HomeMy WebLinkAboutPB-07/13/2009PLANNING 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, July 13, 2009
6:00 p.m.
Martin H. Sidor, Chairperson
William J. Cremers, Member
Kenneth L. Edwards, Member
George D. Solomon, Member
Joseph L. Townsend, Member
Heather Lanza, Planning Director
Tamara Sadoo, Planner
Kristy Winser, Senior Planner
Carol Kalin, Secretary
RECEIVED
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Soc',hold Town Clerk
SETTING OF THE NEXT PLANNING BOARD MEETING
Martin Sidor: Good evening, and welcome to the regularly-scheduled Southold Town
Planning Board public meeting. For our first order of business, I would like to entertain
a motion to set Monday, August 10, 2009 at 6:00 p.m. at the Southold Town Hall, Main
Road, Southold, as the time and place for the next regular scheduled Planning Board
Meeting.
William Cremers: So moved.
Joseph Townsend: Second.
Martin Sidor: I have a motion and second. Any discussion? All in favor?
Ayes.
Martin Sidor: Motion carries.
Southold Town Planning Board Pa.qe Two July 13, 2009
PUBLIC HEARINGS
Hearings Held Over From Previous Meetings:
Sutton, Alexander & Tracy - This proposal is for a standard subdivision (re-
subdivision) of two parcels totaling 2.444 acres into 2 new lots, where SCTM#1000-78-
9-54 will decrease in size from 1.820 acres to 1.421 acres (61,899 sq. ft.), and
SCTM#1000-78-9-78 will increase in size from 0.624 acres to 1.023 acres (44,587 sq.
ft.) in the R-40 Zoning District. The property is located at 1160 North Bayview Road,
111.56 feet northeast of Liberty Lane and Victoria Drive, Southold.
Martin Sidor: If there is anyone who wishes to address the Planning Board regarding
this resubdivision, please step forward to either microphone, state your name and
address and speak to the Planning Board. I will say right before we get started: we are
still in the process of gathering more information and this meeting will remain open.
Thomas Kennedy, 900 Victoria Drive, Reydon Hei.qhts Association: Thank you. Just
for the record, I am submitting to the Planning Board a legal opinion by our attorney and
neighbor, Eileen Powers. In addition, a title report prepared by Thomas Caulfield
referencing the Sutton property. Tonight the meeting is not going to be closing?
Martin Sidor: No. As I said, it will remain open. Is there anyone else that wishes to
address the Board?
Warren Knudsen, Reydon Hei.qhts, 265 Liberty Lane: I have reviewed some of the
paperwork that you received tonight and there is quite often reference to a right-of-way.
From my research, right-of-ways can be terminated in three ways, generally: sole
ownership of all properties involved, or agreement by all parties involved; and the third
requires action by a court. It seems to me that this may go in that direction. If actions
may determine an existing right-of-way, it's going to end up in the courts. I think that's
going to be an unnecessary expense. So, it's a concern. Thank you.
Martin Sidor: Thank you. Is there anyone else that wishes to address the Board?
Richard Vandenbur.qh, Esq., Foster & Vandenbur.qh for the Suttons, the applicant:
Good evening. I have seen you several times, I just want to reiterate for the record that
the Suttons do not want to do anything to terminate the right-of-way.
Martin Sidor: Thank you. Anyone else?
Joyce Gri,qonis, Columbia Road: When is a decision going to be made? This has gone
on long enough. Enough taxpayers money. I just want to know when.
Geor,qe Solomon: I think it would be unfair with all the information that was just
dumped on us today; all of that information has to be read, all of that information has to
be evaluated before we can make a decision. It would be unfair to the gentleman and
your attorney if we just made a decision arbitrarily right now.
Southold Town Planning Board Page Three July 13, 2009
Joyce Gri,qonis: I'm not asking you to do that. How about August 107 That's plenty of
time, right?
Martin Sidor: It will be determined at that meeting. That's my opinion; I don't know
about any other Board member here.
Joyce Gri,qonis: This has gone on so long and it's cost us a lot of money: besides the
Town. And we are having a problem with the budget already. So let's do something
about it.
Martin Sidor: Thank you. Is there anyone else?
Ken Edwards: I'd like to entertain a motion to keep the hearing open.
George Solomon: Second.
Martin Sidor: Motion made and seconded. Any discussion? All in favor?
Ayes.
CONSERVATION SUBDIVISIONS, STANDARD SUBDIVISIONS, RE-
SUBDIVISIONS (Lot Line Changes)
Conditional Final Determinations:
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 & Restrictions. The property is
located at 1500 Mary's Road on the n/elc/o CR 48 and Mary's Road in Mattituck.
SCTM#1000-114-5-1
Ken Edwards: I will offer the following resolution: WHEREAS, 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; and
WHEREAS, an application for Sketch Approval was submitted on November 9, 2006,
including the sketch plan prepared by John T. Metzger, L.S., dated November 2, 2006;
and
Southold Town Planninq Board Page Four July 13, 2009
WHEREAS, on July 18, 2007, the Board of Trustees issued a Letter of Non-jurisdiction
and
WHEREAS, on August 14, 2007, the Southold Town Planning Board started the
SEQRA lead agency coordination process for this Unlisted Action; and
WHEREAS, on August 14, 2007, the Southold Town Planning Board granted
Conditional Sketch Approval upon the map prepared by John T. Metzger, L.S., dated
June 29, 2006 and last revised on August 1, 2007; and
WHEREAS, on October 19, 2007, the applicant submitted the application for
Preliminary Plat Approval, one (1) copy of the Draft Declaration of Covenants and
Restrictions and the Preliminary Plat prepared by John T. Metzger, L.S., dated June 29
2006 and last revised on October 5, 2007; and
WHEREAS, on November 9, 2007, the applicant submitted a Letter of Water
Availability issued by the Suffolk County Water Authority; and
WHEREAS, the Southold Town Planning Board, acting under the State Environmental
Quality Review Act pursuant to 6 NYCRR Part 617, Section 617.7, established itself as
lead agency for the unlisted action and, as lead agency, granted a Negative Declaration
for the proposed action on November 19, 2007; and
WHEREAS, pursuant to Section 268-5 of the Southold Town Code, the Southold Town
Planning Board has reviewed the proposed action to the Town of Southold Local
Waterfront Revitalization Program and determined that the action is consistent with the
Town of Southold Local Waterfront Revitalization Program; and
WHEREAS, on December 10, 2007, the Southold Town Planning Board held the
Preliminary Hearing for the action; and
WHEREAS, on December 10, 2007, the Southold Town Planning Board granted
Conditional Preliminary Plat Approval upon the map prepared by John T. Metzger, L.S.,
dated as last revised October 5, 2007; and
WHEREAS, on May 27, 2008, the applicant submitted a letter requesting an additional
extension of time for Conditional Preliminary Plat Approval and the Planning Board
granted an extension effective June 11, 2008 until December 11, 2008; and
WHEREAS, all conditions outlined in the Conditional Preliminary Plat Approval have
been met; and
WHEREAS, on February 28, 2008, the New York State Department of Environmental
Conservation issued a Letter of Non-Jurisdiction for the proposed action; and
Southold Town Planning Board Pa.qe Five July 13, 2009
WHEREAS, on November 12, 2008, the Southold Town Planning Board coordinated
with the Suffolk County Planning Commission; and
WHEREAS, on November 13, 2008, the applicant submitted the application and fee for
Final Plat Approval; and
WHEREAS, on November 17, 2008, the Southold Town Planning Board held the Final
Public Hearing for the action; and
WHEREAS, the Final Public Hearing was closed; and
WHEREAS, on December 15, 2008, the Mattituck Fire District issued a letter requiring
that "all drives remain cleared and maintained"; and
WHEREAS, on December 22, 2008, the Suffolk County Department of Planning issued
five comments on the action and the Planning Board accepted all comments and
applied and incorporated them into action; and
WHEREAS, on June 22, 2009, the applicant submitted 14 paper and 5 mylar Final
Plats with Suffolk County Department of Health approval dated June 29, 2006 on the
plat prepared by John T. Metzger, L.S. dated as last revised May 18, 2009; be it
therefore,
RESOLVED, that the Southold Town Planning Board accept the Declaration of
Covenants and Restrictions filed with the Office of the Suffolk County Clerk on June 8,
2009 on Liber D00012590, Page 354;
William Cremers: Second the motion.
Martin Sidor: Motion made and seconded, all in favor?
Ayes,
Martin Sidor: Motion carries.
Ken Edwards: and be it further RESOLVED, that the Southold Town Planning Board
hereby grant Conditional Final Plat Approval upon the plat prepared by John T.
Metzger, L.S. dated as last revised May 18, 2009, subject to the fulfillment of the
following condition:
Submission of the Park and Playground Fee in the amount of $7,000 ($7,000 per
new lot created) or waiver of such fee approved by the Town Board.
William Cremers: Second.
Martin Sidor: Motion made and seconded, any discussion? All in favor?
Southold Town Plannin.q Board Pa.qe Six July 13, 2009
Ayes.
Martin Sidor:
Motion carries.
Conditional Preliminary Determinations:
Conkling Point Estates - This proposal is to subdivide a 7.725-acre parcel into four
lots, where Lot 1 equals 29,869 sq. ft., Lot 2 equals 29,869 sq. ft., Lot 3 equals 29,869
sq. ft., Lot 4 equals 29,869 sq. ft. and the open space parcel equals 4.1 acres,
excluding the area of wetlands. This project includes the transferring of 37,882 sq. ft. of
buildable lands from SCTM#1000-53-4-44.3 onto the subject property for the purposes
of establishing yield. The property is located on the w/s/o Kerwin Boulevard,
approximately 575' w/o August Lane in Greenport. SCTM#'s 1000-53-4-44.1 & 44.3
Joseph Townsend: WHEREAS, this proposal is to subdivide a 7.725-acre parcel into
four lots, where Lot 1 equals 29,869 s.f., Lot 2 equals 29,869 s.f., Lot 3 equals 29,869
s.f., Lot 4 equals 29,869 s.f. and the open space parcel equals 4.1 acres, excluding the
area of wetlands. This project includes the transferring of 37,882 s.f. of buildable lands
from SCTM# 1000-53-4-44.3 onto the subject property for the purposes of establishing
yield; and
WHEREAS, an application for sketch approval was submitted on January 6, 2006,
including the sketch plan prepared by Jeffery T. Butler, P.E., dated November 19, 2005;
and
WHEREAS, this application involves transferring density from SCTM#1000-53-3-44.3,
which is an approved lot on the Subdivision Map of August Acres (November 13, 1990),
onto SCTM# 1000-53-4-44.1; and
WHEREAS, the Planning Board reviewed this proposal at several Work Sessions to
discuss the proposed lay-out of the lots and determine whether or not the upland area
on SCTM#1000-53-4-44.3 can be transferred as a lot onto another parcel; and
WHEREAS, on December 28, 2005, the Letter of Water Availability from the Suffolk
County Water Authority was issued; and
WHEREAS, in a memorandum dated February 1, 2006, Planning Staff requested that
the Trustees verify the wetlands on both parcels in order to determine buildable lands
for the purpose of establishing yield for both parcels; and
WHEREAS, in a memorandum dated April 24, 2006, the Trustees indicated that the
wetlands were verified for both properties and that the flags are in the correct locations
for the delineation, with the exception of the area closest to the corner stake of Parcel
4; and
Southold Town Planning Board Page Seven July 13, 2009
WHEREAS, the Board of Trustees also indicated that the wetlands on SCTM#1000-53-
4-44.3 encumber approximately 50% of the lot and that it would not be possible to meet
the minimum setback requirements for the construction of a residence and sanitary
system; and
WHEREAS, the Board of Trustees advised that a more thorough review will be needed
to determine if the lot is buildable; and
WHEREAS, on August 11, 2006, the applicant submitted a revised sketch plan,
prepared by Jeffrey T. Butler, P.E., dated November 9, 2005 and last revised on August
4, 2006; and
WHEREAS, the Southold Town Planning Board reviewed the revised sketch plan and
discussed the open space options for the project at their Work Session on October 23,
2006 and determined that a more in-depth review by the Trustees is required in order to
adequately assess the ability to transfer the development from SCTM#1000-53-4-44.3
onto SCTM#1000-53-4-44.1; and
WHEREAS, on November 13, 2006, the Southold Town Planning Board determined
that they would issue Conditional Sketch Approval for this project, subject to a detailed
review by the Town Trustees; and
WHEREAS, on February 15, 2006, the applicant submitted a Stage I Archeological
Survey for Conkling Point Estates (February 2006) and the report concludes that no
further archeological investigation is necessary; and
WHEREAS, on November 14, 2006, the Southold Town Planning Board granted
Conditional Sketch Approval upon the map prepared by Jeffrey T. Butler, P.E., dated
November 9, 2005 and last revised on August 4, 2006; and
WHEREAS, on February 14, 2006, the Southold Town Planning Board started the
SEQRA lead agency coordination process for this Unlisted Action; and
WHEREAS, on May 9, 2006, Southold Town Planning Board, acting under the State
Environmental Quality Review Act pursuant to 6 NYCRR Part 617, Section 617.7,
established itself as lead agency; and
WHEREAS, on January 19, 2007, the Board of Trustees determined that the SCTM#
53-4-44.3 as buildable with restrictions; and
WHEREAS, on March 11, 2008, the Southold Town Planning Board, acting under the
State Environmental Quality Review Act pursuant to 6 NYCRR Part 617, Section 617.7,
as lead agency for the unlisted action granted a Negative Declaration for the proposed
action; and
WHEREAS, on November 7, 2008, the Greenport Fire Department was contacted; and
Southold Town Plannin,q Board Pa,qe Eight July 13, 2009
WHEREAS, no response from the Greenport Fire Department was received to date;
and
WHEREAS, on December 22, 2008, the Suffolk County Planning Commission issued
six comments on the action; and
WHEREAS, the Southold Planning Board accepted all of the comments and integrated
them within the application; and
WHEREAS, on March 11, 2009, the Town of Southold Local Waterfront Revitalization
Program Coordinator recommended that the action is consistent with the program,
subject to the following conditions:
1. The planting of three street trees on Lots 1 through 4 adjacent to Kerwin
Boulevard. Planted trees shall be guaranteed to survive for a period for
three years.
2. Require that all driveways be constructed of pervious materials; and
WHEREAS, on May 11, 2009, the Southold Town Planning Board held a public hearing
on the Preliminary Plat prepared by Jeffrey T. Butler, P.E., dated November 9, 2005
and last revised January 24, 2008; and
WHEREAS, on June 8, 2009, the public hearing was closed; and
WHEREAS, on June 12, 2009, comments were received by the Office of the Town
Engineer, and the Southold Town Planning Board accepted all of the comments; be it
therefore
RESOLVED, that the Southold Town Planning Board has determined the proposed
action to be consistent with the Town of Southold Local Waterfront Revitalization
Program, as recommended by the LWRP Coordinator;
Geor.qe Solomon: Second.
Martin Sidor: Motion made and seconded; any discussion? All in favor?
Ayes.
Martin Sidor: Motion carries.
Joseph Townsend: and be it further RESOLVED, that the Southold Town Planning
Board hereby grant Conditional Preliminary Approval on the plat prepared by Jeffrey
T. Butler, P.E. dated November 9, 2005 and last revised January 24, 2008, subject to
the following conditions:
Southold Town Plannin,q Board Pa,qe Nine July 13, 2009
1. Submittal of the required Park and Playground Fee pursuant to Southold Town
Code§240-53(G) in the amount of $21,000.00.
Open Space Conservation Easement pursuant to §240-44 Protection and Use
of Open Space Lands Created by Cluster Development of the Southold Town
Code for Planning Board review. The easement will apply to the subdivision
open space located on 1000-53-4-44.1 and 1000-53-4-44.3. The allowable uses
on each parcel will be determined by the Planning Board.
3. Submission of the Draft Declaration of Covenants and Restrictions submitted on
February 23, 2009 with the following amendments:
Add Clause: Three street trees shall be planted on Lots 1 through 4
adjacent to Kerwin Boulevard. Planted trees shall be planted in
conformance with § 161-44. Street trees. Of the Southold Town Code
and guaranteed to survive for a period for three years. (The
recommended species in Green Ash)
b. Add Clause: All driveways shall be constructed of pervious materials.
Add Clause: "These Covenants and Restrictions can be modified only
at the request of the then owner of the premises with the approval of a
majority plus one of the Planning Board of the Town of Southold
following a public hearing".
4. Amend the plat to include the comments listed below made by the Office
of the Town Engineer in the June 3, 2009 Engineers Report:
This proposed subdivision will use an existing Town Road for
access to each new lot. Each driveway access shall be
constructed to meet the minimum requirements listed in the
Highway Specifications. Essentially, the driveway apron
adjacent to the Town Road should be constructed with a four
(4") inch layer of stone blend over a stabilized base. This
would then be covered with an Asphalt Binder Course (2.5") &
an Asphalt Wearing Course (1.5"). The existing road must be
saw-cut as needed and the work shall require the approval of
the Highway Superintendent.
Because this property is immediately adjacent to wetlands, the
installation of drainage structures within the road shoulder
area will be required. This item should be reviewed by the
applicants engineer and provisions should be made to add
drainage to the existing Town roadway subject to the approval
of the Highway Superintendent. Drainage structures shall be
shown on the Final Plat.
Southold Town Planning Board PaRe Ten July 13, 2009
5. Submission of the Final Plat with the following amendments:
a. Lot 4: The 150' wetland setback line encroaches into the building
envelope of Lot 4. Please amend the plat, locating the setback line
outside of the building envelope.
b. Amend the Final Plat to read "Final Plat for the Standard Subdivision
of Conkling Point Estates".
6. Submission of a Final Plat Application and all required materials.
Kenneth Edwards: Second the motion.
Martin Sidor: Motion made and seconded; any discussion? All in favor?
Ayes.
Martin Sidor: Motion carries.
Setting of Final Hearings:
Harbes, Peter- This is a proposed conservation subdivision of a 22.1659-acre parcel
into four (4) lots. Lot 1 equals 1.2650 acres (55,100 sq. ft., Lot 2 equals 1.2650 acres
(55,100 sq. ft.), Lot 3 equals 1.2580 acres (54,800 sq. ft.) and Lot 4 equals 18.3779
acres (800,544 sq. ft.) from which The Town of Southold will purchase the Development
Rights in August 2009 for the purpose of farmland preservation. The property is located
at 5645 Aldrich Lane in Laurel. SCTM#1000-120-3-11.11
George Solomon: WHEREAS, this is a proposed conservation subdivision of a
22.1659-acre parcel into four (4) lots where Lot 1 equals 1.2650 acres (55,100 square
feet, Lot 2 equals 1.2650 acres (55,100 square feet), Lot 3 equals 1.2580 acres (54,800
square feet) and Lot 4 equals 18.3779 acres (800,544 square feet) from which the
Town of Southold will purchase the Development Rights in August 2009 for the purpose
of farmland preservation; and
WHEREAS, an application for sketch approval was submitted on June 26, 2009,
including the sketch plan prepared by Howard W. Young, L.S. dated May 27, 2009; and
WHEREAS, on July 6, 2009, the Southold Town Planning Board, reviewed and
accepted the application for formal review; and
Southold Town Plannin,q Board Pa,qe Eleven July 13, 2009
WHEREAS, on July 8, 2009, referrals were sent to the following agencies for comment
on the above-referenced project:
· Town of Southold Engineer
· Town of Southold LWRP Coordinator
· Suffolk County Planning Commission; be it therefore
RESOLVED, that the Southold Town Planning Board set Monday, August 10, 2009 at
6:00 p.m. for a final public hearing on the Sketch Plat prepared by Howard W. Young,
L.S. dated May 27, 2009.
William Cremers: Second.
Martin Sidor: Motion made and seconded; any discussion? All in favor?
Ayes.
Martin Sidor: Motion carries.
Sketch Determinations:
Latham, Edward - This is a proposed clustered standard subdivision of a 127-acre
parcel into 2 lots where Lot 1 would equal 124.05 acres, of which Development Rights
have been sold for 114 acres and is improved with agricultural buildings; Lot 2 would
equal 2.95 acres and is improved with a single-family residence and garage. The
property is located in the R-200 Zoning District at 31900 Main Road in Orient.
SCTM #'s 1000-19-1-7.4 & 7.5
William Cremers: WHEREAS, this is a proposed standard subdivision of a 127-acre
parcel into two lots where Lot 1 would equal 124.05 acres of which Development Rights
have been sold for 114 acres and is improved with agricultural buildings and Lot 2 is
equal to 2.95 acres and is improved with a single-family residence and garage in the R-
200 Zoning District; and
WHEREAS, on June 4, 2009, the applicant's agent sent a letter amending the concept
plan to subdivide the 124.05-acre parcel into two lots; and
WHEREAS, the Southold Town Planning Board reviewed the concept plan at their July
6, 2009 Work Session and accepted the concept; and
WHEREAS the Southold Town Planning Board classifies the proposed action as a
clustered standard subdivision with recognition of the past Development Rights Sale on
the property and, as such, agrees to waive the following sections of the Southold Town
Code:
Southold Town Plannin.q Board Pa,qe Twelve July 13, 2009
1. {}240-10, A Existing Resources and Site Analysis Plan(s) (ERSAP)
Requirements except items:
(c) Water resources:
[1] Wetlands pursuant to the Freshwater Wetlands Act, Environmental
Conservation Law (ECL) {}24-0101, et seq., the Tidal Wetlands Act, ECL
§25-0101, et seq., and Chapter 275, Wetlands and Shoreline.
(d) Flood-prone areas as shown on Federal Emergency Management
Agency (FEMA) maps and other information pursuant to Chapter 148 of
the Town Code (Flood Damage Prevention); and
WHEREAS, the Southold Town Planning Board agreed to waive {}240-10 Technical
Requirements, B Yield Plan of the Southold Town Code in lieu of mathematical
calculations showing that the requirements of a standard subdivision have been met; 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,
establish itself as Lead Agency for the Unlisted Action and, as Lead Agency, will
perform an uncoordinated review of the action;
Kenneth Edwards: Second.
Martin Sidor: Motion made and seconded; any discussion? All in favor?
Ayes.
Martin Sidor: Motion carries.
William Cremers: and be it further RESOLVED, that the Southold Town Planning
Board hereby grant Sketch Approval upon the map entitled "Survey of Property
Situate: Orient", dated November 19, 2006 prepared by John C. Ehlers, Land Surveyor.
Joseph Townsend: Second.
Martin Sidor: Motion made and seconded; any discussion? All in favor?
Ayes.
Martin Sidor: Motion carries.
Mazzaferro, Karen - This is a proposed standard subdivision of a 4.28-acre parcel into
3 lots, where Lot 1 equals 41,994 sq. ft., Lot 2 equals 43,631 sq. ft., and Lot 3 equals
90,023 sq. ft, in the R-40 Zoning District. The property is located on the e/s/o Horton's
Lane in Southold. SCTM#1000-63-1-12
Southold Town Plannin.q Board Pa.qe Thirteen July 13, 2009
Kenneth Edwards: I will offer the following resolution: WHEREAS, this proposal is to
subdivide a 4.28-acre parcel into 3 lots, where Lot 1 equals 41,994 sq. ft., Lot 2 equals
43,631 sq. ft., and Lot 3 equals 90,023 sq. ft., in the R-40 Zoning District; and
WHEREAS, an application for sketch approval was submitted on April 3, 2006 with a
plan prepared by John T. Metzger, L.S., dated July 6, 2005; and
WHEREAS, on May 11, 2006, the applicant submitted a revised sketch plan prepared
by John T. Metzger, L.S., dated July 6, 2005 and last revised on November 28, 2005;
and
WHEREAS, on September 15, 2006, the applicant was advised by the Southold Town
Planning Board that the project as proposed would require variances from the Zoning
Board of Appeals to allow existing accessory structures to be located within the front
yard plus any other setback relief as may be determined; and
WHEREAS, based upon the above, the applicant was advised they should obtain a
Notice of Disapproval from the Southold Town Building Department so that they may
make an application to the Zoning Board of Appeals; and
WHEREAS, on January 8, 2007, the Southold Town Planning Board discussed a
revised proposed lay-out for the proposed project; and
WHEREAS, on March 8, 2007, the applicant submitted five (5) copies of a revised
sketch plan; and
WHEREAS, on October 3, 2007, the Town of Southold Planning Board advised the
applicant that based upon a review of the revised proposed lay-out for the above-
referenced project at their October 1,2007 Work Session, the Planning Board agreed
to allow the property owner to keep the existing driveway on Lot 1 in addition to the
proposed common driveway that will serve Lots 2 and 3, but that the revised lay-out
necessitates lot width and depth variances from the Zoning Board of Appeals; and
WHEREAS, on November 14, 2007, the Southold Town Planning Board agreed to
allow a flag lot for the rear lot (Lot 3) which will contain the driveway easement for Lot 2
and that this driveway wilt not be a front yard for Lot 2; and
WHEREAS, a Notice of Disapproval was issued by the Southold Town Building
Department on December 17, 2007 for insufficient lot width; and
WHEREAS, on February 5, 2008, the Southold Town Zoning Board of Appeals
requested comments from the Southold Town Planning Board on the above-referenced
proposed subdivision; and
WHEREAS, on April 10, 2008, the Southold Town Zoning Board of Appeals granted the
area variance requested by the applicant; and
Southold Town Plannin.q Board Pa.qe Fourteen July 13, 2009
WHEREAS, on July 21,2008, the Southold Town Planning Board, at their Work
Session, reviewed the proposed project and requested that the applicant submit an
abbreviated/streamlined ERSAP with specific requirements outlined in a letter to the
applicant dated July 22, 2008; and
WHEREAS, on August 28, 2008, the applicant was advised of the necessity for a New
York State Office of Parks, Recreation and Historic Preservation review of the proposed
project to determine if a Phase I Archeological Review was required; and
WHEREAS, on October 14, 2008, the Southold Town Planning Board advised the
applicant that an "L" shaped or "T" shaped turnaround would be acceptable in lieu of a
larger cimular turnaround originally proposed for Lot 3 at the end of the common
driveway; and
WHEREAS, on November 17, 2008, the applicant requested that the Southold Town
Planning Board consider not requiring a full Phase I Amheological Study/Review for this
project as requested by New York State Office of Parks, Recreation and Historic
Preservation and instead allow for a Covenant and Restriction to be placed on the
property that would require an archeologist be present at the time of the excavation for
the foundation of any structures to be built on site; and
WHEREAS, on March 3, 2009, the Southold Town Planning Board agreed to waive the
Phase I Archeological Review/Study as allowed per {}240-56 of the Southold Town
Code (Waivers of Certain Provisions) and because no federal or state permits are
required for this proposed subdivision overall; and
WHEREAS, on March 18, 2009, referrals for comments regarding the above-referenced
project were sent to the following:
· Southold Fire District
· Southold Town Engineer
· LWRP Coordinator; and
WHEREAS, on March 24, 2009, the applicant submitted four (4) copies of the Plan and
Profile for the right-of-way and drainage in connection with the proposed subdivision for
review by the Southold Town Engineer; and
WHEREAS, on April 17, 2009, the Southold Fire District responded that there is
adequate fire/emergency access for the above-referenced proposed subdivision; and
WHEREAS, on May 8, 2009, the LWRP Coordinator provided comments and
recommendations for the above-referenced proposed subdivision; and
WHEREAS, on June 1,2009, the Southold Town Engineer provided a review and
comments for the above-referenced proposed subdivision; and
Southold Town PlanninR Board PaRe Fifteen July 13, 2009
WHEREAS, on June 8, 2009, the Southold Town Planning Board reviewed the referrals
submitted by the Southold Fire District, the Southold Town Engineer and the LWRP
Coordinator and accepted the comments and recommended that Sketch Approval be
granted at the July 13, 2009 Public Meeting of the Southold Town Planning Board; be it
therefore
RESOLVED, that the Southold Town Planning Board hereby grant Sketch Approval on
the map prepared by John T. Metzger, L.S., dated July 6, 2005 and last revised on
January 27, 2009.
William Cremers: Second.
Martin Sidor: Motion made and seconded; any discussion? All in favor?
Ayes.
Martin Sidor: Motion carries.
Morrel, Owen - This proposal is to subdivide a 12.03-acre parcel into 2 parcels where
Lot 1 totals 80,285 sq. ft. and Lot 2 totals 127,686 sq. ft. with an existing single-family
residence and associated accessory structures in the P,-80 Zoning District. The
remaining acreage will remain as open space. The parcel is located at 3945 Sound
View Avenue on the n/s/o Sound View Avenue, 1,700' e/o Diamond Lane in Peconic.
SCTM#1000-68-1-15.1
Joseph Townsend: WHEREAS, this proposal is to subdivide a 12.03 acre parcel into
two parcels where Lot 1 totals 80,285 sq. ft. and Lot 2 totals 127,686 sq. ft. with an
existing single-family residence and associated accessory structures in the R-80 Zoning
District; and
WHEREAS, an application for Sketch Approval was submitted on April 10, 2007,
including the Sketch Plan prepared by John C. Ehlers, L.S., dated February 11, 2004;
and
WHEREAS on May 23, 2007, the applicant was advised that the application was
incomplete pending the submission of a completed Environmental Assessment Form
Part 1 and LWRP Consistency Assessment Form along with a revised ERSAP
indicating the Coastal Erosion Hazard (CEHA) Line, top of bluff and 30-foot Right-of-
Way to determine the amount of buildable lands; and
WHEREAS, on June 6, 2007, the applicant submitted an LWRP Consistency
Assessment Form and a Full Environmental Assessment Form; and
Southold Town Planning Board Page Sixteen July 13, 2009
WHEREAS, on August 2, 2007, the Southold Town Trustees requested that the
applicant submit a survey depicting the top of bluff line at which time a site inspection
would be conducted by the Southold Town Trustees; and
WHEREAS, on August 29, 2007, the Southold Town Trustees provided an Inspection
Report regarding the top of bluff line and dune crest and identified the beach, bluff,
primary dune, interdunal swale and secondary dune; and
WHEREAS, on September 5, 2007, the applicant was notified of the results of the
Trustee Inspection and that any activity within 100-feet of the secondary dune would
require further review by the Southold Town Planning Board and Southold Town
Trustees; and
WHEREAS, on December 11, 2007, a request was sent to the applicant to submit a
revised ERSAP; and
WHEREAS, on June 24, 2008, a second request was made to the applicant to submit a
revised ERSAP; and
WHEREAS, on July 21, 2008, a letter was sent to John C, Ehlers providing information
on correctly determining yield and requesting that a Yield Plan be submitted for this
project; and
WHEREAS, on March 11, 2009, three (3) copies of a Yield Plan were submitted by the
applicant; and
WHEREAS, on April 3, 2009, five (5) copies of a revised Yield Plan and three (3) copies
of an ERSAP were submitted by the applicant; and
WHEREAS, on April 13, 2009, a Title Search was submitted by the applicant for his
property; and
WHEREAS, on April 20, 2009, the Southold Town Planning Board officially accepted
the completed application submitted on April 3, 2009 consisting of the ERSAP, the
Yield Plan and the subdivision map for formal review; and
WHEREAS, on May 4, 2009, referrals for this proposed standard subdivision were sent
to the following:
· Southold Fire District
· Suffolk County Planning Commission
· Southold Town Engineer
· LWRP Coordinator; and
WHEREAS, on May 27, 2009, the Southold Fire District responded and stated that
there is adequate fire protection/emergency access for the proposed project; and
Southold Town Plannin.q Board Pa,qe Seventeen July 13, 2009
WHEREAS, on June 1,2009, the Suffolk County Planning Commission responded with
no comment and instead requested that the project be referred back to them at either
the Preliminary or Final Stage for further comment; and
WHEREAS, on June 15, 2009, the Southold Town Planning Board reviewed the
referrals submitted to date and the application and recommended that Sketch Approval
be granted at the July 13, 2009 Public Meeting of the Southold Town Planning Board;
be it therefore
RESOLVED, that the Southold Town Planning Board hereby grant Sketch Approval on
the map prepared by John C. Ehlers, L.S., dated February 11, 2004 and last revised
July 8, 2009.
Geor.qe Solomon: Second.
Martin Sidor: Motion made and seconded; any discussion? All in favor?
Ayes.
Martin Sidor: Motion carries.
Conditional Sketch Determinations:
Batta.qlia, Joseph & Heidi - This is a 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. The property is located on the w/s/o Hobart Road, approximately 1,059'
n/o Terry Lane in Southold. SCTM#1000-64-3-3
Geor.qe Solomon: WHEREAS, this proposal is for a standard subdivision to subdivide
95,848 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, an application for Sketch Approval was submitted on November 3, 2008;
and
WHEREAS, on January 21, 2009, the Board of Trustees approved a permit under the
provisions of Chapter 275 of the Southold Town Code, the Wetland Ordinance of the
Town of Southold; and
WHEREAS, on February 23, 2009, the Southold Town Planning Board acting under the
State Environmental Quality Review Act pursuant to 6 NYCRR Part 617, Section 617.7,
established itself as lead agency for the Unlisted Action; and
Southold Town Plannin.q Board Pa.qe Ei,qhteen July 13, 2009
WHEREAS, on April 27, 2009 the Southold Town Planning Board resolved to waive the
prohibition on disturbance of existing conditions to allow for the demolition of an existing
barn, and again on June 9, 2009 to allow for the demolition of an existing house and
construction of a new house; be it therefore
RESOLVED, that the Southold Town Planning Board hereby grant Conditional Sketch
Approval upon the map entitled "Standard Subdivision of Joseph & Heidi Battaglia"
dated May 28, 2008 and last revised April 18, 2009, prepared by Nathan Taft Corwin III
L.S., subject to the following conditions:
1. Submission of a Preliminary Plat Plan application package to include
Preliminary Maps that contain the following revisions:
a. Show the amount of clearing for each of the lots pursuant to Section
240-46(C) of the Town Code.
Show building envelope with setbacks from property lines. Designate
front, side, or rear yard and have dimensions reflect the setback
designated by the applicant.
Six Draft Preliminary Drainage Plans showing all typical plans, sections,
profiles, details and design calculations as needed or required to indicate
the proposed construction and/or development.
a. Drainage Plans shall show all metes and bounds descriptions indicating
street and drainage areas as well as
b. The size and type of road systems pursuant to Chapter 161,
Highway Specifications, of the Code.
3. Where indicated or required, Road and Drainage Plans shall include but not
be limited to the following:
a. Fire wells or fire hydrants.
b. Topographical contours at an interval that will accurately depict
the slope and contour of the site.
c.Drainage calculations and design indicating all drainage
structures and locations.
d. All existing and proposed easements indicating width, area and
purpose.
4. The following conditions of the Board of Trustees Permit need to be
stated on the plan:
Southold Town PlanninR Board Pa.qe Nineteen July 13, 2009
a. Haybales with silt fencing along 10-foot contour line.
b. Show 30-foot non-disturbance high-water mark.
c. Identify significant trees on site and identify which are to be
trimmed, removed or to remain.
d. As part of the subdivision, the applicant shall maintain run-off on
site by installing gutters, leaders and or drywells.
William Cremers: Second the motion.
Martin Sidor: Moved and seconded; any discussion? All in favor?
Ayes.
Martin Sidor: Motion carries.
SITE PLANS
Final Extensions:
Matt-A-Mar Marina Expansion - This amended site plan is for a new boat storage
building of 28,480 sq. ft. and a new 2-story office of 6,778 sq. ft. on an 8.5-acre parcel
in the M-II Zone located on the w/s/o Wickham Avenue, approximately 210' n/o
Freeman Avenue, known as 2255 Wickham Avenue in Mattituck. SCTM#1000-114-3-1
William Cremers: WHEREAS, this site plan is for a new boat storage building of 28,480
sq. ft. and a new 2-story office with storage of 5,738 sq. ft. on an 8.5-acre parcel in the
M-II Zone located approximately 210' n/o Freeman Avenue, on the w/s/o Wickham
Avenue, known as 2255 Wickham Avenue, Mattituck, SCTM#1000-114-3-1; and
WHEREAS, Matt-A-Mar Marina, LLC, is the applicant and owner of the 8.5-acre parcel
in the M-II Zone located approximately 210' n/o Freeman Avenue, on the w/s/o
Wickham Avenue, known as 2255 Wickham Avenue, Mattituck; and
WHEREAS, the Southold Town Planning Board granted approval on the site plan
prepared by East End Design Associates, LLC. and certified by James J. Deerkoski,
Professional Engineer, dated January 18, 2004 and last revised January 9, 2006, and
authorized the Chairperson to endorse the approved site plans with the following
conditions:
Southold Town Planning Board Page Twenty July 13, 2009
1)
The owner, agent and/or applicant shall receive approval from the Suffolk County
Department of Health Services for the approved construction and submit such
approval to the Southold Town Planning Department for review. If such approval
varies from this approved amended site plan, the Planning Board reserves the
right to the review of a new and amended site plan application.
2) The site plan approval requires that all work proposed on the plan shall be
completed within three (3) years from the date of this resolution.
3)
Prior to the request of the Certificate of Occupancy, the owner or authorized
agent must request the said Building Inspector and the Planning Board to
perform an on-site inspection to find the site improvements are in conformity with
the approved site plan.
4)
If the as-built site improvements vary from the approved site plan, the Planning
Board reserves the right to request a certified as-built site plan detailing all
changes.
5)
Any changes from the approved site plan shall require Planning Board approval
and any such changes without Planning Board will be subject to referral to the
Town Attorney's Office for possible legal action.
6)
The owner shall submit to the Planning Department for review by the
Architectural Review Committee the siding and roof materials for the office prior
to construction and installation.
7) The owner shall be subject to all the requirements of the Southold Town Zoning
Board of Appeals variance approval under Appeal Number 5494.
8) The owner shall apply for and obtain a Southold Town Road Opening Permit
prior to construction of the hydrant.
9)
The owner shall be subject to all the requirements of the Southold Town
Engineer recommendations noted on the letters dated November 30, 2005 and
December 16, 2005.
10) The owner shall be subject to all the requirements of the Southold Town
Trustees approval under Permit Number 5844; and
WHEREAS, in a letter, dated September 10, 2008, the agent, Patricia Moore, Esq.,
requested an extension of site plan approval; and
WHEREAS, on September 23, 2008, the Southold Town Planning Board granted an
Extension of Approval on the site plan prepared by East End Design Associates, LLC,
and certified by James J. Deerkoski, Professional Engineer, dated January 18, 2004
and last revised January 9, 2006 from February 9, 2009 to August 9, 2009; and
Southold Town Plannin.q Board Pa.qe Twenty-One July 13, 2009
WHEREAS, in a letter dated June 6, 2009, the agent, Patricia Moore, Esq., requested
an additional extension of site plan approval; be it therefore
RESOLVED, that the Southold Town Planning Board grant an Extension of Approval
from August 9, 2009 to February 9, 2010 on the site plan prepared by East End
Design Associates, LLC, and certified by James J. Deerkoski, Professional Engineer
dated January 18, 2004 and last revised January 9, 2006.
Geor.qe Solomon: Second.
Martin Sidor: Motion made and seconded; any discussion? All in favor?
Ayes.
Martin Sidor: Motion carries.
SITE PLANS - STATE ENVIRONMENTAL QUALITY REVIEW ACT
Determinations:
Joint Industry Board of the Electrical Industry - This site plan is for the proposed
construction of an 18,000 sq. ft. meeting/conference facility and interior alterations of an
existing motel, restaurant, pool and pool house on a conforming 12.3-acre site partially
located in the Resort Residential and Agricultural Conservation Zoning Districts. The
property is located at 3800 Duck Pond Road, on the e/s/o Duck Pond Road,
approximately 450' e/o Depot Lane in Cutchogue. SCTM#1000-83-2-17.3
Kenneth Edwards: I will offer the following resolution: WHEREAS, this site plan is for the
proposed construction of an 18,000 sq. ft. meeting/conference facility and interior alterations
of an existing motel, restaurant, pool and pool house on a conforming 12.3-acre site partially
located in the Resort Residential and Agricultural Conservation Zoning Districts.
SCTM#1000-83-2-17.3; and
WHEREAS, an application for a site plan was submitted on November 14, 2008, including
the site plan prepared by Harvey Bienstock, P.E., dated August 8, 2008; and
WHEREAS, on February 03, 2009, the Southold Town Planning Board accepted the
application for review; and
WHEREAS, the Southold Town Planning Board, pursuant to Part 617, Article 6 of the
Environmental Conservation Law acting under the State Environmental Quality Review
Act, initiated the SEQR lead agency process for this unlisted action on February 4,
2009; be it therefore
Southold Town Planninq Board Page Twenty-Two July 13, 2009
RESOLVED, that the Southold Town Planning Board, acting under the State
Environmental Quality Review Act, performed a coordinated review of this Unlisted
Action. The Planning Board establishes itself as lead agency and, as lead agency,
makes a determination of non-significance and grants a Negative Declaration.
William Cremers: Second the motion.
Martin Sidor: Motion made and seconded; any discussion. All in favor?
Ayes.
Martin Sidor: Motion carries.
APPROVAL OF PLANNING BOARD MINUTES
Martin Sidor: Is there anyone from the Board who wishes to get anything on the record
for the minutes? Hearing none, I will entertain a motion to accept the minutes of the
Special Meeting of the Board on June 22, 2009.
William Cremers: So moved.
Joseph Townsend: Second.
Martin Sidor: Moved and seconded; any discussion? All in favor?.
Ayes.
Martin Sidor: Motion carries. We need a motion to adjourn.
George Solomon: I make a motion to adjourn the meeting.
Joseph Townsend: Second.
Martin Sidor: Motion made and seconded. Any discussion? All in favor?
Ayes.
Martin Sidor: The meeting is adjourned.
Southold Town Plannin.q Board Pa.qe Twenty-Three July 13, 2009
There being no further business to come before the meeting, it was ADJOURNED at
6:17 p.m.
Respectfully submitted,
Linda Randolph, Tr~a~
Martin H. Sidor, Chair