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HomeMy WebLinkAboutPB-06/09/2008PLANNING BOARD MEMBERS JERILYN B. WOODHOUSE Chair KENNETH L. EDWARDS MARTIN H. SID©R GEORGE D. SOLOMON JOSEPH L. TOWNSEND PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cot. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 Present were: PUBLIC MEETING MINUTES Monday, June 9, 2008 6:00 p.m. Jerilyn B. Woodhouse, Chair Kenneth L. Edwards, Member Martin H. Sidor, Member George D. Solomon, Member Joseph Townsend, Member Bruno Semon, Senior Site Plan Reviewer Carol Kalin, Secretary ~D SouthoJd Town Clerk SETTING OF PLANNING BOARD SPECIAL MEETING Chairperson Woodhouse: Welcome to the June 9th meeting of the Southold Town Planning Board. For our first order of business, I will entertain a motion to set Monday, June 16, 2008 at 4:30 p.m. at the Southold Town Hall, as the time and place for a Special Planning Board Meeting. Joe Townsend: Second. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: That motion carries. Southold Town Planning Board Page Two June 9, 2008 SETTING OF THE NEXT REGULAR PLANNING BOARD MEETING Chairperson Woodhouse: Next, t will entertain a motion to set Monday, July 14 at 6:00 p.m. at the Southold Town Hall as the time and place for the next regular Planning Board Meeting. Ken Edwards: So moved. Joe Townsend: Second. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: That motion carries. PUBLIC HEARINGS 6:00 p.m. - Scoff, John - This proposal is to subdivide a 6.5539-acre parcel into three lots where Lot 1 equals 80,000 sq. ft., Lot 2 equals 80,010 sq. ft. and Lot 3 equals 82,932 sq. ft. in the R-80 Zoning District. The property is located on the e/s/o Wells Road and the s/s/o Main Road, e/o Peconic Lane in Peconic. SCTM#1000-75-6-3 Chairperson Woodhouse: Is there anyone here who would like to address the Board on this application? Ms. Moore? Patricia Moore: Yes. Good afternoon. I am the attorney for the applicant. I'm here to really answer any questions, so I'll sit down and wait. The applicant is here also. Chairperson Woodhouse: Is there anyone else who would like to address the Board on this application? Yes, ma'am. Please come up, state your name and where you are from. If you would sign your name on the form, we'd appreciate it. Geor,qine Zaneski: I live on Wells Road in Peconic. Number one, I want to know what the environmental impact on the wetlands is going to be; and also Richmond Creek, which is closed half the time anyway to shell fishing, and also the Peconic Bay. I know in 1989 this area was designated a flood zone and I am concerned that if they build on the three lots that they'll fill the ground up and therefore it will negatively impact my property because when there's a storm, the creek floods into the center of that property. I'm afraid that if they build up Southold Town Planning Board Page Three June 9, 2008 that property, then that flood area is going to generate towards my property then I'll be the Iow land. That's my concern. I was also concerned about the pedestrian walkway that's going to run the perimeter of my property. But I did find out that's supposed to be a private, not public access to the creek. Chairperson Woodhouse: I thank you for your time. I will say the application has undergone a thorough environmental review and, as part, there are a number of conditions that the applicant has agreed to; one of them is to mitigate the potential impact on the wetlands as well as the scenic vista. We have increased the size of the setback on Lot 3, establishing a 75' wide non-turf buffer, and there's a 50' wide non-disturbance buffer that protects the property. So, in the back area that you are concerned about, there could be no disturbance to that ground. If anyone else would like to comment on that as well, please come up. Geor.qine Zaneski: Thank you. Barbara DiNunzio: I live on Wells Road, #1235. The point in question again was the public pedestrian walkway on Wells Road that the map shows. Now the attorney is saying it's not public. Now there are three public accesses to Richmond Creek: one is on Wells Road, and there are two on Indian Neck Lane. The individual home owner or the lot would have access to Richmond Creek from their own private property. The wetlands are sensitive and very important to fish and birds in our area. We have a job to protect our environment and ecological system. Chairperson Woodhouse: Thank you. Is there anyone else who would like to address the Board on this application? Are there any questions or comments from the Board? Joe Townsend: This application has taken a long time to process, I'm sure the applicant will attest to. There have been a lot of precautions taken to preserve the quality of Richmond Creek and the vista. I think the applicant has been very cooperative in accepting the provisions that the Planning Board has imposed on it. Most of your concerns I think were addressed. We were concerned there are a lot of non-disturbed area, no cutting areas, which I think will go a long way to preserving the creek. If there is building, he is going to have to build according to the building code for flood prevention, which would not allow him to adversely impact his neighbor's property. He would just have to have his property built high enough to allow the flood waters to go around it. Basically, that's all I have to say. Chairperson Woodhouse: There are a number of conditions and we will read them as we go through this application and the resolutions. If there are no other comments, I will entertain a motion to close this hearing. Joe Townsend: So moved. Martin Sidor: Second. Southold Town Planning Board Page Four June 9, 2008 Chairperson Woodhouse: All in favor? Ayes. Ken Edwards: I would like to offer the following: WHEREAS, this proposal is to subdivide a 6.5539-acre parcel into three lots where Lot 1 equals 80,000 sq. ft., Lot 2 equals 80,010 sq. ft. and Lot 3 equals 82,932 sq. ft. in the R-80 Zoning District; and WHEREAS, an application for sketch approval was submitted on January 6, 2006, including the sketch plan prepared by Howard W. Young, L.S., dated June 1, 2005 and last revised December 11, 2005, and the Existing Resources and Site Analysis Plan prepared by Howard Young, US., dated April 13, 2005 and last revised on December 11,2005; and WHEREAS, the Southold Town Planning Board started the SEQR lead agency coordination process for this unlisted action on February 14, 2006; and WHEREAS, on March 27, 2006, the New York State Department of Environmental Conservation issued a Article 25 Tidal Wetlands Permit for the proposed action; and WHEREAS, in response to the Planning Board's concerns regarding the project's potential environmental impacts, on June 7, 2006, the applicant submitted a revised Existing Resources and Site Analysis Plan (ERSAP) in addition to a Visual Impact Analysis; and WHEREAS, on September 12, 2006, the Southold Town Planning Board accepted the Existing Resources and Site Analysis Plan prepared by Howard W. Young, L.S., dated April 13, 2005 and last revised on April 21,2006, pursuant to Section 240-10(A) of the Southold Town Code; and WHEREAS, the Southold Town Planning Board finds that this proposal for three (3) lots is not subject to the affordable housing provisions pursuant to Section 240-10(B)(C) of the Southold Town Code; and WHEREAS, on September 12, 2006, the Southold Town Planning Board accepted the yield of three (3) lots and finds that the Yield Map requirement pursuant to Section 240-10(B) of the Southold Town Code has been satisfied by the sketch plan prepared by Howard W. Young, L.S., dated June 1,2005 and last revised December 11, 2005, which shows three conforming lots excluding areas of unbuildable lands; and WHEREAS, on September 12, 2006, the Southold Town Planning Board granted Conditional Sketch Approval upon the map prepared by Howard W. Young, L.S., dated June 1, 2005 and last revised December 11, 2005; and Southold Town Planning Board Page Five June 9, 2008 WHEREAS, on September 22, 2006, the Suffolk County Water Authority issued a "Letter of Water Availability" for the action; and WHEREAS, on December 12, 2006, the Southold Town Board of Trustees issued a "Letter of Non-Jurisdiction" for the proposed action; and WHEREAS, at their Work Session on January 16, 2007, the Southold Town Planning Board and the applicant agreed to a number of conditions on the subdivision to mitigate the potential impacts to the wetlands as well as the scenic vista, including increasing the side yard setback on Lot 3, establishing a 75'-wide non-turf buffer and a 50'-wide non-disturbance buffer, proposing planting clusters along Wells Road and staking the building envelopes; and WHEREAS, on April 9, 2007, the proposed action was reviewed under the policies of the Town of Southold Local Waterfront Revitalization Plan and the LWRP Coordinator recommended that it is consistent with the LWRP; and WHEREAS, on April 10, 2007, pursuant to Section 240-42C of the Town Code, the Planning Board waived its right to cluster the lots on a parcel under seven (7) acres in size based upon an inspection of the subject property and in consideration of the information contained on the Existing Resources and Site Analysis Plan (ERSAP); and WHEREAS, on April 10, 2007, the Southold Town Planning Board issued a Negative Declaration for the action pursuant to 6 NYCRR Part 617, Section 617.7; and WHEREAS, on November 30, 2007, the Suffolk County Department of Health Services issued approval of the action; and WHEREAS, on May 5, 2008, an application and fee for preliminary plat approval was submitted, including the preliminary plat prepared by Howard Young, L.S., dated January 11, 2007 and last revised September 10, 2007; therefore, be it RESOLVED, that at the April 28, 2008 Work Session, the Planning Board determined that, as the parcel is not located within the "circles and squares" map, Submission of a Phase 1 Archaeological Survey outlined in the Conditional Sketch Approval is hereby waived; Chairperson Woodhouse: Second. 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 has determined that the action is consistent; Southold Town Planning Board Page Six June 9, 2008 Martin Sidor: Second. Chairperson Woodhouse: All in favor? Ayes. Ken Edwards: and be it further RESOLVED, that the Southold Town Planning Board hereby grant Conditional Preliminary Plat Approval upon the map prepared by Howard Young, L.S. dated January 11,2007 and last revised on September 10, 2007, subject to the following conditions: 1. Submission of final plat application materials and fees. 2. Submission of a letter indicating adequate fire protection from the Southold Board of Fire Commissioners for the property. 3. Review by the Suffolk County Planning Commission. 4. Submission of plot plans for each lot showing existing trees to be retained/preserved and clearing limits. 5. Submission of a copy of the recorded Declaration of Covenants and Restrictions submitted to the Planning Board on March 20, 2008. - Indicate the amount of clearing for each of the lots pursuant to Section 240-46(C) of the Town Code. 6. Submission of twelve (12) paper prints and four (4) mylar prints of the revised final plat each containing the liber and page number of the recording of the Covenants and Restrictions with the Suffolk County Clerk. Joe Townsend: Second. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: and that motion carries. I must say that we have several people on our staff who spent most of their time doing the environmental review, and this has had a very thorough review. Thank you for coming. Southold Town Planning Board Page Seven June 9, 2008 Hearings Held Over From Previous Meetings: Jacoby Family Limited Partnership - This proposal is for a conservation subdivision of a 10.454-acre parcel into two lots where Lot 1 equals 46,571 sq. ft. and Lot 2 equals 408,796 sq. ft., inclusive of a 46,049 sq. ft. building envelope and 362,747 sq. ft. of land to be preserved through the Sale of Development Rights to the County of Suffolk. The property is located at the terminus of Kirkup Lane, s/o Sound Avenue, in Mattituck. SCTM#1000-125-1-5.1 Joe Townsend: RESOLVED, that the Southold Town Planning Board hereby hold open the public hearing for the Jacoby Family Limited Partnership Subdivision. George Solomon: Second. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: That motion carries. CONSERVATION SUBDIVISIONS, STANDARD SUBDIVISIONS, RE- SUBDIVISIONS (Lot Line Changes) Preliminary Extensions: Onufrak, Peter - 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 Covenant & Restriction. The property is located on the n/e/c/o CR 48 and Mary's Road in Mattituck. SCTM#1000-114-5-1 George Solomon: 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 Covenant & Restriction; 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 Southold Town Planning Board Page Eight June 9, 2008 WHEREAS, the Southold Town Planning Board granted Preliminary Plat Approval with conditions upon the map prepared by John T. Metzger, US., dated as last revised October 5, 2007; and WHEREAS, the applicants' agent, Abigail Wickham, Esq., has requested an extension of preliminary approval in a letter dated 5127108; be it therefore RESOLVED, that the Southold Town Planning Board hereby grants an extension of Preliminary Plat Approval from June 11, 2008 to December 11, 2008 upon the map prepared by John T. Metzger, US., dated as last revised October 5, 2007. Ken Edwards: Second the motion. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: That motion carries. SITE PLANS Set Hearings: 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. +1- 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' northwest of Franklinville Road, on the north side of Aldrich Lane, known as 350 Aldrich Lane, in Laurel. SCTM# 1000-125-1-2.6 Martin Sidor: WHEREAS, 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-2 pole = 80' in height with seven (7) fixtures (approx. +/- 15' from north prop. line) on a six-acre parcel in the A-C Zone located approximately 712' n/w of Franklinville Road, on the n/s/o Aldrich Lane, known as 350 Aldrich Lane in Laurel, SCTM#1000-125-1-2.6; and Southold Town Planning Board Page Nine June 9, 2008 WHEREAS, Mattituck Park District is the owner of the property located at 350 Aldrich Lane in Laurel, SCTM#1000-125-1-2.6; and WHEREAS, on April 22, 2008, the agent, Abigail A. Wickham, Esq., working for the applicant, Mattituck Park District, submitted a site plan application for approval; be it therefore RESOLVED, that the Southold Town Planning Board set Monday, July 14, 2008 at 6:00 p.m. for a public hearing at the Southold Town Hall on the site plan prepared by Ward Associates, P.C. dated January 7, 2008, which includes drawings E-1 -E-4. George Solomon: Second. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: That motion carries. APPROVAL OF PLANNING BOARD MINUTES Chairperson Woodhouse: Lastly, I will entertain a motion to approve the minutes of December 10, 2007. Joe Townsend: So moved. Martin Sidor: Second. Chairperson Woodhouse: All those in favor? Ayes. Chairperson Woodhouse: Unless we have any other business, I will entertain a motion to adjourn. George Solomon: So moved. Martin Sidor: Second. Southold Town Planning Board Page Ten June 9, 2008 Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: We are adjourned. Thank you. You have probably witnessed the shortest Planning Board meeting in history. There being no further business to come before the meeting, it was adjourned at 6:12 p.m. Linda Randolph, Transcribing Secretar~ ¢.~rilyn B. ~oodhouse, Chairperson RF. CEIVED t I'. q,o OCT 2 9 Southokl Town Clerk