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HomeMy WebLinkAboutPB-11/17/2008PLANNING BOARD MEMBERS JERILYN B. WOODHOUSE Chair KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON JOSEPH L. TOWNSEND PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 Present were: PUBLIC MEETING MINUTES Monday, November 17, 2008 6:00 p.m. Jerilyn B. Woodhouse, Chairperson George D. Solomon, Member Kenneth L Edwards, Member Martin H. Sidor, Member Joseph L Townsend, Member Heather Lanza, Planning Director Mark Terry, Principal Planner Kristy Winser, Senior Planner Tamara Sadoo, Planner Carol Kalin, Secretary SETTING OF THE NEXT PLANNING BOARD MEETING Chairperson Woodhouse: Good evening, and welcome to the November 17th Meeting of the Southold Town Planning Board. For our first order of business, I will entertain the motion to set Monday, December 8, 2008 at 6:00 p.m. here at Town Hall as the time and place for the next regular Planning Board Meeting. Ken Edwards: So moved. Martin Sidor: Second. Chairperson Woodhouse: All in favor? Ayes. Southold Town Planning Board Page Two November 17, 2008 PUBLIC HEARINGS Chairperson Woodhouse: Tonight we have two public hearings scheduled. There is an opportunity for the public to address the Board. There are two podiums to come up to. We ask if you want to address the Board that you do so, and print your name legibly on the paper that's provided so that we have a good record of who you are when you speak to us. 6:00 p.m. - Onufrak, Peter & Gloria - 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 Covenants and Restrictions. The property is located on the n/elc/o CR 48 and Mary's Road in Mattituck. SCTM#1000-114-5-1 Chairperson Woodhouse: Is there anyone here who would like to speak on behalf of this application. Gall Wickham: Good evening. I represent the Onufraks. They are also here if you have any questions regarding this application. I think in terms of the Planning Board aspect, we have been through it quite thoroughly, defined the open space and the parameters of that usage, defined a 75' buffer area, and recently clarified the restrictions on that area as well. We have had an application pending at the Health Department from the inception and expected it would be cleared up by now. All of the criteria have been met with the exception of filing of Standard Covenants. The Health Department requires that any mortgagees or any persons or companies holding a mortgage on the property consent and they are usually fairly pro forma. However, in this day and age, with what's going on in the mortgage industry, we have encountered an unanticipated delay. The mortgage was held by Lehman Bros. We wrote to them, it's been now transferred over to Citigroup. We have written to them numerous times trying to get in touch with their legal department because they don't seem to have a phone number. But we are in communication with them and attempting to get just a very simple consent to the Health Department Covenant so that we can go through the pro forma of signing the final Covenants with the Health Department in getting the notations on the map and getting them to you for signature. Chairperson Woodhouse: Thank you. Is there anyone else who wants to address the Board on this application? I will entertain a motion to close the hearing. Ken Edwards: So moved. Joe Townsend: Second. Southold Town Planning Board Page Three November 17, 2008 Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: That motion carries. 6:05 p.m. - Hudson Ci~ Savings Bank Plaza - This site plan is for the proposed construction of two buildings totaling 13,227 sq. ft., where one proposed two-story building is 9,500 sq. ft. of office space and the other proposed one-story building is 3,241 sq. ft. for a bank use with 65 proposed parking spaces on a 1.931 acre split- zoned parcel in the General Business and Residential-40 Zoning Districts located approximately 509' e/o Bay Avenue, on the s/s/o NYS Road 25 in Mattituck. New SCTM#1000-122-3-17.1 (formerly known as SCTM#1000-122-3-1.2, 2, 5.1 & 17) Chairperson Woodhouse: Is there anyone who would like to address the Board on this application? Daniel Mooney: I live in East Marion and I work in Mattituck and I represent the applicant. It's great to finally be here at a public hearing. As you may know, the Zoning Board of Appeals granted variances for this project on October 30, 2007, and this Board approved the SEQRA on October 21 of 2008. Based upon those two occurrences, we now have applications we are working on with the Health Department. When we'd gone over the proposal with them, generally we had to have (inaudible) on the existing cesspool before they could be demolished. That was done by H2M a week ago tomorrow and we should have the results by next week and then we can proceed to the Health Department to get our final approvals with them. With respect to the DOT, we have discussed the project with them and we met on site I think with some of your staff as well. Originally we had planned for a one-story office building and DOT asked us to move the driveway so that it would be directly opposite to Pacific Street, and we've done that. So, they're basically on board with us; we do not have the final approvals from the Health Department or from the DOT. We do have the variances that we requested from the Zoning Board of Appeals and a Negative Declaration from this Board (inaudible) SEQRA. I believe previously we showed you the site plan which Chairperson Woodhouse: We did look at that tonight. We have looked at all of that information. Joe Townsend: Actually, for the public you might want to turn that around. Chairperson Woodhouse: You need to speak into the microphone. Southold Town Planning Board Page Four November 17, 2008 Daniel Mooney: The plan basically has 65 parking places, 3 of which are land banked in the rear next to the residential parcel. We had previously agreed and the Zoning Board of Appeals granted the variance that we would erect a six foot stockade fence along the residential parcel on the n/s/o John's Road which is owned by Stephanie Ruggles and Mr. Beasley. The length of that fence will be determined by the owners of that property: they are not sure how far if they want it to go all the way to John's Road or just part of the way, but we've agreed to put that up as well. The parking area on the residential parcel will be blue stone and not paved, except for the two handicapped spots on that parcel to the west. They will be paved just to allow ingress and egress. We have a lighting plan which I believe conforms to the specs that we have with the Planning Board and all the (inaudible) under the lights should go over the property line and in fact if you look, most of the lights are at least 40' with two exceptions which are 25' from the residential properties. The rest are 45' or 50' from John's Road itself on the lighting plan. We are agreeable to the Planning Board setting the parameters for the time the lights would go on and off in the evening with the exception of (inaudible) which NYS law requires that it be on from dawn to dusk. As you may recall, we moved the drive-through and the ATM from the south side of the original bank building to the east side so that it would not impact at all on the residential area if at all possible. The planting scheme provides that we will keep most of the larger trees along John's Road and some on the easterly side of the project next to the residential area. We have agreed to place some 542 trees and shrubs around the parcel on the planting schedule, so that should be sufficient. Previously we had shown you, and I resubmit them again, artistic renderings of the two buildings which are not exact because we changed the office building. If you may recall, at one time it was a 10,000 sq. ft. building; we reduced it to 9,500 sq. ft. in order to have medical offices to be able to be used as you needed (inaudible) septic system. We also have the elevations of the building which we had submitted to you previously, and if you wish we can submit them again at this public hearing if anybody has any questions with respect to them. The office building changed a little bit because the size has changed (inaudible) how it was before. Chairperson Woodhouse: Thank you. Is there anyone else who would like to address the Board on this application? Stephanie Beasley: I am not quite sure exactly what to say; it seems you're very far along in this project here, but I'm not quite sure why you want the drive-through building of the bank to sit right next to the residential property instead of maybe flip-flopping them so that the office building is the one that's next to the residential property. I know you're far along in this, but instead of having cars waiting in line along our property with the cars running, I don't know, it just seems that it might be a good idea, maybe not. Also, the plan out there doesn't have the correct name, it has the previous owner as Lucas and that's not been corrected, it's Beasley: both Kevin and Stephanie. As long as everything progresses like you said with the lighting and shrubs. It breaks my heart Southold Town Planning Board Page Five November 17, 2008 for this to be in my back yard. He's doing the best he can for what it is, and I do appreciate that. But I just, I don't like it. I know if anyone else was living in my house that they might feel the same way. That's all. Thank you. Chairperson Woodhouse: Thank you for sharing your comments with us. Is there anyone else who would like to address the Board? I'm going to entertain a motion to close the hearing at this time. Joe Townsend: So moved. Ken Edwards: Second. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: The motion carries. CONSERVATION SUBDIVISIONS, STANDARD SUBDIVISIONS, RE- SUBDIVISIONS (Lot Line Changes) Setting of Final Hearings: Scott, John - This is a standard subdivision proposing 3 lots on a 6.5539-acre parcel with a 3 lot yield in the R-80 Zone. Proposed Lot 1 would be 80,000 sq. ft. (this excludes 52 sq. ft. of wetlands); Proposed Lot 2 would be 80,010 sq. ft. (this excludes 26,235 sq. ft. of wetlands) and Proposed Lot 3 would be 82,932 sq. ft. (this excludes 16,314 sq. ft. of wetlands). 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 Ken Edwards: I will offer the following resolution: 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, L.S., dated April 13, 2005 and last revised on December 11, 2005; and Southold Town Planning Board Page Six November 17, 2008 WHEREAS, on September 11,2006 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 WHEREAS, June 10, 2008 the Southold Town Planning Board granted Conditional Preliminary Plat Approval upon the map prepared by Howard Young, L.S., dated June 1, 2005 and last revised on September 10, 2007; and WHEREAS, all conditions have been met; be it therefore RESOLVED, that the Southold Town Planning Board set Monday, December 8, 2008 at 6:00 p.m. for a final public hearing on the Final Plat prepared by Howard W. Young, L.S., dated June 1,2005 and last revised September 10, 2007. Martin Sidor: Second. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: That motion carries. Setting of Preliminary Hearings: Adipietro, Robert - This application is for a standard subdivision of a 2.038-acre parcel into three lots where Lot I equals 20,229 sq. ft., Lot 2 equals 29,817 sq. ft. and Lot 3 equals 29,291 sq. ft. in the HB Zoning District. The property is located on the e/s/o Peconic Lane approx. 333 ft. s/o County Road 48 in Peconic. SCTM#1000-74-3-16 Joe Townsend: RESOLVED, that the Southold Town Planning Board set Monday, December 8, 2008 at 6:05 p.m. for a preliminary public hearing at the Southold Town Hall on the plat prepared by Peconic Surveyors, P.C. dated September 8, 2007, and last revised July 8, 2008. Ken Edwards: Second. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: And that motion carries. Thank you. Southold Town Planning Board Page Seven November 17, 2008 Sketch Determinations: Zuckerber.q, Lloyd - This proposal is for an 80/60 clustered conservation subdivision on 32.83 acres of land where Lot 1 equals 65,562 sq. ft., Lot 2 equals 77,694 sq. ft., and Lot 3 equals 29.5416 acres, and is proposed to be preserved through a sale of Development Rights to the Town of Southold. The property is located on the s/w corner of Wells Road and State Route 25 in Peconic. SCTM#1000-86-1-10.9 Martin Sidor: WHEREAS, this proposal is for an 80/60 clustered conservation subdivision on 32.83 acres of land; Lot 1 equals 65,562 sq. ft., Lot 2 equals 77,694 sq. ft., and Lot 3 equals 29.5416 acres and is proposed to be preserved through a Sale of Development Rights to the Town of Southold; and WHEREAS, an application for sketch approval was submitted on October 1, 2008, including the sketch plan prepared by Howard W. Young, L.S., dated August 1 2008; and WHEREAS, on November 3, 2008, the Southold Town Planning Board recommended that a common access driveway for residential Lots 1 and 2 from Wells Road be located along the southern border of the parcel adjacent to an existing driveway from a neighboring residential lot to the south, so as to comply with §240-45(C) and (D); and WHEREAS, the Southold Town Planning Board further recommended that a buffer be created via a berm with landscaping or solely with landscaping along the southern side of the common access driveway and the northern boundary of residential Lots 1 and 2 bordering the farm field so as to minimize wind, dust, noise and possible run-off from the farm, as well as to maintain the existing trees along the eastern boundary of residential Lots 1 and 2 on Wells Road in compliance with §240-49(I) and when those existing trees naturally expire, they shall be replaced with street trees and/or landscaping as required by Southold Town Code; and WHEREAS, on November 3, 2008, the Southold Town Planning Board, acting under the State Environmental Quality Review Act pursuant to 6 NYCRR Part 617, Section 617.7, determined that this is an Unlisted Action requiring an uncoordinated review; 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, based upon an uncoordinated review of this Unlisted Action, establish itself as lead agency and, as lead agency, make a determination of non-significance and grant a Negative Declaration; Southold Town Planning Board Page Eight November 17, 2008 Ken Edwards: Second. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: That motion carries. Martin Sidor: and be it further RESOLVED, that the Southold Town Planning Board 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 November 12, 2008 memo prepared by the LWRP Coordinator; Ken Edwards: Second. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: The motion carries unanimously. Martin Sidor: and be it further RESOLVED, that the Southold Town Planning Board hereby grant sketch approval on the map prepared by Howard W. Young, L.S. dated August 1, 2008. Joe Townsend: Second. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: The motion carries. Southold Town Planning Board Page Nine November 17, 2008 CONSERVATION SUBDIVISIONS, STANDARD SUBDIVISIONS, RE- SUBDIVISIONS (Lot Line Changes) - STATE ENVIRONMENTAL QUALITY REVIEW ACT Lead Agency Coordination: Torell, Arthur- This lot line change will reduce Parcel 1 (SCTM#1000-33-2-10) by 2,430 sq. ft. in order to create as far a setback as possible for the proposed dwelling from the wetlands. Parcel 1 existing area size is 21,458 sq. ft., and after the lot line modification it will be 19,028 sq. ft. Parcel 2 (SCTM#1000-33-2-11) will increase in size after the lot line modification from 24,756 sq. ft. to 27,186 sq. ft. These parcels are located in the R-40 Zone. The property is located on Westwood Lane, 300 feet n/o Homestead Way in Greenport. Ken Edwards: I will offer the following resolution: WHEREAS, this lot line change will reduce Parcel 1 (SCTM#1000-33-2-10) by 2,430 sq. ft. in order to create as far a setback as possible for the proposed dwelling from the wetlands; Parcel 1 existing area size is 21,458 sq. ft., and after the lot line modification, it will be 19,028 sq. ft.; Parcel 2 (SCTM#1000-33-2-11) will increase in size after the lot line modification from 24,756 sq. ft. to 27,186 sq. ft. These pamels are located in the R-40 Zone; and WHEREAS, on August 7, 2008, the Town of Southold Zoning Board of Appeals granted a variance for the proposed action on the survey prepared by Peconic Surveyors, dated April 30, 2008, subject to the following conditions: 1. The use of synthetic herbicides, pesticides and fertilizers is prohibited. 2. The establishment of a 25' non-disturbance, vegetated buffer from the wetland line, landward on SCTM# 33.-2-11; and WHEREAS, an application and fee for sketch approval was submitted to the Planning Board on September 25, 2008; therefore, be it 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, initiate the SEQR lead agency coordination process for this Unlisted Action, Joe Townsend: Second. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: And that motion carries. Southold Town Planning Board Page Ten November 17, 2008 CONSERVATION SUBDIVISIONS, STANDARD SUBDIVISIONS, RE- SUBDIVISIONS (Lot Line Changes) Final Extensions: Hellenic Restaurant - This amended site plan is for an addition to the existing restaurant of 250 seats on 1.519-acre parcel in the LB Zone located approximately 532' w/o Shipyard Lane on the n/s/o NYS Road 25 in East Marion. SCTM#1000-35-2-14 Chairperson Woodhouse: WHEREAS, the applicant proposed an amended site plan for an addition to the existing restaurant to 250 seats on a 1.519 acre parcel in the LB Zone located on the n/s/o State Road 25, approximately 532' w/o Shipyard Lane in East Marion. SCTM# 1000-35-2-14; and WHEREAS, Hellenic Land, LLC, is the owner of the property; and WHEREAS, on September 12, 2005, the Southold Town Planning Board granted final approval on the site plan prepared by Young and Young, dated October 12, 2004, and last revised September 6, 2005 and authorized the Chairperson to endorse the final site plans subject to a one year review from the date of issuance of the building permit; and WHEREAS, on November 7, 2008, the applicant requested, in writing, an extension of the final approval granted on September 12, 2005; be it therefore RESOLVED, that the Southold Town Planning Board hereby grants a six-month extension retro-active from September 12, 2008 to March 12, 2009 of the final approval on the site plan prepared by Young and Young, dated October 12, 2004, and last revised September 6, 2005. Joe Townsend: Second. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: That motion carries. Chairperson Woodhouse: If no other business, I will entertain a motion to adjourn. Joe Townsend: So moved. Southold Town Planning Board Page Eleven November 17, 2008 Ken Edwards: Second. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: We are adjourned. Thank you very much. There being no further business to come before the meeting, it was adjourned at (no time given) '[ind~ Randolpl~, -I~anscribir~g Secretary ~,~/?~eriiyn ~'Woodhouse, Chairperson