HomeMy WebLinkAboutPB-12/13/2010PLANNING 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 H~ll Annex
54375 State Route 25
(cor. Main Rd. & Youngs Ave.)
Southold, NY
Telephone: 631 765-1938
Fax: 631 765-3136
PUBLIC MEETING MINUTES
Monday, December 13, 2010
6:00 p.m.
Present were:
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
RECEIVED '-~,..~'
JAN 11 2011
Town Clerk
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, January 10, 2011 at 6 p.m. at the Southold Town Hall, Main Road, Southold,
as the time and place for the next regular Planning Board Public Meeting.
William Cremers: So moved.
Joseph Townsend: Second.
Martin Sidor: Motion made and seconded. Any discussion? All in favor?
Ayes.
Martin Sidor: Motion carries.
Southold Town Planninq Board Pa.qe Two December 131 2010
PUBLIC HEARINGS
6:00 p.m. - Boyle, John & Catherine - This proposed 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 in the R-80 Zoning District.
SCTM#1000-18-2-34
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.
Jim Fitzgerald (on behalf of Mr. & Mrs. Boyle): I should tell you that in spite of the fact
that I have a teriffic set of hearing aids--courtesy of Uncle Sam--I still don't hear very
well. So, if there is discussion, you may find me sneaking up on you as long as nobody
has any objection. I don't have anything to add to the technical details of the project
that we submitted. I do have concerns about the administrative details that I just found
out about tonight. That is with regard to the posting of the sign and the mailing of the
notices to the adjacent property owners. We received back--in three batches--14 of the
17 green cards. The sign was posted appropriately and was removed this morning.
Both of those matters that I just mentioned apparently are inadequate to satisfy the
needs of the Board. I would like to say with regard to the sign, I followed exactly the
terms that are specified in the affidavit that says that I said in the affidavit that the sign
was in place for seven days preceding the public hearing--and they were actually it
was in place for ten days preceding the public hearing. I have been informed that that
is inadequate for some reason or another which I don't quite understand. Perhaps you
can help me with that. Is that inadequate in the mind of the Board with regard to this
particular project?
Martin Sidor: Yes. I don't have the legal in front of me. Heather?
Heather Lanza: Do you want me to elaborate on that? The reason--you're right--you
did follow what the affidavit said. We're not saying you didn't. We realize we need to
change the language in that affidivit so it's clear that it's up seven days prior and right
up until the time of the public hearing. That's what we require.
Jim Fitzgerald: The affidavit says: "seven days immediately preceding the public
hearing."
Heather Lanza: You did the right thing according to what the affidavit says, but what
you're supposed to do is leave it up right until now: 6:00. We apologize, and we'll make
that more clearly worded. Unfortunately, there's a defect in the process--they call it--
when you don't leave it up until the public hearing. So we need to adjourn it and just
have you put it back up there and leave it until the next meeting. Sorry.
Jim Fitzgerald: We (you and I, Heather) discussed this at around the timeas I recall of
the work session that we attended--the disparity between the Town Code and the
Southold Town Plannin.q Board Pa.qe Three December 13, 2010
wording of the affidavit. So, it's kind of disappointing to come in here two or three or
four weeks later and find out that that's going to be a reason that will,as I understand it,
hold the decision up a month. The other thing is with regard to the green cards: it's
unclear to me what the procedure is, because up until now in my dealings with other of
your sister agencies and boards within the Town structure, the way it worked is
according to the Town Code, you send the cards out seven days in advance? I sent the
cards out ten days in advance. You get the cards back and you bring them in and you
hand them over and we go about our business, and it is up to the people who have an
interest in it to show up on the basis of that notification. Personally, I have always felt
that seven days is not adequate, because particularly at this time of year people are
already in Florida. We haven't gotten them all back yet. We've gotten back 14 of the
17. I find that now we are going to give those people more time to respond. So we've
got to fix this. As I said last Wednesday before the meeting, I am happy to play by the
rules, but we have to be working with the same set of rules. And if you tell me what to
do, I'll be happy to do it. That's all. The reason this is a matter of concern is that we
were anxious to get this structure built before the cold weather set in. But now that's
not going to happen.
Martin Sidor: I understand your frustration. I don't believe Ms. Lanza this is your
opinion--this is Town AttorneY-backed. We have now ....
Heather Lanza: We didn't have this on for a decision tonight anyway, did we? So, this
isn't the issue--I mean this is one issue why we hold the hearing open, but not why we
are not making a decision tonight. So this issue isn't holding you up. And in terms of
proving you sent the things, you have the return receipts and you have the mailing
receipts that may be proof enough that you sent the things out to the people.
Jim Fitzgerald: It's my understanding from a discussion I had with Ms. Winser before
the public hearing opened, that these situations that I mention with regard to the green
receipt cards and the posting of the sign, would not/will not have any adverse effect
upon the time at which all other things being OK--the Board would approve the project.
Is that correct?
Martin Sidor: it would be no different when this meeting is reset, if it is reset for January
10, it would be no different today as far as being handicapped today, than it would be
on January 10.
Jim Fitz.qerald: So that regardless of the apparent deficiencies....?
Martin Sidor: The legal hiccup. There would be no handicapping.
Jim Fitz,qerald: So, if everything is in OK, we still wouldn't get the approval until
January?
Martin Sidor: Yes.
Southold Town Plannin.q Board PaRe Four December 13, 2010
Jim Fitzgerald: Thank you. Are there any questions from the Board about the details of
the project?
Martin Sidor: No.
Jim Fitzgerald: Thank you.
Martin Sidor: Thank you. Is there anyone else in the audience who wishes to address
the Planning Board regarding this application? Hearing none ....
Donald Wilcenski: I make a motion to adjourn the hearing to January 10, 2011.
Wiilliam Cremers: I'll second it.
Martin Sidor: Motion made and seconded. Any discussion? All in favor?
Ayes.
Martin Sidor: Motion carries.
CONSERVATION SUBDIVISIONS, STANDARD SUBDIVISIONS, RE-
SUBDIVISIONS (Lot Line Changes)
Bond Reductions:
Beach Plum Homes - This Clustered Conservation Subdivision is for 5 lots on 27.15
acres where Lot 1 equals 23.96 acres, upon which the Development Rights on 22.2246
acres were sold to the Town of Southold, Lot 2 equals 31,000 sq. ft., Lot 3 equals
32,800 sq. ft., Lot 4 equals 33,712 sq. ft. and Lot 5 equals 30,916 sq. ft. in the A-C/R-O
Zoning Districts. The property is located on the n/s/o Ackerly Pond Road and the w/s/o
NYS Route 25 in Southold. SCTM#1000-69-3-10.1
Kenneth Edwards: Mr. Chairman, I'd like to offer the following resolution:
WHEREAS, this proposed Clustered Conservation Subdivision is for 5 lots on 27.15
acres where Lot 1 equals 23.96 acres, upon which the Development Rights on 22.2246
acres were sold to the Town of Southold, Lot 2 equals 31,000 sq. ft., Lot 3 equals
32,800 sq. ft., Lot 4 equals 33,712 sq. ft. and Lot 5 equals 30,916 sq. ft. in the A-C/R-O
Zoning Districts; and
WHEREAS, on October 17, 2006, the Southold Town Planning Board granted final
approval on the final plat prepared by John T. Metzger, dated June 27, 2005 and last
revised on July 19, 2006; and
Southold Town Planning Board Pa.qe Five December 13, 2010
WHEREAS, on October 17, 2006, the Southold Town Board adopted Resolution No.
2006-814 accepting the Site Improvement Performance Bond No. 18655 issued by The
Service Insurance Company, Inc. in the amount of $75,546.00 for the proposed
Clustered Conservation Subdivision entitled Beach Plum Homes, SCTM#1000-69-3-
10.1; and
WHEREAS, the applicant submitted a request to the Southold Town Planning Board
that the Site Improvement Performance Bond referenced above be reduced as the
majority of the work required was complete; and
WHEREAS, based upon this request made by the applicant, the Southold Town
Engineering Inspector conducted a site visit on October 26, 2010; and
WHEREAS, on November 2, 2010, the Southold Town Engineering Inspector submitted
a report stating that the only remaining incomplete item required was the placement of
the asphalt wearing course and that all other items have been satisfactorily completed;
and
WHEREAS, the Southold Town Engineering Inspector further recommended, in the
same November 2, 2010 report referenced above, the following:
1) Reduce the bond amount down to the cost item listed for the asphalt wearing
course, and
2) Retain an additional 5% of the original bond amount to cover any potential
replacement costs that may arise in the future to include, but not limited to,
the replacement of street trees until completion of all required work; and
WHEREAS, the Southold Town Planning Board accepted the Southold Town
Engineering Inspector's comments; and
WHEREAS, the cost listed for the asphalt wearing course in the original Site
Improvement Performance Bond is $7,700.00; and
WHEREAS, the total original Site Improvement Performance Bond amount is
$75,546.00 and 5% of that original bond is $3,777.00; and
WHEREAS, the cost of the asphalt wearing course ($7,700.00) plus 5% of the original
Site Improvement Performance Bond amount ($3,777.00) totals $11,477.00; be it
therefore
RESOLVED, that the Southold Town Planning Board recommend that the Southold
Town Board authorize the reduction of Site Improvement Performance Bond No.18655
submitted by the applicant from $75,546.00 to $11,477.00.
William Cremers: Second the motion.
Martin Sidor: Motion made and seconded. Any discussion? All in favor?
Southold Town Plannin.q Board Pa.qe Six December 13, 2010
Ayes.
Martin Sidor: Motion carries.
SITE PLANS
Final Determinations:
7-Eleven, Mattituck - This site plan is to convert an existing 1,985 sq.ft, gas
station/convenience store to a 2,670 sq.ft, convenience store (constructing a 685 sq.ft.
addition) on a 23,891 sq.ft, parcel in the B Zone located at 9945 NYS Route 25, on the
n/e corner of Factory Avenue & NYS Route 25, Mattituck. SCTM#1000-142-1-27
Joseph Townsend: I'd like to offer the following resolution:
WHEREAS, this site plan is to convert an existing 1,985 s.f. gas station/convenience store to a
2,670 s.f. convenience store (constructing a 685 s.f. addition) on a 23,891 s.f. parcel; and
WHEREAS, on March 17, 2009, the NYS Department of Transportation commented
that traffic demand from the site will place more of a demand on the west bound to
north bound right turn movements and, as such, the applicant should complete a radius
improvement as part of the site development; and
WHEREAS, it has been agreed that the applicant will dedicate 249 s.f. to the NYS
Department of Transportation to improve the radius of the turn at the northeast corner
of the intersection, and will be responsible for site improvements and the cost for the
radius improvements, and the NYS DOT will undertake the cost of re-locating the utility
and pedestrian traffic control facilities; and
WHEREAS, an application for a site plan was submitted on April 7, 2009, including the site
plan prepared by Eugene Kempey, P.E., dated February 25, 2009; and
WHEREAS, on June 8, 2009, the Southold Town Planning Board accepted the
application for review; and
WHEREAS, the Southold Town Planning Board, pursuant to State Environmental
Quality Review (SEQR) (6 NYCRR, Part 617.5 (c) (3) has determined that the proposed
action is a Type II Action as it falls within the following description for (8 NYCRR, Part
617.5 (c) (7): "construction expansion of a primary non-residential structure or facility
involving less than 4,000 s.f. of gross floor area and not involving change of zone or a
use variance ..." and not subject to further review under SEQRA; and
Southold Town Plannin.q Board Pa.qe Seven December 13, 2010
WHEREAS, on June 11,2009, 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 Transportation Commission, Mattituck Fire District and
Southold Local Waterfront Revitalization Program (LWRP) Coordinator, Suffolk County
Department of Health Services, NYS DOT; and
WHEREAS, on June 11,2009, 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 June 13, 2009, the 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 June 17, 2009, the Town Engineer reviewed the site plan and
commented that the applicant has incorporated all the relevant engineering comments
and satisfied the DOT issues with regard to the site design and reached an agreement
with the work in the State right-of-way; and
WHEREAS, on June 18, 2009, the Southold Town Architectural Review Committee
reviewed and recommended the following design elements: The street sign should be a
monument style sign no more than 6' in height with no internal lighting and goose-neck
style light fixture on the sign, the use of a stone fa~;ade matching the building at the
base of the street sign, the use of a natural split-shake shingle on all of the gables on
the building, the use of Dark Sky compliant simple goose-neck style parking lot lighting
fixtures without scrolling along the neck, the use of 10" square columns along the front
of the building with a stone pedestal at the base of each column to complement the
stone on the building, thicken the front arches between each column to complement the
wider columns, change the colors of the building to the Nantucket Stacked Stone option
with a complementing light gray-toned hearty plank above the stone; and
WHEREAS, on June 29, 2009, the Mattituck Fire District recommended that all access
points allow for fire access and allow for all access driveways be cleared and
maintained to meet Town Code; and
WHEREAS, on July 2, 2010, the Southold Town Transportation Commission
recommended that all concerns have been met; and
WHEREAS, on July 17, 2009, the Town of Southold LWRP Coordinator reviewed the
above-referenced project and has recommended that the proposed project is consistent
with Southold Town LWRP policies; and
WHEREAS, 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
Southold Town Planning Board Pa.qe Eight December 13, 2010
WHEREAS, on October 15, 2009, a public hearing was held and the record was held
open for an additional two weeks for written comments; and
WHEREAS, the written record was closed on October 28, 2009; and
WHEREAS, on February 26, 2010, the applicant submitted a Traffic Impact Analysis
prepared by Dunn Engineering in connection with the site plan that was corroborated by
an independent Traffic Engineering Firm (AKRF) hired by the Town; and
WHEREAS, on August 2, 2010, the Suffolk County Department of Health Services
issued a Permit (#C10-09-0007) and approved the project and stamped the site plan;
and
WHEREAS, on November 8, 2010, written documentation was submitted that stated
deliveries would not be accepted during peak hours of operation and would use only the
entrance on the Main Road, not Factory Avenue; and
WHEREAS, pursuant to Southold Town Code §280-133 C, the Planning Board will not
require the full 25' landscaped front yard. The Board has found this acceptable for the
following reasons: that the subject parcel is an existing developed site with minimal
existing landscaping, and as a result of this application, considerably more landscaping
will be added; the applicant has proposed areas of front landscaping that are wider than
25' where feasible, with a landscape strip that varies throughout the site from 44 feet
along the east property line to 8 feet along the Main Road; the average width of the
front landscaped area equals approximately 25 ft. and the subject site's proposed
landscaping will be an improvement to the area where many sites have minimal
landscaping; and
WHEREAS, the Southold Town Planning Board, pursuant to Southold Town Code
§280-131 B (5), has the discretion to vary or waive the parking requirements for site
plan applications where doing so would not have a detrimental effect on the public
health, safety or general welfare, and will not have the effect of nullifying the intent and
provision of the Site Plan Requirements chapter of the Town Code. 27 parking spaces
are required on site, however, the Planning Board has found that this application is
eligible for a small waiver of parking requirements of 2 parking spaces for the following
reasons: the subject parcel is an existing developed site; the subject site will provide
more parking than similar uses in the Town; the traffic study concluded that the site had
been designed to provide adequate on-site parking. Previously, there were 26 parking
spaces proposed, the Planning Board has required the applicant to land bank one
parking space closest to the entrance of Factory Ave to improve site circulation & safety
(leaving 25 parking spaces); and
WHEREAS, on December 6, 2010, the Planning Board accepted the Traffic Impact
Analysis and concluded that the traffic report addressed the concerns raised from the
Public Hearing regarding traffic issues and the safe operation of the site; and
Southold Town Planning Board Pa.qe Nine December 13, 2010
WHEREAS, on December 13, 2010, the Southold Town Chief Building Inspector
reviewed and certified the proposed site plan as a permitted use in the Business Zoning
District; and
WHEREAS, all applicable requirements of the Site Plan Regulations Article XXlV, §280
- Site Plan Approval of the Town of Southold have been met; therefore, be it
RESOLVED, that the Southold Town Planning Board, pursuant to State Environmental
Quality Review (SEQR) (6 NYORR, Part 617.5 (c) (3), has determined that the
proposed action is a Type II Action, and not subject to review under SEQR;
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 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;
Donald Wilcenski: 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 grants approval with one condition to the site plan entitled "7-Eleven, Inc."
prepared by Eugene Kempey, P.E., originally dated February 25, 2009 and last revised
on December 10, 2010, and including the following pages:
· SP-01 Site & Drainage Plan
· SP-02 Landscape Plan
· SP-03 Site Detail
· SP-04 Truck Routing Plan
· SP-06Aerial Photo Plan
· PH-1 Site Lighting Plan
· A-1 N &S Eelevations
· A-2 E & W Elevations,
Southold Town Planning Board Pa.qe Ten December 13, 2010
and authorizes the Chairman to endorse the site plan packet after the following
condition is met:
The applicant must submit a letter from NYS Department of Transportation stating
they have no objection to site plan approval being granted prior to their Highway
Work Permit being issued.
Please note: The Planning Board's final inspection and the subsequent Certificate of
Occupancy will not be issued until after the NYSDOT has notified the Planning Board
that they are satisfied that all the work on the intersection improvement as noted on the
plan has been completed.
Please also note the followin.q requirements in the Southold Town Code relatin.q to site
plans:
Any outdoor lighting shall be shielded so the light source is not visible from
adjacent properties and roadways. Lighting fixtures shall focus and 'direct the
light in such a manner as to contain the light and glare within property
boundaries, and to shield the light from the sky.
2. All storm water run-off from grading, driveways and gravel areas must be
contained on site,
Approved site plans are valid for three years from the date of approval, within
which time all proposed work must be completed, unless the Planning Board
grants an extension
4. Any changes from the approved site plan shall require Planning Board approval.
Prior to the issuance of a Certificate of Occupancy, the Planning Board or its
representative, must inspect the site to ensure it is in conformity with the
approved site plan and issue a final site inspection approval letter. Should the
site be found not in conformance with the approved site plan, no Certificate of
Occupancy may be issued unless the Planning Board approves the changes to
the plan.
Donald Wilcenski: I will second that including the five requirements.
Martin Sidor: Motion made and seconded. Can we have a role call?
William Cremers: I was going to vote "no" but I looked at the plans this morning and I
think they meet all the safety requirements that I thought were required on site.
Donald Wilcenski: Yes.
Martin Sidor: Yes.
Southold Town P ann n.q Board Pa.qe Eleven December 13, 2010
Joseph Townsend: Yes.
Kenneth Edwards: Yes.
Martin Sidor: Motion carries.
MetroPCS~ NY, LLClPenny Lumber - This application is for site plan and special
exception consideration to affix a wireless antenna at a height of 75 feet to the outside
of an existing 100' antenna support structure and install related equipment on the
ground at the premises located at 12585 Sound Avenue, on a 3.8 acre parcel 400 feet
east of Lipco Road, in the LI Zoning District. SCTM#1000-141-3-38.1
Martin Sidor: This application will be tabled.
Set Hearings:
Cutcho.que/New Suffolk Historical Society - This site plan is for the construction of a
660 sq. ft. storage building on a 1.38-cre parcel owned and operated by the
Cutchogue/New Suffolk Historical Council located in the R-40 Zoning District at 27320
Main Road, on the s/w/cio Main Road and Case's Lane in Cutchogue. SCTM#1000-
109-5-6.1
Donald Wilcenski: Mr. Chairman, I will offer the following resolution:
be it RESOLVED, that the Southold Town Planning Board sets Monday, January 10,
2011 at 6:00 p.m. for a public hearing at the Southold Town Hall regarding the site plan
dated July 14, 2000 prepared by John C. Ehlers, L.S., for the above-referenced
application.
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 Page Twelve December 13, 2010
APPROVAL OF PLANNING BOARD MINUTES
Martin Sidor: We need a motion to approve the Planning Board minutes of November
15, 2010.
Donald Wilcenski: So moved.
Kenneth Edwards: Second.
Martin Sidor: Motion made and seconded. Any discussion? All in favor?
Ayes.
Martin Sidor: Motion carries. Does anyone on the Planning Board or staff wish to put
anything in the minutes?
Kenneth Edwards: I wish everybody happy holidays and look forward to seeing
everybody next year.
Joseph Townsend: Second.
Martin Sidor: Motion made and seconded. Any discussion? All in favor?
Ayes.
Martin Sidor: Motion carries. Motion to adjourn?
Joseph Townsend: So moved.
Kenneth Edwards: Second.
Martin Sidor: Motion made and seconded. Any discussion? All in favor?
Ayes.
Martin Sidor: Motion carries. Merry Christmas.
Southold Town P annin.q Board Pa.qe Thirteen December 13, 2010
There being no further business to come before the meeting, it was ADJOURNED at
6:20 p.m.
Respectfully submitted,
Linda Randolpl~ Transcril:flng Secretary
M'artin H. Sidor, Chair
RECEIVED ~,~
JAN 11 2011
Southold Town Clerk