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HomeMy WebLinkAboutPB-05/09/2011PLANNING BOARD MEMBERS MARTIN H. SIDOR Chair WILLIAM J. CREMERS KENNETH L. EDWARDS JAMES H. RICH III DONALD J. WILCENSKI PLANNING BOARD OFFICE TOWN OF SOUTHOLD 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 Present were: PUBLIC MEETING MINUTES Monday, May 9, 2011 6:00 p.m. 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 Mark Terry, Principal Planner Brian Cummings, Planner Trainee Alyxandra Sabatino, Planner Trainee Carol Kalin, Secretary RECEIVED ~ '~'~'~ t i : oo f~ ~4 JUN 1 5 2011 Southolc~ Town Clerk SETTING OF THE NEXT PLANNING BOARD MEETING Martin Sidor: Good evening, and welcome to the Southold Town Planning Board's regularly-scheduled monthly Public Meeting. Our first order of business is to set Monday, June 13, 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. Kenneth Edwards: Second. Southold Town Planninq Board Page Two May 9,2011 Martin Sidor: Motion made and seconded. Any discussion? All in favor? Ayes. Martin Sidor: Motion carries. PUBLIC HEARINGS 6:00 p.m. - Conway, Joseph & Margaret - This proposed lot line change will transfer 3.3 acres from a 34.2-acre parcel to an adjacent one-acre parcel. SCTM#1000-54-7- 21.1 will be 30.9 acres. SCTM#1000-54-7-21.2 will be 4.3 acres. The Town of Southold will purchase the 30.9 acres for farmland preservation. The property is located at the west side of Horton Lane, at the intersection of Horton Lane & Old North Road, Southold. SCTM#1000-54-7-21.1 & 21.2 Martin Sidor: Anyone who wishes to address the Planning Board regarding this application, please step forward, state your name and address, and write your name and address for the record. Garrett A. Stran.q, Architect, office at 1230 Travelers Street, Southold: Good evening. I'm here on behalf of the Conways. I think our application is pretty much complete at this point. We have made submittals of all the amended and most current maps. We've also submitted the Health Department approval of this, and believe we have addressed all of the issues that the Planning Board may have. If there are any questions, certainly I will be happy to address them this evening. Martin Sidor: Anyone from the Board? Anyone else from the audience who wishes to address the Planning Board regarding this application, please step forward. Hearing none, what is the Board's favor? William Cremers: Mr. Chairman, I would like to 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. Southold Town Planninq Board Pa.qe Three May 91 2011 Garrett Stran.q: Thank you. Have a good evening. Kenneth Edwards: Mr. Chairman, I would like to offer the following resolution: WHEREAS, this proposed lot line change will transfer 3.3 acres from a 34.2 acre parcel to an adjacent 1 acre parcel; SCTM1000-54-7-21.1 will be 30.9 acres; SCTM1000-54-7- 21.2 will be 4.3 acres. The Town of Southold will purchase the 30.9 acres for farmland preservation; and WHEREAS, an application for a Lot Line Modification was submitted on August 24, 2010 by Joseph A. and Margaret Conway for the property located at the west side of Horton Lane, at the intersection of Horton Lane & Old North Road, Southold, SCTM#1000-54-7-21.1 & 21.2, in the A-C Zoning District; and WHEREAS, on November 15, 2010, the Southold Town Planning Board, acting under the State Environmental Quality Review Act, performed and made a determination of non-significance and granted a Negative Declaration; and WHEREAS, the Southold Town Planning Board, pursuant to Town Code §240-56 Waivers of Certain Provisions, may waive certain elements of the subdivision review if in its judgment they are not requisite in the interest of the public health, safety and general welfare. After reviewing the information submitted for this application, the Planning Board has determined that it is eligible for a waiver of the ERSAP, the Primary and Secondary Conservation Area Plan, and the Sketch Plan and Preliminary Plat steps of the subdivision process for the following reasons: 1. No new lots are being created. 2. The lots involved are either already developed or are being preserved as open space. 3. No changes will occur as a result of this Lot Line Change that would affect the character of the neighborhood; and WHEREAS, the Planning Board has determined that the proposed action meets the necessary requirements of Town Code §240 for a Lot Line Modification; be it therefore RESOLVED, that the Planning Board hereby waives the requirements of §240 to submit the ERSAP, Primary and Secondary Conservation Plans, Sketch Plan and Preliminary Plat steps; William Cremers: Second. Southold Town Planninq Board Pa.qe Four May 9, 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 grants Conditional Final Approval on the maps entitled "Re-Subdivision (Lot Line Change) for Julia Conway" dated August 1, 2001 and last revised April 30, 2011, prepared by Garrett A. Strang, Architect, subject to the following condition: Submit draft deeds (prior to filing with Suffolk County) that contain the following: a. a reference to this Planning Board approval of the Lot Line Modification; and b. a schedule (or schedules) with legible illustrations of the lot line changes made and that wi#be filed as a page (or pages) in the deed. Donald Wilcenski: Second. Martin Sidor: Ayes. Martin Sidor: Motion made and seconded. Any discussion? All in favor? Motion carries. 6:02 p.m. - James Creek Landing - This proposal is to subdivide a split-zoned parcel into five lots where Lot 1 = 89,257 sq. ft. inclusive of a 44,604 sq. ff. Open Space Easement Area; Lot 2 = 90,713 sq. ft. inclusive of a 50,351 sq. ft. Open Space Easement Area; Lot 3 = 237,667 sq. ft. inclusive of a 57,878 sq. ft. Open Space Easement Area; and Lot 4 = 159,987 sq. ft. inclusive of a 75,152 sq. ft. Open Space Easement Area in the R-80 Zoning District. Lot 5 = 77,747 sq. ft. inclusive of 14,596 sq. ff. of Open Space Easement Area and is located in the B Zoning District. The property is located on the west side of Main Road, approximately 280' south of New Suffolk Avenue in Mattituck. SCTM#1000-122-3-1.4 Martin Sidor: Anyone who wishes to address the Planning Board regarding this application, please step forward, state your name and address, and write your name and address for the record. Southold Town Planninq Board Pa.qe Five May 9,2011 Tina Roache, 600 Johns Road, Mattituck: Basically, just my questions is that this is all in a flood zone. I want to know how that's going to affect me on Johns Road. My property has flooded already and now if you give this subdivision and you raise the elevation for these houses, it just feeds the water into my property. Martin Sidor: I think that's been marked by .... Mark Terry: It's under the Building Department regulation. The first floor of the elevation of the home has to be set at a certain elevation. About them raising the grade to build these lots... Martin Sidor: Is there a map available, Mark? Mark Terry: I have a map right here. Martin Sidor: Is there a map outside? Mark Terry: There should be. (off-mike discussion among Mark Terry and Planning Board members) Martin Sidor: Your location is where? Tina Roache: I'm Lot #23 where it shows "Private Road". The parcel next to me, 25.2, it shows a right-of-way between us, but there is no right-of-way. That property has already been elevated 11-1/2 feet to accommodate the house that's on that property. Martin Sidor: So you're saying that your flooding is coming from .... Tina Roache: It comes from behind my house and it also comes around from the side, so it hits it in two places. But by raising everything up, you're definitely going to funnel everything--it's got no place else to go except right down there. (Mark Terry & Martin Sidor off-mike discussion) Martin Sidor: Thank you. We will be looking into that. Tina Roache: Thank you. Martin Sidor: Thank you. Is there anyone else in the audience who wishes to address the Planning Board regarding this application? Please. Southold Town Planninq Board Pa,qe Six May 9, 2011 Bob Finora: I live directly across from said property. My question is: will all these lots have water rights? Martin Sidor: Yes. Bob Finora: I know there was a proposal for a dock awhile back. It protruded pretty well into the creek. I don't know if it is still on the Board or is it still being proposed? Martin Sidor.: Yes. Bob Finora: That's a separate issue? Martin Sidor: That is an ongoing issue; it will be part of the site plan process. Bob Finora: That will be approved by the Trustees? Martin Sidor: Yes. Bob Finora: So it has nothing to do with this hearing then? Because my concern is: with five lots, every home on that creek has at least two boats--a minimum of two boats. With five lots-two boats per lot--you're going to have ten boats across there. I live directly across and I think it's going to create congestion. I think it should be looked into. Trustees should take a very close look at what type of dockage they are going to allow for these parcels. That's my main concern. Martin Sidor: Good point that will be taken into.., we will discuss this. Yes? Donald Wilcenski: As part of Mark's LWRP, we try and limit as many docks as possible, and that will be part of the process. Bob Finora: It will go through the Trustees, though, right? Donald Wilcenski: Yes. Martin Sidor: Thank you. Anyone else wishing to address the Planning Board? Marcus Mercurio, 675 East Legion Avenue, Mattituck: I also live directly across from the lot. My question is more of a technical question just on the description here on the notice we received. Point #3 said the property which is the subject of this application is located in the R-80 and B Zoning Districts. Martin Sidor: Split zone, yes. Southold Town Planning Board Pa,qe Seven May 9, 2011 Marcus Mercurio: I have a copy of the bulk schedule for residential zoning districts and R-80 is defined as lot size minimum requirement for one-family detached dwelling of 80,000 square feet. None of the five Jots that are discussed meet that 80,000 minimum. Is that a definition of the entire lot size and then you're subdividing that? I'm just trying to understand what the definition is. Martin Sidor: I can read you out the lot area calculations: it's clustered, so Lot #1 is 89,000 sq. ft. and the open space easement is 44,000 sq. ft. Out of that 89,000 sq. ft. is also 5,600 sq. ft. of wetland area. 89,000 minus 5,600 gives a total of 83,400 buildable area on Lot #1. Marcus Mercurio: So Lot #1 the 40,686 that's the difference? Martin Sidor: That's right. Lot #2 would be 90,000 and change minus 10,000 = 80,000 and Lot #3 is 237,000 so it does come down to the end. Marcus Mercurio: OK. Thank you. Martin Sidor: Anyone else in the audience wishing to address the Planning Board? Hearing none ..... Donald Wilcenski: I make a motion to close the hearing. William Cremers: Second. Martin Sidor: Motion made and seconded. Any discussion? All in favor? Ayes. Martin Sidor: Motion carries. 6:04 p.m. - Southwold Manor - This amended residential site plan is for the proposed construction of an age-restricted (55+) condominium community of 27 dwelling units, consisting of eight (8) residential multiple dwelling buildings, four buildings with a footprint of 7,573 s.f., and four with a footprint of 7,695 s.f. Each building contains three units ranging in size from 2,700 s.f. to 2,958 s.f. The amended site plan also includes the conversion of an existing single-family residence into three (3) affordable housing units, one at 891 s.f., and two at 1,121 s.f., a 370 s.f. detached garage, a two-story, 2,246 s.f. amenities building and a swimming pool and deck area covering 2,887 s.f. on a 6.75-acre parcel located on the north side of Main Road, approximately 829' east of Boisseau Avenue in Southold. SCTM#1000-63-3-15 Southold Town Planninq Board Pa.qe Ei,qht May 9, 2011 Martin Sidor: I will read a prepared statement from Counsel: "The Planning Board has received correspondence from the applicant that it will not participate at the hearing. In addition, the applicant did not serve or post the public notice as required under the Code. The Planning Board has notified the applicant that based on the foregoing, it has no alternative but to deem the application as withdrawn. As a result, there will be no public hearing. Any future plans to develop this property would be subject to public hearing and would require public notices as provided for in our Code." CONSERVATION SUBDIVISIONS, STANDARD SUBDIVISIONS, RE- SUBDIVISIONS (Lot Line Changes) Conditional Final Extensions: Southview Preserve - This proposal is to subdivide a 14.54-acre parcel into three lots where Lot I equals 44,735 sq. ft., Lot 2 equals 37,343 sq. ft. and Lot 3 equals 42,470 sq. ft., with the remaining 11.53 acres of the property to be preserved as open space. The property is located on the s/s/o Main Bayview Road, approximately 900' e/o Cedar Drive in Southold. SCTM #'s 1000-87-5-21.7, 21.9, 21.10, 21.11, 21.12 & 21.13 James Rich: Mr. Chairman, I will offer the following resolution: WHEREAS, this proposal is to subdivide a 14.54-acre parcel into three lots where Lot 1 equals 44,735 sq. ft., Lot 2 equals 37,343 sq. ft. and Lot 3 equals 42,470 sq. ft., with the remaining 11.53 acres of the property to be preserved as open space; and WHEREAS, on March 29, 2010, the Southold Town Planning Board reviewed and accepted the finalized Open Space Easement; and WHEREAS, on April 12, 2010 (amendment on May 11,2010), the Planning Board granted Conditional Final Approval for the action; and WHEREAS, on April 12,2011, the applicant's agent submitted a letter petitioning the Planning Board to extend Conditional Final Approval; and WHEREAS, § 240-25: Final plats not in substantial agreement with approved preliminary plats, or when no preliminary plat is required, (C) states: Southold Town Planninq Board Page Nine May 9, 2011 Conditional approval of final plat. Conditional approval does not qualify the final plat for recording or authorize issuance of building permits prior to the recording of the plat in the County Clerk's office. The applicant shall have 180 days from the adoption of a resolution of conditional approval to meet the conditions. The Planning Board may extend this time for no more than two additional periods of 90 days each. The conditionally approved final plat shall not be filed until all conditions have been met; and WHEREAS, three hundred and eighty (380) days have passed to May 10, 2011; therefore be it RESOLVED, that the Southold Town Planning Board hereby DENIES the Extension of the Conditional Final Approval granted on April 12, 2010 (amended on May 11, 2010) on the map prepared by Victor Bert, P.E. and Paul Racz, L.S. of Nelson and Pope dated January 18, 2006 and last revised on October 9, 2009. William Cremers: Second. Martin Sidor: Motion made and seconded. Any discussion? All in favor? Ayes. Martin Sidor: Motion carries. Setting of Final Hearings: Perillo, Thomas & Edith - This proposed lot line change will transfer 3,887 sq. ft. (the flagpole) of SCTM#1000-45-2-17.1 to SCTM#1000-145-2-17.2. Lot 17.1 will decrease from 30,235 sq. ft. to 26,348 sq. ft., and Lot 17.2 will increase from 22,457 sq. ft. to 26,344 sq. ft. An area variance from the ZBA was granted in 2006 for Lot 17.1 to become more non-conforming in the R-40 Zone. The property is located on Peconic Bay Boulevard in Mattituck. Donald Wilcenski: Mr. Chairman, I will offer the following resolution: WHEREAS, an application for approval of a lot line modification was submitted on September 1, 2010 by Patricia C. Moore, Esq., as agent for the owners of the property located on Peconic Bay Boulevard in Mattituck, SCTM#1000-145-2-17.1 & 17.2, in the R-40 Zoning District; and Southold Town Planninft Board Page Ten May 9, 2011 WHEREAS, this proposed lot line modification will transfer 3,887 sq. ft. (the flagpole) of SCTM#1000-45-2-17.1 to SCTM#1000-145-2-17.2; Lot 17.1 will decrease from 30,235 sq. ft. to 26,348 sq. ft., and Lot 17.2 will increase from 22,457 sq. ft. to 26,344 sq. ft. An area variance from the ZBA was granted in 2006 for Lot 17.1 to become more non- conforming in the R-40 Zone; be it therefore RESOLVED, that the Southold Town Planning Board sets Monday, June 13, 2011 at 6:00 p.m. for a public hearing at the Southold Town Hall regarding the map dated August 25, 2010 prepared by Wallace T. Bryan, US. 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. Sketch Determinations: Bull, Priscilla - This 75/75 conservation subdivision proposal will subdivide a 19.52- acre parcel into 3 lots where Lot 1 = 2 acres, Lot 2 = 3 acres (including a 1.66-acre Right of Way) and Lot 3 = 14.44 acres of preserved agricultural land - the Development Rights were sold to Suffolk County. The property is located on the northeast corner of Main Road (NYS Route 25) and Terry Lane in Orient. SCTM#1000-20-1-1.4 & 1.5 William Cremers: Mr. Chairman, I will offer the following resolution: WHEREAS, this 75/75 conservation subdivision proposal will subdivide a 19.52~acre parcel into 3 lots, where Lot 1 = 2 acres, Lot 2 = 3 acres (including a 1.66-acre Right of Way) and Lot 3 = 14.44 acres of preserved agricultural land - the Development Rights were sold to Suffolk County; and WHEREAS, on March 11,2011, an application for Sketch Approval was submitted including the Sketch Plan prepared by Robert Brown, Land Design, dated February 16, 2011; and WHEREAS, on March 28, 2011, the Planning Board accepted the proposed Conservation Subdivision Application for review; and Southold Town Planning Board Pa.qe Eleven May 9, 2011 WHEREAS, the Planning Board performed an uncoordinated review of this Unlisted Action pursuant to 6 NYCRR Part 617, Section 617.7 of the State Environmental Quality Review Act (SEQR); and WHEREAS, the Planning Board has found that the application meets all the requirements of the Town Code for Sketch Plan; be it therefore RES©LVED, that the Southold Town Planning Board, pursuant to SEQR, hereby makes a determination of non-significance for the proposed Conservation Subdivision 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. William Cremers: and be it further RESOLVED, that the Southold Town Planning Board hereby grants Sketch Approval on the map prepared by Robert Brown, Land Design, dated February 16, 2011. 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 April 11, 2011. William Cremers: So moved. Donald Wilcenski: Second. Martin Sidor: Motion made and seconded. Any discussion? All in favor? Southold Town Planninq Board Page Twelve May 9, 2011 Ayes. Martin Sidor: Motion carries. Martin Sidor: Do I have a motion to adjourn? Kenneth Edwards: So moved. Donald Wilcenski: Second. Martin Sidor: Motion made and seconded. Any discussion? All in favor? Ayes. Martin SJdor: Motion carries. There being no further business to come before the meeting, it was ADJOURNED at 6:31 p.m. Respectfully submitted, Linda Randolpl/~', ~anscribi~0~I Sec,~tary Martin H. Sidor, Chair RECEIVED ~- ~'-~ Z~N 1 5 2011 Southold Town Clerk