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HomeMy WebLinkAboutPB-11/01/2021 OFFICE LOCATION: MAILING ADDRESS: Town Hall Annex q S0P.O.Box 1179 54375 State Route 25 O�� jyOl Southold, NY 11971 (cor.Main Rd. &Youngs Ave.) Q Southold,NY Telephone: 631 765-1938 www.s outholdtownny.gov cDURECEIVED PLANNING BOARD OFFICE kMMR 12022TOWN OF SOUTHOLD 4ddMtW PUBLIC MEETING MINUTES November 1, 2021 6:00 p.m. Present were: James H. Rich III, Vice-Chairman Pierce Rafferty, Member Martin Sidor, Member Mary Eisenstein, Member Heather Lanza, Planning Director Mark Terry, Assistant Planning Director Brian Cummings, Planner Jessica Michaelis, Office Assistant Vice-Chairman Rich: Good Evening and welcome to the scheduled Public Meeting for Monday, November 1, 2021 for the Southold Town Planning Board. This meeting is public. The Planning Board may add or remove applications from the Agenda upon its discretion, without further notice. Applications may not be heard in the order they appear on this agenda. This public meeting will be held virtually via the Zoom online platform. Pursuant to Executive Order 202.1 of New York Governor Andrew Cuomo in-person access by the public will not be permitted. SETTING,OF THE NEXT PLANNING- BOARD MEETING Vice-Chairman Rich: The first order of business is to set Monday, December 6, 2021 at 6:00 p.m. as the time for the next regular Planning Board Meeting Martin Sidor: I make a motion. Mary Eisenstein: Second. Southold Town Planning Board Public Meetinq — November 1 2021 — Page 2 Vice-Chairman Rich: Motion made by Martin, seconded by Mary. Any discussion? All in favor? Ayes. Opposed? None. Motion carries. SUBDIVISIONS Extension of Time to Render Preliminary Plat Determination: Vice-Chairman Rich Bing Conservation Subdivision —This proposal is for a 75/75 split clustered Conservation Subdivision of 84.72 acres, currently existing as two adjacent parcels, SCTM#1000-95-1-8.3 (54.24 acres) and SCTM#1000-95-1-7.2 (30.49 acres), into 8 residential lots ranging in size from 1.86 to 4.11 acres, a right of way of 2.48 acres, and 2 agricultural lots totaling 60.38 acres from which development rights are proposed to be sold to Suffolk County, in the AC and R-80 Zoning Districts. The property is located at 6795 & 7755 Oregon Road, approximately 1,481 ft. west of Duck Pond Road, in Cutchogue. SCTM#1000-95-1-7.2 & 8.3 Pierce Rafferty: WHEREAS, this proposal is for a 75/75 split clustered Conservation Subdivision of 84.72 acres, currently existing as two adjacent parcels, SCTM 1000-95-1-8.3 (54.24 acres) and SCTM 1000-95-1-7.2 (30.49 acres), into 8 residential lots ranging in size from 1.86 to 4.38 acres, a right of way of 2.48 acres, and 2 agricultural lots totaling 60.38 acres from which development rights are proposed to be sold to Suffolk County, in the AC and R-80 zoning districts; and WHERES, on March 12, 2020 the Town of Southold declared a state of emergency due to the COVID-19 Pandemic; and WHEREAS, Conditional Final Plat Approval, was granted by the Planning Board on July 13, 2021 and expired on September 29, 2021; and WHEREAS, on June 28, 2021 the applicant submitted an email requesting a 90-day retroactive extension of Conditional Final Plat Approval from September 29, 2021 to March 29, 2022; therefore, be it RESOLVED, that the Southold Town Planning Board grants a retroactive extension of Conditional Final Plat Approval from September 29, 2021 to March 29; 2022. Martin Sidor: Second. Southold Town Planning Board Public Meeting — November 1, 2021 — Page 3 Vice-Chairman Rich: Motion made by Pierce, seconded by Martin. Any discussion? All in favor? Ayes. Opposed? None. Motion carries. FINAL PLAT APPROVAL: Vice-Chairman Rich: Fishers Island Weathervane Resubdivision —This resubdivision proposes to transfer 4,617 sq. ft. from Lot 1 (SCTM#1 000-2-1-8.1) to Lot 2 (SCTM#1000-2-1-8.2), and 2,884 sq. ft. from Lot 2 to Lot 1. Lot 1 will decrease from 69,972 sq. ft. to 68,239 sq. ft., and Lot 2 will increase from 72,818 sq. ft. to 74,551 sq. ft. in the R-120 zoning district. Both lots require a variance from the Zoning Board of Appeals to be less than the minimum lot size of 120,000 sq. ft. SCTM#1000-2-1-8.1 & 8.2 Martin Sidor: WHEREAS, on August 9, 2021, the Planning Board granted Conditional Final Plat Approval with the following conditions: 1. Submit revised Schedules A, B & C with the revised legal description and illustration of the configuration of the areas to be conveyed 2. Install concrete monuments at each new property corner and at each change in direction of the new property line (four monuments). 3. Notify the Planning Board when the monuments have been installed; and WHEREAS, the conditions have been met; and WHEREAS, pursuant to the resubdivision policy set by the Planning Board on February 2011, this application is eligible for a 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: • Both parcels are developed with single family homes and cannot be further subdivided to create additional lots; and Where no new development potential will be created in the parcel to which the land is transferred; and Southold Town Planning Board Public Meeting — November 1, 2021 — Page 4 WHEREAS, on July 26, 2021, at their Work Session, the Planning Board determined that the proposed action meets all the necessary requirements of Town Code §240-57 for a resubdivision application, and the conditions of the Conditional Final Plat Approval of August 9, 2021 have been met; be it therefore RESOLVED, that the Southold Town Planning Board grants Final Plat Approval upon the map entitled "Map of FI Weathervane Enterprises, LLC Lot Line Change," prepared by Richard Strouse, PE, dated January 27, 2021, and last revised September 30, 2021. Mary Eisenstein: Second. Vice-Chairman Rich: Motion made by Martin, seconded by Mary. Any discussion? All in favor? Ayes. Opposed? None. Motion carries. PUBLIC HEARING Vice-Chairman Rich: 6:01 PM -Water Dynamics Corp. Storage Building —This site plan is for the proposed conversion an existing 1,303 sq. ft. building to a water testing and filtration business; including the construction of a 988 sq. ft. storage building on 0.28 acres in the General Business "B" Zoning District. The property is located at 46950 CR 48, Southold. SCTM#1000-55-5-11 Vice-Chairman Rich: At this time, if anyone wishes to address the Board on this project, please step forward, sign and state your name for the record. Thank you. Gregory Nissen: Greg Nissen, owner of Mermaid Water, formally GNS (inaudible). We would like to convert the existing hair salon to an office space and then add a barn behind the building. Vice-Chairman Rich: Greg., this is for our information, the barn is listed at 988 square feet. So that's the overall dimensions? Gregory Nissen: I want to say is 26 by 38. Vice-Chairman Rich: And that's one story? Gregory Nissin: One story, it would go behind the building, match the same color, the roof would be showing over (inaudible) the zoning requirements. Southold Town Planning Board Public Meetinq — November 1, 2021 — Page 5 Vice-Chairman Rich: That's it, I'm sorry. Ken Offros: Ken Offros, I live on the property to the east, it's actually two properties to the east, I'm the southern property to the east and I just want to voice some concerns. I'm happy to see the business being cleaned up, which is great. To me, that's better than putting a new building on an empty lot somewhere, but I have had the luxury of a quiet neighborhood for a couple years now so I'm mainly worries about noise and lighting. Those are my main concerns. Because I have issues even with the property to the west of this, I believe it's the eye doctor business, they have lights in the back that are on all night, they will soon to be on winter hours, they come on very early, they go off very late in the morning. They're not dark sky type of lights, they're more like globes that shine straight out and when I'm in my backyard I see bright lights looking at me. And even the property across 48, amazingly, (inaudible) recent in the last year or two, couple years. They put a new light out front just to shine out on the front of that property and that creates shadows in my yard across the road, I don't believe it. And they also play music while they're working there, I can hear what song they're listening to, even across the road noise from my back porch and I've complained a few times but nothing's happened. So I'm worried about noise and light, I did see on the plans they intend to use dark-sky compliant lights which I'm very happy about, they look fine to me, all the lights as far as can tell are facing my property, so if those could be dark-sky compliant lights, not up too high. They look like —on the plan —to be about 10 feet high, I'm not sure, that would be great from my point of view if those lights are not point light sources to me and my yard. I've planted trees on my property the last couple of years, that's starting to block out what's behind me but it's going to take a number of years for those to grow. And I did notice_in the list of required document for the applicant, that they should say what hours those lights will be on, I didn't see that in the information packet. So if they could maybe describe when those lights would be on, if they'll be on all night or when will they be on, that would be helpful to me. I have a general question for you guys, who would enforce this descriptions of covenants onr the deed? Because you have to go back to find those, I did look back myself but I looked at old meetings bout this property when it was turned into a beauty salon and there was some talk about possible restrictions of covenants on the property, maybe to try to restrict it to a beauty salon or something like that, there were questions about what if the beauty salons fails, what happens to this property. I didn't see any; I didn't know if there are any, I'm not sure who's suppose d to check them. I did see back on the (pause) Heather Lanza: The Planning Staff would check them. Ken Offros: I did find one restriction on the deed form Tuckahill to Barzack, it just talked about no advertising or sale allowable, so that was from those folks but I don't know who checks these and enforces them. Heather Lanza: Would you like me to answer? Vice-Chairman Rich: Yes, please. Heather Lanza: So it depends on the covenant and the conditions, so if it was a covenant that a previous owner put to the next owner, that didn't have to do with the Southold Town Planninq Board Public Meeting — November 1, 2021 — Page 6 Town, the Town can't really enforce it. If it was condition of a site plan approval, and was noted as such, through an approval resolution, that's something that the Planning can help enforce. Ken Offros: Alright, I've seen both. But the eyeglass folks on the left, I did see from the Planning board, that their lighting should not be visible from nearby properties, that's not true so I'm mentioning this and hoping you guys will enforce that property. Heather Lanza: If you have time to call our office on Wednesday, about the eye doctor, we can look into that to see if we can't rectify that situation. Ken Offros: Great. On the plan, there's a front office and there's a middle shop where technicians are going to work, that's what I read. I'm wondering what the technicians will be doing, are they using power tools? Are they listening to the radio at lunchtime? I'm wondering what these technicians will be doing and whether it's going to be noisy or not, cuz we are right across the street, it's very, very noisy. Surprised I can hear it over (inaudible). Vice-Chairman Rich: Well Greg will have the opportunity, not to exchange with you, but he can answer these questions. I will tell you that all of your comments will be addressed in one form or another by the Planning board or staff and also will tell you that any approval will require a pretty extensive light plan to come before the Planning Board and we do take dark skies very, very seriously. Ken Offros: I'm glad about hat. Still on the noise issue, (inaudible) had mentioned that trucks will be coming in, turning around, dropping off stuff, that makes me think I'm going to be hearing "beep, beep, beep" backing up trucks. Vice-Chairman Rich: Well that is the law, I know it is a neighboring property, and everybody has to require compliance with OSHA requirements, so that's not something we can do anything about. Ken Offros:Well if the client turns around and comes backing up, that looks like a very tight space, they're going to have to back up for every delivery there. The new building, it's basically the same footprint as my barn, right next door, it's the same size. It doesn't feel like it on the plan but that's going to be about as large as my barn next to me, my barn is 25 by 41, this barn is 26 by 38. Basically around the same size., I'm worried about the activity on the shop part, I don't imagine the office part will be busy or noisy, I think there are two people in the office maybe. Maybe four technicians in the shop part, I'm worried about power tools, listening to music at lunchtime, things like that. The proposed trash area, that's behind the lower left of the current building, that's new, I'm wondering about food waste there, I get a lot of mice, they're really active this year, I've had a rat or two come by so we're worried about food waste sitting there for a long time to attract more mice and also the house across the street from me on Boisseau, kind of like a (inaudible) I'd like to mention their garbage pickup, they have a service come and pick up a container of garbage and it's very noisy and I even hear, I don't know if it's the eye doctor or McCarthy or one of the stores next to it, they come at 4:30 in the morning on Fridays, very loud boom, sounds like thunder, so I just want to mention if the Southold Town Planninq Board Public Meeting — November 1, 2021 — Page 7 garbage pickup — hopefully it doesn't happen at 4:30 in the morning. Cuz I'm imagining that will be about as noisy, so that's my— and also, I'd like to understand what's going to be stored in the new building. What kind of materials maybe are going to be stored there. And those are my main concerns: noise, light, garbage, those are my worries. Vice-Chairman Rich: Thank you for your input. Would anyone else wish to address the Board on this site? Anyone else? Greg, we don't want to get into a give-and-take don't his, but*if you have any comment you'd like to make. Gregory Nissen: Yes, I think the concerned neighbor with these issues will be very happy to hear of our very limited hours. We're very much a— our crew shows up at 7 am, we use light vehicles, no more than 2500 van that don't have any "beep, beep" noises on them. (inaudible) it's what I would call fairly long. The extent of deliveries on a flatbed or a box truck are maybe a couple times a week, other than.a UPS truck or something like that. The shop area's and assembly area where we purchase components and assemble water filters for them to go out and so there is a period of time in the morning about 8 and 9 we are loading the vans for the day, then the shop is empty the rest of the day, there are no power tools used, the actual components are very small pieces of hand tools that go together (inaudible) and then the rest of the unit is assembled on the job site so that back area, I know it's like a shop but it really should be storage for the small components that need to be in a heated space, there's very little assembly actually in terms of full units or multiples or anything like that. The crew's on the road every day from about 8:30 until they return from their route so there is no real activity other than office activity throughout the majority of the day and then as the couple of vans arrive back, they park in the back. A number of employees drive the vans home at night to respond to emergencies as they come up so I think somebody looking for a quiet business would be pretty happy. There will be no loud music in the storage, it's simply a storage space for outlets, fiberglass containers or valve heads or salt, big things that we sell (inaudible). I hate, personally, lighting that interferes with my property and I will surely do everything I can to ensure the dark-sky compliancy, back on my.sign permit, I've asked to remove the lighting on my existing sign, I've been to the property at night, I understand the concerns from the surrounding buildings that will not be mine. I'm not going to pay to light it beyond hours where someone needs it to get out of the building and get home. There's just no reason, we don't have a walk-in business, there's no after-hours activity. Simple lights on either side of the door, very much like a residence is all to make the building look not like a walk-in business, so the lights will be incorporated high on either side of the door, or either side of the garage door , just something to light the area in the wintertime when it gets dark at 4:00. We have one 60 yard dumpster that gets dumped once a week, that's just leftover fiberglass filters and such that have been removed from people's houses and cardboard boxes, there's almost no food waste that is generated from our facility. We're not open on weekends and are closed through all major holidays, on occasion, there may be a van in and out if there's an emergency but we really attempted to be closed on weekends and it will be very rare that anyone is even there at 5 or 5:30 during the week. Thank you. Vice-Chairman Rich: Thank you. Anyone else wish to address the Planning Board on this project? Southold Town Planning Board Public Meeting= November 1, 2021 — Page 8 Gregory Nissin: I'm also happy to invite anyone that has concerns to-see where the business has been operating for 40 years in Mattituck if that would make anyone feel more comfortable about any of those items. Vice-Chairman Rich: Thank you. Greg. Martin Sidor: I make a motion to close the hearing. Mary Eisenstein: Second. Vice-Chairman Rich: Motion made by Martin, seconded by Mary. Any discussion? All in favor? Ayes. Opposed? None. Motion carries. Vice-Chairman Rich: 6:02 PM - Greenport Harbor Brewing Storage Buildings — This site plan is for the proposed construction of a 4,800 sq. ft. storage building on 0.6 acres in the General Business "B" Zoning District. The property is located at 41625 Main Road, Peconic. SCTM#1000-75-5-12 Vice-Chairman Rich: Is there anyone here from Greenport Harbor Brewery, I think we may have someone on Zoom? Jessica Michaelis: No, not there. Vice-Chairman Rich: Anyone wish to address the Board on this project? Mary Eisenstein: I make a motion to close the hearing. Martin Sidor: Second. Vice-Chairman Rich: Motion made by Mary, seconded by Martin. Any discussion? All in favor? Ayes. Opposed? None. Motion carries. Southold Town Planning Board Public Meeting — November 1, 2021 — Page 9 Vice-Chairman Rich: 6:03 PM - 14695 Main Road (Dentist Office) Amended (Parking Lot Expansion) —This site plan is an amendment to the approved site plan for an existing dentist office to expand the parking lot. The property is located at 14695 NYS Route 25, Mattituck. SCTM#1000-114-8-5 Vice-Chairman Rich: Yes, Ma'am. Jacqueline Prateau: Good Evening Ladies and Gentleman, My name is Jacqueline Prateau, I'm principal and the owner of Key Civil Engineering and I'm here tonight representing Dr. Kamporakis, this is the owner of the property as well as the practitioner running the dental office. Dr. Kamporakis moved into the Town of Southold just a few years ago and since then, has been making a lot of improvements to the property as well as the building. Some of you may have noticed as you drove by. Recently the building was renovated, both the interior and the outside, you'll note from the photos I submitted, the whole building was yellow, it is now gray, I was just by this evening. So those are some, and they just got their CO for all the interiors improvements including a new handicapped ramp at the rear of the building. And so we're here tonight for an expansion of the parking lot, some of— as you may know—the property has a grade elevation change so the back of the property is a god 4 to 5 feet higher than the front- or than the front of the parking lot behind the building, creating a difficult slope for some of the patrons to maneuver. So what we're proposing is to level out the parking area with minimal slopes for ease of patrons traversing to the door, it requires a small, 2 1/foot wall in the back corner to modify those grades. There's an expansion of 10 additional build parking stalls where there were 6 previously, there are now 16, plus the two inside of the garage. One ADA Parking stall is located closes to the door. The dumpster which was existing just in that back area is now being corralled into a board, wood enclosure located in the back-left corner of the property. Just for notation, the property is located in the RO zone which permits the residential office, does permit professional office as a permitted use. Surrounding zones are RO to the east and west and to the south and north is R-40 zoning district. We are proposing site drainage in the parking lot to meet the two-inch rainfall requirement so four drywells are proposed back there. We are proposing some area lights in the rear, they are 15 foot in height, they are dark-sky compliant, they are 300K LED, they're shine downward only. And then we're proposing a nice buffer along the whole perimeter of the parking lot, although not required since we are adjacent to other residential districts, we are providing a 10 foot wide landscaped area with evergreen trees, some eastern red cedars and viburnum and other dense shrubs which will stay green year-round and create a nice buffer. There's also an existing 6 foot high wood fence that surrounds the property which will remain so the connection of those two items will allow for a nice buffering to the neighboring properties. Lastly, we're reversing the flow of traffic, in and out of the property which, recently, was done and customers are happy about the change. It's very difficult to see the in as you're heading eastbound and so the easterly driveway will now be the entrance, or is now the entrance and the westerly driveway is the exit, so we've just reversed that flow. So we're here tonight and will be back for a final approval but we're seeing the Boards approval to expand the parking lot and make these improvements on the property. I'm happy to answer any questions Southold Town Planning Board Public Meeting — November 1, 2021 — Page 10 Vice-Chairman Rich: Okay, so as a public hearing we will see if anyone has any additional comments. So are you traffic engineering company too or just civil engineering? Jacqueline Prateau: Civil engineering. Vice-Chairman Rich: Okay. Anybody? Does anybody have anything they'd like to add? Mary Eisenstein: I make a motion to close the hearing. Martin Sidor: Second. Vice-Chairman Rich: Motion made by Mary, seconded by Martin. Any discussion? All in favor? Ayes. Opposed? None. Motion carries. Vice-Chairman Rich: Okay, with no further business, can I get a motion for adjournment? Martin Sidor: I'd like to make a motion for adjournment. 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 Public Meetinq — November 1, 2021 — Page 11 There being no further business to come before the Board, the meeting was adjourned. Respectfully submitted, Jessica Michaelis TranscribingSecretary ry Donald J. Wilcenski, Chairman RECEIVED M 2 1 2022 Southold Town Clerk