HomeMy WebLinkAboutPB-06/13/2011PLANNING BOARD MEMBERS
MARTIN H. SIDOR
Chair
WILLL~VI J. CREMERS
KENNETH L. EDWARDS
JAMES H. RICH III
DONALD J. WILCENStCI
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, June 13, 2011
6:00 p.m.
Martin H. Sidor, Chairperson
William J. Cremers, Member
Kenneth L. Edwards, Member
James H. Rich Ill, Member
Donald J. Wilcenski, Member
Heather Lanza, Planning Director
Brian Cummings, Planner
Alyxandra Sabatino, Planner
Carol Kalin, Secretary
RECEIVED *' ~
JtlL 1 8 2011
z'"/n - ., -.-fl? ."
Sot~holcl 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, July 11,2011 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.
Kenneth 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 Page Two June 13, 2011
PUBLIC HEARINGS
6:00 p.m. - Perillo~ Thomas & Edith - SCTM#1000-145-2-17.1 & 17.2 - This proposed
Lot Line Change will transfer the r.o.w. (the flagpole) for SCTM1000-45-2-17.1 from the
west side to the east side of SCTM 1000-145-2-17.2. Lot 17.2 will decrease in size from
22,457 s.f. to 22,344 s.f. Lot 17.1 will increase from 30,235 s.f. to 30,546 s.f. An area
variance from the ZBA was granted in 2006 for lot area and a zero ft. side yard setback.
The property is located on the south side of Peconic Bay Boulevard at the intersection of
Laurelwood Drive, Mattituck.
Martin Sidor: Anyone in the audience 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.
Patricia Moore: Good evening, I'm the attorney for the applicant, Mr. & Mrs. Perillo. The
description sets forth pretty accurately and concisely what the proposal here is. The
subdivision was approved by both the Zoning Board and the Planning Board back in
1979 and these efforts are to relocated a flag that had originally been located on the
west side. Mr. Perillo has been working on building a garage and the only logical place
for the garage is the west side, which required the relocation of the right-of-way. We are
here to answer any questions and hopefully this can move forward. 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 close the hearing.
William Cremers: Second.
Martin Sidor: Motion made and seconded. Any discussion? All in favor?
Ayes.
Martin Sidor: Motion carries.
Southold Town Planning Board Page Three June 13, 2011
SET PUBLIC HEARINGS
North Fork Community Theater - SCTM#1000-141-4-26 & 32.1 - This proposed Lot
Line Change will increase SCTM#1000-141-04-26 from 0.15 acres to 0.41 acres.
SCTM#1000-141-04-32.1 will decrease from 2.613 acres to 2.35 acres. The property is
located at 12700 Sound Avenue on the south side of Sound Avenue, 197.02 ft. east of
Pacific Street, Mattituck.
Kenneth Edwards: Mr. Chairman, I would like to offer the following resolution:
WHEREAS, this proposed lot line change will increase SCTM#1000-141-04~26 from
0.15 acres to 0.41 acres. SCTM#1000-141~04-32.1 will decrease from 2.613 acres to
2.35 acres; and
WHEREAS, the Mattituck Presbyterian Church is the owner of the properties located at
12700 Sound Avenue, Mattituck, SCTM#1000-141-4-26 & 32.1; and
WHEREAS, on April 15, 2011, the agent, Reza Ebrahimi, Esq., submitted a Lot Line
Modification application for consideration; be it therefore
RESOLVED, that the Southold Town Planning Board sets Monday, July t 1, 2011 at
6:00 p.m. for a public hearing regarding the map dated February 2, 2010, and last
revised on January 14, 2011.
Donald Wilcenski: Second.
Martin Sidor: Motion made and seconded. Any discussion? All in favor?
Ayes.
Martin Sidor: Motion carries.
Lieb Vines, LLC - SCTM#1000-83-3-2.1 - This Site Plan is for the proposed conversion
of an existing 5,569 s.f. agricultural storage building to a wine-tasting room and dry
storage building, and includes a 10,427 s.f. bluestone parking lot and a 1,440 s.f. brick
patio. The property is located at 13050 Oregon Road, Cutchogue.
James Rich Ill: Mr. Chairman, I will offer the following resolution:
WHEREAS, this Site Plan is for the proposed conversion of an existing 5,569 s.f.
agricultural storage building to a wine-tasting room and dry storage building, and
includes a 10,427 s.f. bluestone parking lot and a 1,440 s.f. brick patio; and
Southold Town Planninq Board Pa.qe Four June 13, 2011
WHEREAS, Lieb Vines, LLC is the owner of the property located at 13050 Oregon
Road, SCTM#1000-83-3-2.1; and
WHEREAS, on April 15, 2011, the agent, William Kelly, submitted a site plan application
for consideration; be it therefore
RESOLVED, that the Southold Town Planning Board sets Monday, July 11, 2011 at 6:02
p.m. for a public hearing regarding the site plan dated May 20, 2010.
William Cremers: Second the motion.
Martin Sidor: Motion made and seconded. Any discussion? All in favor?
Ayes.
Martin Sidor:
Motion carries.
Sherwood House Vineyards - SCTM#1000-100-4-5.3 - This Site Plan is for the
proposed construction of two brick patios, one at 160 s.f. and the other 706 s.f. for an
outdoor wine tasting area that will include a 3,888 s.f. gravel parking lot with connecting
paved footpaths. The property is located at 2600 Oregon Road, +/- 460 ft. west of
Elijah's Lane, Mattituck.
Martin Sidor: I will be recusing myself for this one, on advice from Town Counsel.
William Cremers: Mr. Chairman, I will offer the following resolution:
WHEREAS, this site plan is for the proposed construction of two brick patios, one at 160
s.f. and the other at 706 s.f. for an outdoor wine tasting area that will include a 3,888 s.f.
gravel parking lot with connecting paved footpaths; and
WHEREAS, Charles & Barbara Smithen are the owners of the property located at 2600
Oregon Road, Mattituck, SCTM#1000-100-4-5.3; and
WHEREAS, on April 15, 2011, the agent, Patricia C. Moore, Esq., submitted a site plan
application for consideration; be it therefore
RESOLVED, that the Southold Town Planning Board sets Monday, July 11,2011 at 6:04
p.m. for a public hearing on the site plan dated April 6,2011, and last revised on June 1,
2011.
Southold Town Planning Board Page Five June 13, 2011
Kenneth Edwards: Second the motion.
Donald Wilcenski: Motion made and seconded. Any discussion? All in favor?
William Cremers, Kenneth Edwards, James Rich, III, Donald Wilcenski: Ayes.
Donald Wilcenski: Motion carries.
Pindar Vineyard - SCTM#1000-86-1-15 - This Site Plan is for the proposed re-location
of a 3,259 s.f. steel agricultural storage building from an adjacent parcel. The building is
82' x 39', with a height of 15', and will be located 600 ft. north of NYS Rt. 25. The
property is located at 4195 Route 25, 1,132' +/- west of Peconic Lane & NYS Route 25,
Peconic.
Kenneth Edwards: Mr. Chairman, I will offer the following resolution:
WHEREAS, this Site Plan is for the proposed re-location of a 3,259 s.f. steel
agricultural storage building from an adjacent parcel. The building is 82' x 39', with a
height of 15', and will be located 600 ft. North of NYS Rt. 25; and
WHEREAS, Herodotus Damianos is the owner of the property located at 4195 Route
25, Peconic, SCTM#1000-86-1-15; and
WHEREAS, on May 5, 2011, the agent, Pindar Damianos, submitted a site plan
application for consideration; be it therefore
RESOLVED, that the $outhold Town Planning Board sets Monday, July 11,2011 at
6:06 p.m. for a public hearing regarding the site plan dated March 10, 2011.
William Cremers: Second the motion.
Martin Sidor:
Ayes.
Martin Sidor:
Motion made and seconded. Any discussion? All in favor?
Motion carries.
Southold Town Planninq Board Page Six June 13, 2011
Manor Grove Corp. - This proposal is for an 80/60 Conservation Subdivision of a 29.8-
acre parcel into 2 lots where Lot 1 = 0.72 acres (31,450 s.f.) is clustered in the LB Zoning
District, and Lot 2 = 28.74 acres to be preserved as open space in the R-80 & LB Zoning
Districts. The property is located on the northeastern corner of Albertson Lane & Main
Road (S.R. 25) in Greenport. SCTM#1000-53-1-1.2 & 1.3
James Rich III: Mr. Chairman, I will offer the following resolution:
WHEREAS, this proposal is for an 80/60 Conservation Subdivision of a 29.8 acre parcel
into 2 lots where Lot I = 0.72 acres (31,450 s.f.) is clustered in the LB Zoning District
and Lot 2 -- 28.74 acres to be preserved as open space in the R-80 & LB Zoning
Districts; and
WHEREAS, a Sketch Plan Application was submitted on January 28, 2009; and
WHEREAS, the Southold Town Planning Board reviewed the plans at their May 18,
2009 and January 19, 2010 Work Sessions and accepted the application in January for
review; and
WHEREAS, on March 22,2011 and April 6, 2011, revised plans were submitted to the
Planning Board; and
WHEREAS, the Southold Town Planning Board reviewed the revised plans at their April
11,2011 Work Session and found that this application was ready for Sketch Plan
determination; and
WHEREAS, the Southold Town Planning Board granted Sketch Plan Approval for the
map entitled "Manor Grove Corporation Conservation Subdivision", dated February 2,
2009 and last revised April 4, prepared by Nathan Taft Corwin, III, Land Surveyor; be it
therefore
RESOLVED, that the Southold Town Planning Board sets Monday, July 11,2011 at
6:08 p.m. for a public hearing regarding the map dated February 2, 2010, and last
revised on January 14, 2011.
William Cremers: Second the motion.
Martin Sidor: Motion made and seconded. Any discussion? All in favor?
Ayes.
Martin Sidor: Motion carries.
Southold Town Planninq Board Page Seven June 13, 2011
Droskoski & Sepenoski - This proposed Lot Line Change will transfer 13,872 sq. ft.
from SCTM#1000-18-4-7.8 to SCTM#1000-18-4-7.4. SCTM#1000-18-4-7.4 will increase
in size from 38,880 sq. ft. to 52,752 sq. ft. after the proposed lot line change is complete
in the R-80 Zoning District. The properties are located at 27835 NYS Route 25 on the
southwest corner of the intersection of Brown's Hill Road & NYS Route 25, Orient.
Donald Wilcenski: Mr. Chairman, I will offer the following resolution:
WHEREAS, this proposed Lot Line Change will transfer 13,872 sq. ft. from SCTM#1000-
18-4-7.8 to SCTM#1000-18-4-7.4. SCTM#1000-18-4-7.4 will increase in size from
38,880 sq. ft. to 52,752 sq. ft. after the proposed lot line change is complete in the R-80
Zoning District; and
WHEREAS, Patricia Sepenoski and Stanley Droskoski are the owners of the properties
located at 27835 S.R. 25, Orient, SCTM#1000-18-4-7.4 & 7.8; and
WHEREAS, on January 26, 2011, the agent, Harvey A. Arnoff, Esq., submitted a Lot
Line Modification application for consideration; be it therefore
RESOLVED, that the Southold Town Planning Board sets Monday, July 11,2011 at 6:10
p.m. for a public hearing regarding the map dated February 2, 2010, and last revised on
January 14, 2011.
William Cremers: Second.
Martin Sidor: Motion made and seconded. Any discussion? All in favor?
Ayes.
Martin Sidor: Motion carries.
SUBDIVISIONS - FINAL DETERMINATIONS
FIDCO/Fer.quson Museum/Harris - This proposed Lot Line Change will transfer 15,145
s.f. from SCTM#1000-7-1-6.1 to SCTM#1000-7-1-7. Lot 6.1 will decrease from 2.08
acres to 1.71 acres, and Lot 7 will increase from 1.62 acres to 1.97 acres. Further,
SCTM#1000-7-2-10 will transfer 11,640 s.f. to Lot 7, where Lot 7 will increase from 1.62
acres to 2.24 acres, and Lot 10 will decrease from 7.51 acres to 7.24 acres in the R-120
Zoning District. The property is located on a (no #) private road off of East End Road,
Fishers Island.
Southold Town Planninq Board Pa,qe Eight June 13, 12011
Kenneth Edwards: Mr. Chairman, the members of the Board and I wish to recuse myself
because I am on the Fishers Island Museum Board for this action.
Martin Sidor: So noted.
William Cremers: I will offer the following resolution:
WHEREAS, this proposed Lot Line Change will transfer 15,145 s.f. from SCTM1000-7-1-
6.1 to SCTM1000-7-1-7. Lot 6.1 will decrease from 2.06 acres to 1.71 acres, and Lot 7
will increase from 1.62 acres to 1.97 acres. Further, SCTM1000-7-2-10 will transfer
11,640 s.f. to Lot 7, where Lot 7 will increase from 1.62 acres to 2.24 acres, and Lot 10
will decrease from 7.51 acres to 7.24 acres in the R-120 Zoning District; and
WHEREAS, an application for a Lot Line Modification was submitted on October 8, 2010
by Jane M. Harris and The Henry L. Ferguson Museum, Inc. & Fishers Island
Development Corporation for the property located at (no #) private road off East End
Road, Fishers Island, SCTM#1000-7-1-6.1 & 7~1-7 & 7-2-10, R-120 Zoning District; 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, on May 17,2011 the applicant submitted draft deeds 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 will be filed as a page (or pages) in the deed,and those deeds were
found to be acceptable for filing; and
WHEREAS, on June 2,2011, the applicant submitted a Quit-Claim Deed from the owner
of the Tax Map Parcel #1000-7-4-10 relinquishing any claims of access over the portion
of the paper road to be extinguished by this Lot Line Modification; and
Southold Town Planning Board Page Nine June 13, 2011
WHEREAS, the Planning Board has determined that Tax Map Parcel #1000~7-4-10
does not meet the Lot Recognition Code, and is part of the same parcel as Tax Map
Number 1000-7-4-9, also known as the Corbiere parcel on the current FIDCO
subdivision map; 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;
Donald Wilcenski: Second.
Martin Sidor: Motion made and seconded. Any discussion? All in favor?
William Cremers, James Rich III, Martin Sidor, Donald Wilcenski: Ayes.
Martin Sidor: Motion carries.
William Cremers: and be it further RESOLVED, that the Planning Board, pursuant to
SEQRA, hereby makes a determination of non-significance for the proposed Lot Line
Modification and grants a Negative Declaration;
James Rich II1: Second.
Martin Sidor: Motion made and seconded. Any discussion? All in favor?
William Cremers, James Rich III, Martin Sidor, Donald Wilcenski: Ayes.
Martin Sidor: Motion carries.
William Cremers: and be it further RESOLVED, that the Southold Town Planning
Board grants Final Approval on the maps entitled "Jane M. Harris, Henry L. Ferguson
Museum, Inc. & Fishers Island Development Corp." dated March 25, 2010 last revised
October 2, 2010 and prepared by CME Associates Engineering, Land Surveying &
Architecture, PLLC.
Donald Wilcenski: Second.
Martin Sidor: Motion made and seconded. Any discussion? All in favor?
William Cremers, James Rich III, Martin Sidor, Donald Wilcenski: Ayes.
Southold Town Planninq Board Pa.qe Ten June 13, 2011
Martin Sidor: Motion carries.
SUBDIVISIONS - CONDITIONAL FINAL DETERMINATIONS
Batta.qlia, Joseph & Heidi - SCTM#1000-64-3-3 - This proposal is for a standard
subdivision of a 101,022 sq. ft. parcel into two lots where Lot 1 is equal to 43,213 sq. ft.
and Lot 2 is equal to 57,809 sq. ft. in the R-40 Zoning District. The property is located at
1720 Hobart Road, on the w/s/o Hobart Road, approximately 1,059 feet n/o Terry Lane,
Southold.
Donald Wilcenski: Mr. Chairman, I will offer the following resolution:
WHEREAS, this proposal is for a standard subdivision of a 101,022 sq. ft. parcel into two
lots where Lot 1 is equal to 43,213 sq. ft. and Lot 2 is equal to 57,809 sq. ft. in the R-40
Zoning District; and
WHEREAS, an application for Sketch Approval was submitted on November 3, 2008;
and
WHEREAS, on February 23, 2009, the Southold Town Planning Board acting under the
State Environmental Quality Review Act pursuant to 6 NYCRR Part 617, Section 617.7,
established itself as lead agency for the Unlisted Action; and
WHEREAS, on March 11, 2009, the Southold Fire District found "adequate fire
protection" for the parcel; and
WHEREAS, on April 27, 2009, the Southold Town Planning Board resolved to waive the
prohibition on disturbance of existing conditions to allow for the demolition of an existing
barn, and again on June 9, 2009, to allow for the demolition of an existing house and
construction of a new house; and
WHEREAS, the Southold Town Planning Board granted Conditional Sketch Approval on
July 14, 2009 upon the map entitled "Standard Subdivision of Joseph & Heidi Battaglia",
dated May 28, 2008 and last revised April 18, 2009, prepared by Nathan Taft Corwin III,
L.S.; and
WHEREAS, on October 19, 2009, the applicant submitted an application for Preliminary
Approval; and
Southold Town Planninq Board Pa.qe Eleven June 13, 2011
WHEREAS, on January 11,2010, a Preliminary Public Hearing was held and closed on
the Preliminary Subdivision Plat entitled "Standard Subdivision of Joseph & Heidi
Battaglia", dated May 28, 2008 and last revised April 18, 2009, prepared by Nathan Taft
Corwin, III, L.S.; and
WHEREAS, on January 14, 2010, the Suffolk County Water Authority issued a Letter of
Water Availability for the action; and
WHEREAS, on February 8, 2010, the Southold Town Planning Board, acting under the
State Environmental Quality Review Act pursuant to 6 NYCRR Part 617, Section 617.7,
based upon an uncoordinated review of this Unlisted Action made a determination of
non-significance and granted a Negative Declaration; and
WHEREAS, on February 8, 2010, the Southold Town Planning Board granted
Conditional Preliminary Approval upon the Preliminary Subdivision Plat entitled
"Standard Subdivision of Joseph & Heidi Battaglia", dated May 28, 2008 and last revised
April 18, 2009, prepared by Nathan Taft Corwin,.lll, L.S., subject to six (6) conditions;
and
WHEREAS, on February 25, 2010, the Suffolk County Planning Commission issued one
comment on the subdivision relating to the 100' minimum setback required to tidal water
bodies; and
WHEREAS, on August 8, 2010, the Conditional Preliminary Approval granted on
February 8, 2010 expired; and
WHEREAS on September 3, 2010, the Suffolk County Department of Health Services
issued approval for the action; and
WHEREAS, on September 7, 2010, the applicant requested that Conditional Preliminary
Approval be extended; and
WHEREAS, on October 20, 2010, the applicant submitted a Final Application; and
WHEREAS, on February 14, 2011, the Southold Town Planning Board granted an
extension of Conditional Preliminary Approval to August 8, 2011; and
WHEREAS, on April 11,2011, the Southold Town Planning Board held and closed a
public hearing on the plat titled "Final Plat of Joseph & Heidi Battaglia", dated May 28,
2008 dated and last revised October 17, 2010; and
WHEREAS, the Southold Town Planning Board heard numerous concerns from the
community regarding:
Southold Town Planning Board Page Twelve June 13,2011
1. The clearing of vegetation within the clearing limits established by Conditional
Preliminary Plat Approval; and
2. The clearing of areas other than that necessary to achieve the actions outlined in
the waivers granted by the Southold Town Planning Board on April 27, 2009 and
June 9, 2009; and
WHEREAS, the Southold Town Planning Board required the re-vegetation of the cleared
clearing limits/buffer areas established by Conditional Preliminary Plat Approval; and
WHEREAS, the applicant has re-vegetated the area, however, the Planning Board
deemed the planted vegetation in a certain location on Lot 2 as inadequate in height and
density; and
WHEREAS, in a June 3, 2011 letter, the Southold Town Planning Board required that
the applicant install additional evergreen trees 10' in height in the location deemed as
inadequate; and
WHEREAS, to further the intent of §240-49. Clearing: the Southold Town Planning
Board is requiring a perpetual 20' wide natural/landscaped buffer along Hobart Avenue;
therefore, be it
RESOLVED, that the Southold Town Planning Board hereby grants Conditional Final
Approval on the plat entitled "Final Plat of Joseph & Heidi Battaglia" dated May 28,
2008 and last revised October 17, 2010, subject to the following conditions:
1. The following amendments are required to the Covenants and Restrictions submitted
on October 10, 2010:
a. Clause 1. a. Add an exclusion to permit a 4' access path to Town Creek
through the non-disturbance, non-fertilization buffer on Lot 2. Remove the
terms "weeds and invasive vines" from Line 4 replace with "known exotic
invasive weeds and invasive vines". The buffer is a non-disturbance buffer
unless otherwise indicated.
b. Clause 1. b., Line 2: Insert "Approved Final Plat ". The reference to "shade
trees" is too vague; please clarify the intent of the statement.
c. Add survivability language to clause 1. c.: All planted vegetation installed
within the clearing limits as established by the Planning Board on the approved
Preliminary Plat shall be guaranteed to survive for a period of three years from
final acceptance of the planted vegetation by the Planning Board. In the event
that any of the planted vegetation dies, the landowner shall replace such
vegetation at their expense.
Southold Town Planninq Board Pa.qe Thirteen June 13, 2011
d. Add a clause: A 20' wide natural/landscaped buffer running along the property
boundary described as S 26 degrees 25 minutes 00 E seconds for a distance
of 282.61' then S 43 degrees 14 minutes 50 seconds E for a distance of
156.80 feet shall be established. The 20' natural/landscaped buffer is
established in perpetuity. The current and all subsequent landowners of Lots 1
and 2 shall be responsible for maintenance of the perpetual 20'
natural/landscaped buffer area. All planted vegetation within this area shall be
guaranteed to survive for a period of three years. In the event that any of the
planted vegetation dies, the landowner shall replace such vegetation at their
expense. Any changes to trees and shrubs require Planning Board approval.
Add language indicating that the construction of the driveway to Lot 1 be
excluded from the buffer conditions.
e. Add a clause indicating the establishment of a 50' wide x 145.18' long
drainage easement running along the property boundary described as S 35
degrees 05 minutes 00 seconds W.
f. A total of 10 wire friendly street trees shall be installed along the eastern
property boundary. Street trees shall be guaranteed to survive for a three year
period. In the event that the street tree dies, the applicant shall replace such
tree(s) at their expense. All trees shall be installed using acceptable tree
planting standards.
g. Clause 1. d. does not apply to Lot 2. Please amend the clause to apply only to
Lot 1.
h. Add clause: The use of synthetic herbicides, pesticides and/or fertilizers
capable of entering surface or ground waters is prohibited on Lots 1 and 2.
i. Add clause: All utility connections shall be constructed underground.
j. Add clause: Prior to construction activity on any of the lots within the
subdivision, the project will require a General Permit for storm water run-off
from construction activity administered by the New York State Department of
Environmental Conservation Under Phase II State Pollutant Discharge
Elimination System.
k. Add clause: Concrete property boundary monuments shall be required.
Monuments shall be set on the inside corners of outside boundaries of the
land subdivided at each point where there is a change of alignment. Except
where the boundary is a watercourse, the monuments shall be offset in the
line of the adjacent traverse.
Once the changes have been made, submitted and approved by the Planning Board and
the Town Attorney's Office, file the Covenants and Restrictions with the Office of the
Suffolk County Clerk. The Liber and page number recorded shall also be recorded on
each Final Plat.
Southold Town Planning Board Page Fourteen June 131 2011
2. Install additional evergreen trees 10' in height in the buffer area pursuant to the letter
dated June 3, 2011. Upon acceptance by the Planning Board, provide a letter
detailing the location and specification of planted vegetation within the clearing limits
established by the Planning Board on the approved Preliminary Plat. Note this area
would include the perpetual 20' natural/landscaped buffer the Planning Board is
requiring.
Provide the listed Final Plat Amendments on the Final Plat, dated May 28, 2008 &
last revised October 17, 2010:
a. Show a perpetual 20' wide natural/landscaped buffer along Hobart Avenue
running S 26 degrees 25 minutes 00 E seconds for a distance of 282.61' then
S 43 degrees 14 minutes 50 seconds E for a distance of 156.80 feet. Have the
surveyor provide the exact metes and bounds of the buffer on the Final Plat.
The buffer is included within the required clearing limits and maintenance
activities are limited to removal of dead/diseased trees hazardous to life or
property and planting of additional vegetation indigenous to the area.
b. Show the proposed location of the driveway on Lot 1. This area will be located
through the perpetual 20' natural/landscaped buffer conditions and excluded
from the conditions.
c. Clearly show the limit of clearing areas on Lots I and 2 (as shown on the
approved Preliminary Plat). Include the buffer along Hobart Avenue and area
adjacent to the North property boundary. Label the areas "Limit of Clearing".
d. Show an accurate depiction of the new residential structure and driveway on
Lot 2.
e. Show the pine tree rile of the new residential structure on Lot 2.
f. Show a 4' wide access path through the 30' Wide Non-Disturbance\Non-
Fertilization Buffer to access the proposed dock. This area will be excluded
from the 30' Wide Non-Disturbance\Non-Fertilization Buffer conditions.
g. Show a 50' x 145.18' wide drainage easement area along the southerly
property line of lot #2. This area would be dedicated to the Town of Southold
and utilized by the Highway Department for the future installation of drainage
that would reduce the quantity of storm water run-off entering the Town Creek.
h. Show a street tree planting diagram.
Provide a schematic showing the location of the species and specifications of
vegetation planted within the clearing limits and 20' buffer adjacent to Hobart Road.
The plan will be filed with the Office of the Suffolk County Clerk.
Once the changes are made and approved by the Planning Board, please submit 12
paper copies and 4 mylar copies of the final plat with the Suffolk County Department of
Health Services approval stamp.
Southold Town Planninq Board Pa.qe Fifteen June 13, 2011
5. Provide a draft drainage easement for the 50' wide x 145.18' long area the Town is
requesting for storm water control purposes including a metes and bounds
description.
6. Submit a Storm Water Pollution Prevention Plan (SWPPP) to indicate compliance
with the requirements of Town Code Section 236 for Storm Water Management.
7. Submit a $7,000.00 Park and Playground Fee ($7,000.00 per created lot) pursuant to
§ 240-53. Reservation of parkland on subdivision plats containing residential units.
8. Submit a $2000.00 Administration Fee pursuant to §240-37(C) of the Southold Town
Code.
William Cremers: Second the motion.
Martin Sidor: Motion made and seconded. Any discussion? All in favor?
Ayes.
Martin Sidor: Motion carries.
SITE PLAN DETERMINATIONS
Indian Neck Farm - SCTM#1000-98-'1-2.1 & 27.1 and 97-9-10.4 & 12 - This Site Plan is
for a change of use for existing buildings from residential accessory structures to primary
agricultural structures. The buildings include three home barns, two at 5,087 s.f. and one
at 6,885 s.f., and two 12' diameter silos. Buildings proposed to be added include six 12'
X 24' pasture shelters. Also proposed is a 1,243 s.f. apartment on the second floor of
the largest barn for the purpose of living quarters for on-site supervision of the horses
(granted a ZBA special exception approval as a "Farm Labor Camp" in February, 2011)
on a 133+ acre parcel in the A-C Zoning District. The property is located at 4170 Indian
Neck Lane on the s/s/o Indian Neck Lane, 646 feet west of Arrowhead Lane, Peconic.
Southold Town Planninq Board Pa,qe Sixteen June 131 2011
Kenneth Edwards: Mr. Chairman, I will offer the following resolution:
WHEREAS, this site plan is for a change of use for existing buildings from residential
accessory structures to primary agricultural structures. The buildings include three horse
barns, two at 5,087 s.f. and one at 6,885 s.f., and two 12' diameter silos. Buildings
proposed to be added include six 12' X 24' pasture shelters. Also proposed is a 1,243
s.f. apartment on the second floor of the largest barn for the purpose of living quarters
for on-site supervision of the horses (granted a ZBA special exception approval as a
"Farm Labor Camp" in February, 2011) on a 133+ acre parcel in the A-C Zoning District;
and
WHEREAS, the applicant submitted an application for site plan review on February 10,
2011; 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)
(3) "agricultural farm management practices, including construction...of farm buildings
and structures..." and not subject to review under SEQRA; and
WHEREAS, on March 3, 2011, the Planning Board, pursuant to Southold Town Code
§280-131 C., distributed the application to the required agencies for their comments; and
WHEREAS, on March 17, 2011, the Southold Town Architectural Review Committee
reviewed and determined that the proposed building was acceptable; and
WHEREAS, on April 20, 2011, the Southold Fire District determined there was adequate
fire protection and emergency access for the site; and
WHEREAS, on May 26, 2011, the Town of Southold LWRP Coordinator reviewed the
above-referenced project and has recommended the proposed project to be consistent
with Southold Town LWRP policies. The Coordinator noted that the area is included and
identified as an "archeo-sensitive area" by the New York State Preservation Office,
however due to the minimal area of soil disturbance proposed in the construction of the
pasture shelters, the recommendation was to waive the requirement of a archeological
site survey; and
WHEREAS, on June 6, 2011, the Southold Town Engineer reviewed the above-
referenced application and has determined the proposed drainage meets the minimum
requirements of Chapter 236 for Storm Water Management; and
Southold Town Planning Board Pa.qe Seventeen June 13, 2011
WHEREAS, on June 6,2011, the Southold Town Chief Building Inspector reviewed and
certified the proposed Site Plan as a permitted use in the A-C Zoning District; and
WHEREAS, this action is exempt from Suffolk County Planning Commission referral
pursuant to the inter-municipal agreement between the SCPC and the Town of Southold
which states: site plan applications proposing less than 5,000 square feet of new or
renovated floor are or less than 10,000 square feet of land disturbance should not be
subject to referral. This Site Plan is proposing approximately 3,000 square feet of floor
area; 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 the
application is for an agricultural use and part of an active farm operation, is not open to
the public, and the parcel is large in size relative to the proposed and existing structures
(the structures will cover 1.07% of the farm area), leaving a large amount of area to
accommodate any vehicles accessing the site; and
WHEREAS, all applicable requirements of the Site Plan Regulations Article XXIV, §280
- Site Plan Approval of the Town of Southold have been met; be it therefore
RESOLVED, that the Southold Town Planning Board hereby waives the parking
requirements;
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 has determined that this proposed action is consistent with the policies of the
Town of Southold Local Waterfront Revitalization Program;
Donald Wilcenski: Second.
Martin Sidor: Motion made and seconded. Any discussion? All in favor?
Southold Town Planning Board Page Eighteen June 13, 2011
Ayes.
Martin Sidor: Motion carries.
Kenneth Edwards: and be it further RESOLVED, that the Southold Town Planning
Board grants Approval to the Site Plan entitled "Indian Neck Farm" prepared by Barrett,
Bonacci and Van Weele on March 15, 2008 and last revised on March 28, 2011, and
authorizes the Chairman to endorse the Site Plan.
James Rich, II1: Second.
Martin Sidor: Motion made and seconded. Any discussion? All in favor?
Ayes.
Martin Sidor: Motion carries.
APPROVAL EXTENSIONS
GriRonis, Estate of Antone - SCTM#1000-55-'I-5.1 & 55-2-8.5 - This proposal is for an
80/60 clustered Conservation Subdivision on 21.5978 acres of land (SCTM#1000-55-1-
5.1 and 1000-55-2-8.5) into seven (7) lots where Lot 1 = 43,904 sq. ft.; Lot 2 = 40,001
sq. ft.; Lot 3 = 40,604 sq. ft.; Lot 4 = 55,211 sq. ft. inclusive of a 13,364 sq. ff. right-of-
way; Lot 5 = 7.33 acres and is proposed to be preserved through a Sale of Development
Rights to Suffolk County; Lot 6 = 9.45 acres and is proposed to be preserved through a
Sale of Development Rights to Suffolk County; and Lot 7 = 30,000 sq. ft. and will be
dedicated to the Town of Southold for drainage purposes. The property is located at
5410 You ngs Avenue on the west and east sides of Young's Avenue, s/o Old North
Road, Southold.
James Rich, II1: Mr. Chairman, I offer the following resolution:
WHEREAS, this proposal is for an 80/60 clustered Conservation Subdivision on 21.5978
acres of land (SCTM1000-55-1-5.1 and 1000-55-2-8.5) into seven (7) lots, where Lot I =
43,904 sq. ft., Lot 2 = 40,001 sq. ft., Lot 3 = 40,604 sq. ft., Lot 4 = 55,211 sq. ft. inclusive
of a 13,364 sq. ft. row, Lot 5 = 7.33 acres and is proposed to be preserved through a
Sale of Development Rights to Suffolk County, Lot 6 = 9.45 acres and is proposed to be
preserved through a Sale of Development Rights to Suffolk County and Lot 7 = 30,000
sq. ft. and will be dedicated to the Town of Southold for drainage purposes; and
Southold Town Planninq Board Pa.qe Nineteen June 13, 2011
WHEREAS, on March 12, 2007, the Southold Town Planning Board granted Conditional
Sketch Approval upon the map prepared by John T. Metzger, L.S., dated July 12, 2006
and last revised on January 11, 2007; and
WHEREAS, on March 19, 2008, the applicant requested an Extension of Conditional
Sketch Approval; and
WHEREAS, on April 14, 2008, the Southold Town Planning Board granted an Extension
of Conditional Sketch Approval from September 12, 2007 to September 12, 2008 on the
map, prepared by John T. Metzger, L.S., dated July 12, 2006 and last revised on
January 11, 2007; and
WHEREAS, on September 12, 2008, the Extension of Conditional Sketch Approval
expired; and
WHEREAS, on December 12, 2008, the applicant submitted a request for a second six
(6) month Extension of Conditional Sketch Approval; and
WHEREAS, on December 19, 2008, drinking water test results were made available to
the applicant and the Town of Southold; and
WHEREAS, on May 19, 2009, the Town of Southold adopted Resolution 2009-418
approving the amendment to the water map and allowing for an extension of the water
main from Old North Road to provide public water to the proposed three residential lots
on Youngs Avenue; and
WHEREAS, the applicant has received all necessary approvals from all involved private
parties (devisees referenced above); and
WHEREAS, on July 13, 2010, the Southold Town Planning Board agreed to re-issue
Conditional Sketch Approval for the following reasons:
1) The applicant was awaiting drinking water test results from the Suffolk County
Department of Health Services.
2) The applicant was awaiting a response from the Town of Southold regarding a
request to extend the public water main to the proposed 3 lots being created
as part of this Conservation Subdivision.
3) The applicant was working with seven other devisees named in the Last Will
and Testament for Antone Grigonis on approvals from those devisees for
moving forward with the proposed Conservation Subdivision; and
Southold Town Planning Board Pa.qe Twenty June 13, 2011
WHEREAS, on July 13, 2010, the Southold Town Planning Board re-issued Conditional
Sketch Approval on the map entitled "Cluster Conservation Subdivision For The Property
Of The Estate Of Antone Grigonis" prepared by John T. Metzger, L.S., dated July 12,
2006 and last revised on January 11,2007; and
WHEREAS, on June 6, 2011, the applicant submitted a request to the Southold Town
Planning Board to extend Conditional Sketch Approval for six (6) months; be it therefore
RESOLVED, that the Southold Town Planning Board hereby extends Conditional
Sketch Approval for a period of six (6) months from the date of this resolution to
December 13, 2011.
Donald Wilcenski: Second.
Martin Sidor: Motion made and seconded. Any discussion? All in favor?
Ayes.
Martin Sidor: Motion carries.
Matt-A-Mar Marina Expansion LLC - SCTM#1000-114-3-1 - This amended Site Plan is
for a new boat storage building of 28,480 sq. ft. and a new 2-story office of 6,778 sq. ft.
on an 8.5-acre parcel in the M-II Zone located on the w/s/o Wickham Avenue
approximately 210' n/o Freeman Avenue, known as 2255 Wickham Avenue in Mattituck.
Donald Wilcenski: Mr. Chairman, I will the following resolution:
WHEREAS, this site plan is for a new boat storage building of 28,480 sq. ft. and a new
2-story office with storage of 5,738 sq. ft. on an 8.5-acre parcel in the M-II Zone located
approximately 210' n/o Freeman Avenue, on the w/s/o Wickham Avenue, known as 2255
Wickham Avenue, Mattituck, SCTM#1000-114-3-1; and
WHEREAS, Matt-A-Mar Marina, LLC, is the applicant and owner of the 8.5-acre parcel in
the M-II Zone located approximately 210' n/o Freeman Avenue, on the w/s/o Wickham
Avenue, known as 2255 Wickham Avenue, Mattituck; and
WHEREAS, on February 14, 2006, the Southold Town Planning Board granted approval
on the site plan prepared by East End Design Associates, LLC and certified by James J.
Deerkoski, Professional Engineer, dated January 18, 2004 and last revised January 9,
2006; and
Southold Town Planninq Board Pa.qe Twenty-One June 13, 2011
WHEREAS, in a letter, dated September 10, 2008, the agent, Patricia Moore, Esq.,
requested an extension of site plan approval; and
WHEREAS, on September 23, 2008, the Southold Town Planning Board granted an
extension to the Final Approval from February 9, 2009 to August 9, 2009; and
WHEREAS, in a letter dated June 6, 2009, the agent, Patricia Moore, Esq., requested an
additional extension of site plan approval; and
WHEREAS, on July 14, 2009, the Southold Town Planning Board granted an extension
to the Final Approval from August 9, 2009 to February 9, 2010; and
WHEREAS, in a letter dated January 7, 2010, the agent, Patricia Moore, Esq., requested
an additional extension of Site Plan Approval; and
WHEREAS, on February 8, 2010, the Southold Town Planning Board granted an
Extension of Approval from February 9, 2010 to February 9, 2011 on the Site Plan
prepared by East End Design Associates, LLC and certified by James J. Deerkoski,
Professional Engineer, dated January 18, 2004 and last revised January 9, 2006; and
WHEREAS, in a letter dated April 20, 2011, the agent, Patricia Moore, Esq., requested
an additional one year extension of Site Plan Approval; therefore, be it
RESOLVED, that the Southold Town Planning Board grants an Extension of Site Plan
Approval from February 9, 2011 to February 9, 2012 on the site plan prepared by East
End Design Associates, LLC and certified by James J. Deerkoski, Professional
Engineer, dated January 18, 2004 and last revised January 9, 2006.
William Cremers: 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 May 9,
2011.
Southold Town Planninq Board Pa.qe Twenty-Two June 13, 2011
William Cremers: So moved.
Donald WiIcenski: Second.
Martin Sidor: Motion made and seconded. Any discussion? All in favor?
Ayes.
Martin Sidor: Motion carries.
Martin Sidor: Does anyone on the Planning Board or staff wish to put anything on the
Minutes? Hearing none, do I have a motion to adjourn?
William Cremers: So moved.
James Rich, II1: Second.
Martin Sidor: Motion made and seconded. Any discussion? All in favor?
Ayes.
Martin Sidor: Motion carries. Meeting is ended.
There being no further business to come before the meeting, it was ADJOURNED at
6:18 p.m.
Respectfully submitted,
Martin H. Sidor, Chair
RSCEIVED
JUL 1 8 2011
Id Town Clerk