HomeMy WebLinkAboutPB-02/08/2010PLANNING BOARD MEMBERS
MARTIN H. SIDOR
Chair
WILLIAM J. CREMERS
KENNETH L. EDWARDS
JOSEPH L. TOWNSEND
DONALD J. WILCENSKI
Present were:
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
PUBLIC MEETING MINUTES
Monday, February 8, 2010
6:00 p.m.
Martin H. Sidor, Chairperson
William J. Cremers, Member
Kenneth L. Edwards, Member
Joseph Townsend, Member
Heather Lanza, Planning Director
Kdsty Winser, Planner
MAILING ADDRESS:
P.O. Box 1179
Southold, NY 11971
OFFICE LOCATION:
Town Hail Annex
54375 State Route 25
(cor. Main Rd. & Youngs Ave.)
Southold, NY
Telephone: 631 765-1938
Fax: 631 765-3136
SETTING OF THE NEXT PLANNING BOARD MEETING
Martin Sidor: This meeting is now called to order. Good evening, and welcome to our
regularly-scheduled monthly Southold Town Planning Board Public Meeting. Our first
order of business is to set Monday, March 8, 2010 at 6:00 p.m. at the Southold Town
Hall, Main Road, Southold, as the time and place for the next regular Planning Board
Meeting.
William Cremers: So moved.
Ken Edwards: Second.
Martin Sidor: Motion made and seconded. Any discussion? All in favor?
Ayes.
Martin Sidor: Motion carries.
Southold Town Planning Board Pa.qe Two February 8, 2010
PUBLIC HEARINGS
6:00 p.m. - Zuckerber~. Lloyd P.: This proposal is for an 80/60 clustered conservation
subdivision on 32.83 acres of land. Lot 1 equals 65,562 sq. ft., Lot 2 equals 77,694 sq.
ft., and Lot 3 equals 29.5416 acres and is proposed to be preserved through a Sale of
Development Rights to the Town of Southold. The property is located at 2350 Wells
Road on the s/w corner of Wells Road and Route 25, Peconic. SCTM#1000-86-1-10.9
Martin Sidor: If anyone wishes to address this application, please step forward to the
microphone, state and write your name and address.
Charles Cuddy, Esq., for the applicant: As you indicated, this is a two-lot division on 32
acres. We had sketch plan approval from you in November 2008. Since that time we
have been working with the Health Department. We now have Health Department
approval on the map. I believe it is appropriate to approve this map; it would certainly
benefit the Town as a conservation subdivision. We have a contract and we plan to
close on the conservation subdivision in the next month.
Martin Sidor: Thank you. Is there anyone else?
Henry Pierce: I own the property on the east side of the property which you are talking
about developing. I have no objection. Welcome to the neighborhood. Thank you.
Martin Sidor: Thank you. Is there anyone else?
John G. Scott III, 760 Old Omhard Lane: I have no objection. It's just fine.
Martin Sidor: Thank you. Is there anyone else in the audience who wishes to address
the Board?
William Cremers: I make a motion to close the hearing.
Joseph Townsend: Second.
Martin Sidor: Motion made and seconded. Any discussion? All in favor?.
Ayes.
Martin Sidor: Motion carries.
Joseph Townsend: Thank you for attending.
Southold Town Planninq Board Pa.qe Three February 8, 2010
CONSERVATION SUBDIVISIONS, STANDARD SUBDIVISIONS, RE-
SUBDIVISIONS (Lot Line Changes)
Conditional Preliminary Determinations:
Battaglia, Joseph & Heidi: This is a standard subdivision of 101,002 sq. ft. into two
lots where Lot One is 43,213 sq. ft. and Lot Two is 57,809 sq. ft. in the R-40 Zoning
District. The property is located at 1720 Hobart Road, on the w/s/o Hobart Road,
approximately 1,059' n/o Terry Lane, Southold. SCTM#1000-64-3-3
Kenneth Edwards: Mr. Chairman, I would like to offer the following resolution:
WHEREAS, this proposal is for a standard subdivision of 101,002 sq. ft. into two lots
where Lot One is 43,213 sq. ft. and Lot Two is 57,809 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 Southoid Town Code, the Wetland Ordinance of the
Town of Southold; and
WHEREAS, on February 23, 2009, the Southoid 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
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; and
WHEREAS, the Southold Town Planning Board granted Conditional Sketch Approval
on July 14, 2009 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.; and
WHEREAS, on October 19, 2009, the applicant submitted an application for Preliminary
Approval; and
WHEREAS, on November 4, 2009, the Preliminary Subdivision Map was referred to the
Southold Town Engineer for review; and
WHEREAS, on December 7, 2009, the Southold Town Planning Board received
comments from the Southold Town LWRP Coordinator; and
Southold Town Plannin.q Board Page Four February 8, 2010
WHEREAS, on December 17, 2009, the Southold Town Planning Board reviewed and
accepted the Southold Town Engineer's comments; and
WHEREAS, on January 11, 2010, a Preliminary Public Hearing was held and closed on
the Preliminary Subdivision Plat entitled "Standard Subdivision of Joseph & Heidi
Battaglia" dated May 28, 2008 and last revised April 18, 2009, prepared by Nathan Taft
Corwin, Itl, L.S.; and
WHEREAS, on February 8, 2010, Suffolk County Planning Commission provided
comments stating that the subdivision was a matter of local jurisdiction; and
WHEREAS, all the conditions of Conditional Sketch Approval granted on July 14, 2009
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,
based upon an uncoordinated review of this Unlisted Action, establish itself as lead
agency and, as lead agency, 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.
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;
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 hereby grant Conditional Preliminary Approval upon the Preliminary
Subdivision Plat entitled "Standard Subdivision of Joseph and 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:
Southold Town Planning Board Page Five February 8, 2010
1. Submission of Final Plat Application.
2. Submission of Final Plat with the following required amendments:
i. Title the plat "Final Plat of Joseph and Heidi Battaglia".
ii. Add the name and address of legal owner of the property.
iii. Add key map.
iv. Add locations of significant trees outside of the limits of clearing and
labels identifying which are to be trimmed, removed or are to remain.
v. Pursuant to § 280-93. Front landscaped area. In all nonresidential
districts and in the Hamlet Density Residential and R-40 Low-Density
Residential Districts, one shade tree having a caliper of two inches
shall be planted within the front landscaped area for each 40 feet or
fraction thereof of lot frontage. Please propose and show locations of
each tree required taking into account the existing vegetation. Final
location and specifications of trees will be determined by the
Planning Board.
3. Submission of Draft Covenants and Restrictions to include the following
clauses:
a. Description of the required 30' non-disturbance, non-fertilization buffer
and proposed permissible maintenance activities (i.e. removal of
vegetation threatening property or health of residents) within the
buffer.
b. List and general description of all significant trees (greater than 18
inches diameter breast height) located on the lots and shade trees as
indicated above. Note that all identified trees require perpetual
preservation and maintenance activities should be clearly identified.
c. Pursuant to § 240-49. Clearing of the Southold Town Code. Clearing
limits on Lot 1 and Lot 2 are restricted to 50% of the total lot area.
Clearing limits shall be clearly staked and approved by a New York
State licensed engineer or surveyor prior to any new clearing or
grading of the lots.
d. All driveways shall be constructed of pervious materials.
e. There shall be no further subdivision of Lot 1 and Lot 2 into perpetuity.
Upon acceptance of the Covenant and Restrictions by the Planning Board, a
statement that a Declaration of Covenants and Restrictions has been filed in
the County Clerk's Office and that such Covenants and Restrictions affect the
subdivision and properties within it must be included upon the final plat. In
addition, the Liber and Page Number must be recorded on each Final Plat.
Submission of Letter of Water Availability from Suffolk County Water
Authority.
Southold Town Planninq Board Pa.qe Six February 8, 2010
5. Submission of Final Plat with Suffolk County Department of Health Services
Approval.
6. Submission of a $7,000 Park and Playground Fee pursuant to § 240-53.
Reservation of parkland on subdivision plats containing residential units.
William Cremers: Second the motion.
Martin Sidor: Motion made and seconded. Any discussion? All in favor?.
Ayes.
Martin Sidor: Motion carries.
Setting of Final Hearings:
Penny~ George IV: This proposal is to extinguish a 50' portion of an existing right-of-
way overlapping an existing LIPA easement. The property is located n/e/s/o Kenny's
Road, 705.5' n/w/o CR 48, Southold. SCTM#1000-59-3-17.3
Joseph Townsend: be it RESOLVED, that the Southold Town Planning Board set
Monday, March 8, 2010 at 6:06 p.m. for a public hearing regarding the maps prepared
by Rodedck VanTuyl, PC, Licensed Land Surveyor, dated June 17, 1987.
Kenneth Edwards: Second the motion.
Martin $idor: Motion made and seconded. Any discussion? All in favor?.
Ayes.
Martin Sidor: Motion carries.
Setting of Preliminary Hearings:
Mazzaferro, Karen: This is a proposed standard subdivision of a 4.28-acre pamel 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 at 1450 Horton's Lane,
on the e/s/o Horton's Lane in Southold. SCTM#1000-63-1-12
Southold Town Planninq Board Pa,qe Seven February 8, 2010
William Cremers: I will offer the following resolution:
Be it RESOLVED, that the Southold Town Planning Board set Monday, March 8, 2010
at 6:05 p.m. for a preliminary headng regarding the maps prepared by John Metzger,
Peconic Surveyors, P.C., dated September 30, 2009.
Joseph Townsend: Second the motion.
Martin Sidor: Motion made and seconded. Any discussion? All in favor?
Ayes.
Martin Sidor: Motion carries.
Nickart Realty: This proposal is to subdivide a 34,896 sq. ft. parcel into two lots where
Lot 1 equals 17,438 sq. ft. and Lot 2 equals 17,438 sq. ft. in the R-40 Zoning District.
The property is located on the s/s/o CR 48, approximately 900' w/o Bayberry Lane in
Southold. SCTM#1000-52-2-13
Kenneth Edwards: Mr. Chairman, I will offer the following resolution:
Be it RESOLVED, that the Southold Town Planning Board set Monday, March 8, 2010
at 6:10 p.m. for a preliminary public hearing regarding the map prepared by John
Metzger, Peconic Surveyors, P.C., and last revised on November 16, 2009.
William Cremers: Second the motion.
Martin Sidor: Motion made and seconded. Any discussion? All in favor?.
Ayes.
Martin Sidor: Motion carries.
Sketch Extensions:
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 for agricultural uses only, and the remaining 10.05 acres
will be restricted to agricultural use, 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. The property is located at 31900 Main Road in Orient.
SCTM#1000-19-1-7.4 & 7.5
Southold Town Planninq Board Page Eight February 8, 2010
Joseph Townsend: WHEREAS, this is a proposed clustered standard subdivision of a
127-acre parcel into 2 lots where Lot I would equal 124.05 acres of which Development
Rights have been sold for 114 acres for agricultural uses only, and the remaining 10.05
acres will be restricted to agricultural use, 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, the Southold Town Planning Board granted Sketch Approval on July 13,
2009 upon the map entitled "Survey of Property Situate: Orient" dated November 19,
2006, prepared by John C. Ehlers, Land Surveyor; and
WHEREAS, the applicant on January 6, 2010, submitted a request to the Southold
Town Planning Board requesting a six-month extension of Sketch Plan Approval
granted on July 13, 2009 because survey work is still being prepared; and
WHEREAS, Sketch Plan Approval expired on January 13, 2010; be it therefore
RESOLVED, that the Southold Town Planning Board hereby grant a six-month
extension of Sketch Plan Approval from January 13, 2010 to July 13, 2010 on the
map entitled "Survey of Property Situate: Orient" dated November 19, 2006, prepared
by John C. Ehlers, Land Surveyor as permitted by Southold Town Code §240-14.
William Cremers: Second the motion.
Martin Sidor: Motion made and seconded. Any discussion? All in favor?.
Ayes.
Martin Sidor: Motion carries.
SITE PLANS
Final 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 intedor 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
Southold Town Planninq Board Page Nine February 8, 2010
William Cremers: 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 Storm Water
Prevention Pollution Plan (SWPP), dated September 21,2008; and
WHEREAS, on February 03, 2009, the Southold Town Planning Board accepted the
application for review; and
WHEREAS, on February 04, 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, and LWRP Coordinator; 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 February 04, 2009, the Planning Board referred the application to the
Suffolk County Planning Commission; 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 Suffolk County Planning Commission
recommendation dated April 4, 2009, to approve the application with the condition that
the new building be re-located out of the slope area. was reviewed. The main reason
for this condition appeared to be related to storm water run-off and erosion concerns.
The Planning Board also reviewed the Storm water Pollution Prevention Plan supplied
by the applicant and found that it mitigated the storm water and erosion problems
associated with building on slopes; and
WHEREAS, on November 09, 2009, the Southold Town Planning Board found that the
mitigation proposed by the applicant was sufficient, and adopted a resolution to over-
ride the Suffolk County Planning condition to re-locate the conference facility building
by a majority plus one vote; and
Southold Town Planning Board Pa.qe Ten February 8, 2010
WHEREAS, on November 12, 2009, the Southold Town Zoning Board of Appeals
granted a variance for the height of the building and the Special Exception for the
additional (as-built) motel rooms and conference facility subject to the following
conditions:
1. The area above the second story in the conference center facility be used
solely as access to the open deck, lavatories, attic space, elevator;
2. No amplified sound shall be audible beyond the property line; and
3. All uses of the conference facility must be related to the use of the
hotel/motel and utilized by the guests thereof; and
WHEREAS, on January 13, 2010, the Suffolk County Department of Health Services
issued a Permit (#C10-08-008) and approved the project and stamped the map; 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;
Ken Edwards: Second the motion.
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 grant approval to the site plan entitled "Santorini Beach Resort" prepared by
Ehasz Giacalone Amhitects, P.C. and certified by Harvey Bienstock, P.E., originally
dated August 8, 2008 and last revised on January 12, 2009, and authorize the
Chairman to endorse the site plan packet that includes the following drawings:
· C-01 Existing Conditions & Demolition Plan
· C-02 Alignment & Scheduling Site Plan
· C-03 Proposed Grading Site Plan
· C-04 Proposed Utility Plan
· C-05 West Motel & Restaurant Proposed Sanitary & Stormwater
Drainage Plan
· C-06 East Motel, Training Center and Cabana Sanitary & Stormwater
Drainage Plan
· C-07 Site Details & Notes
· C-08 Erosion & Sediment Control Plan & Details
· C-09 Site Lighting Plan
Southold Town Planning Board Pa,qe Eleven February 8, 2010
Joseph Townsend: Second the motion.
Martin Sidor: Motion made and seconded, Any discussion? All in favor?
Ayes.
Martin Sidor: Motion carries,
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
Kenneth Edwards: 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 pamel
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
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 to the Final Approval from February 9, 2009 to August 9, 2009; and
WHEREAS, in a letter dated June 6, 2009, the agent, Patricia Moore, Esq,, requested
an additional extension of site plan approval; and
WHEREAS, on July 14, 2009, the Southold Town Planning Board granted an extension
to the Final Approval from August 9, 2009 to February 9, 2010; and
WHEREAS, in a letter dated January 7, 2010, the agent, Patricia Moore, Esq.,
requested an additional extension of site plan approval; be it therefore
Southold Town Planninq Board PaRe Twelve February 8, 2010
RESOLVED, that the Southold Town Planning Board grant an Extension of Approval
from February 9, 2010 to February 9, 2011 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.
William Cremers: Second the motion.
Martin Sidor: Motion made and seconded. Any discussion? All in favor?
Ayes.
Martin Sidor: Motion carries.
Set Hearings:
Valero Service Station: This site plan is for the conversion of an existing automotive
repair shop and gasoline service station to a 1,206 sq. f. convenience store and
gasoline service station on an 18,473 sq. ft. lot in the Hamlet Business Zoning District.
The property is located at 28975 Main Road, on the n~v corner of Main Road and
Depot Lane, Cutchogue. SCTM#1000-102-5-26
Joseph Townsend: Be it RESOLVED, that the Southold Town Planning Board set
Monday, March 8, 20t0 at 6:20 p.m. for a public hearing regarding the site plan
prepared by William J. Lahti, P.E. dated October 20, 2008 and last revised December
5, 2009.
William Cremers: Second the motion.
Martin Sidor: Motion made and seconded. Any discussion? All in favor?
Ayes.
Martin Sidor: Motion carries.
Raphael Vineyards: This amended site plan is for the construction of a 6,244 sq. ft.
second winery building on a previously developed and approved 50.4-acre parcel in the
Agricultural Conservation Zoning District. The property is located at 39390 Main Road,
on the s/s/o Main Road approximately 520' w/o Indian Neck Lane, Peconic.
SCTM#1000-85-3-11.3 & 11.4
Southold Town Plannin.q Board Page Thirteen February 8, 2010
William Cremers: Be it RESOLVED, that the Southold Town Planning Board set
Monday, March 8, 2010 at 6:15 p.m. for a public hearing regarding the site plan
prepared by Ira Haspel, R.A., dated August 28, 2009, last revised November 10, 2009.
Kenneth Edwards: 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 January 11,
2010.
William Cremers: So moved.
Joseph Townsend: Second.
Martin Sidor: Moved and seconded; any discussion? All in favor?
Ayes.
Martin Sidor: Motion carries. Is there any Board Member who wishes to get anything
on the record? We need a motion to adjourn.
Joseph Townsend: So moved.
Kenneth Edwards: Second.
Martin Sidor: Motion made and seconded. Any discussion? All in favor?
Ayes.
Martin Sidor: Motion carries. Thank you.
Southold Town Plannin¢l Board Page Fourteen February 8, 2010
There being no further business to come before the meeting, it was ADJOURNED at
6:16 p.m.
Respectfully submitted,
Martin H. Sidor, Chair