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HomeMy WebLinkAboutPB-01/10/2011PLANNING BOARD MEMBERS MARTIN H. SIDOR Chair W/LL/AM J. CREMERS KENNETH L. EDWARDS JAMES H. RICH III DONALD J. WILCENSKI PLANNING BOARD OFFICE TOWN OF SOUTHOLD PUBLIC MEETING MINUTES Monday, January 10, 2011 6:00 p.m. MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 R,,T.C'~IVE D Present were: Martin H. Sidor, Chairperson William J. Cremers, Member Kenneth L. Edwards, Member James H. Rich III, Member Donald J. Wilcenski, Member Heather Lanza, Planning Director Kristy Winser, Planner Tamara Sadoo, Planner Carol Kalin, Secretary SETTING OF THE NEXT PLANNING BOARD MEETING Martin Sidor: Good evening, and welcome to the Southoid Town Planning Board regularly-scheduled monthly Public Meeting. Our first order of business is to set Monday, February 14, 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. Ken Edwards: So moved. 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 Two January 10, 2011 PUBLIC HEARINGS 6:00 p.m. - Cutcho.que/New Suffolk Historical Council - This site plan is for the construction of a 660 sq. ft. storage building on a 1.38-acre parcel owned and operated by the Cutchogue/New Suffolk Historical Council located at 27320 Main Road in the R- 40 Zoning District, on the s/w/cio Main Road and Case's Lane, Cutchogue. SCTM#1000-109-5-6.1 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. Zachary Studenroth, Director of Historical Council: hesitate to enter anything new into the record. The application is before you; it's self-explanatory, but I am here to answer any questions that you may have about the nature of the structure, etc. Martin Sidor: Anyone on the Board? Anyone in the audience wishes to address the Planning Board regarding this application? Hearing none ...... William Cremers: I make a motion to close the hearing. Donald Wilcenski: Second. Martin Sidor: Motion made and seconded. Any discussion? All in favor? Ayes. Martin Sidor: Motion carries. Kenneth Edwards: Mr. Chairman, I would like to offer the following resolution: WHEREAS, this site plan is for the construction of a 660 sq. ft. storage building on a 1.38 acre parcel owned and operated by the Cutchogue/New Suffolk Historical Council located in the R-40 Zoning District on the s/w/cio Main Road and Case's Lane, Cutchogue; 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 (6 NYCRR, Part 617.5 (c) (7): "construction or expansion of a primary or accessory/appurtenant, non- residential structure or facility involving less than 4,000 s.f ...... "and not subject to review under SEQRA; and WHEREAS, pursuant to Southold Town Code §280-133 C, the Planning Board has found that requiring the entire set of site plan application requirements for this site is not necessary for the following reasons: the application is for a storage building on a Southold Town Planninq Board Page Three January 101 2011 previously developed site, will not be open to the public, and is small in size relative to the existing structures on site and size of the parcel. Therefore, the Planning Board will require only the following site plan application items: §280-133 A. (1-5), B. (1)(a -e), B. 3(a) and B. 4(a) (b) and (i); 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. The Planning Board has found that this application is eligible for a waiver of parking requirements because there is no need to provide for parking - the storage building is not open to the public, and there is parking existing on site in connection to the over-all use of the site; and WHEREAS, an application for a site plan was submitted on October 8, 2010, including a site plan prepared by John C. Ehlers, L.S., dated June 4, 2010; and WHEREAS, on November 1, 2010, during a Planning Board Work Session, the application was formally accepted for review; and WHEREAS, on November 3, 2010, the Southold Town Planning Board distributed the application to agencies having jurisdiction for their comments, and the following agencies responded: Town Engineer, Architectural Review Committee, and Cutchogue Fire District; and WHEREAS, the comments from those agencies referenced above were received and accepted by the Planning Board, discussed with the applicant, and incorporated into the site plan to the satisfaction of the Planning Board; and WHEREAS, on January 7, 2011, the Town of Southold LWRP Coordinator reviewed the above-referenced project and had recommended the proposed project to be consistent with Southold Town LWRP policies; and WHEREAS, on January 7, 2011, the Southold Town Building Inspector reviewed the plan and certified that the proposed use is a permitted use in this Business Zoning District; and WHEREAS, on January 10, 2011, a public hearing was held and closed; be it therefore RESOLVED, that the Southold Town Planning Board has determined that the action is consistent under the policies of the Town of Southold Local Waterfront Revitalization Program in a memo prepared by the LWRP Coordinator; Donald Wilcenski: Second. Southold Town Planning Board Page Four January 10, 2011 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 waives the full site plan requirements pursuant to Southold Town Code §280-133 C and only will require those as described above; Donald Wilcenski: Second. Martin Sidor: Motion made and seconded. Any discussion? All in favor? Ayes. Martin Sidor: Motion carries. Kenneth Edwards: and be it further RESOLVED, that the Planning Board hereby waives the full parking requirements pursuant to §280-131 B (5), as described above; Donald Wilcenski: Second. Martin Sidor: Motion made and seconded. Any discussion? All in favor? Ayes. Martin Sidor: Motion carries. Kenneth Edwards: and be it further RESOLVED, that the Southold Town Planning Board grants Approval with a Condition to have an archeologist on site during any excavation and authorizes the Chairman to endorse the site plan entitled "Survey of Property Cutchogue" prepared by John C. Ehlers, L.S., dated June 4, 2010. William Cremers: Second. Martin Sidor: Motion made and seconded. Any discussion? All in favor? Ayes. Martin Sidor: Motion carries. Southold Town Planninq Board Page Five January 10, 2011 Hearings Held Open From Previous Meetings: Boyle, John & Catherine - 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 of NYS Route 25, approximately 100' e/o Platt Road in the R-80 Zoning District. SCTM#1000-18-2-34 Martin Sidor: Is there anyone in the audience who wishes to address the Planning Board regarding this application? James Fitzgerald for Mr. & Mm. Boyle: Our discussions and the material contained in the application I think are self-explanatory at this point and I don't have anything to add, but I will be happy to answer any questions you might have. Martin Sidor: Any questions from the Board? Anyone else wishing to address the Planning Board regarding this application, please step forward. Hearing none ...... William Cremers: 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. James Rich Ill: Mr. Chairman, I will offer the following resolution: WHEREAS, this site plan is to construct a 2,375 s.f. (25' x 95') barn for the purpose of agricultural storage on a 22.46 acre parcel located on the north side of Main Road, approximately 100' east of Platt Road, in the R-80 Zoning District; and WHEREAS, an application for a site plan was submitted on October 29, 2010, including a site plan dated October 20, 2010 and prepared by John T. Metzger, L.S.; and WHEREAS, on November 15, 2010, during a Planning Board Work Session, the application was formally accepted for review; and WHEREAS, on November 19, 2010, the Southold Town Planning Board distributed the application to agencies having jurisdiction for their comments, and the following agencies responded: Town Engineer, Architectural Review Committee, and Orient Fire District; 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 Six January 10, 2011 WHEREAS, the Southold Town Planning Board, pursuant to State Environmental Quality Review (SEQR) (6 NYCRR, Part 617.6 (c) (3) has determined that the proposed action is a Type II Action as it falls within the following description for (6 NYCRR, Part 617.5 (c) (3): "agricultural farm management practices, including construction...of farm buildings and structures..." and not subject to review under SEQRA; and WHEREAS, the Southold Town Planning Board, pursuant to §280-133 C of the Southold Town Code, has the discretion to waive any or all of the requirements in §280- 133 for those applications involving uses strictly related to agriculture as long as they are not necessary to further the objectives set forth in Town Code §280-129 to maintain public health, safety, and welfare; and WHEREAS, pursuant to Southold Town Code §280-133 C, the Planning Board has found that requiring the entire set of site plan application requirements for this site is not necessary for the following reasons: the application is for an agricultural use and part of an active farm operation and the parcel is large in size relative to the proposed and existing structures. Therefore, the Planning Board will require only the following site plan application items: §280-133 A. (1,2,4 & 5), B. (1)(a- f), B. 3(a) and B. 4(a) and (i); 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. The Planning Board has found that this application is eligible for a waiver of parking requirements because there is no need to provide for parking - the barn is not to be accessed by the public, nor is the number of employees increasing with the addition of this barn to the existing farm business. The large size of the parcel relative to the building size also justifies waiving parking requirements - there is ample area to park near the building; and WHEREAS, on January 6, 2011, the Town of Southold LWRP Coordinator reviewed the above-referenced project and had recommended the proposed project to be consistent with Southold Town LWRP policies; and WHEREAS, on January 7, 2011, the Southold Town Building Inspector reviewed the plan and certified that the proposed use is a permitted use in this Business Zoning District; and WHEREAS, on January 10, 2011, a public hearing was held and closed; be it therefore RESOLVED, that the Southold Town Planning Board has determined that the action is consistent under the policies of the Town of Southold Local Waterfront Revitalization Program in a memo prepared by the LWRP Coordinator; Southold Town P annin.q Board Pa.qe Seven January 10, 2011 William Cremers: Second the motion. Martin Sidor: Motion made and seconded. Any discussion? All in favor?. Ayes. Martin Sidor: Motion carries. James Rich II1: and be it further RESOLVED, that the Southold Town Planning Board hereby waives the full site plan requirements pursuant to Southold Town Code §280- 133 C and only will require those as described above; William Cremers: Second the motion. Martin Sidor: Motion made and seconded. Any discussion? All in favor?. Ayes. Martin Sidor: Motion carries. James Rich II1: and be it further RESOLVED, that the Planning Board hereby waives the full parking requirements pursuant to §280-131 B (5), as described above; Donald Wilcenski: Second the motion. Martin Sidor: Motion made and seconded. Any discussion? All in favor?. Ayes. Martin Sidor: Motion carries. James Rich IIh and be it further RESOLVED, that the Southold Town Planning Board grants Approval and authorizes the Chairman to endorse the site plan entitled "Survey Of Property at Orient" dated October 20, 2010 and prepared by John T. Metzger, L.S. with the following five requirements: 1. 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. 2. All storm water run-off from grading, driveways and gravel areas must be contained on site. 3. 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. Southold Town Planninq Board Pa.qe Ei.qht January 10,2011 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. William Cremers: Second the motion. 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) Final Determinations: Clark's Beach/Village of Greenport - This proposal is for a lot line change to transfer 6.33 acres from SCTM#1000-40-1-23 (owned by the Village of Greenport ) to SCTM#1000-40-1-3.1 (Inlet County Park), decreasing Lot 23 from 14.835 acres to 8.5 acres, and increasing the County Park from 36.7 acres to 43.03 acres. The purpose is for Suffolk County acquisition of parkland. The property is located on CR 48 in Greenport. Donald Wilcenski: Mr. Chairman, I will offer the following resolution: WHEREAS, this proposal is for a lot line change to subtract 6.326 acres (275,537 square feet) from a total parcel area of 14.835 acres (646,205 square feet) of SCTM#1000-40-1-23, owned by the Village of Greenport, and add that land area to SCTM#1000-40-1-3.1, owned by Suffolk County, to be merged into the adjacent Suffolk County park land of Inlet Point Park; and WHEREAS, the Southold Town Planning Board granted Conditional Final Approval upon the survey map, dated July 16, 2008, prepared by Nathan Taft Corwin III, Land Surveyor on September 22, 2008; and WHEREAS, on February 9, 2010, the applicant requested a one year extension of Conditional Final Approval be granted in order to obtain Suffolk County Health Department approval; and Southold Town Planning Board Pa.qe Nine January 10I 2011 WHEREAS, on March 8, 2010, the Southold Town Planning Board granted a one-year extension of Conditional Final Approval; and WHEREAS, on December 17, 2010, the applicant submitted a copy of the recorded deed from the Village of Greenport to Suffolk County recorded under Liber D00012621 and Page 783; and WHEREAS, all conditions of the Conditional Final Approval have been met; be it therefore RESOLVED, that the Southold Town Planning Board hereby grants Final Approval for the Lot Line Modification/Re-Subdivision as shown on the survey map entitled "Lot Line Change/Re-Subdivision for Village of Greenport" dated September 12, 2005 and last revised on February 22, 2010, prepared by Nathan Taft Corwin III, Land Surveyor. William Cremers: Second the motion. 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) - STATE ENVIRONMENTAL QUALITY REVIEW ACT Determinations - Negative Declarations: Scharf, Charles & Amy - This proposal is to transfer 48,211 s.f. from SCTM#1000-81- 3-25.1 to SCTM#1000-81-3-26. As a result, Lot 25.1 will decrease from 135,332 s.f. to 87,120 s.f. and Lot 26 will increase from 94,446 s.fto 142,657 s.f in the R-80 Zoning District. The property is located on Paradise Point Road, Southold. William Cremers: Mr. Chairman, I will offer the following resolution: Southold Town Planninq Board Pa,qe Ten January 101 2011 WHEREAS, this proposed lot line change is to transfer 48,211 s.f. from SCTM#1000- 81-3-25.1 to SCTM#1000-81-3-26. As a result, Lot 25.1 will decrease from 135,332 s.f. to 87,120 s.f. and Lot 26 will increase from 94,446 s.f. to 142,657 s.f. in the R-80 Zoning District. The purpose for this lot line change is to accommodate an encroachment over the existing property line between the two parcels; and WHEREAS, on January 10, 2011, the Southold Town Planning Board, acting under the State Environmental Quality Review Act pursuant to 6 NYCRR Part 617, Section 617.7, performed an uncoordinated review of the above-referenced application; be it therefore RESOLVED, that the Southold Town Planning Board 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. APPROVAL OF PLANNING BOARD MINUTES Martin Sidor: We need a motion to approve the Planning Board minutes of December 13, 2010. William Cremers: So moved. James Rich II1: Second. Martin Sidor: Motion made and seconded. Any discussion? All in favor? Ayes. Martin Sidor: Motion carries. Does anyone on the Planning Board wish to put anything in the minutes? Kenneth Edwards: I would like to welcome Jim as our new Planning Board member and also thank Joe Townsend for his work for the last five years and also wish everybody a Happy New Year. Martin Sidor: Thank you. William Cremers: Second. Southold Town Planning Board Page Eleven January 10, 2011 Martin Sidor: All in favor? Ayes. Martin Sidor: Carries. Motion to adjourn? Kenneth Edwards: So moved. Donald Wilcenski: Second. Martin Sidor: Motion made and seconded. Any discussion? All in favor? Ayes. Martin Sidor: Motion carries. There being no further business to come before the meeting, it was ADJOURNED at 6:11 p.m. Respectfully submitted, L(nda Randolph,"-T-ranscribin~ Secretary Martin H. Sidor, Chair RECEIVED FE~ 1 5 ~1 ~ I~'.;~,~ '