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.