HomeMy WebLinkAboutPB-12/03/2018 OFFICE LOCATION: MAILING ADDRESS:
Town Hall Annex ��®f S® �® P.O. Box 1179
54375 State Route 25 �® r® Southold,NY 11971
(cor.Main Rd. &Youngs Ave.) ,.rr��,, ,,ss�
Southold, NY `zs' `zs Telephone: 631765-1938
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PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
RECEIVED
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PUBLIC MEETING FEB e 5 2019e_►1k:33prn
MINUTES
So hold TownCleric
_r December 3, 2018
6:00 p.m.
Present were: Donald J. Wilcenski, Chairman
James H. Rich III, Vice-Chairman
Martin Sidor, Member
Pierce Rafferty, Member
Mary Eisenstein, Member
Heather Lanza, Planning Director
Mark Terry, Assistant Planning Director
Brian Cummings, Planner
Erica Bufkins, Planner Trainee
Jessica Michaelis, Office Assistant
William Duffy, Town Attorney
SETTING OF THE NEXT PLANNING BOARD MEETING
Chairman Wilcenski: Good afternoon and welcome to the December 3, 2018 Planning
Board meeting. The first order of business is for the Board to set Monday, January 14,
2019 at 6:00 p.m. at the Southold Town Hall, Main Road, Southold, as the time and
place for the next regular Planning Board Meeting.
James H. Rich III: So moved.
Martin Sidor: Second.
Chairman Wilcenski: Motion made by Jim, seconded by Martin. Any discussion? All in
favor?
Ayes.
Southold Town Planning Board Page 12 December 3, 2018
Opposed?
None.
Motion carries.
SUBDIVISIONS - STATE ENVIRONMENTAL QUALITY REVIEW ACT
(SEQRA)
SEQRA Determinations/Final Plat Determinations:
Chairman Wilcenski: Kardwell & Reeve Resubdivision —This resubdivision
proposes to authorize the transfer of 0.19 acres from SCTM#1000-114.-11-24.1 to
SCTM#1000-114.-11-24.3 as created by deed on June 3, 1984 (Liber 9576 Page 106).
SCTM#1000-114.-11-24.3 totals 1.88 acres in the HB Zoning District and SCTM#1000-
114.-11-24.1 totals 1.01 acres in the R-40 Zoning District, located at 13560 Main Road,
Mattituck, +/- 200' east of Wickham Avenue. SCTM#1000-114-11-24.3 & 24.1.
Pierce Rafferty:
WHEREAS, this resubdivision proposes to legalize the transfer of 0.19 acres from
SCTM#1000-114.-11-24.1 to SCTM#1000-114.-11-24.3 as created by deed in Liber
9576 Page 106 recorded in the Suffolk County Clerk's Office on June 3, 1984; and
WHEREAS, SCTM#1000-114.-11-24.3 totals 1.88 acres in the HB Zoning District and
SCTM#1000-114.-11-24.1 totals 1.01 acres in the R-40 Zoning District, located at
13560 Main Road, Mattituck, +/- 200' east of Wickham Avenue; and
WHEREAS, on October 29, 2018, the applicant submitted a resubdivision application
for review by the Southold Town Planning Board; and
WHEREAS, on November 5, 2018, the Southold Town Planning Board found the
resubdivision application complete at their Work Session; and
WHEREAS, on November 5, 2018, the Southold Town Planning Board determined that
this proposed action is an Unlisted Action under SEQRA; and
WHEREAS, on November 5, 2018, the Southold Town Planning Board, pursuant to
§240-56 Waivers of certain provisions, waived the following provisions of subdivision;
a. Article V: Sketch Plat Review;
b. §240-10 (A): Existing Resources Site Analysis Plan (ERSAP);
C. §240-10 (B): Yield Plan;
d. §240-10 (C): Primary & Secondary Conservation Area Plan;
e. Article VI: Preliminary Plat Review;
f. §240-19 (C-2): Preliminary and Final Public Hearings; and
Southold Town Planning Board Page 13 December 3, 2018
WHEREAS, pursuant to the resubdivision Policy set by the Planning Board in February
2011, this application is eligible for decision from the Planning Board prior to receiving
approval by the Suffolk County Department of Health Services (SCDHS) as it meets the
following criterion set forth in that policy:
• Where no new development potential will be created in the parcel to which
the land is transferred; and
WHEREAS, on November 5, 2018, at their Work Session, the Planning Board
determined that the proposed action meets all the necessary requirements of Town
Code §240-57 for a re-subdivision application; be it therefore
WHEREAS, the Southold Town Planning Board performed an uncoordinated review of
this Unlisted Action pursuant to 6 NYCRR Part 617, Section 617.7 of the State
Environmental Quality Review Act (SEQRA); and
WHEREAS, this application is EXEMPT from review by the Local Waterfront
Revitalization Program as no new development potential will come as a result of this re-
subdivision; therefore be it
RESOLVED, that the Southold Town Planning Board, pursuant to SEQRA, hereby
makes a determination of non-significance for the proposed resubdivision and grants a
Negative Declaration.
James H. Rich III: Second.
Chairman Wilcenski: Motion made by Pierce, seconded by Jim. Any discussion? All in
favor?
Ayes.
Opposed?
None.
Motion carries.
Pierce Rafferty: And be it further
RESOLVED, that the Southold Town Planning Board hereby waives the requirement to
receive approval from the Suffolk County Department of Health Services prior to
approval of this resubdivision by the Southold Town Planning Board.
James H. Rich III: Second.
Southold Town Planning Board Page 14 December 3, 2018
Chairman Wilcenski: Motion made by Pierce, seconded by Jim. Any discussion? All in
favor?
Ayes.
Opposed?
None.
Motion carries.
Pierce Rafferty: And be it further
RESOLVED, that the Southold Town Planning Board grants Final Plat Approval upon
the map entitled "Resubdivision for Nancy Kardwell", prepared by Nathan Taft Corwin
III, Land Surveyor, dated November 30, 1998, last revised March 9, 2018, and
authorizes the Chairman to endorse the map.
James H. Rich III: Second.
Chairman Wilcenski: Motion made by Pierce, seconded by Jim. Any discussion? All in
favor?
Ayes.
Opposed?
None.
Motion carries.
Chairman Wilcenski: Mangieri Resubdivision —This resubdivision proposes to
transfer 9.56 acres from SCTM#1000-125.-3-2.3 to SCTM#1000-125.-3-18 in the AC
Zoning District, Laurel. Lot 2.3 will decrease from 11.57 acres to 2.01 acres (proposed
Lot 1). Lot 18 will increase from 0.44 acres to 10 acres (proposed Lot 2). The property
is located at 2050 Route 25, Laurel. SCTM#1000-125-3-2.3 & 18.
James H. Rich III:
WHEREAS, this Resubdivision proposes to transfer 9.73 acres from SCTM#1000-125.-
3-2.3 to SCTM#1000-125.-3-18 in the AC Zoning District, Laurel. Lot 2.3 will decrease
from 11.57 acres to 1.84 acres (proposed Lot 1). Lot 18 will increase from 0.44 acres to
10.17 acres (proposed Lot 2); and
Southold Town Planning Board Page 15 December 3, 2018
WHEREAS, on November 7, 2017, the Planning Board responded to the Zoning Board
of Appeals request for comment to unmerge this parcel to create Tax Lots 2.3 & 18.
The ZBA granted a waiver of merger on the application in File #7019; and
WHEREAS, on March 6, 2018, the applicant submitted a Resubdivision application for
review by the Planning Board; and
WHEREAS, on April 9, 2018, the Planning Board determined they would consider the
application complete upon submission of a map inclusive of the required revisions; and
WHEREAS, on October 9, 2018, the applicant submitted a revised plan, which
rendered the Resubdivision application complete; and
WHEREAS, on October 15, 2018, the Planning Board determined that this proposed
action is an Unlisted Action under SEQRA; and
WHEREAS, on November 5, 2018, the Public Hearing was held and closed; and
WHEREAS, pursuant to the Re-subdivision Policy set by the Planning Board in
February 2011, this application is not eligible for decision from the Planning Board prior
to receiving approval by the Suffolk County Department of Health Services (SCDHS;
and
WHEREAS, the Planning Board performed an uncoordinated review of this Unlisted
Action pursuant to 6 NYCRR Part 617, Section 617.7 of the State Environmental
Quality Review Act (SEQRA); therefore be it
RESOLVED, that the Southold Town Planning Board, pursuant to SEQRA, hereby
makes a determination of non-significance for the proposed re-subdivision and grants
a Negative Declaration.
Martin Sidor: Second.
Chairman Wilcenski: Motion made by Jim, seconded by Martin. Any discussion? All in
favor?
Ayes.
Opposed?
None.
Motion carries.
Southold Town Planning Board Page 16 December 3, 2018
SUBDIVISIONS
Set Preliminary Plat Hearing:
Chairman Wilcenski: Duffy Standard Subdivision —This proposal is for a Standard
Subdivision of a 3.02 acre parcel into two lots, where Lot 1 is 1.69 acres and Lot 2 is
1.33 acres in the R-40 Zoning District. This parcel is located on the west side of the
intersection of Little Peconic Bay Road and Wunneweta Road, Nassau Point,
Cutchogue. SCTM#1000-111-11-26.1.
Martin Sidor:
WHEREAS, this proposal is for a Standard Subdivision of a 3.02 acre parcel into two
lots, where Lot 1 is 1.69 acres and Lot 2 is 1.33 acres, located at 3360 Wunneweta
Road, northwest of the intersection of Little Peconic Bay Road and Wunneweta Road,
in the R-40 Zoning; and
WHEREAS, on February 2, 2018, the agent submitted a Sketch Plan Application and
fee; and
WHEREAS, on May 7, 2018, the applicant submitted a Yield Plan compliant with the
minimum requirements of subdivision set forth in §240-B Yield Plan; and
WHEREAS, on May 23, 2018, at their Work Session, the Planning Board found the
Sketch Plan application complete upon submittal of a revised Sketch Plan; and
WHEREAS, on June 11, 2018, the Sketch Plan application was found complete; and
WHEREAS, on July 9, 2018, the Planning Board granted a Conditional Final Approval
upon the application; and
WHEREAS, on October 26, 2018, the applicant submitted a Preliminary Plat application
and fee; and
WHEREAS, on November 5, 2018, the Planning Board found the Preliminary Plat
application complete at their work session; and
WHEREAS, on November 5, 2018, the Planning Board set the Public Hearing for
Monday December 3, 2018, at 6:02 PM; and
WHEREAS, on November 6, 2018, the agent for the applicant requested that the
hearing be set for a later date due to a conflict; be it therefore
RESOLVED, that the Southold Town Planning Board sets Monday, January 14, 2019
at 6:01 p.m. for a Public Hearing upon the map entitled "Preliminary Plat of Duffy at
Southold Town Planning Board Page 17 December 3, 2018
Nassau Point", prepared by Kenneth M. Woychuk, Land Surveyor, dated August 1,
2015, last revised September 25, 2018.
Mary Eisenstein: Second.
Chairman Wilcenski: Motion made by Martin, seconded by Mary. Any discussion? All
in favor?
Ayes.
Opposed?
None.
Motion carries.
Set Hearing:
Chairman Wilcenski: Hazard Standard Subdivision—The owner of Lot 2 of the
Hazard Standard Subdivision, approved by the Planning Board on April 9, 2018, has
requested an amendment to the covenants. A four foot path is permitted through the
non-disturbance buffer, with no structures allowed. The owner has requested that a
catwalk structure over the bank be permitted within the four foot path. The property is
located at 1465 & 1575 Harbor Lane, in Cutchogue. SCTM#1000-103-2-1.1 & 1.2.
Mary Eisenstein:
WHEREAS, the owner of Lot 2 of the Hazard Standard Subdivision, approved by the
Planning Board on April 9, 2018, has requested an amendment to the covenants. A four
foot path is permitted through the non-disturbance buffer, with no structures allowed.
The owner has requested that a catwalk structure over the bank be permitted within the
four foot path; and
WHEREAS, covenants and restrictions for the subdivision referenced above were filed
with the Office of the Suffolk County Clerk on March 20, 2018 in Liber D12953, Page
114; and
WHEREAS, on October 5, 2018, the applicant applied for a Wetlands Permit from the
Town Trustees in order to construct a dock on Eugene's Creek; and
WHEREAS, the covenants state, "A 4 foot wide pedestrian path is permitted to be
cleared through the buffer to access the waterfront. This path through the non-
disturbance buffer must be the shortest distance necessary to connect the waterfront to
the building envelope, and must be constructed of pervious natural materials," in clause
5(B); and
Southold Town Planning Board Page 18 December 3, 2018
WHEREAS, the covenants also state, "No structures are permitted in the non-
disturbance buffers, except for a fence along the property line," in clause 5(F), the effect
of which is to prevent any improvement with a structure within the four foot path; and
WHEREAS, the applicant has requested permission to construct a catwalk within the
four foot path in the non-disturbance buffer between the top-of-bank and the wetland
line, and this structure is prohibited by the covenants described above; and
WHEREAS, the covenants would need to be amended to grant this permission.
Specifically, clause 5(F) would need to be revised to read, "No structures are permitted
in the non-disturbance buffers, except for a fence located along the property line, and a
catwalk with associated pilings located within the four foot path and starting at the Top
of Bank seaward to provide access to Eugene's Creek,"; and
WHEREAS, to amend the covenants, a Public Hearing is required to be held, and a
majority plus one vote of the Planning Board is required; therefore be it
RESOLVED, that the Southold Town Planning Board sets Monday, January 14, 2019
at 6:02 p.m. for a Public Hearing upon the request to amend the covenants and
restrictions filed with the Suffolk County Clerk in Liber D12953, Page 114 to include the
following language (addition underlined);
1. (f) "No structures are permitted in the non-disturbance buffers, except for a fence
located along the property line, and a catwalk with associated pilings located
within the four foot path and starting at the Top of Bank seaward to provide
access to Eugene's Creek."
Pierce Rafferty: Second.
Chairman Wilcenski: Motion made by Mary, seconded by Pierce. Any discussion? All
in favor?
Ayes.
Opposed?
None.
Motion carries.
Southold Town Planning Board Page 19 December 3, 2018
BOND DETERMINATIONS
Bond Reduction:
Chairman Wilcenski: Heritage at Cutchogue (aka Harvest Pointe) - This Residential
Site Plan is for the development of 124 detached and attached dwellings classified in
three types: 48 "Type A" units (1,999 +/- sq. ft. livable area), 72 "Type B" units (1,599
+/- sq. ft. livable area) and 4 "Type "C" units (1,999 +/- sq. ft. livable area). In addition,
there are proposed the following: a 6,188 sq. ft. community center with a ±1,125 sq. ft.
outdoor swimming pool, one tennis court, 284 parking spaces of which 256 are
associated with the individual dwelling units and 28 are associated with the community
center, and various other associated site improvements, on a vacant 46.17-acre parcel
in the Hamlet Density (HD) Zoning District located on the n/w corner of Griffing Street
and School House Road, approximately 1,079 feet n/o the Main Road, in Cutchogue.
The property is located at 75 Schoolhouse Road, Cutchogue. SCTM#1000-102-1-33.3
Pierce Rafferty:
WHEREAS, this proposed Residential Site Plan is for the development of 124 detached
and attached dwellings, with three base designs: 48 "Type A" units (1,999 +/- sq. ft.
livable area), 72 "Type B" units (1,599 +/- sq. ft. livable area) and 4 "Type "C" units
(1,999 +/- sq. ft. livable area). In addition, there are proposed the following: a 6,188 sq.
ft. clubhouse with an outdoor swimming pool, one tennis court, 284 parking spaces, of
which 256 are associated with the individual dwelling units and 28 are associated with
the community center, and various other associated site improvements, on a vacant
46.17-acre parcel in the Hamlet Density (HD) Zoning District located at 75 Schoolhouse
Road, at the northwest corner of the intersection of Griffing Street and Schoolhouse
Road in Cutchogue; and
WHEREAS, on April 10, 2017 the Planning Board resolved to accept the bond for the
Heritage at Cutchogue in the amount of$150,014.00, and recommended the same to
the Southold Town Board; and
WHEREAS, on April 11, 2017, the Southold Town Board accepted the bond, as
described above, by resolution #2017-341; and
WHEREAS, on October 26, 2018, Henry Alia, agent for the applicant, submitted a
request to reduce the Bond amount from $150,014 to $39,908; and
WHEREAS, on November 5, 2018, the Planning Board reviewed this request and
determined that the reduced amount was not sufficient, and must be increased to
$75,825; be it therefore
RESOLVED, that the Planning Board hereby accepts a reduction in the bond amount
from $150,014 to $75,825 for the Heritage at Cutchogue and recommends that the
Town Board accepts the reduced bond amount.
Southold Town Planning Board Page 110 December 3, 2018
James H. Rich III: Second.
Chairman Wilcenski: Motion made by Pierce, seconded by Jim. Any discussion? All in
favor?
Ayes.
Opposed?
None.
Motion carries.
Bond Release:
Chairman Wilcenski: Martz, Theodore C., Jr. - This proposal is for a Standard
Subdivision of a 1.62 acre parcel into two lots where Lot 1 equals 0.71 acres and Lot 2
equals 0.92 acres, located in the R-40 Zoning District. The Zoning Board of Appeals
granted an Area Variance to allow for Lot 1 to be less than 40,000 sq. ft. The property is
located at 555 Broadwaters Road, approximately 80' west of Wunneweta Road,
Cutchogue. SCTM#1000-104-12-6.1.
James H. Rich III:
WHEREAS, this proposal is for a Standard Subdivision of a 1.62 acre parcel into two
lots where proposed Lot 1 equals 0.71 acres and proposed Lot 2 equals 0.92 acres,
located in the R-40 Zoning District. The Zoning Board of Appeals granted an Area
Variance to allow for Lot 1 to be less than 40,000 sq. ft.; and
WHEREAS on April 10, 2017 the Southold Planning Board accepted the draft bond
estimate dated January 24, 2017 in the amount of$6,425.00; and
WHEREAS on June 28; 2017 the applicant submitted a check (#5926) in the amount of
$6,425.00 for the performance guarantee; and
WHEREAS, on November 7, 2018 the applicant submitted a letter requesting the
release of the performance guarantee;
WHEREAS, the Town of Southold Stormwater Manager inspected the site and found all
included work completed, be it therefore
RESOLVED, that the Southold Town Planning Board hereby recommends to the
Southold Town Board the release of the performance guarantee.
Martin Sidor: Second.
Southold Town Planning Board Page 111 December 3, 2018
Chairman Wilcenski: Motion made by Jim, seconded by Martin. Any discussion? All in
favor?
Ayes.
Opposed?
None.
Motion carries.
SITE PLANS/SPECIAL EXCEPTIONS - STATE ENVIRONMENTAL
QUALITY REVIEW ACT
SEQRA Determinations/Conditional Determinations:
Chairman Wilcenski: First Universalist Church —This proposed Site Plan is for the
construction of a one story 6,816 sq. ft. place of worship and 32 parking stalls. There is
an existing parish house and single family dwelling to remain, all on 1.2 acres in the
Residential Office (RO) Zoning District. The property is located at 51970 Route 25,
Southold. SCTM#1000-63-6-6.1 & 6.2.
Martin Sidor:
WHEREAS, this site plan is for the proposed construction of a one story 6,816 sq. ft.
place of worship and 32 parking stalls. There is an existing parish house and single
family dwelling to remain, all on 1.2 acres in the Residential Office (RO) Zoning District;
and
WHEREAS, on September 11, 2018 the Southold Town Planning Board, pursuant to
State Environmental Quality Review Act (SEQRA) 6 NYCRR, Part 617.5 (c),
determined that the proposed action is a Type I Action as it falls within the following
description for 6 NYCRR, Part 617.4(b)(9) any Unlisted action (unless the action is
designed for the preservation of the facility or site) occurring wholly or partially within, or
substantially contiguous to, any historic building, structure, facility, site or district or
prehistoric site; and
WHEREAS, the Planning Board performed a coordinated review of this Type I Action
pursuant to 6 NYCRR Part 617, Section 617.7 of the State Environmental Quality
Review Act; be it therefore
RESOLVED, that the Southold Town Planning Board hereby declares Lead Agency
status for the SEQRA review of this Type I Action.
Mary Eisenstein: Second.
Southold Town Planning Board Page 112 December 3, 2018
Chairman Wilcenski: Motion made by Martin, seconded by Mary. Any discussion? All
in favor?
Ayes.
Opposed?
None.
Motion carries.
Martin Sidor: And be it further
RESOLVED, that the Southold Town Planning Board, as Lead Agency pursuant to
SEQRA, hereby makes a determination of non-significance for the proposed action and
grants a Negative Declaration.
Mary Eisenstein: Second.
Chairman Wilcenski: Motion made by Martin, seconded by Mary. Any discussion? All
in favor?
Ayes.
Opposed?
None.
Motion carries.
Chairman Wilcenski: Cell Tower at Laurel Stone —This proposed Special Exception
Use, and Site Plan is for a 120' tall wireless communication facility (cell tower) for one
Verizon section 110' -1 20' a.g.l. and two AT&T antenna sections 90' - 11 0' a.g.l. and
three (3) empty 10' sections for possible future co-location (all concealed within the
pole), along with a 2,500 sq. ft. area for proposed associated ground equipment. There
are ±5,078 sq. ft. of existing buildings including a stone supply yard and associated
accessory structures, all on 1.6 acres in the General Business Zoning District. The
property is located at 7055 Route 25, Mattituck. SCTM#1000-122-6-35.4.
Mary Eisenstein:
WHEREAS, an application for a Special Exception & Site Plan Approval for a wireless
communication facility consisting of a 120' tall monopole for Verizon and AT&T and the
Mattituck Fire District's emergency communication antennas at 7055 State Route 25, in
Southold Town Planning Board Page 113 December 3, 2018
Mattituck, also the location of Laurel Stone Supply, was submitted for review on August
24, 2017, and
WHEREAS, the Southold Town Planning Board reviewed the applications together with
their independent technical consultant, CityScape and additional information was
requested; and
WHEREAS, on February 6, 2018, the additional information was accepted for review
and a public hearing was set; and
WHEREAS, on May 11, 2018, the applicant submitted additional information that was
accepted for review and a public hearing was set; and
WHEREAS, on July 9, 2018 the public hearing was conducted and held open for
additional information from the applicant; and
WHEREAS, on August 3, 2018, the applicant submitted additional information; and
WHEREAS, on September 21, 2018 the applicant submitted additional information; and
WHEREAS, on November 30, 2018, the Town of Southold Local Waterfront
Revitalization Program Coordinator reviewed the proposed project and determined the
project to be inconsistent with Southold Town LWRP policies; and
WHEREAS, the Planning Board, as Lead Agency, performed an uncoordinated review
of this Unlisted Action pursuant to 6 NYCRR Part 617, Section 617.7 of the State
Environmental Quality Review Act (SEQRA); and
WHEREAS, upon review of all submitted materials, the Planning Board has found that
the application cannot be approved as submitted, as detailed in the Planning
Department staff report dated December 3, 2018. The Planning Board acknowledges,
however, that there is a need for improved cell and emergency communications
services, and that the application, if modified, could be approved after certain conditions
are met; therefore be it
,RESOLVED, that the Planning Board, pursuant to the State Environmental Quality
Review Act, hereby makes a conditional determination of non-significance and grants a
Conditioned Negative Declaration.
Pierce Rafferty: Second.
Chairman Wilcenski: Motion made by Mary, seconded by Pierce. Any discussion? All
in favor?
Ayes.
Southold Town Planning Board Page 114 December 3, 2018
Opposed?
None.
Motion carries.
Mary Eisenstein: And be it further
RESOLVED, that the Planning,Board hereby finds the application is inconsistent with
the LWRP.
Pierce Rafferty: Second.
Chairman Wilcenski: Motion made by Mary, seconded by Pierce. Any discussion? All
in favor?
Ayes.
Opposed?
None.
Motion carries.
Mary Eisenstein: And be it further
RESOLVED, that the Planning Board hereby finds and determines that the standards
for Special Exception Approval have not been met.
Pierce Rafferty: Second.
Chairman Wilcenski: Motion made by Mary, seconded by Pierce. Any discussion? All
in favor?
Ayes.
Opposed?
None.
Motion carries.
Mary Eisenstein: And be it further
Southold Town Planning Board Page 115 December 3, 2018
RESOLVED, that after consideration of the above factors, the Southold Town Planning
Board grants a Conditional Special Exception approval for the Wireless
Communications Facility at 7055 NYS Route 25 Mattituck with the following conditions
that must be met prior to a final Special Exception approval resolution:
Conditions:
1. Reduce the height of the tower to meet Town Code — 80'.
2. Add vegetated screening to the site to better meet the code and reduce visual
impacts.
3. Add green privacy slats to the chain link fence surrounding the equipment
compound to reduce visual impacts.
4. Re-evaldate the visual impact of the new height and whether the location of the
tower should be moved to be better screened by the existing building.
5. Supply more details regarding the access road to the site and whether a new
driveway is being proposed.
6. Structural corroboration from the Town's independent consultant regarding the
reduced fall zone is received.
7. Re-evaluate the radio emissions Maximum Permissible Exposure at new height.
8. Submit revised Special Exception and Site Plan applications with plans and
associated required information reflecting the reduced tower height and other
conditions above.
Referral comments from relevant agencies based on the revised plans are received and
addressed, including but not limited to the NYSDOT, Southold Town Engineer
(stormwater runoff prevention), Town Fire Marshal (fire apparatus access), LIRR, and
SC Planning Commission.
Pierce Rafferty: Second.
Chairman Wilcenski: Motion made by Mary, seconded by Pierce. Any discussion? All
in favor?
Ayes.
Opposed?
None.
Motion carries.'
Chairman Wilcenski: Cell Tower at Laurel Stone —This proposed Special Exception
Use, and Site Plan is for a 120' tall wireless communication facility (cell tower) for one
Verizon section 110' -120' a.g.l. and two AT&T antenna sections 90' - 1 10' a.g.l. and
i
c Southold Town-Planning Board Page 116 December 3, 2018
three (3) empty 10' sections for possible future co-location (all concealed within the
pole), along with a 2,500 sq. ft. area for proposed associated ground equipment. There
are ±5,078 sq. ft. of existing buildings including a stone supply yard and associated
accessory structures, all on 1.6 acres in the General Business Zoning District. The
property is located at 7055 Route 25, Mattituck. SCTM#1000-122-6-35.4.
Mary Eisenstein:
WHEREAS, an application for a Special Exception & Site Plan Approval for a wireless
communication facility consisting of a 120' tall monopole for Verizon and AT&T and the
Mattituck Fire District's emergency communication antennas at 7055 State Route 25, in
Mattituck, also the location of Laurel Stone Supply, was submitted for review on August
24, 2017; and
WHEREAS, the Southold Town Planning Board reviewed the applications together with
their independent technical consultant, Cityscape and additional information was
requested; and
WHEREAS, on February 6, 2018, the additional information was accepted for review
and a public hearing was set; and
WHEREAS, on May 11, 2018, the applicant submitted additional information that was
accepted for review and a public hearing was set; and
WHEREAS, on July 9, 2018 the public hearing was conducted and held open for
additional information from the applicant; and
WHEREAS, on August 3, 2018, the applicant submitted additional information; and
WHEREAS, on September 21, 2018 the applicant submitted additional information; and
WHEREAS, on November 30, 2018, the Town of Southold Local Waterfront
Revitalization Program Coordinator reviewed the proposed project and determined the
project to be inconsistent with Southold Town LWRP policies; and
WHEREAS, on December 3, 2018, the Planning Board, pursuant to the State
Environmental Quality Review Act (SEQRA), granted a Conditioned Negative
Declaration; and
WHEREAS, on December 3, 2018, the Planning Board found the application
inconsistent with the LWRP; and
WHEREAS, on December 3, 2018, the Planning Board granted a Conditional Special
Exception Approval; and u
Southold Town Planning Board Page 117 December 3, 2018
WHEREAS, upon review of all submitted materials, the Planning Board has found that
the site plan application cannot be approved as submitted, as detailed in the Planning
Department staff report dated December 3, 2018. The Planning Board acknowledges,
however, that there is a need for improved cell and emergency communications
services, and that the application, if modified, could be approved after certain conditions
are met; therefore be it
RESOLVED, that after consideration of the above factors, the Southold Town Planning
Board grants a Conditional Site Plan approval for the Wireless Communications
Facility at 7055 NYS Route 25 Mattit'uck with the following conditions that must be met
prior to a final Site Plan approval resolution:
Conditions:
1. Reduce the height of the tower to meet Town Code — 80'.
2. Add vegetated screening to the site to better meet the code and reduce visual
impacts.
3. Add green privacy slats to the chain link fence surrounding the equipment
compound to reduce visual impacts.
4. Re-evaluate the visual impact of the new height and whether the location of the
tower should be moved to be better screened by the existing building.
5. Supply more details regarding the access road to the site and whether a new
driveway is being proposed.
6. Structural corroboration from the Town's independent consultant regarding the
reduced fall zone is received.
7. Re-evaluate the radio emissions Maximum Permissible Exposure at new height.
8. Submit revised Special Exception and Site Plan applications with plans and
associated required information reflecting the reduced tower height and other
conditions above.
9. Referral comments from relevant agencies based on the revised plans are
received and addressed, including but not limited to the NYSDOT, Southold
Town Engineer (stormwater runoff prevention), Town Fire Marshal (fire
apparatus access), LIRR, and SC Planning Commission.
Pierce Rafferty: Second.
Chairman Wilcenski: Motion made by Mary, seconded by Pierce. Any discussion? All
in favor?
Ayes.
Opposed?
Southold Town Planning Board Page 118 December 3, 2018
None.
Motion carries.
SITE PLANS
Determination:
Chairman Wilcenski: Eastern Front Brewing Retail —This site plan is for a proposed
1,902 sq. ft. retail store located in the front of an existing 5,417sq. ft. 2-story building,
with no change to the footprint. The remainder of the building consists of two existing
dwelling units. Also existing is a detached 360 sq. ft. garage. There are 12 parking stalls
proposed for this application on 0.62 acres in the HB Zoning District, Mattituck. The
property is located at 13100 Route 25, Mattituck. SCTM#1000-114-11-11.1.
Pierce Rafferty:
WHEREAS, this Site Plan is for a proposed 1,902 sq. ft. retail store located in the front
of an existing 2-story building, with no change to the footprint. The remainder of the
building consists of two dwelling units. Also existing on site is a detached 360 sq. ft.
garage. There are 12 parking stalls proposed for this application on 0.62 acres in the
HB Zoning District, Mattituck; and
WHEREAS, on June 11, 2018, Douglas Pearsall, applicant, submitted a Site Plan
Application for review; and
WHEREAS, on July 9, 2018, the Planning Board found the application incomplete for
review and required revised site plans and additional information; and
WHEREAS, on July 13, 2018, Douglas Pearsall, applicant, submitted revised site plans
and information as required; and
WHEREAS, on July 23, 2018, the Planning Board accepted the application as complete
for review; and
WHEREAS, on August 6, 2018, the Southold Town Planning Board, pursuant to State
Environmental Quality Review Act (SEQRA) 6 NYCRR, Part 617.5 (c), determined that
the proposed action is a Type II Action as it falls within the following description for 6
NYCRR, Part 617.5(c)(7) construction or expansion of a primary or
accessory/appurtenant, non-residential structure or facility involving less than 4,000
square feet of gross floor area and not involving a change in zoning or a use variance
and consistent with local land use controls, but not radio communication or microwave
transmission facilities; and _
WHEREAS, on September 10, 2018, a Public Hearing was held and closed; and
Southold Town Planning Board Page 119 December 3, 2018
WHEREAS, on September 26, 2018, the Planning Board, pursuant to Southold Town
Code §280-131 C., distributed the application to the required agencies for their
comments; and
WHEREAS, the proposed action is exempt from review by the Suffolk County Planning
Commission (SCPC); and
WHEREAS, on October 9, 2018, the Southold Town Fire Inspector reviewed and
determined that there was adequate fire protection and emergency access for the site;
and
WHEREAS, on October 18, 2018, the Southold Town Engineer reviewed the proposed
application and determined the site plan met the minimum requirements of Chapter 236
for Storm Water Management; and
WHEREAS, on October 26, 2018, the Mattituck Fire District determined there was
adequate fire protection for the site; and
WHEREAS, on October 26, 2018, the Town of Southold Local Waterfront Revitalization
Program Coordinator reviewed the proposed project and determined the project to be
consistent with Southold Town LWRP policies with recommendations to the Planning
Board; and
WHEREAS, on October 26, 2018, John Condon, P.E., certified the existing sanitary
system as functioning as designed; and
WHEREAS, at a Work Session on November 5, 2018, the Planning Board reviewed the
proposed application and required revisions to the Site Plan and additional information;
and
WHEREAS, on November 14, 2018, Douglas Pearsall, applicant, submitted revised
Site Plans and additional information; and
WHEREAS, on November 30, 2018, Douglas Pearsall, applicant, submitted revised
Site Plans; and
WHEREAS, on November 30, 2018, the Southold Town Chief Building Inspector
reviewed and certified the proposed retail and two apartments as permitted uses in the
Hamlet Business (HB) Zoning District; and
WHEREAS, on December 3, 2018, the Southold Town Planning Board determined that
all applicable requirements of the Site Plan Regulations, Article XXIV, §280 — Site Plan
Approval of the Town of Southold were met; be it therefore
Southold Town Planning Board Page 120 December 3, 2018
RESOLVED, that the Southold Town Planning Board has determined that this proposed
action is consistent with the policies of the Town of Southold Local Waterfront
Revitalization Program.
James H. Rich III: Second.
Chairman Wilcenski: Motion made by Pierce, seconded by Jim. Any discussion? All in
favor?
Ayes.
Opposed?
None.
Motion carries.
Pierce Rafferty: And be it further
RESOLVED, that the Southold Town Planning Board approves the Site Plan with seven
(7) conditions, on the site plan entitled "Eastern Front Retail" prepared by Douglas
Pearsall dated July 12, 2018, and authorizes the chairman to endorse the site plan.
Conditions
1. A minimum of two (2) street trees of the same species shall be planted by June
1, 2019. These trees shall be at least a two (2") inch caliper and located on
the property south of the existing sidewalk and relatively in line with the
existing flag pole;
2. The garage is for accessory storage to the residential use only and any other use
of these areas by Eastern Front will require an amended site plan application;
3. A truck apron shall be implemented for the construction period with a landscape
fabric bottom, then larger stone on top, for protection of the sidewalk and
existing apron ramp;
4. Trees along the western and southern property boundaries should be retained
where practicable;
5. Before the support of an issuance of a Certificate of Occupancy (CO) by the
Planning Board, the sidewalk(s) and driveway apron shall be inspected for
any damage and repaired if necessary;
6. Any change in the business model as presented to the Planning Board for this
application will require an amended site plan review;
Southold Town Planning Board Page 121 December 3, 2018
7. The business model for this site, as presented to the Planning Board, is for the
retail sale of locally-brewed beer, malt and other products; including tastings.
James H. Rich III: Second.
Chairman Wilcenski: Motion made by Pierce, seconded by Jim. Any discussion? All in
favor?
Ayes.
Opposed?
None.
Motion carries.
Approval Extensions:
Chairman Wilcenski: 13400 Main Road Corp. -This proposed Site Plan is for the
addition of a parking lot on 1.05 acres in the Hamlet Business Zoning District, Mattituck.
The property is located at 13400 NYS Route 25, Mattituck. SCTM#1000-114-11-9.6.
James H. Rich III:
WHEREAS, this proposed Site Plan, in conjunction with a Lot Line Modification, is for
the addition of±9,258 sq. ft. of land for 21 parking stalls on 1.05 acres in the Hamlet
Business Zoning District, Mattituck; and
WHEREAS, on June 5, 2017, the Planning Board granted Approval for a period of
eighteen (18) months to the Site Plan entitled 13400 Main Road Corp.", prepared by
John C. Ehlers Land Surveyor, dated October 28, 2014 and last revised April 7, 2017;
and
WHEREAS, on November 26, 2018, Martin Finnegan, agent, submitted a letter
requesting an Extension of Site Plan Approval for six (6) months; and
WHEREAS, on December 3, 2018, the Planning Board determined the expired Site
Plan was in compliance with current rules and regulations;, therefore be it
RESOLVED, that the Southold Town Planning Board grants an Extension of Site
Plan Approval for twelve (12) months from December 3, 2018 to December 3, 2019
on the Site Plan entitled "13400 Main Road Corp.", prepared by John C. Ehlers Land
Surveyor, dated October 28, 2014 and last revised April 7, 2017.
Martin Sidor: Second.
Southold Town Planning Board Page 122 December 3, 2018
Chairman Wilcenski: Motion made by Jim, seconded by Martin. Any discussion? All in
favor?
Ayes.
Opposed?
None.
Motion carries.
Set Hearing:
Chairman Wilcenski: Heritage at Cutchoque (aka Harvest Pointe) —The owner of
the Heritage at Cutchogue (aka Harvest Pointe) has requested an amendment to the
conditions and covenants for this site plan, which was approved by the Planning Board
on August 14, 2017. Currently the covenants state that the clubhouse and pool
amenities must receive certificates of occupancy before any residential units receive
certificates of occupancy (c.o.'s), and that 75% of the c.o.'s for Phase One must be
completed prior to receiving building permits to begin Phase Two of the project. The
owner has requested that the residences in Phase One be allowed to be issued c.o.'s
prior to the clubhouse and pool receiving c.o.'s, and that the requirement that 75% of
the units in Phase One receive c.o.'s be reduced or eliminated as a requirement to
begin subsequent phases of construction. The covenants state that amendments may
be considered only after a public hearing and with a majority plus one vote of the
Planning Board. The property is located at 75 Schoolhouse Road, Cutchogue.
SCTM#1000-102-1-33.3.
Martin Sidor:
WHEREAS, this site plan for 124 residential units was approved on September 20,
2017 with a number of conditions, many of which were also recorded as covenants and
restrictions that run with the land; and
WHEREAS, the applicant has requested that the following covenants be amended as
follow:
Item 3.
The Project shall be constructed in four phases, according to the
Construction Phasing Plan approved for the Project by the Planning Board,
unless otherwise approved by the Planning Board. Prior to commencement of
Phases 2, 3 or 4 of the Project, certificates of occupancy shall have been
issued for at least 75 % of the units,include in the prior phase.
Southold Town Planning Board Page 123 December 3, 2018
Requested amendment: Allow construction to begin for units in Phases 2, 3
and 4 prior to 75% of the certificates of occupancy being received for units in
prior phases.
Item 15.
Prior to issuance of certificates of occupancy for any residential units on the
Property:
a. the clubhouse, pool and associated site work on the Property shall be
completed, and a certificate of occupancy for those amenities shall be
issued.
Requested amendment: Allow certificates of occupancy for residential units to
be issued prior to certificates of occupancy being issued for the clubhouse
and the pool; and
WHEREAS, the terms of the covenants state that any consideration of an amendment
requires a public hearing before the Planning Board, and that any decision to amend
the covenants requiresa majority plus one vote; therefore be it
RESOLVED, that the Southold Town Planning Board sets Monday, January 14, 2019
at 6:03 p.m. for the public hearing regarding an amendment to the conditions and
covenants of the site plan approval referenced above.
Mary Eisenstein: Second.
Chairman Wilcenski: Motion made by Jim, seconded by Mary. Any discussion? All in
favor?
Ayes.
Opposed?
None.
Motion carries.
PUBLIC HEARINGS
Chairman Wilcenski: 6:01 p.m. — North Fork Woodworks —This site plan is for the
proposed conversion of an existing 2,195 sq. ft. building to an office with accessory
apartment, construction of a,744 sq. ft. accessory garage and 18 parking stalls on 0.46
acres in the Hamlet Business Zoning District. The property is located at 810 Traveler
Street, .Southold. SCTM#1000-61-1-15.3.
Southold Town Planning Board Page 124 December 3, 2018
Chairman Wilcenski: At this point if anyone would like to address the Board regarding
North Fork Woodworks, please step to one of the podiums, state your name, write your
name for the record and address your comments to the Board.
Paulette Ofrias: My name is Paulette Ofrias. I'm the owner of the building on the south
side of North Fork Woodworks and I also own Southold Pharmacy. I know the office
and the accessory apartment are already existing and we have no problem with that,
our concern is with the proposed garage and the .back part of the building, that the
runoff will affect our building. I should preface this by saying I'm not an engineer, I'm not
a draft person. I've looked at all these pages and a lot of it didn't make sense to me.
Our property is very low from Route 25, it goes low and from the back, it goes low.
know they've proposed to put, I guess, it's drywell there and I'm not sure it'll be enough
to prevent the runoff to our property. I also have a question, and again, I don't know if
this is appropriate for the use of the basement of the garage. They plan on putting a
basement under the garage and the stairwell; again, it's on the south side on the
outside of the building. So I'm just questioning: what's the uses for the basement of that
building?
Chairman Wilcenski: Does staff know what that use is? I don't think we have a
determined use, do we? Is it on the plan?
Brian Cummings: It's been noted as storage only.
Paulette Ofrias: I can't imagine how they could get anything down there with the
stairwell in the back like it is, because it's so close to the property line. They're
contractors, I would imagine they'd put big stuff down there and I don't know how they
would get big stuff down that stairwell into the basement. I could be really wrong about
this.
Chairman Wilcenski: That's the reason for this public hearing, is to take information.
So we'll make sure that we request that information from the applicant.
Paulette Ofrias: Okay. And If I could just ask another question? Because, again, I don't
know.
Chairman Wilcenski: Sure.
Paulette Ofrias: The drawing they have, I guess they're bales of hay, that they put on
either sides of this proposed building that they're going to do and I imagine that's to
prevent runoff?
Chairman Wilcenski: Yes.
Paulette Ofrias: And then, it's removed after the building is done?
Southold Town Planning Board Page 125 December 3, 2018
Chairman Wilcenski: Yes. Typically it's a silk fence and hay bales that are put up to
protect any runoff and then once it's finished, created to whatever they use to finish the
surface. Whether it's gravel, lawn or whatever and then it could be removed.
Paulette Ofrias: And then, if there is runoff after the fact?
Chairman Wilcenski: Well they're responsible for retaining all the runoff from on their
property.
Paulette Ofrias: Okay. And I think the building looks great! It sure looks better than
what was there, I'm not here to be adversarial at all, I just need to protect my property
on the other side.
Chairman Wilcenski: Understood.
Paulette Ofrias: Okay. Thank you so much.
Chairman Wilcenski: Okay. Thank you. Would anybody else like to address the board
on North Fork Woodworks?
Andrew Sharin: How are you doing? I'm Andrew Sharin and this is my fiance Jaqueline
Constantino, we own 295 Beckwith. So if you bring it up, it's probably the property that's
affected by this the most. It's the house towards the back of the property where the
barn will be.
Chairman Wilcenski: Is that correct? Where he's pointing?
Andrew Sharin: That's correct. So, we just purchased the house in May and we
invested a lot of money into restoring it. It was built in the 1900's and we've brought it
back the correct way, doing everything to the period of time so we're a little concerned
with the commercial developing of the area. We are all about small businesses, my dad
owns a small business, my mom did, we do currently, so we're all about business and
developing but we are concerned with eh commercial aspect of this. I believe it was in
2016 or 2015, they applied for a permit and stated at the time that they had two
employees and an occasional guest and now they're asking for 18 parking spots, which,
we feel is a lot of potential in-and-out for that size of a business, or, what they're saying
the size of the business is. I also have the runoff concern because their property is
definitely higher than our backyard there; you can see that barn/shed/garage that we
have. Behind that, it goes straight down back there and their property is definitely
higher..When you're standing back there, you're almost looking at the tires of the
vehicles, that's how much lower it is. And then conversely, our house is almost three full
stories with our back bedroom on the second floor so when we look out our bedroom
windows, we see vehicles, big white vans. It's all we see now. You can see them in the
picture there. And again, for a business that said a couple years ago, they only had two
employees, it sounds like their growing. Which is great for them, but to what level are
they going to grow? What does it look like in another five years from right now? As it is
Southold Town Planning Board Page 126 December 3, 2018
now, this doesn't happen every day, but there are mornings when we are woken up in
the morning by noise and -maybe they're contractors or something - either starting early
in the morning and/or coming back late at night where we hear commotion. And then
concerning the barn, our thought is: what is the purpose of the barn? It's a good size
barn, it's not huge but are they going to be in their actually doing woodworking? Or is it
strictly to park vehicles? I have a work-from-home job where I'm right in my bedroom
and I can hear them all day long so again, just to what level of commercial are they
going to be going here?
Chairman Wilcenski: Okay.
Andrew Sharin: And then also, sorry, so again, this lady here mentioned the trees and
hay bales and whatnot. So there are trees there now, so I don't know if this is to
propose more trees or just the same trees but if they're the trees, they're not sufficient.
mean, they're small, some of them, they must've maybe been planted years ago and
they didn't take and they almost look like they're potentially dying or not growing. And
then it also states a fence, so again, is the fence something new? Or is it the fence
that's there now? Which is not very adequate.
Chairman Wilcenski: We'll that's something that we'll take all of your comments and,
through the site plan process, we'll address them through the site plan application.
Andrew Sharin: Okay.
Chairman Wilcenski: So those questions and concerns will be addressed.
Andrew Sharin: Okay, great. And then, I'm not familiar with this process either, will we
get those answers? Is there any action that we can take here?
Chairman Wilcenski: This is the public hearing and once the staff sends out referrals
to all the agencies involved, they'll bring in all the information and gather it. So there are
public notices for work sessions, when they'll be on. And you can come, sit and listen,
you can't really ask questions but you can also always call into the planning staff and
ask questions. They'd be really glad to help you with where the project is and what
phase it's in.
Andrew Sharin: So is there a point where it becomes where we appeal or petition
something if we don't agree or is it your word's final and if you don't think they need
trees, then they don't need trees? How does that part of it work? We definitely feel like
this: we moved out here, none of us are from this area, it's a beautiful area, we know
that Peconic and Southold really try to uphold what this area is all about. I mean, again,
we're super pro-business, small business and medium business but 18 parking spots is
a lot of parking spots for a small business, especially in this area. It's quiet where we
are, I mean, up where the pharmacy is, it's on Main Street. You expect the traffic; we're
also on a one-way road. Which means to get there, those 18 cars are most likely
coming down our road if they're coming from main street, so it's very impactful to our
Southold Town Planning Board Page 127 December 3, 2018
neighborhood in that little corner. Unfortunately, we are by far the most impacted and
almost the only impacted from a visual standpoint. I also saw in their application before
they noted that they wouldn't be causing any visual disturbance because this stuff is all
set back from the road, which is true for the people driving by, just not true for us. We'll
literally be looking at the barn and their vehicles all day long, every day.
Chairman Wilcenski: Okay. All of your comments and everyone else's comments will
be taken into consideration through the referral process and the site plan process.
Thank you. Would anybody else like to address the board on North Fork Woodworks?
Anyone? Seeing none, can I have a motion to close the hearing?
Pierce Rafferty: I make a motion to close the hearing.
James H. Rich III: I second.
Chairman Wilcenski: Motion made by Pierce, seconded by Jim. Any discussion? All in
favor?
Ayes.
Opposed?
None.
Motion carries.
APPROVAL OF PLANNING BOARD MINUTES
Chairman Wilcenski: We need a motion to approve the board minutes from:
• November 5, 2018
Martin Sidor: So moved.
Mary Eisenstein: Second.
Chairman Wilcenski: Motion made by Martin, seconded by Mary. Any discussion? All
in favor?
Ayes.
Opposed?
None.
Motion carries
Southold Town Planning Board Page 128 December 3, 2018
Chairman Wilcenski: We need a motion for adjournment.
Martin Sidor: So moved.
James H. Rich III: Second.
Chairman Wilcenski: Motion made by Martin, seconded by Jim. Any discussion? All in
favor?
Ayes.
Opposed?
None.
Motion carries.
There being no further business to come before the Board, the meeting was adjourned.
Respectfully submitted,
Jessica ichaelis
Transcribing Secretary
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