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HomeMy WebLinkAboutPB-06/14/2010PLANNING BOARD MEMBERS MARTIN H. SIDOR Chair WILLIAM J. CREMERS KENNETH L. EDWARDS JOSEPH 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 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 Present were: PUBLIC MEETING MINUTES Monday, June 14, 2010 6:00 p.m. Martin H. Sidor, Chairperson William J. Cremers, Member Kenneth L. Edwards, Member Joseph Townsend, Member Donald J. Wilcenski, Member Heather Lanza, Planning Director Mark Terry, Principal Planner Tamara Sadoo, Planner Kristy Winser, Planner Carol Kalin, Secretary RECEIVED 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, July 12, 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. Kenneth Edwards: Second. Martin Sidor: Motion made and seconded. Any discussion? All in favor? Ayes. Martin Sidor: Motion carries. Southold Town Planninq Board Pa.qe Two June 14, 2010 PUBLIC HEARINGS 6:00 p.m. - Barb's Vefl.qies - This proposed site plan is for a hoop-house adjacent to an existing farm stand on 28.370 acres. The hoop-house is 15' x 48' x 8' and will be used for storing plants, flower baskets and vegetables during the night. The hoop- house will not be accessible by the public. The property is located at 4195 NYS Route 25 in Peconic. SCTM#1000-86-1-15 Martin Sidor: Is there anyone in the audience who wishes to pass comment to the Planning Board on this application? If so, please step forward down either aisle to the microphone, state your name and address and write them on the paper provided for the record. Going once, going twice--three strikes. 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. 6:05 p.m. - ReRina's Garden - This site plan application is to convert an existing 1,400 sq. ft. building to an office in connection with the over-all farm use of the site on 1.03 acres located in the A-C Zoning District. The property is located at 1150 Sound Avenue, Mattituck. SCTM#1000-120-3-5 Martin Sidor: Is there anyone in the audience who wishes to address comment to the Planning Board on this application, please step forward to either microphone, state your name and address and write them on the paper provided for the record. Hearing none, Joseph Townsend: I make a motion to close the hearing. Kenneth Edwards: Second the motion. Martin Sidor: Motion made and seconded. Any discussion? All in favor?. Ayes. Martin Sidor: Motion carries. Southold Town Planning Board Page Three June 14, 2010 CONSERVATION SUBDIVISIONS, STANDARD SUBDIVISIONS, RE- SUBDIVISIONS (Lot Line Changes) Conditional Final Determinations: Adipietro, Robert - This is a proposed standard subdivision of a 2.038-acre pamel into three lots where Lot 1 equals 20,229 sq. ft., Lot 2 equals 29,817 sq. ft. and Lot 3 equals 29,291 sq. ft. in the HB Zoning District. The property is located at 2980 Peconic Lane on the e/s/o Peconic Lane approximately 333 ft. s/o County Road 48 in Peconic. SCTM#1000-74-3-16 Kenneth Edwards: I will offer the following resolution: WHEREAS, this is a proposed standard subdivision of a 2.038-acre parcel into three lots where Lot 1 equals 20,229 sq. ft., Lot 2 equals 29,817 sq. ft., and Lot 3 equals 29,291 sq. ft. in the HB Zoning District; and WHEREAS, an application for Sketch Approval was submitted on February 28, 2007, including the sketch plan prepared by John T. Metzger, L.S., dated June 24, 2005 and last revised on April 16, 2007; and WHEREAS, on February 15, 2007, the Suffolk County Water Authority issued a Letter of Water Availability for the proposed action; and WHEREAS, on August 13, 2007, the Southold Town Planning Board started the SEQRA lead agency coordination process for this Unlisted Action; and WHEREAS, on August 15, 2007, the applicant submitted a revised Sketch Plan prepared by John T. Metzger, L.S., dated June 24, 2005 and last revised on May 8, 2007; and WHEREAS, on November 15, 2007, the Southold Town Planning Board issued a Negative Declaration for the action pursuant to New York State Environmental Quality Review Act (SEQRA) 5 NYCRR Part 617, Section 617.7; and WHEREAS, the Southold Town Planning Board reviewed the revised Sketch Plan at their Work Session on September 4, 2007 and found that sufficient information had been submitted to issue Conditional Sketch Approval; and WHEREAS, the Southold Town Planning Board granted Conditional Sketch Approval on the map prepared by John T. Metzger, L.S., dated June 24, 2005 and last revised on May 8, 2007, subject to conditions and the conditions have been met; and Southold Town Planninq Board Pa.qe Four June 14, 2010 WHEREAS, on June 4, 2008, the Suffolk County Planning Commission reviewed the proposed action and responded with one comment; and WHEREAS, the Southold Town Planning Board incorporated the Suffolk County Planning Commission's comment in the subdivision design; and WHEREAS, on November 12, 2008, the Southold Fire District determined that fire protection for the proposed action is adequate; and WHEREAS, the Southold Town Planning Board held a public hearing on Monday, December 8, 2008 at 6:05 p.m. on the Preliminary Plat prepared by Peconic Surveyors, P.C., dated September 8, 2007 and last revised July 8, 2008; and WHEREAS, the Southold Town Planning Board received public comments on the proposed action; and WHEREAS, the Preliminary Public Hearing was closed on January 12, 2009; and WHEREAS, on Mamh 5, 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 April 14, 2009, the Southold Town Planning Board granted Conditional Preliminary Plat Approval upon the map prepared by Peconic Surveyors, P.C., dated June 24, 2005 and last revised on July 8, 2008, entitled "Standard Subdivision for the Property of Robert and Patrick Adipietro", and all the conditions have b~en met; and WHEREAS, on September 2, 2009, the applicant requested a six (6) month extension of Conditional Preliminary Approval granted on April 14, 2009; and WHEREAS, on October 13, 2009, the Southold Town Planning Board granted a six (6) month extension of Conditional Preliminary Approval from October 14, 2009 to March 14, 2010 upon the map prepared by Peconic Surveyors, P.C., dated June 24, 2005 and last revised on July 8, 2008, entitled "Standard Subdivision for the Property of Robert and Patrick Adipietro"; and WHEREAS, on February 11, 2010, the applicant received Suffolk County Department of Health Services approval; and WHEREAS, on Mamh 1,2010, the applicant submitted an application for Final Plat Approval; and WHEREAS, on May 17, 2010, the Southold Town Planning Board conducted a final review of the draft Covenants and Restrictions, Driveway and Maintenance Agreement and Easement; and Southold Town Planninq Board Pa.qe Five June 14, 2010 WHEREAS, on June 7, 2010, the Southold Town Planning Board accepted the Covenants and Restrictions, Driveway and Maintenance Agreement and Easement for the above-referenced application; be it therefore RESOLVED, that the Southold Town Planning Board has reviewed the proposed action under the policies of the Town of Southold Local Water[ront Revitalization Program and determined that the action is consistent; William Cremers: Second. Martin Sidor: Motion made and seconded. Any discussion? All in favor? Ayes. Martin Sidor: Motion carries. Kenneth Edwards: and be it further RESOLVED, that the Southold Town Planning Board hereby grants Approval upon the Plot Plan titled "Plan for the Entrance 25' Right- of-Way Standard Subdivision for the Property of Robert & Patrick Adipietro at Peconic", prepared by Peconic Surveyors, P.C., dated February 3, 2010 to be attached to the Final Plat and recorded and filed with the Final Approved Plat with the Office of the Suffolk County Clerk stating liber and page number; William Cremers: Second. Martin Sidor: Motion made and seconded. Any discussion? All in favor?. Ayes. Martin Sidor: Motion carries. Kenneth Edwards: and be it further RESOLVED, that pursuant to Southold Town Code §240-24, the Final Plat is in substantial agreement with the approved Preliminary Plat entitled "Standard Subdivision for the Property of Robert and Patrick Adipietro" prepared by Peconic Surveyors, P.C., dated June 24, 2005 and last revised on July 8, 2008, and, therefore, no Final Public Hearing is required; Joseph Townsend: Second. Martin Sidor: Motion made and seconded. Any discussion? All in favor?. Ayes. Martin Sidor: Motion carries. Southold Town Planninq Board Page Six June 14, 2010 Kenneth Edwards: and be it further RESOLVED, that the Southold Town Planning Board hereby grant Conditional Final Plat Approval upon the map prepared by Peconic Surveyors, P.C., dated June 24, 2005 and last revised on December 30, 2009, entitled "Standard Subdivision for the Property of Robert and Patrick Adipietro" subject to the following conditions: a) Submission of filed and recorded Covenants and Restrictions, Driveway and Maintenance Agreement and Easement with the Office of the Suffolk County Clerk stating liber and page number for each document. b) Submission of a Park & Playground Fee in the amount of $14,000 payable to the Town of Southold as required by Southold Town Code §240-54(G). c) Submission of the Administration Fee in the amount of $4,000 payable to the Town of Southold as required by Southold Town Code §240-37. Donald Wilcenski: Second. Martin Sidor: Motion made and seconded. Any discussion? All in favor?. Ayes. Martin Sidor: Motion carries. Conditional Preliminary Determinations: Aries Estates - This proposal is for a standard subdivision of an 11.4418-acre parcel into two lots, where Lot 1 totals 3.7667 acres including 1.7229 acres of open space, and Lot 2 totals 7.6751 acres including 4.6711 acres of open space in the R-80 Zoning District. The property is located at the westerly terminus of a private right-of-way which extends north from Kayleigh's Court in East Marion. SCTM#1000-22-3-2 Joseph Townsend: WHEREAS, this proposal is for a standard subdivision of an 11.4418-acre parcel into two lots, where Lot 1 equals 3.7362 acres, including 1.4354 acres of open space, and Lot 2 equals 7.6786 acres, including 5.0872 acres of open space, in the R-80 Zoning District; and WHEREAS, an application and fee for Sketch Approval was submitted on May 31, 2006; and WHEREAS, on January 8, 2007, the East Marion Fire District Board of Commissioners issued a letter "requiring that a fire well be located 200' of each building envelope and access to the well site be provided" and "that the access roads are a minimum of 20' wide and 20' high per NYS Law"; and Southold Town Planninq Board Pa.qe Seven June 14, 2010 WHEREAS, on January 9, 2007, the Southold Town Planning Board agreed to allow the proposed Open Space to be individually attached to each of the proposed two lots in this instance only for the purpose of creating a reduced density clustered subdivision; and WHEREAS, on March 10, 2008, 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; and WHEREAS, on April 7, 2008, the East Marion Fire District Board of Commissioners inspected the entrance road which runs north from Kayleigh's Court and "found access for emergency equipment satisfactory"; and WHEREAS, the access roads must be maintained to a minimum of 20' wide and 20' high clearance devoid of structures or vegetation per East Marion Fire District Board of Commissioners and New York State Law; and WHEREAS, on April 1,2008, the Town of Southold Board of Trustees issued a Letter of Non-jurisdiction for the proposed action; and WHEREAS, on April 3, 2008, the New York State Department of Environmental Conservation issued a Notice of Need for a Tidal Wetlands Permit for the proposed action; and WHEREAS, on May 7, 2008, the Suffolk County Department of Planning resolved to "disprove the action pursuant to Section A14-24 of the Suffolk County Administrative Code" and issued the following comment: "Several tax map parcels in the vicinity have similar access issues to this proposal. The Town may wish to consider the preparation of a "block study" or mini "Master Plan" for the area, wherein unified coordination of the development ora public right-of-way can be made possible via incremental implementation of the Plan"; and WHEREAS, the Planning Board has requested that the comment be implemented and determined that the action is not feasible due to the unwillingness of the property owners whom gain access over the right-of-way; and WHEREAS, on May 19, 2008, the Southold Town Planning Board considered the comment made by the Suffolk County Planning Commission and, due to the unwillingness of the adjacent property owners whom gain access over the right-of-way, agreed to over-rule the comment; and Southold Town Planning Board Page Eight June 14, 2010 WHEREAS, on May 19, 2008, the Southold Town Planning Board, acting under the State Environmental Quality Review Act pursuant to 6 NYCRR Part 617, Section 617.7, granted a Negative Declaration for the proposed action; and WHEREAS, on May 19, 2008, the Southold Town Planning Board granted Sketch Plan Approval upon the map entitled Subdivision Map of Shawn Tully prepared by Howard Young, L.S., dated March 30, 2006 and last revised January 21,2008; and WHEREAS, on February 9, 2009, the Southold Town Planning Board granted an extension of Sketch Plan Approval upon the map entitled Subdivision Map of Shawn Tully prepared by Howard Young, L.S., dated March 30, 2006 and last revised January 21,2008 from May 19, 2008, to May 19, 2009; and WHEREAS, on May 15, 2009, the applicant submitted an application for Preliminary Approval; and WHEREAS, on July 29, 2009, the Southold Town Planning Board reviewed and accepted the preliminary application for review; and WHEREAS, on August 28, 2009, the Southold Town Planning Board referred this application to the Southold Town Trustees for verification of top of bluff line based upon where the applicant had staked the top of bluff on the above-referenced property; and WHEREAS, on September 21,2009, the Southold Town Trustees submitted a memo to the Southold Town Planning Board stating that the top of bluff line was found to be accurate; and WHEREAS, on October 5, 2009, the Southold Town Planning Board submitted a memo to the Southold Town Trustees in response to the Southold Town Trustees memo, dated September 21,2009, requesting a joint Southold Town Planning Board/Trustees site visit to verify the accuracy of the top of bluff line; and WHEREAS, on October 6, 2009, the Suffolk County Department of Health Services issued an approval for the above-referenced proposed subdivision; and WHEREAS, on November 4, 2009, a joint Southold Town Trustees and Planning Board visit was conducted; and WHEREAS, based upon the November 4, 2009 site visit, the Southold Town Planning Board recommended that a 150' non-disturbance buffer be located landward from the staked and accepted top of bluff line to prevent further erosion of the bluff taking place; and WHEREAS, on February 11, 2010, the applicant requested that the Southold Town Planning Board consider requiring only a 100' non-disturbance buffer as previously requested in Sketch Approval as the additional 50' would be more than necessary to Southold Town Planninq Board Page Nine June 14, 2010 prevent erosion of the bluff as the erosion mainly occurs on the easternmost portion of the bluff and not the full length of the bluff; and WHEREAS, on March 9, 2010, the Southold Town Planning Board agreed with the 100' non-disturbance buffer along the length of the entire bluff and further requested that the applicant submit a re-vegetation plan for the 100' non-disturbance buffer; and WHEREAS, on April 16, 2010, the applicant submitted revised Covenants and Restrictions and an Open Space Easement for review by the Southold Town Planning Board; and WHEREAS, on April 20, 2010, the applicant submitted an Erosion Mitigation Plan; and WHEREAS, on May 7, 2010, the Southold Town Planning Board conducted a site visit to the above-referenced property to review the Erosion Mitigation Plan submitted by the applicant; and WHEREAS, on May 10, 2010, the Southold Town Planning Board, based upon the Erosion Mitigation Plan submitted and the site visit conducted on May 7, 2010, accepted the Erosion Mitigation Plan as proposed by the applicant on April 20, 2010 and further requested that the applicant submit a revised Yield Map for the proposed standard subdivision; and WHEREAS, on June 9, 2010, the applicant submitted a revised Yield Map for the proposed standard subdivision as requested by the Southold Town Planning Board; and WHEREAS, on June 14, 2010, the Southold Town Planning Board reviewed and accepted the Yield Map submitted by the applicant; be it therefore RESOLVED, that the Southold Town Planning Board hereby approves the revised Yield Map submitted on June 9, 2010 prepared by Howard Young, L.S., dated June 7, 2010; 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 upon the map entitled "Reduced Density/Cluster Preliminary Plat" for Shawn Tully prepared by Howard Young, L.S. dated August 14, 2009 and last revised on April 6, 2009, subject to the following conditions: Southold Town Planning Board Page Ten June 14, 2010 1. Submission of the application and fee for Final Plat Approval. 2. Submission of a Final Plat with a notation on the map indicating the following: a. Depiction of a 100' non-disturbance/non-fertilization buffer landward from the top-of-bluff line b. Include the following language on the Final Plat: "Vegetation within the 100' non-disturbance~non-fertilization buffer area shall remain in its natural state in perpetuity. Permitted activities within the buffer are limited to the removal of dead, diseased trees that are hazardous to life or property. Notwithstanding the above, the non- disturbance/non-fertilization vegetation buffer area may be supplemented with additional native vegetation subject to review and approval of the Southold Town Planning Board and Southold Town Trustees. The construction or placement of structures is prohibited. The clearing of any kind is prohibited, except to maintain the 'wood ramp' access over Lot 2". c. Show the limits of clearing on each proposed lot pursuant to Southold Town Code §240-49 (A). Clearing. d. Show a turn-around at the terminus of the right-of-way pursuant to Southold Town Code §240-45. Lots; streets; common driveways; flag lot design. A T- turn-around is acceptable. e. Add a table showing the right-of-way acreage included within Lots I and 2. One Draft Performance Bond estimate pursuant to §240-32 including the amount of the undertaking, secured by cash or certified check or other acceptable surety, will be based upon the Town Engineering Office's estimate of the total cost of the required capital improvements, including but not limited to road clearing, trail clearing, landscaping and drainage, plus a reasonable estimate of anticipated increased construction cost during the period of the life of the bond. 4. Submission of the Administration Fee as required by Southold Town Code §240- 37 Administration Fee. 5. Submission of a Park and Playground Fee in the amount of $7,000 payable to the Town of Southold as required by Southold Town Code §240-54(G). 6. Inclusion of the following language into Draft Covenants and Restrictions to be submitted to the Planning Board: "Vegetation within the 100' non-disturbance/non-fertilization buffer area shall remain in its natural state in perpetuity. Permitted activities within the buffer are limited to the removal of dead, diseased trees that are hazardous to life or property. Notwithstanding the above, the non-disturbance/non-fertilization vegetation buffer area may be supplemented with additional native vegetation subject to review and approval of the Southold Town Planning Board and Southold Town Trustees. The construction or placement of structures is Southold Town Planning Board Pa.qe Eleven June 14, 2010 prohibited. The clearing of any kind is prohibited, except to maintain the "wood ramp" access over Lot 2". Donald Wilcenski: Second. Martin Sidor: Motion made and seconded. Any discussion? All in favor? Ayes. Martin Sidor: Motion carries. Sketch Determinations: Highland House FI, LLC - This proposal is to subdivide 4.56 acres into 2 lots where Lot 1 would total 80,390 sq. ft. and Lot 2 would total 118,289 sq. ft. in the R-80 Zoning District. The property is located on the corner of Ocean View and Heathulie Avenues, Fishers Island. SCTM#1000-9-11-7.12 Donald Wilcenski: Mr. Chairman, I will offer the following resolution: WHEREAS, this proposal is to subdivide a 4.56 acre parcel into 2 lots where Lot 1 would total 80,390 sq. ft. and Lot 2 would total 118,289 sq. ft. in the R-80 Zoning District; and WHEREAS, an application for Sketch Approval was submitted on September 11,2009, including the Sketch Plan prepared by CME Associates, Engineering, Land Surveying & Architecture, PLLC, dated August 3, 2009; and WHEREAS, on September 18, 2009, the Southold Town Zoning Board of Appeals requested comments from the Southold Town Planning Board on a variance requested by the applicant for a livable floor area variance and a front yard setback variance; and WHEREAS, on September 28, 2009, the Southold Town Planning Board provided comments to the Town of Southold Zoning Board of Appeals stating that there were no comments to offer; and WHEREAS, on December 22, 2009, the Town of Southold Zoning Board of Appeals granted the variances as requested by the applicant; and WHEREAS, on January 13, 2010, the applicants submitted a letter requested by the Southold Town Planning Board stating that as managing partners of the LLC, there was no intention to change the status quo parking situation located near the carriage house on the property where members of the Hay Harbor Club park as the parking area lies Southold Town Planninq Board Page Twelve June 14, 2010 primarily within the public right-of-way on Heathuile Avenue with a portion of the parking area encroaching onto the Highland House FI, LLC property; and WHEREAS, on January 26, 2010, the Southold Town Planning Board formally accepted the above-referenced application for Sketch Approval; and WHEREAS, on March 17, 2010, referrals were sent to the following agencies and departments: · Town of Southold LWRP Coordinator · Town of Southold Engineer · Suffolk County Planning Commission · Fishers Island Fire District; and WHEREAS, on April 22, 2010, comments were received from the Suffolk County Planning Commission and those comments were incorporated into the Sketch Plan to the satisfaction of the Planning Board; and WHEREAS, on May 10, 2010, the Fishers Island Fire District provided comments stating that there was adequate fire protection/emergency access for the proposed project; and WHEREAS, on June 7, 2010, the Southold Town Planning Board reviewed the referrals submitted to date and the application and recommended that Sketch Approval be granted at the June 14, 2010 Public Meeting of the Southold Town Planning Board; be it therefore RESOLVED, that the Southold Town Planning Board hereby grant Sketch Approval on the map prepared by CME Associates, Engineering, Land Surveying & Architecture, PLLC dated August 3, 2009. William Cremers: Second the motion. Martin Sidor: Motion made and seconded. Any discussion? All in favor? Ayes. Martin Sidor: Motion carries. Southold Town Planninq Board Pa.qe Thirteen June 14, 2010 SPECIAL EXCEPTIONS T-Mobile Northeast, LLC at the CutchoRue Presbyterian Church - This application is for a Special Exception & Site Plan approval for a new wireless communication facility where the antennae are to be mounted within an existing church 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: Mr. Chairman, I will offer the following resolution: 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, the Southold Town Planning Board reviewed the above-referenced request for a Special Exception 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, on October 5, 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; and WHEREAS, the submission by the applicant has been reviewed and corroborated with an independent radio frequency engineer retained by the Town to assist in the review process; and WHEREAS, on January 11,2010, a public hearing was held and closed; and WHEREAS, on April 13, 2010, 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, made a determination of non-significance and granted a Negative Declaration; and WHEREAS, on May 27, 2010, 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 Southold Town Planning Board Page Fourteen June 14, 2010 WHEREAS, on June 8, 2010, the Southold Town Building inspector reviewed the plan and certified that the proposed action is a permitted use in this Residential 40 Zoning District; and WHEREAS, on June 8, 2010, the General Requirements in 280-70 were met; and WHEREAS, on June 8, 2010, the Southold Town Planning Board made a determination that the applicant has satisfied the requirements for a Special Exception pursuant to Town Code Section 280-142 based on the following: 3, That the use will not prevent the orderly and reasonable use of adjacent · properties or of properties in adjacent use districts. That the use will not prevent the orderly and reasonable use of permitted or legally established uses in the district wherein the proposed use is to be located or of permitted or legally established uses in adjacent use districts. That the safety, the health, the welfare, the comfort, the convenience or the order of the Town will not be adversely affected by the proposed use and its location. That the use will be in harmony with and promote the general purposes and intent of this chapter. That the use will be compatible with its surroundings and with the character of the neighborhood and of the community in general, particularly with regard to visibility, scale and overall appearance. That all proposed structures, equipment and material shall be readily accessible for fire and police protection. WHEREAS, on June 8, 2010, the Southold Town Planning Board reviewed the application to determine whether it met the additional standards for a Special Exception Approval for a Wireless Communication Facility pursuant to §280-73B as follows: 1. Construction of the proposed facility or modification of the existing facility is a public necessity, in that it is required to meet current or expected demands of the telecommunications provider and to render adequate service to the public. 2. The applicant has made substantial effort to co-locate with existing wireless facilities, or, failing that, has made substantial effort to locate on municipally- owned land or structures, or within or on existing buildings or structures. 3. There are compelling reasons which make it more feasible to construct the proposed facilities rather than alternatives; be it therefore RESOLVED, that the Planning Board hereby finds and determines that the standards for Special Exception Approval have been met; Kenneth Edwards: Second the motion. Martin Sidor: Motion made and seconded. Any discussion? All in favor?. Southold Town Plannin.q Board Page Fifteen June 14, 2010 Ayes. Martin Sidor: Motion carries. William Cremers: and be it further RESOLVED, that the Southold Town Planning Board has determined that the action is consistent under the policies of the Town of Southold Local Water[ront Revitalization Program as outlined in the memo prepared by the LWRP Coordinator; Donald Wilcenski: Second. Martin Sidor: Motion made and seconded. Any discussion? All in favor?. Ayes. Martin Sidor: Motion carries. William Cremers: and be it further RESOLVED that, after deliberation of the application and consideration of the above factors, the Southold Town Planning Board hereby grant the Special Exception for a Wireless Communication Facility with Conditions as shown in the site plan application for"T-Mobile Northeast LLC" prepared by Neil Alexander Mac Donald, R.A. dated October 8, 2008 and last revised June 9, 2010. Joseph Townsend: Second. Martin Sidor: Motion made and seconded. Any discussion? All in favor?. Ayes. Martin Sidor: Motion carries. SITE PLANS Final Determinations: Kenneth Edwards: 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 T-Mobile Northeast, LLC at the Cutcho.que Presbyterian Church - SCTM#1000-109- 2-17.1. Southold Town Plannin.q Board Page Sixteen June 14, 2010 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, 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; and WHEREAS, the submission by the applicant has been reviewed and corroborated with an independent technical consultant retained by the Town to assist in the review process; and WHEREAS, on October 7, 2009, the Southold Town Planning Board distributed the application to agencies having jurisdiction for their comments, and the following agencies responded: Town Engineer, Architectural Review Committee, NYS Department of Transportation, & the Cutchogue Fire Commissioners; and WHEREAS, the comments from those agencies referenced above and by the independent radio frequency engineer retained by the Town were received and accepted by the Planning Board, discussed with the applicant, and incorporated into the site plan to the satisfaction of the Planning Board; and WHEREAS, on October 7, 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 November 23, 2009, 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 January 11,2010, a public hearing was held and closed; and WHEREAS, on April 13, 2010, 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, made a determination of non-significance and granted a Negative Declaration; and WHEREAS, on May 27, 2010, 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 Southold Town Planninq Board Pa,qe Seventeen June 14, 2010 WHEREAS, on June 8, 2010, the Southold Town Building Inspector reviewed the plan and certified that the proposed action is a permitted use in this Residential 40 Zoning District; and WHEREAS, on June 8, 2010, the General Requirements in 280-70 were met; 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; Joseph Townsend: Second. Martin Sidor: Motion made and seconded. Any discussion? All in favor?. Ayes. Martin Sidor: Motion carries. Kenneth Edwards: and be it further RESOLVED, that the Southold Town Planning Board grant Approval and authorizes the Chairman to endorse the site plan entitled "T- Mobile Northeast, LLC" prepared by Neil Alexander MacDonald, R.A. dated October 8, 2008 and last revised June 9, 2010, and including the following eight plans: 1. T-1 Title Sheet 2. SP-01 Vicinity Plan 3. SP-02 Site Plan 4. SP-03 Equipment Plan 5. SP-04 NW & SE Elevations 6. SP-05 NE & SW Elevations ?. SP-06 Site Details 8. SP-07 Acoustic System Plan Donald Wilcenski: Second. Martin Sidor: Motion made and seconded. Any discussion? All in favor?. Ayes. Martin Sidor: Motion carries. Southold Town Planninq Board Pa,qe Eighteen June 14, 2010 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 Donald Wilcenski: I will offer the following resolution: WHEREAS, 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; and WHEREAS, an application for a site plan was submitted on August 11,2006, including the site plan prepared by William Barrow Bialosky, R.A., dated December 15, 2005; and WHEREAS, on August 21,2006, the Southold Town Planning Board accepted the application for review; and WHEREAS, on August 22, 2006, 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; Land Preservation Committee, NCRS, Mattituck Fire Commissioners; and WHEREAS, the comments from those agencies referenced above were received and accepted by the Planning Board, discussed with the applicant, and incorporated into the site plan to the satisfaction of the Planning Board; and WHEREAS, on August 22, 2006, the Planning Board referred the application to the Suffolk County Planning Commission; and WHEREAS, on September 12, 2006, the Southold Town Planning Board, acting under the State Environmental Quality Review Act, determined that the proposed action was a Type II Action and not subject to review; and WHEREAS, on September 18, 2006, the Suffolk County Planning Commission commented that the proposed action was a matter of local jurisdiction; and Southold Town Planning Board Pa.qe Nineteen June 14, 2010 WHEREAS, on January 12, 2010, the Southold Town Planning Board referred the application to the Southold Town Land Preservation Committee for review and comments on whether parking would be allowed on the easement area in connection with special events; and WHEREAS, on March 10, 2010, the Southold Town Land Preservation Committee responded that the recorded easement does not permit special events such as weddings, parties and catered affairs with tents and/or associated parking on the easement area; and WHEREAS, the Southold Town Planning Board determined that due to the small size of the site, and the inability of the applicant to use the surrounding preserved land for overflow parking for events, that overflow parking was not feasible on this site plan as it has been on other winery site plans. Instead, the applicant was instructed to add a note to the site plan as follows: "The Planning Board grants this site plan for a retail wine tasting facility only. Buses are prohibited from entering the site" to indicate that the Planning Board did not review or provide for any parking at this site other than that required by the Parking Schedule in the Town Code for retail businesses; and WHEREAS, on April 12, 2010, a public hearing was held and then 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 as outlined in the memo prepared by the LWRP Coordinator; William Cremers: Second the motion. Joseph Townsend: Motion made and seconded. Any discussion? All in favor?. Ayes. (Martin Sidor recused from vote) Joseph Townsend: Opposed? So moved. Donald Wilcenski: and be it further RESOLVED, that the Southold Town Planning Board grant approval to the site plan entitled "Proposed Site Plan Parcel #2" prepared by William Barrow Bialosky, R.A., dated December 15, 2005 and last revised on May 11,2010, and authorize the Chairman to endorse the site plan. William Cremers: Second the motion. Joseph Townsend: Motion made and seconded. Any discussion? All in favor? Ayes. (Martin Sidor recused from vote) Southold Town Planning Board Page Twenty June 14, 2010 Joseph Townsend: Opposed? So moved. 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 corner of Main Road and Depot Lane, Cutchogue. SCTM#1000-102-5-26 William Cremers: Mr. Chairman, I will offer the following resolution: WHEREAS, the application is for the conversion of an existing automotive repair shop and gasoline service station to a convenience store and gasoline service station on an 18,473 sq. ft. lot in the Hamlet Business Zoning District; and WHEREAS, an application for a site plan was submitted on October 31, 2009, including the site plan prepared by William Joseph Lahti, P.E., dated October 20, 2010; and WHEREAS, on February 3, 2009, the Southold Town Planning Board accepted the application for review; and WHEREAS, on February 12, 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, Southold Town Transportation Commission and Cutchogue Fire Commissioners, and NYS DOT; and WHEREAS, the comments from those agencies referenced above were received and accepted by the Planning Board, discussed with the applicant, and incorporated into the site plan to the satisfaction of the Planning Board; and WHEREAS, on February 12, 2009, the Planning Board referred the application to the Suffolk County Planning Commission; and WHEREAS, on April 6, 2009, the Suffolk County Planning Commission responded that the proposed action was disapproved for the following reasons: "The proposal is an unwarranted over intensification of use of the premises. The proposal would tend to diminish the safety and carrying capacity of NYS Route 25. The site plan design of the proposed multi use is a poor configuration"; and WHEREAS, on December 9, 2009, the applicant submitted a Traffic Impact Assessment in connection with the site plan that concluded that the addition of another fuel pump island and the conversion of the automotive service use to a convenience store will not adversely affect the site or roadway operations; and Southold Town Planning Board Pa.qe Twenty-One June 14, 2010 WHEREAS, on January 23, 2010, the Planning Board distributed the traffic analysis to the Transportation Commission and they maintained their original position whereas their comments have been reviewed and accepted by the Planning Board, discussed with the applicant, and incorporated into the site plan to the satisfaction of the Planning Board; and WHEREAS, on March 3, 2010, a public hearing was held and closed; and WHEREAS, on April 26, 2010 the Southold Town Planning Board, found that the mitigation proposed by the applicant was sufficient, and agreed to over-ride the Suffolk County Planning Commission action based on the following: 1. The SCPC did not have the traffic study that concluded that the new fuel pump island and the conversion of the service station to a convenience store would not adversely affect the site or roadway operations. 2. The NYSDOT has reviewed the site plan and comments have been incorporated into the site plan that includes access management techniques to the site design. 3. The site plan has been reviewed by the both the Town Engineer and Transportation Committee whereas site design, traffic and safety have been commented on and incorporated into the overall site design. 4. Although the site design is not ideal, the location of the building and the fuel pump island exists. 5. The addition of a second fuel pump island has been reviewed for turning radius and queuing of cars and deemed adequate. 6. The applicant is proposing external hose retractors for the fuel pumps and will have the ability to fuel vehicles on either side of the pump if necessary. 7. Directional arrows have been added to the site plan to aid in safe site circulation; and WHEREAS, on June 8, 2010, the Southold Town Building Inspector reviewed the plan and certified that the diesel pump and the conversion of the automotive service use to a convenience store is a permitted use in this Business Zoning District; be it therefore RESOLVED, that the Southold Town Planning Board has reviewed the proposed action under the policies of the Town of Southold Local Waterfront Revitalization Program and determined that the action is consistent as outlined in the memo, dated March 23, 2009, prepared by the LWRP Coordinator; Donald Wilcenski: Second. Martin Sidor: Any discussion? All in favor?. Ayes. Martin Sidor: Motion carries. William Cremers: and be it further RESOLVED, that the Southold Town Planning Board hereby overrides the Suffolk County Planning disapproval; Southold Town Planning Board Pa.qe Twenty-Two June 14, 2010 Joseph Townsend: Second. Martin Sidor: Any discussion? All in favor? Ayes. Martin Sidor: Motion carries unanimously. William Cremers: and be it further RESOLVED, that the Southold Town Planning Board grant Approval with Conditions to the site plan entitled "Valero Service Station" prepared by William Joseph Lahti, P.E., dated October 20, 2010 and last revised on May 11,2010, and authorizes the Chairman to endorse the site plan packet that includes the following drawings: · SP-01 Prop Alignment Plan · SP-02 Site Demo Plan · SP-03 Site Grade Plan · SP-04 Landscape Plan · SP-05 Lighting and Sign Plan · SP-06 Site Details · A-01 Store Floor Plan · A-02 Exterior Elevations · Figure B Truck & Pass Car turning Paths Dunn Engineering dated 3/08/10 Kenneth Edwards: Second the motion. Martin Sidor: Any discussion? All in favor?. Ayes. Martin Sidor: Motion carries. William Cremers: Mr. Chairman I should also note that there are three conditions. Connecticut Municipal Electric Energy Cooperative - This site plan application is for the addition of 993 sq. ft. to the existing 7,144 sq. fl. diesel-electric generator facility on a 47,441 sq. ft. parcel located in the Business District. The property is located at 1866 Central Avenue, approximately 300' s/o Madeline Avenue, Fishers Island. SCTM#1000-6-8-7 & 3.2 Southold Town Planninq Board Pa.qe Twenty-Three June 14, 2010 Kenneth Edwards: Mr. Chairman, I will offer the following resolution: WHEREAS, 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. parcel located in the Business District; and WHEREAS, on January 11, 2010, the New York State Department of Environmental Conservation, as lead agency, pursuant to State Environmental Quality Review (SEQR) (6 NYCRR, Part 617.5 (c) (3), made a determination of non-significance for this Unlisted Action and granted a Negative Declaration; and WHEREAS, on January 19, 2010, an application for a permit to construct a toxic/hazardous materials storage facility was submitted to the Suffolk County Department of Health Services; and WHEREAS, an application for a site plan was submitted on March 8, 2010, including a site plan prepared by Richard H. Strouse, L.S., dated June 9, 2009; and WHEREAS, on March 15, 2010, during a Planning Board Work Session, the application was formally accepted for review; and WHEREAS, on March 16, 2010, the Southold Town Planning Board distributed the application to agencies having jurisdiction for their comments, and the following agencies responded: Town Engineer, Architectural Review Committee, and the Southold Town Board of Trustees; and WHEREAS, the comments from those agencies referenced above were received and accepted by the Planning Board, discussed with the applicant, and incorporated into the site plan to the satisfaction of the Planning Board; and WHEREAS, on March 16, 2010, 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 March 26, 2010, 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 March 30, 2010, 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 12, 2010, a public hearing was held and closed; and WHEREAS, on May 4, 2010, the applicant submitted a Storm Water Run-off Analysis in connection with the site plan and it was forwarded to the Town Engineer for comment; and Southold Town Planninq Board Pa.qe Twenty-Four June 14, 2010 WHEREAS, on May 7, 2010, the Town Engineer concluded that the drainage calculations and subsequent drainage design meets or exceeds the requirements of the Town Code Chapter 236 Storm Water Management; and WHEREAS, on May 12, 2010, comments were sent by the Planning Board to the Zoning Board of Appeals in support of the special exception use; and WHEREAS, on June 10, 2010, the Southold Town Zoning Board of Appeals granted a Special Exception for the proposed use; and WHEREAS, on June 11,2010, the Southold Town Building Inspector reviewed the plan and certified that the proposed use is a permitted use in this Business Zoning District; 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 in a memo prepared by the LWRP Coordinator; Donald Wilcenski: Second. Martin Sidor: Motion made and seconded. Any discussion? All in favor?. Ayes. Martin Sidor: Motion carries. Kenneth Edwards: and be it further RESOLVED, that the Southold Town Planning Board grant Approval with a Condition, and authorize the Chairman to endorse the site plan entitled "The Fishers Island Electric Corporation" prepared by Richard H. Strouse, L.S., dated June 9, 2009, with the following condition: A Landscape Plan will need to be coordinated with the Planning Board designee and submitted to the Planning Board prior to a Certificate of Occupancy being issued for the approved site plan application. Joseph Townsend: Second. Martin Sidor: Motion made and seconded. Any discussion? All in favor?. Ayes. Martin Sidor: Motion carries. Southold Town Plannin,q Board Pa,qe Twenty-Five June 14, 2010 Set Hearings: c JCl Corporation - This site plan is for the proposed construction of a new 80' x 112' building with the first floor containing approximately 3,354 sq. ft. of retail space (1,677 sq. ft.) & contractor's business office (1,677 sq. ft.), 4,960 sq. ff. of storage warehouse, a second floor apartment - 1,188 sq. ft. with an area of unfinished attic (total: 8,502 sq. ft.) on a 1.036-acre parcel in the B Zone located at 74495 NYS Route 25, approximately 734' w/o Moores Lane, on the n/s/o NYS Route 25 in Greenport. SCTM#1000-45-4-4.1 Joseph Townsend: RESOLVED, that the Southold Town Planning Board, acting under the State Environmental Quality Review Act pursuant to 6 NYCRR Part 617, Section 617.7, establish itself as Lead Agency for the Unlisted Action; 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 set Monday, July 12, 2010 at 6:00 p.m. for a public hearing at the Southold Town Hall regarding the site plan prepared by Nathan Taft Corwin, III, L.S. dated March 4, 1999 and last revised February 22, 2010. Donald Wilcenski: Second. Martin Sidor: Motion made and seconded. Any discussion? All in favor?. Ayes. Martin Sidor: Motion carries. APPROVAL OF PLANNING BOARD MINUTES Martin Sidor: We need a motion to approve the Planning Board minutes of the May 3, 2010 Special Meeting and May 10, 2010 Regular Meeting. Donald Wilcenski: So moved. William Cremers: Second. Southold Town Planninq Board Page Twenty-Six June 14, 2010 Martin Sidor: Motion made and seconded. Any discussion? All in favor? Ayes. Martin Sidor: Motion carries. Does anyone on the Board wish to put anything in the minutes on the record? Hearing none, we need a motion for adjournment. Kenneth Edwards: So moved. Donald Wilcenski: 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 6:20 p.m. Respectfully submitted, ~in~a Randolph, ~renscribing Secretary RECEIVED JUL 1 4 2010 ~.