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HomeMy WebLinkAboutPB-08/08/2011PLANNING 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 PUBLIC MEETING MINUTES Monday, August 8, 2011 6:00 p.m. MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 RECEIVED /,' 8EP 1 3 2011 ~'~2.. :~ ~.~7,~.., ',, · ,,--~?-~. _f.~,.~,~., Present were: Martin H. Sidor, Chairperson William J. Cremers, Member Kenneth L. Edwards, Member James H. Rich III, Member Donald J. Wilcenski, Member Heather Lanza, Planning Director Mark Terry, Principal Planner Brian Cummings, Planner Alyxandra Sabatino, Planner Carol Kalin, Secretary 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, September 12, 2011 at 6 p.m. at the Southold Town Hall, Main Road, Southold, as the time and place for the next regular Planning Board Public Meeting. William Cremers: So moved. 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 August 8, 2011 PUBLIC HEARINGS Brantuk & Pearson - This proposed lot line modification transfers .27 acres from Lot 1 (SCTM#1000-86-03-31) to Lot 2 (SCTM#1000-75-06-7.2). Lot 1 decreases in size from 5.23 acres to 4.96 acres and Lot 2 increases from 5.30 acres to 5.57 acres. This property is located on the right-of-way off of Route 25, +/- 950 ft. east of Wells Road, +/- 2,020 ft. south of NYS Route 25 in Peconic. Martin Sidor: Anyone from the public 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. Pete Denowski, 616 Roanoke Ave., Riverhead, NY: I am the attorney representing the Brantuks and with the consent of Dr. Pearson I have also filed this application. I have been dealing with this application for several years. I could do the long discussion or the short one; I think most of you Board Members have reviewed this file and talked to Planning Staff and have reviewed the history of this application. This is tied to a dock application that has been the subject of a Public Hearing before the Trustees. It's sod of the chicken and the egg syndrome here; who goes first--the Planning Board or the Trustees. I understand that their permit will be conditioned up the approval by the Planning Board. Planning Board has suggested we should be talking to the Trustees. Just a brief overview here: this is a minor subdivision approved to Mr. Mohring many years ago. There were four five-acre lots. A condition of the Planning Board approval was there would be a common area at the end for the joint use of the four lot owners to construct a dock. Dr. Pearson owns the last of the four lots. My client is the third lot next to Dr. Pearson. Dr. Pearson objected initially to the dock application filed by my client with the Trustees on the basis that she owned the land over which there was a right-of-way benefitting the other three lot owners. She did not wish to participate in the dock construction, nor did she wish to use it. As a result of that initial comment, we were stopped from proceeding. However, we had a friendly conversation through Dr. Pearson's counsel. As a result of that, we have agreed to alter the boundary line. The benefit to her is we have agreed--as the other three lot owners--to not have a right of access over 25' of the 50' right-of-way. In return for giving up the right to go over her 25', she has agreed to give the other 25' to Mr. Brantuk, who is the neighboring property owner. This was subject to a work session discussion a year or two back. We are now hopefully at the end of the process. I have nothing further to say unless there is an inquiry from other folks. I will be supplying documentation requested by Planning Staff. I'm sorry it's not here today; we've been kind of going through a series of plans with the Trustees and the final final final plan has to be sent to all the property owners, so we are there now. Southold Town Planninq Board Page Three August 8, 2011 Martin Sidor: Thank you. Are there any questions from the Board? Is there anyone else in the audience who wishes to address the Planning Board regarding this application? Hearing none ..... Donald Wilcenski: 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. SET HEARINGS Colony Pond - This proposal is for a standard subdivision of a 13.540-acre parcel into five lots where Lot 1 = 0.8 ac., Lot 2 =7.7 ac., including a 1 ac. building envelope and 6.8 acres of preserved Open Space, and Lots 3, 4, & 5 = 0.7 ac. in the R-80 Zoning District. The property is located on the s/s/o Colony Road, approximately 470' e/o Bayview Avenue in Southold. SCTM#1000-52-5-60.3 Kenneth Edwards: Mr. Chairman I would like to offer the following resolution: WHEREAS, this proposal is for a standard subdivision of a 13.540-acre parcel into five lots where Lot 1 = 0.8 ac., Lot 2 = 7.7 ac., including a 1-ac. building envelope and 6.8 acres of preserved Open Space, and Lots 3, 4, & 5 = 0.7 ac. 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 29, 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 Southold Town Planninq Board Page Four August 8, 2011 WHEREAS, the Southold Town Planning Board reviewed the above-referenced request at their February 28, 2011 Work Session; and WHEREAS, on March 14th, 2011, 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 March 21,2011, the applicant submitted an application for Preliminary Plat Approval; and WHEREAS, on May 31,2011, the applicant submitted the required Letter of Non- jurisdiction from the NYS Department of Environmental Conservation; and WHEREAS, on July 07, 2011, the agent submitted a request to the Southold Town Planning Board to extend Conditional Sketch Approval; and WHEREAS, on the Southold Town Planning Board reviewed the above-referenced request at their July 11,2011 Work Session; and WHEREAS, on July 11,2011, the Southold Town Planning Board extended Conditional Sketch Approval for a period of six (6) months from July 12,2011 to January 11, 2012; and WHEREAS, on July 28, 2011, referrals were sent out to the applicable agencies; therefore, be it RESOLVED, that the Southold Town Planning Board sets Monday, September 12, 2011 at 6:00 p.m. for a preliminary public hearing regarding the map dated April 29, 2006 and last revised on February 10, 2011. William Cremers: Second. Martin Sidor: Motion made and seconded. Any discussion? All in favor? Ayes. Martin Sidor: Motion carries. Southold Town Planninq Board Page Five August 8, 2011 SUBDIVISIONS - PRELIMINARY DETERMINATIONS Guadagno, Patrick - This proposal is for a standard subdivision of a 10-acre parcel into two lots where Lot 1 is 1.5 acres and Lot 2 is 8.5 acres inclusive of a 2.5-acre building envelope and 6 acres of subdivision open space. The property is located on the north side of Orchard Street, approximately 1,008' west of Platt Road in Orient. SCTM#1000-27-1-2 James Rich: Mr. Chairman, I will offer the following resolution: WHEREAS, this proposal is for a standard subdivision to subdivide a 10-acre parcel into two lots where Lot 1 is 1.5 acres and Lot 2 is 8.5 acres, inclusive of a 1.5-acre building envelope and 6 acres of subdivision open space; and WHEREAS, on September 11,2006, the Southold Town Planning Board issued Sketch Approval upon the map prepared by John C. Ehlers, L.S., dated December 8, 2005 and last revised on March 8, 2006; and WHEREAS, on November 10, 2009, Sketch Approval was re-issued with conditions; and WHEREAS, on April 12, 2010, the applicant requested a second extension of Conditional Sketch Approval; and WHEREAS, on May 11, 2010, the Planning Board granted a six-month extension of Conditional Sketch Approval from May 9, 2010 to November 9, 2010; and WHEREAS, on June 11, 2010, the applicant submitted the Preliminary Plat Application; and WHEREAS, August 9, 2010, a Preliminary Public Hearing was held and closed; and WHEREAS, the Planning Board agreed to waive street tree requirements pursuant to §161-44(B) of the Southold Town Code and allow the street trees to be installed 70' on center. The rationale for this is that the street trees immediately across the street from the subject property and the street trees in the surrounding area are 70' on center; and WHEREAS, on August 16, 2010, the Planning Board received comments on the proposed subdivision concerning the impact of the proposed action on community character, specifically, impacts to the scenic view shed; and Southold Town Planning Board Pa.qe Six Au.qust 8, 2011 WHEREAS, the Planning Board has reviewed the comments and agrees that the preservation of the scenic view shed shall be achieved to the greatest extent practicable; and WHEREAS, on December 22, 2009 and August 26, 2010, the Town Engineer requested that the Planning Board establish a 25' right-of-way and a 15' wide driveway to access the building envelope of Lot 2. This recommendation was based upon the view that the 15' wide access is a flag serving a flag lot and that it must meet Town Code Highway Specifications; and The Planning Board found, upon further review, that the driveway meets the minimum requirements for access to a dwelling, has room for the installation of utilities, and the storm water run-off can be contained in the open space area; and WHEREAS, on October 18, 2010, the Southold Town Planning Board reviewed and accepted the LWRP Coordinator's recommendations; and WHEREAS, on May 10, 2011, a referral was sent to the Orient Fire District for comments; and WHEREAS, on June 14, 2011, the Planning Department received comments from the Orient Fire District requesting placement of a well 125 feet west from the right-of-way .... on Orchard Street and that the well must maintain 400 gallons per minute (gpm); and WHEREAS, at their June 27,2011 Work Session, the Planning Board discussed the issue of the width of the driveway for Lot 2 and the following was decided: 1. The 15' wide access is a driveway, not a right-of-way or road because Lot 2 is not a flag lot - it includes the open space and has ample frontage on the public road, therefore, it is not subject to the Highway Specifications; and 2. The 15' width meets the minimum requirements of Chapter 280 for access to a dwelling; and 3. There is ample room to locate the electric and water service in the 15' wide driveway bed; and 4. Storm water run-off can be contained on the property by grading the driveway so that storm water percolates through the surface and/or flows to a storm water control feature located within the open space (e.g. drainage swales alongside). The design must meet Chapter 236 of the Southold Town Code regulations; and WHEREAS, pursuant to §240-56, Waivers of Certain Provisions, the Planning Board hereby waives the requirement of clustering the lots on this reduced density subdivision pursuant to §240-42, Authority and Purpose, for the following reason: Southold Town Planninq Board Pa.qe Seven August 8, 2011 The applicant has reduced the number of permissible lots from four (4) to two (2) thereby reducing the impacts to this environmentally sensitive area; and WHEREAS, the Planning Board waives street lighting requirements (§240-46, Lighting) to preserve the night sky in the area; and WHEREAS, the Planning Board is requiring a covenant and restriction on Lot 2 that achieves no disruption to the scenic view shed other than structures or street trees approved by the Planning Board and/or bona-fide agricultural practices or use; be it therefore RESOLVED, that the Southold Town Planning Board has reviewed the recommendations of the LWRP Coordinator and determined that the action is consistent with the LWRP; William Cremers: Second. Martin Sidor: Motion made and seconded. Any discussion? All in favor? Ayes. Martin Sidor: Motion carries. James Rich: 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 for the Property of Patrick Guadagno" prepared by John C. Ehlers, L.S. dated December 8, 2005 and last revised on April 8, 2010. 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 240-20 of the Southold Town Code. Note that the SCDOH approval has expired and the Final Plat will require a new stamp date. 2. The following amendments to the Preliminary Plat shall be required: a. Title the plat "Final Plat of Patrick Guadagno..." b. Show the "building envelope" of the agricultural building on the plat with metes and bounds, with a dotted line and labeled "Location of Future Agricultural Barn; see filed Open Space Conservation Easement for details. c. Re-label open space area of Lot 2 "Open Space Conservation Easement Area". Southold Town Plannin.q Board Page Ei.qht August 8, 2011 d. Show a 15' (foot) set-back from the building envelope on proposed Lot 2 to the Open Space Area boundary. e. Provide drainage for the 15' wide ddveway leading to the residential area on Proposed Lot 2. The drainage shall be located in the subdivision open space area. Locate the electdc and water service in the 15' wide driveway bed. The design must meet Chapter 236 of the Southold Town Code regulations. f. Show the location and species of street trees to be planted along Orchard Street for the entire length of the parcel. The street trees selected shall be planted 70' (feet) on center. g. Show the location(s) of the landscaped buffer(s) on Lots I and 2. Label each buffer. h. Show the location of the required 400 gpm fire well. The placement of the well shall be 125 feet west from the right-of-way on Orchard Street. 3. Submit a draft covenant and restriction document including the following best management practices for water quality protection adopted by the Planning Board. The restrictions apply to the residential lots only: a. Access to Lot 2 shall be from a private driveway within the 15'-wide flag strip shown on the approved subdivision map. b. The principal structure for each lot must be located within the principal building envelopes shown on the approved map. c. No residential structures may be located within the Agricultural Easement Area shown on the approved map. d. Residents of the lots on the approved subdivision map are advised that the lots are subject to the noise, dust and odors normally associated with agricultural activities pursuant to Article XXlI, Farmland Bill of Rights, of the Southold Town Code. e. No further subdivision of any of the lots on the approved subdivision map titled "Final Plat of the Standard Subdivision of Patrick Guadagno" shall occur in perpetuity. f. No changes to any of the lot lines shall be made without Planning Board approval. g. Require the use of native, drought-tolerant plants in landscaping. h. Prohibit the residential application and use of synthetic fertilizers and pesticides capable of entering the potable water supply. i. Require only the use of organic fertilizers where the water-soluble nitrogen is no more than 20% of the total nitrogen in the mixture. Southold Town Planning Board Pa,qe Nine August 8, 2011 Require a maximum of I lb. of nitrogen per 1000 square feet in any one application, with a cumulative application of no more than 2 lbs. per 1,000 square feet per year. k. Apply fertilizer products only during the growing season (typically mid- March through mid-October). I. The use of underground storage tanks except those with spill, overfill, and corrosion protection requirements in place are prohibited. m. 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. n. A 20' wide landscaped buffer shall be established on Lot I on the north and east property lines along the entire length of the property lines. The landscape buffer shall be planted with indigenous, drought- tolerant vegetation similar to that found within the immediate proximity of the parcel. Vegetation shall be installed in sufficient densities to achieve 95% ground cover within two years of installation. Survival of planted vegetation shall be 90% for a period of three years. Maintenance activities within the buffer are limited to removing vegetation which is hazardous to life and property, trimming tree limbs up to a height of 15 feet to maintain viewsheds and replanting of vegetation. o. All utilities serving each lot shall be located underground. Submit a landscaped buffer(s) plan for Lot 2. The purpose of the landscape buffer(s) is to mitigate impacts to the scenic viewshed from Orchard Street resulting from the construction of structures in the fallow agricultural field. The landscape buffer(s) shall be located, oriented and comprised of sufficient indigenous, drought-tolerant vegetation to achieve perpetual screening of expected structure(s). Deer tolerant species are strongly recommended. Survival of planted vegetation shall be 90% for a period of three years. Maintenance activities within the buffer(s) are limited to removing vegetation which is hazardous to life and property, trimming tree limbs up to a height of 15 feet to maintain viewsheds and re-planting of vegetation. Note, once approved, the specifications and maintenance activities of the landscape buffer will be required to be added to the Covenants and Restrictions. Submit a draft Bond Estimate for the fire well, drainage, street trees and landscaped buffer plant species. Southold Town Planning Board Page Ten August 8,2011 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 pnor 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. Submit a Draft Open Space Conservation Easement for the open space area located on Lot 1. The uses permitted within the Open Space Conservation Area include: a. One (1) agricultural building shall be located in the Open Space Conservation Easement Area north of Lot 1. i. The footprint of the agricultural building shall be no greater than 1000 square feet. Submission of 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. 9. Submission of an Administration Fee pursuant to §240-37(A) of the Southold Town Code. Kenneth Edwards: Second the motion. Martin Sidor: Motion made and seconded. Any discussion? All in favor? Ayes. Martin Sidor: Motion carries. Southold Town Planning Board Page Eleven Au,qust 8, 2011 SUBDIVISIONS - CONDITIONAL FINAL DETERMINATIONS Highland House FI, LLC - This proposal is to subdivide a 4.56~acre parcel into 2 lots where Lot 1 = 80,390 sq. ft. and Lot 2 = 118,289 sq. ft. in the R-80 Zoning District. The property is located on the corner of Ocean View and Heathulie Avenues, Fishers Island. SCTM#1000-9-11-7.12 Kenneth Edwards: Seeing as this is in my backyard, I'll do this: WHEREAS, this proposal is to subdivide a 4.56-acre parcel into 2 lots where Lot 1 = 80,390 sq. ft. and Lot 2 = 118,289 sq. ft. in the R-80 Zoning District; and WHEREAS, the two proposed lots are both already developed with single-family residences, and both are already served with municipal water connections; and WHEREAS, the requisite referrals to the Suffolk County Planning Commission, Fishers Island Fire District, LWRP Coordinator, and Town Engineer were all made in the Sketch Plan stage in 2010, comments were received and those comments were incorporated into the plan to the satisfaction of the Planning Board (see Sketch Plan Approval resolution for details); and WHEREAS, on June 14, 2010, the Southold Town Planning Board granted Sketch Approval; and WHEREAS, on June 22, 2010, the Preliminary Plat Application was submitted and found to be complete; and WHEREAS, on August 10, 2010, a public hearing on the Preliminary Plat was held and closed; and WHEREAS, on December 6, 2010, the proposed action was reviewed under the policies of the Town of Southold Local Waterfront Revitalization Plan and the LWRP Coordinator recommended that it is consistent with the LWRP; and WHEREAS, on December 14, 2010, the Sketch Approval expired; and WHEREAS, the applicant submitted revised plans on February 24, 2011 with changes requested by the Town Engineer pertaining to drainage; and WHEREAS, on March 17, 2011, the applicant submitted a copy of the proposed subdivision Preliminary Plat with the approval stamp of the Suffolk County Department of Health dated December 3, 2010; and Southold Town Planning Board Page Twelve August 8, 2011 WHEREAS, on March 25, 2011, the Town Engineer provided a second review of the revised plan and approved the revisions; and WHEREAS, on March 28,2011, the Planning Board reviewed the application at their Work Session and determined that it met the requirements for a Preliminary Plat determination; and WHEREAS, on April 11,2011, the Planning Board extended Sketch Plan Approval from December 14, 2010 to April 11,2011, granted a Negative Declaration pursuant to SEQRA, determined that the action is consistent with the policies of the Town of Southold Local Waterfront Revitalization Program, and granted Preliminary Plat Approval; be it therefore RESOLVED, that the Southold Town Planning Board grants Conditional Final Plat Approval upon the map entitled "Highland House FI, LLC Final Plan" prepared by Richard H. Strouse, P.E. of CME Associates Engineering dated June 18, 2010 and last revised on May 16, 2011, with four conditions. Upon completion of the following conditions, the Planning Board will issue a Final Plat Approval resolution at their next available meeting: 1. Revise C & R to include the following: Notes Numbers 12, 13, 14 from Final Plan plat dated June 18, 2010, last revised May 16,2011: · 12) "This subdivision is located within one mile of an airport and may be subject to noise from the operation of that facility and noise from aircraft over flights." · 13) "Proposed 10 ft. utility easement to be granted to Lot 2 and the Fishers Island Water Works Corporation if and when lots are not under common ownership." · 14) "The driveway from Lot 2 is currently shown over Lot 1, however, Lot 2 is not precluded from requesting a driveway and curb cut permit from the Southold Town Highway Department in the future." b. "No further subdivision shall be allowed in perpetuity." c. "All construction and/or activities on Lots 1 and 2 shall comply with Chapter 236, Storm Water Management of the Southold Town Code." d. Add "except for the establishment of a future driveway to access Lot 2" to clearing limits language. Southold Town Planning Board PaRe Thirteen August 8, 2011 2. Submit the Park and Recreation Fee in the amount of $7,000.00 to the Planning Board. 3. Submit the Administration Fee in the amount of $2,000.00 to the Planning Board pursuant to Section §240-37 of the Southold Town Code. 4. Submit the revised Final Plat with the approval stamp from the Suffolk County Department of Health Services in the required form and number of copies (twelve paper plats and four mylar plats). Donald Wilcenski: Second. Martin Sidor: Motion made and seconded. Any discussion? All in favor? Ayes. Martin Sidor: Motion carries. Droskoski & Sepenoski - This proposed Lot Line Change will transfer 13,872 sq2ft. from SCTM#1000-18-4-7.8 to SCTM#1000-18-4-7.4. Lot 7.4 will increase from 38,880 sq. ft. to 52,752 sq. ft. and Lot 7.8 will be eliminated entirely in the R-80 Zoning District. The property is located on the southwest corner of the intersection of Brown's Hill Road and NYS Route 25 in 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. Lot 7.4 will increase from 38,880 sq. ft. to 52,752 sq. ft., and Lot 7.8 will be eliminated entirely 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; and WHEREAS, on February 14,2011, the Planning Board accepted the application for formal review with revisions; and WHEREAS, on March 3, 2011, the applicant submitted revised maps as requested by the Planning Board; and Southold Town Planninq Board Page Fourteen August 8,2011 WHEREAS, on May 18, 2011, referrals were sent out to all applicable agencies; and WHEREAS, on May 23, 2011, the Planning Board reviewed the revised maps; and WHEREAS, on June 13, 2011, the Southold Town Planning Board set a public hearing regarding the map dated February 2, 2010 and last revised on January 14, 2011; and WHEREAS, on June 29,2011, referral comments were received from the Board of Fire Commissioners which stated they did not find any issue with the plan; however, they do request to allow a minimum of a 15' wide right-of-way for fire department equipment; and WHEREAS, on July 7, 2011, referral comments were received from the Suffolk County Department of Planning and they were addressed; and WHEREAS, on July 11,2011, a public hearing on this application was held and closed by the Planning Board; and WHEREAS, on August 8, 2011, the Planning Board made a determination of non- significance; 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 performed an uncoordinated review of this Unlisted Action pursuant to 6 NYCRR Part 617, Section 617.7 of the State Environmental Quality Review Act (SEQRA); 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 Southold Town Planninq Board Pa,qe Fifteen August 8, 2011 RESOLVED, that the Southold Town Planning Board hereby waives the requirements of §240 to submit the ERSAP, Primary and Secondary Conservation Plans, Sketch Plan and Preliminary Plat steps; Kenneth Edwards: Second the motion. 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, pursuant to SEQRA, makes a determination of non-significance and grants a Negative Declaration; William Cremers: Second the motion. 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 Conditional Final Approval upon the map entitled "Boundary Line Alteration" prepared by John C. Ehlers, Land Surveyor, dated September 2, 2010 and last revised on February 28, 2011, with two conditions listed below. Upon completion of the following conditions, the Planning Board will issue a Final Approval resolution at the next available public meeting: 1) Submit a copy of the plan with Suffolk County Department of Health Services stamp of approval to the Planning Board; and 2) Submit draft deeds to the Planning Board. Kenneth Edwards: Second the motion. Martin Sidor: Motion made and seconded. Any discussion? All in favor? Ayes. Martin Sidor: Motion carries. Southold Town Planning Board Page Sixteen August 8,2011 SUBDIVISIONS - FINAL DETERMINATIONS Perillo, Thomas & Edith - This proposed Lot Line Change will transfer the right-of-way (the flagpole) for SCTM#1000-145-2-17.1 from the w/s to the e/s/o SCTM#1000-145-2- 17.2. Lot 17.2 will decrease in size from 22,457 sq. ft. to 22,344 sq. ft. Lot 17.1 will increase from 30,235 sq.ft, to 30,546 sq.ft. An area variance was granted from the ZBA in 2006 for lot area and a zero ft. side yard setback. The property is located on the s/s/o Peconic Bay Blvd. at the intersection of Laurelwood Drive in Mattituck. William Cremers: Mr. Chairman, I will offer the following resolution: WHEREAS, an application for approval of a Lot Line Modification was submitted on September 1, 2010 by Patricia C. Moore, Esq. as agent for the owners of the property located on Peconic Bay Boulevard in Mattituck, SCTM#1000-145-2-17.1 & 17.2, in the R-40 Zoning District; and WHEREAS, this proposed Lot Line Change will transfer the r.o.w, for SCTM#1000-45- 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 set back; and WHEREAS, on December 6, 2010, the Southold Town Planning Board formally accepted the application for review; and WHEREAS, on December 10, 2010, referrals were sent out to the applicable agencies for review; and WHEREAS, on January 18, 2011, Suffolk County Department of Planning responded to the above-mentioned referral inquiry stating that this is a matter of local determination; and WHEREAS, on January 18, 2011, the Board of Fire Commissioners of the Mattituck Fire District reviewed the plat and did not have any recommendations; and WHEREAS, on April 22,2011, the Town Engineer reviewed the plat and found that the proposed change does not appear to create any hardships for adjacent property owners and that new construction or development and/or re-construction of new or existing impervious driveways must comply with Chapter 236, Storm Water Management; and Southold Town Planninq Board Page Seventeen August 8, 2011 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, pursuant to the Planning Board policy adopted February 14, 2011 regarding Lot Line Modifications, the application has been found to be eligible for a decision from the Southold Town Planning Board prior to receiving approval by the Suffolk County Department of Health Services (SCDHS) because the action involves a transfer of land from an over-sized parcel (larger than the minimum zoning requires) where the over-sized parcel remains above the minimum lot size required, and where no new development p0~ential will be created in the parcel to which the land is transferred; and WHEREAS, at the April 25, 2011 Work Session, the Southold Town Planning Board reviewed the application and asked for revisions to the plat dated August 25, 2010, last revised April 1,2011; and WHEREAS, on May 25, 2011, the applicant submitted the requested plat changes; and WHEREAS, the Planning Board performed an uncoordinated review of this Unlisted Action pursuant to 6 NYCRR Part 617, Section 617.7 of the State Environmental Quality Review Act (SEQRA); and WHEREAS, on June 13, 2011, a public hearing was held and closed by the Planning Board for the above-referenced application; and WHEREAS, on August 4, 2011, draft deeds were submitted for review and found to be acceptable; 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 Southold Town Planninq Board Pa.qe Eighteen August 8, 2011 RESOLVED, that the Southold Town Planning Board hereby waives the requirement that the applicant receive approval by the Suffolk County Department of Health Services (SCDHS) prior to receiving an approval from the Southold Town Planning Board; Donald Wilcenski: Second. Martin Sidor: Motion made and seconded. Any discussion? All in favor? Ayes. Martin Sidor: Motion carries. William Cremers: and be it further RESOLVED, that the Southold Town Planning Board, pursuant to SEQRA, hereby makes a determination of non-significance for the proposed Lot Line Modification and grants a Negative Declaration; Kenneth Edwards: Second the motion. Martin Sidor: Motion made and seconded. Any discussion? All in favor? Ayes. - Martin Sidor: Motion carries. William Cremers: and be it further RESOLVED, that the Southold Town Planning Board hereby 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? Ayes. Martin Sidor: Motion carries. William Cremers: and be it further RESOLVED, that the Southold Town Planning Board grants Final Approval on this Lot Line Modification/Re-subdivision as depicted on the plan dated August 25, 2010, last revised May 17, 2011. James Rich: Second. Martin Sidor: Motion made and seconded. Any discussion? All in favor? Southold Town Planninq Board Pa.qe Nineteen August 8, 2011 Ayes. Martin Sidor: Motion carries. OTHER Rescind Sketch Approval Winston, Eve - This is a proposed 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 Kenneth Edwards: Mr. Chairman, I will offer the following resolution: 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, on July 11,2011, the Southold Town Planning Board granted Sketch Plan Approval upon the map prepared by LK. McLean Associates, P.C., entitled "Eve Winston Property Standard Subdivision Sketch Plan", dated November 5, 2007, last revised June 30, 2011; and WHEREAS, upon further review a discrepancy was found between the above Sketch Plan and a previous plan dated March 29, 2009, and entitled "Eve Winston Property Sketch Plan - Minor Subdivision". The March 29th plan depicted the location of the Coastal Erosion Hazard Area (CEHA) line and stated the non-buildable area as 79,932 s.f. The Sketch Plan submitted for approval omitted the CEHA line and stated the unbuildable area as 75,028 s.f. The applicant was notified that the CEHA line is required to be shown on the Sketch Plan, and that land seaward of this line is considered unbuildable and does not count towards lot area; and WHEREAS, on July 25, 2011, the Planning Board reviewed the two plans referenced above at their Work Session and determined that the Sketch Plan upon which approval was granted on July 11,2011 was not valid because it did not correctly identify the unbuildable lands and did not demonstrate that the yield for two lots could be met; be it therefore Southold Town Planninq Board Page Twenty August 8, 2011 RESOLVED, that the Southold Town Planning Board hereby rescinds 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. William Cremers: Second. Martin Sidor: Motion made and seconded. Any discussion? All in favor? Ayes. Martin Sidor: Motion carries. APPROVAL OF PLANNING BOARD MINUTES Martin Sidor: Motion needed to approve the minutes of: July 11, 2011. Donald Wilcenski: So moved. William Cremers: Second. Martin Sidor: Motion made and seconded. Any discussion? All in favor? Ayes. Martin Sidor: Motion carries. Does anyone on the Planning Board wish to put anything on the record? Hearing none, do I have a motion to adjourn? Donald Wilcenski: So moved. William Cremers: Second. Martin Sidor: Motion made and seconded. Any discussion? All in favor? Ayes. Martin Sidor: Motion carries. This meeting is closed. Southold Town Planning Board Page Twenty-One August 8, 2011 There being no further business to come before the meeting, it was ADJOURNED at 6:08 p.m. Respectfully submitted, Linda Randolph, Transcribing Secretary Martin H. Sidor, Chair Southold Town Planninq Board Pa.qe Twenty-One Au.qust 8, 2011 There being no further business to come before the meeting, it was ADJOURNED at 6:08 p.m. Respectfully submitted, L'~n~Ja Randolph,"T'ranscribin~ Secretary Martin H. Sidor, Chair RECEIVED 8EP 1 3 2011 d Town Clerk