HomeMy WebLinkAboutPB-07/14/2008PLANNING BOARD MEMBERS
JERILYN B. WOODHOUSE
Chair
KENNETH L. EDWARDS
MARTIN H. SIDOR
GEORGE D. SOLOMON
JOSEPH L. TOWNSEND
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
MAILING ADDRESS:
P.O. Box 1179
Southold, NY 11971
OFFICE LOCATION:
Town Hall Annex
54375 State Route 25
(cor. Main Rd. & Youngs Ave.)
Southold, NY
Telephone: 631 765-1938
Fax: 631 765-3136
Present were:
PUBLIC MEETING MINUTES
Monday, July 14, 2008
6:00 p.m.
Jerilyn B. Woodhouse, Chair
Kenneth L. Edwards, Member
Martin H. Sidor, Member
George D. Solomon, Member
Joseph Townsend, Member
Mark Terry, Principal Planner
Kristy Winser, Senior Planner
Tamara Sadoo, Planner
Carol Kalin, Secretary
$0uthold Town £!erk
SETTING OF PLANNING BOARD SPECIAL MEETING
Chairperson Woodhouse: Good evening, and welcome to the July 14th meeting of the
Southold Town Planning Board. For our first order of business, I will entertain a motion to set
Monday, July 28th at 4:30 p.m. here at the Southold Town Hall, Main Road, Southold, as the
time and place for a Special Planning Board Meeting. Do I have a second?
Ken Edwards: Second.
Chairperson Woodhouse: All in favor?
Ayes.
Chairperson Woodhouse: That motion carries.
Southold Town Planning Board Page Two July 14, 2008
SETTING OF THE NEXT REGULAR PLANNING BOARD MEETING
Chairperson Woodhouse: And then I will entertain a motion to set Monday, August 11, 2008
at 6:00 p.m. as the time and place for the next regular Planning Board Meeting.
Geor.qe Solomon: Second.
Chairperson Woodhouse: All in favor?
Ayes.
Chairperson Woodhouse: That motion is carried.
PUBLIC HEARINGS
6:00 p.m. - Mattituck Park District - This site plan is for five (5) new poles to light the existing
recreational field, C-1 pole = 70' in height with twelve (12) fixtures (approx. +/- 100' from south
prop. line), C-2 pole = 70' in height with six (6) fixtures (approx. +/- 200' from west prop. line),
C-3 pole = 70' in height with ten (10) fixtures (approx. +/- 180' from west prop line), B-1 pole =
80' in height with seven (7) fixtures (approx. +/- 18' from east prop. line), B-1 pole = 80' in
height with seven (7) fixtures (approx. +/- 15' from north prop. line.) on a six-acre parcel in the
AC Zone located approximately 712' n/w/o Franklinville Road, on the n/s/o Aldrich Lane,
known as 350 Aldrich Lane in Laurel. SCTM#1000-125-1-2.6
Chairperson Woodhouse: We will take comments on this application at this time. I just want to
inform you that we will be holding this hearing open due to a glitch in the newspaper coverage
of it. Ms. Wickham?
Abigail Wickham: Good evening. I'm representing the Mattituck Park District; I have here with
me this evening Commissioners Thomas McCaffery and Nicholas Deegan, as well as two
gentlemen from the lighting consultant firm of Ward Associates: Mr. Longo and Mr. Ambrosia.
If the Board or anyone in the audience has any questions, we'd be glad to try and amplify
them. Basically, this proposal is to replace antiquated lighting that was removed a few years
ago for safety reasons with new modern high-tech systems that will enable illumination of the
baseball field and a portion of the southerly field for purposes of soccer and baseball, primarily
practices, with the ability to fine-tune the control and the energy usage and utilize the field by
somewhere in the neighborhood of 700 or 800 children who participate in the various
programs, as well as some of the women's leagues for baseball. So, we think it's a great
community project. The Town of Southold has authorized $100,000 contribution towards the
Southold Town Planning Board Page Three July 14, 2008
cost of this through their recreation fund. We would welcome any questions from the Board.
Thank you.
Chairperson Woodhouse: Thank you, Ms. Wickham. Are there any questions from the Board?
Ken Edwards: The only comment I have: I think your presentation to the work session was
very well done and all of my questions were answered.
Abi.qail Wickham: You can thank Ward Associates for that.
Chairperson Woodhouse: Thank you. Is there anyone else who would like to comment on this
application? Hearing none, I will entertain a motion to hold it open.
Ken Edwards: May I offer the following resolution: Be it RESOLVED, that the Southold Town
Planning Board hereby holds open the public hearing for the Mattituck Park District.
George Solomon: Second.
Chairperson Woodhouse: All in favor?
Ayes.
Chairperson Woodhouse: That motion is carried. Again, the next scheduled Planning Board
meeting will be July 28th.
Gail Wickham: Thank you.
Chairperson Woodhouse: Thank you.
Hearings Held Over From Previous Meetings:
Jacoby Family Limited Partnership - This proposal is for a conservation subdivision of a
10.454-acre pamel into three lots where Lot 1 equals 46,790 sq. ft. and the clustered
subdivision open space of Lot 1 is equal to 34,777 square feet and is located within
Conservation Easement Area (3); Lot 2 equals 64,687 sq. ft. and the clustered subdivision
open space of Lot 2 is equal to 35,306 of which 18,638 sq. ft. are located within Conservation
Easement Area (2); and Lot 3 is equal to 343,890 sq. ft. of which 291,209 sq. ft. are subject to
a Suffolk County Conservation Easement and the remaining area consists of subdivision open
space. The property is located at the terminus of Kirkup Lane, s/o Sound Avenue in Mattituck.
SCTM#1000-125-1-5.1
Southold Town Planning Board Page Four July 14, 2008
Chairperson Woodhouse: Is there anyone who would like to address the Board?
Bill Gorman: Hi, I'm here on behalf of the Jacoby Family. I can answer any questions you
might have.
Chairperson Woodhouse: Thank you. Are there any questions from the Board? Does anyone
else have any comments or questions on this application? Hearing none, I will entertain a
motion to close this hearing.
Ken Edwards: So moved.
Martin Sidor: Second.
Chairperson Woodhouse: All in favor?
Ayes.
Chairperson Woodhouse: The hearing is closed. Would you read the resolution, please?
Joe Townsend: WHEREAS, this proposal is for a conservation subdivision of a 10.454-acre
parcel into three lots where; Lot 1 equals 46,790 sq. ft. and the clustered subdivision open
space of Lot 1 is equal to 34,777 square feet and is located within Conservation Easement
Area (3); Lot 2 equals 84,687 sq. ft., and the clustered subdivision open space of Lot 2 is equal
to 35,306 of which 18,638 square feet is located within Conservation Easement Area (2) and
Lot 3 is equal to 343,890 sq. ft. of which 291,209 square feet is subject to a Suffolk County
Conservation Easement and the remaining area consists of subdivision open space; and
WHEREAS, an application for sketch approval was submitted on July 20, 2007, including the
sketch plan prepared by Nathan Taft Corwin III, L.S., dated May 2, 2007; and
WHEREAS, the proposal meets the conservation subdivision criteria and is classified as a
Conservation Subdivision pursuant to Chapter 240 of the Town Code; 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 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 and, as lead agency, granted a Negative
Declaration for the proposed action; and
Southold Town Planning Board Page Five July 14, 2008
WHEREAS, pursuant to Section 268-5 of the Southold Town Code, the Southold Town
Planning Board has reviewed the proposed action to the Town of Southold Local Waterfront
Revitalization Program and determined that the action is consistent with the Town of Southold
Local Waterfront Revitalization Program; and
WHEREAS, on August 28, 2007 the County of Suffolk Department of Planning submitted a
"Comment" pertaining to the "landlocked design of Lot 2"; and
WHEREAS, on June 27, 2008, the Suffolk County Department of Health Services, issued
approval for the action; be it therefore
RESOLVED, that pursuant to Section 268-5 of the Southold Town Code, the Southold Town
Planning Board has reviewed the proposed action to the Town of Southold Local Waterfront
Revitalization Program and determined that the action is consistent with the Town of Southold
Local Waterfront Revitalization Program;
Ken Edwards: Second the motion.
Chairperson Woodhouse: All in favor?
Ayes.
Chairperson Woodhouse: That motion carries.
Joe Townsend: and be it further RESOLVED, that the Planning Board hereby overrules the
comment made by the County of Suffolk Department of Planning due to the fact that both
parcels are improved, serviced by an existing driveway, and a "Right-of-Way" agreement will
be required;
Ken Edwards: Second the motion.
Chairperson Woodhouse: We will take a voice vote on this one because we require a majority
plus one to override the comment made by the County of Suffolk.
Joe Townsend: Just to elaborate a little bit on that, the County tends not to want to create
what they call a landlocked parcel: parcels that are served by flagged extensions. In this
instance, since the land was already developed into essentially two lots, even though under
one ownership and not subdivided, and there was an access route that was well-established,
and there is a well-drawn right-of-way agreement that will govern any use of that road in the
future, we have decided to overrule, which requires a majority plus one. So that's why we are
going to take this roll call vote.
Southold Town Planning Board Page Six July 14, 2008
Chairperson Woodhouse: Mr. Edwards?
Ken Edwards: Yes.
Chairperson Woodhouse: Mr. Townsend?
Joe Townsend: Yes.
Chairperson Woodhouse: Mr. Solomon?
George Solomon: Yes.
Chairperson Woodhouse: Mr. Sidor?
Martin Sidor: Yes.
Chairperson Woodhouse: And I vote yes, also. Thank you. Please continue.
Joe Townsend: and be it further RESOLVED, that the Southold Town Planning Board hereby
grant Conditional Final Approval upon the map prepared by Nathan Taft Corwin III, L.S.,
dated May 2, 2007, subject to the following conditions:
1. The recording of the Liber and Page Number of the Suffolk County Conservation
Easement on the final plat.
2. The submission of an executed Open Space Conservation Easement to the Town
of Southold for Conservation Easement Area No. 2. The document shall be filed
with the Office of the Suffolk County Clerk, upon filing, the Liber and Page
Number assigned to the document shall be recorded on each final plat. The
following clauses shall be referenced in the document:
a. "The clustered subdivision open space of Lot I is equal to 34, 777 square
feet and is located within Conservation Easement Area 3".
b. "The clustered subdivision open space of Lot 2 is equal to 35,306 of which
18,638 square feet is located within Conservation Easement Area 2. The
remaining 16,668 square feet is located within Conservation Easement
Area 3.'
c. "The total clustered subdivision open space is equal to 70, 083 square
feet"
d. "Laurel Lake is a Town of Southold Special Groundwater Protection Area
as such; to protect the surface and sub-surface water quality of the area,
the use of synthetic hed3icides, pesticides and fertilizers is prohibited."
Southold Town Planning Board
Page Seven
July 14, 2008
3. The execution of the "Right-of-Way" Agreement and filing of the document with
the Office of the Suffolk County Clerk, upon filing, the Liber and Page Number
assigned to the document shall be recorded on each final plat.
4. The execution of the "Covenant and Restrictions submitted to this office on
November 26, 2007 inclusive of the below amendments and filing of the document
with the Office of the Suffolk County Clerk, upon filing, the Liber and Page number
assigned to the document shall be recorded on each final plat.
a. Clause 5: Strike language of clause and replace with the following
language:
i. "The clustered subdivision open space of Lot 1 is equal to 34, 777
sq. ft. and is located within Conservation Easement Area 3.'
"The clustered subdivision open space of Lot 2 is equal to 35,306
sq. ft., of which 18,638 sq. ft. is located within Conservation
Easement Area 2. The remaining 16,668 sq. ft. are located within
Conservation Easement Area 3."
iii. "The total area of subdivision clustered open space is equal to
70,083 sq. ft.'
b. Clause 10: Update the language to reflect Lot 2 and 3 Conservation
Easements.
Add a clause stating: Pursuant to § 240-49. "Clearing of the Southold
Town Code, clearing of existing vegetation upon Lot 1 shall be limited to
50 percent of the total lot area. Clearing of existing vegetation upon Lot 2
(excluding Conservation Easement Area 2) shall be limited to 35 percent
of the total lot area. For the purposes of meeting this requirement the 100
foot Non-disturbance, vegetated buffer shall be attributable to comply with
this requirement."
Add a clause stating: "The parcel is located within the Town of Southold
Special Groundwater Protection Area as such the following is required to
further and meet the policies of the Local Waterfront Revitalization
Program:
i. The use of synthetic herbicides, pesticides and fertilizers is
prohibited.
Southold Town Planning Board Page Eight July 14, 2008
The Declarant covenants that a 100 foot wide Non Disturbance,
vegetated buffer area shall be established from the wetland line
landward for a distance of 100 feet on Lots 1 and 2. It is hereby
understood that the 100 foot Non Disturbance, vegetated buffer is
intended to preserve the existing trees and natural growth to protect
the water quality of Laurel Lake, provide critical habitat and erosion
control. Vegetation within this area shall remain in its natural state
in perpetuity. Permitted activities within the buffer are limited to the
removal of dead, diseased trees that are hazardous to life or
property and mowing of the existing grass path as depicted on the
final plat. Notwithstanding the above, the Non Disturbance,
vegetated buffer area may be supplemented with additional native
vegetation subject to review and approval of the Southold Town
Planning Board and Southold Town Trustees."
5. Add a clause referencing the Trail Easement.
6. ^ determination of fire protection and access by the Board of Mattituck Fire
Commissioners.
7. Submission of a permit or Letter of Non-Jurisdiction from the New York State
Department of Environmental Conservation.
8. Submission of the Park and Playground Fee in the amount of $3,500 ($3,500 for
each new residential lot being created) or a letter requesting the waiver of such
with substantive reasoning.
Ken Edwards: Second the motion.
Chairperson Woodhouse: All in favor?
Ayes.
Chairperson Woodhouse: That motion carries. Thank you.
Southold Town Planning Board Page Nine July 14, 2008
CONSERVATION SUBDIVISIONS, STANDARD SUBDIVISIONS, RE-
SUBDIVISIONS (Lot Line Changes)
Conditional Final Extensions:
Walker/Dzenkowski - This proposal is for a lot line change that will transfer 30,375 square
feet from SCTM#1000-21-3-26 (Lot 1 ) to SCTM#1000-21-3-27 (Lot 2) where, following the
transfer, Lot 1 will equal 98,727 square feet and Lot 2 will equal 80,891 square feet in the R-40
Zoning District. The properties are located on the n/s/o Southern Boulevard, approximately
1,310 feet s/o Aquaview Avenue in East Marion.
Chairperson Woodhouse: WHEREAS, the legal description of the action referenced in the
October 15, 2007 conditional final approval is incorrect; and
WHEREAS, as a result, the condition outlined in such approval could not be met; and
WHEREAS, the action will transfer 30,375 square feet from SCTM#1000-21-3-26 (Lot 1) to
SCTM#1000-21-3-27 (Lot 2) where, following the transfer, Lot 1 will equal 98,727 square feet
and Lot 2 will equal 80,891 square feet in the R-40 Zoning District; and
WHEREAS, the Southold Town Planning Board reviewed this application at their Work
Session on June 23, 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; be it therefore
RESOLVED, that the Southold Town Planning Board re-issue Conditional Final Approval on
the map prepared by Destin G. Graf, Land Surveyor, dated April 5, 2005, 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 a copy to this office.
Ken Edwards: Second the motion.
Chairperson Woodhouse: All in favor?
Ayes.
Chairperson Woodhouse: That motion carries. Thank you.
Southold Town Planning Board Page Ten July 14, 2008
Conditional Sketch Determinations:
Nickart Realty - This proposal is to subdivide a 34,896 sq. ft. parcel into two lots where Lot 1
equals 17,438 sq. ft. and Lot 2 equals 17,438 sq. ft. in the R-40 Zoning District. The property is
located on the s/s/o CR 48, approximately 900' w/o Bayberry Lane in Southold. SCTM#1000-
52-2-13
Geor.qe Solomon: WHEREAS, this proposal is for a standard subdivision to subdivide a .8011
acre parcel into two lots where Lot 1 equals 17,438 sq. ft. and Lot 2 equals 17,438 sq. ft. in the
R-40 Zoning District; and
WHEREAS, an application for sketch approval was submitted on May 11, 2006; and
WHEREAS, on July 10, 1997, the Zoning Board of Appeals granted an area variance (No.
4480) for the proposed action with the following condition:
"There shall be no direct access, curb cuts or driveways from or to County Road
48 from the parcels"; and
WHEREAS, on November 13, 2006, 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 and, as lead agency,
granted a Negative Declaration for the proposed action; be it therefore
RESOLVED, that the Southold Town Planning Board hereby grant Conditional Sketch
Approval upon the map entitled "Subdivision For Nickart Realty", dated February 10,
1998 and last revised April 1, 2008, prepared by Peconic Surveyors P.C., subject to the
following conditions:
1. Submission of the application and fee for preliminary plat approval. The
preliminary map should contain the following revisions:
a. Show the amount of clearing for each of the lots pursuant to Section
240-46(C) of the Town Code.
Depict a natural or planted vegetated buffer on Lots I and 2 adjacent to
County Route 48. The natural buffer shall run for a distance of 387.76'
east/west 15 feet in depth. Include the natural buffer within the clearing
limits. The natural buffer shall be shown on the Preliminary Plat or Plot
Plans attached to the Preliminary Plat and labeled "Natural Buffer".
Southold Town Planning Board Page Eleven July 14, 2008
Show building envelope with setbacks from property lines. Designate
front, side, or rear yard and have dimensions reflect the setback
designated by the applicant.
Submission of a completed Town of Southold Local Waterfront Revitalization
Program Coastal Consistency Review Form.
Submission of a permit or Letter of Non-Jurisdiction from the New York State
Department of Environmental Conservation and the Southold Town Trustees
for the proposed project.
Submission of a letter from the New York State Office of Parks and
Recreation and Historical Preservation (OPRHP) advising as to any
archeological and historical significance.
Submission of Draft Covenants and Restrictions containing the following
clauses:
a. There shall be no direct access, curb cuts or driveways from or to
County Road 48 from the parcels,
b. There shall be no changes to any of the lot lines without Planning Board
approval.
c. Pursuant to Chapter 236 Stormwater, Grading and Drainage Control
Law of the Southold Town Code, all stormwater shall be retained on-site.
d. There shall be no further subdivision of any of the lots on the approved
subdivision map, in perpetuity.
The submittal of the Park and Playground Fee in the amount of $7,000
($7,000 for each new lot created).
Six Draft Preliminary Drainage Plans showing all typical plans, sections,
profiles, details and design calculations as needed or required to indicate the
proposed construction and/or development.
(1)
Drainage Plans shall show all metes and bounds descriptions
indicating street and drainage areas as well as the size and type of
road systems pursuant to Chapter 181, Highway Specifications, of
the Code.
Southold Town Planning Board Page Twelve July 14, 2008
(2)
Where indicated or required, Road and Drainage Plans shall
include but not be limited to the following:
(a) Fire wells or fire hydrants.
(b)
(c)
Topographical contours at an interval that will accurately
depict the slope and contour of the site.
(d)
Drainage calculations and design indicating all drainage
structures and locations.
All existing and proposed easements indicating width, area
and purpose.
Ken Edwards: Second the motion.
Chairperson Woodhouse: All in favor?
Ayes.
Chairperson Woodhouse: That motion carries.
SITE PLANS
Final Determinations:
Gallucio Estate Vineyards - This site plan is to legalize an as-built winery agricultural storage
barn of approximately 792 sq. ft. on a 6.2-acre parcel in the A-C Zone located approximately
936' w/o AIvahs Lane, on the n/s/o of NYS Route 25 in Cutchogue. SCTM#1000-109-1-13.1
Martin Sidor: WHEREAS, the applicant, Galluccio Estate Vineyards, LLC, submitted a formal
site plan application on January 4, 2008 to legalize an as-built winery agricultural storage barn
of approximately 792 sq. ft. on a 6.2-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#1000-109-1-13.1 and
WHEREAS, on January 29, 2008, the Planning Board accepted this application; and
WHEREAS, on May 13, 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, Suffolk
Southold Town Planning Board Page Thirteen July 14, 2008
County Planning Commission, Department of Transportation, Natural Resource Conservation
Service, LWRP Coordinator and the Cutchogue Fire District; 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 May 19, 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, 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 about 450 feet from State Road 25; 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 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, 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;
Joe Townsend: Second.
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 May 19,
2008 memo prepared by the LWRP Coordinator;
Southold Town Planning Board Page Fourteen July 14, 2008
George Solomon: 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, listed below, and authorize the Chairperson to endorse the amended site plan
entitled "Galluccio Vineyards" prepared by John C. Ehlers, Land Surveyor, dated December
12, 2008.
George Solomon: Second.
Chairperson Woodhouse: All in favor?
Ayes.
Chairperson Woodhouse: That motion carries.
OTHER
Ken Edwards: I will offer the following resolution: Be it RESOLVED, that the Southold Town
Planning Board accept the renewal of the Bridgehampton National Bank Irrevocable Letter of
Credit #170000360 in the amount of $26,075.00 which expires on June 19, 2009 and
recommend same to the Town Board.
Joe Townsend: Second.
Chairperson Woodhouse: All in favor?
Ayes.
Chairperson Woodhouse: Is there anyone else who needs to address the Board at this time?
Hearing none, I will entertain a motion to adjourn.
George Solomon: So moved.
Mill Creek Preserve Approved Conservation Subdivision - Renewal of Letter of Credit.
SCTM#1000-56-1-11.1
Southold Town Planning Board Page Fifteen July 14, 2008
Joe Townsend: Second.
Chairperson Woodhouse: All in favor?
Ayes.
Chairperson Woodhouse: Unanimous. Meeting adjourned.
There being no further business to come before the meeting, it was adjourned
at 6:11 p.m.
Linda Randolph, Transcribing Secretary
~)~'rilyn B. V~/oodhouse, Chairperson