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HomeMy WebLinkAboutPB-02/09/2009PLANNING BOARD MEMBERS MARTIN H. SIDOR Chair WILLIAM J. CREMERS KENNETH L. EDWARDS 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, February 9, 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 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 February 9th meeting of the Southold Town Planning Board. For our first order of business, I will entertain a motion to set Monday, March 9th, 2009 at 6:00 p.m. as time and place for the next regular Planning Board Meeting to be held here. Joseph Townsend: So moved. Geor.qe Solomon: Second. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: That motion carries. Thank you. Southold Town Planning Board Pa.qe Two February 9, 2009 PUBLIC HEARINGS 6:00 p.m. - Ghassemi, Sy & Catherine - This proposed conservation subdivision divides 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 I acre in the R-80 Zoning District. The property is located on the north side of NYS Route 25, approximately 831' west of Rocky Point Road in East Marion. SCTM#1000-31-1-1. Chairperson Woodhouse: Is there someone here who would like to address the Board on this application? Patricia Moore: Yes, thank you. I am here for Mr. and Mrs. Ghassemi on this conservation subdivision. I brought the map here so it would be helpful to some of the neighbors that I know are curious and may have some comments. This, as I pointed out, is a Conservation Subdivision, which means that at least 75% of this land is going to be preserved as agriculture. The farm field is presently tilled by the Sep Farm, and the farmer, Mr. Sep is here. So, if you have any questions, I am she would be happy to answer them. One issue that came up from the neighbors and I'll let them speak for themselves, but one of the things that they pointed out to me is that many of the properties, particularly the area that is adjacent to both the Pebble Beach Farm Open Space and the Suffolk County Water Authority Open Space, now has natural vegetation. You see on the map that we conform to the Code requirement, which is planting trees along the west side of the road, and these trees are 40' on center. That is something that we would ask the Board to consider waiving because, again, we are adjacent to open space and then in the areas where we are adjacent to homeowners, it would necessitate that we clear the area in order to plant vegetation or to plant the trees. So, it would make more sense to limit the amount of clearing at all possible. If there are pockets that are open at that point, we can put in some vegetation. But rather than have, as the Code requires, trees that are along an area, we know that we don't want trees on the east side because that's the farm field and that interferes with our farming operation. But on the west side it interferes in a sense with private homes and the property line. So it's something that I know that has been raised by private comments, and I have asked them to put it on the record and would ask you to consider it so that we don't have the line of trees as it's been proposed. Aside from that, we really had no comments and I am here to entertain any questions. I'll stand aside and let the neighbors speak. Thank you. Chairperson Woodhouse: Thank you. Would someone else like to address the Board? Kathy Tole: I live in East Marion, adjoining this property. I and Mary Ann Durkin reside at 3940 The Long Way, East Marion, a/k/a Pebble Beach Farms, Lot #62. In 2006, before we purchased our property, we responded over to the Planning Board and reviewed the file on this property. At that time and through now, we are generally supportive of the concept that the Ghassemi's and the Planning Department are Southold Town Planninq Board Pa.qe Three February 9, 2009 proposing for this property. After receiving notice of this hearing, we contacted Patricia Moore to get more information about the proposal. We discussed one issue on the proposal that would substantially impact our property use, and we believe there is an easy solution that would be acceptable to both them and us. It is our understanding that the Planning Dept. or Code has required that they plant a very tall tree barrier along the entire western edge of the property. However, we have over 10,000 watts of photovoltaic solar panels that are located near the edge of that property. The panels are approximately 65' long and 8' high at the tallest point, being ground-mounted, not roof-mounted. I explained to Ms. Moore that the trees would greatly reduce the efficacy of the panels. I subsequently contacted my solar contractor, who of course confirmed this. In fact, just 10% shade on solar array can reduce output by as much as 50%, which is a huge burden. We propose that along the common property line, the plan be changed to eliminate the tall trees and include shorter, no more than 8' evergreen deer- resistant shrubs. We further request that no planting be required along the common property line that is along the r, atural permanently-preserved open space non-buildable areas that are directly south of our property that would also cast shade. That's also on the west side of the Ghassemi property. If you don't consider it acceptable that they simply not plant there, perhaps shorter plants there also could contain down the line. We are very proud to have built a home that received the highest energy star rating of any house built in NYS in 2007. The solar array is a significant feature of the energy efficiency and energy independent features of our home. In addition, we co-generate power that passes directly into the grid that we all use. Our request is intended to preserve that feature at a time when it is increasingly crucial. We would also suggest that planting the trees along the common property line where there is a naturally- preserved or farmed space, would also be undesirable. We believe that the shading would negatively impact the areas that are growing naturally as well as the areas possibly intended for farming. We propose that they be relieved of the burden of planting a barrier line of trees along that area also. We believe both of these requests bear merit environmentally and are to the property owner's financial benefit, and we respectfully request that the plan be modified. I have copies of this letter, plus a little bit about the photovoltaic for all of you. Chairperson Woodhouse: I think that's a refreshing request of the Planning Board. Thank you. Is there anyone else who would like to address the Board on this application? Anthony Vivona: I am a resident at Febble Beach. A few years ago we did get a request from the owners of lhe property that they were going to develop their land and they wanted to access their properties through the long way, Howell Road, which is a private road. That request was denied. On this plan here I see that they have the road 16' going to access all of their properties when they break it up into different lots. My question is: is that their road and they're not going to use any part of our roads to access this particular road? Southold Town Planning Board Pa.qe Four February 9, 2009 Pat Moore: The way it's been designed is that we have access by all our own private roads. It's the access point for the lot closer to the Main Road and to the two waterfront lots. So, yes, this is going to be a private road that we don't need to access over. Chairperson Woodhouse: Thank you, Mr. Vivona. Is there anyone else who would like to address this Board on this application? Could you please state your name? Joseph Zippala: I live in Pebble Beach Farms. I represent my parents and myself. Their road is adjacent to our property. Now, I find it a little odd that our property is going to have a road going through behind our back yard. I think that's a little odd. What are they going to do for storm drains? Are they going to do anything about that? That's a very important part of this planning. I think they should come with a proposal that's going to say storm drain, fire hydrants. How are they going to go about doing this? Do you have an answer for that? Pat Moore: As you recall, my first comment was that this is a conservation subdivision. As such, we have 75% of this land that's going to be preserved in agriculture. So, the subdivision rules are somewhat different for conservation subdivision because the property owner is in a sense giving up a lot of potential development here. It recognizes that there are lesser impacts. As far as drainage, this is going to be a purveous road; any drainage has to stay on our own property and will actually tip towards the agricultural land. So, as far as drainage issues, we should not have any here because our property is surrounded by agriculture. There won't be any water runoff going onto your property. That's our obligation. The Building Department and Town Engineer would have considered that. We do have, I think there's a separate plan for road specifications in your file. Joseph Zippala: That's a closed road that's there now; that's just compressed gravel. Any road higher than our property elewtion; what happens is now there's no place for the water to drain. Pat Moore: I don't believe that's the final road, because it hasn't been developed out. When the time comes to develop the two iots, at that point or prior to that point we would have to have the roadway improved to the standards otherwise the Building Department won't give us a building permit. Joseph Zippala: You know, I don't think that people would have an objection if he put his road 600' into his property. Pat Moore: You have to keep in mind that the purpose of sale of development rights is to preserve agriculture. The more it the road approaches into the agriculture, the less farmland. So, the location of this road is actually trying to preserve as much of this land as possible in agricultural use. So, the Sep Farm I'm sure would not be very pleased in having their farm be reduced in size because of the desire to put the road kind of centered on the property. Our goal is to preserve the farmland here. Southold Town Planning Board Page Five February 9, 2009 Joseph Zippala: Yes, but you're also puffing a read through our back yards. You have to realize that that road is 5' off my property line. I'm totally against this: 100% against it. If he wants to put in a community, he should level his house and make a community. Put an entrance in, call it a community. Put an entrance through a read down the center of his property, put in fire hydrants. Chairperson Woodhouse: Excuse me. You need to be making your comments to the Board, not to the attorney. Joseph Zippala: I'm just expressing my feelings because I think it's absurd that the road is adjacent to our property line. Every time someone drives through that read, we have a dust storm, OK? And I didn't come out here to have a dust storm. Chairperson Woodhouse: And when you purchased, how long have you been on your property? Joseph Zippala: I've been here 11 years. He came in: he bulldozed whatever he wanted to. He threatened us. He's bulldozing a lot. He said: 'Tm bulldozing a road through." And that's what he did. He didn't even have the courtesy to put in a paved road. So every time he comes through here with his truck, he blazes down the read and we have a dust storm. So we should all suffer from that, right? And we should not have the proper dreinage. Chairperson Woodhouse: Every part of the drainage issue and the fire hydrant is part of the site plan process and it will be done according to the Code at that time. Joseph Zippala: When are we going to have that? When are we going to see that final plan? When he's ready to build, or beforehand? Pat Moore: No, I think there should be one in your file; I don't know that I brought my entire file with me, but I'd be happy to .... Chairperson Woodhouse: We are looking for the read and dreinage plan, could you pull that out, please? Pat Moore: If I could just make a comment. There is a solution here, which is that if you, as a homeowners association were to decide to allow two lots to enter your private read, there would be no need for this read at all. Joseph Zippala: We are not allowing anyone to come through our community,'and that's the bottom line. Pat Moore: I understand, but that would eliminate the need for a read. George Solomon: I think you're really, at this Point, by that comment, you are giving this man no other alternative than to (inaudible) the read where he wants. Southold Town Planning Board Page Six February 9, 2009 Joseph Zippala: Sir, it's been farm~and for years and years and years, and it will continue to be farmland. He has a home already in the front of his property on the Main Road. So, what he's doing is he's turning this into a profit-making business. That's what he's doing. He's not helping us. Chairperson Woodhouse: What he has done: there's a conservation subdivision. When these development rights are sold on this particular application, that land will remain in agriculture forever; it will never be divided, the parcel that is being bought by the County. So that's protecting that land in perpetuity. It's keeping your taxes Iow and it's keeping development out of that parcel in East Marion. Joseph Zippala: Yes, he has good intentio,'~s. But what I'm getting at is that the road is going right through our back yards. Let me ask you a question: have you ever seen that before: a road 5' off a back ya;d? Chairperson Woodhouse: Yes. Joseph Zippala: OK, all right. You've seen it? Where have you seen it? Five feet? Chairperson Woodhouse: In sil-nilar situations where there is farmland that's being preserved, it happens. Joseph Zippala: Well I'm totally against this. I don't see how this is benefiting anyone but the owner. Chairperson Woodhouse: Thank you for your comments. I believe that someone else would like to address the Board? Kate Sepenoski: My husband Peter is the farmer who, we all benefit, not only us, because he can continue farming, but the community because we continue to grow food for the community. I think I'm familiar with the house lot that he's talking about. In the past we've had very good relationships with the neighbors and as farmers out there. That particular spot, though, he would benefit by leaving the road the level that it is, because right now all the water that drains off that, that is the Iow spot in the field, we always have water there. So, if we were to lower that, he'd probably have more water on his yard than he does now. The other thing is the access. That road has been there forever. My aunt and uncle used to live in that house on the Main Road, the farmhouse for that property, and that was the access road that always went up to the north end of the field. It has never varied from that. It has been maintained by us and now by Sy. By putting the road through the middle of the farm field, you would be destroying whatever abilities we have to either grow crops north to south, or east to west, however it is we need to plant the crops, because we don't have the flooding and damage to the crops that were growin9. So, ii wouid really hineer us by doing that. The dust issue: we're a rural community. If you come out here and you have a dry summer, I don't care whether you have paved roads, gravel roads or just dirt out there in the field. You're Southold Town Planning Board Page Seven February 9, 2009 going to have dust. It's something you're going to have to accept by living out here. If you want to have pavement, storm drains and a commercial feel to everything, this probably isn't the proper place to live, because we all have to get along together, and if nature is going to abound, you have to make exceptions for these things. Chairperson Woodhouse: Thank you. Is there anyone else who would like to address the Board on this application? Heather Lanza: Can I just say a clarification? Just looking at the road and drainage plan, basically it's not a road per se, it's a 16' common driveway serving two lots, so it's a little more typical that that's ~l~ing to be close to lot line, as well, and not unusual. Thank you. Chairperson Woodhouse: Anyone else? OK. Thank you all for your time and this application. I am going to entertain a motion to close this hearing. Ken Edwards: So moved. Joe Townsend: Second. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: The nearing is closed. 6:0,5 p.m. - 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 the s/s/o NYS Rte. 25 and the n/s/o Leslie's Road, approximately 1,500 feet e/o Bay Avenue, in Peconic. SCTM#1000-97-10-1, 85-3-12.1 & 12.2 Patricia Moore: I represent Briarcliff Sod. This is a piece of property that was early on in the sale of development rights program. When the sale of development rights occurred, to the north of the farm acreage, this area was Lot #1 and Lot #2 was reserved for future subdivision. That has now been submitted and is before you for a decision. There is a si~'nilarly designed subdivision, not owned by my clients, to the east of this parcel and I know that that either has been approved or is in the process of being reviewed for approval. The northerly end of lhe parcel is just two ag buildings; it is not development area for a house, and that area apparently when the sale of development rights occurred, they received less an area as a reserve area for the barns because I guess at the time they weren't sure about the program whether it would allow barns. Southold Town Planning Board Page Eight February 9, 2009 So that is about the only unique feature of this property and the sale of development rights land. Chairperson Woodhouse: Is there anyone else who would like to address the Board on this application? Hearing none, I am going to entertain a motion to close this hearing. Martin Sidor: So moved. Ken Edwards: Second. All in favor? Ayes. Chairperson Woodhouse: That motion carries. CONSERVATION SUBDIVISIONS, STANDARD SUBDIVISIONS, RE- SUBDIVISIONS (Lot Line Changes) Sketch Determinations: Chase Bank, Mattituck - This proposal is tc subdivide an 112,647 sq. ft. parcel into two lots where Lot 1 equals 46,448.25 sq. ft. in the B Zoning District and Lot 2 equals 66,294.97 sq. ft. in the R-40 Zoning District. The property is located at 10300 NYS Route 25, approximately 120 feet east of Marlene Lane, on the south side of NYS Route 25 in Mattituck. SCTM#1000-14.~-3-33.2 Ken Edwards: WHEREAS, this proposal is for a standard subdivision to subdivide a 112,647 sq. ft. parcel into two Lots where Lot I equals 52,209.54 sq. ft. in the B Zoning District and Lot 2 equals 60,529.61 sq. ft. in the R-40 Zoning District; and WHEREAS, an application for ske';ch spprovsl 'was submitted on October 24, 2008, including a sketch plan prepared by Thomas K. Wicks, L.S., and Thomas E. Murray, P.E., dated July 11, 2008; and WHEREAS, the Southold Town Plannir~g Board reviewed the plans at their November 17, 2008 Work Session; and WHEREAS, the Southold Town Engineer, on December 5, 2008, provided comments to the Planning Board on the proposed access to the site; therefore, be it RESOLVED, that the Southotd 7own Flanni~g Board, acting under the State Environmental Quality' Review Act pursuanl to 6 NYCRR Part 817, Section 617.7, establishes itself as Lead Agency for the Unlisted Action; Southold Town Planninq Board _Page Nine February 9, 2009 Joe Townsend: Second. Chairperson Woodhouse: Alt in favor? Ayes. Chairperson Woodhouse: The motion carrries. Please continue. Ken Edwards: and be it further RESOLVED, that the Southold Town Planning Board hereby grants Sketch Approval upon the map entitled "Standard Subdivision of Chase Bank, Mattituck' dated July 11,2008 and last revised January 26, 2009 prepared by Thomas K. Wicks, L.S. and Thomas E. Murray, P.E. Joe Townsend: Second. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: That motion cam'ies. Sketch Extensions: 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 Joe Townsend: 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 50872 acres of open space, in the R-80 Zoning District; and WHEREAS, the Southold Town Planning Board granted Sketch Plan Approval upon the map entitled "Subdivision Map of Shaw,q Tully', dated March 30, 2006 and last revised January 21, 2008, prepared by Howard Young, L.S., on May 19, 2008; and WHEREAS, the applicant has been significantly delayed while, in good faith, seeking Health Department approval as ~ve;I as receiving approval by the applicant's bank for the Health Department's covenant for this project; and Southold Town Planning Board Pa.qe Ten February 9, 2009 WHEREAS, the applicant has therefore requested the Southold Town Planning Board grant an extension of Sketch Plan Approval in order to secure the bank's approval; be it therefore RESOLVED, that the Southold Town Planning Board hereby grants a retroactive Extension of Sketch Approval on the map entitled "Subdivision Map of Shawn Tully", dated March 30, 2006 and last revised January 21,2008 prepared by Howard Young, L.S., from May 19, 2008 to May 19, 2009. Ken Edwards: Second the motion. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: That motion carrries. Thank you. CONSERVATION SUBDIVISIONS, STANDARD SUBDIVISIONS, RE- SUBDIVISIONS (Lot Line Changes) - STATE ENVIRONMENTAL QUALITY REVIEW ACT Determinations: Torell, Arthur - This proposed 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 19023 sq. ft. Parcel 2 (SCTM#!000-33-2-11)will increase in size after the lot line modification ~rom 24,756 sq. ft. to 27,186 sq. ft. These parcels are located in the R-40 Zone on Westwood Lane, 300' n/o Homestead Way, Greenport. George Solomon: WHEREAS, this proposed 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. After the lot line modification, Parcel 1 will decrease in size from 21,458 sq. ft. to 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; and WHEREAS, the Southold To~vn Plan,~,in9 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 Southold Town Planning Board Page Eleven February 9, 2009 RESOLVED, that the Southotd 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, establishes itself as lead agency and, as lead agency, makes a determination of non-significance and grants a Negative Declaration. Ken Edwards: Second the motion. Chairperson Woodhouse: Alt in favor? Ayes. Chairperson Woodhouse: That motion carrries. APPROVAL OF PLANNING BOARD MINUTES Chairperson Woodhouse: We have three sets of Board Minutes to approve. I will entertain a motion for the Board to approve the Minutes of December 8, 2008, January 12, 2009 and a Special Meeting on January 20, 2009. Joe Townsend: So moved. George Solomon: Second. Chairperson Woodhouse: All h-, favor? Ayes. Chairperson Woodhouse: That motion carrries. I will entertain a motion to adjourn. George Solomon: So moved. Joe Townsend: Second. Chairperson Woo~house: Ai; ~,~ ,~vo, / Ayes. Chairperson Woodhouse: We are adjour¢.ed. Thank you. Southold Town Planning Board Pa.qe Twelve February 9, 2009 There being no further business to come before the meeting, it was ADJOURNED at 6:26 p.m. Respectfully submitted, Martin H. Sidor, Chair R~CEIV~D '~ 2OO9