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HomeMy WebLinkAboutPB-07/11/2011PLANNING 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 PUBLIC MEETING MINUTES Present were: Monday, July 11, 2011 6:00 p.m. Martin H. Sidor, Chairperson William J. Cremers, Member Kenneth L. Edwards, Member Donald J. Wilcenski, Member Heather Lanza, Planning Director Mark Terry, Principal Planner Alyxandra Sabatino, Planner Carol Kalin, Secretary RECEIVED AUG 9 2011 · 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, August 8, 2011 at 0 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. Martin Sidor: Motion made and seconded. Any discussion? All in favor?. Ayes. Martin Sidor: Motion carries. Southold Town Planning Board Page Two July 111 2011 PUBLIC HEARINGS 6:00 p.m. - North Fork Community Theater - 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 s/s/o Sound Avenue, 197.02 ft. e/o Pacific Street in 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. Karen Hoeq from the Law Firm of Twomey, Shea in Riverhead, NY. We represent the applicant, North Fork Community Theater, which is a contract vendee for the purchase of Lot #26 from the Mattituck Presbyterian Church. North Fork Community Theater presently occupies the building pursuant to a lease agreement which is set to expire in 2012. The Mattituck Presbyterian Church is the owner of Lot #32.1 which is contiguous to Lot #26. The application presented is for the re-subdivision lot line modification to increase the area of Lot #26 from 6,683 sq. ft. to 17,964 sq. ft., creating a Lot #1. The area of Lot #32.1 will decrease from 113,809 sq. ft. to 102,528 sq. ft., thereby creating Lot #2 as shown on a survey that was submitted by NateTaft Corwin dated January 14. To create Lot #1 and Lot #2, it is proposed that two new lot line boundaries be created on the east and west side of Lot #26, the proposed Lot #1. Because the North Fork Community Theater intends to remain in their current existing location, and due to the close proximity of various gravesites existing on the property of the church, it was not possible to create a more conforming lot than what we are able to. An application for final (inaudible) was submitted to the Zoning Board of Appeals for variances for lot line setbacks on the east and west sides of Lot #1. On April 20, the Zoning Board of Appeals granted the lot area variance as well as the side and rear yard setback variances. A copy of the Zoning Board's decision was submitted to the Planning Department on April 27. Martin Sidor: Thank you. Does the Board have any questions? 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 we close the hearing. William Cremers: Second. Martin Sidor: Motion made and seconded. Any discussion? All in favor? Ayes. Southold Town Planning Board Page Three July 11, 2011 Martin Sidor: Motion carries. 6:02 p.m. - Lieb Vines, LLC - 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. SCTM#1000-83-3-2.1 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. Bill Kelly representing the owner, Mark Lieb: We don't really have any questions, I don't think, and we are open to your questions as far as the site plan goes. We have gone through your comments from the Work Session and don't have any major issues with most of that as discussed earlier (inaudible). Martin Sidor: Good. Any questions from the Planning Board? Heather Lanza: Do you intend to hold outdoor special events at the site? Bill Kelly: There is no intent to hold special events. Mark Lieb's daughter's wedding, possibly, or something like that. The patio area is primarily going to be used just for open tasting. Mark's whole idea here is there's a lot of traffic that comes down Oregon Road that ends up at his house and wanting to do a wine tasting. He would prefer that they have someplace else they could stop and accommodate them. That's primarily it. We would not do anything that's not permitted under the Code. As far as what's allowed, we want to be able to do what's allowed. We don't want to be segregated out of that. Heather Lanza: The other thought that we had was that building is actually quite large for the site. Do you expect that there will be any expansion of a tasting room into the storage area? Bill Kelly: No, it actually really can't because that's a bonded area. The building was there long before the idea of making a tasting room. The building accommodated both farm equipment storage as well as the bonded case storage area, which is allowed. The building has been built in the back on the ag reserve parcel to accommodate the agricultural storage part. So what we are proposing, that would be the end of it. There is really no more room to do anything else. I think we have actually extended as much as we could. But the bonded room in the back-the storage area in the back--is a bonded room and we cannot go into that. Southold Town Planninq Board Pa,qe Four July 11,2011 Heather Lanza: OK. Martin Sidor: Any other questions from the Board? Anyone else in the audience wishing to address the Planning Board regarding this application? Ken Euring, 280 Wavecrest Lane, Mattituck: I live northwest of that area. It's been all farmland, residential houses and we are being told by the Town they want to keep it for agricultural. In the past couple of years, the wineries have events there up to 12:00. I'm almost a mile away, and the noise is horrendous. Not all the time. You call their number, nobody answers. They can't hear. It's out of hand. If we open the door up to this.., let him put it on the Main Road, not on Oregon. You're familiar with Oregon, how nice it is to travel, it's a country road. We've seen so many limousines going down there back and forth. They're lined up to pull into the parking lot. It's no longer a country road. You have a bunch of people--I'm one of the directors of the association up there--and we're strongly against it. Martin Sidor: Does anyone else from the audience wish to address the Board on this? Abi.qail Wickham: I also represent Lieb Vines. If I am not mistaken, the gentleman who just spoke--is it Wavecrest in Mattituck? Could I ask that? I just want the record to reflect that his comments, while pertinent to many wineries, are not pertinent to this particular application. Mr. Lieb, who lives close to this, is certainly aware of the concerns and he is in farming, he is in agriculture, he has helped preserve some of the character of Oregon Road and would hope to continue to do that. Thank you. Martin Sidor: Thank you. Anyone else wishing to address the Planning Board on this application? Anyone on the Board have any questions? Kenneth Edwards: I'd like to offer 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: Southold Town Planninq Board Page Five July 11,2011 WHEREAS, This Site Plan is for the proposed conversion of an existing 5,569 sq. ft. agricultural storage building to a wine-tasting room and dry storage building, and includes a 10,427 sq. ft. bluestone parking lot and a 1,440 sq. ft. brick patio; and WHEREAS, the applicant submitted an application for Site Plan review on April 15, 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) (2) "... rehabilitation or re-construction of a structure or facility, in kind, on the same site"; be it therefore RESOLVED, that the Southold Town Planning Board has determined that this proposed action is a Type II Action and not subject to review under SEQRA. William Cremers: Second. Martin Sidor: Motion made and seconded. Any discussion? All in favor? Ayes. Martin Sidor: Motion carries. 6:04 p.m. - Sherwood House Vineyards - This Site Plan is for the proposed construction of two brick patios, one at 160 sq.ft, and the other 706 sq.ft, for an outdoor wine tasting area that will include a 3,888 sq.ft, gravel parking lot with connecting paved footpaths. The property is located at 2600 Oregon Road, +/- 460 ft. w/o Elijah's Lane in Mattituck. SCTM#1000-100-4-5.3 Martin Sidor: I will be recusing myself and thereby turning this hearing over to our Vice Chairman, Donald Wilcenski. Donald Wilcenski: At this time, I would ask if anyone would like to speak to the Board, please state and write your name and address for the record. Patricia Moore: I'm here on behalf of Sherwood House Vineyards, Dr. & Mrs. Smithen. What I have given you is a packet--I won't be quite as brief as your other hearings. I'm sorry but I think that for the record I want to make sure that everything is included. What we have is we've responded to a letter dated June 29 prepared by your planning staff requesting certain changes to our site plan. The site plan is out in the hallway, we Southold Town Planninq Board Page Six July 11,2011 have modified and included many of the comments and points and changes that have been requested. First and foremost, I'd like to address the parking. Let me back up. Sherwood House Vineyard runs an outdoor seasonal tasting area. There are no structures and, aside from the storage shed, it is all (inaudible) during the season during daylight hours for the most part, and it is about as inocuous a use as could be expected as a wine tasting area. They have been operating this open air tasting for the last 12 years and it is on part of the same property we are relocating it to Oregon Road, as you know, at the request of Land Preservation. I reserve my rights with respect to the argument of whether or not it can be done on development rights land, but rather than go to court and deal with that argument, my client agreed to come in with this site plan application to bring it over to the non-development rights portion of the property. In order to do that, the Board wanted us to get site plan approval. We received a letter that asked us to provide at least 35 parking spaces. At the work session, Bill appeared on my behalf and what we discovered is that in order to come up with that many parking spaces, you would actually have to be site planning a 7,000 sq. fl. building. That is clearly not what we are doing here--we have a few square feet of outdoor tasting area. In addition, I looked at other facilities. Two, for example, where I looked to see what was a 35-36 parking spaces and what instances were those number of parking spaces required, I found some Town records that the Christina Vineyard-~ now Macari--has 36 parking spaces. That was based on a 5,000 sq. ft. winery building and a little over 2,400 sq. ft. tasting room. A second example is Bidwell Winery with 33 parking spaces. That was a site plan based on a 7,000 sq. ft. winery and a 2,000 sq. ft. tasting area. Given the historic calculations of parking, the request being made in that letter seemed highly irrational and unreasonable. Nevertheless, we tried to make as many concessions and we tried to provide as much conformity as we could. So what we did is we showed the parking area--you have it in your packet--a color rendering. I have a larger version. I apologize that it's a little small, but you should be able to see the areas pretty clearly. What we did is we showed the parking of nine spaces along the west side of the property, with a handicapped space--all compliant with handicap code--also compliant with drainage. We also show the 25' setback from the road and compliance with the entrances and so on. We have provided a site plan that shows nine spaces, one of which is handicap accessible. We have also identified on this site plan parking of an additional nine spaces, for a total of 18 spaces on site. Those spaces I would suggest would be more appropriately land-banked rather than improved, because the whole business philosophy of Sherwood House is a garden setting-- natural, open--less is more. And that has been the way that they have been functioning for the number of years that they have been in operation. To build out more parking in this site would change the look that they would prefer to emphasize on this property. Can they do it? Yes. Will they? If they are told "you must", they are certainly willing to do it. Does it make sense? Is it appropriate? I would urge you to reconsider and not require development of more parking than really is necessary. Southold Town Planninq Board PaRe Seven July 11,2011 In addition to dealing with the issue of parking, the letter asked us to get a legally- binding lease, which we were able to get. We had something in writing from our neighbor, Robert Roehl. I prepared a lease and it is submitted as part of the packet. I obviously deleted the rent and the liability insurance coverage because it is a public record of a private document. Nevertheless, it is adequate and it is binding and executed by both parties. What we also have is a site plan which was provided to me by the architect. I asked him to calculate generally how much parking in the field across from the site could be accommodated. He said absolutely, unquestionably there is more than 35 spaces just in the field across the way. He prepared a very simple diagram at my request showing the parking spaces based on size, flow through and so on and he provides one of those forms for the Board. I will put it into your record because it does have the parking and it shows at least 36 spaces. He doesn't even identify the parking all the way to the back of the property. We have 100' back and he stops at a certain point. (inaudible) We feel we have addressed the parking-certainly the parking needs of this property. The owner who operates the business knows what their parking needs are. We've identified it but we've also added additional parking at the Board's request. And the additional parking across the way when and if necessary. Beyond the parking issue, there were just general site plan issues which I've shown on this site plan and again it is on the larger scale. I think Dr. Smithen provided the Board with a large scale drawing--one of you lucky people has the large scale version. The other ones have to concentrate a little bit with a smaller scale. We can provide more oversize scale if you need it. In any case, the area in front of the parking is the 25' setback. That will be a perennial garden. Dr. Smithen is an avid gardener. His property reflects his care and gardening skills. Pretty much everything you see there--all the beautiful trees--have been planted by him. It is just a very lush setting. What we have done is on the site plan identified it as an area for the perennial garden. There are also existing trees, so those are identified as well. An issue which we would ask you to consider is--we have an evergreen buffer along the west side of the parking area. What I did is I gave you a couple of photographs. The first photograph I have in the packet shows the existing buffer. What may have been somewhat confusing for the staff when they went out to look: the parking area had been started--the grass had been cleared--and the contractor actually (John Maiser) did not go to the limit of the property. The original site plan as you will recall had a 5' setback from the property line. He was actually out there measuring and looking and trying to make things look the best. He had actually started the parking area away from the property line. So, at the request of the Board having a 10' setback, that is in fact what is built out. Obviously it's not finished, but it shows where the area of clearing. So you can see from the property line and the extra grass that in order for us to comply with your request to put in evergreens and an additional planting, we would have to clear the area in order to plant the area. That, we believe again would change the character of the property as well as upset our neighbor. The neighbor likes that natural buffer. You Southold Town Planning Board Page Eight June 13, 12011 can see from the way he maintains his house, he likes everything very natural, which is fine. My client similarly likes that look. So, we would ask the Board to keep it as natural. If we were ever to remove the natural buffer, then certainly we could plant it. But that's not the intent. Let's keep it as undeveloped as possible. That is the goal here--to keep it looking as simple as possible. Among the photographs, the second photograph I gave you, Dr. Smithen is hanging out there with a cigar in his mouth; he and I were measuring and confirming measurements. The third photograph I gave you is that open field that is leased directly across from the property. You can see it as a flat, open grass field. By the way, Cornell Cooperative this weekend had a sale and I parked in an open field just like this and went across and used their facilities, bought plants and toured. That is a very common practice, particularly when the need for excess parking really is on a limited basis and of limited use. The final picture I include because I went by there--I'm sure you all know Oregon Road well enough--but I saw that a little bit down east of this property, one of the farmers parked all his farm vehicles. It's very quaint. I don't know which farmer--it looks very nice. You can see that is a common practice on Oregon Road--the lining of the ag trucks-and it goes several rows deep. That is in character with Oregon Road. We are certainly going to deal with the pool CO; that's a very simplistic issue. We have a fence presently but we are adding a fence to that, so that's not a problem. We have at your request identified the location of the dumpster which we would propose to enclose with a fence. You can see it just south of the parking area. We also show the portable sanitary--the port-a-potty--which is actually a very attractive kind of custom port-a-potty. The ag fueling station is actually 89' into the ag piece on the development rights property: you just wanted to have an idea of approximately where it sat in relation to the property line, and that's an approximation. We have provided in that packet lighting cuts. The lighting: again, we want to keep everything very Iow impact, very natural. There are some dark sky compliant lights which are really intended to keep it at Iow canopy lighting on the property, obviously. We understand curb cuts and requirements that we have to meet there. With respect to drainage, there are two drainage rings that have been installed in the parking area. They are already built out, they are pre-cast, the dimensions of which are on the site plan. That will take in all of our drainage requirements from the pervious parking area. We would suggest a discussion with Jamie Richter again because this is not trying to stay natural we want to try to use natural pitched drainage rather than building out large drainage structures when we have grass and natural area pitching the structures towards the grass-- keeping everything obviously the Code requires us to keep the water on the property which certainly that will be the case, but within the property it doesn't make sense to build out large drainage structures for small depths and walkways, so we would ask for a discussion with Jamie about that. Southold Town Planning Board Page Nine July 11, 2011 The last two items are they haybale silt fence which is again standard and the handicap compliance parking. We are aware of handicap compliance and it will be a handicap compliant space. I believe that we have addressed all the points that the Board asked my client to incorporate into the site plan. We hope that the Board will take their historic parking calculations into consideration when you are coming up with the calculation of parking. In a sense, you are penalizing the client because he doesn't have a building. If he had a building, it would be clear what his parking requirements are. Because he has no building, you are asking for a highly exaggerated parking schedule. If there are any questions, I'd be happy to address them. Donald Wilcenski: Does anyone from the Board wish to ask Pat more questions? Staff? Bill Cremers: In the beginning you said that a shed was going to be there and I don't see a shed on the drawing. Pat Moore: Yah, they have right now just a little under 200 sq. ft. storage shed that is used for the bottles. I apologize, it's not being put over here... Heather Lanza: Could you just explain a little bit how the site is going to function? In other words, where is the person going to stand who is serving the wine--are they going to have a portable thing that is going to be put there--is there going to be a shade over them--where are you going to store the wine.., logistically just explain how that is all going to work. Pat Moore: I park and walk up that pathway. You see the first circle shown as 14' wide area ..... Barbara Smithen, 2600 Oregon Road, Mattituck: So there will be a bar and it will have an umbrella because you're going to need shade. Then where it's 25.0 we will have seating there. There will be picnic tables in front of that. Heather Lanza: Where are you going to store the stuff that you serve? Barbara Smithen: We have a shed on the property--our own property--that's where we go and get the wine from. Heather Lanza: OK, thanks. I have a couple more questions. Are you intending to hold special events at this particular site? Barbara Smithen: No. Southold Town Planning Board Page Ten July 11, 2011 Pat Moore: I would reserve the right to do whatever the Code allows us to do. At this time, they don't have any events planned. But we certainly have enough parking for it. They've never had any special events for which a permit is necessary. Heather Lanza: That's what I'm talking about. Is there a plan to have amplified live music at the location? Pat Moore: Not amplified, no. Heather Lanza: I notice that this new plan has lights on it. Are you considering being open during the night? Barbara Smithen: In October, when it gets dark, there will be solar lights just at the parking area. Pat Moore: Toward the end of the season you get into October. During the harvest season the wineries have activities, but it gets chilly and it's weather-dependent. Heather Lanza: Today I had a call from our Code Enforcement Officer and he was talking about the existing tasting area on the Development Rights Sold land. He said that the Town was requiring that that stop because it wasn't allowed in the Easement. My question to you for the record is: are you still operating there; are you planning on stopping that anytime soon? Pat Moore: I think it's irrelevant to this application and I'm not going to have my client speak on it. We have a justice court and we may have a trial, so I prefer that it not be discussed. If the Code Enforcement Officer wants to pursue it in court, we're there and we'll be happy to pursue it. But it honestly has nothing to do with this. Our whole goal here is to relocate and we've made a really strong effort to do that. Heather Lanza: OK, that's all I have. Thank you. Bill Cremers: About the Notice of Meeting: I drove down Oregon Road and I did not notice the sign being up. Pat Moore: It was up. Barbara Smithen: I think somebody stole it for an hour and I found it in the bushes at 3:00 and I put it back. A fellow by the name of Bill Burroughs stopped by there and introduced himself. He was writing down the information. That was about 2:30/3:00. Donald Wilcenski: If there is bad weather, do you have any intentions of putting a tent up, or are you going to be closed? Southold Town Planning Board Pa.qe Eleven July 11, 2011 Pat Moore: A tent is a temporary structure, so it would be permissible and it's the same area we are talking about site planning. I don't want them to say "no, never" or "yes, maybe" or whatever. I think it depends on how things go. They do have another year-round facility in Jamesport--this is the Iow-impact kind of garden setting-but they are not precluded from having a tent if they choose to have one. Donald Wilcenski: Thank you. Anybody else? From the Board or staff? Bill Cremers: Just a question on the lighting: you just have lighting around the parking area. How about where people are sitting--if it's dark, you have no lighting back there. Pat Moore: It just shows a couple of--do you see those little yellow dots--that's it. Bill Cremers: Nothing by the picnic tables? In the back? Pat Moore: In this area? No. Again, it's very Iow impact. Bill Cremers: And strictly solar? Barbara Smithen: Yes. Donald Wilcenski: Anybody else? From the Board or staff? OK. Thank you, Pat, Mrs. Smithen. At this time I'd ask anybody else from the audience if they would like to speak in regard to Sherwood House Vineyards. Please step forward and state your name and write your name. Ken Euring: I believe in the past I've seen some canopies up there; we've stopped for wine by their benches. The young lady who takes care of serving the wine was under the canopies. There is umbrellas or some form of cover there to keep them out of the sun. I'm looking at the whole thing-on Oregon--both the vineyards. If you let one, you gotta let 'em all, or put the restrictions that it's not past a certain time and the music--if it goes past their property line--but within reason. And the amount of cars because on the weekends there's a bunch of limousines--I won't repeat myself anymore. Most of you know the questions that we're interested in. Thank you. Donald Wilcenski: Anybody else from the audience who would like to speak to the Board? Pat, would you like to add anything else? Pat Moore: No, I think the site plan speaks for itself and we hope that you will approve this as quickly as possible since Damon would like us to open up here as soon as possible. Southold Town Planninq Board Pa.qe Twelve July 11,2011 Donald Wilcenski: OK. Thank you. With that, I would like to get a motion to close the hearing. William Cremers: So moved. Kenneth Edwards: Second. Donald Wilcenski: Motion made and seconded. Any discussion? All in favor? Ayes. Donald Wilcenski: Against? Motion carries. Now I'll turn it back over to Marry for the next hearing. 6:06 p.m. - Pindar Vineyards - This Site Plan is for the proposed re-location of a 3,259 sq. ft. steel agricultural storage building from an adjacent parcel. The building is 82' x 39' with a height of 15', and will be located 600' n/o NYS Rte. 25. The property is located at 4195 Rte. 25, 1,132' +/- w/o Peconic Lane in Peconic. SCTM#1000-86-1-15 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. Hearing none ...... Bill Cremers: I'll 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. Donald Wilcenski: Mr. Chairman, I will offer the following resolution: WHEREAS, this Site Plan is for the proposed re-location of a 3,259 sq. ft. 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. n/o NYS Rt. 25. Additionally, there is an existing 740 sq. ft. hoop-house for Barb's Veggies, located 50' n/o NYS Rt. 25, and a pre-existing 384 sq. ft. non-conforming farm stand located 25' n/o NYS Rt. 25; and Southold Town Planninq Board Pa,qe Thirteen July 11,2011 WHEREAS, the applicant submitted an application for Site Plan review on May 5,2011; and WHEREAS, at a Work Session on May 23,2011, the 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 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 May 26, 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 June 9, 2011, the Southold Town Architectural Review Committee reviewed and determined that the proposed storage building was acceptable; and WHEREAS, on June 15, 2011, the Southold Fire District determined there was adequate fire protection and emergency access for the site; and WHEREAS, on June 23, 2011, the Town of Southold LWRP Coordinator reviewed the above- referenced project and has recommended the proposed project be found consistent with Southold Town LWRP policies with the condition that an archaeologist be present on-site during excavation of the drainage and foundation. The area is identified as an "archaeo-sensitive area" by the New York State Historic Preservation Office; and WHEREAS, on July 5, 2011, the Southold Town Engineer reviewed the above- referenced application and has determined the project to provide adequate drainage and the proposed drainage meets the minimum requirements of Chapter 236 for Storm Water Management; and WHEREAS, on July 11,2011, 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, 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. The Planning Board has found that this application is eligible for a waiver of certain elements of the site plan requirements because it is an agricultural use; and Southold Town Planning Board Pa.qe Fourteen July 11,2011 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 application is for an agricultural use and part of an active farm operation and the parcel is large in size relative to the proposed structure. Further, neither building will be open to the public; and WHEREAS, at a Work Session held on July 11, 2011, the Planning Board found that 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 certain elements of the Site Plan requirements as noted above; William Cremers: Second. Martin Sidor: Motion made and seconded. Any discussion? All in favor? Ayes. Martin Sidor: Motion carries. Donald Wilcenski: and be it further RESOLVED, that the Southold Town Planning Board hereby waives the parking requirements as noted above; William Cremers: Second. Martin Sidor: Motion made and seconded. Any discussion? All in favor? Ayes. Martin Sidor: Motion carries. Donald Wilcenski: and be it further RESOLVED, that the Southold Town Planning Board has determined that this proposed action is consistent with the policies of the Town of Southold Local Waterfront Revitalization Program with the condition that an archaeologist be on site during excavation of the drainage trenches; Kenneth Edwards: Second. Southold Town Planning Board Page Fifteen July 11,2011 Martin Sidor: Motion made and seconded. Any discussion? All in favor? Ayes. Martin Sidor: Motion carries. Donald Wilcenski: and be it further RESOLVED, that the Southold Town Planning Board grants Approval to the Site Plan entitled "Pindar Vineyards Storage Building" prepared by Charles W. Southard, Jr. on March 10, 2011, and last revised by Pindar Damianos on June 20, 2011, and authorizes the Chairman to endorse the Site Plan. William Cremers: Second. Martin Sidor: Motion made and seconded. Any discussion? All in favor? Ayes. Martin Sidor: Motion carries. 6:08 p.m. - 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 sq. ft.) 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 n/e corner of Albertson Lane & Main Road (S.R. 25) in Greenport. SCTM#1000-53-1-1.2 & 1.3 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. Randy Parsons, Nature Conservancy: We are working with the Town of Southold and Suffolk County and the Manor Grove Corporation to put this project together. You've described it as basically putting the existing house and two barns on their own lot. The former farm stand there will come down after the acquisition and the proposal to sell a 20' strip to the motel complex next door to take care of some septic systems that are over the property line. Martin Sidor: Thank you. Anyone else in the audience who wishes to address the Planning Board regarding this application? Anyone from the Planning Board or staff having any questions regarding this application? Hearing none ...... Donald Wilcenski: I make a motion to close the hearing. Southold Town Planning Board Page Sixteen July 11, 2011 William Cremers: Second. Martin Sidor: Motion made and seconded. Any discussion? All in favor? Ayes. Martin Sidor: Motion carries. 6:10 p.m. - 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 s/w corner of the intersection of Brown's Hill Road & NYS Route 25 in Orient. 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. Stanley Droskoski: Good evening, members of the Board. I am the applicant of this lot line change. I think it's a very simple thing. We've complied with the requests of the Board posting the signs and submitting the letters for signatures.., so on and so forth. It basically just increases my property by I think 1/3 acre and straightens out a property line. The farm itself has been sold to Land Preservation, so nothing will go on on the piece of property. I just wanted to be here to answer any questions that you may have. Martin Sidor: Thank you. Does anyone from the Board or staff have any questions? Anyone in the audience who wishes to address the Board about this application? Thank you. Hearing none ....... Donald Wilcenski: I make a motion we close the hearing. William Cremers: Second. Martin Sidor: Motion made and seconded. Any discussion? All in favor? Ayes. Martin Sidor: Motion carries. Thank you all. That ends our Public Meeting part of the agenda. Southold Town Planninq Board Page Seventeen July 11, 2011 SUBDIVISIONS - SKETCH DETERMINATIONS Winston, Eve - This proposal is a standard subdivision of a 5.58-acre parcel into two lots, where Lot 1= 1.85 acres (80,625 sq. ft.) and Lot 2 = 3.73 acres (162,418 sq. ft.) in the R-80 Zoning District. The property is located at 3450 Private Road #13, Mattituck. SCTM#1000-105-1-4 William Cremers: Mr. Chairman, I will offer the following: WHEREAS, this proposal is a standard subdivision of a 5.58 acre parcel into two lots, where Lot 1= 1.85 acres (80,625 s.f.) and Lot 2 -- 3.73 acres (162,418 s.f.) in the R-80 Zoning District; and WHEREAS, a Sketch Plan Application was submitted on June 16, 2009; and WHEREAS, the Southold Town Planning Board reviewed the plans at their August 24, 2009 Work Session and accepted the application for review; and WHEREAS, on April 27, 2010, the Sketch Plan was referred to the Town Engineer, Suffolk County Planning Commission and the Mattituck Fire Department for comments; and WHEREAS, on May 18, 2010, comments from the Mattituck Fire District Board of Commissioners were received and a new hydrant was requested if public water were to be made available to this parcel; and WHEREAS, on June 4, 2010, the Southold Town Planning Department Staff conducted a site visit to view the frame barn and the access road to the parcel; and WHEREAS, on June 11, 2010, the Southold Town Planning Staff sent a letter to the applicant requesting that significant trees be identified on the plan, and that a proposed driveway avoid as many trees as possible. The letter also notified the applicant that the frame barn appeared to be used as a second residence and that it was not Code compliant; and WHEREAS, on June 14, 2010, the Town Engineer responded with comments regarding drainage requirements; and WHEREAS, on July 2, 2010, the Suffolk County Planning Commission responded with the comment that this is a matter for local determination. Their letter contained additional comments for the Planning Board's consideration, including the following: Southold Town Planninq Board Page Eighteen July 11,2011 1. Require the private right-of-way be built to Town specifications and be dedicated to the Town; 2. Flag the top of bluff & the Coastal Erosion Hazard Area Line and verify by a qualified professional; 3. Require a written acknowledgment that the approval of this subdivision does not commit the Town to a program to protect this property from shoreline erosion, that the applicant is aware of the severe erosion problem at this location; 4. No structure or grading should be located within 100' of the top of the bluff; 5. No storm water run-off should be discarded to the bluff; 6. Direct private access to the beach should be limited to community or public access features; and WHEREAS, at their Work Session on October 4, 2010, the Planning Board discussed this application and reviewed comments from referring agencies; and WHEREAS, on October 12, 2010, the Planning Department sent a request for additional comments from the Mattituck Fire District based on the Planning Board's Work Session discussion regarding the narrow existing driveway to the parcel; and WHEREAS, on October 29, 2010, the Mattituck Fire District responded repeating their previous comments; and WHEREAS, at their Work Session on December 13, 2010, the Planning Board discussed the access to the parcel and a draft letter to the applicant which requested that a plan be submitted with details showing that the private access way to the parcel could be improved to meet the minimum standards for emergency access, while also avoiding as many significant trees as possible; and WHEREAS, on December 13, 2010, the Planning Department sent the letter as discussed at the 12/13/10 Work Session; and WHEREAS, on January 6, 2011, the applicant submitted plans for the proposed Access Roadway Plan; and WHEREAS, at their Work Session on January 31,2011, the Planning Board discussed this application and reviewed the submission of the Proposed Access Roadway Plan showing the alternate access and significant trees; and WHEREAS, on February 1,2011, the Planning Department sent a letter to follow up the Planning Board's Work Session discussion where the Board requested the access way be flagged for a site visit; and Southold Town Planninq Board Page Nineteen July 11,2011 WHEREAS, on February 9,2011, the Planning Board conducted a site visit to review the access way and the significant trees; and WHEREAS, on February 11,2011, a revised proposed Access Roadway Plan was submitted to the Planning Board to illustrate how the significant trees were avoided; and WHEREAS, at their Work Session on February 14,2011, the Planning Board reviewed the site visit and the revised proposed Access Roadway Plan; and WHEREAS, on February 23,2011, the Planning Department sent the revised proposed Access Roadway Plan to the Mattituck Fire District for their review; and WHEREAS, on March 3, 2011, the applicant sent a revised proposed Access Roadway Plan illustrating drainage requirements missing from the previous revision; and WHEREAS, on March 3,2011, the Town Engineer reviewed the above-revised Roadway Plan and found that the drainage requirements were met; and WHEREAS, on March 18, 2011, the Mattituck Fire District responded repeating their previous comments; and WHEREAS, at their Work Session on May 23, 2011, the Planning Board discussed this application and made the following recommendations: · Applicant to submit a Yield Plan demonstrating the lots meet the minimum lot size requirement in Town Code; and · Provide proof that the beach access easement for The Fields of Mattituck shown on previous drafts of the Sketch Plan does not legally exist; and WHEREAS, on June 22,2011, a revised Sketch Plan and a revised proposed Access Roadway Plan were submitted to the Planning Board; and WHEREAS, the Southold Town Planning Board reviewed the revised plans at their June 27,2011 Work Session and found that this application met the Town Code requirements for Sketch Plan and was ready for Sketch Plan determination; be it therefore RESOLVED, that the Southold Town Planning Board hereby grants Sketch Plan Approval upon the map prepared by L.K. McLean Associates, P.C. entitled "Eve Winston Property Standard Subdivision Sketch Plan" dated November 5, 2007 last revised June 30, 2011. Southold Town Planninq Board Page Twenty July 11,2011 Kenneth Edwards: Second the motion. Martin Sidor: Motion made and seconded. Any discussion? All in favor? Ayes. Martin Sidor: Motion carries. SUBDIVISIONS - CONDITIONAL PRELIMINARY DETERMINATIONS James Creek Landin.q - 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. ft. 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. ft. 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 Kenneth Edwards: Mr. Chairman, I will offer the following resolution: WHEREAS, 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. ft. 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. ft. of Open Space Easement Area and is located in the B Zoning District; and WHEREAS, on November 17, 2004, the New York Department of Environmental Conservation issued a Negative Declaration for the action pursuant to Article 8 of the Environmental Conservation Law 6 NYCRR Part 617; and WHEREAS, on January 7, 2005, the New York Department of Environmental Conservation issued a Tidal Wetlands Permit for the action; and WHEREAS, the New York Department of Environmental Conservations Permit (Number 1-4738-03087/00001) expired on January 5, 2010; and Southold Town Planning Board Pa,qe Twenty-One July 11,2011 WHEREAS, on February 13, 2006, the Southold Town Planning Board issued Sketch Approval upon the map prepared by Nathaniel Taft Corwin, III, L.S., dated July 12, 2005; and WHEREAS, on January 29, 2008, the Suffolk County Planning Commission issued a response citing a past review of the action which outlined 16 conditions and noted that Condition #6 has not been addressed; and WHEREAS, Condition #6 states: "The proposed access for the lots shall be set off as a road and not as a right-of-way. It shall be given a distinct name to facilitate the location of the properties served by it by fire, police and other emergency and service units. The subdivision shall offer this road to the Town of Southold for dedication as a public road"; and WHEREAS, the Southold Town Planning Board considered the condition and rejects Condition #6 requiring that the applicant dedicate the entire road as public; and WHEREAS, on February 13, 2008, the Mattituck Fire Department issued a letter requiring that "a fire hydrant be placed on the east side of State Route 25 on the proposed Lot #5"; and WHEREAS, on January 5, 2011, the applicant verbally requested the Southold Town Planning Board to extend the Sketch Approval for 180 days to allow additional time to address alternative access and negotiate acceptable design of the subdivision; and WHEREAS, on March 28, 2011, a Work Session was held on the action; and WHEREAS, the Planning Board agreed to retroactively extend Sketch Approval from August 13, 2006 to June 13, 2011; and WHEREAS, on March 29, 2011, the applicant submitted a Preliminary Plat Application; and WHEREAS, on April 14, 2011, the Southold Town Planning Board approved the Extension of Sketch Plan Approval to June 13, 2011; and WHEREAS, on May 9, 2011, a Preliminary Public Hearing was held and closed on the action; and WHEREAS, on June 13, 2011, the Sketch Approval expired; and WHEREAS, on June 27, 2011, a letter from the applicant requesting an Extension of Sketch Plan Approval was submitted to the Planning Board; and Southold Town Planning Board Page Twenty-Two July 11, 2011 WHEREAS, at their Work Session on July 11,2011, the Planning Board agreed to defer the planting of street trees for this subdivision to a time in the future when Lot 5, a commercially zoned lot, is subject to a Site Plan approval process. This decision was based on the fact that numerous trees already exist along the proposed road, and a future Site Plan on Lot 5 will need flexibility to locate the driveway and buildings. This requirement will be memorialized in a Covenant on Lot 5 requiring the full number of street trees required by the Code to be planted on Lot 5; and WHEREAS, the application for Preliminary Plat has been found to meet the requirements of Section 240 of the Southold Town Code; be it therefore, RESOLVED, that the Southold Planning Board rejects the Suffolk County Planning Commission's Condition #6 requiring that the entire road be dedicated as public; 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 Sketch Plan Approval is extended to July 11,2011; 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 hereby grants Conditional Preliminary Plat Approval upon the Preliminary Subdivision Plat entitled "Standard Subdivision of James Creek Landing" prepared by Nathaniel Taft Corwin, III dated July 12, 2005 and last revised on March 12, 2011. This approval is conditioned upon the successful submission and acceptance of the following items/conditions: 1. Submission of a Final Plat Application meeting all the requirements of Section 240 of the Town Code. Southold Town Planning Board Pa,qe Twenty-Three July 11,2011 2. Submission of a Final Plat with the following amendments: a. Show the existing dock and proposed community dock. Verify that the existing dock does not encroach on adjacent lot lines. b. Clearly show limits of clearing on each lot. Label each area "Limit of Clearing". c. Lot 2: Vegetation is shown over the existing driveway. Please omit. d. Lot 4: Indicate if the 16' secondary future access driveway to New Suffolk Avenue will be constructed of pervious materials. Include drainage for the driveway on the Road and Drainage Plan/Storm Water Pollution Prevention Plan (SWPPP). e. Lot 4: Show the proposed horse corral layout including any shelters. Note shelters shall not be located within the open space area. f. Lot 5: Remove the setbacks shown. g. Label and provide the acreage for the electric easement. List all easements in effect (SCDOH) on the plat. h. Show one street light at the cul-de-sac. i. Move zoning district notations to improve clarity. j. Remove notation "50' wide private road to be owned by the Homeowners Association" from the plat and note that the road from Rt. 25 to the R-80 zoning district line will be dedicated to the Town, and the road beyond that point will be private. k. Correct all notations on Final Plat to reflect amendments. 3. Submit a copy of the Homeowners Association documents (The James Creek Landing Association, Inc.) The Planning Board is requiring that a 50' right-of-way and a 28' paved road will be established to the B/R-80 Zoning District line (southwest property boundary of Lot 5). This road section will be dedicated to the Town. From that point west, the right-of-way will remain 50' in width, however, the road will be reduced to 16' in width and remain private. a. Include a distinctive street name for the proposed 50' wide public road. b. Include maintenance language for the private road, secondary driveway, common pedestrian access to James Creek and common dock. i. The clearing and/or removal of vegetation within the private 50' wide right-of-way is limited to that necessary to establish and maintain the 16' wide gravel road and vegetation that is threatening to life and/or property. c. Curb cuts allowing ingress and egress to State Route 25 shall be reduced to one (50' wide right-of-way). The curb-cut over Lot 5 allowing ingress and egress to S.R. 25 shall be abandoned. Southold Town Planninq Board Pa,qe Twenty-Four July 11,2011 d. The 16' wide future access driveway shall not be constructed until proof of access over SCTM#1000-114-12-4.1 is provided and acknowledged by the Planning Board. e. All storm water run-off generated by the placement of fill or any other proposed development must comply with Town Code Chapter 236 for storm water management. f. 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. g. Acknowledge the required clearing limits for each lot and indicate that these areas shall remain in a natural state. h. Indicate that the use of synthetic herbicides and fertilizers capable of entering surface waters or ground water on each lot is prohibited. i. All utilities serving each lot shall be located underground. 4. Submission of Final Road and Drainage Plans. a. The r-o-w/roadway immediately adjacent to Lots 2, 3 & 4 should be expanded to meet the minimum requirements of Town Code under Highway Specifications for the construction of a cul-de-sac. However, the area required for a cul-de-sac will reduce the area of open space. The amount of acreage is unknown at this time. It is recommended that the amount of open space acreage lost due to the design of the cul-de-sac be mitigated on Lot 4. b. Include a cross section and drainage for the 16' wide future access driveway. 5. Submission of a New York State Curb Cut Permit. 6. Submission of draft road dedication papers for the 50' wide right-of-way 28' wide road section of the access. 7. Submission of a Suffolk County Water Authority "Letter of Water Availability". 8. Submission of an up-dated New York State Department of Environmental Conservation Permit. 9. A draft Bond Estimate was submitted on April 2, 2008. Due to the decisions made, the Planning Board is requesting that an up-dated Bond Estimate be submitted. Note that the costs of placing concrete property boundary monuments Southold Town Planninq Board Pa.qe Twenty-Five July 11,2011 on lot corners and open space easement areas, reduced number of street trees and street lighting (1 unit per road end) must be included. 10. The proposed disturbance resulting from construction activities and grading of this site will be greater than one (1) acre in area. Therefore, this project will require coverage from the New York State Department of Environmental Conservation (DEC) under the Phase II State Pollutant Discharge Elimination System (SPDES) Program. The applicant must prepare a formal DEC SWPPP, submit a Notice of Intent (NOI) and obtain coverage under the SPDES GENERAL PERMIT FOR STORMWATER DISCHARGES from the DEC. Coverage under this Construction Activity Permit #GP-0-10-002 is required prior to the initiation of any work. Please note that the Town of Southold is a regulated, traditional land use control MS4. Therefore, the applicant must submit an MS4 SWPPP and SWPPP Acceptance Form to the Town of Southold for review and approval prior to submission of the NOI to the DEC. 11. In addition to the Phase II Regulations and Town Code Chapter 236, drainage calculations and drainage designs must also be submitted for existing structures within the subdivision. This item would include the pre-existing development and other impervious surfaces found within Lots 2 & 4. 12. Submit a Draft Open Space Conservation Easement for open space areas located within each lot. A draft will be provided to you by the Planning Department. The uses permitted within the open space areas include: a. On Lots 1, 2, 3 and 5. "Conservation of open land in its natural state" b. On Lot 4 the following use is permitted: "Horse corral for the purposes of providing pasture for private, non- commercial animals" 13. Submission of a $21,000 Park and Playground Fee ($7,000 per created lot) pursuant to §240-53. Reservation of parkland on subdivision plats containing residential units. 14. Submission of an Administration Fee pursuant to §240-37(A) of the Southold Town Code. 15. Submit a draft Covenant and Restriction including the following clauses: Southold Town Planninq Board Pa.qe Twenty-Six July 11,2011 a. There shall be no further subdivision of Lots 1 through 4 into perpetuity. b. At the time any development is proposed for Lot 5 of this subdivision, the full requirement of street trees as described in the landscaping requirements in Town Code, will be a condition of any development approval. This covenant was required at the time of subdivision approval when street trees were deferred from the general subdivision to this lot due to the existence of sufficient trees on the remainder of the parcel. c. Curb cuts allowing ingress and egress to State Route 25 shall be reduced to one (50' wide right of way). The curb-cut over Lot 5 allowing ingress and egress to S.R. 25 shall be abandoned. d. Vegetation on the west of the 50' wide right-of-way to be dedicated to the Town shall not be cleared and remain in its natural state other than that necessary to construct a 28' wide road and vegetation that is threatening to life and/or property. e. The 16' wide future secondary driveway shall not be constructed until proof of access over SCTM#1000-114-12-4.1 is provided and acknowledged by the Planning Board. f. All storm water run-off generated by the placement of fill or any other proposed development must comply with Town Code Chapter 236 for storm water management. g. 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. h. Acknowledge the required clearing limits for each lot and indicate that these areas shall remain in a natural state. i. Indicate that the use of synthetic herbicides and fertilizers capable of entering surface waters or ground water on each lot is prohibited. j. All utilities serving each lot shall be located underground. Donald Wilcenski: Second that. Martin Sidor: Motion made and seconded. Any discussion? All in favor? Ayes. Martin Sidor: Motion carries. Southold Town Planninq Board Page Twenty-Seven July 11,2011 SUBDIVISIONS - FINAL DETERMINATIONS Conwa¥~ Joseph & Mar.claret - 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. The property is located on the w/s/o Horton Lane at the intersection of Horton Lane & Old North Road, Southold. Donald Wilcenski: Mr. Chairman, I will 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. 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; 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 ~cting 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; and Southold Town Planning Board Page Twenty-Eight July 11,2011 WHEREAS, on May 9, 2011, the Planning Board waived the requirements of §240 to submit the ERSAP, Primary and Secondary Conservation Plans, Sketch Plan and Preliminary Plat steps; and WHEREAS, on May 9, 2011, the Southold Town Planning Board granted Conditional Final Approval on the maps entitled "Re-Subdivision (Lot Line Change) for Julia Conway", dated August 1, 2001, last revised April 30, 2011, and prepared by Garrett A. Strang, Architect, subject to the following condition: 1. Submit draff 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 will be filed as a page (or pages) in the deed; and WHEREAS, the applicant fulfilled the above conditions placed on Final Approval by the Southold Town Planning Board; be it therefore RESOLVED, that the Southold Town Planning Board grants Final Approval on the maps entitled "Re-Subdivision (Lot Line Change) for Julia Conway" dated August 1, 2001 last revised April 30, 2011 and prepared by Garrett A. Strang, Architect. Kenneth Edwards: Second the motion. Martin Sidor: Motion made and seconded. Any discussion? All in favor? Ayes. Martin Sidor: Motion carries. APPROVAL EXTENSIONS Colony Pond - This proposal is for a Standard Subdivision of a 13.540-acre parcel into five lots where Lot 1= 35,567 sq. ff.; Lot 2= 336,916 sq. ft., inclusive of a 41,424 sq. ft. building envelope and 6.8 acres of preserved open space; Lot 3 =30,471 sq. ft.; Lot 4 =30,029 sq. ft.; and Lot 5 =29,358 sq. ft. in the R-80 Zoning District. The property is located on Colony Road approximately 470' east of Bayview Avenue in Southold. SCTM#1000-52-5-60.3 Southold Town Planninq Board Page Twenty-Nine July 11,2011 Bill Cremers: Mr. Chairman, I will offer the following resolution: WHEREAS, this proposal is for a standard subdivision to subdivide a 13.540-acre parcel into five lots where Lot 1 -- 35,709 sq. ft., Lot 2 = 336,962 sq. ft., inclusive of a 41,470 sq. ft. building envelope and 6.8 acres of preserved Open Space, Lot 3 = 30,252 sq. ft., Lot 4 = 30,012 sq. ft., and Lot 5 = 29,984 sq. ft. in the R-80 Zoning District; and WHEREAS, on September 13, 2010, the Southold Town Planning Board re-issued Conditional Sketch Approval originally granted on February 11, 2008 upon the map entitled "Road and Drainage Plan of Colony Pond", dated April 4, 2006 and last revised June 29, 2007, prepared by Jeffrey T. Butler, P.E.; and WHEREAS, on February 14, 2011, the applicant submitted a request to the Southold Town Planning Board to extend Conditional Sketch Approval for 90 days due to the continuing effort to meet all of the requirements outlined in the Conditional Sketch Approval re-issued on September 13, 2010; and WHEREAS, the Southold Town Planning Board reviewed the above-referenced request at their February 28, 2011 Work Session; and WHEREAS, the Southold Town Planning Board extended Conditional Sketch Approval for a period of 90 days from the date of this resolution to June 15, 2011; and WHEREAS, on July 07,2011, the agent submitted a request to the Southold Town Planning Board to extend Conditional Sketch Approval; and WHEREAS, the Southold Town Planning Board reviewed the above-referenced request at their July 11,2011 Work Session; 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 January 11, 2012. Kenneth Edwards: Second the motion. Martin Sidor: Motion made and seconded. Any discussion? All in favor? Ayes. Martin Sidor: Motion carries. Southold Town Planninq Board Pa.qe Thirty July 11,2011 SITE PLAN DETERMINATIONS Barb's Ve_cl_clies - This site plan is for a proposed 740 sq. ft. hoop-house adjacent to a 384 sq. ft. pre-existing non-conforming farm stand on 28.370 acres. The hoop-house is to be used for storing plants, flower baskets and vegetables during the night, and not used by the public. The property is located at 4195 NYS Route 25 in Peconic. SCTM#1000-86-1-15 Kenneth Edwards: Mr. Chairman, I will offer the following resolution: WHEREAS, this Site Plan is for a proposed 740 sq. ft. hoop house adjacent to a 384 sq. ft. pre-existing non-conforming farm stand on 28.370 acres. The hoop house is to be used for storing plants, flower baskets and vegetables during the night, and not used by the public. Also on-site is a proposed storage building for Pindar Vineyards, located 600' north of NYS Rt. 25. This storage building is being approved in a separate resolution by the Planning Board; and WHEREAS, the applicant submitted an application for Site Plan review on May 5, 2011; and WHEREAS, at a Work Session held on May 17, 2010, the 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 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 May 20, 2010, the Southold Town Architectural Review Committee reviewed and determined that the proposed hoop house was acceptable; and WHEREAS, on May 24, 2010, the Planning Board, pursuant to Southold Town Code §280-131 C., distributed the application to the required agencies for their comments; and WHEREAS, on June 10, 2010, the Southold Fire District determined there was adequate fire protection and emergency access for the site; and WHEREAS, on June 14, 2010, a public hearing was held; and WHEREAS, on July 19, 2010, the NYSDOT responded that no Highway Work Permit is necessary for this application; and Southold Town Planning Board Pa,qe Thirty-One July 111 2011 WHEREAS, on August 2, 2010, the Planning Department sent a letter to the applicant requesting that the following information be added to the Site Plan: 1. The distance of set-backs for the hoop house from the property lines; and 2. Drainage; and 3. An affidavit stating that the hoop house would not be open to the public; and WHEREAS, on June 23, 2011, the Town of Southold LWRP Coordinator reviewed the above- referenced project (as part of the Pindar Agricultural Storage Building Site Plan on the same parcel), and has recommended the proposed project be found consistent with Southold Town LWRP policies with the condition that an archaeologist be present on-site during excavation of the drainage and foundation. The area is identified as an "archeo-sensitive area" by the New York State Historic Preservation Office; and WHEREAS, on June 28, 2011, the applicant submitted a notarized affidavit stating that the hoop house (aka greenhouse) will not be open to the public at any time and is used for growing vegetables and flowers; and WHEREAS, on July 5, 2011, the Southold Town Engineer reviewed the above- referenced application (as part of the Pindar Agricultural Storage Building Site Plan on the same parcel) and has determined the project to provide adequate drainage and the proposed drainage meets the minimum requirements of Chapter 236 for Storm Water Management; and WHEREAS, on July 11,2011, 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, 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. The Planning Board has found that this application is eligible for a waiver of certain elements of the Site Plan requirements because it is an agricultural use and a hoop house for storage accessory to a pre-existing non- conforming farm stand; 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 application is for an agricultural use and is Southold Town Planninq Board Pa.qe Thirty-Two July 11,2011 for growing plants and not open to the public. Further, parking for employees is already provided for at the pre-existing farm stand; and WHEREAS, at their Work Session on July 11,2011, the Planning Board found that all applicable requirements of the Site Plan Regulations Article XXlV, §280 - Site Plan Approval of the Town of Southold have been met; be it therefore RESOLVED, that the Southold Town Planning Board hereby waives certain elements of the Site Plan requirements as noted 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 hereby waives the parking requirements as noted 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 has determined that this proposed action is consistent with the policies of the Town of Southold Local Water[ront Revitalization Program with the condition that an archaeologist be on site during excavation of the drainage trenches; Bill Cremers: Second. Martin Sidor: Motion made and seconded. Any discussion? All in favor? Ayes. Martin Sidor: Motion carries. Southold Town Planninq Board Page Thirty-Three July 11,2011 Kenneth Edwards: and be it further RESOLVED, that the Southold Town Planning Board grants Approval to the Site Plan entitled "Barb's Veggies", dated July 11,2011, and authorizes the Chairman to endorse the site plan. Bill Cremers: Second. Martin Sidor: Motion made and seconded. Any discussion? All in favor? Ayes. Martin Sidor: Motion carries. APPROVAL OF PLANNING BOARD MINUTES Board to approve the minutes of: June 13, 201'1. Bill Cremers: 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 on the record? Hearing none, do I have a motion to adjourn? Donald Wilcenski: So moved. Kenneth Edwards: Second. Martin Sidor: Motion made and seconded. Any discussion? All in favor? Ayes. Martin Sidor: Motion carries. This meeting has ended. There being no further business to come before the meeting, it was ADJOURNED at 6:53 p.m. Southold Town Planninq Board Pa.qe Thirty-Four July 11,2011 Martin H. Sidor, Chair Respectfully submitted, Linda Randolph, Tra"l~scribing Secretary RECEIVED /.'~ ,,~ AUG 9 2011 · , . Southold Town Clerk