HomeMy WebLinkAboutPB-09/14/2009PLANNING 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
Present were:
PUBLIC MEETING MINUTES
Monday, September 14, 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, Planner
Carol Kalin, Secretary
SETTING OF THE NEXT PLANNING BOARD MEETING
Martin Sidor: Good evening, I call this meeting to order and welcome to the Southold
Town Planning Board regular scheduled Public Meeting. For our first order of
business, I would like to set Tuesday, October 13, 2009 at 6:00 p.m. at the Southold
Town Hall, Main Road, Southold, as the time and place for the next Planning Board
Meeting.
William Cremers: So moved.
George Solomon: Second.
Martin Sidor: Motion made and seconded. Any discussion? All in favor?
Ayes.
Martin Sidor: Motion carries.
Southold Town Planning Board Page Two September 14, 2009
PUBLIC HEARINGS
6:00 p.m. - N & L Properties, LP - This site plan is for the construction of an 8,635 sq.
ft. building for the purposes of a private wine-making facility on a 31.07-acre parcel in
the A-C & R-80 Zoning Districts. The property is located at 8850 Bridge Lane, on the
n/s/o Bridge Lane at the intersection of Oregon Road, Cutchogue. SCTM#1000-73-2-4
Martin Sidor: Is there anyone in the audience that wishes to address this application?
Please step forward to either microphone, state your name and address.
Kirk Lehman, 184 Main Street, Southampton, NY: We are the architects for the
applicant. As you had mentioned, it is a non-public wine tasting facility. Our client is
using it for private manufacture of wine which he exports and sells wholesale; he does
not do any retail, any events, anything like that. The facility as designed has no space
other than for winemaking facilities. It is currently in the field that is planted crop
established for nearly 10 years. The building is set back nearly 400' from Bridge Lane
and is sheltered from Bridge Lane by the existing crop. We have images if anybody
would like to see them. The nearest adjoining property line is 500' away, set back from
that. We have received approval from Suffolk County Wastewater Management for the
project as of this past week, so that basically non-public facility, agricultural use,
allowable use. Thank you.
Martin Sidor: Thank you. Anyone else wish to address this application? Hearing none,
Ken Edwards: rd like to make a motion that the hearing be closed on this application.
George Solomon: Second.
Martin Sidor: Motion made and seconded. Any discussion? All in favor?
Ayes.
Martin Sidor: Motion carries.
Ken Edwards: Mr. Chairman, I would like to offer the following resolution: WHEREAS, this
site plan is for the construction of an 8,635 square foot building for the purposes of a private
wine-making facility on a 31.07 acre parcel in the A-C and R-80 Zoning Districts; and
WHEREAS, on May 11, 2009, the Planning Board accepted this application; and
WHEREAS, on May 15, 2009, the Planning Board, pursuant to Southold Town Code
§280-131 C., distributed the application to agencies having jurisdiction for their
comments, and the following agencies responded: Town Engineer, Architectural
Review Committee, LWRP Coordinator, Suffolk County Planning Commission & the
Cutchogue Fire Commissioners; and
Southold Town Planning Board PaRe Three September 14, 2009
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 August 31, 2009, the Southold Town Building Inspector reviewed the
plan and certified that the proposed use as a winery is a permitted use in the A-C and
R-80 Zoning Districts; and
WHEREAS, the Southold Town Planning Board, pursuant to §280-133 C. of Southold
Town Code, has the discretion to waive any or all of the requirements in §280-133 for
those applications involving uses strictly related to agriculture, where those
requirements are not necessary to further the objectives set forth in Town Code §280-
129, and maintain public health, safety, and welfare. The Planning Board has found
that requiring the entire set of site plan application requirements for this site is not
necessary for the following reasons: the application is for an agricultural use, will not be
open to the public, is surrounded by farmland, and the parcel is large in size relative to
the proposed and existing structures (0.9% lot coverage); and
WHEREAS, on September 14, 2009, there was a public hearing which was closed;
therefore, be it
RESOLVED, that the Planning Board hereby waives the site plan application
requirements, except for the following items:
§280-133 A. (1), (2), and (4), B. (1) (a)-(k), B. (3) (a)-(d),B. (4) (a)-(i);
Georqe Solomon: Second.
Martin Sidor: Motion made and seconded. Any discussion? All in favor?
Ayes.
Martin Sidor: Motion carries.
Ken Edwards: and be it further RESOLVED, that on May 11,2009, 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;
William Cremers: Second.
Martin Sidor: Motion made and seconded. Any discussion? All in favor?
Ayes.
Martin Sidor: Motion carries.
Southold Town Planning Board Page Four September 14, 2009
Ken Edwards: 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 July 20, 2009 memo prepared by the LWRP Coordinator;
William Cremers: Second.
Martin Sidor: Motion made and seconded. Any discussion? All in favor?
Ayes.
Martin Sidor: Motion carries.
Ken Edwards: and be it further RESOLVED, that the Southold Town Planning Board
grant approval, and authorizes the Chairman to endorse the site plan entitled
"Proposed Wine Making Facility for N & L Properties", prepared by A+M+L Architecture,
dated May 11, 2009 and last revised September 14, 2009, with the following condition
to be written on the plan:
This site is designed and approved for wine-making only, and shall not be open to
the public for any reason including events and wine-tasting.
Please also note the following required by Town Code:
Any outdoor lighting shall be shielded so the light source is not visible from
adjacent properties and roadways. Lighting fixtures shall focus and direct the
light in such a manner as to contain the light and glare within property
boundaries.
Approved site plans are valid for three years from the date of approval, within
which time all proposed work must be completed, unless an extension is granted
by the Planning Board.
3. Any changes from the approved site plan shall require Planning Board approval.
Prior to the issuance of a Certificate of Occupancy, the Planning Board must
inspect the site to ensure it is in conformity with the approved site plan, and issue
a final site inspection approval letter. Should the site be found not in
conformance with the approved site plan, no Certificate of Occupancy may be
issued unless the Planning Board approves the changes to the plan.
Joseph Townsend: Second.
Martin Sidor: Motion made and seconded. Any discussion? All in favor?
Ayes,
Southold Town Planning Board Page Five September 14, 2009
Martin Sidor: Motion carries.
CONSERVATION SUBDIVISIONS, STANDARD SUBDIVISIONS, RE-
SUBDIVISIONS (Lot Line Changes)
Conditional Final Determinations:
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 Suffolk County for the purpose of farmland preservation. The property is
located on the s/s/o NYS Route 25 and the n/s/o Leslie's Road, approximately 1,500'
e/o Bay Avenue in Peconic. SCTM #'s 1000-97-10-1 & 85-3-12.1 & 12.2
Joseph Townsend: 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 upon which the Development Rights to 21.22 acres have
been sold to the County of Suffolk and 11,328 square feet of clustered subdivision open
space exist on Lot 3; 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
WHEREAS, on October 16, 2007, the Southold Town Planning Board granted
Conditional Sketch Approval upon the map prepared by John C. Ehlers, L.S., dated
May 23, 1997 and last revised on April 16, 2007; and
WHEREAS, the Southold Town Planning Board granted an extension of Conditional
Sketch Approval from November 19, 2007 to May 19, 2008; and
WHEREAS, on August 13, 2007, 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; and
WHEREAS, on November 20, 2007, the Southold Town Planning Board acting as lead
agency, made a determination that this was an unlisted action requiring an
uncoordinated review and, as such, granted a Negative Declaration; and
WHEREAS, all of the conditions outlined in the Conditional Sketch Approval, dated May
23, 2007, have been satisfied; and
WHEREAS, on October 10, 2008, the Suffolk County Department of Health Services
issued a permit for the proposed conservation subdivision; and
Southold Town Plannin.q Board Pa.qe Six September 14, 2009
WHEREAS, on August 13, 2008, an application for Final Approval was submitted; and
WHEREAS, on August 13, 2008, a Park and Playground Fee in the amount of
$7,000.00 was submitted by the applicant pursuant to Southold Town Code §240-
53(G); and
WHEREAS, on Monday, January 12, 2009, a public hearing was held and closed on
the Final Plat prepared by John C. Ehlers, L.S., dated May 23, 1997 and last revised on
October 29, 2008; and
WHEREAS, on March 11, 2009, the Southold Fire District determined that adequate
fire protection and emergency access exist for this proposed conservation subdivision;
and
WHEREAS, on May 22, 2009, the Suffolk County Planning Commission determined
that the proposed conservation subdivision was a matter for local determination; and
WHEREAS, on June 22, 2009, 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 as outlined in the
May 6, 2009 memo prepared by the LWRP Coordinator; and _
WHEREAS, on August 11, 2009, the Southold Town Engineer reviewed and
recommended, and the Planning Board agreed, that vegetated drainage swales be
placed along the north side of the two proposed residential lots to contain water runoff
from the farm onto those lots and that this recommendation is reflected in the
Covenants and Restrictions; be it therefore
RESOLVED, that the Southold Town Planning Board hereby accept the
recommendations and consistency determination of the Local Waterfront Revitalization
Program;
Georqe Solomon: Second the motion.
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 Final Approval, on the map prepared by John C.
Ehlers, L.S., dated May 23, 1997 and last revised on October 29, 2008, subject to the
following conditions:
Southold Town Planning Board Page Seven September 14, 2009
1. Submission of revised Declaration of Covenants & Restrictions to be approved
by the Southold Town Planning Board;
2. Provide a copy of the approved filed Declaration of Covenants & Restrictions
with the Suffolk County Clerk's Office showing liber and page numbers and that
such Covenants & Restrictions affect the subdivision and the properties within it.
Kenneth Edwards: Second the motion.
Martin Sidor: Motion made and seconded. Any discussion? All in favor?
Ayes.
Martin Sidor: Motion carries.
Cichanowicz, David - This proposal is to subdivide a 24.82 acre parcel into 4 lots
where Lot 1 equals 73,336 sq. ft., Lot 2 equals 73,336 sq. ft., Lot 3 equals 19.415 acres
upon which the Development Rights have been sold to the County of Suffolk, and Lot 4
equals 2 acres. The property is located s/o NYS Road 25, 1,506' e/o Indian Neck Road
and n/o Leslie Road in Peconic. SCTM#1000-85-3~10.2 & 97-10-2
George Solomon: I would like to offer the following resolution: WHEREAS, this
proposal is to subdivide a 24.82 acre parcel into 4 lots where Lot 1 equals 2 acres, Lot
2 equals 73,336 sq. ft., Lot 3 equals 73,336 sq. ft. and Lot 4 equals 19.415 acres upon
which the Development Rights have been sold to the County of Suffolk and 13,328
square feet of clustered subdivision open space exists on Lot 3; and
WHEREAS, an application for sketch approval was submitted on August 28, 2000,
including the sketch plan prepared by John C. Ehlers, L.S., dated June 6, 1999 and last
revised October 7, 2000; and
WHEREAS, on September 25, 2000, the Southold Town Engineer reviewed the
proposed conservation subdivision and recommended that the installation of drainage
structures such vegetated drainage swales be constructed to capture the run-off
generated by the farm and that this recommendation be included in the Covenants and
Restrictions for the proposed conservation subdivision; and
WHEREAS, on October 13, 2000, the Southold Fire District determined that adequate
fire protection existed for the proposed conservation subdivision; and
WHEREAS, on October 23, 2000, the Suffolk County Planning Commission determined
that this proposed conservation subdivision was a decision of local determination; and
Southold Town Plannin.q Board PaRe Ei.qht September 14, 2009
WHEREAS, on October 23, 2000, 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; and
WHEREAS, on October 23, 2000, the Southold Town Planning Board acting as lead
agency, made a determination that this was an unlisted action requiring an
uncoordinated review and, as such, granted a Negative Declaration; and
WHEREAS, on September 13, 2002, a determination was made by the Southold Town
Planning Board that, because of the Sale of Development Rights to Suffolk County (Lot
3 totaling 19.41 acres), the conservation subdivision was not subject to the subdivision
moratorium; and
WHEREAS, on April 12, 2005, the Southold Town Planning Board granted Conditional
Sketch Approval upon the plat prepared by John C. Ehlers, L.S., dated November 5,
2002; and
WHEREAS, on December 23, 2005, 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 as outlined in the
December 20, 2005 memo prepared by the LWRP Coordinator; and
WHEREAS, on August 18, 2006, the Suffolk County Department of Health Services
issued a permit for the proposed conservation subdivision and renewed the permit
again on September 19, 2008; and
WHEREAS, on February 5, 2008, the New York State Department of Transportation
issued a permit for the proposed conservation subdivision; and
WHEREAS, all of the conditions outlined in the Conditional Sketch Approval granted
April 12, 2005 have been satisfied; and
WHEREAS, on May 14, 2009, an application for Final Approval was submitted; and
WHEREAS, on Monday, June 8, 2009, a public hearing was held and closed on the
Final Plat prepared by John C. Ehlers, L.S., dated November 5, 2002 and last revised
on July 10, 2006; and
WHEREAS, on September 11, 2009, a Park and Playground Fee in the amount of
$7,000.00 was submitted by the applicant pursuant to Southold Town Code §240-
53(G); be it therefore
RESOLVED, that the Southold Town Planning Board hereby accept the
recommendations and consistency determination of the Local Waterfront Revitalization
Program;
Southold Town Planning Board PaRe Nine September 14, 2009
William Cremers: Second the motion.
Martin Sidor: Motion made and seconded. Any discussion? All in favor?
Ayes.
Martin Sidor: Motion carries.
George Solomon: and be it further RESOLVED, that the Southold Town Planning
Board hereby grant Conditional Final Approval on the map prepared by John C.
Ehlers, L.S., dated November 5, 2002 and last revised on July 10, 2006, subject to the
following conditions:
1) Submission of revised Declaration of Covenants and Restrictions to be
approved by the Southold Town Planning Board;
2) Provide a copy of the approved filed Declaration of Covenants and
Restrictions with the Suffolk County Clerk's Office showing liber and page
numbers and that such Covenants and Restrictions affect the subdivision and
the properties within it.
William Cremers: Second the motion.
Martin Sidor: Motion made and seconded. Any discussion? All in favor?
Ayes.
Martin Sidor: Motion carries.
Preliminary Determinations:
Sutton, Alexander & Tracy - This proposal is for a standard subdivision where two
parcels, SCTM#1000-78-09-54 (1.82 acres) and SCTM#1000-78-09-78 (0.624 acres)
will be re-subdivided into two new parcels. Proposed Lot 1 will be 61,899 sq. ft. and
proposed Lot 2 will be 44,587 sq. ft. in the R-40 Zoning District. The property is located
at 1160 North Bayview Road, 111.56' n/e/o Liberty Lane and Victoria Drive in Southold.
William Cremers: WHEREAS, this proposal is for a standard subdivision where two
parcels, SCTM#1000-78-09-54 (1.82 acres) and SCTM#1000-78-09-78 (0.624 acres)
will be re-subdivided into two new parcels. Proposed Lot 1 will be 61,899 sq. ft. and
proposed Lot 2 will be 44,587 sq. ft. in the R-40 Zoning District.; and
Southold Town Plannin.q Board Pa.qe Ten September 14, 2009
WHEREAS, the Southold Town Planning Board granted Sketch Approval on December
9, 2008 on the map prepared by Nathan Taft Corwin III, Land Surveyor, dated June 15,
2007; and
WHEREAS, an application for Preliminary Approval was submitted on January 15,
2009; and
WHEREAS, four public hearings have been held for preliminary approval on May 11,
2009, June 8, 2009, July 13, 2009 and August 10, 2009; and
WHEREAS, based upon information submitted at these public hearings and careful
review and consideration of the information regarding the status of SCTM#1000-78-09-
78 for the proposed Standard Subdivision of Tracy and Alexander Sutton, SCTM#1000-
78-09-78 totaling 27,159 sq. ft. (0.624 acres), the Planning Board has determined that
SCTM#1000-78-09-78 remains designated as a "roadway" based upon the following:
1) SCTM#1000-78-09-78 is described and depicted as a 50-foot roadway and
extension of Victoria Drive on a Town of Southold filed subdivision map for the
Subdivision of "Reyden Heights" since 1959.
2) A report from Southold Town Planning Board to Southold Town Board, dated
May 13, 1959, stating that: "...the roads are all 50 feet and been cut through."
3) The tax sale from the County did not in any way alter the description of
SCTM#1000-78-09-78; and
WHEREAS, based upon the foregoing determination that SCTM#1000-78-09-78 is a
road, pursuant to Southold Town Code §240-10(B) (2)(b), when determining yield for a
proposed subdivision, total lot yield shall be determined on buildable lands only:
B. YieM Plan.
(1) Purpose. The purpose of the yieM plan is' to determine the allowable density.
(2) Standard Subdivision. A yield plan shall be prepared for a standard subdivision
in accordance with the requirements of this section and shall include a requirement to
provide affordable housing.
(b) Total lot yield shall be determined on buildable lands only. Subdivision design
shall exclude the following feature& unless the applicant shall have obtained a permit
from all relevant regulating authorities approving the applicanFs right to place residential
structures in the subject areas:
[7] Areas required for public or private rights-of-way; and
Southold Town Planning Board PaRe Eleven September 14, 2009
WHEREAS, "Buildable Lands" are defined by Southold Town Code §240-3 as:
The area ora lot or parceL not including the square footage of tidal and freshwater wetlands,
land seaward of the coastal erosion hazard area line, beaches, bluffs, primary dunes, secondary
dunes, underwater land~, land subject to the transfer, sale or extinguishment of development
rights and other restrictions that prevent the use of such land for construction of buildings or
other development. The terms "wetlands" "beaches" "bluffs" and "underwater lands" shall have
the meanings set forth in Chapter 275, Wetlands and Shoreline, of the Town Code. The terms
"coastal erosion hazard area line" "primary dunes" and "secondary dunes" shall have the
meanings set forth in Chapter 111, Coastal Erosion Hazard Area, of the Town Code; and
WHEREAS, because SCTM#1000-78-09-78 in its entirety is designated as a "Road", it
cannot be used to determine yield; and
WHEREAS, this proposed standard subdivision is in the R-40 Zoning District which has
a minimum lot size of 40,000 sq. ft. (See Southold Town Code §280 Attachment 3); and
WHEREAS, SCTM#1000-78-09-54 totals only 79,291 sq. ft., and because SCTM#
100048-09-78 is designated as non-buildable land and therefore cannot be used when
determining yield for this proposed standard subdivision, the total acreage of SCTM#
1000-78-09-54 for the proposed subdivision into 2 lots is insufficient, as 80,000 sq. ft. is
the minimum required for this proposed subdivision to be in conformance with Southold
Town Code zoning requirements (The yield, as presented, is 709 sq. ft. short); be it
therefore
RESOLVED, that based upon the above reasons cited, the Southold Town Planning
Board hereby denies Preliminary Approval on the map prepared by Nathan Taft
Corwin III, Land Surveyor, dated June 15, 2007, due to the inability to meet the yield
requirements as outlined in Southold Town Code §240-10(B).
Kenneth Edwards: Second the motion.
Martin Sidor: Motion made and seconded. Any discussion? All in favor?
Ayes.
Martin Sidor: Motion carries.
Southold Town Planning Board Page Twelve September 14, 2009
SITE PLANS
Final Determinations:
Satur Farms - This amended site plan is for the construction of an 8,558 sq. ft.
agricultural storage barn with loft and loading dock, and to re-locate an existing 450 sq.
ft. greenhouse and maintain two existing greenhouses 2,880 sq. ft. each on a 17+ acre
parcel in the A-C Zoning District. The property is located at 3705 Alvah's Lane, on the
w/s/o Alvah's Lane, approximately 1,855.07' s/o the intersection of Alvah's Lane and
CR 48 in Cutchogue. SCTM #'s 1000-101-2-24.5 & 24.6
Joseph Townsend: WHEREAS, the applicant's agent, Abigail A. Wickham, Esq.,
submitted an amended site plan application on July 6, 2009 for the construction of an
8,558 sq. ft. agricultural storage barn with loft and loading dock and to re-locate an
existing 450 sq. ft. greenhouse and maintain two existing greenhouses 2,880 sq. ft.
each on a 17+ acre parcel in the A-C Zoning District; and
WHEREAS, on July 20, 2009, the Planning Board accepted this application; and
WHEREAS, on July 30, 2009, the Planning Board, pursuant to Southold Town Code
§280-131 C., distributed the application to agencies having jurisdiction for their
comments, and the following agencies responded: Town Engineer, Architectural
Review Committee, Suffolk County Planning Commission, and the Cutchogue Fire
District, and
WHEREAS, the system that is to handle waste from the washing operation of
vegetables in the proposed barn already has approval from the Suffolk County
Department of Health Services for a barn, Reference Number c10-02-0006; and
WHEREAS, on July 28, 2009, the Suffolk County Farmland Committee approved the
relocation of sections of two greenhouses already existing on the protected property,
and the relocation of one greenhouse to the protected property in resolution #S.C.-10-
2009; 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 that the issue of dust problems have been addressed to the satisfaction of
the Planning Board by the asphalt apron, and the RCA topping on the driveway; and
WHEREAS, on August 27, 2009, the Southold Town Building Inspector reviewed the
plan and certified that the proposed agricultural storage building is a permitted use in
this A-C District; and
Southold Town Planning Board Pa,qe Thirteen September 14, 2009
WHEREAS, On August 10, 2009, the public hearing regarding the site plan for the
above-referenced application was held, and then closed; and
WHEREAS, the Southold Town Planning Board, pursuant to Southold Town Code
§280-133 C., has the discretion to waive any or all of the requirements for site plan
approval for those applications involving uses strictly related to agriculture where such
requirements are not necessary to protect and maintain the public health, safety, or
welfare and to further the objectives set forth in §280-129. The Planning Board has
found that requiring the entire set of site plan application requirements for this site is not
necessary to further the objectives set forth in Town Code §280-129 and maintain
public health, safety, and welfare for the following reasons: the application is for an
agricultural storage barn and re-location of two existing greenhouses being placed on
an active farm property (17.5 acres), the barn will not be open to the public, is being
placed in a location that will not interfere with vehicle circulation on other active areas of
the site, and is located 69' back from the front property line where 60' is required; and
WHEREAS, the Southold Town Planning Board, pursuant to Southold Town Code
§280-131 B (5), has the discretion to vary or waive the parking requirements for site
plan applications where doing so would not have a detrimental effect on the public
health, safety or general welfare, and will not have the effect of nullifying the intent and
provision of the site plan requirements chapter of the Town Code. The Planning Board
has found that this application is eligible for a waiver of parking requirements because
there is no need to provide for parking ~ the barn is being used for storage of crops
associated with the agricultural operation on an active farm where space for the parking
of farm vehicles is ample, and there will be no public access to the barn; and
WHEREAS, the Southold Town Planning Board, pursuant to Southold Town Code
§280-129, has the ability to prescribe appropriate conditions to further the intent of the
code; be it therefore
RESOLVED, that on July 20, 2009, 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;
William Cremers: Second the motion.
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 waive the parking requirements and site plan application requirements,
except for the following items:
Southold Town Planning Board PaRe Fourteen September 141 2009
§280-133 A. (1), (2), and (4), B. (1) (a)-(f), (j), B. (3) (a), (b), B. (4) (a), (c), (e-
partial), (g) and (i);
Kenneth Edwards: Second the motion.
Martin Sidor: Motion made and seconded. Any discussion? All in favor?
Ayes.
Martin Sidor: Motion carries.
Joseph Townsend: and be it further RESOLVED, that pursuant to Southold Town Code
§280-129, the Planning Board has found that requiring the following conditions as part
of the approved site plan are necessary to further the objectives set forth in Town Code
§280-129, and maintain public health, safety, and welfare:
a. Refrigerated trailer bodies: said trailer bodies shall not be stored within the front
yard of the site and shall be set back a minimum of 60' from all property lines.
Owner will minimize continuous commercial truck engine idling within the front
yard area by posting no idling signs on either side of the driveway entrance and
posting signs on east loading dock as to availability of electrical hookups.
Owner will provide electric hookup and will utilize same for all of its truck trailers
and any outside truck trailers with electric adapters parked in the front (east)
loading docks between the hours of 10 p.m. and 5 a.m.
d. There shall be no parking, standing, loading or unloading of commercial vehicles
on Alvah's Lane.
e. Exhaust fumes shall be properly controlled to prevent the undue concentrations
to nearby property owners.
f. All lighting shall be positioned or shielded as to illuminate only the subject parcel.
g. The 8" well on site will be adapted by the applicant to be available for use
as a fire well to the satisfaction of the Cutchogue Fire Department.
The conditions listed above shall also be listed on the site plan;
William Cremers: Second the motion.
Martin Sidor: Motion seconded, any discussion? All in favor?
Ayes.
Southold Town Plannin.q Board Pa,qe Fifteen September 14, 2009
Martin Sidor: Motion carries.
Joseph 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 August 20, 2009 memo prepared by the LWRP Coordinator;
William Cremers: Second the motion.
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 grant Approval, and authorizes the Chairperson to endorse the site plan entitled
"Satur Farms LLC" prepared June 9, 2009, last revised July 30, 2009, with hand-written
notations by the applicant.
William Cremers: Second the motion.
Martin Sidor: Motion made and seconded. Any discussion? All in favor?
Ayes.
Martin Sidor: Motion carries.
Hudson City Savin.qs Bank Plaza - This site plan is for the proposed construction of
two buildings totaling 13,227 sq. ft. where one proposed two-story building is 9,500 sq.
ft. of office space and the other proposed one-story building is 3,241 sq. ft. for a bank
use with 65 proposed parking spaces on a 1.931-acre split-zoned parcel in the General
Business and Residential-40 Zoning Districts located approximately 509' e/o Bay
Avenue on the s/s/o NYS Road 25 in Mattituck. New SCTM#1000-122-3-17.1, formerly
known as SCTM#1000-122-3-1.2, 2, 5.1 & 17
Kenneth Edwards: Mr. Chairman, I will offer the following resolution: WHEREAS, this
site plan is for the proposed construction of 2 buildings totaling 13,227 sq. ft. where one
proposed two story building is 9,500 sq. ft. of office space and the other proposed one
story building is 3,241 sq. ft. for a bank use with 65 proposed parking spaces on a
1.931 acre split-zoned parcel in the General Business and Residential-40 Zoning
Districts located approximately 509' e/o Bay Avenue, on the s/s/o NYS Road 25, in
Mattituck; new SCTM#1000-122-3-17.1, formerly known as SCTM#1000-122-3-1.2, 2,
5.1 & 17; and
Southold Town Planning Board Page Sixteen September 14, 2009
WHEREAS, on April 14, 2008, the Planning Board accepted this application; and
WHEREAS, on April 15, 2009, the Southold Town Planning Board started the SEQR
lead agency coordination process for this unlisted action; and
WHEREAS, on April 15, 2008, the Planning Board, pursuant to Southold Town Code
{}280-131 C., distributed the application to agencies having jurisdiction for their
comments, and the following agencies responded: Town Engineer, Architectural
Review Committee, LWRP Coordinator, Suffolk County Planning Commission & the
Mattituck 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 October 10, 2008, the Zoning Board of Appeals granted area variances
and a special exception to allow accessory parking in the R-40 Residential Zoning
District subject to the following conditions:
1) Land bank parking on the e/s/o the rear parking lot buffered adjacent to the
residence, and place blue stone on the remaining residential portion of the
parking lot (except for handicap parking).
2) Lighting to be shielded to the ground in the parking lot; and
WHEREAS, on October 20, 2008, the Southold Town Planning Board, acting under the
State Environmental Quality Review Act 6 NYCRR Part 617, performed a coordinated
review of this unlisted action. The Planning Board established itself as lead agency and
as lead agency, made a determination of non-significance and issued a Negative
Declaration for this unlisted action; and
WHEREAS, on November 10, 2008, the Southold Town Building Inspector reviewed
the plan and certified that the proposed use as a bank and office building are permitted
uses in this B Zoning District, and that the parking lot was permitted in the R-40 Zoning
District portion of the site by the Zoning Board of Appeals approval granted on October
30, 2008; and
WHEREAS, on November 17, 2008, there was a public hearing; and
WHEREAS, on August 25, 2009, the New York State Department of Transportation
issued approval of the Highway Work Permit for the action; be it therefore
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 memo prepared by the LWRP
Coordinator;
Southold Town Planning Board Pa.qe Seventeen September 14, 2009
William Cremers: Second the motion.
Martin Sidor: Motion made and seconded. Any discussion? All in favor?
Ayes.
Martin Sidor: Motion carries.
Kenneth Edwards: and be it further RESOLVED, that the Southold Town Planning
Board grant approval, and authorizes the Chairman to endorse the site plan entitled
"Hudson City Savings Bank Plaza" prepared by Nathan Taft Corwin III, L.S. dated July
12, 2009 and last revised January 23, 2009.
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: That is the end of our meeting; I need a motion to approve the Board
minutes of August 10, 2009.
William Cremers: So moved.
Joseph Townsend: Second.
Martin Sidor: Moved and seconded; any discussion? All in favor?
Ayes.
Martin Sidor: Motion carries. Before we close this meeting, anybody wants to get
anything on the minutes? Any Board Member?
Joseph Townsend: I'd like to say something on the Satur Farms approval. We worked
long and hard, I don't know if there are people here that are interested in that particular
item on the agenda. We tried to address most of the concerns that we felt had merit. I
think we have managed to do that and I think the situation will be greatly improved as a
result of the construction of this new building. No one is going to be 100% satisfied; the
applicants weren't 100% satisfied with what we required of them and I am sure there
will be other people that aren't.
Southold Town Planning Board Pa.qe Ei.qhteen September 14, 2009
John Lademann: I understand the setback is 100'. We'd like to get a copy of the
restrictions you put on them. We understand, and I found out from somebody in the
Town that it's 100'. I'd like to know what you approved.
Martin Sidor: Are copies available?
Heather Lanza: Tomorrow we will have copies available.
John Lademann: You will have a copy of all the restrictions?
Heather Lanza: Yes.
John Lademann: Tomorrow it will be available?
Heather Lanza: Probably, or Wednesday at the latest. And then, you are talking about
Code requirements of setbacks?
John Lademann: Setback, we asked for it to be set back further.
Heather Lanza: Just so you know, the Planning Board looked at this under the Code
requirements and it meets the Code requirements for building setback. Otherwise, they
would have had to go to the Zoning Board of Appeals.
John Lademann: I live on Harbor Lane; my wife owns property directly across the
street from Satur Farms. We have a problem: we can't rent the house because of the
problems that's going on. They are continually this week running the hi-lows out and
blocking traffic. Nobody does anything about it. I know it's not your problem. It's going
on. We have a letter here from a school bus driver who has to drive on the wrong side
of the road. You've got to take all that into consideration.
Geor.qe Solomon: Would you rather us not do anything, sir?
Joseph Townsend: I believe we did to the best of our ability try to help that situation.
There will be no parking on Alvah's Lane. You'll see.
Martin Sidor: These conditions, when Heather makes them available, I'm coming in
tomorrow anyway, so if you wanted to schedule...
Heather Lanza: Yes.
John Lademann: I understand (inaudible) building has to be 100' back.
Heather Lanza: That's not in the Code that we are aware of. We have a certification
from the Building Inspector that states that this meets the Code the way we are
approving it in that location.
Southold Town Plannin.q Board Pa,qe Nineteen September 14, 2009
Pat McNamara: I live across the street from the barn. I know you've all worked very
hard and we really appreciate it. This has been for years and years and years we've
been struggling to have some things done about this. So I thank you all.
Martin Sidor: Thank you. I need a motion to adjourn.
Geor,qe Solomon: So moved.
William Cremers: Second.
Martin Sidor: Motion made and seconded. Any discussion? All in favor?
Ayes.
Martin Sidor: Motion carries. The meeting is closed.
There being no further business to come before the meeting, it was ADJOURNED at
6:22 p.m.
Respectfully submitted,
~inda Rando~h, l~u~scri~ing ~ecretary
Martin H. Sidor, Chair
RECEIVED
Southeh] To~,n Clerk