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Home My WebLink AboutPB-06/03/2019 OFFICE LOCATION: MAILING ADDRESS: Town Hall Annex ��®f so P.O.Box 1179 54375 State Route 25 ®� Southold, NY 11971 (cor.Main Rd. &Youngs Ave.) Southold NY '° fay Telephone: 631 765-1938 ' www.southoldtownny.gov COW N PLANNING BOARD OFFICE TOWN OF SOUTHOLD R CEIVED w ,,,JUL 1 9 2019C1 1.0 1 lxwl- Sou old Town Clerk PUBLIC MEETING MINUTES June 3, 2019 6:00 p.m. Present were: James H. Rich III, Vice-Chairman Martin Sidor, Member Pierce Rafferty, Member Mary Eisenstein, Member Erica Bufkins, Planner Trainee Jessica Michaelis, Office Assistant SETTING OF THE NEXT PLANNING BOARD MEETING Vice-Chairman Rich: Good afternoon and welcome to the June 3, 2019 Planning Board meeting. The first order of business is for the Board to set Monday, July 8, 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. Martin Sidor: So moved. Mary Eisenstein: Second. Vice-Chairman Rich: Motion made by Martin, seconded by Mary. Any discussion? All in favor? Ayes. Southold Town Planning Board Page 12 June 3, 2019 Opposed? None. Motion carries. SUBDIVISIONS - STATE ENVIRONMENTAL QUALITY REVIEW ACT (SEQRA) SEQRA Determinations: Vice-Chairman Rich: Hound Lane Restaurant—This site plan is for the proposed conversion of an existing 2,815 sq. ft. building into a restaurant on the first floor, the construction of a 2,329 sq. ft. second story addition for two apartments (ZBA file #7237), twenty-six parking spaces and an existing 280 sq. ft. accessory building to remain for dry storage all on .46 acres in the B Zoning District. SCTM#1000-12-1-7.1 Pierce Rafferty: WHEREAS, this site plan is for the proposed conversion of an existing 2,815 sq. ft. building into a restaurant on the first floor, the construction of a 2,329 sq. ft. second story addition for two apartments (ZBA file 7237), twenty-six parking spaces and an existing 280 sq. ft. accessory building to remain for dry storage all on .46 acres in the B Zoning District; and WHEREAS, the Southold Town Planning Board, pursuant to State Environmental Quality Review Act (SEQRA) 6 NYCRR, Part 617, has determined that the proposed action is an Unlisted Action as it does not meet any of the thresholds of a Type I Action, nor does it meet any of the criteria on the Type II list of actions; and WHEREAS, the Planning Board performed a coordinated review of this Unlisted Action pursuant to 6 NYCRR Part 617, Section 617.7 of the State Environmental Quality Review Act (SEQRA); be it therefore RESOLVED, that the Southold Town Planning Board hereby declares Lead Agency status for the SEQRA review of this Unlisted Action. c Martin Sidor: Second. Vice-Chairman Rich: Motion made by Pierce, seconded by Martin. Any discussion? All in favor? Ayes. Opposed? Southold Town Planning Board Page 13 June 3, 2019 None. Motion carries. Pierce Rafferty: And be it further RESOLVED, that the Southold Town Planning Board, as Lead Agency pursuant to SEQRA, hereby makes a determination of non-significance for the proposed action and grants a Negative Declaration. Martin Sidor: Second. Vice-Chairman Rich: Motion made by Pierce, seconded by Martin. Any discussion? All in favor? Ayes. Opposed? None. Motion carries. SITE PLANS i Determinations: Vice-Chairman Rich: Berry & Berry, LLC - This proposed Site Plan Application is to convert an existing 1,096 sq. ft. dwelling to a business office and construct a 2,560 sq. ft. four bay storage garage pursuant to ZBA File #6818 on 20,419 sq. ft. (0.47 acres) in the General Business (B) Zoning District. The property is located at 41535 NYS Route 25, ±495' s/w/o Peconic Lane & NYS Route 25, Peconic. SCTM#1000-75-5-13 Martin Sidor: WHEREAS, this proposed Site Plan Application is to convert an existing 1,096 sq. ft. dwelling to a business office and construct a 64' x 40' (2,560 sq. ft.) four bay storage garage pursuant to ZBA File #6818 on 20,419 sq. ft. (0.47 acres) in the General Business (B) Zoning District, Peconic; and WHEREAS, on November 17, 2014, Patricia Moore, authorized agent, submitted a Site Plan Application for review; and Southold Town Planning Board Page 14 June 3, 2019 WHEREAS, on December 10, 2014, Patricia Moore, authorized agent, submitted additional materials and information for review; and WHEREAS, on January 12, 2015, the Planning Board found the application incomplete for review and required certain information to be submitted; and WHEREAS, on February 24, 2015, the Zoning Board of Appeals (ZBA) granted a front yard area variance under file #6818 for the proposed application; and WHEREAS, on March 19, 2015, Patricia Moore, authorized agent, submitted materials and information required for review; and WHEREAS, on April 6, 2015, the Planning Board found the application incomplete for review until the site plans provided were stamped by a NYS licensed professional as required; and WHEREAS, on May 4, 2015, the Planning Board accepted the application as complete for review; and WHEREAS, on May 4, 2015, the Southold Town Planning Board, pursuant to State Environmental Quality Review Act (SEQRA) 6 NYCRR, Part 617, determined that the proposed action is an Unlisted Action as it does not meet any of the thresholds of a Type I Action, nor does it meet any of the criteria on the Type II list of actions; and WHEREAS, on May 11, 2015, 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 May 13, 2015, the Southold Town Fire Inspector reviewed and determined that there was adequate fire protection and emergency access for the site; and WHEREAS, on May 14, 2015, the Southold Town Engineer reviewed the proposed project and provided certain recommendations that were incorporated into the site plan to ensure all drainage meets the minimum requirements of Chapter 236 for Storm Water Management; and WHEREAS, on May 29, 2015, 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; and WHEREAS, on June 1, 2015, the Southold Fire District determined there was adequate fire protection for the site; and Southold Town Planning Board Page 15 June 3, 2019 WHEREAS, on June 1, 2015, a Public Hearing was held and closed; and WHEREAS, on June 9, 2015, the Architectural Review Committee reviewed the proposed project and approved it as submitted; and WHEREAS, on June 30, 2015, Patricia Moore, authorized agent, submitted building materials and information required for review; and WHEREAS, at their Work Session, held on July 6, 2015, the Southold Town Planning Board reviewed the proposed Site Plan and determined that all applicable requirements of the Site Plan Regulations were met with exception of approval from the Suffolk County Department of Health Services (SCDHS), approval for a highway work permit from the New York State Department of Environmental Conservation (NYSDEC) and the submission of final site plans; and WHEREAS, on July 6, 2015, the Southold Town Planning Board, as Lead Agency pursuant to SEQRA, made a determination of non-significance for the proposed action and granted a Negative Declaration; and WHEREAS, on July 8, 2015, Patricia Moore, authorized agent, submitted a revised photometric plan for review as required; and WHEREAS, on July 27, 2015, the Southold Town Chief Building Inspector reviewed and certified the proposed contractors business as a permitted use in the General Business (B) Zoning District pursuant to ZBA file #6818; and WHEREAS, on October 31, 2017, Patricia Moore, authorized agent, submitted the Suffolk County Department of Health Services (SCDHS) approval for the subject parcel reference #C10-15-0011 for "Multiple Uses (per plan)" @ 272 gallons per day; and WHEREAS, on May 14, 2019, Patricia Moore, authorized agent, submitted highway work permit#20181049885 issued by the NYSDOT for the subject parcel; and WHEREAS, on June 3, 2019, 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, have been met; therefore be it 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. Mary Eisenstein: Second. Vice-Chairman Rich: Motion made by Martin, seconded by Mary. Any discussion? All in favor? Southold Town Planning Board Page 16 June 3, 2019 Ayes. Opposed? None. Motion carries. Martin Sidor: And be it further RESOLVED, that the Southold Town Planning Board grants approval for the site plan entitled "Berry & Berry LLC', prepared by James Deerkoski, P.E. dated March 3, 2015 and last revised February 25, 2015 and authorizes the Chairman to endorse the Site Plan. Mary Eisenstein: Second. Vice-Chairman Rich: Motion made by Martin, seconded by Mary. Any discussion? All in favor? Ayes. Opposed? None. Motion carries. Amendments to Conditions of Site Plan Approval: Vice-Chairman Rich: Heritage at Cutchogue (aka Harvest Pointe) —The owner of the Heritage at Cutchogue (aka Harvest Pointe) has requested an amendment to the conditions for this site plan, which was approved by the Planning Board on August 14, 2017, and amended on February 11, 2019. The conditions to be amended are related to removing the prohibition on tree clearing in June and July, and the interchangeability of architectural design variations among units with the same letter designation (A units with other A units, B units with other B units) in all phases going forward,, The property is located at 75 Schoolhouse Road, Cutchogue. SCTM#1000-102-1-33.3 Southold Town Planning Board Page 17 June 3, 2019 Mary Eisenstein: WHEREAS, the owner of the Heritage at Cutchogue (aka Harvest Pointe) has requested an amendment to the conditions for this site plan, approved by the Planning Board on August 14, 2017, and amended on February 11, 2019. The condition to be amended is condition 20 (c) in the February 11, 2019 amended approval, which reads as follows: tree removal will be avoided during the [Northern long-eared bat]pup season from June 1 through July 31; and WHEREAS, the Planning Board has determined that this condition prohibiting clearing in June and July is no longer necessary based on the findings of the report entitled Northern Long-eared Bat Investigation from Nelson, Pope & Voorhis, LLC dated May 12, 2017. This report states that the remaining areas to be cleared did not contain any suitable roosting habitat for Northern long-eared bats due to the absence of suitable trees; all remaining trees to be removed were too small or did not contain cavities for bat roosting; be it therefore RESOLVED, that the Southold Town Planning Board hereby amends condition number 20 of the amended site plan approval dated February 11, 2019, to read as follows: 20.To minimize loss of Northern long-eared bat (Myotis septentrionalis), the following actions shall be taken: a. Trees capable of providing roosts outside the buffer.shall be preserved to the greatest extent practicable. b. A wildlife biologist experienced with finding bats will be deployed on site prior to any tree-clearing to search for any signs of bat roosting. Pierce Rafferty: Second. Vice-Chairman Rich: Motion made,by Mary, seconded by Pierce. Any discussion? All in favor? Ayes. i Opposed? None. Motion carries. Southold Town Planning Board Page 18 June 3, 2019 PUBLIC HEARING Vice-Chairman Rich: 6:01 p.m. —Wickham &Wickham Resubdivision —The resubdivision proposes to merge part of,Lot 2 with Lot 1. Lot 1 (SCTM#1000-103.-11- 21) is 0.54 acres. Lot 2 contains two tax parcels, SCTM#1000-103.-11-22.1, the reserved area of 0.39 acres, and SCTM#1000-103.-11-22.2, the farm area where the development rights are held by Suffolk County. As a result of this resubdivision, Lot 2 will no longer contain a reserved area, and Lot 1 will increase in size from 0.54 acres to 0.93 acres, in the R-80 Zoning District. The Zoning Board of Appeals granted a variance for the nonconforming lot size in File: 7101. This parcel is located on a right-of- way +/- 200' southwest of Old Pasture Road in Cutchogue. SCTM#1000-103-11-21, 22.1 & 22.2 Vice-Chairman Rich: At this time I would like to ask that anyone who would like to address the board would step to the podium, state your name, write your name for the record and address your comments to the board. Thank you. Abigail Wickham: Good Evening, Abigail Wickham representing the other Wickham's who are applying. This is an application merely to move an irregular L-shaped piece of property which is part of the farm now but is not used as farming, over to the residential lot to the east, which is quite undersized. The residential garage which is on the farm parcel will be included, as well as some additional frontage. The red tear drop is actually on the adjoining parcel, it is not that farm, it is the farm right there where the white arrow is. That is where we are removing the piece from and moving it to the residential piece. Any questions? I'm happy to answer them. Vice-Chairman Rich: Anyone have any questions? No? Would anyone else like to address the board? Hearing and seeing none. Can I get a motion to close the hearing? Martin Sidor: So moved. Pierce Rafferty: Second. Vice-Chairman Rich: Motion made by Martin, seconded by Pierce. Any discussion? All in favor? Ayes. Opposed? None. Motion carries. Southold Town Planning Board Page 19 June 3, 2019 Vice-Chairman Rich: 6.02 p.m. — 260 Hortons Lane Resubdivision —This resubdivision proposes to transfer 0.07 acres (3,240 sq. ft.) from SCTM#1000-61.-1-9.3 to SCTM#1000-61.-1-3.1. As a result of this resubdivision, Lot 9.3 will decrease in size from 2.53 acres to 2.46 acres and Lot 3.1 will increase in size from 0.48 acres to 0.55 acres in the HB Zoning District. The properties are located at 260 Hortons Lane and 53095 State Route 25, on the east side of Hortons Lane, +/- 250' northwest of SR 25 in Southold. SCTM#1000-61.-1-3.1 Vice-Chairman Rich: If anyone would like to address the board on 260 Horton's Lane Resubdivision, please step to one of the podiums, state your name and write your name for the record and address your comments to the board. Anyone? Hearing and seeing none. Can I get a motion to close the hearing? r Pierce Rafferty: So moved. Mary Eisenstein: Second. Vice-Chairman Rich: Motion made by Pierce, seconded by Mary. Any discussion? All in favor? Ayes. Opposed? None. Motion carries. APPROVAL OF PLANNING BOARD MINUTES Vice-Chairman Rich: We need a motion to approve the board minutes from: • May 6, 2019 Martin Sidor: So moved. Mary Eisenstein: Second. Vice-Chairman Rich: Motion made by Martin, seconded'by Mary. Any discussion? All in favor? Ayes. Opposed? None. Southold Town Planning Board Page 110 June 3, 2019 Motion carries. Vice-Chairman Rich: We need a motion for adjournment. Pierce Rafferty: I'd like to make a motion for adjournment. Mary Eisenstein: Second. Vice-Chairman Rich: Motion made by Pierce, seconded by Mary. 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 Michaelis Transcribing Secretary Donald J. Wilcenski, Chairman RECEIVED JUS 11 92019 CPI,VO wrn^ SZ thold Towri Cerk f