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HomeMy WebLinkAboutPB-04/08/2024 OFFICE LOCATION: MAILING ADDRESS: Town Hall Annex OF S0� P.O.Box 1179 54375 State Route 25 ��►� jyQl Southold,NY 11971 (cor. Main Rd. &Youngs Ave.) h O Southold, NY � � Telephone: 631 765-1938 www.southoldtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD PUBLIC MEETING MINUTES April 8, 2024 5:00 P.M. Present were: James H. Rich III, Chairman M'i a lealous=Darik-Vice=Chairperson Donald Wilcenski; Member Martin Sidor, Member Pierce Rafferty, Member Heather Lanza,Planning Director Mark Terry, Assistant Planning Director Brian Cummings, Senior Planner Mara Cerezo, Planner James Squicciarini, Deputy Town Attorney Jessica Michaelis, Senior Office Assistant' Chairman Rich: Good Evening and welcome to the Public Meeting for Monday, April 8, 2024 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. SETTING OF THE NEXT PLANNING BOARD MEETING Chairman Rich: The first order of business is to Monday, May 6, 2024 at 5:00 p.m. at the Southold Town Hall, Main Road, Southold, as the time and place for the next regular Planning Board Meeting. Donald Wilcenski: So moved. Southold Town Planninq Board Public Meeting —April 8, 2024 — Page 2 Mia Jealous-Dank: Second. Chairman Rich: Motion made by Don, seconded by Mia. Any discussion? All in favor? Ayes. Opposed? None. Motion carries. SITE PLAN APPLICATIONS SEQRA CLASSIFICATION & SET HEARING Chairman Rich: Silver Sands Hotel Restaurant—This Site Plan is for the proposed conversion of an existing accessory storage building (boathouse) to a freestanding restaurant with office and storage space for restaurant operations, and conversion of an existing single-family dwelling to a commercial kitchen for the restaurant to include 111 indoor/outdoor seats and 19 parking stalls on 2.1 acres in the Resort Residential (RR) Zoning District. The property is located at 1135 Silvermere Road, Greenport. SCTM#1000-47.-2-15 Martin Sidor: Mr. Chairman, I make a motion to Table this application. Mia Jealous-Dank: Second. Chairman Rich: Motion made by Martin, seconded by Mia. Any discussion? All in favor? Ayes. Opposed? None. Motion carries. APPROVAL EXTENSION Chairman Rich: Country Car Wash Additions - This Amended Site Plan Application is for two roof additions at 24' x 32' and 24' x 28' (1,440 total sq. ft.) to an existing 960 sq. ft. car wash facility on 0.918 acres in the General Business Zoning District. The Southold Town Planning Board Public Meeting —April 8, 2024— Page 3 property is located at 6565 NYS Route 25, ±724' s/w/o Bray Avenue & NYS Route 25, Mattituck. SCTM#1000-125-1-19.5 Mia Jealous-Dank: Mr. Chairman, WHEREAS, this Amended Site Plan is for two roof additions at 24' x 32' and 24' x 28, (1,440 total sq. ft.) to an existing 960 sq. ft. car wash facility on 0.918 acres in the General Business Zoning District, Mattituck; and WHEREAS, on January 8, 2018, the Planning Board granted approval with conditions, to the site plan as shown on the survey for SCTM#1000-125.-1-19.5 prepared by Nathan Taft Corwin III, Land Surveyor, dated November 30, 2015 and last revised October 20, 2016; and WHEREAS, on July 8, 2019, the site plan approval expired; and WHEREAS, on March 20, 2024, William Goggins, attorney for the applicant, submitted a letter requesting a site inspection for Certificate of Occupancy and an Extension of Site Plan Approval with provided reasoning as detailed in the April 8, 2024 staff report; and WHEREAS, at a Work Session held on April 8, 2024, the Planning Board reviewed the application and determined that the expired Site Plan remained in compliance with current rules and regulations; therefore be it RESOLVED, that the Southold Town Planning Board grants an Extension of Amended Site Plan Approval for one (1) year from April 8, 2024 to April 8, 2025 to the Site Plan as shown on the survey for SCTM#1000-125.-1-19.5 prepared by Nathan Taft Corwin III, Land Surveyor, dated November 30, 2015 and last revised October 20, 2016. Pierce Rafferty: Second. Chairman Rich: Motion made by Mia, seconded by Pierce. Any discussion?All in favor? Ayes. Opposed? None. Motion carries. Southold Town Planning Board Public Meeting —April 8, 2024 — Pape 4 SUBDIVISIONS SET PRELIMINARY PLAT HEARING Chairman Rich: Apodiacos Standard Subdivision.—This proposal is for a Standard Subdivision of a 3.26-acre parcel into four lots, where Lot 1 is 0.9 acres and contains an existing house, Lot 2 is 0.9 acres and Lot 3 is 1.2 acres. A fourth lot includes an existing right-of-way easement across the property and equals 0.2 acres. The property is located at 4260)Main Road, Greenport. SCTM#1000-35.-5-3 Donald Wilcenski: Mr. Chairman, I offer the following: WHEREAS, on December 19, 2023, the applicant submitted a Preliminary Plat, Subdivision application for review by the Southold Town Planning Board; and WHEREAS, this is for a Standard Subdivision of a 3.26-acre parcel into four lots, where Lot 1 is .92 acres and contains an existing house, Lot 2 is .92 acres and Lot 3 is 1.22 acres. A fourth lot includes an existing right-of-way easement across the property and equals .20 acres.; and WHEREAS, at their work session on March 25, 2024, the Southold Town Planning Board found the Preliminary Plat application complete; therefore, be it RESOLVED, that the Southold Town Planning Board sets Monday, May 6, 2024 at 5:02 p.m. for a Public Hearing on the Preliminary Plat entitled "Preliminary Plat Apodiacos Standard Subdivision" dated February 1, 2020 and last revised April 22, 2023. Martin Sidor: Second. Chairman Rich: Motion made by Don, seconded by Martin. Any discussion? All in favor? Ayes. ti Opposed? None. Motion carries. SEQRA CLASSIFICATION & SET HEARING Chairman Rich: North Fork Proiect.2 & 3 Resubdivision —This proposed resubdivision involves 13.65 acres and will transfer 162,158 sq. ft. of land from Parcel 1 to Parcel 2. Following the transfer Parcel 1 (SCTM#1000-122-2-8.1) will equal 46,025 sq. ft. and remain conforming in the R-40 Zoning District and Parcel 2 (SCTM#1000- Southold Town Planning Board Public Meetinq —April 8, 2024 — Page 5 122-2-24.4) will equal 548,558.02 sq. ft. and remain conforming in the R-80 Zoning District. The property is located at 10020 Old Sound Avenue, Mattituck. SCTM#1000- 122-2-8.1 & 24.4 Martin Sidor: WHEREAS, this proposed resubdivision involves 13.65 acres and will transfer 162,158 square feet of land from Parcel 1 to Parcel 2. Following the transfer Parcel 1 (SCTM#1000-122-2-8.1) will equal 46,025 sq. ft. and remain conforming in the R-40 Zoning District and Parcel 2 (SCTM#1000-122-2-24.4) will equal 548,558.02 sq. ft. and remain conforming in the R-80 Zoning District; and WHEREAS, the Southold Town Zoning Board of Appeals issued a determination (#7836) in 2023 for the action with the condition that a site plan is required; 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"; and RESOLVED, that the Southold Town Planning Board has determined that this proposed action is a Type II Action under SEQRA as described above; Pierce Rafferty: Second. Chairman Rich: Motion made by Martin, seconded by Pierce. 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, May 6, 2024 at 5:01 p.m. for a Public Hearing on plan entitled "Survey of Property 10020 Old Sound Avenue Lot 1 Map of Sullivan, File Date:01/31/2007 Map No. 11492 and Parcel 2" dated December 13, 2022 and last revised October 20, 2023. Pierce Rafferty: Second. Southold Town Planning Board- Public Meetinq —April 8, 2024 — Page 6 Chairman Rich: Motion made by Martin, seconded by Pierce. Any discussion? All in favor? Ayes. Opposed? None. Motion carries. FINAL DETERMINATION & SEQRA DETERMINATION Chairman Rich: Little White House & Vines on Mill Resubdivision —This proposed resubdivision application is to merge three parcels SCTM#1000-115.-2-2.3, 2.4, and 3.2 totaling ±51.79-acres. Lot 2.3 is 1.94 acres with development rights intact, Lot 2.4 is 32.69-acres and Lot 3.2 is 17.46-acres both with development rights held by Southold Town. The property is located at 16505, 1,6655, 16555 Route 25, Mattituck. SCTM#1000-115.-2-2.3, 2.42 3.2 Pierce Rafferty: Mr. Chairman, I_offer the following: WHEREAS, on January 30, 2024, the applicant submitted a Resubdivision application for review by the Southold Town Planning Board; and WHEREAS, this proposed resubdivision application is to merge three parcels SCTM# 115.-2-2.3, 2.4, and 3.2 totaling ±51.79-acres. Lot 2.3 is 1.94 acres with development rights intact, Lot 2.4 is 32.69-acres and Lot 3.2 is 17.46-acres with development rights held by Southold Town in Mattituck; and WHEREAS, at their work session on February 5, 2024, the Southold Town Planning Board found the Resubdivision 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, and is the merging of existing recognized lots into one large farm parcel which will allow for cohesive agricultural use of the property, and therefore is eligible for a waiver: Southold Town Planning Board Public Meeting —April 8, 2024 — Page 7 a. Sketch Plat Review; b. Existing Resources Site Analysis Plan (ERSAP); c. Yield Plan; d. Primary & Secondary Conservation Area Plan; e. Preliminary Plat Review; f. Preliminary and Final Public Hearings; 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: • Where both lots are already developed; • Where no new development potential will be created in the parcel to which the land is transferred; and WHEREAS, this application is EXEMPT from review by the Local Waterfront Revitalization Program as no new development potential will come as a result of this Resubdivision; 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;" and WHEREAS, on February 5, 2024, 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; therefore be it 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. §240-10 (8):Yield Plan; d. §240-10 (C): Primary & Secondary Conservation Area Plan; e. Article VI: Preliminary Plat Review; f. § 240-25. Public Hearing; Mia Jealous-Dank: Second. Chairman Rich: Motion made by Pierce, seconded by Mia. Any discussion?All in - favor? Ayes. Southold Town Planning Board Public Meeting —April 8, 2024 — Page 8 Opposed? None. Motion carries. Pierce Rafferty: And be it further RESOLVED, that the Southold Town Planning Board hereby waives the requirement to receive approval from the Suffolk County Department of Health Services prior to approval of this Resubdivision by the Southold Town Planning Board; Mia Jealous-Dank: Second. Chairman Rich: Motion made by Pierce, seconded by Mia. Any discussion?All in favor? Ayes. Opposed? None. Motion carries. Pierce Rafferty: And be it further RESOLVED, that the Southold Town Planning Board grants Final Plat Approval upon the map entitled "Vines on Mill Resubdivision" prepared by Glen J. Coben, Registered Architect, dated January 24, 2024. Mia Jealous-Dank: Second. Chairman Rich: Motion made by Pierce, seconded by Mia. Any discussion?All in favor? Ayes. Opposed? None. Motion carries. C5 Southold Town Planning Board Public Meeting —April 8, 2024 — Page 9 CONDITIONAL PRELIMINARY PLAT DETERMINATION Chairman Rich: Brown & Linnet Standard Subdivision —This proposal is for the standard subdivision of a 0.52-acre parcel into two 0.26-acre lots in the R-40 Zoning District. Lot 1 will contain the existing two-family dwelling, and Lot 2 will contain the existing single-family dwelling. The Zoning Board of Appeals has granted approval of the non-conforming lot areas in Appeal #7674. The property is located at 465 Brown Street & 711 Linet Street, Greenport. SCTM#1000-48-3-20.1 Mia Jealous-Dank: Mr. Chairman, WHEREAS, on October 19, 2022, the applicant submitted a Standard Subdivision Application for review by the Southold Town Planning Board; and WHEREAS, this Standard Subdivision proposes to subdivide a 0.52-acre parcel into two 0.26-acre lots in the R-40 Zoning District. Lot 1 will contain the existing two-family dwelling, and Lot 2 will contain the existing single-family dwelling; and Z WHEREAS, the subdivision required substantial area variances; and WHEREAS, on September 15, 2022, the ZBA granted the area variances in their file #7674; and WHEREAS, in their comments to the Zoning Board of Appeals (ZBA) regarding the area variances, the Planning Board found that the situation is unique in that the dwelling units already exist and were previously granted variances by the Zoning Board to exist legally, and the effect of these variances would not significantly change the density in the neighborhood. An additional consideration was that the location of the two buildings on the property were such that two regularly-shaped lots with each building being generally well-located within the lots was possible, therefore the Planning Board supported the variances; and WHEREAS, at their work session on February 27, 2023, the Planning Board found the Preliminary Plat Application to be complete; and WHEREAS, the Planning Board has determined the proposed action to be Unlisted as it does not fall within the Type I or Type II actions pursuant to the State Environmental Quality Review Act (SEQRA) 617.5; and WHEREAS, on July 11, 2023 the Southold Town Planning Board granted Conditional Sketch Plan Approval upon the map entitled "Subdivision Sketch at Brown & Linnett" prepared by Kenneth M. Woychuck Land Surveying, dated September 18, 2021 and last revised February 7, 2022"; and WHEREAS, all conditions of Conditional Sketch Plat Approval have been met; and Southold Town Planning Board Public Meeting —April 8, 2024— Page 10 WHEREAS, on November 15, 2023, the Suffolk County Department of Health Services issued an Approval of Constructed Works and sewer connection approval for "465 Brown" existing single-family structure on the parcel; and WHEREAS, on February 7, 2023, the Town of Southold Local Waterfront Revitalization Program (LWRP) Coordinator reviewed this application, and has recommended the proposed project be found consistent with the policies of the Southold Town LWRP; and WHEREAS, on February 5, 2024, the Southold Town Planning Board performed an uncoordinated review of this action and issued a Negative Declaration; and WHEREAS, on February 5, 2024, a public hearing was held and closed, 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 subdivision does not create any additional new development at this time, and therefore are eligible for a waiver: a. Existing Resources Site Analysis Plan (ERSAP); b. Yield Plan; c. Primary & Secondary Conservation Area.Plan; d. ' Highway Specifications; and WHEREAS, according to 240-53 G. Park and recreation fee, the Planning Board finds that the proposed subdivision plat does not present a proper case for requiring a park or parks suitably located for playgrounds or other recreational purposes, and a fee will not be required; and WHEREAS, the Planning Board finds, pursuant to § 240-49 1 (4) of the Town Code, that the proposed subdivision presents a proper case for requiring four (4 street trees on lots 1 and 2 to be planted for landscaping purposes, but that a suitable location for said plantings does not exist, or it is otherwise impracticable due to; 1. The street trees potentially conflicting with current planted vegetation; and WHEREAS, the Planning Board has agreed to allow the applicant to pay a sum of money in lieu thereof in the amount of$350.00 per tree or$1,400.00; and Southold Town Planning Board Public Meeting —April 8, 2024 — Page 11 WHEREAS, on December 18, 2022, at their work session, the Planning Board reviewed the submission and found the Preliminary Plat application was complete and ready for a determination pursuant to Town Code §240 Subdivision of land, therefore, be it; RESOLVED, the Southold Town Planning Board has found that this proposed action is Consistent with the policies of the Town of Southold Local Waterfront Revitalization Program; Donald Wilcenski: Second. Chairman Rich: Motion made by Mia, seconded by Don. Any discussion? All in favor? Ayes. Opposed? None. Motion carries. Mia Jealous-Dank: And be it further RESOLVED, that the Southold Town Planning Board, as described above, hereby finds that the proposed subdivision plat does not present a proper case for requiring a park for recreational purposes; Donald Wilcenski: Second. Chairman Rich: Motion made by Mia, seconded by Don. Any discussion? All in favor? Ayes. Opposed? None. Motion carries. Mia Jealous-Dank: And be it further RESOLVED, that the Southold Town Planning Board grants a Conditional Preliminary Plat Approval upon the map entitled, ""Brown & Linnet Standard Subdivision" prepared by Kenneth M. Woychuck Land Surveying, dated September 18, 2021 and last revised August 5, 2023, with the following conditions: Southold Town Planning Board Public Meeting —April 8, 2024 — Page 12 Conditions: 1. Submit a complete Final Plat Application. 2. Set,the property boundary marker monuments; once set, please provide a letter indicating the work is complete. 3. Prior to Final Plat Approval, the following will be required: a. Approval by the Suffolk County Department of Health Services (SCDHS); b. Filing covenants and Restrictions (C&R's) that protect the environment, public safety, quality of life and community character to the satisfaction of the Planning Board will be required to be filed. Draft C&R's will be provided to the applicant during the Final Plat application review; c. Payment of the Administration Fee ($4,000) pursuant to Town Code §240- 37; d. Payment of the Tree Fee ($1,400) pursuant to Town Code §240-49. Donald Wilcenski: Second. I Chairman Rich: Motion made by Mia, seconded by Don. Any discussion? All in favor? Ayes. Opposed? None. Motion carries. Mark Terry: Mr. Chairman, I'd just like to point out, regarding the Park and Playground fee— I wasn't here during the Work Session. The Park and Playground fee was first recommended. The application has since been found to be exempt because of the improvements and no perceivable population increase on the second lot in the subdivision. Therefore, you just approved the resolution for that exemption. You're good — I just wanted you to know that. Chairman Rich: Yes, yes. That's the way I understood it too. I will agree with that, Mark, I know there was a bit of discussion about it but I think this was the right way to go. Thank you. Southold Town Planning Board Public Meetinq —April 8, 2024 — Page 13 APPROVAL OF PLANNING BOARD MINUTES Chairman Rich: Our last order of business is to approve the Planning Board minutes from: • March 11, 2024 Donald Wilcenski: So moved. Mia Jealous-Dank: Second. Chairman Rich: Motion made by Don, seconded by Mia. Any discussion? All in favor? Ayes. Opposed? None. Motion carries. Chairman Rich: Can we get a motion for adornment? Mia Jealous-Dank: So moved. Donld Wilcenski: Second. Chairman Rich: Motion made by Mia, seconded by Don. Any discussion? All in favor? Ayes. Opposed? None. Motion carries. Southold Town Planning Board Public Meeting —April 8, 2024 — Page 14 There being no further business to come before the Board, the meeting was adjourned. Respectfully submitted, G..�„r.., at�, Pa.", Allison Palmeri Transcribing Secretary James H. Rich III, Chairman