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HomeMy WebLinkAboutPB-11/19/2007 KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON JOSEPH L. TOWNSEND MAIUNG ADDRESS: P.O. Box 1179 Southold, NY 11971 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 MEMBERS JERILYN B. WOODHOUSE Chair PLANNING BOARD OFFICE TOWN OF SOUTHOLD PUBLIC MEETING MINUTES Monday, November 19, 2007 6:00 p.m. ,'~~'" "fJ-fdLd- k,~,,-;:..~ 1! ...,J IT' 1.2 :/,$/1111 Present were: Jerilyn B. Woodhouse, Chair Kenneth L. Edwards, Member Martin H. Sidor, Member Joseph L. Townsend, Member Bruno Semon, Sr. Site Plan Reviewer Anthony Trezza, Senior Planner Carol Kalin, Secretary a~i{tFu~ , . '''',':t SETTING OF THE NEXT PLANNING BOARD MEETING Chairperson Woodhouse: Good evening, and welcome to the November 19th meeting of the Southold Town Planning Board. For our first order of business, I will entertain a motion to set Monday, December 10th, 2007 at 6:00 p.m. at the Southold Town Hall, as the time and place for the next regular Planning Board Meeting. Joseph Townsend: So moved. Ken Edwards: Second. Chairperson Woodhouse: All in favor? Ayes. ************************************* Southold Town Planninq Board Paqe Two November 19. 2007 PUBLIC HEARINGS 6:00 p.m. . Kaloski, Michael - This proposal will subdivide an 8.30-acre parcel, SCTM#1000-102-4-6.2, into 2 lots where Lot 1 equals 2.02 acres and Lot 2 equals 5.35 acres in addition with a lot line change that will transfer .402 acres from SCTM#1 000-1 02-4-6.2 to SCTM#1 000-102-4-7.1. Following the transfer, SCTM#1000-102-4-7.1 will equal .918 acres. The parcel is located on Alvah's Lane, 2,056 ft. nlo Main Road (NYS 25) and slo Middle Road (CR 48) in Cutchogue. Chairperson Woodhouse: Is there anyone here who would like to speak on this application? I must say that this is a hearing that is going to be held open. Abiqail Wickham: I am the attorney for the Kaloski's and we would like to speak in favor of the application. However, I would like to know what you are waiting for? The drainage easement, is that it? Chairperson Woodhouse: Umm hmm. Anthonv Trezza: We are still waiting for that in terms of closing out the file, but we had a notice problem. Abiqail Wickham: Oh yes, yes. I'm sorry. Yes, you did mention that to me. OK. Chairperson Woodhouse: This is being held open because of a notice problem. Would you please read the resolution? Ken Edwards: BE IT RESOLVED, that the Southold Town Planning Board hereby holds open the public hearing for the Standard Subdivision of Michael and Irene Kaloski. Joe Townsend: Second. Chairperson Woodhouse: All in favor? Ayes. **************************************** Southold Town Planninq Board Paqe Three November 19, 2007 Hearings Held Over From Previous Meetings: Charnews. Daniel & Stephanie - This proposal is for a standard subdivision of a 2304004-acre parcel into two lots where Lot 1 equals 3 acres and Lot 2 equals 2004004 acres. The property is located on the wlslo Youngs Avenue and the elslo Horton Lane, approximately 375' south of CR 48, in Southold. SCTM#1000-63-1-25 Joe Townsend: BE IT RESOLVED, that the Southold Town Planning Board hereby holds open the public hearing for the Charnews Subdivision. Ken Edwards: Second. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: That motion carries. That's the end of our hearings for tonight. We have a number of other procedural things. **************************************** CONSERVATION SUBDIVISIONS, STANDARD SUBDIVISIONS, RE- SUBDIVISIONS (Lot Line Changes) Conditional Final Determinations: Rand. Michael & Nancv - This proposal is for a re-subdivision (lot line change) to re-configure the lot lines of three parcels where, following the transfer, SCTM#1000-14-2-11.3 will equal 49,665 sq. ft., SCTM#1000-14-2-11.2 will equal 43,672 sq. ft. and SCTM#1000-14-2-3.31 will equal 42,934 sq. ft. in the R-40 Zoning District. The properties are located on the wlslo Bight Road and the elslo Grand View Drive, nlo NYS Route 25, in Orient. Martin Sidor: WHEREAS, this proposal is for a re-subdivision (lot line change) to re- configure the lot lines of three parcels where, following the transfer, SCTM#1000-14-2- 11.3 will equal 49,665 sq.ft., SCTM#1000-14-2-11.2 will equal 43,672 sq.ft., and SCTM#1000-14-2-3.31 will equal 42,934 sq.ft. in the R-40 Zoning District.; and WHEREAS, an application for a re-subdivision was submitted to the Southold Town Planning Board on September 5,2007, including a map prepared by Garrett A. Strang, R.A., dated August 30,2007; and Southold Town Planninq Board Paqe Four November 19,2007 WHEREAS, the Planning Board reviewed the proposal at their Work Session on September 17, 2007 and determined that the map needed to be revised to avoid the necessity to obtain a set-back variance from the Zoning Board of Appeals; and WHEREAS, on November 2,2007, the applicant submitted a revised map prepared by Garrett A. Strang, R.A., dated August 30,2007 and last revised on November 2,2007; and WHEREAS, the Planning Board determined that the resulting lot line change will not result in the creation of any new building lots nor will it createlincrease non-conformities; be it therefore RESOLVED, that the Southold Town Planning Board, acting under the State Environmental Quality Review Act pursuant to 6 NYCRR Part 617, Section 617.7, do an uncoordinated review of this Unlisted Action. The Planning Board establishes itself as lead agency, and as lead agency, makes a determination of non-significance and grants a Negative Declaration; Ken Edwards: Second. Chairperson Woodhouse: All in favor? Ayes. Martin Sidor: and be it further RESOLVED, that the Southold Town Planning Board hereby waive the public hearing for this project; Ken Edwards: Second the motion. Chairperson Woodhouse: All in favor? Ayes. Martin Sidor: and be it further RESOLVED, that the Southold Town Planning Board grant conditional final approval on the map prepared by Garrett A. Strang, RA dated August 30, 2007 and last revised on November 2,2007, subject to the following condition: The filing of new deeds with the Office of the Suffolk County Clerk pertaining to the lot line change and, upon filing, submission of copies to this office. Ken Edwards: Second. Southold Town Planninq Board Paqe Five November 19. 2007 Chairperson Woodhouse: All in favor? Ayes. ******************************** Goss. Porter & Marv/Upston. Charles III - This proposal is for are-subdivision (lot line change) that will merge SCTM#1000-3-6-3.6 with the adjacent properties to the east and west, where following the transfer, SCTM#1000-3-6-3.2 will equal 6.09 acres and SCTM#1000-3-6-2 will equal 2.60 acres in the R-120 Zoning District. The properties are located on the slslo a private right-of-way, wlo Chocomount Drive on Fishers Island. Ken Edwards: WHEREAS, this proposal is for a re-subdivision (lot line change) that will merge SCTM#1 000-3-6-3.6 with the adjacent properties to the east and west, where following the transfer, SCTM#1000-3-6-3.2 will equal 6.09 acres and SCTM#1000-3-6-2 will equal 2.60 acres in the R-120 Zoning District.; and WHEREAS, an application for a re-subdivision (lot line change) was submitted on September 10, 2007, including the map prepared by CME Associates, Engineering, Land Surveying & Architecture, PLLC, dated August 6, 2007; and WHEREAS, the Planning Board reviewed the application at their Work Session on September 17, 2007 and determined that the proposal will reduce density by one building lot; be it therefore RESOLVED, that the Southold Town Planning Board, acting under the State Environmental Quality Review Act pursuant to 6 NYCRR Part 617, Section 617.7, do an uncoordinated review of this Unlisted Action. The Planning Board establishes itself as lead agency and, as lead agency, makes a determination of non-significance and grants a Negative Declaration; Martin Sidor: Second. Chairperson Woodhouse: All in favor? Ayes. Ken Edwards: and be it further RESOLVED, that the Southold Town Planning Board hereby waive the public hearing for this project; South old Town Planninq Board Paqe Six November 19. 2007 Martin Sidor: Second. Chairperson Woodhouse: All in favor? Ayes. Ken Edwards: and be it further RESOLVED, that the Southold Town Planning Board grant conditional final approval on the surveys prepared by CME Associates, Engineering, Land Surveying & Architecture, PLLC, dated August 6,2007, subject to the following conditions: 1. Review by the Fishers Island Development Corporation (FIDCO). 2. The filing of new deeds with the Office of the Suffolk County Clerk pertaining to the lot line change and, upon filing, submission of a copy to this office. Martin Sidor: Second. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: That motion carries. ************************************************ Setting of Final Hearings: Marco. Philip & Patricia - This proposal is for a conservation subdivision of four parcels of land totaling 133 acres into eight lots where Lot 1 is 10.6125 acres and includes a 2.4879-acre building envelope and 8.1246 acres to be preserved through a Development Rights Sale to the Town of Southold; Lot 2 is 8.6160 acres; Lot 3 is 5.1462 acres; Lot 4 is 28.1383 acres and includes a 2.0134-acre building envelope and 26.1249 acres to be preserved through a Development Rights Sale to the Town of Southold; Lot 5 is 5.6667 acres; Lot 6 is 8.7294 acres and includes a 2.9496-acre building envelope and 5.3298 acres to be preserved by a Conservation Easement; Lot 7 is 5.478 acres and includes a 1.9773-acre building envelope and 3.5705 acres to be preserved by a Conservation Easement; Lot 8 is 58.6862 acres and includes a 2.0057-acre building envelope and 56.6805 acres to be preserved through a Development Rights Sale to the County of Suffolk. The properties are located on the s/e/s/o Leslie's Road, the s/w/c/o Indian Neck Road and the e/s/o Bay Avenue in Peconic. SCTM#1000-97- 9-10.4 & 12; 98-1-2.1 & 27.1 Southold Town Planninq Board Paqe Seven November 19. 2007 Joe Townsend: WHEREAS, this proposal is for a conservation subdivision of four parcels of land totaling 133 acres into eight lots where Lot 1 is 10.6125 acres and includes a 2.4879-acre building envelope and 8.1246 acres to be preserved through a Development Rights Sale to the Town of Southold; Lot 2 is 8.6160 acres; Lot 3 is 5.1462 acres; Lot 4 is 28.1383 acres and includes a 2.0134-acre building envelope and 26.1249 acres to be preserved through a Development Rights Sale to the Town of Southold; Lot 5 is 5.6667 acres; Lot 6 is 8.7294 acres and includes a 2.9496-acre building envelope and 5.3298 acres to be preserved by a Conservation Easement; Lot 7 is 5.478 acres and includes a 1.9773-acre building envelope and 3.5705 acres to be preserved by a Conservation Easement; Lot 8 is 58.6862 acres and includes a 2.0057- acre building envelope and 56.6805 acres to be preserved through a Development Rights Sale to the County of Suffolk; and WHEREAS, an application for sketch approval was submitted on October 31,2007, including the sketch plan prepared by Howard W. Young, L.S., dated October 24,2007, and the sketch plan/aerial overlay map prepared by Howard W. Young, L.S., dated October 24, 2007; and WHEREAS, in consideration of the time sensitive nature of this project, which includes the permanent preservation of 96.6596 acres of land, the South old Town Planning Board held several pre-submission meetings with the applicant on a number of occasions in order to facilitate a timely processing of the application; and WHEREAS, the Planning Board most recently reviewed the application at their Work Session on November 5, 2007 and deemed the application complete but required minor revisions to the map with respect to the conservation subdivision calculations; and WHEREAS, on November 16, 2007, the applicant submitted revised maps, including the sketch plan prepared by Howard W. Young, L.S., dated October 24,2007 and last revised on November 7,2007, and the sketch plan/aerial overlay map prepared by Howard W. Young, L.S., dated October 24,2007 and last revised on November 7,2007; and WHEREAS, the Southold Town Planning Board finds that the proposal meets the conservation subdivision criteria pursuant to Chapter 240 of the Southold Town Code; and WHEREAS, the Southold Town Planning Board finds that the proposal is not subject to the inclusionary zoning requirements for affordable housing pursuant to Section 240- 10B(c) of the Southold Town Code; be it therefore Southold Town Planninq Board Paqe Eiqht November 19. 2007 RESOLVED, that the South old Town Planning Board, acting under the State Environmental Quality Review Act pursuant to 6 NYCRR Part 617, Section 617.7, do an uncoordinated review of this Unlisted Action. The Planning Board establishes itself as lead agency and, as lead agency, makes a determination of non-significance and grants a Negative Declaration; Ken Edwards: Second. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: That motion carries. Joe Townsend: and be it further RESOLVED, that the Southold Town Planning Board hereby grants conditional sketch approval upon the map prepared Howard W. Young, L.S., dated October 24,2007 and last revised on November 7,2007, subject to the following conditions: 1) Submission of the application for final plat approval. 2) Submission of the final map with all of the technical requirements pursuant to Section 240-21 of the Southold Town Code in addition to the following: a) The title of the map shall indicate that this is a conservation subdivision. b) Add a note which states that in the event that the Development Rights Sale is not completed pursuant to the approved subdivision map and a copy of the recorded Deed of Development Rights Easement is not submitted to the Town of Southold Planning Department, the Planning Board's approval of the subdivision shall no longer be valid. c) Add a note which states that the Town of Southold Building Department shall not issue building permits for any of the lots on the approved subdivision map until the Development Rights Sale is completed pursuant to the approved subdivision map and a copy of the recorded Deed of Development Rights Easement is submitted to the Town of Southold Planning Department. d) Add a note which states that a Declaration of Covenants and Restrictions has been filed in the County Clerk's Office and that such Covenants and Restrictions affect the subdivision and the properties within. e) State that the subdivision has been adopted pursuant to the terms of the amended Chapter 240, Subdivision of Land, effective August 24, 2004. 3) Submission of the final Road and Drainage Plans. 4) Submission of a Draft Bond Estimate. Southold Town Plan nino Board Paoe Nine November 19. 2007 5) Submission of a permit or Letter of Non-Jurisdiction from the New York State Department of Environmental Conservation and the Southold Town Trustees, if applicable. 6) Submission of Draft Declaration of Covenants & Restrictions containing provisions and clauses required by the Planning Board as conditions of approval. 7) Submission of a Draft Road and Maintenance Agreement. 8) Submission of a Draft Homeowners Association Agreement. 9) LWRP Coastal Consistency Review by the Town of Southold. 10)Review and approval from the Suffolk County Planning Commission. 11 )Submission of the Park and Playground Fee in the amount of $24,500 ($3,500 for each new residential lot being created); Chairperson Woodhouse: Second. All in favor? Ayes. Joe Townsend: and be it further RESOLVED, that the Southold Town Planning Board set Monday, December 10, 2007 at 6:15 p.m. for a final public hearing on the final plat to be prepared in accordance with the requirements of this approval. Ken Edwards: Second the motion. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: And that motion carries. Thank you. ******************************** Setting of Preliminary Hearings: Onufrak. Peter & Gloria - This proposal is for a standard subdivision of a 7.0415-acre parcel into two lots where Lot 1 equals 1.3366 acres and Lot 2 equals 5.7049 acres, inclusive of a 1.3365-acre building envelope and 4.3684 acres of subdivision Open Space that will be permanently preserved by a Conservation Easement. The property is located on the nle corner of CR 48 and Mary's Road in Mattituck. SCTM#1000-114-5-1 Southold Town Planninq Board Paqe Ten November 19. 2007 Martin Sidor: WHEREAS, this proposal is for a standard subdivision of a 7.0415-acre parcel into two lots where Lot 1 equals 1.3366 acres and Lot 2 equals 5.7049 acres, inclusive of a 1.3365-acre building envelope and 4.3684 acres of subdivision Open Space that will be permanently preserved by a Conservation Easement; and WHEREAS, an application for sketch approval was submitted on November 9, 2006, including the sketch plan prepared by John T. Metzger, L.S. dated November 2, 2006; and WHEREAS, on August 14, 2007, the Southold Town Planning Board started the SEQRA lead agency coordination process for this Unlisted Action; and WHEREAS, on August 14, 2007, the Southold Town Planning Board granted conditional sketch approval upon the map prepared by John T. Metzger, L.S., dated June 29, 2006 and last revised on August 1, 2007; and WHEREAS, on October 19, 2007, the applicant submitted the application for preliminary plat approval, one (1) copy of the Draft Declaration of Covenants and Restrictions and the preliminary plat prepared by John T. Metzger, L.S., dated June 29,2006 and last revised on October 5, 2007; and WHEREAS, on November 9,2007, the applicant submitted a Letter of Water Availability issued by the Suffolk County Water Authority; be it therefore RESOLVED, that the Southold Town Planning Board, acting under the State Environmental Quality Review Act pursuant to 6 NYCRR Part 617, Section 617.7, establishes itself as lead agency for the unlisted action and, as lead agency, grants a Negative Declaration for the proposed action; Chairperson Woodhouse: Second. All in favor? Ayes. Martin Sidor: and be it further RESOLVED, that the Southold Town Planning Board set Monday, December 10, 2007 at 6:10 p.m. for a preliminary public hearing on the preliminary plat prepared by John T. Metzger, L.S., dated June 29, 2006 and last revised on October 5,2007. Ken Edwards: Second the motion. Chairperson Woodhouse: All in favor? Ayes. Southold Town Planninq Board Paqe Eleven November 19. 2007 Conditional Sketch Determinations: Foster, Arthur - This proposal is to subdivide a 3.2424-acre parcel into three lots, where Lot 1 equals 52,743 sq. ft., Lot 2 equals 42,000 sq. ft. and Lot 3 equals 46,510 sq. ft. in the Light Industrial (L1) Zoning District. The property is located on the s/e/c/o Corporate Road and Commerce Drive in Cutchogue. SCTM#1000-96-1-1.5 Ken Edwards: WHEREAS, this proposal is to subdivide a 3.2424-acre parcel into three lots, where Lot 1 equals 52,743 sq. ft., Lot 2 equals 42,000 sq. ft. and Lot 3 equals 46,510 sq. ft. in the Light Industrial (L1) Zoning District; and WHEREAS, an application for sketch approval was submitted on August 18, 2006, including an undated and unsigned concept plan that was reviewed by the Planning Board at their Work Session on August 21, 2006; and WHEREAS, on June 14,2007, the applicant submitted a new sketch plan prepared by John T. Metzger, L.S., dated June 5, 2007, which was reviewed by the Planning Board at their Work Session on June 18, 2007; be it therefore RESOLVED, that the South old Town Planning Board start the SEQRA lead agency coordination process for this Unlisted Action; Martin Sidor: Second. Chairperson Woodhouse: All in favor? Ayes. Ken Edwards: and be it further RESOLVED, that the Southold Town Planning Board hereby grants conditional sketch approval on the map prepared by John T. Metzger, L.S., dated June 5, 2007, subject to the following conditions: 1. Submission of the application and fee for preliminary plat approval. The preliminary map shall contain all of the technical requirements pursuant to Section 240-17 of the Southold Town Code, in addition to the following changes: a. The title of the map shall read "Standard Subdivision for the Property of Arthur Foster". b. Show the 5'-wide landscape buffer along the northwesterly property line in accordance with the approved subdivision map of North Fork Industrial Park. c. Show the location of the curb-cuts on the surrounding properties for which site plans have been approved by the Planning Board. Southold Town Planninq Board Paqe Twelve November 19. 2007 d. Show the location of all buildings, structures and other improvements within 500' of the subject property. 2. Submission of a Letter of Water Availability from the Suffolk County Water Authority. 3. Submission of Draft Declaration of Covenants & Restrictions containing provisions and clauses required by the Planning Board as conditions of approval. 4. Review by the Town of Southold LWRP Coordinator. Martin Sidor: Second. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: That motion carries. Thank you. ********************************************** CONSERVATION SUBDIVISIONS, STANDARD SUBDIVISIONS, RE- SUBDIVISIONS (Lot Line Changes) - STATE ENVIRONMENTAL QUALITY REVIEW ACT Determinations: Vitti. Irene - This proposal is for a clustered conservation subdivision of a 20.7572-acre parcel into four (4) lots, where Lot 1 is 18.7513 acres, inclusive of a 1.956-acre building lot and 16.795 acres to be preserved through a Development Rights Sale to the County of Suffolk; Lot 2 equals 30,003 square feet; Lot 3 equals 30,000 square feet; and Lot 4 equals 25,956 square feet in the A-C Zoning District. The property is located on the nlslo County Road 48, approximately 870 ft. wlo Horton's Lane, in Southold. SCTM#1000- 59-3-27 Joe Townsend: WHEREAS, this proposal is for a clustered conservation subdivision of a 20.7572-acre parcel into four (4) lots, where Lot 1 is 18.7513 acres, inclusive of a 1.956-acre building lot and 16.795 acres to be preserved through a Development Rights Sale to the County of Suffolk; Lot 2 equals 30,003 square feet; Lot 3 equals 30,000 square feet; and Lot 4 equals 25,956 square feet in the A-C Zoning District; and Southold Town Planninq Board Paqe Thirteen November 19. 2007 WHEREAS, an application for sketch approval was submitted on January 31,2007, including the sketch plan prepared by John C. Ehlers, L.S., dated March 22, 2006 and last revised on November 17, 2006; and WHEREAS, the Southold Town Planning Board reviewed this application at their Work Session on Monday, February 26, 2007; and WHEREAS, on March 12, 2007, the Southold Town Planning Board started the SEQRA lead agency coordination process for this unlisted action; and WHEREAS, on October 11, 2007, the applicant submitted the revised sketch plan prepared by Kenneth H. Beckman, L.S., dated July 30,2007 and last revised on October 2,2007; and WHEREAS, on October 15, 2007, the Southold Town Planning Board, acting under the State Environmental Quality Review Act pursuant to 6 NYCRR Part 617, Section 617.7, established itself as lead agency for the unlisted action; be it therefore RESOLVED, that the Southold Town Planning Board, acting under the State Environmental Quality Review Act pursuant to 6 NYCRR Part 617, Section 617.7, establishes itself as lead agency for the unlisted action and, as lead agency, grants a Negative Declaration for the proposed action. Ken Edwards: Second. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: That motion carries. ********************************************** Briarcliff Sod, Inc. - This proposal is for a conservation subdivision of a 24.97- acre parcel into three lots where Lot 1 equals 1.71 acres, Lot 2 equals 1.71 acres and Lot 3 equals 21.55 acres upon which the Development Rights to 21.22 acres have been sold to the County of Suffolk. The property is located on slslo NYS Route 25 and the nlslo Leslie's Road, approximately 1,500 feet elo Bay Avenue, in Peconic. SCTM#1000-85-3-12.1 & 12.2; 97-10-1 Southold Town PlanninQ Board PaQe Fourteen November 19. 2007 Chairperson Woodhouse: WHEREAS, this proposal is for a conservation subdivision of a 24.97-acre parcel into three lots where Lot 1 equals 1.71 acres, Lot 2 equals 1.71 acres and Lot 3 equals 21.55 acres upon which the Development Rights to 21.22 acres have been sold to the County of Suffolk; and WHEREAS, an application for sketch approval was submitted on June 21,2007, including the sketch plan prepared by John C. Ehlers, L.S., dated May 23,1997 and last revised on April 16, 2007; and WHEREAS, the Southold Town Planning Board reviewed a concept plan for this parcel at their Work Session on May 7,2007; and WHEREAS, on August 13, 2007, the Southold Town Planning Board started the SEQRA lead agency coordination process for this Unlisted Action; and WHEREAS, on October 15, 2007, the South old Town Planning Board granted conditional sketch approval upon the map prepared by John C. Ehlers, L.S., dated May 23, 1997 and last revised on April 16, 2007; be it therefore RESOLVED, that the Southold Town Planning Board, acting under the State Environmental Quality Review Act, pursuant to 6 NYCRR Part 617, Section 617.7, establish itself as lead agency for the unlisted action and, as lead agency, grants a Negative Declaration for the proposed action. Ken Edwards: Second. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: That motion carries. ********************************************** Southold Town Planninq Board Paqe Fifteen November 19. 2007 SITE PLANS Final Determinations: Sparklina Pointe Winery - This site plan is for an alteration of an existing building into a new winery totaling 11,541 sq. ft. which includes 813 sq. ft. of office, 837 sq. ft. of retail, 4,170 sq. ft. of tasting room, 3,306 sq. ft. of storage area and 2,415 sq. ft. of production area with 41 parking spaces on a 12.088- acre parcel in the A-C Zone located on the sIsto County Road 48, approximately 1,699 ft. w/o Tucker Lane, known as 39750 County Road 48, in Southold. SCTM#1 000-59-1 0-1 Martin Sidor: WHEREAS, this site plan is for an alteration of an existing building into a new winery totaling 11,541 sq. ft. which includes 813 sq. ft. of office, 837 sq. ft. of retail, 4,170 sq. ft. of tasting room, 3,306 sq. ft. of storage area and 2,415 sq. ft. of production area on a 12.088- acre parcel in the A-C Zone located on the south side of County Road 48, approximately 1,699 ft. west of Tucker Lane, known as 39750 County Road 48, in Southold. SCTM#1 000-59-1 0-1 ; and WHEREAS, Thomas P. Rosicki is the owner of the property known as 39750 County Road 48 in Southold; and WHEREAS, on September 10, 2007, the Southold Town Planning Board closed the final public hearing; and WHEREAS, on September 10,2007, the Southold Town Planning Board granted approval on the site plan set 1-8 prepared by Samuels & Steelman and certified by Nancy L. Steelman, Architect, dated as follows: Plan Numbers 1, 5, 6, 7 & 8 are dated August 7, 2007, Plan Numbers 2 & 3 are dated August 30,2007 and Plan Number 4 is dated September 6,2007, and authorized the Chairperson to endorse the site plan after the revised landscape plan is submitted and approved by the Planning Board with the following conditions: 1. The owner, agent and/or applicant proposed to enhance/change the landscape on the County Road 48 Frontage and submit a revised landscape plan Drawing Number 4 detailing the landscape enhancements/changes to be reviewed and approved by the Southold Town Planning Board. 2. The owner, agent and/or applicant proposed to install signage that strictly prohibits bus use of the site and install such signage to the satisfaction of the Southold Town Planning Board. Southold Town Plannina Board Paae Sixteen November 19. 2007 3. 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. 4. The owner, agent and/or applicant shall apply for a changed approval from the Southold Town ZBA for the landscape changes as shown on this site plan or must meet the condition as imposed by the ZBA in Appeal #5520 and revise the approved site plan landscape as required. 5. The owner, agent and/or applicant shall receive permit approval from the Suffolk County Department of Public Works 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 Public Works 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. 6. If necessary, the applicant/agent/owner must obtain a Phase II State Pollutant Discharge Elimination System (SPDES) Permit from the New York State Department of Environmental Conservation (NYS DEC) for the approved construction. A copy of the NYS DEC SPDES Permit must be submitted to the Southold Town Planning Department within thirty (30) days of receipt. 7. The owner, agent and/or applicant agrees to build out the site and install all handicap parking stalls, access aisles and signage in compliance with New York State Code and ADA Requirements. 8. The owner, agent and/or applicant understands and agrees that the Southold Town Building Department will review the approved proposed build out under a Building Permit Application and that all construction must meet or exceed the required codes and this site plan approval is subject to change to conform to any requirement of Local & State Regulations as applied during the building permit review. 9. 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. South old Town Planninq Board Paqe Seventeen November 19. 2007 10. 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 site plan. 11. Prior to the request for an on-site inspection, the applicanVagenVowner must submit a copy of all required approvals from any necessary agencies to the Southold Town Planning Department. 12. Upon inspection, 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. 13.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. 14. 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. 15. The owner, agent and/or applicant must provide and ensure all necessary safety precautions are implemented before, during and upon completion of any construction at the site for anyone on the site as may be required by all authorities having jurisdiction; and WHEREAS, on September 27,2007, Ural Talgat submitted the New York State Department of Environmental Conservation Acknowledgement of the Notice of Intent for SPEDES General Permit No. GP-02-02 and this satisfies the requirement of Condition Number 6 of the approval granted on September 11, 2007; and WHEREAS, on October 18, 2007, Ural Talgat submitted a revised site plan and the Planning Board held a Work Session on October 29, 2007 to review the revised landscape plan which satisfies the requirement of Condition Number 1 of the approval granted on September 11, 2007; and WHEREAS, on October 18, 2007, Ural Talgat submitted a site utilities plan stamped approved by the Suffolk County Department of Health Services with Reference Number C10-07-0008 for a winery and the Planning Board held a Work Session on October 29, 2007 to review the revised landscape plan which satisfies the requirement of Condition Number 3 of the approval granted on September 11, 2007; therefore, be it South old Town Planninq Board Paqe Eiqhteen November 19. 2007 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 including the previously issued resolution dated September 11, 2007; Ken Edwards: Second. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: That motion carries. Martin Sidor: and be it further RESOLVED, that the Southold Town Planning Board grant approval on the site plan set 1-8 prepared by Samuels & Steelman and certified by Nancy L. Steelman Architect, dated as follows: Plan Numbers 1, 5, 6, 7 & 8 are dated August 7, 2007, Plan Numbers 2 & 3 are dated August 30,2007 and Plan Number 4 is dated September 6,2007 and last revised October 29,2007, and authorize the Chairperson to endorse the site plan set approved by the Planning Board with the following conditions: 1. The owner, agent and/or applicant proposed to install signage that strictly prohibits bus use of the site and install such signage to the satisfaction of the Southold Town Planning Board. 2. The owner, agent and/or applicant shall apply for a change in approval from the Southold Town ZBA for the landscape changes as shown on this site plan or must meet the condition as imposed by the ZBA in Appeal #5520 and revise the approved site plan landscape as required. A copy of the ZBA 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. 3. The owner, agent and/or applicant shall receive permit approval from the Suffolk County Department of Public Works 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 Public Works 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 Planninq Board Paqe Nineteen November 19. 2007 4. The owner, agent and/or applicant agrees to build out the site and install all handicap parking stalls, access aisles and signage in compliance with New York State Code and ADA Requirements. 5. The owner, agent and/or applicant understands and agrees that the South old Town Building Department will review the approved proposed build out under a Building Permit Application and that all construction must meet or exceed the required codes and this site plan approval is subject to change to conform to any requirement of Local & State Regulations as applied during the building permit review. 6. 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. 7. 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 site plan. 8. Prior to the request for an on-site inspection, the applicant/agent/owner must submit a copy of all required approvals from any necessary agencies to the South old Town Planning Department. 9. Upon inspection, 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. 10.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. 11. 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. 12. The owner, agent and/or applicant must provide and ensure all necessary safety precautions are implemented before, during and upon completion of any construction at the site for anyone on the site as may be required by all authorities having jurisdiction. Ken Edwards: Second. Chairperson Woodhouse: All in favor? Southold Town Planninq Board Paqe Twentv November 19. 2007 Ayes. Chairperson Woodhouse: That motion carries. ********************* Set Hearings: Blue Duck Bakery - This new site plan is for the proposed conversion of an existing automotive service building to a bakery where 400 sq. ft. is for retail, 1,680 sq. ft. is for storage and 1,080 sq. ft. is for food processing where 6 parking spaces are required and 11 are provided, on a 10,211.40 sq. ft. parcel in the Hamlet Business Zone located on the n/s/o New York State Road 25, approximately 576' east of Boisseau Avenue, known as 56275 Main Road in Southold. SCTM#1000-63-3-12 Ken Edwards: WHEREAS, this new site plan is for the proposed conversion of an existing automotive service building to a bakery where 400 sq. ft. is for retail, 1,680 sq. ft. is for storage and 1,080 sq. ft. is for food processing where 6 parking spaces are required and 11 are provided on a 10,211.40 sq. ft. parcel in the Hamlet Business Zone located on the n/s/o New York State Road 25, approximately 576' east of Boisseau Avenue, known as 56275 Main Road, in Southold. SCTM#1000-63-3-12; be it therefore RESOLVED, that the Southold Town Planning Board, acting under the State Environmental Quality Review Act (6 NYCRR) Part 617.5c (7), make a determination that the proposed action is a Type II and not subject to review; Chairperson Woodhouse: Second. All in favor? Ayes. Chairperson Woodhouse: That motion carries. Ken Edwards: and be it further RESOLVED, that the Southold Town Planning Board set Monday, December 10, 2007 at 6:00 p.m. for a final public hearing. Joe Townsend: Second. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: That motion carries. Southold Town Planninq Board Paqe Twentv-One November 19. 2007 Chairperson Woodhouse: The next item has been pulled from the Agenda. SITE PLANS - STATE ENVIRONMENTAL QUALITY REVIEW ACT Lead Agency Designation: Peconic Recyclina & Transfer II - This site plan is for new construction of a building that includes 32,000 sq. ft. of warehouse space and 2,200 sq. ft. of office space for a transfer station use on a vacant 118,164.2 sq. ft. parcel in the L10 Zone located at the north intersection of Corporate Road and Commerce Drive known as 560 Commerce Drive in Cutchogue. SCTM 1000-95-2-5 Chairperson Woodhouse: That concludes our resolutions for the evening ******************************** APPROVAL OF PLANNING BOARD MINUTES Chairperson Woodhouse: I will entertain a motion next to approve the minutes of March 12,2007. Joe Townsend: So moved. Ken Edwards: Second. Chairperson Woodhouse: All in favor? Ayes. ******************************************** Chairperson Woodhouse: Before we adjourn, is there anyone who would like to address the Board on any matter? Please step up to the microphone and state your name and address for the record. John Lattiman: I'm from Cutchogue: 1200 Harbor Lane. I'm here regarding a complaint my wife filed back in September; in fact on September 4th I delivered it personally to your office. We did get a return letter; it's regarding a complaint on Alvah's Lane, Satur Farms, about trucks running their refrigeration units; there are six units running there continuously, 24 hours a day. There's two trucks running there that are loaded up ready to go to the city; there's 8 trucks running there with the noise, the fumes. We have a Southold Town Plannina Board Paae Twentv-Two November 19. 2007 house there; we cannot rent it because of the fumes. The people next door had to put air conditioning in to close their house up to live there. They leave for Florida early because of these problems. I'd like to ask the question: has the Planning Board gone up there and looked at this complaint? We know there was a reply in the paper from Mr. Sidor, OK, which didn't go very well with the neighbors. Chairperson Woodhouse: Is there anyone who would like to respond? John Lattiman: I checked with the Supervisor, Mr. Sidor says there's a "right to farm" law in New York State. The Supervisor says there is none. There is the Town Code, which my son-in-law helped draft, Steve Mudd. I'd just like to know what the Planning Board has done on these complaints from these people; we are not the only one who complained. Martin Sidor: The Town does have a "right to farm." John Lattiman: The Town? You said the State. Agricultural Markets, the State. Martin Sidor: Well, it comes from Ag & Markets. The point I tried to or tend to make is that I will always support agriculture. John Lattiman: I do, too. My wife grew up across the street, and she was born in 1934. We were newcomers into the Town. Martin Sidor: As you know, I did finally call your son. John Lattiman: What does my son have to do with it? You were supposed to call me. The Supervisor told me you were supposed to call and meet up there with us. Martin Sidor: I called your son. I wasn't aware of that. And I did speak with several other neighbors. I spoke with your son two months ago. John Lattiman: Yeah, two months. Chairperson Woodhouse: At this point, what is the status of the application before us? Bruno Semon: If you'd like, I'll speak on it; I'm not fully aware of it, but what you need to know is right now it has not been brought in front of the Planning Board; they have no action with respect to that parcel or site or its activities. It has to be brought through Code Enforcement and dictated that it needs a site plan. Then, the person needs to come in and apply for a site plan. Until they apply for a site plan with an application, this Board cannot really chime in on it. So I can tell you, currently I am not aware of a paid- for application in front of this Board. If there is one, I am not aware of it; I would see it. Southold Town Plannina Board Paae Twenty-Three November 19. 2007 John Lattiman: But they are operating there; why aren't they closed down? Bruno Semon: This Board has no enforcement capabilities. Chairperson Woodhouse: I just want to repeat that; as a Planning Board, we are not the enforcers. It would have to come out of the Attorney's Office, the enforcement agency within the Town. We would not be in that role ever. John Lattiman: The Town has received numerous pictures; there's another violation, there's 7 or 8 300-lb. gas tanks by a building there. If they ever have a leak, we know what happens when a 30-pounder flies 400 feet through the air at the I.M. Young fire. With these, they're gonna blow up the whole neighborhood. Nothing is done; these pictures were given to the Town. Chairperson Woodhouse: I personally will make sure that it is again brought to the attention of the Town Attorney and Code Enforcement now that you've been here. John Lattiman: We were told to put the complaint in to the Planning Board. Joe Townsend: Who told you? John Lattiman: Supervisor's Office. Joe Townsend: If there was a site plan in front of us and somebody was in violation of a site plan, we would go out and look at it; first of all staff does, and we generally meet on the premises. But unless there's a site plan filed in our office, we have no basis for doing that. We did know about this, and I know I've seen sketches of something that they wanted to do. It wasn't a formal site plan, but I have seen sketches of what they said they were going to do. So, we've discussed it but we haven't yet received the site plan. John Lattiman: How are they operating there now without a site plan? Joe Townsend: I don't know if they're operating legally or not; I don't know. understand that parking a vehicle there, is that illegal? John Lattiman: They're using Alvah's Lane for a loading platform, going down with boxes piled on it and there's no registration on the vehicle. There's tractor-trailers parked out by the road right on the road, they almost hit a school bus one day. Joe Townsend: Seems to me there's a lot of agencies that would have an interest in that; whether it be the police, for undocumented trucks, or whether it would be the police for disturbing the peace. That's the entity that I think would be appropriate. Southold Town Planninq Board Paqe Twentv-Four November 19, 2007 Chairperson Woodhouse: What I'd like to suggest is that the staff and the Planning Director take a look at this issue and inform the Planning Board of what the status of the application is so that we can determine what we can do. John Lattiman: The fumes are terrible. Cement dust coming over; they don't blacktop anything. It's terrible. The whole neighborhood filed complaints. Why weren't they sent from you to Code Enforcement? Chairperson Woodhouse: If we get a complaint in our department, we forward it to the Code Enforcer to investigate. We will follow up and ask specifically what has been done out of that office. John Lattiman: I worked 23 years for Suffolk County handling complaints; we didn't let it go by. We had to; otherwise our job was gone. This is ridiculous. Chairperson Woodhouse: What I can say to you is that we will ask with all deliberate speed between the staff and the Planning Board and respond to you as quickly as we can. Bruno Semon: Madame Chairperson, if you want, he can contact us tomorrow. If he gives his phone number, I will call him. John Lattiman: It's not that it's gotta be done tomorrow. Chairperson Woodhouse: You are describing a potentially serious situation and we will respond to it quickly. Bruno Semon: It's not a problem to find out where it's at, but just be aware that all Code Enforcement and administration of the Code is done through the Building Department. They are the only ones in the Town that can actually enforce any type of violation or Code Enforcement issue. Then it goes to Ed Forrester in the Town Attorney's Office. At the very end, it's sent through site plan review after it's actually enforced and brought into court. Chairperson Woodhouse: We don't have a site plan application. Joe Townsend: You've been to the Town Board with this, right? Bruno Semon: Supervisor can start this and get this rolling; he has a Code Enforcement policy and that goes directly to the Town Attorney's Office and Ed Forrester. It has nothing to do with Planning and cannot involve Planning Staff. It's a direct complaint that goes into the Town Attorney/Ed Forrester. Southold Town Planninq Board Paqe Twentv-Five November 19. 2007 Martin Sidor: For the record, John, there seems to be some miscommunication here. The Supervisor was not in touch with me to be in contact with you. John Lattiman: He said there was going to be a retraction in the paper. He told me the week after this come out in the paper. Martin Sidor: That needs to be cleared up. Are you going to be in touch with the Supervisor tomorrow? Have him call me and I'll be glad to come down here and straighten that out. John Lattiman: I'd like to see somebody go up and look at the situation. Representatives of the Planning Board. To see what we're trying to live with. Martin Sidor: That also. But I was not aware of any of that; what you just told me. was not aware of any of it. John Lattiman: The dust, the fumes and the noise. He's in violation of the Southold Town Agricultural law with the noise and the fumes; it's an unhealthy situation. Chairperson Woodhouse: Our staff will tomorrow follow up with the Enforcement Office and see where that stands. Bruno Semon: John, just give me your phone number so I have it here in front of me. John Lattiman: 734-6126 Joe Townsend: Is there a preliminary site plan on this? I did see drawings; what was that? Heather Lanza: An old site plan; we have to look into it; I don't have the file here. John Lattiman: You must have something; they've been operating there for five years. We're putting up with this. Chairperson Woodhouse: Again, we do not have currently an active site plan before us. Bruno Semon: Just so the Board is aware, if John would like to know, I'll put it on for a work session update next Monday so the Planning Board will be made aware of whatever the status is in our Department and the Town. Joe Townsend: I understand there is an approved site plan on this somewhere going back. If they are in violation of that, then that's something that we can do. Southold Town Planninq Board Paqe Twentv-Six November 19. 2007 Chairperson Woodhouse: Before we go any further, we don't have the information. We will get the information and someone will speak to you tomorrow. Is there anyone else who would like to address the Board at this time? Ken Edwards: We are losing two key players in our Department and I would just like to thank them for their work for the Town, and also wish them the best of luck: Amy and Anthony. Chairperson Woodhouse: Thank you for a job well done; you will be very much missed. With that happy note, I will entertain a motion to adjourn. Joe Townsend: So moved. Ken Edwards: Second. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: We are adjourned. ************************************************ There being no further business to come before the meeting, it was adjourned at 6:20 p.m. r"" ) ~ Linda Randolph, T nscribing Secretary ~~~~- oodhouse, Chairperson RIC[rV~~D v. ~ 102. .~ IS" flllf .. . . ^~OCL8 C:P~C7.~ Sr't~"r::~.' '!';-~, :."'\_.,.:1. " ,. ...."",. .', '-, ~