Loading...
HomeMy WebLinkAboutPB-04/12/2010PLANNING BOARD MEMBERS MARTIN II. SIDOR Chair WILLIAM J. CREMERS KENNETH L. EDWARDS JOSEPII L. TOWNSEND DONALD J. WILCENSKI 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 Present were: PUBLIC MEETING MINUTES Monday, April 12, 2010 6:00 p.m. Martin H. Sidor, Chairperson William J. Cremers, Member Kenneth L. Edwards, Member Joseph Townsend, Member Donald J. Wilcenski, Member Tamara Sadoo, Planner Kristy Winser, Planner Carol Kalin, Secretary SETTING OF THE NEXT PLANNING BOARD MEETING Martin Sidor: Good evening, and welcome to the regularly-scheduled Southold Town Planning Board Public Meeting. Our first order of business is to set Monday, May 10, 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 Public Meeting. William Cremers: So moved. Joseph Townsend: Second. Martin Sidor: Ayes. Martin Sidor: Motion made and seconded. Any discussion? All in favor? Motion carries. Southold Town Planning Board Pa,qe Two April 12, 2010 PUBLIC HEARINGS 6:00 p.m. - Connecticut Municipal Electric Energy Coo¢)erative - This site plan application is for the addition of 993 sq. ft. to the existing 7,144 sq. ft. diesel-electric generator facility on a 47,441 sq. ft. pamel in the Business District. The property is located at 1866 Central Avenue, approximately 300' s/o Madeline Avenue on Fishers Island. SCTM#1000-6-8-7 & 3.2 Martin Sidor: If anyone wishes to address the Planning Board on this application, please step forward to the microphone, state your name and address and write them on the paper provided. Jon Warn, Proiect Manaqer for the Fishers Island Generator Proiect, CMEEC: Good evening, that's one of 20 generators we are putting in. The other 19 are in CT. I came prepared with a Power Point presentation, but was not prepared with the right connection cord, so I have--since there are a lot of pictures here, and it's important to see (inaudible). Are there any citizens from Fishers Island here that have a particular interest in this? Kenneth Edwards: Here. Jon Warn: Here we go. This is called our "50 in 5" Project; it has to do with 50 megawatts of power. The objective is to install 20 generators throughout the local grid in southeastern CT and on Fishers Island. These generators are primarily there for peak shaving. If we can cut the demand of the local grid during times of peak power demand on the New England grid, you save money by not buying power at the highest rate and you also calibrate your rates for the next year in terms of transmission costs and generation costs. It's particularly important--this unit on Fishers Island--but also serving as a backup generator to the local distribution grid on Fishers Island. As you know, there is no generation source out there other than some homes probably have portable generators. This one unit will carry the entire load of Fishers Island. The proposed sites for all of our units--there's not a lot of interest on that, but you can see they are spread around. The Mohegan Reservation curiously took four of these units. We went to different communities and said "would you like one?" Some communities weren't sure, but as soon as the Mohegans heard it about it they said "we'll take four." When the grid goes out in CT and you want to get a hot meal and have some fun, go to Mohegan Sun; they'll be lit up like a Christmas tree over there. CMEEC is also involved in other generation assets; this slide is just to illustrate we have both gas turbine and diesel generator. So the organization is very experienced in the operation and maintenance of generation equipment. The next slide shows the site where the generator installation will go; it's in behind the utility building on Central Avenue off West Harbor. Those transformers--there ara some poles in there--reels of cable have been moved further back up in the site. We're going to go--you'll see more pictures--but there's a bluff, it flattens out, there's an access road that's still important to be able to get trucks back to pick up poles and transformers Southold Town Planning Board Pa.qe Three April 12, 2010 and so forth. It's right near the substation. The power pole you can see on Page 5 is where we will connect. From the point of view of the generator, it's really a nearly ideal site. It's in an industrial site; it's right near a connection point, and it's plugged right into the Fishers Island Electric Corp. distribution and control grid for the unit. Page 6 here is just looking at a slightly different angle. It's pretty well hidden except for to the southeast. As I get to that, you'll see the access road in behind the generator building; it could be seen if you're driving by. I'm up to the overhead picture at this point. It's just another view of seeing where it is. It's going to replace those electric utility components that you see pretty much in the same aspect as they are lined up against the base of the bluff. We didn't want to cut into the bluff. We really wanted it to be flat. It's above the--between the 100-year and the .500-year flood lines. When we met with Mr. Verity, he said our survey was done before the new flood lines were released, so we went back and redid the survey to the new flood lines and we were still in pretty good shape. The first picture where you see a generator, you see the unit. It's a pretty big unit; it comes in on a flatbed truck--a special wide and high Iow with permitting for the highway. We checked with the Ferry, the thing will fit on the Ferry. It's big because it's quiet. In other words, if you had this generator hard-mounted to a base and a very tightly built enclosure around it, a lot of that mechanical energy as well as the airflow that goes through it would be transmitted right to the local environment. So this is big; there's a lot of airspace around the generator. The generator itself is mounted on a bed of springs so that it mitigates transmission of mechanical force to the structure. These hoods--you see there's a hood sticking out about 42"--that's one of three intake (inaudible) so there's a 42" plenham outside the louvers themselves. The motor operated louvers are right against the side of the unit. So the airflow that rushes through there is really contained within the unit and you don't hear all the whistling from that. The walls of the unit are 5" thick all around. We went to the highest bidder in this case, which was Acoustical Sheetmetal Inc. out of Virginia Beach because they are noted for building generator enclosures that are quiet. I'll have some numbers as we go further in--some db numbers about the noise. Next, I'm shifting to storage tanks. This is a pretty interesting picture; do you see the one where the enclosure is being lowered down onto the unit--that's kind of where I am right now. What you see there--you'll notice the Rite-Aid Drug Store behind it--this is right in the middle of Jewett City, CT. Behind that crane--the yellow object in the back--is one of the two main streets. The main intersection of downtown Jewett City is just about 100 yards behind that picture. That went in in December; we are through testing mid-January. That's our first unit, and it's in operation--peak shaving. There has not been one single public comment other than someone might stop by while we are testing and ask what it is and they say OK and go on. The Town of Sleckman recently had an operation tour of the whole thing; we've done stock testing. It's a test case for us: how does the public react to these. When they hear that if a local grid goes down or the New England grid goes down we're going to have power, they usually respond to it. We tried to make it as attractive as possible. Believe it or not, there are ways to build these enclosures that are pretty ugly. We get the nice green sheet metal and so forth. What you see in that picture at the bottom: the black structure is the base tank. It's a UL 142: a 4,200-gallon base tank for the diesel fuel. We use ultra Iow sulfur Southold Town Planning Board Pa.qe Four April 12, 2010 fuel; less than 15 ppm sulfur. If I had a pointer you could see it's a 150-gallon day tank. What really is there, not to store fuel, but to provide a net positive suction head to the fuel pump so that the fuel pump and the engine doesn't see a variable suction pressure. And then that gray tank to the right which on Fishers Island will be contained in a small rain cap that's built of the same material as the main structure. That contains 1,500 gallons of urea. Urea is used in fertilizer; it's a very common industrial chemical. Our bodies make urea as well. It's really an early stage of ammonia. When the urea is injected into the catalytic converter on the engine, in the heated exhaust it becomes converted to ammonia and it quickly reacts with the exhaust gases and removes over 90% of the nitrous oxides that are in there. When we applied for our air permit, which we have from NYS DEC awarded in January; they were very interested, as they are in CT, in reducing nitrous oxides. So, those three tanks are all double-walled; they're instrumented both locally and remotely to our control room. The engine itself is large; any diesel engine has got lube oil-I think it's 15W30. Its coolant is standard antifreeze propylene glycol. So the things associated with it aren't much different than any diesel engine; it's just a large quantity of it. The urea is different, but I've heard that even on the highway trucks in future years they are pushing them toward a urea system again to scrub the nitrous oxides. You can see some pictures of the tank construction: it's double-walled, it's very heavy duty--it's not a flimsy thing at all. We had registered or filed with Suffolk County; Mr. Ken Clooney is our contact point at the Department of Health to register these three tanks: the urea tank, the fuel tank and the fuel day tank. They have had that about 10 weeks with no adverse comments. We have received a variance from them. Because the fuel tank is greater than 250 gallons, a variance was required. The first step was to award that variance, which we have; it might take another week or two of hearing on the tanks. But they paid a lot of attention, as I am sure you are aware, to the instrumentation and the alarms and the fueling methods and so forth. So, there are more pictures of the generator, I am up to this one with the wooden box in front of it; I think on my page it's 16. Some things to point out there are: this green box off the end of the unit is the fueling port. When the fuel truck comes up--it's similar to the truck that, if you have fuel oil, comes up to your house. It's not a big 18-wheeler; it's a 3,000-5,000 gallon truck. The fueling is done inside that port. On our unit at Fishers Island, that port is actually recessed into the enclosure so that the outer door is flush with the outer skin of the enclosure. The entire thing is inside. At the top, you can see that catalytic converter--it's a Canadian-based system to remove all the particulates (PAH's) as I mentioned, nitrous oxide, several times. There is a diesel particulate filter in there that grabs particles and allows them to burn off in there so that you don't release junk out there at the stack. It regenerates under the key to the engine as it goes along. That's made by a company called Meertech out of Tulsa, OK with engineering done in Switzerland. We measured the DP across that big unit on the top--Delta change of pressure--so if there's any clog in the filter or anything happens, the first thing you'll see in our control room is the DP starting to build and so we do continuous monitoring and trend analysis of all the key parameters of the engine. How much urea--typically it's about 38-40 units Southold Town Planning Board Pa,qe Five April 12, 2010 per hour. If we see these things starting to move around on us, that tells us we need to get out and check out the unit. It may have some clogged spray nozzles or plugged up whatever it is. This one is the fill station. It's a 7-gallon funnel; it has a check valve so the fuel can't bubble up into it. You can open the check valve with that rod that sticks up. So the fuel connection connects right in there. If there's any drips--and I've watched a lot of the fueling we've been doing so far--it's a clamp-on fitting that just doesn't leak. But for some reason if something went wrong and that thing starts dripping, it just drips into this funnel; it has a straight shot with no isolation valves right into the tank, so it's a pretty good system. The Suffolk County people were pretty impressed with all of our features. We didn't have all the instrumentation they wanted, but we've since added pretty much what they wanted in terms of additional high level alarms and backup systems. The fueling system also has a standard vent like you might have in your house. It's foolproof; there's no electronics or anything. We have that on all the units as well right above the fueling station. This next one shows a couple of yellow barrels: those are the spill kits. Each site has spill kits. Those are burn-absorbent material. There's a whole standard list of the kinds of things you'd want in the event of a spill in order to control or mitigate the spread. So that's all on site. Also on site are all those safety things: you have the material safety data sheets and procedures and so forth. This is the urea tank: it's double-walled and it's polyethylene double-walled. Suffolk County wasn't happy to see both of the walls made of a plastic material; they wanted to see some steel in there somewhere, but we really couldn't build this with a steel wall. So what we agreed to do--you'll see it on the plans--is that the entire urea tank is in a containment sump that will contain about 120% of the total volume of the tank. It sits in this swimming pool-like thing that has no drain valves on it. It's instrumented; we've built an arm in there so if urea started leaking out in there we'd pick it up right away. So the design is unique on Fishers Island in our program because of this double wall which is acceptable in CT. It just sits on a pad; it's got special protection here. I kind of agree with the guys at Suffolk County explaining about the groundwater that you're really sensitive about on Long Island and of course the same thing applies on Fishers Island. So we're happy to take the extra steps. This is the cover sheet of a thing called SPCC--Spill Prevention Control and Countermeasures document. It's about a 50-page document. We had it written for us by an outfit called TRC Environmental. They are our environmental consultant on all aspects of the project for us. So we have the SPCC plan in place, copies on site and copies in the control room. In the event of a spill we just march right into this. We've also contracted with a company called Clean Harbors that we hope we never have to pick up the phone and call, but they are an emergency response outfit in the event of a spill there. They do what they have to do to get there quickly and take care of it. Southold Town Planninq Board Page Six April 12, 2010 The next topic is noise concerns: There's a sheet-environmental noise. Just to calibrate kind of what the noise is in the acoustic world. These measurements are really a bandwidth. So they don't pick out all the necessary details. There might be a narrow band of sound that gets kind of spread out as you take these readings, but the typical conversation is about 65 db. My wife says I yell all the time, so I'm probably closer to 70 db. If you have a telephone in your ear listening to a dial tone, that's 80 db being jammed in your ear; it doesn't affect the room, but at that point source it would be. I went to a high school reunion not too long ago--it was about 150 db Ithink when they were cranking up the speakers. If you're on a subway in NYC, its 95 db. So that's an idea. The typical--we took some measurements on Fishers Island--it's a pretty quiet area there behind the utility building. There's about 50 db. A db--for the engineers--is a logarithm of a ratio, so it's not a linear function. These db's move around on you there; it's roughly 6 db for doubling in the energy. It depends an awful lot on the bandwidth and so forth. These db's we're going to talk about are in the standard acoustic engineering world for background noise. I took readings all around the engine, some inside the typical 15' of a background without the engine running. This test when we did this was spot 60 to 68 db. Start the engine 15' away, there's no change. That doesn't mean you don't hear the engine. This is with the measured instruments that are really averaging energy over a bandwidth to mention how this is done. If you were standing there at 15' you would clearly know the engine was started; you'd hear the (inaudible), the crankshaft (inaudible) and the fans and all sort of stuff. But it did not add significantly to the background noise. The next page has some numbers. A test was done out on the Island back in June. I wasn't there. Mr. Edwards, were you at that test? Kenneth Edwards: I was not. Jon Warn: It had to do with the house, and there's a picture I'll show you of the house up behind the utility building, the closest dwelling. He expressed some concerns about these. So it was advertised, we had an open house, we brought in an acoustician with instruments and a noise generator and had kind of a show and tell day with sound that might be from the generator. We took the noise source and put it at 65 db broadband, and the people that were interested were there and they said they found it acceptable. There have been no further concerns exhibited by the citizens of Fishers Island that I am aware of since that show and tell day we talked about. The machine only runs maybe 300 hours per year: a few hours in the afternoon on the hot peak days--typically it's maybe somewhere between 3 p.m. and 9 p.m. There's a lot of air conditioning in the summer. In the winter it's a function of how cold it is. We try to use the minimum amount of fuel to catch the peak each month. It's not how often these things run--we run them at the exact time. The folks in the power buying and selling business are really pretty good at predicting when the peak is going to hit. The machines don't need much notice; in the control room you can reach out, hit a button and you can start almost all 20 of them at once. The Air Permit allows us to run 1,200 hours a year, but our operational mode will be about 300 hours. Please interrupt me with questions if you have any. Southold Town Planninq Board Page Seven April 12, 2010 This picture--they all kind of look the same--but on this Page 28--you can see in the trees back up there--that's the closest dwelling. That's the harbor, the Island Health Project person. He of courso I would too if I lived in that house-raised the issue: are these things going to make my life miserable? He was there, and he was happy. We are going to--Bob Wall and the guys-- continue to make sure he's happy. As soon as we start out there working, we are going to be talking to him and do what we have to do. This is pretty much the view you'll have of this thing. Some people have expressed maybe it changes the aesthetics of the Island; it does in some ways--infrastructure has its own. Gas stations don't look good either. Basically, we're right behind the building. The site plan I saw posted in the lobby; I'm sure you've all looked at that. Ms. Winser has had copies of it. This one's kind of important in that along with the Air Permit we received the Negative Declaration on the SEQRA review from NYS DEC. Ms. Kendall Klett is the point of contact; she's very easy to reach. So if any of you have questions, you can call her. On this next Page 33, she reached what we thought were some really good conclusions. She looked at water quality, noise levels, traffic, erosion, flooding and so forth and found that the project is quite benign--she had no concerns. She also did a thing called a "CAF." (Coastal Assessment Form), which is an interdepartmental kind of thing and, again, the project was rated to be benign. We have filed our various filings with the Planning and Zoning Boards, SEQRA forms, and I haven't heard too much more, but our expectation certainly would be that we're in good shape. I know a drainage issue has been raised. I think it was Zoning that raised the issue that on Fishers Island-or maybe it's a County issue--a fence should be no more than 6-1/2' high. The fences around this generator--there's usually 8,320 (inaudible) being produced in thero are your standard fence. You can see them in these pictures; they're already there around the transformer substation. The standard fence that's used is 7' of chain link fabric with three strands of barbed wire on top and that gets you to 8'. That's what the guidebooks recommend and that's pretty much what's there right now. So, our plans include that 7' fence. When we talk with the ZBA we'll have to get a variance for it. They are aware of that. That's why you see some pictures of the fence in there. I did look in the National Electric Safety Code, which is the prime source for a lot of this, expecting to find that 7' fence because it's in a lot of the guides. It wasn't there. Actually, they said you could go a minimum of 6' with three strands of wire around an electrical substation to a total of 7'. So we'd still need a variance. But if you'd rather have a 7' than an 8' fence, we'll go with whatever the Board wants. I don't think Planning is particularly involved with this fence, are you? Kenneth Edwards: They ask for our recommendations. Jon Warn: We'll do whatever is best. We can't go any lower than a total of 7'. Bob Wall will have a very strong opinion I expect. But it's cheaper for us to do the shorter fence. Maybe the insurance won't be cheaper, I don't know; we'll have to see. Southold Town Planninq Board Page Eight April 12, 2010 Mr. Richter, the Town Engineer, contacted me. I haven't met him, but i've spoken to him. He had an issue on storm water runoff. If you look at this runoff path slide, you can see, and also you can see by the cut-through lines on the site plan. There's a bluff to the left and a bluff to the right and they kind of go into the back and meet and so it's a sluice. You probably saw that in the recent rains; it comes in out behind the generator building and then down the street. Bob calls it Lake (inaudible) when it fills up. Mr. Richter says there's a project you're working on to try and take care of that. We agreed to take a look and see. We're not causing it, but on the other hand if there's something wrong with constructing we can help do to mitigate the issue, we are happy to do it. We've contacted our Project Engineer who is a New York PE for this. He is doing a study for 2" rainfall. He's been in contact with Mr. Richter and he's going to do a very short--hopefully you'll have it in a week--a short study look at the rainfall then look and see if there's something that we're either causing it to be worse or there's something in our arrangements that we could perhaps make a test space. We'll just make a hole in that basin in there and crushed stone around; it just might slow things down or help get some of that rainwater into the ground. We're happy to do that and we'll do whatever is best. if you are standing on the pier, this is kind of what our generator looks like. If you're sailing by, or if you're looking with binoculars toward the shore, you might see it. It's out of the way; it's very good infrastructure for the island and we're certainly proud of the effort and money that we have put into the design. We want to be proud of every community where we put one of these generators and see that they are useful aids to the community in a time of stress if the electric grid is in trouble, and in normal times to help reduce the cost of electricity. It will cut that peak demand charge. Subject to your questions, that's my presentation. Martin Sidor: Thank you. Are there any questions from the Board? Kenneth Edwards: I have a few. Mr. Warn, I unfortunately haven't met you before. I know you've been on the Island and it's unfortunate that we didn't meet and go over this before, but you've answered a lot of my questions with your presentation. Why are you at ZBA--just for the fencing? Jori Warn: There's two things: fencing and a special exception. Even though it's a utility site, it's grandfathered. There's no particular code in the zone for B; it's Zone B. Kenneth Edwards: I can attest to the fact that it's always been a generator. I grew up on Madeline Avenue 70 years ago and was put to sleep by the generators that ran 24 hours a day. My main concern is the protection of the welfare of the people surrounding and the noise level. I personally would support the 8' fence, and I hope ZBA would also. Jon Warn: Yes, you'd hate to see some kids crawling around there on the weekend. Southold Town Planninq Board Page Nine April 12, 2010 Kenneth Edwards: Other than that, my other concerns were the fuel and you answered my questions on that. Kristy is coming to the Island tomorrow; we're going to look at the site together and we may require some screening. I don't know, but we're going to look at the site and we'll get back to you if we do. Is this going to be automatic start, or does it have to be manually started? Jon Warn: It's manually started. You could manually start it locally, but it will be manually started from a control room. It's not designed to see a loss of voltage in start up and close down. Kenneth Edwards: Is that control room going to be on the Island or in Groton? Jori Warn: It's in Norwich. There are actually two control rooms. So, in the event of a problem in one control room, maybe a server (inaudible) Kenneth Edwards: It's my understanding this is probably going to run only at peak supplying electricity back to the mainland, not to the Island? Jon Warn: The unit runs best at 2-1/2 megawatts. Quite often the full load of the Island is less than that. Bob tells me it's anywhere from 1.7 to 2.4. Kenneth Edwards: Even in the peak summer season? Jon Warn: Even in the peak summer. Each year it probably peaks a little bit more. We're going to run it at 2-1/2 megawatts; which means then some of that power is going to back through the cable to Groton. Kenneth Edwards: This is not below any rates Jon Warn: We have a sophisticated metering system that could tell which way the power is going, to make sure the proper person gets billed for it and gets paid for it. Kenneth Edwards: That's satisfying. Jon Warn: I've been at some of the meetings; the meters are pretty sophisticated. We also have to keep track of the station power, because when the unit's not running, it has heaters (inaudible) Kenneth Edwards: How long of a lease do you have with the facility company for the piece of property? Jon Warn: Ten years. All of our leases for the 20 sites are ten-year leases. Not that the capital equipment will go much further, but it seems like that's long enough that if after the ten years one of the parties is unhappy--it comes in on a flatbed truck and it can go back out. It wouldn't be really easy to get it out of there, but it's not like tearing down a building--you just take it away. It takes about 45 days from the time we break Southold Town Planninq Board Page Ten April 12, 2010 her out until the unit is tested and connected. At the end of ten years, if either party is unhappy, we will find a different site. Kenneth Edwards: You've answered most of my questions and, as I said before, most of my concerns were public safety and welfare. I do support the 8' fence. Jori Warn: That's good to hear; we'd like that, too. Martin Sidor: Any other questions from the Board? Joseph Townsend: Financially, perhaps it was in some of the data we got, but I don't recall seeing it. How does it work? Do you work with the Fishers Island Utility; how do you get reimbursed for this installation? Jon Warn: Groton Utilities is one of the utilities in this cooperative that we have. Various local municipal utilities own it. Fishers Island Electric is a customer of Groton Utilities. When the unit is running, it's really running as a unit of Groton Utilities, shaving the demand on the total grid from Groton Utilities. Now, if the cables get dragged by an anchor or something and the Island goes into operating this unit for several weeks, then within our operating agreement with the Island--which is not yet signed, we're working on it--there will be provisions for who pays for what. We're not charging the Electric Corporation for the capital costs at all; it would really be the fuel and maybe some additional maintenance. If we had to run it for a month steady--it consumes 170 gallons an hour. So somebody's got to pay for that fuel. For the fuel and it would probably result in some earlier maintenance actions and so forth. Those are the kinds of things. Joseph Townsend: Will this increase the costs to the user on a per kilowatt basis--in other words, the typical user on Fishers Island? Jori Warn: That's outside of my expertise. There's a lot of discussion on how that works, and I think it's going to be within the transaction between Groton Facilities and Fishers Island. CMEEC is not really getting involved. And it has to do with--there are some ways to do it you get involved with Public Service Commissions and having to go through rate changes and all that. The parties that are working on this really don't want to go down that road because it's too time-consuming and would delay it. So I think it would be more within the transaction that goes on dght now between Groton Utilities and Fishers Island. Glenn Wilson, who is the CEO of the outfit I'm working with, is working on that, so I could put you in touch with him. Joseph Townsend: I think that would be interesting information for the residents of Fishers Island to have. Jori Warn: I'm sure it would be. The idea is the cost would be less. That's the whole purpose of this. Southold Town Planning Board Pa.qe Eleven April 12, 2010 Donald Wilcenski: One quick question. You spoke of the urea that neutralizes the exhaust. I think I've written this down correctly: 20-30 units per hour; is that correct? Jon Warn: It's 38-40 units per hour. Donald Wilcenski: And how big is the storage tank for the urea? Jon Warn: It's 1,500 gallons. Donald Wilcenski: I was just curious to see how much you have in storage capacity and how the transfer of the urea happens as it's used. Jon Warn: Transfer pumps; some of the tubing you could see in this drawing; it's insulated 3/8" stainless tubing. It pumps through a (inaudible) box which has a throttle valve. There's a feedback system and it's actually measuring the nitrous oxides in the exhaust through sensor cells; it feeds back and regulates the amount of urea. If the nitrous oxide comes up a little bit there's a dampening feedback. Donald Wilcenski: So the urea storage tank that you have filled is sufficient for a long period of time? Jori Warn: Yes. In terms of endurance, it's much bigger than the fuel tank. The fuel tank 4,200 gallons--is about a day's worth of fuel. The urea: it would be months between any time we'll come and top it out. Donald Wilcenski: But there's no other storage of urea on the property? Jon Warn: No. Just in that tank. Martin Sidor: Are there specific guidelines on the storage of urea--whether it's a double- walled tank? Jon Warn: Yes. The Board of Health insisted that it be double-walled and they wanted one of the walls to be something other than plastic or fiberglass design, which is why we put it in this sealed cement basin that it sits in. That basin has 3' walls on it from the floor. The urea tank sits on the floor, and then if the whole tank were opened up and dumped its contents, the basin--I think it's about 120% of the total. There's a rain cap on top of that basin, so that it doesn't fill up with rainwater, which wouldn't be good. If the urea gets out--the solution you dilute it with water. I've had it on me. I wouldn't want it in my eye, but it's not--in a scale of industrial chemicals, it's pretty mild. It's a 40% water solution of the urea. Donald Wilcenski: But it is corrosive, I believe--right? Jon Warn: I'm sure it is. It crystallizes at about 35°. You don't want the lines to get plugged. Southold Town Planninq Board Page Twelve April 12, 2010 Martin Sidor: Are there any other questions from the Board? Thank you. Jori Warn: Thank you very much; I appreciate your time. I appreciate all the help Ms. Winser has given us during this process as well. Martin Sidor: Is there anyone in the audience who wishes to address this application? Hearing none ....... William Cremers: I 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. Thank you. Martin Sidor: At this juncture, I will be recusing myself from the next public hearing and turning over the meeting to the Vice Chairman. 6:05 p.m. - Shinn Vineyard - This proposed site plan is for the as-built construction of four (4) buildings including a 1,646 sq. ft. wine-making and wine tasting building with 336.3 sq. ft. of deck, a 2,730 sq. ft. wine storage barn, an 884.1 sq. ft. accessory storage building and a 206.1 sq. ft. frame shed on a 979,664 sq. ft. (22.49 acres) parcel; whereas the development area is 53,078 sq. ft. (1.21 acres) in the Agricultural Conservation District located on the s/s/o Oregon Road, 1,162.35' e/o Mill Lane in Mattituck. SCTM#1000-100-4-3.1 Joseph Townsend: Anyone wishing to speak on this item--please come forward. Charles Cuddy, Esq., on behalf of Shinn Vineyard: Barbara Shinn and David Paige are both here'with me too. This matter has been before the Board for more than four years at this point. Both David and Barbara have made a great effort to get to where we are tonight. As you know, within the last few months we finally were able to go through and come up with a drainage plan that is acceptable to the Board. We came up with a parking plan that is acceptable to the Board. Those are the final items that were required. I think this plan meets with all of the requirements the Town has for this particular site, as far as site planning goes. I know of no reason at this point in time why the Board could not approve it. We are here; if there are any questions we'll be happy to answer them. Joseph Townsend: Is there anyone else who would like to speak on this application? Ask questions--anyone on the Planning Board? Hearing none... Southold Town Planninq Board Page Thirteen April 12, 2010 William Cremers: I will make a motion to close the hearing. Kenneth Edwards: I'll second the motion. Joseph Townsend: Any discussion? All those in favor? Ayes. Joseph Townsend: Opposed? Meeting closed. Thank you. CONSERVATION SUBDIVISIONS, STANDARD SUBDIVISIONS, RE- SUBDIVISIONS (Lot Line Changes) Final Determinations: Zuckerber_~, Lloyd P. - This proposal is for an 80/60 clustered conservation subdivision on 32.83 acres where 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 Rd. & NYS Rte. 25 in Peconic. SCTM#1000-86-1-10.9 Joseph Townsend: WHEREAS, this proposal is for an 80~60 clustered conservation subdivision on 32.83 acres of land. Lot 1 equals 65,582 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; and WHEREAS, an application for sketch approval was submitted on October 1,2008, including the sketch plan prepared by Howard W. Young, L.S. dated August 1 2008; and WHEREAS, on November 3, 2008, the Southold Town Planning Board recommended that a common access driveway for Residential Lots 1 and 2 from Wells Road be located along the southern border of the parcel adjacent to an existing driveway from a neighboring residential lot to the south, so as to comply with §240-45(C) and (D); and WHEREAS, the Southold Town Planning Board further recommended that a buffer be created via a berm with landscaping, or solely with landscaping, along the southern side of the common access driveway and the northern boundary of Residential Lots 1 and 2 bordering the farm field so as to minimize wind, dust, noise and possible run-off from the farm, as well as to maintain the existing trees along the eastern boundary of Residential Lots 1 and 2 on Wells Road in compliance with {}240-49(I) and when those existing trees naturally expire, they shall be replaced with street trees and/or landscaping as required by Southold Town Code; and Southold Town Planning Board Pa.qe Fourteen April 12, 2010 WHEREAS, on November 11,2008, the Southold Town Planning Board granted a Negative Declaration pursuant to the State Environmental Quality Review Act - 6 NYCRR Part 617, Section 617.7; and WHEREAS, on November 11,2008, the Southold Town Planning Board determined that the action is consistent with the Town of Southold Local Waterfront Revitalization Program; and WHEREAS, on November 11,2008, the Southold Town Planning Board granted Sketch Approval on the map, prepared by Howard W. Young, L.S., dated August 1,2008; and WHEREAS, on June 12, 2009, the Southold Fire District determined that there is adequate fire protection for the above-referenced proposed conservation subdivision; and WHEREAS, on June 29, 2009, the Suffolk County Planning Commission provided comments on the above-referenced proposed conservation subdivision; and WHEREAS, on November 6, 2009, the application received Suffolk County Department of Health Services approval for the above-referenced proposed conservation subdivision; and WHEREAS, on November 6, 2009 and on December 21, 2009, the Southold Town Engineer provided comments on the above-referenced proposed conservation subdivision; and WHEREAS, the Southold Town Planning Board has reviewed and considered these comments; and WHEREAS, on Monday, February 8, 2010, a public hearing was held and closed; and WHEREAS, on March 8, 2010, the Southold Town Planning Board determined that a formal easement for drainage purposes, as recommended by the Southold Town Engineer, would not be required on Lot 3, Conservation Area; and WHEREAS, on March 8, 2010, the Southold Town Planning Board further determined that the creation of a swale on the eastern side of Lot 3 along Wells Road instead would be sufficient to contain run-off and provide drainage from Lot 3, Conservation Area onto Wells Road; and WHEREAS, on March 18, 2010, the applicant submitted the Final Maps for the above- referenced proposed conservation subdivision; and WHEREAS, all requirements of the conservation subdivision process have been met; be it therefore Southold Town Planninq Board Page Fifteen April 12, 2010 RESOLVED, that the Southold Town Planning Board hereby grant Final Approval upon the maps prepared by Howard W. Young, Land Surveyor, dated April 2, 2009 and last revised on March 17, 2010, subject to the fulfillment of the following conditions, and authorize the Chairman to endorse the maps: 1. The filing of a plot plan with the Office of the Suffolk County Clerk showing the dimensions, metes and bounds of the Drainage Area to be located within the Subdivision Open Space on Lot #3 - "Conservation Area". 2. The filing of a Covenant and Restriction with the Office of the Suffolk County Clerk which includes the following clauses: a. The Drainage Area located on Lot #3 - "Conservation Area" - shall be maintained in perpetuity by the landowner. b. Maintenance shall include any and all re-grading, excavating, planting and any other maintenance activities necessary to ensure proper functioning of the Drainage Area. c. All maintenance activities of the Drainage Area shall be approved by the Southold Town Planning Board. Kenneth Edwards: Second the motion. Joseph Townsend: Any discussion on the motion? All those in favor?. Ayes. Joseph Townsend: Opposed? Motion carries. Briarcliff Sod, Inc. - This proposal is for a conservation subdivision of a 24.97-acre parcel into three lots where Lot 1 equals 1.71 acres, Lot 2 equals 1.71 acres and Lot 3 equals 21.55 acres from which the Development Rights to 21.22 acres have been purchased by The County of Suffolk for the purpose of farmland preservation. The property is located on the s/s/o NYS Route 25 and the n/s/o Leslie's Road approx. 1,500' e/o Bay Avenue in Peconic. SCTM#'s 1000-97-10-1 & 85-3-12.1 & 12.2 Kenneth Edwards: Mr. Chairman, I would like to offer the following resolution: WHEREAS, this proposal is for a conservation subdivision of a 24.97-acre parcel into three lots where Lot I equals 1.71 acres, Lot 2 equals 1.71 acres and Lot 3 equals 21.55 acres upon which the Development Rights to 21.22 acres have been sold to the County of Suffolk and 11,328 square feet of clustered subdivision open space exist on Lot 3; and Southold Town Planninq Board Pa.qe Sixteen April 12, 2010 WHEREAS, on September 14, 2009, the Southold Town Planning Board granted Conditional Final Approval, on the map prepared by John C. Ehlers, L.S., dated May 23, 1997 and last revised on October 29, 2008, subject to the following conditions: 1. Submission of revised Declaration of Covenants and Restrictions to be approved by the Southold Town Planning Board; Provide a copy of the approved filed Declaration of Covenants and Restrictions with the Suffolk County Clerk's Office showing liber and page numbers and that such covenants and restrictions affect the subdivision and the properties within it; and WHEREAS, the above conditions have been met and the applicant has submitted certified copies of the Covenants and Restrictions filed under Liber D00012618 and Page 573 and certified copies of the Drainage Easement filed under Liber D00012618 and Page 574 with the Suffolk County Clerk's Office; be it therefore RESOLVED, that the Southold Town Planning Board hereby grant Final Approval upon the map prepared by John C. Ehlers, Land Surveyor, dated May 23, 1997 and last revised on October 29, 2008, and authorizes the Chairman to endorse the maps. William Cremers: Second the motion. Martin Sidor: Motion made and seconded. Any discussion? All in favor? Ayes. (Recused: Donald Wilcenski) Martin Sidor: Motion carries. Conditional Final Determinations: Southview Preserve - This proposal is to subdivide a 14.54-acre parcel into three lots where Lot 1 equals 44,735 s.f., Lot 2 equals 37,343 s.f. and Lot 3 equals 42,470 s.f., with the remaining 11.53 acres of the property to be preserved as open space. The property is located on the s/s/o Main Bayview Road, approximately 900' e/o Cedar Drive in Southold. SCTM#1000-87-5-21.4, 21.7-21.11 Donald Wilcenski: WHEREAS, this proposal is to subdivide a 14.54-acre parcel into three lots where Lot 1 equals 44,735 s.f., Lot 2 equals 37,343 s.f. and Lot 3 equals 42,470 s.f., with the remaining 11.53 acres of the property to be preserved as open space; and WHEREAS, an application for Sketch Approval was submitted on June 9, 2005; and Southold Town Planning Board Pa.qe Seventeen April 12, 2010 WHEREAS, on December 12, 2005, the Southold Town Planning Board, acting under the State Environmental Quality Review Act pursuant to 6 NYCRR Part 617, Section 617.7, established itself as lead agency for the Unlisted Action and, as lead agency, granted a Negative Declaration for the proposed action; and WHEREAS, on December 12, 2006, the Southold Town Planning Board granted Conditional Sketch Approval upon the map, prepared by Victor Bert, P.E., of Nelson and Pope, dated as last revised October 10, 2005; and WHEREAS, on April 7, 2006, the applicant submitted the application for Preliminary Plat Approval, including the Preliminary Plat and Road and Drainage Plans, prepared by Victor Bert, P.E. and Paul Racz, L.S. of Nelson and Pope, dated January 18, 2006; and WHEREAS, on November 14, 2006, the Southold Town Planning Board granted Conditional Preliminary Plat Approval on the plat prepared by Victor Bert, P.E. and Paul Racz, L.S. of Nelson and Pope, dated January 18, 2006 and last revised on August 4, 2006; and WHEREAS, on February 22, 2007, the applicant submitted an application for Final Plat Approval; and WHEREAS, on May 14, 2007, Conditional Preliminary Plat Approval on the plat prepared by Victor Bert, P.E. and Paul Racz, L.S. of Nelson and-Pope, dated January 18, 2006 and last revised on August 4, 2006, expired; and WHEREAS, on March 12, 2009, the applicant submitted a request to the Southold Town Planning Board requesting a re-issuance of Conditional Preliminary Plat Approval which had expired due to pending Suffolk County Health Department Approval, on the plat prepared by Victor Bert, P.E. and Paul Racz, L.S. of Nelson and Pope, dated January 18, 2006 and last revised on August 4, 2006; and WHEREAS, on June 23, 2009, the Southold Town Planning Board re-issued Conditional Preliminary Plat Approval on the plat prepared by Victor Bert, P.E. and Paul Racz, L.S. of Nelson and Pope, dated January 18, 2006 and last revised on August 4, 2006; and WHEREAS, on June 29, 2009, the Suffolk County Planning Commission determined that this proposed action was a matter of local determination and provided four comments which the Southold Town Planning Board considered and incorporated into the subdivision map; and WHEREAS, on September 23, 2009, the Southold Town Board of Trustees issued a Wetlands Permit (Permit #7183) for the above-referenced proposed standard subdivision; and Southold Town Planninq Board Page Eighteen April 12, 2010 WHEREAS, on September 29, 2009, the Southold Town Local Waterfront Revitalization Program (LWRP) Coordinator reviewed the above-referenced proposed action and determined the action was consistent with the LWRP policies for the Town of Southold; and WHEREAS, on October 5, 2009, the Southold Town Planning Board reviewed the Preliminary Plat Application and requested that the applicant make certain revisions to the plan; and WHEREAS, on October 9, 2009, the applicant submitted a copy of a Letter of Water Availability and an installation price quote for public water to the proposed standard subdivision from the Suffolk County Water Authority; and WHEREAS, on October 13, 2009, the applicant requested that the Southold Town Planning Board allow the percentage of individual lot area permitted to be cleared at 67% for Lot 1,62% for Lot 2 and 69% for Lot 3; and WHEREAS, on November 5, 2009, the Southold Town Principal Planner reviewed the clearing request made by the applicant and recommended that the Southold Town Planning Board approve the requested clearing changes; and WHEREAS, on November 16, 2009, the Southold Town Planning Board reviewed the Principal Planner's recommendations regarding clearing limits and accepted the recommendation and agreed to allow the clearing changes requested by the applicant; and WHEREAS, on January 25, 2010, the applicant submitted a second request to alter the clearing limits previously approved for Lot 2 from 62% to 69%; and WHEREAS, on February 2, 2010, the applicant submitted a Draft Open Space Easement for review; and WHEREAS, on March 9, 2010, the Southold Town Principal Planner reviewed the second clearing request made by the applicant and recommended that the Southold Town Planning Board approve the requested clearing changes; and WHEREAS, on March 9, 2010, the Southold Town Planning Board reviewed the Principal Planner's recommendations regarding clearing limits for Lot 2 and accepted the recommendation and agreed to allow the clearing changes for Lot 2 requested by the applicant; and WHEREAS, on March 29, 2010, the Southold Town Planning Board reviewed the draft Open Space Easement and requested that changes be made; be it therefore RESOLVED, that the Southold Town Planning Board hereby grant Conditional Final Approval on the map prepared by Victor Bert, P.E., and Paul Racz, L.S., of Nelson and Southold Town Planning Board Pa.qe Nineteen April 12, 2010 Pope, dated January 18, 2006 and last revised on October 9, 2009, subject to the following conditions: 1. Submission of twelve paper copies and four mylar copies of the Final Plat. 2. Five copies of the Final Road and Drainage Plan. 3. Submission of the filed and recorded Open Space Easement with the Suffolk County Clerk's Office. William Cremers: Second the motion. Martin Sidor: Ayes. Martin Sidor: Motion carries. Motion made and seconded. Any discussion? All in favor? George 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 William Cremers: WHEREAS, this proposal is to amend the filed approved major subdivision map for Papadopoulos & Maragos, a major subdivision which created 5 lots on 14.344 acres in 1988; and WHEREAS, Mr. Penny owns Lot #3, SCTM#1000-59-17.3, which totals 6.967 acres and which has upon it a 50' easement consisting of 25' of a 60' LIPA easement along with the remaining 25' of the original subdivision easement; and WHEREAS, the remaining 25' of the 50' subdivision easement not encumbered by the existing LIPA easement has a notation upon it stating "Reserved for Possible Future Dedication to the Town"; and WHEREAS, on October 5, 2009, the petitioner requested that the Southold Town Planning Board consider removing this notation upon the filed and approved subdivision map; and WHEREAS, the creation of this 50' easement with the above-referenced notation was created as a condition of subdivision approval in the event adjacent properties were to be further subdivided and the use of a connecting road would have been required; and Southold Town Planninq Board Page Twenty April 12, 2010 WHEREAS, the adjacent property (SCTM#1000-59-3-26.1) has not been subdivided to date; and WHEREAS, should the above-referenced adjacent property be subdivided, there is access from C.R. 48; and WHEREAS, should the above-referenced adjacent property be subdivided, the existing 25' of the 50' subdivision easement would not meet current Southold Town Highway Specifications (§161-15) for right-of-way width to accommodate a subdivision of more than 5 lots; and WHEREAS, the Southold Town Board has reviewed the file for the creation of the above-referenced major subdivision and has found no reason to keep the notation upon the filed and approved map; be it therefore RESOLVED, that the Southold Town Planning Board hereby grant Conditional Final Approval to the petitioner's request to remove the above-referenced notation from the filed and approved subdivision map, subject to the following condition: Submit to the Southold Town Planning Board a copy of the new filed and recorded subdivision map with liber and page number from the Suffolk County Clerk's Office reflecting the removal of the above-referenced notation. Donald Wilcenski: Second. Martin Sidor: Motion made and seconded. Any discussion? All in favor? Ayes. Martin Sidor: Motion carries. Conditional Preliminary Determinations: 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 Kenneth Edwards: Mr. Chairman, I will offer the following resolution: WHEREAS, this proposal is to subdivide a 4.28-acre parcel into 3 lots where Lot 1 equals 41,994 sq. ft., Lot 2 equals 43,631 sq. ft., and Lot 3 equals 90,023 sq. ft., in the R-40 Zoning District; and Southold Town Planninq Board Page Twenty-One April 12, 2010 WHEREAS, an application for sketch approval was submitted on April 3, 2006 with a plan prepared by John T. Metzger, L.S., dated July 6, 2005; and WHEREAS, on May 11, 2006, the applicant submitted a revised sketch plan prepared by John T. Metzger, L.S., dated July 6, 2005 and last revised on November 28, 2005; and WHEREAS, on July 13, 2009, the Southold Town Planning Board granted Sketch Approval on the map prepared by John T. Metzger, L.S., dated July 6, 2005 and last revised on January 27, 2009; and WHEREAS, on October 22, 2009, an application for preliminary approval was submitted with a subdivision map plan and profile prepared by John T. Metzger, L.S., dated September 30, 2009; and WHEREAS, on November 24, 2009, the Southold Town Planning Board requested that the applicant submit revised preliminary plans showing previously discussed and agreed upon street trees to be located on Lots 1 and 2 pursuant to Southold Town Code §280-93 Front Landscaped Area; and WHEREAS, on November 25, 2009, the Southold Town Planning Board, acting under the State Environmental Quality Review Act pursuant to 6 NYCRR Part 617, Section 617.7, established itself as lead agency for this Unlisted Action; and WHEREAS, on January 22, 2010, the applicant submitted revised copies of the preliminary map showing the required street trees on Lots 1 and 2; and WHEREAS, on March 8, 2010, a public hearing was held and closed; and WHEREAS, on March 11,2010, the applicant submitted draft copies of the Covenants and Restrictions and the Driveway/Right-of-Way Agreement for further Southold Town Planning Board review; 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, makes a determination of non-significance and grant a Negative Declaration; Joseph Townsend: Second. Martin Sidor: Motion made and seconded. Any discussion? All in favor? Ayes. Martin Sidor: Motion carries. Southold Town Planning Board Page Twenty-Two April 12, 2010 Kenneth Edwards: and be it further RESOLVED, that the Southold Town Planning Board hereby grant Conditional Preliminary Approval upon the Preliminary Subdivision Plat entitled "Preliminary Plan for the Standard Subdivision for Karen Mazzaferro" prepared by John T. Metzger dated September 30, 2009 and last revised on January 21,2010, subject to the following conditions: a) Submission of Final Plat Application b) Submission of Final Plat c) Suffolk County Department of Health Services Approval Joseph Townsend: Second. Martin Sider: Motion made and seconded. Any discussion? All in favor? Ayes. Martin Sider: 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 Joseph Townsend: WHEREAS, this proposal is for a standard subdivision to subdivide a .8011-acre 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; and WHEREAS, an application for Sketch Approval was submitted on May 11,2006; and WHEREAS, on July 10, 1997, the Zoning Board of Appeals granted an area variance (No. 4480) for the proposed action with the following condition: "There shaft be no direct access, curb cuts or driveways from or to County Road 48 from the parcels"; and WHEREAS, on November 13, 2006, the Southold Town Planning Board acting under the State Environmental Quality Review Act pursuant to 6 NYCRR Part 617, Section 617.7, established itself as lead agency for the unlisted action and, as lead agency, granted a Negative Declaration for the proposed action; and WHEREAS, on May 8, 2008 an application for Preliminary Approval was submitted; and Southold Town Planninq Board Page Twenty-Three April 12, 2010 WHEREAS, on July 14, 2008, the Southold Town Planning Board granted Conditional Sketch Approval upon the map entitled "Subdivision For Nickart Realty" dated February 10, 1998 and last revised April 1,2008, prepared by Peconic Surveyors, P.C.; and WHEREAS, on August 12, 2008, the applicant submitted a Park and Playground Fee in the amount of $7,000.00 as required by Southold Town Code §240-53 (G); and WHEREAS, on September 19, 2008, the applicant submitted a copy of the Tidal Wetland Letter of Non-Jurisdiction from the New York State Department of Environmental Conservation, dated April 6, 1998; and WHEREAS, on January 23, 2009 the applicant submitted the final report for the Phase I Archeological Review prepared by Tracker Archeology Services, Inc.; and WHEREAS, on February 13, 2009, referrals for the above-referenced application were sent to the following for comment: 1) Southold Town Engineer 2) LWRP Coordinator 3) Southold Town Board of Trustees 4) Suffolk County Planning Commission 5) Southold Town Chief Building Inspector 6) Southold Fire District; and WHEREAS, on February 27, 2009, the Southold Fire District responded stating that there was adequate fire protection for this proposed standard subdivision; and WHEREAS, on March 12, 2009, the Suffolk County Department of Health Services approved the above-referenced proposed standard subdivision; and WHEREAS, on March 23, 2009, the Southold Town Local Waterfront Revitalization Program (LWRP) Coordinator reviewed the proposed action and provided comments and recommended that the proposed action was consistent with the Southold Town LWRP policies; and WHEREAS, on March 30, 2009, the Southold Town Planning Board and Planning Staff conducted a site-visit to the above-referenced proposed standard subdivision; and WHEREAS, on April 10, 2009, the Southold Town Engineer provided comments on the above-referenced proposed standard subdivision; and WHEREAS, on April 16, 2009, the Southold Town Board of Trustees provided comments to the Southold Town Planning Board for the above-referenced proposed standard subdivision stating that "...due to the proximity to the Long Island Sound, the area is subject to potential storm damage and should therefore not be subdivided" and further disagreed with the New York State Department of Environmental Conservation's determination on non-jurisdiction; and Southold Town Planninq Board Page Twenty-Four April 12, 2010 WHEREAS, on May 18, 2009, the Suffolk County Planning Commission provided comments stating that the above-referenced proposed subdivision was a matter of local jurisdiction with the following comments: "The proposed Subdivision creates substandard lots and appears to be an over intensification of use based on the requirements of the Town of Southold R-40 Zoning District;" and "Clearing and grading within each lot should be limited to that necessary for siting and constructing a house and typical accessory structures with the intent of preserving as much of the natural vegetation on the site as possible, and to minimize storm water run-off and erosion"; and WHEREAS, on May 29, 2009, the applicant submitted a revised subdivision map showing the staking locations for the building envelopes as requested by the Southold Town Planning Board pursuant to their Mamh 30, 2009 site visit; and WHEREAS, on June 23 and September 22, 2009, a letter was sent to the applicant by the Southold Town Planning Board requesting revisions to the subdivision map to clearly show the following: 1) clearing limits 2) building envelopes 3) setbacks 4) driveways 5) expansion of right-of-way on Old Cove Boulevard to 25' wide 6) proposed French drain, grading, retaining walls and septic system as required by Southold Town Engineer for drainage plans 7) 15 and 10 foot natural vegetated buffer along north, east and southerly property lines 8) minimum of 4 street trees on each lot along CR 48; and WHEREAS, on November 19, 2009, the applicant submitted subdivision plans and drainage plans reflecting the previously Southold Town Planning Board requested revisions; and WHEREAS, on January 25, 2010, the Southold Town Planning Board reviewed and accepted the revised Preliminary Plans; and WHEREAS, on February 1,2010, the Southold Town LWRP Coordinator provided recommendations of plant and tree species to the Southold Town Planning Board for landscaping and vegetated buffers to be planted on the above-referenced proposed standard subdivision; and WHEREAS, on February 1,2010, the Southold Town Planning Board reviewed and accepted the LWRP Coordinator's recommendations; and WHEREAS, on February 9, 2010, the revised Preliminary Plans were reviewed by the Southold Town Engineer; and Southold Town Planninq Board Pa,qe Twenty-F ve April 12, 2010 WHEREAS, on February 16, 2010, the Southold Town Planning reviewed and accepted all of the above-referenced comments; and WHEREAS, on March 8, 2010, a preliminary public hearing for this proposed standard subdivision was held and closed; 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; William Cremers: Second the motion. Martin Sidor: Motion made and seconded. Any discussion? All in favor?. Ayes. Martin Sidor: Motion carries. Joseph Townsend: and be it further RESOLVED, that the Southold Town Planning Board hereby grant Conditional Preliminary Approval on the subdivision plan prepared by John T. Metzger, dated October 22, 2009 and last revised November 16, 2009, subject to the following conditions: 1. Submission of the application and fee for Final Plat Approval with a notation on the map indicating the following: Sterilization of the sending parcel (SC TM#1000-113- 7-1g. 11 merged with SCTM#1000-113-7-13) as required by the Suffolk County Department of Health Services as a condition of receiving a variance to'develop SCTM#1000-52-2-13. 2. Submission of Draft Covenants and Restrictions containing the following clauses: a. There shall be no direct access, curb cuts or driveways from or to County Road 48 from the Lot 1 and Lot 2. b.. There shall be no changes to any of the lot lines without Planning Board approval. c. Pursuant to Chapter 236, Storm Water, Grading & Drainage Control Law of the Southold Town Code, all storm water shall be retained on-site. d. There shall be no further subdivision of any of the lots on the approved subdivision map, in perpetuity. Southold Town Planninq Board Page Twenty-Six April 12, 2010 The natural vegetated buffers for the property shall be 10' (feet) wide on the western property line running N.31°40'50" W. for 80.16' (feet) on the eastern property line running S.31°E. for 80.16' (feet) and on the southern property line running S.61°59'10" W. for 367.71' (feet), and f. shall be 15' (feet) wide along the full length of the northern property line south of Middle Road (C.R. 48) running N.61°59'10"E. for 387.76' (feet). Natural vegetated buffers shall be planted only with vegetation choices identified in the approved Town of Southold Planning Board Native/Natural Buffer Planting Specifications following Southold Town Planning Board Approval. Maintenance of the natural vegetated buffer shall be limited to planting of approved plant species, pruning of vegetation and removal and replacement of dead or diseased vegetation to protect the safety, health and welfare of residents and property. i. The natural vegetated buffers described above shall remain in perpetuity. Landscaping will be required to remain over the septic systems with plants from the approved Town of Southold Planning Board Native/Natural Buffer Planting Specifications. There shall be a minimum of four (4) street trees planted along CR 48 on the southern property line, with two street (2) trees planted on the NE corner of Lot 2 and SE corner of Lot I on C.R. 48. Street trees shall be native to Long Island. William Cremers: Second the motion. Martin Sidor: Motion made and seconded. Any discussion? All in favor?. Ayes. Martin Sidor: Motion carries. Southold Town Planninq Board Pa.qe Twenty-Seven April 12, 2010 SITE PLANS Final Determinations: Lavender by the Bay - This amended site plan is for the construction of an accessory 18'x 96' hoop house on 8.6 acres located in the R-40 Zoning District whereas the Suffolk County Farmland Committee has purchased the Development Rights. The property is located at 7540 Main Road, approximately 10' e/o Cedar Lane in East Marion. SCTM#1000-31-6-28.6 Donald Wilcenski: WHEREAS, this site plan is proposing to construct an 18' x 96' temporary greenhouse for the purpose of starting lavender plants early in the spring and drying lavender in the summer, on 8.6 acres in the R-40 Zoning District; and WHEREAS, on January 26, 2010, the Suffolk County Farmland Committee reviewed the request for a permit to install and maintain a greenhouse structure and approved the project with nine conditions; and WHEREAS, the applicant submitted an application for site plan review on March 2, 2010 that meets the conditions of the Suffolk County Farmland Committee permit; and WHEREAS, the Southold Town Planning Board accepted the application for formal review at their March 15, 2010 Work Session; and WHEREAS, on March 16, 2010, the Planning Board, pursuant to Southold Town Code §280-131 C., distributed the application to the required agencies for their comments; and WHEREAS, the Southold Town Planning Board, pursuant to State Environmental Quality Review (SEQR) (6 NYCRR, Part 617.5 (c) (3) has determined that the proposed action is a Type II Action as it falls within the following description for (6 NYCRR, Part 617.5 (c) (3): "agricultural farm management practices, including construction...of farm buildings and structures..." and not subject to review under SEQRA; and WHEREAS, the Southold Town Planning Board, pursuant to §280-131 H of the Southold Town Code, has the discretion to waive the public hearing requirement for those applications involving uses strictly related to agriculture; and WHEREAS, the Southold Town Planning Board has found that the public hearing for this application may be waived for the following reasons: this site is an already active farm operation, the proposed greenhouse will not be open to the public and the proposed has been reviewed and approved by the Suffolk County Farmland Committee; location and the proposed greenhouse will conform to zoning setbacks and be approximately 320 feet from the nearest public right-of-way (S.R. 25), 25 feet from the property line to the west and the structure is surrounded to the north, south and east by active agricultural operations; and Southold Town Planninq Board Page Twenty-Ei.qht April 12, 2010 WHEREAS, the Southold Town Planning Board, pursuant to §280-133 C of the Southold Town Code, has the discretion to waive any or all of the requirements in §280- 133 for those applications involving uses strictly related to agriculture as long as they are not necessary to further the objectives set forth in Town Code §280-129 to maintain public health, safety, and welfare; and WHEREAS, pursuant to Southold Town Code §280-133 C, the Planning Board has found that requiring the entire set of site plan application requirements for this site is not necessary for the following reasons: the application is for an agricultural use and part of an active farm operation and the parcel is large in size relative to the proposed and existing structures. Therefore, the Planning Board will require only the following site plan application items: §280-133 A. (1) and (2), B. (l)(a - f), B. 3(a) and B. 4(a) and (i); and WHEREAS, the Southold Town Planning Board, pursuant to Southold Town Code §280-131 B (5), has the discretion to vary or waive the parking requirements for site plan applications where doing so would not have a detrimental effect on the public health, safety or general welfare, and will not have the effect of nullifying the intent and provision of the Site Plan Requirements chapter of the Town Code. The Planning Board has found that this application is eligible for a waiver of parking requirements because there is no need to provide for parking - the greenhouse is not open to the public, and there is ample parking existing on site in connection to the retail portion of the operation previously reviewed and approved by the Planning Board; and WHEREAS, on March 18, 2010, the Southold Town Architectural Review Committee reviewed and determined that the proposed agricultural storage building was not acceptable and recommended landscaped screening of the proposed structure on all sides that face a public road; and WHEREAS, on March 22, 2010, the East Marion Fire District determined there were no specific concerns with the application; and WHEREAS, on March 29, 2010, the Town of Southold LWRP Coordinator reviewed the above-referenced project and has recommended that the proposed project is consistent with Southold Town LWRP policies; and WHEREAS, on April 1, 2010, the Southold Town Engineer reviewed the above- referenced application and has determined the project to provide adequate drainage as designed by the USDA Natural Resource Conservation Service on behalf of the applicant; and WHEREAS, on April 12, 2010, the Southold Town Chief Building Inspector reviewed and certified the proposed site plan as a permitted use in the A-C Zoning Districts; and WHEREAS, all applicable requirements of the Site Plan Regulations Article XXIV, §280 - Site Plan Approval of the Town of Southold have been met; be it therefore Southold Town Planninq Board Page Twenty-Nine April 12, 2010 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; 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 the Southold Town Planning Board hereby waives the public hearing requirement, the parking requirement, and certain site plan requirements as noted above; Kenneth Edwards: 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 the Southold Town Planning Board grant Approval to the site plan entitled: "Lavender by the Bay" prepared by Nathan Taft Corwin, ~11, L.S., originally dated December 7, 2007 and last revised by Serge Rosenbaum, owner/applicant, on March 2, 2010, and authorize the Chairman to endorse the site plan. William Cremers: Second the motion. Martin Sidor: Moved and seconded; any discussion? All in favor? Ayes. Martin Sidor: Motion carries. Southold Town Planning Board Pa.qe Thirty April 12, 2010 SITE PLANS - STATE ENVIRONMENTAL QUALITY REVIEW ACT Determinations: T-Mobile, Northeast~ LLC at the Cutcho.que Presbyterian Church - This application is for a Special Exception & Site Plan approval of a new wireless communication facility where the antennae are to be mounted within an existing chumh steeple, and the base station equipment is to be located outside the building in a screened enclosure. As part of the application, the applicant proposes to remove and replace a portion of an existing church steeple to match the existing church building on a 0.91-acre site located in the R-40 Zoning District. The property is located at 27245 Main Road, on the n/e corner of Main Road and Highland Road in Cutchogue. SCTM#1000-109-2-17.1 William Cremers: I will offer the following resolution: WHEREAS, the request is for interior mounted antennae within an existing church steeple, including a related storage equipment area screened from view. As part of the application, the applicant proposes to remove and replace a portion of an existing church steeple to match the existing church building on a 0.91-acre site located in the R-40 Zoning District; and WHEREAS, an application for a Special Exception & Site Plan approval for a public utility wireless communication facility was submitted for review on August 21,2009, including a site plan prepared by Nell Alexander MacDonald, dated October 8, 2008; and WHEREAS, on October 5, 2010, 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 coordination process for this Unlisted Action; be it therefore RESOLVED, that the Southold Town Planning Board, acting under the State Environmental Quality Review Act, performed a coordinated review of this Unlisted Action and, as lead agency, make a determination of non-significance and grant a Negative Declaration. Kenneth Edwards: Second the motion. Martin Sidor: Moved and seconded; any discussion? All in favor?. Ayes. Martin Sidor: Motion carries. Southold Town Planning Board Pa.qe Thirty-One April 12, 2010 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 (A-C) Zoning District. The property is located at 39390 Main Road, on the s/s/o Main Road, approximately 520' w/o Indian Neck Lane in Peconic. SCTM#1000-85-3-11.3 & 11.4 Kenneth Edwards: I will offer the following resolution: WHEREAS, this amended site plan is for the construction of a 6,244 sq. fl. second winery building on a previously developed and approved 50.4-acre parcel in the Agricultural Conservation Zoning District; and WHEREAS, an amended application was submitted for review on December 3, 2010, including a site plan prepared by Ira Haspel Architect, P.C. dated June 5, 2009; and WHEREAS, on December 29, 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 coordination process for this Unlisted Action; be it therefore RESOLVED, that the Southold Town Planning Board, acting under the State Environmental Quality Review Act, performed a coordinated review of this Unlisted Action and, as lead agency, makes a determination of non-significance and grants a Negative Declaration. 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: · March 8, 2010 Regular Meeting · March 22, 2010 Special Meeting Donald Wilcenski: So moved. Joseph Townsend: Second. Southold Town Planning Board Pa,qe Thirty-Two April 12, 2010 Martin Sidor: Moved and seconded; any discussion? All in favor?. Ayes. Martin Sidor: Motion carries. Does anyone on the Board wish to put anything in the minutes? Hearing none, we need a motion for adjournment. Joseph Townsend: So moved. Kenneth Edwards: Second. Martin Sidor: Motion made and seconded. Any discussion? All in favor? Ayes. Martin Sidor: Motion carries. There being no further business to come before the meeting, it was ADJOURNED at 7:00 p.m. Respectfully submitted, Martin H. Sidor, Chair RECEIVED ~-,,,/7~-, I/,AY ]] 2010 o.~hol~l Town Clerl~