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HomeMy WebLinkAboutNickart Realty (4)Page 1 of 2 Norklun, Stacey From: Neville, Elizabeth Sent: Wednesday, August 11, 2010 9:14 PM To: Norklun, Stacey Subject: FVV: Stacey, Please double -check that this e-mail is part of that LF TC Certificate of Subdivsion file. Thanks. Elizabeth A. Neville, RMC, CMC, MMC Southold Town Clerk PO Box 1179 Southold, NY 11971 Tel 631 765-1800 Fax 631 765-6145 From: Andaloro, Jennifer Sent: Tuesday, July 13, 2010 10:01 AM To: Neville, Elizabeth Cc: Finnegan, Martin; Lanza, Heather; Sadoo, Tamara; Krauza, Lynne Subject: RE: Betty, The Planning Board has taken the position that the Nickart Realty final subdivision application was not complete until June 15, 2010. Attached please find a letter to the applicant setting forth the Planning Board's position, as well as the conditional final approval granted by the Planning Board by resolution last evening. Please note that the final resolution has not been executed by the Planning Board Chair. Given the Planning Board's record of this application, it is inappropriate for the Clerk to issue a "default approval" as requested by the applicant. It is recommended that the Clerk's Office send out a letter responding to the applicant's representative with the following text: "On July 12, 2010, this office received a demand for the issuance of a certificate of final subdivision approval for the Standard Subdivision of Nickart Realty application pursuant to Town Law §276(8). Please be advised that the Town Planning Board records indicate that this application was deemed complete on June 15, 2010. As such, a certificate of approval pursuant to Town Law §276(8) is inappropriate and your request is denied." If you have any questions, let me know. Jennifer Andaloro Assistant Town Attorney Town of Southold 54375 Route 25 (Main Road) P.O. Box 1179 Southold, NY 11971-0959 Office: (631) 765-1939 Fax: (631) 765-6639 From: Neville, Elizabeth 8/12/2010 Page 2 of 2 Sent: Monday, July 12, 2010 5:23 PM To: Lanza, Heather; Finnegan, Martin Cc: Al Krupski; Andaloro, Jennifer; Christopher Talbot; Evans, Louisa; Krauza, Lynne; Orlando, Vincent; Phillip Beltz; Russell, Scott; William Ruland; Woodhull, Ruthanne Subject: Please confirm the information in this request and advise of your recommendation. Thank you. Elizabeth A. Neville, RMC, CMC, MMC Southold Town Clerk PO Box 1179 Southold, NY 11971 Tel 631 765-1800 Fax 631 765-6145 8/12/2010 PLANNING 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 Southolcl, NY 11971 OFFICE LOCATION: Town Hall Annex 543-75 State Route 25 (cor. Main Rd. & Youngs Ave.) Southald, NY Telephone: 631 765-1938 Fax: 631 765-3136 July 8, 2010 Patricia Moore, Esq. 51020 Main Road Southold, New York 11971 Re: Proposed Standard' Subdivision of Nickart Realty Located on the south side of CR 48, approximately 900 feet west of Bayberry Lane, in Southold SCTM#1000-52-2-13 ZOning District: R-40 Dear Ms. Moore: This letter is to confirm receipt of your letter regarding the above-referenced property, dated June 18, 2010, by the Southold Town Planning Board. This letter also serves as additional confirmation of receipt of the materials outlined in your letter referenced above. They are as follows: 1. Submission of the apPlication and fee for Final Plat Approval - dated August 11, 2008. 2. Submission of revised Draft COvenants and Restrictions - dated June 18, 2010. 3. Submission of revised Final Plats and Myiars for the above.referenced property - dated June 15, 2010. Further, the Southold Town Planning Board will accept the previously submitted Plot Plan (submitted November 19, 2009) entitled i'Map Of Part Of Old Cove Boulevard As Widened And Improvement Plan" at a scale of 1:20, prepared by John Metzger, L.S., dated October 22, 2009 and last revised on November 16, 2009. The Final Plat for this application, submitted on June 15, 2010, identifies limits of clearing for each of the proposed lots accurately at 60% as required by Southold Town Code §240-49. Therefore, please be advised that, as of June 15, 2010, the application has been deemed substantially complete with the submission, of five (5) paper copies and four (4) mylar copies of the revised final subdivision plat. As such this application wilt be scheduled on the next available Southold Town Planning Board Agenda~ If you have any further questions, please do not hesitate to contact this office. Thank you. Tamara SadOo Planner PLANNING 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 Hail Annex 54375 State Route 25 (cot. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 July 13, 2010 Patricia Moore, Esq. 51020 Main Road Southold, New York 11971 Re: Conditional Final Approval: Proposed Standard Subdivision of Nickart Realty Located on the south side of CR 48, approximately 900 feet west of Bayberry Lane, in Southold SCTM#1000-52-2-13 Zoning District: R-40 Dear Ms. Moore: The Southold Town Planning Board, at a meeting held on Monday, July 12, 2010, adopted the following resolutions: WHEREAS, this proposal is for a standard subdivision to subdivide a 0.8011-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: 1. "There shall be no direct access, curb cuts or driveways from or to County Road 48 from the parcels"; and WHEREAS, on March 1, 2005, the Town Board of the Town of Southold adopted a Local Law amending the Town Code to include Chapter 117, entitled "Development Rights, Transfer Of'; and WHEREAS, Chapter 117 expressly prohibits the Transfer of Development Rights (which include Suffolk County Department of Health Sanitary Credits) unless said transfer is made pursuant to Chapter 117 and in full compliance with its terms and conditions; and Nickart Realty Page Two July 13, 2010 WHEREAS, pursuant to §240-4(A) of the Town Code, any subdivision is required to "demonstrate conformance with the various parts of the Comprehensive Plan, adopted addendum, plans and studies, Town Code (emphasis added) and the official map;" 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 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, the Suffolk County Department of Health Services approval of the proposed standard subdivision was based upon the Transfer of a Development Right (Sanitary Flow Credit) from a parcel located in Mattituck to the subject parcel, as approved by the Suffolk County Department of Health Services Board of Review in its findings, dated October 30, 2006; and Nickart Realty Pa,qe Three July 13, 2010 WHEREAS, it appears upon information and belief that in approving the proposed standard subdivision based upon the Transfer of a Development Right (Sanitary Flow Credit), the Suffolk County Department of Health Services did not consider the enactment of Chapter 117 of the Town Code; and WHEREAS, the Transfer of a Development Right (Sanitary Flow Credit) as approved by the Board of Review and the Suffolk County Department of Health Services is not in accordance with Chapter 117 of the Town Code; and WHEREAS, the Suffolk County Department of Health Services standards for the Transfer of Development Rights requires that the project must comply with, among other things, the requirements of the Town; 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 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 stormwater 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 March 30, 2009 site visit; and Nickart Realty Page Four July 13, 2010 WHEREAS, on June 23, 2009 and September 22, 2009, a letter was sent to the applicant by the Southold Town Planning Board requesting revisions to the subdivision map on a scale of 1:100 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 the north, east and southerly property lines 8) minimum of 4 street trees on each lot along CR 48; and WHEREAS, on June 23, 2009 and September 22, 2009, in the same letter sent to the applicant requesting that, in addition to the items to be submitted on the subdivision map as outlined in the previous "WHEREAS", the applicant shall also submit on a separate plot plan, at a scale of 1:20, the same items as listed above; and WHEREAS, this request for a separate plot plan at a scale of 1:20 to be attached to the subdivision map which shall be at a scale of 1:100 was made by the Southold Town Planning Board so that all revisions and requirements for this particular proposed subdivision can be seen clearly by the Southold Town Planning Board for effective review as the property totals only 0.8011 acres and two small lots, each totaling 17,438 sq. ff., are being proposed for this property; and WHEREAS, on November 19, 2009, the applicant submitted subdivision plans and drainage plans on separate plot plans entitled "Map Of Part Of Old Cove Boulevard As Widened And Improvement Plan" at a scale of 1:20, prepared by John Metzger, L.S., dated October 22, 2009 and last revised on November 16, 2009, reflecting the previously requested Southold Town Planning Board 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 Nickart Realty Page Five July 13, 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; and WHEREAS, on April 12, 2010, the Southold Town Planning Board granted Conditional Preliminary Approval on the subdivision plan prepared by John T. Metzger, dated October 22, 2009 and last revised November 16, 2009; and WHEREAS, on June 7, 2010, a letter was sent to the applicant by the Southold Town Planning Department requesting certain changes to the Final Plat and the required Covenants and Restrictions; and WHEREAS, on June 15, 2010, the applicant's application for Final Plat Approval was deemed substantially complete with the submission of 5 paper copies and 4 mylar copies of the revised Final Subdivision Plat; and WHEREAS, it has now been discovered that the applicant's use of the Transfer of Development Right in the form of a Sanitary Credit was not in compliance with Chapter 117 of the Town Code; 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 from the LWRP Coordinator; and be it further RESOLVED, that the Southold Town Planning Board hereby conditionally approves the Plot Plan entitled "Map Of Part Of Old Cove Boulevard As Widened And Improvement Plan" at a scale of 1:20, prepared by John Metzger, L.S., dated'October 22, 2009 and last revised on November 16, 2009, and to be filed with the Suffolk County Clerk with the Final Plat; 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 prepared by John T. Metzger, dated October 22, 2009 and last revised November 16, 2009, and therefore, no Final Public Hearing is required; and be it further RESOLVED, that the Southold Town Planning Board hereby grants Conditional Final Plat Approval upon the map prepared by John T. Metzger, L.S., dated February 10, 1998 and last revised on July 31, 2008, entitled "Final Plat for the Subdivision for Nickart Realty Corp." subject to the following condition: 1. Proof of compliance with Chapter 117 of the Town Code for the Transfer of Development Rights (Sanitary Flow Credit) or, in the alternative, approval of the Suffolk County Department of Health Services that is not dependent on a Transfer of a Sanitary Flow C~-edit. Nickart Realty PaRe Six July 13, 2010 If you have any questions regarding the information contained in this resolution, please contact the Planning Board Office. Very truly yours, Martin H. Sidor Chairman Please note the following: Conditional Approval of Final Plat. Conditional Approval does not qualify the Final Plat for recording or authorize issuance of Building Permits prior to the recording of the plat in the County Clerk's Office. The applicant shall have 180 days from the adoption of a resolution of Conditional Approval to meet the conditions. The Planning Board may extend this time for no more than two additional periods of 90 days each. The conditionally approved Final Plat shall not be filed until all conditions have been met, the Planning Board grants Final Plat Approval by resolution at a public meeting, and the Planning Board Chair has endorsed the Final Plat.