HomeMy WebLinkAboutPB-08/11/2008PLANNING BOARD MEMBERS
JER1LYN B. WOODHOUSE
Chair
KENNETH L. EDWARDS
MARTIN H. SIDOR
GEORGE D. SOLOMON
JOSEPH L. TOWNSEND
Present were:
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
PUBLIC MEETING MINUTES
Monday, August 11, 2008
6:00 p.m.
Jerilyn B. Woodhouse, Chair
Kenneth L. Edwards, Member
Martin H. Sidor, Member
George D. Solomon, Member
Heather Lanza, Planning Director
Tamara Sadoo, Planner
Kristy Winser, Senior Planner
Carol Kalin, Secretary
MAILING ADDRESS:
P.O. Box 1179
Southold, NY 11971
OFFICE LOCATION:
Town Hall Annex
54375 State Route 25
(cot. Main Rd. & Youngs Ave.)
Southold, NY
Telephone: 631 765-1938
Fax: 631 765-3136
~Town Clerk
SETTING OF THE NEXT PLANNING BOARD MEETING
Chairperson Woodhouse: Good evening, and welcome to the August 11t" meeting of
the Southold Town Planning Board. For our first order of business, I will entertain a
motion to set Monday, September 8th, 2008 at 6:00 p.m. as the time and place for the
next regular Planning Board Meeting.
George Solomon: So moved.
Martin Sidor: Second.
Chairperson Woodhouse: All in favor?
Ayes.
Southold Town Planning Board Page Two August 11, 2008
PUBLIC HEARINGS
6:00 p.m. - Peconic Recyclin.q & Transfer Corp. - This site plan is for the 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
LIO 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: Is there anyone who would like to speak on this application?
Abigail Wickham: Good evening. I represent the owner. I have with me tonight Rocky
DiVello, who is a representative of the owner, Gene Kempe, the engineer on the project,
and Glen Graham, the architect. We have spent an awful lot of time talking to the
Board; you have given us a lot of consideration, so I am not going to repeat the project
or the points, but we are happy to be here to answer any questions if anything comes
up at the meeting. Thank you.
Chairperson Woodhouse: Thank you. Is there anyone who would like to address the
Board on this application?
Jim Goodwin: I live on Depot Lane, adjacent property to this. I'd like to know, I know
the family and everything, but I'd like to know the days of the usage, the hours, and who
we would call if we have a problem. That's about it. Thank you very much.
Abi.qail Wickham: We spent a lot of time during the SEQRA review on these questions:
the use is a transfer station, it will be operated for the purposes of Mattituck Sanitation
and any outside entities that want to utilize the facility on a contract basis. Mattituck
Sanitation's principals, the DiVellos, will own and operate the company under the name
Peconic Recycling and Transfer Corp. The hours of operation will be approximately
7:00 a.m. to 7:00 p.m. There may be an occasional earlier or later truck, depending on
the traffic, depending on the pickup and drop-off schedules.
Chairperson Woodhouse: and the number of days per week?
Abi.qail Wickham: The primary days of operation will be Monday through Friday. There
may be some Saturday hours. They do not anticipate operation on a Sunday.
Chairperson Woodhouse: Thank you. There was another question: if there was a
problem, to whom should that call be directed?
Abi.qail Wickham: That would be directed to Rocky DiVello. Certainly they would call
the office in the first instance. Because there will be an office on site; there will be
employees on site, and that's where the inquiry should be made in the first instance.
Southold Town Planning Board Page Three August 11, 2008
Chairperson Woodhouse: Thank you. Is there anyone else who has a question or
comment or would like to address the Board? Hearing none, I will entertain a motion to
close the hearing.
George Solomon: So moved.
Martin Sidor: Second.
Chairperson Woodhouse: All in favor?
Ayes.
Ken Edwards: I will offer the following resolution: WHEREAS, a site plan was
submitted by the Peconic Recycling & Transfer Corp. (hereinafter the "Applicant") on
April 24, 2007 for a transfer station on a pamel of property in the LIO Zone located at
the north intersection of Corporate Road and Commerce Drive, at 560 Commerce Drive,
Cutchogue, also known as SCTM#1000-95-2-5; and
WHEREAS, 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; and
WHEREAS, on June 16, 2008, the Southold Town Planning Board, acting under the
State Environmental Quality Review Act and having performed a coordinated review of
this Unlisted Action with the Planning Board, acting as lead agency, made a
determination of non-significance and issued a Negative Declaration for the subject
action; and
WHEREAS, the proposed project was determined to be consistent with the LWRP on
October 22, 2007 and the Town Solid Waste Management Plan on July 1,2008; and
WHEREAS, the Planning Board, pursuant to Southold Town Code §280-131 C.,
distributed the application to agencies having jurisdiction for their comments and the
following agencies responded: Town Engineer, Chief Building Inspector, LWRP
Coordinator, Cutchogue Fire District, Suffolk County Department of Health Services,
Suffolk County Department of Public Works and New York State Department of
Agriculture and Markets; and
WHEREAS, the comments from those agencies referenced above were received and
accepted by the Planning Board, discussed with the applicant, and incorporated into the
site plan to the satisfaction of the Planning Board; and
Southold Town Planning Board Page Four August 11, 2008
WHEREAS, all applicable requirements of Section 280-58 (D) Transfer Station and
Section 233-6 Transfer Station Special Permit have been met; and
WHEREAS, the Town Board of the Town of Southold approved the grant of a Transfer
Station Permit pursuant to Chapter 233 of the Town Code on July 1,2008; and
WHEREAS, the Town Board, in their resolution dated July 1, 2008, stated that the Town
of Southold Transfer Station permit shall not be released until the applicant produces a
valid Transfer Station Operating Permit issued by the New York State Department of
Environmental Conservation. The Town of Southold Special Permit shall not be
transferable, and shall run for the same duration as the NYS DEC; be it therefore
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
the Town Solid Waste Management Plan and determined that the action is consistent;
George Solomon: Second.
Chairperson Woodhouse: All in favor?
Ayes.
Chairperson Woodhouse: That motion carries.
Ken Edwards: and be it further RESOLVED, that the Southold Town Planning Board
grant approval to the site plan entitled "Peconic Recycling and Transfer" prepared by
Michael K. Dunn dated July 8, 2007, and authorize the Chairperson to endorse the site
plan.
George Solomon: Second.
Chairperson Woodhouse: All in favor?
Ayes.
Rocky DiVello: I don't have a question, I just want to say thank you all for your time, I
really appreciate everything over the years going into this. Thank you very much. We
plan to be very good neighbors to Mr. Goodwin. If he has any problems, he knows me
personally, and he can get in touch with me at any time.
Chairperson Woodhouse: We are going to publish your number widely. Thank you.
Southold Town Planning Board Page Five August 11, 2008
CONSERVATION SUBDIVISIONS, STANDARD SUBDIVISIONS, RE-
SUBDIVISIONS (Lot Line Changes)
Conditional Final Determinations:
Amara, Tom & Cheryle - This proposed lot line change will transfer 2,641 sq. ft. from
an adjacent 23-acre parcel (SCTM#1000-63-1-25) owned by the Peconic Land Trust
(former Charnews Property) to a 9,325 sq. ft. parcel (SCTM#1000-55-5-3) owned by
Tom & Cheryle Amara in the R-80 Zone. This parcel is located on the w/s/o Youngs
Avenue, at 3225 Youngs Avenue in Southold.
George Solomon: WHEREAS, this proposed lot line change will transfer 2,641 sq. ft.
from an adjacent 23-acre parcel (SCTM#1000-63-1-25) owned by the Peconic Land
Trust (former Charnews Property) to a 9,325 sq. ft. parcel (SCTM#1000-55-5-3) owned
by Tom & Cheryle Amara in the R-80 Zone; and
WHEREAS, an application for a re-subdivision was submitted on July 17, 2008,
including a survey prepared by John T. Metzger, L.S., dated June 19, 2008; and
WHEREAS, the Southold Town Planning Board reviewed this application at their Work
Session on Monday August 4, 2008 and determined that the project will not have a
significant environmental impact or make future planning of the affected parcels more
difficult or impossible; and
WHEREAS, pursuant to section 240-56 and 240-57 (B), the Planning Board has the
ability to waive the public hearing for this proposed lot line change for the following
reasons:
1. This proposed lot line change is transferring a small strip of land, 2,641
square feet from a large 23 acre parcel, to a small adjacent 9,325 square foot
parcel, and
2. The small parcel is already developed with a single family residence and this
addition of land will not result in any intensification of use of the land, and
This minor lot line change has no significant environmental effects, and will
not make future planning of the affected parcels more difficult or impossible;
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,
perform 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;
Southold Town Planning Board Page Six August 11, 2008
Ken Edwards: Second.
Chairperson Woodhouse: All in favor?
Ayes.
Chairperson Woodhouse: That motion carries.
George Solomon: and be it further RESOLVED, that the Southold Town Planning
Board hereby waive the public hearing for this project pursuant to Southold Town Code
Section 240-56;
Martin Sidor: Second.
Chairperson Woodhouse: All in favor?
Ayes.
George Solomon: and be it further RESOLVED, that the Southold Town Planning
Board hereby grant Conditional Final Approval upon the survey map dated June 19,
2008 prepared by John T. Metzger, US., subject to the following condition:
§240-57 (D): Each parcel created by re-subdivision shall be shown on a survey
prepared by a licensed surveyor and filed in the Office of the Planning Board. Any
land being transferred by such re-subdivision shall be deeded to the owner of the
property in identical name so the new area merges with the existing parcel and
shares therewith a common identification number on a Suffolk County Tax Map.
The deed and legal description for any re-subdivided parcel shall be recorded in
the Office of the Suffolk County Clerk.
Ken Edwards: Second the motion.
Chairperson Woodhouse: All in favor?
Ayes.
Chairperson Woodhouse: That motion carries.
Southold Town Planning Board Page Seven August 11, 2008
Conditional Sketch Extensions:
Ghassemi, Sy & Catherine - This proposal is for a Conservation Subdivision in the R-
80 Zoning District to subdivide 31.0137 acres into four lots where Lot 1 equals 25.7355
acres, upon which the Development Rights are proposed to be sold to Suffolk County;
Lot 2 equals 2.379 acres; Lot 3 equals 2.6488 acres; and Lot 4 equals 1 acre. The
property is located on the n/s/o NYS Route 25, approximately 831' w/o Rocky Point
Road in East Marion. SCTM#1000-31-1-1.2
Chairperson Woodhouse: WHEREAS, this proposal is for a Conservation Subdivision
to subdivide 31.0137 acres into four lots where Lot I equals 25.7355 acres, upon which
the Development Rights are proposed to be sold to Suffolk County, Lot 2 equals 2.379
acres, Lot 3 equals 2.6488 acres and Lot 4 equals I acre, in the R-80 Zoning District;
and
WHEREAS, an application for sketch approval was submitted on June 30, 2006,
including the sketch plan prepared by John T. Metzger, L.S., dated April 21,2005; and
WHEREAS, on November 3, 2006, the applicant submitted a revised sketch plan
prepared by John T. Metzger, L.S., dated April 21, 2005 and last revised on August 28,
2006; and
WHEREAS, on February 12, 2007, the Southold Town Planning Board granted
Conditional Sketch Approval upon the map prepared by John T. Metzger, L.S. dated
April 21, 2005 and last revised on August 28, 2006; and
WHEREAS, on August 4, 2008, the agent Patricia C. Moore, Esq., submitted a letter
requesting an extension of time for Conditional Sketch Approval due to a delay in
obtaining Suffolk County Health Services approval; be it therefore
RESOLVED, that the Southold Town Planning Board grants a retroactive extension of
Conditional Sketch Approval on the map, dated April 21, 2005 and last revised on
August 28, 2006, from August 13, 2007 to February 11, 2009.
Ken Edwards: Second the motion.
Chairperson Woodhouse: All in favor?
Ayes.
Chairperson Woodhouse: That motion carries.
Southold Town Planning Board Page Eight August 11, 2008
SITE PLANS
Final Determinations:
Peconic Land Trust (Galluccio) - This site plan is to legalize an existing 2,400 sq. ft.
(40 x 60) agricultural barn on a 42-acre parcel in the A-C Zoning District located on the
n/s/o NYS Route 25 in Cutchogue. SCTM#1000-109-1-13.2
Martin Sidor: WHEREAS, the applicant's representative, Stephen Searl, submitted a
formal site plan application on July 14, 2008 to legalize an as-built agricultural storage
barn of approximately 2,200 sq. ft. on a 42 acre parcel in the A-C Zone located
approximately 936' w/o Alvahs Lane, on the n/s/o NYS Route 25 in Cutchogue. SCTM#
1000-109-1-13.2; and
WHEREAS, on July 21, 2008, the Planning Board accepted this application; and
WHEREAS, on July 22, 2008, the Planning Board, pursuant to Southold Town Code
§280-131 C., distributed the application to agencies having jurisdiction for their
comments, and the following agencies responded: Town Engineer, Architectural Review
Committee, Natural Resource Conservation Service, LWRP Coordinator; and
WHEREAS, the comments from those agencies referenced above were received and
accepted by the Planning Board, discussed with the applicant, and incorporated into the
site plan to the satisfaction of the Planning Board; and
WHEREAS, on July 29, 2008, the Southold Town Building Inspector reviewed the plan
and certified that the proposed agricultural storage building is a permitted use in this A-
C District; and
WHEREAS, there is an easement restricting the use of the property to agriculture, held
by the Town of Southold, and the Southold Land Preservation Committee recommended
approval of the as-built agriculture barn; and
WHEREAS, the Southold Town Planning Board, pursuant to Southold Town Code
§280-131 H., has the discretion to waive the public hearing requirement for those
applications involving uses strictly related to agriculture. The Planning Board has found
that the public hearing for this application may be waived for the following reasons: the
application is for an agricultural use, the parcel is large in size relative to the proposed
structures which will cover 1% of the property, and the structures will be situated in such
a way as to be unobtrusive to the public view - located 24 feet from the nearest
property line, and about 450 feet from State Road 25; and
Southold Town Planning Board Page Nine August 11, 2008
WHEREAS, the Southold Town Planning Board, pursuant to §280-133 C. of Southold
Town Code, has the discretion to waive any or all of the requirements in §280-133 for
those applications involving uses strictly related to agriculture. The Planning Board has
found that requiring the entire set of site plan application requirements for this site is not
necessary to further the objectives set forth in Town Code §280-129 and maintain public
health, safety, and welfare for the following reasons: the application is for an agricultural
use, and the parcel is large in size relative to the proposed structures; be it therefore
RESOLVED, that the Southold Town Planning Board hereby waive the public hearing
and site plan application requirements, except for the following:
§280-133A. (1)and(2), B. (l)(a), (b), (c), (d), (i), (3)(a),(b).
George Solomon: Second the motion.
Chairperson Woodhouse: All in favor?
Ayes.
Martin Sidor: and be it further RESOLVED, that the Southold Town Planning Board,
pursuant to State Environmental Quality Review (SEQR) (6 NYCRR, Part 617.5 (c) (3),
has determined that the proposed action is a Type II Action, and not subject to review
under SEQR;
George Solomon: Second the motion.
Chairperson Woodhouse: All in favor?
Ayes.
Martin Sidor: 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 determined that the action is consistent as
outlined in the August 11, 2008 memo prepared by the LWRP Coordinator;
Ken Edwards: Second.
Chairperson Woodhouse: All in favor?
Ayes.
Martin Sidor: and be it further RESOLVED, that the Southold Town Planning Board
grant approval and authorize the Chairperson to endorse the site plan entitled "Peconic
Land Trust" prepared by John C. Ehlers, Land Surveyor, dated December 12, 2007.
Southold Town Planning Board Page Ten August 11, 2008
George Solomon: Second the motion.
Chairperson Woodhouse: All in favor?
Ayes.
Chairperson Woodhouse: That motion carries. Thank you.
Celic Center - This amended site plan is for an existing one-story building that includes
a personal service store and business office and to legalize a portion of the lower level
of an existing building that was converted to conference rooms and office space on a
31,450 sq. ft. parcel in the B Zone located at the slelclo of Main Road and Marlene
Lane in Mattituck. SCTM#1000-143-3-1
Ken Edwards: WHEREAS, the applicant's representative Abigail Wickham, Esq.,
submitted an amended site plan application on May 1, 2008 having an existing one
story building that includes a personal service store and business office and to legalize
a portion of the lower level of the existing building that was converted to conference
rooms and office space on a 31,450 square foot parcel in the B Zone located at the
slelc/o of Main Road and Marlene Lane in Mattituck, SCTM#1000-143-3-1; and
WHEREAS, on June 30, 2008, the Planning Board accepted this application; and
WHEREAS, on July 7, 2008, the Planning Board, pursuant to Southold Town Code
§280-131 C., distributed the application to agencies having jurisdiction for their
comments, and the following agencies responded: Town Engineer, Architectural Review
Committee, LWRP Coordinator; and
WHEREAS, the comments from those agencies referenced above were received and
accepted by the Planning Board, discussed with the applicant, and incorporated into the
site plan to the satisfaction of the Planning Board; and
WHEREAS, on July 30, 2008, the Southold Town Building Inspector reviewed the plan
and certified that the proposed uses as a personal service store and business office are
permitted uses in this Business District; and
WHEREAS, the Southold Town Planning Board, pursuant to Southold Town Code
§280-131 B (5), has the discretion to waive some of or all of the parking requirements
for those applications where the change proposed will not have an effect on the public
health, safety, or general welfare, the Planning Board has found that the parking for this
application may be relaxed for the following reason: The additional improved office
Southold Town Planning Board Page Eleven August 11, 2008
space on the lower level being contemplated in this site plan amendment has existed
since 1986, and no adverse conditions related to the quantity of parking have been
noted; and
WHEREAS, the Southold Town Planning Board, pursuant to Southold Town Code
{}280-131H has the discretion to waive the public hearing requirement for applications
involving modification to existing structures with no substantial change to the existing
footprint, that the modification will not require significant changes to the existing site
design features. The Planning Board has found that the public hearing for this
application may be waived for the following reasons: That this is an existing site that
had previously been before the Board for a related site plan application approved on
February 10, 1986. The uses on site have not changed; it has been determined that the
overall proposal would not have an adverse effect to surrounding properties; and
WHEREAS, the Southold Town Planning Board, pursuant to {}280-133 C. of the
Southold Town Code, has the discretion to waive any or all of the requirements in {}280-
133 for those applications involving modifications to existing structures with no
substantial change to the existing footprint. The Planning Board has found that requiring
the entire set of site plan application requirements for this site is not necessary to further
the objectives set forth in Town Code {}280-129 and maintain public health, safety, and
welfare for the following reasons: the application is for an amended site plan previously
approved by the Board, and the parcel has been used in the same configuration as
previously reviewed and approved; be it therefore
RESOLVED, that the Southold Town Planning Board, pursuant to State Environmental
Quality Review (SEQR) (6 NYCRR, Part 617.5 (c) (3), has determined that the
proposed action is a Type II Action, and not subject to review under SEQR;
Martin Sidor: Second.
Chairperson Woodhouse: All in favor?
Ayes.
Chairperson Woodhouse: The motion carries.
Ken Edwards: and be it further RESOLVED, that the Southold Town Planning Board
hereby waive the requirement for additional parking, the public hearing, and site plan
application requirements, except for the following items:
§280-133A. (1) (2), (3) B. (1) (a), (b), (c), (d), (g), (3) (a),(b), (c-partial),
(4) (a), (b), (e-partial), (f), (g-partial), (h), and (i);
Southold Town Planning Board Page Twelve August 11, 2008
George Solomon: Second the motion.
Chairperson Woodhouse: All in favor?
Ayes.
Ken Edwards: 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 determined that the action is consistent as
outlined in the August 11, 2008 memo prepared by the LWRP Coordinator;
George Solomon: Second the motion.
Chairperson Woodhouse: All in favor?
Ayes.
Ken Edwards: and be it further RESOLVED, that the Southold Town Planning Board
grant approval, and authorize the Chairperson to endorse the site plan entitled "Celic
Center" prepared by Roderick Van Tuyl, P.C., Land Surveyor, dated December 9, 1987.
George Solomon: Second the motion.
Chairperson Woodhouse: All in favor?
Ayes.
Chairperson Woodhouse: and the motion carries. Thank you. I will entertain a motion
to adjourn.
Ken Edwards: So moved.
George Solomon: Second.
Chairperson Woodhouse: All in favor?
Ayes.
Southold Town Planning Board Page Thirteen August 11,2008
There being no further business to come before the meeting, it was adjourned
at 6:12 p.m.
Linda Randolph, Transcribing Sel;retary
~gerilyn B,~Voodhouse, Chairperson
RECEIVED
~T~wn Clerk