HomeMy WebLinkAboutPB-11/15/2010PLANNING 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, NY11971
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, November 15, 2010
6:00 p.m.
Martin H. Sidor, Chairperson
William J. Cremers, Member
Kenneth L. Edwards, Member
Joseph L. Townsend, Member
Donald J. Wilcenski, Member
Heather Lanza, Planning Director
Mark Terry, Principal Planner
Kristy Winser, Planner
Tamara Sadoo, Planner
Carol Kalin, Secretary
SETTING OF THE NEXT PLANNING BOARD MEETING
Martin Sidor: Good evening, and welcome to the Southold Town Planning Board
regularly-scheduled monthly Public Meeting. Our first order of business is to set
Monday, December 13, 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.
Donald Wilcenski: So moved.
Kenneth Edwards: Second.
Martin Sidor: Motion made and seconded. Any discussion? All in favor?.
Ayes.
Martin Sidor: Motion carries.
Southold Town Plannin.q Board Pa.qe Two November 15, 2010
PUBLIC HEARINGS
6:00 p.m. - Sawicki, Edward - This is a 3-lot proposed 80/60 conservation subdivision
as the first step of an Open Development Area (ODA) on a total of 13.0464 acres in the
A-C Zoning District. Proposed Lot 1 will total 21,288 sq. ft. (.4887 acres). Proposed Lot
2 will total 62,401 sq. ft. (1.4325 acres) and Proposed Lot 3 will have a Reserved Area
which will total 27,635 sq. ft. (.6344 acres) and a Preserved Area with the Development
Rights sold which will total 456,977 sq. ft. (10.4908 acres) where 76,311 sq. ft. are
clustered subdivision open space in the A-C Zoning District. The property is located at
2700 NYS Route 25, Laurel. SCTM#1000-125-3-4.1
Martin Sidor: Anyone who wishes to address the Planning Board regarding this
application, please step forward to either microphone, state your name and address
and write your name and address on the paper provided for the record.
Abi.qail Wickham, Main Road, Mattituck: Good evening. I am appearing in Support of
this application by the Sawicki family, which you have spent some time reviewing and
that is really all I have to say tonight unless you have some questions that you would
like to explore or someone else might.
Martin Sidor: Thank you. Is there anyone else in the audience who wishes to address
the Planning Board regarding this application? Hearing none, is there anyone from the
Board who wishes to have a statement read for the record? Hearing none ....
William Cremers: I make a motion to close the hearing.
Joseph Townsend: Second.
Martin Sidor: Motion made and seconded. Any discussion? All in favor?
Ayes.
Martin Sidor: Motion carries.
Kenneth Edwards: Mr. Chairman, I would like to offer the following resolution:
WHEREAS, this is a 3-lot proposed 80/60 conservation subdivision as the first step of
an Open Development Area (ODA) on a total of 13.0464 acres in the A-C Zoning
District. Proposed Lot 1 will total 21,288 sq. ft. (.4887 acres). Proposed Lot 2 will total
62,401 sq. ft. (1.4325 acres) and Proposed Lot 3 will have an Agricultural Reserved
Area which will total 27,635 sq. ft. (.6344 acres) and a Preserved Area with the
Development Rights sold which will total 456,977 sq. ft. (10.4908 acres) where 76,311
sq. ft. is subdivision open space in the A-C Zoning District; and
Southold Town Plannin.q Board Pa.qe Three November 15, 2010
WHEREAS, an application for Sketch Approval was submitted on August 1, 2010,
including the sketch plan prepared by John Metzger, L.S., dated September 24, 2009
and last revised on November 7, 2010; and
WHEREAS, on October 4, 2010, the Southold Town Planning Board, reviewed and
accepted the application for formal review; and
WHEREAS, this proposed conservation subdivision has 48,678 square feet of clustered
subdivision open space located within Lot 3 which shall remain unbuildable 3ursuant to
Southold Town Code §240-42; and
WHEREAS, on October 12, 2010, referrals were sent to the following agencies for
comment on the above-referenced project:
· Town of Southold Engineer
· Mattituck Fire District
Town of Southold LWRP Coordinator
Suffolk County Planning Commission; and
WHEREAS, on October 29, 2010, the Mattituck Fire District submitted comments on
the above-referenced application; and
WHEREAS, Suffolk County Planning Commission deemed the application a matter of
local determination; and
WHEREAS, on November 1,2010, the Southold Town LWRP Coordinator submitted
comments on the above-referenced application; and
WHEREAS, on November 10, 2010, the Southold Town Engineer submitted comments
on the above-referenced application; and
WHEREAS, those comments have been considered and accepted by the Southold
Town Planning Board and have been incorporated into the sketch plan for the above-
referenced application; and
WHEREAS, on November 10, 2010, the applicant submitted revised sketch plans; and
WHEREAS, the submitted application and revised maps meet all of the requirements
for Sketch Approval; and
WHEREAS, on November 15, 2010, the Southold Town Planning Board, acting under
the State Environmental Quality Review Act pursuant to 6 NYCRR Part 617, Section
617.7, initiated the SEQRA lead agency process for this Unlisted Action; and
Southold Town Planninq Board Page Four November 15, 2010
WHEREAS, on November 15, 2010, a public hearing for the above-referenced
application was held and closed; be it therefore
RESOLVED, that the Southold Town Planning Board acting under the State
Environmental Quality Review Act, performed an uncoordinated review of this Unlisted
Action and as lead agency, makes a determination of non-significance and grants a
Negative Declaration;
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 determines this action to be consistent under the policies of the Town of
Southold Local Waterfront Revitalization Program;
William Cremers: Second the motion.
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 Sketch Approval on the sketch plat prepared by John Metzger,
L.S., dated September 24, 2009 and last revised on November 7, 2010.
William Cremers: Second.
Martin Sidor: Motion made and seconded. Any discussion? All in favor?
Ayes.
Martin Sidor: Motion carries.
Southold Town Planning Board Page Five November 15, 2010
6:02 p.m. - Demchak, Michael & Maria - This is a proposed 5-lot 75~75 conservation
subdivision on 33.9890 acres in the A-C Zoning District as the first step in creating an
Open Development Area (ODA). Lot 1 will total 66,728 sq.ff. (1.531 acres), Lot 2 will
total 77,348 sq.ft.(1.77 acres), Lot 3 will total 60,213 sq.ft.(1.38 acres), Lot 4 will total
111,450 sq.ft. (2.55 acres) where 44,765 sq.ft.(1.02 acres) are clustered subdivision &
Lot 5 will total 1,161,821 sq.ft.(26.67 acres) where the Development Rights will be sold
to the Town of Southold. The property is located on Oregon Road in Cutchogue.
SCTM#1000-84-1-11 & 12.1
Martin Sidor: Anyone wishing to address the Planning Board regarding this application,
please step forward and state your name and address.
Pete Danowski: I have met with this Board on several occasions. I think I should go to
the other microphone and follow up the luck that Gall just had. But I would hike to take
time to say I appreciate the efforts of the Town of Southold in preserving farmland.
This is the second time the Demchak family has taken the opportunity to cooperate with
the Town and it's nice to see some cooperation take place between municipalities and
owners of land in an attempt to save farmland. As you know, you've met several times
with myself, my client and my design professional, and I'd like to applaud the Planning
Staff and Melissa Spiro as well. So, if you have gotten through the process and are
anticipating the closing this December. As you know, we had a yield of 18 lots here
which could have been developed in the process before the Planning Board. That's
now been reduced where we are only seeking three additional residential lots in
addition to one residential home. The layout has been strongly suggested from the
beginning of time with Melissa, so we captured the most open visible farmland
preservation purposes, keeping out a wooded area and keeping out an area
surrounding an existing (inaudible) public highway. With that said, I will just seek
approval from this Board tonight. Thank you.
Martin Sidor: Thank you. Anyone else in the audience who wishes to address the
Planning Board on this application, please step forward. Hearing none, does anyone
from the Planning Board have anything for the record on this application? Hearing
none...
Donald Wilcenski: I make a motion to close the hearing.
Joseph Townsend: Second.
Martin Sidor: Motion made and seconded. Any discussion? All in favor?
Ayes.
Martin Sidor: Motion carries.
Southold Town Planning Board Pa.qe Six November 15, 2010
Joseph Townsend: I'd like to offer the following resolution:
WHEREAS, this is a proposed 5-lot 75/75 conservation subdivision on 33.9890 acres in
the A-C Zoning District as the first step in creating an Open Development Area (ODA).
Lot I totals 66,728 square feet, Lot 2 totals 77,348 square feet, Lot 3 totals 60,213
square feet, and Lot 4 totals 111,450 square feet where 44,768 square feet of Lot 4 are
clustered subdivision open space. Lot 5 which totals 1,161,821 square feet will have the
Development Rights sold to the Town of Southold in December 2010; and
WHEREAS, an application for sketch approval was submitted on September 29, 2010,
including the sketch plan prepared by Howard W. Young, L.S., dated July 20, 2010 and
last revised on November 2, 2010; and
WHEREAS, on October 4, 2010, the Southold Town Planning Board, reviewed and
accepted the application for formal review; and
WHEREAS, this proposed conservation subdivision has 44,768 square feet of clustered
subdivision open space located within Lot 4 which shall remain unbuildable 3ursuant to
Southold Town Code §240-42; and
WHEREAS, on October 5, 2010, referrals were sent to the following agencies for
comment on the above-referenced project:
· Town of Southold Engineer
· Cutchogue Fire District
· Town of Southold LWRP Coordinator
· Suffolk County Planning Commission; and
WHEREAS on October 20, 2010, the Cutchogue Fire District submitted comments on
the above-referenced application; and
WHEREAS the Suffolk County Planning Commission deemed the application a matter
of local determination; and
WHEREAS on November 1, 2010, the Southold Town LWRP Coordinator submitted
comments on the above-referenced application; and
WHEREAS on November 8, 2010, the applicant submitted revised sketch plans and a
draft access easement allowing for access from Cox Lane to Lot 4; and
WHEREAS on November 10, 2010 the Southold Town Engineer submitted comments
on the above-referenced application; and
WHEREAS, those comments have been considered and accepted by the Southold
Town Planning Board and have been incorporated into the sketch plan for the above-
referenced application; and
Southold Town Planninq Board Page Seven November 15, 2010
WHEREAS, the submitted application and revised maps meet all of the requirements
for sketch approval; and
WHEREAS, on November 15, 2010, the Southold Town Planning Board, acting under
the State Environmental Quality Review Act pursuant to 6 NYCRR Part 617, Section
617.7, initiated the SEQRA lead agency process for this Unlisted Action; and
WHEREAS, on November 15, 2010, a public hearing for the above-referenced
application was held and closed; be it therefore
RESOLVED, that the Southold Town Planning Board acting under the State
Environmental Quality Review Act, performed an uncoordinated review of this Unlisted
Action and as lead agency, makes a determination of non-significance and grants a
Negative Declaration;
William Cremers: Second.
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 determines this action to be consistent under the policies of the Town of
Southold Local Waterfront Revitalization Program;
Kenneth Edwards: 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 grants Sketch Approval on the Sketch Plat prepared by Howard W.
Young, L.S. dated July 20, 2010 and last revised on November 2, 2010.
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 Eight November 15, 2010
Martin Sidor: Before moving on to the next item, I simply have one statement in that I
would agree with Mr. Danowski that preservation in Southold Town is alive and doing
exceptionally well. Kudos to Southold Town and the land owners.
6:04 p.m. - Bayberry Estates - This is a proposed standard subdivision of a 50.0609
acre parcel into 18 lots and two (2) open space parcels, where the lots range in size
from 28,235 s.f. to 36,400 s.f., with the open space parcels totaling 35.0227 acres
excluding the wetlands, in the R-80 Zoning District. The property is located on the w/s/o
Laurel Avenue, approximately 150' s/o Yennecott Drive in Southold. SCTM#'s 1000-55-
6-35 & 36 and 56-1-1
Martin Sidor: Anyone in the audience who wishes to address the Planning Board
regarding this application, please do so now.
Howard Young, Land Surveyor, Engineer on the project: Good evening, Mr. Chairman
and members of the Board. (inaudible) Dr. & Mrs. O'Malley and their agent, Charlie
Fischer. This subdivision I believe has been through the staff and their approval is
conditional. I hope that the Board sees fit to grant preliminary approval. Thank you.
Martin Sidor: Thank you. Anyone else in the audience to address the Planning Board
regarding this application?
Bill Campbell, Yennecott Drive, Southold: This proposal came in the mail. I consider it
just a general proposal for the particular area. This is a rather large development that's
planned. I would like a lot more information as to the nature of what they are building;
each building plot, square footage, and what they intend to build. What type of homes,
how much square footage, and this would accommodate as to how large a family will be
interested in buying these homes? How will it affect the whole general area? It's going
to affect the natural resources--this seems to be a watershed area that it's going to
affect for a long time. I'm not speaking negatively about the proposed building aspect,
but it looks, from the likes of it, two cul-de-sacs with 4 or 5 homes in each, some on the
side. It looks like a nice, sort of prestigious development. Just a general prospect of
the price which will be asked, how much square footage assessed to each home, how it
will affect buses, children, schools, etc. Just for informational purposes, I think a lot
more should be forthcoming. This arouses my interest and curiosity. This is a prime
area which has been vacant for a long time. I assume that the planning aspect has
been going on for some time. It's a rather large development. Let the world know what
the (inaudible) plan is--what's to be?
Martin Sidor: I believe the site plan has been posted outside the room. I gave you a
description of the size of the parcel--it's anywhere from 28,000 to 36,000. I do not
know the price structure. Mr. Young, maybe you can...
Southold Town Plannin.q Board Page Nine November 15, 2010
Bill Campbell, Yennecott Drive, Southold: How big a home--a generalized price
structure. You can envision how large a family might be interested in this. It's certainly
going to affect the area to some degree. It will enhance the whole area. It looks like a
nice layout. The streets and the cul-de-sacs--the plan looks rather nice. It seems to
be coming off of Laurel. It would be nice to have more in-depth information regarding
this whole thing, because if it goes along, people are going to get more and more
curious. That's the general concept that I'm interested in.
Martin Sidor: OK. Thank you. Mr. Young, would you want to respond to this? You
have some information?
Howard Youn.q: (inaudible)
Martin Sidor: Yes, why don't we wait until the end. I think that's a good idea. Thank
you. Yes?
Angela Norton, 60875 Private Road, Southold: My concerns are regarding the traffic
that will come in from the Main Road onto Laurel into that subdivision, crossing the
railroad tracks. Laurel Avenue is a particularly dangerous road as it is today, currently.
It will also increase the traffic coming in from the North Road, and I'd like to know more
about the traffic study and the ramifications of that. There was something else about--
bear with me--rm a little bit confused about this piece here with open space parcels
totaling 35+ acres excluding the wetlands. What is the percentage of wetlands that's
excluded from the 35 acres, or am I not understanding this correctly?
Martin Sidor: I don't have an answer of the exact number. I know that's in the Code as
far as the 60% that needs to be left open. It remains from the subdivision. What
percent of wetlands of that maybe Mr. Young could
Angela Norton, 60875 Private Road, Southold: I also would like to know, sir, if you can
answer this for me. We are in an R-80 Zone, and I understand clustering, having done
a conservation subdivision myself preserving 70 acres in the Town of Southold. 28,000
square feet is a building lot--which is how much acreage? That's a half an acre
approximately--a little bit more than a half? OK. Once again, I'll just reiterate. My
concerns are for the traffic. I don't think that road can handle it. Thank you.
Martin Sidor: Thank you. Yes, please?
John Viteritti, 2540 Yennecott Drive: My property adjoins the proposed development. I
would have to say that I'd like to thank Tamara Sadoo for being available on a
continuing basis for my questions on the plan, which I appreciate you shared with me. I
also have a question about whether or not the responsor did an analysis to determine
what price the properties are likely to bring, and if they determined what the list price will
be. Also, I'd like to know the projection as to how long it will take to sell the property.
The last question I have is with respect to the affordable lots. I understand there's an
issue as to whether or not the developer (inaudible). Lastly, the issue of financing.
Southold Town Planning Board Page Ten November 15, 2010
Will the developer provide any financing or will all financing have to be (inaudible)
institution. And I ask that because of the mortgage conditions.
Martin Sidor: Thank you. Anyone else in the audience? Your name, please?
Bill Campbell, 2155 Yennecott Drive, Southold: I've seen more than one developer go
'down the tubes because of financing. They start construction of a project and it's left
undone. It would be good to know how much of a background in financing the
developer has--how safe it is. (inaudible) And once again, how much of the natural
resources would this whole project deplete. That's the general concept.
Martin Sidor: Are there other questions regarding that as far as financing and pricing?
Maybe now would be a good time for Mr. Young to address that, at least that portion of
those type of questions.
Howard Young: I certainly (inaudible) pricing and financing and mortgage. I'm a land
surveyor and engineer. But I will tell you that this is partly a family estate planning thing
and we have at this time no intention of building homes. We will probably put the lots
for sale. As far as the roads and the public improvements--they will be bonded so
there's no doubt they would bo can you hear me? The traffic certainly I appreciate I
think this is 18 lots. We talked about maybe 8-10 (inaudible) per lot per day. So I don't
think you were talking about more than 3 or 4 cars per hour (inaudible). I travel that
road many times and I never even thought (inaudible). Anyway, that's something that--
a traffic study--we didn't do. I think we did the traffic analysis, assessment form. To
answer the question about open space, the wetland area is about ten acres, and the
open space, or the net open space is not wetlands, that's left open--that's probably the
35 acres you're talking about. And the development itself, the proposed development
area of all the lots and the roads is 15 acres which should give us the total of about 50
acres. The net open space, which excludes the wetlands, is 60.1%, which is a
requirement. That's how we (inaudible) the size of the lots.
Martin Sidor: There was also a question when this process began. I don't recall~o
you?
Howard Young: I had hair. We started a long time ago and through no fault of the
Board, there were some issues about--we started at least 20, maybe 30 years ago on
this project. We had permissions on water quality and at the time we couldn't get
Suffolk County Water or Greenport water to extend the water. So it died with the Health
Department. Once the Suffolk Water Authority bought in, there were some new ideas
and they agreed to extend the water into this project, even though water was on Laurel
Avenue. That's about all I have.
Martin Sidor: OK. Thank you. There's a question behind you.
Howard Young: We certainly don't know what the cost of the houses are; when we get
done, certainly we will have to go out and get estimates on the course of construction,
taking into consideration all the other things and see what the market bears. Hopefully,
Southold Town Planninq Board Page Eleven November 15, 2010
by the time we get finished here, the market will come back. A lot of this has to do with
the doctor's family. He has a large family, and this is one of the ways to split up some
of his estate for the family.
Martin Sidor: Also, the pricing and financial structure is not a part of the site plan
process. All questions to the Planning Board, please.
William Hippner, 215 MockinRbird Lane, Southold: I have a separate question: What
efforts were made to protect and preserve the wetlands which are located directly
behind?
Martin Sidor: On this parcel?
William Hippner: Yes.
Martin Sidor: What have been the factors to protect the wetlands?
Mark Terry: The wetlands were looked at at length with the Board of Trustees and the
Planning Board. The lots were clustered to greater than 100' from the wetland
boundaries, so there's a distance of 100' between the actual wetland and any potential
development. So, those are the provisions that were taken into account. Also, open
space surrounds the wetland areas, so no development can occur within that open
space, except for some passive recreational uses and whatever the Planning Board will
permit in the future.
William Hippner: So you're saying the wetlands will not be affected?
Mark Terry: They will not be affected.
William Hippner: Thank you.
Bill Campbell: One further question: Is it intended that these particular lots be sold
piecemeal as a lot, then the builders come along and offer their building proposal? Or
as one general development?
Martin Sidor: I would think that's the $64,000 question. I don't think anyone can
answer that question. Do you want to?
Howard Young: I just finished saying that Dr. O'Malley is trying to do some estate
planning, so some of these lots are going to be--as individual lots-conveyed to certain
of his children. What they do with them, whether they have a builder,or whether they
speculate and sell them over a period of years, or whether they hang onto them and
build when the market reaches what it was 2 or 3 years ago--we don't know.
Martin Sidor: Thank you. Yes?
John Viteritti: If I could raise again the question of the affordable lots?
Southold Town Planninq Board Pa.qe Twelve November 15, 2010
Howard Youn.q: Dr. O'Malley's attorney wrote a letter regarding the affordable portion
and we are still debating what to do there. Since this is a preliminary filing, I think we
have some time. We're not sure which way to go. The fee is much higher than we
thought it was going to be.
Martin Sidor: I don't know if the people in the audience understand that--in other
words: "the fee is too high".
Howard Younq: I think we were surprised at how high it was. The Town Board sets
that number. We were debating whether to buyout or just build the affordable. We are
not sure yet.
John Viteritti: I have no problem personally with the plan itself. In fact, what it does, it
preserves at least 2/3 of the property behind my house in perpetuity. I am concerned
about the feasibility of it from a development and marketing point of view. I share the
concerns of those who, in the absence of any information to the contrary, as to whether
or not this will be a successful project, financially.
Martin Sidor: I don't know how to answer that; I don't know if anyone can project. I
don't know how we would go about that--you'd have to determine market and there's a
lot at stake.
John Viteritti: Absolutely (inaudible)
Martin Sidor: Not with this Board, no.
John Viteritti: No, I understand that. (inaudible)
Joseph Townsend: Before this project is undertaken, there would be bonds required so
that the roads and amenities would be completed. If there is a failure to complete
them, then the money would be there to complete it. So it's not likely that the
ameneties aren't going to be there. No one can say what will happen with that
development, but the days of having developments half completed and left are gone
now. It's my belief that's the case because of the safeguards that have been put into
the Code.
Martin Sidor: Anyone else in the audience who wishes to address the Planning Board
regarding this application?
An.qela Norton: I'm just wondering if there are any requirements as to architectural
integrity or is that left to the particular person that may buy the parcel and the developer
and potential homebuilder? Is there any guidelines along that?
Martin Sidor: At this stage, no.
Heather Lanza: Our Building Department has New York State Building Code. So when
the houses get built they have to meet Codes.
Southold Town Plannin.q Board Pa.qe Thirteen November 15, 2010
An.qela Norton: No I understand about building code (inaudible) architectural integreties
and if they are trying to ....
Martin Sidor: Not at this level.
An.qela Norton: OK. All right. Thank you.
Martin Sidor: Anyone else? Hearing none, anyone from the Board wishes to state
anything for the record?
William Cremers: I make a motion to close the hearing.
Joseph Townsend: Second.
Martin Sidor: Motion made and seconded. Any discussion? All in favor?
Ayes.
Martin Sidor: Motion carries.
6:06 p.m. - Peconic Bay Winery.- This amended site plan is for a change of use of an
existing farm stand (639 sq. ft.) to a retail use with additional parking on site for the
existing retail winery and 3 solar panels in connection with the over-all use on this
27.031-acre parcel split-zoned Business/Residential 80 District. The site is located on
the s/s/o Main Road, approximately 450' e/o Stillwater Avenue, Cutchogue.
SCTM#1000-103-1-19.12
Martin Sidor: Anyone who wishes to address the Planning Board regarding this
application, please step forward.
Karen Hoa.q, Esq. for the applicant: I wanted to advise the Planning Board that we
have submitted to the Department of Transportation an amended site plan to perform
driveway design policy. I dropped a copy off at the Planning Department the other day.
I haven't heard back from them as of yet, but that's where the application is as of now:
with the Department of Transportation.
Martin Sidor: Thank you. Anyone else who wishes to address the Planning Board
regarding this application?
Paul Silansky, 770 Pinewood, Cutcho.que: Our concern is that (inaudible) Association
had some discussion on clearly delineating the traffic patterns right across the street
where King Kullen is. It's a busy area, it's tough to get in and out of there. The concern
is that the driveway in front of the new retail Space--if it gets too wide what ends up
happening is drivers get impatient when they are leaving and instead of waiting in line,
Southold Town Plannin.q Board
Page Fourteen
November 15, 2010
they tend to line up and try to get out whenever they can. It makes it a little bit of a
dangerous situation. To just delineate the lanes if there is going to be a right turn and a
left turn and an entrance, just make that clear on the property. We did notice that on
the westernmost entrance-at least on the the plan--(inaudible) taking away the two-way
traffic coming out directly across the street from the King Kullen entrance would
probably alleviate some of the traffic issues that we have there. Thank you.
Martin Sidor: Thank you. Does anyone else from the audience wish to address the
Planning Board? Hearing none...
Joseph Townsend: I make a motion to close the hearing.
Kenneth Edwards: Second.
Martin Sidor: Motion made and seconded. Any discussion? All in favor?
Ayes.
Martin Sidor: Motion carries. That concludes our Public Agenda of this meeting. I
thank everyone in the audience who participated.
CONSERVATION SUBDIVISIONS, STANDARD SUBDIVISIONS, RE-
SUBDIVISIONS (Lot Line Changes)
Conditional Preliminary Determinations:
Fischer, Daniel & Nancy - This is a proposed 2-lot standard subdivision of a 1.6682
acre parcel where Lot 1 would total 36,333 sq. ft. and Lot 2 would total 36,332 sq. ft. in
the R-40 Zoning District. ZBA approvals (area and setback) have been granted for this
property. The property is located at 38785 NYS Route 25, Orient. SCTM#1000-15-8-1.1
Donald Wilcenski: Mr. Chairman, I will offer the following resolution:
WHEREAS, this proposal is to create a 2-lot standard subdivision on a 1.6682 acre
parcel where Lot 1 is 36,333 square feet and Lot 2 is 36,332 square feet in the R-40
Zoning District; and
WHEREAS, the Southold Town Zoning Board of Appeals granted approvals for Lots 1
and 2 for lot area variances and a side yard setback variance on July 30, 2009; and
WHEREAS, an application for Sketch Plan Approval was submitted on September 15,
2009, including the sketch plan prepared by John Metzger, L.S., dated July 15, 2009;
and
Southold Town Planning Board Page Fifteen November 15, 2010
WHEREAS, the Southold Town Planning Board accepted the application for formal
review at their Monday, December 7, 2009 Work Session; and
WHEREAS, on March 9, 2010, the Southold Town Planning Board granted Sketch
Approval on the map prepared by John Metzger, US., dated July 15, 2009; and
WHEREAS, on April 8, 2010, the applicant submitted an application for Preliminary Plat
Approval; and
WHEREAS, on August 9, 2010, the Southold Town Planning Board set the Preliminary
Public Hearing for the above-referenced application for September 13, 2010; and
WHEREAS, on September 13, 2010, a Preliminary Public Hearing for the above-
referenced application was held and closed; be it therefore
RESOLVED, that the Southold Town Planning Board hereby grants Conditional
Preliminary Approval subject to the following conditions:
1) Submission of a Final Plat Application
2) Submission of Final Application Fees (See Southold Town Code §240-8(B))
3) Submission of Draft Covenants and Restrictions pertaining to:
a. Maintenance of and cutting back of the brush along and up to the
fence line along the northerly property line of Lot #2 which directly
abuts a Town of Southold Recharge Basin;
b. Removal of trees along the southern property line of Lots #1 and #2
along S.R. 25 indicated upon the preliminary map prepared on
January 14, 2010 with additions made on March 26, 2010 by John
Metzger, L.S., and submitted April 8, 2010 to the Southold Town
Planning Board shall be prohibited except to allow for the maintenance
and or removal of dead and diseased trees which pose a risk to the
health, safety and welfare of the lot owners;
c. Should the trees referenced in 3(b) above need to be removed due to
disease or death, they shall be replaced by trees selected from the
Town of Southold Planning Board "Native/Natural Buffer Plantings
Specifications" list so as to continue to maintain the integrity of the
New York State Scenic Byway - S.R. 25.
William Cremers: Second the motion.
Martin Sidor: Motion made and seconded. Any discussion? All in favor?
Ayes.
Martin Sidor: Motion carries.
Southold Town Planning Board PaRe Sixteen November 15, 2010
CONSERVATION SUBDIVISIONS, STANDARD SUBDIVISIONS, RE-
SUBDIVISIONS (Lot Line Changes) - STATE ENVIRONMENTAL
QUALITY REVIEW ACT
Determinations - Negative Declarations:
Conway, Joseph & Margaret - This proposed lot line change will transfer 3.3 acres
from SCTM#1000-54-7-21.1 to SCTM#1000-54-7-21.2. SCTM#1000-54-7-21.1 will
decrease in size from 34.1678 acres to 30.8678 acres. SCTM#1000-54-7-21.2 will
increase in size from 1.0032 acres to 4.3032 acres. The property is located at 4395 &
6005 Horton Lane, Southold.
William Cremers: Mr. Chairman, I will offer the following resolution:
WHEREAS, this proposed lot line change will transfer 3.3 acres from SCTM#1000-54-
7-21.1 to SCTM#1000-54-7-21.2. SCTM#1000-54-7-21.1 will decrease in size from
34.1678 acres to 30.8678 acres. SCTM#1000-54-7-21.2 will increase in size from
1.0032 acres to 4.3032 acres; and
WHEREAS, on November 15, 2010, the Southold Town Planning Board, acting under
the State Environmental Quality Review Act pursuant to 6 NYCRR Part 617, Section
617.7, initiated the SEQRA lead agency process for this Unlisted Action; therefore, be it
RESOLVED, that the Southold Town Planning Board acting under the State
Environmental Quality Review Act, performed an uncoordinated review of this Unlisted
Action and, as lead agency, makes a determination of non-significance and grants a
Negative Declaration.
Kenneth Edwards: Second the motion.
Martin Sidor: Motion made and seconded. Any discussion? All in favor?
Ayes.
Martin Sidor: Motion carries.
SPECIAL EXCEPTIONS
MetroPCS, NY, LLC/Penny - This application is for site plan and special exception
consideration to affix a public utility wireless antenna at a height of 75' to the outside of
an existing 100' flagpole and install related equipment on the ground at the premises
located on a 3.8-acre parcel at 12585 Sound Avenue, 400' e/o Lipco Road, Mattituck in
the LI Zoning District. SCTM#1000-141-3-38.1
Southold Town Planning Board Page Seventeen November 15, 2010
Martin Sidor: I will make a motion to table the Special Exception for Metro PCS NY
LLC/Penny. Is there a second?
William Cremers: Second.
Martin Sidor: Motion made and seconded. Any discussion? All in favor?
Ayes.
Martin Sidor: Motion carries.
MetroPCS NY, LLClSouthold Town Police Station - This application is for site plan
and special exception consideration to affix a public utility wireless antenna to an
existing lattice tower and install related equipment at the premises located at 165
Peconic Lane, on a 12.27-acra parcel w/o Peconic Lane, Peconic, in the R-80 Zoning
District. SCTM#1000-75-5-14.1
Kenneth Edwards: I will offer the following resolution:
WHEREAS, this application is for site plan and special exception consideration to affix
a public utility wireless antenna to an existing lattice tower and install related equipment
at the premises located on a 12.27 acre parcel west of Peconic Lane in the R-80
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 February 25, 2010
including a site plan prepared by Lou Moglino, AIA, dated May 8, 2009; 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 June 8, 2010, the General Requirements in 280-70 were met; and
WHEREAS, on September 13, 2010, the Southold Town Planning Board distributed the
application to agencies having jurisdiction for their comments; and
WHEREAS, the comments from those agencies having jurisdiction 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 September 16, 2010, the Southold Town Planning Board, acting under
the State Environmental Quality Review Act pursuant to 6 NYCRR Part 617, Section
Southold Town Planning Board Pa.qe Eighteen November 15, 2010
617.7, initiated the SEQRA lead agency coordination process for this Unlisted Action;
and
WHEREAS, the Southold Town Planning Board agreed to waive the requirement to
construct an entirely new antenna support structure that meets the Town Code,
pursuant to §280-76.2F. It was determined that the pre-existing antenna support
structure, though not in compliance with the Town Code, could be allowed due to the
finding by the Planning Board that the structure is already located in a place that would
comply the same as any alternate locations, and the new antennas will be constructed
to be as unobtrusive as possible; and
WHEREAS, on October 18, 2010, the Town of Southold LWRP Coordinator reviewed
the above-referenced project and recommended the proposed project be found
consistent with Southold Town LWRP policies; and
WHEREAS, on October 18, 2010, a public hearing was held and closed by the
Southold Town Planning Board regarding the special exception consideration and site
plan; and
WHEREAS, on October 18, 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 November 12, 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, the Southold Town Planning Board reviewed the application to determine
whether it satisfied the requirements for a special exception pursuant to Town Code
Section 280-142 as follows:
1. That the use will not prevent the orderly and reasonable use of adjacent properties or
of properties in adjacent use districts. The tower already exists and the new antennas
are flush-mounted to reduce visibility as much as possible. The equipment cabinets
are not visible from outside the property.
2. 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. The property is used by
the town for municipal purposes.
3. 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. The
antenna support structure already exists, and the facility has been found to meet the
Maximum Permissible Exposure limits set by the Federal Communications
Commission.
Southold Town Plannin.q Board Pa.qe Nineteen November 15, 2010
4. That the use is in harmony with and promotes the general purposes and intent of this
chapter.
5. That the use is compatible with its surroundings and with the character of the
neighborhood and of the community in general, particularly with regard to visibility,
scale and over-all appearance. The antennas are flush-mounted as close to the
existing structure to minimize the visual obtrusiveness as much as possible.
6. That all proposed structures, equipment and material shall be readily
accessible for fire and police protection; and
WHEREAS, 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. Modification of the existing facility for a co-location of another wireless carrier
has been found to be 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 is co-locating their antennas on an existing antenna support
structure.
3. It is more feasible to co-locate the antennas on the existing structure rather than
construct a new structure. A new structure is not desirable because it would
contribute to visual clutter of the scenic corridor; be it therefore,
RESOLVED, that the Southold Town Planning Board hereby finds that the standards
for Special Exception Approval have been met;
William Cremers: Second the motion.
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 has determined that the action is consistent under the policies of the Town of
Southold Local Waterfront Revitalization Program;
William Cremers: 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 November 15, 2010
Kenneth Edwards: and be it further RESOLVED, that the Southold Town Planning
hereby grants a waiver of 280-76. lA., "Pre-existing antenna support structures and
antennas not in compliance";
William Cremers: Second the motion.
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 grants Approval for the Special Exception for the application referenced above.
Donald Wilcenski: Second the motion.
Martin Sidor: Motion made and seconded. Any discussion? All in favor?
Ayes.
Martin Sidor: Motion carries.
SITE PLANS
Final Determinations:
MetroPCS, NY, LLCIPenny - SCTM#1000-141-3-38.1.
William Cremers: Mr. Chairman, I will make a motion to table the final determination on
MetroPCS, NY, LLC/Penny.
Donald Wilcenski: 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-One November 15, 2010
MetroPCS NY, LLC/Southold Town Police Station - SCTM#1000-75-5-14
Donald Wilcenski: Mr. Chairman, I will offer the following resolution:
WHEREAS, this application is for site plan and special exception consideration to affix
a public utility wireless antenna to an existing lattice tower and install related equipment
at the promises located on a 12.27-acre parcel w/o Peconic Lane in the R-80 Zoning
District; and
WHEREAS, an application for a Special Exception & Site Plan Approval for a public
utility wiroless communication facility was submitted for review on February 25, 2010
including a site plan prepared by Lou Moglino, AIA, dated May 8, 2009; 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 June 8, 2010, the General Requirements in 280-70 were met; and
WHEREAS, on September 13, 2010, the Southold Town Planning Board distributed the
application to agencies having jurisdiction for their comments; and
WHEREAS, the comments from those agencies having jurisdiction 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 September 16, 2010, the Southold Town Planning Board, acting under
the State Environmental Quality Review Act, pursuant to 6 NYCRR Part 617 Section
617.7, initiated the SEQRA lead agency coordination process for this Unlisted Action;
and
WHEREAS, on October 18, 2010, the Town of Southold LWRP Coordinator reviewed
the above-referenced project and recommended the proposed project be found
consistent with Southold Town LWRP policies; and
WHEREAS, on October 18, 2010, a public hearing was held and closed by the
Southold Town Planning Board regarding the special exception consideration and site
plan; and
WHEREAS, the application is eligible for waiver of site plan elements under § 280-76.2
on the basis that the wireless facility is existing on property owned and used by the
Town Department of Public Works and the base equipment shelter can not be seen
from other properties and roads; and
Southold Town Planninq Board Page Twenty-Two November 15, 2010
WHEREAS, on October 18, 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 November 12, 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 November 15, 2010, the Southold Town Planning Board granted a
Special Exception Approval for this application; 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;
William Cremers: Second the motion.
Martin Sidor: Motion made and seconded. Any discussion? All in favor?
Ayes.
Martin Sidor: Motion carries.
Donald Wilcenski: and be it further RESOLVED, the Planning Board hereby waives the
full landscaping requirement pursuant to Section § 280-76.2 as described above;
Kenneth Edwards: Second.
Martin Sidor: Motion made 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 grants approval and authorizes the Chairman to endorse the site plan entitled
"Metro PCS" prepared by Lou Moglino, R.A. dated May 08, 2009 and last revised
September 02, 2010, including the following six plans:
1. T-1 Title Sheet
2. Z-01 Radius Map & surrounding Information
3. Z-02 Site Plan & Zoning Information
4. Z-03 Partial Site Plan & Equipment Plan
5. Z-04 Tower Elevations & Details
6. Z-05 Site Details
Southold Town Planning Board Page Twenty-Three November 15, 2010
William Cremers: Second the motion.
Martin Sidor: Motion made and seconded. Any discussion? All in favor?
Ayes.
Martin Sidor: Motion carries.
Set Hearings:
PJH Realty Corp. (Boyle) - This site plan is to construct a 2,375 s.f. (25' x 95') barn on
a 22.46-acre parcel located at 24435 NYS Route 25, on the n/s/o NYS Route 25,
approximately 100' e/o Platt Road, Orient, in the R-80 Zoning District. SCTM#1000-18-
2-34
William Cremers: Mr. Chairman, I will offer the following:
RESOLVED, that the Southold Town Planning Board sets Monday, December 13,
2010 at 6:00 p.m. for a public hearing at the Southold Town Hall regarding the site
plan, dated October 19, 1999, prepared by John Metzger, L.S., for the above-
referenced application.
Kenneth Edwards: 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 October
18, 2010 Regular Meeting.
Donald Wilcenski: So moved.
William Cremers: Second.
Martin Sidor: Motion made and seconded. Any discussion? All in favor?
Ayes.
Southold Town Planninq Board Page Twenty-Four November 15, 2010
Martin Sidor: Motion carries.
Martin Sidor: Does anyone on the Planning Board wish to put anything on the record?
Hearing none, we need a motion to adjourn.
Kenneth Edwards: So moved.
William Cremers: 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
6:45 p.m.
Respectfully submitted,
Martin H. Sidor, Ch~ir
R~CEIVF~D