant who has TDR credits. They're going to negotiate with that applicant for the use of those TDRs. The signature and the filing of the map, they'll have to make a separate application for the use of those TDRs. So that will have to take place before, the signature and the filing of the map. The board has seen that recently. We've done TDRs in the Villas at Roanoke subdivision, which is now known as Seacrest Estates. And we also did a TDR map up on Pier Road, up on the west, Pier Avenue on the west side of the road within the last year or so.

In terms of development yield, the lots on the TDR yield map, lot one is 20,118 square feet. Lot two is 20,650 square feet. Lot four is 20,650 square feet. Lot five is 20,650 square feet. Lot six is 20,650 square feet. Lot seven is 21,611 square feet. Lot three is 22,486 square feet. And lot four is 26,270 square feet. So the property is located within the Riverhead Water District. And there is currently an easement, which encumbers a 15-foot-wide stretch of land on the west side of the property, which is to the benefit of the town of Riverhead for the purposes of laying, maintaining, operating, repairing, and removing water lines, trunks, trunk mains, hydrants, and necessary water district appurtenances under and through the property. That easement was established as a result of an eminent domain proceeding initiated by the town in 1990. The easement does reserve to the owner of the property the rights to pave at the owner's cost and expense the surface of that easement area for ingress and egress purposes. However, it requires that any pavement shall be done with bituminous or like material and not with concrete. So basically asphalt or some type of stone. Stone blend material. In the event that the town is required to disturb those paved areas, the town would be then required to repave those areas. Is that an active water main? I believe it's a transmission line. The plans were referred to... I mean there's water in it. Yes. That's right. Yes. So I did speak to the Riverhead Water District. They did receive a copy of the plans. They are working with the applicant. They're trying to determine the feasibility of the applicant being able to tap off individual service mains to the houses off of that transmission line as well as the feasibility. I'll get to it a little bit later, but they will be required to put a fire hydrant along that common driveway just based on fire code requirements and the distance to the nearest hydrant. So the Riverhead Water District is currently investigating the feasibility of all those requirements. The water main, does it extend down to Middle Road? Yes. And we did speak earlier. I can't speak to why the map sort of shows the water line terminating about right there, but our GIS records do indicate, yes, that there is a 16-inch transmission line coming from the tank on Route 58 that connects all the way to Middle Road. Yeah. Okay. That makes sense. Yeah. So again, just touching on the potentially archeologically sensitive area, I did refer the application to SHPO through their cultural resource information system. Okay. Thank you. I received correspondence back from SHPO on March 7th indicating that no archeological and or historic resources would be impacted by the project. I got comments back from the Riverhead Highway Department. They're going to look for a standard road opening permit. We got comments back from the fire marshal. They deal with turnaround. So when driveway is in excess of 500 feet in length, they'll need a required turnaround. That'll be fire code. Driveways in excess of 500 feet in length, they'll need a fire code. Okay. So the fire hydrant must be provided within 600 feet in length and less than 20 feet in width, need to provide turnouts along the length of that driveway. And again, the fire hydrant must be provided within 600 feet as measured along that apparatus access road. So I did note this is just a subdivision plat for the purposes of review. I did note that the map would need to be amended to include a common driveway easement, which would need meets and bounds descriptions, and we're going to need an engineered grading drainage plan for that common driveway. The grade of the property typically does slope down towards middle road, so we want to make sure that any surfaces, they capture their runoff and they're adequately maintained and they're not putting . It could impact, since you have to have a turnaround, it could impact lot number four. So it wouldn't necessarily affect the lot size. That common driveway would just be an easement, so the area of the driveway and the turnaround wouldn't subtract from the lot size. It would just be encumbered by an access easement. But it wouldn't shrink the size of the property because again, we're not- Well, you have, if they had to give it up, that has property and they can give up if they have to give it up and still meet 20,000. Correct. But for a minor subdivision, they're not constructing a town roadway, so this would be a common driveway. There would be a note on the plans that it would not be for dedication to the town, so they would never be dedicating anything. It would just be part of their property that would be encumbered by the- Yeah. Common driveway easement. I did refer the application to the Suffolk County Planning Commission. We're waiting on a response for the Planning Commission. I did also refer the map to the Suffolk County Department of Health Services. So I do have a resolution on for the board to consider to schedule a public hearing for this application, which would be the second meeting in April. Again, I do apologize for the applicant not being here. He was aware, but if there's any questions that the board has, I can just- Yeah. I can just jot them down and relay them to the applicant to make sure that the board is comfortable and satisfied with moving forward to the public hearing. I'd like to see the map amended, certainly to show the turnaround and extend the water main and some drainage. Also, there's nothing there on elevations. I don't think the elevations are bad, but I don't know whether it's back to front, left to right. Hopefully, we could have that before the public hearing. Okay. Thank you. All right. If not, if they can't, then I would say we're going to have to hold the public hearing open. All right. So just to clarify, you want to amend the map to show the driveway, turnarounds, drainage, elevations, and the continuation of the water main and middle road. Yeah. Thank you. The same concerns I had, too, Greg. Now, they don't need to do any curbing at all on a-because it's minor. No. So again, it would be a common driveway. It's not something that was designed. It's not designed to town standards. Obviously, they need to maintain the point of stormwater. Right. But it's not something that would be designed to the town of Riverhead Road and drainage standards. Will they pave this? I'm assuming they would pave it. According to the town requirements. So again, there's no real town requirements for the common driveway. It's really relying on the State Fire Code. In terms of minimum width. Minimum. It needs to be able to hold 82,000 pounds. the weight of local fire apparatus and it needs to be in all weather conditions so it would likely need to be paid by some surface but that's why i requested in the report we need to see you know paving special paving specifications a lot of the town engineers look at that and confirm that it does meet those requirements any any lighting uh that has to be required i there's no street lighting there's no you know there's no municipal lighting that would be installed any lighting would be on the single family residence do we have to approve a yield map for this um that is that is a step we've done so we will we'll we have a yield map we'll do a yield approval and then a tdr approval okay we're good all good yeah all righty thank you greg uh let's go to discussion item number three 940 through 940. 6 west main street redevelopment

with you again greg

hey board how we doing doing good how are you and he gets more handsome every day flattery will get you everywhere if you guys joke around town as we look like each other uh just state your names to the record please frank fisher raise your cup and martin sandlesky i did it for you buddy thank you all right this morning

all right so this is just a follow-up discussion on the site plan for the redevelopment of the old blackman site uh 940 to 946 west main street uh this is for a site plan application that's going to demolish the existing structures construct a new three-story approximately 153 000 square foot self-storage building as well as a one-story approximately 47 000 square foot non-nuisance tenant rental building along with related improvements including parking paving drainage access and landscaping project site is six continuous parcels of the land low totaling approximately 5.92 acres identified as suffolk county tax map numbers 600-124-3-1 and 2 3 4 and 5 as well as tax map number 600-125-2-5.2 and they're all located within the platonic river community zoning district uh we did initiate a secret coordination on november 12th of 2024 it is a type 1 action we distributed secret coordination materials to all the involved agencies we received responses from the suffolk county planning commission as well as the new york state department of transportation and the fire marshal's office so what i have is a resolution to assume lead agency and issue a negative declaration i did fill out the eaf parts two and three again which is just a determination you know a evaluation of the magnitude of significance of the proposed development as well as the determination of significance uh finishing secret will allow the applicant they do have a pending zoning board of appeals application and i believe marty is probably going to speak a little bit about how the plan has been modified as a result of that what's wrong different wait first where is the blackman building on this? It's not shown on here. No, I know that. Where is it? Right about, it's just about in line with where the driveway is located. Oh, okay. It's pretty much in the middle there. The building from the left side is where the open area is, the paved area, and then there's the copy place, and then the black one, and as you get further east, it's the smaller part. So, basically, I actually got one of those getting old moments because I was writing my notes, and actually, last time we were here was March 21st of 24, so tomorrow's going to be a year since we were before you. Happy International Week. Since that time, there have been a number of changes that will certainly affect this board that you're aware of. One is you can no longer consider pervious pavers as pervious surface, now considered impervious. We have, at that meeting, gotten an initial approval from the board to proceed with that, so that was changed, and also the definition of floor area, you're no longer able to eliminate certain areas when you do your parking calculations. So, that's happened during the interim period. We went to the zoning board for a couple of for three variances. One was the impervious surface, FAR, and landscaped area. It was a very, actually, a very good review because one of the things that we did was we did a lot of work on the zoning board. One of the things that's different in this zone from other zones, with impervious surface, which is very important here, is that this zone actually has, under the site development, it has compliance with the dimensional table, which all of them do, but there's an additional note in this section of the code that says you need 50% landscaped area. And, as it turns out in our discussions with the zoning board, zoning board attorney, etc., it was really brought to our attention that, you know, that was really a legislative intent of the whole corridor coming from the west into Riverhead. So, with that, we had to really go to work and we did a big revision of the site plan based on that. The first plan that you have on the first page, this one here, is basically the plan we looked at the last time. It has, you know, they have the two driveways, the storage building, the building here. You notice that each building has a driveway wrapping all the way around. It on the original plan. And the red line is a reference line. And you'll see why that's there when we go to the next plan. So, this was the plan we had looked at originally. When you go to the next plan, the reference line is still there. There's that red reference line. But all of the green is now area that's no longer paved. That is, we reduced the project substantially in terms of all of its impervious surface. And the orange was certain areas that we were adjusting the plan where pervious surfaces were added. But what happened is now, based on the review with the zoning board and with Greg, we eliminated totally that need for the variance for the 50% landscaping area. And it's really important because we really brought the project to compliance with the intent of that corridor. It was really a very good couple of minutes. We had a lot of meetings. We got a lot of assistance from planning. And it worked out really well. And then the last copy here is just the same plan that has the color on it, but it's a little bit clearer. And I just want to note the changes. On this plan, you still have two driveways, okay, that enter into the site. On the storage building, that basically stayed the same. It didn't change really much at all. The storage building loops around, all the way around. We did flip the driveway and the parking in the front of the building. But generally, that stayed the same. The building number two to the west, you come in and as you come in, you're going to come in and there will be like a directory sign there because they have a shared cross access between the two properties. So you'll come in. That will be a nice landscaped area with a directory. You go left. There's parking for the public that's going to come in to the front of the building. And then a loop around the back with parking along the back and access to the overhead doors of the building. And then the doors in the back were bringing material in. And then we added a cross access back here that would be controlled with a gate that would be tied into the Knox box that the storage facility already had. The fire marshal wanted a Knox box, so they turned the key. All of these gates open, so they have full access around the site. They basically have a figure eight around both buildings. So those were the major changes there. The first change was on the building to the left. We no longer have the drive all the way around. We eliminated some footage. We now have the ramp down to the basement on the other side. And we also defined better what the use is. The use in the code was non-nuisance industry. Really the way that this is set up is to have a shop in the front, not a shop, but a location in the front with this merchandise. So let's say whatever the product is that people are involved with. An example would be, let's say, prefab fireplaces. And they'd have a little showroom. The upper area, the mezzanine, they'd have their office area where they would do administrative. And the back area would all be the warehousing of all the stuff. So with that, we eliminated any of the areas that we were looking to take out of the parking schedule. We were parking for the entire building. But before, we were using the 1 to 300 for that area. And then we were using the 1 to 300 for the other areas. We didn't have a full head room. [transcription gap] still require a relief from the zoning board of appeals we no longer require the landscaping area we do require the impervious that's really a direct result of that the change in the code though after we submitted if we if it was still allowed those pavers to be considered pervious we wouldn't have required that variance and so it changed but we did go from originally when we were here the overall development of the site this is where uh greg really explained well how they went through the change on the code because it really is you know courteous impervious like greg said it's really it's development whether it's you're parking on pavers you're parking on asphalt it still appears as development so that's really where the code change came from we really would i i told my client that i we really had to go to work because we couldn't exceed that 50 because that again is a legislative intent for the aesthetics of of uh you know west main street as you're approaching riverhead um so we completely eliminated that now we're just at 50 on the impervious originally the impervious is allowed at 40 we were going seeking 60 we've reduced the request for the variance in half to uh it's now 50 which is only a uh which is only a 25 percent increase and uh the far uh is the same as it was before but all of the additional floor area uh that increases the far is totally below grade what's from the grade level up is actually less than what the allowable far would be above grade we have most of that down below and the zoning board we had a couple of meetings and they reviewed it we had a very good review and they said they just wanted to reserve a decision until this board as the lead agency had it time how many feet to groundwater do you have there uh the groundwater was ice uh 17 oh yes it's high it's it's it's excuse me yeah you have a test hole on here and we are above the groundwater with the with the my my question is you got 11 foot ceilings down there you got ways to get down there what are you going to do with 56 000 plus feet in the basement which no one can see what's what's that that's warehousing that's warehouse yeah four uh well actually in building one which is the uh the storage building the this you know the strictly storage building yeah that building is that building is um there's a total of i'm looking at building two building two is a total of twenty six thousand two hundred fifty feet uh yes plus the uh and you've got and that's the best uh you got almost twenty thousand square feet of cello yeah that's correct so the the building two again they have uh that's for additional product and warehousing in the lower level. And building one, which is a storage, strictly a storage building, it's a self-storage building, there was a need established by my client for one of the things that you really don't have access to with the self-storage buildings, and that is there's a lot of people that have cars that they store. And actually there are a lot of clients, especially on the East End, who store cars seasonally because they, you know, we're talking, we're not talking about the family car, we're talking about $400,000, $500,000 vehicles that they use when they're out here in the summer. So there's a real need for vehicle storage out on the East End. Is that what that ramp is for? That lower level accommodates that. That's really, you can't put that into a storage building the way that they're built. They're more, you know, storage for household stuff, which the upper levels remain. And then the other building, having that being more clients or tenants, I should say, with, you know, showrooms and administrative and product, it's just for them to have the ability to have bulk product. What's the grade on that ramp going down? I know like some of these exotic cars have low front ends and everything. Yeah, well, what happens is there's actually, I would refer back to 48 Kroen. And this has the same exact geometry. What happens is with the approach ramps, you have to start with, I don't have the percentages in my head, but you have to come in and start at a lower slope and then go to a heavier slope, then to a lower slope, then to level. So it's not just a ramp. Yeah, I understand. It takes into account clearances and bumpers and all of that as you're going. So thank you. A quick question. On the other prints, you had an elevator in one of the buildings. Is that correct? Well, a storage building will have multiple elevators because the storage, the self-storage building, the way that they work, is people pull in. You'll see there's like a covered area on the east side where there's overhead doors. And they go in and they have carts inside. And they'll go in and they'll go up the elevator and they'll go around to where their storage unit is. Some of these units are only five by five. They just want to store files or whatever. So they go up and they get it and they wheel it back out to their car. So that's the bulk of the storage on the storage buildings. It's typical to most of the other self-storages. I know the one was just done over in Polish Town. Very similar. They go in and they go up and grab their stuff. Again, the cars you couldn't have in that model. The cars are strictly downstairs. And the elevator doesn't go downstairs because it doesn't need to because it's only for the vehicles. The other building is not an elevator. That, again, is a lower level that's accessible through the ramp and is, again, for storage. So we didn't need the elevators in there. But we do have an additional fire egress on that side that's required as well as the access to get through. So the elevator. The elevators won't be servicing the sellers at all? They'll just be servicing? Not on either building. The elevators will not service the base. Just for the first, second floors. Correct. Well, yeah, actually on the building two, the smaller building, there are no elevators. They only have a mezzanine, which is just like for a small office area. And per code, you don't require the elevator to those smaller areas. And in the storage building, again, that is strictly for the automobiles down below. Plus, the lower level is accessible through the use of the ramp. So with the elevator, then, is it going to be in a pit, like a hydraulic piston type of elevator? Or it's going to have a mechanical room on top with like a pulley? What we've been using now, we've been using ones with the mechanical room on top. They're actually much more efficient. We're reusing the piston elevators a lot. But the ones with the mechanical room on top is much better. Okay. Marty, what are the questions I have since we're here for the CEQA, any environmental problems? Yes. Okay. I'm going to ask you a question. Before you even start with the project, what I'm looking for, have you guys done any soil samples on the areas of where you're storing the cars and the whatever you're storing on east and west of the building? Only for any type of soil contamination from gas or oil? We did a phase two. When we bought the property, we did a phase two. It came back clean. Yeah, Miller Environmental did it. So can we request anything else? The results from the project? The results from those? So we can have them? Because you guys, you know, once you start tearing down, you're going to have to remove a lot of that soil. You know, where does that go if it is any type of contamination to it? No, there's no contamination. We had it all tested already. So you can have results, sure. Well, just to be clear, I think members of NICCI's concern is, you know, when you purchased the property, there were no vehicles or any kind of storage of equipment. I mean, since then, there's been vehicles that the board does not know what condition they're in. Oh, yeah. But they're not. There's no leaking vehicles, nothing like that. No, there's no, because we didn't bring contamination. No, I would never do that. No, no, but that's not my point. The point is those are not newer vehicles. They are on pervious surfaces on both sides of the building. What I'm saying is you can do very easy soil samples from where the vehicles are. Yeah, no problem. And if it's clear, it's fine and we can move forward. But, you know, I don't want somebody to ask that question later and stop the project while you guys are moving. Yeah, that's what I'm asking. I would imagine they could do a supplemental because they already did the phase, you know, they did the . Right, right, to do it in the areas where the vehicles are. But that's all. No, not a problem. The building two in the back, those are parking spaces? Correct. But you also said you're getting deliveries back there. Is that right? Correct. Mm-hmm. Okay. So there's room enough for trucks to turn around or whatever? Yeah, all of the back of the building, each of the tenant spaces has an overhead door. So you'd be able to actually pull right into the unit. Oh, okay. And that's... Each unit has an overhead door. And then your cross-axis easement is right there? Correct. And why do you need that? I just, we put it in there really for firefighting. So... When the people are there, they're not going to utilize that cross-axis. Right. It's, you know, the storage unit's pretty much secured. You want to make them separate. But it's really for the firemen. They come down, they turn that, the Knoxbox key, it'll open all of the gates, vehicular gates on site so they have full maneuverability in the event of a fire. Okay. Well, just for my own clarification, is the intent to merge all six parcels? So when we say cross-axis, we're typically talking about between properties. Is the plan, I'm assuming, to, as a function of the site plan, you'd merge the six properties? So it's not necessarily we'd have to file a cross-axis easement, it's just an access gate between the two sort of separate functioning sites, even though... So the plan is to merge the properties, correct? Yeah. Is the plan to make the six parcels one tax map? Yeah, well, that's what I'm saying. Well, because they are six different tax maps right now. Right, yeah. We want to make it, yeah, one line. Yeah. I just used the cross-axis. Yeah, no, I don't think so. It's the word we always use. So in other words, that has to be done before anything else can be done. Is that correct? Yeah, we've done that before. We've had applications where parcels need to be merged. Okay. We just require proof of merger prior to the signature of any... I believe if they all end up in the same name, it happens automatically through Suffolk County. If they're undersized for the zoning, there's a section of our code that talks about merged by operation of law. Okay. That deals for parcels that are undersized within the zoning district. So for example, if you had two lots in a one-acre zone that were each 20,000 square feet that had a common property line that were held in the same ownership name, those would get merged by operation if they were... But if they're not undersized for the zoning district, they would not necessarily be merged by a property law. One of the things that I always do, though, also, is I really wouldn't allow my client to merge those properties until he has the approval. Because realistically, going through this process, we're looking to get an approval. And if for some reason there was issues that were brought up that either made the project not feasible or whatever, then what's there... You don't want to give up the lot. ...the code would stay, rightfully, and then the other lots, we could then develop all of them individually. So we'll keep that right until we have the approval. Yeah. And that's the reason I like to get soil samples, just in case those have a problem and then the middle doesn't. Anything else? Yep. Are you in the Sewer District? We are considering an extension of the Sewer District to the property. It is not in the Sewer District now. Well, part of the property is in the Sewer District. It's not served by sewer currently. It's across the street. We're looking at the extension of the sewer. There are two options. One is the extension of the sewer, and the other is on-site sewage. But the on-site sewage... ...requires, and you'd be familiar with this more than likely, the project that was done up on Past Dairyland there. Yeah. They actually, the county, will give you a much lesser flow on that big storage building because nobody ever... I've rented storage space. I've never used the bathroom there once. But you still use... Exactly. You still have to do the AI. Yeah, exactly. And we have that into the... We have that question into the county right now to see what that flow requirement would be because that could change the dynamic of whether we extend the sewer or not. Where is the sewer there? Right across the street? It's just to the west. I did go over this with Michael Reichel prior to this application. There was an extension of the Sewer District to incorporate, I believe, a portion of the Blackman site. I don't recall exactly when it was done. But they do have a petition to further extend the district. I mean, I think that's going to be a question for the health department. Based on the proximity to the sewer, they may just require it. It is also in the DEC WSRR zone. You know, when I spoke with Michael Reichel, he was sort of indicating that, yeah, they're likely going to have to cancel. Okay. Not too many... So just to Member Zelnicki's point, I just want to see where the board's at. So before we have a resolution on to assume lead agency, issue a negative declaration, would the board like to see any... sort of additional soil sampling before we adopt a negative declaration? There's no leak. I mean, there's no leak. I mean, we could have just tried to save some more time. It's been a while. Well, we could do a concurrent. Can we do it that way? Yeah. Yeah? I have no problem doing it. If you guys are going to bring your samples in, we'll get this going so it's concurrent. No problem. You okay with that, Kenny? Right. I'd just like to table it until we get results on the soil sample. Well, we can pass it. We can pass it. Potential contaminant... And again, there may not be... Right, there may not be. There may not be any leaks from these vehicles. We don't know. We don't know that for sure. But, I mean, it is an environmental factor. It is something the board should consider. So, I mean, if the board's leaning towards requiring that, I would recommend that we can... I would table the resolution so that way we can... I mean, they're not old cars. They're in two, three years. But I'm just saying, to Marty's point, if there is a problem, right, because I've been in areas on the farm and everything else. We are directed by Board of Health on everything else. We have soil samples, locked things up, but everything else. And we're just asking the same thing here. There may not be a problem. And if there's no problem, everything moves forward, you know, without any problem. But if there is a problem... But you say you have a Phase 1? Phase 2. [transcription gap] That property's been checked up, right, and down. What? By Millern at that? Before I bought it, I would have never bought it. You know, like I said... It came back clear. So, just those couple cars, there's no way that there's any type of... I'm not sure delaying it, because it might be a problem as well. If there is a spill of contamination, you're going to pay a remediation company... 100%. We're not going to stop the project. I don't know if it's... I'd imagine not delaying it. You know, like I had indicated when I started, I was sitting here and I looked back at my notes and I was like, wow, like tomorrow's a year since we were here. And the zoning board, they went through it and we had a really good back and forth with them. And, you know, they're holding it in abeyance for this review and other things. And so, again, a point very well noted, but it's something that certainly will be a requirement, you know, going through. And if there is an issue, we're happy to pay to clean it up. Like, we're not going to stop the project. Well, that's the whole thing. Yeah, no, 100%. So, we would ask that it be allowed to proceed, but that could be a note that's added to the... You know, that has a condition. Because then it lets us keep... So, with the... Just amend the resolution. Greg, can we amend the resolution, you know, to findings of... I mean, so that's sort of verging on a condition negative declaration, which is not allowed under SECRA for a Type 1 action. I mean, you can't really put a condition like that in for a Type 1. Well, why don't we look at the Phase 2 report? They haven't submitted it, have they? No, they haven't. But, I mean, again, the question is not what happened prior to the owner purchasing the property. The question is, what's happened on that property since then? I mean, again, I've... There's been no mechanic work. There's been no oil changes. There's been no... Like, nothing like that at all. The other point is that this is just... This is just one of the early hurdles. You still have to approve this. Right. You know, so all of these things have to be confirmed and mediated in order for you to give an approval. So, I would really encourage the board to allow the resolution to go as is. Keep it moving. And, again, we're going to... We require your preliminary site plan approval. We're going to require your final site plan approval. And you're not going to give us that unless we have those testing samples in there, right? All right. We'll get on it right away. We'll move on. If anybody wants to make a motion to table it, they can make the motion. We'll see if it carries. If not, we'll go with the resolution presented in the packet. But, are we all good with discussion on this? Yep. You guys good? Yeah. Kenny? Yep. Thank you. All right. All right. Any other comments on any resolution? I don't see any takers. At this time, we're going to go into executive session with our legal counsel to discuss summer wind farms. So, gentlemen, you have to step out for a brief period and we'll get you and resume. Can I get a motion to go into executive, please? So, move. Make a motion. Move to second. All in favor? Aye. All right. All opposed? Okay. We're going into executive.

Any other comments? Second. Move to second. All in favor? Aye. Aye. All opposed? Okay. Welcome back to open session. We just had legal advice on summer wind farms from our attorney. And now we're going to go to resolutions. I'll move resolution 2025-022 for 1107 Old Country Road. Carrying preliminary approval for the site plan application. So, moved. Second. Moved and seconded. Mr. Zelnicki? Yes. Mr. Hogan? Yes. Mr. DeNero? Aye. Aye. Mr. Baer? Yes. And I vote yes. The motion carries. I'll move resolution 2025-023, classifying action pursuant to SACRA and grants farm stand approval for Freeboard 23 LLC. Second. Second. Moved and seconded. Mr. Zelnicki? Yes. Mr. Hogan? Yes. Mr. DeNero? Aye. Mr. Baer? Yes. And I vote yes. The motion carries. I'll move resolution 2025-024, Points East, LLC, Minor Subdivision. Resolution to schedule a public hearing in the minor subdivision application seeking to subdivide the existing 2.05 acre parcel. So, moved. Second. Moved and seconded. Mr. Zelnicki? Yes. Mr. Hogan? Yes. Mr. DeNero? Aye. Mr. Baer? Yes. And I vote aye. The motion carries. Resolution number 2025-025, Leesam Associates, LLC, Minor Subdivision, resulting, assuming lead agency, and issue negligent declaration pursuant to secret. Second. Moved and seconded. Discussion item. Greg, I know you explained it to me before, but I forgot the reasoning that the subdivision and the zoning map are a little different. The zoning... So, the subdivision is essentially being carried out along the zoning district boundary line between rural corridor and the agricultural protection zone, except the proposed... The subdivision boundary line is 30 feet north of that zoning district line because there is a provision in the code which essentially allows you to use the... extend the less restrictive zone into the more restrictive zone. Okay. So, just from a... If I was a property owner from a land use point of view, it would make sense to sort of maximize the less restrictive portion of the property. Okay. Thank you for clarification. We have... It's been moved and seconded. Mr. Zelnicki? Yes. Mr. Hogan? Yes. Mr. DeNiro? Aye. Mr. Baer? Yes. An aye vote aye. The motion carries. On this resolution, Mr. Chairman, I'd like to table this resolution for 940... 946 West Main Street redevelopment. If anybody else agrees. I'll second the motion. I can do that, Mr. Chairman. Moved and seconded by...

occasion because there might be a problem. But we will get the answer. We will find out, Kenny, and I understand your reasoning for it. I have no problem with that. Okay. I'll move Resolution 202526. Assume lead agency status and issue a negative declaration pursuant to CEQA for 940 and 946 West Main. Second. Move to second, Mr. Zernicki? Yes. Mr. Hogan? Yes. Mr. Nadero? Aye. Mr. Baer? Yes. I vote yes. The motion carries. I'll move Resolution 2025027, Summerwind Farm Major Subdivision. Resolution rejecting sketch plan submitted in connection with the major subdivision application. So moved. Second. Moved and seconded discussion. I have a message here from the planning board as a whole. We were disappointed to learn that the applicant's representation was not the representative submitted documents to the planning board perpetrating to have been prepared by a licensed design professional when in fact they were not. We were asked by the design professional to remove the documents from the record so accordingly we have prepared a resolution to effect that in today's meeting. It's not clear whether and how the matter will progress after today and other information contained in the resolution the planning board will have no additional comments and refer all matters to the town attorney's office. I move. Second. Move to second. Second. Moved by Mr. Zernicki. Second. Moved by Mr. Baer? Aye. With that said, it's been moved and seconded. Mr. Zernicki. Yes. Mr. Hogan. Yes. Mr. Denaro. Aye. Mr. Baer. Yes. And I vote yes. The motion carries. Public comments on any matter. Okay. Greg, no secret actions tonight. Oh, sir. Minutes of the meeting. February 20. I'm sorry. We have February 20. Yeah. Okay. I move the minutes of February 20 and 21. Okay. And I vote no. Okay. All in favor. Aye. All opposed. Okay. That carries. Other business. I don't know. Justin, can you zoom in on the center camera. Okay. This is other business. Can you move that a little bit. The question is, is the grass always greener on the other side of the fence. And it might be. If it's a grass-free grass. Okay. So, I'm going to ask you. I'm going to ask you. I'm going to ask you. I'll just head over to you. I'll head over to you. I'll head over to you. I'll head over to you. I'll head over to you. I'll head over to you. you. I'll head over to you. I'll head over to you. I'll head over to you. I'll head over to you. I'll head over to you. I'll head over to you. I know Heather's opposed, so we'll discuss it further. But I brought those samples in and some literature for staff. That was it. We have two letters of correspondence on LISM, minor subdivision. Our next meeting date will be Thursday, April 3, 2025, at 6 p.m. Anybody else? Any issues? Everybody's good? Yeah. Okay, well done, everybody. Can we get a motion to close? Motion to close. So moved. Second. Moved and seconded. All in favor? Aye. Aye. All opposed? Motion carries. Thank you, everybody.