HomeMy WebLinkAboutPB-03/10/2008PLANNING 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
PUBLIC MEETING MINUTES
Present were:
Monday, March 10, 2008
6:00 p.m.
Jerilyn B. Woodhouse, Chairperson
Kenneth L. Edwards, Member
Martin H. Sidor, Member
George Solomon, Member
Joseph L. Townsend, Member
Heather Lanza, Planning Director
Mark Terry, Principal Planner
Bruno Semon, Senior Site Plan Reviewer
Carol Kalin, Secretary
RECEIVED
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SETTING OF THE NEXT PLANNING BOARD MEETING
Chairperson Woodhouse: Good evening, and welcome to the March 10th meeting of the
Southold Town Planning Board. For our first order of business I am going to entertain a
motion to set Monday, April 14th, 2008 at 6:00 p.m. as the time and place for our next
regular Planning Board Meeting.
George Solomon: So moved.
Ken Edwards: Second.
Chairperson Woodhouse: All in favor?
Ayes.
Southold Town Plannin.q Board Pa.qe Two March 10, 2008
Chairperson Woodhouse: Tonight we have several public hearings. There will be
opportunities for people in the audience to address the Board. When you would like to
speak, if you would come to either of these two podiums, state your name and where
you are from, and if you would please print your name on the piece of paper that's
there, it would be most appreciated.
PUBLIC HEARINGS
6:00 p.m. - Brewer Yacht Yard - This amended site plan is for a new accessory 45' x
25' open air pavilion on a 9.6-acre parcel in the Marine II Zone located on the corner of
Manhasset Avenue and Sandy Beach Road, known as 500 Sandy Beach Road, in
Greenport. SCTM#1000-43-3-2
Chairperson Woodhouse: Is there anyone here who would like to speak on behalf of
this application? Hearing none, first let me state that we do have one letter in the file
that will be part of the public record submitted by Alpha Consulting. I will entertain a
motion to close this hearing.
Ken Edwards: So moved.
Joe Townsend: Second.
Chairperson Woodhouse: All in favor.
Ayes.
Chairperson Woodhouse: That motion carries,
Ken Edwards: May I offer the following resolution: WHEREAS, this amended site plan
is for a new accessory 45' x 25' open air pavilion on a 9.6-acre parcel in the Marine II
Zoning District; and
WHEREAS, Brewer Yacht Yard is the owner of the property located on the corner of
Manhasset Avenue and Sandy Beach Road known as 500 Sandy Beach Road in
Greenport, SCTM# 1000-43-3-2; and
WHEREAS, on April 30, 2007, the agent, Ted Angell of Alpha Consulting, working for
the owner, Brewer Yacht Yard at Greenport, Inc., submitted a new site plan application,
and on April 26, 2007, the Planning Board accepted the application; and
WHEREAS, on May 2, 2007, the Planning Board, pursuant to Southold Town Code
§280-131 C, referred the application out to agencies having jurisdiction for their
Southold Town Planning Board Page Three March 10, 2008
comment, and the following agencies responded: Town Engineer, Architectural Review
Committee, Suffolk County Planning Commission, Southoid Town Building Department
and the Greenport Fire Department; 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 14, 2007, the Suffolk County Department of Planning responded
after review and determined this matter is for "local determination as there appears to
be no significant county-wide or inter-community impact(s)" and the Planning Board
accepts this pursuant to 239L & M General Municipal Law; and
WHEREAS, on May 15, 2007, the Southold Town Planning Board, acting under the
State Environmental Quality Review Act (6 NYCRR), Part 617.5 c (7), made a
determination that the proposed action was a Type II and not subject to review; and
WHEREAS, on May 16, 2007, the Southold Town Board of Trustees reviewed an
application for compliance with the Town Code and issued a Permit Number 6616 with
conditions and the Southold Town Planning Board accepts this for approval; and
WHEREAS, on June 7, 2007, the New York State Department of Environmental
Conservation issued a Permit No. 1-4738-03309/00005 under Article 70,ECL and the
Southold Town Planning Board accepts this for approval; and
WHEREAS, on July 12, 2007, the Southold Town Zoning Board of Appeals reviewed an
application for compliance with Town Code Section 280-116 for a building at less than
75 feet to the existing bulkhead and granted approval under Appeal Number 6051 with
the following condition:
That a complete gutter system be installed leading the drywell system, with
continued maintenance for all roof water run-off and the Southold Town Planning
Board accepts this for approval; and
WHEREAS, on July 25, 2007, the Southold Town Engineer reviewed the site plan
materials and replied with comments requiring amendments to the site plan and the
Planning Board accepts these comments and notified the applicant to incorporate the
changes into a revised amended site plan; and
WHEREAS, on January 10, 2008, the Southold Town Zoning Board of Appeals
reviewed an application for compliance with Town Code Height Requirements for a
building proposed at 22.7' in height and granted approval under Appeal Number 6102
and the Southold Town Planning Board accepts this for approval; and
Southold Town Planning Board Page Four March 10, 2008
WHEREAS, on February 7, 2008, the Southold Town Building Inspector reviewed and
certified the site plan with "Pavilion" is a permitted use in this Mil District" and the
Southold Town Planning Board accepts this for approval; and
WHEREAS, on February 25, 2008, the Planning Department received a new site plan
application changing the agent of record to Michael Acebo, VP of Brewer Yacht Yard at
Greenport, Inc.; the Planning Board notes this for the file; and
WHEREAS, on March 10, 2007, the Greenport Fire Department reviewed the site plan,
and responded with no objections to the building of the open air pavilion as long as it
meets state fire code and the Southold Town Planning Board accepts this for approval;
and
WHEREAS, the Southold Town Planning Board, pursuant to Chapter 58, Notice of
Public Hearing, has received affidavits that the applicant has complied with the
notification provisions; therefore, be it
RESOLVED, that the Southold Town Planning Board, pursuant to Town Code §280-
131B(5)(b), reserves the right to review the parking requirements again if a change of
use is proposed;
Georqe Solomon: Second.
Chairperson Woodhouse: All in favor?
Ayes.
Ken Edwards: And be it further RESOLVED, that pursuant to Southold Town Code
280-131 Part I, the applicant agrees to incorporate all the requirements, comments, and
recommendations of each reviewing agency as referenced above and as indicated on
the site plan and corresponding attachments;
George Solomon: Second.
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 (LWRP), and has determined that the action is
consistent with the LWRP, as detailed in a memo dated March 5, 2008 prepared by the
LWRP Coordinator;
Southold Town Planning Board Page Five March 10, 2008
George Solomon: Second.
Chairperson Woodhouse: All in favor?
Ayes.
Ken Edwards: And be it further RESOLVED, that the Southold Town Planning Board
grant approval with conditions on the amended site plan prepared by Daniel S.
Natchez & Associates dated August 26, 2003 and received by the Planning Department
on February 27, 2008, and authorize the Chairperson to endorse the site plan with the
following conditions:
The owner, agent and/or applicant agrees to notify the Town Engineer and/or the
Southold Town Planning Department for a site inspection prior to back filling the
drywells and install the drainage requirements to the satisfaction of the Town
Engineer and Planning Board.
All outdoor lighting shall comply with the Town Code and be shielded so that the
light source is not visible from adjacent properties and roadways. Lighting fixtures
shall focus and direct the light in such a manner as to contain the light and glare
within property boundaries and be "dark-sky friendly".
3. All signs shall comply with the Town Code and must be issued a permit from the
Southold Town Building Inspector prior to posting.
As per the landscape survivability guarantee, the applicant agrees to replace any of
the landscaping which is diseased or dead within three (3) years of receiving final
site approval after site work is completed.
The site plan approval requires that all work proposed on the site plan shall be
completed within three (3) years from the date of the final stamp of approval on the
site plan.
Prior to issuance of the Certificate of Occupancy, the owner or authorized agent
must request in writing an on-site inspection by the Building Inspector and the
Planning Board.
Prior to the request for an on-site inspection, the applicantJagentJowner must
submit a copy of all required approvals from any necessary agencies to the
Southold Town Planning Department.
Southold Town Planning Board Page Six March 10, 2008
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 each
deviation.
Any changes from the approved site plan shall require Planning Board approval,
and any such changes without Planning Board approval will be referred to the
Town Attorney's Office for possible legal action.
10. Prior to the issuance of a Certificate of Occupancy, the Planning Board will issue a
final site approval in writing following a site inspection, wherein it is determined that
the construction complies with the approved site plan.
Joe Townsend: Second.
Chairperson Woodhouse: All in favor?
Ayes.
Chairperson Woodhouse: And that motion carries.
6:05 p.m. - Seifert Construction - This proposed site plan is for construction of a new
building 3,965 sq. ft. (38'x78' plus a 38' x 6' porch overhang) with approximately 2,191
sq. ft. of warehouse, 773 sq. ft. of display area, 228 sq. ft. of porch and 773 sq. ft. of
second floor office to be used as an office, warehouse/custom cabinet workshop on a
11517.67 sq. ft. parcel in the LI Zone located approximately 520' w/o Pacific Street on
the s/s/o Sound Avenue, known as 11780 Sound Avenue in Mattituck. SCTM#1000-
141-3-44
Chairperson Woodhouse: I believe Ms. Moore would like to speak on this application.
Patricia Moore: Good evening. On behalf of Seifert Construction; I have the Seifert
Brothers who are principals in Seifert Construction here this evening. I also have Mark
Schwartz, who is a design professional, so if there are any questions that I can't
address, I'll refer them to them for assistance. I do have two green cards; I'll give them
to Carol when I'm done. This property has gone through an extensive review already;
we had started with the Zoning Board because of the size of the property, which is non-
conforming in the Light Industrial Zoning. It also contains a dilapidated house which, as
a matter of information, the residential use is not permitted in Light Industrial. So, we
are actually eliminating what is a non-conforming use and the use that is proposed is a
contractor's office and a warehouse, which is considered permitted use. Seifert intends
to have its office there with a showroom and a warehouse with custom carpentry inside
Southold Town Planning Board Page Seven March 10, 2008
the building. A great deal of care has been taken, certainly by Mark Schwartz and the
principals in designing a building that appears residential in character from the street,
will be extensively landscaped in accordance with the plans that you have shown
outside on the wall. There has been an effort to design this in such a way that the
entrance, the garage door, is facing the LIRR. At the Zoning Board we considered
issues with respect to sound by making the building property insulated and air
conditioned so as to not create any noise to any adjacent properties. Again, the use
here is primarily their office. They will provide a showroom area so that their customers
can come in and look at different cabinetry, hardware, that kind of thing. The setbacks
are now conforming with the Zoning Board approval that we received, and the property
should be a great improvement from what is there as a matter of its history here, there
have been attempts to place a communications tower here by the prior owner, Rosen,
which was declined at one point or another. So the property really is need of
rehabilitation and we hope that this plan will be of great pride to the owners as well as
to Mattituck community. If you have any questions, I'll be happy to address them.
Chairperson Woodhouse: Thank you. Is there anyone else who would like to address
the Board on this application? I will entertain a motion to close this hearing.
Joe Townsend: So moved.
Pat Moore: Thank you.
Ken Edwards: Second.
Chairperson Woodhouse: All in favor?
Ayes.
Joe Townsend: WHEREAS, this proposed site plan is for construction of a new
building 3,965 sq. ft. (38'x78' plus a 38' x 6' porch overhang) with approximately 2,191
sq. ft. of warehouse, 773 sq. ft. of display area, 228 sq. ft. of porch and 773 sq. ft. of
second floor office and the building will be used as an office, warehouse/custom cabinet
workshop on a 11517.67 sq. ft. parcel in the LI Zone; and
WHEREAS, Seifert Construction is the owner of the property located approximately
520' w/o Pacific Street on the s/s/o Sound Avenue, known as 11780 Sound Avenue, in
Mattituck, SCTM#1000-141-3-44; and
WHEREAS, on June 18, 2007, the agent, Patricia C. Moore, Esq., working for the
owner, Seifert Construction, submitted a new site plan application, and on June 25,
2007, the Planning Board accepted the application; and
Southold Town Planning Board Page Eight March 10, 2008
WHEREAS, on August 16, 2007, the Southold Town Zoning Board of Appeals reviewed
an application for compliance with Town Code Section 280-63 & 280-64 and granted
approval under Appeal Number 6059 with a condition as follows:
Reduction of width of the easterly driveway by one foot, and reduction of the warehouse
by two feet, to provide adequate screening for the residence(s) and the Southold Town
Planning Board accepts this for approval; and
WHEREAS, on December 19, 2007, the agent, Patricia C. Moore, Esq., working for the
owner, Seifert Construction, submitted a revised site plan with building elevations and
the landscape plan for review, and Planning Department Staff can now process the site
plan application; and
WHEREAS, on December 20, 2007, the Architectural Review Committee reviewed the
site plan application and responded with full endorsement of the revised application and
the Southold Town Planning Board accepts this for approval; and
WHEREAS, on January 29, 2008, the Planning Board, pursuant to Southold Town
Code §280-131 C., referred the application out to agencies having jurisdiction for their
comment, and the following agencies responded: Town Engineer, Suffolk County
Planning Commission, Suffolk County Department of Health Services, Southold Town
Building Department and the Mattituck 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 February 7, 2008, the Southold Town Building Inspector reviewed and
certified the site plan with "Custom Workshop is a permitted use in this LI District" and
the Southold Town Planning Board accepts this for approval; and
WHEREAS, on February 12, 2008, the Southold Town Planning Board, acting under
the State Environmental Quality Review Act (6 NYCRR), Part 617.5 c (7), made a
determination that the proposed action was a Type II and not subject to review; and
WHEREAS, on February 26, 2008, the Suffolk County Department of Health Services
(SCDHS) responded after review with comments and the permit is pending under HD
Ref. #C10-07-0016 and the Southold Town Planning Board accepts this for approval;
and
Southold Town Planning Board Page Nine March 10, 2008
WHEREAS, on February 27, 2008, the Mattituck Fire District reviewed the site plan,
and responded with no additional recommendations other then all drives be cleared and
maintained to meet Southold Town Code and the Southold Town Planning Board
accepts this for approval; and
WHEREAS, on March 4, 2008, the Suffolk County Department of Planning responded
after review and determined this matter is for "local determination as there appears to
be no significant county-wide or inter-community impact(s)" and the Planning Board
accepts this pursuant to 239L & M General Municipal Law; and
WHEREAS, on February 29, 2008, the Southold Town Engineer reviewed the site plan
materials and replied with comments requiring amendments to the site plan and the
Planning Board accepts these comments and notified the applicant to incorporate the
changes into a revised amended site plan; and
WHEREAS, the Southold Town Planning Board, pursuant to Chapter 58, Notice of
Public Hearing, has received affidavits that the applicant has complied with the
notification provisions; therefore, be it
RESOLVED, that the Southold Town Planning Board, pursuant to Town Code §280-
131 B (5)(a & b), reserves the right to review the parking requirements again if a
change of use is proposed;
George Solomon: Second.
Chairperson Woodhouse: All in favor?
Ayes.
Joe Townsend: and be it further RESOLVED, that pursuant to Southold Town Code
280-131 Part I, the applicant agrees to incorporate all the requirements, comments, and
recommendations of each reviewing agency as referenced above and as indicated on
the site plan and corresponding attachments;
George Solomon: Second.
Chairperson Woodhouse: All in favor?
Ayes.
Southold Town Planning Board Page Ten March 10, 2008
Joe Townsend: 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 (LWRP), and has determined that the action is
consistent with the LWRP, as detailed in a memo dated March 4, 2008 prepared by the
LWRP Coordinator;
Ken Edwards: Second.
Chairperson Woodhouse: All in favor?
Ayes.
Joe Townsend: and be it further RESOLVED, that the Southold Town Planning Board
grant Approval with Conditions on the site plan drawing set numbered S-1, S-3, S-4,
A-l, A-2, A-3 & A-4 prepared by Mark K. Schwartz, AIA, Architect, PLLC, dated March
5, 2008, and the attached Landscape Planting Plan prepared by Briarcliff, dated
December 17, 2007, and authorize the Chairperson to endorse the site plans with the
following conditions:
1. The owner, agent and/or applicant agree to notify the Town Engineer and or the
Southold Town Planning Department for a site inspection prior to completion of the
drainage system and meet the drainage requirements to the satisfaction of the Town
Engineer and Planning Board.
2. All outdoor lighting shall comply with the Town Code and be shielded so that the light
source is not visible from adjacent properties and roadways. Lighting fixtures shall
focus and direct the light in such a manner as to contain the light and glare within
property boundaries, and be "dark-sky friendly".
3. All signs shall comply with the Town Code and must be issued a permit from the
Southold Town Building Inspector prior to posting.
4. As per the landscape survivability guarantee, the applicant agrees to replace any of
the landscaping which is diseased or dead within three (3) years of receiving final
site approval after site work is completed.
5. The site plan approval requires that all work proposed on the site plan shall be
completed within three (3) years from the date of the final stamp of approval on the
site plan.
Prior to issuance of the Certificate of Occupancy, the owner or authorized agent
must request, in writing, an on-site inspection by the Building Inspector and the
Planning Board.
Southold Town Planning Board Page Eleven March 10, 2008
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 Southold Town
Planning Department.
8. 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 each
deviation.
9. Any changes from the approved site plan shall require Planning Board approval, and
any such changes without Planning Board approval will be referred to the Town
Attorney's Office for possible legal action.
10. Prior to the issuance of a Certificate of Occupancy, the Planning Board will issue a
final site approval in writing following a site inspection, wherein it is determined that
the construction complies with the approved site plan.
11. The applicant must receive approval from the Suffolk County Department of Health
Services (SCDHS) for this site plan pending under HD Reft #C10-07-0016. The
applicant must submit a copy of the approved plan from the SCDHS to the Planning
Board for review. If the approved plan submitted to SCDHS varies from the site plan
approved by the Planning Board, the Planning Board reserves the right to review the
changes as an amended site plan application.
Geor,qe Solomon: Second the motion.
Chairperson Woodhouse: All in favor?
Ayes.
Chairperson Woodhouse: And this motion carries. Thank you.
6:10 p.m. - Purita Winery - This new site plan is for the alteration and expansion of
existing buildings into a new winery totaling 6,304 sq. ft. which includes 287 sq. ft. of
office, 347 sq. ft. of retail, 3,249 sq. ft. of tasting room, 871 sq. ft. of storage area, 1,770
sq. ft. of production area and stone terrace with 25 parking spaces on a 3.7431-acre
parcel in the A-C Zone located on the n/s/o Old North Road, approximately 286 ft. w/o
County Road 48, known as 19110 Old North Road, in Southold. SCTM#1000-51-3-4.11
Southold Town Planning Board Page Twelve March 10, 2008
Chairperson Woodhouse: We have several letters in the file on this application. If
there is anyone who would like to address the Board at this time, please come forward.
Nancy Steelman: I am with Samuels & Steelman Architects. I am the architect on the
project. I really don't have too much to say; I know that the Board has reviewed this
project thoroughly, and we tried to work with you on the potential changes that you
have. I just want to make a couple of points, though. Let me just reiterate that the
access to this winery will be off a small access off the North Road onto a driveway on
Old North Road. It will not at all in any way have any access from any of the adjacent
roads that come into this large farm. I just want to make that point. I am here for any
questions; I also have Claudia and Frank Purita and Pat Moore to answer any
questions.
Chairperson Woodhouse: Thank you.
Kevin Shannon: I live in Chardonnay Estates and I have been chosen by the other
people that live in Chardonnay Estates to address some issues. I was happy that Ms.
Steelman addressed one of them right off the top; there is a two-lot subdivision that
dead-ends off of Chardonnay Road that is part of Chardonnay Estates, and we want to
make sure that there will be no access to the winery through that road there, and
apparently that is what you are saying and the Town Board approves that. Also, there
is a farm road that goes down to Soundview and you're also agreeing that will not be
used.
Nancy Steelman: The Suffolk County Farm Committee has basically stated to the
Planning Board in a letter that we are not able to access the winery from any of the
farm rights in the vineyard or on the farm. So we are also very aware of that.
Kevin Shannon: The other thing, going on, is that we thought because there would be
increased traffic in the area, we would like a "no outlet" sign at the entrance to our
subdivision so people know that they can't get to the winery through there; there's only
one road that leads in and we would like the Town to put one of those traffic signs.
Obviously, this tasting room will probably hold other functions, weddings, social affairs,
so forth and so on. In the letter here, some people in Chardonnay Estates expressed
concern about noise, so forth and so on, from these events. I have always found that
the regulation that the Town now has in force, has always been firmly and politely
enforced, so I am assuming that would continue, and that Purita will, when they hold
these functions, tell the people that are there what those regulations are and that they
have to conform to them. The other thing: we both share access to wetlands and we
are concerned with this naturally. The new parking areas, especially the overflow
parking area which sort of borders on the wetlands that you mitigate whatever
environmental impact there would be to that area: we hope that you will work with us in
that. I don't know if the Town does regular testing of wetlands or if we see something or
Southold Town Planning Board Page Thirteen March 10, 2008
you see something that's wrong, we would report it to you and we would have to take, I
guess, mitigating action, correct?
Chairperson Woodhouse: Well, you would refer it not to us but to the Trustees or the
NYS Department of Environmental Conservation.
Kevin Shannon: Yes. OK. And then the last thing: we were reviewing the site
description questionnaires and everything, and we noticed what we thought were some
inconsistencies and we thought that we would point them out to you. I can give you a
copy of this.
Chairperson Woodhouse: While you are here, is there any other question you have for
the applicants?
Kevin Shannon: No. For the record, I did receive a letter and gave it to you. He
couldn't make the meeting tonight, so he asked us to present that letter addressing his
concerns.
Chairperson Woodhouse: That will be part of our file. Thank you.
Nancy Steelman: Not a lot of traffic coming in off Soundview Avenue. I don't expect
that. I think mostly people will be coming right off the North Road. So, I can
understand your concern, but I really think that's where most people will be coming
from, probably heading East, they won't be coming West where they would make that
turnoff. So, I think that's probably what will be happening. We set it up that way so it
would really be a small driveway right off North Road.
Chairperson Woodhouse: Is there anyone else who would like to address the Board on
this application?
Nancy Palahnuk: Good evening ladies and gentlemen. I reside at 310 Chablis Path,
Chardonnay Estates. I just want to go on record as also concurring with some of the
concerns that have come up over the winery. We have a very beautiful, peaceful,
serene preserved area and we just all want to make sure it stays that way. So, we will
be watching. But I just wanted to go on record as saying that we are concerned. For all
of Southold, we want to try and keep it successful and also as nice as it has been for
the last 50 years that I've been out here. Thank you very much.
Chairperson Woodhouse: Thank you. Yes, sir?
Frank DiNicola: I also live in Chardonnay Woods. I just want to let you know that I
agree with everything Mr. Shannon has said. Also, one other question: I just wanted to
know: on the plan we received, the survey, I want to understand the need for another
Southold Town Planning Board Page Fourteen March 10, 2008
utility road leading to the two adjoining pieces of property that are shown on here.
Nancy Steelman: That is an easement. It's a utility easement that was required by
LIPA and Suffolk County Water Authority. It doesn't have anything to do with this
application; that was done at the time the property was subdivided.
Frank DiNicola: OK. Thank you.
Chairperson Woodhouse: Thank you. Are there any other questions or comments?
Hearing none, I will entertain a motion to close this hearing.
Bruno Semon: Madame Chairperson? I just want to address the sign if I can. The
outlet sign, Mr. Shannon, from what I understand, needs to be addressed through Peter
Harris, he is in charge of our highways. Town Board may need to endorse that
because it's something that the Town Board may have to do a resolution on, but the
Superintendent of Highways, Peter Harris, is who you would write a letter to.
Kevin Shannon: Right. So I just make the request of Peter Harris?
Bruno Semon: This Planning Board can give a recommendation, but can't actually
have that happen, even if they wanted to.
Kevin Shannon: OK. Thank you.
Chairperson Woodhouse: Thank you very much, Mr. Semon.
Ken Edwards: I want to make a motion to close the hearing.
Joe Townsend: Second.
Chairperson Woodhouse: All in favor?
Ayes.
Chairperson Woodhouse: The hearing is closed.
Geor.qe Solomon: WHEREAS, this site plan is for the alteration and expansion of an
existing building into a new winery totaling 6,304 sq. ft. which includes 267 sq. ft. of
office, 347 sq. ft. of retail, 3,249 sq. ft. of tasting room, 671 sq. ft. of storage area, 1,770
sq. ft. of production area and stone terrace with 25 parking spaces on a 3.7431-acre
parcel in the A-C Zone located on the n/s/o Old North Road, approximately 286 ft. w/o
County Road 48, Southold, SCTM#1000-51-3-4.11;and
Southold Town Planning Board Page Fifteen March 10, 2008
WHEREAS, Claudia Purita is the owner of the property known as 19110 Old North
Road, in Southold; and
WHEREAS, on October 11, 2007, the agent, Nancy Steelman of Samuels & Steelman,
Architects, working for the owner, Claudia Purita, submitted a new site plan application,
and on October 19, 2007, the Planning Board accepted the application; and
WHEREAS, on October 23, 2007, the Planning Board, pursuant to Southold Town
Code §280-131 C., referred the application out to agencies having jurisdiction for their
comment, and the following agencies responded: Town Engineer, Architectural Review
Committee, Suffolk County Planning Commission, Suffolk County Farmland Committee,
Southold Town Building Department and the Southold 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 October 24, 2007, the Architectural Review Committee reviewed the
site plan and responded with full endorsement of the application and the Southold
Town Planning Board accepts this for approval; and
WHEREAS, on November 14, 2007, the Suffolk County Farmland Committee reviewed
the proposed project and determined this matter which included the use of PDR road
"acceptable as long as it is unpaved farm road and not open to the public" and the
Planning Board accepts this for approval; and
WHEREAS, on November 20, 2007, the Suffolk County Department of Planning
responded after review and determined this matter is for "local determination as there
appears to be no significant county-wide or inter-community impact(s)" and the
Planning Board accepts this pursuant to 239L & M General Municipal Law; and
WHEREAS, on November, 30, 2007, the Southold Fire District reviewed the site plan,
and responded that there is adequate fire protection at this site; and
WHEREAS, on January 15, 2008, the Southold Town Planning Board, acting under the
State Environmental Quality Review Act (6 NYCRR), Part 617 Article 6, initiated the
SEQR lead agency coordination process of the Unlisted Action and the following
agencies responded: New York State Department of Environmental Conservation,
Suffolk County Planning Commission, Suffolk County Department of Public Works and
the Suffolk County Department of Health Services; and
Southold Town Planning Board Page Sixteen March 10, 2008
WHEREAS, on February 7, 2008, the Southold Town Building Inspector reviewed and
certified the site plan with "the proposed use winery is a permitted use in this A-C
District" and the Southold Town Planning Board accepts this for approval; and
WHEREAS, on February 11, 2008, the Southold Town Planning Board, acting under the
State Environmental Quality Review Act, performed a coordinated review of the Unlisted
Action and the lead agency comments from those agencies referenced above were received
and accepted by the Planning Board, discussed with the applicant, and incorporated into the
SEQRA determination. The Planning Board established itself as the lead agency and, as
lead agency, made a determination of non-significance and granted a Negative
Declaration; and
WHEREAS, on February 28, 2008, the Southold Town Engineer reviewed the site plan
materials and replied with comments and these comments have been incorporated into
the revised plan to the satisfaction of the Planning Board; and
WHEREAS, on March 6, 2008, the New York State Department of environmental
Conservation reviewed the applicants Notice of Intent (NOI) for coverage under the
general permit No GP-02-01 (SPEDES) and determined this project does not need to
obtain coverage under GP-02-01 for the noted disturbance of 0.5 acres and the
Southold Town Planning Board accepts this for approval; and
WHEREAS, the Southold Town Planning Board, pursuant to Chapter 58, Notice of
Public Hearing, has received affidavits that the applicant has complied with the
notification provisions; be it therefore
RESOLVED, that the Southold Town Planning Board, pursuant to Town Code §280-
131 B (5)(b), reserves the right to review the parking requirements again if a change of
use is proposed;
Chairperson Woodhouse: Second. All in favor?
Ayes.
Joe Townsend: I am going to recuse myself, as Mr. Purita is a neighbor. We own
commercial properties that are adjacent and we are presently considering a joint
application. Because of that, while that wasn't the case up until recently, I am going to
not vote on this.
Chairperson Woodhouse: OK, you will abstain from all the votes.
Southold Town Planning Board Page Seventeen March 10, 2008
George Solomon: and be it further RESOLVED, that pursuant to Southold Town Code
280-131 Part I, the applicant agrees to incorporate all the requirements, comments, and
recommendations of each reviewing agency as referenced above and as indicated on
the site plan and corresponding attachments;
Ken Edwards: Second.
Chairperson Woodhouse: All in favor?
Ayes. (one abstention)
Geor.qe Solomon: and be it further RESOLVED, that the Southold Town Planning
Board has reviewed the proposed action under the policies of the Town of Southold
Local Waterfront Revitalization Program (LWRP), and has determined that the action is
consistent with the LWRP, as detailed in a memo dated March 5, 2008 prepared by the
LWRP Coordinator;
Ken Edwards: Second the motion.
Chairperson Woodhouse: All in favor?
Ayes. (one abstention)
Geor.qe Solomon: and be it further RESOLVED, that the Southold Town Planning
Board grant Approval with Conditions on the site plan drawings numbered 1-6
(including the drawings labeled 1=Site Plan, 2=Site Utilities, 3=Site Plan Details,
4=Landscape & Lighting Plan, 5= Floors Plans & 6=Building Elevations), prepared by
Nancy Steelman of Samuels & Steelman, Architects, dated October 8, 2007 and last
revised March 7, 2008, and authorize the Chairperson to endorse the site plans with the
following conditions:
1. The following items have been noted on the final Site Plan Drawing Sheet No. 3 and
they are Planning Board mandated conditions of approval:
a) All outdoor lighting shall comply with the Town Code and be shielded so that the
light source is not visible from adjacent properties and roadways. Lighting
fixtures shall focus and direct the light in such a manner as to contain the light
and glare within property boundaries, and be "dark-sky friendly".
b) All signs shall comply with the Town Code, and must be issued a permit from the
Southold Town Building Inspector prior to posting.
Southold Town Planning Board Page Eighteen March 10, 2008
c)
As per the landscape survivability guarantee, the applicant agrees to replace any
of the landscaping which is diseased or dead within three (3) years of receiving
final site approval after site work is completed.
d)
The site plan approval requires that all work proposed on the site plan shall be
completed within three (3) years from the date of the final stamp of approval on
the site plan.
e)
Prior to issuance of the Certificate of Occupancy, the owner or authorized agent
must request, in writing, an on-site inspection by the Building Inspector and the
Planning Board.
Prior to the request for an on-site inspection, the applicantJagent/owner must
submit a copy of all required approvals from any necessary agencies to the
Southold Town Planning Department.
g)
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 each
deviation.
h)
Any changes from the approved site plan shall require Planning Board approval,
and any such changes without Planning Board approval will be referred to the
Town Attorney's Office for possible legal action.
i)
Prior to the issuance of a Certificate of Occupancy, the Planning Board will issue
a final site approval in writing following a site inspection, wherein it is determined
that the construction complies with the approved site plan.
2. The applicant must receive approval from the Suffolk County Department of Health
Services (SCDHS) for this site plan pending under HD Ref. #C10-07-0014. The
applicant must submit a copy of the approved plan from the SCDHS to the Planning
Board for review. If the approved plan submitted to SCDHS varies from the site plan
approved by the Planning Board, the Planning Board reserves the right to review the
changes as an amended site plan application; and If the applicant/agentJowner fails
to comply with the conditions listed above, or if approvals from the NYSDEC or
SCDHS are based on plans that vary from those reviewed by the Planning Board,
this approval with conditions shall become null and void.
Ken Edwards: Second the motion.
Chairperson Woodhouse: All in favor?
Ayes. (one abstention)
Southold Town Planning Board Page Nineteen March 10, 2008
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 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
Chairperson Woodhouse: RESOLVED, that the Southold Town Planning Board hereby
holds open the public hearing for the Jacoby Family Limited Partnership Subdivision.
Ken Edwards: Second the motion.
Chairperson Woodhouse: All in favor?
Ayes.
Chairperson Woodhouse: Motion carried.
Charnews, Daniel & Stephanie - This proposal is for a standard subdivision of a
23.4004-acre parcel into two lots where Lot 1 equals 3 acres and Lot 2 equals
20.4004 acres. The property is located on the w/s/o Youngs Avenue and the e/s/o
Horton Lane, approximately 375' south of CR 48, in Southold. SCTM#1000-63-1-25
Chairperson Woodhouse: BE IT RESOLVED, that the Southold Town Planning Board
hereby closes the public hearing for the Charnews Subdivision.
George Solomon: Second that.
Chairperson Woodhouse: All in favor?
Ayes,
Chairperson Woodhouse: And that continues to be held open.
Southold Town Planning Board Page Twenty March 10, 2008
CONSERVATION SUBDIVISIONS, STANDARD SUBDIVISIONS, RE-
SUBDIVISIONS (Lot Line Changes)
Conditional Final Determinations:
Cia.qlo/Wesnofske - This proposal is for a lot line amendment to transfer 10,602.51 sq.
ft. from SCTM#1000-69-4-8.1 to SCTM#1000-69-4-8.2 in the AC Zoning District in
Peconic. The property is located at 36450 County Route 48 in Peconic.
Martin Sidor: WHEREAS, this proposal is for a lot line amendment to transfer
10,602.51 sq. ft. from SCTM#1000-69-4-8.1 to SCTM#1000-69-4-8.2 in the AC Zoning
District; and
WHEREAS, an application for a re-subdivision was submitted to the Southold Town
Planning Board on November 19, 2007, including the map prepared by John Metzger,
Land Surveyor, dated August 16, 2007; and
WHEREAS, the resulting lot line change does not create any nonconformities; and
WHEREAS, the Southold Town Planning Board reviewed this application at their Work
Session on March 3, 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, 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;
George Solomon: 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;
Chairperson Woodhouse: Second. All in favor?
Ayes.
Southold Town Planning Board Page Twenty-One March 10, 2008
Martin Sidor: and be it further RESOLVED, that the Southold Town Planning Board
grant conditional final approval on the map prepared by John Metzger, Land Surveyor,
dated August 16, 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 a copy to this office.
Geor.qe Solomon: Second the motion.
Chairperson Woodhouse: All in favor?
Ayes.
Conditional Final Extensions:
Grebe/Rafferty/Meyer - This proposal is to reconfigure the lot lines of four parcels
where SCTM#1000-6-2-16 will be merged and, following the reconfiguration,
SCTM#1000-6-2-14 will equal 11,786 sq. ft., SCTM#1000-6-2-15 will equal 11,029 sq.
ft. and SCTM#1000-6-2-17.1 will equal 69,428 sq. ft. The properties are located on the
s/s/o Avenue B, approximately 520 ft. w/o Crescent Avenue on Fishers Island.
Ken Edwards: I would like to offer the following resolution: WHEREAS, this proposal is
to reconfigure the lot lines of four parcels where SCTM#1000-6-2-16 will be merged
and, following the reconfiguration, SCTM#1000-6-2-14 will equal 11,786 sq. ft.,
SCTM#1000-6-2-15 will equal 11,029 sq. ft. and SCTM#1000-6-2-17.1 will equal
69,428 sq. ft.; and
WHEREAS, on October 15, 2007, the Southold Town Planning Board granted
conditional final approval on the surveys prepared by CME Associates Engineering,
Land Surveying & Architecture, PLLC dated March 28, 2003 and last revised on
February 6, 2007; be it therefore
RESOLVED that the Southold Town Planning Board grants an extension of
conditional final approval on the map, dated March 28, 2003 and last revised on
February 6, 2007, from October 15, 2007 to April 15, 2008.
George Solomon: Second.
Chairperson Woodhouse: All in favor?
Ayes.
Southold Town Planning Board Page Twenty-Two March 10, 2008
Conditional Sketch Extensions:
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 s/s/o NYS Route 25 and the north
side of Leslie's Road, approximately 1,500 feet e/o Bay Avenue, in Peconic.
SCTM#1000-85-3-12.1 & 12.2; 97-10-1
Joe Townsend: 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, on October 15, 2007, the Southold 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 grant an extension of conditional
sketch approval on the map dated May 23, 1997 and last revised on April 16, 2007,
from November 19, 2007 to May 19, 2008.
Ken Edwards: Second the motion.
Chairperson Woodhouse: All in favor?
Ayes.
Chairperson Woodhouse: That motion carries.
Southold Town Planning Board Page Twenty-Three March 10, 2008
CONSERVATION SUBDIVISIONS, STANDARD SUBDIVISIONS, RE-
SUBDIVISIONS (Lot Line Changes) - STATE ENVIRONMENTAL
QUALITY REVIEW ACT
Lead Agency Coordination:
Aries Estates {Tully) -This proposal is for a standard subdivision of an 11.4418-acre
parcel into two lots, where Lot 1 equals 3.7362 acres, including 1.4354 acres of open
space, and Lot 2 equals 7.6786 acres, including 5.0872 acres of open space, in the R-
80 Zoning District. The property is located at the westerly terminus of a private right-of-
way which extends north from Kayleigh's Court in East Marion. SCTM#1000-22-3-2
Chairperson Woodhouse: WHEREAS, this proposal is for a standard subdivision of an
11.4418-acre parcel into two lots, where Lot 1 equals 3.7362 acres, including 1.4354
acres of open space, and Lot 2 equals 7.6786 acres, including 5.0872 acres of open
space, in the R-80 Zoning District; and
WHEREAS, an application and fee for sketch approval was submitted on May 31,
2006; and
WHEREAS, on January 8, 2007, the East Marion Fire District Board of Commissioners
issued a letter "requiring that a firewell be located 200' of each building envelope and
access to the well site be provided" and "that the access roads are a minimum of 20'
wide and 20' high per NYS Law"; and
WHEREAS, the applicant has not demonstrated that the existing north-south 16' right-
of-way meets the East Marion Fire District Board of Commissioners and Section 503:
Fire Apparatus Roads of the New York State Requirements; therefore, be it
RESOLVED, that the Southold Town Planning Board will not issue sketch plan approval
until the East Marion Fire District Board of Commissioners determines in writing that the
access satisfies the requirements;
Geor.qe Solomon: Second.
Chairperson Woodhouse: All in favor?
Ayes.
Chairperson Woodhouse: and be it further RESOLVED, that the Southold Town
Planning Board, pursuant to Part 617, Article 6 of the Environmental Conservation Law
acting under the State Environmental Quality Review Act, initiates the SEQR lead
agency coordination process for this Unlisted Action.
Southold Town Planning Board Page Twenty-Four March 10, 2008
George Solomon: Second.
Chairperson Woodhouse: All in favor?
Ayes.
Chairperson Woodhouse: the motion carries.
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 (LI) Zoning District. The property is located on the s/e
corner of Corporate Road and Commerce Drive in Cutchogue. SCTM#1000-96-1-1.5
George Solomon: 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 (LI) Zoning District; and
WHEREAS, on November 19, 2007, the Southold Town Planning Board hereby granted
conditional sketch approval on the map prepared by John T. Metzger, L.S., dated June
5, 2007; and
WHEREAS, on November 19, 2007 the Southold Town Planning Board started the
SEQRA lead agency coordination process for this Unlisted Action; and
WHEREAS, no substantive comments were received from the involved agencies;
therefore be it
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.
Southold Town Planning Board Page Twenty-Five March 10, 2008
Conklin.q Point Estates - This proposal is to subdivide a 7.725-acre parcel into four
lots, where Lot 1 equals 29,869 sq. ft., Lot 2 equals 29,869 sq. ft., Lot 3 equals 29,869
sq. ft., Lot 4 equals 29,869 sq. ft. and the open space parcel equals 4.1 acres,
excluding the area of wetlands. This project includes the transferring of 37,882 sq. ft. of
buildable lands from SCTM#1000-53-4-44.3 onto the subject property for the purposes
of establishing yield. The property is located on the w/s/o Kerwin Boulevard,
approximately 575 feet w/o August Lane in Greenport. SCTM#1000-53-4-44.1 & 44.3
WHEREAS, this proposal is to subdivide a 7.725-acre parcel into four lots, where Lot 1
equals 29,869 sq. ft., Lot 2 equals 29,869 sq. ft., Lot 3 equals 29,869 sq. ft., Lot 4
equals 29,869 sq. ft. and the open space parcel equals 4.1 acres, excluding the area of
wetlands. This project includes the transfer of 37,882 sq. ft. of buildable lands from
SCTM#1000-53-4-44.3 onto the subject property for the purposes of establishing yield;
and
Martin Sidor: WHEREAS, on November 14, 2006, the Southold Town Planning Board
granted conditional sketch approval upon the map prepared by Jeffrey T. Butler, P.E.,
dated November 9, 2005 and last revised on August 4, 2006; and
WHEREAS, on February 14, 2006, the Southold Town Planning Board started the
SEQRA lead agency coordination process for this Unlisted Action; and
WHEREAS, no substantive comments were received from the involved agencies; and
WHEREAS, on May 9, 2006, 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; 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
as lead agency for the unlisted action, grants a Negative Declaration for the proposed
action.
Ken Edwards: Second.
Chairperson Woodhouse: All in favor?
Ayes.
Chairperson Woodhouse: and that motion carries.
Southold Town Planning Board Page Twenty-Six March 10, 2008
SITE PLANS - STATE ENVIRONMENTAL QUALITY REVIEW ACT
Determinations:
Warex Terminals Corp. - This site plan is for the proposed alteration of an existing gas
station which will include the removal of the existing 3-bay service station to expand the
existing convenience store, expand the existing gas pump canopy and add a new car
wash, where 1,146 sq. ft. is for the convenience store, 907 sq. ft. is for the car wash
and approximately 3,434 sq. ft. is for the canopy including 12 parking spaces onsite, on
a .55-acre parcel in the General Business Zone located on the n/s/o New York State
Road 25, on the n/e corner of NYS Road 25 and Factory Avenue, known as 9945 Main
Road, in Mattituck. SCTM#1000-142-1-27
Joe Townsend: WHEREAS, this site plan is for the proposed alteration of an existing
gas station which will include the removal of the existing 3-bay service station to expand
the existing convenience store, expand the existing gas pump canopy and add a new
car wash, where 1,146 sq. ft. is for the convenience store, 907 sq. ft. is for the car wash
and approximately 3,434 sq. ft. is for the canopy including 12 parking spaces onsite, on
a .55-acre parcel in the General Business Zone located on the n/s/o New York State
Road 25, on the n/e corner of NYS Road 25 and Factory Avenue, known as 9945 Main
Road, in Mattituck, SCTM#1000-142-1-27; be it therefore
RESOLVED, that the Southold Town Planning Board, pursuant to 6NYCRR Part 617 of
the Environmental Conservation Law, acting under the State Environmental Quality
Review Act, assume SEQR lead agency of this coordination process for this Unlisted
Action and issue a Positive Declaration.
Ken Edwards: Second the motion.
Chairperson Woodhouse: All in favor?
Ayes.
Chairperson Woodhouse: That motion carries.
Review of Reports:
Peconic Recycling & 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 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
Southold Town Planning Board Page Twenty-Seven March 10, 2008
Ken Edwards: I will offer the following resolution: 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 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; and
WHEREAS, on September 11, 2007, the Southold Town Planning Board, pursuant to
6NYCRR Part 617, Article 6 of the Environmental Conservation Law acting under the
State Environmental Quality Review Act, initiated the SEQR lead agency coordination
process for this Unlisted Action; and
WHEREAS, on October 16, 2007, the Southold Town Planning Board, pursuant
6NYCRR to Part 617, Article 6 of the Environmental Conservation Law acting under the
State Environmental Quality Review Act, assumed lead agency for this Unlisted Action;
and
WHEREAS, on September 14, 2007, the Southold Town Planning Board agreed to
contract with Nelson Pope and Voorhis, LLC for the environmental review and
forwarded the information for such review; and
WHEREAS, on February 19, 2008, Nelson Pope and Voorhis, LLC submitted a report
of comments labeled Part 2 on Project Impacts and their Magnitude for review by the
Planning Board; be it therefore
RESOLVED, that the Southold Town Planning Board, pursuant to Part 617, Article 6 of
the Environmental Conservation Law, accept the report of comments from Nelson Pope
and Voorhis, LLC, dated February 19, 2008, and request the applicant to furnish Part III
to help address issues and assist the Planning Board in issuing a Determination of
Significance under SEQRA.
Joe Townsend: Second.
Chairperson Woodhouse: All in favor?
Ayes.
Chairperson Woodhouse: That motion carries.
Southold Town Planning Board Page Twenty-Eight March 10, 2008
Determination of Adequacy for Review by Public and Completeness of the DEIS
(Draft Environmental Impact Statement):
Heritage at Cutchoflue - This proposed residential site plan application is for the
development of a Planned 55+ Active Adult Community consisting of 139 detached and
attached dwellings, 14 of which will be permanently affordable. The affordable units are
approximately 1,135 sq. ft each. The remaining units are proposed to be market-rate,
46 units of which will be 2,647 sq.ft, each, 21 units will be 1,930 sq.ft, each, 36 units will
be approximately 2,700 sq.ft, each, and 20 units will be 3,110 sq.ft, each. Additional
buildings proposed are an 8,840 sq. ft. clubhouse; a 1,160 sq. ft. swimming pool; two
3,200 sq. ft. tennis courts; a 2,400 sq. ft. maintenance garage; a gazebo; a gatehouse;
322 parking spaces, of which 278 are associated with the individual dwelling units and
44 are associated with the clubhouse and recreational facility; 197,043 sq. ft. of
manmade ponds to serve as natural drainage basins/irrigation systems; 1,162,022
square feet (27.676 acres) of landscaping; and various other site improvements
including road pavement, patio and sidewalk improvements, on a vacant 46.17-acre
parcel in the Hamlet Density (HD) Zoning District located on the n/w corner of Griffing
Street and School House Lane, approximately 1,079 feet n/o the Main Road, in
Cutchogue. SCTM#1000-102-1-33.3
Chairperson Woodhouse: WHEREAS, this proposed residential site plan application is
for the development of a Planned 55+ Active Adult Community consisting of 139
detached and attached dwellings, 14 of which will be permanently affordable. The
affordable units are approximately 1,135 sq. ft each. 46 units will be 2,647 sq. ft. each,
21 units will be 1,930 sq. ft. each, 36 units will be approximately 2,700 sq. ft. each, and
20 units will be 3,110 sq. ft. each. Additional buildings proposed are an 8,840 sq. ft.
clubhouse; a 1,160 sq. ft. swimming pool; two 3,200 sq. ft. tennis courts; a 2,400 sq. ft.
maintenance garage; a gazebo; a gatehouse; 322 parking spaces, of which 278 are
associated with the individual dwelling units and 44 are associated with the clubhouse
and recreational facility; 197,043 sq. ft. of manmade ponds to serve as natural drainage
basins/irrigation systems; 1,162,022 square feet (27.676 acres) of landscaping; and
various other site improvements including road pavement, patio and sidewalk
improvements, on a vacant 46.17-acre parcel in the Hamlet Density (HD) Zoning District
located on the northwest corner of Griffing Street and School House Lane,
approximately 1,079 feet north of the Main Road, in Cutchogue; and
WHEREAS, the Planning Board found the proposed project may have a significant
impact on the environment, and on July 16, 2007, issued a Positive Declaration
pursuant to 6 NYCRR Part 617 of the implementing regulations pertaining to Article 8
(State Environmental Quality Review - SEQR) of the Environmental Conservation Law
and Chapter 44 of the Town Code of the Town of Southold; and
Southold Town Planning Board Page Twenty-Nine March 10, 2008
WHEREAS, the Planning Board held a Public Scoping Session for the proposed project
on August 20, 2007, with written public comments on the scope accepted until
September 4, 2007; and
WHEREAS, the Planning Board adopted a Final Scope for the Draft Environmental
Impact Statement (DEIS) on September 7, 2007; and
WHEREAS, the applicant submitted the Draft Environmental Impact Statement (DEIS)
on December 24, 2007; and
WHEREAS, the Planning Board requested, by letter to the applicant's agent, Charles
Cuddy, Esq., dated January 11, 2008, an extension of time of an additional thirty days
beyond the forty-five day requirement to review the DEIS; and
WHEREAS, the applicant granted a thirty (30) day extension to the Planning Board in a
letter from the applicant's agent, Charles Cuddy, Esq., dated January 29, 2008; and
WHEREAS, the Planning Board hired a consultant, KPC Planning Services, Inc. to
review the document and provide a report analyzing the adequacy of the DEIS with
respect to its scope and content for the purpose of commencing public review; and
WHEREAS, the Planning Board, at their March 10, 2008 Work Session, received and
accepted the report from KPC Planning Services, Inc. dated March, 2008; the report
provides a detailed description of the DEIS, identifies areas where it is deficient and
failed to fulfill the Final Scope, and recommends the Planning Board find the DEIS
inadequate for public review; be it therefore
RESOLVED, that the Southold Town Planning Board, pursuant to 6NYCRR Part 617 of
the Environmental Conservation Law acting under the State Environmental Quality
Review Act, hereby determine the Draft Environmental Impact Statement to be
inadequate with respect to the adopted Final Scope and content for the purpose of
commencing public review.
Geor,qe Solomon: Second.
Chairperson Woodhouse: All in favor?
Ayes.
Chairperson Woodhouse: That resolution carries. There is no discussion on that. That
is our determination, it is now available for public review after tonight.
Southold Town Planning Board Page Thirty March 10, 2008
OTHER - Withdrawal of Application
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 8 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
Ken Edwards: I will offer the following resolution: WHEREAS, the applicant submitted
a check in the amount of $24,500.00 dated December 6, 2007, to pay the required Park
and Playground Fee for the Conservation Subdivision of Philip and Patricia Marco; and
WHEREAS, Charles Cuddy, Esq., the applicants' designated agent, submitted a letter
to the Planning Board dated January 24, 2008 requesting the refund of the Park and
Playground Fee, and another letter dated February 8, 2008 requesting the withdrawal of
the aforementioned conservation subdivision; and
WHEREAS, the new owner of the property substantiated their concurrence with the
withdrawal of the application through their attorney, Wayne D. Bruyn, Esq., in a letter
dated February 11, 2008; be it therefore
RESOLVED, that the Southold Town Planning Board hereby designate the application
known as the Conservation Subdivision of Philip and Patricia Marco as withdrawn, and
rescind the conditional approval granted to the aforementioned conservation
subdivision on December 18, 2007;
Joe Townsend: Second.
Chairperson Woodhouse: All in favor?
Ayes.
Southold Town Planning Board Page Thirty-One March 10, 2008
Ken Edwards: and be it further RESOLVED, that the Southold Town Planning Board
hereby authorize the refund of the $24,500.00 Park & Playground Fee to the applicants,
Philip Marco and Patricia P. Marco, in care of the applicants' agent, Charles Cuddy,
Esq., 445 Griffing Avenue, Riverhead, NY, 11901, and recommend same to the Town
Board.
Gero.qe Solomon: Second.
Chairperson Woodhouse: All in favor?
Chairperson Woodhouse: That motion carries. That concludes our formal business. Is
there anyone else who would like to address the Planning Board on any other matter?
APPROVAL OF PLANNING BOARD MINUTES
Chairperson Woodhouse: I will entertain a motion to approve the minutes of
September 10, 2007, October 15, 2007, and November 19, 2007.
Ken Edwards: So moved.
Chairperson Woodhouse: All in favor?
Planning Board Members: Ayes.
Georqe Solomon: I will make a motion to adjourn.
Chairperson Woodhouse: All in favor?
Plannin.q Board Members: Ayes.
Chairperson Woodhouse: We are adjourned. Thank you.
Southold Town Planning Board Page Thirty-Two March 10, 2008
There being no further business to come before the Board, the meeting was adjourned
(no time given).
Respectfully submitted,
Linda Randolph, Transcribing Secretary
~erilyn V~oodhouse, Chairperson
RECEIVED
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~lown Clerk