HomeMy WebLinkAboutPB-01/12/2009PI~,NNING BOARD MEMBERS
JERILYN IL WO()I)HOUSE
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
MAIIJNG 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
PUBLIC MEETING MINUTES
Present were:
Monday, January 12, 2009
6:00 p.m.
Jerilyn B. Woodhouse, Chairperson
Kenneth L. Edwards, Member
Martin H. Sidor, Member
George D. Solomon, 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 January 12th meeting of the
Planning Board. For our first order of business, I will entertain a motion to set Monday,
February 9th 2009 at 6:00 p.m. at Town Hall here as time and place for the next regular
Planning Board Meeting.
Ken Edwards: So moved.
Geor.qe Solomon: Second.
Chairperson Woodhouse: All in favor?
Ayes.
Chairperson Woodhouse: Motion carries.
Southold Town Planning Board PaRe Two January 12, 2009
Chairperson Woodhouse: If you are here to speak to any of the applications tonight,
there are two podiums here: there is paper and pen for you to sign your name. If you
would print carefully, that will help with the transcribing. Anyone is welcome to come
and give your comments when it is time for you to speak to an application.
PUBLIC HEARINGS
Hearings Held Over From Previous Meetings:
Adipietro, Robert - This is a proposed standard subdivision of a 2.038-acre parcel into
three lots, where Lot 1 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.
Chairperson Woodhouse: Is there anyone here who would like to speak on behalf of
this application?
Patricia Moore: Thank you. I am the attorney for Mr. Adipietro. He is here tonight as
well. As I promised we did have a work session prior to this meeting and we did come
to certain agreements. But for the purposes of completing a record, I did prepare a
memo to the Board which identified certain points that were raised at the public hearing.
Very briefly, I will identify the points that I have written for you so therefore it doesn't
require me to read it into the record, it will be made part of your record. In particular, I
want to point out that Mr. Adipietro's house is a historic house; it is known as the Case
House, and I gave you a copy of the photograph that appeare routinely through the
periodicals and documents that the Town sometimes cireulates. I gave you the
photograph here which shows up on two books that Rosalind Case Newell wrote, and I
gave you the front pages so you could see that these are two published books that talk
about this historic house. Also, this house appeared in tricentennial publications, so
you can see that it is a house that it is important to Mr. Adipietre and I believe important
to the community to have it retain its character. That is Exhibit A & B in the written
documentation. I also would point out Exhibit C which is where the neighbore who
raised all or most of the objections at the last public hearing, Lee and Marie Beninati.
They appeared before the Zoning Board in commentary, the written documentation,
they asserted that their hedge was an adequate buffer with respect to seeking
variances from the Zoning Code, so we equally believe that the existing buffer is
adequate, but we again have come to certain agreements and I'll get to that as I
proceed. Exhibit B: I have attached what would be the individual lots, subdivision,
excuse me, Metzgers maps which shows the two flag lots as they are proposed to be
developed. Finally, Exhibit E: there were some really nasty comments that were made
at the public hearing last time. It's not going to be a tit for tat; however, I do want to
point out that Mr. Adipietro has lived on Peconic Lane since 1970. He has historically
developed different properties; I have given you a photograph as a property part of
each of those properties and you can see that each of them today still holds up pretty
Southold Town Plannin.q Board Pa.qe Three January 12, 2009
well after he had, he took it upon himself to do the renovations of each of these
properties. We have one piece which is a commercial property: that would be the Tax
Lot 75-5 Lot 9. We also have the commercial property there that is the antique store;
he renovated that and it was in very poor condition at the time and he invested in the
community on Peconic Lane and renovated that structure. And then finally the house
that appears at 7457. That was a home where he lived; it didn't need quite as much
renovation as the other two commercial properties, but that, too, was his property and
he renovated. So he has a long history on Peconic Lane, and he has dedicated the last
30 years to improvements on Peconic Lane. So, the comments regarding his condition
of the house as it is today: I would point out that he has obtained permits all along the
way; he has building permits that are open and still current, he has a permit for the
temporary structure or housing that he has while the house is being renovated to be
able to live in. He was painted as a slumlord, and I think that was really an unfortunate
description for someone who has committed a great deal of time on Peconic Lane.
That being said, I did write up some legal arguments that I wish to put on the record.
But I think we've gone beyond that at this point after the work session. At the work
session, the issue of the adequacy of that driveway, depending on the number of
accessory apartments that might be possible in the residential homes in the lots in the
back. Mr. Adipietro has always maintained and he continues to maintain that he wants
to build a house with one accessory apartment. And he is willing to place a covenant to
that effect. At that point, I believe that the Board felt comfortable that the shared
driveway is certainly adequate for a house and an accessory apartment and would not
present a detriment to the adjacent residentially used dwelling of the Beninatis. That
being said, we will propose some covenant languages for your review and, if it is
acceptable, hopefully we can get the approval at the next public hearing. Secondly,
another request that was made as to the proposed driveway, to extend the fence that is
currently along the back end of the property. He does intend to continue that fence as
far as zoning would allow towards the street. I believe that it's a six foot fence and a six
foot fence can't be beyond a front yard setback with a certain distance without reducing
it down to a four foot fence. So, whatever the code would allow, he does intend to carry
that fence. Another Board member had asked if it would be possible to plant some
shrubs, some greens on his side of the fence and he is prepared to do that as well to
keep the residential look for himself as well. As long as we maintain clearance for the
common driveway; we don't want to plant shrubs that are going to scratch or interfere
with the access. Some green space to be determined, I guess. All of these
concessions are things that he has agreed to and we will then keep the driveway as it is
presently proposed. The curb cut is where it should be, except that we will make sure
that the apron is modified to make it acceptable to the Town Engineer, which would
probably require the reconstruction of the sidewalk portion of the apron. So I believe
that for the most part addresses the comments and concerns that were raised both at
the work session and at the public hearing. I'd be happy to entertain any other
questions that you might have; and if that's acceptable to the Board then I'd ask that we
close the public hearing and you approve the application that's been submitted to you.
Carol Kalin: Do you have a copy of the packet?
Southold Town Plannin.q Board Page Four January 121 2009
Pat Moore: Yes, actually the Chairman copied the color one for the file.
Carol Kalin: Thank you.
Chairperson Woodhouse: Are thero any questions or comments? Hearing none, I am
going to entertain a motion to close the hearing.
Joe Townsend: So moved.
Martin Sidor: Second.
Chairperson Woodhouse: All in favor?
Ayes.
Chairperson Woodhouse: That motion carrries, and that hearing is closed.
CONSERVATION SUBDIVISIONS, STANDARD SUBDIVISIONS, RE-
SUBDIVISIONS (Lot Line Changes)
Final Determinations:
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 east side of Wells Road and
the south side of Main Road, east of 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
WHEREAS, the Southold Town Planning Board started the SEQR lead agency
coordination process for this unlisted action on February 14, 2006; and
Southold Town Planning Board Page Five January 12, 2009
WHEREAS, on March 27, 2006, the New York State Department of Environmental
Conservation issued an Article 25 Tidal Wetlands Permit for the proposed action; and
WHEREAS, in response to the Planning Board's concerns regarding the project's potential
environmental impacts, on June 7, 2006, the applicant submitted a revised Existing Resources
and Site Analysis Plan (ERSAP) in addition to a Visual Impact Analysis; and
WHEREAS, on September 12, 2006, the Southold Town Planning Board accepted the
Existing Resources and Site Analysis Plan prepared by Howard W. Young, L.S., dated
April 13, 2005 and last revised on April 21, 2006, pursuant to Section 240-10(A) of the
Southold Town Code; and
WHEREAS, on September 12, 2006, the Southold Town Planning Board accepted the
yield of three (3) lots and finds that the Yield Map requirement pursuant to Section 240-
10(B) of the Southold Town Code has been satisfied by the sketch plan prepared by
Howard W. Young, L.S., dated June 1, 2005 and last revised December 11, 2005,
which shows three conforming lots excluding areas of unbuildable lands; and
WHEREAS, on September 12, 2006, the Southold Town Planning Board granted
Conditional Sketch Approval upon the map prepared by Howard W. Young, L.S., dated
June 1, 2005 and last revised December 11, 2005; and
WHEREAS, on September 22, 2006, the Suffolk County Water Authority issued a
"Letter of Water Availability" for the action; and
WHEREAS, on December 12, 2006, the Southold Town Board of Trustees issued a
"Letter of Non-Jurisdiction" for the proposed action; and
WHEREAS, at their Work Session on January 16, 2007, the Southold Town Planning Board
and the applicant agreed to a number of conditions on the subdivision to mitigate the potential
impacts to the wetlands as well as the scenic vista, including increasing the side yard setback
on Lot 3, establishing a 75'-wide non-turf buffer and a 50'-wide non-disturbance buffer,
proposing planting clusters along Wells Road and staking the building envelopes; and
WHEREAS, on April 10, 2007, pursuant to Section 240-42C of the Town Code, the Planning
Board waived its right to cluster the lots on a parcel under seven (7) acres in size based upon
an inspection of the subject property and in consideration of the information contained on the
Existing Resources and Site Analysis Plan (ERSAP); and
WHEREAS, on April 10, 2007, the Southold Town Planning Board issued a Negative
Declaration for the action pursuant to 6 NYCRR Part 617, Section 617.7; and
WHEREAS, on November 30, 2007, the Suffolk County Department of Health Services
issued approval of the action; and
Southold Town Planning Board PaRe Six January 12, 2009
WHEREAS, on April 28, 2008, the Southold Town Planning Board determined that, as
the parcel is not located within the "circles and squares" map, Submission ora Phase
Archaeological Survey outlined in the Conditional Sketch Approval is hereby waived;
and
WHEREAS, on June 9, 2008, the Southold Town Planning Board reviewed the
proposed action under the policies of the Town of Southold Local Waterfront
Revitalization Program and determined that the action is consistent; and
WHEREAS, on May 5, 2008, an application and fee for preliminary plat approval was
submitted, including the preliminary plat prepared by Howard Young, L.S., dated
January 11, 2007 and last revised September 10, 2007; and
WHEREAS, on June 9, 2008, the Southold Town Planning Board granted Conditional
Preliminary Plat Approval upon the map prepared by Howard Young, L.S., dated
January 11, 2007 and last revised on September 10, 2007; and
WHEREAS, all conditions have been met; and
WHEREAS, on October 29, 2008, Covenants and Restrictions for the above-referenced
property were formally adopted by the applicant John Scott and agreed upon by the
Planning Board; and
WHEREAS, on October 29, 2008, an aerial map referencing tree type by species and
location of trees to remain upon the property was formally adopted by the applicant and
agreed upon by the Planning Board; and
WHEREAS, a public hearing was held on December 8, 2008; be it therefore
RESOLVED, that the Southold Town Planning Board has received a copy of the
recorded Declaration of Covenants and Restrictions dated November 3, 2008, under
Liber D00012570 and Page 644 with the County Clerk's Office, Suffolk County;
Joe Townsend: Second.
Chairperson Woodhouse: All in favor?
Ayes.
Chairperson Woodhouse: That motion carrries.
Ken Edwards: and be it further RESOLVED, that the Southold Town Planning Board
hereby grant Final Approval upon the map prepared by Howard Young, L.S., dated
January 11, 2007 and last revised on September 10, 2007 and authorize the
Chairperson to endorse the maps.
Southold Town Planninq Board Page Seven January 12, 2009
George Solomon: Second the motion.
Chairperson Woodhouse: All in favor?
Ayes,
Chairperson Woodhouse: That motion carrries. Thank you.
Foaartv/DeDot Enterprises - This proposal is for a lot line change that will transfer
1,720 sq. ft. from Parcel 1 (SCTM#1000-102-2-12.1) to Parcel 2 (SCTM#1000-102-2-
10) where, following the transfer, Parcel 1 will equal 67,346 sq. ft. and Parcel 2 will
equal 12,709 sq. ft. The property is located on the n/s/o Main Road and the e/s/o Depot
Lane in Cutchogue.
Joe Townsend: WHEREAS, this proposal is for a lot line change that will transfer 1,720
square feet from Parcel 1 (SCTM#1000-100-2-12.1) to Parcel 2 (SCTM#1000-102-2-
10) where, following the transfer, Parcel I will equal 67,346 square feet and Parcel 2
will equal 12,709 square feet; and
WHEREAS, an application for a lot line change was submitted on March 30, 2006; and
WHEREAS, the Southold Town Planning Board granted conditional final approval on
the survey prepared by Joseph A. Ingegno, L.S., dated January 19, 2005, subject to the
following condition:
The f/ling of new deeds with the Office of Suffolk County Clerk pertaining to the
lot line change and, upon filing, submission of a copy each to this office; and
WHEREAS, a copy of the new deeds filed with the Office of the Suffolk County Clerk
pertaining to this lot line change were submitted to this office on January 2, 2009; be it
therefore
RESOLVED, that the Southold Town Planning Board hereby grant Final Approval on
the survey prepared by Joseph A. Ingegno, L.S., dated January 19, 2005.
Ken Edwards: Second the motion.
Chairperson Woodhouse: All in favor?
Ayes.
Chairperson Woodhouse: That motion carrries.
Southold Town Planning Board Page Eight January 12, 2009
Conditional Final Determinations:
Nadherney, Thomas & Patricia - This proposed lot line change is to accommodate a
side yard set-back requirement of 15 feet for the R-40 Zone. The existing house on
SCTM#1000-70-5-34 sits on the property line of the adjacent parcel: SCTM#1000-70-5-
35. Both lots are owned by the Nadherneys. In order to accommodate a requested
second floor addition on the existing house, the ZBA has granted a side yard setback
variance conditioned upon Planning Board approval of a lot line change which would
create a 9 foot side yard set-back for the eastern side yard of SCTM#1000-70-5-34.
Both lots would remain conforming in overall lot size for the R-40 Zone. The property is
located at 125 Pine Neck Road, Southold, 1,175 feet west of Oaklawn Avenue.
George Solomon: WHEREAS, this proposal is for a lot line change to accommodate a
side yard set-back requirement of 15' for the R-40 Zone. The existing house on SCTM
#1000-70-5-34 sits on the property line of the adjacent parcel, SCTM#1000-70-5-35;
and
WHEREAS, both lots are owned by the Nadherneys; and
WHEREAS, to accommodate a requested second floor addition on the existing house,
the ZBA granted a side yard set-back variance conditioned upon Planning Board
approval of a lot line change which would create a 9 foot side yard set-back for the
eastern side yard of SCTM#1000-70-5-34. Both lots would remain conforming in overall
lot size for the R-40 Zone; 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;
Joe Townsend: Second the motion.
Chairperson Woodhouse: All in favor?
Ayes.
Chairperson Woodhouse: That motion carrries.
George Solomon: and be it further RESOLVED, that the Southold Town Planning
Board hereby waive the public hearing for this project for the following reasons:
1. No new lots are being created;
2. The existing character of the neighborhood will not be altered;
3. Current and future community planning will not be affected;
Southold Town Planning Board Page Nine January 12, 2009
Martin Sidor: Second.
Chairperson Woodhouse: All in favor?
Ayes.
Chairperson Woodhouse: That motion carrries.
George Solomon: and be it further RESOLVED, that the Southold Town Planning
Board grant conditional final approval on the surveys prepared by John T. Metzger,
Land Surveyor, dated January 3, 2007 and last revised on October 28, 2008, subject to
the following condition:
The filing of new deeds with the Office of the Suffolk County Clerk pertaining to
the lot line change and, upon filing, submission of a copy to this office.
Ken Edwards: Second the motion.
Chairperson Woodhouse: All in favor?
Ayes.
Chairperson Woodhouse: That motion carrries unanimously.
Setting of Final Hearings:
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 from which the Development Rights to 21.22 acres have been
purchased by The County of Suffolk for the purpose of farmland preservation. The
property is located on s/s/o NYS Route 25 and the n/s/o Leslie's Road, approximately
1,500 feet e/o Bay Avenue in Peconic. SCTM#'s 1000-97-10-1, 85-3-12.1 & 12.2
Martin Sidor: 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 from which the Development Rights to 21.22 acres have been
purchased by The County of Suffolk for the purpose of farmland preservation; 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
Southold Town Planning Board Pa,qe Ten January 12, 2009
WHEREAS, on October 16, 2007, the Southold Town Planning Board granted
conditional sketch approval upon the sketch plan prepared by John C. Ehlers, L.S.,
dated May 23, 1997 and last revised on April 16, 2007; and
WHEREAS, on March 11, 2008, the Southold Town Planning Board granted an
extension of Conditional Sketch Approval upon the sketch plan prepared by John C.
Ehlers, L.S., dated May 23, 1997 and last revised on April 16, 2007, from November 19,
2007 to May 19, 2008; and
WHEREAS, all conditions have been met; be it therefore
RESOLVED, that the Southold Town Planning Board set Monday, February 9, 2009 at
6:05 p.m. for a final public hearing on the Final Plat prepared by John C. Ehlers, L.S.,
dated May 23, 1997 and last revised on April 16, 2007.
George Solomon: Second the motion.
Chairperson Woodhouse: All in favor?
Ayes.
Chairperson Woodhouse: That motion carrries.
********************************
Ghassemi, Sy & Catherine - This proposal is for a Conservation Subdivision of
31.0137 acres into four lots where Lot 1 equals 25.7355 acres, from which the
Development Rights are proposed to be sold to Suffolk County for the purpose of
farmland preservation, Lot 2 equals 2.379 acres, Lot 3 equals 2.6488 acres and Lot 4
equals 1 acre, in the R-80 Zoning District. The property is located on the n/s/o NYS
Route 25, approx. 831 feet w/o Rocky Point Road in East Marion. SCTM#1000-31-1-1
Ken Edwards: I will offer the following resolution: WHEREAS, this proposal is for a
Conservation Subdivision to subdivide 31.0137 acres into four lots where Lot 1 equals
25.7355 acres, from which the Development Rights are proposed to be sold to Suffolk
County for the purpose of farmland preservation, Lot 2 equals 2.379 acres, Lot 3 equals
2.6488 acres and Lot 4 equals 1 acre, in the R-80 Zoning District; and
WHEREAS, an application for sketch approval was submitted on June 30, 2006,
including the sketch plan prepared by John T. Metzger, L.S., dated April 21, 2005; and
WHEREAS, on November 3, 2006, the applicant submitted a revised sketch plan
prepared by John T. Metzger, L.S., dated April 21, 2005 and last revised on August 28,
2006; and
Southold Town Planning Board PaRe Eleven January 12, 2009
WHEREAS, on February 12, 2007, the Southold Town Planning Board granted
Conditional Sketch Approval upon the map prepared by John T. Metzger, L.S., dated
April 21, 2005 and last revised on August 28, 2006; and
WHEREAS, on August 12, 2008, the Southold Town Planning Board granted a retro-
active extension of Conditional Sketch Approval upon the map prepared by John T.
Metzger, L.S. dated April 21, 2005 and last revised on August 28, 2006; and
WHEREAS, all conditions have been met; be it therefore
RESOLVED, that the Southold Town Planning Board set Monday, February 9, 2009 at
6:00 p.m. for the final public hearing on the Final Plat prepared by John T. Metzger,
L.S., dated April 21, 2005 and last revised on August 28, 2006.
Joe Townsend: Second the motion.
Chairperson Woodhouse: All in favor?
Ayes.
Chairperson Woodhouse: That motion carrries.
Sketch Determinations:
Peconic Land Trust, Oregon Road - This is a proposed conservation subdivision of a
12.5056-acre farm into two lots. Lot 1 will total 2.5056 acres with an existing residence
and with the Development Rights to remain intact. Lot 2 will total 10 acres from which
The Town of Southold purchased the Development Rights in March 2007 for the
purpose of farmland preservation. The property is located 53' 30" west of Elijah's Lane,
on the north side of Oregon Road in Mattituck. SCTM#1000-94-3-1.3
Joe Townsend: WHEREAS, this proposed conservation subdivision is to subdivide a
12.5056 acre farm into two lots. Lot 1 will total 2.5056 acres with an existing residence
and with the Development Rights to remain intact. Lot 2 will total 10 acres from which
The Town of Southold purchased the Development Rights in March 2007 for the
purpose of farmland preservation; and
WHEREAS, an application for sketch approval was submitted on November 7, 2008,
including the sketch plan prepared by John C. Ehlers, L.S., dated October 6, 2008; and
WHEREAS, the Southold Town Planning Board reviewed the above-referenced
proposal at their December 8, 2008 Work Session; be it therefore
Southold Town Plannin.q Board Pa.qe Twelve January 12, 2009
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;
Martin Sidor: Second the motion.
Chairperson Woodhouse: All in favor?
Ayes.
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 and determined that the action is consistent as
outlined in the December 2, 2008 memo prepared by the LWRP Coordinator;
Geor.qe Solomon: Second.
Chairperson Woodhouse: All in favor?
Ayes.
Chairperson VVoodhouse: That motion carrries.
Joe Townsend: 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.
Ken Edwards: Second.
Chairperson Woodhouse: All in favor?
Ayes.
Chairperson VVoodhouse: That motion carrries. Thank you.
Southold Town Planning Board PaRe Thirteen January 12, 2009
SITE PLANS
Final Determinations:
S.A.V.E.S., Inc. - This site plan is for a change of use of an existing 800 sq. ft. dwelling
to have 500 sq. ft. of retail space and 300 sq. ft of storage space, including a handicap
ramp and associated parking on a 10,140 sq. ft. parcel in the General Business Zoning
District located approximately 136 feet north from the n/w corner of Horton Lane and
Middle Road, Southold. SCTM#1000-59-3-31.
Joe Townsend: WHEREAS, the applicant, S.A.V.E.S., Inc., submitted an amended site
plan application on September 23, 2008 for a change of use of an existing 800 sq. ft.
dwelling to have 500 sq. ft. of retail space and 300 sq. ft. of storage space including a
handicap ramp and associated parking on a 10,140 sq. ft. parcel in the General
Business Zoning District; and
WHEREAS, on September 28, 2008, the Planning Board accepted this application; and
WHEREAS, on September 30, 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, Southold 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 December 8, 2008, the Southold Town Building Inspector reviewed the
plan and certified that the proposed use as a retail use is a permitted use in the General
Business Zoning District; and
WHEREAS, the Southold Town Planning Board, pursuant to Southold Town Code
§280-131H,has 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: the use proposed is in-between two existing commercial uses, a
car dealership to the north and a restaurant to the south; the use will be in keeping with
the nature and character of the area; and 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
Southold Town Planning Board Page Fourteen January 12, 2009
to further the objectives set forth in Town Code §280-129 and maintain public health,
safety, and welfare for the following reasons: the applicant is providing adequate
parking and drainage on site for the use proposed and there will be no change to the
footprint of the building; therefore, be it
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;
Martin Sidor: Second.
Chairperson Woodhouse: All in favor?
Ayes.
Chairperson Woodhouse: That motion carrries.
Joe Townsend: 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:
§280-133A. (1) - (5), B. (1) (a) - (d), (e), (h), (3) (a), (b), (4) (a),(b), (e-partial),
(f-partial), (g-partial), and (h-partial);
George Solomon: Second.
Chairperson Woodhouse: All in favor?
Ayes.
Chairperson Woodhouse: That motion carrries.
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 and determined that the action is consistent as
outlined in the December 3, 2008 memo prepared by the LWRP Coordinator;
Ken Edwards: Second.
Chairperson Woodhouse: All in favor?
Ayes.
Chairperson Woodhouse: That motion carrries.
Southold Town Planning Board Pa,qe Fifteen January 12, 2009
Joe Townsend: and be it further RESOLVED, that the Southold Town Planning Board
grant approval and authorize the Chairperson to endorse the site plan entitled
"S.A.V.E.S., Inc." prepared by Frank Uellendahl, Registered Architect, dated November
9, 2008.
Martin Sidor: Second.
Chairperson Woodhouse: All in favor?
Ayes.
Chairperson Woodhouse: That motion carrries. Before we go on to approve the
minutes, is there anyone else in the audience who would like to address the Board?
I will entertain a motion to approve the Planning Board Minutes of Oct. 20, 2008 and
November 17, 2008.
Ken Edwards: So moved.
George Solomon: Second.
Chairperson Woodhouse: All in favor?
Ayes.
Chairperson Woodhouse: That motion carrries. I will entertain a motion to adjourn.
Geor.qe Solomon: So moved.
Martin Sidor: Second.
Chairperson Woodhouse: All in favor?
Ayes.
Chairperson Woodhouse: We are adjourned. Thank you.
There being no further business to come before the meeting, it was ADJOURNED at
6:20 p.m.
Respectfully submitted,
Linda Randolph, Transcribing Secretary
Southold Town Planning Board Page Sixteen January 12, 2009
/~/JerilydB. Woodhouse, Chair