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HomeMy WebLinkAboutPB-09/22/2008PLANNING BOARD MEMBERS JERILYN B. WOODHOUSE Chair KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON gOSEPH 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 {cot. Main Rd. & Youngs Ave. Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 Present were: SPECIAL MEETING MINUTES September 22, 2008 4:30 p.m. Jerilyn B. Woodhouse, Chairperson Martin H. Sidor, Member George D. Solomon, Member Joseph Townsend, Member Heather Lanza, Planning Director Tamara Sadoo, Planner Kristy Winser, Senior Planner Mark Terry, Principal Planner CONSERVATION SUBDIVISIONS, STANDARD SUBDIVISIONS, RE- SUBDIVISIONS (Lot Line Changes) Final Determinations: Chairperson Woodhouse: I call to order our Special Meeting tonight. We have a number of resolutions that we are going to be adopting; we do not have a public hearing. The first resolution relates to the LIPNManor Grove property, it's related to the Clark's Beach, but it's a separate resolution, and I'll ask Mr. Townsend to please read it. LIPA/Manor Grove - This proposal is for a lot line change to subtract 15,059 sq. ft. from a 19.8-acre parcel, SCTM#1000-53-1.1, and add it to a 6.1-acre parcel, SCTM#1000- 45-1-11. The properties are located on NYS Route 25, w/o Chapel Lane in Greenport. Joe Townsend: WHEREAS, this proposal is for a lot line change to subtract 15,059 sq. ft. from a 19.8-acre parcel, SCTM#1000-53-1.1, and add it to a 6.1-acre parcel, SCTM#1000-45-1-11; and WHEREAS, KeySpan Energy and Manor Grove Corporation are the owners of the properties known and designated as SCTM#1000-45-1-11 and SCTM#1000-53-1-1.1 located on Route 25, west of Chapel Lane in Greenport; and Southold Town Planning Board Page Two September 22, 2008 WHEREAS, on August 13, 2001, the Southold Town Planning Board closed the public hearing for this project; and WHEREAS, on August 13, 2001, the Southold Town Planning Board granted conditional final approval on the surveys prepared by Roy D. Hunt, L.S., of Keyspan Energy Electric Engineering Department, Survey Section, dated March 15, 2000 and last revised December 20, 2000; and WHEREAS, all of the conditions have been met; be it therefore RESOLVED, that the Southold Town Planning Board grant final approval on the surveys prepared by Roy D. Hunt, L.S., of Keyspan Energy Electric Engineering Department, Survey Section, dated March 15, 2000 and last revised December 20, 2000 and stamped as "Received" by the Planning Board on April 3, 2001, and authorize the Chairperson to endorse the final map. Geor.qe Solomon: Second the motion. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: Thank you. Conditional Final Determinations: Clark's Beach - This proposal is for a lot line change to subtract 6.326 acres (275,537 square feet) from a total parcel area of 14.835 acres (646,205 square feet) of SCTM#1000-40-01-23 owned by the Village of Greenport and add that land area to SCTM#1000-40-1-3.1 owned by Suffolk County to be merged into the adjacent Suffolk County park land of Inlet Point Park. The properties are located on CR 48 in Greenport. George Solomon: WHEREAS, this proposal is for a lot line change to subtract 6.326 acres (275,537 square feet) from a total parcel area of 14.835 acres (646,205 square feet) of SCTM#1000-40-01-23 owned by the Village of Greenport and add that land area to SCTM#1000-40-1-3.1 owned by Suffolk County to be merged into the adjacent Suffolk County park land of Inlet Point Park; and WHEREAS, the Southold Town Planning Board has the ability to waive the public hearing for this lot line change pursuant to Southold Town Code {}240-56 for the following reasons: 1. This proposed lot line change is transferring land from one municipality to another for the purposes of parkland preservation from a vacant parcel of land adjacent to pre-existing preserved parkland, and Southold Town Planning Board Page Three September 22, 2008 2. This lot line change has no significant negative environmental effects, and will not make future planning of the affected 3arcels 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; Martin Sidor: Second. Chairperson Woodhouse: All in favor? Ayes. George Solomon: and be it further RESOLVED, that the Southold Town Planning Board hereby grant Conditional Final Approval upon the survey map dated July 16, 2008, prepared by Nathan Taft Corwin Ill, Land Surveyor, subject to the following conditions: §240-57 (D): Each parcel created by re-subdivision shall be shown on a survey prepared by a licensed surveyor and filed in the Office of the Planning Board. Any land being transferred by such re-subdivision shall be deeded to the owner of the property in identical name so the new area merges with the existing parcel and shares therewith a common identification number on a Suffolk County Tax Map. The deed and legal description for any re-subdivided parcel shall be recorded in the Office of the Suffolk County Clerk, and 2. Approval from Suffolk County Department of Health Services, and 3. Re-submission of final maps entitled "Lot Line Change/Re-subdivision for Village of Greenport", and 4. On Lot 2, indicated easement shown as "Proposed Easement." Martin Sidor: Second the motion. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: Thank you. Southold Town Planning Board Page Four September 22, 2008 Conditional Sketch Determinations: Hazel's Woods (T. Smith) - This proposal is to subdivide an 8.46-acre parcel into 5 lots where Lot 1 equals 23,798 sq. ft.; Lot 2 equals 23,133 sq. ft.; Lot 3 equals 23,200 sq. ft.; Lot 4 equals 23,200 sq. ft.; Lot 5 equals 21,993 sq. ft.; and the subdivision open space equals 5.0072 acres in the R-80 Zoning District. The property is located e/o Camp Mineola Road and n/o Private Road in Mattituck. SCTM#1000-123-6-9 & 123-6-23 Chairperson Woodhouse: This has been before the Board several times and we have now a site plan I believe that we are all in agreement on so, Mr. Sidor, would you please read the resolution? Martin Sidor: WHEREAS, this proposal is to subdivide an 8.46-acre parcel into 5 lots where Lot 1 equals 23,798 sq. ft.; Lot 2 equals 23,133 sq. ft.; Lot 3 equals 23,200 sq. ft.; Lot 4 equals 23,200 sq. ft.; Lot 5 equals 21,993 sq. ft. and the subdivision open space equals 5.0072 acres in the R-80 Zoning District; and WHEREAS, an application for sketch approval was submitted on September 17, 2007, including a map prepared by Howard W. Young, Land Surveyor, dated February 8, 2007; and WHEREAS, on July 28, 2008, the applicant submitted a revised sketch plan prepared by Howard W. Young, Land Surveyor, dated February 8, 2007 and last revised on July 14, 2008; be it therefore RESOLVED, that the Southold Town Planning Board grant Conditional Sketch Approval upon the map prepared by Howard W. Young, Land Surveyor, dated February 8, 2007 and last revised on July 14, 2008 with the following conditions: 1. The following items must be indicated on the map submitted for Preliminary Approval: i) Clearing Limits must be identified for each lot and accurately reflected upon the maps (See §240-49(C)). ii) The road serving the 5 lots must be 28' wide in a 50' right-of-way (See §161- 15(A)). Currently a 16' wide road is being shown on the map. iii) A separate map for the lot line change addressing the separate smaller parcel. The lot line change process can take place concurrently with the subdivision process, and 2. A separate Conservation Easement must be drafted for the proposed open space. George Solomon: Second the motion. Chairperson Woodhouse: All in favor? Southold Town Planning Board Page Five September 22, 2008 Ayes. Chairperson Woodhouse: Thank you. SITE PLANS Final Determinations: San Simeon by the Sound - Applicant requests alterations to an existing nursing home facility to include change of room lay-out in existing buildings and additions of stairs, a canopy, a generator, a freezer, and adding two new parking areas for out-patient care area. The property is located on the s/s/o CR 48, approximately 700' e/o Chapel Lane in Greenport. SCTM#1000-45-2-2 Denials: TereskolMcGrath - This proposed lot line change is to move a 71.53 foot by 76 foot parcel from SCTM#1000-109-7-6 to SCTM#1000-109-7-7. The properties are located at 1275 New Suffolk Road, Cutchogue. Joe Townsend: WHEREAS, a proposed lot line change was submitted to the Southold Town Planning Board on November 28, 2001 to move a 71.53 foot by 76 foot parcel from SCTM#1000-109-7-6 to SCTM#1000-109-7-7; and WHEREAS, an area variance for lot width and depth was required from the Zoning Board of Appeals pursuant to Southold Town Code Section 280 Bulk Schedule; and WHEREAS, on May 16, 2002, the Zoning Board of Appeals denied the variance; and WHEREAS, no further action has been undertaken since that date; be it therefore RESOLVED, that the Southold Town Planning Board, denies the above-referenced application for a lot line change authorization. Martin Sidor: Second. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: and that motion carries. Southold Town Planning Board Page Six September 22, 2008 George Solomon: WHEREAS, the applicant, Priscilla DeMasi, submitted an amended site plan application on May 14, 2008 for alterations to an existing nursing home facility to include change of room lay-out in existing buildings and additions of stairs, a canopy, a generator, a freezer and adding two new parking areas for an out-patient care area; and WHEREAS, on June 30, 2008, the Planning Board accepted this application; and WHEREAS, on July 2, 2008, the Planning Board, pursuant to Southold Town Code §280- 131 C., distributed the application to agencies for their comments, and the following agencies responded: Town Engineer, Architectural Review Committee, LWRP Coordinator; Suffolk County Planning Commission, Greenport Fire Commissioners; 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 September 22, 2008, the Southold Town Building Inspector reviewed the plan and certified that the proposed use as an adult day care is a permitted use in the Hamlet Density Zoning District; and WHEREAS, the Southold Town Planning Board, pursuant to Southold Town Code §280- 131 B (5), has the discretion to waive some of or all of the parking requirements for those applications where the change proposed will not have an effect on the public health, safety, or general welfare. The Planning Board has found that the parking for this application may be relaxed for the following reasons: the alterations proposed are not changing the size of the building as the proposed is to alter the configuration of the interior, and the proposed project is providing for sufficient additional parking to serve the new use of adult daycare; and WHEREAS, the Southold Town Planning Board, pursuant to Southold Town Code §280- 131H, as the discretion to waive the public hearing requirement for applications involving modification to existing structures with no substantial change to the existing footprint, and not requiring significant changes to the existing site design features. The Planning Board has found that the public hearing for this application may be waived for the following reasons: this is an existing site that had previously been before the Board for a related site plan application approved on December 23, 1996, the uses on site have not changed; it has been determined that the overall proposal would not have an adverse effect on surrounding properties; and WHEREAS, the Southold Town Planning Board, pursuant to §280-133 C. of the Southold Town Code, has the discretion to waive any or all of the requirements in §280-133 for those applications involving modifications to existing structures with no substantial change to the existing footprint. The Planning Board has found that requiring the entire set of site plan application requirements for this site is not necessary to further the objectives set forth in Town Code §280-129 and maintain public health, safety, and Southold Town Planning Board Page Seven September 22, 2008 welfare for the following reasons: the application is for an amended site plan previously approved by the Board, and the parcel has been used in the same configuration as previously reviewed and approved; be it therefore RESOLVED, that the Southold Town Planning Board, pursuant to State Environmental Quality Review (SEQR) (6 NYCRR, Part 617.5 (c) (3), has determined that the proposed action is a Type II action, and not subject to review under SEQR; Joe Townsend: Second. Chairperson Woodhouse: All in favor? Ayes. George Solomon: and be it further RESOLVED, that the Southold Town Planning Board hereby waive the public hearing requirement and site plan application requirements, except for the following items: §280-133 A. (1), (2), (3), (4), (5); B. (1) (a), (b), (c), (d), (e), (f), (g), (h), 0'), (k); (3)(a),(b),(c partial), (d); (4)(a),(b), (c), (e-partial),(f), (g-partial), (h), and (i); Joe Townsend: Second. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: That motion carries. George Solomon: and be it further RESOLVED, that the Southold Town Planning Board 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 September 15, 2008 memo prepared by the LWRP Coordinator; Joe Townsend: Second. Chairperson Woodhouse: All in favor? Ayes. George Solomon: and be it further RESOLVED, that the Southold Town Planning Board grant approval, and authorize the Chairperson to endorse the site plan entitled "San Simeon by the Sound Inc." prepared by Howard Young, Land Surveyor, dated August 21, 2008. Joe Townsend: Second. Southold Town Planning Board Page Eight September 22, 2008 Chairperson Woodhouse: All in favor? Ayes. Macari Vineyards & Winery, LTD. - This site plan is for additions & alterations to an existing winery on a 5.6-acre parcel in the A-C Zone located at the intersection of Bergen and Sound Avenues, on n/s/o of Sound Avenue in Mattituck. SCTM#1000-121-1-1.3 Martin Sidor: WHEREAS, the applicant's representative, Abigail Wickham, Esq., submitted an amended site plan application on July 31, 2008 for additions and alterations to an existing winery on a 5.6-acre parcel in the A-C Zone located at the intersection of Bergen and Sound Avenues, on the n/s/o Sound Avenue in Mattituck. SCTM#1000-121- 1-1.3; and WHEREAS, on August 11, 2008, the Planning Board accepted this application; and WHEREAS, on August 12, 2008, the Planning Board, pursuant to Southold Town Code {}280-131 C., distributed the application to agencies having jurisdiction for their comments, and the following agencies responded: Town Engineer, Architectural Review Committee, LWRP Coordinator; Suffolk County Planning Commission, Mattituck Fire Commissioners; 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 September 15, 2008, the Southold Town Building Inspector reviewed the plan and certified that the proposed use as a winery is a permitted use in the Agricultural Conservation Zoning 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 applications involving modification to existing structures with no substantial change to the existing footprint, that the modification will not require significant changes to the existing site design features. The Planning Board has found that the public hearing for this application may be waived for the following reasons: this is an existing site that had previously been before the Board for a related site plan application approved on July 19, 1990. The uses on site have not changed; it has been determined that the overall proposal would not have an adverse effect to surrounding properties; and WHEREAS, the Southold Town Planning Board, pursuant to §280-133 C. of the Southold Town Code, has the discretion to waive any or all of the requirements in §280-133 for those applications involving modifications to existing structures with no substantial change to the existing footprint. The Planning Board has found that requiring the entire set of site plan application requirements for this site is not necessary to further the Southold Town Planning Board Page Nine September 22, 2008 objectives set forth in Town Code §280-129 and maintain public health, safety, and welfare for the following reasons: the application is for an amended site plan previously approved by the Board, and the parcel has been used in the same configuration as previously reviewed and approved; be it therefore RESOLVED, that the Southold Town Planning Board, pursuant to State Environmental Quality Review (SEQR) (6 NYCRR, Part 617.5 (c) (3), has determined that the proposed action is a Type II Action, and not subject to review under SEQR; George Solomon: Second the motion. Chairperson Woodhouse: All in favor? Ayes. Martin Sidor: and be it further RESOLVED, that the Southold Town Planning Board hereby waive the public hearing requirement and site plan application requirements, except for the following items: §280-133 A. (1), (2), (3), (4), (5), B. (1) (a), (b), (c), (d), (e), (f), (g), (h), 0'), (k), (3) (a),(b),(c partial), (d), (4)(a),(b), (c), (e-partial),(f), (g-partial), (h), and (i); George Solomon: Second. Chairperson Woodhouse: All in favor? Ayes. Martin Sidor: and be it further RESOLVED, that the Southoid 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 September 15, 2008 memo prepared by the LWRP Coordinator;\ Joe Townsend: Second. Chairperson Woodhouse: All in favor? Ayes. Martin Sidor: and be it further RESOLVED, RESOLVED, that the Southold Town Planning Board grant approval, and authorize the Chairperson to endorse the site plan entitled "Macari Vineyards" prepared by Howard Young, Land Surveyor, dated September 2, 2008. George Solomon: Second the motion. Chairperson Woodhouse: All in favor? Southold Town Planning Board Page Ten September 22, 2008 Ayes. Chairperson Woodhouse: Thank you. Final Extensions: Matt-A-Mar Marina - This amended site plan is for a new boat storage building of 28,480 sq. ft. and a new 2-story office of 6,778 sq. ft. on an 8.5-acre parcel in the M-II Zone located on the w/s/o Wickham Avenue, approximately 210' n/o Freeman Avenue, known as 2255 Wickham Avenue in Mattituck. SCTM#1000-114-3-1 JoeTownsend: WHEREAS, this site plan is for a new boat storage building of 28,480 sq. ft. and a new 2-story office with storage of 5,738 sq. ft. on an 8.5-acre parcel in the M-II Zone located approximately 210' n/o Freeman Avenue, on the w/s/o Wickham Avenue, known as 2255 Wickham Avenue in Mattituck, SCTM#1000-114-3-1; and WHEREAS, Matt-A-Mar Marina, LLC, is the applicant and owner of the 8.5-acre parcel in the M-II Zone located approximately 210' n/o Freeman Avenue, on the w/s/o Wickham Avenue, known as 2255 Wickham Avenue, Mattituck; and WHEREAS, the Southold Town Planning Board granted approval on the site plan prepared by East End Design Associates, LLC. and certified by James J. Deerkoski, Professional Engineer, dated January 18, 2004 and last revised January 9, 2006, and authorized the Chairperson to endorse the approved site plans with the following conditions: The owner, agent and/or applicant shall receive approval from the Suffolk County Department of Health Services for the approved construction and submit such approval to the Southold Town Planning Department for review. If such approval varies from this approved amended site plan, the Planning Board reserves the right to the review of a new and amended site plan application. 2. The site plan approval requires that all work proposed on the plan shall be completed within three (3) years from the date of this resolution. Prior to the request of the Certificate of Occupancy, the owner or authorized agent must request the said Building Inspector and the Planning Board to perform an on-site inspection to find the site improvements are in conformity with the approved site plan. If the as-built site improvements vary from the approved site plan, the Planning Board reserves the right to request a certified as-built site plan detailing all changes. Southold Town Planning Board Page Eleven September 22, 2008 Any changes from the approved site plan shall require Planning Board approval and any such changes without Planning Board will be subject to referral to the Town Attorney's Office for possible legal action. The owner shall submit to the Planning Department for review by the Architectural Review Committee the siding and roof materials for the office prior to construction and installation. 7. The owner shall be subject to all the requirements of the Southold Town Zoning Board of Appeals variance approval under Appeal Number 5494. 8. The owner shall apply for and obtain a Southold Town Road Opening Permit prior to construction of the hydrant. The owner shall be subject to all the requirements of the Southold Town Engineer recommendations noted on the letters dated November 30, 2005 and December 16, 2005. 10.The owner shall be subject to all the requirements of the Southold Town Trustees approval under Permit Number 5844; and WHEREAS, in a letter, dated September 10, 2008, the agent, Patricia Moore, Esq., requested an extension of site plan approval; be it therefore RESOLVED, that the Southold Town Planning Board grant an Extension of Approval on the site plan prepared by East End Design Associates, LLC, and certified by James J. Deerkoski, Professional Engineer, dated January 18, 2004, and last revised January 9, 2006, from February 9, 2009 to August 9, 2009. George Solomon: Second the motion. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: And that motion carries. This concludes the business of our Special Meeting tonight. We will resume with our work session. Southold Town Planning Board Page Twelve September 22, 2008 George So omon Do we need a motion to adjourn? Chairperson Woodhouse: No; there are no public hearings. Respectfully submitted, Linda Randolph, T ~,.~erilyn B'VVoodhouse, Chairperson RECEIVED ©Ci ~: 9