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HomeMy WebLinkAboutPB-03/01/2007 KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON JOSEPH L. TOWNSEND MAIUNG ADDRESS: P.O. Box 1179 Southold. NY 11971 PLANNING BOARD MEMBERS JERILYN B. WOODHOUSE Chair OFFICE WCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold. NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD SPECIAL MEETING MINUTES March 1, 2007 4:00 p.m. Present were: Jerilyn Woodhouse, Chairperson (recused) Kenneth Edwards, Member Martin Sidor, Member (recused) George Solomon, Member Joseph Townsend, Member Mark Terry, Principal Planner Bruno Semon, Senior Site Plan Reviewer Anthony Trezza, Senior Planner Amy Thiel, Senior Planner Carol Kalin, Secretary Chairperson Woodhouse: Good evening and welcome to the special meeting of the Southold Town Board. Before I recuse myself, I just want to point out if there are people who need to speak on behalf of the application or have any comments about it, there are two microphones and there's a piece of paper where you could please put your name so that we can have your name available when we transcribe it. Tonight we have one hearing on the agenda; I am going to turn the microphone over to George Solomon who is going to chair this part of the meeting. I am officially recusing myself as an interested party in the building, I'm a tenant, and so is Marty. SITE PLANS Final Determinations: CutchoQue Business Center: This application amends the site plan approval granted on May 10. 2005 for the alteration of a 12,000 sq.ft. building with 60 parking spaces. This proposed amendment includes the interior alteration of the existing building and the As Built Construction of three (3) buildings as follows: 1,184 sq. ft. metal framed hut, 72 sq. ft. framed shed & 104 sq. ft metal shed with an additional 30 parking spaces for a total of 90 parking spaces on a 6.097-acre parcel in the LI Zone located on the s/w/s/o the intersection of Oregon Road and Cox Lane known as 8595 Cox Lane in Cutchogue. SCTM#1000-83-3-4.6. Southold Town Planning Board Page Two March 1, 2007 Georqe Solomon: Is there anybody here who would like to speak on this application? Please state your name and sign in. Pat Moore: I am the attorney for Morrell LLC and Oregon LLC. I want to commend Mr. Principi for cooperating with us today. My client, because of the short time frame for his hearing, came and looked at the site plan to see, with respect to what would be in our opinion, adequate screening along Oregon Road. Because with the homes that you have just recently approved the subdivision, they are pretty high up on the property off of Oregon Road, so that the homes that are about to be built, the future homes that would be built, were looking straight out onto this property. Given that my client asked if they would consider adding landscaping along Oregon Road, they very cooperatively said "yes, absolutely." We all went out to the site, took a look, identified the area that is the viewscape that we are trying to address. In a very short time, John Condon was able to prepare a landscape plan for your file that was submitted this evening, which we support, and in a sense we support this application; we think that Mr. Principi certainly does everything first class. We really appreciated his addressing our concerns. We should always have the communication before the hearing so things can be worked out and we don't have to force anybody to do anything. So, we were very pleased with the way everything worked out. My client wholeheartedly supports the way this was handled, and we hope that you'll make this a condition of your approval. You have the landscape plan there in your files at this point. Thank you. Georqe Solomon: You're welcome. Joe Townsend: I have a question on that. Have we amended the site plan once again to reflect these changes, or is that something that we're.......? Bruno Semon: We haven't reviewed the landscape plan yet, so we need to review it. I am not certain that I can recommend what's actually being shown on it at this point. We have a landscape plan in the file; we have some other conditions that have been imposed on it that we need to deal with. I have to look at it, so we have not amended it at this time. Pat Moore: In an effort not to delay Mr. Principi's efforts, it would just seem to me that you could certainly approve it subject to review of the landscape plan. That way, he could proceed with his building permit or CO, or whatever it is that he needs. But that ultimate building permit, so that prior to issuance of the C of 0, they'll have time to review the plan. Our effort is not to delay the process, just to make sure that it's addressed. Joe Townsend: Can you run through a little bit what was... Pat Moore: Sure. Bruno Semon: Pat, can you just explain to me why it's so extensive on the corner, I mean we have a site visualization already; it's blocked by the grade. South old Town Planning Board Page Three March 1, 2007 Pat Moore: No, actually, that is a surprise. When you're at Oregon Road, you don't notice these buildings because of the grade. Bruno Semon: I'm talking about the corner, the intersection, the site intersection. Pat Moore: What we found from the site is, depending on which house or where you are on the property, you see a diagonal, and this was designed by them, not us. Bruno Semon: I'm just concerned about Pat Moore: Oh, no, come on John, I'm arguing your case; but one of the issues that we addressed was the site clearance at that corner and the concern. And I think that one of the things that you actually are doing here is lowering the grade of the corner that is presently the berm. It's going to be lowered and then the shrubbery is being pushed away so that the site clearance, you see there's a triangle; I believe the way John....... Bruno Semon: It shows on the plan in front of me a 2' high berm, 5' wide, running right around the corner. It shows where it's running, and it's actually showing it at the existing grade of 60' if I'm reading this right; so it's going to maintain the existing grade, so it's going to be higher than what's currently there. Pat Moore: Do you want to explain it to him? Unfortunately, you haven't had a chance to review it, so he'll describe it for you; if you see that triangle that is created in the drawing, that's a site clearance triangle. When he designed the landscaping, he was pushing the landscaping back in order to provide for site clearance at that intersection. Bruno Semon: If you would explain it to the Board, that would be best, to just clarify it so we understand what it is. John Condon: See the 58 contour, originally comes to here: I pulled it back. Bruno Semon: John, so pulling the 58 back, I still see a 60 on the inside, and the berm is going to be 2' high, so what did we gain? I mean we're 2' plus 5' high shrubs. John Condon: When you're coming up here in a car, you can't see through here anyway. Bruno Semon: I understand that. John Condon: We can pull it back more if you wish. Bruno Semon: No, I'm just not certain about why we would want to plant this corner. That came up during the original amendment, which was when the first building came through about not blocking this corner any more. Having it cleared and flat actually helps with the visibility; planting it with a berm and additional shrubs just presents a problem. The Superintendent of Highway and Jamie (Town Engineer) are going to need to look at this. Southold Town Planning Board Page Four March 1, 2007 John Condon: What we did, we went to the new developments up back here. There's a road that comes up and it loops around. We were up from one end to the other and we determined.... You know from over here you can see through here and see the buildings. Bruno Semon: It's great landscaping, and I would recommend to the Board from the beginning that it's an awful lot of an expense because you can see it's an elegant amount. I'm not certain why we're not just planting by the new hut, around the edge of the hut, which would take care of the visualizing. This lot has been cleared, Mr. Principi, maybe you can tell us how long has it been cleared? It's been awhile. Richard Principi: Eight years or so. I could slide this planting strip or buffer, like Bruno said, tight to the edge of this so we can make everyone happy. But one of the reasons I endorsed this plan is because hopefully sooner than later when we get our hands around this, I am going to look to possibly subdivide the lot. So, putting exactly where the lots fall, I have to work with John and my staff to see where everything fits. But keeping it out here, Bruno, makes the most sense because this is a real important corner. I know it, this is an industrial site; I keep it neat, I keep everything in order. But sliding this forward now will solve this problem; but, if we do fit a lot in this area, you know, it might make sense to keep it where it is. Maybe I can pull this material back. Bruno Semon: That's the edge of the road; we're talking about in front of the Quonset hut; that picture taken of me standing about here looking at it; that's the planting area. Pat Moore: But keep in mind that when they submitted this plan, and certainly my client is in support of this plan, not the diminution of this plan, we actually, as Mr. Principi points out, we were actually at the building site of the homes and saw that, because these buildings are actually quite evident when we are standing there and you see right to them, so there was really no buffering whatsoever and this site plan had no buffering of what has been the viewscape that you have been trying to have us protect. You don't want Oregon Road to see our homes, but we, the Oregon Road homes, don't want to see the industrial corridor. And that's why everybody was in agreement that it needed to be landscaped and whatever he felt this was his proposal, we didn't dictate to him, we said: "This is our problem, how would you like to address it?" And I think that what he is explaining is the extra vegetation will benefit him as well now and in the future with whatever his future plans are, and not interfere with his next phase, whatever it might be. Georqe Solomon: As long as there is no problem with the Town Engineer, and the Highway Superintendent on that corner....... Bruno Semon: We have a blind spot on that corner currently. It's not high because of the grade, but it's a little blind; cutting it back helps. Planting of the shrubs hurts. So, I am not certain what the outcome is going to be. Pat Moore: What's the setback of the shrubs from that corner? Bruno Semon: It's a bad corner and it's a busy intersection as you know. Southold Town Planning Board Page Five March 1, 2007 Pat Moore: John, what is the distance, do you recall? John Condon: The beginning of the berm is (inaudible) 6' from the property line here on this side. At the corner, it's more, probably about 15 or 20'. Pat Moore: So, it's actually an improvement from what's there now? Bruno Semon: Well, it's going to be higher that what's there. The outcome is going to be.... Pat Moore: No, it's going to be lower. They're cutting it back down and making a 2' berm. Right now you've got an 8' berm. Bruno Semon: But they're planting 5' high shrubs, Pat. Pat Moore: Yes, but right now you have zero visibility because of the height of that berm. What they're doing is pushing back 15' which is a normal setback of..." John Condon: We can move it. I was going to talk to the Highway Superintendent and get his feedback, also Jamie obviously. I'd voluntarily move it back even more so everyone's content with visibility and safety. There is a whole host of stumps that I can take out. Ken Edwards: I'd be very concerned about that corner. John Condon: Absolutely. It's a trouble spot. Bruno Semon: There's also a great issue and I don't know what to recommend on it; I would have a tough time saying, I mean certainly it's a lot of landscape; it's a huge expense to offer what he's offering, but I couldn't give a full recommendation without them looking at it. Georqe Solomon: I would think that we don't want to hold back the....... Ken Edwards: We can accept it subject to review from the Highway and the Town Engineer. Pat Moore: Yeah. And modified however you need to modify. As long as the plan seems; if he's volunteered the amount of plantings that he's offered, we haven't told him where they should go. He knows what we are trying to protect, and it could be anywhere from where he's put it to 5', 10' from where the last building is. But, as he said, that would interfere with his future plan, so we didn't want to tell him where to put it. Ken Edwards: We haven't had a chance to really review it. Pat Moore: No, I understand. Southold Town Planning Board Page Six March 1, 2007 Bruno Semon: And for the Board, if I could just comment, if the Board would let me once more? Pat, you have to understand that, if I'm not mistaken, your subdivision is relatively new. This property has been there for some time. The main building that I believe you are questioning is not the new Quonset hut which is the main reason for the site plan, but the existing building that was built and it was actually just an amendment. So, that building has been there for a number of years prior to your client even buying and building out his property. Pat Moore: Well, we did it cooperatively so we wouldn't have to get into a war or discussion of who came first and who came second. I think the fact that you have industrial use is inconsistent with the (inaudible) uses of Oregon Road, and all of the efforts that the Town has implemented and imposed on all these subdivisions to protect the Oregon Road corridor. So that's why we asked for a reasonable landscaping. He offered more than what we asked for. Bruno Semon: It's way beyond reasonable; it's a lot. It's a big expense for this person. Pat Moore: It's reasonable if he says it's reasonable; we didn't tell him what to do, and we're thrilled that he's offering so much. Joe Townsend: I think that it seems like what's being done here is an attempt to benefit everybody, including the Town. The only issue that we have is that we haven't had an analysis of our Engineering staff or Highway Department. But it does seem like it's done in good spirit and it's going to be to everybody's benefit to do something like this and the only issue that I can think of if there's anybody else that might be affected by this in a negative way. I can't think of anybody, but if we close the hearing and this is a new element that wasn't in the file before we opened this hearing, we might want to adjourn it without closing it so that we could get some other input on this at the next meeting. Georqe Solomon: I think what we can do is we could approve it with condition. We could approve it as a condition that the Highway Superintendent and the Town Engineer approves the plan and any changes would have to be made to the plan under those circumstances. Amv Thiel: I think also the fill that is going to be removed there needs to be determined where that's going to go as well. If they're going to remove the berm or fill that's already there right now, we need to make sure we know where it's going. Georqe Solomon: We can condition that as well, that's not a problem. So I think what we want to do is add an additional condition to the resolution and we'll sign off on the resolution assuming everybody approves it. Bruno Semon: Could we just adjourn for a minute so that I can write it? Then I'll run the resolution by the Planning Board. Georqe Solomon: Without a doubt. Southold Town Planning Board Page Seven March 1, 2007 (following discussion regarding wording of resolution:) Georqe Solomon: Is there anybody else who would like to address the Board on this application? If nobody else would like to address the Board, I would like to hear a motion to close the hearing. Joe Townsend: So moved. Ken Edwards: Second. Georqe Solomon: All in favor? Ayes. Georqe Solomon: WHEREAS, this amends the site plan approval granted on May 10, 2005 for the alteration of a 12,000 sq. ft. building with 60 parking spaces. This proposed amendment includes the interior alteration of the existing 12,000 sq. ft. building and the As Built Construction of three (3) buildings as follows: 1,184 sq. ft metal framed hut, 72 sq. ft. framed shed & 104 sq. ft metal shed with an additional 30 parking spaces for a total of 90 parking spaces on a 6.097 acre parcel in the LI Zone. SCTM#1000-83-3-4.6; and WHEREAS, Richard J. Principi, Jr. is the owner of the property located on the s/w/s/o the intersection of Oregon Road and Cox Lane known as 8595 Cox Lane in Cutchogue; and WHEREAS, on January 27,2007, the Southold Town Building issued a notice of disapproval indicating that the proposed accessory storage building will require approval from the Southold Town Planning Board; and WHEREAS, on November 14, 2006, the agent, John Condon working for the applicant Richard J. Principi, submitted a new formal amended site plan for approval; and WHEREAS, on December 14, 2006, the Architectural Review Committee reviewed the architectural drawings and associated amended site plan materials, made comments / recommendations and the Southold Town Planning Board has considered the comments / recommendations; and WHEREAS, on December 19, 2006, the Suffolk County Department of Planning responded after review and determined this matter is for "local determination as there appears to be no significant county-wide or inter-community impact(s)" and the Planning Board accepts this pursuant to 239L & M General Municipal Law; and WHEREAS, on January 11,2007, the Southold Town Building Inspector reviewed and certified the amended site plan for "Offices, Storage, Food Processing, Auto Repair Shop and Accessory Storage"; and Southold Town Planning Board Page Eight March 1, 2007 WHEREAS, on February 1,2007, the Southold Town Engineer reviewed the site plan materials and replied with three comments and the Planning Board accepted these comments and approved staff to forward them to the applicant for agreement: 1. Drainage calculations have been provided on this revised drawing and they meet the minimum requirements of Town Code. 2. Notes have been added to the drawing that require the stabilization and seeding of all steep side slopes to prevent erosion and silting of the new leaching pools. 3. Please note: All site disturbance which includes the excavations and/or regarding of the site other than those items shown on the grading and drainage plan is not permitted. It is recommended that all fill generated from the excavation of proposed new leaching pools should be used to re-establish stable side slopes immediately adjacent to the South Westerly parking areas; and WHEREAS, on February 3,2007, the Cutchogue Fire District responded that no fire well or fire hydrant is required; and WHEREAS, on February 12, 2007, the Southold Town Planning Board held a work session and agreed to set a special public hearing to accommodate the availability of the Planning Board Members for such hearing; and WHEREAS, the Southold Town Planning Board, pursuant to Chapter 58, Notice of Public Hearing, has received affidavits that the applicant has complied with the notification provisions; and WHEREAS, the following items shall be required: 1. All outdoor lighting shall be shielded so that the light source is not visible from adjacent properties and roadways. Lighting fixtures shall focus and direct the light in such a manner as to contain the light and glare within property boundaries. The lighting must meet town code requirements. 2. All signs shall meet Southold Town Zoning Codes and shall be subject to approval of the Southold Town Building Inspector. 3. As per the landscape survivability guarantee, the applicant agrees to replace any of the landscaping which dies within three (3) years of planting. RESOLVED, that the Southold Town Planning Board, pursuant to Town Code ~280-131 B (5)(b), reserves the right to review the parking requirements again if a change of use is proposed; Ken Edwards: Second the motion. Southold Town Planning Board Page Nine March 1, 2007 Georqe Solomon: All in favor? Ayes. Georqe Solomon: and be it further RESOLVED, that the Southold Town Planning Board, acting under the State Environmental Quality Review Act (6 NYCRR), Part 617.5 c (7), makes a determination that the proposed action is a Type II and not subject to review; Joe Townsend: Second. Georqe Solomon: All in favor? Ayes. Georqe Solomon: and be it further RESOLVED, that on February 26,2007, the agent, John Condon, issued a letter requesting clarification of the Town Engineer's comment #3 regarding site disturbance. The letter states: "The owner/applicant will not remove any fill generated from the proposed work as part of the amended site plan. Any steep slopes that are disturbed on the property for the installation of the drainage and sanitary will be re- established to pre-construction conditions;" and the Planning Board forwarded this to the Town Engineer for review; Ken Edwards: Second the motion. Georqe Solomon: All in favor? Ayes. Georqe Solomon: and be it further RESOLVED, on March 1, 2007, the Town Engineer responded after review of the letter from the agent, John J. Condon, PE, clarifying his previous comments by stating: "The intent of my comments listed within item #3 was to replenish the material and/or reconstruct the area where this unapproved excavation had occurred," and the Planning Board agrees with and is continuing to require the following condition: . All fill generated from the excavation of proposed new leaching pools should be used to re- establish stable side slopes immediately adjacent to the southwesterly parking areas; Ken Edwards: Second the motion. Georqe Solomon: All in favor? Ayes. Southold Town Planning Board Page Ten March 1, 2007 Georqe Solomon: and be it further RESOLVED, that the Southold Town Planning Board has reviewed the proposed action under the policies of the Town of Southold Local Waterfront Revitalization Program and has determined that the action is consistent with the Policy Standards in the February 28,2007 memo prepared by the LWRP Coordinator; Joe Townsend: Second. Georqe Solomon: All in favor? Ayes. Georqe Solomon: and be it further RESOLVED, that pursuant to Southold Town Code 280- 131 Part I, the applicant agrees to incorporate all the requirements, comments, and recommendations of each reviewing agency as referenced above and as indicated on the site plan and corresponding attachments; Ken Edwards: Second the motion. Georqe Solomon: All in favor? Ayes. Georqe Solomon: and be it further RESOLVED, that the owner, agent and/or applicant submitted a revised landscape plan to the Planning Board with a landscape change and will required the revised plan to be reviewed by the Planning Staff and the Superintendent of Highways; Joe Townsend: Second. Georqe Solomon: All in favor? Ayes. Georqe Solomon: and be it further RESOLVED, that the Southold Town Planning Board grant approval on the amended site plan drawings sheets C1 - C5 and sheets P1- P2 prepared and certified by John J. Condon, P.E. of Condon Engineering, P.C. dated February 1,2007 and authorize the Chairperson to endorse the site plan with the fulfillment of the conditions as follows: 1. The owner, agent and/or applicant shall receive approval from the Suffolk County Department of Health Services, for the approved construction and submit such approval to the Southold Town Planning Department for review. If such approval varies from this approved site plan, the Planning Board reserves the right to review a new site plan application. A copy of the Suffolk County Department of Health Services approved plan must be submitted to the Southold Town Planning Department within thirty (30) days of receipt. If applicant/agent/owner fails to adhere to this requirement this approval shall become null and void. Southold Town Planning Board Page Eleven March 1, 2007 2. All fill generated from the excavation of proposed new leaching pools should be used to re-establish stable side slopes immediately adjacent to the southwesterly parking areas. 3. The owner/applicant will comply with Southold Town Code Section 240-49. "Clearing" Part A as follows: Clearing of vegetation and/or grading is permitted only within the areas designated by the Planning Board and as shown on a final clearing and/or grading plan or plat approved by the Planning Board; and 4. The site plan approval requires that all work proposed on the site plan shall be completed within three (3) years from the date of this resolution. 5. Prior to the request for the Certificate of Occupancy, the owner or authorized agent must request, in writing, the said Building Inspector and the Planning Board to perform an on-site inspection to find the site improvements are in conformity with the approved amended site plan. 6. Prior to the request for an on-site inspection, the applicanUagenUowner must submit a copy of all required approvals from any necessary agencies to the Southold Town Planning Department. 7. If the as-built site improvements vary from the approved site plan, the Planning Board reserves the right to request a certified as-built site plan detailing all the changes. 8. Any changes from the approved site plan shall require Planning Board approval, and any such changes without Planning Board approval will be subject to referral to the Town Attorney's Office for possible legal action. 9. The Planning Board will issue a final site plan approval in the form of a letter following a site inspection and at the time the site improvements are found to be in conformance with the approved site plan. 10. The applicanUagent or owner must submit one additional complete site plan as described above for signature of the Planning Board and at such time will then receive an authorized site plan copy. Ken Edwards: Second the motion. Georqe Solomon: All in favor? Ayes. Georqe Solomon: I'd like to enter a motion to close the hearing. Ken Edwards: So moved. Southold Town Planning Board Page Twelve March 1, 2007 Georqe Solomon: All in favor? Ayes. Georqe Solomon: Opposed? Meeting adjourned. There being no further business to come before the Board, the meeting was adjourned at 5:30 p.m. ZC,"b~~ Linda Randolph, Secretary