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HomeMy WebLinkAboutPB-09/12/2011PLANNING 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 (cot. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 Present were: PUBLIC MEETING MINUTES Monday, September 12, 2011 6:00 p.m. Martin H. Sidor, Chairperson William J. Cremers, Member Kenneth L. Edwards, Member James H. Rich III, Member Donald J. Wilcenski, Member Heather Lanza, Planning Director Mark Terry, Principal Planner Brian Cummings, Planner Alyxandra Sabatino, Planner Carol Kalin, Secretary RECEIVED"~'~' //· ~t OCT 1 9 2011 Southokl Town Clerk SETTING OF THE NEXT PLANNING BOARD MEETING Martin Sidor: Good evening, and welcome to the Southold Town Planning Board's regularly-scheduled monthly Public Meeting. Our first order of business is to set Monday, October 17, 2011 at § p.m. at the Southold Town Hall, Main Road, Southold, as the time and place for the next regular Planning Board Public Meeting. Donald Wilcenski: So moved, William Cremers: Second. Martin Sidor: Motion made and seconded. Any discussion? All in favor? Ayes. Martin Sidor: Motion carries. Southold Town Planninq Board Pa.qe Two September 12,2011 PUBLIC HEARINGS 6:00 p.m. - Colony Pond - This proposal is for a standard subdivision of a 13.54-acre parcel into five lots where Lot 1 = 0.8 ac., Lot 2 = 7.7 acres, including a l-acre building envelope and 6.8 acres of preserved Open Space, and Lots 3, 4, & 5 = 0.7 acres 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 Martin Sidor: If anyone from the audience wishes to address the Planning Board regarding this application, please step forward, state your name and address, and print your name and address for the record. Charles Cuddy, Esq.: Good evening. I represent the applicant. Gene Kinsella of Colony Pond Associates is with me and so is Jeff Butler who is the civil engineer who composed part of the plan. I just would like to go through very briefly what we have been through. This is an application that's been before the Board for nearly five years. We do have a negative declaration and SEQRA. We have a non-jurisdiction letter from the DEC. We are now able to get public water, which is what held back the application for several years. As you know, it's 13.54 acres. We have open space that's equal to 65% or more of the area. The drainage is all on site. We think it's an appropriate subdivision. The adjoining area is significantly buffered. As I say, Mr. Butler is here to answer questions, Mr. Kinsella, one of the owners, is here. I would like the Board to give preliminary approval to this. I realize there are other people here who also want to speak, so I'll sit down. Martin Sidor: Thank you. Anyone else from the audience? Steve Curry, 645 Bayview Avenue: This weekend I spoke to many of my neighbors. We, the undersigned residents of Bayview Avenue, would like to present this petition to the Board. We wish to make known our opposition to the proposal for the Colony Pond standard subdivision. Our concerns are that the subdivision radically alters the nature of our neighborhood and that the development of five large houses near the Hashamomack Pond will endanger the pond itself. 1. In the subdivision proposal, it is planned that the proposed homes are compatible with the other homes in the area. This is not the case. The homes on Bayview Avenue are much smaller than the proposed homes. Many of the Bayview Avenue homes are still seasonal use homes. Others, which are year- round residences, are small structures. The largest homes on Bayview Avenue are in the 2,000 sq. ft. range--smaller by over 40% than the proposed homes. Southold Town Planning Board Page Three September 12, 2011 (a.) Our primary concern is the quality of Hashamomack Pond. The pond lies within Reach 6 of the Town of Southold Local Waterfront Revitalization Program. It is the subject of much concern in the report. The proposed subdivision lies within Area of Special Concern 23 in the LWRP. At the time the report was written, the pond was consistently on the DEC water problem list and on its priority water list. Since then, there has been some improvement in the water quality of the pond. But no one can argue that the water quality issue has been resolved. The pond remains a fragile resource which requires careful and thoughtful management. (b.) The LWRP points out that Hashamomack Pond is a major coastal fishery and wildlife area and it is a primary shellfish area. (By the way, I have spoken also to the bay men of Southold and they would oppose this proposal as well.) The LWRP states on Page 15: "Any activity that would further degrade the water quality of Hashamomack Pond would adversely affect the biological productivity of the area." The water quality concerns are septic and road runoff. Some steps have been taken to limit runoff, although this is still an issue. The septic issue is most profound. None of the land around the pond has good drainage. There is a layer of clay under the topsoil that prevents deep percolation and the LWRP recognizes that there are already too many homes on the pond. "Protection of the pond for its shellfish resource values may still require restriction of continued intensification of existing development along the shorelines and within its contributing watershed." (That's on Page 29.) Adding five large homes with five large septic systems to the immediate watershed of the pond flies in the face of the LWRP. Forty of us have signed this petition and I would like to present that to the Board. Martin Sidor: Thank you. Anyone else in the audience? Patricia Moore, Esq., 51020 Main Road, Southold: I have been retained by Mr. & Mrs. Yaxa regarding the five-lot subdivision of the property. My client opposes this plan, as it has been submitted, for several reasons. I have highlighted those reasons in my letter. 1. The Yaxa property is a horse farm with stables for of boarding horses. The farm is a recognized agricultural operation located in an agricultural district and warrants protection from intrusion of residential development. The proposed subdivision map places the homes in close proximity to the horses. The proposed subdivision lots will adversely impact agricultural use and create potential conflict between the farm and the residential use. The proposed lots and eventual homes will be disturbed by the normal activities of the farm. The farm receives deliveries from 5 a.m. throughout the day into the evening. The residences will be impacted by the normal operations of the horse farm: commonly dust, noise and odors of the horse farm. Mr. Condon has proposed a Southold Town Planninq Board PaRe Four September 12,2011 revised design of the lots which places the vegetation of the open space adjacent to the farm. The vegetation of the subdivision open space will attenuate the noise, dust and odors as well as provide a visual barrier between the residences and the animals. The proposed location of the lots clustered close to the road creates an unreasonable density adjacent to the farm and contrary to the character of the properties along Colony Road. Presently, Colony Road is developed on the south side of the road with Mr. & Mrs. Yaxa's home and farm on 13 acres and on the north side of the road. Dorothy Schneider has 54 wooded acres which is the land on the preservation list. The proposed subdivision layout does not enhance the character of the neighborhood and adversely impacts my client's property. 2. The preliminary subdivision map cannot be developed as proposed. The entrance to the farm is exclusively for the use of the farm and may not be used by lot owners to access the open space. Prior to the applicant's purchase of the property, Mr. & Mrs. Yaxa had asserted a legal claim to the road. The road was established more than 40 years ago, and was used exclusively by Mr. & Mrs. Yaxa as the access to the house and the farm. In 2001, the applicant's predecessor in title, Jeffrey and Dale Herrick, were placed on notice by Herbert Hass, Esq., the Yaxa's attorney at the time, that they maintained a prescriptive easement for the road. A survey was prepared which showed the road located 50' into the applicant's property and was an encumbrance on the applicant's title. I've attached a copy of that survey that was prepared on behalf of the Herrick's at the time. The applicant purchased the property with this title encroachment. In 2002, the applicant and Yaxa agreed that the road could be located at the applicant's expense, provided the relocated road would continue to be for the exclusive use of the farm. This subdivision map violates this understanding. 3. The Yaxa farm entrance and road must not be incorporated into the development of the proposed lots. The proposed map has the road running along the four proposed parcels. The subdivision layout, as it is proposed on the map, creates liability for each eventual lot owner, the Yaxa farm, and each horse boarder who drives the road onto the farm. This is an actively used road with activity from early in the morning throughout the day and into the night. A lot line change between the two properties would resolve the encroachment and maintain the use of the road as was contemplated between Yaxa and the developer when the road was relocated. But we don't necessarily care whether there is a lot line change. The road was established and cannot be incorporated into their development. 4. The walking path which is proposed running along the north side of the larger lot, interferes with the farming operation. The Yaxa farm boards thoroughbred horses who are extremely sensitive and do not tolerate human activity. If the subdivision is to have an access path, it should be located on the south side of the parcel away from the horse corrals. Southold Town Planning Board Pa.qe Five September 12, 2011 5. The proposed access path along the north side of the large lot does not access the water. Waterfront access for the Colony Road subdivision is blocked and has been blocked for the last 40 years. Access to the wetlands and water must come from the south of the property. The applicant purchased the property with this encroachment. This subdivision map disregards the fact that the path cannot reach the water and will misrepresent to potential buyers that there is access to the water. If the developer wishes to provide an access to the water, the access must come from the south side of the property and not intersect with the Yaxa's path. The woods and open space of this subdivision should be used to keep the residences away from the farm. The proposed layout of the lots clusters the parcels on the north side of the parcel, close to the farm and the Yaxa home. The proposed lots should be clustered on the south side of the property where the density is already established on Bayview Avenue. The open space should be contiguous to the adjacent farm. Finally, the proposed layout of the subdivision does not conform to the existing site conditions and topography of the property. We asked John Condon, Professional Engineer, to analyze the drainage conditions here on the site. Mr. Condon has determined that this subdivision will exacerbate the flooding which is already a problem on Colony Drive. The proposed lots are being developed in a Iow area which are subject to flooding; these lots will require fill to be developed, which will result in further exacerbation of the poor drainage conditions. The Condon's lot layout places the lots out of harm's way and addresses the drainage of the area with a properly designed catch basin. I have attached to my letter Mr. Condon's report, which I am going to ask him to come up momentarily and highlight for you. My client does not oppose subdivision of this parcel as long as the design of the subdivision is done responsibly. The subdivision should respect their use and enjoyment of their residence, the farm, and address the storm water drainage problems in the Condon report. If my client is forced to enforce their established rights and encumbrances, the subdivision map will not comply with the yield requirements. The original road and area of land north of the road as well as the encroachments at the south end of the property would be excluded from buildable area calculation and reduce the maximum yield of the subdivision, so five lots would not be possible. We respectfully request that this preliminary map be denied and a new layout of the lots be proposed which does not adversely affect the farm, acknowledges the exclusive use of the farm road, and respects the Yaxa's access in the area of the wetlands. Moreover, the preliminary map must address the flooding and drainage problems highlighted by Mr. Condon. My client is ready to work cooperatively with the developer to approve a subdivision which enhances the area, enjoyment of the open space, Southold Town Planninq Board Pa.qe Six September 12, 2011 reduces the overall cost of the drainage systems and improve the value of the properties. I will ask Mr. Condon to come up and go over his report, and we ask you to please consider the points that we've made. Thank you. Donald Wilcenski: Pat, I have one question: how many horses do the Yaxa's typically have on the farm? Patricia Moore: Ten. Donald Wilcenski: Thank you. John Condon, Engineer: I was retained by the Yaxas to go to their property and the neighboring property where the proposed subdivision is to be built. I made two site visits on August 18 and September 8 to look at the existing conditions. Mr. Yaxa provided some photos of some of the previous flooding that occurred back last March 2010. They are attached to my report along with a plan showing the approximate location showing where the photos were taken. We found that the approximate area tributary to the Iow area on Yaxa's property is about 17.4 acres. We calculated about 9.8 acres originating from where the proposed subdivision to the west. The original on the subdivision plan we found that the drainage provided for 2" rainfall with a tributary area of approximately 2.3 acres, which is much less than the 9.8 we calculated. Currently, the proposed lots are clustered near Colony Road with three of the lots along the Yaxa property line, which is near the Iow area. We recommend that the lots be-- Attachment A has a schematic layout of what we are looking for lots. The way the lot played out--the grade is higher on the western side of the lots than it is along the Yaxa property line. This will help reduco the lots would be at a higher elevation. It will be easier to put in the sanitary systems--it will be a higher grade and reduce the need for retaining walls. If the lots are placed along the Yaxa property line, the road coming in around the highest point along Colony Road would result in steeper grades along that property line and higher runoff coefficient from storm water coming off those lots onto the Yaxa property. We came up with some recommendations: we recommend that the recharge basin B be installed. It's Attachment C on our report. That would be placed along the east side of the proposed subdivision road. We have it located right where there's a natural swale that runs towards the Yaxa property, which would catch most of the runoff from the subdivision. I showed two alternatives for the recharge basin. Either for a 2" rainfall or a 6" rainfall. The capacities of 21,800 Cu. Ft. or 42,800 Cu. Ft. We also recommend that they consider the storm water flowing from the adjacent properties along Bayview Avenue. Thank you. Southold Town Planning Board Pa.qe Seven September 12, 2011 Martin Sidor: Thank you. Is there anyone else in the audience who wishes to address the Planning Board? Irene Vanderschuyt, 975 Bayview Avenue, Southold: Good evening, Mr. Chair and members of the Planning Board. My concerns for the proposed subdivision of the plat known as Colony Pond are as follows: The Town of Southold has taken great measures to preserve its land, so why isn't the land being developed as a typical R-80 zoning? When I asked this, I was told that the building could also be clustered if the land could be developed according to R-80. However, this triangularly-shaped, marginally buildable piece of property would be hard pressed to be able to build five R- 80 lots with a conventional road. If it were developed using a common driveway or flagstaffing, emergency vehicles such as fire trucks and ambulances would have a difficult time trying to serve the residents living there. This land also contains tidal wetlands. Were these wetlands counted as part of the two-acre zoning requirement for R-80 development and according to the DEC's Article 25, Tidal Wetlands, was a 300' buffer subtracted from the proposed plot before conforming to R-80 zoning? Also, has the DEC issued a permit regarding the existing easement or road which is shown to extend to the wetlands and is proposed to be changed from a 10' road to a 4' unimproved natural access path, which would serve the people of Colony Pond giving access to a delicate, already overburdened Hashamomack Pond wetland which is adjacent to the protected Peconic Land Trust. Lot #2 has a building envelope of one acre which is not shown on the map. Does this mean in reality we are looking at six buildable lots? That could not conform to the conventional R-80 unless Lot #6 were built on the wetlands as waterfront property. Just a quick note--Lot #2 which equals 7.7 acres with a one-acre building envelope, so 6.7 acres, not 6.8 acres would be preserved by Lot #2 as open space. Thank you. Martin Sidor: Is there anyone else in the audience? Jeffrey T. Butler, P.E.: Members of the Board, I just want to point out a few things about the storm water design. It's been designed in accordance with the Town Code and also in accordance with the August 2010 New York State Storm Water Design Manual as administered and published by the DEC. We are not proposing any elevated sanitary systems on this site. We have about 10-1/2' to ground water where the test hole was taken on Lot #2. I believe that the flooding that Mr. Condon has referred to in the pictures were from March 2010. Ithink we all can remember what storm event we had in March 2010. We had some poor soils which allow standing water to stay and not penetrate down into ground water. As I said, the design of the storm water system for this site and the proposed roadway, houses and all permeable surfaces, takes that into account and penetrates that if it exists where these structures are going in to comply with both the Southold Town Code and the NYS DEC's Storm Water Management Plan. I am here to answer any other questions you might have. Southold Town Planninq Board Page Eight September 12, 2011 Martin Sidor: Thank you. Charles Cuddy: If I may just have a moment of rejoinder, as I understand it, one group would prefer that we have nothing there and the other group would prefer that they redesign our subdivision. I think that the answer to those who would like nothing there, I think that we've designed the subdivision that's appropriate to the area. I would note that if there are 40 people that signed the petition, those people have septic systems themselves. If any cause for alarm is raised, I think that's probably a good cause right there, but we don't think we are adding any significant addition to a problem that they rely on here. I think that our subdivision will be approved by the Health Department. We are going to have public water, we are going to have septic systems that are approved. In answer to Ms. Moore's discussion, I would point out to you that yes, there was an agreement--and I will make it part of the record--between the Yaxas and the Colony Pond Associates to use an area that is shown on the map just as it's shown. I don't think it was to be used exclusively. We can discuss that and also discuss the 10' easement that goes back further towards the wetlands area. But, as far as we are concerned, we did design an appropriate subdivision, we think our engineer designed it appropriately, we think that it is clustered properly and we ask that it be approved. Again, I would like to end up with this March 14, 2002 letter which specifies what the easement is for. Martin Sidor: Anyone else in the audience wishing to address the Planning Board? Any questions from the Planning Board? We have also had some correspondence. Heather Lanza: There have been several letters and they will be made part of the record as well--and will be considered. Martin Sidor: What is your favor? 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. Southold Town Planninq Board PaRe Nine September 12, 2011 6:02 p.m. - Estate of Antone GriRonis - This proposal is for an 80/60 clustered Conservation Subdivision on 21.5978 acres of land (SCTM#1000-55-1-5.1 and 1000- 55-2-8.5) into seven (7) lots where Lot 1 = 43,904 sq. ft., Lot 2 = 40,001 sq. ft., Lot 3 = 40,604 sq. ft., Lot 4 = 55,211 sq. ft. inclusive of a 13,364 sq. ft. r-o-w, Lot 5 = 7.33 acres and is proposed to be preserved through a Sale of Development Rights to Suffolk County; Lot 6 = 9.45 acres and is proposed to be preserved through a Sale of Development Rights to Suffolk County; Lot 7 = 30,000 sq. ft. and will be dedicated to the Town of Southold for drainage purposes. The properties are located on the west and east sides of Young's Avenue, south of Old North Road in Southold. SCTM#1000- 55-1-5.1 & 55-2-8.5 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. Alison & Scott Latham, 1755 Old North Road: We just really kind of have a couple of questions regarding the lots that are being sold to the County for development rights. What the terms are of that--in the proposed Covenants and Restrictions on those lots that are to be preserved we see that they cannot have any residential structures built. Our question is: what can be built? Scott Latham, 1755 Old North Road: It is our understanding that the Town bought it. Farm land means one thing to the Town and Open Space might mean something different to the County. Martin Sidor: I believe they are pretty similar, but I think it's contractual between the landowner and the County. Alison Latham: OK. The other thing was just the dedication of Lot #7 I think it is to the Town for drainage purposes. We would just like to express our desire that a true proper sump be built, because right now and for many, many years now there has just been a huge hole that is not fenced in that children can fall into~a small child could drown when it's full. So we would really like to see a proper sump built there with fencing and landscaping. Martin Sidor: That would be the Town Engineer and I believe that is his intent. That is definitely one of the advantages of this subdivision. Scott Latham: We just want to make sure that--sometimes things get lost in the shuffle here in Town. That sump is truly needed. The folks who live right across the street--on a good rain like the March storm they were talking about in the last one--they were underwater. Southold Town Plannin,q Board Page Ten September 12, 2011 Martin Sidor: I've driven back there many times. It's not that March storm that's needed to flood that area. It's basically any rain over an inch or whatever. Alison Latham: We have no opposition--just questions. Martin Sidor: OK. Thank you. Kenneth Edwards: I think your concerns are well taken. They are recorded in the minutes. Martin Sidor: Is there anyone else? Robert Griqonisl Principal Contractor: As far as the questions from the Lathams, I will check with Suffolk County, but I believe you can put up farm buildings--not residential buildings. I think they limit it to one building for each property, but it has been five years since we talked about it. I will contact them and ask them to give you something written of how that works. As far as the sump area--that 30,000 sq. ft.--Jamie Richter, the Town Engineer, has designed a shallow sump with a berm around the perimeter of it and landscaped with some sort of trees and bushes so it flows into the landscape and isn't noticeable. Mr. Richter probably has more details on that. I would talk to him to get more details on that also. ~, · Martin Sidor: Does that answer? Scott Latham: Our concern was not the intention of the Grigonis' and the Haymans. We just want to make sure that all right, the Town has gotten this property that they follow up by actually putting the sump in. That's all. Kenneth Edwards: Was one of your concerns that the 50' be fenced? Scott Latham: That is one of the concerns, but that it actually just gets done. Because what the Town has done for the 12 years we've been there is--I don't know how it started--whether they just took a loader down there and scooped it out one day to alleviate a problem that occurred one time. But it's become a de facto sump that the Town periodically comes in and scoops out the silt so that it will drain, but they never put a fence around it. So, it was my argument that they have taken liability for this by cleaning it, but they haven't put a fence around it and there's a lot of kids in the neighborhood and they could get injured. I'm not concerned that Bob's not going to give or sell it to them--I just want to make sure that the Town actually follows through and puts it in. Ken Edwards: I understand--you just want to see it completed and done right. Southold Town Planninq Board Page Eleven September 12, 2011 Scott Latham: Yes. Right now it's just ground level and then it dips off. A car could disappear in there. That's what we are concerned about. Martin Sidor: I would also add whether it be the County or the Town--Heather, correct me if I'm wrong--when you sell the development rights they may be somewhat different but they are very, very similar. Heather Lanza: Yes, they are very similar. Martin Sidor: So that would not cause any kind of concern. Roberl Gri.qonis: I'd like to say one other thing for Scott: I believe the Town is very interested in proceeding with that sump because they have a lot of complaints of the water in that area, so I think they are ready to move on it. Martin Sidor: Thank you. Any other questions from the public? Hearing none ...... William Cremers: I make a motion we close the hearing. James Rich: Second. Martin Sidor: Motion made and seconded. Any discussion? All in favor? Ayes. Martin Sidor: Motion carries. Thank you. SET HEARINGS Mellas and Smith - This proposed Lot Line Change will transfer 9,626 sq. ft. from SCTM#1000-79-6-4.6 to SCTM#1000-79-6-29. Lot 29 will increase from 15,000 sq. ft. to 24,626 sq. ft., and Lot 4.6 will decrease from 96,747 sq. ft. to 87,121 sq. ft. Lot 29 is located in the R-40 Zoning District and Lot 4.6 is located in the A-C Zoning District. The properties are located at 935 Jacobs Lane & 340 Colonial Road in Southold. Kenneth Edwards: Mr. Chairman I will offer the following resolution: WHEREAS, this proposal will transfer 9,626 sq. ft. from SCTM#1000-79-6-4.6 to SCTM#1000-79-6-29. Lot 29 will increase from 15,000 sq. ft. to 24,626 sq. ft., and Lot 4.6 will decrease from 96,747 sq. ft. to 87,121 sq. ft. Lot 29 is located in the R-40 Zoning District and Lot 4.6 is located in the A-C Zoning District; be it therefore Southold Town Planninq Board Pa.qe Twelve September 12, 2011 RESOLVED, that the Southold Town Planning Board sets Monday, October 17, 2011 at 6:00 p.m. for a public hearing regarding the map dated June 1,2011 prepared by John C. Ehlers, Land Surveyor. William Cremers: Second. Martin Sidor: Motion made and seconded. Any discussion? All in favor? Ayes. Martin Sidor: Motion carries. G.W. Meade Farm ~ This site plan is for the proposed construction of a 5,200 sq.ft. home barn connecting to a 14,400 sq. ft. indoor arena for the keeping/breeding/raising and training of horses and a riding academy with 10 parking spaces. Also on the property are a 1,140 sq. ft. single-family dwelling, a 1,965 sq. ft. frame barn and a 700 sq. ft. frame building. The property is located at 1375 Ackerly Pond Lane, 1,100'+ w/o Lower Road and Ackerly Pond Lane, Southold. SCTM#1000-69-5-7.1 William Cremers: Mr. Chairman, I will offer the following: WHEREAS, this proposal is for the construction of a 5,200 sq. ft. home barn connecting to a 14,400 sq. ft. indoor arena for the keeping/breeding/raising and training of homes and a riding academy with 10 parking spaces. Also on the property are a 1,140 sq. ft. single-family dwelling, a 1,965 sq. ft. frame barn and a 700 sq. ft. frame building; be it therefore, RESOLVED, that the Southold Town Planning Board sets Monday, October 17, 2011 at 6:02 p.m. for a public hearing regarding the map prepared by John T. Metzger, Peconic Surveyors, P.C. dated May 31,2011 and last revised June 27,2011. Donald Wilcenski: Second. Martin Sidor: Motion made and seconded. Any discussion? All in favor? Ayes. Martin Sidor: Motion carries. Southold Town Planning Board Page Thirteen September 12, 2011 OTHER DENIAL: Sherwood House Vineyards - This site plan is for the proposed construction of two patios, one of brick at 160 sq. ft. and the other a cedar deck at 490 sq. ft. for an outdoor wine tasting area that will include a 4,453 sq. ft. gravel parking lot with a connecting paved footpath. The property is located at 2600 Oregon Road, +/- 460' w/o Elijah's Lane in Mattituck. SCTM#1000-100-4-5.3 James Rich: Mr. Vice Chairman, I will offer the following resolution: WHEREAS, this site plan is for the proposed creation of an outdoor wine tasting area, including the construction of two patios, one of brick at 160 sq. ft. and the other a cedar deck at 490 sq. ft. and a 4,453 sq. ft. gravel parking lot with a connecting paved footpath; and WHEREAS, the applicant submitted an application for site plan review on April 15, 2011; and WHEREAS, at their Work Session on May 9, 2011, the Planning Board accepted the application for formal review; and WHEREAS, on May 18, 2011, the Planning Board, pursuant to Southold Town Code §280-131 C., distributed the application to the required agencies for their comments; and WHEREAS, this action is exempt from Suffolk County Planning Commission referral pursuant to the inter-municipal agreement between the SCPC and the Town of Southold which states: site plan applications proposing less than 5,000 square feet of new or renovated floor area or less than 10,000 square feet of land disturbance should not be subject to referral; and WHEREAS, on June 3,2011, the applicant submitted revised maps as requested by the Planning Board; and WHEREAS, on June 27,2011, a Work Session was held where comments from referral agencies and revised maps were discussed; and WHEREAS, on June 29, 2011, the Planning Board sent a letter to the applicant detailing the outstanding issues that remained to be resolved with the site plan; and Southold Town Planning Board Page Fourteen September 12, 2011 WHEREAS, on July 11,2011, a public hearing on this application was held and closed by the Planning Board; and WHEREAS, on July 11,2011, the applicant submitted revised maps; and WHEREAS, on July 25, 2011, a Work Session was held where the Planning Board reviewed the revised plans submitted on July 11,2011 and determined that several issues remained unresolved, including the following: Parkinq: The Planning Board required 35 spaces to be provided, with as many on site as possible (parking on Oregon Road at this location is not safe due to the narrow pavement width and tractor and truck traffic from the busy agricultural operations surrounding the area). The revised plan showed 18 spaces, with 35 "overflow parking spaces" provided, along with a lease, on the property across the street. It was determined that accessory parking is not allowed in the A-C Zone without the principal use being located on the same property, thus the Planning Board found that the site plan was still short at least 17 spaces. Agricultural Fueling or Filling Area: The Planning Board noted that there was a nearby utility building that appeared to be either a fueling or chemical filling station and requested the applicant to explain the activities, if any, that occurred there as well as provide any necessary safety precautions to prevent their patrons from interacting with any dangerous substances or being threatened with potential explosions. The application is still lacking any explanation to satisfy this request of the Planning Board. Evergreen Buffer: The Planning Board was concerned with the health and welfare of the occupants of the nearby residence. They required that an evergreen buffer be installed between the parking lot and the property line to mitigate noise and disturbance. Pool Fence: The Planning Board expressed concern for the safety of patrons near a pool with a fence that is decaying and does not meet the Town Code and the Uniform Fire Prevention & Building Code for pool fences. With that in mind, they require the applicant to bring the pool fence up to required standards and obtain a Certificate of Occupancy prior to completing the review of this site plan application. The applicant has not yet submitted the Certificate of Occupancy to the Planning Board. Violation of the Development Rights Easement: The Planning Board was made aware that the applicant continued to operate their retail wine tasting area within the Town's Development Rights Easement on the subject property, an activity that the easement prohibits and that is a violation of the Town Code. In the Southold Town Planning Board Page Fifteen September 12, 2011 alternative to denying the site plan application as permitted under §280-131(M), the Planning Board required that they cease their operation in the easement area prior to completing the review of this site plan application. The applicant continues to operate in the easement area and to violate the Town Code; and WHEREAS, on August 2,2011, the Planning Board issued a letter informing the applicant that they would suspend review of the site plan application until existing code violations were remedied. The letter also put the applicant on notice that the Planning Board was reserving the right to deny the application pursuant to §280-131(M) of the Town Code. The Planning Board allotted a thirty (30) day period to receive notification from the applicant that the two code violations noted in numbers four and five above were corrected; and WHEREAS, on September 2, 2011, the allotted thirty (30) day period expired with no remedy of the existing violations and no response to the Planning Board from the applicant regarding the violations; therefore be it RESOLVED, that the Southold Town Planning Board hereby denies the site plan application entitled "Sherwood House Vineyards." This denial is without prejudice and the record may be re-opened and an amended decision issued upon the applicant's written request to the Planning Board and notification from the applicant that the violations set forth herein have been remedied. Kenneth Edwards: Second the motion. Donald Wilcenski: All in favor? Kenneth Edwards, William Cremers, James Rich, Donald Wilcenski: Ayes. Donald Wilcenski: Motion carries. Martin Sidor: For the record, I recused myself because they are a neighbor. APPROVAL OF PLANNING BOARD MINUTES Martin Sidor: Motion needed to approve the minutes of: August 8, 2011. William Cremers: So moved. Donald Wilcenski: Second. Southold Town Planninq Board Page Sixteen September 12, 2011 Martin Sidor: Motion made and seconded. Any discussion? All in favor? Ayes. Martin Sidor: Motion carries. Does anyone on the Planning Board or staffwish to put anything on the record? Hearing none, do I have a motion to adjourn? Donald Wilcenski: So moved. James Rich: Second. Martin Sidor: Motion made and seconded. Any discussion? All in favor? Ayes. Martin Sidor: Motion carries. This meeting is closed. There being no further business to come before the meeting, it was ADJOURNED at 6:40 p.m. Respectfully submitted, Linda Rand~ph, TranScribing Secretary Martin H. Sidor, Chair RECEIVED O~T ! 9 2011 Southold' Town