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HomeMy WebLinkAboutPB-04/27/2009PLANNING BOARD MEMBERS MARTIN H. SIDOR Chair WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE D. SOLOMON JOSEPH L. TOWNSEND PLANNING BOARD OFFICE TOWN OF SOUTHOLD PLANNING BOARD SPECIAL MEETING MINUTES April 27, 2009 4:00 p.m. Present were: Martin Sidor, Chair William Cremers, Member George Solomon, Member Joseph Townsend, Member Kristy Winser, Senior Planner Mark Terry, Principal Planner 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 Martin Sidor: Welcome to a special meeting of the Southold Town Planning Board. This evening we have three items on our agenda. CONSERVATION SUBDIVISIONS, STANDARD SUBDIVISIONS, RE- SUBDIVISIONS (Lot Line Changes) Waiver of the restriction on grading and construction in Southold Town Code Section 240-6 (C) for Lot 3: Sterling Harbor, Inc. at Bayview - This proposal is to subdivide a 14.1529-acre parcel in the A-C zone into five lots where Lot 1 equals 49,652 s.f., Lot 2 equals 41,302 s.f., Lot 3 equals 42,550 s.f., Lot 4 equals 41,056 s.f. and Lot 5 equals 410,845 s.f. and includes a 40,944 s.f. building envelope and 369,901 s.f. of preserved area. The property is located on the n/s/o Main Bayview Road, 300.21' e/o Midland Parkway, in the Agricultural Conservation Zoning District (A-C)in Southold. SCTM#1000-88-2-15 Joseph Townsend: WHEREAS, this proposal is to subdivide a 14.1529-acre parcel in the A-C Zone into five lots where Lot 1 equals 49,652 s.f., Lot 2 equals 41,302 s.f., Lot 3 equals 42,550 s.f., Lot 4 equals 41,056 s.f. and Lot 5 equals 410,845 s.f. and includes a 40,944 s.f. building envelope and 369,901 s.f. of preserved area; and Southold Town Planning Board Page Two April 27, 2009 WHEREAS, the Southold Town Planning Board granted Conditional Preliminary Plat Approval on the map prepared by John T. Metzger, US., dated October 22, 2005 and last revised on November 8, 2006, on January 8, 2007; and WHEREAS, the applicant submitted a completed application for Final Plat Approval on December 19, 2007; and WHEREAS, the Southold Town Planning Board carefully reviewed the above- referenced application for Final Approval at their April 13, 2009 Work Session and has determined that Final Approval is scheduled to be granted for this application at the next Public Hearing date for the Planning Board on Monday May 11, 2009; and WHEREAS, the applicant has submitted a request to the Southold Town Planning Board on March 25, 2009 for permission to obtain a building permit to construct one single-family dwelling on Lot 3 of the subdivision prior to Final Approval being granted for this proposed subdivision; and WHEREAS, pursuant to Southold Town Code §240-6(C) General Application Procedure: "No construction, improvement, grading or clearing of land or other disturbance of existing conditions shall be commenced or undertaken on land for which an application has been filed pursuant to this chapter until final approval of the application has been granted, except as expressly provided herein"; and WHEREAS, pursuant to Southold Town Code §240-56 Waivers of Certain Provisions: "The Planning Board shall have the authority to modify or waive, subject to appropriate conditions, any provision of these subdivision regulations, if in its judgment they are not requisite in the interest of the public health, safety and general welfare, except where such authority would be contrary to other ordinances or state/aw"; and WHEREAS, the Southold Town Planning Board finds that the following reasons support a decision to waive the restriction on grading and construction in Town Code §250-6(C) for Lot 3 prior to the subdivision receiving Final Approval: The applicant has completed and fulfilled the requirements of Sketch and Preliminary Approval as required by Southold Town Code §240-9-13 and §240-15- 19, including a public hearing on the proposed subdivision; and 2. The applicant is in the process of completing all of the requirements for Final Approval as outlined in §240-20-24; and The applicant has received Suffolk County Department of Health Services approval on the map prepared by John T. Metzger, L.S., dated October 22, 2005 and last revised on November 8, 2006; and Southold Town Planning Board Page Three April 27, 2009 4. A copy of the water bill demonstrating public water has been connected to each of the individual lots on the proposed subdivision site was submitted to the Southold Town Planning Board on April 22, 2009 and has been accepted by the Southold Town Planning Board in lieu of a Letter of Water Availability from the Suffolk County Water Authority; and The Southold Fire District has reviewed this application and submitted letters on January 30, 2006 and February 27, 2009 to confirm that adequate fire protection exists for this proposed subdivision; and 6. The applicant has submitted the required Park and Playground Fee pursuant to Southold Town Code §240-53(G) in the amount of $28,000 on March 6, 2009; and Approval of the Final Plat is imminent. The Planning Board has scheduled the application for Final Approval on May 11, 2009 pursuant to the applicable requirements of Southold Town Code §240; be it therefore RESOLVED, that the Southold Town Planning Board hereby agrees to waive the restriction on grading and construction outlined in §250-6(C) for Lot 3 only, as shown on the Preliminary Plat approved by the Planning Board on January 8, 2007, and allow the applicant to begin construction of a single-family residence on Lot 3 prior to the subdivision receiving Final Approval from the Planning Board. This resolution is subject to the following conditions: The applicant must provide access to Lot 3, pursuant to Southold Town Code §144- 8(D), that provides sufficient access during all seasons and will support utility trucks, work trucks, and emergency access vehicles. 2. The applicant is not authorized by this resolution to grade or construct any other lots in the subdivision prior to Final Approval by the Planning Board and the issuance of a building permit. 3. The applicant must contain all storm water run-off on-site pursuant to Chapter 236 Storm Water Management. Geor.qe Solomon: Second. Martin Sidor: Motion made and seconded. All in favor? Ayes. Martin Sidor: Is there any discussion? Anyone who wishes to speak to this? Hearing none, motion passed. Southold Town Planning Board Page Four April 27, 2009 SITE PLANS DETERMINATION - ratifying waiver of site plan requirements Steele - This proposal is for site plan approval for an agricultural hoop house on the property located at 13797 Oregon Road, Cutchogue in the A-C Zoning District. SCTM# 83.-2-10.16 Geor.qe Solomon: WHEREAS, at its February 9, 2009 meeting, the Planning Board determined to waive the site plan requirements of {}280-133 with respect to the siting of a hoop house in the front portion of the property located at 13797 Oregon Road in Cutchogue, SCTM#1000-83-2-10.16, owned by Timothy Steele; and WHEREAS, that determination was set forth in a letter dated February 23, 2009 to Mr. Steele's attorney; and WHEREAS, the Planning Board wishes to ratify and confirm its determination by the adoption of this resolution; therefore be it RESOLVED, that the Planning Board hereby ratifies and confirms its determination to waive the formal site plan requirements of {}280-133 with respect to the siting of a hoop house in the front portion of the property located at 13797 Oregon Road in Cutchogue, SCTM#1000-83-2-10.16, owned by Timothy Steele, for the reasons set forth in the letter of February 23, 2009 to Abigail A. Wickham, Esq., and approves the siting of the structure where situated. Joseph Townsend: Second the motion. Martin Sido[: Motion made and seconded. All in favor? Ayes. Martin Sidor: Any discussion; anyone wish to speak to this? Pat Moore: Just very briefly, the neighbors that are adjacent in the residential-zoned property object to the fact that through the site plan process, Mr. Steele continues to try to avoid zoning laws. The siting structures still have to comply with the zoning regulations. He has gone to the Zoning Board, been told he couldn't place certain structures within the north side of the house and adjacent to these residential structures and he seems to disregard the Zoning Board. He came to this Board for site plan approval; we don't understand why but, in any case, the Planning Board does not have authority to authorize placing the structures that do not conform to the zoning code. We put that in court papers and we continue to stand by that, so we just wanted to make sure that's on record. William Cremers: So noted. Southold Town Planning Board Page Five April 27, 2009 Martin Sidor: Is there anyone else? Hearing none, motion passes. Batta.qlia, Joseph & Heidi - Proposed standard subdivision of 95,846 sq. ft. into two lots where Lot One is 41,280 sq. ft. and Lot Two is 54,074 sq. ft. in the R-40 Zoning District. This site is located on the west side of Hobart Road, approximately 1,059 feet north from Terry Lane in Southold. SCTM#1000-64-3-3 William Cremers: WHEREAS, this is a standard subdivision of 95,846 sq. ft. into two lots where Lot One is 41,280 sq. ft. and Lot Two is 54,074 sq. ft. in the R-40 Zoning District; and WHEREAS, the applicant has submitted a request to the Southold Town Planning Board dated March 31, 2009 for permission to obtain a permit to demolish his existing house and a building permit to construct one single-family dwelling on Lot 1 of the subdivision prior to Final Approval being granted for this proposed subdivision; and WHEREAS, subsequently, at a Work Session on April 13, 2009, the applicant requested a demolition permit for an existing barn on site for the purposes of re-location of the structure off-site; and WHEREAS, at the April 13, 2009 Work Session, the Planning Board agreed to the re- location of the barn off-site only; and WHEREAS, pursuant to Southold Town Code § 240-6(C) General Application Procedure: "No construction, improvement, grading or clearing of land or other disturbance of existing conditions shall be commenced or undertaken on land for which an application has been filed pursuant to this chapter until final approval of the application has been granted, except as expressly provided herein';' and WHEREAS, pursuant to Southold Town Code §240-56 Waivers of Certain Provisions: "The Planning Board shall have the authority to modify or waive, subject to appropriate conditions, any provision of these subdivision regulations, if in its judgment they are not requisite in the interest of the public health, safety and general welfare, except where such authority would be contrary to other ordinances or state law"; and WHEREAS, the Southold Town Planning Board finds that the following reasons support a decision to waive the restriction on disturbance of existing conditions in Town Code §250-6(C) for the demolition of the existing barn prior to the subdivision receiving Final Approval: Southold Town Planning Board Page Six April 27, 2009 1. The applicant has submitted an application for Sketch Plan approval for a two-lot standard subdivision where there are existing structures and the Board has agreed that the re-location of an exiting barn off-site will not affect the outcome of the overall subdivision; and 2. The barn itself is a simple structure and removal of the barn from the site will likely be an easy and inexpensive process; be it therefore RESOLVED, that the Southold Town Planning Board hereby agree to waive the restriction on disturbance of existing conditions prior to Final Approval of the subdivision as outlined in §250-6(C) to allow for the removal of the existing barn from the subject parcel at this time. This resolution is subject to the following conditions: 1. The applicant must obtain the appropriate demolition permit from the Building Department; and 2. The applicant is not authorized by this resolution to disturb any other existing conditions on the subject parcel prior to Final Approval of the subdivision by the Planning Board. George Solomon: Second. Pat Moore: What happened to the demolition of the house? Are you doing a separate resolution for the house, or is it just the barn? Martin Sidor: Just the barn. Pat Moore: What happened to the house? Martin Sidor: That was the only thing we discussed last Monday or the Monday before. Pat Moore: No, it was the house and the barn. Martin Sidor: I don't have the minutes here in front of me, but Pat Moore: Well, we specifically need the house. The barn is the, you know, it can help someone else to relocate the barn. But the house needs to come down as well. Mark Terry: Why don't you continue on with this resolution that's open and then you can discuss the other. Pat Moore: I know that he's anxious; I assumed that both were included in one reso; well, it may be that the barn and the house can just, you can amend this resolution to include both structures, because that was what we discussed at the meeting. Martin Sidor: OK. Hold on. Motion made and seconded. All in favor? Southold Town Planning Board Page Seven April 27, 2009 Ayes. Martin Sidor: Motion carries. Geor.qe Solomon: We can discuss that in the work session, Pat. Pat Moore: Well, I don't want to see it delayed another couple of weeks or months or whatever; I thought that that's what was being done today. In fact, I was told earlier today that the Building Department wasn't going to require this resolution to do a demolition, whether it's a barn or the house. Then, at the last minute, Kristy was kind enough to put this resolution on because they had a change of heart and they said: "let's just do it by resolution to keep it consistent." So this was added on. But right from the beginning, my letter says I need the demolition of the house and the barn is actually being, I see the Harbes Family here, is being demolished in the sense of a permit, but is actually being relocated. So, I want to see, that was what I always... Martin Sidor: That is true that we needed a resolution, and I spoke with the Town Attorney to make it proper and consistent for the demolition, and I do not recall, until somebody tells me otherwise, I spoke with Heather today and I think what she remembered was strictly the barn. Pat Moore: Please read my letter. My letter said house and barn. We were more concerned about the house. The barn was just to help the Harbes Family, because originally it was like, well, do we even need it for a barn that's being disassembled. The more important structure in our book is the house; that's what my client is expecting. William Cremers: My recollection, Pat, was that you did write it in a letter for both. But at our work session we only discussed the barn, as I recollect. Pat Moore: I think because you were; it was kind of a, we had two applications going at the same time regarding a house, so there was, it's kind of, you know, I don't want to say I was being cut off, but there was a condensed conversation with regard to a house, because both were ....... William Cremers: We only thought the barn at that point, as I recall. Pat Moore: I am sorry I didn't read the bubble over everybody's head; I assumed that my letter was clear that we needed for the house. I don't want to separate these too far away, because that was our plan. Ultimately, we were hoping to get a building permit for the house, but I'm waiting. The surveyor has it on his desk and you should be getting it this week or so, with respect to the building permit for the house. William Cremers: Thank you. Geor.qe Solomon: I make a motion to adjourn. Southold Town Planning Board Page Eight April 27, 2009 William Cremers: Second. Martin Sidor: All in favor? Ayes. Martin Sidor: We are adjourned. There being no further business to come before the meeting, it was ADJOURNED at 4:17 p.m. Respectfully submitted, Martin Sidor, Chair RECEIVED ~,~AY 1 2 2009