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HomeMy WebLinkAboutPB-11/09/2009PLANNING BOARD MEMBERS MARTIN H. SIDOR Chair WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE D. SOLOMON JOSEPH L. TOWNSEND PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 Present were: PUBLIC MEETING MINUTES Monday, November 9, 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: I call this meeting to order. Good evening, and welcome to the November 9, 2009 Public Meeting of the Southold Town Planning Board regular. For our first order of business, I would entertain a motion to set Monday, December 14, 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. Kenneth Edwards: Second. Martin Sidor: Motion made and seconded. Any discussion? All in favor? Ayes. Martin Sidor: Motion carries. Southold Town Planninq Board Page Two November 9, 2009 PUBLIC HEARINGS 6:00 p.m. - Morrel, Owen - This proposal is to subdivide a 12.03-acre parcel into two parcels where Lot 1 equals 80,285 sq. ft. and Lot 2 equals 127,686 sq. ft. with an existing single-family residence and associated accessory structures in the R-80 Zoning District. The remaining acreage will remain as open space. The parcel is located on the n/s/o Sound View Avenue 1,700' e/o Diamond Lane in Peconic. SCTM#1000-68-1-15.1 Martin Sidor: Is there anyone that wishes to address the Board this matter? Please step forward to either microphone, state your name and address. No one wishes to address the Owen Morrel application? Hearing none, I will entertain a motion to close the hearing. Kenneth Edwards: So moved. William Cremers: Second. Martin Sidor: Motion made and seconded. Any discussion? All in favor? Ayes. Martin Sidor: Motion carries. 6:10 p.m. - 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, Cutchogue. SCTM#1000-83-2-17.3 Martin Sidor: If anyone wishes to address the application, please step forward and address the Board. Patricia Moore, Attorney for the Applicant: Today I also have with me Jerry Finkel, President of the Joint Board, and I have Louis Giacalone who is the architect, and I have the engineer here as well who can address any questions that would be raised. At this point, we have had several public hearings; we have gone to the Zoning Board for a special permit for the conversion of what was a pool house to additional rooms that had been converted some time in the '70's/'80's but never formally done, so that was corrected. We also have a special permit to build this proposed building, a new building for the meeting house which will also house not only the training center but also the computer center for the Joint Industry Board. So, at this point I will defer to the architect, who can go over the project and I know you've heard this informally, but we are going to put it formally on the record. Thank you. Southold Town Planninq Board Pa.qe Three November 9, 2009 Louis Giacalone, President, Giacalone Amhitects: Thank you. I have before you the board if you don't mind I'll go to the board and try to speak up so that you can record what I'm saying. The project I know you're familiar with but I'll go through a brief explanation. This is the overall site: this is Duck Pond Road that ends into the sound. These two buildings are the existing motel buildings which by now have been renovated under permit with the Building Department, and this is the restaurant building which has also been renovated under permit with the Building Department. This is the location of the new meeting house, the proposed meeting house, and this is the existing cabana building and this is the existing (inaudible). As Pat said, this cabana was built really as a motel unit (inaudible). We now wanted to legalize the conversion of use from a cabana to a motel. We are here today to talk about this and give you an idea of how this building is situated. The site is entered from the same location (inaudible). The existing parking lot is here; that is an existing drive that goes up to the cabana building. We have extended the drive at the end of the parking lot to go up to the proposed meeting house for both handicapped parking as well as access into a small maintenance garage area that we developed at the end of the building. The primary use of the meeting house is for the visitors to the motel. The same people that will be attending the motel will be attending educational conferences and, if necessary, Dr. Finkel will explain that to you further if you have any questions. So it's not that we have people in the motel and then additional people in the meeting house. The meeting house is comprised of two main elements: their data center, which is a duplicate of their data center in the city for emergency purposes, and that's on the first floor. On the second floor we have a meeting reom which will accommodate about 100 people, which is really the 50 guests in the motel and we also have a smaller meeting reom for about 40 people which is a tiered seating area where they will be able to make presentations, Power Point presentations and things of that nature. The building is situated into the hill here; you can see the grade coming up; the building is actually elevation of the general area of this flat area so that it presents itself as 2-1/2 story building on this side, but, because it's built into the hillside, presents as a one-story building on this side. There was a question about the air conditioning equipment. The air conditioning equipment is located into a depressed area in back of the building in back of a retaining wall so that the retaining wall which is about 6' high shields the air conditioning equipment condenser primarily as well as provides noise depression for that. Then the rest of the hillside is maintained. There was one property up here, (owned by) the Londons who had come to the Board hearing expressing concern about the visual relationship that they had with the overall site. We showed them, and I'll show you the sections, of how their property is much higher. We provided additional landscaping along their property line to further shield their view looking down. These are the elevations of the building and this is the rendering which I believe some of you have seen before. It mirrors the color and materials that are on the motel building with the intention that the entire site is now uniform in terms of design, color and material. This shows you the elevation that faces this large open area. In this elevation, you can see that the data center is located on the first floor, the meeting reom is located on the second floor, and then the other meeting reom is located here. This is the main entrance and this corridor is a cimular stair that goes up the building. This section shows how this elevation presents on this side facing the main motel area but, in the back of the building, it presents as a one-story building. Back here, that's the entire Southold Town Planninq Board Pa.qe Four November 91 2009 back of the building; this entire elevation will be presented here and you can see that we've set the grade down front. This is what we are calling the back of the building, which is basically one story because the grades are up in here, and then a roof on top. This is the other side of the building again showing how we go from a one story building down to the maintenance area, but then there's also (inaudible). This section is taken through the building showing again the back of the building here that is really buried into the hillside and the grade comes down like this. This is a section taken from the stairs. (inaudible) One of the issues before the Board, as well as perhaps yourself is the question of whether or not this corridor that serves an open deck was a third floor. This section could show that this corridor could lead from the elevator to the open deck is literally under the eaves of the roof, and so the Building Department questioned whether or not that represented a third floor or stayed within the 2-1/2 story maximum. We demonstrated, I think to their satisfaction, that this supposed third floor is really an access corridor located totally within the eaves of the roof. This is again that section showing the elevator shaft coming up, the circular stair coming up, the balcony that's on the upper level that serves the meeting room, and the fact that the corridor is basically simply a corridor that goes through under the roof of the building. If you have any questions, I'll be happy to answer them. Martin Sidor: No, thanks. Patdcia Moore: I have Harvey Bienstock here, who is the engineer. Since one of the issues that the Board is being asked to address is an override of Suffolk County Planning Commission, the Suffolk County Planning Commission had raised the building issues of drainage and had recommended that the building be relocated. There are several things that have been mitigated: the drainage, and I am going to ask the engineer to put on the record all the factors that have been addressed. Again, this is somewhat duplicated in the Zoning Board action, because we did go to the Zoning Board for a variance from our storm water code. We are awaiting that response. But it is incumbent upon this Board to make a determination to override the Suffolk County Planning Commission, so I did want to put on the record that issue. Harvey Bienstock, Engineer: Good evening, ladies and gentlemen. This is the same drawing that Lou was showing you, except this shows (inaudible) drainage. I have walked this property (inaudible) and there is no evidence of erosion or flooding or anything like that. The water just comes down the hill and dissipates itself into the ground. Now what we did to protect the building, you can see these surfaces here: these are leaching pools to collect the water. What we did around the back, we are proposing an 18" x 18" gravel trench with perforated pipe in the gravel trench. So any water coming down here will flow into the trench and then we have piping that takes it around both sides of the building into these leaching pools. These leaching pools have been designed according to the Town building standards. We collect all the water (inaudible). We have gravel that catches it and I think we solved the problem. Joseph Townsend: Do you want to review the nature of the soils at that grade? Whether they are stable or sandy, or ...... ? Southold Town Planninq Board Pa.qe Five November 9, 2009 Harvey Bienstock, Engineer: Yes. I am not sure what the nature of the soil is, but there is all vegetation, the whole thing is vegetated. And we don't see any erosion (inaudible) and there's no evidence of erosion. I am just looking for (inaudible). I don't seem to have it but I can certainly get it for you. Louis Giacalone: In any case, the same material that is on the block; obviously (inaudible) kept going back. The most important thing was that, when we walked the site, that area was very stable. Other than the area we disturb, obviously we have to protect that, and then revegetate it. Once that's done, plus the gravel, plus the pools we are putting in to collect the water rather than have it run, it will run towards the building, get caught into the gravel, turn to the swale then turn to the pool and collect there and exiting the leach into the ground. So we are actually creating less potential erosion than is there now. But what surprised us was that there was virtually no erosion to be concerned about in that area. And for that reason we felt that it was appropriate to put the building into the hill and try to bury it so the impact on the residents to the east of us was much less impactful. One of the concerns that was expressed by the Londons up here when they realized that their property is literally about 20 some-odd feet higher than the back of the building, they are so far up, plus the vegetation and the landscaping that was provided, this basically becomes invisible to them. There was another resident who expressed concern about the building and noise. That resident is actually once removed from where the Londons are. We discussed that with the residents here today. So, (inaudible) into the hillside on purpose to really make it disappear as it presents to the community and as it presents to the motel and the area where the visitors a~e, it shows as a two-story building. Joseph Townsend: What I was trying to get at was: I know in our LWRP, those soils were designated as "stable" as opposed to what the sound bank is, which is "unstable sandy soil". It seemed to be the result of, say, a kettle hole, at one point, as opposed to eroding out onto the beach. That's why he had no problem recommending that. Patricia Moore: I'd also like to put on the record that, in addition to the LWRP recommendation, there was a storm water management plan that was filed with the State. It not only addressed this building, but it also incorporated the entire property. As part of that process, there was a drainage system that was built adjacent to Duck Pond Road to capture some of the road runoff that is occurring off of Duck Pond Road, and this property assumed a drainage problem and mitigating a drainage problem that has historically been in that area. So, there are multiple reasons why they are in support here, for not only the location, but also the storm water collection process that is being undertaken on the property. Louis Giacalone: That was actually, depending on when you were last out there: that is now completed. The inlet is completed as well as the storm (inaudible). She also mentioned, in terms of storm water retention, the original building did not have any storm water retention; the roofs just literally spilled it out on the ground, and where the water went it went. As part of our permitting process, the Building Department wanted us to provide leaders and gutters throughout the entire existing building leading into drainage basins rather than letting it spill out on the ground. That has also been Southold Town Planning Board Page Six November 9, 2009 installed. So, we've actually mitigated against any potential erosion that would occur in this area by providing the leaders and gutters and the drainage pools as well. So we think we've addressed all the storm water issues (inaudible) erosion issues as well. Martin Sidor: Thank you. Anyone else who wishes to address the Board on this particular hearing, please step forward to either microphone. Hearing none ....... William Cremers: I make a motion to close the hearing. Joseph Townsend: Second. Martin Sidor: Motion made and seconded. Any discussion? Please step forward. Giuliana Vlacich, 3400 Digmans Road: I was talking to this lady and she told me that the building would be directly across from our house on the west side of our house. That's where we have our bedrooms. She was telling me that the air conditioning unit is going to be 3 stories high and we would be the ones that would hear most of the noise of the air conditioner. The Londons. They have the property right next to the club, the Electrical Union. If the building is directly across from our house, can they move it further out up the hill--there's only a pond there--there's no residence or anything. If there is so much noise, I mean nobody's gonna be disturbed by the noise. Patricia Moore: I think we tried to address this preemptively with the comments that we made. To begin with, the proposed location of this building...The existing motel is up on this hill. The new building is further back; it's approximately 300' back from the sound is the start of the building here, and it works its way south in that direction. So, I didn't see the length of your property, but the Londons are up here all the way at the top of the bluff, and your property...you're on the east side. Giuliana Vlacich: We are not so close to the sound the way the Londons are. Patricia Moore: We pointed out that the concern about the air conditioning unit was misinformation. They gave you false information. However, the building begins: the base of the building starts at the level of the pool, which is far down. Then the first floor, the middle level, is a little bit higher and then you have the roof pitch (inaudible) but the entire building conforms to (inaudible) so it's the same height as (inaudible) from the base to the top. Am I remembering correctly? So, you won't be seeing anything because from where the back of the building is, there's 100' property line, but that entire area is wooded as well. Giuliana Vlacich: I know it's wooded, but the Londons don't have much property at all. I don't know the length of it. Heather Lanza: We're getting out of control for the minutes here. (People speaking from audience and not using the microphone) Southold Town Planninq Board Page Seven November 9, 2009 Patricia Moore: As far as the noise is concerned, you're concerned with noise, what you should know is that the air conditioning units that are behind the building are behind the wall that is also being muted; it filters the noise. Louis Giacalone: The building here is a one-story building with a roof on top. In back of it we have a retaining wall in like a well so that the air conditioning equipment is sitting inside the well (inaudible) it's not sitting on top of the building Giuliana Vlacich: But how high is that wall going to be? Louis Giacalone: The wall is about 6'5" at elevation (inaudible) I don't know how far yours goes up. The elevation of the London's property is at 58, from 36 to 58 is more than 20 feet. So, your property is 20' higher than the air conditioners are, plus your property is set back. So not only are you not going to see it, you're not going to hear it. It's much too far away. Plus as I said, they're not sitting on top of the roof, they're sitting in back of the building in a hole--it's private--in a hole that's surrounded by a wall. Then, of course, the density of the trees and the wooded area. I'm not sure where the (inaudible) comments came from. Giuliana Vlacich: That's what I was told by the Londons. I got very afraid; I thought this way we won't be able to sleep. Patricia Moore: If you'd like us to go over it again with you in the hallway .... Giuliana Vlacich: OK. Martin Sidor: Does anyone else wish to address the Board? I'm sorry, are you finished? Giuliana Vlacich: Yes, I'm finished. George Solomon: I just have one question: how many feet is it from their property line to the back of that building? Louis Giacalone: (inaudible) 95' from the London property line. I'm not sure how wide (inaudible) George Solomon: Not very wide. .Patricia Moore: It probably is at least 50' minimum width. Georqe Solomon: So you're talking 150'. How many feet off your west property line is your house located? Patricia Moore: Her house is 55.4' on her property line to her house. Georqe Solomon: A little over 200'. Southold Town Planninq Board Page Ei.qht November 9, 2009 Ezio Vlacich, 3400 Di.qmans Road: (inaudible, speaking from the audience) It's very hard for us to understand what's going to be. What's going to happen later?. This is what we are worried about. (inaudible). Thank you. Martin Sidor: Thank you. Is there anyone else who wishes to address the Planning Board on this particular matter? Louis Giacalone: I was trying to demonstrate in scale: (inaudible, speaking away from microphone to point at plans on the table) forgive me if I don't have enough paper. But, if you can see what I'm doing; the height of the elevation of the Londons and then we are assuming (inaudible) as well, is at roughly about 58'. The top of the roof, the very highest peak of this turret is at elevation 66' relative to the ground out here which is at 18'. So, if I were to take roughly 100' from the back of the building, this would be the property line of the Joint Electric Industry property. And if I were to connect the dots; this is the back of the building where the air conditioning equipment is installed. That's roughly the slope of the property with all the landscaping in here. We then have the London's property, which we are saying is 50' minimum, it could be more. And then we have the property line, and then another 50' to the residence of this couple. So the distance of the residence from the property line and then looking out, you're not even going to see the peak of the turret, much less the main (inaudible) much less the air conditioning equipment because you're going to be over 200' away and about 30' (inaudible). So, I'll show you this drawing. Martin Sidor: Sure. I just want to continue. Is there anyone else to address the matter?. Motion to close hearing was made and seconded. Any discussion? All in favor? Ayes. Joseph Townsend: 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 a Stormwater Prevention Pollution Plan, dated September 21,2008; and WHEREAS, on February 3, 2009, the Southold Town Planning Board accepted the application for review; and WHEREAS, on February 4, 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: Suffolk County Planning Commission, Town Engineer, Architectural Review Committee, Cutchogue Fire District, LWRP Coordinator; and Southold Town Planning Board Pa.qe Nine November 9, 2009 WHEREAS, the comments from the Town Engineer, Architectural Review Committee, Cutchogue Fire District, LWRP Coordinator were 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 March 09, 2009, a comment was received from the Suffolk County Planning Commission pursuant to the requirements of Sections A 14-24 of the Suffolk County Administrative Code to approve the project subject to condition (1) One stating that the location of the conference facility shall be moved away from the natural steep slopes and wooded areas to limit their disturbance and the creation of potential erosion and stormwater run-off problems; and WHEREAS, on July 13, 2009, the Southold Town Planning Board, acting under the State Environmental Quality Review Act, 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 granted a Negative Declaration; and WHEREAS, on July 27, 2009, the Southold Town Planning Board reviewed the conditions from the Suffolk County Planning Commission and determined that the application, including their Stormwater Pollution Prevention Plan, adequately mitigated all concerns related to the location of the building as proposed; 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; 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 has found that the location of the conference facility building is satisfactory as proposed, and hereby overrides the Suffolk County Planning Commission's condition to relocate the building. William Cremers: Second the motion. Martin Sidor: Motion made and seconded. Any discussion? All in favor? Ayes. Martin Sidor: Motion carries. Southold Town Planning Board Pa.qe Ten November 9, 2009 Heather Lanza: Was that unanimous? Martin Sidor: Yes. Heather Lanza: We needed a super-majority on this. No need for further response. CONSERVATION SUBDIVISIONS, STANDARD SUBDIVISIONS, RE- SUBDIVISIONS (Lot Line Changes) Final Determinations: Torell~ Arthur - This proposal is for a lot line modification transferring 2,430 s.f. from Parcel I (SCTM#1000-33-2-10), reducing it from 21,458 s.f. to 19,028 s.f., to Parcel 2 (SCTM#1000-33-2-11 ), increasing it from 24,756 s.f. to 27,186 s.f. The property is located at 365 Westwood Lane, 300' n/o Homestead Way in Greenport. Kenneth Edwards: I'd like to offer the following resolution: WHEREAS, this lot line change will reduce Parcel 1 (SCTM#1000-33-2-10) by 2,430 sq. ft. in order to create as far a setback as possible for the proposed dwelling from the wetlands. Affer the lot line modification, Parcel 1 will decrease in size from 21,458 sq. ff. to 19,028 sq. ff.; Parcel 2 (SCTM#1000-33-2-11) will increase in size after the lot line modification from 24,756 sq. ff. to 27,186 sq. ff. These parcels are located in the R-40 Zone; and WHEREAS, on August 7, 2008, the Southold Town Zoning Board of Appeals granted the area variance requested for the above-referenced project; and WHEREAS, on October 13, 2009, the Southold Town Planning Board granted a retro- active gO-day extension of Conditional Final Approval on the surveys prepared by John T. Metzger, Land Surveyor, dated November 21, 2006, from September 9, 2009 to December 9, 2009, subject to the following condition: The filing of new deeds with the Office of the Suffolk County Clerk pertaining to the lot line change and, upon filing, submission ora copy to this office; and WHEREAS, on October 5, 2009, the applicant submitted certified copies of the deeds reflecting the new lots created through this lot line modification recorded with the Suffolk County Clerk on September 24, 2009, at Liber D00012601, Page 069 (SCTM#1000-33-21-11 ) and Liber D00012601, Page 068 (SCTM#1000-33-2-10) in satisfaction of the above-referenced condition; be it therefore RESOLVED, that the Southold Town Planning Board hereby grant Final Approval on the surveys prepared by John T. Metzger, Land Surveyor, dated November 21,2006. William Cremers: Second. Southold Town Planninq Board Pa.qe Eleven November 9, 2009 Martin Sidor: Motion made and seconded. Any discussion? All in favor? Ayes. Martin Sidor: Motion carries. Conditional Final Determinations: FIDCO/Flower/Baker - This proposal is for a lot line change where SCTM#1000-10-5- 12.9 will decrease in size from +/-561,924 sq. ft. to +/-404,492 sq. ft., SCTM#1000-10- 5-8.3 will increase in size from +/-369,388 sq. ft. to +/-433,857 sq. ft. and SCTM#1000- 10-5-9 will increase in size from +/-162,478 sq. ft. to +/-169,448 sq. ft. No new building lots will be created. The property is located at (no #) private road off East End Road, Fishers Island. Kenneth Edwards: I would like to offer the following resolution: WHEREAS, this proposal is for a lot line change where SCTM#1000-10-5-12.9 will decrease in size from +/-561,924 square feet to +/-404,492 square feet. SCTM#1000-10-5-8.3 will increase in size from +/-369,388 square feet to +/-433857 square feet. SCTM#1000-10-5-9 will increase in size from +/-162,478 square feet to +/-169,448 square feet. No new building lots will be created. SCTM#1000-10-5-12.9 (Lot 44-7) will become more non- conforming while SCTM#sl000-10-5-8.3 (Lot 44-3, 4 and 5) and 9 (Lot 44-6) will become larger; and WHEREAS, this application was submitted to the Southold Town Planning Board on April 2, 2009; and WHEREAS, this application required an area variance for an already non-conforming 1or from the Southold Town Zoning Board of Appeals; and WHEREAS, on May 18, 2009, the Southold Town Planning Board supplied comments in support of granting the requested relief for this proposed lot line change to the Southold Town Zoning Board of Appeals; and WHEREAS, on August 18, 2009, the Southold Town Zoning Board of Appeals granted the requested area variance for this application; and WHEREAS, on September 28, 2009, the Southold Town Planning Board reviewed the application at their Work Session; and WHEREAS, based on this review, requests for comments were sent to the Town of Southold's Engineer and the Highway Superintendent; and Southold Town Planninq Board Pa.qe Twelve November 9, 2009 WHEREAS, on September 30, 2009, the Town of Southold Engineer provided recommendations regarding the proposed lot line change; and WHEREAS, on October 16, 2009, the applicant submitted a filed map of Fishers Island Development Corporation (FIDCO) (Map No. A-421), filed September 25, 1991, with the Office of the Suffolk County Clerk, stamped with Suffolk County Department of Health Services approval; and WHEREAS, on November 2, 2009, the Town of Southold Planning Board agreed with the recommendations from the Southold Town Engineer; and WHEREAS, the Southold Town Planning Board has the ability to waive the public hearing for this lot line change pursuant to Southold Town Code [}240-56 for the following reasons: 1. This proposed lot line change is eliminating a previously buildable lot. 2. This proposed lot line change is preserving 102,000 +/- square feet of land in perpetuity by both deeding land and providing a Conservation Easement Area to the Henry L. Ferguson Museum, Inc. 3. This proposed lot line change has no significant negative environmental effects, and does not impact future planning of the affected parcels or surrounding area; 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, establishes itself as lead agency, and as lead agency, performs an uncoordinated review of this Unlisted Action; Joseph Townsend: 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 make a determination of non-significance and grant a Negative Declaration; William Cremers: Second the motion. Martin Sidor: Motion made and seconded, any discussion? All in favor? Ayes. Martin Sidor: Motion carries. Southold Town Planninq Board Pa.qe Thirteen November 9, 2009 Kenneth Edwards: and be it further RESOLVED, that the Southold Town Planning Board hereby grant Conditional Final Approval upon the survey map dated April 2, 2009, prepared by CME Engineering, Land Surveying and Architecture, PLLC, subject to the following condition: The filing of new deeds with the Office of the Suffolk County Clerk pertaining to the lot line change and, upon filing, submission of a copy to this office. Joseph Townsend: Second. Martin Sidor: Motion made and seconded. Any discussion? All in favor? Ayes. Martin Sidor: Motion carries. Rescind Resolution Setting Preliminary Public Hearing: Southview Preserve - This proposal is to subdivide a 14.54-acre pamel into three lots where Lot 1 equals 44,735 sq. ft., Lot 2 equals 37,343 sq. ft. and Lot 3 equals 42,470 sq. ft., with the remaining 11.53 acres of the property to be preserved as open space. The property is located on the s/s/o Main Bayview Road, approximately 900' e/o Cedar Drive in Southold. SCTM#1000-87-5-21.7 & 21.9 thru 21.13 George Solomon: WHEREAS, this proposal is to subdivide a 13.35-acre parcel into three lots where Lot 1 equals 44,735 s.f., Lot 2 equals 37,343 s.f. and Lot 3 equals 42,470 s.f., with the remaining portion of the property to be preserved as open space; and WHEREAS, on June 23, 2009, the Southold Town Planning Board re-issued Conditional Preliminary Plat Approval on the plat prepared by Victor Bert, P.E. and Paul Racz, L.S. of Nelson and Pope dated January 18, 2006 and last revised on August 4, 2006; and WHEREAS, on October 13, 2009, the Southold Town Planning Board set Monday, November 9, 2009 at 6:05 p.m. for a preliminary public hearing on the Preliminary Plat prepared by Victor Bert, P.E. and Paul Racz, L.S., of Nelson and Pope, dated January 18, 2006 and last revised on April 2, 2009; and WHEREAS, the Southold Town Planning Board has reviewed this action and determined that a preliminary public hearing on Monday, November 9, 2009 is not required for this application for the following reasons: Southold Town Planninq Board Pa.qe Fourteen November 9, 2009 ]) There have been no changes to any of the requirements of Southold Town Code Chapter 240, Subdivision of Land, since this application first received Conditional Preliminary Approval on January 9, 2007 which would impact the above-referenced application or require that any changes be made to the above-referenced application. 2) No new information has been submitted by the applicant that would impact the above-referenced application or require that any changes be made to the above-referenced application. 3) A preliminary public hearing was previously held on November 13, 2006 for this application; be it therefore RESOLVED, that the Southold Town Planning Board hereby rescind the resolution setting a preliminary public hearing on November 9, 2009 on the Preliminary Plat prepared by Victor Bert, P.E. and Paul Racz, L.S. of Nelson and Pope dated January 18, 2006 and last revised on April 2, 2009, for the proposed standard subdivision Southview Preserve. William Cremers: Second the motion. Martin Sidor: Motion made and seconded. Any discussion? All in favor? Ayes. Martin Sidor: Motion carries. Conditional Sketch Determinations: Guada.qno, Patrick - This proposal is to subdivide a 10-acre parcel into two lots where Lot 1 is 1.5 acres and Lot 2 is 8.5 acres, inclusive of a 2.5-acre building envelope and six acres of subdivision open space. The property is located on the n/s/o Orchard Street, approximately 1,008' w/o Platt Road in Orient. SCTM#1000-27-1-2 William Cremers: WHEREAS, this proposal is for a standard subdivision to subdivide a 10-acre parcel into two lots where Lot 1 is 1.5 acres and Lot 2 is 8.5 acres, inclusive of a 2.5-acre building envelope and 6 acres of subdivision open space; and WHEREAS, an application for Sketch Approval was submitted on June 23, 2006 and included the submission of a Yield Map prepared by Inter-Science Research Associates, Inc., dated last revised May 31,2006, an aerial/tax map overlay prepared by Inter-Science Research Associates, Inc., dated May 9, 2005, and the Sketch Plan prepared by John C. Ehlers, L.S., dated December 8, 2005; and Southold Town Planning Board Pa.qe Fifteen November 9, 2009 WHEREAS, on September 12, 2006, the Southold Town Planning Board granted Conditional Sketch Approval upon the map prepared by John C. Ehlers, L.S. dated December 8, 2005 and last revised on March 8, 2006, subject to the following conditions: 1. Submission of the application and fee for Preliminary Plat Approval. 2. Submission of a new Yield Map prepared and certified by a licensed Surveyor or Engineer. Submission of the Preliminary Map containing the following revisions: a. The title of the map shall read "Standard Subdivision for the Property of Patrick Guadagno." b. The building envelopes for each lot should be based on the bulk schedule requirements for non-conforming lots pursuant to Section 280-124(B) of the Southold Town Code. c. Show a 20'-wide flag strip on Lot 2. d. All Covenants and Restrictions shall be shown on the map. Submission of draft Declaration of Covenants and Restrictions containing the following clauses: a. Access to Lot 2 shall be from a private driveway within the 20'-wide flag strip shown on the approved subdivision map. b. The principal structure for each lot must be located within the principal building envelopes shown on the approved map. c. No residential structures may be located within the Agricultural Easement Area shown on the approved map. d. Simultaneously herewith, the Declarant is executing an Agricultural Easement for the open space area pursuant to Section 240-44(C) of the Town Code, to be recorded simultaneously herewith. e. Future residents of the lots on the approved subdivision map are advised that the lots are subject to the noise, dust and odors normally associated with agricultural activities pursuant to Article XXII, Farmland Bill of Rights, of the Southold Town Code. f. No further subdivision of any of the lots on the approved subdivision map in perpetuity. g. No changes to any of the lot lines without Planning Board approval. h. All stormwater run-off resulting from the development of any or all of the lots on the subdivision map shall be retained on site and shall be the responsibility of each property owner. i. Prior to any construction activity on Lots 1 and 2, the project will require a General Permit for the stormwater run-off from construction activity (GP-02-01) administered by the New York State Department of Environmental Conservation under Phase II State Pollutant Discharge Elimination System. 5. Submission of a draft Agricultural/Open Space Easement. Southold Town Plannin.q Board Pa.qe Sixteen November 9, 2009 6. Submission of the Park and Playground Fee in the amount of $7,000. This fee is payable prior to the endorsement of the final subdivision plat; and WHEREAS, on March 12, 2007, Conditional Sketch Approval expired; and WHEREAS, on June 23, 2009, the applicant re-submitted the application for the above- referenced project for Sketch Approval and a Sketch Plan prepared by John C. Ehlers, L.S., dated December 8, 2005 and last revised on February 16, 2009; and WHEREAS, on October 19, 2009, the Southold Town Planning Board reviewed the re- submitted application and determined that there were no changes to the previously submitted application and maps; be it therefore RESOLVED, that the Southold Town Planning Board hereby re-issue Conditional Sketch Approval subject to the above-referenced conditions from the previous Conditional Sketch Approval dated September 12, 2006. Geor.qe Solomon: Second the motion. Martin Sidor: Motion made and seconded. Any discussion? All in favor?. Ayes. Martin Sidor: Motion carries. SITE PLANS Final Determinations: Breeze Hill Farm - This proposed site plan is for additions and alterations to house and buildings. This proposed action is to build additions and make alterations to a two-story farm-house which will total 4,699 sq. ft., and to convert a one-story frame house to a farm stand which will total 1,093 sq. ft., and to build the following: a new farm crop storage building/barn which will total 1,356 sq. ft., an addition to a masonry building for a farm office which will total 2,674 sq. ft., and a horse barn which will total 1,819 sq. ft. The property is located 609' w/o Henry's Lane, known as 31215 CR48 in Peconic. SCTM#1000-74-1-36 Kenneth Edwards: I will offer the following resolution: WHEREAS, this proposed site plan is for additions and alterations to house and buildings: this proposed action is to build additions and make alterations to a two-story farm-house which will total 4,699 sq. ft., and to convert a one-story frame house to a farm stand which will total 1,093 sq. ft., and to build a new farm crop storage building/barn which will total 1,358 sq. ft., and to Southold Town Planning Board Page Seventeen November 912009 build an addition to a masonry building for a farm office which will total 2,674 sq. ft., and to build a horse barn which will total 1,819 sq. ft.; and WHEREAS, the applicant is the owner of Breeze Hill Farm located at 31215 CR 48, 609' west of Henry's Lane, in Peconic; and WHEREAS, on October 28, 2008, an application for site plan review and approval was submitted to the Southold Town Planning Board; and WHEREAS, on July 9, 2009, the Suffolk County Department of Public Works issued a Highway Work Permit (#48-258) pursuant to 136 of New York State Highway Law for the necessary improvements located along the County right-of-way fronting the above- referenced property; and WHEREAS, on August 14, 2009, the Planning Board, pursuant to Southold Town Code §280-131 C., distributed the application to all agencies having jurisdiction for their comments; and WHEREAS, on August 20, 2009, the Southold Town Architectural Review Committee reviewed the above-referenced application and approved the application's proposed designs for the additions and alterations proposed to the existing and proposed structures; and WHEREAS, on August 28, 2009, the Southold Town Engineer reviewed the above- referenced application and determined that drainage calculations and drainage design provided meet the minimum requirements of Southold Town Code §236 for Stormwater Management; and WHEREAS, on September 10, 2009, the Southold Fire District determined there was adequate fire protection and emergency access for the site; and WHEREAS, on October 7, 2009, the applicant submitted an abbreviated lighting plan as requested by the Southold Town Planning Board for this property and the Planning Board accepted this lighting plan indicating fixture style, location, bulbs and wattage and size of area to be illuminated by lighting; and WHEREAS, on October 13, 2009, comments submitted from the 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 20, 2009, the LWRP Coordinator found the proposed action to be consistent with the Local Waterfront Revitalization Program Policy Standards; and WHEREAS, on November 6, 2009, the Southold Town Chief Building Inspector reviewed and certified the proposed site plan as a permitted use in the A-C/R-80 Zoning Districts; and Southold Town Planning Board Pa.qe Eighteen November 9, 2009 WHEREAS, the Southold Town Planning Board, pursuant to §280-151 H of the Southold Town Code, has the discretion to waive the public hearing requirement for those applications involving uses strictly related to agriculture; and WHEREAS, the Southold Town Planning Board has found that the public hearing for this application may be waived for the following reasons: this site is an already active farm operation, the location and topography of the additions and new building is such that it will not be readily visible from any public roads or the residential neighbors and there is a vegetated buffer screening the proposed additions and refrigeration building from the neighboring houses to the West and from County Road 48 to the South; and WHEREAS, the Southold Town Planning Board, pursuant to §280-133 C of the Southold Town Code, has the discretion to waive any or all of the requirements in §280- 133 for those applications involving uses strictly related to agriculture; and WHEREAS, 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 to maintain public health, safety, and welfare for the following reasons: the application is for an agricultural use and the site is an already approved farm operation; and WHEREAS, pursuant to Southold Town Code §280-133 C, 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 use, and the parcel is large in size relative to the proposed and existing structures. The Planning Board hereby waives the site plan application requirements, except for the following items: §280-133 A. (1) and (2), B. (1)(a - f), B. (3)(a-f), B(4) (a), (b-partial), (c-partial) (e- partial), (f), (g-partial) and (i); and WHEREAS, all applicable requirements of the Site Plan Regulations Article XXlV, §280 - Site Plan Approval of the Town of Southold have been met; be it therefore RESOLVED, that the Southold Town Planning Board, pursuant to State Environmental Quality Review (SEQR) (6 NYCRR, Part 617.5 (c) (3), has determined that the proposed action is a Type II Action and not subject to review under SEQRA; William Cremers: Second the motion. Martin Sidor: Motion made and seconded. Any discussion? All in favor? Ayes. Martin Sidor: Motion carries. Southold Town Planning Board Pa.qe Nineteen November 9, 2009 Kenneth 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; Joseph Townsend: Second. 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 hereby waive the public hearing requirement and certain site plan requirements as noted above; William Cremers: Second. 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 to the site plan entitled "Breeze Hill Farm" prepared by Frederick R. Weber, originally dated September 22, 2008 and last revised on October 7, 2009, and authorize the Chairman to endorse the site plan. Joseph Townsend: Second the motion. Martin Sidor: Motion made and seconded. Any discussion? All in favor?. Ayes. Martin Sidor: Motion carries. Final Extensions: Foster~ Arthur - This proposed site plan is for a re-handling yard including stockpile of fill, topsoil and mulch for re-sale to contractors on a 3.24-acre parcel in the LI Zone located on the s/e intersection of Commerce Drive and Corporate Drive, also known as 350 Commerce Drive in Cutchogue. SCTM#1000-96-1-1.5 Southold Town Planninq Board Pa.qe Twenty November 9, 2009 Joseph Townsend: WHEREAS, the site plan application was submitted for approval proposing a re-handling yard including stockpile of fill, topsoil and mulch for re-sale to contractors on a 3.24-acre parcel in the LI Zone located on the s/e intersection of Commerce Drive and Corporate Drive, also known as 350 Commerce Drive in Cutchogue; and WHEREAS, on September 12, 2005, the Southold Town Planning Board granted final approval on the site plan prepared and certified by Joseph Fischetti, P.E. dated May 18, 2005; and WHEREAS, September 12, 2008, approval on the site plan prepared and certified by Joseph Fischetti, P.E. dated May 18, 2005 expired; and WHEREAS, on October 13, 2009, Mr. Arthur Foster requested an extension of the approved site plan in order to conduct a final inspection of the site as required by Southold Town Code §280-132; and WHEREAS, On Monday November 2, 2009 the Southold Town Planning Board agreed to grant an extension of this site plan approval; and WHEREAS, on Monday November 2, 2009 the Planning Board also required the following changes be indicated on the site plan prepared and certified by Joseph Fischetti, P.E. dated May 18, 2005: 1) The buffer area indicated on the inside of the southeast property line on the site plan map shall be removed; and 2) The building envelope outlined within the property and the reference to the building envelope and the future building on the site plan map shall be removed; and WHEREAS, the applicant made the above required changes to the site plan and re- submitted the new site plan reflecting those required changes on November 4, 2009; be it therefore RESOLVED, that the Southold Town Planning Board hereby grant an extension of the above-referenced expired site plan approval starting September 12, 2008 to November 30, 2009, and authorize the Planning Board Chairman to endorse the revised site plan submitted on November 4, 2009. William Cremers: Second the motion. Martin Sidor: Motion made and seconded. Any discussion? All in favor? Ayes. Martin Sidor: Motion carries. Southold Town Plannin.q Board Pa.qe Twenty-One November 9, 2009 Set Hearings: Chase Bank, Mattituck - This site plan is for the new construction of a 4,200 sq. ft. bank with two drive-through bays on a previously developed 112,647 sq. ft. (2.8-acre) parcel. The parcel is proposed to be subdivided along the zoning line that bisects it, with Lot 1 (49,262.82 sq. ft.) in the General Business (B) Zone and containing this site plan, and Lot 2 in the Residential (R-40) Zone. The site is located on the s/s/o NYS Route 25, approximately 133' e/o Marlene Lane, known as 10300 Main Road, Mattituck. SCTM#1000-143-3-33.2 George Solomon: RESOLVED, that the Southold Town Planning Board set Monday, December 14, 2009 at 6:00 p.m. for a public hearing on the Site Plan prepared by Thomas E. Murray, P.E., and John R. Sorrenti, R.A., dated December 17, 2007 & last revised March 24, 2008. 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: We need a motion to approve the Planning Board minutes of October 13, 2009. Joseph Townsend: So moved. William Cremers: Second. Martin Sidor: Moved and seconded; any discussion? All in favor?. Ayes. Martin Sidor: Motion carries. Is there anybody who wishes to get anything on the minutes? Hearing none, we need a motion to adjourn. George Solomon: I'd like to make a motion to adjourn. Kenneth Edwards: Second. Martin Sidor: Motion made and seconded. Any discussion? All in favor? Southold Town Planning Board Pa.qe Twenty-Two November 9, 2009 Ayes. Martin Sidor: Motion carries. There being no further business to come before the meeting, it was ADJOURNED at 6:50 p.m. Respectfully submitted, RECEIVED ~ ~?, 1 5 ~00~ $outhokl Town Clerk