HomeMy WebLinkAboutPB-12/02/2019 OFFICE LOCATION: MAILING ADDRESS:
Town Hall Annex ®f ® P.O. Box 1179
54375 State Route 25 ®�`� Southold, NY 11971
(cor. Main Rd. &Youngs Ave.) »'
Southold,NY k Telephone: 631765-1938
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PLANNING BOARD OFFICE V"@ `3"50 Pr1
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PUBLIC MEETING
MINUTES
December 2, 2019
6:00 p.m.
Present were: 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
William Duffy, Town Attorney
Jessica Michaelis, Office Assistant
SETTING OF THE NEXT PLANNING BOARD MEETING
Vice-Chairman Rich: Good afternoon and welcome to the December 2, 2019 Planning
Board meeting. The first order of business is for the Board to set Monday, January 13,
2020 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.
Pierce Rafferty: So moved.
Mary Eisenstein: Second.
Southold Town Planning Board Page 12 December 2, 2019
Vice-Chairman Rich: Motion made by Pierce, seconded by Mary. Any discussion? All
in favor?
Ayes.
Opposed?
None.
Motion carries.
SUBDIVISIONS
Conditional Sketch Plat Determination:
Vice-Chairman Rich: Tuthill Conservation Subdivision — This proposal is for an
80/60 Conservation Subdivision of four parcels (total area=112 acres) into 17
residential lots, with 94 acres to be preserved. The properties are located on Main Road
in Orient in the R-80 and R-200 Zoning Districts. SCTM#'s 1000-17-4-16, 1000-17-6-
14.2, 1000-18-3-30.3 and 1000-18-6-17.3
Pierce Rafferty:
WHEREAS; this proposal is for an 80/60 Conservation Subdivision of four parcels
SCTM#s1000-17-4-16, 1000-17-6-14.2, 1000-18-3-30.3 and 1000-18-6-17.3 (total area
= 112 acres) into 17 residential lots, with 94 acres to be preserved. This project
includes the transfer of yield among the four parcels pursuant to §240-42 F of the
Southold Town Code.
SCTM#1000-17-4-16 (North Dyer) equals 21 acres proposed to be subdivided into 6
lots where the lots range in size from 0.7 - 0.9 acres. This property includes a 0.7 acre
private right-of-way and 15.6 acres of preserved open space inclusive of 6 acres of
unbuildable lands.
SCTM#1000-17-6-14.2 (South Dyer) equals 35.3 acres proposed to be subdivided into
5 lots where the lots range in size from 0.5 - 0.9 acres; property includes a 0.5 acre
right-of-way and 28.5 acres of open space inclusive of 15 acres of unbuildable lands.
SCTM#1000-18-3-30.3 (North Brown) equals 28.7 acres proposed to be subdivided into
5 lots where the lots range in size from 0.7 - 0.8 acres. This property includes a 1.3 acre
private right-of-way and 23.7 acres of open space inclusive of 2 acres of unbuildable
lands.
SCTM#1000-18-6-17.3 (South Brown) equals 26.9 acres proposed to be subdivided
where Lot 1 equals 0.92 acres. This property includes 25.5 acres of open space
inclusive of 0.62 acres of unbuildable lands; and
Southold Town Planning Board Page 13 December 2, 2019
WHEREAS, on July 3, 2014 the agent submitted a Sketch Plan Application and fee in
the amount of$500.00 with other required materials for submission pursuant to Article
V Sketch Plat Review; and
WHEREAS, on August 5, 2014 the Planning Board found the Sketch Plan Application
complete; and
WHEREAS, pursuant 6 NYCRR Part 617, Section 617.7 of the State Environmental
Quality Review Act (SEQRA), the Planning Board coordinated with all involved and
interested agencies on October 8, 2014; and
WHEREAS, no objections to the Planning Board taking lead agency were received by
any coordinated agency; and
WHEREAS, at the October 20, 2014 work session the Planning Board required a Visual
Impact Study for the proposed action; and
WHEREAS, on November 3, 2014 the Planning Board held a public hearing on the
upon the maps entitled "Sketch Plan North Dyer", "Sketch Plan South Dyer Lots",
"Sketch Plan North Brown Lots", and "Sketch Plan South Brown" prepared by Nathan
Taft Corwin III, Land Surveyor, dated April 1, 2011 and last revised October 22, 2013;
and
WHEREAS, On December 15, 2014 due to public input the Public Hearing was held
open; and
WHEREAS, pursuant to 6 NYCRR Part 617.4 (b) (8) of the NY State Environmental
Quality Review Act (SEQRA) "Any Unlisted Action that includes a non-agricultural use
occurring wholly or partially within an Agricultural District (certified pursuant to
Agriculture and Markets Law, Article 25-AA, Sections 303 and 304) and exceeds 25
percent of any threshold established in this section" is a Type I Action under SEQRA;
and
WHEREAS, pursuant to 6 NYCRR Part 617.4 (b) (5) of SEQRA, one of the thresholds
established for a Type I Action is the following: "Construction of new residential units
that meet or exceed the following thresholds: 50 units not to be connected (at the
commencement of habitation) to existing community or public water and sewerage
systems including sewage treatment works" and 25 percent of this threshold equals
12.5 residential units; and
WHEREAS, pursuant to 6 NYCRR Part 617.4 (b) (9) of SEQRA, another Type 1 Action
is "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 that is listed on the National
Register of Historic Places, or that has been proposed by the New York State Board on
Southold Town Planning Board Page 14 December 2, 2019
Historic Preservation for a recommendation to the State Historic Preservation Officer for
nomination for inclusion in the National Register, or that is listed on the State Register
of Historic Places (The National Register of Historic Places is established by 36 Code of
Federal Regulation (CFR) Parts 60 and 63, 1994 [see 617.17]"; and
WHEREAS, this proposed subdivision is located substantially contiguous to the Orient
National Historic District located to the east of the South Dyer property; and
WHEREAS, on January 12, 2015 the Planning Board, as Lead Agency, performed a
coordinated review of this Type I action pursuant to 6 NYCRR Part 617, Section 617.7
of the SEQRA; and
WHEREAS, on January 12, 2015 the Public Hearing was adjourned pending the receipt
of a visual impact analysis; and
WHEREAS, on March 10, 2015 the SEQRA public comment timeframe was mutually
extended; and
WHEREAS, on July 6, 2015, the Planning Board, pursuant to SEQRA, made a
determination of significance for the proposed action and issued a Positive Declaration;
and
WHEREAS, on March 23, 2016 the Southold Town Planning Board, as Lead Agency,
found that the Draft Environmental Impact Statement (DEIS) for the Tuthill
Conservation Subdivision dated February 11, 2016 inadequate for public review; and
WHEREAS, on, September 14, 2018 the applicant submitted a revised DEIS; and
WHEREAS, on January 28, 2019 the applicant submitted a one page amendment to
the original DEIS submission which has also been reviewed; and
WHEREAS, on February 11, 2019 the Planning Board determined the DEIS to be
adequate and ready for public review; and
WHEREAS, on March 11, 2019 a public hearing on the DEIS was held and extended
for two weeks for written comment to March 25, 2019; and
WHEREAS, the Planning Board found that the number and content of substantive
public comments on the potential moderate to large impacts to cultural resources
required further coordination with the New York State Office of Parks Recreation and
Historic Preservation and Native American Tribes; and
WHEREAS on September 10, 2019 the Southold Town Planning Board, pursuant to the
State Environmental Quality Review Act, hereby accepted the Final Environmental
Impact Statement (FEIS) for the Tuthill Conservation Subdivision, dated as received
September 9, 2019; and
Southold Town Planning Board Page 15 December 2, 2019
WHEREAS, on November 4, 2019 the Southold Town Planning Board adopted the
Findings Statement for the Tuthill Conservation Subdivision, dated as received
November 4, 2019 pursuant to Article 8 of the Environmental Conservation Law (State
Environmental Quality Review Act) and the implementing regulations of 6 NYCRR Part
617; and
WHEREAS, the proposed subdivision plat presents a proper case for requiring a park
suitably located for recreational purposes, but that a suitable park cannot be properly
located on such subdivision plat; and
WHEREAS, the Planning Board pursuant to §161-15 the Southold Town Highway
Superintendent approved the reduction in Highway Specifications to a 30' wide right of
way on the North Dyer, South Dyer and North Brown parcels, and
WHEREAS, at their November 18, 2019 work session, the Planning Board waived the
clearing restrictions required in § 240-49 Clearing of the Southold Town Code for the
South Dyer and South Brown lots pursuant to Town Code § 240-56 Waivers of Certain
Provisions due to the absence of vegetation, and
WHEREAS, the pursuant to Town Code § 240-38, the Planning Board may waive the
provision of any or all required improvements which, in its judgement and considering
the special circumstances of a particular plat or plats, are not required in the interests of
the public health, safety and general welfare; and
WHEREAS, the Planning Board has found that street trees are not necessary to protect
the public interest on the sections of proposed roads for South Dyer and North Brown
that abut agricultural lands for the following reason:
• Street trees, which are required to be planted outside the right of way on the
adjacent parcel, will interfere with agricultural operations and may have
adverse effects due to shading of crops; and
WHEREAS, the Town Engineering Office and the Highway Superintendent have
approved of the waiver of the street trees as described above; and
WHEREAS, this is an 80160 Conservation Subdivision comprised of 4 parcels and
whereby Chapter 240 Subdivision of Land of the Southold Town Code requires that the
total percent preserved of buildable lands must equal or be greater than 80 percent, a
reduction in 60 percent permissible density is met, and the total developed area must
not be greater than 20 percent; therefore be it
RESOLVED, that the Southold Town Planning Board, as described above, hereby finds
that the proposed subdivision plat presents a proper case for requiring a park suitably
located for recreational purposes, but that a suitable park cannot be properly located on
such subdivision plat, and that the Planning Board will require a Park and Playground
fee in the amount of $45,500 in lieu thereof,
i
Southold Town Planning Board Page 16 December 2, 2019
Martin Sidor: Second.
Vice-Chairman Rich: Motion made by Pierce, seconded by Martin. 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 for
street trees in certain locations as detailed above;
Martin Sidor: Second.
Vice-Chairman Rich: Motion made by Pierce, seconded by Martin. Any discussion? All
in favor?
Ayes.
Opposed?
None.
Motion carries.
Pierce Rafferty: And be it further
RESOLVED, that the Southold Town Planning Board hereby grants Conditional
Sketch Plan Approval upon the maps entitled:
• Sketch Plan North Dyer dated as last revised April 3, 2013,
• Sketch Plan South Dyer dated April 1, 2011,
• Sketch Plan of North Brown dated October 22, 2013,
• Sketch Plan of South Brown dated as last revised April 2, 2013,
with numerous conditions:
Southold Town Planning Board Page 17 December 2, 2019
1. Approval by the Suffolk County Department of Health Services (SCDHS) will be
required prior to Final Plat Approval, and must include the use of
innovative/alternative wastewater treatment systems (I/AOWTS) for Lots 1 through
17 when developed with a residential use, as permitted under SCDHS' Article 19.
2. Coordination with the Orient Fire District.
3. Organize the subdivision map so that all four pages will be filed as one map
containing four pages, one for each of the four properties. Add a page number label
to each "Page 1 of 4", Page 2 of 4, etc.
4. Organize the road and drainage plans in a four-page document with page numbers
"Page 1 of 4", etc.
5. The following changes to the Sketch Plans are required:
• Provide one table with the 80/60 Conservation Subdivisions calculations for the
existing four parcels, including a total'for the four parcels combined.
North Dyer
a. Title the plat:
Tuthill 80/60 Clustered Conservation Subdivision North Dyer Final Plat.
b. Remove the Subdivision Report Table.
c. Show a Lot Area Table on the plat that includes the total lot area for each
proposed lot, unbuildable lands, the area of the right,of way in the lot and
square footage of areas to be cleared. Include each Open Space Area in this
table.
d. Lighten the Coastal Erosion Hazard Line and, darken the seaward parcel
boundary along the Long Island Sound.
e. Delete the line west of Lot 6 separating the two open space areas to form
one contiguous area of open space.
f. Label the three open space areas as "Open Space A, Open Space B and
Open Space C".
g. Straighten the rear lot lines of 4, 5 and 6, maintaining a minimum 100'
setback from the wetland line.
h. Show building envelopes on each lot with proposed setback distances
labelled.
i; Increase the width of the right of way to 30' and consider shortening. Retain
the historic rock walls where possible. A turn-around design for fire apparatus
is required. Permissible designs include a 120' Hammerhead, an Alternative
to 120' Hammerhead or a 60 Foot "Y". An illustration of each design is
attached.
Southold Town Planning Board Page 18 December 2, 2019
j. Divide the right of way proportionately between the six lots. Each lot will own
a portion of the right of way. Include the square footage of the right of way in
the Lot Area Table.
k. Provide a name for the road.
I. Show and label a 10' wide shoreline access from the end of the right of way
over Lot 4.
m. Show the relocated lot from South Dyer and label as lot 7. If the lot is to be
located in the southeast of the parcel, retain or move the historic rock wall
within the open space.
n. North Dyer Road and Drainage Plan
i. Submit 6 copies of a Road and Drainage Plan that satisfies the
requirements mandated through §240-21 Technical requirements.
ii. Title the plans: Final Road and Drainage Plans.
iii. A 30' wide right of way and a 26' wide load bearing surface is required.
Utilities can be located under the road. Include a centerline profile and
road cross section, utility detail and asphalt apron design on the plans.
iv. Drainage for the road is recommended as passive swales or similar for
the private access road. Contact the office of the Town Engineer to
discuss an alternative "greener" storm water control systems.
V. Provide test hole data for each parcel.
vi. Show street trees or identify existing trees that would be acceptable as
street trees on each residential lot. Planted street trees shall be shown
40' on center. Trees that are identified in lieu of planting must also be
shown on the final plat. The designation of existing trees will require
consultation with planning staff.
vii. Show property boundary concrete monuments.
viii. Show fire well (to be determined).
ix. Add a notation "Refer to the corresponding Road & Drainage Plan, on
file with the Southold Town Planning Department, for additional details
and specifications for road and drainage construction
South Dyer
a. Title plat:
Tuthill 80/60 Clustered Conservation Subdivision South Dyer—Final Plat.
b. Remove the Subdivision Report Table from the plan
c. Show a Lot Area Table on the plat that includes the total lot area, unbuildable
lands (including the 54,985 sq. ft. of subdivision open space from past set-off
Southold Town Planning Board Page 19 December 2, 2019
to be reflected as unbuildable land in the Development Rights To Be Sold
parcel), and the area of the right of way in each of the lots.
d. The redesign of the parcel must achieve a minimum preservation of 80
percent of buildable lands, at least a 60 percent reduction in density and a
maximum 20 percent development area on,the parcel.
e. Relocate one lot from the parcel to the North Dyer parcel.
f. Include the farm stand in the development area calculations and attach the
farm stand to the open space area with a dashed line. Label this area
"Agricultural Development Area".
g. Label the open space area as "Development Rights To Be Sold Area".
h. Remove the 38,850 sq. ft. and 16,166 sq. ft. areas shown on the plan. The
subdivision open space, which equals 54,985 sq. ft. from the set-off of
SCTM#1000-17-6-14.3, will be accounted for in the development rights
easement as part of the open space and is not allowed to be "landed" as a
separate lot area.
i. Show building envelopes on each lot with proposed setback distances
labelled.
j. Increase the width of the right of way to 30'. A turn around design for fire
apparatus is required. Permissible designs include a 120' Hammerhead, an
Alternative to 120' Hammerhead or a 60 Foot "Y". An illustration of each
design is attached.
k. Divide the right of way proportionately between the four lots. Each lot will own
a portion of the right of way. Include the square footage of the right of way in
the Lot Area Table.
I. Provide a name for the road.
m. If residential access to the Orient Harbor is proposed, show a 10' wide
shoreline access.
n. Add,a notation "Refer to the corresponding Road & Drainage Plan, on file
with the Southold Town Planning Department, for additional details and
specifications for road and drainage construction.
o. South Dyer Road and Drainage Plan
i. Submit 6 copies of a Road and Drainage Plan that satisfies the
requirements mandated through §240-21 Technical requirements.
ii. Title the plans: Final Road and Drainage Plans.
iii. A 30' wide right of way and a 26' wide load bearing surface is required.
Utilities can be located under the road. Include a centerline profile and
road cross section, utility detail and asphalt apron design on the plans.
Southold Town Planning Board Page 110 December 2, 2019
iv. Drainage for the road is recommended as passive swales or similar for
the private access road. Contact the office of the Town Engineer to
discuss alternative "greener" storm water control systems.
V. Provide test hole data.
vi. Show street trees on the east side of the proposed road where it is
adjacent to the new lots. Street trees shall be planted 40' on-center on
each residential lot or submit a street tree fee in the amount for the
total number of street trees calculated.
vii. Show property boundary concrete monuments.
viii. Show fire well. The location and specifications will be provided.
North Brown
a. Title plat:
b. Tuthill 80/60 Clustered Conservation Subdivision North Brown- Final Plat.
c. Delete the Subdivision Report Table from the plat.
d. Show a Lot Area Table on the plat that includes the total lot area, the unbuildable
lands, the area of the right of way and clearing limits both as a percentage and
square feet.
e. Extend the lot lines of 1, 2, and 3 to the northern boundary (tie line) of the parcel.
This will eliminate the non-contiguous open space shown on the waterfront.
f. Remove the notation "open space" north of the lots. A separate area of open
space does not achieve the goals of this conservation subdivision. Open space
must generally remain undivided. Relabel this area "Non-disturbance buffer". An
alternative may be to redesign the lots to create a substantially contiguous open
space lot that includes some of the bluff and beach.
g. Show building envelopes on each lot with proposed setback distances labelled.
h. Re-locate the access road to the west property boundary. Consolidate the future
curb cuts to State Route 25, if possible, through an agreement to share an
entrance with the adjacent parcel to the west with the access flag (SCTM#
1000-18-3-9.2 (vacant))
i. Increase the width of the right of way to 30'. An alternative turn around design for
fire apparatus is recommended. Permissible designs include a 120'
Hammerhead, an Alternative to 120' Hammerhead or a 60 Foot "Y" as illustrated
in the attachment.
j. Divide the right of way proportionately between the lots. Each lot will own a
portion of the right of way. Include the square footage of the right of way in the
Lot Area Table.
Southold Town Planning Board Page 111 December 2, 2019
k. The Planning Board will permit one, common shoreline access to be constructed
through the non-disturbance buffer to the Long Island Sound in the covenants
and restrictions. Do not illustrate the access on the map.
I. Label the open space area as "Development Rights To Be Sold Area"
m. Show the maximum square footage to be cleared on each lot. The building
envelopes cannot encroach into the areas that will remain un-cleared.
n. Provide a name for the road.
o. North Brown Road and Drainage Plan
i. Submit 6 copies of a Road and Drainage Plan that satisfies the
requirements mandated through §240-21 Technical requirements.
ii. Title the plans: Final Road and Drainage Plans.
iii. Provide test hole data.
iv. A 30' wide right of way and a 26' wide load bearing surface is required.
Utilities can be located under the road. Include a centerline profile and
road cross section, utility detail and asphalt apron design on the plans.
V. Drainage for the road is recommended as passive swales or similar for
the private access road. Contact the office of the Town Engineer to
discuss an alternative "greener" storm water control systems.
vi. Show street trees or identify existing trees that would be acceptable as
street trees on each residential lot. Planted street trees shall be shown 40'
on center. Trees that are identified in lieu of planting must also be shown
on the final plat. The designation of existing trees will require consultation
with planning staff.
vii. Show proposed locations of property boundary concrete monuments for
each lot.
viii. Show fire well. The location and specifications,will-be provided
ix. Add a notation "Refer to the corresponding Road & Drainage Plan, on file
with the Southold Town Planning Department, for additional details and
specifications for road and drainage construction
South Brown
a. Title plat: Tuthill 80/60 Clustered Conservation Subdivision South Brown —
Final Plat.
b. Attach Lot 1 to the open space area by replacing the solid line of the lot
with a dashed line. Label the area as "Development Area".
c. Label the open space area as "Development Rights To Be Sold Area"
Southold Town Planning Board Page 112 December 2, 2019
d. Clearing limits have been waived and therefore there is no need to
provide calculations.
e. Remove the Subdivision Report table from the plat.
f. Show a Lot Area Table on the plat that includes the total lot area, the
unbuildable lands, the Development Area without the driveway area, the
area of the driveway, and the area of the Development Rights To Be Sold
Area.
g. The proposed width of 15' for the driveway is permissible. It is
recommended that passive drainage is designed to manage stormwater.
h. Show proposed locations of property boundary concrete monuments for
the development area.
i. Fire protection will to be determined by the Orient Fire District and details
will be proved to you in the future.
6. Two copies of a cost estimate of public improvements required under Articles IX,
Bonds and Other Security and X, Required Public Improvements, Inspections; Fees
will be required to be submitted during the Final Plat application review.
7. During the Final Plat application review, attain coverage from New York State
Department of Environmental Conservation (NYSDEC) under the Phase II State
Pollutant Discharge Elimination System (SPDES) Program. Submit the NYSDEC
SWPPP and-NOI submission directly to the Department of Environmental
Conservation for their review and approval. A copy of the SWPPP must also be
submitted to the Town Engineering Department prior to any commencement of
construction and/or the beginning of work.
8. The October 20, 2014 Southold Board of Trustees memorandum indicated that the
proposed action is not within their jurisdiction except for shoreline access. A future
permit from the Board of Trustees for shoreline access paths and structures will be
required prior to construction.
9. Submit a Tidal Wetlands Permit, as required by the New York State Department of
Environmental Conservation (NYSDEC). Application directly to the NYSDEC is
required during the Final Plat application review.
10.A NYSDOT Highway Work Permit will be required for work within the NYS Route 25
right of way. Application directly to the NYSDOT is required during the Final Plat
application review.
11.Submit agreed upon draft covenants and restrictions. A draft template will be
provided by the Planning Department during the Final Plat application review.
12.A Park & Playground fee of $45,500 (13 x $3500.00) pursuant to §240-53 G of the
Southold Town Code, will be required to be submitted prior to Final Plat approval.
Southold Town Planning Board Page 113 December 2, 2019
13.An Administration Fee in the amount of$34,000 (17 x 2000.00) or 6% of the _
combined performance guaranty estimates, whichever is greater, pursuant to
Southold Town Code §240-37 Administration fee may be required to be submitted
prior to Final Plat approval.
14.Submit a Final Plat Application meeting all the requirements of Section 240-20 of
the Southold Town Code.
Martin Sidor: Second.
Vice-Chairman Rich: Motion made by Pierce, seconded by Martin. Any discussion? All
in favor?
Ayes.
Opposed?
None.
Motion carries.
Set Hearings/SEQRA Type Classifications:
Vice-Chairman Rich: Baker & Baker Resubdivision —This resubdivision proposes to
reconfigure the location and direction of the lot line separating SCTM#1000-10.-5-10 &
12.3, including a transfer of 5 sq. ft. from SCTM#1000-10.-5-10 to SCTM#1000-10.-5-
12.3, in the R-120 Zoning District. As a result of this resubdivision, Lot 10 will total
127,942 sq. ft. and Lot 12.3 will total 64,360 sq. ft. which is undersized in the R-120
Zoning District. This parcel is located at 1143 Peninsula Road, Fishers Island.
SCTM#1000-10-5-10 & 12.3
Martin Sidor:
WHEREAS, this resubdivision proposes to reconfigure the location and direction of the
lot line separating SCTM#1000-10.-5-10 & 12.3, including a transfer of 5 sq. ft. from
SCTM#1000-10.-5-10 to SCTM#1000-10.-5-12.3, in the R-120 Zoning District; and
WHEREAS, as a result of this resubdivision, Lot 10 will total 127,942 sq. ft. and Lot
12.3 will total 64,360 sq. ft. which is undersized in the R-120 Zoning District, located at
1143 Peninsula Road, Fishers Island; and
WHEREAS, on June 5, 2019, the applicant submitted' a re-subdivision application; and
Southold Town Planning Board Page 114 December 2, 2019
WHEREAS, on July 22, 2019, the Planning Board found the application incomplete, as
the proposal did not meet the minimum requirements of§280 Zoning of the Town Code
for lot area requirements; and
WHEREAS, on October 28, 2019, the applicant received a variance for the undersized
lot area from the Zoning Board of Appeals in file#:7323; and
WHEREAS, on November 18, 2019, the Planning Board found this re-subdivision
application complete; and
WHEREAS, pursuant to §240-56 Waivers of certain provisions, the Southold Town
Planning Board shall have the authority to modify or waive, subject to appropriate
conditions, any provision of these subdivision regulations, if in its judgment they are not
requisite in the interest of the public health, safety and general welfare, except where
such authority would be contrary to other ordinances or state law; and
WHEREAS, the Southold Town Planning Board has determined that the following
provisions of the Southold Town Code §240 Subdivision of Land are not requisite in the
interest of the public health, safety and general welfare because this resubdivision does
not create any additional residential building lots, reduces by one the number of
residential dwelling units, and the amount of land being transferred from one lot to the,
other is small, and therefore are eligible for a waiver:
a. Sketch Plat Review;
b. Existing Resources Site Analysis Plan (ERSAP);
c. Yield Plan;
d. Primary & Secondary Conservation Area Plan;
e. Preliminary Plat Review; 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 a Type II Action under SEQRA according to 617.5(c)(16) "granting of individual
setback and lot line variances and adjustments,"; be it therefore
RESOLVED, that the Southold Town Planning Board hereby classifies this proposed
action as a Type II Action under SEQRA as described above;
Mary Eisenstein: Second.
Vice-Chairman Rich: Motion made by Martin, seconded by Mary., Any discussion? Al[
in favor?
Ayes.
Opposed?
Southold Town Planning Board- Page 115 December 2, 2019
None.
Motion carries.
Martin Sidor: And be it further
RESOLVED, that the Southold Town Planning Board, pursuant to §240-56 Waivers of
certain provisions, hereby waives the following provisions of subdivision:
a. Article V. Sketch Plat Review;
b. §240-10 (A): Existing Resources Site Analysis Plan (ERSAP);
c. §24040 (8):Yield Plan;
d. §240-10 (C): Primary & Secondary Conservation Area Plan;
e. Article VI: Preliminary Plat Review;
Mary Eisenstein: Second.
Vice-Chairman Rich: 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 sets Monday, January 13, 2020
at 6:03 p.m. for a Public Hearing upon the map entitled "Map of James M. & Diane M.
Baker Lot Line Change," prepared by Richard. Strouse; PE, dated April 15, 2019, and
last revised May 29, 2019.
Mary Eisenstein: Second.
Vice-Chairman Rich: Motion made by Martin, seconded by Mary. Any discussion? All
in favor?
Ayes.
Opposed?
Southold Town Planning Board Page 116 December 2, 2019
None.
Motion carries.
Vice-Chairman Rich: Pederson Standard Subdivision —This proposal is for the
Standard Subdivision of a 9.2-acre parcel into 3 lots, where Lot 1 is 5.1 acres, Lot 2 is
2.3 acres, and Lot 3 is 1.8 acres, in the R-40 Zoning District. This parcel is located
south of the intersection of Aquaview Avenue and Circle Drive in East Marion.
SCTM#1000-21-3-15
Mary Eisenstein:
WHEREAS, this proposal is for the Standard Subdivision of a 9.2-acre'parcel into 3
lots, where Lot 1 is 5.1 acres, Lot 2 is 2.3 acres, and Lot 3 is 1.8 acres, in the R-40
Zoning District. This parcel is located south of the intersection of Aquaview Avenue and
Circle Drive in East Marion; and
WHEREAS, on March 12, 2019, the applicant submitted a Sketch Plan application and
fee; and
WHEREAS, on May 6, 2019, the Planning Board required that the applicant submit a
plan corrected for the right of way specifications and revised to remove the notation for
a common driveway on Lot 3; and
WHEREAS, on July 3, 2019, the Sketch Plan application was rendered complete due to
the clarification of the common driveway specifications shown on Sketch Plan AA by the
agent; and
WHEREAS, on July 8, 2019, the Planning Board granted a Conditional Sketch Plan
Approval upon the application; and
WHEREAS, On October 24, 2019, the applicant submitted a Preliminary Plat
application a fee in the amount of$1,000; and
WHEREAS, on November 18, 2019, the Planning Board found the Preliminary Plat
application complete at their work session; and
WHEREAS, on November 18, 2019, the Planning Board found that all of the conditions
of Conditional Sketch Plan Approval were fulfilled; 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 11 list of actions; be it therefore
Southold Town Planning Board Page 117 December 2, 2019
RESOLVED, that the Southold Town Planning Board has-determined that this proposed
action is an Unlisted Action under SEQRA as described above;
Pierce Rafferty: Second.
Vice-Chairman Rich: 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 Southold Town Planning Board sets Monday, January 13, 2020,
at 6:02 p.m. for a Public Hearing upon the map entitled "Mark Pederson & Katarina
Pederson Preliminary Plat", prepared by Howard W. Young, Land Surveyor, dated
August 20, 2019, last revised October 14, 2019
Pierce Rafferty: Second.
Vice-Chairman Rich: Motion made by Mary, seconded by Pierce. Any discussion? All
in favor?
Ayes.
Opposed?
None.
Motion carries
SITE PLANS
Amendments to 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 for this
site plan, which was approved by the Planning Board on August'14, 2017, to add a
pickleball court next to the tennis court. SCTM#1000-102-1-33.3
Southold Town Planning Board Page 118 December 2, 2019
Pierce"Rafferty:
WHEREAS, the owner of the Heritage at Cutchogue (aka Harvest Pointe) requested an
amendment for this site plan, which was approved by the Planning Board on August 14,
2017, to add a single pickleball court of 1,710 square feet located next to the tennis
court; and
WHEREAS, at the work session on November 4, 2019, the Planning Board reviewed
the request and found that the use was allowed and that the change to the site is very
small and is considered 'de-minimus; be it therefore
RESOLVED, that the Southold Town Planning Board approves the addition of the
pickleball court as shown on the plan entitled Pickle Court Layout, Page SP3, prepared
by Timothy A. Rumph R.L.A., dated April 16, 2018 and last revised August 21., 2019.
Martin Sidor: Second.
Vice-Chairman Rich: Motion made by Pierce, seconded by Martin. Any discussion? All
in favor?
Ayes.
Opposed?
None.
Motion carries
Determination:
Vice-Chairman Rich: Peconic Bay Yacht Club Amended —This amended Site Plan
is for a proposed 662 sq. ft. dining room addition to be built over an existing deck, on a
site where there exists an 8,989 sq. ft. restaurant, 50 slip marina with dockmaster
building, parking areas and site drainage on 3.27 acres; adjacent to a boat yard with 71
parking stalls on a 4.74 acre parcel (56.-7-4.1) both in the M-11 Zoning District. The
property is located at 64300 Route 25, Greenport. SCTM#1000-56-7-2
Martin Sidor:
WHEREAS, this amended Site Plan is for a proposed 662 sq. ft. dining room addition to
be built over an existing deck and the increase of seats from 180 to 240, on a site
where there exists an 8,989 sq. ft. restaurant, 50 slip marina with dockmaster building,
parking areas and site drainage on 3.27 acres; adjacent to a boat yard with 71 parking
stalls on a 4.74 acre parcel (56.-7-4.1) both in the M-II Zoning District.and
Southold Town Planning Board Page 119 December 2, 2019
WHEREAS, on September 20, 2012, the Southold Town Zoning Board of Appeals
granted Special Exception approval to operate a restaurant in a Marine-II Zoning
District as applied for under Appeal Number 6589 with the following conditions:
1. The Special Exception Permit granted herein may involve a change in
occupancy or a change in use or a change within a classification of the
occupancy. Therefore, as a condition of approval, the applicant must contact the
Building Department to make the determination whether or not a Building Permit
is required and that changes will be NYS Code compliant.
2. This Special Exception Permit shall be deemed void if the applicant cannot
comply with the minimum on site requirement of 110 parking stalls as calculated
in a Planning Board memoranda, dated September 13, 2012, written by Brian
Cummings, Planner; and
WHEREAS, on April 26, 2013, the applicant submitted a "receipt of filing", verifying the
Covenants and Restrictions were filed with the Suffolk County Clerk regarding the bi-
annual pump-out of the grease trap and septic tanks required every year - Liber
D00012727, Page 711;,and
WHEREAS, on May 20, 2013, the subject site received site plan approval after
extensive site plan review from the Planning Board and outside agencies for the
improvement and renovation to an existing 50 slip marina & 8,989 sq. ft. restaurant with
new marina/dock master building, parking areas and site drainage on a 3.27 acre parcel
and a proposed boat yard and 71 parking stalls on a 4.74 acre adjacent parcel (56-7-
4.1) in the M-II Zoning District. The site plan approval included the following approvals
from outside agencies:
1. Suffolk County Department of Health Services on May 3, 2013 for "Mixed Uses
@ 5,640 gpd" under Reference Number C10-12-0009;
2. Storm water Pollution Prevention Plan (SWPPP) from the New York State
Department of Environmental Conservation (NYSDEC);
3. Southold Town Trustees Wetland Permit;
4. New York State Department of Transportation (NYSDOT) highway work permit;
and
WHEREAS, on October 30, 2019, Eugene Burger, applicant, submitted an amended
Site Plan Application for review; and
WHEREAS, on November 18, 2019, the Planning Board accepted the application as
complete for review; and
WHEREAS,,the site plan contains an area located on a separate 4.74 acre parcel
(SCTM#1 000-56-7-4.1) that is leased by the applicant. This area contains 71 of the 130
required parking stalls-and is hereinafter referred to as the "leased parking area". The
present owner of the parcel is Richard J.,Principi, Jr. and the applicant has obtained a
Southold Town Planning Board Page 120 December 2, 2019
lease to use the parcel for this purpose. A copy of the lease has been reviewed by the
Planning Board and is dated May 1, 2012, with a term limit of twenty (20) years,
expiring in May, 2032; and
WHEREAS, November 22, 2019, Eugene Burger, applicant, submitted the following
items regarding the proposed 662sf addition for review:
1. Southold Town Trustees Wetland Permit #9548 issued Sept. 18, 2019;
2. Fire Marshall Occupancy certifications (July 2019)
a. First Floor assembly area: 262 total;
b. First Floor Dining: 225 total;
c. Second Floor Dining: 225 total;
d. Second Floor Deck: 170 total;
3. NYSDEC letter of non-jurisdiction letter; and
WHEREAS, pursuant to §280-131(H) the Planning Board determined that the subject
application involved a de minimus (662sf) modification to an existing structure with no
substantial change to the existing footprint and that such modification will not require
significant changes to existing major site design features and therefore was eligible for
a waiver of the public hearing; and
WHEREAS, the action is exempt from Suffolk County Planning Commission (SCPC)
review; and
WHEREAS, on December 2, 2019, the Town of Southold Local Waterfront
Revitalization Program (LWRP) Coordinator reviewed the proposed project and
determined the project to be exempt from the policies of the Southold Town LWRP; and
WHEREAS, on December 2, 2019, the Southold Town Planning Board determined that
the 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; and
WHEREAS, at their work session on December 2, 2019, the Planning Board conducted
a review of the submitted information and considered the action to be de minimus in
nature with no significant changes to the existing site design features and therefore
required no further review; and
WHEREAS, on December 2, 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
Southold Town Planning Board Page 121 December 2, 2019
RESOLVED, that the Southold Town Planning Board has determined that this proposed
action is exempt from 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?
Ayes.
Opposed?
None.
Motion carries
Martin Sidor: And be it further
RESOLVED, that the Southold Town Planning Board, pursuant to §280-131 (H), waives
the requirement for a public hearing as detailed above;
Mary Eisenstein: Second.
Vice-Chairman Rich: 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 grants approval with four (4)
conditions for the amended site plan entitled "Peconic Bay Yacht Club Addition",
prepared by Frederick R. Weber, R.A. dated September 12, 2019 and authorizes the
Chairman to endorse the site plan once the following conditions are satisfied:
Southold Town Planning Board Page 122 December 2, 2019
Conditions to be met prior to the Chairman endorsing the site plan and the
issuance of a building permit:
1. A use certification obtained from the Chief Building Inspector as required
by Town Code;
2. Permission from the Zoning Board of Appeals, pursuant to Town Code
§280-131 B.(4)(b), for the change to the structure for which a Special
Exception approval was granted in the past;
3. Verification from the Suffolk County Department of Health Services
(SCDHS) waste water management acknowledging the proposed addition
and increase in seats;
4. Disable the non-compliant exterior light fixtures as detailed in the staff
report dated December 2, 2019.
Mary Eisenstein: Second.
Vice-Chairman Rich: Motion made by Martin, seconded by Mary. Any discussion? All
in.favor?
Ayes.
Opposed?
None.
Motion carries
Approval Extension:
Vice-Chairman Rich: Goggins, William - This Site Plan is to convert an existing 2,187
sq. ft.,single family dwelling to include two one-bedroom apartment units at 600 sq. ft.
each and a 785 sq ft. office pursuant to ZBA File #6677.,Eight parking stalls are
proposed at 13200 NYS Rt. 25, Mattituck, in the HB Zoning District. The property is
located at 13200 Route 25, ±225' west of Wickham Avenue, Mattituck,. SCTM#1000-
114-11-9.1
Mary Eisenstein:
WHEREAS, this proposed Site Plan is to convert an existing 2,187 sq. ft. single family
dwelling to include two one-bedroom apartment units at 600 sq ft. each and a 785 sq.
ft. office pursuant to ZBA File #6677. Nine parking stalls are proposed at 13200 NYS
Rt. 25, Mattituck, in the HB Zoning District; and
Southold Town Planning Board Page 1 23 . December 2, 2019
WHEREAS, on July 7, 2014, the Planning Board granted approval to the Site Plan
entitled "Alterations to 13200 Main Road, Mattituck", prepared by James J. Deerkoski,
P.E., dated January 30, 2012; and
WHEREAS, on March 18, 2016, the Planning Board notified the applicant that Site Plan
Approval had expired; and
WHEREAS, on April 7, 2016, Anthony H. Palumbo, current owner, submitted a letter
requesting an Extension of Site Plan Approval and provided reasoning that the
Approved Site Plan was not completed due to a Variance being sought fora fire
sprinkler system and the scope of the project; and
WHEREAS, on May 2, 2016, the Planning Board reviewed the application and
determined that the expired Site Plan was in compliance with the current rules and
regulations and granted an extension of approval for one year to May 2, 2,017 with two
(2) conditions: (1) Provide the renewal from the NYSDOT for Highway Work Permit
#20141031873 and submit a print of the renewed Site Plan that includes the NYSDOT
stamp to this Department; and (2) Provide the renewal of Reference #C10-12-0003,
received by the Suffolk County Department of Health Services (SCDHS), and submit a
print of the renewed Site Plan that includes the SCDHS stamp to this department; and,
WHEREAS, on April 27, 2017, Anthony Palumbo, owner, submitted a letter requesting
an Extension of Site Plan Approval and provided the renewal for NYSDOT Permit
#20141031873 that will expire July 12, 2017 and renewal for SCDHS permit C10-12-
0003 at 373GPD to expire May 2, 2019; and
WHEREAS, at their Work Session on May 8, 2017, the Planning Board reviewed the
application and determined that the expired Site Plan was in compliance with current
rules and regulations and found that the two (2) conditions of the previous extension
have been met; and
WHEREAS, the applicant purchased 0.62 sanitary flow credits from the Town's TDR
Bank for its development of a single affordable apartment unit in this building; the Town
Code requires a covenant restricting the amount of rent that can be charged for this
apartment to that amount set by the Town Board annually for the maximum amount to
be charged for rent of affordable housing units, and that tenants of this affordable
apartment must meet the eligibility requirements for affordable housing in Southold
Town; and
WHEREAS, there is no evidence in the Planning Board's file that this covenant has
been filed; and
WHEREAS, on November 20, 2019, Anthony H. Palumbo, current owner, submitted a
letter requesting an Extension of Site Plan Approval and provided reasoning that,the
Approved Site Plan was not completed in time due to the scope of the project; and
Southold Town Planning Board Page 124 December 2, 2019
WHEREAS, on December 2', 2019, the Planning Board reviewed the application and
determined that the expired Site Plan was in compliance with current rules and
regulations with exception of the conditions listed below; be it therefore
RESOLVED, that the Southold Town Planning Board grants an Extension of Site
Plan Approval for eighteen months from December 2, 2019 to June 2, 2021 on the
Site Plan entitled "Alterations to 13200 Main Road, Mattituck", prepared by James J.
Deerkoski, P.E., dated January 30, 2012, with.the following conditions:
Condition of approval extension:
1. Submit evidence that the required covenants and restrictions as outlined in the
Planning Board's July, 2014 approval resolution and required by Town Code
§117-9 were filed. These covenants would require that one of the two
apartments must be rented to a tenant that is eligible under the Affordable
Housing requirements and that the rent charged by the landlord does not exceed
the rental amounts set annually by the Town Board for affordable apartments.
Note the exact wording of the required covenants was to be approved by the
Town Attorney.
2. In the event the covenants referenced above were not filed, the approval
extension shall be granted only after proof of the filing has been provided.
3. A certificate of occupancy for the affordable apartment shall not be issued prior
to the filing of the covenants referenced above.
Pierce Rafferty: Second.
Vice-Chairman Rich: Motion made by Mary, seconded by Pierce. Any discussion? All
in favor?
Ayes.
Opposed?
None.
Motion carries
Set Hearing/SEQRA Type Classification:
Vice-Chairman Rich: Fishers Island Airport Hangar— This Site Plan is for the
proposed construction of a 4,200 sq. ft. aircraft hangar and ±13,790 sq. ft. of paved
access and tarmac area at an existing airport on 192 acres in the R-400 Zoning District.
The property is located on Whistler Avenue, 'Fishers Island. SCTM#1000-12-1-18
Southold Town Planning Board Page 125 December 2, 2019
Pierce Rafferty:
WHEREAS, this Site Plan is for the proposed construction of a 4,200 sq. ft. aircraft
hangar and ±13,790 sq. ft. of paved access and tarmac area at an existing airport on
192 acres in the R-400 Zoning District;
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; be it therefore
RESOLVED, that the Southold Town Planning Board has determined that this proposed
action is an Unlisted Action under SEQRA as described'above;
Martin Sidor: Second.
Vice-Chairman Rich: Motion made by Pierce, seconded by Martin. Any discussion? All
in favor?
Ayes.
Opposed?
None.
Motion carries
Pierce Rafferty: And be it further
RESOLVED, that the Southold Town Planning Board sets Monday, January 13, 2020
at 6:04 p.m. fora Public Hearing regarding the Site Plan entitled "Elizabeth Field
Airport Hangar" prepared by Richard H. Strouse, L.S. dated November 17, 2017 and
last revised April 27, 2018.
Martin Sidor: Second.
Vice-Chairman Rich: Motion made by Pierce, seconded by Martin. Any discussion? All
in favor?
Ayes.
Opposed?
None.
Southold Town Planning Board Page 126 December 2, 2019
Motion carries
PUBLIC HEARINGS
Vice-Chairman Rich: 6:01 p.m. - Croteaux Farm Vineyards & Winery—This site
plan is for an existing winery,including ±4,833 sq. ft. of existing winery buildings, a 3,900
sq. ft. residence, 800 sq. ft. garage and 75 parking stalls pursuant to a stipulation of
settlement. The winery includes two parcels totaling 14.,06 acres of which 10.61 acres
are planted with grapes in the A-C Zoning District. The property is located at 1450
South Harbor Road, Southold. SCTM#1000-75.-7-1.4
Vice-Chairman Rich: At this time if anyone would like to address the board, please
step to the podiums, write and state your name for the record. Please_ do remember that
you are addressing the Planning Board, not the public. Thank you.
Dan Penessi: My name is Dan Penessi, I'm here representing the owners of the
applicant. I also have the green cards. We are here to legalize the existing winery and
vineyard operation at the property. As I'm sure some of you may know, it was the
subject of operations for approximately 13 years and subsequently became the subject
of an Article 78 proceeding with the Zoning Board of the Town. That Article 78 was
settled with the Zoning Board, that settlement did include a number of conditions —
many of which were Planning related and related to the number of occupants at any
given time, the number of parking spaces on site, all of those conditions have been
incorporated into the site plan that's being proposed. In addition to — an agreement to -
include a 30 foot wide buffer all along the northern boundary with the neighbor to,the
north. That buffer is going to be constituted with 6 feet of evergreen as well as a 6 foot-
high solid fence. I'm prepared to answer any questions you may have.
Harvey Arnoff: I'm Harvey Arnoff, good evening. I'm here representing the two
neighbors to the north, who have said they own the contiguous house to the north and
have had their share of difficulties as you could well imagine. Their position, historically,
was that this is an illegal operation in a residential area and Zoning Board, as you know,
kind of agreed with that and then the Town introduced a stipulation in an Article 78
proceeding and here we are. Their position is really quite clear: they would prefer,
Number 1 —that there be no cars parked on their side of the property, there's no reason
articulable other than the applicant doesn't want to do it. Now they will have to have the
cars parked on the southerly boundary where there's no contiguous house and nothing
to bother anybody, but no, they want to — because it's been there, illegally, without
Planning Board approval, without Zoning Board approval — they say, "Well, we want to
keep it that way." I submit that this is not what this Board should countenance. They did
say and I would be willing to extend this olive branch, if you will, that if they limited the
parking to staff only on the north side, then that would enable them to not be interfered
with the partiers and rebellers along their property line, which has been a problem for
them when they just want to enjoy their property free from the noise and — let's not
forget—this is a real anomaly—this is a vineyard operating winery in a residential area,
Southold Town Planning Board Page 127 December 2; 2019
this is not something on the-north road without anybody nearby and according to
Johnny Come Lately, they've been there for a long time. So under the circumstances,
that's their position and I should probably- I've really— I've looked into this, I've talked to
Mr. Penessi, I've talked to them in the past and because they say that the house will
make the people walk further to get to where they're going to have a drink, is really— I
don't think it's a good of a reason to wreck—to do to these people what really, nobody
wants to have done to them: that's the noise and the disturbance of people being next
door on a regular basis. I think the extension of the olive branch to say: park your cars
for your, with appropriate barriers and everything else with parking cars there along the
property line for staff only could solve the problem simply for everyone. Short of that, it's
our position that this should not be approved by the Board as presently set forth. I
recognize that Mr. Penessi,and his staff has done what they thought was a yeoman's
job to complete this and make it so that it would be palatable to this board, it's not
palatable to these neighbors, they've been there a long time, this isn't like they moved
in yesterday and don't like the vineyard next door. This has been an ongoing problem
and for that reason I would ask the board to not favorably approve this application,
thank you. If you have any questions, I'd be pleased to answer them.
Vice-Chairman Rich: Thank you. Does the staff have any questions?
Mary Eisenstein: How many parking spaces are there by this neighbor's house?
Harvey Arnoff: I think it's considered like, catches-catch-can, I don't think there are any
specific, outlined, parking places right now if my memory serves me correctly. Mr.
Penessi would be more familiar.
Dan Penessi: I can answer that. This year was a little different, but historically there
was a single parking aisle that basically went along the northern boundary with
somewhere between 30-35 spaces on either side and the reason that it was a little
different this year was we respected the 30 foot buffer that was required by the Zoning
Board settlement agreement so we really only had the so-called south side of that aisle,
so we did not park cars. There were a total of about 65-70 along that boundary
historically, but half of them were eliminated this year when we respected the 30 foot
buffer.
Mary Eisenstein: So would you just clarify what you mean by, .that that was illegal?
Harvey Arnoff: Well this vineyard never had approval in this municipality from day one.
No one ever approved it, it was kind of an anomaly, they opened it up and they ran it
and everybody looked the other way and then I believe, I think it was my clients had
written a letter and woke up the sleeping giant, so to speak, the department that came
down issued a stop work order and off they ran to the races to the Zoning Board of
Appeals and the consequence Article 78 that the application go before you. If I'm
misstating it, I don't think it's by much.
Southold Town Planning Board Page 128 December 2, 2019,
Dan Penessi: If I can just clarify one thing, this is Dan Penessi speaking. The
operations historically were under New York State (inaudible) and that's the premise of
which it operated. The specific issue that the Zoning Board 'had was the issue of the,
Town Code requiring 10 — it doesn't say this but, so called — continuous acres of
vineyard in order to allow a winery on the property. The east parcel is about 9 and a half
acers and the west parcel — upon which the winery is located — is 4.65 acres so that
was actually the issue that was being negotiated and discussed with the ZBA and was
the premise of the denial of their variances at the time. There were a lot of reasons we
were able to overcome that hurdle through a settlement because of the specific nature
of these two properties.
Mary Eisenstein: So, in terms of the parking though, do you — is there room on the
other side, away from the neighbor for to accommodate what you're now saying are
thirty less parking spaces, right?
Dan Penessi: I don't know— Brian, are you able to put the proposed site plan up?
Brian Cummings: I don't think you can but there is also a print up there, if you,give me
a minute here, I can grab it.
Vice-Chairman Rich: Mr. Harvey your client, their last name is?
Harvey Arnoff: Busana and...
Vice-Chairman Rich: We got it. Do you need to see this Pierce? Mary do you have
another question or do you want me to ask?
Mary Eisenstein: You go.
Vice-Chairman Rich: So you have also on the south side of the property, going
towards Timothy Wells or, well on the southeast property you're showing this green
pergola and about 26 spaces, there?
Dan Penessi: That's right; this is Dan Penessi speaking again. So when we eliminated
approximately 30-35 parking spaces on the north in order to accommodate the buffer,
the design for the parking became a circle and between the parking spaces that will be
diagonal around the circle and some additional ADA spaces closer to the entrance to
the winery, that gives us about 49 spaces. So we've relocated some additional access
parking to the south of the residence and that was done historically. To the west of that
there's the trellis is actually an old blueberry patch and the property had been used for
vegetable farming and is currently being prepared for additional vines. So if you see the
word "Vineyard" here? This area will be getting additional rows of vines, there's the
existing blueberry patch here and then we have space for 26 excess parking spaces.
And remember this; this winery serves rose wine, so it's very, very seasonal We have
Southold Town Planning Board Page 129 December 2, 2019
the winery and tasting open now on weekends only, there's relatively limited indoor
seating so the bulk of the operations and the winery's done at once in July and August
and you know, it's really weekends that that excess parking field was used maybe a
handful of times this year when we opened in July. So the point made before: this is the
existing residence here, which is directly in the middle of the property, to the west,
where the marker is, to the west of the pool, there's only maybe — I don't know— maybe
five feet between tall hydrangea planted and the vines and, as I'm sure you know,
there's no sidewalks or anything on the side of the property along South Harbor Road.
Harvey Arnoff: If I may, this is Harvey Arnoff. I still do not see articulable reason, other
than they don't want to move some plants, to have the — not only the inconvenience—
but the constant disturbance of noisy cars, where this could be avoided by just— if
they're going to spend all the money to do this massive parking plan, let them do it on
the side and with a lofless hoopla then they have on the side that they're planning on
putting it. There just is no reason other than "We don't want to move a few hydrangeas
and we really want to plant our vineyards there," put the vineyards on the north side.
From a simple point of view, they may not want to do that but under the circumstances,
this is not a reason for this board to approve this.
Dan Penessi: This is Dan Penessi again.
Martin Sidor: Can you explain the buffer? What's going to be planted and so on?
Dan Penessi: Sure. So the minimum requirements imposed by the Zoning Board
primarily— I believe — as a result of (inaudible) were and impact of the winery on the
property. So we had conceded to establish a 30 foot wide buffer that includes a 6 foot
tall solid fence as well as at least 6 feet of solid evergreen screening. We've
subsequently offered to additionally include, perhaps some native ornamental plantings
both on the north side of that fence. We'd like to keep it a little bit more consistent with
the character of the property at 1450 and the character of the neighborhood a little bit
more and,we're looking at even using some of the fill from the,construction of the
parking lot to create a small buffer which would provide an additional sound attenuation.
That was a rather large concession that was made in the ZBA settlement.
Martin Sidor: Is this planted now, or no?
Dan Penessi: It is.
Martin Sidor: When was it planted?
Dan Penessi: I would have to say about the time the vineyards went in, in the early
90's. There is an existing deer fence there, not solid; it's a regular wired deer fence
There are a number of evergreens and Leland cypress in the area and again, we have
let it grow this year so the first 8 feet of it is just simply rough, tall grass at this point.
Southold Town Planning Board Page 130 December 2, 2019
Martin Sidor: How would you describe it before the judgement and after the
judgement? As far as a look and how thick and how well developed.
Dan Penessi: The first 20 feet— or 15 or 20 feet of it coming south were very thick
already, the addition of the current growth have filled in most of— even if you went there
in the wintertime, if you went over there today, for example, the evergreens do provide
quite a bit of— at least visual- screening.
Martin Sidor: And the private fence was there when?
Dan Penessi: The deer fence went in when the vineyard did in the early 90's.
Martin Sidor: Is that what you mean by privacy fence?
Dan Penessi: The privacy fence is what is proposed and we have spoken to the Town
Attorney to see if we could have that fence installed once the Planning Board approved
the site plan.
Martin Sidor: That will be surely mitigated with the privacy- with the deer fence?
Dan Penessi: Yeah, in other words, it would be "in addition to."
Martin Sidor: So that would be right there, right on top of it really.
Dan Penessi: It would be, yeah.
Martin Sidor: Okay.
Mary Eisenstein: A clarification? If I may, you say there was enough parking for 60
there and you removed 30, is that correct?
Dan Penessi: Roughly, yes.
Mary Eisenstein: Alright, so that eliminated 30 parking spaces? Because I'm looking at
the diagram here and the oval, there are 19 at the top and 19 at the bottom, so those
are still there? That parking oval is still there?
Dan Penessi: No, this is what is proposed. Currently, there is no parking south of this
tree line. So there's no parking spaces between the north barn and the tree line. The
parking is currently isolated to between the tree line and the buffer. May I approach? It's
easier to point it out on the drawing there.
Vice-Chairman Rich:Yes, you can.
Southold Town Planning Board Page 131 December 2, 2019
Dan Penessi: This is Dan Penessi, so I'm looking at the drawing. Moving south from
the northern property boundary to the end of the 30 foot buffer, there were
approximately, I think cars had packed in there because it wasn't striped so you could
park about 25-30 cars here and there were 25-30 cars perpendicularly parked against
this tree line. No cars, historically parked in the south 90 spaces, there are maybe a
handful of parking spaces to the east here and along this barn. So in installing the 30
foot buffer, we've eliminated these spaces and added them here and for this season,,
when we opened, the excess parking was pushed to the south parking.
Mary Eisenstein: Okay, so this is my clarification: does this exist right'now the way it
is?
Dan Penessi: Not diagonally, it's not diagonally but yes,-all cars come in and either
park in these 4 spaces or park perpendicular here, then back out and pull out. There's
no circulation. I just want to add, since we've opened again this summer, we've had a
number of neighbors come through and are thrilled to hear that we are open. They
couldn't wait for the tasting room to reopen, they Took forward to it and they are happy
(inaudible).
Harvey Arnoff: Well let's not forget—this is Harvey Arnoff- that they're not the
contiguous land owners being disturbed every time there's a group partying alongside
their property line. Let's not forget that and please note, they've got parking field already
that they,can expand on the southerly portion of the property. They've got excess
parking —they're styling it— on the southerly property line. I still don't understand why it
doesn't go there. Are we going to say: "Okay, park on the north side and we'll disturb
the neighbor or park on the south side where you don't'disturb anybody." Somehow or
other, this doesn't compute, other than the fact that they're stamping their feet and they
don't want to do it.
Vice-Chairman Rich: Thank you. Now we're not going to, obviously, make a decision
sitting here right now tonight. Harvey, do you have thing else to substantiate?
Harvey Arnoff: No, I've(said what I wanted to say, thank you.
Vice-Chairman Rich: Thank you. Dan, thank you.
Pierce Rafferty: Mr. Chairman, I'd like to propose that we close the hearing but leave a
two week period for written comments.
Vice-Chairman Rich: Does that sound acceptable? Dan, Harvey, you're comfortable
with that? And then we'll have some discussion because there is a letter of stipulation.
If I understand this correctly, we'll have some discussion with Mr. Duffy too. So we have
a motion to close the hearing but leave a two-week period open for written comments.
Southold Town Planning Board Page 132 December 2, 2019
Pierce Rafferty: Motion was made by me.
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:
• November 4, 2019
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.
Vice-Chairman Rich: We need a motion for adjournment.
Pierce Rafferty: I'd like to make a motion for adjournment.
Martin Sidor: Second.
Vice-Chairman Rich: Motion made by Pierce, seconded by Martin. Any discussion? All
in favor?
Southold Town Planning Board Page 133 December 2, 2019
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