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HomeMy WebLinkAboutPB-03/08/2010PLANNING BOARD MEMBERS MARTIN H. SIDOR Chair WILLIAM J. CREMERS KENNETH L. EDWARDS JOSEPH L. TOWNSEND DONALD J. WILCENSFLI PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cot. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 PUBLIC MEETING MINUTES Present were: Monday, March 8, 2010 6:00 p.m. Martin H. Sidor, Chairperson William J. Cremers, Member Kenneth L. Edwards, Member Joseph Townsend, Member Donald J. Wilcenski, Member Mark Terry, Principal Planner Tamara Sadoo, Planner Kristy Winser, Planner Carol Kalin, Secretary SETTING OF THE NEXT PLANNING BOARD MEETING Martin Sidor: Good evening, and welcome to the Southold Town Planning Board regularly-scheduled monthly Public Meeting. Our first order of business is to set Monday, April 12, 2010 at $:00 p.m. at the Southold Town Hall, Main Road, Southold, as the time and place for the next regular Planning Board Public Meeting. William Cremers: So moved. Joseph Townsend: Second. Martin Sidor: Motion made and seconded. Any discussion? All in favor? Ayes. Martin Sidor: Motion carries. Southold Town PlanninR Board Pa.qe Two March 8, 2010 PUBLIC HEARINGS 6:00 p.m. - Geor,qe Penny IV: This proposal is to amend the approved map for the Major Subdivision of Papadopoulos & Maragos by removing 25' of a 50' right-of-way which was "reserved for possible dedication to the Town" and which has never been dedicated. The property is located on the n/e/s/o Kenny's Road, 705.05' n/w/o CR 48, Southold. SCTM#1000-59-3-17.3 Martin Sidor: If anyone wishes to address this application, please step forward to either microphone, state your name and address and write down the appropriate information on the sheet provided. Hearing none .... William Cremers: I will make a motion to close the hearing. Donald Wilcenski: Second. Martin Sidor: Motion made and seconded. Any discussion? All in favor? Ayes. Martin Sidor: Motion carries. 6:05 p.m. - Mazzaferro, Karen: This is a proposed standard subdivision of a 4.28-acre parcel into 3 lots where Lot 1 equals 41,994 sq. ft., Lot 2 equals 43,631 sq. ft., and Lot 3 equals 90,023 sq. ft. in the R-40 Zoning District. The property is located at 1450 Horton's Lane, on the e/s/o Horton's Lane in Southold SCTM#1000-63-1-12 Martin Sidor: If anyone wishes to address this application, please step forward, state your name and address. Abi.qail Wickham, Esq.: Good evening, I represent the applicant, Ms. Mazzaferro. The Board has reviewed this in considerable detail for quite some time. If you have any further questions about it, or if there is anyone here that might, we'd be glad to try and help answer the questions. Other than that, I have nothing further. Thank you. Martin Sidor: Are there any questions from the audience? Please. Donald Wa.qner, President, Founders Villa.qe Homeowners Association, Youn.qs Ave. We are to the east of the property in question. I am just here to say it looks fine to us; we have no objections, and we look forward to a nice new neighbor. Thank you. Martin Sidor: Thank you. Is there anyone else who wishes to speak? Hearing none... Southold Town Planning Board Page Three Mamh 8, 2010 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. 6:10 p.m. - 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 County Road 48, approximately 900' w/o Bayberry Lane in Southold. SCTM#1000-52-2-13 Martin Sidor: If anyone wishes to address this application, please step forward, state your name and address. Patricia Moore, Esq. This application is a marvel to perseverance because when you go back to the history of this file, it has been a long time coming to this point. This application started with the Town back on September 18, 1996. That's when the property owner, who is still the same property owner, received a Notice of Disapproval because he proposed to create one lot from this property. The parcel is undersized, no doubt about that. And it needed to go to the Zoning Board for approval. The Zoning Board, after careful consideration, looked at the surrounding community; the existing properties are all developed around this particular property. The lots that surround this property are 50' x 90', and this particular parcel is next to the motel parking lot. It's across from the Town Beach. (inaudible) all the cimumstances of this property, it was reasonable for the Zoning Board to grant a variance. They granted a variance for the creation of one lot from this particular property. In addition, they created setbacks and restrictions. All of them have been complied with. The applicant (it was before I was involved) came to the Planning Board at that point. But the Planning Board said "we're not sure you're gonna get Health Department, so we're not going to continue to review this until you go to the Health Department." Lo and behold, years later, October 30, 2006, the Health Dept. approved this subdivision. The map was stamped April 25, 2008. By the time the Covenants were recorded and agreements were made, it involved purchase of sanitary credits and so, at that point we had Health Dept. and Zoning Board, and it was time to come back to this Board. On July 14, 2008, we received sketch plan approval. However, the Planning Board had certain conditions. The first condition was that we had to have a DEC letter of non-jurisdiction. That was not a problem; that was obtained very early on. We have Route 48 across from the Town Beach, so we have a public read DEC jurisdiction cut off there. On the other side, we have cement bulkheading and homes. So we are well away from the Southold Town Planning Board PaRe Four March 8, 2010 jurisdiction of the DEC. Secondly, the Planning Board asked us to obtain an archaeological determination from the Office of Parks, Recreation and Historic Preservation. That was quite an undertaking. While the parcel is only 17,000 sq. ft., we had to undergo an Archaeological Assessment I and II send it to the State to prove that we had no archaeological or historic remnants on this property. I think common sense would have told us that there weren't any, but unfortunately that's the process and my client paid for it and got a final determination from Office of Parks & Recreation. They issued a letter on March 20, 2009 stating no impact of this development. We are now back prior to the Public Hearing there were now recommendations from all sources which became very confusing and difficult because we had the Zoning Board conditions and we had the Town Engineer, Planning Staff; everybody was superimposing conditions and requirements on this project. What we felt we needed to do was have a simple drawing superimposing all of these conditions and try to analyze which conditions were the important ones; which ones were appropriate for this property and which were not. Ultimately, we got to the plan that is before this Board, where we had agreed that certain landscaping is being provided. We thank Mr. Lipinski, who is going to prepare a planting list that has been long overdue for the Town, and we are going to refer, re it as certainly native~-~k~olerant plants, and we are meeting all of the ~/egetative buffers that are r~l'd~ed on this property. For a very small piece of property, we have gone through a very long, tedious process. But we are finally at a point where we have a final plan; the subdivision map, while it is a simple one-lot creation, has for the most part been site planned with all the details. So, at this point we have a plan we hope the Board will consider favorably, approve it, so that my client after 20 years of pursuit, can finally enjoy his piece of property. Thank you. Martin Sidor: Thank you. Anyone else wishing to address the Board? Hearing none, we did receive a correspondence that will be admitted to the record. Joseph Townsend: We received a correspondence signed by Fran Smolceski, Amelia Smolceski, Joyce Demos, James Smolceski from Southold. They are not able to be here, but they raise some concerns about this application. It's on file and anybody can review this letter, which we received today. I move that the hearing be closed. Kenneth Edwards: Second. Martin Sidor: Motion made and seconded. Any discussion? All in favor?. Ayes. Martin Sidor: Motion carries. Southold Town Planninq Board Page Five March 8, 2010 6:15 p.m. - Raphael Vineyards: This amended site plan is for the construction of a 6,244 sq. ft. second winery building on a previously developed and appro, ved 50.4-acre pamel in the Agricultural Conservation Zoning District. The property is located at 39390 Main Road, on the s/s/o Main Road, approximately 520' west of Indian Neck Lane in Peconic. SCTM#1000-85-3-11.3 & 11.4 Martin Sidor: Anyone who wishes to address this application, please step forward, state your name and address. Abigail Wickham, Esq., Good evening, I am the attorney for the applicant. The Petrocellis are here this evening. If the Board has any question about the application, we'd be glad to address it. This is an application for a winery building which would be located slightly to the east of the main winery building and it would be for a small tasting room. Mr. Petrocelli would like to put in a type of wine history museum in it as well for educational purposes for his public that visits. So, if you have any questions, we'd be happy to try and answer them. Thank you. Martin Sidor: Thank you. Anyone else from the audience? Yes? Muriel Andrews, 772 Indian Neck Lane, Peconic. My property abuts up the winery. I just have several questions that I'd like to address to the Petrocellis. And that is: what are you going to do with this building? I mean, you know, none of us have a problem with you putting up another building, but we have concerns that there will be functions in this building as well as the main building, so we would just like to find out from you what your plans are for this building? John Petrocelli, Owner, Raphael Vineyards: It will be wine tasting, and it will be open at 11:00 and close at 5:00. There will be no music, and it will be basically for information on the wine industry. Muriel Andrews: So, there won't be any weddings going on there? It's strictly just small scale and it will be closed by 5:00? John Petrocelli: It will be an identical building, but it will be squashed down. Muriel Andrews: Right, right, right. OK. Martin Sidor: Are there any other questions from the audience regarding this application? Richard Olsen-Harbich, Raphael Winemaker: Just real quick, I think what's proposed here is something that's very unique; it really hasn't been done before in terms of a center or a small area that can educate the general public about the North Fork. In particular, we plan on having some displays regarding climate and soil of the North Fork, more educational that way, and doing small group tastings. (It will be) a place where we can bring important customers; let's say when things are much busier in the winery tasting room, it's often difficult to handle VIP's, visiting dignitaries or special Southold Town Planninq Board Page Six March 8, 2010 customers and that kind of thing. So it will be on a relatively small scale that way, pretty Iow key. And we also do intend to have tastings available, but again, the winery is the main place to do that. This is really overflow for special groups, and also some office space which we desperately need and didn't really have in the other building for record keeping and so on. No wine making is going to take place there. Special events are not going to take place there. That's all in the main room. I'm happy to answer questions from anybody too, if they want to stop by or call and speak to me as well. Martin Sidor: Thank you. Anyone else from the audience? Dave Cichanowicz: I am the adjoining neighbor to the Petrocelli's. I have absolutely no objection to what they have proposed. They have always done everything better than needed, and it's a nice improvement for the neighborhood. Martin Sidor: Thank you. Anyone else from the audience? Yes? Richard Tynebor: I live over on Indian Neck Lane. I'm just curious, how many of you gentlemen live in Peconic? Nobody? I was just wondering. I have some questions: will there be a parking lot extension, and can you describe to the audience what that parking lot extension will be? Abigail Wickham: Yes, in fact the map is out there on the door. In addition to the existing parking, there will be additional parking in front of this building. It will be basically camouflaged from the road by the vines that will (inaudible) north of the parking lot, south of the Main Road. There is also a provision that I believe (inaudible) for overflow parking should that be required to the east of the building. Richard Tynebor: How many cars do you speculate to be (inaudible)? Abi.qail Wickham: They are proposing an additional 30 spaces (inaudible). Richard Tynebor: And may I ask how far south from the Main Road is this parking lot going to be extended? Abigail Wickham: The parking lot will be about 200-250' south of the Main Road. Richard Tynebor: The only reason I am aware of this is I was told by a neighbor, and I saw the headng sign, but I was never given anything in the mail which I thought I should have received. I have a question: will there be an open deck added to the building? John Petrocelli: In the back there will be a verandah. Richard Tynebor: Could you give me the size of that verandah? John Petrocelli: About 14' x 30'. Gall Wickham: 25. Southold Town Planninq Board Pa,qe Seven March 8, 2010 Richard Tynebor: OK, So you're going to have a verandah now behind the building that you're going to construct or behind the existing building? John Petrocelli: Behind the building we are going to construct. Richard Tynebor: Now the building that you're going to construct: is that going to be south of the building that's existing there? Gall Wickham: No. It'll be east and slightly northward of that. Richard Tynebor: OK. I guess the question that I have; I remember when Raphael was first asking for their permit--let me ask you, sir, what year did you first construct Raphael Winery? John Petrocelli: (inaudible)would be 1996. We built the building around 1999. Richard Tynebor: Well, when the building was originally built, or prior to it, when we had a hearing, I was under the impression that the whole concept of the building was that they were going to basically develop one wine, and this was going to be a specialty wine and that was really going to be the extent of it. That was the impression I had; now I could have misunderstood that. My wife also has the same impression. That's not the case. Right now, and I am sure all of you are aware of it--and I believe in the entrepreneurial spirit, but what concerns me is that the impression that I had--having one wine--ended up being a major catering business where you have weddings and other activities going on. I guess what concerns me about that is--living out here all my life, on the south side and over here--I've seen many changes. I really thought that this winery-as beautiful as the building is--and I'm sure as good as the wine is--has had certain detrimental effects upon the surroundings. First of all, you have the lighting. OK, and you can't deal with that. But the noise--the noise. I live way down Indian Neck Lane, way past that 250'. And 10:30, 10:45 at night, I'll hear "um bop bop" all types of music. I'm talking about the winery that's on the Main Road. I'll cease and desist. But I hear this music; I hear laughter. I love laughter. But 10:45, 11:00, 11:15--1 really don't think it's fair to the residents. Now I heard some of the residents here who said that they have no objection to it, and I respect their feelings. But I like quietness. I love the beauty. I remember when it was that way out here. That has changed. Now I have people who are running back through the fields who maybe sometimes get too involved. It was even to the point when I went down there and I spoke to the people. I won't get into the situation that I had down there; it was unbelievable. Again, I am all for business, but I am concerned for our environment; I am concerned for the peacefulness of the beautiful hamlet of Peconic. I know the intentions are good to make money; nothing wrong with that--I think it's great. But when you start having a parking lot 250' off Main Road--cars aren't like they were in the '50's--everybody has "click click", "beep beep" lights go on, somebody hits the wrong button, the alarm system goes off. There's a lot of noise. Then you have people who can't help it--they're noisy. I just don't think that's the right thing. I want to thank you for the opportunity to express my feelings. Southold Town Planninq Board Pa.qe Eight March 8, 2010 Martin Sidor: Thank you. I don't know if there are any questions left to respond to. I think that when you mention lighting: this is something we do go through a process for. There is no noise ordinance. Gail Wickham: I think the applicant made it clear that this building is not intended to be used in the evenings; it's a daytime business. It supplements the existing winery operation; it's the same type of business. Those of you in farming know that agriculture is very difficult. They are in compliance with the Code in terms of their zoning requirements. The parking area is over a couple hundred feet away from the nearest property owner. Again, in terms of noise, they will do what they can; I think that they have had discussions with the neighbors over the years, so I've been told. If there were problems, they make every attempt to correct it; they are a local family and they are all involved in the business. I think they would continue to welcome those types of comments if they do occur, not only now but on an ongoing basis. Richard Tynebor: Again, the concern that I have, and they did state very clearly that this is going to be more or less an afternoon or late afternoon gathering of wine tasting, which is wonderful. But I do remember when this original building--I was under the assumption: one wine. Five o'clock it's done: one wine. Will it be 7:00? Will it be 11:007 Will there be more noise out there? If a neighbor is having a party and they're going crazy, I don't care if it goes until 2:00 in the morning, because it's one night. But this is all summer. The reason I ask you is that you don't live there. It's a little bit different when you don't live there. But just think about it:--how would you like to hear that every night? Well, not every night, but you hear it on weekends. I would like you to consider that. I thank you for your time, and if there's anything that I was misgiven on, I'd like to be corrected for the minutes. If there's anything that I said-since we have an attorney here-that I'm not being accurate with, I'd like to be corrected. Gail Wickham: My only response would be in terms of how many wines a company produces, I don't think that's something that (inaudible) mechanism that the Town has the ability to control. And I don't really think it's appropriate to this discussion. I think what you're here to look at is where the building is located, is there enough parking, is the lighting contained, is this built in accordance with the Town Code in terms of architectural review, screening, whatever all those protections are that are built into the Code to try and address any concerns the neighbors might have. I think you'll find the applicant as we go through this process is very amenable to dealing with any objections that are valid. Richard Tynebor: And my point, this will be the end, I heard that same song many years ago, and it didn't play out to be that same tune. I just don't want to again have the wool pulled over my eyes. Thank you. Martin Sidor: Thank you. Anyone else from the audience? Please. Southold Town Planninq Board Pa.qe Nine March 8, 2010 Steve Mudd of Mudd Vineyards, Southold: I helped the Petrocellis establish the vineyard at the beginning. I don't remember this gentleman's name, but I just want to clarify the confusion on his part. When Raphael's part of their presentation was on one wine, it was one grape variety, which was Merlot, which is a domineering planting of that particular farm which we use for a lot of different types of blends. But I just want to clarify the confusion on this gentleman's part: when he was talking about one wine, it was one variety of grape which was the domineering varietal to be planted. I thank you for your time. Martin Sidor: Thank you. Anyone else? Yes? Please step forward and sign. Jim Andrews, 772 Indian Neck Lane, Peconic: About the lighting. You said you had special provisions for the lighting? When they go on and off? That's my main concern because there's a lot of light pollution there just to enjoy the stars at night. Gall Wickham: The Planning Board has requirements that we will have to comply with both in the architectural review process, which is coming up in the dark skies (inaudible) considerations. If they ask for a specific lighting plan then we will certainly provide that, so that you can see just what the effect would be to adjoining neighbors. Martin Sidor: Thank you. Gall Wickham: We haven't submitted a lighting plan yet. We are earlier in the process. I don't think that's been actually given to the Board yet, but certainly it's something that you I know are going to have to see before we are done with this process. We will submit it for your review. I know the Board; they are very concerned about that; it's one of those things they look at very closely. Martin Sidor: Anyone else wishes to address the Board? Please. Joe Corso, President, North Fork Chamber of Commerce: I actually came here to speak under a different matter, but listening to this particular discussion, I just want to support what they are doing because basically, as we can see out here, the wine industry has actually rejuvenated the North Fork. As the representative of the Chamber, we are trying to do everything this year to maintain the momentum. We have a lot of empty storefronts here and any venture that will aesthetically benefit the North Fork and provide jobs for people we are in favor of. So I just want to go on record that the Chamber will be behind this particular venture. Martin Sidor: Thank you. Anyone else in the audience? Richard Olsen-Harbich: Just for the record, I wanted to let the Board know our vineyard produces only wine from grapes that we grow on our 60-acre vineyard property, which is not necessarily the case for every single vineyard on the North Fork. Also, the Petrocelli family has preserved 50 acres of farmland on that property, unlike many other vineyards on the North Fork. I think that's an important point that we need Southold Town Planninq Board Page Ten Mamh 8, 2010 to remember: that property is forever in agriculture that was done many, many years ago right after we first opened. I think it's an important point: part of our sustainable vineyard program. Thank you. Martin Sidor: Thank you. Yes? Muriel Andrews, Indian Neck Road: I just want to say the Petrocellis are great neighbors. In the beginning, when the weddings first started, we had a lot of issues with them running really late and really loud and the drunks in the parking lot. But Julie and I have worked really hard together to try and settle things down. I just want everybody to know that they're trying. They don't have control of what people do when they walk out the door of their building. They are there to have a good time; I'm all for having a good time, too. But Julie has tried to work with us and whenever we've had problems, Julie will tell you, I'm the first one on the phone to say "what happened last night?" and they've tried to curtail the weddings to end up earlier. I think that's really the major issue when you talk about the quality of life. Nobody wants to hear drunks and car alarms going off at 1:00 in the morning. And that's what happened previously, but they've worked to curtail that now. So, once again, we love the wine industry, we love the Raphael family and we want to see them thrive. But we also want to have a quality of life for the neighbors and I think if we work together like this, we can do it. Martin Sidor: Thank you. Anyone else? Hearing no other... Donald Wilcenski: 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. Thank you. 6:20 p.m. - 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. ft. 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/w comer of Main Road and Depot Lane in Cutchogue. SCTM#1000-102-5-26 Joseph Townsend: For this hearing--there may be some interest here--and I see there are still quite a few people left. I think if you would make your remarks at the podium and then take your seat and let the applicant respond to those remarks, we could proceed so that everyone would have a chance to ask questions and express their opinion. If things come up and you want to come to the podium again, at that point come up again and ask follow up questions. But I think it's important that everyone Southold Town Planninq Board Page Eleven March 8, 2010 have a chance to speak and to move the hearing on so that all the issues get dealt with. That's just my only point. Thank you. Martin Sidor: Thank you. Anyone from the audience wishes to address this application? Patricia Moore, Esq.: Would you like us to set up the boards so you can see? Martin Sidor: Yes. Patricia Moore, Esq.: I have to apologize that I was brought in late to this party, and I have the property owners and partners of 808 Realty Corp. here today. I also have Pat Lenihan from Dunn Engineering. Unfortunately, t he engineer who drew up the site plan could not be here for personal reasons. So, if there are specific questions that neither one of us can answer, we may have to defer to him. We'll do our best. When I first got involved with this project, I did take a look at the history of this property and I found that back in 1995 this property had a site plan. The site plan was part of the canopy. The canopy had gone to the Zoning Board and to the Planning Board and received site plan approval. The gas station has been there for many years, more than 30 years I would say--40 years. What occurred is that come January 1,2010, gas stations, as I am sure you are aware, the petroleum tanks of all the different gas stations had to either be replaced or closed up. That was the circumstance the owners found themselves in; they had to replace the tanks. On May 2, 2008, they applied to the Building Dept. for the replacement of the tanks. The plans received a Building Permit; they showed the tanks--in this case we have the two tanks that were placed up in (1'11 point to it) the northeast area where the underground tanks are--there were two large tanks. Then a third tank was for the diesel fuel. That was all shown on the set of construction drawings. In addition, there was new piping that was required, all to the pump island-that is the brown area towards the south. That is the property where the existing pump islands were. There was also piping showing to the east of the pump islands that is just southwest of the building. All of this, as I said, received a building permit. During that period of time, while this was all occurring, they decided that, in addition to the standard renovations for the existing gas station, you can see from going by there, it was painted, the windows were replaced; it really looks attractive. There was a thought to replace the existing repair bays, there are two existing repair bays that were being converted to a very small convenience store accessory to the gas station use. The gasoline sales received a Certificate of Occupancy, but the convenience store was sent to this board for Planning Board approval for site plan review. That history I have a memorandum because there's just so much with respect to the history and all of the circumstances here which I have given to you so after I'm done I'll give it to you so you're not distracted while I speak. At that point, the property owner was asked to submit a Building Permit application for the renovation to the existing building. At that point, 'they were referred for site plan. However, had I been involved at that time, I would have addressed the Board very differently. First and foremost, we have a provision in our Town Code, and the specific provision speaks in terms of pre-exisfing non-conforming uses. In this instance, we have a gas station with a pre-existing non- conforming use. There is specific language in 280-123A1 that specifically says that Southold Town Planninq Board Pa.qe Twelve March 8, 2010 pursuant to that section of the Code: "a structure containing a non-conforming pre- existing commercial use may be expanded up to 15% without site plan review." So, this whole process I think has snowballed at this point and we are here. Practically I will talk about the site plan that's before you. But as a matter of law, the Code spoke in terms of not requiring a site plan for this work. There is a secondary provision again, and this law was passed at the time there was rezoning and so on, and it was to assure existing businesses that they could reasonably expand-which it was believed legislatively--up to 15% without having to go through a site plan process. And that protection was in the Code and still remains in the Code. Had this provision been pointed out, they would have received a Building Permit for the renovation and they could have proceeded at least to finish everything that's there without the months of process. Ultimately, the Town Board adopted the convenience store legislation 16 months after the initial site plan application was submitted. So, as a matter of law, here we are months later; there is a site plan. But I want to point to the second provision of the Code, and it speaks in terms of: if you believe that more than 15% of the structure has been expanded--and there is no expansion here of the structure--but even in the provision where you expand more than 15%--there is a limited site plan review that's associated with that project. And a "limited" issue under site plan review is: #1 - "Substantial enhancement of the overall site landscaping and/or natural vegetation" which has clearly been done here. #2 - "Employment of best visual practices by upgrades to existing building facades and/or design of new buildings and/or additions to existing building which accurately or more accurately depict the historic or existing world character of the immediate and nearby neighborhood." All that "bla-bla-bla" is: you make the place look better. And that is the second provision of 281-23; that if you were to expand more than 15%, you can expand as much as 30%, but you have to go through a limited site plan review. All that being said; the engineers here cooperated, the owners cooperated, everybody tried to submit paperwork to this Board to satisfy what they were being told. Again, as a lawyer, when I went through and I reviewed, it just didn't make any sense to me; why are we going through this process? So, that being said, it's in the memorandum, and it's on the record. With respect to the actual plan that's been submitted to this Board, I am (inaudible) to Dunn Engineering to go over some of the points that were raised in the Traffic Analysis. Again, that Traffic Study was done under the belief that we needed full site plan review, and it's now part of your record. Joseph Townsend: Pat, I don't understand: are you going to proceed with this, or are you going to withdraw this? Because we are reviewing it as if it's a normal site plan with all the same requirements. If you are going to wait for us to deny it and then come back and say well, you didn't have the right to deny it... Pat Moore: Here's the situation: it didn't need site plans. The site plan practically has been given to you, and we can make the site better, which is the goal here. Now, the gas station use has a CO. So, issues with regard to the pump station and the pumps are not a site plan issue; we have a Notice of Disapproval that sends us to the Board for the convenience store. So, we are dealing with the convenience store issue. Southold Town Planning Board Pa.qe Thirteen March 8, 2010 Joseph Townsend: But the new islands: you are saying that's within the 10%? Pat Moore: That's not a Certificate of Occupancy. The Building D~pt. issued a CO in accordance with the plans. The plans showed everything in complete detail. That has a CO. It surprised me when I went through and reviewed it and there were comments about the pump island when we have a Certificate of Occupancy. So, I'm in a little bit of a precarious position in that the plan has been submitted to you, we're here at the Public Hearing. What I'm saying to you is: there was a provision even in the greatest expansion of 30%, there was limited site plan review. Also, there was a site plan matter was approved here from 1995. The only change to that site plan arguably was moving the parking--on that site plan it showed it on the west side--to the northwest side. The amount of parking that was site planned in 1995 for the repair bays and the gas station all comply with ....... Joseph Townsend: From my point of view, as one member, I would have to continue to review this as if it's a normal site plan because we haven't run those options in front of the Town Attorney. And those questions that relate to these aspects which you say are not reviewable or shouldn't be reviewable, I am going to proceed as if they are. Pat Moore: We will address to the extent that we can answer some of the questions that have been raised. Joseph Townsend: It doesn't look like a lot of questions will be raised tohight, but ...... Pat Moore: We'll try to answer what we can but, again, we are kind of veering off outside the scope of what should have been a review process. Again, my memorandum--I'll give it to you and ask you to read it and look at the Code yourself. Joseph Townsend: OK. Patrick Lenihan: Good evening members of the Planning Board. I am an associate engineer with the firm of Dunn Engineering Assoc. with offices in Westhampton Beach. Those of you who may not be familiar with me, I am a professional engineer in New York State and our firm does specialize in traffic and transportation engineering. We were brought on board by the applicant summer of last year to perform a traffic impact assessment for the application before you based on the conversations we just heard, I am going to assume that I am including the pumps in my talking tonight as if the whole revision to the site plan was new. Whenever we do anything that is likely to have any traffic level at all, people get worried about the traffic levels that come to the site. Convenience stores tend to make people's ears raise. So, I want to take a second to talk in general about the traffic at gas stations and convenience stores. We know from published data--it's very accepted--we know from surveys that we've done as a firm, that the vast majority of traffic that visits gas stations and convenience stores are already on the road passing by. Most people would not get out of bed in the morning and go for gasoline and go home; they stop on their way to work, they stop on their way home. And in large part, that's the same story with the convenience store use. In this case, we are right next door to a 7-Eleven, which is certainly more recognizable and Southold Town Planning Board Pa,qe Fourteen March 8, 2010 certainly much larger. It's going to have a larger selection. So, in this case in particular we really feel that the patrons that are going to visit the convenience store are going to be for a vast majority, associated with the gas pumping operation. If there is someone who just wants to get a convenience item, they are much more likely to go to 7-Eleven than to go to this Valero Station. But if someone has to make a combined trip, they can do it here without going back on (Route) 25 and then visiting 7-Eleven. And in that sense, trips can be even somewhat reduced, or a portion of them. That was not the case with the previous use of that portion of the building as auto repair. While we would say that convenience and gas is not a destination--it's a pass-by trip. If you go to have your car repaired, you need to drop off your car and get picked up. Those are new trips on the road that add to the traffic on the road itself. With the new pump island (also from published data), the best predictor of traffic visiting a gas station is not the number of pumps at the gas station, but it's the traffic on the adjacent street. Again, it goes back to this convenience issue. The number of people visiting the gas station depends on the number of people driving by. If they are not driving by, they'll go to a different gas station. I think in our daily workaday, we probably all do the same thing. There are specific numbers in the report that I believe was submitted; if you don't (have it), I have extra copies that speak to this and you'll see that the increases we are going to see at the driveways-we expect them to be very small. And then again, while there might be increases at the driveways, even less of that traffic is new traffic. It's traffic that's here already; it might be going to 7-Eleven next door or the gas station down the street. Access and circulation: There has been some question raised regarding the new pump island on the side of the building. Unfortunately, I think the site engineer sent in some information to the planning staff that actually showed an issue with the planter on the side of the building. What I have done in this particular drawing is redo something that was submitted by the site engineer using some software that we use on sites. It's called auto-turn. You may have heard of it. It has templates of standard vehicles that you can show on paper how vehicles traverse a site, egress in and egress out. What you can see is the one movement that we are worried about: the most difficult one to perform is this movement on the west side of the new pump island returning to (Route) 25. Now this is a standard 19' long vehicle that comes from a standardized publication called "Ashtow (?)" which has turning geometry criteria for different kinds of vehicles. As you can see, we can make that turn without coming near what's referred to as that planter box. You can see that if I was on the other side of that island-although I didn't show it because I didn't want them to run into each other--that move is even easier. So the question is about the circulation around that island. Also today while I was there, I did this myself in my Jeep. I have a Jeep Commander--it's the biggest one they mako and I had absolutely no problem. There were also vehicles fueling on the north side of these pumps and I was able to get past them very comfortably as well. As far as tanker truck deliveries--I'm going to mention it because again the site engineer had sent in some previous stuff that, done as quickly as it was, doesn't represent as well as it should how tanker deliveries get in and out of the site. As you know, this reformulated site with the tanks on the east side: the tankers have been coming in and out of this site without a problem for a year and a half. I have some extra copies of these that I'll leave for the record just to sort of replace what was sent in by the site engineer late last week. Southold Town Planning Board Page Fifteen March 8, 2010 Access changes: We have been in to the NYS Department of Transportation, which has control over the driveways on Main Road, at least two times. The second one from February 1, 2009 is essentially an approval letter in concept, but now they are waiting for formal detail plans. What they have asked us to do is limit this easterly driveway near Depot Lane to entry vehicles, and the westerly driveway to exiting vehicles. That's in keeping with best arterial management practices in that everyone that's making a left into the site can do so now in this left turn lane; that keeps them free of through traffic. More importantly, the exiting traffic is as far away from Depot Lane as we can get it. We don't want people exiting the site right here with any confusion that's also going on at the intersection of Depot Lane. So, based on our analysis, the new pump and the convenience store are really not going to add any significant level of traffic. If you want a convenience store item, you're probably going to go to 7-Eleven unless you want gas. If you should come in here, you're on the road already. We have some access changes which are certainly from a traffic safety point of view, a positive. So in sum total, the modifications to the site-whether you want to consider it the island or the convenience store--the fact that we have these access changes proposed on (Route) 25--certainly in my opinion results in a better overall site than we have today. That's the end of my presentation. I'll take any questions if you have any. Joseph Townsend: The island--does that have diesel gas? Patrick Lenihan: This island has a diesel pump, yes. Joseph Townsend: For trucks, State trucks that might have diesel fuel, you're talking about a turning radius there, isn't that somewhat larger than your Jeep? Patrick Lenihan: I had a gentleman who works for us who has a very large full-size extended cab Duelly pickup truck, and he was able to get in and out of there with no problem when he looked at it back in July. Certainly we wouldn't get any tractor trailers in here on that end of the building, nor would I think they would attempt it. Martin Sidor: Thank you. Patrick Lenihan: Thank you. Pat Moore: In reviewing your file, I did notice that there had been some comments regarding emergency access around the building. I would point out that in 1995 there was the approved site plan with the two automobile repair bays. Here we are actually removing those repair bays. The building itself is staying exactly the same way it was in 1995 when it was approved. It was grass then, it is grass still today as proposed behind the building, so emergency vehicles, should they need to get around the back would just drive over the curb and go around the back of the building. It wouldn't make much sense to blacktop behind the building, it just takes away from the landscaping which we are complying with 25% of the property being landscaped. There are no impediments to access around this property. The diesel pump, as I pointed out before, complies with all applicable codes and, as far as I can tell from the record, (inaudible). I think there Southold Town Planning Board Pa.qe Sixteen March 8, 2010 was a final issue with regard to the placement of the dumpster. That dumpster can be moved wherever the Board wishes. I think the most recent drawing had the dumpster behind the building slightly, and it made sense visually so you don't see it from the road. But the dumpster is really a minor almost a fixture that you can place pretty much anywhere on either the east or the west side of the property. Those were some of the issues that I saw that was more recent. I would point out that--and my clients can speak with respect to this--I am sure you are aware that gasoline sales, the economic viability of gasoline sales and the continuation of the gas station is really working on very marginal profit margin that most of the gas stations what you're seeing is that the car repairs used to be customarily what came along with the gas station. But car repair places are going away with the economy, the new cars that are coming in, computers in the cars and just the repairs are a dinosaur breed. They are something that we need out here, but most of the car repair places now are independent stand-alone places. As part of the memo, I went to the Sun Gas Station as an example; it's less than a block maybe two blocks from our site. At that gas station, gas tanks were recently replaced. There's a repair facility in the back. I took the photographs showing one bay; this has two. There's a sea of cars in the back: cars that are waiting to be fixed, cars that are being fixed. A car repair place is usually an intensive use that requires a lot of parking. Again, that was site planned in 1995. So the conversion of this space to an accessory convenience store is really a downsizing of this property and the activities on this property. Finally, the issue with the Suffolk County Planning Commission, again, had we not gone through the site plan process, Suffolk County would not have been involved. Suffolk County Planning Commission came back with a recommendation that this was an intensification of the site and recommended the denial. It is hard to believe that they would think that this site, removing two repair bays, would be considered an intensification of the site to a small convenience store. Again, it was pointed out to be obvious which is next door to a 7-Eleven, people going for something of a convenience type shopping are going to go most likely to 7-Eleven. We are dealing with people that are coming in for gas; they need something, they go in and they get it at the same time they are there for their gas--filling up. Unfortunately, we're all local, you're local, a common sense here that the Suffolk County Planning Commission for some reason did not seem to either recognize the use that is there (or) doesn't understand the way this operation works; and I would ask that the Board consider an override to approve this plan. Is there something you wanted to say? Nick Bartoromeo: I am one of the principals of the firm. Being in the business for 45 years, I've found out that it's critically important having a convenience store operation to supplement the income. It's been a very competitive industry price-wise. You have a lot of the larger chains building bigger superstores and I can't stress enough how critical it is for these extra profit areas to supplement the revenue stream at the location. Martin Sidor: Thank you. Pat Moore: Does the Board have any questions for us? Southold Town Planninq Board Pa.qe Seventeen March 8, 2010 Martin Sidor: Anyone else in the audience that wishes to address this? Please. Joe Corso, North Fork Chamber of Commerce: Again, I would like to say we are in support of this particular project. I am going to keep that pure and simple; I don't have a lot of the technical information on the aspects of traffic flow and whatnot, but I am also--I will take off the Chamber hat right now--a resident of Cutchogue. I work in Cutchogue and I tend to see a lot of the activity that goes on in that general area. It supports really what the gentleman was saying about the traffic flow. I tend to see a lot of cars there in the morning fueling up and during the day it's pretty empty--there's not a lot of activity going on there. What I do see are people now fueling--pulling their car over into their lot and then walking over to 7-Eleven to buy stuff, which just creates like a log jam in there. So I think by having a convenience option there, you are going to eliminate some of the congestion on the property right now; it's something I think you really need to consider. The other thing, I've seen a number of landscaping vehicles with their long trailers and they are turning, making all the turns in and out of there quite comfortably. As opposed to what that property looked like prior to the renovation, it was horrendous. There were always cars just piled up there sometimes cars waiting to be repaired would sit there for weeks while they waited for parts. So, from an aesthetic point of view, it's a much more visually pleasing operation right now and I think it will take away some of the traffic flow in and out of the 7-Eleven parking lot because that is probably one of the worst parking lots that we have in Southold Town. There are cars waiting on the Main Road heading east trying to turn in; you got cars coming from the west waiting to turn in--it just creates a fairly large log jam. So, if they have another option which is again very similar to the Sun Station at the other end, I think it's just going to alleviate some of the traffic backup there during the day. Again, from a Chamber standpoint and as a concerned citizen, I think it would be a very viable operation for it. Martin Sidor: Thank you. Anyone else wish to address the Board? Pat, are you done? Pat Moore: Yes, I have a memo for the Board and I'll ask you to consider it. What I am handing up is the car & truck circulation. As we pointed out, there was one other submitted by the Engineer, but it was incomplete. We don't know what happened; I think he ended up with personal circumstances and it was a mess. Very kindly, Dunn Engineering stepped to the plate and provided what is a professionally done analysis and we ask the Board to please replace the one that's in the file sent to you with this. We will welcome whatever questions you might have if additional questions come up. Thank you. Martin Sidor: OK. Thank you. Anyone else in the audience? What is the favor of the Board? William Cremers: I make a motion to close the hearing. Donald Wilcenski: Second. Southold Town Planning Board Page Eighteen March 8, 2010 Martin Sidor: Motion made and seconded. Any discussion? All in favor?. Ayes. Martin Sidor: Motion carries. CONSERVATION SUBDIVISIONS, STANDARD SUBDIVISIONS, RE- SUBDIVISIONS (Lot Line Changes) 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 properties are located at (no #) private road off East End Road, Fishers Island. Kenneth Edwards: Mr. Chairman, I would like to offer the following resolution: WHEREAS, this proposal is for a lot line change where SCTM#1000-5-12.9 will decrease in size from +/-561,924 sq. ft. to +/-404,492 sq. ft.; SCTM#1000-5-8.3 will increase in size from +/-369,388 sq. ft. to +/-433857 sq. ft.; and SCTM#1000-5-5.9 will increase in size from +/-162,478 sq. ft. to +/-169,448 sq. ft. No new building lots will be created. SCTM#1000-5-12.9 (Lot 44-7) will become more non-conforming while SCTM#'sl000-5-5.7(Lots 44-3, 3 and 5) and 5.9 (Lot 44-6) will become larger; and WHEREAS, the Southold Town Planning Board granted Conditional Final Approval on the above-referenced application on November 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 of each to this office; and WHEREAS, a copy of the new deeds filed with the Office of the Suffolk County Clerk pertaining to this lot line change were provided to this office on February 11,2010; be it therefore RESOLVED, that the Southold Town Planning Board hereby grant Final Approval on the survey prepared by CME Engineering, Land Surveying and Architecture, PLLC. Southold Town Planninq Board Pa.qe Nineteen March 8, 2010 William Cremers: Second the motion. Martin Sidor: Motion made and seconded. Any discussion? All in favor? Ayes. Martin Sidor: Motion carries. Conditional Final Determinations: Tabled: J. P. Morgan Chase Bank, Mattituck - This proposal is to subdivide a 2.818-acre pamel into two lots where Lot 1 will equal 49,262.82 sq. ft. in the B Zoning District and Lot 2 will equal 63,480.41 sq. ft. in the R-40 Zoning District. The property is located at 10300 NYS Route 25, approximately 120' e/o Marlene Lane on the s/s/o NYS Route 25 in Mattituck. SCTM#1000-143-3-33.2 Conditional Final Extensions: Clark's Beach/Village of Greenport - This proposal is for a lot line change to subtract 6.326 acres (275,537 sq. ft.) from a total pamel area of 14.835 acres (646,205 sq. ft.) of SCTM#1000-40-01-23 owned by the Village of Greenport and add that land area to SCTM#1000-40-1-3.1 owned by Suffolk County to be merged into the adjacent Suffolk County park land of Inlet Point Park. The property is located on CR 48 in Greenport. Joseph Townsend: WHEREAS, this proposal is for a lot line change to subtract 6.326 acres (275,537 sq. ft.) from a total parcel area of 14.835 acres (646,205 sq. ft.) of SCTM#1000-40-01-23 owned by the Village of Greenport for Suffolk County acquisition and inclusion into the adjacent Suffolk County preserved park land of Inlet Point Park; and WHEREAS, on September 23, 2008, the Southold Town Planning Board granted Conditional Final Approval upon the survey map, dated July 16, 2008, prepared by Nathan Taft Corwin III, Land Surveyor; and WHEREAS, on February 10, 2010, the applicant requested that the Planning Board consider granting an extension of conditional final approval for this project to obtain Suffolk County Health Department approval; be it therefore RESOLVED, that the Southold Town Planning Board hereby grant an extension of Conditional Final Approval from March 23, 2009_to September 23, 2010 for the above referenced application. Southold Town Planning Board Pa.qe Twenty Mamh 8, 2010 Ken Edwards: Second the motion. Martin Sidor: Ayes. Martin Sidor: Motion made and seconded. Any discussion? All in favor?. Motion carries. Sketch Determinations: Fischer, Daniel - This is a proposed 2-lot standard subdivision of a 1.6682-acre pamel where Lot 1 would total 36,333 sq. ft. and Lot 2 would total 36,332 sq. ft. in the R-40 Zoning District. ZBA approvals (area and setback) have been granted for this property. The property is located at 38785 NYS Route 25 in Orient. SCTM#1000-15-8-1.1 Donald Wilcenski: WHEREAS, this proposal is to create a 2-lot standard subdivision on a 1.6682 acre parcel where Lot 1 is 36,333 square feet and Lot 2 is 36,332 square feet in the R-40 Zoning District; and WHEREAS, the Southold Town Zoning Board of Appeals granted approvals for Lots 1 and 2 for lot area variances and a side yard setback variance on July 30, 2009; and WHEREAS, an application for Sketch Plan Approval was submitted on September 15, 2009, including the sketch plan prepared by John Metzger, L.S., dated July 15, 2009; and WHEREAS, the Southold Town Planning Board accepted the application for formal review at their Monday, December 7, 2009 Work Session; and WHEREAS, on December 15, 2009, referrals for the above-referenced application were sent to the following for comment: 1. New York State Department of Transportation 2. Orient Fire District 3. Southold Town Engineer 4. Southold Town LWRP Coordinator; and WHEREAS, on December 15, 2009, the above-referenced application was referred to the Suffolk County Planning Commission for review; and WHEREAS, on January 25, 2010, the Suffolk County Planning Department commented that this was a matter of local jurisdiction; and Southold Town Planninq Board Pa.qe Twenty-One March 8, 2010 WHEREAS, on February 2, 2010, the Orient Fire District commented that there was adequate fire protection for this proposed subdivision; and WHEREAS, on February 4, 2010, the NYS Department of Transportation commented that the proposed subdivision did not create any issues or concerns for them; and WHEREAS, on February 16, 2010, the Southold Town LWRP Coordinator determined that this action was consistent with the Southold Town LWRP policies; WHEREAS, on February 16, 2010, the Southold Town Planning Board reviewed and accepted all of the above-referenced comments; and WHEREAS, on February 16, 2010, the applicant submitted revised maps indicating all trees on the proposed project site prepared by John Metzger, L.S., dated January 14, 2010; and WHEREAS, on February 19, 2010, the Southold Town Engineer's comments were received for this proposed subdivision; be it therefore RESOLVED, that the Southold Town Planning Board hereby grant Sketch Approval on the map prepared by John Metzger, L.S., dated July 15, 2009. 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: Owen Construction Offices - This proposed site plan is for the conversion of an existing dwelling to professional offices on a 20,224.28 sq. ft. parcel in the R-O Zoning District. The property is located at 29025 NYS Route 25, on the n/e corner of Depot Lane and NYS Route 25 in Cutchogue. SCTM#1000-102-2-12.5 William Cremers: WHEREAS, an application for a site plan was submitted on July 18, 2008, including the site plan prepared by Charles Thomas, R.A., dated July 15, 2008; and WHEREAS, this site plan is for the conversion of an existing dwelling to professional offices on a 20,224.28 sq. ft. parcel in the RO Zoning District; and Southold Town Planning Board Page Twenty-Two March 8, 2010 WHEREAS, on August 10, 2008, the Southold Town Planning Board accepted the application for review; and WHEREAS, on August 11, 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, Cutchogue Fire Commissioners, Southold Town Building Inspector; and WHEREAS, on August 11, 2008, the Southold Town Planning Board, pursuant to State Environmental Quality Review (SEQR) (6 NYCRR, Part 617.5 (c) (3), determined that the proposed action is a Type I1 Action, and not subject to review under SEQR; and WHEREAS, on August 11, 2008, the Southold Town Planning Board, pursuant to Southold Town Code §280-131 C., distributed the application to the Suffolk County Planning Commission; and WHEREAS, the comments from those agencies referenced above were received and reviewed by the Planning Board, discussed with the applicant, and incorporated into the site plan to the satisfaction of the Planning Board; and WHEREAS, on September 02, 2008, comments were received by the Suffolk County Planning Commission and the site plan was determined to be a matter of local determination; and WHEREAS, on November 03, 2008, the Southold Town Planning Board, pursuant to Town Code Section 280-131 H. agreed to waive the public hearing for uses involving modifications to existing structures having no substantial change to the existing foot print; and WHEREAS, on November 07, 2008, the Southold Town Building Inspector reviewed the plan and certified that the proposed use as professional offices is a permitted use in the RO Zoning District; and WHEREAS, on November 11, 2008, the Town of Southold LWRP Coordinator reviewed the above-referenced project and had recommended the proposed project to be consistent with Southold Town LWRP policies; and WHEREAS, on February 3, 2010, the Suffolk County Department of Health Services issued Permit Number C10-09-0001 and approved the action; be it therefore RESOLVED, that the Southold Town Planning Board has determined that the proposed action is consistent under the policies of the Town of Southold Local Waterfront Revitalization Program as outlined in the memo prepared by the LWRP Coordinator; Southold Town Planning Board Page Twenty-Three March 8, 2010 Joseph Townsend: Second. Martin Sidor: Moved 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 and authorize the Chairperson to endorse the site plan entitled "Proposed Site Plan for 29205 Main Road" prepared by Charles M. Thomas, R.A. dated July 15, 2008 and last revised October 23, 2008. Joseph Townsend: Second. Martin Sidor: Moved and seconded; any discussion? All in favor?. Ayes. Martin Sidor: Motion carries. North Fork Self Storage #2 - This site plan is for the construction of a 23,490 sq. ft. self-storage building on a 47,166 sq. ff. pamel in the Light Industrial Zoning District located on the w/s/o Commerce Drive approximately 475' s/o Corporate Road in Cutchogue. SCTM#1000-96-1-1.2 Kenneth Edwards: I will offer the following resolution: WHEREAS, this site plan is for the construction of a 23,490 sq. ft. self-storage building on a 47,166 sq. ft. parcel in the Light Industrial Zoning District located on the west side of Commerce Drive, approximately 475 feet south from Corporate Road, in Cutchogue, SCTM#1000-96-1-1.2; and WHEREAS, an application for a site plan was submitted on December 01,2008, including the site plan prepared by David A. DiGiovanni, R.A., dated November 17, 2008; and WHEREAS, on January 05, 2009 the Southold Town Planning Board accepted the application for review; and WHEREAS, on January 06, 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, Cutchogue Fire Commissioners; and Southold Town Planninq Board Page Twenty-Four March 8, 2010 WHEREAS, on January 06, 2009 the Southold Town Planning Board, pursuant to Southold Town Code §280-131 C., distributed the application to the Suffolk County Planning Commission; and WHEREAS, on January 06, 2009 the Southold Town Planning Board, pursuant to Part 617, Article 6 of the Environmental Conservation Law acting under the State Environmental Quality Review Act, initiated the SEQR lead agency process for this Unlisted Action; and WHEREAS, the comments from those agencies referenced above were received and reviewed by the Planning Board, discussed with the applicant, and incorporated into the site plan to the satisfaction of the Planning Board; and WHEREAS, comments were received on January 15, 2009 by the Suffolk County Planning Commission and the site plan was determined to be a matter of local determination; and WHEREAS, on February 11,2009 the Southold Town Planning Board, pursuant to State Environmental Quality Review (SEQR) (6 NYCRR, Part 617.5 (c) (3), performed an uncoordinated review of this Unlisted Action, and, as lead agency, made a determination of non-significance and granted a Negative Declaration; and WHEREAS, on April 1,2009 the Town of Southold LWRP Coordinator reviewed the above referenced project and had recommended the proposed project to be consistent with Southold Town LWRP policies; and WHEREAS, on April 13, 2009 a public hearing was held and closed; and WHEREAS, on April 14, 2009 the Zoning Board of Appeals granted area variances; and WHEREAS, or~ May 29, 2009 the Southold Town Building Inspector reviewed the plan and certified that the proposed use as a public self storage building with an accessory apartment is a permitted use in this LI Zoning District; and WHEREAS, on January 29, 2010 the Suffolk County Department of Health Services issued Permit Number C10-08-0012 and approved the action; be it therefore RESOLVED, that the Southold Town Planning Board has determined that the action is consistent under the policies of the Town of Southold Local Waterfront Revitalization Program as outlined in the memo prepared by the LWRP Coordinator; William Cremers: Second the motion. Martin Sidor: Moved and seconded; any discussion? All in favor? Ayes. Southold Town Planninq Board PaRe Twenty-Five Mamh 8, 2010 Martin Sidor: Motion carries. Kenneth Edwards: and be it further RESOLVED, the applicant is required to replace two trees that were removed from the buffer on Depot Lane. The trees shall be mature cedars in keeping to what exists; William Cremers: Second the motion. Martin Sidor: Moved 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 authorize the Chairman to endorse the site plan entitled "North Fork Self Storage #2" prepared by Kenneth H. Beckman, L.S. dated October 2008 and last revised May 14, 2009. Donald Wilcenski: Second the motion. Martin Sidor: Moved and seconded; any discussion? All in favor? Ayes. Martin Sidor: Motion carries. Waive Hearings: Lieb Vines, LLC - This site plan proposes to construct an agricultural storage building, 5,040 sq. ft. in size, for storage of farm equipment related to growing grape vines and harvesting grapes on 13.7 acres with Development Rights sold in the ^-C Zoning District. There is one other existing storage building on site, s/o Oregon Road and approximately 250' e/o Cox Lane, a.k.a. 13050 Oregon Road, Cutchogue. SCTM#1000-83-3-2.2 Bonds: Forestbrook at Bayview - This conservation subdivision will subdivide a 37.75-acre parcel into 7 lots where Lot 1 equals 2.5 acres; Lot 2 - 1.72 acres; Lot 3 - 1.50 acres; Lot 4 - 1.50 acres; Lot 5 - 1.58 acres; Lot 6 - 2.45 acres and Lot 7 - 25.75 acres. The Town of Southold acquired fee title of Lot 7 (25.75 acres) for open space purposes. The property is located in the A-C Zoning District n/o North Bayview Road, 180' w/o Jacobs Lane in Southold. SCTM#1000-79-2-7 Southold Town Planninq Board Pa.qe Twenty-Six March 8, 2010 Donald Wilcenski: WHEREAS, this conservation subdivision subdivides a 37.75 acre parcel into 7 lots where Lot 1 equals 2.5 acres; Lot 2, 1.72 acres; Lot 3, 1.50 acres; Lot 4, 1.50 acres; Lot 5, 1.56 acres; Lot 6, 2.45 acres and Lot 7, 25.75 acres. The Town of Southold acquired fee title of Lot 7 (25.75 acres) for open space purposes; and WHEREAS, on June 14, 2004, the Southold Town Planning Board granted final approval on the final plat, dated as revised March 8, 2004; and WHEREAS, on June 14, 2004, the Southold Town Planning Board accepted the State Bank of Long Island Letter of Credit No. 1510 in the amount $193,810.00; and WHEREAS, on September 11,2009, the applicant submitted a fire well certificate and requested that an inspection be done upon the installed fire well in order to release the bond required for this subdivision in the amount of $193,810.00; and WHEREAS, the applicant requested that the required bond in the amount of $193,810.00 be reduced to $0.00 and that a cash deposit in the amount of $15,000.00 be supplied to the Town of Southold to cover the remaining cost of purchasing and installing a 15hp submersible pump and adapter installation; and WHEREAS, a performance bond is in place with the Town of Southold for $193,810.00; and WHEREAS, on May 16, 2006, the Southold Town Engineer inspected and reported that all required construction items have been completed in a satisfactory manner with the exception of the fire well; and WHEREAS, the remaining improvements necessary to complete the installation of the fire well will cost $15,000.00; and WHEREAS, the applicant has agreed to provide cash in the amount of $15,000.00 to the Southold Town Clerk for the completion of the fire well; and WHEREAS, the Southold Town Planning Board reviewed this request at the December 7, 2009 Work Session and again at the March 1,2010 Work Session; be it therefore RESOLVED, that the Southold Town Planning Board recommend that the Southold Town Board authorize the reduction of the bond estimate, dated April 5, 2004, from $193,810.00 to $0.00; Kenneth Edwards: Second the motion. Martin Sidor: Moved and seconded; any discussion? All in favor? Ayes. Martin Sidor: Motion carries. Southold Town Planninq Board Pa.qe Twenty-Seven March 8, 2010 Donald WiIcenski: and be it further RESOLVED, that the applicant shall submit a total amount of $15,000.00 cash to the Office of the Southold Town Clerk as a performance bond for the cost of purchasing and installing a 15bp pump, accessories and adapter mechanisms to achieve adequate fire protection, prior to the reduction of the bond; William Cremers: Second the motion. Martin Sidor: Moved and seconded; any discussion? All in favor? Ayes. Martin Sidor: Motion carries. Donald Wilcenski: and be it further RESOLVED, that upon submittal and acceptance of the $15,000.00 cash to the Office of the Southold Town Clerk, the Southold Town Planning Board recommends that the Southold Town Board release the Letter of Credit No. 1510 established by the State Bank of Long Island. William Cremers: Second the motion. Martin Sidor: Moved 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 February 8, 2010, February 14, 2000, January 24, 2000, January 10, 2000, and December 13, 1999. William Cremers: So moved. Kenneth Edwards: Second. Martin Sidor: Moved and seconded; any discussion? All in favor? Ayes. Martin Sidor: Motion carries. We need a motion to adjourn. Southold Town Panning Board Page Twenty-Eight March 8, 2010 William Cremers: So moved. Donald Wilcenski: Second. Martin Sidor: Motion made and seconded. Any discussion? All in favor? Ayes. Marlin Sidor: Motion carries. There being no further business to come before the meeting, it was ADJOURNED at 7:30 p.m. Respectfully submitted, I'~nda Randolph, Transcri lng ry H. Sidor, Chair